Explanatory Memorandum

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1 IN THE KEYS ROAD TRAFFIC LEGISLATION (AMENDMENT) BILL 2016 Explanatory Memorandum 1. This Bill, whih is promoted by the Department of Infrastruture ("the Department"), makes a series of amendments to the Road Traffi At 1985, the Road Traffi Regulation At 1985 and the Loal Government (Misellaneous Provisions) At Part 1 (lauses 1 and 2) gives the Bill its short title and provides for it to ome into operation on one or more days appointed by the Department by order. 3. Part 2 (as introdued by lause 3) makes amendments to the Road Traffi At Clause 4 extends to the driving of animal-drawn vehiles a series of offenes that apply at present only to the driving of mehanially propelled vehiles. 4. Consequent upon lause 6, lause 5 amends setion 3A. 5. Clause 6 inserts a new setion 5AA making it an offene to drive or be in harge of a mehanially propelled or animal-drawn vehile with a onentration of a speified ontrolled drug above a speified limit, the drugs and limits being speified in subsetion (8). 6. Clause 7 substitutes "preliminary breath test" for "breath test" in setion 5B, being a more aurate desription of the test to whih the setion relates. The lause onludes by extending subsetion (2) to serious driving offenes as defined in lause Clause 8 inserts a new setion 5BA, whih provides for the administering of a preliminary drug test by a onstable in speified irumstanes. The nature of the test is set out in subsetion (8). 8. Clause 9 amends setion 6 by extending the loations where a requirement to provide a speimen of breath may be made by a onstable in the ourse of investigating whether a speified offene is ommitted, being an offene whih now inludes that under new setion 5AA. The lause ontinues by empowering a onstable to arrest without warrant a suspeted offender who fails to provide a speimen of breath, blood or urine when required to do so. 9. Clause 10 repeals what is presently setion 7(2) on the ground that devies now used to analyse speimens of breath provide exeedingly aurate readings. 10. Clause 11 extends setion 7B to an offene under new setion 5AA and makes a onsequential substitution of subsetion (2). 11. Clause 12 substitutes a new setion 7C, whih now extends to proeedings for an offene under new setion 5AA.

2 Explanatory Memorandum Road Traffi Legislation (Amendment) Bill Besides, inter alia, defining other expressions used in the preeding provisions, lause 13 substitutes a new definition of "the presribed limit", being the proportion of alohol in a driver's breath, blood or urine beyond whih an offene under setion 3A or 5A is ommitted. At present the proportion is respetively 35 mirograms, 80 milligrams, or 107 milligrams of alohol in 100 millilitres of breath, blood or urine, being now redued to 22, 50, and Clause 14 substitutes a new setion 20, whih is extended to vehiles that are not mehanially propelled and to ridden animals. Subsetion (2) provides that where an aident speified in subsetion (1) ours, the driver or rider must not only stop the vehile but also keep it stationary nearby for as long as is reasonably neessary to omply with the provision of information under subsetion (3). 14. Clause 15 substitutes a new setion 24, whih extends from motor yles to vehiles generally the Department's power to make regulations about the wearing or sale of protetive helmets. Vehiles whih may beome the subjet of regulations inlude motoryle sidears and quadriyles, whih at present fall outside the sope of the setion. 15. Clause 16 repeals the exemption from wearing seat belts presently onferred on taxi drivers. 16. Clause 17 extends the offene under setion 25A to interfering with an animaldrawn vehile. 17. Clause 18 extends to the parking of motor vehiles the offene under setion 28, whih presently applies to the driving of them off roads, et. 18. Clause 19 substitutes a new setion 29, whih authorises the Department or a loal authority to use its vehiles or applianes on bridle-paths, yle-paths or yle traks in addition, as at present, to their use on footpaths or footways. The setion is extended to statutory undertakers. 19. Clause 20 substitutes a new setion 30 extending the prohibition on driving on footways to riding on them, but the Department is now empowered by order to exempt presribed vehiles from that prohibition, et. 20. Clause 21 inserts a new setion 31A, whih provides for the drawing up and publiation of a ode of pratie for horse-drawn vehiles. It will have the same purposes as the Manx Highway Code and be a ompanion to it. 21. Clause 22 substitutes 3 new setions. Setion 42 extends from onstables to authorised examiners of the Department the power in speified irumstanes to require the prodution of a driving liene. Those irumstanes are extended to events taking plae on publi plaes besides roads. Setion 43 is likewise extended but no longer exempts drivers of invalid arriages from the requirement to provide their names and addresses in speified irumstanes. Setion 44, whih makes a like requirement applying to persons generally, is extended from 2 restrited offenes to serious driving offenes (as defined in lause 33) and to irumstanes in whih a onstable reasonably suspets that suh an offene has been ommitted. A onstable's power of arrest without Page ii V01

