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Traffic Offences Procedure Act 1974 Specifie Penalties Notice 1988

BERMUDA STATUTORY INSTRUMENT

BR 2/88

TRAFFIC OFFENCES PROCEDURE ACT 1974

SPECIFIED PENALTIES NOTICE 1988

[made under section 9(1) of the Traffic Offences Procedure Act 1974 [title 20 item 12] and brought into operation on 1 February 1988]

1 (1) The Senior Magistrate in exercise of the powers conferred upon him by section 9(1) of the Traffic Offences Procedure Act 1974 and with the approval of the Chief Justice hereby specifies that the amount of the penalty for a traffic offence which may be entered by a police offi cer on a summons issued under Part II of the Act shall in respect of each such offence described in the first column of the Schedule be as set out in the third column of that schedule.

(2) This Notice shall come into operation on 1st February 1988 and applies to offences committed on or after 1st February 1988.

(3) The Notice dated 5th August 1977 and published as B.R. 33/77 is revoked.

SCHEDULE

TRAFFIC OFFENCES TO WHICH TICKET PROCEDURE APPLIES

DESCRIPTION OF OFFENCE

PROVISION OF LAW

FIXED PENALTY

Road Traffic Act 1947 [title 21 item 3]

Contravening traffic order

Section 4(4)

$30

Not moving on when required by a police officer


Section 6


$50

Exceeding speed limit up to and including 50 k.p.h.


Section 7(4)


$100

Exceeding speed limit above 50 k.p.h. but up to and including 54 k.p.h.


Section 7(4)


$150

Exceeding speed limit above 54 k.p.h.

Section 7(4)

 

Removing etc. traffic signs

Section 8(3)

$70

Neglecting to conform to directions or signals of police, officer regulating traffic or a traffic sign



Section 12



$50

Parking in a prohibited place or manner

Section 13(7)

$50

Leaving vehicle in a dangerous position or condition


Section 14


$70

Failing to take proper steps on stoppage of vehicle due to breakdown etc.


Section 15(2)


$60

Failing to secure unattended vehicle

Section 16(2)

$50

Failing to stop at intersection

Section 17(2)

$50

Unlawful carrying of passengers or carrying of passengers in unlawful position


Section 18(4)


$70

Unlawful sounding of warning device and playing of wireless sets fitted to a vehicle


Section 19(3)


$50

Towing of motor cycle or person wearing roller skates


Section 20


$70

Failing to exhibit distinctive mark on motor car whilst used for teaching


Section 21(2)


$25

Failing to exhibit distinctive mark on a trailer


Section 22(3)


$40

Towing more than one vehicle on trailer

Section 23(3)

$40

Failing to carry required lights or reflector during the hours of darkness


Section 25(12)


$50

Carriage of load in an unlawful manner

Section 26(4)

$70

Failing to stop or allow free passage at pedestrian crossing


Section 27(4)


$70

Remaining on pedestrian crossing or failure to comply with signal of police officer



Section 27(5)



$40

Failing to stop when requested by police officer


Section 30(3)


$100

Failing to comply with order to put equipment in good working order


Section 31(2)


$60

Owner failing to give information to police officer as to driver and occupants of vehicle


Section 32(2)


$100

Opening door of vehicle in a manner dangerous


Section 38


$60

Failing to give right of way to emergency vehicle


Section 40(1)


$100

Driving of vehicle in a defective condition

Section 41

$100

Failing to stop after accident

Section 42(2)

 

Failing to give name and address

Section 42(2)

$100

Failing to report accident causing person injury


Section 42(2)

 

Parking of Vehicles (Designated Areas) Act 1973
[title 21 item 11]

Parking in contravention of notice

Section 4

$50

Unauthorized parking in reserved area

Section 5

$50

Hamilton Traffic and Sidewalks Ordinance 1988
[title 4 item 1(m)]

