Road Traffic Ordinance, 2016

ST HELENA REVISED EDITION OF THE LAWS, 2017 INFRASTRUCTURE & PUBLIC UTILITIES ROAD TRAFFIC ORDINANCE, 20161 Ordinance 16 of 2016 Not yet in force2 Amended by Ordinances 7 of 2017 (in force 30 March 2017) and 14 of 2017 (in force 18 September 2017) No subsidiary legislation to 1 November 2017 ______________________ ROAD TRAFFIC ORDINANCE, 2016 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title and commencement 2. Interpretation 3. Appointment of officers PART II REGULATION OF MOTOR VEHICLES 4. Governor in Council may make regulations 5. Offences relating to construction and use regulations PART III REGISTRATION AND LICENSING OF MOTOR VEHICLES AND TRAILERS 6. Registration of motor vehicles and trailers 7. Particulars entered in form of application 8. Notification of change of ownership 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 1 November 2017. 2 When this Ordinance comes into force, it will replace the Road Traffic Ordinance,1985 and references in other laws to provisions of the RTO, 1985 should be read as references to equivalent provisions of this Ordinance. 2 9. Amendment of register and licence 10. Prohibition of use of motor vehicles or trailers without licences 11. Application for and issue of motor vehicle or trailer licence 12. Duration of licence 13. Refund of licence fees 14. Suspension of motor vehicle or trailer licences for defects 15. Duplicate licences PART IV LICENSING OF DRIVERS OF MOTOR VEHICLES 16. Licensing of drivers of motor vehicles 17. Recognition of foreign licences 18. Meaning of foreign driving licence 19. Duration of licence 20. Provisions as to physical fitness of applicants for licences 21. Provisions as to competence to drive and control a motor vehicle 22. Not used 23 Disqualification for offences 24. Provisions as to disqualifications and suspensions 25. Surrender of licences 26. Production of licences to police officers PART V DRIVING OF MOTOR VEHICLES AND CONNECTED OFFENCES 27. Restriction on driving by young persons 28. Safety measures for control of speed 29. Evidence of speed 30. Causing death by driving 31. Dangerous driving 32. Careless and inconsiderate driving 33. Offence of aiding, abetting, counselling, procuring or inciting the commission of an offence 34. Racing 35. Causing danger to road-users 36. Prohibition of driving motor vehicles elsewhere than on roads 37. Persons to comply with traffic directions 38. Mobile telephones, hand-held radios and any other hand-held communication devices 39. Fitting and supply of defective or unsuitable vehicle parts 40. Driving with uncorrected defective eyesight 41. Pillion riding 42. Duty to give name and address and stop, and power of arrest in certain cases 43. Restriction on prosecutions under the preceding sections 44. Duty to stop in case of accident PART VI DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS 45. Driving or being in charge of vehicle while under influence of alcohol or drugs 3 46. Driving or being in charge of vehicle with alcohol concentration above prescribed limit 47. Driving or being in charge of vehicle with drug concentration above prescribed limit 48. Power to administer preliminary tests 49. Preliminary breath test 50. Preliminary impairment test 51. Preliminary drug test 52. Arrest 53. Power of entry 54. Provision of specimens for analysis 55. Specimens of blood taken from persons incapable of consenting 56. Choice of specimens of breath 57. Protection for hospital patients 58. Detention of persons affected by alcohol or drugs 59. Interpretation of Part VI 60. Approved devices 61. Prescribed limits for alcohol and drugs 62. Evidence 63. Further provisions as to specimens 64. Disqualification for Part VI offences. PART VII RIDING OF PEDAL CYCLES AND CONNECTED OFFENCES 65. Reckless and dangerous cycling 66. Careless or inconsiderate cycling 67. Cycling when under the influence of alcohol or drugs 68. Restriction on carriage of persons on bicycles or tricycles PART VIII HIGHWAY AUTHORITY 69. Highway Authority 70. Powers and duties of Highway Authority 71. Highway Code 72. Regulation of traffic by signs PART IX MISCELLANEOUS OFFENCES 73. Failure to comply with police traffic direction 74. Motor cycle and pedal cycle helmets 75. Restrictions on towing and tampering with motor vehicles 76. Taking motor vehicle without owner’s consent 77. Leaving vehicle in dangerous position 78. Stretching of ropes, wire or other apparatus across highway 79. Forgery of licences and certificates 80. Prosecution and penalties for offences PART X 4 SUPPLEMENTARY PROVISIONS 81. Provisions applicable to vehicles and persons in Crown service 82. Forfeiture of vehicles 83. Restrictions on use of road or public place 84. Exceptions for emergency services 85. Power to seize vehicles driven without licence or insurance, or failing to stop 86. Removal of vehicles from road 87. Regulations relating to removal, etc. 88. Seat belts 89. Penalty notices (Not used) 90. Public service vehicles and taxis 91. Repeal and amendment of legislation 92. Transitional provisions Schedule 1: Foreign Driving Licences AN ORDINANCE to consolidate and amend the law relating to road traffic. PART I PRELIMINARY Short title and commencement 1. (1) This Ordinance may be cited as the Road Traffic Ordinance, 2016, and comes into force on a date or dates fixed by the Governor by order.3 (2) An order under subsection (1) may— (a) appoint different dates for different provisions or for different purposes of the same provision; and (b) contain such transitional or consequential provisions as appear to the Governor to be necessary or convenient. Interpretation 2. In this Ordinance, unless the context otherwise requires— “agricultural vehicle” means any vehicle which is used for the internal operation of a farm; “bus” means a motor vehicle, which is constructed to carry over 8 passengers including the driver; “certificate of insurance” means a certificate issued by an insurer in respect of a policy of insurance as required under the Motor Vehicle (Third Party Insurance) Ordinance, 1962; “driver”, where a separate person acts as steerer of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and the expression “drive” is to be construed accordingly; “driver’s licence” means a licence granted under section 16; “driving”, in relation to a vehicle, means a person has control over the vehicle’s movement and direction; 3 No commencement order had been made by 1 November 2017 5 “drug” includes any intoxicant other than alcohol; “examiner” means a driving examiner appointed under section 3(2); “exempted vehicle” means a vehicle that has been exempted under section 10(3); “foreign driving licence” means a licence referred to in section 18(1); “Highway Authority” means the authority referred to in section 69 and includes any person authorised by the authority to act on its behalf; “inspector” means a vehicle inspector appointed under section 3(2); “large motor cycle” means a mechanically propelled vehicle with— (a) less than 4 wheels; (b) a power output more than 35kW; and (c) a power to weight ratio more then 0.2W/Kg. “large vehicle” means a motor vehicle constructed to carry a load or up to 8 passengers and with an authorised mass of over 16,534lb (7,500kg); “Licensing Officer” means the Licensing Officer referred to in section 3; “light motor cycle” means a mechanically propelled vehicle with— (a) less than four wheels; (b) an engine size no greater than 125cc; (c) a power output of up to 11kW; and (d) a power to weight ratio not more than 0.1W/kg; “medium motor cycle” means a mechanically propelled vehicle which has— (a) less than four wheels; (b) a power output of up to 35kW; and (c) a power to weight ratio not more than 0.2W/kg but which is not a light motor cycle; “motor car” means a motor vehicle, not being a motorcycle or a quadricycle, which is constructed to carry a load or up to 8 passengers including the driver and with a maximum authorised mass of up to 7,716lb (3,500kg); “motor cycle” is a light motor cycle or medium motor cycle or large motor cycle; “motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads; “owner”, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement; “prescribed” means prescribed by regulations made under this Ordinance; “public service vehicle” means a motor vehicle used to carry goods for hire or reward that is not a taxi; “quadricycle” means a motor vehicle with four wheels and having an unladen mass (excluding the mass of the batteries in the case of an electric vehicle) not exceeding 1,212lb (550kg); “Registrar” means the Registrar referred to in section 3; “road” means any highway and any other road to which the public has access, and includes bridges over which the road passes, the quay at Jamestown and any area to which a motor vehicle has public access at the St Helena Airport; “sign” includes markings painted on the surfaces of roads, and references to the erection of signs are to be construed accordingly; “taxi” means a motor vehicle, designed for the carriage of no more than 8 persons including the driver, standing or plying for hire; “traffic sign” includes any warning sign-post, direction post, sign, road marking or other device for the guidance or direction of persons using roads; “trailer” means any vehicle other than a side car attached to and drawn by a motor vehicle; 6 “vehicle” means and includes every type of machine or implement of any kind which is drawn or propelled along any road. Appointment of officers 3. (1) The Director of Police is to be the Registrar and Licensing Officer for the purpose of this Ordinance. (2) The Director of Police may appoint— (a) inspectors and examiners; and (b) persons to carry out any functions of the Registrar or Licencing Officer on his or her behalf. (3) It is an offence for a person to– (a) obstruct a person designated by or appointed under this section and exercising functions conferred by or under this Ordinance; or (b) fail to comply with a requirement of this Ordinance. Penalty: A fine of £5,000 or imprisonment for 12 months, or both. (4) A person who, with intent to deceive, falsely represents himself or herself to be, or to be employed by, a person designated by or appointed under this section, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months or both. PART II REGULATION OF MOTOR VEHICLES Governor in Council may make regulations 4. The Governor in Council may make regulations generally as to the use of motor vehicles and trailers on roads, their construction and equipment and the conditions under which they may be used, and in particular, but without limiting this power, may make regulations with respect to any of the following matters: (a) the width, height and length of motor vehicles and trailers, the diameter of wheels, and the width, nature and condition of tyres of motor vehicles and trailers; (b) the maximum weight unladen and laden of motor vehicles and trailers, and the conditions under which the weights may be required to be tested; (c) the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order, and for empowering persons appointed by the Director of Police to test and inspect any such brakes, silencers or steering gear; (d) the appliances to be fitted for signalling the approach of a motor vehicle, or enabling the driver of a motor vehicle to become aware of the approach of another vehicle from the rear, and for securing that they are efficient and kept in proper working order; (e) the plates to be affixed to or particulars to be marked on motor vehicles and trailers; (f) the exclusion of any class of motor vehicle, or attachment; (g) public service vehicles, taxis and buses; 7 (h) the maximum speed at which a motor vehicle may be driven on any section of a road or as to the gear to be employed for reducing and checking the speed of a motor vehicle when approaching and descending gradients or as to other safety measures; (i) the training of drivers and qualifications of driver trainers; (j) the wearing of helmets by persons on motor cycles and quadricycles for protection from injury in the event of accident, and the types of helmet to be so worn, (k) the different classes or description of vehicles or as respects the same class or description of vehicles in different circumstances. (l) prescribing the appliances to be fitted to bicycles or tricycles, not being motor vehicles; (m) for the removal from roads of vehicles which have broken down and of the loads carried thereby or of vehicles which have been left in a dangerous position on a road; (n) the level of emissions permitted from vehicles; (o) requirements for any vehicle being imported to St Helena and the number of such vehicles permitted; (p) prescribing the permitted appliances to be fitted to vehicles; (q) parking in Jamestown and other locations of St Helena and prescribing parking fees, fines and matters related thereto; (r) loading and unloading of vehicles; (s) relating to fitness to drive tests and related medical