ROAD TRAFFIC ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Establishment of Road Traffic Control Authority and branches thereof

   4   Delegation of functions by Traffic Authorities

   5   Duties of Island Traffic and Traffic Area Authorities

   6   [Repealed by Act 13 of 1987.]

   7   Delegation of functions by Licensing Authority

   8   Validity of proceedings of Island Traffic Authority, Traffic Area Authorities and Licensing Authorities

 

PART II
Regulation of Motor Vehicles

   9   Application of this Part

   10   Certificate of fitness

   11   Classification of motor vehicles

 

Licensing and Registration of Motor Vehicles

   12   Licence duties on motor vehicles

   13   Duration of licences

   14   Motor Vehicles Register

   15   Payment of licence duties and fees into Consolidated Fund and Parochial Revenue Fund and the Road Maintenance Fund

 

Licences of Drivers

   16   Drivers' licences required

   17   Licensing of drivers

   18   Prerequisites to the grant of a driver's licence

   19   Disqualifications for obtaining a driver's licence

      Grounds for refusal or cancellation of driver's licences

   20   Provisions as to physical fitness of applicants for drivers' licences

   21   Constitution of Road Traffic Appeal Tribunal

   22   Production of driver's licence to constable on request

   23   Disqualification for offences

   24   Provisions as to disqualifications and suspensions

   25   Provisions as to endorsements

 

Provisions as to Driving and Offences in connection therewith

   26   Rate of speed on prescribed roads

   27   Reckless or dangerous driving

   28   Power to convict for reckless or dangerous driving on trial for manslaughter.

   29   Power to proceed on charge for careless driving on hearing of charge for reckless or dangerous driving

   30   Causing death by reckless or dangerous driving

   31   Disqualification for offences causing death

   32   Careless driving

   33   Racing and speed trials

   34   Driving motor vehicles under influence of drink or drugs

      Driving or being in charge of vehicle while blood-alcohol levels exceed prescribed limit

   34B   Breath test

   34C   Breath analysis

   34D   Laboratory tests

   34E   Refusal to consent to taking of or providing of specimen

   34F   Ancillary provisions as to evidence in proceedings for an offence under section 34A or 34B

   34G   Interpretation of sections 34A to 34F

   35   Restriction on pillion riding

   36   Restriction on number of trailers drawn

   37   Duty to give name and address and to stops and power of arrest in certain cases

   38   Restrictions on prosecutions

 

Accidents

   39   Duty to stop in case of accident

 

Provisions as to Light, Reflectors, Horns, Noise

   40   Lights on motor vehicles

   41   Elimination of glare

   42   Reflectors on carriages and motor vehicles

   43   Warning device and prohibition of unreasonable noise and smoke

 

Seat Belts and Protective Helmets

      Vehicles to be equipped with seat belts

   43B   Drivers, etc, of motor vehicles to wear seat belt

   43C   Child in motor vehicles to wear child restraint system

   43D   Protective helmets

   44   Silence zones

   45   Unlawful user of motor vehicle

   46   Offences

   47   Particulars of convictions to be furnished to Traffic Authorities and entered in Drivers' Offences Book

   48   Motor Vehicles Register, Drivers' Offences Book and Drivers' Licences Book to be prima facie evidence.

 

Weighing of Motor Vehicles

   49   Method of calculating weight

   50   Weighing of motor vehicles

      Further provisions re weighing of vehicles

   50B   Disposal of goods, payment of proceeds, etc

 

Driving Rules

   51   Rules of the road

   52   Riding on outside of motor vehicle

   53   Stationary motor vehicles

   54   Parking of motor vehicles

   55   Offence relating to parking places on highways where charges made

   56   When motor vehicle is to be stopped

   57   Signals by drivers

   58   Signals by Police to be obeyed

 

Regulations

   59   Minister may make regulations

 

The Points System

      Assignment of points on conviction for certain offences

   59B   Expungement of demerit points after three years

   59C   Changes in the demerit point system by the Minister

 

PART III
Regulation of Public Passenger Vehicles and Road Licences

   60   Classification of public passenger vehicles

 

Road Licences for Public Passenger Vehicles

   61   Road licences for public passenger vehicles

   62   Classes of road licences

   63   Conditions to grant of road licences and conditions attached to road licences

   64   Power of Minister to limit number of road licences

   65   Specially constituted Licensing Authorities

   66   Emergency road licences

   67   Validity of road licences in other licensing areas

   68   Revocation or suspension of licences for non-compliance with conditions

 

Conductors' Licences

   69   Conductors' licences

   70   Application for conductors' licences

 

General Provisions as to Licences

   71   Procedure on applications for licences

   72   Appeals to Road Traffic Appeal Tribunal in connection with road licences

   73   Appeals to Road Traffic Appeal Tribunal in connection with conductors' licences

 

Drivers, Conductors and Passengers

   74   Regulations for conduct of passengers

   75   Regulation of conduct of drivers and conductors

   76   General power of making regulations

   77   Non-exemption of liability under other provisions of this Act or at common law

 

