Island Ordinance containing rules for traffic and road safety on the roads of Saba, and to revoke the Road Traffic Ordinance Leeward Islands (Official Bulletin 1963, No. 5).

Geldend van 05-06-2022 t/m heden

Intitulé

Island Ordinance containing rules for traffic and road safety on the roads of Saba, and to revoke the Road Traffic Ordinance Leeward Islands (Official Bulletin 1963, No. 5).

THE ISLAND COUNCIL OF THE PUBLIC ENTITY OF SABA,

Having regard to:

Article 136 and Article 149 of the Act public entities Bonaire, Statia, and Saba;

Taking into consideration:

that it is advisable to set new rules for traffic and road safety;

HAS DECREED:

to enact the following Island Ordinance:

Chapter I GENERAL PROVISIONS

Article 1

In this Island Ordinance and the provisions based on it, the following shall be meant by:

  • 1. trailer: a vehicle that is propelled or is apparently meant to be propelled by a vehicle;

  • 2. axis lines: lines or strips, whether nor not interrupted, on or in a roadway, applied in a contrasting color, dividing the roadway lengthwise into two or more sections of similar or almost similar width;

  • 3. bus: a motor vehicle designed to transport more than eight persons, not including the driver;

  • 4. built-up area: the more or less continuous structures marked out by the traffic signs set out in Chapter H;

  • 5. shoulder: part of the road beside the roadway, whether or not paved;

  • 6. driver: every road user, not being a pedestrian;

  • 7. driver of a motor vehicle: the person driving a motor vehicle;

  • 8. competent authority: the Lieutenant Governor of the public entity of Saba, unless determined differently in this Ordinance;

  • 9. blue continuous line: parking zone designated by the competent authority, where conditions apply to parking;

  • 10. block marking: interrupted marking of blocks or lines on the road surface to indicate that a certain roadway can be driven onto or that one can access or exit;

  • 11. moped: motor vehicle on two or three wheels, not having closed bodywork, equipped with a combustion engine with a cylinder capacity not exceeding 50 cm3 or an electric motor with a power not exceeding 4 kW, with a speed limit of 55 km/h;

  • 12. day: the period between sunrise and sunset;

  • 13. low-beam headlights: lights by which the road in front of the vehicle is illuminated, without blinding or hindering other road users;

  • 14. bicycle: vehicle meant to be propelled by physical strength, except those vehicles that can manifestly be qualified as children’s toys, including vehicles with pedal assistance with a speed limit of 30 km/h;

  • 15. cycle track or cycle lane: a road section or separate path designated as such, meant for cyclists;

  • 16. yellow continuous line: no stopping zone;

  • 17. yellow interrupted line: no parking zone;

  • 18. warning triangle: triangular red reflector placed on the road to warn following traffic;

  • 19. high-beam headlights: lights that illuminate the road in front of the vehicle over a long distance;

  • 20. shark teeth: a series of triangles on the road surface instructing to give way;

  • 21. taking over: approach and passing of two vehicles or groups of vehicles going in the same direction the distance between which becomes sufficiently less because the rear vehicle or the rear group of vehicles moves faster than the front vehicle or front group of vehicles;

  • 22. driveway: access to a building or closed yard;

  • 23. disabled vehicle: vehicle designed to transport a disabled person, whether or not equipped with an engine with a speed limit of 30 km/h, while the vehicle cannot be wider than 1.2 meters;

  • 24. acceleration roadway: road section separated from the continuing roadway by block marking, meant for drivers accessing the continuing roadway;

  • 25. license number: the letters and digits on the tax license plate, in accordance with the Motor Vehicle Tax Ordinance Saba;

  • 26. intersection: road section where roadways come together that has to be kept clear to give way;

  • 27. crossing: crossing or Y-junction of roads;

  • 28. load capacity: the maximum permitted loading weight that can be transported with a certain vehicle;

  • 29. mass of the empty vehicle: mass of the vehicle in running order, including the materials, spare parts, and tools belonging to the normal equipment of a vehicle, load, driver and other persons transported with the vehicle not included;

  • 30. maximum permitted mass: the empty weight of a vehicle plus the load capacity;

  • 31. military column: several military vehicles behind each other in formation, or several troops on foot in any conjoined formation, as far as they are on the road to perform the service;

  • 32. motorcycle: motor vehicle with a cylinder capacity exceeding 50 cm3 on two wheels, whether or not with a sidecar;

  • 33. motor vehicle: a motorized vehicle not being a moped and a disabled vehicle, meant to be propelled differently than along rails;

  • 34. night: the period between sunset and sunrise;

  • 35. semi-trailer: trailer designed to be linked to a pulling vehicle, while the pulling vehicle supports the front of the semi-trailer and the semi-trailer transfers considerable vertical load on the pulling vehicle;

  • 36. parking: letting a vehicle stand still differently than during the time necessary and used for immediate and continued entering or exiting by passengers or for immediate and continued loading or unloading of goods;

  • 37. roadway: every road section meant for driving vehicles, excluding the cycle tracks;

  • 38. direction arrows: white arrows on the roadway indicating the mandatory direction for the driver;

  • 39. lane: a section of the roadway marked by a continuous or interrupted white line of such width that drivers of motor vehicles on more than two wheels can use it;

  • 40. livestock, mounts, and draught animals: these include inter alia horses, ponies, donkeys, mules, cattle, sheep, goats, and pigs;

  • 41. roundabout: a circular square with one-way traffic;

  • 42. stop line: a white line, strip or stripe, whether or not interrupted, applied across in or on the road surface;

  • 43. sidewalk: side of the road marked by curbs along the roadway;

  • 44. exit lane: a road section separated from the continuing roadway by interrupted block marking, meant for drivers exiting the continuing roadway;

  • 45. exit: exit from a building or closed yard;

  • 46. gore: section of the roadway with diagonal stripes to guide traffic;

  • 47. paved roads: roads with artificially applied solid surfacing;

  • 48. traffic: all road users;

  • 49. speed bumps: rise in the road meant to make the road user reduce speed;

  • 50. traffic lights: lights on the public road meant to regulate the flow of traffic;

  • 51. traffic signs: traffic lights, road signs, and signs on the road surface;

  • 52. vehicles: bicycles, mopeds, disabled vehicles, motor vehicles, self-propelling machines, and carts;

  • 53. pedestrian crossing or zebra crossing: a place, indicated by white stripes applied perpendicular to the direction of the road, where pedestrians and disabled vehicles can cross the roadway;

  • 54. footpath: a road section separated from the roadway, whether or not raised, only meant for pedestrians, unless determined differently in this Ordinance;

  • 55. giving way: letting the drivers concerned continue their way unhindered;

  • 56. truck: motor vehicle on more than three wheels with a maximum permitted mass exceeding 3,500 kilograms, exclusively and mainly designed to, or as appears from their original construction meant for transporting goods;

  • 57. cart: a vehicle drawn by mounts or draught animals;

  • 58. roads: all roads or paths open to public traffic; including the bridges and culverts located in them, and the paths and shoulders or sides belonging to those roads;

  • 59. road users: pedestrians, cyclists, moped drivers, drivers of a disabled vehicle or of a motor vehicle, equestrians, escorts of mounts or draught animals or livestock, and drivers of harnessed or unharnessed carts;

  • 60. self-propelling machines: machines that can move by means of their own mechanical power.

  • 61. Motor vehicle with automatic transmission: motor vehicle, not being a motor vehicle with manual transmission, whether or not provided with a switch or a lever, with which the driver can influence the gear change of the motor vehicle.

Article 2

  • 1. The rules of this Island Ordinance for pedestrians shall also apply to drivers of a disabled vehicle, if they use a footpath or sidewalk or cross from one to the other footpath or sidewalk. Unless this Ordinance determines differently, drivers of disabled vehicles shall follow the cyclist rules in other cases.

  • 2. The rules of this Island Ordnance for pedestrians shall also apply to persons on foot who are walking with a motorcycle, moped, or bicycle, as well as persons moving with objects that are not vehicles.

Article 3

Everyone is prohibited from behaving in such a way that danger is or may be caused on the road, or that the traffic on the road is hindered or may be hindered.

Chapter II INSTRUCTIONS, ORDERS, AND TRAFFIC SIGNS

Paragraph 1 GENERAL PROVISIONS

Article 4

  • 1. Road users shall follow the traffic signs, contained in annexes 1 and 2 belonging to this Ordinance, giving instructions or containing prohibitions.

  • 2. The traffic signs contained in annex 1 can be changed or revoked by island decree.

Article 5

Road users shall follow the orders and instructions contained in annex 2, given orally or by means of gestures by the competent traffic controllers and traffic policemen recognizable as such, or other competent officials recognizable as such.

Article 6

  • 1. Orders and instructions as referred to in Article 5 shall have priority over traffic signs and traffic rules.

  • 2. Traffic lights shall have priority over traffic signs regulating right of way.

  • 3. Traffic signs shall have priority over traffic rules, as far as these rules are incompatible with these signs.

Article 7

  • 1. For the benefit of road safety and guaranteeing freedom of traffic, orders and instructions can be given to road users by or on behalf of the Lieutenant Governor upon advice obtained.

  • 2. The Lieutenant Governor or a body designated by him shall decide on placing and installing traffic signs upon advice obtained.

  • 3. The Lieutenant Governor or the body designated by him for this purpose can only deviate from the advice referred to in the first and second paragraph substantiated with reasons.

  • 4. Traffic signs shall be placed or installed by or on behalf of the Lieutenant Governor.

  • 5. Others than those authorized to do so by this Ordinance are prohibited from installing, causing to be installed, keeping installed, or removing traffic signs on, along, or over the roads or from blocking the visibility of traffic signs.

  • 6. It is prohibited to install, cause to be installed, or keep installed objects, installations, or signs of any kind that could confuse traffic on, along or over the roads.

Paragraph 2 ROAD SIGNS

Article 8

  • 1. Road signs shall apply over the entire width of the road or roadway on or along which they have been placed.

  • 2. If a road is divided into lanes, the application of a road sign can be limited to one or more lanes.

  • 3. The road signs E1, E2, and E3 of annex 1 shall only apply to the side of the road at or on which they have been placed.

Article 9

  • 1. Additional signs installed below road signs and traffic lights may mean:

    • a.

      a detailed explanation of the road sign;

    • b.

      if only symbols are featured on an additional sign: the road sign only applies to the road users specified as such or the traffic behavior specified as such;

    • c.

      if the word “except” is featured on an additional sign combined with symbols: the road sign does not apply to the road users specified as such or the traffic behavior specified as such.

  • 2. Symbols on additional signs shall have the same meaning as those contained in annex 1.

  • 3. If the intended traffic behavior is indicated by texts or signs, whether or not combined with symbols, the intended traffic behavior appears from the additional sign.

Paragraph 3 TRAFFIC LIGHTS

Article 10

  • 1. In case of three-colored traffic lights:

    • a.

      green light shall mean: continue;

    • b.

      yellow light shall mean: stop; for drivers who have approached the light so closely that stopping is reasonably impossible: continue;

    • c.

      red light shall mean: stop.

  • 2. If a three-colored traffic light or a one-colored traffic light added to it shows a lit arrow, the light shall only apply to the direction indicated by the arrow.

  • 3. If a lit bicycle picture is shown, the light shall apply to cyclists and drivers of a disabled vehicle.

Article 11

  • 1. In case of two-colored traffic lights:

    • a.

      yellow light shall mean: stop; for drivers who have approached the light so closely that stopping is reasonably impossible: continue;

    • b.

      red light shall mean: stop.

  • 2. The second and third paragraph of Article 10 shall apply by analogy.

Article 12

  • 1. In case of bus lights:

    • a.

      white light or white flashing light shall mean: continue;

    • b.

      yellow light shall mean: stop; for drivers who have approached the light so closely that stopping is reasonably impossible: continue;

    • c.

      red light shall mean: stop.

  • 2. The white light and the white flashing light shall only apply to the specified directions.

Article 13

  • 1. In case of pedestrian lights:

    • a.

      green light shall mean: pedestrians are permitted to cross;

    • b.

      green flashing light shall mean: pedestrians are permitted to cross; the red light will appear soon;

    • c.

      red light shall mean: pedestrians cannot begin to cross anymore; pedestrians already crossing have to walk on as quickly as possible.

  • 2. If the red light has been replaced by a yellow flashing light as referred to in Article 14, pedestrians are permitted to cross, provided that they give right of way to the other traffic on site.

  • 3. For the benefit of the blind and visually impaired, traffic lights can be equipped with a sound signal.

Article 14

Yellow flashing light shall mean: black spot; caution advised.

Article 15

Further traffic light rules can be given by or on behalf of the Executive Council.