assessment. (t) prescribing the fees payable for any matter under this Ordinance; (u) generally for carrying into effect the provisions of this Ordinance; Offences relating to construction and use regulations 5. (1) If a motor vehicle or trailer does not comply with any regulations applicable to the class or description of vehicles to which the vehicle belongs, as to the construction and equipment of it, any person who so uses the vehicle on any road or causes or permits the vehicle to be so used commits an offence: Penalty: A fine of £500 or imprisonment for 3 months, or both. (2) If— (a) a motor vehicle or trailer carries on any road a load in excess of the maximum weight fixed by regulations for the class or description of vehicles to which the vehicle belongs; or (b) a motor vehicle carries on any road any passengers in excess of the number which it is permitted to carry by the regulations applicable to the class or description of vehicles to which the vehicle belongs, the driver of the vehicle and any person who causes or permits the vehicle to be so used commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. PART III REGISTRATION AND LICENSING OF MOTOR VEHICLES AND TRAILERS Registration of motor vehicles and trailers 8 6. The owner of a motor vehicle or trailer must apply to the Registrar for registration of the motor vehicle or trailer and must provide, in the prescribed form, any information respecting the motor vehicle or trailer that is required. Particulars entered in form of application 7. (1) Before registering any motor vehicle or trailer, the Registrar must verify all particulars entered in the application form and may, if the Registrar thinks it necessary, cause the vehicle or trailer to be examined by an inspector to ensure that it conforms with the requirements of any regulation. (2) The owner of the motor vehicle or trailer must pay the prescribed fee for the inspection of the motor vehicle or trailer under subsection (1). Notification of change of ownership 8. (1) If there is any change in ownership of a motor vehicle or trailer, otherwise than by death of the owner or part owner, the existing owner or part owner must notify the Registrar of the change in ownership, whether in whole or in part, and the new owner must register the change of ownership in the prescribed form within 7 days of the change in ownership. (2) On the death of the registered owner or part owner of a motor vehicle or trailer, the person entitled to the custody or use of the motor vehicle or trailer must within 7 days give notice of the death in writing to the Registrar, and the new owner or part owner must effect registration within 7 days of obtaining possession or of the right of exercising ownership. (3) A person who wilfully refuses or without lawful excuse neglects to notify the change in ownership of a motor vehicle or trailer within the prescribed period commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. Amendment of register and licence 9. On transfer of ownership of a motor vehicle or trailer, the Registrar and Licensing Officer must, on payment of the prescribed fee, amend the register and the licence, but are not required to issue a new licence. Prohibition of use of motor vehicles or trailers without licences 10. (1) Subject to subsection (2), a motor vehicle or trailer may not be used, driven or remain on any road or public place unless it is licensed under this Ordinance. (2) If in the opinion of the Licensing Officer it is necessary for an unlicensed motor vehicle or trailer to be used, driven or remain on a road or public place for the purpose of being examined by an inspector in accordance with section 11(2) or for the purposes of being prepared for, or driven to or from such an inspection, the Licensing Officer may grant a permit authorising the motor vehicle or trailer to be used on a road for that purpose at such time and subject to such conditions as the Licensing Officer determines. 9 (3) If in the opinion of the Licensing Officer it is necessary to exempt certain types of motor vehicles such as cranes, crushers or any other type of specialised vehicle, the Licensing Officer may grant a certificate of exemption to the applicant provided the applicant presents, at the time of the application for exemption, whenever it is relevant, a competency operator certificate in respect of the type of vehicle that is exempted. The Certificate of Exemption must contain a full description of the vehicle being exempted. (4) If a motor vehicle or trailer is used, driven or remains on a road or public place in contravention of this section, the driver of the vehicle or trailer and any person who causes or permits the vehicle or trailer to be so used or driven, or to so remain, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. Application for and issue of motor vehicle or trailer licence 11. (1) The owner, or any person authorised by the owner, of a motor vehicle or trailer must apply to the Licensing Officer for a motor vehicle or trailer licence. (2) The Licensing Officer must not grant a motor vehicle or trailer licence unless— (a) the motor vehicle or trailer has been registered; (b) subject to subsection (4), the motor vehicle or trailer has, within the preceding 3 months, been examined by an inspector and certified by him or her in the prescribed form that it complies with the regulations relating to the construction, equipment or use of motor vehicles or trailers and that its condition is not such as to cause danger to any person travelling in it or being upon any road; and (c) on the date when the licence comes into operation there will be in force a policy of insurance complying with the requirements (if any) of the Motor Vehicles (Third Party Insurance) Ordinance, 1962 in relation to the use of that motor vehicle by the applicant or by other persons on the applicant’s order or with his or her permission. (3) The Licensing Officer may seek the following information from services providing motor vehicle third party insurance which such services may lawfully disclose — (a) details of motor vehicle third party insurance policies that have lapsed; (b) details of motor vehicle third party insurance policies that have not been renewed; and (c) details of the persons registered to drive a particular vehicle under such vehicle’s current motor vehicle third party insurance policy. (4) If a new motor vehicle or trailer is being licensed for the first time, the examination and certificate under subsection (2)(b) may, at the discretion of the Licensing Officer, be dispensed with. (5) The prescribed fee for the examination of a motor vehicle or trailer under subsection (2) must be paid by the owner of it. (6) Every motor vehicle or trailer licence must be issued in the prescribed form. 10 (7) The owner of a motor vehicle or trailer for which the grant or renewal of a licence is refused under this section may appeal against the decision of the Licensing Officer to the Magistrates’ Court in writing within 21 days of the refusal. Duration of licence 12. A motor vehicle or trailer licence must be taken out annually and is valid for 12 calendar months from the date of issue. Refund of licence fees 13. If any motor vehicle or trailer is— (a) permanently condemned for further use under section 14; (b) exported from St. Helena; (c) disused in the absence of the owner from St Helena; or (d) disused for any reason approved by the Licensing Officer, a refund of 1/12 of the annual licence may be made to the owner in respect of each full month of the unexpired period of the licence, subject to the prior surrender of the licence to the Licensing Officer. Suspension of motor vehicle or trailer licences for defects 14. (1) The Licensing Officer must require an examination of a motor vehicle or trailer by an Inspector if the Licensing Officer has reason to believe that the motor vehicle or trailer is in such a condition as to be a source of danger to any person travelling in the vehicle or to other users of the road or to be injurious to the roads. (2) If in the opinion of an Inspector any defect is such as to be a source of danger to any person travelling in the vehicle or trailer or to other users of the road or to be injurious to the roads, the Licensing Officer must suspend the licence. (3) If in the opinion of the Inspector the defect is such as can be remedied and the licensee provides evidence to the satisfaction of the Inspector that the defect has been remedied, the Licencing Officer must lift the suspension under subsection (2). (4) The owner of a motor vehicle or trailer in respect of which the licence is suspended, may appeal against the decision of the Licensing Officer to the Magistrates’ Court in writing. Duplicate licences 15. If a motor vehicle or trailer licence is lost, destroyed or rendered illegible, the Licensing Officer must issue a duplicate licence on payment of the prescribed fee. PART IV LICENSING OF DRIVERS OF MOTOR VEHICLES Licensing of drivers of motor vehicles 16. (1) No person may— 11 (a) drive on a road a motor vehicle of any class otherwise than in accordance with a driver’s licence authorising him or her to drive a motor vehicle of that class; or (b) cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a driver’s licence authorising that other person to drive a motor vehicle of that class. (2) A person who wishes to obtain a driver’s licence must— (a) apply to the Licensing Officer in the prescribed manner and pay the prescribed fee; and (b) submit with such application a declaration in the prescribed form that he or she is not disqualified by reason of age or otherwise from obtaining the licence for which he or she is applying. (3) The Governor in Council may make regulations dealing with classes of vehicles, corresponding licence type and related requirements. (4) The Licensing Officer may, subject to— (a) the requirements as to the fitness of applicants for licences; and (b) any disqualification from obtaining or holding the licence for which the applicant is applying, grant a driver’s licence in the prescribed form, and if the applicant is subject to any restrictions with respect to the driving of any class of motor vehicle, the extent of the restriction must be specified in the licence. (5) A person who fails to comply with subsection (1) commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. Recognition of foreign licences 17. (1) Notwithstanding anything contained in section 16, a person may drive a motor vehicle in St Helena without being the holder of a driver’s licence, if that person— (a) has been in St Helena for less than 3 months in the preceding 12 months; (b) is the holder of a current valid foreign driving licence; and (c) is between the ages of 18 and 70 years. (2) A person producing a foreign driving licence (other than a licence referred to in section 18(1)(a)) to the Licensing Officer or to a Police Officer, must at the same time produce his or her passport for the purpose of verification of his or her signature. Meaning of foreign driving licence 18. (1) A “foreign driving licence” means— (a) a driving licence issued in Ascension Island or in Tristan da Cunha; or (b) a driving licence issued in any other country or territory; (c) an International Driving Permit referred to in subsection (4): Provided that — (i) the licence or permit was issued to authorise the holder of it to drive a vehicle or vehicles of a class including the vehicle driven by him or her in St Helena; and 12 (ii) any conditions subject to which that licence or permit was issued are complied with. (2) A person who holds a foreign driving licence must— (a) produce to the satisfaction of the Licensing Officer any document which provides details of any conditions subject to which any such licence or permit was issued; and (b) if so required, prove that the licence is valid or that the holder is not disqualified from driving, as provided in this Ordinance, in the country of issue. (3) A foreign driving licence must not be recognised for the purposes of this Ordinance unless any writing or printing appearing on it is in English or is accompanied (either within the document or as a separate document) by a translation into English and has been issued by a country listed in Schedule 1. (4) For purposes of this section, an “International Driving Permit” means a driving permit or licence, issued pursuant to any international treaty or arrangement, being a treaty or arrangement designed or intended to enable the holder of such a permit or licence to drive motor vehicles in any of the countries or territories which are parties to the treaty or arrangement. Duration of licence 19. (1) Subject to subsections (2) and (3), a driver’s licence is valid for up to 10 years from the date of issue. (2) A driver’s licence expires on the day before a person becomes 70 years old. (3) A driver’s licence issued to a person aged 70 years old or over is valid for up to 3 years from the date of issue. Provisions as to physical fitness of applicants for licences 20. (1) On an application for the grant or renewal of a driver’s licence, the applicant must make a declaration in the prescribed form as to whether or not he or she is suffering from any specified illness or physical disability, from the persistent misuse of drugs or alcohol (whether or not such misuse amounts to dependency), or from any other illness or physical disability which would be likely to cause the driving by the person of a motor vehicle to be a source of danger to the public. (2) If the Licensing Officer is satisfied that any person who holds a licence, or applies for the grant or renewal of a licence, is suffering as described in subsection (1), the Licensing Officer must revoke the licence or refuse to issue the licence, as the case may be, and the licence holder must, on the request of the Licensing Officer, deliver a revoked licence to him or her for cancellation. (3) A holder of a St Helena or foreign licence who becomes aware of an illness or disability or the persistent misuse of drugs or alcohol (whether or not such misuse amounts to dependency) which would be likely to cause the driving by him or her of a motor vehicle to 13 be a possible source of danger to the public must notify the licensing officer thereof as soon as practicable. (3A) A person who contravenes subsection (3) commits an offence. