On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 31/12/2004.
79.
—(1) Where the overall height of a heavy motor vehicle exceeds 4 metres, any person who, without a permit from the Deputy Commissioner of Police, is in charge of or drives or causes to be driven the vehicle on a road shall be guilty of an offence and shall be liable on conviction —
(a)
for a first offence, to imprisonment for a term of not less than one year and not more than 3 years and, in addition, to a fine not exceeding $2,000; and
(b)
for a second or subsequent offence, to imprisonment for a term of not less than 2 years and not more than 5 years and, in addition, to a fine not exceeding $5,000.
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(2) The Deputy Commissioner of Police may, in granting a permit for the purpose of subsection (1), impose such conditions as he thinks fit including conditions relating to —
(a)
the overall height of the heavy motor vehicle;
(b)
the lateral projection of any load carried by the vehicle;
(c)
the routes the vehicle is permitted to travel;
(d)
the maximum speed of the vehicle; and
(e)
the requirement for police or other escort.
(3) Any person who contravenes or fails to comply with any of the conditions imposed in any such permit relating to any of the matters specified in subsection (2) shall be guilty of an offence and shall be liable on conviction to the same penalties as are prescribed for an offence under subsection (1).
(4) The driver or person in charge of a heavy motor vehicle convicted of an offence under subsection (1) or (3) shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification —
(a)
in the case of a first offence, be disqualified from holding or obtaining a driving licence for a period of not less than one year; and
(b)
in the case of a second or subsequent offence, be disqualified from holding or obtaining a driving licence for a period of not less than 2 years.
(5) Any disqualification imposed against any person under subsection (4) shall take effect from the date he is released from prison.
(6) In this section and section 80 —
“heavy motor vehicle” means —
(a)
a goods vehicle the weight of which unladen exceeds 2,500 kilogrammes;
(b)
a motor vehicle which is —
(i)
an engineering plant or a mobile crane or is designed and constructed for engineering operations; or
(ii)
drawing a trailer carrying a container or other load;
“overall height”, in relation to a heavy motor vehicle, means the distance between the surface on which the vehicle rests and the highest point of the vehicle, and where it is carrying a load the highest point of its load.
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