|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Pitcairn Islands Consolidated Legislation (Historical Versions) |
LAWS OF PITCAIRN, HENDERSON, DUCIE
AND OENO ISLANDS
Revised Edition 2001
CHAPTER XI
LOCAL GOVERNMENT ORDINANCE
_________________
Arrangement of sections
PART I—PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II—ISLAND OFFICERS, ISLAND COUNCIL AND INTERNAL COMMITTEE
3. Island Officers.
4. Election of Island Magistrate and provisions relating to casual vacancies.
5. Election of other Island Officers and provisions relating to casual vacancies.
6. Island Council.
7. Powers and duties of Council.
8. Incorporation of the Council.
9. Internal Committee.
10. Chief Executive Officer and Island Secretary.
10A. Interpretation.
PART III—ELECTION OF ISLAND OFFICERS
11. Qualification of voters.
12 Preparation of Register of Voters.
13 Election day.
14. Qualification for election of Island Officers.
15. Nomination of candidates.
16. Elections.
17. Absentee voting.
Ordinances Nos:
1 of 1964.
1 of 1967.
1 of 1982.
1 of 1983.
6 of 1983,
2 of 1985.
1 of 1986.
1 of 1987.
1 of 1990.
1 of 1990.
4 of _997.
1 of 2004.
7 of 2004.
An ordinance relating to the Local Government of Pitcairn,
Henderson, Ducie and Oeno Islands.
[8th November, 1964]
PART I—PRELIMINARY
Short title.
1. This ordinance may be cited as the Local Government Ordinance.
Interpretation.
2. In this ordinance unless the context otherwise requires—
"Chairman" means the person from time to time holding the office of Chairman of the Internal Committee under the provisions of this ordinance;
"Council" means the Island Council constituted under the provisions of this ordinance;
"Councillor" means any person from time to time holding the office of Councillor under the provisions of this ordinance;
"Government Treasurer" means the person from time to time appointed by the Governor to hold the public office of Government Treasurer;
"Internal Committee" means the Internal Committee constituted under the provisions of this ordinance; "islander" means any inhabitant, whether temporary or permanent, of the Islands or any of them;
"Island Officer" means and includes any person from time to time holding the office of Mayor, Chairman or Councillor under the provisions of this ordinance;
"Island Secretary" means the person from time to time appointed by the Governor to hold the public office of Island Secretary;
"Mayor" means the person from time to time holding the office of Mayor under the provisions of this ordinance;
"official office" means and includes any public office and any office to which any person is elected or appointed under the provisions of this ordinance;
"public office" means any office constituted under the provisions of section 7 of the Pitcairn Order1970, but shall not include any office to which any person is elected or appointed under the provisions of this ordinance;
"public officer" means and includes any person from time to time appointed by the Governor to hold any public office;
"public work" or "public activities" means the performance of works or services for the common benefit of the islanders;
"Recorder" means the person from time to time appointed by the Council, under the provisions of this ordinance, to receive and record votes at polls taken for the election of Island Officers;
"the public notice board" means the notice board maintained on Pitcairn Island for the public notification of matters relating to the Islands.
PART II—ISLAND OFFICERS, ISLAND COUNCIL AND INTERNAL COMMITTEE
Island Officers.
3.—(1) There shall be the following elected officials to be known as Island Officers—
(a) the Mayor;
(b) the Chairman of the Internal Committee;
(c) four Councillors.
(2) If any Island Officer is sentenced to imprisonment by any Court in any part of the Commonwealth the Governor may in his discretion request such person to resign from his or her office and if such person fails to resign from such office within seven days after such request is communicated to him or her the office held by him or her shall be deemed to become vacant at the expiration of such period of seven days as though such person had in fact resigned.
(3) If any Island Officer dies, resigns, or by reason of his or her permanent absence from the Islands or any other permanent incapacity is unable to perform his or her duties the office of such Island Officer shall be deemed to become vacant:
Provided that if any Island Officer is by reason of his or her absence from the Islands or by illness or any other incapacity unable to perform his or her duties for any period of six months or more such Island Officer shall for the purposes of this Ordinance be deemed to be permanently absent from the Islands or permanently incapacitated as the case may be and the office of such Island Officer shall be deemed to become vacant at the expiration of such period of six months.
Election of Mayor and provisions relating to casual vacancies.
4.—(1) Between the first and fifteenth days of December1987 inclusive and thereafter between the first and fifteenth days of December inclusive in every third succeeding year the inhabitants of Pitcairn Island shall elect, in the manner provided therefor in Part III of this ordinance, the Mayor who shall take office on the first day of January in the year following the year of his or her election and remain in office until the 31st day of December in the third year following the year of his or her election and be eligible for re-election.
(2) If any vacancy occurs in the office of Mayor by reason of the death, resignation, permanent absence from the Islands or any permanent incapacity of the Mayor to perform his or her duties the Chairman of the Internal Committee shall succeed to the office of Mayor and shall be deemed to have been elected to such office for the unexpired balance of the term of office of the person to whom he or she succeeds in such office.
(3) If the Mayor shall by reason of illness, absence from the Islands or otherwise become temporarily incapable of performing his or her duties, the Council shall appoint the Chairman of the Internal Committee, or if the said Chairman is unable or unwilling to accept such appointment such other suitable person as it thinks fit, to act in the office of Mayor until such time as the Mayor resumes his or her duties or the office of Mayor becomes vacant, and while so acting the Chairman or such other person shall have all of the powers and exercise all of the duties of the Mayor as though he or she had been elected to such office under the provisions of this ordinance.
Election of other Island Officers and provisions relating to casual vacancies
5.—(1) Between the first and fifteenth days of December inclusive in every year the inhabitants of Pitcairn Island shall elect, in the manner provided in Part III of this ordinance, the Island Officers other than the Mayor.
(2) The Island Officers elected under the provisions of this section shall take office on the first day of January in the year following the year of their election and remain in office until the next succeeding 31st day of December.
(3) If any vacancy occurs in the office of any Island Officer, other than the Mayor, by reason of the death, resignation, or permanent absence from the Islands or any other permanent incapacity, of the holder of such office, the Council shall forthwith appoint such suitable person as it sees fit to hold the office so vacated and any person so appointed shall be deemed to have been elected under the provisions of this ordinance to the office to which he or she is appointed for the unexpired balance of the term of office of the person in whose place he or she is appointed.
(4) If any Island Officer, other than the Mayor, shall by reason of illness, absence from the Islands or otherwise become temporarily incapable of performing his or her duties or is appointed to act in the office of Mayor under the provisions of subsection (3) of section 4 of this ordinance, the Council shall appoint such suitable person as it sees fit to act in the office of such Island Officer until such time as such Island Officer resumes his or her duties or such office becomes vacant and while so acting the person so appointed shall have all of the powers and exercise all of the duties of such Island Officer as though elected to such office under the provisions of this ordinance.
