Addition of new regula. tion 163A.
7
22. The principal regulations are amended by the addition after regulation 163 of the following-
"Defects.
163A. (1) If a police officer is of the opinion that a motor vehicle is defective in such fashion as would render the owner or the driver thereof liable to conviction under these regulations or under any other enactment but that the defect is of a sufficiently minor nature as may not warrant the institution of proceedings in respect thereof, the police officer may serve upon the owner or driver of the vehicl a notice, in such form as may be prescribed by the Com missioner, requiring such person to have such defect re paired and to produce the motor vehicle for inspection al such time and place as may be specified in the notice.
(2) Every police officer who serves a notice under paragraph (1) shall, within forty-eight hours, transmit a copy thereof to the Chief Superintendent of Police, Traffic Branch, or to such other police officer as the Commissioner of Police may designate for this purpose, and the Chief Superintendent of Police, Traffic Branch, or such other police officer designated as aforesaid shall thereupon, subject to any directions from the Attorney General, decide whether or not the notice served as aforesaid shall be in substitution for the institution of proceedings against the person served with the notice in respect of the defect specified in the notice, and shall forthwith, personally or by post, notify in writing such person accordingly.
(3) Any person who has been served with a notice in accordance with the provisions of paragraph (1) and who, without reasonable excuse, fails to produce the vehicle for inspection at the time and place specified in the notice or fails to have the defect repaired, shall be guilty of an offence and on summary conviction shall be liable to a fine of one thousand dollars.**.
COUNCIL CHAMBER,
Deputy Clerk of Councils.
25th August, 1964.
Explanatory Note.
(This Note is not part of the regulations, but is intended to indicate their general purport).
These regulations make a number of minor amendments to the Road Toft (Construction and Use) Regulations, 1956, the principal regulations--
(a) by regulation 2, the definition "registered", which is not used, is deleted
from regulation 2 of the principal regulations;
(b) by regulution 3. omnibuses are excluded from the provisions of regula- tion 10 of the principal regulations as to overall height of motor vehicles. as the overall height of omnibuses is specifically dealt with in regulation 34 of the principal regulations;
(c) by regulations 4 and 6, regulations 14 and 16 of the principal regulations are amended to employ in substitution for the expression "unladen weight", the expression "weight unladen" as the latter, and not the former, is the expression defined in regulation 2 of the principal regulations;
(d) by regulations 5. 9, 13 and 16, typographical errors in regulations 13, 47. 130 and 147 respectively of the principal regulations are corrected; (e) by regulation 7, regulation 22 of the principal regulations is replaced by a new regulation requiring every motor vehicle to be fitted with two instead of the previous one efficient automatic windscreen wipers unless the driver of the vehicle can obtain an adequate view either by opening the windscreen of the vehicle or by the operation of a single screen wiper. This regulation does not come into operation until the 1st day of January, 1965, to enable vehicles to be adapted, where necessary.
(A) by regulation 8. regulation 23 of the principal regulations is amended to enable a siren or similar device to be lawfully used on an ambulance and to enable the Commissioner of Police after consulting the Director of Fire Services, to authorize sirens on vehicles which, although used for fire brigade purposes, are not solely needed for such purposes, for example, private cats of senior officers of the Fire Services Department; (e) by regulation 10, regulation 74 of the principal regulations is amended by the omission of the first part of paragraph (1) which is unnecessary: (8) by regulation 11 a new regulation 79 is added, enabling the Commis- simmer to exempt from the provisions of certain construction regulations. omnibusca used as private omnibuses or for non-exclusive services such as tour buses.
(0) by regulation 15, part of regulation 143 is omitted, as being no longer
required;
(by regulation 12, regulations 944 and 95 of the principal regulations are amended to employ, in substitution for the phrase "number of passengers", the phrase "seating capacity” used in the First Schedule to The Road Traffic (Registration and Licensing of Vehicles) Regulations, 1956, for the sake of conformity:
(8) by regulation 14, regulation 133 and 134 of the principal regulations are amended, consequential on the enactment of the Road Traffic (Amendment) Ordinance, 1964:
() by regulation 17, regulation 152 of the principal regulations is amended so as to enable taxis, when plying for hire, to use a coloured light at night to indicate that they are available for hire;
(m) by regulation 18. regulation 158 of the principal regulations is amended so as to refer to the police rank of "inspector" in place of the abolished ank of "sub-inspector", and (adopting the similar provisions contained in the Road Traffic (Parking and Waiting) Regulations, 1958) to provide for the payment of storage and removal charges in respect of vehicles removed by the police under regulation 1.58, the detention of such vehicles until released by a magistrate or the charges are paid and the eventual sale of any detained vehicles which are not claimed;
(a) by regulation 19, regulation 161 is amended, consequential upon the
abolition of the police rank of sub-inspector:
(a) by regulation 20, regulation 162 of the principal regulations, which enables a police officer to test and inspect vehicles for defects in the brakes, etc., is amended to enable such tests and inspections to be carried out by other persons at the instance of a police officer, and to permit
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