Paragraph 4 TRAFFIC SIGNS ON THE ROAD SURFACE

Article 16

A continuous line shall have the following meaning:

  • a. if the line is between lanes or on paths with traffic in both directions: drivers cannot cross the line to the left, and not be to the left of the line, unless an interrupted line has been drawn to the right of the continuous line;

  • b. if the line is between lanes or paths for one-way traffic: drivers cannot cross the line, unless an interrupted line has been drawn between the driver and the continuous line.

Article 17

Drivers are not permitted to use the gores.

Article 18

At a crossing, drivers following the roadway shall take the direction indicated by the lane they are in.

Article 19

Drivers shall stop before the stop line meant for them.

Article 20

Before the shark teeth drivers shall give way to drivers on the intersecting road.

Chapter III TRAFFIC BEHAVIOR

Paragraph 1 ROAD SAFETY

Article 21

  • 1. It is prohibited to throw, drop, place, lay, or leave substances or objects on a road that are a nuisance or hazardous to traffic.

  • 2. It is prohibited to transport objects dragging over a road so that the road can be damaged.

Article 22

The driver is prohibited from turning into a road or road section for which traffic in the opposite direction has right of way, when a vehicle, mount or draught animal or livestock has approached that road or road section from aforementioned direction or is on it. Moreover, he is prohibited from loitering in front of that road or road section in such a way that traffic coming from the opposite direction is hindered when exiting it.

Article 23

  • 1. It is prohibited to leave a vehicle, trailer or semi-trailer that is not in running order or is otherwise defective on a public road for more than two times 24 hours.

  • 2. In case of violation of the first paragraph, and if any vehicle, trailer or semi-trailer is found on a road in a way that is a nuisance to traffic, the persons referred to in Article 127 are authorized to transport the vehicle or cause it to be transported to a impoundment lot or repair site at the risk and expense of the owner or holder.

Article 24

  • 1. The driver of a motor vehicle is prohibited from transporting persons on a road with it, and the owner or holder is prohibited from letting persons be transported with it, other than on the seats made for this purpose by the manufacturer of the vehicle in the driver’s cabin.

  • 2. The first paragraph shall not apply to:

    • a.

      transportation with military trucks and with trucks used for military purposes;

    • b.

      transportation of police officers in the performance of their duties and of persons escorted by the police or the judiciary;

    • c.

      transportation with trucks used by utility companies as far as this transportation takes place to perform the work of these companies;

    • d.

      transportation of sick or injured persons and their escorts with trucks specifically designed for this purpose;

    • e.

      transportation of persons with motor vehicles for which a license has been granted to the owner or holder by or on behalf of the competent authority;

    • f.

      transportation of persons in the load area of a vehicle.

  • 3. A license as referred to in the second paragraph, subparagraph e, can be granted to the owner or holder of the motor vehicle for a certain ride or continuously upon written application for a period not exceeding one year, if the motor vehicle meets the special requirements for the design of the motor vehicle to be set by decision of the competent authority. The license shall state the maximum number of persons to be transported with the motor vehicle.

Article 25

  • 1. The person driving a motor vehicle is prohibited from driving without holding the steering wheel with at least one hand.

  • 2. Drivers of bicycles and mopeds are prohibited from:

  • a. letting themselves be pulled by another vehicle;

  • b. riding without holding the handlebar with at least one hand;

  • c. during the ride having the feet elsewhere than on the pedals or other places meant for this purpose;

  • d. guiding more than one animal;

  • e. as far as it concerns two-wheel bicycles, transporting more than one person on it. This is only permitted if fixed footrests for these persons have been mounted effectively to the bicycle. The co-rider sitting on the rear seat of a tandem bicycle shall not be considered a passenger for the purposes of this Article.

Article 26

No other trailer shall be linked behind a trailer.

Article 26A

The driver of a motor vehicle, moped, or disabled vehicle equipped with an engine is prohibited from holding a device that can be used for communication or data processing while driving.

Paragraph 2 COMPETENCE OF THE DRIVER

Article 27

A driver of a vehicle is prohibited from driving on a road if he is manifestly incompetent to do so due to old age, sickness, weakness, fatigue, or any other cause.

Article 28

  • 1. Everyone is prohibited from driving a vehicle or causing it to be driven as driver when he is under such influence of a substance of which he knows or may reasonably know the use of which, whether or not combined with the use of another substance, can reduce the ability to drive, that he should be considered to be incapable of driving properly.

  • 2. Everyone is prohibited from driving a vehicle or causing it to be driven as driver after such use of alcoholic beverages that:

    • a.

      the alcohol content of his breath during a test appears to exceed 352 micrograms of alcohol per liter of exhaled air, or

    • b.

      the alcohol content of his blood during a test appears to exceed 0.8 milligrams of alcohol per milliliter of blood.

Article 29

When the driver of a motor vehicle, including the person who causes the motor vehicle to be driven under his direct supervision, is suspected of having acted in conflict with Article 28, second paragraph, the investigating officer referred to in Article 127 or the Public Prosecutor or Assistant Public Prosecutor can order him to cooperate in the test as referred to in Article 5a, first paragraph, of the BES Act on liability of drivers, right to drive and ability to drive.

Paragraph 3 RULES OF CONDUCT

Article 30

Road users shall not block a crossing.

Article 31

  • 1. The person who is involved in a traffic accident or whose behavior has caused a traffic accident is prohibited from leaving the scene of the accident if:

    • a.

      to his knowledge or reasonable assumption, in that accident another person has been killed, injury or damage has been cause to another person, or damage has been caused to any property of another person than the driver, before the identity of his person or the vehicle has been properly established;

    • b.

      to his knowledge or reasonable assumption, another person who has been injured in this accident is left behind helpless.

  • 2. Prosecution pursuant to the first paragraph, subparagraph a, shall be excluded against the person who, within three hours after the accident, before he has been arrested or heard as a suspect, voluntarily notifies a person referred to in Article 127 of the accident, and also makes the statements required to determine the identity of his person and the vehicle.

Article 32

A driver or the person who causes a vehicle to be driven is prohibited from driving it on a road during the period for which the driver has been imposed a driving ban as referred to in Article 5a, second paragraph, BES Act on liability of drivers, right to drive and ability to drive.

Article 33

It is prohibited to intentionally use a vehicle belonging to another person on the road illegally.

Article 34

  • 1. It is prohibited to organize or participate in a race with vehicles or animals on a road without a license from the Lieutenant Governor.

  • 2. For the purposes of this Article, a race shall also mean all driving or propelling of vehicles or animals to compare the performance of either the animals, or the participants or the vehicles.

  • 3. For the purposes of this Article, a participant shall mean the driver of the vehicle and the rider of an animal with which one participates in a race, as well as the owner or holder hereof.

Paragraph 4 PLACE ON THE ROAD

Article 35

  • 1. Drivers shall keep to the right as much as possible.

  • 2. If a roadway consists of two or more lanes, drivers shall use the lane meant for this purpose, considering their direction.

Article 36

Where traffic has to stand still, drivers of motor vehicles shall place themselves in order of arrival behind each other on the road section meant for them, and clear the road section meant for traffic from the opposite direction. Drivers of carts, disabled vehicles, mopeds, and bicycles shall place themselves in such a way that motor vehicles are not hindered.

Article 37

  • 1. Pedestrians shall use the sidewalk or footpath.

  • 2. They shall use the cycle track if there is no sidewalk or footpath.

  • 3. They shall use the shoulder or edge of the roadway, if there is also no cycle track.

  • 4. They may only cross roadways and cycle tracks perpendicular to the direction of traffic, carefully and without needless interruption. When pedestrian crossings are available within a 30-meter radius, they shall use them.

  • 5. This Article shall not apply to military columns.

Article 38

  • 1. Cyclists shall use the cycle track or cycle lane.

  • 2. If there is no cycle track or cycle lane, they shall keep as much as possible to the right on the roadway.

  • 3. Two cyclists are permitted to ride beside each other.

Article 39

Drivers of a disabled vehicle shall use the roadway, the cycle track or the cycle lane, the footpath or the sidewalk. When they use the footpath or the sidewalk, they shall drive slowly.

Article 40

  • 1. Equestrians shall use the shoulder.

  • 2. They shall use the cycle track or cycle lane if there is no shoulder, and if there is no cycle track they shall use the edge of the roadway.

Article 41

Other drivers than those referred to in Articles 38 through 40 shall only use the roadway.

Paragraph 5 TAKING OVER

Article 42

  • 1. One shall take over on the left.

  • 2. Cyclists shall pass each other on the left, they are permitted to pass other drivers on the right.

  • 3. Drivers who have selected the left lane and have indicated to want to turn left shall be taken over on the right.

  • 4. Drivers who are at the right side of a block marking are permitted to take over drivers who are at the left side of this marking on the right.

  • 5. It is prohibited to come on the road section meant for traffic from the opposite direction while taking over, if it causes or may cause danger or an impediment for oncoming traffic.

  • 6. It is prohibited to take over a vehicle right before or on a crossing, if the road section meant for oncoming traffic has to be used.

Article 43

It is prohibited to take over a vehicle right before or on a pedestrian crossing.

Paragraph 6 GIVING RIGHT OF WAY AND RIGHT-OF-WAY RULES

Article 44

  • 1. At crossings drivers shall give right of way to drivers coming from the right.

  • 2. The following exceptions to this rule shall apply:

    • a.

      drivers shall give right of way to drivers on a priority road;

    • b.

      drivers on a dirt road shall give right of way to drivers on a paved road;

    • c.

      drivers shall give right of way to drivers of motor vehicles;

    • d.

      drivers making a turn shall give right of way to oncoming traffic on the same road or located on the same road beside them or closely to the left or right behind them;

    • e.

      drivers nearing a crossing and being on the road that ends at that point shall give right of way to drivers on the continuing road.

Article 45

  • 1. Drivers shall let the blind and visually impaired carrying a white stick with one or more red rings and all other persons who move with difficulty go first.

  • 2. Drivers shall let pedestrians and drivers of a disabled vehicle who cross at a pedestrian crossing or are apparently about to do so go first.

  • 3. The second paragraph shall not apply if a red pedestrian light or a yellow flashing light as referred to in Article 13, second paragraph, applies to the pedestrians and drivers of a disabled vehicle.

Article 46

  • 1. Road users shall give drivers of a priority vehicle right of way.

  • 2. Priority vehicles shall be considered to be the motor vehicles used by police and fire department and motor vehicles used by emergency medical services and transportation of the sick, as far as they have a rotating or flashing blue light and siren.

  • 3. The categories referred to in the first and second paragraph shall have priority over each other in the sequence in which they have been listed.

  • 4. Drivers of priority vehicles are permitted to deviate from the rules of this Island Ordinance and the provisions based on it, as far as the performance of their duties so requires.

Article 47

Road users shall give drivers of priority vehicles free passage.

Article 48

Drivers on a roundabout shall have right of way before traffic approaching the roundabout.

Paragraph 7 COLUMNS

Article 49

  • 1. Without a license or dispensation it is prohibited for pedestrians forming a parade or military column to use the roadway.

  • 2. Traffic is not permitted to cut through a funeral procession, a procession, or a military column.

Article 50

  • 1. A column which has been given a license or dispensation and follows a roadway shall comply with the following:

    • a.

      the leader shall be of age;

    • b.

      including the leader, it shall not exceed a width of three persons and a length of thirty persons;

    • c.

      the participants shall walk in close ranks;

    • d.

      one shall keep at least 30 meters distance from a column ahead;

    • e.

      at night the column shall carry a lantern emitting white or yellow light to all sides in the front and a lantern emitting red light to all sides at the rear.

  • 2. The leader of the column shall be responsible for violations of the first paragraph.

Paragraph 8 TURNING AND SPECIAL MANEUVERS

Article 51

  • 1. Drivers of motor vehicles that want to make a turn shall give a signal with their blinker before turning, and the other drivers shall give a signal with their arm before turning.

  • 2. Drivers of motor vehicles that want to make a turn shall get in lane by:

  • 3. timely driving as much as possible to the right side of the roadway if they want to turn right;

  • 4. timely driving as much as possible along the road axis or keeping to the left as much as possible in case of roadways meant for traffic in one direction if they want to turn left.

Article 52

  • 1. Drivers who make a turn shall give right of way to oncoming drivers on the same road or drivers who are beside them on the same road or closely to the left or right behind them.

  • 2. Drivers who turn left shall give right of way to oncoming drivers who turn right at the same crossing.

  • 3. At a crossing the traffic that makes a turn shall make a wide turn to the left and a short turn to the right.

Article 53

  • 1. Drivers who perform a special maneuver, such as reverse, exit a driveway onto the road, turn into a driveway from a road, make a U-turn, cross the road, drive onto the continuing roadway from the acceleration lane, and change lanes, shall give right of way to the other traffic.