Island Council.
6.—(1) There shall be an Island Council which shall consist of the following voting members namely—
(a) the Island Officers, who shall be elected members;
(b) the Island Secretary, who shall be an ex officio member; and
(c) one nominated member appointed annually by the
Governor; and two non-voting members, to be known as advisory members, of whom one shall be appointed annually by the Governor and the other shall be appointed annually by the Council at the first meeting of the Council in January of each year, and who shall hold office until the 31st day of December in such year.
(2) If any vacancy occurs in the office of the nominated or any advisory member of the Council by reason of the death, resignation, absence from the Islands or any other incapacity, other than a temporary absence or incapacity, of such nominated or advisory member, the Council shall forthwith appoint such suitable person as it sees fit to hold the office so vacated and any person so appointed shall be deemed to have been appointed to such office for the unexpired balance of the term of office of the person in whose place he or she is appointed:
Provided that if any person is appointed under the provisions of this subsection to any office to which the Governor is required to make any appointment under the provisions of subsection (1) of this section the fact of such appointment shall be forthwith notified to the Governor who may cancel such appointment and appoint any other person whom he considers fit to hold that office for the unexpired balance of the term of office of the person in whose place he or she is appointed.
(3) Advisory members shall be entitled to take part in all proceedings at meetings of the Council but shall not be entitled to vote on any question coming before the Council.
(4) The Council shall meet for ordinary meetings once in every month and for special meetings at such other times as it may be summoned by the Mayor, who shall fix the time of ordinary and special meetings.
(5) The Mayor shall preside at every meeting of the Council. He or she shall have an original vote and, in the case of an equal number of votes on any question before the Council, a second or casting vote.
(6) No business shall be transacted at any meeting of the Council unless at least five voting members, of whom not fewer than four are elected members, are present.
(7) Every question before the Council shall be decided by the majority of the votes of the voting members present.
(8) The Council shall have power to adjourn its sittings from time to time.
(9) No act or proceeding of the Council shall be questioned on account of any vacancy in its membership.
(10) All Council meetings shall be open to the public in so far as the seating accommodation permits:
Provided that members of the public may be excluded from any Council meeting whilst such meeting is adjourned into Committee.
(11) The Island Secretary shall be Clerk to the Council and shall record the minutes of all meetings of the Council.
Powers and duties of Council.
7.—(1) Subject to the orders and directions of the Governor, it shall be the duty of the Council to provide for the enforcement of the provisions of this and all other ordinances for the time being in force in the Islands and of any regulations made thereunder and it may make, amend or revoke regulations for the good administration of the Islands, the maintenance of peace, order and public safety and the social and economic betterment of the islanders.
(2) Without derogating from the generality of the provisions of the last preceding subsection the Council may make, amend or revoke regulations relating to-
(a) public health and keeping the Islands clean;
(b) town and country planning;
(c) the use and control of public property;
(d) public work and other public activities;
(e) plant and animal quarantine;
(f) the care and control of animals and wild life;
(g) the care of children and aged persons;
(h) the conservation of land, soil and food supplies;
(i) fishing and fishing rights:
(j) the prison;
(k) the registration, use, care and demarcation of land;
(l) the control of explosives and firearms;
(m) trading by and between islanders and visits to ships; and
(n) the appointment, powers and duties of such officers, boards and committees as the Council considers necessary for the efficient discharge of any of its duties or the implementation of any regulations made under the provisions of this or any other ordinance.
(3) All regulations made under the provisions of this ordinance shall be signed by the Mayor and by the Island Secretary and publicly notified by affixing copies thereof to the public notice board and shall come into force on the day of such notification.
(4) Copies of all regulations made under the provisions of this ordinance shall be sent forthwith to the Governor who may by order, to be publicly notified by affixing a copy of the same to the public notice board, alter, vary or revoke any such regulations.
(5) Any regulations made under the provisions of this ordinance may provide for the charging of fees in respect of anything to be done thereunder and the imposition of penalties for offences against any of such regulations which penalties shall not exceed a fine of one hundred dollars or imprisonment for any term not exceeding forty days for each such offence.
Incorporation of the Council.
8.—(1) The Council shall be a body corporate and by the name of the Island Council shall have perpetual succession and a common seal.
cap. 15
(2) The Council shall have power to hold land in accordance with the provisions of the Lands Court Ordinance, to enter into contracts which are necessary or incidental to the exercise of its powers under this or any other ordinance or which are for the benefit of the inhabitants of the islands and to sue and be sued, in contract or in tort or otherwise, in relation to any of the powers or duties conferred or imposed upon it by or under the provisions of this or any other ordinance:
Provided that the Governor may if he thinks fit vary or rescind any act or decision of the Council resulting in any financial expenditure or obligation.
(3) Service of any document on the Island Secretary shall be deemed to be service on the Council.
Internal Committee
9.—(1) There shall be a Committee to be known as the Internal Committee which shall consist of the Chairman, who shall preside over all meetings of the Committee, and such members, not being the holders of any other official office, as may from time to time be appointed by the Council with the approval of the Governor.
(2) It shall be the duty of the Committee to carry out the orders of the Council and to perform such duties as the Council may direct.
(3) The Committee shall meet in the first week of every month on a day to be fixed by the Chairman. Minutes of proceedings and a report on the work done during the preceding month shall be recorded by the Island Secretary and signed by the Chairman and shall be submitted monthly to the Council.
Chief Executive Officer, Island Secretary, and Government Treasurer.
10.—(1) The Mayor, in addition to his or her duties as Secretary, and President of the Council, shall be the chief executive officer of the Islands, and shall discharge such duties as may from time to time be assigned to him or her by the Governor.
(2) The Island Secretary shall, in addition to any other duties required to be performed by him under the provisions of this or any other ordinance
(a) prepare monthly copies of the minutes of all meetings of the Council and of the Committee for transmission through the Mayor to the Governor.
(b) undertake all official correspondence of the Council, the Mayor and the Committee and ensure that copies of all such correspondence are kept and properly filed in the archives of the Islands; and
(c) perform such other duties as the Governor or the Mayor may from time to time direct.
(3) The Government Treasurer shall keep the accounts of the Islands and perform such other duties as the Governor or the Mayor may from time to time direct.
(4) For the purposes of subsections (2) and (3) of this section directions given by the Mayor to the Island Secretary or to the Government Treasurer for the performance of any duties shall, to be valid, be not inconsistent with the provisions of this ordinance or the provisions or requirements of any other law.
