The Road Traffic Ordinance 1998 (Temporary Measures) (Expired Driving Licences) (No.2) Ordinance H.3

BRITISH INDIAN OCEAN TERRITORY REVISED ORDINANCES OF THE BRITISH INDIAN OCEAN TERRITORY THE ROAD TRAFFIC ORDINANCE 1998 (TEMPORARY MEASURES) (EXPIRED DRIVING LICENCES) (No.2) ORDINANCE 2020 CHAPTER H.3 Revised Edition Showing the law as at 1 September 2020 Published by Authority REVISED ORDINANCES OF THE BRITISH INDIAN OCEAN TERRITORY THE ROAD TRAFFIC ORDINANCE 1998 (TEMPORARY MEASURES) (EXPIRED DRIVING LICENCES) (No.2) ORDINANCE 2020 CHAPTER H.3 Revised Edition Showing the law as at 1 September 2020 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Ordinance 2015 and contains: The Road Traffic Ordinance 1998 (Temporary Measures) (Expired Driving Licences) (No.2) Ordinance 2020 - Ordinance No.6 of 2020 ã British Indian Ocean Territory Administration All rights reserved. No part of this publication may be reproduced in any form or by any means (including photocopying or copying in electronic format) without the written permission of the Commissioner of the British Indian Ocean Territory, or otherwise as permitted under the terms of a licence from the British Indian Ocean Territory Administration. 2 REVISED ORDINANCES OF THE BRITISH INDIAN OCEAN TERRITORY THE ROAD TRAFFIC ORDINANCE 1998 (TEMPORARY MEASURES) (EXPIRED DRIVING LICENCES) (No.2) ORDINANCE 2020 CHAPTER H.3 ARRANGEMENT OF SECTIONS Section Page 1. Citation and commencement. 4 2. Definition. 4 3. Authorisation to drive after driving licence has 4 expired. 4. Extent of authorisation. 4 5. Effect of authorisation. 5 6. Ordinance to expire unless extended. 5 SCHEDULE 6 3 REVISED ORDINANCES OF THE BRITISH INDIAN OCEAN TERRITORY THE ROAD TRAFFIC ORDINANCE 1998 (TEMPORARY MEASURES) (EXPIRED DRIVING LICENCES) (No.2) ORDINANCE 2020 CHAPTER H.3 An Ordinance to make temporary provisions concerning expired driving licences, where it has not been possible for the licence-holders to renew or otherwise extend those licences. Citation and commencement. 1. This Ordinance may be cited as the Road Traffic Ordinance 1998 (Temporary Measures) (Expired Driving Licences) (No.2) Ordinance 2020, ROBIOT c.H.3. Definition. 2. The “Principal Ordinance” means the Road Traffic Ordinance 1998. Authorisation to drive after driving licence has expired. 3. (1) Subject to section 4, the Chief of Police may authorise any person who satisfies the expired driving licence criteria to drive a motor vehicle of any class or description in the Territory. (2) A person satisfies the expired driving licence criteria if – (a) the person was the holder of a driving licence which complied with section 4(4) of the Principal Ordinance on 30 March 2020; (b) the driving licence has expired, and (c) it has not been possible for the person to extend or otherwise renew that driving licence. Extent of authorisation. 4. An authorisation granted by the Chief of Police pursuant to section 3(1) – (a) shall be in the form set out in the Schedule; 4 (b) may only permit the driving of a motor vehicle of the same class or description as was authorised by the expired driving licence; (c) shall only be of effect whilst this Ordinance is in force, and (d) may be withdrawn by the Chief of Police at any time and for any reason. Effect of authorisation. 5. (1) A person driving a motor vehicle in accordance with an authorisation granted pursuant to section 3(1) shall not be required – (a) to comply with section 4(1) of the Principal Ordinance; (b) to produce a driving licence if requested by a Police Officer pursuant to section 5(1) of the Principal Ordinance. (2) Despite section 4(2) of the Principal Ordinance, a person may permit or employ any other person to drive a motor vehicle in accordance with an authorisation granted to that other person pursuant to section 3(1). Ordinance to expire unless extended. 6 . This Ordinance continues in force until 22 September 2020 and then expires unless the Commissioner, by Order which shall be published in the Gazette, extends its duration for such further period or periods as the Commissioner may from time to time order. ______________ 5 SCHEDULE Section 4(a) BRITISH INDIAN OCEAN TERRITORY AUTHORISATION TO DRIVE A MOTOR VEHICLE Section 3(1) Road Traffic Ordinance 1998 (Temporary Measures) (Driving Licences) (No.2) Ordinance 2020 I, [name], Chief of Police, hereby authorise the person named below to drive a motor vehicle, pursuant to section 3(1) of the Road Traffic Ordinance 1998 (Temporary Measures) (Driving Licences) (No.2) Ordinance 2020 (the “Temporary Ordinance”). Name of authorised person Date of birth Expired driving licence number Issued by Date of expiry Time and date of authorisation ………….……………………….. [name] Chief of Police British Indian Ocean Territory [date] Notes: 1. This authorisation may be withdrawn by the Chief of Police at any time and for any reason. 2. The holder of this authorisation may only drive a motor vehicle of the same class or description as was authorised by the expired driving licence. 3. This authorisation shall only be of effect whilst the Temporary Ordinance is in force. 4. The requirements set out in Part III of the Road Traffic Ordinance 1998 (compulsory insurance) are unaffected by this authorisation. 6 EXPLANATORY NOTE (This note is not part of the Ordinance) This Ordinance further enables the Chief of Police to authorise specific persons to drive motor vehicles in the Territory after their driving licences have expired. These measures were introduced on 14 April 2020, on a temporary basis, in recognition of the difficulties experienced in Diego Garcia as a result of responses to the Covid-19 pandemic. Due to restrictions on travel and absence of staff at government departments in relevant countries, some persons in the Territory have been unable to extend or otherwise renew their driving licences. This Ordinance continues to address these problems for such time as the issue persists. It does not present an ongoing mechanism for authorisation to be given to drivers whose licences have expired outside these circumstances. 7 8