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

30 Setion 22 Road Traffi At 1985 Anillary provisions for preventing, or mitigating effets of, aidents 22 Penalisation of tampering with motor vehiles [P1972/20/29] If, while a motor vehile is on a road or on a parking plae provided by the Department, the Department of Soial Care, or a loal authority, a person otherwise than with lawful authority or reasonable ause gets on to the vehile or tampers with the brake or other part of its mehanism, he shall be guilty of an offene Penalisation of holding or getting on to a vehile in order to be towed or arried [P1972/20/30] (1) If a person otherwise than with lawful authority or reasonable ause takes or retains hold of, or gets on to, a motor vehile or trailer while in motion on a road, for the purpose of being arried, he shall be guilty of an offene. (2) If a person takes or retains hold of a motor vehile or trailer while in motion on a road for the purpose of being drawn he shall be guilty of an offene. 24 Protetive helmets for motor ylists [P1972/20/32 and 33] (1) The Department may make regulations requiring persons driving or riding (otherwise than in side-ars) on motor yles of any lass speified in the regulations, or riding on an animal of any lass so speified, to wear protetive helmets of suh desription as may be so speified. 63 (2) Any person who drives or rides on a motor yle or rides on an animal in ontravention of regulations under subsetion (1) shall be guilty of an offene. 64 (3) The Department may make regulations presribing (by referene to shape, onstrution or any other quality) types of helmet reommended as affording protetion to persons on or in motor yles or riding animals from injury in the event of aident. 65 (4) If a person sells, or offers for sale, a helmet as a helmet for affording protetion as aforesaid, and the helmet is neither of a type presribed under subsetion (3), [Repealed] 66 he shall, subjet to subsetion (5), be guilty of an offene. Page 30 AT 23 of 1985

31 Road Traffi At 1985 Setion 25 (5) A person shall not be onvited of an offene under subsetion (4) in respet of the sale or offer for sale of a helmet if he proves that it was sold or, as the ase may be, offered for sale for export from the British Islands. (6) The provisions of Shedule 1 shall have effet in relation to ontraventions of subsetion (4). (7) In this setion and in Shedule 1, helmet inludes any headgear, and referenes in this setion to selling or offering for sale inlude respetively referenes to letting on hire and offering to let on hire. (8) 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 on or in motor-yles or riding 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 Seat belts [P1972/20/33A and 33B; P1981/56/27 and 28] (1) The Department may make regulations requiring, subjet to suh exeptions as may be presribed, persons who are driving or riding in motor vehiles on a road to wear seat belts of suh desription as may be presribed. 68 (2) Regulations under subsetion (1) may make different provision in relation to different lasses of vehiles, different desriptions of persons and different irumstanes, but shall not apply to hildren under the age of 14 years; shall inlude exeptions for () (i) (ii) (iii) (iv) the users of vehiles onstruted or adapted for the delivery of goods or mail to onsumers or addressees, as the ase may be, while engaged in making loal rounds of deliveries; the drivers of vehiles while performing a manoeuvre whih inludes reversing; any person holding a valid ertifiate signed by a medial pratitioner to the effet that it is inadvisable on medial grounds for him to wear a seat belt; the drivers of taxis whih are being used for seeking hire, or answering a all for hire, or arrying a passenger for hire; may make any presribed exeptions subjet to suh onditions as may be presribed; and AT 23 of 1985 Page 31

32 Setion 25 Road Traffi At 1985 (d) may presribe ases in whih a fee of a presribed amount may be harged on an appliation for any ertifiate required as a ondition of any presribed exeption. (3) Any person who drives or rides in a motor vehile in ontravention of regulations under subsetion (1) shall be guilty of an offene; but notwithstanding any enatment or rule of law, no person other than the person atually ommitting the ontravention shall be guilty of an offene by reason of the ontravention. (4) If the holder of any suh ertifiate as is referred to in subsetion (2)(iii) is informed by a onstable that he may be proseuted for an offene under subsetion (3), he shall not, in proeedings for that offene, be entitled to rely on the exeption afforded to him by the ertifiate unless it is produed to the onstable at the time he is so informed; or within 5 days after the date on whih he is so informed, it is produed at suh polie station as he may have speified to the onstable. (5) Exept as provided by regulations under subsetion (6), a person who, without reasonable exuse, drives a motor vehile on a road when there is in the vehile a hild under the age of 14 years who is not wearing a seat belt in onformity with regulations under subsetion (6)() and (d), shall be guilty of an offene. 69 (5A) [Repealed] 70 (6) Provision may be made by regulations exepting from the prohibition in subsetion (5) hildren of any presribed desription, vehiles of a presribed lass or the driving of vehiles in suh irumstanes as may be presribed; 71 [Repealed] 72 () (d) presribing for the purposes of subsetion (5) the desriptions of seat belt to be worn by hildren of any presribed desription and the manner in whih suh a belt is to be fixed and used. 73 requiring seat belts to be marked in suh manner as is speified in the regulations. 74 (7) In subsetions (5) and (6) seat belt inludes any desription of restraining devie for a hild, and any referene to wearing a seat belt shall be onstrued aordingly A Causing danger to road-users [P1988/52/22A] (1) A person is guilty of an offene if he intentionally and without lawful authority or reasonable ause Page 32 AT 23 of 1985

33 Road Traffi At 1985 Setion 26 () auses anything to be on or over a road, or interferes with a motor vehile, trailer or yle, or interferes (diretly or indiretly) with traffi equipment, in suh irumstanes that it would be obvious to a reasonable person that to do so would be dangerous. (2) In subsetion (1) dangerous refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that subsetion what would be obvious to a reasonable person 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 any irumstanes shown to have been within the knowledge of the aused. (3) In subsetion (1) traffi equipment means anything lawfully plaed on or near a road by the Department; a traffi sign lawfully plaed on or near a road by a person other than the Department; () any fene, barrier or light lawfully plaed on or near a road (i) in pursuane of setion 67 of the Highways At 1986 (preautions when arrying out road works), or (ii) by a onstable or a person ating under the instrutions (whether general or speifi) of the Chief Constable. (4) For the purposes of subsetion (3) anything plaed on or near a road shall unless the ontrary is proved be deemed to have been lawfully plaed there. 76 Manning of loomotives and trailers 26 Requirements as to employment of persons to attend to loomotives and trailers [P1972/20/34] (1) The Department may by regulations provide that in suh ases as may be presribed two persons shall be employed in driving or attending a heavy loomotive or light loomotive whilst it is being driven on a highway; where any suh loomotive is drawing a trailer or trailers on a highway, one or more persons, in addition to the persons so employed, shall be employed for the purpose of attending to the trailer or trailers at the rate of one suh additional person for eah trailer in exess of one; AT 23 of 1985 Page 33

34 Setion 27 Road Traffi At 1985 () where a motor vehile other than a heavy loomotive or light loomotive is drawing a trailer or trailers on a highway, one person, in addition to the driver of the vehile, shall be arried either on the vehile or on a trailer for the purpose of attending to the trailer or trailers. 77 (2) For the purpose of this setion trailer does not inlude a vehile used solely for arrying water for the purposes of the drawing vehile or an agriultural vehile not onstruted to arry a load. (3) If a person auses or permits a motor vehile or trailer to be driven or drawn in ontravention of regulations under this setion, he shall be guilty of an offene. Restritions on use of motor vehiles off roadway 27 Control of use of footpaths for trials et [P1972/20/35] (1) No person shall promote or take part in a trial, rae or ompetition of any desription between horses or vehiles on a footpath unless the holding of the trial, rae or ompetition has been authorised under this setion by the Department. 78 (2) The Department shall not give an authorisation under this setion unless satisfied that onsent in writing to the use of any length of footpath for the purposes of the trial has been given by the owner and by the oupier of the land over whih that length of footpath runs. 79 (3) A person who ontravenes subsetion (1), or fails to omply with any onditions subjet to whih an authorisation under this setion has been granted, shall be guilty of an offene. (4) No enatment prohibiting or restriting the use of footpaths or a speified footpath shall affet the holding of a trial or ompetition authorised under this setion; but this setion shall not prejudie any right or remedy of a person as having an interest in any land. 28 Prohibition of driving motor vehiles elsewhere than on roads [P1972/20/36] (1) Subjet to the provisions of this setion and setion 29, if without lawful authority a person drives a motor vehile on to or upon any 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 80 any road being a footpath, or a yle-path or bridle-path (within the meaning of the Highways At 1986); 81 Page 34 AT 23 of 1985

35 Road Traffi At 1985 Setion 28 he shall be guilty of an offene. (2) It shall not be an offene under subsetion (1) to drive a motor vehile on any land within 13.5 metres of a road, being a road on whih a motor vehile may lawfully be driven, for the purpose only of parking the vehile on that land. (3) A person shall not be onvited of an offene under subsetion (1) with respet to a vehile if he proves to the satisfation of the ourt that it was driven in ontravention of this setion for the purpose of saving life or extinguishing fire or meeting any other like emergeny. (4) The Department may, with the onsent of the owner and the oupier of any land, by order designate the land for the purpose of this setion as being land to whih subsetion (1) shall not apply. 82 (5) Subjet to setion 27, notwithstanding that suh person is, or has the authority of, the owner or oupier of land over whih there is a publi right of way on foot only, other than a footway, it shall be an offene for that person to ride or drive a horse or use any vehile upon or over that land in suh a manner as to interfere with the use and enjoyment of that right of way by pedestrians. 83 (6) Nothing in this setion () prejudies the operation of any byelaws applying to any land; affets the law of trespass to land or any right or remedy to whih a person may by law be entitled in respet of any suh trespass; or in partiular onfers a right to park a vehile on any land. 28A Restritions on immobilisation of motor vehiles (1) This setion applies to any land to whih the publi has aess with vehiles (whether on payment or otherwise), not being land omprising or forming part of () a highway, a building, or the urtilage of a dwelling. (2) The referene in subsetion (1) to land omprising or forming part of a building does not inlude a building, or a part of a building, whih is used, with the onsent of the oupier thereof, only or mainly for the parking of motor vehiles. (3) No person may attah an immobilisation devie to a motor vehile whih has been permitted to remain at rest on land to whih this setion applies unless, at the time it ame to rest, there was displayed on the land, in suh manner as is presribed, a notie in a presribed form warning that vehiles left there might be immobilised, and AT 23 of 1985 Page 35

36 Setion 29 Road Traffi At 1985 might not be released exept on payment of suh sum (not exeeding a presribed amount) as is speified in the notie. (4) Without prejudie to any ivil liability for trespass to or detention of the vehile in question, any person who ontravenes subsetion (3) is guilty of an offene. (5) It is unlawful to require the owner or driver of a motor vehile to pay, for or in onsideration of the removal of an immobilisation devie attahed to the vehile while it was at rest on land to whih this setion applies, a sum exeeding, or sums exeeding in the aggregate, the amount presribed for the purpose of subsetion (3). (6) A ontrat term imposing a requirement whih is unlawful by virtue of subsetion (5) is to that extent void and of no effet; and any sum or sums paid pursuant to suh a requirement, less the amount presribed for the purpose of subsetion (3), shall be reoverable as money had and reeived to the payer s use. (7) In this setion immobilisation devie means any devie or appliane designed or adapted to be fixed to a vehile for the purpose of preventing it from being driven or otherwise put in motion; owner, in relation to a motor vehile, inludes a person keeping or using the vehile Use by Department and loal authorities of vehiles and applianes on footways [P1961/64/49] (1) Subjet to subsetion (2), nothing in setion 28(1) or 30(1), shall apply so as to affet the use by the Department or a loal authority of applianes or vehiles, whether mehanially operated or propelled or not, for leansing, maintaining or improving footpaths, footways or their verges, or for maintaining or altering strutures or other works situated thereon. 85 (2) The Department may make regulations presribing the onditions under whih the right onferred by this setion may be exerised, and suh regulations may in partiular, but without prejudie to the generality of the foregoing provisions, make provision as to () the onstrution of any applianes or vehiles used under this setion; the maximum weight of any suh applianes or vehiles, or the maximum weight borne by any wheel or axle; the maximum speed of any suh applianes or vehiles; and (d) the hours during whih the applianes or vehiles may be used. 86 Page 36 AT 23 of 1985

37 Road Traffi At 1985 Setion Driving of vehiles on footways and parking of vehiles on entral reservations and footways [P1835/50/72; P1972/20/36B; P1974/50/7] (1) A person who drives a vehile on a footway, otherwise than for the purpose of aess to or egress from land adjoining suh footway, shall be guilty of an offene. (2) Subjet to subsetion (3), a person who parks a vehile wholly or partly on any land whih is situated between two arriageways of a road and whih is not a footway; or on a footway; shall be guilty of an offene. (3) A person shall not be onvited of an offene under subsetion (2) with respet to a vehile if he proves to the satisfation of the ourt () that it was parked in aordane with permission given by a onstable in uniform; or that it was parked in ontravention of this setion for the purpose of saving life or extinguishing fire or meeting any other like emergeny; or that it was parked in ontravention of this setion but the onditions speified in subsetion (4) were satisfied. (4) The onditions mentioned in subsetion (3)() are () that the vehile was parked on a footway for the purpose of loading or unloading; and that the loading or unloading of the vehile ould not have been satisfatorily performed if it had not been parked on the footway; and that the vehile was not left unattended at any time while it was so parked. Road safety information and road training 31 The Highway Code (1) The Department must prepare a ode (in this setion referred to as the Highway Code ) omprising suh diretions as appear to the Department to be proper for the guidane of persons using the roads. (2) The Highway Code may onsist of the Highway Code having effet in Great Britain with suh adaptations, exeptions or modifiations as the Department thinks fit. AT 23 of 1985 Page 37

38 Setion 32 Road Traffi At 1985 (3) The Department may from time to time revise the Highway Code by revoking, varying, amending or adding to it in suh manner as it thinks fit. (4) Subjet to subsetion (3), the Department must ause the Highway Code, in a form inorporating all urrent revisions and entitled The Manx Highway Code, to be printed and laid before Tynwald, and may ause opies of it to be sold to the publi at suh prie as it may determine. (5) A failure on the part of a person to observe a provision of the Highway Code does not of itself render that person liable to riminal proeedings of any kind, but any suh failure may be relied on in any proeedings (whether ivil or riminal, and inluding proeedings for an offene under this At or the Road Traffi Regulation At 1985) by any party to the proeedings as tending to establish or to negative any liability whih is in question in those proeedings Power of Department as to giving road safety information and training [P1972/20/38] The Department may provide for promoting road safety by disseminating information or advie relating to the use of roads and may make arrangements for giving pratial training to road users or any lass or desription of road users Constrution et, and use Shedule 2 shall have effet in relation to the regulation of onstrution, weight, equipment and use of vehiles and to the other matters speified in that Shedule. 34 Liensing and disqualifiation of drivers Shedule 3 shall have effet in relation to the liensing and disqualifiation of drivers of motor vehiles and to the other matters speified in that Shedule. 35 Driving instrution Shedule 4 shall have effet in relating to the giving of driving instrution for payment and to the other matters speified in that Shedule. 36 Third-party liability Shedule 5 shall have effet in relation to ompulsory vehile insurane or seurity against third-party risks and to the other matters speified in that Shedule. Page 38 AT 23 of 1985

39 Road Traffi At 1985 Setion 37 PART II MISCELLANEOUS AND GENERAL Misellaneous 37 Saving as to road raes Nothing in this At affets the Road Raes At Adjustment of lights of motor vehiles (1) Where any regulations made under this At require a motor vehile to be equipped with any dipping, diverting or other devie, whereby the lights of suh vehile may be operated to prevent the driver of an approahing vehile being dazzled by the headlights of suh motor vehile, the driver of suh motor vehile shall dip or divert suh lights, or otherwise operate effetively the devie so required, at a reasonable distane away from any approahing vehile. (2) Any person failing to omply with the requirements of this setion shall be guilty of an offene. 39 [Repealed] Power of polie to stop vehiles et [P1972/20/159] A person () driving a motor vehile; or riding a yle, not being a motor vehile; or driving, riding or leading an animal; on a road shall stop the same on being so required by a onstable in uniform, and if he fails to do so he shall be guilty of an offene. 41 Weighing of motor vehiles [P1972/20/160; P1974/50/14] (1) Subjet to subsetion (2) and to any regulations made by the Department, a person authorised by the Department, or a onstable authorised on behalf of the Department or by the Chief Constable, may on prodution of his authority require the person in harge of a motor vehile to allow the vehile or any trailer drawn thereby to be weighed, either laden or unladen, and the weight transmitted to the road by any parts of the vehile or trailer in ontat with the road to be tested, and for that purpose to proeed to a weighbridge or other mahine for weighing vehiles, but a vehile shall not be required to stop to be weighed exept by a onstable in uniform. 90 AT 23 of 1985 Page 39

40 Setion 41 Road Traffi At 1985 (2) If a person in harge of a motor vehile refuses or neglets to omply with any suh requirement or obstruts a person or onstable so authorised in the exerise of his funtions under this setion, he shall be guilty of an offene. (3) A person or onstable authorised in aordane with subsetion (1) may not require the person in harge of the motor vehile to unload the vehile or trailer, or to ause or allow it to be unloaded, for the purpose of its being weighed unladen. (4) Regulations under subsetion (1) may make provision with respet to the manner in whih a vehile or trailer is to be weighed or a weight is to be tested as mentioned in subsetion (1); and the limits within whih, unless the ontrary is proved, any weight determined by a weighbridge or other mahine for weighing vehiles is to be presumed to be aurate for the purposes of any provision made by or under this At or by or under any other enatment relating to motor vehiles or trailers. (5) If, for the purpose of enabling a vehile or a trailer drawn by it to be weighed or a weight to be tested in aordane with regulations under subsetion (1) a person or onstable authorised as mentioned in that subsetion requires the person in harge of the vehile to drive the vehile or to do any other thing in relation to the vehile or its load or the trailer or its load whih is reasonably required to be done for that purpose and the person in harge of the vehile refuses or neglets to omply with that requirement he shall be guilty of an offene under subsetion (1). (6) If at the time when any requirement is made the vehile is more than 10 kilometres from the weighbridge or other mahine, and the weight is found to be within the limits authorised by law the Department on whose behalf the requirement is made shall pay, in respet of loss oasioned, suh amount as in default of agreement may be determined by a single arbitrator agreed upon by the parties, or in default of agreement appointed by the Clerk of the Rolls. 91 (7) Where a motor vehile or trailer is weighed under this setion, a ertifiate of weight shall be given to the person in harge of the vehile, and the ertifiate so given shall exempt the motor vehile and the trailer, if any, from being weighed so long as it is during the ontinuane of the same journey arrying the same load. (8) A ertifiate in the presribed form whih purports to be signed by a person or onstable authorised as mentioned in subsetion (1); and states, in relation to a vehile identified in the ertifiate, any weight determined in relation to that vehile on the oasion of its Page 40 AT 23 of 1985

41 Road Traffi At 1985 Setion 42 being brought to a weighbridge or other mahine in pursuane of a requirement under subsetion (1), shall be evidene of the matter so stated. (9) If, for the purposes of or in onnetion with the determination of any weight in relation to a vehile whih is brought to a weighbridge or other mahine as mentioned in subsetion (1), a person or onstable authorised as mentioned in that subsetion drives a vehile or does any other thing in relation to a vehile or its load or a trailer or its load, or requires the driver of a vehile to drive it in a partiular manner or to a partiular plae or to do any other thing in relation to a vehile or its load or a trailer or its load, neither he nor any person omplying with suh a requirement shall be liable for any damage to or loss in respet of the vehile or its load or the trailer or its load unless it is shown that he ated without reasonable are. (10) In this setion road inludes any land whih forms part of a harbour vested in the Department, inluding the piers, quays, wharves, bridges and doks of any suh harbour, and the works in onnetion therewith Power of onstable to require prodution of driving lienes [1978/14/7 and Sh 1; P1972/20/161] (1) Any suh person as follows () (d) a person driving a motor vehile on a road; or a person whom a onstable has reasonable ause to believe to have been the driver of a motor vehile at a time when an aident ourred owing to its presene on a road; or a person whom a onstable has reasonable ause to believe to have ommitted an offene in relation to the use of a motor vehile on a road; or a person who supervises the holder of a provisional liene granted under paragraph 6(2) of Shedule 3 while the holder is driving a motor vehile on a road or whom a onstable has reasonable ause to believe was supervising the holder of suh a liene while driving at a time when an aident ourred owing to the presene of the vehile on a road or at a time when an offene is suspeted of having been ommitted by the said holder in relation to the use of the vehile on a road, shall, on being so required by a onstable, produe his liene to drive a motor vehile granted under Shedule 3, so as to enable the onstable to asertain the name and address of the holder of the liene, the date of issue, and the authority by whih it was issued. AT 23 of 1985 Page 41

42 Setion 43 Road Traffi At 1985 (2) Where a liene to drive a motor vehile granted under Shedule 3 has been revoked by the Department under paragraph 4 or 7 of that Shedule, then, if the holder of the liene fails to deliver it to the Department in pursuane of that paragraph a onstable may require him to produe it and upon its being produed may seize it and deliver it to the Department. 93 (3) Where a onstable has reasonable ause to believe that the person to whom a liene has been granted under Shedule 3, or any other person, has knowingly made a false statement for the purpose of obtaining the grant of the liene, the onstable may require the holder of the liene to produe it to him. (4) Subjet to subsetion (5), if a person required under the provisions of this setion to produe a liene to a onstable fails to do so he shall be guilty of an offene. (5) If within 5 days after the prodution of his liene was so required suh person produes the liene in person at suh polie station as may have been speified by him at the time its prodution was required, he shall not be onvited of an offene under subsetion (4). 43 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 [P1972/20/162; P1974/50/10] (1) Any suh person as follows () a person driving on a road a motor vehile (other than an invalid arriage); or a person whom a onstable has reasonable ause to believe to have been the driver of a motor vehile (other than an invalid arriage) at a time when an aident ourred owing to its presene on a road or other publi plae; or 94 a person whom a onstable has reasonable ause to believe to have ommitted an offene in relation to the use on a road of a motor vehile (other than an invalid arriage), shall, on being so required by a onstable, give his name and address and the name and address of the owner of the vehile and produe for examination the relevant ertifiate of insurane or ertifiate of seurity within the meaning of Shedule 5, or suh other evidene that the vehile is not or was not being driven in ontravention of paragraph 1 of Shedule 5 as may be presribed by regulations made by the Department, and if he fails to do so he shall, subjet to subsetion (2), be guilty of an offene. 95 Page 42 AT 23 of 1985

43 Road Traffi At 1985 Setion 44 (2) A person shall not be onvited of an offene under subsetion (1) by reason only of failure to produe any ertifiate or other evidene to a onstable if, within 5 days after the date on whih the prodution of the ertifiate or other evidene was required, it is produed at suh polie station as may have been speified by that person at the time when its prodution was required. (2A) Any person whom a onstable has reasonable ause to believe to have ommitted an offene in relation to the use of a mehanially propelled vehile on any land (other than a road) to whih the publi have or are permitted to have aess shall, on being so required by a onstable, give his name and address and the name and address of the owner of the vehile; and if he fails to do so he shall be guilty of an offene. 96 (3) A person who supervises the holder of a provisional liene granted under paragraph 6(2) of Shedule 3 while the holder is driving on a road a motor vehile (other than an invalid arriage) or whom a onstable has reasonable ause to believe was supervising the holder of suh a liene while driving at a time when an aident ourred owing to the presene of the vehile on a road or at a time when an offene is suspeted of having been ommitted by the said holder in relation to the use of the vehile on a road shall, on being so required by a onstable, give his name and address and the name and address of the owner of the vehile, and if he fails to do so he shall be guilty of an offene. (4) In this setion owner, in relation to a vehile whih is the subjet of a hiring agreement, inludes eah party to the agreement. 44 Penalisation of failure to give name and address, and power of arrest, in ase of dangerous or areless driving or yling, et [P1972/20/164] (1) Any suh person as the following, namely the driver of a motor vehile who is alleged to have ommitted an offene against setion 2 or 3, or the rider of a yle who is alleged to have ommitted an offene against setion 11 or 12, who refuses, on being so required by any person having reasonable ground for so requiring, to give his name or address, or gives a false name or address, shall be guilty of an offene. (2) A onstable may arrest without warrant the driver of a motor vehile who within his view ommits an offene against setion 2 or 3 unless the driver either gives his name and address or produes for examination his liene to drive a motor vehile granted under Shedule 3; AT 23 of 1985 Page 43

44 Setion 45 Road Traffi At 1985 arrest without warrant the rider of a yle who within his view ommits an offene against setion 11 or 12 unless the rider gives his name and address. 45 Pedestrian ontravening onstable s diretion to stop to give name and address [P1972/20/165] A onstable may require a person ommitting an offene against setion 17 to give his name and address, and if that person fails to do so he shall be guilty of an offene. 46 Duty of owner of motor vehiles to give information for verifying ompliane with requirement of ompulsory insurane or seurity [P1972/20/167] (1) It shall be the duty of the owner of a motor vehile to give suh information as he may be required by a onstable to give for the purpose of determining whether the vehile was or was not being driven in ontravention of paragraph 1 of Shedule 5 on any oasion when the driver was required under setion 43(1) to produe suh a ertifiate of insurane or seurity, or other evidene, as is mentioned in setion 43(1); and a person who fails to omply with a requirement under this subsetion shall be guilty of an offene. (2) In this setion owner, in relation to a vehile whih is the subjet of a hiring agreement, inludes eah party to the agreement. 47 Duty to give information as to identity of driver, et, in ertain ases [P1972/20/168; P1974/50/24 and Sh 6 para 21] (1) This setion applies to any offene under the provisions of this At exept an offene under paragraph 4(4) or 6(4) of Shedule 2, or Shedule 4; and to any offene under the provisions of any other enatment relating to the use of vehiles on roads. (2) Where the driver of a vehile is alleged to be guilty of an offene to whih this setion applies the person keeping the vehile shall give suh information as to the identity of the driver as he may be required to give by a onstable or, in the ase of an offene under setion 30, by a onstable or by or on behalf of the Department; and 97 any other person shall if so required give any information whih it is in his power to give and may lead to the identifiation of the driver. Page 44 AT 23 of 1985

45 Road Traffi At 1985 Setion 48 (3) In subsetion (2) referenes to the driver of a vehile inlude referenes to the person riding a yle, not being a motor vehile. (4) A person who fails to omply with the requirement of subsetion (2) shall be guilty of an offene unless he shows to the satisfation of the ourt that he did not know and ould not with reasonable diligene have asertained who the driver of the vehile, or the rider of the yle, was; and a person who fails to omply with the requirement of subsetion (2) shall be guilty of an offene. Forgery, false statements, et 48 Forgery of douments, et [P1972/20/169; P1974/50/10 and Sh 2] (1) A person shall be guilty of an offene who, with intent to deeive forges, or alters, or uses or lends to, or allows to be used by, any other person, a doument or other thing to whih this setion applies; or makes or has in his possession any doument or other thing so losely resembling a doument or other thing to whih this setion applies as to be alulated to deeive. (2) This setion applies to the following douments and other things, namely (aa) (ab) () (d) (e) (f) any liene under any Shedule of this At; any plating ertifiate within the meaning of paragraph 6E or 6FA of Shedule 2, or of setion 49 of the Road Traffi At 1988 (an At of Parliament); 98 any plate required to be affixed to a vehile by regulations under paragraph 1 of Shedule 2; 99 any doument whih, in pursuane of paragraph 2(2) of Shedule 3 is issued as evidene of the result of a test of ompetene to drive; any badge or ertifiate presribed by regulations under paragraph 2 of Shedule 4; any ertifiate of insurane or ertifiate of seurity under Shedule 5; any doument produed as evidene of insurane pursuant to regulations made under paragraph 11 of Shedule 5; any doument issued under regulations made by the Department in pursuane of its power under setion 43(1) to presribe evidene whih may be produed in lieu of a ertifiate of insurane or a ertifiate of seurity; 100 AT 23 of 1985 Page 45

46 Setion 49 Road Traffi At 1985 (g) any ertifiate required as a ondition of any exeption presribed under setion 25(2). 49 False statements and withholding material information [P1972/20/170] (1) A person shall be guilty of an offene who knowingly makes a false statement for the purpose () (d) of obtaining the grant of a liene under any Shedule to himself or any other person; or of preventing the grant of any suh liene; or of prouring the imposition of a ondition or limitation in relation to any suh liene; or of seuring the entry or retention of the name of any person in the register of approved instrutors maintained under Shedule 4. (2) A person shall be guilty of an offene who, in supplying information or produing douments for the purposes of regulations under paragraph 1, 6E or 6FA of Shedule 2, makes a statement whih he knows to be false in a material partiular or reklessly makes a statement whih is false in a material partiular, or produes, furnishes, sends or otherwise makes use of a doument whih he knows to be false in a material partiular or reklessly produes, furnishes, sends or otherwise makes use of a doument whih is false in a material partiular. 101 (3) A person shall be guilty of an offene who knowingly makes a false statement in a ertifiate or delaration under paragraph 5 of Shedule 2 (inluding that paragraph as applied by paragraph 6(3) of that Shedule). (4) A person shall be guilty of an offene who makes a false statement or withholds any material information for the purpose of obtaining the issue of a ertifiate of insurane or ertifiate of seurity under Shedule 5; or of any doument issued under regulations made by the Department in pursuane of its power under setion 43(1) to presribe evidene whih may be produed in lieu of a ertifiate of insurane or a ertifiate of seurity Issue of false douments [P1979/20/171] A person shall be guilty of an offene who issues any suh doument as is referred to in setion 49(4) or, if the doument or ertifiate so issued is to his knowledge false in a material partiular. Page 46 AT 23 of 1985

47 Road Traffi At 1985 Setion Power to seize artiles with respet to whih offenes under ss 51 to 53 may have been ommitted [P1972/20/173] If a onstable has reasonable ause to believe that a doument produed to him in pursuane of paragraph 13 of Shedule 4 or in pursuane of any of the foregoing provisions of this Part, is a doument in relation to whih an offene has been ommitted under setions 48, 49 and 50, he may seize the doument and when a doument is seized under this subsetion, the person from whom it was taken shall, unless the doument has been previously returned to him or he has been previously harged with an offene under any of these setions, be summoned before a ourt of summary jurisdition to aount for his possession of the said doument and the ourt shall make suh order respeting the disposal of the said douments and award suh osts as the justie of the ase may require Personation of or of person employed by authorised examiner, et [P1972/20/174] A person shall be guilty of an offene if, with intent to deeive, he falsely represents himself to be, or to be employed by, an examiner appointed for the purpose of any of the provisions of Shedule 2. Proseution and punishment of offenes and other provisions relating to legal proeedings, et 53 Proseution and punishment of offenes [P1972/20/177] (1) Part I of Shedule 6 shall have effet with respet to the proseution and punishment of the offenes against the provisions of this At speified in olumn 1 of that Part or regulations made thereunder (of whih the general nature is indiated in olumn 2 thereof). (2) In relation to any suh offene () olumn 3 of that Part shows whether the offene is punishable on summary onvition or on information or either in one way or the other; olumn 4 of that Part shows the maximum punishment by way of fine or imprisonment whih may be imposed on a person onvited of the offene in the way speified in relation thereto in olumn 3 (that is to say, summarily or on information), any referene in olumn 4 to a period of years or months being onstrued as a referene to a term of imprisonment of that duration; olumn 5 of that Part shows in relation to whih offenes the ourt is required by paragraph 11(1) of Shedule 3 or empowered by AT 23 of 1985 Page 47

48 Setion 53 Road Traffi At 1985 (d) (e) (f) paragraph 11(2) of that Shedule to order the person onvited to be disqualified for holding or obtaining a liene to drive a motor vehile under Shedule 3, any referene in olumn 5 to obligatory disqualifiation importing suh a requirement and any referene therein to disretionary disqualifiation importing suh a power; olumn 6 of that Part shows in relation to whih offenes the ourt is required by paragraph 20(1) of Shedule 3 to order that partiulars of the onvition, and, if the ourt orders him to be disqualified, partiulars of the disqualifiation, are to be endorsed on any liene held by him; olumn 7 of that Part shows the number or range of penalty points required by paragraph 12(1) of Shedule 3 to be inluded in an endorsement under paragraph 20 of that Shedule on onvition of the offene; and olumn 8 of that Part applies to suh of the offenes against provisions of this At speified in olumn 1 as are indiated by entries against those offenes in olumn 8 the additional provisions of this At (relating to the proseution and trial of suh offenes) speified in those entries. (3) Part II and olumn 1 of Part III of Shedule 6 show offenes whih are not offenes under this At and are not punishable thereunder but on onvition of whih the ourt is required by paragraph 11(1) of Shedule 3 or, as the ase may be, empowered by paragraph 11(2) of that Shedule to order the person onvited to be disqualified for holding or obtaining a liene to drive a motor vehile under Shedule 3 and, in either ase, required by paragraph 20(1) of that Shedule to order that partiulars of the onvition and, if the ourt orders him to be disqualified, partiulars of the disqualifiation, are to be endorsed on any liene held by him; and olumn 2 of Part III of Shedule 6 shows the number or range of penalty points required by paragraph 12(1) of Shedule 3 to be inluded in an endorsement under paragraph 20 of that Shedule on onvition of an offene speified in olumn 1 of that Part. (4) The provisions ontained in Part IV of Shedule 6 (being provisions as to alternative verdits, as to harges whih may be preferred when a person is not onvited of an offene harged and as to the onvition of persons of ertain offenes despite the absene of a warning of proseution of those offenes) shall have effet in relation to suh of the offenes against provisions of this At speified in olumn 1 of Part I of Shedule 6 as are indiated by entries against those offenes in olumn 7 of that Part. (5) Part V of Shedule 6 shall have effet for the interpretation of that Shedule. (6) The Department may by order amend Shedule 6 so as to vary any of the punishments there shown. 104 Page 48 AT 23 of 1985