  • 2. Drivers of vehicles are permitted to reverse only slowly and along the side of the roadway where the vehicle was before it reversed, if this cannot cause danger or hindrance to other road users or cause damage.

Article 54

Drivers of motor vehicles shall give a signal with their blinker if they want to drive off, want to take over other drivers of motor vehicles, want to access and exit the continuing roadway, and if they want to change lanes, as well as for all other important sideway movements.

Article 55

  • 1. Within the built-up area, drivers shall give drivers of a bus the opportunity to leave a bus stop, when the driver of this bus indicates his intention to drive off by giving a signal with his blinker.

  • 2. The first paragraph shall not apply to drivers of priority vehicles.

Article 56

  • 1. If they intend to stop or suddenly slow down, drivers shall indicate this to the traffic behind them in a timely and clearly visible manner.

  • 2. A driver shall be able to stop his vehicle within the distance he can see to be clear.

Paragraph 9 SPEED

Article 57

Unless indicated differently, within the built-up area the following speed limits shall apply:

  • a. for motor vehicles 30 km/h;

  • b. for mopeds 30 km/h;

  • c. for disabled vehicles using the roadway 30 km/h.

Article 58

Unless indicated differently, outside the built-up area the following speed limits shall apply:

  • a. for motor vehicles 60 km/h;

  • b. for mopeds 40 km/h;

  • c. for disabled vehicles using the roadway 40 km/h.

Article 59

Unless indicated differently, the following speed limits shall apply for self-propelling machines:

  • a. 25 km/h within the built-up area;

  • b. 40 km/h outside the built-up area.

Paragraph 10 STANDING STILL AND PARKING OF VEHICLES

Article 60

  • 1. The driver is only permitted to let his vehicle stand still on the separate road section to the right of the road meant for stationary vehicles, and for lack hereof at the utmost right side of the road.

  • 2. The driver shall not let his vehicle stand still:

    • a.

      on a crossing or within a distance of eight meters from the intersections of the edges of the roadway;

    • b.

      on or within a five-meter distance from a pedestrian crossing;

    • c.

      at a bus stop sign where the marking is or, if there is no marking, at a distance of less than twelve meters from the sign;

    • d.

      along a yellow continuous line;

    • e.

      on no stopping roads or road sections;

    • f.

      on a bridge;

    • g.

      in or near a bend and on or near the highest point of a slope, all this unless the view for the other traffic remains sufficiently clear;

    • h.

      beside or at a distance of less than five meters from a traffic island, unless the width of the roadway beside the traffic island is at least six meters.

  • 3. Subparagraph c of the second paragraph shall not apply to immediately letting passengers get in and out.

  • 4. In deviation from the first paragraph, drivers of vehicles are permitted to let the vehicle they drive stand still to the left side of the roadway or path in a parallel direction:

    • a.

      on roads closed in the opposite direction for the traffic the drivers belong to;

    • b.

      on roads with a stopping prohibition or waiting restrictions for the right side.

Article 61

  • 1. The driver shall park his vehicle on the separate road section to the right of the road meant for parked vehicles, and for lack hereof at the utmost right side of the road:

  • 2. With the exception of bicycles, a driver shall not park his vehicle:

    • a.

      at a crossing at a distance of less than five meters from it;

    • b.

      in front of a driveway or exit;

    • c.

      where the competent authority has installed a parking meter or ticket machine, if he does not follow the instructions given for use of the parking meter or ticket machine;

    • d.

      where the competent authority has designated a parking zone, if he does not follow the conditions applicable to this zone;

    • e.

      outside the built-up area on the roadway of a priority road;

    • f.

      in a parking space if his vehicle does not belong to the category for which this parking space is meant;

    • g.

      along a yellow interrupted or continuous line;

    • h.

      at or within a five-meter distance from a water source;

    • i.

      at or within a five-meter distance from a pedestrian crossing;

    • j.

      on a location meant for immediate loading and unloading of goods.

  • 3. The driver shall not park his vehicle in such a manner that other vehicles are hindered when they drive off.

  • 4. The Executive Council can designate parking zones. The Executive Council shall set rules for the specification and use hereof by island decree of general scope.

Article 62

  • 1. It is only permitted to park the following in a disabled parking space:

    • a.

      a disabled vehicle;

    • b.

      a motor vehicle on more than two wheels showing a clearly visible, valid disabled parking badge; or

    • c.

      if the disabled parking space has been reserved for a certain vehicle.

  • 1. Rules can be given for the use of disabled parking spaces and the disabled parking badge by or on behalf of the Executive Council.

Article 63

Bicycles, mopeds, and disabled vehicles shall be placed on the sidewalk, on the footpath, or on the shoulder, or in any other places designated by the competent authority, on the understanding that on sidewalks and footpaths at least one meter and twenty centimeters is left for pedestrian use.

Paragraph 11 SIGNALS

Article 64

  • 1. To avert imminent danger, drivers of motor vehicles and mopeds can give one of the following signals:

    • a.

      by day a sound signal with the horn;

    • b.

      by night flash signals by repeatedly switching the high-beam headlights on and off quickly.

  • 2. Moreover, they can give a sound signal by day as referred to in the first paragraph, subparagraph a, to notify other road users that they want to take over.

  • 3. They shall avoid scaring mounts or draught animals or livestock on the road when giving signals.

  • 4. Drivers of motor vehicles and mopeds shall not cause unnecessary noise with their vehicles, including needlessly increasing the engine speed.

Article 65

  • 1. Drivers of motor vehicles as referred to in Article 46, second paragraph, shall only use rotating or flashing blue light and siren to indicate that they perform an urgent duty.

  • 2. Drivers of motor vehicles used for work to be specified in detail shall use rotating or flashing yellow or orange light during this work.

  • 3. The competent authority can set further rules for the signals referred to in the previous paragraphs, for the use of the signals, and for the work and circumstances referred to in the second paragraph.

Article 66

  • 1. Cyclists are permitted to give a bell signal or another mechanical signal when there is imminent danger to a road user because of their approach.

  • 2. Outside the built-up area they are also permitted to give a signal to indicate to other road users that they want to take over.

Paragraph 12 USE OF LIGHTS AND WARNING TRIANGLE

Article 67

  • 1. Drivers of motor vehicles and mopeds shall use low-beam headlights by night and by day, if the view is seriously restricted.

  • 2. Using high-beam headlights instead of low-beam headlights is permitted, except in the following cases:

    • a.

      when encountering another road user; and

    • b.

      when following another vehicle at a short distance.

  • 3. Taillights and the lights of the rear license plate shall always be on simultaneously with the high-beam headlights or low-beam headlights.

  • 4. Cyclists and drivers of disabled vehicles and carts shall use headlights and taillights by night and by day, if the view is seriously restricted.

Article 68

  • 1. Attached trailers shall use taillights and lights of the rear license plate by day, if the view is seriously restricted, and by night.

  • 2. Outside the built-up area on the roadway, by day, if the view is seriously restricted, and by night, detached trailers and semi-trailers or stationary carts shall have:

  • two red triangle reflectors with sides of at least 15 cm at the rear;

  • two white round or square reflectors at the front, and

  • two orange round or square reflectors on both sides.

Article 69

Drivers of vehicles on more than two wheels that stand still outside the built-up area on the roadway shall use parking lights by day, if the view is seriously restricted, and by night.

Article 70

  • 1. Simultaneously with high-beam headlights or low-beam headlights, drivers of motor vehicles are permitted to use sidelights, guide lights or lights to indicate the contours of the motor vehicle or the load at the front.

  • 2. Drivers are prohibited from using other lights than prescribed or permitted in this paragraph.

Article 71

  • 1. Stationary motor vehicles on more than two wheels, trailers and semi-trailers, and carts shall be indicated by means of a warning triangle, if the vehicle is an obstacle that cannot timely be noticed as such by approaching drivers.

  • 2. The warning triangle shall be placed on the road in a clearly visible manner at a distance of approximately 30 meters from the vehicle and in the direction of the traffic for which the vehicle constitutes a hazard.

  • 3. The first paragraph shall not apply when flashing warning lights are used.

Paragraph 13 ROUNDABOUTS

Article 72

Drivers of motor vehicles are permitted to drive other than on the right side of the roadway right before or on roundabouts.

Article 73

Right before or on roundabouts drivers are permitted to take over on the right.

Paragraph 14 LIVESTOCK

Article 74

  • 1. It is prohibited to let mounts or draught animals or livestock be on the road section meant for traffic without an escort or under the supervision of persons younger than sixteen.

  • 2. The first paragraph shall not apply to roads designated for this purpose by the competent authority.

Article 75

  • 1. By day, if the view is seriously restricted, and by night, equestrians and escorts of mounts or draught animals or livestock shall carry a lantern emitting white or yellow light to all sides at the left front and a lantern emitting red light to all sides at the left rear.

  • 2. Escorts of mounts or draught animals or livestock shall have sufficient control of the animals when they are on a road, and shall only guide or herd them slowly within the built-up area.

Paragraph 15 TOWING

Article 76

Drivers of motor vehicles are prohibited from towing another motor vehicle if the distance from the rear of the pulling vehicle to the front of the towed vehicle exceeds five meters.

Paragraph 16 SEATBELTS AND HELMETS

Article 77

  • 1. As far as not determined differently in this Ordinance, drivers of motor vehicles and passengers shall use the available seatbelts.

  • 2. As far as not determined differently in this Ordinance, passengers shorter than 1.30 meters shall use a child protection system suitable for them, meeting internationally acceptable safety standards and carrying a quality seal.

  • 3. Drivers and passengers older than 3 who are shorter than 1.50 meters shall use a three-point seatbelt as lap belt.

  • 4. The first paragraph shall not apply to drivers of motor vehicles:

    • a.

      on two wheels, with or without sidecar;

    • b.

      to which the obligation does not apply as evidenced by an entry in the certificate of approval issued for this purpose;

    • c.

      who are unable to fasten a seatbelt due to a physical impairment as evidenced by an entry in the driver’s license issued to the driver.

  • 5. The second paragraph shall not apply to passengers:

    • a.

      of motor vehicles as referred to in the fourth paragraph, subparagraphs a and b;

    • b.

      of motor vehicles having dispensation from wearing a seatbelt, and

    • c.

      who are transported in the load area.

Article 78

The driver and the passengers are prohibited from being on a moped, motorcycle or other motor vehicle without closed bodywork without wearing a properly fitting helmet that:

  • a. has been fastened on the head properly by means of a buckle;

  • b. meets internationally acceptable safety standards and carries a quality seal, and

  • c. is in good condition.

Paragraph 17 LOAD OF VEHICLES

Article 79

If the load of a motor vehicle protrudes more than one meter at the front or rear or more than 10 centimeters on the sides outside the contours of the vehicle, by day a red flag of 0.40 meters x 0.40 meters shall be fastened to the end of the load, and by night a lantern emitting white light shall be mounted at the front and a lantern emitting red light at the rear.

Article 80

  • 1. At the front the load shall not protrude more than 3.5 meters from the heart of the steering wheel.

  • 2. At the rear the load shall not protrude more than 5 meters from the heart of the rear axle of the motor vehicle.

  • 3. The vehicle including the load shall not be wider than 3 meters.

  • 4. The vehicle including the load shall not be higher than 4 meters.

Article 81

  • 1. Only long objects consisting of one piece may protrude outside the vehicle.

  • 2. The objects referred to in the first paragraph shall be supported and fastened on the load area in such a manner that they cannot tilt or shift.

  • 3. The objects referred to in the first paragraph shall not create major vibrations or adversely affect the vehicle’s stability.

  • 4. The objects referred to in the first paragraph shall not touch the road surface.

  • 5. When transporting diabase, gravel, sand, or other loose load, it shall be covered or fastened in such a manner that it does not constitute a risk for the load to fall on the road.

Article 82

  • 1. A vehicle or combination of vehicles with trailer or semi-trailer shall not be overloaded. The maximum permitted axle load shall be 10 tons. The maximum permitted mass shall be 50 tons.

  • 2. A vehicle shall not be loaded in such a manner that the driver has insufficient view to the front, the sides, or, whether or not with the assistance of mirrors, on the road section behind him to the left.

  • 3. The driver shall not be hindered by the load in any manner while driving.

Chapter IV TECHNICAL REQUIREMENTS

Paragraph 1 MOTORCYCLES

Article 83

  • 1. The following requirements shall apply to the design of motorcycles.