3 Road Traffi Legislation (Amendment) Bill 2016 Explanatory Memorandum warrant is extended to irumstanes in whih he or she has reasonable grounds for believing that a person's stated name or address is false or that the stated address is not a satisfatory address for the servie of a summons. 22. Clause 23 substitutes a new setion 46. It makes no substantive hange, being redrafted in onsequene of expressions now ontained in lause Clause 24 inserts a new setion 47AB, whih makes provision for the enforement of speified or presribed fines and vehile duty provision that is in line with existing setions 47A and 47B. A onstable or a person appointed by the Department or by a ourt is empowered to seize and remove a motor vehile if he or she has reasonable grounds for believing that its owner owes a relevant fine or that a relevant fine is owed in respet of the vehile, being a fine the payment of whih has been outstanding for at least 35 days. A person appointed by the Department is given like power when he or she omes upon a motor vehile on a road and has reasonable grounds for believing that a urrent vehile liene has not been displayed on the vehile for over a month. A motor vehile may not be released until the fees, harges or osts inurred in its seizure and retention have been paid together with the relevant fine or vehile duty, as the ase may be. If no suh payment is made in full within 35 days, the vehile may be disposed of and the proeeds used to meet the payment. Setion 47B is applied with modifiations, giving the Department power to make further provision by regulations as to the removal, retention or storage of seized vehiles and for their release, forfeiture or disposal. 24. Clause 25 substitutes a new setion 47B(3) plaing a bar, exept with the leave of the ourt, on ivil laims arising in onnetion with the seizure, et of vehiles. Consequent upon new setions 5AA and 47AB, lause 26 substitutes a new setion 47C while lause 27 amends the interpretive provisions of setion 47D. 25. Clause 28 extends setion 48 to the forgery of a Professional Driver's Card (to whih lause 34 in part relates). 26. Clause 29 substitutes a new setion 47(4), whih makes no substantive hange, together with a new setion 47(5) as respets a Professional Driver's Card. 27. Clause 30 substitutes a new setion 50 in order to reflet the interpretive provisions of lause 33. No substantive hange is made. 28. Clause 31 inserts a new setion 53A, whih provides for driving disqualifiation where a vehile is used for the purposes of rime. 29. Clause 32 substitutes a new setion 68(1), whih is extended to enabling the Department to speify by regulations mehanially propelled vehiles that are not motor vehiles for the purposes of the At. 30. Clause 33 substitutes a new setion 72 defining general interpretive expressions. A definition of "authorised insurer" is inserted, requiring now that suh a person must provide relevant information to the Motor Insurer's Database, whih the Department and the polie propose to use in onnetion with the detetion of rime. Otherwise ertain new definitions are inserted that arise in onjuntion with amendments made elsewhere by this Bill. V01 Page iii

4 Explanatory Memorandum Road Traffi Legislation (Amendment) Bill Clause 34 inserts 3 new setions. Setion 73A enables the Department to make safety regulations under the Consumer Protetion At 1991 with respet to road traffi, road transport or related matters. Setion 73B provides for the regulation of persons who drive vehiles of presribed lasses for professional purposes. Setion 73C provides that where a body orporate is onvited of ontravening onstrution and use regulations, its diretors et. are in ertain speified irumstanes guilty of the same offene and liable personally to the penalty presribed for it. 32. Clause 35 substitutes a new setion 74(3), whih extends Tynwald approval to orders made under setion 47AB and otherwise omits referenes to provisions that are either repealed by this Bill or onfer no power to make orders. 33. Clause 36 amends Shedule 2 in various ways. Regulations under paragraph 1(i) are empowered to provide that the testing and inspetion of a vehile may inlude its being driven or drawn and may take plae on the premises where it is situated, but without the onsent of the owner of the premises if it is reasonably suspeted that the vehile was involved in an aident. Paragraph 1 is further amended by enabling regulations to make provision as to the onstrution and equipment of vehiles for use, and the onditions under whih they may be used, by disabled persons. Intentional obstrution of a person authorised to test or inspet a vehile under the regulations is made an offene. Provisions of the ADR (as defined) that are applied by regulations but are subsequently amended or replaed in later editions of the ADR are to apply automatially in the Island with substantially the same modifiations, if any, that were made to the original provisions by the regulations. Finally, the power in paragraph 6I to prohibit the driving of unfit vehiles is extended to those tested, inspeted or examined under the Road Transport At Clause 37 extensively amends Parts I and II of Shedule 3. As far as Part I is onerned, regulations under paragraph 2 are empowered to provide that a motorylist taking a driving test must wear presribed lothing. Paragraph 4, whih is substituted, makes ertain substantive hanges. A delaration aompanying an appliation for a driving liene must now state, in a ase where an appliant is not suffering from a relevant disability, whether he or she is suffering from a prospetive relevant disability (as defined). Provision is inserted requiring the Department to inlude in a liene the driving onditions to whih the holder is subjet in a ase where the Department is satisfied that the person in question is suffering from a disability presenting a danger to the publi if the onditions are not omplied with. If the Department is satisfied that a person is suffering from a prospetive relevant disability, it may grant a liene for a period determined in aordane with paragraph 7(1). It is made an offene, firstly, to make a false delaration to obtain a liene; seondly, to drive a motor vehile ontrary to any limitation or ondition inluded in a liene; and finally, to fail to return forthwith a liene to the Department when required to do so under paragraph 4. New paragraphs 4A and 4B are inserted: the first requires that an appliation to renew a liene to drive large passenger or heavy goods vehiles or ombinations must be aompanied by a ertifiate Page iv V01