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. (4) A person who is aggrieved by the refusal of the Licensing Officer to grant a licence or by the revocation of a licence under this section, may within 14 days of such decision appeal to the Magistrates’ Court in writing. Provisions as to competence to drive and control a motor vehicle 21. (1) Subject to subsection (2), a driver’s licence may not be granted unless the applicant satisfies an examining officer of, and obtains from the examining officer a certificate of competence testifying to the applicant’s knowledge of the Highway Code and his or her competence to drive and control a motor vehicle of the class in respect of which he or she desires to obtain a driver’s licence. (2) Subsection (1) does not apply to an application for the renewal of a licence previously granted, unless— (a) the Licensing Officer has reason to doubt the continued competence of the applicant to drive and control a motor vehicle of the class to which the application for renewal relates; or (b) the applicant has attained the age of 70 or is applying for a renewal of a class of licence to drive a bus or large vehicle, and has failed to satisfy the Licensing Officer by medical evidence of his or her competence to drive and control a motor vehicle of the class in respect of which he or she desires to obtain a driver’s licence. (3) For the purpose of enabling the applicant for the grant of a licence to learn to drive a motor vehicle with a view to passing a test under subsection (1), the Licensing Officer may, if so requested by the applicant and on payment of the prescribed fee, grant him or her a provisional licence, in the prescribed form and subject to the prescribed conditions, which remains in force for a period of 6 months. (4) A person who fails to comply with any condition subject to which a provisional licence is granted under subsection (3) commits an offence, and the court may order the withdrawal of the provisional licence. Penalty: A fine of £500 or imprisonment for 3 months, or both. (5) A person who is aggrieved by the refusal of the Licensing Officer to renew a licence under this section may within 14 days of that decision appeal to the Magistrates’ Court in writing. 22. Left blank. Disqualification for offences 23. (1) If a person is convicted of any criminal offence— (a) in connection with the driving of a motor vehicle; or 14 (b) during the commission of which the person used a motor vehicle, the court may, and if so required by this or any other Ordinance must, order that the person be disqualified from holding or obtaining a driving licence for a period the court thinks fit. (2) Any disqualification made under this section starts on the date on which the person is sentenced or, if the person is sentenced to period of imprisonment, on the date of his or her release from prison. (3) (a) If the Magistrates’ Court commits an offender to the Supreme Court, or defers passing sentence on an offender under this Ordinance, it may order the offender to be disqualified until he or she has been dealt with in respect of the offence. (b) Any period of disqualification ordered on conviction under subsection (1) is deemed to include any period during which the person was disqualified under paragraph (a) and may be reduced accordingly. (4) A person against whom an order is made under this section may appeal against the order in the same manner as against any other sentence or order; and the court may, if it thinks fit, suspend the operation of the order pending determination of the appeal. Provisions as to disqualifications and suspensions 24. (1) If a person who is disqualified by virtue of a conviction or order under this Ordinance is the holder of a licence, the licence is suspended for the period that the disqualification continues in force, and the licence so suspended is during the time of suspension of no effect. (2) A person who, while disqualified from holding or obtaining a driving licence (whether by reason of an order of a court, or by age or other incapacity)— (a) drives or attempts to drive a motor vehicle on a road or other public place; or (b) obtains or attempts to obtains a driving licence, commits an offence and the court must make an order under section 23(1). Penalty: A fine of £2,500 or imprisonment for 18 months, or both. (3) Notwithstanding any enactment prescribing the time within which proceedings may be brought before a court of summary jurisdiction, proceedings for an offence under subsection (2) may be brought within the later of— (a) a period of 6 months from the date of the commission of the alleged offence; or (b) a period of 3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committed, but must not be brought later than one year from the date of the commission of the offence. (4) A person who is disqualified by virtue of a conviction or order under any law within any country is deemed to be disqualified as if such a disqualification was under the provisions of this Ordinance. Surrender of licences 25. (1) If a licence granted under section 16 is revoked by suspension, disqualification or otherwise, the holder of it must, if so required by the Licensing Officer by 15 notice in writing, surrender the licence to the Licensing Officer within the period of 7 days from the date on which the notice is given. (2) A person who contravenes subsection (1) commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. Production of licences to police officers 26. (1) A person who is— (a) driving or in charge of a motor vehicle on a road or other public place; or (b) supervising the holder of a provisional licence while the provisional licence holder is driving a motor vehicle on a road or other public place, must at all times while he or she is in charge of the motor vehicle have, and on being so required by a police officer, must produce for examination within 7 days— (i) his or her driver’s licence or foreign driving licence; (ii) a valid certificate of insurance; and (iii) a motor vehicle licence issued under section 11 in respect of the vehicle. (2) If a driver’s licence expires or is revoked and the person fails to comply with the requirement of section 25(1), a police officer may require that person to produce the licence and may take possession of it and deliver it to the Licensing Officer. (3) A person who is required under subsection (1) or (2) to produce a licence or certificate and fails to do so, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. PART V DRIVING OF MOTOR VEHICLES AND CONNECTED OFFENCES Restriction on driving by young persons 27. (1) A person under 17 years of age must not drive a motor vehicle on a road. (2) A person under 21 years of age may drive only the classes of motor vehicle on a road as prescribed by the Governor in Council in regulations. (3) For purposes of subsection (2), an agricultural vehicle is deemed not to be driven on a road while it is being driven in the course of the internal operations of a farm. (4) A person who drives, or causes or permits any person to drive, a motor vehicle in contravention of this section, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. (5) A person prohibited by this section from driving a motor vehicle or any class of motor vehicle by reason of his or her age, is disqualified from holding or obtaining a licence to drive any motor vehicle he or she is, by virtue of this section, forbidden to drive. Safety measures for control of speed 16 28. (1) A person who drives a motor vehicle on a road in disregard of any regulation as to the maximum speed at which a motor vehicle may be driven on any section of a road, or as to any other safety measures to be observed when approaching and descending gradients, commits an offence. Penalty: A fine of £100 or imprisonment for one month, or both. (2) A person convicted of an offence under subsection (1) is, without affecting the power of the court to order a longer period of disqualification, liable to be disqualified from holding or obtaining a licence for a period of 2 years from the date of conviction. (3) A person charged under this section with the offence of driving a motor vehicle of any class or description in excess of the maximum permitted speed is not liable to be convicted of the offence solely on the evidence of one witness to the effect that, in the opinion of the witness, the person charged was driving the vehicle at such greater speed. (4) A person who keeps or carries in a vehicle any device or thing, not being part of the normal equipment of that vehicle, which is capable of— (a) detecting the presence of any speed measuring device referred to in section 29(3); or (b) impeding, balking or frustrating the purpose of any such speed measuring device or the mechanical or efficient running of any police equipment or vehicle, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. (5) A person convicted of an offence under subsection (4) is on conviction, without affecting to the power of the courts to order a longer period of disqualification, liable to be disqualified from holding or obtaining a licence for a period of 2 years from the date of conviction. Evidence of speed 29. (1) If in any criminal proceedings the speed at which a vehicle travelled on any occasion is relevant, evidence of the speed of the vehicle as indicated or determined on that occasion by a prescribed measuring device when tested, sealed and used in the prescribed manner is, without affecting any other mode of proof and in the absence of evidence to the contrary, proof of speed of the vehicle on that occasion. (2) A certificate to the effect that a device referred to in subsection (1) has been tested or sealed in the prescribed manner, signed or purporting to be signed by a person authorised to do so by regulations is, without affecting any other mode of proof and in the absence of evidence to the contrary, proof that the device has been so tested or sealed. (3) The Governor may on application by the Director of Police approve speed measuring devices for the purpose of this section. Causing death by driving 30. (1) It is an offence for a person to cause the death of another person by driving a vehicle— 17 (a) dangerously on a road or other public place, as referred to in section 31(2); (b) without due care and attention as referred to in section 32(2)(a); (c) without reasonable consideration for other persons using the road or place as referred to in section 32(2)(b); (d) while the circumstances are such that he or she is committing an offence under this Ordinance relating to— (i) driving of a vehicle otherwise than in accordance with a licence; (ii) driving of a vehicle while disqualified; or (iii) using a vehicle while uninsured against third party risks; (e) while he or she is unfit to drive through alcohol or drugs; (f) when he or she has consumed so much alcohol or drugs that the proportion of it in his or her breath, blood or urine at that time exceeds the limit prescribed in section 61. Penalty: A fine, or imprisonment for life, or both. (2) A person convicted of an offence under this section must be disqualified from holding or obtaining a licence for a period not exceeding 10 years. (3) A charge under this section is deemed to include a charge under section 31(1). (4) An offence under this section may be tried either summarily or on indictment, at the election of the person accused. Dangerous driving 31. (1) A person who drives a vehicle dangerously on a road or other public place commits an offence. Penalty: A fine of £8,000 or imprisonment for 5 years, or both. (2) For the purposes of subsection (1) and section 30(a), a person is regarded as driving dangerously if— (a) the way he or she drives falls far below what would be expected of a competent and careful driver; and (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous. (3) A person is also regarded as driving dangerously for the purposes of subsection (1) and section 30 if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous, and for purposes of this subsection— (a) “dangerous” refers to danger either of injury to any person or of serious damage to property; (b) in determining the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried; and (c) in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard must be had not only to the circumstances of which he or she could be expected to be aware but also to any circumstances shown to have been within the knowledge of the person. 