PART III—ELECTION OF ISLAND OFFICERS
Interpretation
[10A. For the purposes of this Part
(a) the calculation of any qualifying period of continuous residence on Pitcairn Island shall exclude any absences from the Island for any cause of up to six months in any year;
(b) a person who was born away from Pitcairn Island to parents who were at the time normally resident on the Island and who returned with those parents or either of them during infancy and thereafter lived on the Island indefinitely shall be deemed to have been born there.
(c) Governor’s Representative means the person for the time being holding office as the representative of the Governor on the island.]
(Inserted by Ordinance No. 1 of 2004)
(Amended by Ordinance No. 7 of 2004)
Qualification of voters.
11. The following persons being of or over the age of eighteen years shall be qualified to vote—
(a) every person who was born on Pitcairn Island and who at the time of the elections is normally resident on the Island and intends to remain there indefinitely;
(b) every person who at the time of the elections is normally resident on the Island and has been so resident for a continuous period of not less than three years and intends to remain there indefinitely;
(c) the spouse of any person qualified to vote under paragraphs (a) or (b) who lives with that person on the Island as his or her spouse and has done so for a continuous period of not less than one year regardless of the nationality of such spouse;
(d) the de facto marital partner of any person qualified to vote under paragraph (a) or (b) who lives with that person on the Island as his or her partner and has done so for a continuous period of not less than two years regardless of the nationality of such partner.]
(Repealed and replaced by Ordinance No. 1 of 2004)
Preparation of Register of Voters.
12.—(1) The Island Secretary shall in the month of October in each year prepare a list of all persons qualified to vote which list shall be signed by the Mayor and a copy thereof shall be publicly notified by affixing a copy of the same to the public notice board between the first and seventh days of November in such year.
(2) Any person who desires to make any objection to anything contained in or omitted from any list publicly notified under the provisions of subsection (1) of this section may, not later than the tenth day of November in each year, give written notice of such objection to the Mayor who shall forthwith determine such objection. The decision of the Mayor upon such objection shall be final; and, if necessary, the list shall be amended in accordance therewith and the list as so amended shall be publicly notified by affixing a copy of the same on the public notice board not later than the fifteenth day of November in the year in which the objection is made.
(3) The list as prepared and publicly notified in accordance with the provisions of subsection (1) of this section and subject to any amendments publicly notified under the provisions of subsection (2) shall be called the Register of Voters and no person whose name does not appear in such Register shall be entitled to vote at any election held in that year.
Election day.
13.—(1) At a meeting to be held not later than the fifteenth day of November in each year the Council shall appoint a day between the first and fifteenth days of December inclusive of that year, to be known as election day, for the election of Island Officers, and at the same meeting shall appoint a time and place when and where the election of Island Officers is to take place on the election day so appointed. The day, time and place so appointed shall be publicly notified by affixing a notice thereof on the public notice board not less than ten days before the election day so appointed.
(2) The election in each year of Island Officers, other than the Mayor, shall take place on the election day appointed for that year.
(3) The election in each third year of the Mayor shall take place on the election day appointed for that year.
Qualification for election of Island Officers
[14. Only persons of or over the age of twenty-one years and whose names appear in the Register of Voters shall be eligible for election to the office of Councillor and those of or over the age of twenty-five years to the office of Mayor or Chairman of the Internal Committee:
Provided that no such persons, other than native born inhabitants of Pitcairn Island, shall be eligible for election
(a) to the office of Councillor unless they have resided on the Island for not less than three years;
cap.12
(b) to the office of Mayor or Chairman of the Internal Committee unless they have resided on the Island for not less than ten years following the grant of the status of permanent residence under section 4(2A) of the Immigration Ordinance or, in the case of native born inhabitants for not less than three years after returning to reside permanently on the Island.]
(Repealed and replaced by Ordinance No. 1 of 2004)
(Amended by Ordinance No. 7 of 2004)
Nomination of candidates.
15.—(1) All candidates for election to any elected office shall be nominated at a public meeting of persons whose names appear in the Register of Voters which meeting shall be called by the Mayor not less than seven days before the election day and shall be presided over by the Mayor.
[(1A) Any person qualified to be elected in accordance with the provisions of section 14 who at the time of the public meeting prescribed
by subsection (1) for the nomination of candidates is temporarily absent from the Island for an expected period of up to three months
shall be eligible for nomination and election provided that the person nominating that candidate produces to the Mayor at the meeting
the signed consent in writing of the candidate to his or her nomination, which may include a facsimile message with signature or
any message with signature in electronic form.]
(Inserted by Ordinance No. 1 of 2004)
(2) Any person whose name appears in the Register of Voters may nominate a candidate.
(3) The names of all candidates nominated for election shall be publicly notified on the public notice board not less than four days before the election day.
Elections.
16.—(1) Where only one candidate is nominated for election to the office of Mayor, such candidate shall be deemed to have been elected. Where more than one candidate is nominated for election to such office a poll shall be taken.
(2) Where only one candidate is nominated for election to the office of Chairman of the Internal Committee, such candidate shall be deemed to have been elected. Where more than one candidate is nominated for election to such office a poll shall be taken.
(3) Where only four candidates are nominated for election to the office of Councillor, such candidates shall be deemed to have been elected. Where more than four candidates are nominated for election to such office a poll shall be taken.
(4) The poll shall be taken on the election day at the time and place appointed under the provisions of section 13 of this ordinance.
(5) If a poll is to be taken for the election of any Island Officers in any year the Council shall, as soon as practicable after the public meeting held under the provisions of section 15 of this ordinance, appoint a suitable person, to be known as the Recorder to receive and record all votes tendered at such poll.
(6) Subject to the provisions of subsection (8) of this section, if a poll is to be taken for the election of any Island Officers in any year all persons whose names appear in the Register of Voters shall attend on the election day at the time and place appointed under the provisions of section 13 of this Ordinance and then and there tender their votes for all offices in respect of which a poll is taken by indicating in writing on the voting cards, prepared and then and there handed to them by the Recorder, the names of all candidates for whom they wish to vote.
(7) Subject to the provisions of subsection (8) of this section, no person shall be permitted to tender a vote for or on behalf of any other person.
(8)
(i) Any person whose name appears on the Register of Voters and who satisfies the Recorder that on account of ill health or infirmity he or she is precluded from attending at the time and place when and where the poll is to be taken may apply in writing under his or her signature for a voting card to be handed to such other person as he may in such application nominate for delivery to him.
(ii) On receipt of such application and being satisfied as aforesaid the Recorder shall on the day on which the poll is to be taken hand a voting card to the person nominated in the application.
(iii) On receipt of such voting card the person nominated by the applicant shall forthwith deliver the same to the applicant who shall there and then in the presence of the person nominated by him as aforesaid indicate in writing on the voting card the names of the candidates for whom he wishes to vote, fold the voting card so as to conceal his vote, seal the voting card in an envelope to be supplied by the Recorder, sign his or her name across the back of the envelope and hand the envelope to the person nominated by him or her as aforesaid for return to the Recorder.
