Traffic Offences Procedure Act 1974 Specified Penalties Notice 1988

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BERMUDA

SPECIFIED PENALTIES NOTICE 1988 [made under section 9(1) of the Traffic Offences Procedure Act 1974 and brought into operation on 1 February 1988]

1. BR 2 / 88

(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 officer 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.

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

SCHEDULE

TRAFFIC OFFENCES TO WHICH TICKET PROCEDURE APPLIES

PROVISION OF DESCRIPTION OF OFFENCE FIXED PENALTY LAW

Road Traffic Act 1947

Contravening traffic order Section 4(4) $30

Not moving on when required by a Section 6 $50 police officer

Exceeding speed limit up to and Section 7(4) $100 including 50 k.p.h.

Exceeding speed limit above 50 k.p.h. Section 7(4) $150 but up to and including 54 k.p.h.

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 Section 12 $50 traffic or a traffic sign

Parking in a prohibited place or Section 13(7) $50 manner

Leaving vehicle in a dangerous position Section 14 $70 or condition

Failing to take proper steps on stoppage of vehicle due to breakdown Section 15(2) $60 etc.

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 Section 18(4) $70 position

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Unlawful sounding of warning device and playing of wireless sets fitted to a Section 19(3) $50 vehicle

Towing of motor cycle or person Section 20 $70 wearing roller skates

Failing to exhibit distinctive mark on Section 21(2) $25 motor car whilst used for teaching

Failing to exhibit distinctive mark on a Section 22(3) $40 trailer

Towing more than one vehicle on trailer Section 23(3) $40

Failing to carry required lights or Section 25(12) $50 reflector during the hours of darkness

Carriage of load in an unlawful manner Section 26(4) $70

Failing to stop or allow free passage at Section 27(4) $70 pedestrian crossing

Remaining on pedestrian crossing or failure to comply with signal of police Section 27(5) $40 officer

Failing to stop when requested by Section 30(3) $100 police officer

Failing to comply with order to put Section 31(2) $60 equipment in good working order

Owner failing to give information to police officer as to driver and Section 32(2) $100 occupants of vehicle

Opening door of vehicle in a manner Section 38 $60 dangerous

Failing to give right of way to Section 40(1) $100 emergency vehicle

Driving of vehicle in a defective Section 41 $100 condition

Failing to stop after accident Section 42(2)

Failing to give name and address Section 42(2) $100

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Failing to report accident causing Section 42(2) person injury

Parking of Vehicles (Designated Areas) Act 1973

Parking in contravention of notice Section 4 $50

Unauthorized parking in reserved area Section 5 $50

Hamilton Traffic and Sidewalks Ordinance 1988

Parking for period in excess of Article 3 $50 permitted period

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 Article 13 $50 traffic

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 Article 18 $20 than in proper direction

Horsedrawn vehicle improperly left in Article 20 $30 street

Exceeding 15 kilometres an hour speed Article 21 $25 limit on wharf

Vehicle without springs exceeding Article 22 $20 fifteen kilometres an hour

Driving tracked vehicle without permit Article 23 $25

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Washing vehicle in street Article 28(a) $20

Leaving derelict vehicle in street Article 28(b) $70

St. George’s Traffic Ordinance 1967

Failure to give right of way Article 3 $30

Failure to give right of way to Article 4 $100 emergency vehicle

Parking improperly Article 5 $50

Stopping or parking in loading zone Article 6 $50

Stopping or parking so as to interrupt Article 8 $50 traffic

Stopping or parking facing wrong Article 9 $50 direction

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 Article 13 $20 mph

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 Article 22 $30 vehicle

Unnecessary sounding of horn Article 23 $50

Exceeding 5 mph on wharf Article 24 $25

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Washing vehicle in street etc. Article 26(a) $20

Leaving horse-drown vehicle in street Article 26(b) $30

Auxiliary Bicycles Act 1954

Driving private auxiliary bicycle not Section 9(1) $100 having driver’s licence

Allowing unlicensed person to use Section 9(2) $50 private auxiliary bicycle

A person under 18 years of age driving an auxiliary bicycle with a Section 9B(1) $300 passenger