18 (4) A person convicted of an offence under subsection (1) must be disqualified from holding or obtaining a licence for a period not exceeding 5 years. (5) A charge under subsection (1) is deemed to include a charge under section 32. Careless and inconsiderate driving 32. (1) A person who drives a motor vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place, commits an offence. Penalty: A fine of £5,000 or imprisonment for 3 years, or both. (2) For the purposes of subsection (1) and section 30(b) and (c), a person— (a) is regarded as driving without due care and attention if the way he or she drives falls below what would be expected of a competent and careful driver; and in determining what would be expected of a careful and competent driver in a particular case, regard must be had not only to the circumstances of which he or she could be expected to be aware, but also to any circumstances shown to have been within the knowledge of the person; and (b) is regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving. (3) A person convicted of an offence under this section may be disqualified from holding or obtaining a licence for a period not exceeding 3 years. Offence of aiding, abetting, counselling, procuring or inciting the commission of an offence 33. (1) If a person is convicted of aiding, abetting, counselling or procuring, or inciting the commission of an offence under any of sections 23, 30, 31 or 32, and it is proved that he or she was present in the vehicle at the time of the commission of the offence, the offence of which he or she is convicted is deemed, for the purpose of the provisions of this Ordinance relating to disqualifications for holding or obtaining licences, to be an offence in connection with the driving of a motor vehicle. (2) If upon the trial on indictment of a person for an offence against section 30(1) the court (or jury, if there is one) is not satisfied that such person’s driving was the cause of the death but is satisfied that he or she is guilty of driving as mentioned in section 31, the court or jury, as the case may be, may convict the person of an offence under section 31. (3) Upon the trial on indictment of a person for manslaughter in connection with the driving of a motor vehicle by him or her, the court (or jury if there is one) may, if satisfied that the person is guilty of an offence under section 31, convict the person of an offence under that section. Racing 34. A person who without a licence for such an activity promotes or takes part in a race or trial of speed between vehicles on a road or in a public place commits an offence. Penalty: A fine of £3,000 or imprisonment for 9 months, or both. 19 Causing danger to road-users 35. (1) It is an offence for a person intentionally and without lawful authority or reasonable cause to— (a) cause anything to be on, in or over a road; (b) interfere with a motor vehicle, trailer or cycle; or (c) interfere (directly or indirectly) with traffic equipment, in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous. Penalty: A fine of £3,000 or imprisonment for nine months, or both. (2) For purposes of this section— (a) “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; (b) “traffic equipment” means— (i) anything lawfully placed on or near a road by the highway authority; (ii) a traffic sign lawfully placed on or near a road by a person other than the highway authority; or (iii) any fence, barrier or light lawfully placed on or near a road by a police officer or a person acting under the instructions (whether general or specific) of the Director of Police, and unless the contrary is proved, anything placed on or near a road is deemed to have been lawfully placed there; (c) in determining what would be obvious to a reasonable person in a particular case, regard must be had not only to the circumstances of which he or she could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. Prohibition of driving motor vehicles elsewhere than on roads 36. (1) Subject to subsections (2) and (3), a person who without lawful authority drives a vehicle onto or upon any common land, Crown land or land of any other description, not being land forming part of a road, commits an offence. Penalty: A fine of £1,000 or imprisonment for six months, or both. (2) It is not an offence under this section— (a) to drive a motor vehicle on any land within 30 yards (27 metres) of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land; or (b) if the person proves to the satisfaction of the court that he or she was driving the vehicle in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency. (3) Nothing in this section affects the operation of or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land. (4) In interpreting this section due regard should be had to areas traditionally recognised as recreational areas. 20 Persons to comply with traffic directions 37. (1) It is an offence for a person driving or propelling a vehicle or riding or propelling a pedal cycle to neglect or refuse to— (a) stop the vehicle or pedal cycle; (b) make it proceed in, or keep to, a particular line of traffic; or (c) proceed to a particular point on or near the road on which the vehicle is being driven or propelled, when directed to do so by a police officer in the execution of his or her duty and for the time being engaged in the regulation of traffic in a road. Penalty: A fine of £500 or imprisonment for 3 months, or both. (2) A person on foot who proceeds across or along the road in contravention of a direction to stop given by a police officer in the execution of his or her duty and for the time being engaged in the regulation of vehicular traffic in a road, either to persons on foot or to persons on foot and other traffic, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. (3) A police officer may require a person committing an offence under this section to give his or her name and address. If the person fails to do so, he or she commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. Mobile telephones, hand-held radios and any other hand-held communication devices 38. (1) Subject to subsection (2), a person who drives a vehicle on a road while holding a telephone, a hand-held radio or any other hand-held communication device in any way while the vehicle is in motion commits an offence.

Penalty: A fine of £1,000. (2) A person does not contravene this section if, at the time of the alleged contravention, the person— (a) is executing his or her duties as a member of the Police Service, the Fire Service or any other emergency service; or (b) is acting in response to a genuine emergency and is using the telephone, radio or other device to call the police, fire, ambulance or other emergency service and it is unsafe or impracticable for him or her to cease driving in order to make the call. Fitting and supply of defective or unsuitable vehicle parts 39. (1) It is an offence for a person to fit a vehicle part to a vehicle, or cause or permit a vehicle part to be fitted to a vehicle, in such circumstances that the use of the vehicle on a road would, by reason of that part being fitted to the vehicle— (a) involve a danger of injury to any person; or (b) constitute a contravention of or failure to comply with any of the construction and use requirements. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. 21 (2) A person must not be convicted of an offence under subsection (1) if the person proves that— (a) he or she had reasonable cause to believe that th vehicle in question would not be used on a road in St Helena; or (b) the vehicle would not be so used until it had been put into a condition in which its use on a road would not constitute a contravention of or a failure to comply with any of the construction and use requirements or would not involve a danger of injury to any person. (3) Nothing in this section affects the validity of a contract or of any rights arising under a contract. Driving with uncorrected defective eyesight 40. (1) It is an offence for a person to drive a motor vehicle on a road while his or her eyesight is such (whether through a defect which cannot be, or one which is not for the time being, sufficiently corrected) that he or she does not comply with any prescribed requirements as to eyesight. Penalty: A fine of £100 or imprisonment for one month, or both. (2) A police officer who has reason to suspect that a person driving a motor vehicle might be guilty of an offence under subsection (1) may require that person to submit to a test for the purpose of ascertaining whether such person, using no other means of correction than he or she used at the time of driving, complies with the prescribed requirements. (3) A person who refuses to submit to a test under subsection (2) commits an offence. Penalty: A fine of £100 or imprisonment for one month, or both. Pillion riding 41. (1) Subject to subsection (2), not more than one person, in addition to the driver, may be carried on any motor cycle or quadricycle. (2) In the case of a motor cycle to which a sidecar is attached, one person may be carried in the sidecar in addition to any other person allowed to be carried on that motor cycle under subsection (1). (3) A person who fails to comply with this section, either as driver or passenger, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. Duty to give name and address and stop, and power of arrest in certain cases 42. (1) The driver or passenger of vehicle who is alleged to have committed an offence under this Ordinance and who, on being so required by any person having reasonable ground for so enquiring, fails to give his or her name and address, or gives a false name or address, commits an offence. Penalty: A fine of £500 or imprisonment for 3 months, or both. 22 (2) A police officer may arrest without warrant the driver or passenger of any vehicle whom the police officer has reasonable grounds to suspect has committed an offence under this Ordinance, unless the driver or passenger is known to the police officer or gives his or her name and address or produces his or her licence to the police officer. (3) A person driving a vehicle on a road or riding on a road a bicycle or tricycle, not being a vehicle, who fails to stop the vehicle, bicycle or tricycle on being required to do so by a police officer commits an offence. Penalty: A fine of £500. Restriction on prosecutions under the preceding sections 43. (1) A person who is prosecuted for an offence under this Ordinance relating to the maximum speed at which motor vehicles may be driven, the checking of speed and other safety measures to be taken, dangerous driving, or careless driving, must not be convicted unless either— (a) the person was warned at the time the offence was committed that the question of prosecuting him or her for an offence under one or other of those provisions would be taken into consideration; or (b) within 14 days of the commission of the offence— (i) a summons for the offence was served on him or her; or (ii) a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on him or her or on the person who was registered as the owner of the vehicle at the time that the offence was committed. (2) The requirement under subsection (1) does not apply if, at the time of the offence, or immediately afterwards, an accident occurred by reason of the offence. (3) Failure to comply with the requirement of subsection (1) is not a bar to the conviction of an accused person if the court is satisfied that— (a) neither the name and address of the accused nor the name and address of the registered owner, if any, could with reasonable diligence have been ascertained in time for a summons or a notice to be served or sent in compliance with the requirement; or (b) the accused by his or her own conduct caused or contributed to the failure. (4) If a person is prosecuted for an offence— (a) to which subsection (1) does not apply; or (b) to which that subsection does apply, but as respects which the requirement of that subsection has been satisfied, that subsection does not affect any power of a court on the charge for that offence, if that person is found not guilty of that offence, to find him or her guilty of an offence under section 31 or 32. Duty to stop in case of accident 44. (1) This section applies where, owing to the presence of a vehicle on a road or other public place, an accident occurs by which— 23 (a) personal injury is caused to a person other than the driver of that vehicle; or (b) damage is caused to— (i) a vehicle other than that vehicle or a trailer drawn by that vehicle; (ii) an animal other than an animal in or on that vehicle or a trailer drawn by that vehicle; or (iii) any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land. (2) The driver of the vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his or her name and address and also the name and address of the owner and the identification marks of the vehicle. (3) The driver of the vehicle must report the accident to a police officer. (4) A person who fails to comply with subsection (2) or (3) commits an offence. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. (5) If subsection (1)(a) applies and the driver of a motor vehicle does not at the time of the accident produce a certificate of insurance, or other evidence relating to the vehicle, as mentioned in the Motor Vehicles (Third Party Insurance) Ordinance, 1962 to— (a) a police officer; or (b) some person who, having reasonable grounds for so doing, has required the driver to produce it, the driver must report the accident and produce such a certificate or other evidence at a police station or to a police officer as soon as is reasonably practicable and, in any case, within 24 hours of the occurrence of the accident. (6) Subject to subsection (6A), a person who fails to comply with subsection (5) commits an offence. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. (6A) A person must not be convicted of an offence under subsection (6) by reason only of a failure to produce a certificate or other evidence if, within 5 days after the occurrence of the accident, the certificate or other evidence is produced at a police station. (7) In this section, “animal” means horse, cattle, ass, mule, sheep, pig, goat, cat or dog. PART VI DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS Driving or being in charge of vehicle while under influence of alcohol or drugs 45. (1) A person who, while driving or attempting to drive a vehicle on a road or other public place, is unfit to drive through alcohol or drugs commits an offence. Penalty: A fine of £5,000 or imprisonment for 18 months, or both. 24 (2) Without affecting subsection (1), a person who, while in charge of a vehicle which is on a road or other public place, is unfit to drive through alcohol or drugs commits an offence. Penalty: A fine of £5,000 or imprisonment for 18 months, or both. (3) For the purposes of subsection (2), a person is deemed not to have been in charge of a vehicle if the person proves that at the material time the circumstances were such that there was no likelihood of him or her driving the vehicle so long as he or she remained unfit to drive through alcohol or drugs. (4) The court may, in determining whether there was a likelihood as mentioned in subsection (3), disregard any injury to the person and any damage to the vehicle. (5) For the purposes of this section, a person is unfit to drive if his or her ability to drive properly is for the time being impaired. (6) A police officer may arrest a person without warrant if the police officer has reasonable cause to suspect that the person is, or has been, committing an offence under this section. (7) For the purpose of arresting a person under the power conferred by subsection (6), a police officer may enter (if need be by force) any place where that person is or where the police officer, with reasonable cause, suspects the person to be. Driving or being in charge of vehicle with alcohol concentration above prescribed limit 46. (1) It is an offence for a person to— (a) drive or attempt to drive a vehicle on a road or other public place; or (b) be in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his or her breath, blood or urine exceeds the prescribed limit. Penalty: A fine of £5,000 or imprisonment for 18 months, or both. (2) It is a defence for a person charged with an offence under subsection (1)(b) to prove that at the time he or she is alleged to have committed the offence, the circumstances were such that there was no likelihood of his or her driving the vehicle whilst the proportion of alcohol in his or her breath, blood or urine remained likely to exceed the prescribed limit. (3) The court may, in determining whether there was a likelihood as mentioned in subsection (2), disregard any injury to the person and any damage to the vehicle. Driving or being in charge of vehicle with drug concentration above prescribed limit 47. (1) It is an offence for a person to— (a) drive or attempts to drive a vehicle on a road or other public place; or (b) be in charge of a motor vehicle on a road or other public place, after consuming so much of any drug that the proportion of it in his or her breath, blood or urine exceeds the prescribed limit. Penalty: A fine of £5,000 or imprisonment for 18 months, or both. 25 (2) It is a defence for a person charged with an offence under subsection (1)(b) to prove that at the time he or she is alleged to have committed the offence, the circumstances were such that there was no likelihood of his or her driving the vehicle whilst the proportion of the drug in his or her breath, blood or urine remained likely to exceed the prescribed limit. (3) The court may, in determining whether there was a likelihood as mentioned in subsection (2), disregard any injury to the person and any damage to the vehicle. Power to administer preliminary tests 48. (1) If any of subsections (2) to (5) applies, a police officer may require the person to co-operate with any one or more preliminary tests referred to in sections 49 to 51 administered to the person by that or any other police officer. (2) This subsection applies if a police officer reasonably suspects that the person is— (a) driving, is attempting to drive or is in charge of a vehicle on a road or other public place; and (b) under the influence of alcohol or a drug. (3) This subsection applies if a police officer reasonably suspects that the person— (a) has been driving, attempting to drive or in charge of a vehicle on a road or other public place while unfit to drive because of alcohol or a drug; and (b) is still under the influence of a drug. (4) This subsection applies if a police officer reasonably suspects that the person— (a) is or has been driving, attempting to drive or in charge of a vehicle on a road or other public place; and (b) has committed an offence under any part of this ordinance while the vehicle was in motion. (5) This subsection applies if— (a) an accident occurs owing to the presence of a vehicle on a road or other public place; and (b) a police officer reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident. (6) A person who without reasonable excuse fails to co-operate with a preliminary test required under this section commits an offence. Penalty: A fine of £5,000 or imprisonment for 18 months, or both. Preliminary breath test 49. (1) A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Governor, an indication whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit. 26 (2) A preliminary breath test required under section 48(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed. (3) A preliminary breath test required under section 48(5) may be administered— (a) at or near the place where the requirement to co-operate with the test is imposed; or (b) if the police officer who imposes the requirement thinks it expedient - at a police station specified by that police officer. Preliminary impairment test 50. (1) A preliminary impairment test is a procedure whereby the police officer administering the test— (a) observes the person to whom the test is administered in his or her performance of tasks specified by the police officer; and (b) makes such other observations of the person’s physical state as the police officer thinks expedient. (2) A preliminary impairment test may be administered— (a) at or near the place where the requirement to co-operate with the test is imposed; or (b) if the police officer who imposes the requirement thinks it expedient - at a police station specified by that police officer. (3) A police officer administering a preliminary impairment test must have regard to any code of practices issued by the United Kingdom’s Secretary of State (as revised from time to time) about— (a) the kind of task that may be specified for the purpose of a preliminary impairment test; (b) the kind of observation of physical state that may be made in the course of a preliminary impairment test; (c) the manner in which a preliminary impairment test should be administered; and (d) the inferences that may be drawn from observations made in the course of a preliminary impairment test. (4) A police officer must follow the code of practices referred to in subsection (3) so far as reasonably practical on St Helena, and only when that code of practices ensures that a preliminary impairment test is designed to indicate— (a) whether a person is unfit to drive; and (b) if that person is unfit to drive, whether or not his or her unfitness is likely to be due to drugs or alcohol. (5) A police officer may administer a preliminary impairment test only if that police officer is approved for that purpose by the Director of Police. Preliminary drug test 51. (1) A preliminary drug test is a procedure by which a specimen of sweat or saliva is obtained and used for the purpose of obtaining, by means of a device of a type 27 approved by the Governor, an indication of whether the person to whom the test is administered has a drug in his or her body. (2) A preliminary drug test may be administered— (a) at or near the place where the requirement to co-operate with the test is imposed; or (b) if the police officer who imposes the requirement thinks it expedient, at a police station specified by that police officer. Arrest 52. (1) A police officer may arrest a person without warrant if, as a result of a preliminary test, the police officer reasonably suspects that the proportion of alcohol or drug in the person’s breath or blood exceeds the prescribed limit. (2) The fact that specimens of breath, sweat or saliva have been provided under section 51 by the person concerned does not prevent subsection (1) having effect if the police officer who imposed on that person the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol or drugs in the breath, sweat or saliva of the person. (3) A police officer may arrest a person without warrant if the person fails to co- operate with a preliminary test in pursuance of a requirement imposed under sections 49 to 51. (4) A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on that person a requirement under section 54. (5) A person may not be arrested under this section while at a hospital as a patient. Power of entry 53. A police officer may, following an accident in a case where the police officer reasonably suspects that the accident involved injury of any person, enter any place (using reasonable force if necessary) for the purpose of— (a) imposing a requirement by virtue of section 48(5); or (b) arresting a person under section 52. Provision of specimens for analysis 54. (1) In the course of an investigation into whether a person has committed an offence under this Ordinance, a police officer may, subject to this section and section 57, require that person to provide— (a) 2 specimens of breath for analysis by means of a device of a type approved by the Governor; or (b) a specimen of blood or urine for a laboratory test. (2) A requirement under this section to provide specimens of breath can only be imposed on that person who is— 28 (a) at a police station; (b) at a hospital; or (c) at or near a place where a relevant breath test has been administered to the person concerned or would have been so administered but for the person’s failure to co- operate with it. (3) For the purposes of this section “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his or her breath or blood is likely to exceed the prescribed limit. (4) If a police officer has imposed a requirement on the person concerned to co- operate with a relevant breath test at any place, the police officer may remain at or near that place in order to impose on the person concerned a requirement under this section. (5) If a police officer has imposed a requirement under subsection (1)(a) at a place other than at a police station, such a requirement may subsequently be made at a police station if— (a) a device or a reliable device of the type mentioned in subsection (1)(a) was not available at that place or it was for any other reason not practicable to use such a device there; or (b) the police officer who imposed the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned. (6) A police officer may impose a requirement under this section to provide a specimen of blood or urine only at a police station or at a hospital, but the police officer may not impose this requirement at a police station, unless— (a) the police officer imposing the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required; (b) specimens of breath have not been provided elsewhere and at the time the requirement is made a device or a reliable device of the type mentioned in subsection (1)(a) is not available at the police station or it is for any other reason not practicable to use such a device there; (c) a device of the type mentioned in subsection (1)(a) has been used at the police station or elsewhere but the police officer who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned; (d) as a result of the administration of a preliminary drug test under section 51, the police officer imposing the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his or her body; or (e) the suspected offence is one under section 30 or 45 and the police officer imposing the requirement has been advised by a medical practitioner that the condition of the person required to provide the specimen might be due to some drug, and may then be made notwithstanding that the person required to provide the specimen has already provided or been required to provide 2 specimens of breath. 