(iv) On receipt of such sealed envelope from the applicant the person nominated by him or her shall forthwith return to the place where the poll is being taken and there in the presence of the Recorder shall open the sealed envelope, removing the voting card from the envelope, hand the empty envelope to the Recorder, and without unfolding the voting card, tender the voting card in the same way as he or she would his or her own voting card.
(9) Immediately after the completion of the voting the votes shall be counted by the Recorder.
(10) The Recorder shall as soon as practicable after all votes have been counted publicly notify the names of the persons elected or deemed to have been elected by announcing the same at the Courthouse and by affixing notice thereof on the public notice board.
Absentee voting
[17. Notwithstanding the provisions of section 16, any person temporarily away from the Island at the time of the election, who would if present be eligible to vote, may exercise his or her right as an absentee voter in accordance with the following conditions—
(a) it shall be the responsibility of any such person to obtain from the Island Secretary, the office of the Pitcairn Island Administration or the office of the Governor, the nomination list and voting paper issued seven days prior to the elections;
(b) any such person wishing to vote must attend at the office of the Pitcairn Island Administration or the Governor not less than two clear days prior to the election on the Island and complete the voting paper in the sight and presence of a public officer designated by the Governor for the purpose;
(c) every such public officer shall forthwith transmit full particulars of the vote to the Governor’s Representative on the Island who will hold the same in a sealed envelope until the election when, provided that the person is eligible to vote and the vote is not invalid, it will be included in the counting process by being tendered to the Recorder by the Governor’s Representative in the same manner as provided by paragraph (iv) of section _6(8) of this ordinance.]
(Inserted by Ordinance No. 1 of 2004)
Regulations 1966,
1968, 1976, 1981,
1983, (No2)1983,
1986, (No.2)1986,
1994.
CHAPTER XI
LOCAL GOVERNMENT
Section 7
LOCAL GOVERNMENT REGULATIONS
Made by the Island Council
Arrangement of parts
Part
I—Preliminary
A. Short title.
B. Interpretation.
C. Penalties.
II—Public Health and Town and Country Planning
A. Buildings.
B. Rubbish.
C. Water Supplies, Cisterns, Wells and Sanitary Conveniences.
D. Burials.
E. Quarantine and Powers of Medical Officer.
III—Plant and Animal Quarantine
IV—Animals and Wildlife
A. Control of Domestic Animals.
B. Care of Animals.
C. Wildlife. V—Public Work VI—Boats
A. Inter-Island Voyages.
B. General Use and Manning of Public Boats.
C. Maintenance of Public Boats.
D. Visits to Ships.
VII—Public Telephone
VIII—Public Electricity
IX—Prison
X—The Control of Firearms and Explosives
XI—Control of Traffic
LOCAL GOVERNMENT REGULATIONS
PART I—PRELIMINARY
A—SHORT TITLE
These Regulations may be cited as the Local Government Regulations.
B—INTERPRETATION
In these Regulations unless the context otherwise requires—
"ammunition" means ammunition for any firearm as hereinafter defined and includes bullets, cartridges and shells;
"animals" includes birds, reptiles, fish, insects and the eggs of birds, reptiles, fish and insects; "boat" means any long-boat, launch, canoe or other vessel normally owned on or kept at Pitcairn Island;
"building" means any roofed structure and includes any such structure at any stage of its erection whether the roof or any part thereof has been erected or not;
"child" means and includes any person under the age of 15 years;
"court" means the Magistrate’s Court"
"domestic animal" includes any cattle, sheep, goats, horses, pigs, dogs, cats or domestic poultry; "dwellinghouse" means any building designed, intended or used for human habitation;
"Education Officer" means the person for the time being holding the office of Education Officer on Pitcairn Island;
"firearm" means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged;
"Medical Officer" means the person for the time being holding the office of Medical Officer on Pitcairn Island;
"plants" includes trees, shrubs, plants or portions thereof such as logs, sawn timber, cuttings, buds, roots, tubers, bulbs, corms, seeds, fruit and vegetables;
"police officer" means any person from time to time appointed by the Governor to hold the public office of police officer and includes any person duly appointed as an assistant to such police officer;
"Quarantine Officer" means the person for the time being holding the office of Quarantine Officer on Pitcairn Island;
"Radio Officer" means the person for the time being holding the office of Radio Officer on Pitcairn sland;
"Sabbath Day" means the period between sunset on any Friday and sunset on the next succeeding Saturday;
"woman" means and includes any female person of or over the age of 15 years.
C—PENALTIES
Any person who contravenes any of the following regulations or fails to comply with any order lawfully made thereunder shall be guilty of an offence and liable on conviction, for the first offence to pay or suffer a penalty, not exceeding that specified therein, and for every second or subsequent offence to pay or suffer a penalty not exceeding double that so specified:
Provided that no such penalty shall exceed a fine of $_00 or imprisonment for a period of 40 days.
PART II—PUBLIC HEALTH AND TOWN AND COUNTRY PLANNING
A—BUILDINGS
1. No person shall erect any building or add to or alter any existing building without the permission of the Council which shall satisfy itself that the site and plans are suitable to the purpose for which the building is intended to be used. Penalty: $20.
2 In addition to any penalty imposed for any contravention of the last preceding regulation the Court may, on the application of the Council, make such order as it sees fit for the removal or alteration, within such time as the Court may direct, of any building erected, altered or added to in contravention of that regulation. Penalty: $50.
3. The owner or occupier of every building (other than an unoccupied temporary building situated more than _0 yards from any dwellinghouse, public road, building or cemetery) shall keep such building in good repair. Penalty: $20.
4. In addition to any penalty imposed for any contravention of the last preceding regulation the Court may, on the application of the Council, order the owner or occupier of any building in a state of disrepair to repair, within such time as the Court may direct, such building to the satisfaction of the Council:
Provided that if such building—
(a) should, in the opinion of the Medical Officer, be demolished as being a danger to public health; or
(b) has been unoccupied for a period of 12 months or longer and the owner cannot be located within one month after the making of such order to repair,
the Court may order that such building be demolished and that all material obtained therefrom be disposed of in such manner as the Court may direct. Penalty: $50.
B—RUBBISH
1. No person shall throw or deposit any rubbish in any public place or on any public road. Penalty: $10.
2. All rubbish shall be buried, burnt or otherwise disposed of in a sanitary manner. Penalty: $10.
3. At the request of the Medical Officer the Council may order the owner, occupier or user of any land to clear such land within such time as the Council may direct of all bush or rubbish likely, in the opinion of the Medical Officer, to encourage the breeding of mosquitoes, flies or rats. Penalty: $20.
