Addition of
new sections
31A, 318 and 31C.
16. The principal Ordinance is amended by the addition, after section 31, of the following new sections→
"Dangerous driving and
31A. (1) Any person who drives dangerously shall be causing death guilty of an offence and shall be liable-
and injury
thereby.
(a) on summary conviction in the case of a first con- viction, to a fine of one thousand dollars and to imprisonment for six months and, in the case of a second or subsequent conviction, to a fine of two thousand dollars and to imprisonment for six months; or
(b) on conviction on indictment, to a fine of five thousand dollars and to imprisonment for two years.
(2) A person drives dangerously within the meaning of this section if he drives a car on a road at a speed or in á manner which is dangerous to the public, having regard to all the circumstances at the time, including the nature, condition and use of the road, and the amount of traffic which is, or might reasonably be accepted to be, then on
the road.
(3) Without prejudice to the provisions of subsection (1), any person who drives dangerously and thereby causes the death or grievous bodily injury to another person shall be guilty of an offence and shall be liable, on summary conviction, to a fine of two thousand dollars and to imprisonment for twelve months and, on conviction on indictment, to a fine of dive thousand dollars and to imprisonment for five years.
(4) If on the trial of any person for an offence under subsection (3), the court or jury is satisfied that he drove dangerously but is not satisfied that be thereby caused the death of, or grievous bodily injury to, another person, the court or jury shall acquit him of the offence under sub- section (3) and shall find him guilty of an offence under subsection (1).
(5) On the trial of any person for manslaughter arising out of bis dangerous driving the jury may acquit him of manslaughter and may find him guilty of an offence under subsection (1) or subsection (3),
(6) On the trial of any person for an offence under subsection (1) or (3), the court or magistrate may acquit him of that offence and may find him guilty of an offence under section 31B (which relates to careless driving).
Careless driving
Driving under influence of drink or dress
9
31B. (1) Any person who drives carelessly shall be guilty of an offence and shall be liable, on summary convic- tion, to a fine of one thousand dollars and, in the case of a first conviction, to imprisonment for three months and, in the case of a second or subsequent conviction, to imprison- ment for six months.
(2) A person drives carelessly within the meaning of this section if he drives a car on a road without due care and attention or without reasonable consideration of other persons using the road.
31C. Any person who drives or attempts to drive or is in charge of a car on a road while he is under the influence of drink or drugs to such an extent as to be incapable of having proper control of the car shall be guilty of an offence and shall be liable-
(a) on summary conviction in the case of a first conviction, to a fine of one thousand dollars and to imprisonment for six months and, in the case of a second or subsequent conviction, to a fine of two thousand dollars and to imprisonment for twelve months; or
(b) on canviction on indictment. to a fine of five thousand dollars and to imprisonment for two years.".
17. Section 32 of the principal Ordinance is repealed and replaced Repeal and by the following-
"Regulations made by the Governor
in Council.
32. (1) The Governor in Council may by regulation prescribe or provide for-
(a) the construction of new cars and other apparatus of the tramway and the maintenance and clean- liness of cars and apparatus of the tramway used in connexion with its public service:
(b) the safety of passengers and of other persons
travelling on cars:
(c) the speed at which a car may be driven;
(d) the use of warning apparatus on cars;
(e) the licensing of drivers and conductors of cars;
(f) the use of electric power on the tramway;
(g) the provision of stopping places for cars,
(k) the issue of a certificate in accordance with the provisions of section SA and any appeal against such issue;
replacement of section 32