i e AT 23 of 1985 ROAD TRAFFIC ACT 1985

Transcription

1 i e AT 23 of 1985 ROAD TRAFFIC ACT 1985

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3 Road Traffi At 1985 Index i e ROAD TRAFFIC ACT 1985 Index Setion Page PART I PRINCIPAL ROAD SAFETY PROVISIONS 9 Offenes onneted with driving of motor vehiles 9 1 Causing death by dangerous driving A Causing serious bodily harm by dangerous driving Dangerous driving A Meaning of dangerous driving B Causing death by areless or inonsiderate driving C Causing serious bodily harm by areless or inonsiderate driving Careless or inonsiderate driving ZA Meaning of areless or inonsiderate driving A Causing death by areless driving when under influene of drink or drugs B Causing death by driving and at the time unliensed, disqualified or uninsured Driving under age Driving under age [For speified purpose only see footnote] Driving et under influene of drink or drugs A Driving or being in harge of vehile with alohol above presribed limit B Breath tests Provision of speimens for analysis Choie of speimens of breath A Protetion for hospital patients B Detention of persons affeted by alohol or a drug C Use of speimens in proeedings for an offene under setion 3A, 5 or 5A D Doumentary evidene as to speimens in suh proeedings DA Speimens of blood taken from persons inapable of onsenting E Interpretation of setion 3A and 5 to 7D Motor raing on highways Regulation of motoring events on publi highways Restrition on arriage of persons on motor yles Offenes onneted with riding of pedal yles Dangerous yling AT 23 of 1985 Page 3

4 Index Road Traffi At Careless and inonsiderate yling Cyling when under influene of drink or drugs Regulation of yle raing on highways Restrition on arriage of persons on biyles Offenes onneted with traffi generally Drivers to omply with traffi diretions Pedestrians, et to omply with diretions to stop given by onstables regulating vehiular traffi Speial provisions as to stationary motor vehiles or trailers A Parking near juntions Leaving vehiles in dangerous positions Aidents Duties on ourrene of an aident aused by presene of a motor vehile General provisions as to aident inquiries Anillary provisions for preventing, or mitigating effets of, aidents Penalisation of tampering with motor vehiles Penalisation of holding or getting on to a vehile in order to be towed or arried Protetive helmets for motor ylists Seat belts A Causing danger to road-users Manning of loomotives and trailers Requirements as to employment of persons to attend to loomotives and trailers Restritions on use of motor vehiles off roadway Control of use of footpaths for trials et Prohibition of driving motor vehiles elsewhere than on roads A Restritions on immobilisation of motor vehiles Use by Department and loal authorities of vehiles and applianes on footways Driving of vehiles on footways and parking of vehiles on entral reservations and footways Road safety information and road training The Highway Code Power of Department as to giving road safety information and training Constrution et, and use Liensing and disqualifiation of drivers Driving instrution Third-party liability PART II MISCELLANEOUS AND GENERAL 39 Misellaneous Saving as to road raes Adjustment of lights of motor vehiles Page 4 AT 23 of 1985

5 Road Traffi At 1985 Index 39 [Repealed] Power of polie to stop vehiles et Weighing of motor vehiles Power of onstable to require prodution of driving lienes Power of onstables to obtain names and addresses of drivers and others, and to require prodution of evidene of insurane or seurity and test ertifiates Penalisation of failure to give name and address, and power of arrest, in ase of dangerous or areless driving or yling, et Pedestrian ontravening onstable s diretion to stop to give name and address Duty of owner of motor vehiles to give information for verifying ompliane with requirement of ompulsory insurane or seurity Duty to give information as to identity of driver, et, in ertain ases Forgery, false statements, et Forgery of douments, et False statements and withholding material information Issue of false douments Power to seize artiles with respet to whih offenes under ss 51 to 53 may have been ommitted Personation of or of person employed by authorised examiner, et Proseution and punishment of offenes and other provisions relating to legal proeedings, et Proseution and punishment of offenes Penalty for breah of regulations Restritions on proseution for ertain offenes Time within whih summary proeedings for ertain offenes must be ommened Evidene by ertifiate Admissibility of reords as evidene A Admissibility of evidene of speed et Proof, in summary proeedings of identity of driver of vehile Proseutions Destination of fines Inquiries General power to hold inquiries General provisions as to inquiries Appliation to the Crown Appliation to Crown Interpretation Interpretation of expressions relating to motor vehiles and lasses thereof Artiulated vehiles Hover vehiles Certain vehiles not to be treated as motor vehiles AT 23 of 1985 Page 5

6 Index Road Traffi At Use of invalid arriages on highways Method of alulating weight of motor vehiles and trailers Interpretation of statutory referenes to arriages General interpretation provisions Supplementary Power of Department to give effet to Community rules Power to make, and Tynwald ontrol over, regulations, orders et Provision, et, of weighbridges Expenses and reeipts Referenes to Ats of Parliament Appliation of regulations made under Ats of Parliament Extension of the provisions of this At to other roads A Appliation of road traffi provisions to ar parks Savings, transitional provisions and amendments Short title, ommenement and onstrution SCHEDULE 1 67 SUPPLEMENTARY PROVISIONS IN CONNECTION WITH PROCEEDINGS FOR OFFENCES UNDER SECTION 24(4) (PROTECTIVE HELMETS) 67 SCHEDULE 2 69 CONSTRUCTION AND USE OF VEHICLES AND EQUIPMENT 69 SCHEDULE 3 89 SCHEDULE DRIVING INSTRUCTION 117 Appeals 126 SCHEDULE THIRD-PARTY LIABILITIES 131 SCHEDULE PROSECUTION AND PUNISHMENT OF OFFENCES 144 SCHEDULE SAVINGS AND TRANSITIONAL PROVISIONS 157 SCHEDULE AMENDMENT OF CERTAIN ENACTMENTS 161 Page 6 AT 23 of 1985