49 Road Traffi At 1985 Setion Penalty for breah of regulations [P1972/20/178] If a person ats in ontravention of any regulations made by the Department under this At (other than regulations made under setion 14, and paragraph 10 of Shedule 4), and ontravention thereof is not made an offene under any other provision of this At, he shall be guilty of an offene Restritions on proseution for ertain offenes [P1972/20/179; P1974/50/24 and Sh 6] (1) Subjet to Part IV and of Shedule 6, this setion applies to any offene under this At to whih it is applied by olumn 8 of the Table in Part I of that Shedule. 106 (2) Subjet to the following provisions of this setion where a person is proseuted for an offene to whih this setion applies he shall not be onvited unless either (aa) () he was warned at the time the offene was ommitted that the question of proseuting him for some one or other of the offenes to whih this setion applies would be taken into onsideration; or the offene is a fixed penalty offene within the meaning of Shedule 5A to the Road Traffi Regulation At 1985 and a fixed penalty notie for the offene was given or affixed under any provision of that Shedule; or 107 within 14 days of the ommission of the offene a summons for the offene was served on him; or within the said 14 days a notie of the intended proseution speifying the nature of the alleged offene and the time and plae where it is alleged to have been ommitted, was (i) (ii) in the ase of an offene against setion 11 or 12, served on him, in the ase of any other offene, served on him or on the person, if any, registered as the keeper of the vehile at the time of the ommission of the offene; and the notie shall be deemed for the purposes of paragraph () to have been served on any person if it was sent by registered post or reorded delivery servie addressed to him at his last known address, notwithstanding that the notie was returned as undelivered or was for any other reason not reeived by him. 108 (3) The requirement of subsetion (2) shall in every ase be deemed to have been omplied with unless and until the ontrary is proved. (4) The requirement of subsetion (2) shall not apply in relation to an offene if, at the time of the offene or immediately thereafter, an aident ours, whereby any personal injury is aused to any person, owing to the AT 23 of 1985 Page 49

50 Setion 56 Road Traffi At 1985 presene on a road of the vehile in respet of whih the offene was ommitted. (5) Failure to omply with the requirement of subsetion (2) shall not be a bar to the onvition of the aused in a ase where the ourt is satisfied that neither the name and address of the aused nor the name and address of the registered keeper, if any, ould with reasonable diligene have been asertained in time for a summons to be served or for a notie to be served or sent in ompliane with the said requirement; or that the aused by his own ondut ontributed to the failure. 56 Time within whih summary proeedings for ertain offenes must be ommened [P1972/20/180] (1) Summary proeedings for an offene under this At to whih this setion is applied by olumn 8 of Part I of Shedule 6 may be brought within a period of 6 months from the date on whih evidene suffiient in the opinion of the proseutor to warrant the proeedings ame to his knowledge; but no suh proeedings shall be brought by virtue of this setion more than 3 years after the ommission of the offene. (2) For the purposes of this setion a ertifiate signed by or on behalf of the proseutor and stating the date on whih suh evidene as aforesaid ame to his knowledge shall be onlusive evidene of that fat; and a ertifiate stating that matter and purporting to be so signed shall be deemed to be so signed unless the ontrary is proved. 57 Evidene by ertifiate [P1972/20/181] (1) In any proeedings for an offene under this At to whih this setion is applied by olumn 8 of Part I of Shedule 6 or whih is punishable by virtue of setion 54 or for an offene against any other enatment relating to the use of vehiles on roads, a ertifiate in the presribed form, purporting to be signed by a onstable and ertifying that a person speified in the ertifiate stated to the onstable () that a partiular motor vehile was being driven or used by, or belonged to, that person on a partiular oasion, or that a partiular motor vehile on a partiular oasion was used by, or belonged to, a firm in whih that person also stated that he was at the time of the statement a partner, or that a partiular motor vehile on a partiular oasion was used by, or belonged to, a orporation of whih that person also stated Page 50 AT 23 of 1985

51 Road Traffi At 1985 Setion 58 that he was at the time of the statement a diretor, offier or employee, shall be admissible as evidene for the purpose of determining by whom the vehile was being driven or used, or to whom it belonged, as the ase may be, on that oasion. (2) Nothing in subsetion (1) shall be deemed to make a ertifiate admissible as evidene in proeedings for an offene exept in a ase where and to the like extent to whih oral evidene to the like effet would have been admissible in those proeedings. (3) Nothing in subsetion (1) shall be deemed to make a ertifiate admissible as evidene in proeedings for an offene unless a opy thereof has, not less than 7 days before the hearing or trial, been served in the presribed manner on the person harged with the offene, or if that person, not later than 3 days before the hearing or trial or within suh further time as the ourt may in speial irumstanes allow, serves a notie in the presribed form and manner on the proseutor requiring attendane at the trial of the person who signed the ertifiate. 58 Admissibility of reords as evidene [P1972/20/182] (1) A statement ontained in a doument purporting to be () a part of the reords maintained by the Department in onnetion with any funtions exerisable by it by virtue of Shedule 3 or a part of any other reords maintained by the Department with respet to vehiles; or 109 a opy of a doument forming part of those reords; or a note of any information ontained in those reords, and to be authentiated by a person authorised in that behalf by the Department shall be admissible in any proeedings as evidene of any fat stated therein to the same extent as oral evidene of that fat is admissible in those proeedings. 110 (2) In subsetion (1) opy, in relation to a doument, means anything on to whih information reorded in the doument has been opied, by whatever means and whether diretly or indiretly; doument means anything in whih information of any desription is reorded; and statement means any representation of fat, however made. 111 AT 23 of 1985 Page 51

52 Setion 58 Road Traffi At 1985 (3) In subsetion (1), referenes to the Department inlude referenes to an authority exerising orresponding funtions in any part of the United Kingdom, the Republi of Ireland or any of the Channel Islands, and the referenes to Shedule 3 inludes a referene to any orresponding provision in fore in any part of the United Kingdom, the Republi of Ireland or any of the Channel Islands, as the ease may be. 112 (4) In any ase where () (d) any suh statement as is referred to in subsetion (1) is produed to a ourt in any proeedings for an offene involving obligatory or disretionary disqualifiation, within the meaning of Shedule 3; and the statement speified an alleged previous onvition of an aused person of any suh offene, and it is proved to the satisfation of the ourt, on oath or in suh manner as may be presribed by rules under setion 16 of the Summary Jurisdition At 1956, that not less than 7 days before the statement is so produed a notie was served on the aused speifying the previous onvition and stating that it is proposed to bring it to the notie of the ourt in the event of, or, as the ase may be in view of his onvition; and the aused is not present in person before the ourt when the statement is so produed, the ourt may take aount of the previous onvition as if the aused had appeared and admitted it. 58A Admissibility of evidene of speed et (1) Subjet to the following provisions of this setion, evidene of a fat relevant to proeedings for an offene to whih this setion applies may be given by the prodution of a reord produed by a devie of a type approved by the Department; and (in the same or another doument) a ertifiate as to the irumstanes in whih the reord was made, signed by a onstable or by a person authorised by or on behalf of the Chief Constable. (2) This setion applies to an offene under setion 16(1) onsisting in a failure to omply with an indiation given by a light signal that vehiular traffi is not to proeed; an offene under setion 22 (speed limits) of the Road Traffi Regulation At 1985; Page 52 AT 23 of 1985

53 Road Traffi At 1985 Setion 58 () an offene under setion 3(8) (temporary traffi restritions) of that At onsisting in the ontravention of a restrition on the speed of vehiles imposed by virtue of setion 24 of that At. (3) The Department may by order amend subsetion (2) by adding offenes to, or deleting offenes from, the offenes for the time being speified in that subsetion; and an order under this subsetion may make suh transitional provision as appears to the Department to be neessary or expedient. (4) Any approval given by the Department for the purposes of this setion may be given subjet to onditions as to the purposes for whih, and the manner and other irumstanes in whih, any devie of the type onerned is to be used; and a reord or measurement of a devie of that type shall not be admissible as evidene of a fat relevant to proeedings for an offene to whih this setion applies unless those onditions are satisfied. (5) In proeedings for an offene to whih this setion applies, evidene () of a measurement made by a devie, or of the irumstanes in whih it was made, or that a devie was of a type approved for the purposes of this setion, or that any onditions subjet to whih an approval was given were satisfied, may be given by prodution of a doument omplying with the requirements of subsetion (6). (6) A doument mentioned in subsetion (5) must be signed as mentioned in subsetion (1) and () give partiulars of the measurement or of the irumstanes in whih it was made, or state that a devie was of a type so approved, or state that, to the best of the knowledge and belief of the person making the statement, all suh onditions were satisfied, as the ase may be. (7) For the purposes of this setion a doument purporting to be a reord of the kind mention in subsetion (1), or to be a ertifiate or other doument mentioned in subsetion (1) or (5), shall be deemed to be suh a reord or to be so signed, unless the ontrary is proved. (8) Nothing in subsetion (1) or (5) makes a doument admissible as evidene in proeedings for an offene unless a opy of it has, not less than 7 days before the hearing or trial, been served on the person harged with the offene; or AT 23 of 1985 Page 53

54 Setion 59 Road Traffi At 1985 makes a doument admissible as evidene of anything other than the matters shown on a reord made by a devie of a type approved for the purposes of this setion if that person, not less than 3 days before the hearing or trial or within suh further time as the ourt in speial irumstanes may allow, served a notie on the proseutor requiring attendane at the hearing or trial of the person who signed the doument Proof, in summary proeedings of identity of driver of vehile [P1972/20/183] Where on the summary trial of a summons for an offene under this At to whih this setion is applied by olumn 8 of Part I of Shedule 6 or whih is punishable by virtue of setion 54 or for an offene against any other enatment relating to the use of vehiles on roads it is proved to the satisfation of the ourt, on oath or in manner presribed by rules made under setion 16 of the Summary Jurisdition At 1956, that a requirement under setion 47(2) of this At to give information as to the identity of the driver of a partiular vehile on the partiular oasion to whih the information relates has been served on the aused by post; and a statement in writing is produed to the ourt purporting to be signed by the aused that the aused was the driver of that vehile on that oasion, the ourt may aept that statement as evidene that the aused was the driver of that vehile on that oasion. 60 Proseutions Save as otherwise expressly provided, proeedings for an offene under this At may be instituted by the Department, the Chief Constable or any onstable Destination of fines All fines imposed in respet of offenes under this At or regulations made thereunder shall be paid into the general revenue of the Island. Inquiries 62 General power to hold inquiries Without prejudie to any other provision of this At, the Department may hold inquiries for the purposes of this At inluding inquiries into the subjet matter of appeals to it under the provisions of this At. 115 Page 54 AT 23 of 1985

55 Road Traffi At 1985 Setion General provisions as to inquiries (1) Where under any of the provisions of this At the Department ause inquiries to be made the person onduting the inquiry may by summons require any person to attend at suh time and plae as is set forth in the summons to give evidene, or to produe any doument in his ustody or under his ontrol whih relates to any ause or matter in question at the inquiry or the hearing of the appeal; and take evidene on oath, and for that purpose the person onduting the inquiry may administer oaths, or may instead of administering an oath require the person examined to make and subsribe a delaration of the truth of the matter in respet of whih he is examined. 116 (2) If any person refuses or wilfully neglets or fails without reasonable exuse to attend in obediene to a summons issued under this setion, or to give evidene, or wilfully alters, suppresses, oneals, destroys or refuses to produe any book or other doument whih he may be required to produe for the purposes of this setion, or does anything whih would, if the inquiry had been a ourt of law having power to ommit for ontempt, have been ontempt of that ourt, the person onduting the inquiry may ertify the offene of that person under his hand to the High Court, and the High Court may thereupon inquire into the alleged offene, and after hearing any witnesses who may be produed against or on behalf of that person harged with the offene, and after hearing any statement that may be offered in defene, punish or take steps for the punishment of that person in like manner as if he had been guilty of ontempt of the High Court. 117 (3) A witness before the inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court. 118 (4) The person onduting the inquiry shall not at any of its proeedings for whih the attendane of any witness is enfored or for whih the prodution of any doument is ompelled under this setion, refuse to allow the publi or any portion of the publi to be present at suh proeedings unless in the opinion of the person onduting the inquiry, it is in the publi interest expedient so to do for reasons onneted with the subjet matter of the inquiry or the nature of the evidene to be given. 119 (5) The person onduting the inquiry may make orders as to the osts of the inquiry, the inidental osts inurred by it in onnetion with the inquiry and the osts of the parties at any suh inquiry and as to the parties by whom suh osts shall be paid, and the person onduting the inquiry may ertify the amount of the osts so inurred, and any amount so ertified and direted by the person onduting the inquiry to be paid by any authority or person shall be reoverable from that authority or AT 23 of 1985 Page 55

56 Setion 64 Road Traffi At 1985 person summarily as a ivil debt, and every suh order may be made a rule of the High Court on the appliation of any party named in the order. 120 Appliation to the Crown 64 Appliation to Crown [P1972/20/188] (1) Subjet to the provisions of this setion setions 1 to 28 and setions 30 and 31; setions 40, 41, 42, 44, 45, 52 and 55; () Shedule 2; (d) Shedule 3, exept paragraph 19; shall apply to vehiles and persons in the publi servie of the Crown. (2) Setion 4 (in so far as it imposes restritions on persons under 21 years of age with respet to the driving of heavy loomotives, light loomotives, motor trators, heavy motor ars or motor ars) shall not apply in the ase of motor vehiles owned by the Seretary of State for Defene and used for naval, military or air fore purposes, or in the ase of vehiles so used while being driven by persons for the time being subjet to the orders of a member of the armed fores of the Crown. (3) Where an offene under this At is alleged to have been ommitted in onnetion with a vehile in the publi servie of the Crown, proeedings may be brought in respet of the offene against a person nominated for the purpose on behalf of the Crown; and subjet to subsetion (4), where any suh offene is ommitted any person so nominated shall also be guilty of the offene as well as any person atually responsible for the offene (but without prejudie to proeedings against any person so responsible). (4) Where a person is onvited of an offene by virtue of subsetion (3) () no order may be made on his onvition save an order imposing a fine; payment of any fine imposed on him in respet of that offene may not be enfored against him; and apart from the imposition of any suh fine, the onvition shall be disregarded for all purposes other than any appeal (whether by way of ase stated or otherwise). Page 56 AT 23 of 1985

57 Road Traffi At 1985 Setion 65 Interpretation 65 Interpretation of expressions relating to motor vehiles and lasses thereof [P1972/20/190] (1) Subjet to subsetion (2), in this At motor vehile means a mehanially propelled vehile intended or adapted for use on roads, and trailer means a vehile drawn by a motor vehile. (2) A side-ar attahed to a motor yle shall, if it omplies with suh onditions as may be speified in regulations made by the Department be regarded as forming part of the vehile to whih it is attahed and not as being a trailer. 121 (3) In this At learner motor yle means a motor yle of suh desription as is presribed; 122 moped means a motor vehile of suh desription as is presribed, being a vehile propelled either by eletri power, or by an internal ombustion engine the ylinder apaity of whih does not exeed 50 ubi entimetres; 123 motor ar means a mehanially propelled vehile, not being a motor yle or an invalid arriage, whih is onstruted itself to arry a load or passengers and the weight of whih unladen (i) (ii) (iii) if it is onstruted solely for the arriage of passengers and their effets, is adapted to arry not more than 7 passengers exlusive of the driver, and is fitted with tyres of suh type as may be speified in regulations made by the Department, does not exeed 3050 kilogrammes; 124 if it onstruted or adapted for use for the onveyane of goods or burden of any desription, does not exeed 3050 kilogrammes, or 3500 kilogrammes if the vehile arries a ontainer or ontainers for holding for the purpose of its propulsion any fuel whih is wholly gaseous at 17.5 Celsius under a pressure of bar or plant and materials for produing suh fuel; does not exeed 2540 kilogrammes in a ase falling within neither of the foregoing paragraphs; heavy motor ar means a mehanially propelled vehile, not being a motor ar, whih is onstruted itself to arry a load or passengers and the weight of whih unladen exeeds 2540 kilogrammes; AT 23 of 1985 Page 57

58 Setion 66 Road Traffi At 1985 motor yle means a mehanially propelled vehile, not being an invalid arriage, with less than four wheels and the weight of whih unladen does not exeed 410 kilogrammes; invalid arriage means a mehanially propelled vehile the weight of whih unladen does not exeed 254 kilogrammes and whih is speially designed and onstruted, and not merely adapted, for the use of a person suffering from some physial defet or disability and is used solely by suh a person; motor trator means a mehanially propelled vehile whih is not onstruted itself to arry a load, other than the following artiles, that is to say, water, fuel, aumulators and other equipment used for the purpose of propulsion of loose tools and loose equipment, and the weight of whih unladen does not exeed 7370 kilogrammes; light loomotive means a mehanially propelled vehile whih is not onstruted itself to arry a load, other than any of the artiles speified in respet of a motor trator, and the weight of whih unladen does not exeed kilogrammes but does exeed 7370 kilogrammes; heavy loomotive means a mehanially propelled vehile whih is not onstruted itself to arry a load, other than any of the artiles speified in respet of a motor trator and the weight of whih unladen exeeds kilogrammes. (4) For the purposes of this setion, in a ase where a motor vehile is so onstruted that a trailer may by partial superimposition be attahed to the vehile in suh a manner as to ause a substantial part of the weight of the trailer to be borne by the vehile, that vehile shall be deemed to be a vehile itself onstruted to arry a load. (5) For the purposes of this setion, in the ase of a motor vehile fitted with a rane, dynamo, welding plant or other speial appliane or apparatus whih is a permanent or essentially permanent fixture, the appliane or apparatus shall not be deemed to onstitute a load or goods or burden of any desription, but shall be deemed to form part of the vehile. (6) The Department may by regulations vary any of the maximum or minimum weights speified in the foregoing provisions of this setion either generally or for the purpose of any provision of this At; and nothing in setion 25 of the Road Traffi Regulation At 1985 shall be onstrued as limiting the powers onferred by this subsetion Artiulated vehiles [P1972/20/191] A vehile so onstruted that it an be divided into two parts both of whih are vehiles and one of whih is a motor vehile shall (when not so divided) be treated for the purposes of this At as that motor vehile with the other part attahed as a trailer. Page 58 AT 23 of 1985

59 Road Traffi At 1985 Setion Hover vehiles [P1972/20/192] (1) For the purposes of this At a hoverraft within the meaning of the Hoverraft At 1968 (an At of Parliament) (in this setion referred to as a hover vehile) shall be a motor vehile, whether or not it is adapted or intended for use on roads; but shall be treated as not being a vehile of any of the lasses or desriptions defined in setion 65(3). (2) The Department may by regulations provide that any provision of this At whih would otherwise apply to hover vehiles shall not apply to them; or that any suh provision whih would not otherwise apply to hover vehiles shall apply to them Certain vehiles not to be treated as motor vehiles [P1972/20/193] (1) For the purposes of this At () a mehanially propelled vehile being an implement for utting grass whih is ontrolled by a pedestrian and is not apable of being used or adapted for any other purpose; and any other mehanially propelled vehile ontrolled by a pedestrian whih may be speified by regulations made by the Department for the purposes of this setion or paragraph 1 of Shedule 2; and 127 an eletrially assisted pedal yle of suh lass as may be presribed by regulations so made, 128 shall be treated as not being a motor vehile. (2) In subsetion (1) ontrolled by a pedestrian means that the vehile either is onstruted or adapted for use only under suh ontrol or, is onstruted or adapted for use either under suh ontrol or under the ontrol of a person arried on it but is not for the time being in use under, or proeeding under, the ontrol of a person arried on it. 69 Use of invalid arriages on highways [P1970/44/20] (1) In the ase of a vehile whih is an invalid arriage omplying with the presribed requirements and whih is being used in aordane with the presribed onditions AT 23 of 1985 Page 59

60 Setion 70 Road Traffi At 1985 () no statutory provision prohibiting or restriting the use of footways shall prohibit or restrit the use of that vehile on a footway, if the vehile is mehanially propelled it shall be treated for the purposes of this At and the Road Traffi Regulation At 1985 as not being a motor vehile; and whether or not the vehile is mehanially propelled, it shall be exempted from the requirements of regulations under paragraphs 1 and 7 of Shedule 2 in relation to lighting equipment and refletors. (2) In this setion invalid arriage means a vehile, whether mehanially propelled or not, onstruted or adapted for use for the arriage of one person, being a person suffering from some physial defet or disability. 70 Method of alulating weight of motor vehiles and trailers [P1972/20/194] For the purposes of this At and of the Road Traffi Regulation At 1985, and of any other enatment relating to the use of motor vehiles or trailers on roads, the weight unladen of a vehile or trailer shall be taken to be the weight of the vehile or trailer inlusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) whih are neessary to or ordinarily used with the vehile or trailer when working on a road, but exlusive of the weight of water, fuel or aumulators used for the purpose of the supply of power for the propulsion of the vehile, or, as the ase may be, of any vehile by whih the trailer is drawn, and of loose tools and loose equipment. 71 Interpretation of statutory referenes to arriages [P1972/20/195] A motor vehile or trailer shall be deemed to be a arriage within the meaning of any At, and of any order, rule, regulation or bye-law made under any At, and if used as a arriage of any partiular lass, shall for the purpose of any enatment relating to arriages of any partiular lass be deemed to be a arriage of that lass. 72 General interpretation provisions [P1972/20/196] (1) In this At the Board [Repealed] 129 arriage of goods inludes the haulage of goods; arriageway means a way onstituting or omprised in a highway, being a way over whih the publi have a right of way for the passage of vehiles; Page 60 AT 23 of 1985

61 Road Traffi At 1985 Setion 72 Community rules means any rules from time to time reated or arising by or under the Treaties; yle means a biyle, triyle, or yle having four or more wheels, not being in any ase a motor vehile; the Department means the Department of Infrastruture; 130 driver (exept for the purposes of setion 1), where a separate person ats as steersman of a motor vehile, inludes that person as well as any other person engaged in the driving of the vehile, and drive shall be onstrued aordingly; footpath means a way over whih the publi have a right of way on foot only; footway means a way omprised in a highway whih also omprises a arriageway, being a way onstruted or adapted for the use of pedestrians; forges has the same meaning as in the Forgery At 1952; goods inludes goods or burden of any desription; goods vehile means a motor vehile onstruted or adapted for use for the arriage of goods, or a trailer so onstruted or adapted; the Harbour Board [Repealed] 131 the hours of darkness means the time between half-an-hour after sunset and half-an-hour before sunrise; the Lighting At means the Road Transport Lighting At 1963; the Loal Government Board [Repealed] 132 medial pratitioner means a fully registered person within the meaning of the Medial At 1985; 133 owner, in relation to a vehile whih is the subjet of a hiring agreement or hire-purhase agreement, means the person in possession of the vehile under that agreement; presribed means presribed by regulations made by the Department; 134 regulations means regulations made under any provisions of this At; road means any highway and any other road to whih the publi has aess, and inludes a footway or a verge forming part of a road, and a bridge over whih a road passes; statutory, in relation to any prohibition, restrition, requirement or provision, means ontained in, or having effet under, any enatment (inluding any enatment ontained in that At); traffi sign has the meaning assigned to it by setion 15 of the Road Traffi Regulation At 1985; AT 23 of 1985 Page 61

62 Setion 73 Road Traffi At 1985 Treaties has the same meaning as in the European Communities (Isle of Man) At (2) Referenes in this At to a lass of vehiles shall be onstrued as referenes to a lass defined or desribed by referene to any harateristis of the vehiles or to any other irumstanes whatsoever. Supplementary 73 Power of Department to give effet to Community rules (1) The Department may by regulations presribe suh provisions as appear to it to be desirable for giving effet in the Island to any Community rules relating to road transport. 135 (2) Without prejudie to the generality of subsetion (1) regulations under this setion may apply, modify or exlude any of the provisions of this At; provide for the punishment of ontraventions of any provision of the regulations; () ontain suh supplementary, inidental or onsequential provisions, inluding the payment of fees, as appear to the Department to be neessary or expedient. 136 (3) The powers onferred by subsetion (2) shall not inlude power to reate any new riminal offene punishable on onvition of information with imprisonment for more than 2 years or punishable on summary onvition with imprisonment for more than 6 months or with a fine of more than 5, Power to make, and Tynwald ontrol over, regulations, orders et 137 [P1972/20/199] (1) The Department may make regulations for any purpose for whih regulations may be made under this At and for presribing anything whih may be presribed under this At and generally for the purpose of arrying this At into effet. 138 (1A) [Repealed] 139 (2) Regulations under this At may ontain suh inidental, onsequential, transitional or supplemental provision as appears to the Department to be neessary or proper for the purposes of the regulations. 140 (3) The following instruments, namely regulations under this At; Page 62 AT 23 of 1985

63 Road Traffi At 1985 Setion 75 an order under setion 5B(9), setion 7E(5), setion 24(8), setion 53(6), setion 58A(3), setion 79A(1), paragraph 21A of Shedule 3, paragraph 11 of Shedule 4 or paragraph 2(1A) of Shedule 5; 141 () rules under paragraph 10(2) of Shedule 5, shall not have effet unless approved by Tynwald. (4) An order under setion 5B(9) shall be laid before Tynwald at the sitting before that at whih the resolution under subsetion (3) approving it is moved. 142 (5) An instrument approving a devie for the purpose of setion 5B(8) or setion 6(1) or setion 58A(1) shall be laid before Tynwald as soon as may be after it is made Provision, et, of weighbridges [P1972/20/200] (1) The Department may provide, eret, maintain and operate, weighbridges or other mahines for weighing vehiles or ontribute towards the ost of the provision, eretion, maintenane and operation of any suh weighbridge or other mahine by any other person. 144 (2) The Department may provide, eret, maintain and operate any suh mahine on a road, and aordingly the presene of any suh mahine on a road in onsequene of the exerise of those powers by virtue of this subsetion shall not be taken to be an obstrution of the road Expenses and reeipts (1) Any expenses inurred by the Department in onsequene of any provisions of this At shall be defrayed out of money provided by Tynwald. 146 (2) Any sums reeived on aount of fees payable by virtue of any provision of this At shall be paid into the general revenue of the Island. 77 Referenes to Ats of Parliament [1978/14/10] (1) Any referene in this At and any At to be onstrued as one with this At to any At of Parliament or provision thereof shall, unless the ontext otherwise requires, be onstrued as a referene to that At or provision as for the time being amended, modified or repealed and re-enated, with or without modifiations, by, or by virtue of, any other At of Parliament. (2) This setion shall be deemed always to have had effet. AT 23 of 1985 Page 63

64 Setion 78 Road Traffi At Appliation of regulations made under Ats of Parliament [1978/14/11] (1) In making regulations under any provision of this At or any At to be onstrued as one with this At, the Department may apply to the Island, as part of the law of the Island, subjet to suh exeptions modifiations and adaptations as the Department may speify in the regulations, the provisions of any instrument of a legislative harater made (or having effet as if made) under any orresponding provision of any At of Parliament analogous to this At or any At to be onstrued as one with this At. 147 (2) This setion shall be deemed always to have had effet. 79 Extension of the provisions of this At to other roads (1) The Department may by order, with the onsent of any other Board of Tynwald or Statutory Board onerned, apply any provisions of this At, or of any At to be onstrued as one with this At, speified in the order to any land or premises so speified (not being roads within the meaning of this At) whih are under the ontrol of suh Board of Tynwald or Statutory Board. 148 (2) No order made under this setion shall have effet until it has been approved by Tynwald. 79A Appliation of road traffi provisions to ar parks (1) The Department may by order apply any provisions of this At, or of Part IV (traffi signs) of the Road Traffi Regulation At 1985, speified in the order to any parking plae so speified, with suh exeptions, adaptations and modifiations as may be so speified. (2) An order under subsetion (1) applying to a parking plae other than one provided by the Department or another publi authority under Part III of the Road Traffi Regulation At 1985 shall not be made without the onsent of the owner of the parking plae; but where suh an order ontains a statement that it is made with suh onsent, that statement shall be presumed to be true until the ontrary is proved. (3) In this setion parking plae means a plae (other than a highway) where vehiles, or vehiles of any lass, may wait Savings, transitional provisions and amendments [P1972/20/205] (1) The savings and transitional provisions ontained in Shedule 7 shall have effet. (2) The enatments speified in Shedule 8 shall be amended in aordane with that Shedule. Page 64 AT 23 of 1985

65 Road Traffi At 1985 Setion 81 (3) [Repealed] Short title, ommenement and onstrution [P1974/50/24(4)] (1) This At may be ited as the Road Traffi At (2) This At shall ome into operation on suh day or days as the Department may by order appoint. 151 (3) This At shall be onstrued as one with the Road Traffi (International Agreements) At 1974 and that At and this At may together be ited as the Road Traffi Ats 1974 and AT 23 of 1985 Page 65

66

67 Road Traffi At 1985 Shedule 1 SCHEDULE 1 SUPPLEMENTARY PROVISIONS IN CONNECTION WITH PROCEEDINGS FOR OFFENCES UNDER SECTION 24(4) (PROTECTIVE HELMETS) Setion 24(6) [P1972/20/Sh 1] 1. (1) A person against whom proeedings are brought for an offene under setion 24(4) shall, upon information duly laid by him and on giving to the proseution not less than 3 lear days notie of his intention, be entitled to have any person to whose at or default he alleges that the ontravention of that setion was due brought before the ourt in the proeedings; and if, after the ontravention has been proved, the original aused proves that the ontravention was due to the at or default of that other person, that other person may be onvited of the offene, and, if the original aused further proves that he has used all due diligene to seure that that setion was omplied with, he shall be aquitted of the offene. (2) Where an aused seeks to avail himself of the provisions of subparagraph (1) the proseution, as well as the person whom the aused harges with the offene, shall have the right to ross-examine him, if he gives evidene, and any witness alled by him in support of his pleas, and to all rebutting evidene; the ourt may make suh order as it thinks fit for the payment of osts by any party to the proeedings to any other party thereto. (3) Where it appears that an offene under setion 24(4) has been ommitted in respet of whih proeedings might be taken against some person (hereinafter referred to as the original offender ), and a person proposing to take proeedings in respet of the offene is reasonably satisfied that the offene of whih omplaint is made was due to an at or default of some other person, being an at or default whih took plae in the Island, and that the original offender ould establish a defene under sub-paragraph (1), the proeedings may be taken against that other person without proeedings first being taken against the original offender. (4) In proeedings taken against a person other than the original offender under sub-paragraph (3) the aused may be harged with, and on proof that the ontravention was due to his at or default be onvited of the offene with whih the original offender might have been harged. 2. (1) Subjet to the provisions of this paragraph, in any proeedings for an offene under setion 24(4) it shall be a defene for the aused to prove that he purhased the helmet in question as being of a type whih under setion 24(4) ould be lawfully sold or offered for sale, and with a written warranty to that effet, and AT 23 of 1985 Page 67

68 Shedule 1 Road Traffi At 1985 () that he had no reason to believe at the time of the ommission of the alleged offene that it was not of suh a type, and that it was then in the same state as when he purhased it. (2) A warranty shall only be a defene in any suh proeedings if the aused (i) (ii) has, not later than 3 lear days before the date of hearing, sent to the proseutor a opy of the warranty with a notie stating that he intends to rely on it and speifying the name and address of the person from whom he reeived it, and has also sent a like notie of his intention to that person, and in the ase of a warranty given by a person resident outside the Island, the aused proves that he had taken reasonable steps to asertain, and did in fat believe in, the auray of the statement ontained therein. (3) Where the aused is a servant of the person who purhased the helmet in question under a warranty, he shall be entitled to rely on the provisions of this paragraph in the same way as his employer would have been entitled to do if he had been the aused. (4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidene, and the ourt may, if it thinks fit, adjourn the hearing to enable him to do so. 3. (1) An aused who in any proeedings for an offene under setion 24(4) wilfully applies to a helmet a warranty not given in relation to that helmet shall be guilty of an offene. (2) A person who, in respet of a helmet sold by him, being a helmet in respet of whih a warranty might be pleaded under paragraph (2), gives to the purhaser a false warranty in writing, shall be guilty of an offene, unless he proves that when he gave the warranty he had reason to believe that the statements or desription ontained therein were aurate. 4. The following provisions of the Consumer Protetion At 1991 apply for the purpose of enforing setion 24(4) as they apply for the purpose of enforing any safety provision (within the meaning of that At) setion 25 (test purhases); setions 26 and 27 (powers of searh et); setion 29 (obstrution); setion 30 (appeals against detention); setion 31 (ompensation for seizure and detention); setion 32 (reovery of expenses). 153 Page 68 AT 23 of 1985