4. No person, being the occupier of any dwellinghouse shall permit mosquito larvae to remain within the precincts of such dwellinghouse. Penalty: $10.
5. The Council may, at the request of the Medical Officer, order the occupier of any dwellinghouse to take such steps as the Council may direct to prevent the breeding of mosquitoes within the precincts of such dwellinghouse. Penalty: $20.
C—WATER SUPPLIES, CISTERNS, WELLS AND SANITARY CONVENIENCES
1. No person shall construct or dig any cistern or well without first obtaining the permission of the Council. Penalty: $10.
2. In addition to any penalty which may be imposed for contravention of the last preceding regulation the Court may, on the application of the Council, order the destruction or filling in, within such time as the Court may direct, of any cistern or well constructed or dug in contravention of that regulation. Penalty: $50.
3. At the request of the Medical Officer, the Council may order the owner or user of any cistern or well to destroy or fill in such cistern or well if, in the opinion of the Medical Officer, such cistern or well constitutes a danger to public health. Penalty: $20.
4. No person shall misuse or waste any water in any public cistern or well. Penalty: $10.
5. No person shall pollute any public cistern, well or bathing place. Penalty: $10.
6. The owner or user of every cistern or well shall keep such cistern or well walled or fenced, covered and clean. Penalty: $10.
7. The Council may order the owner or user of any cistern or well to take such steps within such time as the Council may direct to ensure that the provisions of the last preceding regulation are complied with. Penalty: $20.
8. No person shall defaecate or urinate within 10 yards of any building, cistern, well or public road, other than in a latrine or urinal approved by the Council. Penalty: $10.
9. The owner or occupier of every dwellinghouse shall ensure that such dwellinghouse is provided with a latrine approved by the Medical Officer. Penalty: $10.
D—BURIALS
1. No person shall, without the permission in writing of the Council, bury any dead person in any place other than in a public cemetery approved by the Council. Penalty: $50.
2. No permission granted under the provisions of the last preceding regulation shall authorize any burial to take place within 50 yards of any inhabited dwellinghouse.
E—QUARANTINE AND POWERS OF MEDICAL OFFICER
1. The Medical Officer, may in the reasonable exercise of his duties, at all such times as he may think fit, enter any building or property whatsoever for the purpose of ensuring that the provisions of these Regulations, or of any other Ordinance or Regulations relating to public health, are being complied with, and no person shall obstruct or prevent or attempt to prevent the Medical Officer from entering any building or property for such purpose. Penalty: $50.
2. The Council may, on the recommendation of the Medical Officer, direct the general quarantine of any of the Islands and shall forthwith inform the Governor of such quarantine order.
3. No person shall enter or leave any Island in respect of which a general quarantine order has been made under the provisions of the last preceding regulation. Penalty: $50.
4. No person shall board any ship or aircraft after having been warned by the master or any medical officer thereof or by the Mayor not to do so because of any sickness thereon. Penalty: $50.
PART III—PLANT AND ANIMAL QUARANTINE
(Revoked by Ordinance No. 3 of 2004)
PART IV—ANIMALS AND WILD LIFE
A—CONTROL OF DOMESTIC ANIMALS
1. No goats may be kept on the Islands of Henderson, Ducie or Oeno. Penalty: $100 or 40 days’ imprisonment.
2. No goats may be kept on Pitcairn Island except by registered goat owners in such parts of the Island as the Council may from time to time appoint. Penalty: $20.
3. Upon the application of any person, the Council may cause such person to be registered as a goat owner subject to such conditions not inconsistent with the provisions of this Part of these Regulations as the Council sees fit to impose.
4. All goats kept on Pitcairn Island under the provisions of this Part of these Regulations shall be confined within fences or tethered so as to prevent them from straying and any goats not so confined or tethered shall be deemed to be wild goats.
5. No goat suffering from the disease known as "Big Bubby" shall be kept on Pitcairn Island. Penalty: $20.
6. In addition to any penalty imposed for any contravention of the last preceding regulation, the Court may order that any goat suffering from the disease known as "Big Bubby" be destroyed and the carcass disposed of in such manner as the Court may direct. Penalty: $50.
7. All domestic poultry shall be confined within fences or pens adequate to prevent them from straying:
Provided that, on the application of any person, the Council may exempt such person from the provisions of this regulation if in the opinion of the Council any poultry kept by such person are kept far enough away from any dwellings or gardens as to be unlikely to cause any nuisance or damage. Penalty: $20.
8. All other domestic animals, with the exception of dogs and cats, shall be confined within fences or tethered so as to prevent them from straying. Penalty: $20.
9. The owner or keeper of any dog shall keep such dog under control at all times so as to prevent such dog from rushing at, attacking or injuring any person in any public place or on any land other than the land of the owner or keeper of such dog. Penalty: $20.
10. In addition to any penalty imposed under the provisions of the last preceding regulation, the Court may, on the application of any person, order that any dog which has bitten any person, or has been the subject of more than one conviction under the provisions of the last preceding regulation, be destroyed in such manner as the Court may direct. Penalty: $50.
11. Without prejudice to the right to compensation conferred by the provisions of the next succeeding regulation, if any domestic animal causes damage to any property or crops growing on any land in the possession or occupation of any person, such person may request the owner or keeper of any such animal to remove it forthwith and, if such request is not complied with within a reasonable time, may kill such animal provided that he or she forthwith delivers the carcass to such owner or keeper.
12. In addition to any penalty imposed under the provisions of this Part of these Regulations, the Court may, on the application of any person, who has suffered damage, order the owner or keeper of any domestic animal to replace in kind or to pay compensation for any damage done by such animal whilst straying.
B—CARE OF ANIMALS
1. No person shall cruelly ill-treat any animal or cause or procure, or, being the owner or keeper of any animal, permit or suffer any animal to be cruelly ill-treated. Penalty: $100 or 40 days’ imprisonment.
2. No person, being the owner or keeper of any domestic or captive animal, shall fail to provide such animal with proper and sufficient food, drink or shelter. Penalty: $20.
3. No person shall keep any domestic or captive animal which is in such a condition that it is cruel to keep it alive. Penalty: $20.
4. In addition to any penalty imposed under the provisions of the last preceding regulation, the Court may order any such animal to be destroyed in such manner as the Court may direct. Penalty: $50.
5. No person shall keep any animal chained or tethered upon an unreasonably short chain or rope for an unreasonable time or use wire to tether any animal. Penalty: $50.
C—WILD LIFE
1. No person shall kill, take or in any way molest any wild bird or take any eggs of any wild bird except in accordance with the provisions of these Regulations. Penalty: $50.
2. The provisions of the last preceding regulation shall not apply to the Hawk (Fregata minor) or its eggs, except during the months of August to December inclusive, or to the Noddy (Anous stolidus pileatus) or its eggs, except during the months of August to January inclusive.