7 Road Traffi At 1985 Index SCHEDULE ENDNOTES 163 TABLE OF LEGISLATION HISTORY 163 TABLE OF RENUMBERED PROVISIONS 163 TABLE OF ENDNOTE REFERENCES 163 AT 23 of 1985 Page 7

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9 Road Traffi At 1985 Setion 1 i e ROAD TRAFFIC ACT 1985 Reeived Royal Assent: 23 September 1985 Passed: 15 Otober 1985 Commened: See endnotes AN ACT to repeal and re-enat with amendments ertain enatments relating to road traffi and for onneted purposes. GENERAL NOTES 1. The maximum fines in this At are as inreased by the Criminal Justie (Penalties, Et.) At 1993 s Referenes to the Treasurer are to be onstrued in aordane with the Treasury At 1985 s Referenes to the Finane Board are to be onstrued in aordane with the Treasury At 1985 s Referenes to a Board of Tynwald are to be onstrued in aordane with the Government Departments At 1987 s 7. PART I PRINCIPAL ROAD SAFETY PROVISIONS Offenes onneted with driving of motor vehiles 1 Causing death by dangerous driving [P1988/52/1; P1991/40/1] A person who auses the death of another person by driving a mehanially propelled vehile dangerously on a road or other publi plae is guilty of an offene. 1 1A Causing serious bodily harm by dangerous driving A person who auses serious bodily harm to another person by driving a mehanially propelled vehile dangerously on a road or other publi plae is guilty of an offene. 2 AT 23 of 1985 Page 9

10 Setion 2 Road Traffi At Dangerous driving [P1988/52/2; P1991/40/1] A person who drives a mehanially propelled vehile dangerously on a road or other publi plae is guilty of an offene. 3 2A Meaning of dangerous driving [P1988/52/2; P1991/40/1] (1) For the purposes of setions 1, 1A and 2 a person is to be regarded as driving dangerously if (and, subjet to subsetion (2), only if) the way he drives falls far below what would be expeted of a ompetent and areful driver, and it would be obvious to a ompetent and areful driver that driving in that way would be dangerous. 4 (2) A person is also to be regarded as driving dangerously for the purposes of setions 1, 1A and 2 if it would be obvious to a ompetent and areful driver that driving the vehile in its urrent state would be dangerous. 5 (3) In subsetions (1) and (2) dangerous refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsetions what would be expeted of, or obvious to, a ompetent and areful driver in a partiular ase, regard shall be had not only to the irumstanes of whih he ould be expeted to be aware but also to irumstanes shown to have been within the knowledge of the aused. (4) In determining for the purposes of subsetion (2) the state of a vehile, regard may be had to anything attahed to or arried on or in it and to the manner in whih it is attahed or arried. 6 2B Causing death by areless or inonsiderate driving P1988/52/2B A person who auses the death of another person by driving a mehanially propelled vehile on a road or other publi plae without due are and attention, or without reasonable onsideration for other persons using the road or plae, is guilty of an offene. 7 2C Causing serious bodily harm by areless or inonsiderate driving A person who auses serious bodily harm to another person by driving a mehanially propelled vehile on a road or other publi plae without due are and attention, or without reasonable onsideration for other persons using the road or plae, is guilty of an offene. 8 Page 10 AT 23 of 1985

11 Road Traffi At 1985 Setion 3 3 Careless or inonsiderate driving [P1988/52/3; P1991/40/2] A person who drives a mehanially propelled vehile on a road or other publi plae without due are and attention, or without reasonable onsideration for other persons using the road or plae is guilty of an offene. 9 3ZA Meaning of areless or inonsiderate driving P1988/52/3ZA (1) This setion has effet for the purposes of setions 2B, 2C, 3 and 3A. (2) A person is to be regarded as driving without due are and attention if (and only if) the way the person drives falls below what would be expeted of a ompetent and areful driver. (3) In determining for the purposes of subsetion (2) what would be expeted of a ompetent and areful driver in a partiular ase, regard must be had not only to the irumstanes of whih the aused ould be expeted to be aware but also to any irumstanes shown to have been within the knowledge of the aused. (4) A person is to be regarded as driving without reasonable onsideration for other persons only if those persons are inonveniened by the person s driving. 10 3A Causing death by areless driving when under influene of drink or drugs [P1988/52/3A; P1991/40/3] (1) If a person auses the death of another person by driving a mehanially propelled vehile on a road or other publi plae without due are and attention, or without reasonable onsideration for other persons using the road or plae, and () he is, at the time when he is driving, unfit to drive through drink or drugs, or he has onsumed so muh alohol that the proportion of it in his breath, blood or urine at that time exeeds the presribed limit, or he is, within 18 hours after that time, required to provide a speimen in pursuane of setion 6, but without reasonable exuse fails to provide it, he is guilty of an offene. (2) For the purposes of this setion a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired. 11 AT 23 of 1985 Page 11