69 Road Traffi At 1985 Shedule 2 SCHEDULE 2 CONSTRUCTION AND USE OF VEHICLES AND EQUIPMENT Setion 33 PART I CONSTRUCTION AND USE REGULATIONS Regulation of onstrution, weight, equipment and use of vehiles [P1972/20/40; P1974/50/9; 1974/10/31] 1. (1) The Department may make regulations generally as to the use of motor vehiles and trailers on roads, their onstrution and equipment and the onditions under whih they may be so used, and in partiular, but without prejudie to the generality of the foregoing provisions, may make regulations with respet to any of the following matters () (d) (e) (f) (g) (h) (i) (j) the width, height and length of motor vehiles and trailers and the load arried thereby, the diameter of wheels, and the width, nature and ondition of tyres, of motor vehiles and trailers; the emission or onsumption of smoke, fumes, ashes and grit; noise; the maximum weight unladen of heavy loomotives and heavy motor ars, and the maximum weight laden of motor vehiles and trailers, and the maximum weight to be transmitted to the road or any speified area thereof by a motor vehile or trailer of any lass or by any part or parts of suh a vehile or trailer in ontat with the road, and the onditions under whih the weights may be required to be tested; the partiulars to be marked on motor vehiles and trailers; the towing of or drawing of vehiles by motor vehiles; the number and nature of brakes, and for seuring that brakes, sileners and steering gear shall be effiient and kept in proper working order; lighting equipment and refletors; the testing and inspetion, by persons authorised by or under the regulations, of the brakes, sileners, steering gear, tyres, lighting equipment and refletors of motor vehiles and trailers on any premises where they are, subjet however to the onsent of the owner of the premises; the applianes to be fitted for signalling the approah of a motor vehile, or enabling the driver of a motor vehile to beome aware of the approah of another vehile from the rear, or for intimating any intended hange of speed or diretion of a motor vehile, and AT 23 of 1985 Page 69

70 Shedule 2 Road Traffi At 1985 (k) the use of any suh appliane, and for seuring that they shall be effiient and kept in proper working order; for prohibiting the use of applianes fitted to motor vehiles for signalling their approah, being applianes for signalling by sound, at any times, or on or in any roads or loalities, speified in the regulations. 154 (2) Without prejudie to the generality of the foregoing provisions, the Department may, as respets goods vehiles, make regulations under this paragraph () presribing other desriptions of weight whih are not to be exeeded in the ase of suh vehiles; providing for the marking on suh vehiles of weights of any desription or other partiulars by means of plates (of any material) fixed thereto; providing for the irumstanes in whih any partiulars whih are to be marked on suh vehiles are to be so marked. 155 (3) Without prejudie to the generality of sub-paragraph (1), regulations under this paragraph with respet to lighting equipment and refletors may require that lamps be kept lit at suh times and in suh irumstanes as may be speified in the regulations; and may extend, in like manner as to motor vehiles and trailers, to vehiles of any desription used on roads (other than vehiles to whih paragraph 8 applies), whether or not they are mehanially propelled. (4) In framing regulations under this paragraph presribing a weight of any desription whih is not to be exeeded in the ase of goods vehiles of a lass for whih a ertifiate of onformity or Minister s approval ertifiate may be issued under setion 47 of the Road Traffi At 1972 (an At of Parliament) the Department shall have regard to the design weight of the like desription determined by virtue of the said setion 47 for vehiles of that lass and shall seure that the first mentioned weight shall not exeed the design weight. 156 (5) Subjet to the provisions of this paragraph and paragraphs 2 and 3, a person shall be guilty of an offene. who ontravenes any regulations under this paragraph; or who uses on a road a motor vehile or trailer whih does not omply with any suh regulations or auses or permits a vehile to be so used, (6) In any proeedings for an offene under sub-paragraph (5) in whih there is alleged a ontravention of a onstrution and use requirement relating to any desription of weight appliable to a goods vehile, it shall be a defene to prove either Page 70 AT 23 of 1985

71 Road Traffi At 1985 Shedule 2 that at the time when the vehile was being used on the road it was proeeding to a weighbridge whih was the nearest available one to the plae where the loading of the vehile was ompleted for the purpose of being weighed, or was proeeding from a weighbridge after being weighed to the nearest point at whih it was reasonably pratiable to redue the weight to the relevant limit, without ausing an obstrution on any road; or in a ase where the limit of that weight was not exeeded by more than 5 per ent., that that limit was not exeeded at the time the loading of the vehile was originally ompleted and that sine that time no person has made any addition to the load. Temporary exemption from appliation of regulations [P1972/20/41] 2. (1) Subjet to sub-paragraphs (2) to (4), where any regulations under paragraph 1 ontain provisions varying the requirements as regards the onstrution or weight of any lass of vehiles, provision shall be made by the regulations for exempting for suh period, not being less than 5 years, as may be speified therein from suh provisions any vehile of that lass registered under the Liensing and Registration of Vehiles At 1969 before the expiration of one year from the making of the regulations. (2) No suh provision ontained in regulations under paragraph (1) as imposes or varies requirements with respet to the braking systems with whih motor vehiles must be equipped shall be taken, for the purposes of sub-paragraph (1) or of any other provision of the regulations, to be one relating to the onstrution of vehiles. (3) Where regulations under paragraph 1 ontain provisions varying the requirements as regards the onstrution or weight of any lass of vehile, and the Department is satisfied that it is requisite that those provisions shall apply at a date speified in the regulations to vehiles registered before the expiration of one year from the making of the regulations, or to suh of them as are speified in the regulations, and that, notwithstanding that those provisions will then apply to those vehiles, no undue hardship or inonveniene will be aused thereby, then, if the regulations state that the Department is so satisfied, they may provide that sub-paragraph (1) shall not apply in relation to the said provisions. 157 (4) Sub-paragraph (1) shall not apply in relation to regulations made with respet to any desription of weight of goods vehiles, other than their maximum unladen weight, or in relation to regulations made by virtue of paragraph 1(2). AT 23 of 1985 Page 71

72 Shedule 2 Road Traffi At 1985 Approval of douments for purposes of regulations 2A. (1) For the purpose of providing pratial guidane with respet to the requirements of any provision of regulations under paragraph 1, the Department may by order approve and issue any doument (whether or not prepared by it), or approve any doument issued or proposed to be issued otherwise than by it, if in the opinion of the Department the doument is suitable for that purpose. (2) Referenes in this paragraph and paragraph 2B to a doument inlude referenes to part of a doument; and aordingly in relation to a doument of whih part only is approved, a referene in the following provisions of this paragraph or paragraph 2B to the approved doument is a referene only to the part of it that is approved. (3) An order under sub-paragraph (1) shall () identify the approved doument in question, state the date on whih the approval of it is to take effet, and speify the provision of regulations under paragraph 1 for the purposes of whih the doument is approved. (4) The Department may by order from time to time approve and issue a revision of the whole or any part of an approved doument issued by it for the purposes of this paragraph, and approve any revision or proposed revision of the whole or any part of an approved doument; and sub-paragraph (3), with the neessary modifiations, applies in relation to an order under this sub-paragraph as it applies in relation to an order under sub-paragraph (1). (5) The Department may by order withdraw its approval of a doument under this paragraph; and suh a withdrawal shall identify the approved doument in question; and state the date on whih it is to have effet. 158 Compliane or non-ompliane with approved douments 2B. (1) A failure on the part of a person to omply with an approved doument does not of itself render him liable to any ivil or riminal proeedings; but if, in any proeedings, whether ivil or riminal, it is alleged that a person has at any time ontravened a provision of regulations under paragraph 1 Page 72 AT 23 of 1985

73 Road Traffi At 1985 Shedule 2 a failure to omply with a doument that at that time was approved for the purposes of that provision may be relied on as tending to establish liability; and proof of ompliane with suh a doument may be relied on as tending to negative liability. (2) In any proeedings, whether ivil or riminal, a doument that appears to the ourt to be the approved doument to whih an order under paragraph 2A(1) or (4) refers shall be taken to be that approved doument unless the ontrary is proved. 159 [P1972/20/42] Authorisation of speial types 3. (1) The Department may by order authorise, subjet to suh restritions and onditions as may be speified by or under the order, the use on roads () (d) of speial motor vehiles or trailers, or speial types of motor vehiles or trailers, whih are onstruted either for speial purposes or for tests or trials; of vehile or trailers, or types of vehiles or trailers, onstruted for use outside the Island; of new or improved types of motor vehiles or trailers, whether wheeled or wheel-less, or of motor vehiles or trailers equipped with new or improved equipment or types of equipment; and of vehiles or trailers arrying loads of exeptional dimensions; and nothing in paragraph 1 shall prevent the use of suh vehiles, trailers or types as aforesaid in aordane with the order. 160 (2) The Department may by order make provision for seuring that, subjet to suh restritions and onditions as may be speified by or under the order, regulations under paragraph 1 shall have effet in their appliation to suh vehiles, trailers and types thereof as are mentioned in sub-paragraph (1) subjet to suh modifiations or exeptions as may be speified in the order. 161 (3) The Department may by order () provide for the issue by the Department, for the purpose of this sub-paragraph, of a permit to a person appearing to the Department to be a bona fide olletor of old or rare motor vehiles, authorise, subjet to suh restritions and onditions as may be speified in the order, the use on roads by the holder of suh a permit of suh a motor vehile, or of motor vehiles of suh a desription, as may be speified in the permit; and provide for the form of suh a permit, its prodution to onstables and to persons authorised for the purpose by the Department, and AT 23 of 1985 Page 73

74 Shedule 2 Road Traffi At 1985 its surrender to the Department in suh irumstanes as are speified in the order; and nothing in paragraph 1 shall prevent the use of a motor vehile in aordane with the order. 162 (4) The Department may in writing authorise, for suh period and subjet to suh restritions and onditions as may be so speified in the authorisation, the use on roads of a motor vehile so speified whose laden weight does not exeed kilogrammes, notwithstanding that the vehile does not omply with the provisions of regulations under paragraph 1 relating to the length of motor vehiles, where the Department is satisfied that, having regard to the needs of the Island as a whole, it is expedient in the interests of industry that the use of the vehile on roads be permitted. 163 (5) Nothing in paragraph 1, so far as it relates to the length of motor vehiles, shall prevent the use of a motor vehile in aordane with an authorisation under sub-paragraph (4). PART II VEHICLE TESTING Testing of ondition of vehiles on roads [1974/10/37; P1972/20/53; P1974/50/24 and Shs 6 and 7] 4. (1) An authorised examiner may test a motor vehile on a road for the purpose of asertaining whether the requirements imposed by law as to () brakes, sileners, steering gear and tyres; the prevention or redution of noise, smoke, fumes, or vapour; and lighting equipment and refletors, are omplied with as respets the vehile, and of bringing to the notie of the driver any failure to omply with those requirements, and for the purpose of testing the vehile the examiner may drive it. 164 (1A) In order to test a vehile an authorised examiner may require a vehile to stop if the following onditions are satisfied () a onstable in uniform must be present at the sene; at least one sign indiating a polie presene and warning drivers of onoming vehiles that they may be required to stop must be displayed so as to be visible to them at suh a distane from the area where the test is to be onduted as will enable them to stop safely if required to do so; and the examiner must wear suh distinguishing lothing as the Department may require. 165 Page 74 AT 23 of 1985

75 Road Traffi At 1985 Shedule 2 (1B) is guilty of an offene. 166 A driver of a vehile who fails to stop as required by sub-paragraph (1A) (2) Subjet to sub-paragraph (3), where an examiner is satisfied that the making of an immediate test would be unreasonably inonvenient to the driver or passengers of a vehile he may defer the making of the test and require that it be arried out at suh onvenient time (falling within the next 7 days but disregarding any day on whih the vehile is outside the Island) and plae as the examiner may diret. (3) The inonveniene to the driver or passengers of a motor vehile may be disregarded where it appears to a onstable that, by reason of an aident having ourred owing to the presene of the vehile on the road, it is requisite that there should be an immediate test of the vehile, he may require it to be so arried out and may require that the vehile shall not be taken away until the test has been arried out; and where in the opinion of a onstable the vehile is apparently so defetive that it ought not to be allowed to proeed without a test being arried out, he may require an immediate test to be arried out. (3A) Where an examiner who is testing a vehile under this paragraph has reasonable ause to believe that any of the requirements referred to in sub-paragraph (1) is not omplied with as respets the vehile, and is satisfied that it is not possible to asertain whether that requirement is omplied with exept at a plae where suitable failities are available for that purpose, the examiner may suspend the test and diret that it be ontinued at that plae within suh period (not being less than 7 days and disregarding any day on whih the vehile is outside the Island) as he may require: 167 (3B) When giving a diretion under sub-paragraph (3A) the examiner shall give to the driver of the vehile a notie in writing speifying the requirement referred to in sub-paragraph (1) to whih the diretion relates, and the plae at whih, and the time within whih, the vehile is to be presented for the test to be ontinued. 168 (4) If a person obstruts an authorised examiner ating under this paragraph or fails to omply with any requirement of this paragraph, he shall be guilty of an offene. (5) An authorised examiner for the purpose of this paragraph shall produe his authority to at if required to do so. AT 23 of 1985 Page 75

76 Shedule 2 Road Traffi At 1985 (6) A ourt of summary jurisdition by whom a person is onvited of a offene under paragraph 1(5) may order him to pay to the Department any expenses inurred by the Department or an authorised examiner in onnetion with an examination of the vehile in respet of whih the offene was ommitted. 169 (7) In this paragraph test inludes inspet or inspetion as the ase may require; referenes to a vehile inlude referenes to any trailer drawn thereby. Remedying of defets disovered on roadside tests [1974/10/22; P1972/20/54] 5. (1) Where, on testing a motor vehile under paragraph 4, it appears to an authorised examiner that there is a defet in the vehile by reason that the vehile does not omply with a onstrution and use requirement appliable to the vehile, he may, whether or not the requirement is one mentioned in paragraph 4(1), and whether or not proeedings are instituted for a breah of the requirement, give a notie in writing to the person who is then the owner of the vehile speifying the defet and the requirement in question and requiring him to give to the Department within the permitted period a ertifiate omplying with sub-paragraph (3) or a delaration omplying with sub-paragraph (4). 170 (2) On testing a motor vehile as aforesaid an authorised examiner may require the person in harge of the vehile to state whether he is the owner of the vehile and, if he is not the owner, the name and address of the owner. (3) A ertifiate under this paragraph shall ontain a statement signed by the person to whom the notie under this paragraph was given that repairs for the purpose of remedying the defets speified in the notie have been arried out. (4) A delaration under this paragraph shall be signed by the person to whom the notie under this paragraph was given and shall state that he has sold or disposed of his interest in the vehile to whih the notie relates or that he does not intend to use it thereafter on a road in the Island. (5) Where a delaration made in aordane with sub-paragraph (4) ontains a statement that a vehile has been sold or that the signatory has disposed of his interest in it, suh delaration shall further state the name and address of the person to whom the vehile has been sold or the manner in whih and, if appropriate, to whom his interest in the vehile has been so disposed of. (6) A person who, having been given a notie under this paragraph, fails to give a ertifiate or delaration under this paragraph within the permitted period to the Department shall be guilty of an offene. 171 (7) A person who fails to omply with a requirement imposed on him by an authorised examiner under sub-paragraph (2) shall be guilty of an offene. (8) In this paragraph permitted period means a period of 28 days beginning with the date of the notie under this paragraph or suh longer period as the Page 76 AT 23 of 1985

77 Road Traffi At 1985 Shedule 2 Department may, on the appliation of the owner of a motor vehile, speify in writing. 172 Tests to hek whether defets have been remedied [1974/10/23; P1972/20/55] 6. (1) Where, on testing a motor vehile under paragraph 4, it appears to an authorised examiner that there is a defet in the vehile by reason that the vehile does not omply with a onstrution and use requirement appliable to the vehile, he may, whether or not the requirement is one mentioned in paragraph 4(1), and whether or not proeedings are instituted for a breah of the requirement, give a notie in writing to the person who is then the owner of the vehile speifying the defet and the requirement in question and requiring him to give to the Department within the permitted period a ertifiate omplying with sub-paragraph (3) or a delaration omplying with sub-paragraph (4). 173 (2) Where a vehile is made available under sub-paragraph (1) for a further test, any authorised examiner may test and inspet it for the purpose of asertaining whether any defet speified in the notie relating to it under paragraph 5 has been remedied. (3) Paragraph 5 shall apply in relation to a test under this paragraph as it applies in relation to a test under paragraph 5. (4) If a person obstruts an authorised examiner ating under this paragraph or fails to omply with a requirement under this paragraph, he shall be guilty of an offene. Vehiles not to be sold in unroadworthy ondition or altered so as to be unroadworthy 6A. (1) Subjet to the provisions of this paragraph it shall not be lawful to sell, or to supply, or to offer to sell or supply or to expose for sale, a motor vehile or trailer for delivery in suh a ondition that the use thereof on a road in that ondition would be unlawful by virtue of any provision made by regulations under paragraph 1 as respets (i) (ii) (iii) brakes, steering gear or tyres; or the onstrution, weight or equipment of vehiles; or the maintenane of vehiles, their parts and aessories in suh a ondition that no danger is or is likely to be aused; or in suh a ondition, as respets lighting equipment or refletors or the maintenane thereof, that use thereof on a road during the hours of darkness would be unlawful by virtue of any provision made by regulations under paragraph 1 as respets lighting equipment or refletors. AT 23 of 1985 Page 77

78 Shedule 2 Road Traffi At 1985 (2) Subjet to the provisions of this paragraph it shall not be lawful to alter a motor vehile or trailer so as to render its ondition suh that the use thereof on a road in that ondition would be unlawful by virtue of any provision made as respets the onstrution, weight or equipment of vehiles by regulations under paragraph 1. (3) If a motor vehile or trailer is sold, supplied, offered or exposed for sale or altered in ontravention of the provisions of this paragraph, any person who so sells, supplies, or offers it, exposes it for sale or alters it, or auses it or permits it to be sold, supplied, offered, exposed for sale or altered, shall be guilty of an offene. (4) A person shall not be onvited of an offene under this paragraph in respet of the sale, supply, offer, exposure for sale or alteration of a motor vehile or trailer if he proves () that it was sold, supplied, offered, exposed for sale or altered, as the ase may be, for export from the Island; or that he had reasonable ause to believe that the vehile or trailer would not be used on a road in the Island or would not be so used until it had been put into a ondition in whih it might lawfully be so used; or in the ase of a vehile or trailer the sale, supply, offer or exposure for sale of whih is alleged to be unlawful by reason of nonompliane with any provision made by regulations under paragraph 1 as respets lighting equipment or refletors, that he had reasonable ause to believe that the vehile or trailer would not be used on a road in the Island in the hours of darkness until it had been put into a ondition in whih it might be so used during those hours without ontravention of suh provision. (5) Nothing in the foregoing provisions of this paragraph affets the validity of a ontrat or any rights arising under a ontrat. 174 Fitting and sale of defetive or unsuitable parts 6B. (1) If any person fits a vehile part to a vehile, or auses or permits a vehile part to be fitted to a vehile, in suh irumstanes that, by reason of that part being fitted to the vehile, the use of the vehile on a road would onstitute a ontravention of or failure to omply with any of the onstrution ad use requirements, he shall be guilty of an offene. (2) A person shall not be onvited of an offene under sub-paragraph (1) if he proves that the vehile to whih the part was fitted was to be exported from the Island; or that he had reasonable ause to believe that the vehile would not be used on a road in the Island or would not be so used until it Page 78 AT 23 of 1985

79 Road Traffi At 1985 Shedule 2 had been put into a ondition in whih its use would not onstitute a ontravention or failure to omply with any of the onstrution and use requirements. (3) If any person who sells or supplies or offers to sell or supply a vehile part, or auses or permits a vehile part to be sold, supplied or offered for sale or supply, has reasonable ause to believe that the part is to be fitted to a motor vehile or to a vehile of a partiular lass, or to a partiular vehile, he shall be guilty of an offene if that part ould not be fitted to a motor vehile or, as the ase may be, to a vehile of that lass or of a vehile of a lass to whih that vehile belongs, exept in suh irumstanes as are mentioned in sub-paragraph (1). (4) A person shall not be onvited of an offene under sub-paragraph (3) in respet of the sale, supply or offer of a vehile part if he proves that the part was sold, supplied or offered, as the ase may be, for export from the Island; or that he had reasonable ause to believe that it would not be fitted to a vehile used on a road in the Island or would not be so fitted until it had been put into suh a ondition that it ould be fitted otherwise than in suh irumstanes as are mentioned in subparagraph (1). (5) An authorised examiner may at any reasonable hour enter premises where in the ourse of a business vehile parts are fitted to vehiles or are sold, supplied or offered for sale, and test and inspet any vehile or vehile part found on those premises for the purpose of asertaining whether a vehile part has been fitted to the vehile in suh irumstanes as are mentioned in sub-paragraph (1), or the vehile part ould not be sold or supplied for fitting to a vehile used on roads in the Island without the ommission of an offene under sub-paragraph (3), and for the purpose of testing a motor vehile and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehile. (6) Any person who obstruts an authorised examiner ating under subparagraph (5) shall be guilty of an offene. (7) An authorised examiner ating under sub-paragraph (5) shall produe his authority to at if required to do so. (8) In this paragraph vehile part means any artile made or adapted for use as part of a mehanially propelled vehile or of a vehile drawn by a mehanially propelled vehile, or of any other vehile whih is intended or adapted to be used on roads, or for use as part of the equipment of any suh vehile, and inludes any AT 23 of 1985 Page 79

80 Shedule 2 Road Traffi At 1985 equipment for the protetion of drivers or passengers in or on a motor vehile notwithstanding that it does not form part of, or of the equipment of, that vehile. 175 Testing ondition of used vehiles at salerooms, et 6C. (1) An authorised examiner may at any reasonable hour enter premises where used vehiles or trailers are sold, supplied, or offered for sale or supply or kept for sale or supply in the ourse of a business, and test and inspet any used motor vehile or trailer found thereon for the purpose of asertaining whether it is in any suh ondition as is mentioned in paragraph 6A(1), and for the purpose of testing a motor vehile and any trailer drawn by it the authorised examiner may drive it and for the purpose of testing a trailer may draw it with a motor vehile. (2) If any person obstruts an authorised examiner ating under this paragraph he shall be guilty of an offene. (3) An authorised examiner ating under this paragraph shall produe his authority to at if required to do so. (4) A motor vehile or trailer shall be treated as used for the purposes of this paragraph if, and only if, it has previously been sold or supplied by retail. 176 Enforement of ertain requirements at point of sale 6CA. (1) The powers of an authorised examiner under paragraphs 6B and 6C may be exerised by an offier of the Isle of Man Offie of Fair Trading authorised for the purpose by that Offie. (2) The following provisions of the Consumer Protetion At 1991 apply for the purpose of enforing paragraphs 6A and 6B with the modifiations speified in sub-paragraph (3) setion 25 (test purhases); setions 26 and 27 (powers of searh et); setion 29 (obstrution); setion 30 (appeals against detention); setion 31 (ompensation for seizure and detention); setion 32 (reovery of expenses). (3) The modifiations subjet to whih those provisions apply are as follows referenes to an offier or authorised offier of the Isle of Man Offie of Fair Trading shall be treated as inluding referenes to an authorised examiner (other than a member of the Isle of Man Constabulary); referenes to that Offie, in relation to the exerise of powers by an authorised examiner, shall be treated as referenes to the Department; Page 80 AT 23 of 1985

81 Road Traffi At 1985 Shedule 2 () (d) referenes to the safety provisions shall be treated as referenes to paragraphs 6A and 6B; referenes to any provision made by or under Part III of the said At of 1991 shall be omitted D. [Repealed] 178 Determination of plated weights 6E. (1) This paragraph applies to goods vehiles of suh lasses or desriptions as may be presribed. (2) The Department may by regulations make provision for () the riteria and methods by whih the plated weights and other plated partiulars of vehiles to whih this paragraph applies may be determined; the examination of suh vehiles by authorised examiners for the purpose of determining their plated weights and other plated partiulars; and the issue on suh an examination of a plate marked with plated partiulars and a ertifiate (a plating ertifiate ) speifying those partiulars. (3) Regulations under this paragraph may presribe the onditions subjet to whih vehiles may be aepted for suh examination and, without prejudie to that, authorise any person by whom an examination of the vehile is arried out to drive the vehile, whether on a road or elsewhere, and require that a driver of a vehile examined is, exept so far as permitted to be absent by the person arrying out the examination, present throughout the whole of the examination and drives the vehile when direted to do so and operates the ontrols in aordane with any diretions given to him, by that person. (4) Regulations under this paragraph may make provision for () (d) the information to be supplied and douments to be produed on an appliation for an examination under the regulations, and on any suh examination; the fees to be paid on any suh appliation; the form of, and partiulars to be ontained in, plates marked with plated partiulars and plating ertifiates; and the issue of replaements for plates marked with plated partiulars and plating ertifiates and the payment of a fee for their issue. AT 23 of 1985 Page 81

82 Shedule 2 Road Traffi At 1985 (5) Without prejudie to any regulations made by virtue of subparagraph (2), the Department may give diretions with respet to the manner in whih examinations under suh regulations are to be arried out. 179 Requirement that vehile be examined 6F. (1) The Department may make regulations for requiring vehiles to whih paragraph 6E applies, or suh lass or desription of those vehiles as may be presribed, to be submitted for examination under regulations under that paragraph in any of the following irumstanes () (d) where the vehile bears no plate indiating plated weights or other plated partiulars; where it appears to an authorised examiner that any plate borne by the vehile indiates plated weights or other plated partiulars whih are inorret; where any presribed alteration to the vehile or its equipment has been made; where the vehile is undergoing, or is required to undergo, any test, inspetion or examination by an authorised examiner (whether under this Shedule or under any other enatment). (2) Regulations under this paragraph may () require a presribed alteration to suh a vehile or its equipment to be notified to the Department; require the plating ertifiate for any vehile to whih the regulations apply to speify any alteration to the vehile or its equipment whih is required by the regulations to be notified to the Department; and authorise the amendment of a plate marked with plated partiulars or a plating ertifiate or the issue of a different plate or plating ertifiate on the examination of a vehile pursuant to the regulations. (3) No fee shall be payable for an examination required to be arried out in the irumstanes speified in sub-paragraph (1). (4) Regulations under this paragraph may provide that a person who ontravenes or fails to omply with a requirement of the regulations is guilty of an offene FA. (1) Determination of plated weights without examination of vehiles This paragraph applies to vehiles to whih paragraph 6E applies. (2) The Department may by regulations presribe the riteria and methods by whih the plated weights and other plated partiulars of a vehile to whih this paragraph Page 82 AT 23 of 1985

83 Road Traffi At 1985 Shedule 2 () (d) applies may be determined by an authorised examiner without an examination of the vehile; provide for an appliation to be made, information to be supplied and douments to be produed in onnetion with suh a determination; provide for the issue on suh a determination of a plate marked with plated partiulars and a ertifiate (a plating ertifiate ) speifying those partiulars; and make like provision in onnetion with suh a determination as may be made under sub-paragraphs (4)() and (d) of paragraph 6E in onnetion with an appliation under that paragraph. (3) A person who ontravenes or fails to omply with any requirement of the regulations, ontravention of or non-ompliane with whih is delared by the regulations to be an offene, shall be guilty of an offene. 181 Appeals against determinations 6G. (1) Any person aggrieved by a determination made by an authorised examiner on an examination under regulations under paragraph 6E may appeal to the Department. (2) On the appeal the Department shall ause the vehile to be re-examined by an authorised examiner and make suh determination on the basis of the reexamination as it thinks fit. (3) The Department may by regulations make provision for () (d) the manner in whih and time within whih appeals may be brought under this paragraph; the information to be supplied and douments to be produed on suh an appeal; the fees to be paid on suh an appeal; and the repayment of the whole or part of the fee paid on suh an appeal where it appears to the Department that there were substantial grounds for ontesting the whole or part of the deision appealed against. 182 Appeals relating to determination of plated weights et without examination 6GA. Regulations under paragraph 6FA may make like provision for appeals against determinations under that paragraph as is made by or under paragraph 6G in onnetion with appeals against determinations under paragraph 6E; and AT 23 of 1985 Page 83

84 Shedule 2 Road Traffi At 1985 make provision for appeals against refusals to make determinations under paragraph 6FA in suh irumstanes as are presribed. 183 Voluntary testing of motor vehiles 6H. (1) The Department may by regulations make provision for the examination, at the request of the owner, of any motor vehile of a lass or desription speified in the regulations for the purpose of asertaining whether any presribed onstrution and use requirements are omplied with in the ase of the vehile. (2) Regulations under this paragraph may make provision for () (d) (e) (f) (g) (h) the examination, by authorised examiners or other persons authorised by the Department for the purpose, of motor vehiles submitted for examination under this paragraph; the manner in whih, onditions under whih and apparatus with whih suh examinations are to be arried out, the maintenane of that apparatus in an effiient state, and the inspetion of premises at whih and apparatus with whih suh examinations are or are to be arried out; the issue, where it is found on suh an examination that the presribed onstrution and use requirements are omplied with, of a ertifiate (a test ertifiate ) that at the date of the examination those requirements were omplied with in the ase of the vehile; the refusal of a test ertifiate for a vehile whih is so found not to omply with those requirements and for requiring a written notifiation to be given of any suh refusal, and of the grounds of the refusal; the form of and partiulars to be ontained in test ertifiates and notifiations of refusal of test ertifiates; the fees to be paid on the submission of vehiles for suh examinations; the issue of dupliates or opies of test ertifiates, and the fees to be paid therefor; the keeping in a presribed form and the inspetion of registers of examinations and test ertifiates. 184 Power to prohibit driving of unfit vehiles 6I. (1) If in the ourse of any test, inspetion or examination of a motor vehile under this Part or under regulations made under setion 13 of the Liensing and Registration of Vehiles At 1985 it appears to an authorised examiner that owing to any defets in the vehile it is, or is likely to beome, unfit for servie, he may prohibit the driving of the vehile on a road Page 84 AT 23 of 1985

85 Road Traffi At 1985 Shedule 2 absolutely, or for one or more speified purposes, or () exept for one or more speified purposes. 185 (2) A prohibition under this paragraph shall ome into fore as soon as the notie under sub-paragraph (5) has been given if, in the opinion of the authorised examiner imposing it the defets in the vehile in question are suh that driving it, or driving it for any purpose within the prohibition, would involve a danger of injury to any person. (3) Exept where sub-paragraph (2) applies, a prohibition under this paragraph shall (unless previously removed under sub-paragraph (7)) ome into fore at suh time not later than 10 days from the date of the inspetion as seems appropriate to the authorised examiner imposing the prohibition, having regard to all the irumstanes. (4) A prohibition under this paragraph shall ontinue in fore until it is removed under sub-paragraph (7). (5) An authorised examiner imposing a prohibition under this paragraph shall forthwith give notie in writing of the prohibition to the person in harge of the vehile at the time of the inspetion () speifying the defets whih oasioned the prohibition; stating whether the prohibition is on all driving of the vehile or driving it for one or more speified purposes or driving it exept for one or more speified purposes (and, where appliable, speifying the purpose or purposes in question); and stating whether the prohibition is to ome into fore immediately or at the end of a speified period. (6) Where a notie has been given under sub-paragraph (5), any authorised examiner may grant an exemption in writing for the use of the vehile in suh manner, subjet to suh onditions and for suh purpose as may be speified in the exemption; or by endorsement on the notie vary its terms and, in partiular, alter the time at whih the prohibition is to ome into fore or suspend it if it has ome into fore. (7) Any authorised examiner may remove a prohibition under this paragraph if, after inspeting the vehile and on payment of suh fee (if any) for the inspetion as may be presribed, he is satisfied that the vehile is fit for servie, and where he does so, he shall forthwith give notie of the removal to the owner of the vehile. (8) Any person who, exept in suh irumstanes as may be presribed drives a vehile in ontravention of a prohibition under this paragraph, or AT 23 of 1985 Page 85