3 Notwithstanding the provisions of the last two preceding regulations, the Council may appoint a committee of its members, to be known as the Wild Bird Protection Committee, which committee shall have authority to declare that all or any of the following birds or their eggs, namely—
All species of Petrel (Pterodroma);
All species of Noddy (Anous stolidus pileatus);
All species of Booby (Sula);
Bosun Bird (Phaeton rubicauda subsp.);
The Hawk (Fregata minor),
may be killed or taken on Oeno Island, and may-
(a) limit the numbers of all such birds or their eggs that may be killed or taken by any one person;
(b) restrict the times during which any such birds or their eggs may be killed or taken; or
(c) restrict the areas within which any such birds or their eggs may be killed or taken.
4. The Council may, with the prior approval of the Governor, wholly or partially exempt any person or persons from any of the provisions of the three last preceding regulations.
5. No person shall take, hunt, fish, capture, harass or intentionally kill, or attempt to take, hunt, fish, capture, harass or kill, any member of the following species—
blue whale (balaenoptera masculus)
humpback whale (megaptera novaeangliae)
right whale (eubalaena glacialis)
short-tailed albatross (diomedea albatrus)
cahow (pterodroma cahow)
dark-rumped petrel (pterodroma phaeopygia)
green sea turtle and related species (cheloniidae)
leather back sea turtle (dermochelys coriacea)
hawksbill turtle (eretmochelys imbricata)
loggerhead turtle (caretta caretta)
Ridley turtle (lepidochalys olivacea)
Penalty: $50.
6. Notwithstanding the provisions of Regulation 5, the Council may appoint a committee of its members, to be known as the Conservation of Migratory Species of Wild Animals Committee which shall have power to authorise any person in a manner not inconsistent with the welfare of the species concerned and to the extent of such number of members of the species and the area and times within which such authorisation shall have effect, as shall be specified therein, to take, hunt, fish, capture, harass or kill any members of any species referred to in Regulation 5—
(a) for scientific purposes;
(b) for the purpose of enhancing the propagation or survival of the species concerned;
(c) in order to accommodate the needs of traditional subsistence users of the species concerned; or
(d) as required by extraordinary circumstances, and where any such authorisation has been duly given by the Committee, the person to whom it has been given shall not by reason of any act committed in pursuance thereof be guilty of any offence under Regulation 5.
7. The Committee constituted under Regulation 6 shall be responsible for the implementation within the Islands of the Convention on the Conservation of Migratory Species of Wild Animals as the same shall be applied to Pitcairn.
PART V—PUBLIC WORK
1. The Council may declare any work or services for the common benefit of the inhabitants of Pitcairn Island to be public work:
Provided that no work or services for which financial provisions is made in the annual estimates of the Islands shall be declared public work.
2. The Council shall be responsible for the planning and general supervision of all public work and the Internal Committee shall be responsible for the carrying out of all public work in accordance with the directions of the Council.
3. The Chairman may appoint any person liable to perform public work to supervise or inspect any public work on behalf of the Internal Committee.
4. Every inhabitant of Pitcairn Island who has attained the age of 15 years and has not attained the age of 65 years shall be liable to perform public work without payment at such times and on such days as the Council may direct:
Provided that the following persons shall be exempt from the performance of public work—
(a) the Mayor;
(b) any person in fulltime attendance as a student at the public school or undertaking fulltime study by correspondence;
(c) the Education Officer and his fulltime assistants;
(d) any pastor or minister of religion;
(e) any person whom the Medical Officer certifies to be temporarily or permanently unfit for work on account of illness or incapacity;
(f) any person exempted by the Governor or the Council from the performance of public work: And further provided that no person not exempted from the performance of public work under this Regulation shall be required to perform any physical work for which he or she would not be suited.
5. All persons liable to perform public work shall assemble in the Public Square, or other such place as may from time to time be appointed by the Chairman, within 30 minutes after the public bell has been rung 3 times.
6. No person liable to perform public work shall, without lawful excuse
(a) fail to attend at the time and place appointed in or under the last preceding regulation;
(b) fail to perform any public work assigned to him; or
(c) perform any such work negligently or carelessly. Penalty: $50.
7. No person shall, without lawful excuse, in any way interfere with persons performing public work or hinder them in the performance of such work. Penalty: $50.
PART VI—BOATS
A—INTER-ISLAND VOYAGES
1. No boat shall be used for the purpose of travelling between Pitcairn Island and any other of the Islands without the approval of the Council which, before granting any such approval, shall satisfy itself that such boat is in a seaworthy condition, adequately manned and provided with sufficient serviceable lifesaving equipment which shall consist of not less than—
(a) one lifejacket for each occupant of such boat;
(b) one lifeboat compass;
(c) one electric lantern with spare battery or one oil lantern with filled oil container;
(d) one lifeboat sea anchor; and
(e) six lifeboat smoke signals or flares:
Provided that in the discretion of the Council such smoke signals or flares may be dispensed with in cases of emergency when there are insufficient or no such smoke signals or flares available on Pitcairn Island.
2. In addition to the lifesaving equipment required under the provisions of the last preceding regulation, the Council may require any boat travelling from Pitcairn Island to any other Island to carry a serviceable radio transceiver and prescribe the times at which such boat is to communicate with the Pitcairn Island radio station.
3. No person shall travel between Pitcairn Island and any other of the Islands in any boat either as captain, crew member or passenger except in accordance with the foregoing provisions of this Part of these Regulations. Penalty: $50.
B—GENERAL USE AND MANNING OF PUBLIC BOATS
1. The Council shall appoint a captain and crew for each public boat.
2. The captain of each public boat shall be responsible—
(a) for its navigation, working and safety when on the water, and may refuse to take any person or cargo into such boat unless he considers it safe to do so; and
(b) for the landing and discharge of passengers and cargo on to and from such boat.
3 The captain of a public boat shall detail one or more members of the crew in rotation to be responsible for the care of such boat whilst lying alongside any other boat or any ship.
4. No person shall use any public boat without the permission of the Chairman and of the captain of such boat. Penalty: $50.
5. No member of the crew of any public boat shall disobey any lawful order given by the captain thereof or perform any work assigned to him by such captain negligently or carelessly. Penalty: $20.
6. No person being a passenger in any public boat, shall disobey any lawful order given by the captain thereof. Penalty: $20.
C—MAINTENANCE OF PUBLIC BOATS
1. The captain of each long-boat shall be responsible for all minor repairs to and maintenance of such boat.
2. Subject to the provisions of the last preceding regulation, all repairs to and maintenance of public boats shall be carried out by such persons as the Council may from time to time appoint for that purpose, and whenever any such boat requires repairs the captain thereof shall report that fact to the Chairman informing him of the nature of the repairs required.