  • a. Measurements:

    • 1.

      they shall not be higher than 2 meters;

    • 2.

      they shall not be wider than 1.5 meters;

    • 3.

      they shall not be longer than 3 meters;

  • b. Marks: They shall carry the following specifications applied in a properly readable place in simply readable, indelible characters:

    • 1.

      the name or trademark of the manufacturer;

    • 2.

      the factory number or serial number on the frame or the bodywork;

    • 3.

      the engine number on the engine;

  • c. Seats: They shall have no more than two seats;

  • d. Steering system: They shall have a proper steering system;

  • e. Tires:

    • 1.

      the wheels shall have proper tires;

    • 2.

      the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

  • f. Suspension springs: They shall have properly functioning suspension springs;

  • g. Brakes: They shall have two proper brakes. The deceleration shall be at least 3.86 m/sec2 on a dry or almost dry and more or less horizontal road when both brakes are used simultaneously;

  • h. Horn: They shall have one horn with a fixed pitch and sufficiently loud. A combination of horns functioning simultaneously shall be considered to be one horn;

  • i. Design: The design shall be such that a risk of fire, explosion and hindrance for other road users caused by (thick) smoke or fume is prevented as much as possible;

  • j. Muffler: They shall have an original, or at least similarly noise-reducing, proper muffler, discharging the waste gas while reducing the noise;

  • k. Brake lights: They shall have at least one brake light;

  • l. Lights:

    • 1.

      they shall have at least one low-beam headlight;

    • 2.

      they shall have at least one high-beam headlight;

    • 3.

      they shall have at least one taillight;

    • 4.

      they shall have a red reflector at the rear;

    • 5.

      the headlight and taillight and the light of the rear license plate shall be lit simultaneously.

  • m. Blinkers: They shall have blinkers.

2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 2 THREE-WHEELED MOTOR VEHICLES

Article 84

  • 1. The following requirements shall apply to the design of three-wheeled motor vehicles not being motorcycles. For the determination of the number of wheels, two wheels mounted next to each other of similar size shall be considered to be one wheel, if the distance between the insides of the tires mounted on these wheels does not exceed the width of one of these tires in normal inflated and unloaded condition.

    • a.

      Measurements:

      • 1.

        they shall not be higher than 3.5 meters;

      • 2.

        they shall not be wider than 2.5 meters;

      • 3.

        they shall not be longer than 6 meters;

      • 4.

        the total length with an attached trailer shall not exceed 10 meters;

    • b.

      Marks: They shall carry the following specifications applied in a properly readable place in simply readable, indelible characters:

      • 1.

        name or trademark of the manufacturer;

      • 2.

        the factory number or serial number on the frame or the bodywork;

      • 3.

        the engine number on the engine;

    • c.

      Mirrors: They shall have a mirror so that the driver can see the road section behind him to the left;

    • d.

      Wipers: They shall have wipers, unless they do not have a windshield;

    • e.

      Steering system: They shall have a proper steering system;

    • f.

      Tires:

      • 1.

        the wheels shall have proper tires;

      • 2.

        the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

    • g.

      Suspension springs: They shall have properly functioning suspension springs; this does not apply to the wheel mounted in the symmetry plane;

    • h.

      Brakes: They shall have proper brakes. The deceleration shall be at least 3.86 m/sec2 on a dry or almost dry and more or less horizontal road;

    • i.

      Horn: They shall have one horn with a fixed pitch and sufficiently loud. A combination of horns functioning simultaneously shall be considered to be one horn;

    • j.

      Design: The design shall be such that a risk of fire, explosion and hindrance for other road users caused by (thick) smoke or fume is prevented as much as possible;

    • k.

      Muffler: They shall have an original, or at least similarly noise-reducing, proper muffler, discharging the waste gas while reducing the noise;

    • l.

      Brake lights: They shall have at least one brake light in the middle or on the left side;

    • m.

      Blinkers: They shall have blinkers;

    • n.

      Lights:

      • 1.

        they shall have at least one properly functioning low-beam headlight and one properly functioning high-beam headlight;

      • 2.

        they shall have at least one taillight;

      • 3.

        they shall have at least two red reflectors that are not triangular;

      • 4.

        they shall have rear license plate lighting emitting clear white light;

      • 5.

        the headlight and taillight and the light of the rear license plate shall be lit simultaneously.

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 3 MOTOR VEHICLES

Article 85

  • 1. The following requirements shall apply to the design of motor vehicles the empty weight of which plus the load capacity does not exceed 3,500 kilograms, designed to transport persons, with no more than eight seats, not including the driver.

    • a.

      Measurements:

      • 1.

        they shall not be higher than 3.5 meters;

      • 2.

        they shall not be wider than 2.5 meters;

      • 3.

        they shall not be longer than 10 meters;

      • 4.

        the total length with an attached trailer shall not exceed 18 meters;

    • b.

      Marks: They shall carry the following specifications applied in a properly readable place in simply readable, indelible characters:

      • 1.

        name or trademark of the manufacturer;

      • 2.

        the factory number or serial number on the frame or the bodywork;

      • 3.

        the engine number on the engine;

    • c.

      Windows:

      • 1.

        the motor vehicle shall have a windshield;

      • 2.

        the windshield, side, and rear windows shall be made of safety glass and of sustainable material, transparent from the inside as well as the outside, and not have cracks or discolorations hindering the driver’s view. Persons and objects shall be seen properly recognizable through this material;

      • 3.

        without dispensation it is prohibited to attach, stick, or affix any material to, on or against the windshield and side windows, restricting the driver’s view, or on account of which persons and objects can be seen vaguely, distortedly or not at all from the inside as well as the outside;

      • 4.

        tinted windshields and side windows in the front of the car shall let at least 35% of the light through. Along the top of the windshield, a tinted strip of 17,78 cm is permitted.

    • d.

      Wipers: They shall have at least one wiper, covering the entire windshield;

    • e.

      Mirrors: They shall have an interior mirror and a left outside mirror. If the view is restricted in the interior mirror, a right outside mirror is also required.

    • f.

      Design passenger cabin:

      • 1.

        if one or more persons are seated beside the driver, the free space of the seats shall be at least 60 centimeters for the driver and 40 centimeters for each of the other persons;

      • 2.

        only permitted to be beside or behind the driver are persons who are seated in the designated seats;

      • 3.

        motor vehicles of any year of manufacture after 1986 shall have proper fasteners for the seats that are available and used in the front, and seatbelts in good condition and properly mounted;

      • 4.

        motor vehicles of any year of manufacture after 1996 shall have a system preventing condensation at the inside of the windshield;

      • 5.

        they shall have a proper speedometer and a proper odometer that are properly readable to the driver by night, without causing hindrance;

    • g.

      Steering system: They shall have a proper steering system;

    • h.

      Tires:

      • 1.

        the wheels shall have proper tires;

      • 2.

        the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

    • i.

      Suspension springs: They shall have properly functioning suspension springs;

    • j.

      Brakes: They shall have two proper brakes; one brake, the service brake, shall brake all wheels; the braking force shall be divided over the wheels in such a manner that the chance of skidding of the vehicle is as small as possible; in case of combinations of a pulling vehicle and semi-trailer the wheels of the semi-trailer shall be braked simultaneously with or before and as much as the wheels of the pulling vehicle. The other brake shall brake at least two wheels, while those wheels shall be symmetrically on both sides of the vehicle; it shall be possible to secure it in operating condition, unless the vehicle has a separate securing device. The deceleration shall be at least 3.86 m/sec2 on a dry or almost dry and more or less horizontal road when exclusively using the service brake, and 1 m/sec2 when only using the other brake;

    • k.

      Horn: They shall have one horn with a fixed pitch and sufficiently loud. A combination of horns functioning simultaneously shall be considered to be one horn;

    • l.

      Design: The design shall be such that a risk of fire, explosion and hindrance for other road users caused by (thick) smoke or fume is prevented as much as possible;

    • m.

      Muffler: They shall have an original, or at least similarly noise-reducing, proper muffler, discharging the waste gas while reducing the noise;

    • n.

      Brake lights: They shall have two brake lights on both rear sides of the vehicle;

    • o.

      Blinkers: They shall have blinkers on both sides at the front and at the rear of the vehicle;

    • p.

      Lights:

      • 1.

        they shall have two low-beam and high-beam headlights on both sides of the motor vehicle emitting clear white or yellow light to the front;

      • 2.

        they shall have two taillights on both sides of the motor vehicle, not triangular, emitting clear red light to the rear;

      • 3.

        they shall have two properly functioning red reflectors on both sides of the motor vehicle at the rear that are not triangular, whether or not built in in the red taillights;

      • 4.

        they shall have rear license plate lighting emitting clear white light;

      • 5.

        the headlight and taillight and the light of the rear license plate shall be lit simultaneously.

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 4 TRUCKS

Article 86

  • 1. The following requirements shall apply to the design of trucks.

    • a.

      Measurements:

      • 1.

        they shall not be higher than 4 meters;

      • 2.

        they shall not be wider than 2.5 meters;

      • 3.

        they shall not be longer than 10 meters;

      • 4.

        - the total length with an attached trailer shall not exceed 18.75 meters;

      • 5.

        - the total length with an attached semi-trailer shall not exceed 17.30 meters;

    • b.

      Marks: They shall carry the following specifications applied in a properly readable place in simply readable, indelible characters:

      • 1.

        name or trademark of the manufacturer;

      • 2.

        the factory number or serial number on the frame or the bodywork;

      • 3.

        the engine number on the engine;

    • c.

      Windows:

      • 1.

        the truck shall have a windshield;

      • 2.

        the windshield, side, and rear windows shall be made of safety glass and of sustainable material, transparent from the inside as well as the outside, and not have cracks or discolorations hindering the driver’s view. Persons and objects shall be seen properly recognizable through this material;

      • 3.

        without dispensation it is prohibited to attach, stick, or affix any material to, on or against the windshield and side windows, restricting the driver’s view, or on account of which persons and objects can be seen vaguely, distortedly or not at all from the inside as well as the outside;

      • 4.

        tinted windshields and side windows in the front of the car shall let at least 35% of the light through. Along the top of the windshield, a tinted strip of 17,78 cm is permitted.

    • d.

      Wipers: They shall have at least one wiper, covering the entire windshield;

    • e.

      Mirrors: They shall have a left and a right outside mirror.

    • f.

      Design passenger cabin:

      • 1.

        if one or more persons are seated beside the driver, the free space of the seats shall be at least 60 centimeters for the driver and 40 centimeters for each of the other persons;

      • 2.

        only permitted to be beside or behind the driver are persons who are seated in the designated seats;

      • 3.

        motor vehicles of any year of manufacture after 1986 shall have proper fasteners for the seats that are available and used in the front, and seatbelts in good condition and properly mounted;

      • 4.

        motor vehicles of any year of manufacture after 1996 shall have a system preventing condensation at the inside of the windshield;

      • 5.

        they shall have a proper speedometer and a proper odometer that are properly readable to the driver by night, without causing hindrance;

    • g.

      Steering system: They shall have a proper steering system;

    • h.

      Tires:

      • 1.

        the wheels shall have proper tires;

      • 2.

        the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

    • i.

      Suspension springs: They shall have properly functioning suspension springs;

    • j.

      Brakes: They shall have two proper brakes; one brake, the service brake, shall brake all wheels; the braking force shall be divided over the wheels in such a manner that the chance of skidding of the vehicle is as small as possible; in case of combinations of a pulling vehicle and semi-trailer the wheels of the semi-trailer shall be braked simultaneously with or before and as much as the wheels of the pulling vehicle. The other brake shall brake at least two wheels, while those wheels shall be symmetrically on both sides of the vehicle; it shall be possible to secure it in operating condition, unless the vehicle has a separate securing device. The deceleration shall be at least 3.86 m/sec2 on a dry or almost dry and more or less horizontal road when exclusively using the service brake, and 1 m/sec2 when only using the other brake;

    • k.

      Horn: They shall have one horn with a fixed pitch and sufficiently loud. A combination of horns functioning simultaneously shall be considered to be one horn;

    • l.

      Design: The design shall be such that a risk of fire, explosion and hindrance for other road users caused by (thick) smoke or fume is prevented as much as possible;

    • m.

      Muffler: They shall have an original, or at least similarly noise-reducing, proper muffler, discharging the waste gas while reducing the noise;

    • n.

      Brake lights: They shall have two brake lights on both sides at the front and at the rear of the vehicle;

    • o.

      Blinkers: They shall have blinkers on both sides at the front and at the rear of the vehicle;

    • p.

      Lights:

      • 1.

        they shall have two low-beam and high-beam headlights on both sides of the motor vehicle emitting clear white or yellow light to the front;

      • 2.

        they shall have two taillights on both sides of the motor vehicle, not triangular, emitting clear red light to the rear;

      • 3.

        they shall have two properly functioning red reflectors on both sides of the motor vehicle at the rear that are not triangular, whether or not built in in the red taillights;

      • 4.

        they shall have rear license plate lighting emitting clear white light;

      • 5.

        the headlight and taillight and the light of the rear license plate shall be lit simultaneously.