Parking for period in excess of permitted period


Article 3


$50

Improper parking of taxi at taxi stand

Article 4

$50

Parking improperly

Articles 5,6,7

$50

Parking alongside yellow line

Articles 8,9

$50

Stopping or parking in loading zone

Article 11

$50

Stopping or parking so as to interrupt traffic


Article 13


$50

Parking on sidewalk

Article 14

$50

Driving or riding on sidewalk

Article 14

$30

Making "U" turn

Article 17

$20

Turning in a one-way street

Article 18

$20

Proceeding in one-way street other than in proper direction


Article 18


$20

Horsedrawn vehicle improperly left in street


Article 20


$30

Exceeding 15 kilometres an hour speed limit on wharf


Article 21


$25

Vehicle without springs exceeding fifteen kilometres an hour


Article 22


$20

Driving tracked vehicle without permit

Article 23

$25

Washing vehicle in street

Article 28(a)

$20

Leaving derelict vehicle in street

Article 28(b)

$70

St. George's Traffic Ordinance 1967 [title 4 item 1(zb)]

Failure to give right of way

Article 3

$30

Failure to give right of way to emergency vehicle


Article 4


$100

Parking improperly

Article 5

$50

Stopping or parking in loading zone

Article 6

$50

Stopping or parking so as to interrupt traffic


Article 8


$50

Stopping or parking facing wrong direction

Article 9

$50

Improper parking of taxi at taxi stand

Article 10

$50

Parking alongside yellow line

Article 11

$50

Parking at temporary sidewalk

Article 12

$50

Vehicle without springs exceeding 10 mph

Article 13

$20

Driving tracked vehicle without permit

Article 14

$25

Making "U" turn

Article 15

$20

Turning in one-way street

Article 16

$20

Unlawful right turn

Article 20

$30

Driving in alley closed to vehicles

Article 21

$30

Improperly leaving horse-drawn vehicle

Article 22

$30

Unnecessary sounding of horn

Article 23

$50

Exceeding 5 mph on wharf

Article 24

$25

Washing vehicle in street etc.

Article 26(a)

$20

Leaving horse-drown vehicle in street

Article 26(b)

$30

Auxiliary Bicycles Act 1954 [title 21 item 7]

Driving private auxiliary bicycle not having driver's licence


Section 9(1)


$100

Allowing unlicensed person to use private auxiliary bicycle


Section 9(2)


$50

Failing to produce driver's licence when required by police officer


Section 10(2)


$25

Failing to wear protective headgear on auxiliary cycle or allowing same


Section 10A(2)


$50

Using improperly equipped or defective auxiliary bicycle


Section 11(1)


$25

Using or allowing use of unsafe auxiliary bicycle


Section 12


$35

Using or allowing use of auxiliary bicycle in condition causing undue noise


Section 13(1)


$50

Using or allowing use of bicycle in manner causing unnecessary noise


Section 13(2)


$50


Using auxiliary bicycle while prohibition order in force


Section 14(3)

 

Person under 16 using auxiliary bicycle

Section 15(1)

$35

Allowing person under 16 to use auxiliary bicycle


Section 15(2)


$35

Using or allowing use of auxiliary bi cycle without a licence


Section 17(2)


$250

Using or allowing use of unregistered auxiliary bicycle


Section 23


$100

Using bicycle on road before change of ownership is registered


Section 25(1)(a)


$30

Failing to notify change of ownership

Section 25(1)(b)

$30

Failing to stop at request of police officer

Section 37(1)

$100

Driver failing to give name and address to police officer


Section 38(1)


$100

Failing to produce licence when required

Section 38(2)

$35

Auxiliary Bicycles (Construction, Equipment and Use) Regulations 1955 [title 21 item 7(a)]

Carrying something liable to obstruct view of approaching traffic


Regulation 3


$30

Oversize handlebars

Regulation 4

$20

Defective braking system

Regulation 5

$50

No bell or warning device

Regulation 6

$50

No front or rear light

Regulation 7

$50

Defective throttle control

Regulation 8

$20

Identification plate unreadable or obscured

Regulation 10

$25

Rear mudguard not painted with white reflective paint


Regulation 11


$20

Auxiliary Bicycles (Examination, Li censing and Registration) Regula tions 1955 [title 21 item 7(b)]

Defacing or mutilating auxiliary bicycle licence


Regulation 10


$100

Alteration of particulars in auxiliary bicycle licence


Regulation 11


$100

Failure to notify Minister and return licence where auxiliary bicycle destroyed etc.