PART IV
Regulation of Commercial Motor Cars

   78   Prohibition to use commercial motor cars except under carriers' licences

   79   Classes of carriers' licences

   80   Procedure on application for licences

   81   Refusal, suspension or revocation of carriers' licences in certain cases

   82   Discretion of Licensing to grant or to refuse carriers' licences

   83   Conditions of licences

   84   Power to revoke or to suspend licences

   85   Objections to applications for licences

   86   Provisions for appeals in connection with licences

   87   Transfer of licences prohibited

   88   General power of making regulations

   89   Non-exemption of liability under other provisions of this Act or at common law

 

PART V
International circulation of Motor Vehicles

   90   International circulation of motor vehicles

   91   Cases not within any convention

 

PART VI
Roads and Vehicles Generally

   92   Application of this Part to all vehicles

   93   Application of certain provisions of Part II to this Part

   94   Regulation of bicycle racing on roads

   95   Issue by Island Traffic Authority of directions for guidance of users of roads

   96   Erection of traffic signs, etc

   97   All traffic signs to be obeyed

   98   Power of Road Authority as to refuges

   99   Arrangements for patrolling school crossings

   100   Power of school crossing patrols to stop traffic

   101   Foot passenger crossings

   102   Provision of foot-paths

   103   Power to declare roads, principal roads

   104   Relating to drovers

   105   Power of Road Authority temporarily to prohibit or restrict traffic on roads

 

PART VII
General

   106   Regulations

   107   Relating to regulations under this Act

   108   Punishment of offences not otherwise provided for

   109   Trial of offences

   110   Liability of driver or owner not affected

   111   Application to persons in Public Service

   112   Prerogative

   113   Saving

   114   Certain provisions of Part II not to apply to vehicles of Jamaica Defence Force

   115   Exemption from certain restrictions

 

PART VIII
Special Powers of Enforcement and Administration Traffic Tickets

   116   Punishment without prosecution of offences in connection with lights, reflectors, obstruction, etc

 

Traffic Wardens

   117   Traffic wardens

 

Special Enforcement Provisions

   118   Duty to give information as to identity of driver, etc, in certain cases

   119   Evidence by certificate

   120   Proof, in summary proceedings, of identity of driver of vehicle

   121   Charges for removing and storing vehicles

   122   Disposal of vehicles abandoned on roads or in parking places

   123   Regulations

      SCHEDULES

 

THE ROAD TRAFFIC ACT

[Date of Commencement: 1st April, 1938]

Cap 346.

Laws
23 of 1953,
31 of 1953,
5 of 1954,
16 of 1956,
30 of 1956,
23 of 1957,
6 of 1959,
15 of 1960,
20 of 1960,
11 of 1961,
14 of 1962.

Acts
7 of 1963,
17 of 1963,
5 of 1964,
20 of 1964,
15 of 1967,
26 of 1968,
41 of 1969,
14 of 1970,
27 of 1971,
21 of 1972,
22 of 1974,
34 of 1976,
11 of 1981,
12 of 1984,
16 of 1984,
1 of 1986,
13 of 1987,
22 of 1987,
1 of 1993,
6 of 1995,
18 of 1996,
2 of 1997,
9 of 1998,
13 of 1999,
21 of 1999,
14 of 2002,
38 of 2002,
25 of 2004,
20 of 2005.

LNs
964/1959,
233/1964,
89D/1993,
28/1998,
71/2001,
71B/2003,
87D/2003,
145A/2003,
69D/2004,
76A/2004
146/2008.

PART I
Preliminary (sections 1-8)

1   Short title

   This Act may be cited as the Road Traffic Act.

2   Interpretation

   (1) In this Act-

   "area" means the area from time to time prescribed as a traffic, or as a licensing area, and the expressions "traffic area" and "licensing area" shall be construed accordingly;

   "chauffeur" means a person who drives a motor vehicle and receives compensation therefor;

   "child" includes any person whose size, height or build is such that the person experiences or is likely to experience problems or difficulty with the upper anchorage point of a seat belt;

[13/1999 s 2.]

   "child restraint system" means a seat belt, restraint system or other device or combination of devices, designed to diminish the risk of injury to a child, in the event of collision or of abrupt deceleration of a vehicle, by limiting the mobility of the body of the child, being a device or combination of devices which-

   (a)   is designed either to be fixed directly to a suitable anchorage or to be used in conjunction with an adult seat belt and held in place by the restraining action of that belt; or

   (b)   is fitted in the vehicle by the manufacturer and is of a type which complies with such standards as may be prescribed by the Minister by regulations in respect of the shape, quality, construction, installation and assembly of seat belts and other safety belt assemblies and anchorage and child restraint systems;

[13/1999 s 2.]

   "driver" where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged the driving in of the vehicle, and the expression "drive" shall be construed accordingly;

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