5 Road Traffi Legislation (Amendment) Bill 2016 Explanatory Memorandum from a medial pratitioner that the appliant is still fit to drive them; and the seond requires that an appliant for a liene who is aged 75 or over must have passed a presribed eyesight test. Paragraph 5 is amended to presribe the fees payable to medial pratitioners under the paragraph. It also requires suh persons to have regard to medial advie issued by the Driver and Vehile Liensing Ageny in Great Britain when exerising their funtions under it. Paragraph 6 is amended so that the presribed restritions to whih a provisional liene holder is subjet are extended to persons driving a vehile by virtue of a provisional entitlement onferred by a full liene. It is made an offene to ontravene any of the presribed restritions. Para 6 also empowers regulations to presribe the lothing to be worn by motorylists taking a ourse of ompulsory basi training. Provision is inserted in paragraph 6B to the effet that newly qualified drivers shall at an earlier date ease to be subjet to the presribed restritions applying to them if they pass a presribed ourse of driving instrution. Paragraph 9 is substituted, whih on the one hand provides now for the revoation of a liene if an eyesight test is failed and on the other inserts an offene of not returning a revoked liene forthwith to the Department when required to do so. 35. Part II of Shedule 3 is also amended. Paragraph 11(1A) and (3) is amended, and (3C) inserted, so as to ater for disqualifiation in onnetion with an offene under new setion 5AA(1) and (2). Provision is inserted in paragraph 12 reduing from 12 or over to 6 or over the number of penalty points leading to the disqualifiation of a provisional or newly qualified driver or to the revoation of his or her liene, as the ase may be. The effets of the disqualifiation or the revoation are speified. Paragraph 20(4), whih relates to the delivery of a liene to a ourt, is extended to persons proseuted for an offene involving disretionary disqualifiation. Paragraph 20(8) is substituted so as to speify the period during whih an endorsement on a liene remains effetive on onvition of ertain offenes involving drink or drugs. Paragraph 22 is now modified and enables the Department to amend the omplexity of Shedule 3 by regulations subjet to Tynwald approval. 36. Other amendments to Shedule 3 are made, being amendments of an anillary, onsequential or inidental nature. 37. Clause 38 makes drafting improvements to Shedule 4. No substantive hange is made. 38. Clause 39 enables the Department to make regulations as to the use of information obtained from the Motor Insurers' Database in furtherane of the detetion of rime. It repeals provisions now onsidered redundant, substitutes interpretive provisions, and makes transitional arrangements onsequent upon the definition of "authorised insurer" in lause Clause 40 amends the table in Part I of Shedule 6 relating to the proseution and punishment of offenders. New entries are inserted in onsequene of provisions elsewhere in the Bill, and others are amended on the ground that they are mistakenly worded or otherwise. The penalties for ertain offenes are V01 Page v

6 Explanatory Memorandum Road Traffi Legislation (Amendment) Bill 2016 inreased: ontravention of seat belt offenes will now arry a maximum penalty of 2,500 (presently 500), disretionary disqualifiation, obligatory endorsement, and 3 penalty points; the maximum fine for driving with defetive eyesight is inreased from 1,000 to 2,500; and onvition for driving while uninsured or unseured against third-party risks or while disqualified by order of a ourt now arries obligatory disqualifiation. 40. Consequent upon lause 6, lause 41 amends Part IV of Shedule Clause 42 makes a onsequential amendment of the Polie Powers and Proedures At Part 3 (as introdued by lause 43) makes amendments to the Road Traffi Regulation At Clause 44 amends setion 1, firstly by repealing a redundant provision, seondly by enabling traffi regulation orders to provide for the harging of fees, and finally by exempting vehiles being used by the emergeny servies from omplying with suh orders in emergenies unless the orders speifially provide otherwise. 43. Clause 45 amends setion 2 by transposing from the setion to orders made under it the presribing of affeted vehiles. 44. Clause 46 inserts a new setion 2B, the purpose of whih is primarily to regulate the entry into the Island, and the use in it, of overseas aravans, their entry being at present dependent on a gentleman's agreement with the Isle of Man Steam Paket Company. The setion enables orders subjet to Tynwald approval to be made prohibiting or restriting the use of vehiles on or off roads either throughout the Island or in presribed loalities. 45. Clause 47 repeals setion 3(7), whih limits, without the Counil of Ministers' approval, the period during whih temporary noties regulating traffi may ontinue in fore. 46. Clause 48 makes provision for alternative shool rossings where presribed loations annot be used for a temporary period. 47. Clause 49 substitutes new provision in setion 14 with respet, firstly, to moving vehiles in an emergeny from designated on-street parking plaes and, seondly, to ivil laims relating to the exerise of the Department's or the Chief Constable's funtions under the setion. 48. Clause 50 amends setion 14A, enabling overstay harges to be presribed. 49. Clause 51 amends setion 14C by making it an offene to leave a vehile in a suspended designated parking plae. 50. Clause 52 amends setion 17, enabling emergeny traffi signs to be plaed on roads in irumstanes that inlude the use of explosives at a quarry or in other presribed irumstanes. 51. Clause 53 inserts a new setion 19A, whih makes it an offene to defae traffi signs or other street furniture. On onvition a ourt may, in addition to imposing a penalty, order an offender to pay any ost inurred as a result of the Page vi V01