12 Setion 4 Road Traffi At B Causing death by driving and at the time unliensed, disqualified or uninsured P1988/52/3ZB A person is guilty of an offene under this setion if the person auses the death of another person by driving a motor vehile on a road and, at the time when he or she is driving, the irumstanes are suh that the person is ommitting an offene under () paragraph 1(1) of Shedule 3 (driving otherwise than in aordane with a liene); paragraph 18 of Shedule 3 (driving while disqualified); or paragraph 1(1) of Shedule 5 (using motor vehile while uninsured or unseured against third party risks) Driving under age 13 [P1972/20/96 and 110] (1) A person shall not drive on a road a motor vehile of a lass speified in the first olumn of the following table if he is under the age speified in relation thereto in the seond olumn of that table: Table Class of motor vehile Age in years 1 Invalid arriage 16 2 Motor yle whih is- 16 a learner motor yle; () a mowing mahine; or a vehile ontrolled by a pedestrian. 3 Motor yle (other than a motor yle in lass 2) Agriultural trator Motor ar Any other vehile. 21 (2) A person who drives, or auses or permits a person to drive, a motor vehile in ontravention of subsetion (1) shall be guilty of an offene. (3) The Department may by regulations amend the table in subsetion (1) by varying the lasses or ages speified therein, and suh regulations may make suh onsequential, transitional, inidental or supplemental provision (inluding any amendment of subsetion (4)) as appears to the Department to be neessary for the purpose of the regulations. 14 (3A) A person shall not drive on a road an eletrially assisted pedal yle of a lass speified in regulations made for the purposes of setion 68 if he is under the age of 14 years. 15 Page 12 AT 23 of 1985

13 Road Traffi At 1985 Setion 4 (3B) A person who drives a pedal yle, or auses or permits a person whom he knows or suspets to be under the age of 14 years to drive a pedal yle, in ontravention of subsetion (3A) shall be guilty of an offene. 16 (4) In this setion agriultural trator means a motor trator designed and onstruted for use in onnetion with agriulture. learner motor yle [Repealed] 17 4 Driving under age [For speified purpose only see footnote] 1 (1) A person shall not drive on a road a motor vehile of any lass unless he is of an age presribed in relation to that lass of vehile; and he omplies with suh onditions (if any) as are presribed in relation to a driver of his age and in relation to that lass of vehile. (2) A person who drives, or auses or permits a person to drive, a motor vehile in ontravention of subsetion (1) shall be guilty of an offene. (3) Regulations made by the Department for the purposes of this setion may make suh onsequential, transitional, inidental or supplemental provision as appears to the Department to be neessary or expedient for the purposes of the regulations Driving et under influene of drink or drugs [P1988/52/4; P1991//40/4] (1) A person who, when driving or attempting to drive a mehanially propelled vehile on a road or other publi plae, is unfit to drive through drink or drugs is guilty of an offene. (2) Without prejudie to subsetion (1), a person who, when in harge of a mehanially propelled vehile whih is on a road or other publi plae, is unfit to drive through drink or drugs is guilty of an offene. (3) For the purposes of subsetion (2), a person shall be deemed not to have been in harge of a mehanially propelled vehile if he proves that at the material time the irumstanes were suh that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs. (4) The ourt may, in determining whether there was suh a likelihood as is mentioned in subsetion (3), disregard any injury to him and any damage to the vehile. 1 This version of s 4 substituted by Road Traffi (Amendment) At 2001 Sh 1 only for the purpose of making regulations with effet from 01/04/2005. AT 23 of 1985 Page 13

14 Setion 5 Road Traffi At 1985 (5) For the purposes of this setion, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired. (6) A onstable may arrest a person without warrant if he has reasonable ause to suspet that that person is or has been ommitting an offene under this setion. (7) For the purpose of arresting a person under the power onferred by subsetion (6), a onstable may enter (if need be by fore) any plae where that person is or where the onstable, with reasonable ause, suspets him to be. 19 5A Driving or being in harge of vehile with alohol above presribed limit [P1998/52/5] (1) If a person drives or attempts to drive a mehanially propelled vehile on a road or other publi plae, or is in harge of a mehanially propelled vehile on a road or other publi plae, after onsuming so muh alohol that the proportion of it in his breath, blood or urine exeeds the presribed limit he is guilty of an offene. (2) It is a defene for a person harged with an offene under subsetion (1) to prove that at the time he is alleged to have ommitted the offene the irumstanes were suh that there was no likelihood of his driving the vehile whilst the proportion of alohol in his breath, blood or urine remained likely to exeed the presribed limit. (3) The ourt may, in determining whether there was suh a likelihood as is mentioned in subsetion (2), disregard any injury to him and any damage to the vehile. 20 5B Breath tests [P1988/52/6] (1) If an aident ours owing to the presene of a mehanially propelled vehile on a road or other publi plae, a onstable may, subjet to subsetion (4), require any person who he has reasonable ause to believe was driving or attempting to drive or in harge of the vehile at the time of the aident to provide a speimen of breath for a breath test. (2) Where a onstable in uniform has reasonable ause to suspet that a person has been driving or attempting to drive or been in harge of a mehanially propelled vehile on a road or other publi plae and has ommitted a speified offene whilst the vehile was in motion, he may, subjet to subsetion (4), require him to provide a speimen of breath for a breath test. Page 14 AT 23 of 1985