Regulation 12



$25

Failure to exhibit validation sticker

Regulation 14(2)

$25

Cycles Act 1955 [title 21 item 8]

Riding improperly equipped pedal cycle

Section 2

$20

Riding pedicar

Section 3

$20

Road Traffic (Western Section of the Railway Path) Order 1955 [title 21 item 3(a)]

Using motor car on western side of railway path


Paragraph 3


$25

Road Traffic (Use of Tracked Vehicles) Order 1960
[title 21 item 3(b)]

Uing tracked vehicle outside municipal area without permit


Paragraph 2


$25

Motor Car Act 1951 [title 21 item 4]

Using vehicle of prohibited design, colour, or displaying signs, etc.


Section 11(1)


$60

Using vehicle not equipped as required or with equipment not in working order


Section 11(2)


$25

Driving unauthorized motor car

Section 16(13)

$25

Using instructional vehicle without permit

Section 22

$50

Unauthorized use of motor cycle

Section 24

$25

Unauthorized use of invalid chair

Section 25

$25

Unauthorized use of motor car for hire or reward


Section 26


$70

Unauthorized use of motor taxi

Section 33

$50

Unauthorized use of airport limousine

Section 36

$25

Unauthorized use of truck

Section 40

$25

Unauthorized use of self-propelled constructional machine


Section 41


$25

Unauthorized use of tracked vehicle

Section 42

$25

Unauthorized use of tractor

Section 43

$25

Unauthorized use of tank wagon etc.

Section 44

$25

Unauthorized use of trailer

Section 47

$25

Use of unlicensed motor car other than a motor cycle


section 52(2)(a)(i)


$750

Use of unlicensed motor cycle

section 52(2)(a)(ii)

$250

Keeping an unlicensed motor car other than a motor cycle

section 52(2)(b)

$750

Keeping an unlicensed motor cycle

section 52(2)(c)

$250

Contravention of conditions of licence

Section 53(2)

 

Use of unregistered motor car

Section 65

$100

Driving without licence or permitting unlicensed person to drive


Section 74(1)


$100

Failing to produce driver's licence when required by police officer


Section 85(2)


$35

Failing to stop when requested by police officer


Section 111(1)


$100

Driver failing to give name and address

Section 112(1)

$100

Failing to produce vehicle licence when required by police officer


Section 112(2)


$35

Owner failing to give information to police officer as to driver and occupants of motor car



Section 114



$100

Making false statements etc.

Section 122

 

Driving while disqualified or suspended

Section 123

 

Motor Car (Examination, Licensing and Registration) Regulations 1952 [title 21 item 4(a)]

Defacing motor car licence

Regulation 14

$100

Altering particulars in motor car licence

Regulation 15

$100

Failure to notify Minister and return motor car licence where motor car destroyed etc.


Regulation 17


$70

Failing to carry motor car licence or produce for inspection on demand


Regulation 19


$25

Failure to exhibit licence certificate in required manner


Regulation 21


$25

Defacing licence certificate

Regulation 22

$100

Failure to exhibit identification plate in required manner


Regulation 27


$25

Failure to exhibit trade plate in required manner


Regulation 32


$70

Failure to carry trade licence

Regulation 33

$60

Unauthorized person driving motor car under trade licence


Regulation 34


$70

Failure to carry journey book

Regulation 35(3)

$60

Motor Car (Construction, Equipment and Use) Regulations 1952 [title 21 item 4(b)]