7 Road Traffi Legislation (Amendment) Bill 2016 Explanatory Memorandum defaement. If defaed property is owned or operated by a loal authority or a statutory undertaker, the Department may order it to make good the defaement or replae the property. 52. Clause 54 amends setion 22 by imposing an inreased maximum fine for speeding in a residential area, road works area, or shool zone. 53. Clause 55 substitutes a new setion 27 exempting affeted motor vehiles from speed limits. Suh vehiles are extended to those as may be presribed. Drivers of all affeted vehiles are required to have satisfatorily ompleted a ourse of training in the driving of vehiles at high speed. 54. Clause 56 amends setion 28 by enabling regulations to provide for the reognition of disabled persons' badges issued by a jurisdition outside the Island. The offene of failing to produe a badge for inspetion now applies on or off roads and is extended to a requirement made by a traffi warden or a parking ontroller as well as by a onstable. 55. Clause 57 inserts a new setion 28A making it an offene to misuse a disabled person's badge. 56. Clause 58 substitutes a new setion 33A, whih now enables the Department to appoint parking ontrollers to exerise the funtions of a onstable under Shedule 5A in relation to offenes speified by the Department by order. The Department is empowered to employ as parking ontrollers employees of an employer and to delegate its powers of appointment to loal authorities. 57. Clause 59 makes the same provision for the purposes of this At as setion 68 of the Road Traffi At 1985 makes for the purposes of that At. 58. Clause 60 supplements the interpretive provisions in setion In view of the omplexity of Shedules 5 and 5A lause 61 enables regulations to be made amending them subjet to Tynwald approval. 60. Clause 62 amends setion 39 by supplementing the regulations and orders that require Tynwald approval. 61. Clause 63 substitutes a new Shedule 1, whih alters the way in whih temporary noties are to be publiised and enables the Department to substitute other provision for it in regulations requiring Tynwald approval. 62. Clause 64 substitutes a new Shedule 2 that transposes to regulations requiring Tynwald approval the proedure to be followed when making orders to whih the Shedule applies. 63. Clause 65 presribes the maximum fines for new offenes inserted by the Bill and inreases from 1,000 to 3,000 the maximum fine for speeding. 64. Clause 66 amends Shedule 5A in onsequene of subsetion (31) of lause 37 and also speifies a small number of new fixed penalty offenes, the nature of whih is in keeping with those presently speified. 65. Clause 67 makes onsequential amendments to the Disabled Persons (Badges for Motor Vehiles) Regulations V01 Page vii

8 Explanatory Memorandum Road Traffi Legislation (Amendment) Bill Part 4 (as introdued by lause 68) makes amendments to the Loal Government (Misellaneous Provisions) At Clause 69 amends setion 2 in onsequene of the provision made by subsetion (1) and later in this Part. 68. Clause 70 inreases from 1,000 to 1,500 the maximum fine on onvition of the offene of failing to remove an illegally parked vehile when required by a onstable to do so. 69. Clause 71 inserts a new setion 3A enabling an appropriate authority (as defined) to remove a vehile from a road or publi plae in speified irumstanes if, having reeived a omplaint, it is satisfied that the vehile is in suh a negleted ondition that its presene makes it offensive to the publi. 70. Clause 72 amends setion 4 onsequent upon lause Clause 73 substitutes 4 new setions for setions 5 to 8. They make analogous provision to that ontained in lauses 24 and 25 and in setion 47B as amended by them. Interpretive provision is also made. 72. Clause 74 repeals Shedule 1, thereby enabling an appropriate authority to remove a parked vehile, or a onstable to require the moving of the vehile by the person in harge of it, if any statutory prohibition or restrition is being ontravened. 73. Part 5 (lause 75) repeals 2 Ats that are now redundant. 74. By and large the provisions of the Bill are ost-neutral, being either selffinaning through the reovery of osts or being administered by existing personnel as part of their ongoing responsibilities with no orresponding inrease in budgetary provision. There will, however be some additional osts in purhasing drug-testing devies, whereas the ongoing osts of publiising road traffi orders and noties will be markedly redued. 75. In the opinion of the member moving the Bill its provisions are ompatible with the Convention rights within the meaning of the Human Rights At Page viii V01

9 Road Traffi Legislation (Amendment) Bill 2016 Index ROAD TRAFFIC LEGISLATION (AMENDMENT) BILL 2016 Index Setion Page PART 1 INTRODUCTORY 13 1 Short title Commenement PART 2 AMENDMENTS TO THE ROAD TRAFFIC ACT Road Traffi At 1985 amended Setions 1, 1A, 2, 2B, 2C, 3, 3A, 5, 5A, 5B and 7B amended Setion 3A amended ausing death by areless driving when under influene of drink or drugs New setion 5AA - driving or being in harge of a mehanially propelled or animal-drawn vehile with onentration of speified ontrolled drug above speified limit Setion 5B amended - preliminary breath test New setion 5BA preliminary drug test Setion 6 amended provision of speimens for analysis Setion 7 amended hoie of speimens of breath Setion 7B amended detention of persons affeted by alohol or a drug Setion 7C amended - use of speimens in proeedings for an offene under setion 3A, 5, 5A or 5AA Setion 7E amended interpretation of setions 3A and 5 to 7D Setion 20 repealed and replaed duty of driver or rider of a vehile on ourrene of an aident Setion 24 repealed and replaed protetive helmets Setion 25 amended - seat belts Setion 25A amended - ausing danger to road-users Setion 28 amended driving motor vehiles elsewhere than on roads Setion 29 repealed and replaed vehiles and applianes on footpaths, et Setion 30 repealed and replaed - vehiles on footways and entral reservations New setion 31A the Code of Pratie for Horse-Drawn Vehiles V01 Page 9

