Local Government Regulations

1200! Ed. Local Govertunem CHAPTER XI LOCAL GOVERNMENT Section 7 CAP.l !1 Rl'j.(ulaUolis 1966. 1968 .1 976.1981. 1983. (No.2) 1983. 1986 . (NlI.2) 1986 . 1994. LO CAL GOVERNMENT REGULATIONS Made by the Island CounciJ Arrangement of parts Pall I- Preliminary A. Short title. B. Interpretation. C. Penalties. II-Public Health and Town and Country Planning A. Buildings. B. Rubbish. C. Wa ter S upplies . Cls tems, Wells and Sanitary Co nve niences . D. Burials. E. Quarantineand Powers of Medical Offlcer, III-Plant and Animal Quarantine IV- Animals and Wildlife A. Control of Domestic Animals. B. Care of Animals. C. Wild life. V Public Worh VI- Boats A. Inter-Island Voyages. B. Ceneral Use and Manning 01 Pu blic Hoats, C. Maintenance of Public Boats. D. Visits to Ships. VII- Public Telephone VIII-Puhlic Electricity IX -Prison X-The Control of Firearms and Explosives XI- ControlofTramc 208 ICAP.II Local Govertnnent LOCAL GOVERNMENT REGULATIONS PART I-PRELIMINARY 2001Ed.1 A-S han tide These Regulations may be cited as the Local Government Regulations. B- i nterpret/uinn 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 vesse l 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 rouf or any pan 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 catt le, 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 letha l barrelled weapon of any description from which any shot, bullet or other missile can be discharged: "Merl lr-a l Offlr-ar" means the ppr~()n for fhp limp hpinp, 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 209 12001 Ed. Local Government CAP.I II Pitcairn Island; "Radio Offlcer" means the person for the time being holding the office of Radio Officer on Pitcairn Island; "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-penAllieS Any person who contravenesany 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 payor suffer a penalty. not exceeding that specified therein. and for every second or subsequent offence to payor suffer a penalty not exceeding doubl e that so speclfled: Provided that no such penalty shall exceed a fine of $100 or imprisonment for a period of 40 days. PART II-PUBLIC HEALTH AND TOWN AND COUNTRY PLANNING A - BulldlngS 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 tu the J-IUlJ-Iose for which the buildlng is intended to he 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 10yards from any dwelllnghouse. 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 appliratirm nfthe Cnunr- ll, nrll er the nwn er nr nr rllpier nf 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; 210 ICAP.!! Local Govertunem 2001 Ed.1 Provided that if such bUilding (a) should, in the opinion of the Medical Office r, be demolished as being a danger to public health; or (b) has been unoccupied lor 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-r uBBiSh 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 maydirect to prevent the breeding 01" mosquitoes within the precincts of such dwellinghouse. Penalty: $20. c- wAter S U JJ lJ lJ ~S , C ISwl'll S . Weus AmI S AllllAI'Y C onvenienCeS 1. No person shall construct or dig any cistern or well without first obtaining the permission of the Council. Penalty: $10. ?. In addlrlnn tn any ppnahy which may hp impnsprl for contravention of the last preceding regulation the Court may, on the application of the Council, order the destruction or filli ng 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 Counci l 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 Office r, such cistern UI well coustitutes a danger tu public health. Penalty: $20. 4. No person shall misuse or waste any water in any public 21 ! 12001 Ed. Local Governntent CAP.I II ctstern 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 dwellinphouse is provided with a latrine approved by the Medical Officer. Penalty: $10. d-B "r iAlS I. 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-Q uArAntinc And p ewes of M ediCAl 0 fTiCcr I. The Medical Office r. 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 pruvlsiuns uf these Regulauuns , or uf any uther 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. 212 ICAP.!! Local Govenunem 2001 Ed.1 PART III-PLANT AND ANIMAL QUARANTINE (Revoked by Ordinance No.3 of 2004) PART IV-ANIMALS AND WILD LIFE A- Colltrol 01 d oMcSllC A IlIMAIS 1. No goats may be kept on the Islands of Henderson . Ducie or Oeno. Penalty: $100 or 40 days ' imprisonment. 2. No p,OHts may he kept on Pitcairn Island except hy 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 confi ned 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 stray ing. 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. 213 12001 Ed. Local Government CAP.II I 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. 1I. Without prejud ice 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 rnrnplled with within a reasonable time, may kill SIIr.h 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 com pensat ion for any damage done by such animal whilst straying. B-C Are of A niMAfS I. No person shall cruelly ill-treat any animal or cause or procure, or, beIng the owner or keeper of any anlmal , 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 l ife I. No person shall kill , take or in any way molest any wild bird or take any eggs of any wild bird except in acco rdance with the provisions of these Regulations. Penalty: $50. 