Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

SR&O 26/1965

SPECIAL CONSTABLES (TRAFFIC WARDENS) (DISCIPLINE) REGULATIONS, 1965

[made under section 23 of the Police Act 1951 [repealed] and brought into operation on 23 June 1965]

ARRANGEMENT OF REGULATIONS

1 Interpretation

2 Application

3 Impartiality

4 Conduct whilst on duty

5 Conduct at all times

6 Investigation of alleged contravention

7 Pay after termination

8 Suspension pending in vestigation

9 Suspension when charged with criminal offence

10 Pay during suspension

Interpretation

1 In these Regulations—

"the Commissioner" means the Commissioner of Police;

"Traffic Warden" means any person who is appointed to be a traffic warden by the Corporation of the City of Hamilton or of the Town of St. George, with such powers and duties as may be conferred or imposed upon him under the terms of his ap pointment.

Application

2 These Regulations shall apply to all Traffic Wardens who are appointed to be special constables under section 40 of the Police Act 1974 [title 10 item 21].

Impartiality

3 A Traffic Warden shall at all times discharge his duties im partially.

Conduct whilst on duty

4 A Traffic Warden shall not, whilst on duty—

(a) act in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit on the Traffic War den Service;

(b) without good and sufficient cause, neglect promptly and diligently to do anything which it his duty as a Traffic Warden to do;

(c) idle or gossip;

(d) fail to work his patrol area in accordance with orders, or leave his patrol area or other place of duty without per mission or other sufficient cause;

(e) omit to make any necessary entry in an official docu ment or book;

(f) knowingly make any false statement in any official doc ument or book;

(g) wilfully or negligently make any false or misleading statement;

(h) without good and sufficient cause, destroy or mutilate any official document, record or book, or alter or erase any entry therein;

(i) be uncivil to any member of the public;

(j) smoke in a public place;

(k) be improperly dressed, dirty or untidy in person, cloth ing or accoutrements;

(l) drink, or receive from any other person, any intoxicating liquor;

(m) demand, or attempt to persuade any person to give him,

or to purchase or obtain for him any intoxicating liquor;

(n) enter any licensed premises or any other premises where liquors are stored or distributed, except in the course of his duty.

Conduct at all times

5 A Traffic Warden shall not, at any time,

(a) use or attempt to use his position as a Traffic Warden for his private advantage;

(b) divulge any matter which it his duty, as a Traffic War den, to keep secret;

(c) without permission of the Commissioner, communicate to the public press or to any unauthorised person any matter connected with the Traffic Warden Service, other than conditions of employment;

(d) without proper authority, show to any person outside the Traffic Warden Service or the Bermuda Police Service any book or other document connected with his duties as a Traffic Warden, or in any way disclose the contents of any such book or document;

(e) in connection with his duties as a Traffic Warden, di rectly or indirectly solicit or receive any gratuity, pre sent, subscription or testimonial without the consent of the Commissioner;

(f) without reasonable excuse, be absent without leave from or late for, duty.

[regulation 5 amended by 1997 : 37 effective by notice in Official Gazette]

Investigation of alleged contravention

6 The Commissioner, or any other Police Officer appointed by the Commissioner for the purpose, shall investigate any case in which it is alleged that a Traffic Warden has contravened these Regulations, and if the allegation is proved to the satisfaction of the investigating officer, the Traffic Warden shall be liable to be reprimanded and the Commissioner may recommend to the Corporation concerned that the appointment of such Traffic Warden be terminated.

Pay after termination

7 Where the appointment of a Traffic Warden is terminated as a result of a recommendation made by the Commissioner under regulation 6, the Traffic Warden shall not be entitled to any pay in lieu of notice, but he may be granted pay in lieu of any leave to which he may have be come entitled.

Suspension pending investigation

8 In any case where it is made to appear to the Commissioner that a Traffic Warden may have contravened these Regulations, he may sus pend such Warden until the matter has been investigated and finally determined.

Suspension when charged with criminal offence

9 The Commissioner may suspend from duty any Traffic Warden who has been charged with the commission of a criminal offence, and such suspension shall remain in force until such time as the charge has been finally determined or withdrawn.

Pay during suspension

10 A Traffic Warden suspended from duty under regulation 8 or 9 shall be entitled to receive his pay during the period of suspension at the rate applicable at the date of the suspension.