10 Index Road Traffi Legislation (Amendment) Bill Setions 42 to 44 repealed and replaed prodution of lienes and information-seeking powers Setion 46 repealed and replaed owners of motor vehiles to give information to verify ompliane with requirement of ompulsory insurane or seurity New setion 47AB enforement of fines and vehile duty Setion 47B amended - Removal retention, disposal and release, et. of seized vehiles Setion 47C repealed and replaed offenes Setion 47D amended - interpretation of setions 47A to 47C Setion 48 amended forgery of douments, et Setion 49 amended false statements and withholding material information Setion 50 repealed and replaed issue of false douments New setion 53A - driving disqualifiation where vehile used for purposes of rime Setion 68 amended ertain vehiles not motor vehiles Setion 72 repealed and replaed - general interpretation provisions New setions 73A, 73B and 73C Setion 74 amended - power to make, and Tynwald ontrol over, regulations, orders, et Shedule 2 amended onstrution and use of vehiles and equipment Shedule 3 amended driving lienes Shedule 4 amended driving instrution Shedule 5 amended third-party liabilities, et Shedule 6 amended proseution and punishment of offenes Shedule 6 further amended proseution and punishment of offenes Consequential amendment - Polie Powers and Proedures At PART 3 AMENDMENTS TO THE ROAD TRAFFIC REGULATION ACT Road Traffi Regulation At 1985 amended Setion 1 amended - traffi regulation orders Setion 2 amended overnight and weekend waiting of ertain vehiles New setion 2B prohibition or restrition of use of vehiles on roads of ertain lasses Setion 3 amended temporary prohibition or restrition of traffi on roads New setion 9A temporary alternative shool rossings Setion 14 amended - designation of on-street parking plaes Setion 14A amended - harges at, and regulations of, on-street parking plaes Setion 14B amended offenes relating to designated parking plaes Setion 17 amended - emergeny traffi signs New setion 19A unlawful defaement of traffi signs and street furniture Page 10 V01

11 Road Traffi Legislation (Amendment) Bill 2016 Index 54 Setion 22 amended speed limits general Setion 27 repealed and replaed Setion 28 amended badges for display on motor vehiles used by disabled drivers New setion 28A - wrongful use of disabled person s badge Setion 33A repealed and replaed parking ontrollers New setion 35B - ertain vehiles not to be treated as motor vehiles Setion 38 amended interpretation New setion 38A power to amend Shedules 5 and 5A Setion 39 amended power to make orders and regulations Shedule 1 repealed and replaed temporary noties Shedule 2 repealed and replaed proedure for making ertain orders may be presribed Shedule 4 amended penalties Shedule 5A amended fixed penalties Consequential amendment - Disabled Persons (Badges for Motor Vehiles) Regulations PART 4 AMENDMENTS TO THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT Loal Government (Misellaneous Provisions) At 1984 amended Setion 2 amended power to remove vehiles Setion 3 amended - power of onstable to require removal of vehiles New setion 3A power to remove vehiles ausing offene Setion 4 amended - ustody of vehiles Setions 5, 6, 7, and 8 repealed and replaed disposal of vehiles, et Shedule 1 repealed PART 5 REPEALS Repeals V01 Page 11

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13 Road Traffi Legislation (Amendment) Bill 2016 Setion 1 ROAD TRAFFIC LEGISLATION (AMENDMENT) BILL 2016 A BILL to amend the Road Traffi At 1985, the Road Traffi Regulation At 1985 and the Loal Government (Misellaneous Provisions) At 1984 BE IT ENACTED by the Queen s Most Exellent Majesty, by and with the advie and onsent of the Counil and Keys in Tynwald assembled, and by the authority of the same, as follows: PART 1 INTRODUCTORY 1 Short title The short title of this At is the Road Traffi Legislation (Amendment) At Commenement (1) Exept for Part 1, this At omes into operation on a day or on days appointed by order of the Department of Infrastruture. (2) Different days may be appointed for different provisions and for different purposes. (3) An order under subsetion (1) may inlude neessary or expedient transitional or saving provisions. PART 2 AMENDMENTS TO THE ROAD TRAFFIC ACT Road Traffi At 1985 amended (1) This Part amends the Road Traffi At (2) Aordingly, a setion or Shedule referred to in this Part is a referene to a setion of, or a Shedule to, that At. V01 Page 13

14 Setion 4 Road Traffi Legislation (Amendment) Bill Setions 1, 1A, 2, 2B, 2C, 3, 3A, 5, 5A, 5B and 7B amended In setions 1, 1A, 2, 2B, 2C, 3, 3A, 5, 5A, 5B and 7B for mehanially propelled vehile, wherever ourring, substitute «mehanially propelled or animaldrawn vehile». 5 Setion 3A amended ausing death by areless driving when under influene of drink or drugs In setion 3A (1), after paragraph insert «(ba) he has in his body a speified ontrolled drug and the proportion of it in his blood or urine at that time exeeds the limit for that drug speified in the table set out in setion 5AA(8);». 6 New setion 5AA - driving or being in harge of a mehanially propelled or animal-drawn vehile with onentration of speified ontrolled drug above speified limit After setion 5A insert «5AA Driving or being in harge of a mehanially propelled or animal-drawn vehile with onentration of speified ontrolled drug above speified limit (1) This setion applies where a person ( driver ) drives or attempts to drive a mehanially propelled or animal-drawn vehile on a road or other publi plae; or is in harge of a mehanially propelled or animal-drawn vehile on a road or other publi plae, and there is in the driver s body a speified ontrolled drug. (2) The driver is guilty of an offene if the proportion of the drug in the driver s blood exeeds the limit speified in the table set out in subsetion (8) for that drug. (3) It is a defene for a driver harged with an offene under this setion to show that the speified ontrolled drug had been presribed or supplied to the driver for medial or dental purposes; the driver took the drug in aordane with any diretions given by the person by whom the drug was presribed or supplied, and with any aompanying instrutions (so far as onsistent with any suh diretions) given by the manufaturer or distributor of the drug; and Page 14 V01