86 Shedule 2 Road Traffi At 1985 auses or permits a vehile to be driven in ontravention of suh a prohibition, shall be guilty of an offene. 186 Power to prohibit driving of overloaded goods vehile or PSV 6J. (1) This paragraph applies where a goods vehile or publi passenger vehile has been weighed in pursuane of a requirement imposed under setion 41(1), and 187 it appears to an authorised person (i) that the limit imposed by onstrution and use requirements with respet to any desription of weight whih is appliable to that vehile has been exeeded or would be exeeded if it were used on a road, or (ii) that by reason of exessive overall weight, or exessive axle weight on any axle, driving the vehile would involve a danger of injury to any person. (2) The authorised person may, whether or not a notie is given under paragraph 6I(5), give notie in writing to the person in harge of the vehile prohibiting the driving of the vehile on a road until that weight is redued to that limit or is no longer exessive, as the ase may be, and notifiation is given under sub-paragraph (4) to whoever is for the time being in harge of the vehile that it is permitted to proeed. (3) The authorised person may also by a diretion in writing require the person in harge of the vehile to remove it (and, if it is a vehile drawing a trailer, also to remove the trailer) to suh plae and subjet to suh onditions as are speified in the diretion; and the prohibition shall not apply to the removal of the vehile or trailer in aordane with that diretion. (4) Notifiation under sub-paragraph (2) must be in writing and be given by an authorised person, and may be withheld until the vehile has been weighed or reweighed in order to satisfy the person giving the notifiation that the weight has been suffiiently redued. (5) A person who, exept in suh irumstanes as may be presribed () drives a vehile in ontravention of a prohibition under subparagraph (2), or auses or permits a vehile to be driven in ontravention of suh a prohibition, or refuses, neglets or otherwise fails to omply within a reasonable time with a diretion under sub-paragraph (3), Page 86 AT 23 of 1985

87 Road Traffi At 1985 Shedule 2 shall be guilty of an offene. (6) In this paragraph authorised person means an authorised examiner or a person authorised to impose a requirement under setion 41(1); publi passenger vehile has the same meaning as in the Road Transport At Testing of trailers 6K. The following provisions of this Part, namely paragraphs 4, 5, 6, 6H and 6I, apply to trailers as they apply to motor vehiles, subjet to the following modifiations referenes to the driver shall be onstrued as referenes to the driver of the motor vehile by whih the trailer is being, or was last, drawn; and referenes to the driving of a vehile shall be onstrued as referenes to the drawing of a trailer. 189 PART III MISCELLANEOUS AND SUPPLEMENTAL Regulation of brakes, bells, lighting, et, on pedal yles [P1972/20/66] 7. (1) The Department may make regulations as to the use on roads of yles, not being motor vehiles, their onstrution and equipment and the onditions under whih they may be so used and, in partiular, but without prejudie to the generality of the foregoing provision, as to () (d) the number, nature and effiieny of brakes; the applianes to be fitted for signalling approah; the lighting equipment and refletors to be fitted, and the lighting of lamps at suh times and in suh irumstanes as may be presribed; and the maintenane in proper working order, and the testing and inspetion by persons authorised under the regulations, of any equipment presribed under this sub-paragraph. 190 (2) Regulations under this paragraph may provide for repealing bye-laws dealing with the same subjet matter as the regulations, and for suspending while the regulations remain in fore any power of making suh bye-laws. (3) Regulations under this paragraph as to the use on roads of yles may prohibit the sale or supply, or the offer of a sale or supply, or the exposure for sale, of a yle for delivery in suh a ondition that the use thereof on a road in that ondition would be a ontravention of the regulations, but no provision made by virtue of this AT 23 of 1985 Page 87

88 Shedule 2 Road Traffi At 1985 sub-paragraph shall affet the validity of any ontrat or any rights arising under a ontrat. (4) If a person sells, supplies or offers to sell or supply or exposes for sale, a yle in ontravention of any prohibition imposed by regulations made by virtue of sub-paragraph (3) he shall be guilty of an offene, unless he proves that it was sold, supplied or offered for export from the Island; or that he had reasonable ause to believe that it would not be used on a road in the Island, or would not be so used until it had been put into a ondition in whih it might lawfully be so used. [P1972/20/67] Regulation of brakes on horse-drawn vehiles 8. (1) The Department may make regulations for regulating the number, nature and use of brakes, inluding skid-pans and loking-hains, in the ase of vehiles drawn by horses or other animals, or any lass of suh vehiles, when used on roads. 191 (2) Regulations under this paragraph may be made for seuring that suh brakes shall be effiient and kept in proper working order, and for empowering persons authorised by or under the regulations to test and inspet any suh brakes, whether on a road or elsewhere. (3) Regulations under this paragraph may provide for repealing bye-laws dealing with the same subjet matter as the regulations, and for suspending while the regulations remain in fore any power of making suh bye-laws. Offene of selling, et, a refletor or tail lamp not omplying with presribed requirements [P1972/20/81(2)] 9. If any person sells, or offers or exposes for sale, any appliane adapted for use as a refletor or tail lamp to be arried on a vehile in aordane with the provisions of any regulations made under this At, not being an appliane whih omplies with the onstrution and use requirements appliable to a lass of vehiles for whih the appliane is adapted, he shall be guilty of an offene. Proseutions 9A. Without prejudie to setion 60 (proseutions), proeedings for an offene under paragraph 6A(3), 6B(3) or (6) or 7(4) may be instituted by an authorised examiner. 192 Interpretation [P1972/20/82; P1974/50/10(7), 24(3) and Shs 2 and 7] 10. In this Shedule Page 88 AT 23 of 1985

89 Road Traffi At 1985 Shedule 3 authorised examiner, for the purpose of any provision of this Shedule, means a member of the Isle of Man Constabulary, or a person appointed by the Department as an examiner for the purpose of that provision; 193 onstrution and use requirements means requirements, whether appliable generally or at speified times or in speified irumstanes, imposed under paragraph 1 or 7; plated partiulars means suh partiulars as are required to be marked on a goods vehile in pursuane of regulations under paragraph 1 by means of a plate; plated weights means suh weights as are required to be so marked under paragraph 1; sold or supplied by retail means sold or supplied otherwise than to a person aquiring solely for the purpose of resale or of re-supply for a valuable onsideration; tail lamp means, in relation to a vehile, any lamp arried attahed to the vehile for the purpose of showing a red light to the rear in aordane with regulations under paragraph 1 or 7. SCHEDULE 3 Setion 34 PART I DRIVING LICENCES Drivers of motor vehiles to have driving lienes [1978/14/1; P1972/20/84; P1976/3/Sh 1] 1. (1) It shall be an offene for a person to drive on a road a motor vehile of any lass otherwise that in aordane with a liene authorising him to drive a motor vehile of that lass. 194 (2) It shall be an offene for a person to ause or permit another person to drive on a road a motor vehile of any lass otherwise than in aordane with a liene authorising him to drive a motor vehile of that lass. 195 (3) Regulations may provide that a person who beomes resident in the Island shall, during the presribed period after he beomes so resident, be treated for the purposes of sub-paragraphs (1) and (2) as the holder of a liene authorising him to drive motor vehiles of the presribed lasses if he satisfies the presribed onditions and is the holder of a permit of the presribed desription authorising him to drive vehiles under the law of a ountry outside the Island; and the regulations may provide for the appliation of any enatment relating to lienes or liene holders, with or without modifiations, in relation to any suh permit and its holder respetively. AT 23 of 1985 Page 89

90 Shedule 3 Road Traffi At 1985 (4) Without prejudie to the generality of sub-paragraph (3), regulations under that sub-paragraph may () require the holder of a permit of a presribed desription, in suh irumstanes as may be presribed, to produe the permit to the Department and to provide the Department with presribed information; and require the Department to endorse the permit with any information so provided; and enable the Department, in suh irumstanes as may be presribed, by notie to the holder of suh a permit to require him to surrender it to the Department. 196 (5) A person who ontravenes or fails to omply with suh a requirement as is mentioned in sub-paragraph (4) or () is guilty of an offene. 197 Tests of ompetene to drive [P1972/20/85; P1976/3/Sh 1; P1981/56/23(6)] 2. (1) Subjet to the provisions of this Shedule as to provisional lienes and to the provisions of any regulations made by virtue of paragraph 22(1)(f), a liene authorising the driving of motor vehiles of any lass shall not be granted to a person unless he satisfies the Department () (d) that at some time during the period of 10 years ending on the date of oming into fore of the liene applied for he has passed the test of ompetene to drive presribed by virtue of subparagraph (2) or a test of ompetene whih under subparagraph (4) is a suffiient test, or 198 that within the said period of 10 years he has held a liene authorising the driving of vehiles of that lass, not being a provisional liene or a liene granted by virtue of setion 50(4) of the Road Traffi At 1963, or that he is the holder of a liene granted under a relevant external law for the year then urrent or for the preeding year or any part of those years to drive vehiles of that lass, not being a liene orresponding to a provisional liene or a liene granted under any provision of that law orresponding to the said setion 50(4), and is not, at the time of appliation for the liene, disqualified under that law for holding or obtaining a liene thereunder to drive vehiles of any lass, or that he is the holder of a foreign liene of suh kind as may be presribed authorising the driving of vehiles of a ategory orresponding to that lass, and that suh onditions (if any) as may be presribed are satisfied, 199 Page 90 AT 23 of 1985

91 Road Traffi At 1985 Shedule 3 and for the purpose of head (), relevant external law means the law for the time being in fore in any part of the United Kingdom or any of the Channel Islands that orresponds to this Shedule. 200 (2) Regulations may make provision with respet to the nature of tests of ompetene to drive for the purposes of this paragraph, to the qualifiations, seletion and appointment of persons by whom they may be onduted and to the revoation of any appointment, to evidene of the results thereof and generally with respet thereto, and in partiular, but without prejudie to the generality of the foregoing provisions, regulations having effet by virtue of this sub-paragraph may provide () for requiring a person submitting himself for a test to provide a suitable vehile, and for speifying the lasses or desriptions of vehiles whih are or are not to be regarded as suitable, for the purpose of the test; 201 for requiring a fee of suh amount to be speified in the regulations to be paid by a person who submits himself for a test or applies for an appointment for a test; for ensuring that a person submitting himself for a test and failing to pass that test shall not be eligible to submit himself to another test by the same or any other person before the expiration of a period speified in the regulations exept under an order made by the Department under the power onferred by subparagraph (3). 202 (2A) Regulations may provide that a person may not submit himself for a test of ompetene authorising the granting of a liene to drive motor yles, or motor yles of a speified lass, unless he produes a presribed ertifiate that he has suessfully ompleted a ourse of training for drivers of motor yles approved pursuant to regulations under paragraph 6(3A). 203 (2B) Regulations may provide that a person may not submit himself for a test of ompetene authorising the granting of a liene to drive vehiles of a lass speified in the regulations unless he holds a liene (not being a provisional liene) to drive vehiles of another lass so speified. 204 (2C) Regulations may provide that a person may not submit himself for a test of ompetene authorising the granting of a liene to drive vehiles of a lass speified in the regulations unless he satisfies the Department that he has, at some time during the period of 2 years ending on the date of the test, passed a theoretial test presribed by virtue of sub-paragraph (2D). 205 (2D) In sub-paragraph (2C) theoretial test means a test arried out for the purpose of establishing whether a person has suffiient knowledge and understanding of suh matters relevant to the safe, ompetent and areful driving of motor vehiles as may be presribed; and regulations may make provision for the nature and ondut of suh tests, evidene of the results thereof and generally with respet thereto. 206 AT 23 of 1985 Page 91

92 Shedule 3 Road Traffi At 1985 (3) The Department shall have the power to determine on appeal by the appliant whether the test was properly onduted in aordane with the regulations, and if it appears to the Department that the test was not so onduted the Department may order that the appliant shall be eligible to submit himself to another test before the expiration of the period presribed for the purposes of sub-paragraph (2)() and may order that any fee payable by the appliant in respet of the test shall not be paid or, if it has been paid, shall be repaid. 207 (4) For the purposes of sub-paragraph (1) a test of ompetene shall be suffiient for the granting of a liene authorising the driving of vehiles of any lass, if at the time the test was passed it authorised the granting of a liene to drive vehiles of that lass; vehiles of any lasses whih are designated by regulations as a group for the purposes of sub-paragraph (2), if at the said time the test authorised the granting of a liene to drive vehiles of any lass inluded in the group; and if vehiles of any lasses are designated by regulations as a group for the purposes of sub-paragraph (1), a liene authorising the driving of vehiles of a lass inluded in the group shall be deemed for the purposes of the said sub-paragraph (1) to authorise the driving of vehiles of all lasses inluded in the group. (5) The last referene in sub-paragraph (4) and the first referene in subparagraph (1) to a liene do not inlude a liene whih has been revoked in pursuane of paragraph 7(2). (6) In this paragraph foreign liene means a doument issued in respet of a ountry outside the British Islands by an authority of that or another ountry (inluding the United Kingdom) authorising the holder to drive a motor vehile. 208 [P1972/20/86] Repayment of test fees 3. A fee paid in pursuane of regulations made under paragraph 2(2) on appliation for an appointment for a test may be repaid in the following ases and not otherwise, that is to say () (d) if no suh appointment is made, or an appointment made is subsequently anelled by or on behalf of the Department; or 209 if the person for whom the appointment is made gives suh notie anelling the appointment as may be presribed for the purposes of this paragraph by the said regulations; or if the person for whom the appointment is made keeps the appointment, but the test does not take plae, or is not ompleted, for reasons attributable neither to him or to any vehile provided by him for the purposes of the test; or if an order for the repayment of the fee is made by the Department under paragraph 2(3) pursuant to a finding that the Page 92 AT 23 of 1985

93 Road Traffi At 1985 Shedule 3 test was not properly onduted in aordane with the regulations. 210 Requirements as to physial fitness of drivers [1978/14/2; P1972/20/87] 4. (1) An appliation for the grant of a liene shall inlude a delaration by the appliant, in suh form as may be presribed, stating whether he is suffering or has at any time (or, if a period is presribed for the purpose of this sub-paragraph, has during that period) suffered from any presribed disability or from any other disability likely to ause the driving of a vehile by him in pursuane of the liene to be a soure of danger to the publi (suh presribed or other disability being hereafter in this paragraph referred to as a relevant disability ) (2) If it appears from the delaration aforesaid, or if on enquiry the Department is satisfied from other information that the appliant is suffering from a relevant disability, then subjet to the following provisions of this paragraph the Department shall refuse to grant the liene. 211 (3) The Department shall not by virtue of sub-paragraph (2) refuse to grant a liene () on aount of any relevant disability whih is presribed for the purposes of this head, if the appliant has at any time passed a relevant test and it does not appear to the Department that the disability has arisen or beome more aute sine that time or was for whatever reason, not dislosed to the Department at that time; 212 on aount of any relevant disability whih is presribed for the purposes of this head, if the appliant satisfies suh onditions as may be presribed with a view to authorising the grant of a liene to a person in whose ase the disability is appropriately ontrolled; on aount of any relevant disability whih is presribed for the purposes of this head, if the appliation is for a provisional liene. 213 (4) If as the result of a test of ompetene to drive, the Department is satisfied that the person who took the test is suffering from a disability suh that there is likely to be danger to the publi if he drives any vehile, or if he drives a vehile other than a vehile of a partiular onstrution or design, the Department shall serve notie in writing to that effet on that person and shall inlude in the notie a desription of the disability; and where a notie is served in pursuane of this sub-paragraph then AT 23 of 1985 Page 93

94 Shedule 3 Road Traffi At 1985 (i) (ii) if the notie is in pursuane of head and the disability is not presribed under sub-paragraph (1), it shall be deemed to be so presribed in relation to the person aforesaid and the Department shall not grant that person a liene; and 214 if the notie is in pursuane of head any liene granted to that person shall be limited to vehiles of the partiular onstrution or design speified in the notie. 215 (5) Without prejudie to sub-paragraph (4)(i) or (ii), upon a notie being served on the person who took the test under sub-paragraph (4) the liene by virtue of whih the test was taken shall beome void and it shall be the duty of the person upon whom the notie is served to deliver up the liene to the Department forthwith. 216 (6) If the Department is at any time satisfied on enquiry that the liene holder is suffering from a relevant disability, and that the Department would be required by virtue of subparagraph (2) or (4)(ii) to refuse an appliation for the liene made by him at that time, 217 the Department may serve notie in writing on the liene holder revoking the liene with effet from suh date as may be speified in the notie, not earlier than the date of servie of the notie; and it shall be the duty of the person whose liene is revoked under this sub-paragraph to deliver up the liene to the Department forthwith after revoation. 218 (7) In this paragraph disability inludes disease; and relevant test, in relation to an appliation for a liene, means any suh test of ompetene as is mentioned in paragraph 2, a test of ompetene under setion 50 of the Road Traffi At 1963 or a test of fitness or ability in pursuane of setion 51 of that At as originally enated, being a test authorising the grant of a liene in respet of vehiles of the lasses to whih the appliation relates; and for the purposes of sub-paragraph (3) a person to whom a liene was granted after the making of a delaration under paragraph () of the proviso to setion 5(2) of the Road Traffi At 1933 (whih ontained transitional provisions with respet to ertain disabilities) shall be treated as having passed, at the time of the delaration, a relevant test in respet of the vehiles of the lasses or desriptions to whih the liene related. (8) Without prejudie to sub-paragraph (7), for the purposes of subparagraph (3) an appliant shall be treated as having passed a relevant test if, and on the day on whih, he has passed a test of ompetene to drive whih, under a provision of any law of any part of the United Kingdom or of any of the Channel Islands orresponding Page 94 AT 23 of 1985

95 Road Traffi At 1985 Shedule 3 to paragraph 2(2) or (4), either is presribed in relation to vehiles of the lasses to whih the appliation relates or is suffiient under that law for the granting of a liene authorising the driving of vehiles of those lasses, and in the ase of an appliant who is treated as having passed a relevant test by virtue of head dislosure of a disability to the authority having power under the relevant law to grant a liene to drive a motor vehile shall be treated as a dislosure to the Department. 219 Provision of information et relating to disabilities [1978/14/2; P1972/20/87A; P1974/50/Sh 3] 5. (1) If the presribed irumstanes obtain in relation to a person who is an appliant for, or the holder of a liene, or if the Department has reasonable grounds for believing that a person who is an appliant for, or is the holder of, a liene, may be suffering from a relevant disability, then for the purposes of enabling the Department to satisfy itself whether or not that person may be suffering from that or any other relevant disability, the Department may by notie in writing served on that person () require him to furnish to the Department, within suh reasonable time as may be speified in the notie, suh an authorisation as is referred to in sub-paragraph (2); or 220 require him, as soon as pratiable, to arrange to submit himself for examination by suh medial pratitioner or pratitioners as may be nominated by the Department, for the purpose of determining whether or not he suffers or has at any time suffered from a relevant disability; or 221 exept where the appliation for the liene is for, or the liene held is, a provisional liene, require him to submit himself for suh a test of ompetene to drive as the Department direts in the notie. 222 (2) The authorisation referred to in sub-paragraph (1) shall be in suh form and ontain suh partiulars as may be speified in the notie by whih it is required to be furnished; and shall authorise any medial pratitioner who may at any time have given medial advie or attention to the appliant or liene holder onerned to release to the Department any information whih he may have, or whih may be available to him, with respet to the question whether, and if so to what extent, the appliant or liene holder onerned may be suffering, or may at any time have suffered, from a relevant disability. 223 (3) If the Department onsiders it appropriate to do so in the ase of any appliant or liene holder, the Department AT 23 of 1985 Page 95

96 Shedule 3 Road Traffi At 1985 may inlude in a single notie under sub-paragraph (1) requirements under more than on head of that sub-paragraph; and may at any time after the servie of a notie under that subparagraph serve a further notie or noties thereunder. 224 (4) If any person on whom a notie is served under sub-paragraph (1) fails without reasonable exuse to omply with a requirement ontained in the notie, or fails any test of ompetene whih he may be required to take as mentioned in sub-paragraph (1)(), the Department may exerise its powers under paragraph 4 as if the Department were satisfied that the appliant or liene holder onerned is suffering from a relevant disability whih is not presribed for the purpose of any head of sub-paragraph (3) of that paragraph. 225 (5) The Department shall defray any fees or other reasonable expenses of a medial pratitioner in onnetion with the provision of information in pursuane of an authorisation required to be furnished to the Department under subparagraph (1), or 226 any examination whih a person is required to undergo as mentioned in sub-paragraph (1). 227 (6) In this paragraph disability and relevant disability have the same meaning as in paragraph 4 and medial pratitioner means any person who is a fully registered person within the meaning of the Medial At 1983 (an At of Parliament). 5A. (1) If at any time during the period for whih a liene remains in fore, the liene holder beomes aware that he is suffering from a relevant disability whih he has not previously dislosed to the Department, or 228 that a relevant disability from whih he has at any time suffered (and whih has been previously so dislosed) has beome more aute sine the liene was granted, the liene holder must forthwith notify the Department in writing of the nature and extent of his disability. 229 (2) The liene holder is not required to notify the Department under subparagraph (1) above if the disability is one from whih he has not previously suffered, and he has reasonable grounds for believing that the duration of the disability will not extend beyond the period of 3 months Page 96 AT 23 of 1985

97 Road Traffi At 1985 Shedule 3 beginning with the date on whih he first beomes aware that he suffers from it. 230 (3) A person who fails without reasonable exuse to notify the Department as required by sub-paragraph (1) is guilty of an offene. 231 (4) In this paragraph disability and relevant disability have the same meanings as in paragraph Grant of lienes [1978/14/3 and 4; P1972/20/88; P1974/50/13, 24 and Sh 3 and 7; P1976/3/1 and Sh 1; P1981/56/23(1) to (3)] 6. (1) Subjet to paragraph 4, the Department shall, on payment of the presribed fee, grant a liene to a person who (aa) (ab) () makes an appliation for it in suh manner and ontaining suh partiulars as the Department may speify; 233 in suh irumstanes as the Department may diret, furnishes either (i) (ii) a photograph of himself, of suh a desription and ertified by suh a person as the Department may speify; or 234 the part referred to in sub-paragraph (3B) of a liene previously granted to him; 235 where he laims to be entitled to the liene as the holder of a liene referred to in paragraph 2(1)() or (d), surrenders that liene to the Department; 236 furnishes the Department with suh evidene or further evidene in support of the appliation as the Department may require; and 237 is not disqualified by reason of age or otherwise from obtaining the liene for whih he makes the appliation and is not prevented from obtaining it by the provisions of paragraph (1A) Exept in suh ases as may be presribed, a liene shall not be granted to a person unless he satisfies the Department that on the date the appliation for the liene is made he is normally resident in the Island, or he has been attending a ourse of study in the Island during the period of 6 months ending on that date. 239 (2) If the appliation states that it is made for the purpose of enabling the appliant to drive a motor vehile with a view to passing a test of ompetene to drive, any liene granted in pursuane of the appliation shall be a provisional liene for that purpose. 240 (2A) and (2B) [Repealed] 241 AT 23 of 1985 Page 97

98 Shedule 3 Road Traffi At 1985 (2C) Where pursuant to paragraph 2 or an order under paragraph 11(5) a person is required to pass a test of ompetene to drive a motor vehile of any lass before he beomes entitled to hold or obtain a liene authorising him to drive motor vehiles of that lass, he shall, while holding a provisional liene authorising the driving of a motor vehile of that lass, be subjet to the presribed restritions, and a prohibition, in the ase of a person appearing to the Department to be suffering from a relevant disability within the meaning of paragraph 4, on the driving of vehiles other than those of a partiular onstrution or design speified in the liene. 242 (2D) In this paragraph the presribed restritions means suh restritions, onditions, requirements or prohibitions as are presribed for the purpose of this subparagraph. 243 (2E) The presribed restritions shall inlude a requirement, exept in presribed ases, that a distinguishing mark of suh a nature as may be presribed shall be displayed in suh manner as may be presribed on any motor vehile while it is being driven on a road by a person who is subjet to the presribed restritions while driving that vehile; a prohibition on driving on any road at a speed exeeding 50 miles per hour, or suh other speed as may be presribed, any motor vehile on whih the said distinguishing mark is required to be displayed; and () (d) a prohibition on driving on a road a motor biyle without a sidear unless it is a learner motor yle or a moped; and 244 a prohibition on driving on a road a motor yle, or a motor yle of a speified lass, unless the driver (i) (ii) holds a presribed ertifiate that he has suessfully ompleted a ourse of training approved pursuant to regulations under sub-paragraph (3A), or is driving the motor yle on a road as part of suh a ourse of training. 245 (2F) Without prejudie to the generality of sub-paragraph (2D), the presribed restritions may inlude a prohibition, in presribed ases, on the driving of vehiles other than those of presribed lasses. 246 (3) [Repealed] 247 (3A) Regulations may provide for the approval by the Department of ourses of training for drivers of motor yles; and the regulations may in partiular make provision as to the nature and ontent of suh ourses, inluding the nature and ontent of any examinations and tests to form part of them; Page 98 AT 23 of 1985

99 Road Traffi At 1985 Shedule 3 () (d) the authorisation by the Department of persons who may ondut suh ourses; the qualifiations and experiene required of suh persons; the administration of tests or examinations to persons applying for, or for the renewal of, and to persons holding, suh authorisations, and the nature and ontents of suh tests and examinations; (e) the proedure for obtaining by suh persons of suh authorisations, and for the duration and anellation of suh authorisations, inluding provision for the review of any deision to refuse or anel suh an authorisation; (f) (g) (h) (i) (j) (3AA) A person who () (d) shall be guilty of an offene. 249 the form, issue and surrender of ertifiates verifying that persons are authorised as mentioned in above; the form, supply and issue of ertifiates for use in onnetion with suh ourses of training (inluding suh ertifiates as are mentioned in sub-paragraph (2E)(d)(i)); the prodution to onstables and to persons authorised for the purpose by the Department of any ertifiate referred to in (f) or (g) above; the maintenane by persons onduting suh ourses of douments and reords in onnetion therewith, and the prodution of suh douments and reords to persons authorised for the purpose by the Department; and the maximum harges whih may be made for taking part in suh ourses. 248 onduts a ourse of training whih purports to be approved in aordane with regulations under sub-paragraph (3A) whih is not so approved; onduts a ourse of training so approved when he is not authorised to do so in aordane with suh regulations; fails to maintain or to produe in aordane with suh regulations any ertifiate, doument or reord required to be maintained or produed; or issues any ertifiate in onnetion with suh a ourse otherwise than in aordane with suh regulations, (3B) A liene shall be in a form onsisting of 2 parts one identifying its holder, stating his date of birth and inorporating a photograph of him furnished under subparagraph (1)(aa)(i); and AT 23 of 1985 Page 99

100 Shedule 3 Road Traffi At 1985 the other stating its duration and ontaining the partiulars mentioned in sub-paragraph (4); and any referene in this Shedule to endorsement on a liene is to endorsement on the part of it mentioned in above. 250 (3C) A liene may, on the appliation of the holder, inlude a statement that the holder has expressed a request that his body, or a speified part of his body, be used for any of the purposes mentioned in setion 1(1) of the Human Tissue At 1986; and for the purpose of that At, suh a statement inluded in a liene shall be onlusive evidene that the holder made suh a request and that it has not been withdrawn. 251 (4) Subjet to sub-paragraph (3B), a liene shall be in suh form as the Department may determine and shall state whether, apart from sub-paragraph (5), it authorises its holder to drive motor vehiles of all lasses or of ertain lasses only and, in the latter ase, speify those lasses; speify any restritions to whih, under the provisions of setion 4 or this Shedule, its holder is subjet as respets the driving of vehiles of any lass in pursuane of the liene; () (d) in the ase of a provisional liene, speify the onditions subjet to whih it is granted; and where by virtue of sub-paragraph (5) the liene authorises its holder to drive motor vehiles of lasses other than those speified in the liene in pursuane of head, ontain suh statements as the Department onsiders appropriate for indiating the effet of that sub-paragraph. 252 (5) Subjet to sub-paragraph (6), a liene (exept a provisional liene) whih, apart from this sub-paragraph, authorises its holder to drive motor vehiles of ertain lasses only shall also authorise him to drive motor vehiles of all other lasses subjet to the same onditions as if he were authorised by a provisional liene to drive the last-mentioned vehiles; but a liene shall not by virtue of this sub-paragraph authorise a person to drive a vehile whih he is prohibited from driving by setion 4; or unless he has passed the test there mentioned, a motor-yle whih, by virtue of the prohibition mentioned in subparagraph (2E)(), a provisional liene would not authorise him to drive before he had passed that test. 253 (6) In suh ases as the Department may presribe, the provisions of subparagraph (5) shall not apply or shall apply subjet to suh limitations as it may presribe. 254 (7) [Repealed] 255 Page 100 AT 23 of 1985

101 Road Traffi At 1985 Shedule 3 (8) Where an appliant for a provisional liene holds suh a liene or has held one during the period of 12 months ending on the date of oming into fore of the liene applied for, and has held a previous provisional liene within the period of 12 months ending on the date of oming into fore of the last provisional liene held by him, the Department may refuse to grant the liene applied for unless either the appliant has submitted himself to a relevant test during the urreny of the last provisional liene held by him, or he satisfies the Department that he has reasonable ause for not having done so, 256 and (in either ase) before the date of the appliation for the liene he has applied to submit himself to suh a test to be taken within 6 months after the date of the appliation for the liene. 257 (9) In this sub-paragraph relevant test has the meaning assigned to it by paragraph 4(7). (10) [Repealed] 258 Speed limit on vehiles displaying mark presribed for learner-drivers 6A. Any person who drives on a road at a speed exeeding 50 miles per hour, or suh other speed as may be presribed under paragraph 6(2E), a motor vehile displaying suh a distinguishing mark as is referred to in paragraph 6(2E), where he is not subjet to the presribed restritions (within the meaning of paragraph 6(2D)), is guilty of an offene. 259 Restritions on newly qualified drivers et 6B. (1) Where, pursuant to paragraph 2 or an order under paragraph 11(5), a person is required to pass a test of ompetene to drive motor vehiles of any lass before he beomes entitled to hold or obtain a liene authorising him to drive motor vehiles of that lass, he shall, for a period of 24 months or suh lesser period as may be presribed from the oming into fore of the first suh liene granted to him by reason of his passing that test, or from the return to him by reason of his passing that test of a liene previously held by him, as the ase may be, be subjet to the presribed restritions while driving on a road a motor vehile of any lass in respet of whih he was not, immediately before he passed that test, entitled to drive or hold a liene. 260 (1A) Where a person has passed suh a test, that person shall, until the oming into fore of the liene referred to in sub-paragraph (1), be subjet to the presribed restritions while driving on a road a motor vehile of any lass in respet of AT 23 of 1985 Page 101

102 Shedule 3 Road Traffi At 1985 whih that person was not, immediately before passing that test, entitled to drive or hold a liene. 261 (2) Where the Department grant or return a liene to any person who, while driving a motor vehile of any lass speified in the liene, will for any period during the urreny of the liene be subjet to the presribed restritions, the Department shall enter on or affix to the liene a note or other indiation to show the period of restrition, the lass of vehiles affeted by the presribed restritions and that the holder is subjet for that period to the presribed restritions while driving vehiles of that lass. (3) In this paragraph the presribed restritions means suh restritions, onditions, requirements or prohibitions as are presribed for the purpose of this paragraph, whih shall inlude a requirement that a distinguishing mark of suh a nature as may be presribed shall be displayed in suh manner as may be presribed on any motor vehile while it is being driven on a road by a person who is subjet to the presribed restritions while driving that vehile and the nature of the distinguishing mark may be different in different irumstanes; and 262 a prohibition on driving on any road at a speed exeeding 50 miles per hour, or suh other speed as may be presribed, any motor vehile on whih the distinguishing mark referred to in paragraph is required to be displayed. (3A) Regulations presribing the nature of a distinguishing mark may require the distinguishing mark to be aompanied (in suh position, manner and size as may be presribed) by a plate or dis inorporating suh a statement and suh plate or dis shall be treated as part of the distinguishing mark for the purposes of this paragraph. 263 (4) Any person who ontravenes any of the presribed restritions shall be guilty of an offene. (5) Where, in any period during whih a person is subjet to the presribed restritions (a period of restrition ), that person ommits any offene while driving or in harge of a motor vehile of any lass in relation to whih he is subjet to the presribed restritions, and the ourt makes an order (other than an order under paragraph 11(5)) that he shall be disqualified for holding or obtaining a liene to drive a vehile of that lass, the ourt shall further order that he shall, for a period of 24 months ommening on the date on whih he eases to be so disqualified, be subjet to the presribed restritions while driving a vehile of that lass. 264 (6) Where in a period of restrition any suh person, while driving or in harge of a motor vehile of any lass in relation to whih he is subjet to the presribed restritions, ommits an offene under sub-paragraph (4), or an offene under setion 2, 3, 10 or 20, or under paragraph 1 of Shedule 5, or Page 102 AT 23 of 1985