Causing or allowing a person under

18 years of age to drive an auxiliary Section 9B(2) $300 bicycle with a passenger $300 A passenger on an auxiliary bicycle driven by a person under 18 years Section 9B(3) of age $300 A person under 18 years of age driving an auxiliary bicycle Section 9C(1) between 1:00 a.m. and 5:00 a.m. $300 Causing or allowing a person under

18 years of age to drive an auxiliary Section 9C(2) bicycle between 1:00 a.m. and 5:00 a.m. $400 Non resident under 18 years of age Section 9D driving an auxiliary bicycle

Failing to produce driver’s licence Section 10(2) $25 when required by police officer

Failing to wear protective headgear Section 10A(2) $50 on auxiliary cycle or allowing same

Using improperly equipped or Section 11(1) $25 defective auxiliary bicycle

Using or allowing use of unsafe Section 12 $35 auxiliary bicycle

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Using or allowing use of auxiliary bicycle in condition causing undue Section 13(1) $50 noise

Using or allowing use of bicycle in Section 13(2) $50 manner causing unnecessary noise

Using auxiliary bicycle while Section 14(3) prohibition order in force

Person under 16 using auxiliary Section 15(1) $35 bicycle

Allowing person under 16 to use Section 15(2) $35 auxiliary bicycle

Using or allowing use of auxiliary bi- Section 17(2) $250 cycle without a licence

Using or allowing use of Section 23 $100 unregistered auxiliary bicycle

Using bicycle on road before Section 25(1)(a) $30 change of ownership is registered

Failing to notify change of Section 25(1)(b) $30 ownership

Failing to stop at request of police Section 37(1) $100 officer

Driver failing to give name and Section 38(1) $100 address to police officer

Failing to produce licence when Section 38(2) $35 required

Auxiliary Bicycles (Construction, Equipment and Use) Regulations 1955

Carrying something liable to obstruct Regulation 3 $30 view of approaching traffic

Oversize handlebars Regulation 4 $20

Defective braking system Regulation 5 $50

No bell or warning device Regulation 6 $50

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

No front or rear light Regulation 7 $50

Defective throttle control Regulation 8 $20

Identification plate unreadable or Regulation 10 $25 obscured

Rear mudguard not painted with white Regulation 11 $20 reflective paint

A person driving or causing or allowing any other person to drive an auxiliary bicycle while using a hand-held mobile Regulation 12 $500 telephone, a hand-held device or a hand-held entertainment device

Auxiliary Bicycles (Examination, Licensing and Registration) Regulations 1955

Defacing or mutilating auxiliary bicycle Regulation 10 $100 licence

Alteration of particulars in auxiliary Regulation 11 $100 bicycle licence

Failure to notify Minister and return licence where auxiliary bicycle Regulation 12 $25 destroyed etc.

Failure to exhibit validation sticker Regulation 14(2) $25

Cycles Act 1955

Riding improperly equipped pedal cycle Section 2 $20

Riding pedicar Section 3 $20

Road Traffic (Western Section of the Railway Path) Order 1955

Using motor car on western side of Paragraph 3 $25 railway path

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Road Traffic (Use of Tracked Vehicles) Order 1960

Uing tracked vehicle outside municipal Paragraph 2 $25 area without permit

Motor Car Act 1951

Using vehicle of prohibited design, Section 11(1) $50 colour, or displaying signs, etc.

Using vehicle not equipped as required Section 11(2) $25 or with equipment not in working order

Failing to wear a seat belt Section 20C $50

Using instructional vehicle without Section 22 $50 permit

Unauthorized use of motor cycle Section 24 $25

Unauthorized use of invalid chair Section 25 $25

Unauthorized use of motor car for hire Section 26 $70 or reward

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 Section 41 $25 constructional machine

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 section 52(2)(a)(i) $750 a motor cycle

Use of unlicensed motor cycle section 52(2)(a)(ii) $250

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Keeping an unlicensed motor car other section 52(2)(b) $750 than a motor cycle

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 Section 74(1) $100 unlicensed person to drive

Failing to produce driver’s licence Section 85(2) $35 when required by police officer

Failing to stop when requested by Section 111(1) $100 police officer

Driver failing to give name and address Section 112(1) $100

Failing to produce vehicle licence when Section 112(2) $35 required by police officer

Owner failing to give information to police officer as to driver and Section 114 $100 occupants of motor car

Making false statements etc. Section 122

Driving while disqualified or Section 123 suspended

Motor Car (Examination, Licensing and Registration) Regulations 1952

Defacing motor car licence Regulation 14 $100

Altering particulars in motor car Regulation 15 $100 licence

Failure to notify Minister and return motor car licence where motor car Regulation 17 $70 destroyed etc.