29 (7) If the provision of a specimen other than a specimen of breath may be required under this section, the police officer imposing the requirement may, subject to subsection (8), decide— (a) whether it is to be a specimen of blood or a specimen of urine; and (b) in the case of a specimen of blood - who is to be asked to obtain the specimen from the person. (8) If a police officer requires the provision of a specimen of blood under subsection (7), such a specimen need not be provided if the public officer who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; the police officer may then require a specimen of urine instead. (9) A specimen of urine must be provided within one hour of the requirement for its provision being made. (10) A person who, without reasonable excuse, fails to provide a specimen when required to do so under this section commits an offence. Penalty: A fine of £1,000 or imprisonment for six months, or both. (11) A police officer must, on requiring any person to provide a specimen under this section, warn him or her that a failure to provide it may render that person liable to prosecution. Specimens of blood taken from persons incapable of consenting 55. (1) A police officer may make a request to a public officer who is trained to take blood samples, or someone under his or her direct supervision, to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if— (a) the person concerned is a person from whom the police officer would (in the absence of any incapacity of that person and of any objection under section 57) be entitled under section 54 to require the provision of a specimen of blood for a laboratory test; (b) it appears to that police officer that the person concerned has been involved in an accident that constitutes, or is comprised in, the matter that is under investigation or the circumstances of that matter; (c) it appears to that police officer that the person concerned is or might be incapable (whether or not he or she has purported to do so) of giving a valid consent to the taking of a specimen of blood; and (d) it appears to that police officer that the person’s incapacity is attributable to medical reasons. (2) A medical practitioner to whom a request is made under this section, may, if he or she thinks fit,— (a) take a specimen of blood from the person concerned irrespective of whether that person consents; and (b) provide the sample to a police officer. 30 (3) If a specimen is taken in pursuance of a request under this section, the specimen must not be subjected to a laboratory test unless the person from whom it was taken has— (a) been informed that it was taken; and (b) been required by a police officer to give his or her permission for a laboratory test of the specimen; and (c) given his or her permission. (4) A police officer must, on requiring a person to give permission for a laboratory test of a specimen under this section, warn the person that a failure to give the permission may render him or her liable to prosecution. (5) A person who, without reasonable excuse, fails to give permission for a laboratory test of a specimen of blood taken from him or her under this section commits an offence. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. Choice of specimens of breath 56. If 2 specimens of breath are provided by a person under section 54, the specimen with the lower proportion of alcohol in the breath sis to be used and the other must be disregarded. Protection for hospital patients 57. (1) While a person is at a hospital as a patient, he or she is not required to co-operate with a preliminary test or to provide a specimen under section 54 unless the medical practitioner who has immediate charge of that person at the relevant time has been notified of the proposal to impose the requirement and, subject to subsection (2), such requirement is made for co-operation with a test administered, or for the provision of a specimen, at the hospital. (2) A requirement under subsection (1) may not be made if the medical practitioner objects on the ground that— (a) the requirement or the provision of the specimen or the warning (if required by section 54(11)) would be prejudicial to the proper care and treatment of the patient; or (b) in a case falling within paragraph (a), that the taking of the specimen, the requirement or the warning required by section 55(4) would be so prejudicial. Detention of persons affected by alcohol or drugs 58. (1) Subject to subsections (2) and (3), a person required to provide a specimen of breath, blood or urine under section 54 or 55, may afterwards— (a) be detained at a police station; or (b) if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station, if a police officer has reasonable grounds for believing that, were that person then driving or attempting to drive a vehicle on a road, he or she would commit an offence under section 45, 46 or 47. 31 (2) Subsection (1) does not apply to a person if it ought reasonably to appear to the police officer that there is no likelihood of that person driving or attempting to drive a vehicle whilst his or her ability to drive properly is impaired or whilst the proportion of alcohol or drugs in his or her breath, blood or urine exceeds the prescribed limit. (3) A person who is at a hospital as a patient may not be arrested and taken from the hospital to a police station pursuant to this section if it would be prejudicial to his or her proper care and treatment as a patient. Interpretation of Part VI 59. (1) The following provisions apply for the interpretation of Part VI of this Ordinance. (2) In Part VI— “fail” includes refuse or failure to provide sufficient specimen; “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients, “public officer” means an officer of the Crown who is trained to take blood samples or someone under the direct supervision of the same; “approved analyst” means a person appointed by the Governor by notice in the Gazette to be an approved analyst for the purposes of section 63. (3) A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his or her co-operation or the specimen is— (a) sufficient to enable the test or the analysis to be carried out; and (b) provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved. (4) A person provides a specimen of blood only if— (a) that person consents to the taking of such a specimen from him or her; and (b) the specimen is taken from him or her by or under supervision of a public officer. Approved devices 60. (1) The Governor in Council may make regulations for the purpose of declaring any device to be an approved device for the purposes of this Ordinance. (2) No court may entertain any argument relating to the suitability or reliability of any approved device. (3) A device is sufficiently described, in any regulations made under this section, if it is described by a trade or other name by which it is known or marketed. (4) Regulations made under this section may contain provisions prescribing the manner in which any approved device is to be operated. Prescribed limits for alcohol and drugs 32 61. The Governor in Council may make regulations prescribing the limit for alcohol referred to in section 46. Evidence 62. (1) In every case of an offence alleged to have been committed against section 30, 46 or 47, evidence of the result of any analysis of any specimen of breath, blood or urine is admissible in evidence and, subject to subsection (2), the court must presume that the proportion of alcohol in the defendants breath, blood or urine at the time of the alleged offence was not less than the proportion revealed by such analysis. (2) The presumption in subsection (1) must not be made if the court is satisfied (by evidence on oath) that the defendant consumed such an amount of alcohol, after he or she ceased to drive or be in charge of the vehicle, as would be likely to account for the amount by which the result of such analysis exceeded the prescribed limit. (3) Evidence of the proportion of alcohol in a specimen of breath may be given by the police officer who operated the approved device by which the specimen was analysed or by the production of a certificate of the kind described in subsection (4)(a). (4) Evidence of the proportion of alcohol or drug in a specimen of breath, blood or urine may, subject to subsection (6), be given by the production of a document or documents purporting to be either of the following: (a) a statement automatically produced by the approved measuring device by which the proportion of alcohol in a specimen of breath was measured and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the accused at the date and time shown in the statement; or (b) a certificate signed by an approved analyst as to the proportion of alcohol or any drug found in a specimen of blood or urine identified in the certificate. (5) Subject to subsection (6), evidence that a specimen of blood was taken from the accused by a public officer referred to in section 54 and 55 may be given by the production of a document purporting to certify that fact and to be signed by such public officer. (6) (a) A document purporting to be such a statement or such a certificate (or both such a statement and such a certificate) as is mentioned in subsection (4)(a) is admissible in evidence on behalf of the prosecution pursuant to this section only if a copy of it either has been handed to the accused when the document was produced or has been served on the accused not later than 7 days before the hearing. (b) Any other document is so admissible only if a copy of it has been served on the accused not later than 7 days before the hearing. Further provisions as to specimens 63. Every specimen of blood or urine provided by a person under this Part must be divided into 2 approximately equal parts, and— 33 (a) subject to paragraph (b), only one part of it must be analysed, and the other part (“the retained part”) must be preserved until the conclusion of all proceedings for any offence in connection with which the specimen was provided; (b) the court which tries any alleged offence upon the trial of which the prosecutor relies upon evidence of the result of the analysis of a specimen of blood or urine provided under this Part, may (if it appears to be in the interest of justice so to do) order that the retained part is to be analysed, and adjourn the hearing to enable such analysis to be carried out; (c) a court which makes an order under paragraph (b) may order that the analysis be carried out by or under the supervision of such medical officer as the court thinks fit, and a medical officer to whom such an order is addressed must comply with it and send a report of the result of the analysis, as soon as practicable, to the Clerk of the Peace. Disqualification for Part VI offences 64. (1) If a person is convicted of an offence under section 45, 46 or 47, the court must make an order of disqualification referred to in section 23 for a period of at least 12 months, but the period of disqualification must be at least 3 years if the offender has either— (a) within the period of 5 years preceding the date of the offence, been convicted for any offence under 45, 46, 47, 55 to 56 and 59; or (b) the proportion of alcohol or drug in a specimen used to convict was at least 3 times the prescribed limit. (2) If for special reasons established by evidence upon oath in any particular case, the court considers that it would be appropriate to order disqualification for a shorter period or to refrain from making an order of disqualification, it may do so (but no fact or circumstance shall be held to be a ‘special reason’ unless such fact or circumstance relates to the commission of the offence, as distinct from a fact or circumstance concerning the offender). PART VII RIDING OF PEDAL CYCLES AND CONNECTED OFFENCES Reckless and dangerous cycling 65. It is an offence fior a person to ride a bicycle or tricycle, not being a motor vehicle, on a road or public place recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road. Penalty: A fine of £500 or, in case of a second or subsequent conviction, a fine of £1,000 or imprisonment for 3 months, or both. Careless or inconsiderate cycling 66. A person who rides a bicycle or tricycle, not being a motor vehicle, on a road or public place without due care and attention or without reasonable consideration for other persons using the road commits an offence. 