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 5 BUSES

Article 87

  • 1. The following requirements shall apply to the design of buses.

    • a.

      Measurements:

      • 1.

        they shall not be higher than 4 meters;

      • 2.

        they shall not be wider than 2.5 meters;

      • 3.

        they shall not be longer than 12 meters;

      • 4.

        the total length with an attached trailer shall not exceed 18.75 meters;

    • b.

      Marks: They shall carry the following specifications applied in a properly readable place in simply readable, indelible characters:

      • 1.

        name or trademark of the manufacturer;

      • 2.

        the factory number or serial number on the frame or the bodywork;

      • 3.

        the engine number on the engine;

    • c.

      Windows:

      • 1.

        the motor vehicle shall have a windshield;

      • 2.

        the windshield, side, and rear windows shall be made of safety glass and of sustainable material, transparent from the inside as well as the outside, and not have cracks or discolorations hindering the driver’s view. Persons and objects shall be seen properly recognizable through this material;

      • 3.

        without dispensation it is prohibited to attach, stick, or affix any material to, on or against the windshield and side windows, restricting the driver’s view, or on account of which persons and objects can be seen vaguely, distortedly or not at all from the inside as well as the outside;

      • 4.

        tinted windshields and side windows in the front of the car shall let at least 35% of the light through. Along the top of the windshield, a tinted strip of 17,78 cm is permitted.

    • d.

      Wipers: They shall have at least one wiper, covering the entire windshield;

    • e.

      Mirrors: They shall have a left and a right outside mirror.

    • f.

      Design passenger cabin: They shall have a proper speedometer and a proper odometer that are properly readable to the driver by night, without causing hindrance;

    • g.

      Steering system: They shall have a proper steering system;

    • h.

      Tires:

      • 1.

        the wheels shall have proper tires;

      • 2.

        the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

    • i.

      Suspension springs: They shall have properly functioning suspension springs;

    • j.

      Brakes: They shall have two proper brakes; one brake, the service brake, shall brake all wheels; the braking force shall be divided over the wheels in such a manner that the chance of skidding of the vehicle is as small as possible; in case of combinations of a pulling vehicle and semi-trailer the wheels of the semi-trailer shall be braked simultaneously with or before and as much as the wheels of the pulling vehicle. The other brake shall brake at least two wheels, while those wheels shall be symmetrically on both sides of the vehicle; it shall be possible to secure it in operating condition, unless the vehicle has a separate securing device. The deceleration shall be at least 3.86 m/sec2 on a dry or almost dry and more or less horizontal road when exclusively using the service brake, and 1 m/sec2 when only using the other brake;

    • k.

      Horn: They shall have one horn with a fixed pitch and sufficiently loud. A combination of horns functioning simultaneously shall be considered to be one horn;

    • l.

      Design: The design shall be such that a risk of fire, explosion and hindrance for other road users caused by (thick) smoke or fume is prevented as much as possible;

    • m.

      Muffler: They shall have an original, or at least similarly noise-reducing, proper muffler, discharging the waste gas while reducing the noise;

    • n.

      Brake lights: They shall have two brake lights on both sides at the rear of the vehicle;

    • o.

      Blinkers: They shall have blinkers on both sides at the front and at the rear of the vehicle;

    • p.

      Lights:

      • 1.

        they shall have two low-beam and high-beam headlights on both sides of the motor vehicle emitting clear white or yellow light to the front;

      • 2.

        they shall have two taillights on both sides of the motor vehicle, not triangular, emitting clear red light to the rear;

      • 3.

        they shall have two properly functioning red reflectors on both sides of the motor vehicle at the rear that are not triangular, whether or not built in in the red taillights;

      • 4.

        they shall have rear license plate lighting emitting clear white light;

      • 5.

        the headlight and taillight and the light of the rear license plate shall be lit simultaneously.

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 6 TRAILERS

Article 88

  • 1. The following requirements shall apply to the design of trailers.

    • a.

      Measurements:

      • 1.

        they shall not be higher than 4 meters;

      • 2.

        they shall not be wider than 2.5 meters;

      • 3.

        they shall not be longer than 10 meters;

      • 4.

        the sum of the surfaces of the load area of two-axle or multi-axle trailers, located before the front axle and behind the rear axle, shall not exceed the surface of the load area located between the front and rear axle;

      • 5.

        the axle of single-axle trailers shall be approximately in the middle under the load area;

    • b.

      Coupler: They shall have a sufficiently strong, properly functioning coupler;

    • c.

      Lights:

      • 1.

        they shall have the same lights at the rear as required for the vehicle they have been attached to;

      • 2.

        they shall have two triangular red reflectors at the rear;

      • 3.

        they shall have rear license plate lighting emitting clear white light;

      • 4.

        the taillight and the light of the rear license plate shall be lit simultaneously.

    • d.

      Brake lights: They shall have two brake lights functioning simultaneously with the brake lights of the pulling vehicle;

    • e.

      Blinkers: They shall have blinkers at the rear functioning simultaneously with and meeting the requirements for the blinkers of the pulling vehicle;

    • f.

      Tires:

      • 1.

        the wheels shall have proper tires;

      • 2.

        the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 7 SEMI-TRAILERS

Article 89

  • 1. The following requirements shall apply to the design of semi-trailers.

    • a.

      Measurements:

      • 1.

        they shall not be higher than 4 meters;

      • 2.

        they shall not be wider than 2.5 meters;

      • 3.

        they shall not be longer than 13.60 meters;

      • 4.

        they shall be designed in such a manner that in case of even, normal load of the load area at least one-fourth (1/4) of the mass of the load rests on the coupler;

    • b.

      Coupler: They shall have a sufficiently strong, properly functioning coupler;

    • c.

      Lights:

      • 1.

        they shall have the same lights at the rear as required for the vehicle they have been attached to;

      • 2.

        they shall have two triangular red reflectors at the rear;

      • 3.

        they shall have rear license plate lighting emitting clear white light;

      • 4.

        the taillight and the light of the rear license plate shall be lit simultaneously.

    • d.

      Brake lights: They shall have two brake lights functioning simultaneously with the brake lights of the pulling vehicle;

    • e.

      Blinkers: They shall have blinkers at the rear functioning simultaneously with and meeting the requirements for the blinkers of the pulling vehicle;

    • f.

      Tires:

      • 1.

        the wheels shall have proper tires;

      • 2.

        the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 8 MOPEDS

Article 90

  • 1. The following requirements shall apply to the design of mopeds.

    • a.

      Measurements:

      • 1.

        they shall not be wider than 0.75 meter, including the load;

      • 2.

        mopeds on more than two wheels, designed for transportation of goods or persons other than the driver, and mopeds with sidecars shall not be wider than 1.5 meters, including the load;

    • b.

      Steering system: They shall have a proper steering system;

    • c.

      Horn, bell: They shall have one horn with a fixed pitch and sufficiently loud or a properly functioning bell or another device that gives a mechanical sound signal. A combination of horns functioning simultaneously shall be considered to be one horn;

    • d.

      Brakes: They shall have two proper brakes. The deceleration shall be at least 3.86 m/sec2 on a dry or almost dry and more or less horizontal road while using both brakes together;

    • e.

      Blinkers: They shall have blinkers at the front and at the rear. This does not apply if the driver occupies such a seat that the signals he gives with his arm are clearly visible to the traffic behind him and in front of him.

    • f.

      Muffler: They shall have an original, or at least similarly noise-reducing, proper muffler, discharging the waste gas while reducing the noise;

    • g.

      Brake lights: They shall have at least one brake light at the rear of the vehicle;

    • h.

      Lights:

      • 1.

        they shall have a properly functioning headlight;

      • 2.

        they shall have at least one properly functioning taillight;

      • 3.

        they shall have rear license plate lighting emitting clear white light;

      • 4.

        the taillight and the light of the rear license plate shall be lit simultaneously;

    • i.

      Tires:

      • 1.

        the wheels shall have proper tires;

      • 2.

        the tires shall have a tread depth of the main grooves of at least 1.6 millimeters;

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 9 BICYCLES

Article 91

  • 1. The following requirements shall apply to the design of bicycles.

    • a.

      Measurements:

      • 1.

        they shall not be wider than 0.75 meter, including the load;

      • 2.

        bicycles on more than two wheels, designed for transportation of goods or persons other than the driver, and bicycles with sidecars shall not be wider than 1.5 meters, including the load;

    • b.

      Steering system: They shall have a proper steering system;

    • c.

      Bell: They shall have a properly functioning bell or another device that gives a mechanical sound signal;

    • d.

      Brake: They shall have proper brakes;

    • e.

      Lights:

      • 1.

        they shall have a properly functioning headlight;

      • 2.

        they shall have at least one properly functioning taillight.

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Paragraph 10 CARTS

Article 92

  • 1. The following requirements shall apply to the design of carts.

    • a.

      Measurements:

      • 1.

        they shall not be higher than 3.5 meters;

      • 2.

        they shall not be wider than 2.5 meters;

      • 3.

        carts not meant to be hitched up shall not be wider than 1.5 meters, including the load;

    • b.

      Lights:

      • 1.

        they shall have two yellow or white reflectors that are not triangular on both sides at the front of the cart;

      • 2.

        they shall have two triangular red reflectors on both sides at the rear of the cart.

  • 2. Further design requirements can be set by or on behalf of the Executive Council.

Chapter V ROADWORTHINESS CERTIFICATES AND MARKS FOR VEHICLES IN INTERNATIONAL TRAFFIC

Paragraph 1 CERTIFICATE OF APPROVAL

Article 93

The driver is prohibited from driving a motor vehicle or moped on a road, unless he carries a valid certificate of approval issued for that motor vehicle or moped.

Article 94

  • 1. The certificate of approval for vehicles older than five years, being motor vehicles in the sense of the Island Ordinance Bus Services Saba and the Rental Motor Vehicle Tax Ordinance Saba, trucks, and self-propelled machines shall be valid for one year after its date.

  • 2. The certificate of approval for vehicles older than five years other than those referred to in the first paragraph shall be valid for two years after its date.

  • 3. Restrictive conditions can be set on the certificate of approval, also in connection with the type of transportation the vehicle is meant for.

  • 4. If there are justified reasons to assume that a vehicle for which a valid certificate of approval has been issued does not meet the requirements set, the owner shall cause the vehicle to be re-inspected on the demand of or on behalf of the Lieutenant Governor within a period to be set by him.

  • 5. If the re-inspection shows that the vehicle does not meet the requirements set in this Island Ordinance, the certificate of approval shall be declared invalid.

Article 95

Rules can be set by or on behalf of the Executive Council for:

  • a. the application for and issue of roadworthiness certificates;

  • b. the creation, organization, and management of registers concerning roadworthiness certificates issued;

  • c. the provision of information from the registers referred to in subparagraph b and the costs of this information.

Article 96

  • 1. If a motor vehicle or moped is transferred to another owner or holder, this new owner or holder shall register it within thirty days after the transfer, submitting proper proof of ownership, in the register referred to in Article 95, subparagraph b, and cause the relevant certificate of approval to be modified accordingly.

  • 2. The owner or holder has a similar obligation if the license number of a motor vehicle or moped has been modified.

Paragraph 2 MARKS AND DISTINGUISHING MARKS

Article 97

  • 1. In case of motor vehicles, except mopeds and motorcycles, the license number shall be attached clearly visible to the front and rear side of the motor vehicle.

  • 2. In case of mopeds and motorcycles, the license number shall be attached clearly visible at the rear of the vehicle.

  • 3. If the motor vehicle pulls a trailer, the license number shall be attached clearly visible at the front side of the pulling vehicle and at the rear side of the trailer.

  • 4. Rules can be set by or on behalf of the Executive Council for:

    • a.

      the application for and issue of license numbers;

    • b.

      the creation, organization and management of registers concerning license numbers issued;

    • c.

      the provision of information from the registers referred to in subparagraph b and the costs of this information;

    • d.

      how the license number shall be attached to the vehicle.

Article 98

Rules can be set by or on behalf of the Executive Council for:

  • a. the application for and issue of registration certificates;

  • b. the creation, organization, and management of registers concerning registration certificates issued;

  • c. the provision of information from the registers referred to in subparagraph b and the costs of this information.

Article 99

Reserved

Chapter VI DRIVER’S LICENSES

Article 100

  • 1. With the exception of the provisions in Articles 112, 113, 115, subparagraphs b and c, the driver is prohibited from driving a motor vehicle on a road, unless he has a valid driver’s license registered in his name for driving a motor vehicle of the type that he drives, which driver’s license has been issued by or on behalf of the Lieutenant Governor, and has been designed in accordance with a model belonging to this Ordinance, to be determined by the Lieutenant Governor.