15 Road Traffi At 1985 Setion 5 (3) A person may be required under subsetion (1) or subsetion (2) to provide a speimen either at or near the plae where the requirement is made, or if the requirement is made under subsetion (1) and the onstable making the requirement thinks fit, at a polie station speified by the onstable. (4) While a person is at a hospital as a patient he shall not be required to provide a speimen of breath for a breath test unless the medial pratitioner in immediate harge of his ase has been notified of the proposal to make the requirement; and if the requirement is then made, it shall be for the provision of a speimen at the hospital, but if the medial pratitioner objets on the ground that the requirement would be prejudiial to the proper are and treatment of the patient, the requirement shall not be made. (5) A person who, without reasonable exuse, fails to provide a speimen of breath when required to do so in pursuane of this setion is guilty of an offene. (6) A onstable may arrest a person without warrant if as a result of a breath test he has reasonable ause to suspet that the proportion of alohol in that person s breath or blood exeeds the presribed limit, or that person has failed to provide a speimen of breath for a breath test when required to do so in pursuane of this setion and the onstable has reasonable ause to suspet that he has alohol in his body, but a person shall not be arrested by virtue of this subsetion when he is at a hospital as a patient. (7) A onstable may, for the purpose of requiring a person to provide a speimen of breath under subsetion (1) in a ase where he has reasonable ause to suspet that the aident involved injury to another person, or arresting him in suh a ase under subsetion (6), enter (if need be by fore) any plae where that person is or where the onstable, with reasonable ause, suspets him to be. (8) In this setion breath test means a preliminary test for the purpose of obtaining, by means of a devie of a type approved by the Department of Home Affairs, an indiation whether the proportion of alohol in a person s breath or blood is likely to exeed the presribed limit. (9) In this setion speified offene means an offene under setion 2 (dangerous driving); or AT 23 of 1985 Page 15

16 Setion 6 Road Traffi At 1985 setion 3 (areless or inonsiderate driving); or suh other offene as may be speified for the purpose of this subsetion by an order made by the Department Provision of speimens for analysis [P1988/52/7; P1996/25/63] (1) In the ourse of an investigation into whether a person has ommitted an offene under setion 3A, 5 or 5A a onstable may, subjet to the following provisions of this setion and setion 7A, require him to provide two speimens of breath for analysis by means of a devie of a type approved by the Department of Home Affairs, or to provide a speimen of blood or urine for a laboratory test. (2) A requirement under this setion to provide speimens of breath an only be made at a polie station. (3) A requirement under this setion to provide a speimen of blood or urine an only be made at a polie station or at a hospital; and it annot be made at a polie station unless () (d) the onstable making the requirement has reasonable ause to believe that for medial reasons a speimen of breath annot be provided or should not be required, or at the time the requirement is made a devie or a reliable devie of the type mentioned in subsetion (1) is not available at the polie station or it is then for any other reason not pratiable to use suh a devie there, or a devie of the type mentioned in subsetion (1) has been used at the polie station but the onstable who required the speimens of breath has reasonable ause to believe that the devie has not produed a reliable indiation of the proportion of alohol in the breath of the person onerned, or the suspeted offene is one under setion 3A or 5 and the onstable making the requirement has been advised by a medial pratitioner that the ondition of the person required to provide the speimen might be due to some drug; but may then be made even though the person required to provide the speimen has already provided or been required to provide two speimens of breath. (4) If the provision of a speimen other than a speimen of breath may be required in pursuane of this setion the question whether it is to be a speimen of blood or a speimen of urine and, in the ase of a speimen of blood, the question who is to be asked to take it shall be deided (subjet to subsetion (4A)) by the onstable making the requirement. 22 Page 16 AT 23 of 1985

17 Road Traffi At 1985 Setion 7 (4A) Where a onstable deides for the purposes of subsetion (4) to require the provision of a speimen of blood, there shall be no requirement to provide suh a speimen if the medial pratitioner who is asked to take the speimen is of the opinion that, for medial reasons, it annot or should not be taken; or the registered health are professional who is asked to take it is of that opinion and there is no ontrary opinion from a medial pratitioner, and, where by virtue of this subsetion there an be no requirement to provide a speimen of blood, the onstable may require a speimen of urine instead. 23 (5) A speimen of urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous speimen of urine. (6) A person who, without reasonable exuse, fails to provide a speimen when required to do so in pursuane of this setion is guilty of an offene. (7) A onstable must, on requiring any person to provide a speimen in pursuane of this setion, warn him that a failure to provide it may render him liable to proseution Choie of speimens of breath [P1988/52/8] (1) Subjet to subsetion (2), of any two speimens of breath provided by any person in pursuane of setion 6 that with the lower proportion of alohol in the breath shall be used and the other shall be disregarded. (2) If the speimen with the lower proportion of alohol ontains no more than 50 mirogrammes of alohol in 100 millilitres of breath, the person who provided it may laim that it should be replaed by suh speimen as may be required under setion 6(4) and, if he then provides suh a speimen, neither speimen of breath shall be used. 25 7A Protetion for hospital patients (1) While a person is at a hospital as a patient, no speimen shall be taken from that person nor shall that person be required to give permission for a laboratory test of a speimen taken unless the medial pratitioner in immediate harge of the person s ase has been notified of the proposal to take the speimen or to make the requirement; and has not objeted on the ground speified in subsetion (2). AT 23 of 1985 Page 17