34 Penalty: A fine of £200 or, in the case of a second or subsequent conviction, a fine of £500. Cycling when under the influence of alcohol or drugs 67. (1) A person who rides a bicycle or tricycle, not being a motor vehicle, on a road or other public place while his or her ability to ride properly is impaired through alcohol or drugs commits an offence. Penalty: A fine of £500 or, in the case of a second or subsequent conviction, a fine of £1,000 or imprisonment for 3 months, or both. (2) A police officer may arrest without warrant a person committing an offence under this section. Restriction on carriage of persons on bicycles or tricycles 68. (1) Not more than one person may be carried on a road or public place on a bicycle or tricycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person. (2) If a person is carried on a bicycle or tricycle in contravention of subsection (1), each of the persons carried commits an offence. Penalty: A fine of £100 or, in the case of a second or subsequent conviction, a fine of £200. PART VIII HIGHWAY AUTHORITY4 Highway Authority5 69. (1) This section establishes a Highway Authority for the purposes of this Ordinance. (2) The Authority consists of— (a) the Director of Police; (b) the Director of the Government department having responsibility for highways and roads; (c) the Chair of the Legislative Council Committee for the time being having responsibility for highways or roads; and (d) such other 2 persons appointed by the Governor as the Governor sees fit. (3) The Directors referred to in subsection (2) may appoint persons to act on their behalf. (4) The Highway Authority has have a quorum when 3 members are present. Powers and duties of Highway Authority 6 4 Enacted as Part IX 5 Enacted as section 72 6 Enacted as section 73 35 70. (1) The Highway Authority may at any time by notice restrict or prohibit the use of any road or any part of any road by pedestrians, vehicles or vehicles of any particular class or description if, owing to the likelihood of danger to the public, it appears necessary that such restriction or prohibition should come into force without delay. Such restriction or prohibition must not initially exceed 7 days and thereafter must be reviewed every 7 days as to the need for the ongoing restriction or prohibition. (2) (a) So long as any restriction or prohibition under subsection (1) is in force, a notice must be kept posted in a conspicuous manner at each end of the part of the road to which the notice relates, and at the points at which it will be necessary for pedestrians or vehicles to diverge from the road. (b) A person who uses or permits the use of a vehicle or uses the highway in contravention of any restriction or prohibition imposed under this section commits an offence. Penalty: In the case of a first conviction a fine of £1,000 and in the case of a second or subsequent conviction a fine of £2,000. (c) A person aggrieved by any restriction or prohibition imposed under this section may appeal to the Magistrates’ Court in writing. (3) The Highway Authority – (a) may cause traffic signs to be placed on or near any road; and (b) must issue by way of either the Highway Code or other means the indication or meaning of any traffic sign. (4) The Highway Authority may enter any land and exercise such other powers as are necessary for the purpose of the exercise and performance of its powers and duties under this Ordinance. (5) The Highway Authority must regulate permits for public service vehicles and taxis and may make by-laws with regard to the issuing of permits for public service vehicles and taxis and drivers of them, and such by-laws may, without limiting this subsection, include provisions to regulate— (a) equipment to be carried on such vehicles; (b) signage to be displayed; (c) requirements and restrictions on vehicles or drivers; (d) fares and tariffs to be charged. (6) Where a relevant policy is in existence, the Highway Authority must act in compliance with it. (7) A person who uses or permits the use of a vehicle in contravention of any restriction or prohibition imposed under subsection (1) commits an offence. Penalty: A fine of £1,000 or, in the case of a second or subsequent conviction, a fine of £2,000. (8) A person aggrieved by any restriction or prohibition imposed under subsection (1) may appeal to the Magistrates’ Court in writing. 36 (9) The Highway Authority has the powers and duties in relation to parking and loading/unloading and enforcement and penalties in relation to the aforesaid prescribed by regulations. Highway Code 7 71. (1) The Highway Authority must prepare a code (referred to as the “Highway Code”) that must be approved by the Governor in Council for the guidance of persons using roads. (2) A failure on the part of any person to observe any provision of the Highway Code does not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under this Ordinance) be relied upon by any party to the proceedings as tending to establish or negate any liability which is in question in those proceedings. Regulation of traffic by signs 8 72. (1) The Highway Authority may make by-laws prescribing the traffic signs which may be used for purposes of this Ordinance and the meaning of each sign so prescribed. (2) The Highway Authority may cause the signs prescribed under subsection (1) to be erected on or near any road, for the purpose of regulating the use of roads by vehicles, and, without limiting that power, such signs may prescribe— (a) the maximum speed at which vehicles may be driven; (b) the direction in which vehicles may or may not travel; (c) the classes of vehicle which may or may not use the road or part of the road; (d) the priority or precedence of vehicles at road junctions or on a road; (e) the parts of roads or other areas on which vehicles may or may not be parked or allowed to stand, or the maximum period of time for which vehicles may be parked or allowed to stand generally and for the purpose of loading and unloading. (3) A person who drives or uses a vehicle in contravention of any instruction, prohibition, or restriction conveyed by means of a sign erected under this section commits an offence. Penalty: A fine of £100. PART IX MISCELLANEOUS OFFENCES9 Failure to comply with police traffic direction 10 7 Enacted as section 74 8 Enacted as section 78 9 Enacted as Part VIII 10 Enacted as section 75 (Penalties for neglect of traffic signs) 37 73. Where a police officer is for the time being engaged in the regulation of traffic on a road, it is an offence for a person driving or propelling a vehicle to fail to comply with any direction of the police officer given by the police officer in the execution of his or her duty. Penalty: A fine of £100 or imprisonment for one month, or both. Motor cycle and pedal cycle helmets 11 74. (1) Every person driving, riding or being carried as a passenger on a motor cycle, a quadricycle or a pedal cycle on a road must at all times whilst in motion wear a properly fitting protective helmet of a type approved by the Licensing Officer. (2) A person who contravenes subsection (1) commits an offence. Penalty: A fine of £100 or, in the case of a second or subsequent conviction, a fine of £200. Restrictions on towing and tampering with motor vehicles 12 75. (1) A person who, without lawful authority or reasonable cause, takes or retains hold of or gets on to a motor vehicle while in motion on any road, for the purpose of being drawn or carried commits an offence. Penalty: A fine of £500 or, in the case of a second or subsequent conviction, a fine of £1,000. (2) A person commits an offence if while a motor vehicle is on a road or public place, he or she, otherwise than with lawful authority or reasonable cause tampers with the brake or other part of its mechanism. (3) A person may use a vehicle to tow another vehicle in motion on any road, subject to regulations made under subsection (4). (4) The Governor in Council may make regulations in relation to the safe towing of a vehicle referred to in subsection (3). (5) A person who fails to tow safely in accordance with regulations made under subsection (4) commits an offence. Penalty: A fine of £5,000 or imprisonment for 18 months, or both. Taking motor vehicle without owner’s consent 13 76. (1) Subject to subsection (2), every person who takes, drives away or allows himself or herself to be carried in any motor vehicle without having either the consent of the owner of it or other lawful authority commits an offence. Penalty: A fine of £5,000 or imprisonment for 18 months, or both. (2) Except for another offence under this Ordinance, a person does not commit an offence under subsection (1) if the person acted in the reasonable belief that he or she had 11 Enacted as section 69 12 Enacted as section 70 13 Enacted as section 71 38 lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case have given consent, if he or she had been asked for it. Leaving vehicle in dangerous position 14 77. It is an offence for a person who is in charge of a vehicle to cause or permit the vehicle or any trailer drawn by it to remain at rest on any road in such a position or in such condition or circumstances as to be likely to cause danger to other persons using the road. Penalty: A fine of £500 or imprisonment for 3 months, or both. Stretching of ropes, wire or other apparatus across highway15 78. (1) A person who for any purpose places or causes to be placed any rope, wire or other apparatus across a highway or road or any part of it in such a manner as to be likely to cause danger to persons using the highway or road commits an offence. Penalty: A fine of £5,000 or imprisonment for 12 months, or both. (2) A person does not commit an offence under subsection (1) if the person proves that he or she had taken all necessary steps to give adequate warning of the danger. Forgery of licences and certificates 79. (1) It is an offence for a person — (a) for the purpose of obtaining any document or other thing to which this section applies, knowingly to make any false statement or withhold any material information; (b) to lend to, or allow to be used by, any other person a document or other thing to which this section applies; (c) to make, amend or have in the person’s possession any document or other thing so closely resembling a document or other thing to which this section applies as to be calculated to deceive; or (d) to issue or authorise any document or other thing to which this section applies, which the person knows is false in a material particular. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. (2) This section applies to the following documents and other things— (a) an appointment (section 3); (b) registration of a vehicle (section 6); (c) notification of change of ownership (section 8); (d) a motor vehicle licence (section 11); (e) a driving licence (section 16); (f) a foreign driving licence (section 18); (g) a declaration of fitness (section 20); (h) a certificate of competence (section 21); (i) a notice issued by the Highway Authority under section 78; 14 Enacted as section 76 15 Enacted as section 77 39 (j) a policy of insurance required by the Motor Vehicles (Third Party Insurance) Ordinance, 1962; (k) a certificate exempting a person from wearing a seat belt; (l) a licence issued to a vehicle or driver of a public service vehicle or taxi; (m) any other licence, registration, certificate, notice or other document to which this Ordinance applies. Prosecution and penalties for offences 80. (1) Except for the offence under section 30 (Causing death by driving), all offences under this Ordinance must be prosecuted in the Magistrates’ Court. (2) A person guilty of an offence under this Ordinance for which no specific penalty is prescribed is liable in the case of a first conviction to a maximum fine of £200, and in the case of a second or subsequent conviction, to a maximum fine of £500, or imprisonment for a term not exceeding 6 months, or both. (3) Where the driver of a vehicle is alleged to have committed an offence under this Ordinance— (a) the owner of the vehicle must give any information that the owner is required, by or on behalf of the Director of Police, to give as to the identity of the driver, and, if the owner fails to do so, the owner commits an offence unless the owner shows to the satisfaction of the court that the owner did not know and could not with reasonable diligence have ascertained who the driver was;