D—VISITS TO SHIPS
1. . No woman or child shall visit any overseas ship calling at Pitcairn Island, except in accordance with the provisions of this Part of these Regulations. Penalty: $10.
2. Subject to the provisions of this Part of these Regulations, every adult resident of Pitcairn Island shall be entitled to visit any overseas ship calling at Pitcairn Island:
Provided that no woman shall visit any such ship, other than a passenger ship, without the general or special permission of the Council.—
3. No child may visit any overseas ship calling at Pitcairn Island:
Provided that-
(a) males of the age of 13 and 14 years may, with the consent of the Mayor, visit any such ship at any time outside school hours for the purpose of instruction in the manning of the public boats; and
(b) with the approval of the Mayor and of the captain of any public boat, any child may visit any such ship in such boat.
4. Notwithstanding any of the provisions of the foregoing regulations in this Part of these Regulations, any person may, with the permission of the Mayor given on the written recommendation of the Medical Officer, visit any overseas ship for the purpose of obtaining medical advice or attention.
5. The parents or guardian of any child shall be responsible for the observance of the provisions of this Part of these Regulations by such child and shall be liable to pay any penalty imposed for any contravention thereof by such child.
6. The captain of each public boat shall not permit any woman or child to enter his boat except in accordance with the provisions of this Part of these Regulations. Penalty: $5.
PART VII—PUBLIC TELEPHONE
1. No connection may be made to any public telephone line except with the prior approval of the Council which may also, in its discretion, order a disconnection. Penalty: $10.
2. No person, other than a person approved by the Council for that purpose, shall effect any connection or carry out any maintenance to any public telephone line.
3. The Council shall allot a call signal for each connection to every public telephone line.
4. Any person wishing to convey information of general interest to all persons having connection to any public telephone line may give one sustained ring, in which case all persons having connection to such telephone line may listen in.
5. Except as provided in the last preceding regulation, no person shall listen to any conversation on any public telephone line other than a call made to his or her own connection. Penalty: $10.
PART VIII—PUBLIC ELECTRICITY
1. No connection may be made to any public electricity supply except with the prior approval of the Council. Penalty: $10.
2. The Council shall not approve any connection to the school electricity supply without the prior consent of the Education Officer, or any connection to the radio station electricity supply without the prior consent of the Radio Officer.
3. The Council may refuse its approval to the connection of any building to any public electricity supply or order the disconnection of any building from any such supply if, in the opinion of the Council—
(a) such building is not suitably constructed or is unsound;
(b such connection is likely to endanger the supply of electricity to, or the safety of, other buildings on the same circuit, or the safety of such circuit; or
(c) insufficient generating capacity is available.
4. No person, other than a person authorized by the Chairman, shall effect any connection to, or carry out any maintenance on, any public electricity supply. Penalty: $20.
5. No person shall—
(a) use any electrical appliance connected to any public electricity supply after having been warned not to do so by the Chairman or by any person authorized by him in that behalf; or
(b) use any electricity from any public electricity supply in such a manner as to interfere with the efficiency of such supply. Penalty: $20.
6. The Chairman or any person duly authorized by him in that behalf may, at all reasonable times as he or she may think fit, enter any building connected to any public electricity supply for the purpose of inspecting or testing any electrical installation therein, and no person shall obstruct or prevent or attempt to prevent him from entering any such building for that purpose. Penalty: $50.
7. Charges for the supply of electricity from any public electricity supply shall be such as may be prescribed by the Council from time to time and shall be paid monthly.
PART IX
(Revoked by Prisons Regulations 2003)
PART X
(Revoked by Firearms (Control) Regulations 2003)
PART XI—CONTROL OF TRAFFIC
1. In this Part of these Regulations, unless the context otherwise requires—
"driver" means the driver of a vehicle and includes the rider of a motor cycle or power cycle; and also includes a person in charge of a vehicle which is being towed; and "drive" has a corresponding meaning;
"intersection" means the area within the prolongation of the lateral boundary lines of each of two or more intersecting or meeting roads;
"motor cycle" means a motor vehicle the net weight of which does not exceed eight hundredweight, designed to travel on not more than three wheels;
"motor vehicle" means any vehicle propelled by mechanical power and constructed for use on roads, and includes a trailer attached to or towed by any such vehicle;
"vehicle" means any contrivance equipped with wheels, runners or tracks upon which it moves or is moved and includes a bicycle and a wheelbarrow but does not include a push-cart, perambulator, mowing machine or any other contrivance operated or controlled by a pedestrian, whether or not such contrivance is power driven.
2. No person shall drive a motor vehicle of any class upon any road or in any other place to which the public have access unless he is the holder of a driving licence valid in respect of such class of vehicle and issued under the provisions of this Part of these Regulations, or, being the owner of or having charge of any motor vehicle of any class, permit any other person to drive such vehicle on any road unless such other person is the holder of such a driving licence. Penalty: $50.
3. Every person wishing to drive any class of motor vehicle on any road or in any other place to which the public have access shall apply to the police officer for a licence to drive such class of motor vehicle and the police officer may, subject to any directions of the Council, if he or she is satisfied that such person is—
(a) over the age of 15 years;
(b) not suffering from any disease or physical disability which would be likely to cause the driving by him or her of any motor vehicle of such class to be a source of danger to the public;
(c) competent to drive a motor vehicle of that class; and
(d) not disqualified from holding or obtaining a driving licence by an order made under the provisions of these Regulations;
issue such a person with a driving licence to drive motor vehicles of such class as may be specified in such licence.
(Amended by Regulations 16.06.04)
3A. Notwithstanding the foregoing provisions of this Part of these Regulations, the police officer may issue a permit for any period not exceeding three months to any person over the age of 15 years for the purpose of learning to drive a motor vehicle, subject to the conditions that the learner shall not drive any motor vehicle during the currency of such permit—
(a) unless he or she is directly instructed and supervised by a person of the age of eighteen years or more who has been licensed as a driver for not less than twelve months;
(b) otherwise than within an area specifically designated from time to time for the purpose of driving instruction by the Council.
Such permit shall during its currency be deemed to be a valid driving licence for the purpose of Regulation 2 of this Part. [4.—(1) Every driving licence issued under the provisions of these regulations shall be valid
(a) in the case of every permanent resident of the Islands, upon payment of the sum of twenty-five dollars ($25.00), for the remainder of his or her lifetime;
(b) in the case of any other person, upon payment of the sum of ten dollars ($10.00), until the 31st day of March in the next following year;
in either case, unless withdrawn or cancelled for any cause under any provision of these regulations.
(2) Upon the commencement of this regulation, no refund of any part of any driving licence fee already paid shall become due.
(3) This regulation shall have application with effect from the 1st day of April 2004.]