15 Road Traffi Legislation (Amendment) Bill 2016 Setion 6 () the driver s possession of the drug immediately before taking it was not unlawful under setion 5(1) of the Misuse of Drugs At 1976 (restrition of possession of ontrolled drugs) beause of an exemption in regulations made under setion 7 of that At (authorisation of ativities otherwise unlawful under foregoing provisions). (4) The defene in subsetion (3) is not available if the driver s ations were ontrary to any advie, given by the person by whom the drug was presribed or supplied, about the amount of time that should elapse between taking the drug and driving a mehanially propelled or animal-drawn vehile, or ontrary to any aompanying instrutions about that matter (so far as onsistent with any suh advie) given by the manufaturer or distributor of the drug. (5) If evidene is addued that is suffiient to raise an issue with respet to the defene in subsetion (3), the ourt must assume that the defene is satisfied unless the proseution proves beyond reasonable doubt that it is not. (6) It is a defene for a driver harged with an offene by virtue of subsetion (1) to prove that at the time the driver is alleged to have ommitted the offene the irumstanes were suh that there was no likelihood of the driver driving the vehile whilst the proportion of the speified ontrolled drug in the driver s blood remained likely to exeed the limit speified in the table set out in subsetion (8) for that drug. (7) The ourt may, in determining whether there was suh a likelihood, disregard any injury to the driver and any damage to the vehile. (8) The following table speifies the ontrolled drugs for the purposes of this setion and, in eah ase, the limit in blood for the purposes of the offene under subsetion (2). Table Controlled drug Limit (mirograms per litre of blood) Benzoylegonine 50 Clonazepam 50 Coaine 10 Delta-9-Tetrahydroannabinol 2 Diazepam 550 V01 Page 15

16 Setion 7 Road Traffi Legislation (Amendment) Bill 2016 Flunitrazepam 300 Ketamine 20 Lorazepam 100 Lysergi Aid Diethylamide 1 Methadone 500 Methylamphetamine 10 Methylenedioxymethamphetamine 10 6-Monoaetylmorphine 5 Morphine 80 Oxazepam 300 Temazepam 1000 (9) The Department may, with the approval of Tynwald, make regulations amending the table in subsetion (8). (10) The regulations may set the limit in respet of a ontrolled drug as zero.». 7 Setion 5B amended - preliminary breath test (1) For the head note to setion 5B substitute «Preliminary breath test». (2) In setion 5B for breath test, wherever ourring, substitute «preliminary breath test». (3) In setion 5B(2) for a speified offene substitute «a serious driving offene». (4) Omit setion 5B(9). 8 New setion 5BA preliminary drug test After setion 5B insert «5BA Preliminary drug test (1) If any of subsetions (2) to (5) applies a onstable may require a person to undertake a preliminary drug test administered by that onstable or another onstable. (2) This subsetion applies if a onstable reasonably suspets that the person is driving, is attempting to drive or is in harge of a mehanially propelled or animal-drawn vehile on a road or other publi plae; and has a drug in his body or is under the influene of a drug. Page 16 V01

17 Road Traffi Legislation (Amendment) Bill 2016 Setion 8 (3) This subsetion applies if a onstable reasonably suspets that the person has been driving, attempting to drive or in harge of a mehanially propelled or animal-drawn vehile on a road or other publi plae while having a drug in his body or while unfit to drive beause of a drug; and still has a drug in his body or is still under the influene of a drug. (4) This subsetion applies if a onstable reasonably suspets that the person is or has been driving, attempting to drive or in harge of a mehanially propelled or animal-drawn vehile on a road or other publi plae; and has ommitted a serious driving offene while the vehile was in motion. (5) This subsetion applies if an aident ours owing to the presene of a mehanially propelled or animal-drawn vehile on a road or other publi plae; and a onstable reasonably believes that the person was driving, attempting to drive or in harge of the vehile at the time of the aident. (6) A person ommits an offene if without reasonable exuse he fails to undertake a preliminary drug test in pursuane of a requirement imposed under this setion. (7) A onstable may administer a preliminary drug test by virtue of any of subsetions (2) to (4) only if he is in uniform. (8) A preliminary drug test is a proedure by whih a speimen of sweat or saliva is obtained; and used for the purpose of obtaining, by means of a devie of a type approved by the Department of Home Affairs, an indiation whether the person to whom the test is administered has a drug in his body. (9) A preliminary drug test may be administered () at or near the plae where the requirement to o-operate with the test is imposed; if the onstable who imposes the requirement thinks it expedient, at a polie station speified by him; or at a hospital. (10) A onstable may arrest a person without warrant if V01 Page 17

18 Setion 9 Road Traffi Legislation (Amendment) Bill 2016 the person fails to undertake a preliminary drug test; and the onstable reasonably suspets that the person has a drug in his body or is under the influene of a drug. (11) A onstable may, for the purpose of requiring a person to undertake a preliminary drug test under subsetions (1) and (5) 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 (10), enter (if need be by fore) any plae where that person is or where the onstable, with reasonable ause, suspets him to be.». 9 Setion 6 amended provision of speimens for analysis (1) In setion 6(1) for setion 3A, 5 or 5A substitute «setion 3A, 5, 5A or 5AA». (2) For setion 6(2) substitute «(2) A requirement under this setion to provide speimens of breath may only be made (2A) () at a polie station; at a hospital: or at or near a plae where a preliminary breath test has been administered or would have been so administered but for the person's failure to o-operate with it. A onstable may not impose a requirement under subsetion (2)() unless the onstable is in uniform: or (3) For subsetion 6(3) substitute has imposed a requirement on the person onerned to ooperate with a preliminary breath test in irumstanes where setion 5B(1) applies.». «(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.». (4) After setion 6(7) insert «(8) A onstable may arrest a person without warrant if the person fails to provide a speimen when required to do so in pursuane of this setion; and Page 18 V01