and (b) any other person must, if required as in the manner referred to in paragraph (a), give any information which the person is able to give and which may lead to the identification of the driver, and, if that person fails to do so, that person commits an offence. Penalty: A fine of £500 or imprisonment for 12 months, or both. PART X SUPPLEMENTARY PROVISIONS16 Provisions applicable to vehicles and persons in Crown service 81. (1) Subject to subsection (2), this Ordinance applies to vehicles and persons in the public service, and for the purpose of proceedings for an offence in connection with any such vehicle against any person other than the driver of the vehicle, the person nominated by the department in whose service the vehicle is used is deemed to be the person responsible unless it is shown to the satisfaction of the court that only the driver was responsible. (2) The Governor may by order direct that this Ordinance does not apply to members of the armed forces of the Crown or to vehicles used for naval military, air force, police, fire, sea rescue or ambulance purposes or to any class of such members or vehicles. Forfeiture of vehicles 16 Enacted as ‘PART X – REGULATIONS’ 40 82. (1) If a person commits an offence under this Ordinance or any other law (including any common law offence) involving a vehicle, which is punishable with imprisonment, the court may on application by the Crown make an order forfeiting the vehicle concerned and any vehicle so forfeited must be disposed of as the court directs. (2) A person who fails to surrender, or obstructs the surrender of, a vehicle forfeited under subsection (1), commits an offence. Penalty: A fine of £1,000 or imprisonment for 6 months, or both. Restrictions on use of road or public place 83 (1) A police officer may at any time restrict or prohibit the use of any road or public place, or any part of any road or public place, by persons or vehicles or by vehicles of any particular class or description where, owing to the likelihood of— (a) danger to the public; (b) damage to any road or adjoining property; or (c) the obstruction of a police officer in the course of an investigation, it appears necessary that such restriction or prohibition should come into force without delay or application to the Highway Authority. (2) A police officer acting in accordance with subsection (1) must notify the Highway Authority immediately or as soon as is reasonably practicable thereafter (3) A person who contravenes a restriction or prohibition imposed under subsection (1) commits an offence. Penalty: A fine of £1,000 or, in the case of a second or subsequent conviction, a fine of £2,000. Exceptions for emergency services 84. (1) The sections listed in subsection (2) do not apply to vehicles being used for police, fire, sea rescue or ambulance purposes while being driven by a person who is a member of the Police Service or Health Directorate— (a) in response, or for practice in responding, to an emergency; or (b) for the purpose of training a person in driving such vehicles. (2) The sections mentioned in subsection (1) are— (a) speed restrictions (section 28); (b) holding hand-held communication devices (section 38); (c) regulation of traffic by signs (section 72); (d) failure to comply with traffic directions or signs (sections 37 and 73); (e) any rule requiring a motor vehicle to keep to a particular side of the road. (3) The exceptions in this section do not apply if the manner of driving was such as to be likely to endanger any person or to cause the driver of any other vehicle to change its speed or course in order to avoid an accident. Power to seize vehicles driven without licence or insurance, or failing to stop 41 85. (1) This section applies if a police officer capable of being identified as such by the public— (a) has reasonable grounds for believing that a vehicle is or was being driven by the person in contravention of section 16, 24 or 27; (b) has reasonable grounds for believing that a vehicle is or was being driven without a policy of motor vehicle insurance as required by the Motor Vehicles (Third Party Insurance) Ordinance, 1962; (c) requires a driver of a vehicle to stop the vehicle under section 37 and the driver fails to stop the vehicle, or to stop the vehicle long enough, for the police officer to make any lawful enquiries he or she considers appropriate; and (d) has reasonable grounds for believing that a vehicle, including any appliance on or in the vehicle, has been used or is being used in a manner which is causing, or is likely to cause, alarm, distress or annoyance to members of the public and, subject to subsection (2),— (i) the police officer has warned the person appearing to the officer to be the person who used the vehicle in this manner that the vehicle will be seized, if it continues to be used in that manner; and (ii) it appears to that police officer that the use in that manner has continued or been repeated after the warning. (2) Subsection (1)(d) does not require a warning if— (a) the circumstances make it impracticable for the police officer to give the warning; (b) the police officer has already given a warning under that subsection to— (i) that or any other person in respect of the use of that vehicle in that manner; (ii) that person in respect of use by that person of that vehicle or any other vehicle in that manner; (c) the police officer has reasonable grounds for believing that such a previous warning referred to in paragraph (b) has been given by another police officer; or (d) the police officer has reasonable grounds for believing that the person whose use of that vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that police officer or in respect of the same vehicle or the same or a similar use) on a previous occasion in the previous 12 months. (3) Where this section applies, a police officer may— (a) seize the vehicle and remove it; (b) for the purpose of exercising the power in paragraph (a), enter any premises (other than a private dwelling house) on which the police officer, on reasonable grounds, believes the vehicle to be; (c) use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) to (b). (4) If the police officer is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, the police officer may seize the vehicle at any time within the period of 24 hours from the time the police officer directed the person to stop the vehicle. (5) A person who obstructs a police officer in the lawful exercise of his or her powers under subsection (3) commits an offence. Penalty: A fine of £500. 42 (6) For purposes of this section “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house. Removal of vehicles from road 86. (1) A vehicle which remains at rest on a road so as to cause an obstruction, contrary to any prohibition or restriction under this Ordinance or any other law, or in such a position or in such conditions or circumstances as to be likely to cause danger or obstruction to other persons, or which appears to have been abandoned, and the load carried on any such vehicle, may be removed from a road into the custody of the Highway Authority or from one position on a road to another position on that or another road by— (a) a police officer; (b) an employee of the St Helena Government authorised in writing by the Highway Authority; or (c) a person acting with the permission of a police officer. (2) A person who prevents, obstructs or attempts to prevent or obstruct a vehicle being moved or removed in accordance with subsection (1) commits an offence. Penalty: A fine of £500. Regulations relating to removal, etc. 87. (1) The Governor in Council may by regulations make provision as to— (a) the removal and retention of motor vehicles seized under this section; and (b) the release or disposal of such motor vehicles. (2) Regulations under subsection (1) may, in particular, make provision— (a) for the giving of notice of the seizure of a motor vehicle under this section to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner; (b) for the procedure by which a person who claims to be the owner of a motor vehicle seized under this section may seek to have it released; (c) for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release; (d) as to the circumstances in which a motor vehicle seized under this section may be disposed of; (e) as to the destination of— (i) any fees or charges payable in accordance with the regulations; and (ii) the proceeds (if any) arising from the disposal of a motor vehicle seized under this section; (f) for the delivery to any public body, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under this section. (3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if— (a) the use by reference to which the motor vehicle in question was seized was not a use by that person; and 43 (b) that person did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner. Seat belts 88. (1) The Governor in Council may make regulations prescribing the types of seat belts to be worn and the manner in which such seat belts are to be fixed and used, and such regulations may— (a) make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances; (b) make provision for exceptions subject to prescribed conditions; (c) prescribe the circumstances in which a seat is regarded as provided with a seat belt; (d) prescribe what constitutes a front and rear seat of a vehicle; and (e) prescribe a fee to be charged on an application for any certificate required under the regulations. (2) In this section, “seat belt” means a belt intended to be worn by a person in a vehicle and designed to prevent or lessen injury to its wearer in the event of an accident to the vehicle and includes any type of restraining device for a child; and any reference to wearing a seat belt is to be construed accordingly. Penalty notices 89. Not used Public service vehicles and taxis 90. (1) A person who operates a vehicle as a public service vehicle or a taxi without the vehicle and driver being permitted to do so by the Highway Authority commits an offence. Penalty: A fine of £5,000. (2) A person who falsely represents that either a vehicle or person is permitted to serve as a public service vehicle or taxi or a driver of any such vehicle commits an offence. Penalty: A fine of £5,000. Repeal and amendment of legislation 91. (1) The Road Traffic Ordinance, Cap. 101 is repealed with effect from 1st April 2017.17 (2) The Motor Vehicles (Third Party Insurance) Ordinance, 1962 is amended by repealing sections 7 and 8. Transitional provisions 17 To avoid a lacuna in the law, Cap. 101 will need to remain in force until the commencement of this Ordinance. 44 92. (1) Any appointments made under the Road Traffic Ordinance, Cap.101 continue as if they had been made under this Ordinance. (2) The Highway Code issued under section 54 of the Road Traffic Ordinance, Cap. 101 remains in effect as if it had been issued under section 71(1) this Ordinance. (3) For purpose of section 64(1), any offence of which a person was previously convicted under a corresponding provision of the Road Traffic Ordinance, Cap. 101 prior to its repeal, is deemed to be an offence of which the person was previously convicted under this Ordinance. SCHEDULE 1 (Section 18(3)) FOREIGN DRIVING LICENCES A foreign driving licence must not be recognised for the purposes of the Road Traffic Ordinance unless any writing or printing appearing thereon is in English or is accompanied (either within the document or as a separate document) by a translation into English done by an accredited translator certified by a professional body and the foreign driving licence has been issued by a country listed below: 1. British Overseas Territory grouping: Ascension Tristan da Cunha. 2. European Community/ European Economic Area (EC/EEA licences): Austria, Hungary, Norway, Belgium, Iceland, Poland, Bulgaria, Ireland, Portugal, Czech Republic, Italy, Republic of Cyprus, Denmark, Latvia, Romania, Estonia, Liechtenstein, Slovakia, Finland, Lithuania, Slovenia, France, Luxembourg, Spain, Germany, Malta, Sweden Greece, Netherlands, United Kingdom. 3. Other Countries Australia, Gibraltar, Singapore, Barbados, Hong Kong, South Africa, British Virgin Islands, Japan, Switzerland, Canada, Monaco, Zimbabwe. Falkland Islands, New Zealand, Faroe Islands, Republic of Korea, Note: A motorcycle or moped driver’s licence from the Republic of Korea or the Faroe Islands is not 45 considered equivalent to a St Helena licence for a motorcycle or moped. _______________________________________