View to front obstructed

Regulation 3

$25

Defective springs

Regulation 4

$25

Defective brakes

Regulation 6, 7, 8, 10


$50

Defective coupling of trailers

Regulation 11

$85

Unable to reverse

Regulation 12

$60

Defective mudguards

Regulation 13

$35

Emission of avoidable smoke

Regulation 14

$50

Defective tyres

Regulation 15

$25

Defective headlights

Regulation 16

$25

Defective speed indicator

Regulation 17

$25

Defective windscreen wipers

Regulation 18

$25

Defective mirror

Regulation 19

$25

Defective safety glass

Regulation 20

$25

Defective horn

Regulation 21

$50

Defective silencer

Regulation 22

$25

Defective direction indicator

Regulation 23

$25

Defective stop light

Regulation 24

$25

Defective reversing light

Regulation 25

$25

Failure to carry fire extinguisher in public service vehicle


Regulation 26


$100

Tare and maximum load improperly marked


Regulation 27


$25

Using over-loaded truck or trailer

Regulation 28

$70

Using truck with insecured tail board or flaps


Regulation 29


$35

Failure to maintain in safe condition

Regulation 30

$70

Failure to maintain steering gear and lights

Regulation 31

$35

Failure to maintain wheels and tyres

Regulation 32

$35

Failure to maintain glass

Regulation 33

$25

Flags, mascots, etc. obscuring view of driver


Regulation 34


$25

Mascot likely to cause injury

Regulation 35

$25

Emission of avoidable smoke

Regulation 36

$50

Filling tank with petrol while engine running or person smoking


Regulation 37


$100

Dangerous carriage of explosives

Regulation 38

$100

Diving so as to cause excessive noise

Regulation 40

$50

Failing to stop engine when stationary

Regulation 41

$25

Sounding horn when stationary

Regulation 42

$50

Being equipped with seating other than for the driver and person sitting next to the driver



Regulation 43(b)



$30

Failing to have painted on the side of the vehicle words showing that it is instruc tional



Regulation 43(c)



$30

Motor Car (Drivers Licences) Regulations 1952
[title 21 item 4(d)]

Unauthorized passenger in instructional vehicle


Regulation 9(4)


$30

Alteration of driver's licence

Regulation 1

$120

Failure to notify change of address

Regulation 16

$25

Failure to return licence on ceasing to be member of household of owner


Regulation 17


$25

Motor Taxi Regulations 1952 [title 21 item 4(e)]

Charging excessive fare

Regulation 3

$90

Unlawful starting or stopping of taxi meter

Regulation 4

$70

Carrying more than lawful number of passengers in taxi


Regulation 6


$70

Using taxi not properly lettered or equipped with lamp


Regulation 7


$70

Defective taxi meter

Regulation 8

$70

Failure to display notices

Regulation 9

$60

Failure to illuminate equipment

Regulation 10

$60

Refusing to accept passenger for lawful journey


Regulation 11


$70

Improper dress; no badge; disrespect; smoking; using radio without consent


Regulation 12


$25

Display advertising matter

Regulation 13

$60

Improper charge for baggage

Regulation 14

$70

Failure to maintain record

Regulation 17

$25

Failure to produce record

Regulation 18

$25

Excessive time on duty

Regulation 20

$70

Fraudulently hiring taxi

Regulation 22

$70

Leaving taxi unattended

Regulation 23

$60

Motor-Cycles & Auxiliary Bicycles (Special Measures of Control) Act 1953 [title 21 item 6]

Failing to wear protective headgear or allowing same on motor cycle or not having headgear securely fastened



Section 6(2)



$50

Motor Car Insurance (Third-Party Risks) Act 1943
[title 21 item 5]

Failing to give particulars of insurance

Section 9(2)(a)

$30

[Schedule amended by BR 92/1988 effective 30 December 1988; by BR 36/1992 effective 1 August 1992, by BR 14/1995 effective 1 April 1995; and by BR 1/1998 effective 9 January 1998]