2. The provisions of the last preceding regulation shall not apply to the Hawk ( Freget« minot) or its eggs, except during 214 ICAP.ll Local Government 2001 Ed.1 the months of August to Decemher Inclusive , or to the Noddy (Anous stolidus pi/eatus) 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 ( Anousstolidus pi/eatus ); All species of Booby ( Sula) ; Bosun Rire! ( Phaeton rubirnndn suhsp.): The Hawk ( Fre/?ata 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 anyone 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 musculus ) humpback whale ( megepters noveeengliee ) right whale ( eubalaena /?lacialis ) short-tailed albatross ( diomedea albatrus ) cahow i oterodrome cehow) dark-rumped petrel ( pterodroma pluieopygi« ) green sea turtle and related species ( cheloniidae) leather back sea turtle ( dermochelys corincen ) hawksbill turtle ( eretmochelys imbricata ) loggerhead turtle ( caretta caretta) Ridley turtle (IepidochaIys 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 authori sation 215 12001 Ed. Local Government CAP.I II 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 he Ruilty 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 I. The Council may declare any work or services for the common benefit of the inhabitants of Pitcairn Island to be publ ic 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 lu perform public work withuul 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 rulltime study by correspondence: (c) the Education Officer and his fulltime assistants: (d) any pastor or minister of religion: (e) any person whom the Medical Ofl1ce r certifies to be temporarily or permanently unfit for work on 216 ICAP.ll Local Government 2001 Ed.1 accountof Illness or Incapacity; (I) any person exempted by the Governor or the Council from the performance of public work: And further provided tbat no person nOI exempted from the performance of public work under this Regulation shall be required to perform any physical work lor which he or she would not be suited. 5. All persons liable to perform publ ic 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 prl'cl'clinp, rl'p,ulation ; (b) fail to performany public work assigned to him; or (c) performany 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- i Iller -i SIAnd V oyAgeS I. 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) nne lifeiacket for each occupantof such hoat; (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 smokesignals or nares: Provided that in the discretion of the Counci l such smoke signals or nares may be dispensed with in cases of emergency when there are insufficient or no such smoke signals or nares 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 217 12001 Ed. Local Government CAP.I II the Pitcairn Island radio station. 3. No person shall travel between Pitcairn Island and any other of the Islands in any boateither as captain, crew member or passenger except In accordance with the foregoing provisions of this Part of these Regulations. Penalty: $50. B-g onorA l U Sc And M Anning of puBliC B oAtS I. 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 publ ic boat shall detail one or more members of the crew in rotation to he respon sible 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 publ ic boat. shall disobey any lawful order given by the captain thereof. Penalty: $20. C- M AinlenAnCe of p uauc B oAtS I. The captain of each long-boat shall be responsible for all mlnor repairs Lu and maintenance uf such IJUaL 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- v iSitS to ShipS I. 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 218 ICAP.ll Local Govertunem 2001 Ed.1 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. Nntw ithsta nd ing any of the provisions of the forpp,oinp, 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 hy 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. 219 12001 Ed. Local Government CAP.I II PART VIII-PUBLIC ELECTRICITY I. 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 radiostation 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 ellect 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 effi ciency of such supply. Penalty: $20. 6. The Chairman or any person duly authorized by him in that beha lf 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. PARTIX (Revoked by Prisons Regulations 2003) 220 ICAP.!! Local Government 2001 Ed.1 PART X (Revoked by Firearms (Control) Regulations 2003) PANT X!-CUNTlWL OF '!"J{AFHC 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 ; "truersec ttun" means the area within the prulungallun uf 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 const ructed 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 . perambu lator. 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 sueh vehicle on any road unless sueh 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. sub ject to any directions of the Council. if he or she is satisfied that such person is 22 ! 12001 Ed. Local Government CAP.l l l (a) over the age of 15 years; (b) not suffering from any disease or physical disability which would be likely to cause the driv ing 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 Reg ulations 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 uf the age uf 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; (h) in thp ra~p of any nther ppr~on , upnn payment of the sum often 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 Ist day of April 2004.] (Revoked and re placed by Regulations 16.06.04) 5. No person shall drive or ride any vehicle other than a 222 ICAP.II Local Govertnnent 2001Ed.1 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 head lamp 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 shHII drive anv 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. 223 12001 Ed. Local Government CAP.I II (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 likelv to be caused to anv 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 eve ry 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 truffle 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. Pena lty : $?O 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 anyone time ride or be carried on any bicycle. Penalty: $10. . Hi. No person shall ride, UI being the owner Of having charge of any vehicle permit any other person to ride, in any insecure posit ion on any vehicle whilst such vehicle is in 224 ICAP.II Local Govenunem 200 1 Ed.1 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 he kept to the right-hand side of such vehicle except when the driver or rider of the vehicle being overtaken has signil1ed 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 ur rider uf 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 prartirahlp to the left-hand sielp and pprmit 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 011 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 225 12001 Ed. Local Government CAP.I II reasonably be expected to be on or Insuch 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 SIIc.h 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. 226