Failing to carry motor car licence or Regulation 19 $25 produce for inspection on demand

Failure to exhibit licence certificate in Regulation 21 $25 required manner

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Defacing licence certificate Regulation 22 $100

Failure to exhibit identification plate in Regulation 27 $25 required manner

Failure to exhibit trade plate in Regulation 32 $70 required manner

Failure to carry trade licence Regulation 33 $60

Unauthorized person driving motor car Regulation 34 $70 under trade licence

Failure to carry journey book Regulation 35(3) $60

Motor Car (Construction, Equipment and Use) Regulations 1952

View to front obstructed Regulation 3 $25

Defective springs Regulation 4 $25

Regulation 6, 7, 8, Defective brakes $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

Tinted film, sun shading material or other coloured material affixed to Regulation 20A $500 windscreen or window

Defective horn Regulation 21 $50

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

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 Regulation 26 $100 public service vehicle

Tare and maximum load improperly Regulation 27 $25 marked

Using over-loaded truck or trailer Regulation 28 $70

Using truck with insecured tail board Regulation 29 $35 or flaps

Failure to maintain in safe condition Regulation 30 $70

Failure to maintain steering gear and Regulation 31 $35 lights

Failure to maintain wheels and tyres Regulation 32 $35

Failure to maintain glass Regulation 33 $25

Flags, mascots, etc. obscuring view of Regulation 34 $25 driver

Mascot likely to cause injury Regulation 35 $25

Emission of avoidable smoke Regulation 36 $50

Filling tank with petrol while engine Regulation 37 $100 running or person smoking

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 Regulation 43(b) $30 the driver

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Failing to have painted on the side of the vehicle words showing that it is Regulation 43(c) $30 instructional

A person driving or causing or allowing Regulation 44 $500 any other person to drive a motor car while using a hand-held mobile telephone, a hand-held device or a hand-held electronic entertainment device

A person driving or causing or allowing Regulation 45 $500 any other person to drive a motor car equipped with a television, computer or other device with a display screen visible to the driver

Motor Car (Drivers Licences) Regulations 1952

Unauthorized passenger in Regulation 9(4) $30 instructional vehicle

Alteration of driver’s licence Regulation 1 $120

Failure to notify change of address Regulation 16 $25

Failure to return licence on ceasing to Regulation 17 $25 be member of household of owner

Motor Taxi Regulations 1952

Charging excessive fare Regulation 3 $90

Unlawful starting or stopping of taxi Regulation 4 $70 meter

Carrying more than lawful number of Regulation 6 $70 passengers in taxi

Using taxi not properly lettered or Regulation 7 $70 equipped with lamp

Defective taxi meter Regulation 8 $70

Failure to display notices Regulation 9 $60

TRAFFIC OFFENCES PROCEDURE ACT 1974 SPECIFIED PENALTIES NOTICE

Failure to illuminate equipment Regulation 10 $60

Refusing to accept passenger for lawful Regulation 11 $70 journey

Improper dress; no badge; disrespect; Regulation 12 $25 smoking; using radio without consent

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

Failing to wear protective headgear or allowing same on motor cycle or not Section 6(2) $50 having headgear securely fastened

Motor Car Insurance (Third-Party Risks) Act 1943

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; by BR 1/1998 effective 9 January 1998; by BR35/2004 effective

11 June 2004; amended by BR 61 / 2010 s. 3 effective 27 August 2010]

[Amended by: BR 92 / 1988 BR 36 / 1992 BR 14 / 1995 BR 1 / 1998 BR 61 / 2010]

No cases currently cite this legislation.