103 Road Traffi At 1985 Shedule 3 () (d) an offene under setion 22 (speed limits) of the Road Traffi Regulation At 1985, or any other offene relating to road traffi or motor vehiles whih is presribed for the purpose of this sub-paragraph, the ourt by whih he is onvited of that offene, if it does not order him to be disqualified for holding or obtaining a liene to drive a motor vehile of that lass, shall, in addition to any other penalty, order that for a further period of not less than 3 months and not more than 24 months from the date of expiry of the period of restrition, or from the date of the onvition if later, he shall be subjet to the presribed restritions while driving a motor vehile of that lass. 265 (7) Where under sub-paragraph (5) or (6) a ourt orders that a person shall be subjet for a period speified in the order to the presribed restritions while driving motor vehiles of any lass so speified, the ourt shall further order that every liene held by him during that period authorising him to drive vehiles of that lass shall be endorsed with suh a note or indiation as is mentioned in sub-paragraph (2), and paragraph 20 shall apply with any neessary modifiations to an order under this subparagraph as it applies to an order imposing a disqualifiation for holding or obtaining a liene. (8) This paragraph does not apply to the holder of a liene authorising him to drive, or to a person driving, motor vehiles of suh lasses or in suh irumstanes as may be presribed. 266 Speed limit on vehiles displaying marks presribed for newly-qualified drivers 6C. Any person who drives on a road at a speed exeeding the maximum speed permitted under paragraph 6B(3) in a motor vehile displaying a distinguishing mark referred to in paragraph 6B(3), where that person is not subjet to the presribed restritions (within the meaning of paragraph 6B(3)), is guilty of an offene D. (1) The Department may by order make provision for the purpose of applying paragraph 6B to any person who () is temporarily in the Island; or is in the Island with the intention of beoming resident; or has beome resident in the Island but the period presribed for the purpose of paragraph 1(3) has not expired, and is authorised to drive a vehile on a road in the Island by reason of being the holder of a permit authorising that person to drive a vehile under the law of a ountry or territory outside the Island. (2) An order under sub-paragraph (1) may make suh modifiations to paragraph 6B as the Department onsiders to be neessary for the purpose mentioned in sub-paragraph (1). AT 23 of 1985 Page 103

104 Shedule 3 Road Traffi At 1985 (3) This paragraph is without prejudie to the power to make regulations under paragraph 1(3). (4) An order under this paragraph shall not ome into operation unless it is approved by Tynwald. 268 Duration of lienes [1978/14/3; P1972/20/89; P1974/50/13(1) and Sh 3; P1981/56/23(4) and (5] 7. (1) A liene shall, unless previously revoked or surrendered, remain in fore, subjet to sub-paragraph (2), (aa) () (d) exept in a period falling within head (aa),, () or (d), for a period of 10 years; 269 exept in a ase falling within head, () or (d), in the ase of a liene to be granted to a person over 65 years of age, for the period ending on the 75th anniversary of his birth or for a period of 3 years, whihever is the longer; 270 exept in a ase falling within head () or (d), in the ase of a liene to be granted to a person over 75 years of age or (if the Department so determines) to a person appearing to the Department to be suffering from a relevant disability within the meaning of paragraph 4, for suh period of not more than 3 years and not less than one year as the Department may determine; 271 in the ase of a liene granted in exhange for a subsisting liene and in pursuane of an appliation requesting a liene for the period authorised by this head, for a period equal to the remainder of that period for whih the subsisting liene was granted; and in the ase of a provisional liene, suh period as may be presribed or, if the Department so determines in the ase of a liene to be granted to suh a person as is referred to in head, for suh shorter period of not less than 6 months as the Department may determine; 272 and any suh period shall begin with the date on whih the liene in question is expressed to ome into fore. (2) Where it appears to the Department that a liene granted by it to any person is required to be endorsed in pursuane of any enatment or was granted in error or with an error or omission in the partiulars speified in the liene or required to be so endorsed on it; or that the partiulars speified in a liene granted by it to any person do not omply with any requirement imposed sine the liene was granted by any provision made by or having effet under any enatment; Page 104 AT 23 of 1985

105 Road Traffi At 1985 Shedule 3 the Department may serve notie in writing on that person revoking the liene and requiring him to deliver up the liene forthwith to the Department. 273 (3) On the surrender of a liene by any person in pursuane of subparagraph (2), the Department shall (exept where the liene was granted in error or is surrendered in pursuane of sub-paragraph (2) in onsequene of an error or omission appearing to the Department to be attributable to that person s fault or in onsequene of a urrent disqualifiation), and 274 may in suh an exepted ase whih does not involve a urrent disqualifiation, grant to that person free of harge a new liene for suh a period that it expires on the date on whih the surrendered liene would have expired had it not been surrendered. 275 Appeals relating to lienes [1978/14/5; P1972/20/90; P1974/50/13(1) and Sh 3] 8. (1) A person who is aggrieved by the Department s () (d) refusal to grant or revoation of a liene in pursuane of paragraph 4; or grant of a liene for less than 3 years in pursuane of paragraph 7(1); or determination under paragraph 7(1)(d) to grant a provisional liene for a period shorter than that presribed thereunder; or revoation of liene in pursuane of paragraph 7(2); or (e) refusal to grant a liene in pursuane of paragraph 6(8); or by a notie served on him in pursuane of paragraph 4(4) may, after giving notie to the Department of his intention so to do, appeal to a ourt of summary jurisdition, and on any suh appeal the ourt may make suh order as it thinks fit, inluding the award of osts, and any suh order shall be binding on the Department. 276 (2) Every appeal under this paragraph shall be by way of petition praying for an order. (3) It is hereby delared that, in any proeedings under this paragraph, the ourt is not entitled to entertain any question as to whether the appellant passed a test of ompetene to drive if he was delared by the person who onduted it to have failed it. [P1972/20/91] Driving with unorreted defetive eyesight 9. (1) If a person drives a motor vehile on a road while his eyesight is suh (whether through a defet whih annot be, or one whih is not, for the time being AT 23 of 1985 Page 105

106 Shedule 3 Road Traffi At 1985 suffiiently orreted) that he annot omply with any requirement as to eyesight presribed under this Shedule for the purposes of tests of ompetene to drive, he shall be guilty of an offene. 277 (2) A onstable having reason to suspet that a person driving a motor vehile may be guilty of an offene under sub-paragraph (1) shall report the irumstanes to the Department who shall require suh person to submit to a test for the purpose of asertaining whether, using no other means of orretion than he used at the time of driving, he an omply with the said requirement as to eyesight; and if that person refuses to submit to the test he shall be guilty of an offene. 278 Notifiation or disease or disability [P1972/20/92; P1974/50/13(1) and Sh 3] 10. (1) If, in any proeedings for an offene ommitted in respet of a motor vehile, it appears to the ourt that the aused may be suffering from any disease or physial disability whih would be likely to ause the driving by him of a motor vehile to be a soure of danger to the publi, the ourt shall notify the Department, and if he holds a liene, also the authority, if known to the ourt, by whom it was granted (2) In this paragraph liene means a liene to drive a motor vehile granted under this Shedule, or under any orresponding external enatment; external enatment means an enatment having effet in any part of the United Kingdom or any of the Channel Islands. PART II DISQUALIFICATION AND ENDORSEMENT OF LICENCES Disqualifiation on onvition of ertain offenes [P1972/20/93; P1981/56/9/2-4] 11. (1) Where a person is onvited of an offene under a provision of this At speified in olumn 1 of Part I of Shedule 6 in relation to whih there appears in olumn 5 of that Part the word obligatory or the word obligatory qualified by onditions or irumstanes relating to the offene; and where the said word obligatory is so qualified, the onditions or irumstanes are satisfied or obtain in the ase of the offene of whih he is onvited; or where a person is onvited of the offene speified in Part II of that Shedule (any suh offene being in this Shedule referred to as an offene involving obligatory disqualifiation ) the ourt shall order him to be disqualified in aordane with subparagraph (1A). 279 Page 106 AT 23 of 1985

107 Road Traffi At 1985 Shedule 3 (1A) The period of disqualifiation is in the ase of (i) (ii) an offene under setion 1 (ausing death by dangerous driving), setion 1A (ausing serious bodily harm by dangerous driving) or setion 3B (ausing death by driving when unliensed, disqualified or uninsured), not less than 2 years as the ourt thinks fit; or an offene under setion 6(6) (failing to provide a speimen) or setion 7DA (failing to allow laboratory test of speimen of blood), where suh an offene involves obligatory disqualifiation, not less than 5 years as the ourt thinks fit; or in the ase of any other offene involving obligatory disqualifiation and if neither of sub-paragraphs (3) or (3A) applies, not less than 12 months as the ourt thinks fit, unless the ourt for speial reasons thinks fit to order the person to be disqualified for a shorter period or not to be disqualified at all. 280 (2) Where a person is onvited of an offene under a provision of this At speified in olumn 1 of Part I of Shedule 6 in relation to whih there appears in olumn 5 of that Part the word disretionary or the word disretionary qualified by onditions or irumstanes relating to the offene; and where the said word disretionary is so qualified, the onditions or irumstanes are satisfied or obtain in the ase of the offene of whih he is onvited; or where a person is onvited of an offene speified in Part III of that Shedule (any suh offene being in this Shedule referred to as an offene involving disretionary disqualifiation ), the ourt may order him to be disqualified for suh period as the ourt thinks fit. (3) Where a person onvited of an offene under setion 3A, 5(1) or 5A(1) has, within the 10 years immediately preeding the ommission of the offene, been onvited of any suh offene, sub-paragraph (1A) shall apply in relation to the person with the substitution of 5 years for 12 months. 281 (3A) Without limiting sub-paragraph (3), if a person is onvited of an offene under setion 3A, 5(1) or 5A(1); it is shown that the proportion of alohol in the person s breath, blood or urine was that speified in olumn 2 of the following table; and AT 23 of 1985 Page 107

108 Shedule 3 Road Traffi At 1985 () the orresponding period speified in olumn 3 of that table onsists of a longer period of disqualifiation than would otherwise apply under sub-paragraph (1A), sub-paragraph (1A) applies in relation to the person with the substitution of that longer period of disqualifiation for the period set out in that sub-paragraph Proportion in 100 ml of breath Proportion in 100 ml of blood Proportion 100 ml of urine Over 50 μg but not over 75 μg Over 75 μg but not over 100 μg Over 100μg Over 115mg but not over173 mg Over 173 mg but not over 230 mg Over 230 mg Over 153 mg but not over 230 mg Over 230 mg but not over 306 mg 2 years 3 years 5 years 2 years 3 years 5 years 2 years 3 years Over 306 mg 5 years 282 (3B) The Department may, with the approval of Tynwald, make regulations amending the table in subparagraph (3A). 283 (4) The provisions of this paragraph shall apply in relation to a onvition of an offene ommitted by aiding, abetting, ounselling or prouring, or initing to the ommission of an offene involving obligatory disqualifiation as if the offene were an offene involving disretionary disqualifiation. (5) Where a person is onvited of an offene involving obligatory or disretionary disqualifiation the ourt may, whether or not he has previously passed the test of ompetene to drive presribed under this Shedule, and whether or not the ourt makes an order under the provisions of this paragraph or paragraph 12, order him to be disqualified until he has, sine the date of the order, passed the extended test, and shall so order in the irumstanes speified in sub-paragraph (5A); and a disqualifiation by virtue of an order under this sub-paragraph shall be deemed to have expired on prodution to the Department of evidene, in suh form as may be presribed by regulations under paragraph 22, that the person disqualified has, sine the order was made, passed the extended test. 284 (5A) The irumstanes in whih the ourt shall make an order under subparagraph (5) in respet of a person are where it makes an order under subparagraph (1) or (2) or paragraph 12 and Page 108 AT 23 of 1985

109 Road Traffi At 1985 Shedule 3 that order is made under sub-paragraph (1); () (d) he has been onvited of the same or a similar offene sine, or during the 3 years immediately preeding, the ommission of the offene, unless the ourt for speial reasons thinks it inappropriate to make the order; the offene was ommitted during a period of restrition (within the meaning of paragraph (6B), and 9 or more penalty points are or have been ordered to be endorsed under paragraph 12(1) in respet of that and any other offenes ommitted during that period; or the ourt onsiders that the fats of the ase raise a reasonable doubt as to his ompetene to drive (5B) Different offenes shall be treated as similar for the purpose of subparagraph (5A) if, and only if, they are offenes involving disretionary disqualifiation and regulations provide that they shall be so treated. 287 (6) Where a person is onvited of an offene under setion 3A, 5, 5A or 6(6), and it appears to the ourt that he is in need of instrution or eduation on the effets of alohol in relation to the driving of motor vehiles, the ourt may make an order under sub-paragraph (8). 288 (7) Where a person is onvited of an offene under setion 3A, 5(1) or 5A(1) in irumstanes in whih the ourt is required by sub-paragraph (1A) as modified by sub-paragraph (3A) to order him to be disqualified for a period of not less than 3 years, the ourt shall make an order under sub-paragraph (8). 289 (8) An order under this sub-paragraph is an order that the offender be disqualified until he has, sine the date of the order, ompleted suh a ourse of instrution or eduation on the effets of alohol in relation to the driving of motor vehiles as may be designated in aordane with regulations under paragraph 22; and an order may be made under this sub-paragraph whether or not the ourt makes any other order under the provisions of this paragraph or paragraph 12; and a disqualifiation by virtue of an order under this sub-paragraph shall be deemed to have expired on prodution to the Department of a ertifiate, by suh person and in suh form as may be presribed by the regulations, that the offender has ompleted suh a ourse. 290 [P1981/56/19] Disqualifiation for repeated offenes 12. (1) Where a person is onvited of an offene involving obligatory or disretionary disqualifiation and the ourt does not order him to be disqualified (whether on that or any other onvition) but orders partiulars of the onvition to be endorsed under paragraph 20, the endorsement ordered shall inlude AT 23 of 1985 Page 109

110 Shedule 3 Road Traffi At 1985 partiulars of the offene, inluding the date when it was ommitted; and in the ase of an offene involving obligatory disqualifiation, 4 penalty points, or, otherwise, the number of penalty points shown in respet of the offene in olumn 7 of Shedule 6 or, where a range of numbers is shown, a number falling within the range; but if a person is onvited of two or more suh offenes the number of penalty points to be endorsed in respet of those of them that were ommitted on the same oasion shall be the number or highest number that would be endorsed on a onvition of one of those offenes, unless the ourt determines otherwise 291. (2) Where a person is onvited of an offene involving obligatory or disretionary disqualifiation and the penalty points to be taken into aount under sub-paragraph (3) number 12 or more, the ourt shall order him to be disqualified for not less than the minimum period defined in sub-paragraph (4) unless the ourt is satisfied, having regard to all the irumstanes not exluded by sub-paragraph (6), that there are grounds for mitigating the normal onsequenes of the onvition and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified. (3) The penalty points to be taken into aount on the oasion of a person s onvition are any that on that oasion will be ordered to be endorsed on any liene held by him or would be so ordered if he were not then ordered to be disqualified, and any that were on a previous oasion ordered to be so endorsed, unless the offender has sine that oasion and before the onvition been disqualified, whether under sub-paragraph (2) or under paragraph 11; but if any of the offenes was ommitted more than 3 years before another the penalty points in respet of that offene shall not be added to those in respet of the other. (4) The minimum period referred to in sub-paragraph (2) is 6 months if no previous disqualifiation imposed on the offender is to be taken into aount; and one year if one, and 2 years if more than one, suh disqualifiation is to be taken into aount; and a previous disqualifiation imposed on an offender is to be taken into aount if it was imposed within the 3 years immediately preeding the ommission of the latest offene in respet of whih penalty points are taken into aount under subparagraph (3). (5) Where an offender is onvited on the same oasion of more than one offene involving obligatory or disretionary disqualifiation Page 110 AT 23 of 1985

111 Road Traffi At 1985 Shedule 3 () not more than one disqualifiation shall be imposed on him under sub-paragraph (2); in determining the period of the disqualifiation the ourt shall take into aount all the offenes; and for the purposes of any appeal, any disqualifiation imposed under sub-paragraph (2) shall be treated as an order made on the onvition of eah of the offenes. (6) No aount is to be taken under subparagraph (2) of () any irumstanes that are alleged to make the offene or any of the offenes not a serious one; hardship, other than exeptional hardship; or any irumstanes whih, within the 3 years immediately preeding the onvition, have been taken into aount under that sub-paragraph in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified. (7) For the purposes of this paragraph () an order for endorsement whih was made under setion 5 of the Road Traffi At 1967 before the ommenement of this paragraph ounts as an order made in pursuane of sub-paragraph (1) for the endorsement of 3 penalty points, unless a disqualifiation was imposed on the offender on that or any subsequent oasion; where 2 or more orders for endorsement were made on any one oasion under the said setion 5, they shall be treated as one suh order; and irumstanes whih have been taken into aount under setion 4(4) of that At in ordering an offender to be disqualified shall be treated as having been so taken into aount under subparagraph (2). (8) Referenes in this paragraph to disqualifiation do not inlude a disqualifiation imposed under setion 17 of the Criminal Law At 1981 (disqualifiation where vehile used for ommission of offene). Appeal against disqualifiation, and rule for determining end of period thereof [P1972/20/94] 13. (1) A person disqualified by an order of a ourt for holding or obtaining a liene may appeal against the order in the same manner as against a onvition, and the ourt by or before whih he was onvited may, if it thinks fit, pending the appeal suspend the disqualifiation. (2) In determining the expiration of the period for whih a person is disqualified by an order of a ourt made in onsequene of a onvition for holding or obtaining a liene, any time after the onvition during whih the disqualifiation was suspended or he was not disqualified shall be disregarded. AT 23 of 1985 Page 111

112 Shedule 3 Road Traffi At 1985 [1974/10/35; P1972/20/95] Removal of disqualifiation 14. (1) Subjet to the provisions of this paragraph, a person who by an order of a ourt is disqualified may apply to the ourt by whih the order was made to remove the disqualifiation, and on any suh appliation the ourt, if it is satisfied that it should do so, may having regard to the harater of the person disqualified and his ondut subsequent to the order, the nature of the offene, and any other irumstanes of the ase, by order remove the disqualifiation as from suh date as may be speified in the order. 292 (2) No appliation shall be made under sub-paragraph (1) for the removal of a disqualifiation before the expiration of whihever is relevant of the following periods from the date of the order by whih the disqualifiation was imposed, that is to say 2 years, if the disqualifiation is for less than 4 years; one half of the period of the disqualifiation, if it is for less than 10 years but not less than 4 years, () 5 years in any other ase; and in determining the expiration of the period after whih a person may apply for the removal of a disqualifiation any time after the onvition during whih the disqualifiation was suspended or he was not disqualified shall be disregarded. (3) Where an appliation under sub-paragraph (1) is refused, a further appliation thereunder shall not be entertained if made within 3 months after the date of the refusal. (4) If under this paragraph a ourt orders a disqualifiation to be removed, the ourt shall ause partiulars of the order to be endorsed on the liene, if any, previously held by the appliant and the ourt shall in any ase have power to order the appliant to pay the whole or any part of the osts of the appliation. (5) The foregoing provisions of this paragraph shall not apply where the disqualifiation was imposed by order under paragraph 11(5), setion 4(8) of the Road Traffi At 1967 or setion 55 (3) of the Road Traffi At [P1972/20/96] Disqualifiation of persons under age 15. A person who under setion 4 is prohibited by reason of his age from driving a motor vehile or a motor vehile of any lass is disqualified for holding or obtaining a liene other than a liene authorising him to drive suh motor vehiles, if any, as he is not by setion 4 forbidden to drive. Page 112 AT 23 of 1985

113 Road Traffi At 1985 Shedule 3 Disqualifiation to prevent dupliation of lienes [P1972/20/97] 16. A person is disqualified for obtaining a liene authorising him to drive a motor vehile of any lass so long as he is the holder of another liene authorising him to drive a motor vehile of that lass, whether the liene is suspended or not. Effet of disqualifiation [P1972/20/98; P1974/50/13(1) and Sh 3] 17. (1) Where the holder of a liene is disqualified by an order of a ourt, the liene shall be treated as being revoked with effet from the beginning of the period of disqualifiation; and for this purpose, if the holder of the liene appeals against the order and the disqualifiation is suspended under paragraph 12 the period of disqualifiation shall be treated as beginning on the day on whih the disqualifiation eases to be suspended. (2) A liene obtained by any person who is disqualified shall be of no effet. (3) Notwithstanding anything in this Shedule, a person disqualified by order of a ourt under paragraph 11(5), setion 4(8) of the Road Traffi At 1967 or setion 55(3) of the Road Traffi At 1963 shall (unless he is disqualified otherwise than by virtue of suh an order) be entitled to obtain and to hold a provisional liene and to drive a motor vehile in aordane with the onditions subjet to whih the provisional liene is granted. Offene of obtaining liene, or driving, while disqualified [P1972/20/99] 18. If a person disqualified for holding or obtaining a liene obtains a liene while he is so disqualified, or while he is so disqualified drives on a road a motor vehile, or if the disqualifiation is limited to the driving of a motor vehile of a partiular lass, a motor vehile of that lass, he shall be guilty of an offene. Arrest without warrant of persons driving while disqualified [1974/10/34; P1972/20/100] 19. A onstable in uniform may arrest without warrant any person driving or attempting to drive a motor vehile on a road whom he has reasonable ause to suspet of being disqualified Endorsement of lienes [P1972/20/101; P1981/56/9/6-12] 20. (1) Subjet to sub-paragraph (2), where a person is onvited of an offene under a provision speified in olumn 1 of Part I of Shedule 6 in relation to whih there appears in olumn 6 of that Part the word AT 23 of 1985 Page 113

114 Shedule 3 Road Traffi At 1985 obligatory or the word obligatory qualified by onditions relating to the offene; and where the said word obligatory is so qualified, the onditions are satisfied in the ase of the offene of whih he is onvited; or where a person is onvited of an offene speified in Part II or Part III of that Shedule (any suh offene being in this paragraph referred to as an offene involving obligatory endorsement ), the ourt shall order that there shall be endorsed on any liene held by him partiulars of the disqualifiation, and, if the ourt does not order him to be disqualified, the partiulars and penalty points required by paragraph 12(l); and the endorsement may be produed as prima faie evidene of the matters endorsed. (2) If the ourt does not order the said person to be disqualified, the ourt need not make an order under sub-paragraph (1) if for speial reasons it thinks fit not to do so. (3) An order that any partiulars or penalty points are to be endorsed on any liene held by the onvited person shall, whether he is at the time the holder of a liene or not, operate as an order that any liene he may then hold or may subsequently obtain shall be so endorsed until he beomes entitled under subparagraph (7) to have a liene issued to him free from the partiulars. (4) A person who is proseuted for an offene involving obligatory endorsement and who is the holder of a liene shall either () ause it to be delivered to the lerk of the ourt not later than the day before the date appointed for the hearing, or post it, at suh a time that in the ordinary ourse of post it would be delivered not later than that day, in a letter duly addressed to the lerk and either registered or sent by the reorded delivery servie, or have it with him at the hearing, and if he is onvited of the offene and the ourt makes an order under subparagraph (1), the ourt shall require the liene to be produed to it for endorsement; and if the offender has not posted the liene or aused it to be delivered as aforesaid and does not produe it as required, he shall be guilty of an offene, and the liene shall be suspended from the time when its prodution was required until it is produed to the ourt and shall, while suspended, be of no effet. (5) On the issue of a new liene to a person, any partiulars or penalty points ordered to be endorsed on any liene held by him shall be entered on the liene unless he has beome entitled under sub-paragraph (7) to have a liene issued to him free from those partiulars or penalty points. (6) If a person whose liene has been ordered to be endorsed with any partiulars or penalty points and who has not previously beome entitled under subparagraph (7) to have a liene issued to him free from those partiulars or penalty Page 114 AT 23 of 1985

115 Road Traffi At 1985 Shedule 3 points applies for or obtains a liene without giving partiulars of the order, he shall be guilty of an offene and any liene so obtained shall be of no effet. (7) A person whose liene has been ordered to be endorsed (whether under this paragraph or a previous enatment) shall be entitled to have a new liene issued to him free from the endorsement if, after the end of the period for whih the endorsement remains effetive, he applies for a new liene in pursuane of paragraph 6(l), surrenders any subsisting liene, pays the presribed fee and satisfies the other requirements of that paragraph. (8) An endorsement ordered on a person s onvition remains effetive if an order is made for the disqualifiation of the offender, until 4 years have elapsed sine the onvition; and if no suh order is made, until either 4 years have elapsed sine the ommission of the offene or suh an order is made; but if the offene was one under setion 1 or 2 the endorsement remains in any ase effetive until 4 years have elapsed sine the onvition, and if it was one mentioned in paragraph 11(3) or, the endorsement remains effetive until 11 years have elapsed sine the onvition. 293 Supplementary provisions as to disqualifiations and endorsements [P1972/20/105] 21. (1) In any ase where a ourt exerises its power under paragraph 11, 12 or 20 not to order any disqualifiation or endorsement or to order disqualifiation for a shorter period than would otherwise be required, it shall state the grounds for doing so in open ourt and, if it is a ourt of summary jurisdition, shall ause them to be entered in the Order Book required to be kept under setion 78 of the Summary Jurisdition At (2) Where a ourt orders partiulars to be endorsed on a liene held by a person, or where by an order of a ourt a person is disqualified, the ourt shall send notie of the order to the Department, and, in a ase where a person is so disqualified, shall also on the prodution of the liene for the purpose of endorsement retain the liene and forward it to the Department, and the Department shall keep the liene until the disqualifiation has expired or been removed and the person entitled to the liene has made a demand in writing for its return to him. 295 (3) Where on an appeal against any suh order the appeal is allowed, the ourt by whih the appeal is allowed shall send notie thereof to the Department. 296 (4) Where a person is disqualified by order of a ourt under paragraph 11(5), setion 4(8) of the Road Traffi At 1967 or setion 55(3) of the Road Traffi At 1963, then, on the return to him of any liene held by him, or on the issue to him of a liene there shall be added to the endorsed partiulars of the disqualifiation a statement that the person disqualified has, sine the order was made, passed the presribed test. AT 23 of 1985 Page 115

116 Shedule 3 Road Traffi At 1985 Reiproal enforement of driving disqualifiations 21A. (1) This paragraph applies where it appears to the Department that provision is or will be made by the law of any ountry or territory outside the Island that, where a person is disqualified by an order of a ourt under this Shedule, he is thereby prohibited from driving a motor vehile, or from holding or obtaining a permit to drive a motor vehile, in that ountry or territory, whether the prohibition applies in all ases where he is disqualified, or in ases where he is disqualified only by virtue of being onvited of ertain offenes, or in other limited irumstanes. (2) The Department may by order provide that, where an order or diretion of a ourt or publi authority in the ountry or territory in question prohibits a person from driving a motor vehile, or from holding or obtaining a permit to drive a motor vehile, in that ountry or territory, he is thereby disqualified for suh period as may be determined in aordane with the order under this sub-paragraph. (3) An order under sub-paragraph (2) may inlude provision () (d) (e) that a person is not disqualified by virtue of the order exept where he has been onvited in the ountry or territory of an offene, or an offene of a desription, speified in the order, or in other limited irumstanes so speified; that any provision of this At speified in the order shall apply in relation to a disqualifiation by virtue of the order as it applies in relation to a disqualifiation by virtue of an order of a ourt in the Island, subjet to suh modifiations as may be so speified; for evidene of an order or diretion of a ourt or publi authority in the ountry or territory in question to be given by a ertifiate or in suh other manner as may be speified in the order; for requiring the Department to notify an authority in the ountry or territory in question of an order or deision, notie of whih is sent to the Department under paragraph 21(2) or (3); for the surrender and disposal of any liene or permit to drive; and the order may inlude suh inidental, supplemental, onsequential and transitional provision as appears to the Department to be neessary or expedient for the purposes of the order. 297 [P1972/20/107] Regulations for purposes of Part II 22. (1) The Department may make regulations for the purpose of arrying this Shedule into effet, and in partiular, but without prejudie to the generality of the foregoing provisions, may make regulations with respet to lienes, Page 116 AT 23 of 1985

117 Road Traffi At 1985 Shedule 4 () (d) (e) (f) the making of any partiulars available for use by the polie with respet to any persons who are disqualified or whose lienes are suspended or endorsed, the preventing of a person holding more than one liene, the failitating of identifiation of holders of lienes, and the providing for the issue of a new liene in the plae of a liene lost or defaed on payment of the presribed fee, the effet of a hange in the lassifiation of motor vehiles for the purposes of this Shedule on lienes then in fore or issued or on the right to or the granting of lienes thereafter. 298 (2) [Repealed] 299 [P1972/20/110] Interpretation 23. In this Shedule disqualified means disqualified for holding or obtaining a liene, and disqualifiation shall be onstrued aordingly; extended test means the test of ompetene to drive modified so that the time during whih the person taking the test drives on roads is not less than 60 minutes; 300 liene means a liene to drive a motor vehile granted under Part I; offene involving obligatory disqualifiation has the meaning assigned to it by paragraph 11(l); offene involving disretionary disqualifiation has the meaning assigned to it by paragraph 11(2); provisional liene means a liene granted by virtue of paragraph 6(2); regulations means regulations made under paragraph 22; test of ompetene to drive means suh a test onduted under paragraph 2. SCHEDULE 4 DRIVING INSTRUCTION Setion 35 [1974/10/1] Register of approved driving instrutors 1. The Department may make arrangements for ompiling and maintaining a register of persons approved by it as qualified to give instrution in the driving of motor vehiles (in this Shedule referred to as the register ). 301 AT 23 of 1985 Page 117

118 Shedule 4 Road Traffi At 1985 Power to presribe form of ertifiate of registration, et [1974/10/2; P1972/20/135] 2. (1) The Department may by regulations presribe all or any of the following, that is to say, a form of ertifiate for issue to persons whose names are in the register as evidene of their names being therein, a form of badge for use by suh persons and an offiial title for suh use. 302 (2) If a person whose name is not in the register takes or uses a title presribed under this paragraph, or wears or displays a badge or ertifiate so presribed, or takes or uses any name, title, addition or desription implying that his name is in the register; or being a person arrying on business in the provision of instrution in the driving of motor vehiles, uses a title or desription so presribed in relation to any person employed by him whose name is not in the register, or issues any advertisement or invitation alulated to mislead with respet to the extent to whih persons whose names are in the register are employed by him, then, unless he proves that he did not know, and had no reasonable ause to believe, that his name, or as the ase may be, that of the person employed by him, was not in the register at the material time, he shall be guilty of an offene. Driving instrution for payment to be given only by registered or liensed persons [1974/10/3; P1972/20/126] 3. (1) No paid instrution shall be given in the driving of a motor ar or any other motor vehile of a lass presribed by regulations unless the name of the person giving the instrution is in the register or he is the holder of a urrent liene granted under this Shedule authorising him to give suh instrution. 303 (2) However, if instrution in the driving of a motor vehile mentioned in sub-paragraph (1) is given to a person who is not the holder of a urrent liene to drive a motor vehile granted under Shedule 3 (other than a provisional liene within the meaning of that Shedule); and by, or in pursuane of arrangements made by, a person arrying on business in the supply of motor vehiles, and in onnetion with the supply of a motor vehile in the ourse of that business, suh instrution is treated as paid instrution, irrespetive of whether or not it is atually given free of harge. 304 (3) If instrution is given in ontravention of sub-paragraph (1), the person by whom it is given, and, if that person is employed by another to give that instrution, that other, as well as that person, shall be guilty of an offene. Page 118 AT 23 of 1985

119 Road Traffi At 1985 Shedule 4 (4) In proeedings against a person for an offene under sub-paragraph (3), it shall be a defene for him to prove that he did not know, and had no reasonable ause to believe, that his name or, as the ase may be, that of the person employed by him was not in the register at the material time. (5) Any referene in this Shedule to a urrent liene is a referene to a liene whih has not expired and has not been anelled, revoked or suspended. (6) Subjet to sub-paragraphs (2) and (7), in sub-paragraph (1), instrution is paid instrution if instrution is given in return for any valuable onsideration in money or money s worth provided or to be provided, by or in respet of the person to whom the instrution is given. 305 (7) Instrution whih is given in pursuane of arrangements under whih the onsideration is provided (either wholly or partly and whether diretly or indiretly) for or in respet of () the supply of a vehile for the instrution; any expense inurred in supplying or running the vehile used for the instrution; any expense inurred by the instrutor in respet of the instrution, shall be deemed to be paid instrution. 306 (8) Instrution that is given as part of a ommerial promotion shall be deemed to be paid instrution. 307 Exemption from prohibition imposed by paragraph [1974/10/4; P1972/20/127] 4. (1) Paragraph 3(1) does not apply to the giving of instrution by a polie instrutor in pursuane of arrangements made by the Chief Constable; a member of the fire brigade (within the meaning of the Fire Servies At 1984) in pursuane of arrangements made by the Chief Fire Offier (within the meaning of that At), where the duties of that member onsist of or inlude, or have onsisted of or inluded, the giving of instrution in the driving of motor vehiles to other suh members. 309 (2) In this paragraph polie instrutor means a person who is a onstable whose duties onsist of or inlude, or have onsisted of or inluded the giving of instrution in the driving of motor vehiles to onstables; or 310 a ivilian in the servie of the Department of Home Affairs and employed for the purpose of giving suh instrution to onstables. 311 AT 23 of 1985 Page 119