(Revoked and replaced by Regulations 16.06.04)
5. No person shall drive or ride any vehicle other than a wheelbarrow on any road or in any other place to which the public have access at any time between sunset and sunrise unless such vehicle is equipped
(a) in the case of a motor vehicle, other than a motor cycle, with not less than two headlamps of approximately equal candle power, placed on such vehicle in such a manner that they direct a beam of light in front of the vehicle sufficient to illuminate clearly the road ahead for at least fifty yards; and
(b) in the case of any other vehicle, other than a wheelbarrow, with one headlamp placed on such vehicle in such a manner as to direct a beam of light ahead of the vehicle of sufficient brilliance to be visible under normal atmospheric conditions for a distance of at least three hundred feet and, in the case of a motor cycle, to illuminate clearly the road ahead for at least fifty yards. Penalty: $20.
6. No person shall drive or ride any vehicle other than a wheelbarrow at any time between sunset and sunrise on any road or in any other place to which the public have access unless such vehicle is carrying not less than one lamp showing a red light to the rear, of such intensity as to indicate clearly within a reasonable distance its presence on the road to other traffic approaching from behind. Penalty: $20.
7. No person shall drive or ride any vehicle other than a wheelbarrow on any road or in any other place to which the public have access unless such vehicle is equipped with an instrument capable of giving audible and sufficient warning of its approach or position. Penalty: $20.
8. No person shall drive or ride any vehicle on any road or in any other place to which the public have access, unless—
(a) such vehicle is so constructed or designed that the driver or rider thereof, while controlling the vehicle, can have a full view of the road and traffic ahead; and
(b) if such vehicle is equipped with a windscreen, such windscreen is of safety glass and the vehicle is equipped with an efficient mechanically operated windscreen wiper to prevent interference with the driver’s vision by weather conditions. Penalty: $20.
9.—(1) No person shall drive any motor vehicle on any road or in any other place to which the public have access unless such vehicle is equipped with an efficient braking system so constructed and maintained as to bring the vehicle to a stop in a distance of twenty-five feet when running at the rate of twenty miles an hour on level ground. Penalty: $20.
(2) No person shall ride any bicycle on any road or in any other place to which the public have access unless it is equipped with at least one efficient brake attached thereto and operating on the rear wheel. Penalty: $20.
10. The load carried by any vehicle shall be so secured that danger is not likely to be caused to any person on a road or in any other place to which the public have access by reason of the load or any part thereof falling from the vehicle. Penalty: $20.
11. Every part of every braking system and all of the means of operation thereof, all steering gear, all lights, every windscreen wiper and all tyres fitted to a vehicle shall at all times while such vehicle is used on a road or in any other place to which the public have access be maintained in good and efficient order and in such condition as to be free from any defect which might cause danger to any person. Penalty: $20.
12. No person while driving or riding any vehicle shall be in such a position that he or she cannot have proper control over the vehicle or that he cannot retain a full view of the road and traffic ahead. Penalty: $20.
13.—(1) No person having charge of any vehicle, whether as owner, driver, rider or otherwise shall cause or permit such vehicle to stand on a road so as to cause any unnecessary obstruction thereof. Penalty: $20.
(2) Every person being the driver or rider of any vehicle shall, on leaving such vehicle stationary in any road, park such vehicle as far to the left of such road as is practicable. Penalty: $20.
14. No person shall, except in the case of a vehicle actually engaged in the construction, maintenance or repair of any road, cause any vehicle to travel backwards for a greater distance or time than is necessary for the safety or reasonable convenience of the occupants of that vehicle or of other traffic on the road. Penalty: $20.
15.—(1) The Island Council shall from time to time by order in writing prescribe the number of persons (whether adults or children) who may be carried as passengers at one time on any motor-cycle or other powered two-wheeled vehicle and in what manner such passengers shall be seated or secured thereon. Penalty $20.
(2) Not more than one person shall at any one time ride or be carried on any bicycle. Penalty: $10.
16. No person shall ride, or being the owner or having charge of any vehicle permit any other person to ride, in any insecure position on any vehicle whilst such vehicle is in motion on a road or in any other place to which the public have access. Penalty: $20.
17. Subject to the provisions of regulation 18, every vehicle shall be driven or ridden as close to the left side of the road as is practicable. Penalty: $20.
18. Every vehicle overtaking another vehicle shall be kept to the right-hand side of such vehicle except when the driver or rider of the vehicle being overtaken has signified the intention of turning to the right and has taken up a position on the road leaving ample room for overtaking vehicles to pass on left-hand side. Penalty: $20.
19. Subject to the provisions of the next succeeding regulation—
(a) every vehicle meeting any other vehicle or any pedestrian or animal in any road or in any other place to which the public have access shall, where necessary to allow safe passage for any reason, slow down and the driver or rider of an unladen vehicle shall give the right of way to any laden vehicle in such circumstances; and
(b) vehicles descending a hill shall where necessary give the right of way to ascending vehicles. Penalty: $20.
20. The driver or rider of any vehicle approaching or crossing an intersection shall give the right of way to any other vehicle approaching or crossing the intersection on his or her right and to any pedestrian crossing the intersection from his or her right and, if necessary, shall stop the vehicle. Penalty: $20.
21. Where for any reason any vehicle is proceeding at a slow rate of speed which is causing obstruction to other traffic, the driver or rider of such vehicle shall keep as close as practicable to the left-hand side and permit other vehicles to overtake him. Penalty: $10.
22. No person shall drive or ride any vehicle on any road or in any other place to which the public have access without due care and attention or without reasonable consideration for other persons using such road or place. Penalty: $50.
23.—(1) No person shall drive any motor vehicle on a road or in any other place to which the public have access at a speed greater than 30 miles per hour.
(2) No person shall drive any motor vehicle on a road or in any other place to which the public have access 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 such road or place and the amount of traffic which is actually at the time or which might reasonably be expected to be on or in such road or place. Penalty: $100 or 40 days’ imprisonment
24. On the conviction of any person under the provisions of regulation 23, the Court may, in addition to any penalty imposed under that regulation, order that the person convicted be disqualified from holding or obtaining a driving licence, either absolutely or in respect of any particular class or description of motor vehicles, for such period as the Court shall think fit:
Provided that—
(a) such period of disqualification shall not, in the case of a first conviction for any such offence, exceed a period of two years; and
(b) any person disqualified under the provisions of this regulation, at any time after the expiration of six months from the date of such order of disqualification, may apply to the Council for removal of the disqualification, and the Council may as it thinks proper, having regard to the character of the person disqualified and his or her conduct subsequent to the making of such order, the nature of the offence and any other circumstances of the case, either by order remove the disqualification as from such date as the Council may direct or refuse the application.
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/pn/legis/hist_act/lgo2001re284