  • 2. A driver of a moped is prohibited from driving on a road unless he has reached the age of 16, and:

    • a.

      carries a valid license registered in his name, issued by or on behalf of the Lieutenant Governor, designed in accordance with a model belonging to this Ordinance, or

    • b.

      has a valid driver’s license as referred to in Article 101, paragraph 1.

  • 3. The first and second paragraph shall not apply to military drivers, as far as these drivers carry a valid driver’s license or valid license for driving the type of military vehicle or moped that they drive, issued by the competent military authority.

  • 4. A driver is prohibited from driving on a road with a self-propelling machine, unless he has reached the age of 18 and has a valid driver’s license B, C, or D, designed in accordance with a model belonging to this Ordinance.

  • 5. Further rules can be set for the licenses referred to in the second and third paragraph by or on behalf of the Executive Council.

Article 101

  • 1. Driver’s licenses as referred to in Article 100, first paragraph, shall be issued for driving the following categories of motor vehicles:

    • a.

      motorcycles with or without sidecars, and three-wheeled motor vehicles: driver’s license A;

    • b.

      motor vehicles not being vehicles referred to in subparagraph a, meant for transportation of persons with no more than eight seats beside that of the driver, and motor vehicles meant for goods transportation the maximum permitted mass of which does not exceed 3,500 kg (7,700 lbs). The motor vehicles of this category may pull a light trailer: driver’s license B;

    • c.

      motor vehicles meant for transportation of goods, the maximum permitted mass of which exceeds 3,500 kg (7,700 lbs). The motor vehicles of this category may pull a light trailer: driver’s license C;

    • d.

      motor vehicles meant for transportation of persons with more than eight seats beside that of the driver. The vehicles of this category may pull a light trailer: driver’s license D;

    • e.

      motor vehicles referred to in subparagraphs b, c, and d, for which the driver has a driver’s license, with a trailer other than a light trailer: driver’s license B-E, C-E, or D-E;

    • f.

      motor vehicles referred to in subparagraph b, with automatic transmission: driver’s license B provided with code 78.

  • 2. A driver’s license as referred to in the first paragraph shall be issued for driving a motor vehicle by a driver who can only drive a motor vehicle meeting certain requirements due to a physical impairment, only for driving a motor vehicle meeting those requirements. This impairment shall be specified on the driver’s license.

  • 3. It is prohibited to drive a motor vehicle not being a motor vehicle as referred to in the first paragraph, subparagraphs a through e, without a license issued by or on behalf of the Lieutenant Governor. Further rules can be given for the requirements to qualify for such license by or on behalf of the Executive Council.

  • 4. “Light trailers” shall be those the maximum permitted mass of which does not exceed 750 kg (1,650 lbs).

  • 5. For driving motor vehicles meant for transportation of persons with more than fifteen seats beside that of the driver, the driver shall have a license issued by or on behalf of the Lieutenant Governor beside a driver’s license as referred to in subparagraph d of the first paragraph.

  • 6. Further rules can be set for the requirements to qualify for a license as referred to in the fifth paragraph by or on behalf of the Executive Council.

Article 102

A driver’s license as referred to in Article 100, first paragraph, shall only be issued for the first time to the person who:

  • a. has reached the age of 18, on the understanding that the driver of motor vehicles as referred to in Article 101, first paragraph, subparagraphs c, d and f, must have reached the age of 21;

  • b. submits a certificate issued by or on behalf of the head of the body charged by the Executive Council with examining the ability to drive, showing competence and skill to act as driver of a motor vehicle of the type for which he applies for a driver’s license;

  • c. submits a certificate of his physical and mental fitness, issued by a person authorized to practice medicine in Saba. This certificate shall not be issued more than two months before the examination referred to in subparagraph b is taken, and shall be designed in accordance with a model belonging to this Ordinance.

Article 103

By or on behalf of the Executive Council it shall be determined what requirements of competence the applicant of a driver’s license has to meet to obtain the certificate referred to in Article 102, subparagraph b, and rules shall be given for the composition and working method of the body referred to in Article 102, subparagraph b.

Article 104

  • 1. It is prohibited to intentionally make an incorrect statement in the application or when giving information to obtain a driver’s license, duplicate driver’s license, or license.

  • 2. The person charged with the issue of driver’s licenses shall declare a driver’s license issued by him invalid for one or more categories of motor vehicles if in his opinion there is evidence that the driver’s license for this category or these categories of motor vehicles has been issued based on incorrect information provided and the driver’s license would not have been issued if the inaccuracy of the statement would have been known at the time of the application.

  • 3. The person who declares the driver’s license invalid for one or more categories shall promptly notify the person concerned hereof by certified letter.

  • 4. The invalidation referred to in the second paragraph shall have effect as of the seventh day after the date of the notice.

  • 5. The person whose driver’s license has been declared invalid shall surrender it within seven days after that of the notice to the Lieutenant Governor or a body designated by him.

Article 105

  • 1. A register shall be kept by or on behalf of the Lieutenant Governor, stating:

    • a.

      the date on which and the type of the motor vehicle or motor vehicles for which the driver’s license is issued;

    • b.

      the name, residence, and the date and place of birth of the holder of the driver’s license;

    • c.

      the date on which the driver’s license is revoked, loses its validity, or becomes valid again.

  • 2. Information from the register referred to in the first paragraph shall only be provided to the bodies charged with judicial investigation.

Article 106

The Lieutenant Governor can set further requirements for the documents to be submitted by the applicant of a driver’s license.

Article 107

No driver’s license shall be issued to the person:

  • a. whose driver’s license has been revoked, for the duration of the revocation, and also as long as the reason for the revocation has not ceased to exist;

  • b. who has been denied the right to drive motor vehicles in case of a judicial decision that has become irrevocable, for the duration of this denial;

  • c. regarding whom there are justified reasons to assume that he can be prosecuted for an offense based on which, in case of a conviction, he can be denied the right to drive motor vehicles by judicial decision;

  • d. who has been denied the right to drive a motor vehicle pursuant to Article 3 of the BES Act on liability of drivers, right to drive and ability to drive, for the duration of this denial;

  • e. who has been demanded to surrender the driver’s license pursuant to Article 125, and to whom this driver’s license has not been returned.

Article 108

The Lieutenant Governor or a body or person designated by him shall notify the person concerned of the refusal to issue a driver’s license, stating the reason the refusal is based on.

Article 109

A driver’s license issued pursuant to Article 100, first paragraph, shall be valid for five years, counting from the date of issue.

Article 110

  • 1. In case of issue of driver’s licenses to persons who have a driver’s license issued pursuant to Article 112, third paragraph, a certificate as referred to in Article 102, subparagraph c, shall be submitted.

  • 2. If the applicant of a driver’s license has a driver’s license issued pursuant to this Ordinance, or issued in the public entities of Bonaire or Statia, the countries of Aruba, Curaçao, the Netherlands, or St. Maarten, the validity of which has expired for more than two years, a certificate referred to in Article 102, subparagraph b, shall be submitted.

Article 111

  • 1. Duplicates can be issued for lost, worn, wholly or partially illegible, or destroyed driver’s licenses and licenses by or on behalf of the Lieutenant Governor.

  • 2. Worn or wholly or partially illegible driver’s licenses and licenses for which replacements are issued shall be surrendered. The driver’s licenses and licenses for which replacements are issued shall lose their validity.

Article 112

  • 1. Article 101, first paragraph, shall not apply to the driver of a motor vehicle living outside the public entity of Saba, who as owner uses a valid international driver’s license issued outside the public entity of Saba pursuant to Article 24 of the Geneva Convention of September 19, 1949, on Road Traffic.

  • 2. Put on a par with an international driver’s license as referred to in the first paragraph shall be a driver’s license issued by the competent authority of states or individual parts hereof that are parties to aforementioned Convention, as far as not determined differently by the Lieutenant Governor.

  • 3. Driver’s licenses issued by the local competent authorities in the Netherlands, Aruba, Curaçao, or St. Maarten or the public entities of Statia or Bonaire shall be put on a par with driver’s licenses issued pursuant to Article 100, first paragraph.

  • 4. Residents of Saba with a driver’s license issued by the local competent authorities in Statia or Bonaire, shall by expiration exchange this driver’s license for a driver’s license issued by the Lieutenant Governor of Saba.

  • 5. Residents of Saba with a driver’s issued by the local competent authorities in the Netherlands, Aruba, Curaçao or St. Maarten, shall exchange this driver’s license for a driver’s license issued by the Lieutenant Governor of Saba within three (3) months after registration with the Census Office Saba.

Article 113

Persons who reside in the public entity of Saba temporarily and who meet the provision in Article 102, subparagraph a, can be granted a license to act as driver of motor vehicles for a period not exceeding three months by the Lieutenant Governor on presentation of a valid foreign driver’s license issued in their name.

Article 114

  • 1. A practice license for three months can be issued by or on behalf of the Lieutenant Governor to become skilled in driving a motorcycle on the road.

  • 2. Further rules can be set for the practice license by or on behalf of the Executive Council.

Article 115

No driver’s license is required for:

  • a. drivers of motor vehicles who have to subject themselves to an examination of their ability to drive, on the date and around the time the examination is conducted. They shall have a notice for that examination. This notice shall be surrendered for inspection immediately upon request of an investigating officer;

  • b. drivers of motorcycles who have a practice license issued by the Lieutenant Governor to become skilled in driving a motorcycle on the road;

  • c. drivers of motor vehicles on more than two wheels during the time the driver has driving lessons, provided that the driver does not transport any other persons than the driving instructor;

  • d. military drivers for driving military vehicles, provided that these drivers have a valid military driver’s license for driving the category of military motor vehicle that they drive, issued by the competent military authority.

Article 116

  • 1. The person under whose supervision another person drives a motor vehicle shall meet the following conditions:

    • a.

      he occupies such a seat as compared to the person who drives the motor vehicle under supervision that he can intervene adequately;

    • b.

      the person who drives the motor vehicle under supervision:

      • has reached the age of eighteen;

      • has not been denied the right to drive motor vehicles;

      • and his driver’s license has not been collected or revoked.

  • 2. It is prohibited to drive a motor vehicle on the road under supervision if the supervisor acts in conflict with the first paragraph.

  • 3. Further rules can be set for the implementation of this Article by or on behalf of the Executive Council.

Article 117

Driver’s licenses and licenses as referred to in this chapter, as well as their duplicates, shall be issued against payment of an amount to be determined by or on behalf of the Executive Council.

Article 118

  • 1. The driver’s license shall lose its validity and be revoked by the Lieutenant Governor if it has been determined medically upon admitting the holder to a mental hospital that the holder is not able to drive a vehicle of the category the driver’s license relates to due to his mental condition.

  • 2. The Lieutenant Governor is authorized, stating the reason to the person concerned in writing, to revoke the driver’s license if there are justified reasons to assume that the holder hereof:

  • 3. is unfit or incompetent to drive a motor vehicle of a category or motor vehicles of categories as stated in that driver’s license;

  • 4. is guilty of a criminal offense, for which, in case of a conviction, he can be denied the right to drive motor vehicles by judicial decision.

  • 5. The driver’s license can be revoked for one or more categories.

  • 6. The Lieutenant Governor has similar authority as referred to in the second paragraph regarding driver’s licenses issued abroad during the period of denial of the right to drive, but never longer than during the holder’s stay in the public entity.

Article 119

The revocation shall be in effect for the duration for which the driver’s license has been issued, unless:

  • a. in the case referred to in Article 118, first paragraph, it has been determined medically upon dismissal from a mental hospital that revocation is no longer necessary;

  • b. in the case referred to in Article 118, second paragraph, subparagraph a, a certificate as referred to in Article 102, subparagraph b or c, issued after the revocation, shows that the driver is fit and competent;

  • c. in the case referred to in Article 118, second paragraph, subparagraph b, the court has decided by irrevocable decision that the person is innocent or the Public Prosecution Service refrains, according to written notification to the Lieutenant Governor, from the prosecution of the driver based on which the license has been revoked.

Article 120

For the purposes of the provisions of this chapter, voluntary compliance with the condition set by the competent official of the Public Prosecution Service by virtue of Article 76 of the Criminal Code BES shall be put on a par with a judicial decision that has become irrevocable.

Article 121

  • 1. The bodies charged with enforcement and supervision of this Ordinance shall be notified of the revocation of the driver’s license in writing by or on behalf of the Lieutenant Governor.

  • 2. The person concerned shall promptly be notified of the revocation of the driver’s license by certified letter, stating reasons, by or on behalf of the Lieutenant Governor.

Article 122

  • 1. The person whose driver’s license has been revoked shall surrender it immediately and if he does not carry it with him, surrender it within two times 24 hours to the Lieutenant Governor or a body designated for this purpose.

  • 2. The person who knows or should reasonably know that his driver’s license has been revoked or has been declared invalid as referred to in Article 104 is prohibited from driving a motor vehicle on a road during the period of this revocation.