120 Shedule 4 Road Traffi At 1985 Stop noties 312 4A. (1) The Registrar may serve a notie in respet of a person, to be known as a stop notie, if it appears to the Registrar that the person is giving or has given instrution in the driving of a motor vehile in ontravention of paragraph 3(1); and the Registrar onsiders it expedient to do so. (2) Before serving a stop notie, the Registrar must notify the person in writing of the partiulars of the grounds on whih the Registrar is onsidering serving the stop notie and that the person has 28 days in whih to make representations to the Registrar; and take into onsideration any suh representations made, and if the Registrar deides not to serve a stop notie he or she must give further notie to the person. (3) If the Registrar deides to serve a stop notie he or she must speify the period, whih must not exeed 2 years, for whih it is to apply and must serve it on the person. (4) A stop notie is served by sending it by reorded delivery to the usual or last known address of the person in respet of whom it is to apply. (5) A stop notie takes effet where no appeal under the following provisions is brought against the deision within the time limited for the appeal, on the expiration of that time; where suh an appeal is brought and is withdrawn, struk out or dismissed, when it is so withdrawn, struk out or dismissed. (6) Where a stop notie has taken effet in aordane with this paragraph, a person on whom the notie was served ommits an offene if the person gives instrution in the driving of a motor vehile, whether or not that instrution is restrited by paragraph 3(1), other than to a lose relative. (7) In proeedings for an offene under subparagraph (6) it is a defene for the aused to satisfy the ourt that the stop notie was not served on the person; and the person did not know, and ould not reasonably have been expeted to know, of its existene. (8) A stop notie eases to have effet if the Registrar withdraws the stop notie and serves notie of the withdrawal on the person on whom the stop notie was served but this sub-paragraph does not affet any liability for an offene ommitted before the stop notie eased to have effet. Page 120 AT 23 of 1985

121 Road Traffi At 1985 Shedule 4 (9) In this paragraph lose relative means the person s () (d) spouse or ivil partner, or a hild of suh person; hild or parent, or spouse or ivil partner of suh person; grandhild or grandparent; brother or sister, or hild, spouse or ivil partner of suh person; (e) unle or aunt, or hild of suh person. 313 The register and registration and duration thereof [1974/10/5; P1972/20/128] 5. (1) An appliation for the entry of a person s name in the register shall be made, in a manner determined by the Department, aompanied by partiulars so determined, to the offier of the Department by whom, on behalf of the Department the register is ompiled and maintained (in this Shedule referred to as the Registrar ); and the Registrar shall, on payment of suh fee, if any, as may be presribed, enter in the register the name of a person who duly applies for the entry of his name therein if that person satisfies the Registrar that the following onditions are fulfilled in his ase () (d) that he has passed suh examination of ability to give instrution in the driving of motor vehiles as may be presribed 314 ; that he is the holder of a urrent liene to drive a motor vehile granted under Shedule 3 (not being a provisional liene within the meaning of that Shedule) and, at no time during the period of 4 years ending with the day on whih the appliation is made, did he not hold one or other of the following lienes, namely a urrent liene and a urrent foreign liene, that is to say a doument issued under the law of a ountry outside the Island authorising the holder to drive a motor vehile in that ountry; that he has not, during any part of the said period, been disqualified under paragraph 11 or 12 of Shedule 3 for holding or obtaining a liene to drive a motor vehile granted under that Shedule; and that, apart from fulfilment of the foregoing onditions, he is a fit and proper person to have his name entered in the register. (2) The entry of a person s name in the register shall be subjet to the ondition that, so long as the name is therein, that person will, if at any time required by the Registrar, undergo the test presribed by regulations of ontinued ability and fitness to give instrution in the driving of motor vehiles. 315 (3) Regulations may provide that persons of suh lass as may be speified therein shall be exempt from the ondition speified in sub-paragraph (1) as regards suh part of the examination mentioned in that paragraph as may be so speified. AT 23 of 1985 Page 121

122 Shedule 4 Road Traffi At 1985 (4) A person registered to give instrution in the driving of motor ars under Part V of the Road Traffi At 1988 (of Parliament) is exempt from the ondition speified in sub-paragraph (1) in relation to those vehiles. 316 (5) The Registrar shall, on making a deision on an appliation under subparagraph (1), give notie in writing of the deision to the appliant whih, in the ase of a deision to refuse the appliation, shall state the grounds for the refusal. (6) Unless previously removed under the following provisions of this Shedule, the name of a person shall be removed from the register at the end of the period of 4 years beginning with the first day of the month next after that in whih the entry of the name was made, but if an appliation for the retention of the name in the register is made under paragraph 6 before the end of that period, the name shall not be removed exept in pursuane of a deision of the Registrar having effet under that paragraph. (7) A person whose name has been removed from the register under subparagraph (6) who applies under sub-paragraph (1) for his name to be entered again in the register, shall be required again to pass the examination mentioned in subparagraph (1), unless the appliation is made before the end of the period of one year beginning with the end of the said period of 4 years. Extension of duration of registration [1974/10/6; P1972/20/129] 6. (1) If, before the end of the period of 4 years at the end of whih the name of a person is, by paragraph 5, to be removed from the register, he makes appliation to the Registrar, in a manner determined by the Department, aompanied by partiulars so determined, for the retention of his name in the register for a further period of 4 years, he shall be entitled, on payment of suh fee, if any, as may be presribed, to have his name retained therein for that further period, if he satisfies the Registrar that the following onditions are fulfilled in his ase () (d) that he has not refused to undergo any suh test as is mentioned in paragraph 5(2) whih he has been required to undergo during the period first mentioned in this sub-paragraph; that his ability and fitness to give instrution in the driving of motor vehiles ontinue, having regard to any suh test or tests as aforesaid whih he has undergone during the said period, to be of a satisfatory standard 317 ; that he is the holder of a urrent liene as speified in paragraph 5(l) and at no time during the said period has he held no suh urrent liene; that he has not during any part of the said period been disqualified under paragraph 11 of Shedule 3 for holding or obtaining a liene to drive a motor vehile granted under that Shedule; and Page 122 AT 23 of 1985

123 Road Traffi At 1985 Shedule 4 (e) that, apart from fulfilment of the foregoing onditions, he ontinues to be a fit and proper person to have his name entered in the register. 318 (2) The retention of a person s name under this paragraph shall be subjet to the ondition mentioned in paragraph 5(2). (3) Before refusing an appliation under sub-paragraph (1), the Registrar shall give to the appliant written notie stating that he is onsidering the refusal of the appliation and giving partiulars of the grounds on whih he is onsidering it; and the appliant may, within the period of 28 days beginning with the day on whih the notie is given, make representations with respet to the proposed refusal; and the Registrar shall not deide to refuse the appliation until after the expiration of the said period, and before deiding whether or not to do so, he shall take into onsideration any suh representations made by the appliant within the said period. (4) The Registrar, on making a deision under sub-paragraph (3), shall give notie in writing of the deision to the person onerned, and a deision to refuse an appliation shall take effet () where no appeal under the following provisions is brought against the deision within the time limited for the appeal, on the expiration of that time; where suh an appeal is brought and is withdrawn or struk out for want of proseution, on the withdrawal or striking out of the appeal; where suh an appeal is brought and not withdrawn or struk out, if and when the appeal is dismissed, and not otherwise. (5) Where a person s name is retained in the register under subparagraph (1), that sub-paragraph and paragraph 5(6) shall have effet in relation to him, with respet to eah suessive period of 4 years, as if any referene therein to the first day of the month next after that in whih the entry of a person s name in the register was made were a referene to the day with whih began the last further period for whih his name was retained under sub-paragraph (1). Removal of names from register [1974/10/7; P1972/20/130] 7. (1) The Registrar may remove the name of a person from the register if the Registrar is satisfied, either in a ase where the name has not been retained therein under paragraph 6 that, at any time sine the entry of the name was made, or, in a ase where the name has been retained as aforesaid, that, at any time sine it was last retained, any of the following onditions was fulfilled in the ase of that person that he did not hold a urrent liene of a kind speified in paragraph 5(l); that he was disqualified under paragraph 11 or 12 of Shedule 3 for holding or obtaining a liene to drive a motor vehile under that Shedule; AT 23 of 1985 Page 123

124 Shedule 4 Road Traffi At 1985 () (d) (e) that he refused to undergo a test suh as is mentioned in paragraph 5(2); that he failed to pass suh a test; that he eased, apart from fulfilment of any of the foregoing onditions, to be a fit and proper person to have his name inluded on the register; or if the entry of his name in the register, or the retention of his name therein, was made by mistake or proured by fraud. (2) Before removing the name of a person from the register under this paragraph, the Registrar shall give to the person onerned written notie stating that he is onsidering the removal and giving partiulars of the grounds on whih he is onsidering it; and that person may, within the period of 28 days beginning with the day on whih the notie is given, make representations with respet to the proposed removal; and the Registrar shall not deide to remove the name from the register until after the expiration of the said period and, before deiding whether or not to do so, shall take into onsideration any suh representations made by the person onerned within the said period. (3) The Registrar shall, on making a deision to remove a name from the register, give notie in writing of the deision to the person onerned, and paragraph 6(4) shall apply for the purpose of determining when (if at all) the deision takes effet as it does for the purpose of determining when (if at all) a deision to refuse an appliation under paragraph 6 takes effet. [P1972/20/131; 1974/10/8] Lienes 8. (1) For the purpose of enabling a person to aquire pratial experiene of giving instrution in driving motor vehiles with a view to undergoing the examination referred to in paragraph 5(l) the Registrar may grant a liene to give instrution. 319 (2) Before granting a liene under this paragraph, the Registrar must be satisfied that the onditions set out in paragraph 5(l), () and (d); and suh other onditions as to whih the Registrar is required by or under this Shedule to be satisfied for the grant of a liene, are fulfilled by the appliant for the liene. 320 (2A) Appliations for a liene shall be made in a manner determined by the Department and shall be aompanied by suh partiulars as are so determined; and suh fee as may be presribed. 321 Page 124 AT 23 of 1985

125 Road Traffi At 1985 Shedule 4 (2B) A liene under sub-paragraph (1) enables the holder of the liene to give instrution in the driving of a motor vehile, being instrution the giving of whih is restrited by paragraph (3) The Registrar shall, on making a deision on an appliation under subparagraph (1), give notie in writing of the deision to the appliant, whih, in the ase of a deision to refuse the appliation, shall state the grounds of the refusal. (4) A liene under this paragraph shall be in suh form, in fore for suh period, and granted subjet to suh onditions, as may be presribed. (5) Notwithstanding any provision of regulations made under subparagraph (4) presribing the period for whih a liene is to be in fore, where a person applies for a new liene in substitution for a liene held by him and urrent at the date of appliation, the previous liene shall not expire until the ommenement of the new liene, or, if the Registrar deides to refuse the appliation, until the time limited for an appeal under the following provisions of this Shedule against the deision has expired and, if suh an appeal is duly brought, it is finally disposed of. (6) Before deiding to refuse an appliation for a new liene in substitution for a liene urrent at the date of the appliation, the Registrar shall give to the appliant written notie stating that he is onsidering the refusal and giving partiulars of the grounds on whih he is onsidering it; and the appliant may, within the period of 14 days beginning with the day on whih the notie is given, make representations with respet to the proposed refusal; and the Registrar shall not deide to refuse the appliation until after the expiration of the said period and, before deiding whether or not to do so, he shall take into onsideration any suh representations made within that period. (7) If a person to whom a liene under this paragraph is granted fails to omply with any of the onditions subjet to whih it is granted, or if the Registrar is satisfied that, at any time sine the liene was granted, any of the following onditions was fulfilled in the ase of the said person that he did not hold a urrent liene of a kind speified in paragraph 5(l); or that he was disqualified under paragraph 11 or 12 of Shedule 3 for holding or obtaining a liene to drive a motor vehile under that Shedule; or () that he eased, apart from fulfilment of either of onditions or, to be a fit and proper person to have his name in the register, or if the liene was granted by mistake or proured by fraud, the Registrar may revoke the liene, but before doing so he shall give to that person written notie stating that he is onsidering the revoation and giving partiulars of the grounds on whih he is onsidering it; and that person may, within the period of 14 days, beginning with the day on whih the notie is given, make representations with respet to the proposed revoation; and the Registrar shall not deide to revoke the liene until after the expiration of the said period and, before deiding whether or not to do so, he shall take into onsideration any suh representations made within that period. AT 23 of 1985 Page 125

126 Shedule 4 Road Traffi At 1985 (8) The Registrar shall, on making a deision to revoke a liene granted under this paragraph, give notie in writing of the deision to the person onerned, and paragraph 6(4) shall apply for the purpose of determining when (if at all) the deision takes effet as it does for the purpose of determining when (if at all) a deision to refuse an appliation under paragraph 6(l) takes effet. Appeals 9. (1) A person who is aggrieved by a deision of the Registrar () (d) (e) (f) to serve a stop notie; to refuse an appliation for the entry of his or her name in the register; to refuse an appliation for the retention of his or her name in the register; to remove his or her name from the register; to refuse an appliation for the grant of a liene; or to revoke suh a liene, may by notie in writing appeal by giving notie to the Department to be reeived within 28 days of notie of the deision being given in aordane with this Shedule. (2) The appeal shall be onduted by an independent adjudiator appointed by the Appointments Commission (within the meaning of setion 1 of the Tribunals At 2006) on suh terms as to remuneration and expenses as the Treasury shall determine, being a person onsidered by that Commission to be suitably qualified for suh appointment, and the adjudiator may be appointed to ondut one partiular appeal or for any suh appeal as may be made to the Department during a period determined by the Commission. (3) The Department may make rules about the proedure on appeals, inluding in partiular applying setion 63(1) to (4) (general provisions as to inquiries) to the appeals; and speify the form and ontents of the notie of appeal. (4) The Registrar is the respondent to the appeal and the appellant and the respondent may make representations on the appeal to the adjudiator. (5) On the appeal the adjudiator may make suh order for the upholding or quashing of the stop notie, for the entry, retention or removal of the name on the register or for the grant, ontinuation or revoation of the liene, as the ase may be, as he or she thinks fit. (6) An order under sub-paragraph (5) may diret that an appliation by the appellant for the grant of a liene under this Shedule or for his or her name to be entered in the register must not be entertained for a speified period of up to 4 years beginning with the day on whih the order is made. Page 126 AT 23 of 1985

127 Road Traffi At 1985 Shedule 4 (7) The adjudiator may make suh order as to osts as he or she thinks fit and where he or she has ertified an amount of osts to be paid by the appellant that amount is reoverable from the appellant by the Department as a ivil debt. 323 Examinations and tests of ability to give driving instrution [1974/10/10; P1972/20/133] 10. (1) The Department may make regulations about examinations of persons suitability to give instrution in the driving of motor vehiles of suh lasses as may be presribed and suh regulations may in partiular provide () (d) (e) for the examination to onsist of a theory test, and pratial tests of driving ability and fitness and instrutional ability and fitness; 324 for requiring a person submitting himself to any suh pratial test as aforesaid to provide a vehile for the purposes of the test, being a vehile in respet of whih suh onditions as may be speified in regulations are omplied with; for requiring a person applying to submit himself for suh an examination, to pay to the Registrar suh fee as may be speified in the regulations in relation to that examination or part; for preventing a person who fails to pass an examination or any part of it from submitting himself or herself to another suh examination or part of it before the expiration of suh period (not exeeding 12 months) as may be presribed 325 ; for requiring a person who desires to submit himself for suh an examination to supply the Registrar with suh partiulars as the Department may determine. 326 (2) On the appliation of a person who has submitted himself or herself for an examination in aordane with regulations made under this paragraph the Department may determine whether the examination, or any part of it, was properly onduted in aordane with the regulations. 327 (2A) If it appears to the Department that the examination, or any part of it, was not so onduted, the Department may delare the appliant eligible to submit himself or herself to another examination or, as the ase may be, part of the examination as if he or she had not submitted himself or herself to the examination or part held not to be properly onduted; and waive any fee that would otherwise be payable by the appliant in respet of the examination or part, or, if it has been paid, ause it to be refunded. 328 (3) No appeal shall lie under paragraph 9 in respet of whih an appliation may be made under sub-paragraph (2). AT 23 of 1985 Page 127

128 Shedule 4 Road Traffi At 1985 Power to alter onditions for entry or retention in, and removal from, register and grant or revoation of lienes [1974/10/11; P1972/20/134] 11. Regulations made by the Department may () alter or add to the onditions as to whih the Registrar is required by this Shedule to be satisfied for the entry of a name in the register, the retention of a name therein, the removal of a name therefrom, the grant of a liene and the revoation of a liene, or omit any of those onditions; alter the period at the expiration of whih a person s name whih is entered or retained in the register after the oming into fore of the regulations must, unless retained or further retained, be removed therefrom. without prejudie to the generality of the words fit and proper wherever used in this Shedule, speify irumstanes in whih a person shall be treated as not being a fit and proper person to be entered in or remain in the register. 329 Surrender of ertifiate and lienes [1974/10/12; P1972/20/136] 12. Where the name of a person to whom a ertifiate presribed under paragraph 2 has been issued is removed from the register in pursuane of this Shedule; or a liene granted under this Shedule to a person expires or is revoked; that person shall, if so required by the Registrar by notie in writing, surrender the ertifiate or liene, as the ase may be, to the Registrar within the period of 14 days beginning with that on whih the notie is given, and if he fails to do so, he shall be guilty of an offene. Prodution of ertifiate and lienes to onstables and authorised persons [1974/10/13] 13. (1) A person to whom a ertifiate presribed under paragraph 2 is issued, or to whom a liene under this Shedule is granted, shall, on being so required by a polie onstable or any person authorised in writing by the Department in that behalf, produe the ertifiate or liene for examination. 330 (2) Where the name of a person is removed from the register or a liene granted under this Shedule to a person expires or is revoked, then, if that person fails to satisfy an obligation imposed on him by paragraph 12, a polie onstable or a person authorised in writing by the Department in that behalf may require him to produe Page 128 AT 23 of 1985

129 Road Traffi At 1985 Shedule 4 any suh ertifiate issued to him or the liene, and upon its being produed may seize it and deliver it to the Registrar. 331 (3) If a person who is required under sub-paragraph (1) or (2) to produe a doument fails to do so, then, unless within 5 days beginning with the day next after that on whih the prodution of the doument was so required, it is produed he shall be guilty of an offene. where the requirement was made by a polie onstable, at suh polie station as, at the time the prodution was required, may have been speified by the person required to produe the doument; where the requirement was made by a person other than a polie onstable, at suh plae as the person by whom the requirement was made may at the time have speified; Evidene by ertifiate as to registration and lienes [1974/10/15; P1972/20/138] 14. (1) A ertifiate signed by the Registrar and stating that, on any date () (d) a person s name was, or was not, in the register; or the entry of a person s name was made in the register or a person s name was removed therefrom; or a person was, or was not, the holder of a urrent liene under paragraph 8; or a liene under paragraph 8 granted to a person ame into fore or eased to be in fore; shall be evidene of the fats stated in the ertifiate in pursuane of this paragraph. (2) A ertifiate made under sub-paragraph (1) and purporting to be signed by the Registrar shall be deemed to be so signed unless the ontrary is proved. [1974/10/16; P1972/20/139] Offenes by orporations 15. Where a body orporate is guilty of an offene under this Shedule and the offene is proved to have been ommitted with the onsent or onnivane of, or to be attributable to neglet on the part of, a diretor, manager, seretary or other similar offier of the body orporate, or a person who was purporting to at in any suh apaity, he, as well as the body orporate, shall be guilty of that offene and liable to be proeeded against and punished aordingly. Servie of noties For the purposes of setion 41 of the Interpretation At 1976 in its appliation to a notie authorised or required to be given by this Shedule, the address for servie of AT 23 of 1985 Page 129

130 Shedule 4 Road Traffi At 1985 suh a notie on a person whose name is inluded in the register shall be his address on the register. 17. to 19. [Repealed] In this Shedule Interpretation the register has the meaning assigned to it by paragraph 1; the Registrar has the meaning assigned to it by paragraph 5. Page 130 AT 23 of 1985

131 Road Traffi At 1985 Shedule 5 SCHEDULE 5 THIRD-PARTY LIABILITIES Setion 36 PART I COMPULSORY INSURANCE OR SECURITY AGAINST THIRD-PARTY RISKS Users of motor vehiles to be insured or seured against third-party risks [P1972/20/143] 1. (1) Subjet to the provisions of this Shedule, it shall not be lawful for a person to use, or to ause or permit any other person to use, a motor vehile on a road or other publi plae unless there is in fore in relation to the use of the vehile by that person or that other person, as the ase may be, suh a poliy of insurane or suh a seurity in respet of third-party risks as omplies with the requirements of this Shedule; and if a person ats in ontravention of this paragraph he shall be guilty of an offene. 334 (2) A person harged with using a motor vehile in ontravention of this paragraph shall not be onvited if he proves that the vehile did not belong to him and was not in his possession under a ontrat of hiring or of loan, that he was using the vehile in the ourse of his employment and that he neither knew nor had reason to believe that there was not in fore in relation to the vehile suh a poliy of insurane or seurity as is mentioned in sub-paragraph (1). (3) This Shedule shall not apply to invalid arriages. Exeptions from requirement of third-party insurane or seurity [P1972/20/144] 2. (1) Paragraph 1 shall not apply to a vehile owned by a person who has deposited and keeps deposited with the Treasury for and on behalf of Her Majesty the sum of 500,000, at a time when the vehile is being driven under the owner s ontrol. 335 (1A) The Department may by order amend sub-paragraph (1) by substituting suh amount as is speified in the order for the amount there speified (or the amount substituted for it by a previous order under this sub-paragraph). 336 (2) Paragraph 1 shall not apply to a vehile owned by a loal authority, at a time when the vehile is being driven under the owner s ontrol; to a vehile owned by the Department of Home Affairs at a time when the vehile is being driven under the owner s ontrol for polie purposes, or to a vehile at any time when it is being driven AT 23 of 1985 Page 131

132 Shedule 5 Road Traffi At 1985 () (d) for polie purposes by or under the diretion of a onstable, or by a person employed for polie purposes; 337 to a vehile at a time when it is being driven on a journey to or from any plae undertaken for salvage purposes pursuant to the Wrek and Salvage (Ships and Airraft) At 1979; or to the use of a vehile for the purpose of its being furnished in pursuane of a diretion under setion 166(2) of the Army At 1955 or under setion 166(2) of the Air Fore At 1955 (Ats of Parliament). Requirements in respet of poliies of insurane [1972/8/1; P1972/20/145; P1974/20(3)] 3. (1) In order to omply with the requirements of this Shedule a poliy of insurane must satisfy the following onditions. (2) The poliy must be issued by an authorised insurer. (3) Subjet to sub-paragraph (4), the poliy (aa) must insure suh person, persons or lasses of persons as may be speified in the poliy in respet of any liability whih may be inurred by him or them in respet of the death of, or bodily injury to, any person or damage to property aused by, or arising out of, the use of the vehile on a road or other publi plae in the Island; 338 must, in the ase of a vehile normally based in the territory of a member State of the Communities, insure him or them in respet of any ivil liability whih may be inurred by him or them as a result of an event related to the use of the vehile in the Island if, (i) (ii) aording to the law of that territory, he or they would be required to be insured in respet of a ivil liability whih would arise under that law as a result of that event if the plae where the vehile was used when the event ourred were in that territory, and the over required by that law would be higher than that required by paragraph above, and 339 must, in the ase of a vehile normally based in the Island, insure him or them in respet of any liability whih may be inurred by him or them in respet of the use of the vehile and of any trailer, whether or not oupled, in the territory of eah of the member states of the Communities aording to (i) the law on ompulsory insurane against ivil liability in respet of the use of vehiles of the State in whose territory the event giving rise to the liability ourred; or 340 Page 132 AT 23 of 1985

133 Road Traffi At 1985 Shedule 5 (ii) if it would give higher over, the law whih would be appliable under this Shedule if the plae where the vehile was used when that event ourred were in the Island. 341 (4) The poliy shall not, by virtue of sub-paragraph (3), be required () (d) (e) to over liability in respet of the death, arising out of and in the ourse of his employment, of a person in the employment of a person insured by the poliy or of bodily injury or damage to property sustained by suh a person arising out of and in the ourse of his employment; or to provide insurane for more than 250,000 in respet of all suh liabilities as may be inurred in respet of damage to property aused by, or arising out of, any one aident involving the vehile; or to over liability in respet of damage to the vehile; or to over liability in respet of damage to goods arried for hire or reward in or on the vehile or in or on any trailer (whether or not oupled) drawn by the vehile, or to over any liability of a person in respet of damage to property in his ustody or under his ontrol; or (f) to over any ontratual liability. 342 (4A) In the ase of a person arried in or upon a vehile, or entering or getting on to or alighting from, a vehile, the provisions of sub-paragraph (4) do not apply unless over in respet of the liability referred to in that paragraph is in fat provided pursuant to a requirement of the Employers Liability (Compulsory Insurane) At (5) The poliy must, in the ase of a poliy issued in respet of a motor vehile registered and liensed in the Island ontain a provision to the effet that suh poliy has been entered into in the Island and is subjet to the law of the Island and (in respet of ourrenes in the Island subjet to the provisions (if any) for arbitration in the Island therein ontained) may be enfored by proeedings taken in the ourts of the Island. (6) Where an authorised insurer issues a over note or notes for a limited period, suh over note or notes shall be deemed to be a poliy of insurane or ertifiate of insurane for suh period, and a liene may be issued in respet of the motor vehile speified in suh over note or notes. (7) Notwithstanding the provisions of sub-paragraph (6), unless the neessary poliy of insurane or ertifiate of insurane is produed to the Department before the expiration of the period in respet of whih suh over note or notes was issued, suh liene shall on the expiration of suh period be suspended until suh AT 23 of 1985 Page 133

134 Shedule 5 Road Traffi At 1985 poliy of insurane or ertifiate of insurane is so produed, and during suh suspension the liene shall be of no validity or effet. 344 (8) An authorised insurer shall not ease to be treated as suh for the purposes of this Shedule by reason of him easing to be a member of the Motor Insurers Bureau in relation to any poliy issued by the insurer before easing to be suh a member; or in relation to any obligation (whether arising before or after the insurer eased to be suh a member) whih the insurer may be alled upon to meet under or in onsequene of any suh poliy by virtue of making a payment in pursuane of suh an obligation. Requirements in respet of seurities [P1972/20/146; SI1973/2143/3 and 4] 4. (1) In order to omply with the requirements of this Shedule, a seurity must satisfy the following onditions. (2) The seurity must be given either by an authorised insurer or by some body of persons whih arries on in the Island or the United Kingdom the business of giving seurities of a like kind and whih has deposited and keeps deposited with the Treasury for and on behalf of Her Majesty the sum of 100,000 in respet of that business. 345 (3) Subjet to sub-paragraph (4), the seurity must onsist of an undertaking by the giver of the seurity to make good, subjet to any onditions speified therein, any failure by the owner of the vehile or suh other persons or lasses of persons as may be speified in the seurity duly to disharge any liability whih may be inurred by him or them, being a liability required under paragraph 3 to be overed by a poliy of insurane. (4) In the ase of liabilities arising out of the use of a motor vehile on a road or other publi plae in the Island the amount seured need not exeed in the ase of an undertaking relating to the ommerial use of passenger vehiles (within the meaning of the Road Transport At 2001), 150,000; 346 in any other ase, 30, (5) The Department may from time to time by regulations substitute suh other sums for the sums speified in paragraph 2(l) and sub-paragraphs (2) and (4) as may be speified in the regulations. 348 Issue and surrender of ertifiate of insurane or seurity [P1972/20/147] 5. (1) A poliy of insurane shall be of no effet for the purposes of this Shedule unless and until there is delivered by the insurer to the person by whom the Page 134 AT 23 of 1985

135 Road Traffi At 1985 Shedule 5 poliy is effeted a ertifiate (in this Shedule referred to as a ertifiate of seurity ) in the presribed form and ontaining suh partiulars of any onditions subjet to whih the poliy is issued and of any other matters as may be presribed. (2) A seurity shall be of no effet for the purposes of this Shedule unless and until there is delivered by the person giving the seurity to the person to whom it is given a ertifiate (in this Shedule referred to as a ertifiate of seurity ) and the presribed form and ontaining suh partiulars of any onditions subjet to whih the seurity is issued and of any other matters as may be presribed. (3) Where a ertifiate has been delivered under this paragraph and the poliy or seurity to whih it relates is anelled by mutual onsent or by virtue of any provision in the poliy or seurity the person to whom the ertifiate was delivered shall, within 7 days from the taking effet of the anellation, surrender the ertifiate to the person by whom the poliy was issued or the seurity was given or, if the ertifiate has been lost or destroyed, make a statutory delaration to that effet, and a person who fails to omply with this sub-paragraph shall be guilty of an offene. (4) [Repealed] 349 (5) Where the Department has reason to believe that under subparagraph (3) a poliy or seurity has been anelled, it may in writing require the person formerly insured under the poliy or seurity to produe to the Department within 7 days evidene that the poliy or seurity is still in fore or a further poliy or seurity, or to provide adequate reason why suh a poliy or seurity is no longer required and if the person fails so to produe suh evidene, or a further poliy or seurity, or to provide suh reason, he shall be guilty of an offene. 350 Avoidane of ertain exeptions to poliies or seurities and of ertain agreements, et, as to risks required to be overed thereby [1972/8/1; P1972/20/148] 6. (1) Subjet to sub-paragraph (2), where a ertifiate of insurane or ertifiate of seurity has been delivered under paragraph 5 to the person by whom a poliy has been effeted or to whom a seurity has been given, so muh of the poliy or seurity as purports to restrit, as the ase may be, the insurane of the persons insured by the poliy or the operation of the seurity by referene to any of the following matters () (d) (e) (f) the age or physial or mental ondition of persons driving the vehile, or the ondition of the vehile, or the number of persons that the vehile arries, or the weight or physial harateristis of the goods that the vehile arries, or the times at whih or the areas within whih the vehile is used, or the horsepower or ylinder apaity or value of the vehile, or AT 23 of 1985 Page 135

136 Shedule 5 Road Traffi At 1985 (g) (h) the arrying on the vehile of any partiular apparatus, or the arrying on the vehile of any partiular means of identifiation other than any means of identifiation required to be arried by or under the Liensing and Registration of Vehiles At 1969, shall, as respets suh liabilities as are required to be overed by a poliy under paragraph 3, be of no effet. (2) Nothing in sub-paragraph (1) shall require an insurer or the giver of a seurity to pay any sum in respet of the liability of any person otherwise than in or towards the disharge of that liability, and any sum paid by an insurer or the giver of a seurity in or towards the disharge of any liability of any person whih is overed by the poliy or seurity by virtue only of sub-paragraph (1) shall be reoverable by the insurer or giver of the seurity from that person. (3) Subjet to sub-paragraph (4), a ondition in a poliy or seurity issued or given for the purposes of this Shedule providing that no liability shall arise under the poliy or seurity, or that any liability so arising shall ease, in the event of some speified thing being done or omitted to be done after the happening of the event giving rise to a laim under the poliy or seurity, shall be of no effet in onnetion with suh liabilities as are required to be overed by a poliy under paragraph 3. (4) Nothing in sub-paragraph (3) shall be taken to render void any provision in a poliy or seurity requiring the person insured or seured to pay to the insurer or the giver of the seurity any sums whih the latter may have beome liable to pay under the poliy or seurity and whih have been applied to the satisfation of the laims of third parties. (5) Where a person uses a motor vehile in irumstanes suh that under paragraph 1 there is required to be in fore in relation to his use of it suh a poliy of insurane or seurity as is mentioned in paragraph 1(1), then, if any other person is arried in or upon the vehile while the user is so using it, any anteedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effet so far as it purports or might be held to negative or restrit any suh liability of the user in respet of persons arried in or upon the vehile as is required by paragraph 3 to be overed by a poliy of insurane; or to impose any onditions with respet to the enforement of any suh liability of the user; and the fat that a person so arried has willingly aepted as his the risk of negligene on the part of the user shall not be treated as negativing any suh liability of the user. (6) For the purposes of sub-paragraph (5) referenes to a person being arried in or upon a vehile inlude referenes to a person entering or getting on to, or alighting from, the vehile, and the referene to an anteedent agreement is to one made at any time before the liability arose. Page 136 AT 23 of 1985