19 Road Traffi Legislation (Amendment) Bill 2016 Setion 10 the onstable reasonably suspets that the person has alohol or a drug in his body or is under the influene of a drug.». 10 Setion 7 amended hoie of speimens of breath For subsetions 7(1) and (2) substitute «Of any two speimens of breath provided by a person in pursuane of setion 6 that with the lower proportion of alohol in the breath must be used and the other must be disregarded.». 11 Setion 7B amended detention of persons affeted by alohol or a drug (1) In subsetion (1) for setion 5 or 5A substitute «setion 5, 5A or 5AA» (2) For setion 7B(2) substitute «(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 or animal-drawn vehile whilst () the person's ability to drive properly is impaired; the proportion of alohol in the person's breath, blood or urine exeeds the presribed limit; or the proportion of the speified ontrolled drug in the person s blood exeeds the limit speified in the table set out in setion 5AA(8). for that drug.». 12 Setion 7C amended - use of speimens in proeedings for an offene under setion 3A, 5, 5A or 5AA (1) For the head note to setion 7C substitute «7C Use of speimens in proeedings for an offene under setion 3A, 5, 5A or 5AA (2) For subsetions (1), (2) and (3) substitute «(1) This setion and setion 7D apply in respet of proeedings for an offene under setion 3A, 5, 5A or 5AA. (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 V01 Page 19

20 Setion 13 Road Traffi Legislation (Amendment) Bill 2016 it is to be assumed, subjet to subsetion (3), 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; it is to be assumed, subjet to subsetion (3A), that the proportion of a drug in the aused's blood or urine at the time of the alleged offene was not less than in the speimen. (3) The assumption in subsetion (2) shall not be made if the aused proves (3A) that he onsumed alohol before he provided the speimen or before the speimen was taken and (i) (ii) in relation to an offene under setion 3A, after the time of the alleged offene, and 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 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. The assumption in subsetion (2) is not to be made if the aused proves that he took the drug before he provided the speimen or had the speimen taken from him and (i) (ii) in relation to an offene under setion 3A, after the time of the alleged offene, and 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 that had he not done so the proportion of the drug in his blood or urine (i) (ii) in the ase of a speified ontrolled drug, would not have exeeded the limit speified in the table set out in subsetion 5AA(8) for that drug, and if it is alleged that he was unfit to drive through drugs, would not have been suh as to impair his ability to drive properly.». 13 Setion 7E amended interpretation of setions 3A and 5 to 7D (1) For setion 7E(2) substitute Page 20 V01

21 Road Traffi Legislation (Amendment) Bill 2016 Setion 14 «(2) In those setions ontrolled drug has the meaning given to that expression by setion 2 of the Misuse of Drugs At 1976; drug inludes any intoxiant other than alohol; hospital means an institution that provides medial or surgial treatment for in-patients or out-patients; presribed limit means the proportion of alohol presribed in 100 millilitres of a person s breath, blood or urine but, if no proportion is presribed, it means the following proportion of alohol in 100 millilitres () of a person s breath 22 mirograms; of a person s blood 50 milligrams; or of a person s urine 67 milligrams; preliminary breath test has the meaning given to that expression by setion 5B(8); preliminary drug test has the meaning given to that expression by setion 5BA(8); registered health are professional means a person (other than a medial pratitioner) who is (2) Omit setion 7E(5). a registered nurse; or a registered member of a health are profession this is designated for the purposes of this paragraph by an order made by the Department; speified ontrolled drug means a ontrolled drug speified in the table set out in setion 5AA(8).». 14 Setion 20 repealed and replaed duty of driver or rider of a vehile on ourrene of an aident For setion 20 substitute «20 Duty of driver or rider of a vehile on ourrene of an aident (1) This setion applies where, owing to the presene of a vehile on a road or on any other publi plae, an aident ours in whih () a person other than the driver or rider of the vehile sustains a personal injury; an animal is injured or killed, not being an animal that was in, on or attahed to the vehile or that omprised it; or any relevant property other than the vehile is damaged. V01 Page 21

22 Setion 14 Road Traffi Legislation (Amendment) Bill 2016 (2) The driver or rider of the vehile must stop the vehile and keep it stationary at or near the plae where the aident ourred for as long as is reasonably neessary to omply with subsetion (3). (3) The driver or rider must () (4) If provide his name and address; provide the name and address of the owner of the vehile; and in the ase of a motor vehile, provide its identifiation mark and (other than in the ase of an invalid arriage) produe evidene of insurane or seurity for the vehile, to any person who has reasonable grounds for requiring them. for any reason the driver or rider fails or is unable to omply with a requirement under subsetion (3); or nobody requires the driver or rider to omply with that subsetion, the driver or rider must report the aident, provide the information and produe the evidene required by the subsetion at a polie station or to a onstable as soon as possible but in any ase within 24 hours of the ourrene of the aident. (5) Despite the fat that the driver or rider may have omplied with subsetion (3), if the aident has diretly or indiretly resulted in personal injury to another person, the driver or rider must report the aident; and provide the information and produe the evidene required by subsetion (3), at a polie station or to a onstable as soon as possible but in any ase within 24 hours of the ourrene of the aident. (6) Subjet to subsetion (7), a driver or rider is guilty of an offene if he fails to omply with subsetion (2), (4) or (5); or to omply without reasonable exuse with subsetion (3). (7) A driver or rider shall not be onvited of an offene under subsetion (6) for failing to omply with subsetion (4) or (5) by reason only of failure to produe evidene of insurane or seurity for the vehile if within 5 days after the ourrene of the aident the driver or rider produes the evidene at suh polie station as may be speified by him at the time when he reported the aident. (8) In this setion Page 22 V01