  • 3. A similar obligation to surrender the driver’s license shall exist:

    • a.

      if it has lost its validity pursuant to Article 3 of the BES Act on liability of drivers, right to drive and ability to drive. The person who has issued the driver’s license shall return it to the person in whose name it is registered after the period of denial has expired;

    • b.

      if this driver’s license has been declared invalid for one or more categories of motor vehicles pursuant to Article 104.

Article 123

  • 1. If there are justified reasons to assume that the holder of a driver’s license lacks the knowledge or skill or the physical or mental capacity to drive one or more categories of motor vehicles for which this driver’s license has been issued, he can be demanded to submit to an examination of his ability to drive or his fitness. The Lieutenant Governor can give further rules for exercising this power.

  • 2. In case of refusal to cooperate in the examination referred to in the first paragraph, or if this examination shows that the holder of a driver’s license lacks the knowledge or skill or the physical or mental capacity to drive one or more categories of motor vehicles for which this driver’s license has been issued, the driver’s license shall be revoked by the Lieutenant Governor.

Article 124

  • 1. If the driver’s license has not been declared invalid for all categories for which it has been issued as referred to in Article 104, or has been revoked for one or more categories, the person charged with the issue of driver’s licenses shall issue a driver’s license that is valid for the category or categories the invalidation or revocation does not relate to.

  • 2. For the holder of a valid driver’s license who no longer has the physical or mental capacity to drive one or more categories of motor vehicles for which this driver’s license has been issued, or who has this capacity for a period shorter than the period for which this driver’s license is still valid, a new driver’s license shall be issued on his request, valid for the categories of motor vehicles for which the person concerned has the physical or mental capacity or valid for the period during which the person concerned has this capacity. The driver’s license for which a new driver’s license is issued shall be surrendered and lose its validity.

Article 125

  • 1. Immediately upon request of the investigating officer as referred to in Article 184 of the Code of Criminal Procedure BES, the driver against whom a report is made for violation of Article 27 or 28 shall surrender the driver’s licenses, license or driver’s licenses as referred to in Article 118, issued to him pursuant to this Ordinance.

  • 2. The driver’s license, license or driver’s license as referred to in Article 118 that has been collected shall be sent to the Public Prosecutor within 48 hours, together with the official report. He is authorized to retain this driver’s license or license until the judicial decision has become final and conclusive or, if the driver has been denied the right to drive motor vehicles by this decision, until the time this decision can be enforced with regard to the additional punishment of denial. In the latter case, the Public Prosecutor shall surrender the driver’s license, license or driver’s license as referred to in Article 118 after that time to the person who has issued this license or these licenses.

  • 3. Driver’s licenses issued abroad shall never be retained longer than during the stay of the holder in the public entity.

  • 4. If the first paragraph is applied, the motorcycle or moped can be impounded by the investigating officer who draws up the official report. In that case, the motorcycle or moped shall be taken to an impoundment lot at the suspect’s expense, and kept in custody there until it is collected by or on behalf of the owner or holder against payment of the costs of transportation and custody. Paragraphs 3 through 10 of Article 129 shall apply by analogy to these costs.

  • 5. The investigating officer who exercises the power referred to in the first paragraph and the Public Prosecutor who exercises the power referred to in the second paragraph shall promptly notify the manager of the register referred to in Article 105 hereof. If the Public Prosecutor returns the driver’s license to the holder, he shall give similar notice hereof.

Article 126

The holder of a driver’s license who knows or should know that his driver’s license has been declared invalid as referred to in Article 104 or has been revoked for one or more categories is prohibited from driving a motor vehicle of this category or these categories, unless he has been issued another driver’s license, valid for the category of vehicle that he drives.

Chapter VII PENAL PROVISIONS

Article 127

The investigating officers referred to in Article 184 of the Code of Criminal Procedure BES shall be charged with the supervision of the compliance with the provisions in this Island Ordinance.

Article 128

  • 1. Immediately upon request of the officers referred to in Article 127, the driver of a vehicle shall stop the vehicle and give these officers the opportunity to verify the compliance with this Island Ordinance.

  • 2. If the driver of a vehicle acts in conflict with the rules set in or by virtue of this Island Ordinance, the officer referred to in Article 127 can impound the vehicle.

  • 3. If the vehicle is impounded, the investigating officer shall enter the vehicle, if necessary, and transport it to an impoundment lot and keep it in custody there.

  • 4. Entering and transporting the vehicle and keeping it in custody shall take place at the suspect’s risk and expense. The vehicle shall be kept in custody in an impoundment lot until it has been decided by the Public Prosecutor or judicial decision to return it. The provision in Article 129, seventh paragraph, shall apply to the costs of the transportation and custody.

Article 129

  • 1. A vehicle, trailer or semi-trailer, stationary on a road, that:

    • causes a hazard;

    • obstructs the freedom of traffic;

    • is in a location not meant for it;

    • does not meet the conditions applicable to a parking zone as referred to in Article 61, second paragraph, number 2, or

    • in the cases referred to in Article 23;

can be impounded by the investigating officer referred to in Article 127 and transported to a place designated by the Lieutenant Governor and placed in custody.

  • 2. Awaiting the transportation of a vehicle, trailer or semi-trailer by virtue of the provision in the first paragraph, the investigating officer can attach a wheel clamp to the vehicle, trailer or semi-trailer.

  • 3. Before transportation of the vehicle, trailer or semi-trailer to the place referred to in the first paragraph begins, the wheel clamp can be removed by the investigating officer on the request of the owner or holder of the vehicle, trailer or semi-trailer upon payment of the costs for attaching and removing the wheel clamp to a person or body designated by the Lieutenant Governor.

  • 4. The vehicle, trailer or semi-trailer shall be towed, placed in custody, and a wheel clamp shall be attached at the risk and expense of the owner or holder.

  • 5. An entry of the cases in which the power referred to in the first or second paragraph is exercised shall be made by or on behalf of the Lieutenant Governor in a register created for this purpose.

  • 6. Custody of the vehicles placed in custody pursuant to the first paragraph shall be taken care of by or on behalf of the Lieutenant Governor.

  • 7. The vehicle, trailer or semi-trailer shall be returned to the owner or holder who had it in use at the time of the transportation by or on behalf of the Lieutenant Governor against payment of the costs of transportation and custody.

  • 8. When the vehicle, trailer or semi-trailer has not been collected within 48 hours after it has been placed in custody, the Lieutenant Governor shall notify the owner or holder or the person who has reported it missing if possible within seven days after the transportation and placement in custody.

  • 9. Further rules can be set by island decree of general scope for:

    • the transportation and cost of transportation;

    • the placement in custody and the costs of the custody;

    • the costs of attaching and removing wheel clamps;

    • the sale, transfer of ownership free of charge, and destruction;

    • the register referred to in the third paragraph, and anything else required for the implementation of this Article.

Article 130

  • 1. If an offense penalized by this Island Ordinance has been committed with a motor vehicle, moped, or disabled vehicle by a driver of this vehicle who has remained unknown, and the owner or holder of this vehicle has not already been penalized for the offense beside the driver, the owner or holder of this vehicle or the person in whose name the license number is registered shall disclose the identity of the driver immediately upon request of an investigating officer within 48 hours.

  • 2. The person who, if he is not able to disclose the identity of the driver, discloses the identity of the person to whom he has made the motor vehicle or moped available shall not be liable to punishment.

  • 3. The first paragraph shall not apply if the owner or holder or the person in whose name the license number is registered has not been able to determine who the driver was and he cannot reasonably be blamed for it.

Article 131

  • 1. Acting in conflict with Articles 10, first paragraph, subparagraph c, 27, 28, 29, 31, 32, 33, 100, 104, first paragraph, 118, second paragraph, subparagraph b, and 126 shall be considered a minor offense and be punished with imprisonment not exceeding three months or a fine of the second category.

  • 2. Acting in conflict with the other provisions of this Island Ordinance shall be considered to be a minor offense and shall be punished with imprisonment not exceeding thirty days or a fine of the first category.

Article 132

  • 1. Confiscation can be ordered in case of conviction of an offense penalized by this Island Ordinance.

  • 2. Subject to confiscation shall be the objects owned by the convicted person:

    • a.

      through which the offense has been committed;

    • b.

      with which the offense has been committed.

Chapter VIII DISPENSATIONS AND LICENSES

Article 133

  • 1. The Lieutenant Governor can grant dispensation or a license with regard to Article 24, first paragraph, Article 4, first paragraph, as far as it concerns the road signs C1, C2, C4, C6 through C16, D2, D4 through D7, E1 and E2, E6, E7, F7, G1 and G3 and the traffic signs referred to in Articles 16, 17, 18, as far as it concerns large buses as referred to in the Island Ordinance Bus Services Saba, and with regard to Articles 60, second paragraph, subparagraphs b, d, and e, 61, second paragraph, subparagraphs a, b, e, d, and f, and 82, and as far as it concerns motor vehicles, Article 34, first paragraph, Article 49, first paragraph, Article 77, Article 85, first paragraph, subparagraph c, Article 86, first paragraph, subparagraph c, number 3, and Article 87, first paragraph, subparagraph c, number 3.

  • 2. The Lieutenant Governor can grant dispensation from the provisions of this Island Ordinance for the public services or companies put on a par with them.

  • 3. Conditions can be attached to dispensations, exemptions, and licenses granted by or by virtue of this Island Ordinance.

  • 4. Dispensations and licenses as referred to in this Ordinance shall be issued against payment of an amount to be determined by or on behalf of the Executive Council.

Chapter IX TRANSITIONAL AND FINAL PROVISIONS

Article 134

All measures, orders, instructions, and specifications on road traffic, which are in effect or have been installed when this Island Ordinance takes effect, shall be deemed to have been issued or installed pursuant to this Island Ordinance, until they have been replaced with new measures, orders, instructions, and specifications based on this Ordinance.

Article 135

The road signs already installed under the old ordinance shall remain in effect until they have been replaced with new signs.

Article 136

Roadworthiness certificates, registration certificates, and driver’s licenses and licenses issued before this Island Ordinance takes effect shall be deemed to have been issued in accordance with the provisions of this Island Ordinance, and shall remain valid for the period for which they have been granted.

Article 137

Dispensations granted by or by virtue of the Road Traffic Ordinance Leeward Islands (Official Bulletin 1963, No. 5) shall be deemed to have been issued in accordance with the provisions of this Island Ordinance, and shall remain valid for the period for which they have been granted.

Article 138

  • 1. This Island Ordinance shall take effect one month after promulgation, except Articles 77 paragraphs 1,3 and 4, 93, 94, 95, and 96.

  • 2. Articles 93, 94, 95, and 96 shall take effect on a date to be determined by the Executive Council, which may differ for each Article.

  • 3. Article 77 paragraphs 1, 3 and 4 will take effect one year after promulgation of this Island Ordinance.

Article 139

The Road Traffic Ordinance Leeward Islands (Official Bulletin 1963, No. 5) shall be repealed.

Article 140

This Island Ordinance shall be cited as: Road Traffic Ordinance Saba.

Ondertekening

Enacted in the public assembly of May 5th 2022.

The Island Registrar,

A.M. Levenstone

The President of the Island Council,

J.G.A. Johnson M.ed.

Annex 1 belonging to Official Bulletin 2022/01

ROAD SIGNS

If the signs included in this annex are displayed on a matrix sign, the black symbol may be shown in white and the white field in black.

CHAPTER: A Speed.

Description

A 1

afbeelding binnen de regeling

Speed limit; the speed limit indicated may vary

Description

A 2

afbeelding binnen de regeling

End speed limit

Description

A 3

afbeelding binnen de regeling

Zone sign speed limit; the speed limit indicated may vary

Description

A 4

afbeelding binnen de regeling

Zone sign end speed limit; the speed limit indicated may vary

CHAPTER: B Right of way.

Description

B 1

afbeelding binnen de regeling

Priority road

Description

B 2

afbeelding binnen de regeling

End of priority

Description

B 3

afbeelding binnen de regeling

Crossroads with priority

Description

B4

afbeelding binnen de regeling

Give right of way to traffic on main road ahead

Description

B 5

afbeelding binnen de regeling

Stop; Give right of way to traffic on main road ahead

Description

B 6

afbeelding binnen de regeling

Priority road bending to the left

Description

B 7

afbeelding binnen de regeling

Priority road bending to the right

CHAPTER: C No-entry signs.