18 Setion 7 Road Traffi At 1985 (2) The ground on whih the medial pratitioner may objet is, in a ase falling within subsetion (1), that the requirement or the provision of the speimen or (if one is required) the warning required by setion 6(7) or setion 7DA(5) would be prejudiial to the proper are and treatment of the patient. 26 7B Detention of persons affeted by alohol or a drug [P1988/52/10] (1) Subjet to subsetions (2) and (3), a person required to provide a speimen of breath, blood or urine may afterwards be detained at a polie station until it appears to the onstable that, were that person then driving or attempting to drive a mehanially propelled vehile on a road, he would not be ommitting an offene under setion 5 or 5A. (2) A person shall not be detained in pursuane of this setion if it appears to a onstable that there is no likelihood of his driving or attempting to drive a mehanially propelled vehile whilst his ability to drive properly is impaired or whilst the proportion of alohol in his breath, blood or urine exeeds the presribed limit. (3) A onstable must onsult a medial pratitioner on any question arising under this setion whether a person s ability to drive properly is or might be impaired through drugs and must at on the medial pratitioner s advie. 27 7C Use of speimens in proeedings for an offene under setion 3A, 5 or 5A [P1988/53/15] (1) This setion and setion 7D apply in respet of proeedings for an offene under setion 3A, 5 or 5A. (2) Evidene of the proportion of alohol or any drug in a speimen of breath, blood or urine provided by or taken from the aused shall, in all ases (inluding ases where the speimen was not provided or taken in onnetion with the alleged offene), be taken into aount and, subjet to subsetion (3), it shall be assumed that the proportion of alohol in the aused s breath, blood or urine at the time of the alleged offene was not less than in the speimen. 28 (3) That assumption shall not be made if the aused proves that he onsumed alohol before he provided the speimen or before the speimen was taken and (i) in relation to an offene under setion 3A, after the time of the alleged offene, and Page 18 AT 23 of 1985

19 Road Traffi At 1985 Setion 7 (ii) otherwise, after he had eased to drive, attempt to drive or be in harge of a vehile on a road or other publi plae, and 29 that had he not done so the proportion of alohol in his breath, blood or urine would not have exeeded the presribed limit and, if it is alleged that he was unfit to drive through drink, would not have been suh as to impair his ability to drive properly. (4) A speimen of blood shall be disregarded unless it was taken with the onsent of the aused and either (i) (ii) in a polie station by a medial pratitioner or a registered health are professional; or elsewhere by a medial pratitioner; or it was taken from the aused by a medial pratitioner under setion 7DA and the aused subsequently gave permission for a laboratory test of the speimen. 30 (5) Where, at the time a speimen of blood or urine was provided by the aused, he asked to be provided with suh a speimen, evidene of the proportion of alohol or any drug found in the speimen is not admissible on behalf of the proseution unless the speimen in whih the alohol or drug was found is one of two parts into whih the speimen provided by the aused was divided at the time it was provided, and the other part was supplied to the aused. (6) Where a speimen of blood was taken from the aused under setion 7DA, evidene of the proportion of alohol or any drug found in the speimen is not admissible on behalf of the proseution unless the speimen in whih the alohol or drug was found is one of two parts into whih the speimen taken from the aused was divided at the time it was taken; and any request to be supplied with the other part whih was made by the aused at the time when the aused gave permission for a laboratory test of the speimen was omplied with. 31 7D Doumentary evidene as to speimens in suh proeedings [P1988/53/16; P1996/25/1/37] (1) Evidene of the proportion of alohol or a drug in a speimen of breath, blood or urine may, subjet to subsetions (3) and (4) and to setion 7C(5) and (6), 32 be given by the prodution of a doument or douments purporting to be whihever of the following is appropriate, that is to say 33 AT 23 of 1985 Page 19

20 Setion 7 Road Traffi At 1985 a statement automatially produed by the devie by whih the proportion of alohol in a speimen of breath was measured and a ertifiate signed by a onstable (whih may but need not be ontained in the same doument as the statement) that the statement relates to a speimen provided by the aused at the date and time shown in the statement, and a ertifiate signed by an authorised analyst as to the proportion of alohol or any drug found in a speimen of blood or urine identified in the ertifiate. (2) Subjet to subsetions (3) and (4), evidene that a speimen of blood was taken from the aused with his onsent by a medial pratitioner or a registered health are professional may be given by the prodution of a doument purporting to ertify that fat and to be signed by a medial pratitioner or a registered health are professional. 34 (3) Subjet to subsetion (4) a doument purporting to be suh a statement or suh a ertifiate (or both suh a statement and suh a ertifiate) as is mentioned in subsetion (1) is admissible in evidene on behalf of the proseution in pursuane of this setion only if a opy of it either has been handed to the aused when the doument was produed or has been served on him not later than 7 days before the hearing, and any other doument is so admissible only if a opy of it has been served on the aused not later than 7 days before the hearing. (4) A doument purporting to be a ertifiate (or so muh of a doument as purports to be a ertifiate) is not so admissible if the aused, not later than 3 days before the hearing or within suh further time as the ourt may in speial irumstanes allow, has served notie on the proseutor requiring the attendane at the hearing of the person by whom the doument purports to be signed. (5) A opy of a ertifiate required by this setion to be served on the aused or a notie required by this setion to be served on the proseutor may be served personally or sent by registered post or reorded delivery servie. (6) In this setion authorised analyst means any person possessing the qualifiations presribed by regulations under setion 22(2) of the Food At 1996 as qualifying persons for appointment as a publi analyst, and any other person authorised by the Department of Home Affairs to make analyses for the purposes of this setion. 35 Page 20 AT 23 of 1985