137 Road Traffi At 1985 Shedule 5 (7) Notwithstanding anything in any enatment, a person issuing a poliy of insurane under paragraph 3 shall be liable to indemnify the persons or lasses of persons speified in the poliy in respet of any liability whih the poliy purports to over in the ase of those persons or lasses of persons. (8) To the extent that a poliy or seurity issued or given for the purposes of this Shedule restrits the insurane of the persons insured by the poliy or the operation of the seurity to use of the vehile for speified purposes (for example, soial, domesti and pleasure purposes) of a non-ommerial harater; or exludes from the insurane or the operation of the seurity (i) (ii) (iii) use of the vehile for hire or reward; or business or ommerial use of the vehile; or use of the vehile for speified purposes of a business or ommerial harater, then for the purposes of the poliy or seurity so far as it relates to suh liabilities as are required to be overed by a poliy under paragraph 3, the use of the vehile on a journey in the ourse of whih one or more passengers are arried at separate fares shall, if the onditions speified in setion 4(4) of the Road Transport At 2001 are satisfied, be treated as falling within that restrition or as not falling within that exlusion, as the ase may be. 351 (9) Sub-paragraph (8) applies however the restritions or exlusions desribed in that sub-paragraph are framed or worded. 352 Duty of insurers or persons giving seurity to satisfy judgment against persons insured or seured against third-party risks. [P1972/20/149] 7. (1) This paragraph applies where, after a ertifiate of insurane or a ertifiate of seurity has been delivered under paragraph 5 to the person by whom the poliy has been effeted or to whom a seurity has been given, a judgment to whih this sub-paragraph applies is obtained. 353 (1A) Sub-paragraph (1) applies to judgments relating to a liability with respet to any matter, liability with respet to whih is required to be overed by a poliy of insurane under paragraph 3 if it is a liability overed by the terms of a poliy or seurity to whih the ertifiate relates, and the judgment is obtained against any person who is insured by the poliy or whose liability is overed by the seurity, as the ase may be; or it is a liability, other than an exluded liability, whih would be so overed if the poliy insured all persons or, as the ase may be, the seurity overed the liability of all persons, and the judgment is obtained against any person other than one who is insured by AT 23 of 1985 Page 137

138 Shedule 5 Road Traffi At 1985 the poliy or, as the ase may be, whose liability is overed by the seurity. 354 (1B) In deiding for the purpose of sub-paragraph (1A) whether a liability is or would be overed by the terms of a poliy or seurity, so muh of the poliy or seurity as purports to restrit, as the ase may be, the insurane of the persons insured by the poliy or the operation of the seurity by referene to the holding by the driver of the vehile of a liene authorising him to drive it shall be treated as of no effet. 355 (1C) In sub-paragraph (1A) exluded liability means a liability in respet of the death of, or bodily injury to, or damage to the property of any person who, at the time of the use whih gave rise to the liability, was allowing himself to be arried in or upon the vehile and knew or had reason to believe that the vehile had been stolen or unlawfully taken, not being a person who did not know and had no reason to believe that the vehile had been stolen or unlawfully taken until after the ommenement of his journey and ould not reasonably have been expeted to have alighted from the vehile. In this sub-paragraph a referene to a person being arried in or upon a vehile inludes a referene to a person entering or getting on to, or alighting from, the vehile. 356 (1D) Notwithstanding that the insurer may be entitled to avoid or anel, or may have avoided or anelled, the poliy or seurity, he shall, subjet to the provisions of this paragraph, pay to the persons entitled to the benefit of the judgment as regards liability in respet of death or bodily injury, any sum payable under the judgment in respet of the liability, together with any sum whih, by virtue of any enatment relating to interest on judgments, is payable in respet of interest on that sum; as regards liability in respet of damage to property, any sum required to be paid under sub-paragraph (1E); and () any amount payable in respet of osts. 357 (1E) This sub-paragraph requires the payment where the total of any amounts paid, payable or likely to be payable under the poliy or seurity in respet of damage to property aused by, or arising out of, the aident in question does not exeed 250,000, of any sum payable under the judgment in respet of the liability, together with any sum whih, by virtue of any enatment relating to interest on judgments, is payable in respet of interest on that sum; where that total exeeds 250,000, of either (i) suh proportion of any sum payable under the judgment in respet of the liability as 250,000 bears to the total, together with the same proportion of any sum whih, by Page 138 AT 23 of 1985

139 Road Traffi At 1985 Shedule 5 (ii) virtue of any suh enatment, is payable in respet of interest on that sum; the differene between the total of any amounts already paid under the poliy or seurity in respet of any suh damage and 250,000, together with suh proportion of any sum whih, by virtue of any suh enatment, is payable in respet of interest on any sum payable under the judgment in respet of the liability as the differene bears to that sum; whihever is less, unless not less than 250,000 has already been paid under the poliy or seurity in respet of suh damage (in whih ase nothing is payable). 358 (2) No sum shall be payable by an insurer under sub-paragraph (1) () in respet of any judgment, unless before or within 7 days after the ommenement of the proeedings in whih the judgment was given, the insurer had notie of the bringing of the proeedings; or in respet of any judgment, so long as exeution thereon is stayed pending an appeal; or in onnetion with any liability, if before the happening of the event whih was the ause of the death or bodily injury or damage to property giving rise to the liability, the poliy or seurity was anelled by mutual onsent or by virtue of any provision ontained therein, and either (i) (ii) (iii) before the happening of the said event the ertifiate was surrendered to the insurer, or the person to whom the ertifiate was delivered made a statutory delaration stating that the ertifiate had been lost or destroyed, or after the happening of the said event, but before the expiration of a period of 14 days from the taking effet of the anellation of the poliy or seurity, the ertifiate was surrendered to the insurer, or the person to whom it was delivered made suh a statutory delaration as aforesaid; or either before or after the happening of the said event, but within the said period of 14 days, the insurer has ommened proeedings under this At in respet of the failure to surrender the ertifiate. 359 (3) Subjet to sub-paragraph (4), no sum shall be payable by an insurer under the provisions of this paragraph if, in an ation ommened before, or within 3 months after, the ommenement of the proeedings in whih the judgment was given, he had obtained a delaration that, apart from any provision ontained in the poliy or seurity he is entitled to avoid it on the ground that it was obtained by the nondislosure of a material fat, or by a representation of fat whih was false in some AT 23 of 1985 Page 139

140 Shedule 5 Road Traffi At 1985 material partiular, or, if he has avoided the poliy or seurity on that ground, that he was entitled so to do apart from any provision ontained in it. (4) An insurer who has obtained suh a delaration in an ation shall not thereby beome entitled to the benefit of sub-paragraph (3) as respets any judgment obtained in proeedings ommened before the ommenement of that ation unless before, or within 7 days after, the ommenement of that ation he has given notie thereof to the person who is the plaintiff in the proeedings speifying the nondislosure or false representation on whih he proposes to rely; and a person to whom notie of suh an ation is so given shall be entitled, if he thinks fit, to be made a party thereto. (4A) Where an insurer beomes liable under this paragraph by virtue only of the operation of sub-paragraph (1B) to pay an amount in respet of a liability of a person who is insured by a poliy or whose liability is overed by a seurity, he shall be entitled to reover the amount from that person. 360 (4B) Where an insurer beomes liable under this paragraph to pay an amount in respet of a liability of a person who is not insured by a poliy or whose liability is not overed by a seurity, he shall be entitled to reover the amount from that person or from any person who is insured by the poliy, or whose liability is overed by the seurity, by the terms of whih the liability would be overed if the poliy insured all persons or, as the ase may be, the seurity overed the liability of all persons; and aused or permitted the use of the vehile whih gave rise to the liability. 361 (5) If the amount whih an insurer beomes liable under this paragraph to pay in respet of a liability of a person who is insured by a poliy or whose liability is overed by a seurity exeeds the amount for whih he would, apart from the provisions of this paragraph, be liable under the poliy or seurity in respet of that liability, he shall be entitled to reover the exess from that person. (6) In this paragraph insurer inludes a person giving a seurity; material means of suh a nature as to influene the judgment of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what onditions; liability overed by the terms of the poliy or seurity means a liability whih is overed by the poliy or seurity or whih would be so overed but for the fat that the insurer is entitled to avoid or anel, or has avoided or anelled, the poliy or seurity. Page 140 AT 23 of 1985

141 Road Traffi At 1985 Shedule 5 Bankrupty, et, of insured or seured persons not to affet laims by third parties [P1972/20/150] 8. Where, after a ertifiate of insurane or ertifiate of seurity has been delivered under paragraph 5 to the person by whom a poliy has been effeted or to whom a seurity has been given, any of the following events happens () the person by whom the poliy was effeted or to whom the seurity was given beomes bankrupt or makes a omposition or arrangement with his reditors; the said person dies, and an order is made under setion 130 of the Bankrupty At 1914 (an At of Parliament) for the administration of his estate aording to the law of bankrupty; or the said person dies insolvent, and an order is made that his estate shall be administered in aordane with setion 39 of the Administration of Estates At 1990; 362 if the said person is a ompany, a winding-up order is made with respet to the ompany or a resolution for a voluntary winding-up is passed with respet thereto, or a reeiver or manager of the ompany s business or undertaking is duly appointed or possession is taken, by or on behalf of the holders of any debentures seured by a floating harge, of any property omprised in or subjet to the harge; the happening of that event shall, notwithstanding anything in the Third Parties (Rights Against Insurers) At 1932, or the Third Parties (Rights Against Insurers) At 1930 (an At of Parliament), not affet any suh liability of the said person as is required to be overed by a poliy of insurane under paragraph 3, but nothing in this paragraph shall affet any rights onferred by that At on the person to whom the liability was inurred, being rights so onferred against the person by whom the poliy was issued or the seurity was given. Duty to give information as to insurane or seurity where laim made [P1972/20/151] 9. (1) A person against whom a laim is made in respet of any suh liability as is required to be overed by a poliy of insurane under paragraph 3 shall, on demand by or on behalf of the person making the laim state whether or not, in respet of that liability, he was insured by a poliy having effet for the purposes of this Shedule or had in fore a seurity having effet for those purposes, or would have been so insured or would have had in fore suh a seurity if the insurer or, as the ase may be, the giver of the seurity had not avoided or anelled the poliy or seurity, and if he was or would have been so insured, or had or would have had in fore suh a seurity, give suh partiulars with respet to that poliy or seurity as were speified in any ertifiate of AT 23 of 1985 Page 141

142 Shedule 5 Road Traffi At 1985 insurane or seurity delivered in respet of that poliy or seurity as the ase may be, under paragraph 5, or where no suh ertifiate was delivered under that paragraph the following partiulars (i) (ii) (iii) (iv) the registration mark or other identifying partiulars of the vehile onerned; the number or other identifying partiulars of the insurane poliy issued in respet of the vehile; the name of the insurer; and the period of the insurane over. (2) If without reasonable exuse, a person fails to omply with the provisions of sub-paragraph (1) or wilfully makes a false statement in reply to any suh demand, he shall be guilty of an offene. [P1972/20/152] Deposits 10. (1) Where a person has deposited a sum with the Treasury under paragraph 2 or 4, then so long as any liabilities inurred by him, being suh liabilities as required to be overed by a poliy of insurane under paragraph 3, have not been disharged or otherwise provided for, no part of that sum shall be appliable in disharge of any other liabilities inurred by him. 363 (2) Rules may be made by the Treasury with respet to deposits made with the Treasury under paragraph 2 or PART II SUPPLEMENTARY [P1972/20/157] Regulations for purposes of this Shedule 11. The Department may make regulations generally for the purpose of arrying this Shedule into effet, and in partiular, but without prejudie to the generality of the foregoing provisions, may make regulations () (d) as to the forms to be used for the purposes of this Shedule; as to appliations for and the issue of ertifiates of insurane and ertifiates of seurity and any other douments whih may be presribed, and as to the keeping of reords of douments and the furnishing of partiulars thereof or the giving of information with respet thereto to the Department or the Chief Constable; 365 as to the issue of opies of any suh ertifiates or other douments whih are lost or destroyed: as to the ustody, prodution, anellation and surrender of any suh ertifiates or other douments; Page 142 AT 23 of 1985

143 Road Traffi At 1985 Shedule 5 (e) for providing that any provisions of this Shedule shall, in relation to vehiles brought into the Island by persons making only a temporary stay therein, have effet subjet to suh modifiations and adaptations as may be presribed. 366 Alteration of limit liability 11A. The Department may from time to time by regulations substitute suh other sum as may be speified in the regulations for the sum of 250,000 speified in paragraphs 3(4) and 7(1E). 367 [P1972/20/158] Interpretation 12. (1) In this Shedule authorised insurer means a person who is authorised to arry on motor insurane business anywhere in the British Islands or in the territory of a member State of the Communities, and a member of the Motor Insurers Bureau; 368 ertifiate of insurane has the meaning assigned to it by paragraph 5(l); ertifiate of seurity has the meaning assigned to it by paragraph 5(2); Communities has the meaning assigned to it in setion 1(l) of the European Communities (Isle of Man) At 1973; motor insurane means insurane in respet of the liabilities speified in paragraph 3(3) (with or without other liabilities or risks); 369 motor insurane business means the business of effeting or arrying out ontrats of motor insurane; 370 Motor Insurers Bureau means the ompany of that name limited by guarantee and inorporated in England under the Companies At 1929 (an At of Parliament) on the l4th June 1946; poliy of insurane inludes a overing note; regulations means regulations made under paragraph 11; salvage means the preservation of a vessel whih is wreked, stranded or in distress, or the lives of persons belonging to, or the argo or apparel of, suh a vessel; under the owner s ontrol means, in relation to a vehile, that it is being driven by the owner or by a servant of the owner in the ourse of his employment or is otherwise subjet to the ontrol of the owner. (2) In any provision of this Shedule relating to the surrender, or the loss or destrution, of a ertifiate of insurane or ertifiate of seurity, referenes to suh a ertifiate shall, in relation to poliies or seurities under whih more than one AT 23 of 1985 Page 143

144 Shedule 6 Road Traffi At 1985 ertifiate is issued, be onstrued as referenes to all ertifiates and shall, where any opy has been issued of any ertifiate, be onstrued as inluding a referene to that opy. (3) In this Shedule any referene to an aident inludes a referene to 2 or more ausally related aidents. 371 SCHEDULE 6 PROSECUTION AND PUNISHMENT OF OFFENCES Provision reating offene General nature of offene 1 Causing death by rekless driving 1A Causing serious bodily harm by dangerous driving 2 Dangerous driving 2B 2C Causing death by areless or inonsiderate driving Causing serious bodily harm by areless or inonsiderate driving 3 Careless, or inonsiderate, driving 3A Causing death by areless driving when under the influene of drink or drugs 3B Causing death by driving and at the time unliensed, disqualified or uninsured 4(2) Driving under age 4(3B) Driving an eletrially assisted pedal yle under age PART I OFFENCES UNDER THIS ACT 372 Mode of Proseution On information On information Summarily On information Summarily On information Summarily On information Punishment Disqualifiation Endorsement Penalty Points 14 years or a fine or both 5 years or a fine or both 6 months or 5,000 or both 2 years or a fine or both 12 months or 5,000 or both 5 years or a fine or both 6 months or 5,000 or both 2 years or a fine or both Additional Provisions Obligatory Obligatory - Setion 57 and paragraph 1 of Part IV apply Obligatory Obligatory - Setion 57 and paragraph 1 of Part IV apply Obligatory Obligatory - Setions 55, 57 and 59 and paragraph 1 of Part IV apply Obligatory Obligatory - Setions 57 and 59 and paragraph 1 of Part IV apply Obligatory Obligatory - Setions 57 and 59 and paragraph 1 of Part IV apply Summarily 5,000 Disretionary Obligatory 3-9 Setions 55, 57 and 59 apply On information Summarily On information 14 years or a fine or both 12 months or 5,000 or both 5 years or a fine or both Obligatory Obligatory - Setion 57 and paragraphs 1 and 2 of Part IV apply Obligatory Obligatory - Setions 57 and 59 apply Summarily 1,000 Disretionary Obligatory 2 Setions 56, 57 and 59 apply Summarily Page 144 AT 23 of 1985

145 Road Traffi At 1985 Shedule 6 Provision reating offene General nature of offene 5(1) Driving when unfit to drive through drink or drugs 5(2) Being in harge of vehile when unfit to drive through drink or drugs 5A(1) Driving with exess alohol in breath, blood or urine 5A(1) Being in harge of vehile with exess alohol in breath, blood or urine 5B(5) Failing to provide speimen of breath for breath test 6(6) Failing to provide speimen for analysis: Where speimen is required to asertain ability to drive or proportion of alohol at the time offender was driving or attempting to drive In any other ase 7DA Failing to allow speimen of blood to be subjeted to laboratory test: Where the test would be for asertaining ability to drive or proportion of alohol at the time offender was driving or attempting to drive In any other ase 8(1) Motor raing and speed trials on highways 9(1 2 ) Other unauthorised or irregular ompetitions or trials on highways Mode of Proseution On information Summarily Summarily Summarily Summarily Punishment Disqualifiation Endorsement Penalty Points 2 years or a fine or both 6 months or 5,000 or both 6 months or 5,000 or both 6 months or 5,000 or both 3 months or 2,500 or both Additional Provisions Obligatory Obligatory 10 Setions 57 and 59 and paragraphs 1 and 3 of Part IV apply Disretionary Obligatory 10 Setions 57 and 59 apply Obligatory Obligatory 10 Setions 57 and 59 and paragraphs 1 and 3 of Part IV apply Disretionary Obligatory 10 Setions 57 and 59 apply Summarily 1,000 Disretionary Obligatory 4 Setions 57 and 59 apply On information Summarily Summarily Summarily Summarily 2 years or a fine or both 6 months or 5,000 or both 6 months or 5,000 or both 6 months or 5,000 or both 3 months or 2,500 or both Obligatory Obligatory 10 Disretionary Obligatory 10 Setions 57 and 59 apply Obligatory Obligatory 10 Setions 57 and 59 apply Disretionary Obligatory 4 Setions 57 and 59 apply Summarily 2,500 Obligatory Obligatory - Setions 57 and 59 apply Summarily 1, Setion 9 is not yet in operation AT 23 of 1985 Page 145

146 Shedule 6 Road Traffi At 1985 Provision reating offene General nature of offene 10 Carrying passenger on motor yle ontrary to setion Dangerous yling 12 Careless and inonsiderate yling 13(1) Cyling when unfit through drink or drugs 14(1) Unauthorised or irregular yle raing or trials of speed on highways 15(1) Carrying passenger on biyle ontrary to setion 15 16(1) Failing to omply with traffi diretions 17 Pedestrian et, failing to stop when direted by onstable regulating traffi 18(1) Allowing a motor vehile to rest on a road ontrary to setion Leaving vehile in dangerous position 20(3) Failing to stop after aident and give partiulars or report aident 21(2) Obstruting inspetion of vehile after aident 22 Tampering with motor vehile 23(1) Holding or getting on to vehile in order to be arried 23(2) Holding on to vehile in order to be towed 24(2) Driving or riding motor yles in ontravention of regulations requiring wearing of protetive helmet 24(4) Selling, et, helmet not of presribed type as helmet for motor ylists Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Additional Provisions Summarily 500 Disretionary Obligatory 1 Setions 57 and 59 apply Summarily 2, Setions 55, 57 and 59 and paragraph 1 of Part IV apply Summarily 1, Setions 55, 57 and 59 apply Summarily 2, Setions 57 and 59 apply Summarily Setions 57 and 59 apply Summarily Setions 57 and 59 apply Summarily 1,000 Disretionary, if ommitter in respet of a motor vehile by a failure to omply with a diretion of a onstable or an indiation given by a sign speified for the purpose of this paragraph in regulations made by the Department Obligatory, if ommitted as desribed in the entry in olumn 5 relating to this offene 3 Setions 55, 57 and 59 apply Summarily Summarily Setions 57 and 59 apply Summarily 1,000 Disretionary, if ommitted in respet of a motor vehile Summarily 9 months or 5,000 or both Obligatory, if ommitted in respet of a motor vehile 3 Setions 55, 57 and 59 apply Disretionary Obligatory 5-10 Setions 57 and 59 apply Summarily 1, Summarily 1, Setion 57 applies Summarily Setion 57 applies Summarily Setions 57 and 59 apply Summarily Summarily 1, Page 146 AT 23 of 1985

147 Road Traffi At 1985 Shedule 6 Provision reating offene General nature of offene 25(3) Driving or riding in a motor vehile in ontravention of regulations requiring wearing of seat belts 25(5) Driving motor vehile with hild in the front not wearing seat belt 25(5A) Driving motor vehile with hild in rear not wearing seat belt 25A(1) Causing danger to road-users 26(3) Causing, et heavy motor vehile to be driven or to be hauled without proper rew 27(3) Unauthorised trial, et on footpath 28(1) Driving motor vehile elsewhere than on roads 28(5) Riding or driving horse, or using vehile, on right of way in suh a manner as to interfere with the use and enjoyment of that right of way by pedestrians 28(6) Immobilising vehile on land where presribed notie is not displayed 28A(4) Immobilising vehile on land where presribed notie is not displayed 30(1) Driving of vehile on footway 30(2) Parking of vehile on verge, entral reservation or footway 38(2) Failing to adjust the lights of a motor vehile so as to prevent the driver of an approahing vehile being dazzled 40 Failing to stop vehile, et, when required by a onstable Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Additional Provisions Summarily Setions 57 and 59 apply Summarily Setions 57 and 59 apply Summarily Setions 57 and 59 apply On information 7 years or a fine or both Summarily 6 months or 5,000 or both Summarily 1, Setions 57 applies Summarily 1, Setions 57 and 59 apply Summarily 1, Setions 57 and 59 apply Summarily Setions 57 and 59 apply Summarily 1, Summarily 1, Summarily Setions 57 and 59 apply Summarily 1,000 - Setions 57 and 59 apply Summarily 1, Setions 57 and 59 apply Summarily if the offene involved a motor vehile, 5,000 if the offene involved a yle or an animal, 1, Setions 57 and 59 apply AT 23 of 1985 Page 147

148 Shedule 6 Road Traffi At 1985 Provision reating offene General nature of offene 41(2) Refusing or negleting to allow motor vehile or trailer to be weighed, et 42(4) Failure to produe driving liene to onstable 43(1) Failure to give onstable ertain names and addresses or to produe ertifiate of insurane or ertain tests and other like ertifiates 43(2A) Failure to give onstable ertain names and addresses 43(3) Supervisor of learner driver failing to give onstable ertain names and addresses 44(1) Refusing to give, or giving false, name and address in ase of dangerous areless or inonsiderate driving or yling 45 Pedestrian failing to give onstable his name and address after failing to stop when direted by onstable ontrolling traffi 46(1) Failure by owner of motor vehile to give polie information for verifying ompliane with requirements of ompulsory insurane or seurity 47(4) Failure of person keeping vehile and others to give polie information as to identity of driver, et, in the ase if ertain offenes 48(1) Forgery, et, of lienes, test ertifiates, ertifiates of insurane and other douments and things Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Additional Provisions Summarily 2, Setions 57 and 59 apply Summarily 2, Setions 57 and 59 apply Summarily 1, Setions 57 and 59 apply Summarily 1, Setions 57 and 59 apply Summarily 1, Setions 57 applies Summarily 2, Setion 57 and 59 applies Summarily Summarily 1, Setions 57 and 59 apply Summarily Summarily On information if the offene involved a motor vehile, 2,500 if the offene involved a yle, months of 5,000 or both 2 years or a fine or both Setion 56 applies Page 148 AT 23 of 1985

149 Road Traffi At 1985 Shedule 6 Provision reating offene General nature of offene 49(1) Making false statements in onnetion with lienes under this At and with registration as an approved driving instrutor 49(2) Making, or making use of, false statements relating to goods vehiles 49(3) Making false statements as to the remedying of defets disovered in vehile on roadside tests 49(4) Making false statement or withholding material information in order to obtain the issue of insurane ertifiates, et 50 Issuing false insurane ertifiates, et, or false test ertifiates 52 Personation of authorised examiner, et 54 Contravention of regulations in a ase where ontravention thereof is not made an offene under any other provision of this At Shedule 1 para 3(1) Shedule 1 para 3(2) Applying warranty to protetive helmet in defending proeedings under setion 24 where no warranty given Giving to purhaser of protetive helmet a false warranty in ase where warranty might be defene in proeedings under setion 24 Mode of Proseution Summarily Summarily Summarily Summarily Punishment Disqualifiation Endorsement Penalty Points 3 months or 2,500 or both 3 months or 2,500 or both 3 months or 2,500 or both 3 months or 2,500 or both Additional Provisions Setion 56 applies Setion 56 applies Summarily 5, Setion 56 applies Summarily 2, Summarily Setion 57 and 59 apply Summarily 1, Summarily 1, AT 23 of 1985 Page 149

150 Shedule 6 Road Traffi At 1985 Provision reating offene Shedule 2 para 1(5) General nature of offene Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Additional Provisions Contravention of onstrution and use regulations Summarily 2,500 in the ase of an offene of using, or ausing or permitting the use of, a goods vehile so as to ause, or to be likely to ause, danger by the ondition of the vehile or its parts or aessories, the number of passengers arried by it, or the weight, distribution, paking or adjustment of its load, or in breah of a onstrution and use requirement as to brakes, steering gears, tyres or any desription of weight; or () for any purpose for whih it is so unsuitable as to ause, or to be likely to ause danger; Disretionary if ommitted by using, or ausing or permitting the use of, any motor vehile or trailer as desribed in paragraph or paragraph () in the entry in olumn 4 relating to this offene; or in breah of a onstrution and use requirement as to brakes, steering gear, or tyres; exept where the offender proves that he did not know and had no reasonable ause to suspet that the fats of the ase were suh that the offene would be ommitted. Obligatory if ommitted as desribed in the entry in olumn 5 relating to this offene, but subjet to the exeption there mentioned 3 Setions 57 and 59 apply 2,500 in the ase of an offene of arrying on a goods vehile a load whih, by reason of its inseurity or position, is likely to ause danger; Disretionary if ommitted by arrying on a motor vehile or trailer a load whih, by reason of its inseurity or position, is likely to ause danger, but subjet to the exeption above 2,500 in the ase of an offene of driving a motor vehile while using a mobile telephone whih is held in a hand; 1,000 in any other ase. Disretionary Obligatory 4 Court must order forfeiture of the mobile telephone unless it finds speial reasons not so to do Shedule 2 para 4(1B) Failing to stop when required by authorised examiner But in the ase of an offene of using or ausing to be used a vehile in breah of any onstrution and use requirement relating solely to vehiles arrying dangerous goods Summarily On information 5,000 a fine Obligatory Obligatory - Summarily 2, Setions 57 and 59 apply Page 150 AT 23 of 1985

151 Road Traffi At 1985 Shedule 6 Provision reating offene Shedule 2 para 4(4) Shedule 2 para 5(6) (inluding appliation by para 6(3)) Shedule 2 para 5(7) (inluding appliation by para 6(3)) Shedule 2 para 6(4) Shedule 2 para 6A(3) Shedule 2 para 6B(1) Shedule 2 para 6B(3) Shedule 2 para 6B(6) Shedule 2 para 6C(2) Shedule 2 para 6F(4) Shedule 2 paragraph 6FA(3) Shedule 2 para 6I(8) General nature of offene Obstruting testing of vehile by examiner on road or failing to omply with requirements of paragraph 10 of Shedule 2 Failure of owner of vehile disovered to be defetive on roadside test or further test to give required ertifiate or delaration Failure of person in harge of vehile on roadside test or further test to give partiulars of owner Obstruting further testing of vehile by examiner or failing to omply with requirement under paragraph 12 Selling, et unroadworthy vehile or trailer or altering it so as to make it unroadworthy Fitting of defetive or unsuitable vehile parts Selling defetive or unsuitable vehile parts Obstruting examiner testing vehile for unsuitable parts et Obstruting examiner testing used vehiles at saleroom et Contravention of requirements of regulations under para 6F that goods vehile be examined for plating purposes et Contravening requirements of regulations under paragraph 6FA(2 ) Diving et motor vehile in ontravention of prohibition as being unfit for servie Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Summarily 1, Summarily 1, Summarily 1, Summarily 1, Summarily 5, Summarily 5, Summarily 1, Summarily 1, Summarily 1, Additional Provisions Summarily 2, Setions 57 and 59 apply Summarily 2, Summarily 5, AT 23 of 1985 Page 151

152 Shedule 6 Road Traffi At 1985 Provision reating offene Shedule 2 para 6J(5) Shedule 2 para 7(4) Shedule 2 para 9 Shedule 3 para 1(1) Shedule 3 para 1(2) Shedule 3 para 1(5) Shedule 3 para 5A(3) Shedule 3 para 6(3AA) Shedule 3 para 6(10) Shedule 3 para 6A Shedule 3 para 6B(4) General nature of offene Driving et goods vehile or publi servie vehile in ontravention of prohibition as being overweight, or failing to omply with diretion to remove vehile Selling, et, pedal yle in ontravention of regulations as to brakes, bells et Selling, et, wrongly made tail lamps or refletors Driving otherwise than in aordane with a liene Causing or permitting a person to drive otherwise than in aordane with a liene Contravention of requirement under regulations under para 1(4) to produe permit et Failing to notify onset of disability Contravention in onnetion with ourse of training for motorylists Failing to omply with any onditions presribed for driving under the provisional liene or full liene treated as provisional liene Exeeding speed limit where vehile bears mark presribed for learnerdriver Failing to omply with any onditions presribed for driving within 12 months after passing test Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Summarily 5, Summarily 1, Summarily 2, Summarily 1,000 Disretionary, if the offene is ommitted by driving a motor vehile in a ase where either no liene authorising the driving of that vehile ould have been granted to the offender; or if a provisional (but no other) liene to drive it ould have been granted to him, the driving would not have omplied with the onditions thereof Obligatory, if ommitted as desribed in the entry in olumn 5 relating to this offene Additional Provisions 2 Setion 57 and 59 apply Summarily 2, Setion 57 applies Summarily 1,000 Disretionary Obligatory 2 Setion 56 and 58 apply Summarily 1, Setion 56 applies Summarily 1, Setion 58 applies Summarily 1,000 Disretionary Obligatory 2 Setion 57 and 58 apply Summarily 1,000 Disretionary Obligatory 3 Setion 57, 58 and 59 apply Summarily 1,000 Disretionary Obligatory 3 Setion 57 and 58 apply Page 152 AT 23 of 1985

153 Road Traffi At 1985 Shedule 6 Provision reating offene Shedule 3 para 6C Shedule 3 para 9(1) Shedule 3 para 9(2) Shedule 3 para 18 Shedule 3 para 18 Shedule 3 para 18 Shedule 3 para 20(4) Shedule 3 para 20(6) Shedule 4 para 2(2) Shedule 4 para 3(3) Shedule 4 para 4A(6) Shedule 4 para 12 General nature of offene Exeeding speed limit where vehile bears mark presribed for newlyqualified drivers Driving with unorreted defetive eyesight Refusing to submit to test of eyesight Obtaining driving liene while disqualified Driving while disqualified by virtue of paragraph 15 of Shedule 3 (under age) Driving while disqualified by virtue of order of a ourt Summarily On information Failing to produe liene to ourt for endorsement on onvition of offene involving obligatory or disretionary disqualifiation Applying for or obtaining liene without giving partiulars of urrent endorsement Unregistered instrutor using title or displaying badge, et, presribed for registered instrutor and employer using suh title, et, in relation to his unregistered instrutor or issuing misleading advertisement, et Giving of paid driving instrution by unregistered and unliensed persons or their employers Giving instrution in ontravention of a stop notie Failure of instrutor to surrender to Registrar ertifiate or liene Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Additional Provisions Summarily 1,000 Disretionary Obligatory 3 Setions 57, 58 and 59 apply Summarily 1,000 Disretionary Obligatory 2 - Summarily 1,000 Disretionary Obligatory 2 - Summarily 2, Setion 56 applies Summarily 1,000 Disretionary Obligatory 2 Setions 56, 57 and 59 apply 6 months or 5,000 or both 12 months or a fine or both Disretionary Obligatory 6 Setions 56, 57 and 59 apply Summarily 1, Summarily 2, Summarily 5, Summarily 2, Summarily 6 months or 5,000 or both Summarily AT 23 of 1985 Page 153

154 Shedule 6 Road Traffi At 1985 Provision reating offene Shedule 4 para 13(3) Shedule 5 para 1 Shedule 5 para 5(3) Shedule 5 para 5(5) Shedule 5 para 9(2) General nature of offene Failing to produe ertifiate of registration or liene as driving instrutor Using motor vehile while uninsured or unseured against thirdparty risks Failing to surrender ertifiate of insurane or seurity to insurer on anellation or make statutory delaration of loss or destrution Failing to produe further insurane et to the Department Failing to give information, or wilfully making false statement, as to insurane or seurity when laim made Mode of Proseution Punishment Disqualifiation Endorsement Penalty Points Summarily Additional Provisions Summarily 5,000 Disretionary Obligatory 4-8 Setions 56,57 and 59 apply Summarily Summarily Summarily 5, PART II Other Offenes Involving Obligatory Disqualifiation and Endorsement Manslaughter by the driver of a motor vehile. PART III Other Offenes Involving Disretionary Disqualifiation and Obligatory Endorsement Desription of offene Penalty points 1. Stealing or attempting to steal a motor vehile. 8 2 An offene, or attempt to ommit an offene, in respet of 8 a motor vehile under setion 12 of the Theft At 1981 (taking onveyane without onsent of owner et or, knowing it has been so taken, driving it or allowing oneself to be arried in it). 3. An offene under setion 27 of the Theft At 1981 (going 8 equipped for stealing, et) ommitted with referene to the theft or taking of motor vehiles. 3A. An offene under setion 1(12) of the Road Traffi Regulation At 1985 (ontravention of traffi regulation 3 Page 154 AT 23 of 1985