23 Road Traffi Legislation (Amendment) Bill 2016 Setion 15 animal, in respet of an animal that is injured or killed in an aident, means an ass or a horse, bovine animal, mule, sheep, pig, goat, dog or at; personal injury inludes injury resulting in death; relevant property means any other vehile or any other property on, onstruted on, fixed to, growing in or otherwise forming part of the land on whih the road or plae where the aident ourred is situated or land adjaent to that road or plae; rider, in respet of a vehile, does not inlude a passenger arried on a vehile; vehile inludes a ridden animal or a trailer drawn by a vehile.». 15 Setion 24 repealed and replaed protetive helmets For setion 24 substitute «24 Protetive helmets (1) The Department may make regulations that require a person driving or riding in or on a vehile of a speified lass or riding on an animal of a speified lass to wear a protetive helmet of a speified desription. (2) A person is guilty of an offene if he drives or rides in or on a vehile or rides on an animal in ontravention of regulations made under subsetion (1). (3) The Department may make regulations presribing, by referene to shape, onstrution or any other quality, types of helmet reommended as affording protetion to a person on or in a vehile or riding on an animal from injury in the event of an aident. (4) A person is guilty of an offene if he sells, or offers for sale, a helmet as a helmet for affording protetion as mentioned in subsetion (3) and the helmet is not of a type presribed under that subsetion. (5) However, a person shall not be onvited of an offene under subsetion (4) in respet of the sale or the offer for sale of a helmet if he proves that it was sold or offered for sale for export from the British Islands. (6) Shedule 1 has effet in respet of a ontravention of subsetion (4). (7) If the Department is satisfied that safety regulations under Part II of the Consumer Protetion At 1991 make appropriate provision for regulating the sale of helmets for use by persons in or on V01 Page 23

24 Setion 16 Road Traffi Legislation (Amendment) Bill 2016 vehiles or riding on animals, the Department may by order repeal any provision of this setion (exept subsetions (1) and (2)) and Shedule 1, and any relevant provision of Part I of Shedule 6, appearing to the Department to be superseded by the said Part II and those regulations. (8) In subsetion (1) speified means speified in the regulations. (9) A referene in this setion to sell or to offer for sale inludes to let on hire or to offer to let on hire. (10) In this setion and in Shedule 1 helmet inludes any headgear.». 16 Setion 25 amended - seat belts Setion 25(2)(iv) is repealed. 17 Setion 25A amended - ausing danger to road-users For setion 25A(1) substitute «interferes with a motor vehile, animal-drawn vehile, trailer or yle, or». 18 Setion 28 amended driving motor vehiles elsewhere than on roads For setion 28(1) substitute «(1) Exept as otherwise provided by this setion and setion 29, a person is guilty of an offene if without lawful authority he drives or parks a motor vehile on an area of ommon land, moorland or other land of whatsoever desription (not being land forming part of a road or land designated by an order of the Department under subsetion (4)); or on a road or part of a road that is a bridle-path, yle-path, yle trak or footpath.». 19 Setion 29 repealed and replaed vehiles and applianes on footpaths, et. For setion 29 substitute «29 Use by Department and others of vehiles and applianes on footpaths, et. (1) Despite setions 28(1) and 30(1) the Department; a loal authority; or Page 24 V01

25 Road Traffi Legislation (Amendment) Bill 2016 Setion 20 () a statutory undertaker, may use an appliane or a vehile, whether or not mehanially operated or propelled, on a footpath, footway, bridle-path, ylepath or yle trak, or on its verges, to lean, maintain or improve it or its verges or to plae, maintain or alter a struture or other work on or in it or on or in its verges. (2) The Department may make regulations presribing the onditions under whih the right onferred by subsetion (1) may be exerised. (3) The regulations may in partiular, in respet of an appliane or vehile to be used in aordane with subsetion (1), presribe () (d) (e) its onstrution; its maximum weight; the maximum weight to be borne by any of its wheels or axles; its maximum speed; and the hours during whih it may be used.». 20 Setion 30 repealed and replaed - vehiles on footways and entral reservations For setion 30 substitute «30 Vehiles prohibited on footways and entral reservations (1) Exept as provided by an order made under subsetion (5), a person who drives or rides a vehile on a footway is guilty of an offene if the person does so otherwise than to gain aess to or egress from land adjoining the footway. (2) Exept as provided by an order made under subsetion (5), a person is guilty of an offene if the person parks a vehile wholly or partly on a footway or on land situated between two arriageways of a road. (3) It is a defene for a person harged with an offene under subsetion (2) to show that the vehile was parked () in aordane with permission given by a onstable in uniform; to save a life, to extinguish a fire or to meet any other like emergeny; or in ompliane with the onditions speified in subsetion (4). (4) Those onditions are V01 Page 25

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