21 Road Traffi At 1985 Setion 7 7DA Speimens of blood taken from persons inapable of onsenting (1) A onstable may make a request to a medial pratitioner for the pratitioner to take a speimen of blood from a person ( A ) irrespetive of whether A onsents if () (d) A is a person from whom the onstable would (in the absene of any inapaity of A and of any objetion under setion 7A) be entitled under setion 6 to require the provision of a speimen of blood for a laboratory test; it appears to that onstable that A has been involved in an aident that onstitutes or is omprised in the matter that is under investigation or the irumstanes of that matter; it appears to that onstable that A is or may be inapable (whether or not A has purported to do so) of giving a valid onsent to the taking of a speimen of blood; and it appears to that onstable that that A s inapaity is attributable to medial reasons. (2) A request under this setion shall not be made to a medial pratitioner who for the time being has any responsibility (apart from the request) for the linial are of A; and shall not be made to a medial pratitioner other than a polie medial pratitioner unless (i) (ii) it is not reasonably pratiable for the request to be made to a polie medial pratitioner; or it is not reasonably pratiable for suh a medial pratitioner (assuming the pratitioner to be willing to do so) to take the speimen. (3) It shall be lawful for a medial pratitioner to whom a request is made under this setion, if the pratitioner thinks fit to take a speimen of blood from A irrespetive of whether A onsents; and to provide the sample to a onstable. (4) If a speimen is taken in pursuane of a request under this setion, the speimen shall not be subjeted to a laboratory test unless A () has been informed that it was taken; and has been required by a onstable to give permission for a laboratory test of the speimen; and has given permission. (5) A onstable must, on requiring a person to give permission for the purposes of this setion for a laboratory test of a speimen, warn that AT 23 of 1985 Page 21

22 Setion 7 Road Traffi At 1985 person that a failure to give the permission may render the person liable to proseution. (6) A person who, without reasonable exuse, fails to permit a laboratory test of a speimen of blood taken from that person under this setion is guilty of an offene. (7) In this setion polie medial pratitioner means a medial pratitioner who is engaged under any agreement to provide medial servies for purposes onneted with the ativities of the polie fore. 36 7E Interpretation of setion 3A and 5 to 7D [P1988/52/11] (1) The following provisions apply for the interpretation of setions 3A and 5 to 7D. (2) In those setions breath test has the meaning given by setion 5B(8); drug inludes any intoxiant other than alohol; fail inludes refuse; hospital means an institution whih provides medial or surgial treatment for in-patients or out-patients, the presribed limit means, as the ase may require () 35 mirogrammes of alohol in 100 millilitres of breath, 80 milligrammes of alohol in 100 millilitres of blood, or 107 milligrammes of alohol in 100 millilitres of urine. registered health are professional means a person (other than a medial pratitioner) who is a registered nurse; or a registered member of a health are profession whih is designated for the purposes of this paragraph by an order made by the Department. 37 (2A) An order under subsetion (2) shall be laid before Tynwald. 38 (3) A person does not provide a speimen of breath for a breath test or for analysis unless the speimen is suffiient to enable the test or the analysis to be arried out, and is provided in suh a way as to enable the objetive of the test or analysis to be satisfatorily ahieved. (4) A person provides a speimen of blood if and only if that person onsents to the taking of suh a speimen; and Page 22 AT 23 of 1985

23 Road Traffi At 1985 Setion 8 the speimen is taken by a medial pratitioner or, if it is taken in a polie station, either by a medial pratitioner or by a registered health are professional. 39 (5) The Department may by order vary any of the proportions of alohol in breath, blood or urine speified in setion 7(2), the definition of presribed limit in subsetion (2); () paragraph 11(3A) of Shedule Motor raing on highways [P1972/20/14] (1) Subjet to subsetion (2), a person who promotes or takes part in a rae or trial of speed between motor vehiles on a publi highway shall be guilty of an offene. (2) This setion shall not apply in the ase of a rae or trial of speed on publi highways whih are losed and the right of way thereover suspended by or under any enatment Regulation of motoring events on publi highways 42 [P1972/20/15] (1) A person who promotes or takes part in a ompetition or trial (other than a rae or trial of speed) involving the use of motor vehiles on a publi highway shall be guilty of an offene unless the ompetition or trial falls within subsetion (2), or is authorised and is onduted in aordane with any onditions imposed by or under regulations under this setion. (2) Subsetion (1) shall not apply to () a ompetition in whih no merit is attahed to ompleting the ompetition with the lowest mileage and in whih, as respets suh part of the ompetition as is held on a publi highway, there are no performane tests and ompetitors are not timed exept that they may be required to finish by a speified time; a ompetition in whih, as respets suh part thereof as is held on a publi highway, merit attahes to a ompetitor s performane only in relation to good road behaviour and ompliane with the Highway Code; or a ompetition in whih all the ompetitors are members of the armed fores of the Crown and whih is designated solely for the purposes of their servie training. (3) For the purpose of subsetion (2) AT 23 of 1985 Page 23