155 Road Traffi At 1985 Shedule 6 order) onsisting of a ontravention of a prohibition under setion 1(3A) of that At (use of roads by long or heavy vehiles) An offene under setion 7(4) of the Road Traffi Regulation At 1985 (ontravention of pedestrian rossing regulations) ommitted in respet of a motor vehile. 5. An offene under setion 9(2) of the Road Traffi Regulation At 1985 (failure to obey sign exhibited by shool rossing patrol) ommitted in respet of a motor vehile. 6. An offene under setion 22(l) of the Road Traffi Regulation At 1985 (speeding) PART IV 374 ALTERNATIVE VERDICTS 1. Where a person harged with an offene speified in olumn 1 of the following table is found not guilty of that offene; but the allegations in the information amount to or inlude an allegation of an offene under one or more of the provisions speified in the orresponding entry in olumn 2, the person may be onvited of that offene or of one or more of those offenes. Offene harged Manslaughter in onnetion with the driving of a motor vehile Setion 1 (ausing death by dangerous driving) Setion 1A (ausing serious bodily harm by dangerous driving) Setion 2 (dangerous driving) Alternative offene Setion 1 (ausing death by dangerous driving) Setion 2 (dangerous driving) Setion 2B (ausing death by areless or inonsiderate driving) Setion 3A (ausing death by areless driving when under the influene of drink or drugs) Setion 2 (dangerous driving) Setion 2B (ausing death by areless or inonsiderate driving) Setion 3 (areless or inonsiderate driving) Setion 2 (dangerous driving) Setion 2C (ausing serious bodily harm by areless or inonsiderate driving) Setion 3 (areless or inonsiderate driving) Setion 3 (areless or inonsiderate driving) AT 23 of 1985 Page 155

156 Shedule 6 Road Traffi At 1985 Setion 2B (ausing death by areless or inonsiderate driving) Setion 2C (ausing serious bodily harm by areless or inonsiderate driving) Setion 3A (ausing death by areless driving when under the influene of drink or drugs) Setion 5(1) (driving or attempting to drive when unfit to drive through drink or drugs) Setion 5A(1) (driving or attempting to drive with alohol above presribed limit) Setion 11 (dangerous yling) Setion 3 (areless or inonsiderate driving) Setion 3 (areless or inonsiderate driving) Setion 2B (ausing death by areless or inonsiderate driving) Setion 3 (areless or inonsiderate driving) Setion 5(1) (driving or attempting to drive when unfit to drive through drink or drugs) Setion 5A(1) (driving or attempting to drive with alohol above presribed limit) Setion 6(6) (failing to provide speimen) Setion 5(2) (being in harge of a vehile when unfit through drink or drugs) Setion 5A(1) (being in harge of a vehile with alohol above presribed limit) Setion 12 (areless or inonsiderate yling) 2. Where the offene with whih a person is harged is an offene under setion 3A, paragraph 1 does not authorise the person s onvition of any offene of attempting to drive. 3. Where a person is harged with having ommitted an offene under setion 5(1) or 5A(1) by driving a vehile, the person may be onvited of having ommitted an offene under the provision in question by attempting to drive. 4. Where by virtue of this Part a person is onvited before the Court of General Gaol Delivery of an offene triable only summarily, the ourt has the same powers and duties as a ourt of summary jurisdition would have had on onviting the person of that offene. 5. (1) This paragraph applies where a person is proseuted for an offene in respet of whih the person may, by virtue of this Part, be liable to be onvited of an alternative offene, and the ourt is of opinion that the offene with whih the person is harged is not proven. (2) Where this paragraph applies, at any time during or immediately after the hearing the ourt may, irrespetive of any other powers it possesses, diret or allow a harge for that alternative offene to be preferred forthwith against the defendant and may then proeed with that harge. Page 156 AT 23 of 1985

157 Road Traffi At 1985 Shedule 7 (3) However, the defendant and his or her advoate must be informed of the new harge and be given an opportunity, whether by way of ross-examining any witness whose evidene has already been given against the defendant or otherwise, of answering the new harge. (4) If it onsiders that the defendant is prejudied in his or her defene by reason of the new harge being so preferred, the ourt must adjourn the hearing. 6. This Part does not limit setion 22 of the Criminal Jurisdition At 1993 (alternative verdits). PART V Interpretation 1. Constrution and use requirement has the same meaning for the purposes of this Shedule as it has for the purposes of Shedule The relevant time, in relation to an offene under setion 7(3), means the at or ats onstituting the offene or suspeted offene by virtue of whih the offender was arrested under setion 5(6) or, as the ase may be, by virtue of whih the requirement under setion 7(2) was made. SCHEDULE 7 SAVINGS AND TRANSITIONAL PROVISIONS Setion 80(1) General 1. (1) Any referene in this At (whether express or implied) to a thing done or made or falling to be done or made, or to a thing suffered, or to an event whih has ourred, under or for the purpose of or by referene to a provision of this At, shall, in so far as the ontext permits, be onstrued as inluding a referene to the orresponding thing done or made or falling to be done or made, to the orresponding thing suffered or, as the ase may be, to the orresponding event whih ourred under, or for the purposes of, or by referene to, the orresponding provision of the enatments repealed by this At. (2) Sub-paragraph (1) shall not apply to any referene in this At to a onvition. 2. For the purposes of determining Penalties AT 23 of 1985 Page 157

158 Shedule 7 Road Traffi At 1985 () the punishment (by fine, imprisonment or both) whih may be imposed on a person in respet of the ommission by him of an offene under any provision of this At; or whether suh an offene ommitted by a person involves obligatory disqualifiation for holding or obtaining a liene under Shedule 3; or the length of the period for whih a person is to be ordered to be disqualified for holding or obtaining a liene under Shedule 3, an offene ommitted by that person under the orresponding enatment repealed by this At or under an enatment repealed by the Road Traffi At 1963 whih by paragraph 5(l) of Shedule 9 to that At is to be treated as having been ommitted under an enatment ontained in that At shall be deemed to have been ommitted under that provision; and, in a ase where suh a determination depends upon whether that person has been previously onvited of an offene under any other provision of this At, an offene ommitted by that person under an enatment so repealed whih orresponds with an offene under that other provision of this At shall be deemed to have been ommitted under that other provision. Continuing offenes 3. Where an offene, being an offene for the ontinuane of whih a penalty was provided, has been ommitted under an enatment repealed by this At, proeedings may be taken under the orresponding provision of this At in respet of the ontinuane of the offene after the ommenement of this At, in the same manner as if the offene had been ommitted under the orresponding provision of this At. Disqualifiation 4. Paragraphs 14 and 18 of Shedule 3 shall apply to a person disqualified by an order of a ourt under the orresponding provisions of any enatments repealed by the Road Traffi At 1963 for obtaining a liene under the enatments repealed as they apply to a person disqualified by an order of a ourt under Shedule 3 for holding or obtaining a liene under the said Shedule 3. Reords 5. Any reord kept under an enatment repealed by this At shall be deemed to form part of the reord kept under the orresponding provision of this At. Saving for nuisane et 6. Nothing in this At shall authorise a person to use on a road a vehile so onstruted or used as to ause a publi or private nuisane, or affet the liability, whether under statute or the ommon law, of the driver or owner so using suh a vehile. Page 158 AT 23 of 1985

159 Road Traffi At 1985 Shedule 7 Repealed enatments to be treated as onstrution and use et regulations 7. (1) Notwithstanding the repeal by this At of the Lighting At the provisions of that At speified in sub-paragraph (2), and any enatment made or having effet as if made under that At, shall have effet as if ontained in regulations made under paragraph 1 or 7 of Shedule 2 and may be varied or revoked aordingly; and subjet to sub-paragraph (3), any provision ontained in an enatment not repealed by this At, in whih any expression is given the same meaning as in, or is otherwise to be onstrued by referene to, any provision of the Lighting At, shall ontinue to be onstrued as if that provision had not been so repealed. (2) The provisions of the Lighting At referred to in sub-paragraph (1) are setions 1(1) and (2), 2(1) to (3), 3, 4, 5, 7 and 8, in setion 9, subsetion (1) and, in subsetion (7), the words from where a vehile to the end, setions 10, 11(5), 17 and 18, subjet to any modifiations of those provisions made by regulations under that At in fore immediately before the ommenement of this At. (3) The Department may by regulations make suh amendments as it onsiders appropriate, to take aount of paragraphs 1 and 7 of Shedule 2 and of subparagraphs (1) and (2), in any enatment whih refers (whether diretly or by virtue of the Interpretation At 1976 or otherwise) to any provision of the Lighting At. 375 (4) Notwithstanding the repeal by this At of setion 38 of the Road Traffi At 1963 (number of trailers), sub-setions (1) to (3) of that setion shall have effet as if ontained in regulations made under paragraph 1 of Shedule 2 and may be varied or revoked aordingly. Saving for ertain liene-holders 8. (1) A person shall not be guilty of an offene under setion 4(2), or under paragraph 18 of Shedule 3 by virtue of paragraph 15 of that Shedule, in respet of the driving of a motor vehile of any desription if the driver of the vehile is the holder of a liene authorising him to drive a vehile of that desription granted before the ommenement of this At or by virtue of sub-paragraph (2), and paragraph 17(2) of that Shedule shall not apply to suh a liene. (2) Where immediately before the ommenement of this At a person aged 16 years is the holder of a provisional liene authorising him to drive a motor yle, nothing in paragraph 15 of Shedule 3 shall disqualify him for holding or obtaining a liene authorising him to drive a motor yle. Duration of provisional liene 9. Until a period is presribed by regulations for the purposes of paragraph 7(1)(d) of Shedule 3 (duration of provisional liene), the period of 6 months shall be deemed to be so presribed. AT 23 of 1985 Page 159

160 Shedule 7 Road Traffi At 1985 Highway Code 10. The Highway Code issued pursuant to setion 42 of the Road Traffi At 1963 and approved by Tynwald on the 21st Otober 1969 shall be deemed to have been issued pursuant to setion 31(1). Saving for Interpretation At Nothing in this At affets or prejudies the provisions of setions 15 and 16 of the Interpretation At 1976 (effet of repeals and substituting provisions). Page 160 AT 23 of 1985

161 Road Traffi At 1985 Shedule 8 SCHEDULE 8 AMENDMENT OF CERTAIN ENACTMENTS Setion 80(2) [Sh 8 amended by Polie At 1993 Sh 3, and amends the following Ats Road Traffi At 1963 q.v. Energy At 1980 q.v. Criminal Law At 1981 q.v. Loal Government (Misellaneous Provisions) At 1984 q.v.] SCHEDULE AT 23 of 1985 Page 161

162

163 Road Traffi At 1985 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 S 1 substituted by Road Traffi (Amendment) At 1996 s 1. 2 S 1A inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s 4. 3 S 2 substituted by Road Traffi (Amendment) At 1996 s 1. 4 Subs (1) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s 5. 5 Subs (2) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s 5. 6 S 2A inserted by Road Traffi (Amendment) At 1996 s 1. 7 S 2B inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s 6. 8 S 2C inserted by Road Traffi and Highways (Misellaneous Amendments) s 6. 9 S 3 substituted by Road Traffi (Amendment) At 1996 s S 3ZA inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s S 3A substituted by Road Traffi At 1999 s S 3B inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s S 4 substituted by Road Traffi (Amendment) At 2001 Sh 1 for the purpose of making regulations only by the version below with effet from 01/04/ Subs (3) amended by SD41/ Subs (3A) inserted by Road Traffi At 1989 s 5. AT 23 of 1985 Page 163

164 Endnotes Road Traffi At Subs (3B) inserted by Road Traffi At 1989 s Definition of learner motor yle repealed by the Road Traffi (Amendment) At 2001 Sh 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/ S 5 substituted by Road Traffi At 1999 s S 5A inserted by Road Traffi At 1999 s S 5B inserted by Road Traffi At 1999 s Subs (4) amended by Road Traffi (Amendment) At 2006 s Subs (4A) inserted by Road Traffi (Amendment) At 2006 s S 6 substituted by Road Traffi At 1999 s S 7 substituted by Road Traffi At 1999 s S 7A substituted by Road Traffi (Amendment) At 2006 s S 7B inserted by Road Traffi At 1999 s Subs (2) amended by Road Traffi (Amendment) At 2006 s Para amended by Road Traffi (Amendment) At 2006 s Subs (4) substituted by Road Traffi (Amendment) At 2006 s S 7C inserted by Road Traffi At 1999 s 4. Subs (6) added by Road Traffi (Amendment) At 2006 s S 7D(1) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subs (1) amended by Road Traffi (Amendment) At 2006 s Subs (2) amended by Road Traffi (Amendment) At 2006 s S 7D inserted by Road Traffi At 1999 s S 7DA inserted by Road Traffi (Amendment) At 2006 s Definition of registered health are professional inserted by Road Traffi (Amendment) At 2006 s Subs (2A) inserted by Road Traffi (Amendment) At 2006 s Subs (4) substituted by Road Traffi (Amendment) At 2006 s S 7E inserted by Road Traffi At 1999 s Subs (2) amended by GC190/86 and by Road Traffi and Highways (Misellaneous Amendments) At 2012 s S 9 not yet in operation. 43 Subs (4) amended by GC190/ S 11 substituted by Road Traffi (Amendment) At 1996 s S 12 amended by Road Traffi (Amendment) At 1996 Sh Subs (1) amended by Road Traffi (Amendment) At 1996 Sh Subs (2) amended by GC190/ Subs (5) amended by GC190/86 and by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Para amended by SD41/93. Page 164 AT 23 of 1985

165 Road Traffi At 1985 Endnotes 50 Subs (1) amended by GC190/ Paras and () repealed by Road Traffi (Amendment) At 2001 Sh Subss (1A), (1B) and (2) repealed by Road Traffi (Amendment) At 2001 Sh Subs (3) amended by Statute Law Revision At 1997 Sh 1, by Road Traffi (Amendment) At 2001 s 10 and by Road Traffi (Amendment) At 2006 s 13(2). 54 S 18A inserted by Road Traffi (Amendment) At 2001 s S 19 amended by Road Traffi (Amendment) At 2001 s Para () amended by Road Traffi (Amendment) At 2001 s Subs (1) amended by Road Traffi (Amendment) At 2001 s Subs (1) amended by GC190/ Subs (2) amended by GC190/ Subs (3) amended by GC190/ Subs (4) amended by GC190/ S 22 amended by GC190/86 and by SD155/10 Sh Subs (1) amended by GC190/86 and by Road Traffi (Safety Equipment) At 1991 s Subs (2) amended by Road Traffi (Safety Equipment) At 1991 s Subs (3) amended by GC190/86 and by Road Traffi (Safety Equipment) At 1991 s Para repealed by Road Traffi (Amendment) At 2001 Sh Subs (8) amended by GC190/86, by Road Traffi (Safety Equipment) At 1991 s 1 and by Consumer Protetion At 1991 Sh Subs (1) amended by GC190/ Subs (5) substituted by Road Traffi (Amendment) At 2006 s Subs (5A) repealed by Road Traffi (Amendment) At 2006 s Para amended by Road Traffi (Amendment) At 2006 s Para repealed by Road Traffi (Amendment) At 2006 s Para () amended by Road Traffi (Amendment) At 2006 s Para (d) added by Road Traffi (Amendment) At 206 s Subs (7) amended by Road Traffi (Amendment) At 2006 s S 25A inserted by Road Traffi (Amendment) At 1996 s Subs (1) amended by GC190/ Subs (1) amended by GC190/ Subs (2) amended by GC190/ Para amended by Misellaneous Provisions At 1986 s Para amended by Road Traffi (Amendment) At 2001 Sh Subs (4) amended by GC190/ Subs (5) amended by Statute Law Revision At 1989 Sh S 28A inserted by Road Traffi (Amendment) At 2001 s Subs (1) amended by GC190/ Subs (2) amended by GC190/ S 31 substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s 11. AT 23 of 1985 Page 165

166 Endnotes Road Traffi At S 32 amended by GC190/ S 39 repealed by Road Transport At 2001 Sh Subs (1) amended by GC190/ Subs (6) amended by GC190/86 and by Transfer of Governor s Funtions At 1992 Sh Subs (10) amended by GC190/ Subs (2) amended by SD41/ Para amended by Road Traffi (Amendment) At 2001 s Subs (1) amended by SD41/ Subs (2A) inserted by Road Traffi (Amendment) At 2001 s Para amended by GC190/ Para (aa) inserted by Road Traffi (Amendment) At 2001 s Para (ab) inserted by Road Traffi (Amendment) At 2001 s Para (f) amended by SD41/ Subs (2) amended by Road Traffi (Amendment) At 2001 s Para amended by SD41/ S 51 amended by Road Traffi At 1989 Sh Subs (6) inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s S 54 amended by GC190/86 and by SD41/ Subs (1) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Para (aa) inserted by Statute Law Revision At 1992 Sh Subs (2) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Para amended by GC190/86 and by SD41/ Subs (1) amended by GC190/86 and by SD41/ Subs (2) substituted by Administration of Justie At 2008 Sh Subs (3) amended by GC190/86 and by SD41/ S 58A inserted by Road Traffi (Amendment) At 2001 s S 60 amended by GC190/86 and by SD41/ S 62 amended by GC190/ Subs (1) amended by GC190/86 and by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subs (2) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subs (3) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subs (4) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s 15. Page 166 AT 23 of 1985

167 Road Traffi At 1985 Endnotes 120 Subs (5) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subs (2) amended by GC190/ Definition of learner motor yle inserted by the Road Traffi (Amendment) At 2001 Sh Definition of moped inserted by the Road Traffi (Amendment) At 2001 Sh Subpara (i) amended by GC190/ Subs (6) amended by GC190/ Subs (2) amended by GC190/ Para amended by GC190/ Para () added by Road Traffi At 1989 s Definition of the Board repealed by GC190/ Definition of the Department inserted by GC190/86 and amended by SD155/10 Sh Definition of the Harbour Board repealed by GC190/ Definition of the Loal Government Board repealed by GC190/ Definition of medial pratitioner inserted by Medial At 1985 Sh Definition of presribed amended by GC190/ Subs (1) amended by GC190/ Subs (2) amended by GC190/ S 74 heading amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subs (1) amended by GC190/86 and by SD41/ Subs (1A) repealed by SD41/ Subs (2) amended by GC190/86 and by SD41/ Para substituted by Road Traffi (Amendment) At 1996 Sh 2 and amended by Road Traffi At 1999 s 6, Road Traffi (Amendment) At 2001 s 6 and s 9 and Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subs (4) added by Road Traffi At 1999 s Subs (5) added by Road Traffi At 1999 s 6 and amended by Road Traffi (Amendment) At 2001 s Subs (1) amended by GC190/ Subs (2) amended by GC190/ Subs (1) amended by GC190/ Subs (1) amended by GC190/ Subs (1) amended by GC190/86 and by Statute Law Revision At 1989 Sh S 79A inserted by Road Traffi (Amendment) At 2001 s 9(1). 150 Subs (3) repealed by Statute Law Revision At 1992 Sh Subs (2) amended by GC190/ ADO (whole At exept ss 8, 9, 14, 25, in Sh 3 Part I para 6(5) to (7), in Sh 6 Part I the entries relating to ss 8(1), 9(1), 14(1) and 25(3)) 1/1/1986 (GC341/85); (s 25(5), (6) and AT 23 of 1985 Page 167

168 Endnotes Road Traffi At 1985 (7)) 1/11/1990 (GC281/90); (Sh 3 para 6(5) to (7)) 1/4/1992 (GC60/92); (s 8) 1/3/1993 (SD104/93); (s 25(1) to (4)) 1/4/1993 (SD104/93); (s 14) 1/11/1993 (SD401/93). 153 Para 4 added by Road Traffi (Amendment) At 2001 s Subpara (1) amended by GC190/ Subpara (2) amended by GC190/ Subpara (4) amended by GC190/ Subpara (3) amended by GC190/ Para 2A inserted by Road Traffi (Amendment) At 1996 s Para 2B inserted by Road Traffi (Amendment) At 1996 s Subpara (1) amended by GC190/ Subpara (2) amended by GC190/ Subpara (3) substituted by Road Traffi (Amendment) At 2001 s Subpara (4) amended by GC190/ Subpara (1) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (1A) inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (1B) inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (3A) inserted by Road Traffi (Amendment) At 1996 s Subpara (3B) inserted by Road Traffi (Amendment) At 1996 s Subpara (6) amended by GC190/ Subpara (1) amended by GC190/ Subpara (6) amended by GC190/ Subpara (8) amended by GC190/ Subpara (1) amended by GC190/ Para 6A inserted by Road Traffi At 1989 s Para 6B inserted by Road Traffi At 1989 s Para 6C inserted by Road Traffi At 1989 s Para 6CA inserted by Road Traffi (Amendment) At 2001 s Para 6D repealed by Road Transport At 2001 Sh Para 6E inserted by Road Traffi (Amendment) At 1996 s Para 6F inserted by Road Traffi (Amendment) At 1996 s Para 6FA inserted by Road Traffi (Amendment) At 2001 s Para 6G inserted by Road Traffi (Amendment) At 1996 s Para 6GA inserted by Road Traffi (Amendment) At 2001 s Para 6H inserted by Road Traffi (Amendment) At 1996 s Subpara (1) amended by Road Traffi (Amendment) At 2001 s Para 6I inserted by Road Traffi (Amendment) At 1996 s Para amended by Road Transport At 2001 Sh 3. Page 168 AT 23 of 1985

169 Road Traffi At 1985 Endnotes 188 Para 6J inserted by Road Traffi (Amendment) At 1996 s 15. Definition of publi passenger vehile (previously publi servie vehile ) substituted by Road Transport At 2001 Sh Para 6K inserted by Road Traffi (Amendment) At 2001 s Subpara (1) amended by GC190/ Subpara (1) amended by GC190/ Para 9A inserted by Road Traffi At 1989 s Definition of authorised examiner amended by GC190/86 and by Statute Law Revision At 1989 Sh Subpara (1) amended by Road Traffi (Amendment) At 2001 Sh Subpara (2) amended by Road Traffi (Amendment) At 2001 Sh Subpara (4) added by Road Traffi (Amendment) At 2001 Sh Subpara (5) added by Road Traffi (Amendment) At 2001 Sh Item amended by Road Traffi (Amendment) At 2001 Sh Item (d) amended by Road Traffi At 1989 s Subpara (1) amended by GC69/86 and by SD41/ Item substituted by Road Traffi (Amendment) At 2001 Sh Subpara (2) amended by GC190/ Subpara (2A) substituted by Road Traffi (Amendment) At 2001 Sh Subpara (2B) inserted by Road Traffi (Amendment) At 2001 Sh Subpara (2C) inserted by Road Traffi (Amendment) At 2001 Sh Subpara (2D) inserted by Road Traffi (Amendment) At 2001 Sh Subpara (3) amended by GC190/ Subpara (6) substituted by Road Traffi At 1989 s Subpara amended by GC190/ Subpara (d) amended by GC190/ Subpara (2) amended by SD41/ Item amended by SD41/ Subpara (3) amended by SD41/ Item (i) amended by SD41/ Subpara (4) amended by SD41/ Subpara (5) amended by SD41/ Item amended by SD41/ Subpara (6) amended by SD41/ Item amended by SD41/ Item amended by SD41/ Item amended by SD41/ Subpara (1) amended by Road Traffi (Exess Alohol) At 1991 s 2 and by SD41/ Item amended by SD41/ Subpara (3) amended by SD41/ Subpara (4) amended by SD41/93. AT 23 of 1985 Page 169

170 Endnotes Road Traffi At Item amended by SD41/ Subpara (5) amended by SD41/ Item amended by SD41/ Subpara (1) amended by SD41/ Subpara (2) amended by SD41/ Subpara (3) amended by SD41/ Para 5A inserted by Road Traffi (Amendment) At 1991 s Item amended by SD41/ Subitem (i) amended by SD41/ Item (aa) inserted by Road Traffi (Amendment) At 1991 s 2 and amended by SD41/93. Subitem (ii) amended by Road Traffi (Amendment) At 2001 Sh Item (ab) inserted by Road Traffi (Amendment) At 2001 Sh Item amended by SD41/ Subpara (1) amended by SD41/ Subpara (1A) inserted by Road Traffi (Amendment) At 2001 Sh Subpara (2) substituted by Road Traffi (Amendment) At 1996 s Subparas (2A) and (2B) repealed by Road Traffi (Amendment) At 2001 Sh Subpara (2C) inserted by Road Traffi (Amendment) At 1996 s 6 and amended by Road Traffi (Amendment) At 2001 Sh Subpara (2D) inserted by Road Traffi (Amendment) At 1996 s Item () substituted by Road Traffi (Amendment) At 2001 Sh Subpara (2E) inserted by Road Traffi (Amendment) At 1996 s 6. Item (d) added by Road Traffi (Amendment) At 2001 Sh Subpara (2F) inserted by Road Traffi (Amendment) At 1996 s Subpara (3) repealed by Road Traffi (Amendment) At 2001 Sh Subpara (3A) substituted by Road Traffi (Amendment) At 2001 Sh Subpara (3AA) inserted by Road Traffi (Amendment) At 2001 Sh Subpara (3B) inserted by Road Traffi (Amendment) At 1991 s Subpara (3C) inserted by Road Traffi (Amendment) At 1996 s Subpara (4) amended by Road Traffi (Amendment) At 1991 s 2 and by SD41/93. Item (d) amended by SD41/ Subpara (5) amended by Road Traffi (Amendment) At 1996 s 6. Item amended by Road Traffi (Amendment) At 1996 s Subpara (6) amended by SD41/ Subpara (7) repealed by Road Traffi (Amendment) At 1996 s Item amended by SD41/ Subpara (8) amended by SD41/ Subpara (10) repealed by Road Traffi (Amendment) At 2001 Sh Para 6A inserted by Road Traffi (Amendment) At 1996 s Subpara (1) amended by Road Traffi (Amendment) At 2006 s 2 with saving. 261 Subpara (1A) inserted by Road Traffi (Amendment) At 2006 s 2 with saving. Page 170 AT 23 of 1985

171 Road Traffi At 1985 Endnotes 262 Item amended by Road Traffi (Amendment) At 2006 s 2 with saving. 263 Subpara (3A) inserted by Road Traffi (Amendment) At 2006 s 2 with saving. 264 Subpara (5) amended by Road Traffi (Amendment) At 2006 s 2 with saving. 265 Subpara (6) amended by Road Traffi (Amendment) At 2006 s 2 with saving. 266 Para 6B inserted by Road Traffi (Amendment) At 1996 s Para 6C substituted by Road Traffi (Amendment) At 2006 s 2 with saving. 268 Para 6D inserted by Road Traffi (Amendment) At 2006 s 2 with saving. 269 Item substituted by Road Traffi (Amendment) At 1991 s Item (aa) inserted by Road Traffi (Amendment) At 1991 s Item substituted by Road Traffi (Amendment) At 1991 s 1 and amended by SD41/ Item (d) amended by SD41/ Subpara (2) amended by SD41/ Item amended by SD41/ Subpara (3) amended by SD41/ Subpara (1) amended by SD41/ Subpara (1) amended by SD41/ Subpara (2) amended by SD41/ Subpara (1) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (1A) inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (3) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (3A) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (3B) inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (5) amended by SD41/93, by Road Traffi (Amendment) At 1996 s 9 (as amended) and by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (5A) substituted by Statute Law Revision At 1997 Sh Item (d) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (5B) inserted by Road Traffi (Amendment) At 1996 s Subpara (6) substituted by Road Traffi At 1999 s Subpara (7) added by Road Traffi At 1999 s 5 and amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (8) added by Road Traffi At 1999 s Subpara (1) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s 18. AT 23 of 1985 Page 171

172 Endnotes Road Traffi At Subpara (1) amended by Road Traffi (Exess Alohol) At 1991 s Subpara (8) amended by Road Traffi (Amendment) At 2001 Sh Subpara (1) amended by Summary Jurisdition At 1989 Sh Subpara (2) amended by SD41/ Subpara (3) amended by SD41/ Para 21A inserted by Road Traffi (Amendment) At 1996 s Subpara (1) amended by SD41/ Subpara (2) repealed by SD41/ Definition of extended test inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Para 1 amended by GC190/ Subpara (1) amended by GC190/ Subpara (1) amended by Road Traffi (Amendment) At 2006 s 3 and by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (2) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (6) added by Road Traffi (Amendment) At 2006 s Subpara (7) added by Road Traffi (Amendment) At 2006 s Subpara (8) added by Road Traffi (Amendment) At 2006 s Cross-heading amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (1) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (2) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Item amended by GC120/ Cross-heading inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Paragraph 4A inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Item amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (2) amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (4) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Item amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (1) amended by GC190/ Subpara (1) substituted by Road Traffi (Amendment) At 2006 s Subpara (2) substituted by Road Traffi (Amendment) At 2006 s Subpara (2A) inserted by Road Traffi (Amendment) At 2006 s 4. Page 172 AT 23 of 1985

173 Road Traffi At 1985 Endnotes 322 Subpara (2B) inserted by Road Traffi (Amendment) At 2006 s Para 9 substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Opening words of subpara (1) and item substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Item (d) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Item (e) amended by GC190/ Subpara (2) substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (2A) inserted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Para 11 amended by GC190/86. Para () added by Road Traffi (Amendment) At 2006 s Subpara (1) amended by GC190/ Subpara (2) amended by GC190/ /10/ Paras 17 to 19 repealed by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (1) amended by Road Traffi (Amendment) At 2001 s Subpara (1) amended by Treasury At 1985 s 7 and by Road Traffi (Amendment) At 1996 s Para (1A) inserted by Road Traffi (Amendment) At 1996 s Item amended by GC120/ Item substituted by Road Traffi At 1989 Sh 4 and amended by Road Traffi (Amendment) At 2001 s Item (aa) inserted by SD97/ Subitem (i) added by SD97/ Item amended by SD97/94. Subitem (ii) added by SD97/ Subpara (4) substituted by Road Traffi At 1989 Sh Subpara (4A) inserted by SD97/ Subpara (7) amended by GC41/ Subpara (2) amended by Treasury At 1985 s Item amended by Road Transport At 2001 Sh Subpara (4) amended by Road Traffi (Amendment) At 2001 s Subpara (5) amended by GC69/86 and by SD41/ Subpara (4) repealed by Road Traffi At 1989 s Subpara (5) amended by SD41/ Subpara (8) added by Road Traffi (Amendment) At 1986 s 1 and amended by Road Transport At 2001 Sh 3. AT 23 of 1985 Page 173

174 Endnotes Road Traffi At Subpara (9) added by Road Traffi (Amendment) At 1986 s Subpara (1) substituted by Road Traffi At 1989 Sh Subpara (1A) inserted by Road Traffi At 1989 Sh Subpara (1B) inserted by Road Traffi At 1989 Sh Subpara (1C) inserted by Road Traffi At 1989 Sh Subpara (1D) inserted by Road Traffi At 1989 Sh Subpara (1E) inserted by Road Traffi At 1989 Sh Item () amended by Road Traffi At 1989 Sh Subpara (4A) inserted by Road Traffi At 1989 Sh Subpara (4B) inserted by Road Traffi At 1989 Sh Subpara amended by Statute Law Revision At 1997 Sh Subpara (1) amended by Statute Law Revision At 1989 Sh Subpara (2) amended by Statute Law Revision At 1989 Sh Item amended by SD41/ Para 11 amended by SD41/ Para 11A inserted by Road Traffi At 1989 Sh 4 and amended by SD41/ Definition of authorised insurer substituted by Statute Law Revision At 1992 Sh 1 and amended by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Definition of motor insurane inserted by Statute Law Revision At 1992 Sh Definition of motor insurane business inserted by Statute Law Revision At 1992 Sh Subpara (3) added by Road Traffi At 1989 Sh Part I amended by Summary Jurisdition At 1986 s 6, by Road Traffi At 1989 ss 4, 5, 6 and 7, by Road Traffi (Amendment) At 1991 s 1, by Road Traffi (Amendment) At 1996 ss 1, 2, 4, 6, 8, 12, 13, 15 and Sh 2, by Road Traffi At 1999 s 6, by Road Traffi (Amendment) At 2001 ss 11 and 15 and Sh 1, by Road Transport At 2001 Sh 4, by Road Traffi (Amendment) At 2001 s16 and Sh 1, by Road Traffi (Amendment) At 2006 ss 1(8) and 6, and Road Traffi and Highways (Misellaneous Amendments) At 2012 s 21. Entry relating to s 9(1) not yet in operation. 373 Item 3A inserted by Road Traffi (Amendment) At 1991 s Part IV substituted by Road Traffi and Highways (Misellaneous Amendments) At 2012 s Subpara (3) amended by GC190/ Sh 9 repealed by Statute Law Revision At 1992 Sh 2. Page 174 AT 23 of 1985