24 Setion 10 Road Traffi At 1985 a ompetitor is required to do something if the rules of the ompetition inlude a requirement of or an instrution to him, ompliane with whih arries merit or non-ompliane with whih arries de-merit, in the ompetition; and route means a route whih rules of the ompetition require, or are likely to ause, the ompetitors to travel. (4) The Department may by regulations authorise, or provide for authorising, the holding of suh ompetitions and trials subjet to suh onditions, inluding onditions requiring the payment of fees, as may be imposed by or under the regulations. 43 (5) Regulations may presribe the proedure to be followed, and the partiulars to be given, in onnetion with appliations for authorisation under the regulations. 10 Restrition on arriage of persons on motor yles [P1972/20/16] It shall not be lawful for more than one person in addition to the driver to be arried on any two-wheeled motor yle, nor shall it be lawful for any suh one person to be so arried otherwise than sitting astride the yle and on a proper seat seurely fixed to the yle behind the driver s seat, and if a person is arried on a yle in ontravention of this setion the driver of the yle shall be guilty of an offene. Offenes onneted with riding of pedal yles 11 Dangerous yling [P1988/52/28; P1991/40/7] (1) A person who rides a yle, not being a mehanially propelled vehile, on a road dangerously is guilty of an offene. (2) For the purposes of subsetion (1) a person is to be regarded as riding dangerously if (and only if) the way he drives falls far below what would be expeted of a ompetent and areful ylist, and it would be obvious to a ompetent and areful ylist that riding in that way would be dangerous. (3) In subsetion (2) dangerous refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsetions what would be expeted of, or obvious to, a ompetent and areful ylist in a partiular ase, regard shall be had not only to the irumstanes of whih he ould be expeted to be aware but also to irumstanes shown to have been within the knowledge of the aused. 44 Page 24 AT 23 of 1985

25 Road Traffi At 1985 Setion Careless and inonsiderate yling [P1972/20/18] If a person rides a yle, not being a mehanially propelled vehile, on a road without due are and attention, or without reasonable onsideration for other persons using the road, he shall be guilty of an offene Cyling when under influene of drink or drugs [P1972/20/19] (1) A person who when riding a yle, not being a mehanially propelled vehile, on a road or other publi plae, is unfit to ride through drink or drugs shall be guilty of an offene. 46 (2) A onstable may arrest without warrant any person who within his view ommits, or whom he suspets on reasonable grounds to have ommitted, an offene under this setion. (3) In this setion unfit to ride through drink or drugs means, as regards a person riding a yle, under the influene of drink or a drug to suh an extent as to be inapable of having proper ontrol of it. 14 Regulation of yle raing on highways [P1972/20/20] (1) A person who promotes or takes part in a rae or trial of speed on a publi highway between yles, not being motor vehiles, shall be guilty of an offene, unless the rae or trial is authorised, and is onduted in aordane with any onditions imposed, by or under regulations under this setion. (2) The Department may by regulations authorise, or provide for authorising, for the purposes of subsetion (1), the holding on a publi highway of raes or trials of speed of any lass or desription or a partiular rae or trial of speed, in suh ases as may be presribed and subjet to suh onditions as may be imposed by or under the regulations. 47 (3) Regulations under this setion may presribe the proedure to be followed, and the partiulars to be given, in onnetion with appliations for authorisation under the regulations. (4) Without prejudie to any other powers exerisable in that behalf, the Chief Constable may give suh diretions with respet to the movement of, or the route to be followed by, vehiular traffi, during suh period, as may be neessary or expedient to prevent or mitigate ongestion or obstrution of traffi, or danger to or from traffi, in onsequene of the holding of a rae or trial of speed authorised by or under regulations under this setion, inluding a diretion that any road or part of a road AT 23 of 1985 Page 25

26 Setion 15 Road Traffi At 1985 speified in the diretion shall be losed during any suh period to vehiles or to vehiles of a lass so speified. (5) This setion shall not apply to the ase of a rae or trial of speed on publi highways whih are losed and the right of way thereover suspended by or under any enatment Restrition on arriage of persons on biyles [P1972/20/21] (1) It shall not be lawful for more than one person to be arried on a road on a biyle not propelled by mehanial power unless it is onstruted or adapted for the arriage of more than one person; and if a person is arried on a biyle in ontravention of this setion, eah of the persons arried shall be guilty of an offene. 49 (2) In this setion referenes to a person arried on a biyle inlude referenes to a person riding the biyle. Offenes onneted with traffi generally 16 Drivers to omply with traffi diretions [P1972/20/22] (1) Where a onstable in uniform is for the time being engaged in the regulation of traffi in a road, or where a traffi sign, being a sign of a size, olour and type presribed by regulations made by the Department, or of another harater authorised by the Department, under setion 15 of the Road Traffi Regulation At 1985 has been lawfully plaed on or near a road, a person driving or propelling a vehile who neglets or refuses to stop the vehile or to make it proeed in, or keep to, a partiular line of traffi when direted so to do by the onstable in the exeution of his duty; or fails to omply with the indiation given by the sign, shall be guilty of an offene. 50 (2) A traffi sign shall not be treated for the purposes of this setion as having been lawfully plaed unless either the indiation given by the sign is an indiation of a statutory prohibition, restrition or requirement; or it is expressly provided by or under any provision of this At or of the Road Traffi Regulation At 1985 that this setion shall apply to the sign or to signs of a type of whih the sign is one; and where the indiation mentioned in paragraph of this subsetion is of the general nature only of the prohibition, restrition or requirement to whih the sign relates, a person shall not be onvited of failure to Page 26 AT 23 of 1985

27 Road Traffi At 1985 Setion 17 omply with the indiation unless he has failed to omply with the said prohibition, restrition or requirement. (3) For the purposes of this setion a traffi sign plaed on or near a road shall be deemed to be of a size, olour and type presribed, or of a harater authorised, as mentioned in subsetion (1) and (subjet to subsetion (2)) to have been lawfully so plaed, unless the ontrary is proved. 17 Pedestrians, et to omply with diretions to stop given by onstables regulating vehiular traffi [P1972/20/23] Where a onstable in uniform is for the time being engaged in the regulation of vehiular traffi in a road, a person on foot, and a person driving, riding or leading an animal, who proeeds aross or along the arriageway in ontravention of a diretion to stop given by the onstable, in the exeution of his duty, either to persons on foot or to persons on foot and other traffi, shall be guilty of an offene. 18 Speial provisions as to stationary motor vehiles or trailers (1) If a person in harge of a motor vehile or trailer allows the motor vehile or trailer (exept through aidental auses) to rest on any road on the right-hand or off-side of the road with the front of the motor vehile faing on-oming traffi during the hours of darkness, and () [Repealed] 51 he shall be guilty of an offene. (1A), (1B) and (2) [Repealed] 52 (3) This setion and setion 18A shall not apply to an ambulane, fire brigade vehile or polie vehile during suh time as the vehile is in atual use for any emergeny purpose, or to a motor vehile or trailer during suh time as it is in atual use by any oastguard servie provided by the Department for the purposes of giving aid to persons in danger or vessels in distress on or near the oast or to a motor vehile or trailer during suh time as it is in atual use for ivil defene or bomb disposal purposes A Parking near juntions (1) If a person in harge of a motor vehile or trailer allows the motor vehile or trailer (exept through aidental auses) to rest on any road within 7 metres of the juntion of suh road with another road (measured, in the ase of a road having a footway or verge, from the line of the kerb or AT 23 of 1985 Page 27

28 Setion 19 Road Traffi At 1985 edge thereof produed aross the juntion), he shall be guilty of an offene. (2) The Department may by order provide that subsetion (1) shall not apply to any length of road, or any juntion, speified in the order; and Shedule 2 to the Road Traffi Regulation At 1985 applies to an order under this subsetion as it applies to an order under setion 1 of that At Leaving vehiles in dangerous positions [P1972/20/24] If a person in harge of a vehile or a trailer auses or permits the vehile or trailer to remain at rest on a road in suh a position or in suh ondition or in suh irumstanes as to involve a danger of injury to other persons using the road, he shall be guilty of an offene. 55 Aidents 20 Duties on ourrene of an aident aused by presene of a motor vehile [P1974/50/24; P1972/20/25 and 166; NI1970/2/151] (1) If in any ase, owing to the presene of a motor vehile on a road or other publi plae, an aident ours whereby () any personal injury is aused to a person other than the driver of that vehile; or injury is aused to any animal other than an animal in or on that vehile; or damage is aused to a vehile other than that motor vehile or to any other property on, onstruted on, fixed to, growing in or otherwise forming part of the land on whih the road or plae in question is situated or land adjaent thereto; 56 the driver of the vehile (i) (ii) (iii) shall stop; shall give to any person who on reasonable grounds requires him so to do, his name and address, the name and address of the owner of the vehile and the identifiation mark of the vehile; and shall, in the irumstanes of paragraph, produe to any suh person (exept where the vehile is an invalid arriage) suh a ertifiate of insurane or seurity, or other evidene, as is mentioned in setion 43(1). 57 (2) If, for any reason, the driver of the vehile does not give the partiulars mentioned in subsetion (1)(ii) or (whether or not those partiulars are Page 28 AT 23 of 1985

29 Road Traffi At 1985 Setion 21 given) the aident has diretly or indiretly resulted in personal injury to any other person, he shall report the aident and give those partiulars at a polie station or to a onstable as soon as possible and in any ase within 24 hours of the ourrene of the aident and, exept where the vehile is an invalid arriage, produe suh a ertifiate of insurane or seurity, or other evidene, as is mentioned in setion 43(1). (3) Subjet to subsetion (4), a person who knowingly ontravenes any of the provisions of subsetions (1) and (2) shall be guilty of an offene. (4) A person shall not be onvited of an offene under subsetion (3) by reason only of failure to produe a ertifiate or other evidene if, within 5 days after the ourrene of the aident, the ertifiate or other evidene is produed at suh polie station as may be speified by him at the time when the aident was reported. (5) In this setion animal means any horse, attle, ass, mule, sheep, pig, goat or dog; motor vehile inludes a trailer drawn thereby; personal injury inludes injury resulting in death. 21 General provisions as to aident inquiries [P1972/20/26] (1) Where an aident arises out of the presene of a motor vehile on a road, the Department may diret an inquiry to be made into the ause of the aident. 58 (2) Where any suh aident has ourred, if a justie of the peae is satisfied on information in writing that there is reasonable ause he may issue a warrant in writing authorising an authorised person to enter premises at a reasonable time within 14 days of the issue of the warrant and then a person authorised by the Department in that behalf may, on prodution if so required of the warrant, inspet any vehile in onnetion with whih the aident arose, and for that purpose may enter at any reasonable time any premises where the vehile is; and if a person obstruts a person so authorised in the performane of his duty under this subsetion, he shall be guilty of an offene. 59 (3) If in any ase the Department onsiders that an inquiry to be made by it under this setion should be made by means of the holding of a publi inquiry, it may diret a publi inquiry to be held. 60 (4) A report made by or to the Department as the result of an inquiry under this setion shall not be used in evidene by or on behalf of a person by or against whom any legal proeedings are instituted in onsequene of the aident to whih the inquiry relates. 61 AT 23 of 1985 Page 29