Description

C 1

afbeelding binnen de regeling

Closed for traffic in both directions

Description

C 2

afbeelding binnen de regeling

One-way road; closed for traffic in this direction

Description

C 3

afbeelding binnen de regeling

One-way road

Description

C4

afbeelding binnen de regeling

One-way road

Description

C 5

afbeelding binnen de regeling

No access for motor vehicles on more than two wheels

Description

C 6

afbeelding binnen de regeling

No access for trucks

Description

C 7

afbeelding binnen de regeling

No access for motor vehicles with trailers

Description

C 8

afbeelding binnen de regeling

No access for motor vehicles on two or three wheels

Description

C 9

afbeelding binnen de regeling

No access for motor vehicles

Description

C 10

afbeelding binnen de regeling

No access for bicycles and non-motor-powered disabled vehicles

Description

C 11

afbeelding binnen de regeling

No access for pedestrians

Description

C 12

afbeelding binnen de regeling

No access for vehicles and combinations of vehicles that, including the load, are longer than indicated on the sign

Description

C 13

afbeelding binnen de regeling

No access for vehicles and combinations of vehicles that, including the load, are wider than indicated on the sign

Description

C 14

afbeelding binnen de regeling

No access for vehicles and combinations of vehicles that, including the load, are higher than indicated on the sign

Description

C 15

afbeelding binnen de regeling

No access for vehicles the axle load of which exceeds what is indicated on the sign

Description

C 16

afbeelding binnen de regeling

No access for vehicles and combinations of vehicles the total mass of which is higher than indicated on the sign

CHAPTER: D Directions of traffic.

Description

D 1

afbeelding binnen de regeling

Roundabout; mandatory direction

Description

D 2

afbeelding binnen de regeling

Instruction for all traffic to pass the sign on the side indicated by the arrow

Description

D 3

afbeelding binnen de regeling

Sign can be passed on both sides

Description

D4

afbeelding binnen de regeling

Instruction to follow the direction indicated by the sign

Description

D 5

afbeelding binnen de regeling

Instruction to follow the direction indicated by the sign; right

Description

D 6

afbeelding binnen de regeling

Instruction to follow the direction indicated by the sign; left

Description

D 7

afbeelding binnen de regeling

Instruction to follow either direction indicated by the sign

Description

D 8

afbeelding binnen de regeling

Instruction to follow either direction indicated by the sign

CHAPTER: E Parking and stopping

Description

E 1

afbeelding binnen de regeling

No parking on the side of the road sign

Description

E 2

afbeelding binnen de regeling

No stopping on the side of the road sign

Description

E 3

afbeelding binnen de regeling

No parking bicycles and mopeds on the side of the road sign

Description

E4

afbeelding binnen de regeling

Parking

Description

E 5

afbeelding binnen de regeling

Disabled parking space

Description

E 6

afbeelding binnen de regeling

Taxi parking space

Description

E 7

afbeelding binnen de regeling

Blue zone; controlled parking zone

Description

E 8

afbeelding binnen de regeling

End blue zone; controlled parking zone

CHAPTER: F Other instructions.

Description

F 1

afbeelding binnen de regeling

No overtaking for motor vehicles

Description

F 2

afbeelding binnen de regeling

End no overtaking for motor vehicles

Description

F 3

afbeelding binnen de regeling

No overtaking of motor vehicles by trucks

Description

F4

afbeelding binnen de regeling

End no overtaking of motor vehicles by trucks

Description

F 5

afbeelding binnen de regeling

Give way to oncoming vehicles

Description

F 6

afbeelding binnen de regeling

Priority over oncoming vehicles

Description

F 7

afbeelding binnen de regeling

No U-turns

Description

F 8

afbeelding binnen de regeling

End of all road sign restrictions

Description

F9

afbeelding binnen de regeling

Stop; the sign can indicate by whom or why the sign is applied

CHAPTER: G Behavioral signs.

Description

G 1

afbeelding binnen de regeling

Footpath

Description

G 2

afbeelding binnen de regeling

End footpath

Description

G 3

afbeelding binnen de regeling

Compulsory cycle track

Description

G 4

afbeelding binnen de regeling

End compulsory cycle track

CHAPTER: H Built-up area

Description

H 1

Built-up area

Description

H 2

End built-up area

CHAPTER: I Information signs

Description

I 1

afbeelding binnen de regeling

Hospital

Description

I 2

afbeelding binnen de regeling

Bus stop

Description

I 3

afbeelding binnen de regeling

Through traffic blocked

Description

I 4

afbeelding binnen de regeling

Aid station or contact point

CHAPTER: J Warning signs

Description

J 1

afbeelding binnen de regeling

Uneven road

Description

J 2

afbeelding binnen de regeling

Bend to right

Description

J 3

afbeelding binnen de regeling

Bend to left

Description

J 4

afbeelding binnen de regeling

Double bend, first to right

Description

J 5

afbeelding binnen de regeling

Double bend, first to left

Description

J 6

afbeelding binnen de regeling

Steep hill upwards

Description

J 7

afbeelding binnen de regeling

Steep hill downwards

Description

J 8

afbeelding binnen de regeling

Dangerous crossroads

Description

J 9

afbeelding binnen de regeling

Roundabouts; exclusively used as advance warning at a distance from a roundabout

Description

J 10

afbeelding binnen de regeling

Roadworks ahead

Description

J 11

afbeelding binnen de regeling

Road narrows on both sides

Description

J 12

afbeelding binnen de regeling

Road narrows on the right side

Description

J 13

afbeelding binnen de regeling

Road narrows on the left side

Description

J 14

afbeelding binnen de regeling

Slippery road

Description

J 15

afbeelding binnen de regeling

Children

Description

J 16

afbeelding binnen de regeling

Pedestrian crossing

Description

J 17

afbeelding binnen de regeling

Pedestrians

Description

J 18

afbeelding binnen de regeling

Cyclists

Description

J 19

afbeelding binnen de regeling

Loose chippings

Description

J 20

afbeelding binnen de regeling

Quayside

Description

J 21

afbeelding binnen de regeling

Livestock/donkeys

Description

J 22

afbeelding binnen de regeling

Two-way traffic

Description

J 23

afbeelding binnen de regeling

Danger (the type of danger is mentioned on the additional sign below)

Description

J 24

afbeelding binnen de regeling

Low-flying aircraft

Description

J 25

afbeelding binnen de regeling

Speed bump

CHAPTER: K Other signs

Description

K1

afbeelding binnen de regeling

No vehicles over height shown

Description

K2

afbeelding binnen de regeling

Pedestrian crossing

Description

K3

afbeelding binnen de regeling

No through road

Description

K4

afbeelding binnen de regeling

Advance warning no through road

Description

K5

afbeelding binnen de regeling

Water source: sign to indicate the presence of a water source on site for the fire department

Description

K6

afbeelding binnen de regeling

Warning, speed bumps

Description

K7

afbeelding binnen de regeling

Warning, children playing

Description

K8

afbeelding binnen de regeling

Mind our children

Description

K9

afbeelding binnen de regeling

Cyclists to the roadway

Description

K10

afbeelding binnen de regeling

Cyclists to the cycle track/cycle lane

Memorandum of understanding

General considerations

Introduction

The Road Traffic Ordinance Leeward Islands (Official Bulletin 1963, No. 5) has applied to road traffic in Saba since 1963. In the past half century, this traffic legislation was not modified, except for a few amendments. Considering the changes in the traffic situation and technical developments, after almost half a century a comprehensive revision of the road traffic ordinance is inevitable.

After the political renewal of October 10, 2010, little has happened regarding traffic law enforcement. The Saba community strongly expressed the desire to increase road safety and combat traffic nuisance. This Ordinance intends to set clearer standards and goes hand in hand with the recent development of a broad enforcement policy.

Legal context

The Road Traffic Ordinance Leeward Islands is almost identical to the old Road Traffic Ordinances of Aruba, Bonaire, and Curaçao that date back to 1957. Unfortunately, not much could be found concerning the realization of these ordinances. For some legislative history context, reference can be made to the Explanatory Memorandum of the new Road Traffic Ordinance Bonaire (Official Bulletin 2019, No. 4):

“In order for the Geneva Convention’s application to extend to us, in 1957 suddenly legislation had to be realized, particularly for driver’s licenses and registration certificates. The Explanatory Memorandum showed that temporary legislation was opted for, based on the Dutch Road Traffic Regulations, upon which the process could begin to realize a final road traffic ordinance. An official committee formed proposed in 1958 to engage an expert in this area who would draw up a draft road traffic ordinance adjusted to the local situation. Following the Netherlands, a national ordinance was opted for as framework act, which draft would be commented on and amended by a national committee. However, this draft was not debated in parliament because of the political developments. These political developments were the reason to leave the duties and powers regarding road traffic to the island administrations, instead of a national law. The traffic regulations also remained a matter of the public entities during the political changes in 2010.”

How the Road Traffic Ordinance Leeward Islands was realized exactly, following from aforementioned history, is not entirely clear. A fact is the common background of these ordinances, and thus also the origin of the power of the Public Entity of Saba to adopt traffic regulations.

Outline of the legislative bill

Bonaire, Statia, and Saba have the same Public Prosecution Service and Dutch Caribbean Police Force, and exchange staff among the islands. In order to contribute to clarity and practicability as much as possible, Saba has followed Bonaire, which modernized road traffic legislation as the first of the BES Islands in 2019. Just like half a century before, the realization of the Road Traffic Ordinance Bonaire followed Dutch traffic legislation. The main reason is that despite the individual character of the traffic situation in Bonaire, there are major similarities with the traffic situation in the European Netherlands. The precise details of the new traffic ordinance have been modeled based on local custom and situation. Because of the small scale of Saba’s road network, it cannot be said as much that the traffic situation shows major similarities with that of the European Netherlands. Yet, because of aforementioned reasons of uniformity and focus on the future, we have opted to follow the Road Traffic Ordinance Bonaire, while also making adjustments to the local circumstances in the Saba traffic ordinance.

The old ordinance has largely been followed to organize the new ordinance, so that old routines can be fallen back on. The new ordinance contains new rules for situations that did not yet occur half a century ago, such as drivers holding mobile communication devices, which is now banned. Other provisions have also been added to promote safety, such as the use of helmets and child seats. Because of the similarity to the organization of the old ordinance, beside some general considerations the explanation per Article has been limited to clarification of the provisions that have been modified fundamentally or require an explanation for practical reasons.

An important change in the new Road Traffic Ordinance compared to the old regulation is that we have no longer attempted to prescribe a rule for every imaginable situation. Article 3 reflects in general how the road user should act. He is not permitted to hinder traffic when he does not have to. He cannot act either in such a manner that safety on the road is jeopardized or that it can be reasonably assumed that safety on the road can be jeopardized. We have made an effort to draw up clear traffic rules that can be memorized, are considered reasonable, and are taken seriously. Combined with suitable enforcement, this ordinance intends to lead to the desired traffic situation.

Bonaire attempted to follow practice in traffic. This led for instance to rules on getting in lane, zebra crossings, and roundabouts. These rules have been copied in Saba, but because of the local traffic situation they have little or no similarities to local practice. Yet, with aforementioned view on practicable enforcement and possible traffic developments in the future, this is not entirely empty ballast. It has consequently been considered advisable that for obtaining a driver’s license applicable in all of the Netherlands, the theoretical examination can be adjusted in such a manner that the examination can also cover traffic situations occurring outside Saba.

In several areas the Island Council has found the local traffic situation so different that it has deviated from the provisions of Bonaire. It concerns some design requirements of motor vehicles, the height of the maximum permitted blood alcohol level, and deviating speed limits. These reasons to deviate on these subjects are the specific local traffic situation, the number of traffic fatalities in Saba, which is considered low, and island culture.

Implementation and enforcement

The Road Traffic Ordinance Saba will be enforced based on an enforcement policy. The focus is to increase safety and to combat nuisance. Where suitable, enforcement of traffic rules has been chosen to be implemented gradually.

Articles deviating from the Road Traffic Ordinance Bonaire

The following table contains Articles relevant to the enforcement agency, which deviate from the substance of the Articles of the Road Traffic Ordinance Bonaire, followed by an indicative description of the content of the Articles in both ordinances at the time of the drafting.

Road Traffic Ordinance Saba

Road Traffic Ordinance Bonaire

Art. 24 par 2 subpar. f

Exception on art. 24 par. 1,

transportation of persons in

the load area of a vehicle is

allowed

Art. 28, par. 2,

subpar. a and b

No more than 352 micrograms of alcohol per liter of exhaled air, or 0.8 milligrams of alcohol per milliliter of blood

No more than 220 micrograms of alcohol per liter of exhaled air, or 0.5 milligrams of alcohol per milliliter of blood

Art. 57, subpar. a

Speed limit for motor vehicles within built-up area 30 km/h

Speed limit for motor vehicles within built-up area 40 km/h

Art. 58

Speed limits outside built-up area:

a. for motor vehicles 60 km/h

b. for mopeds 40 km/h

c. for disabled vehicles using the roadway 40 km/h

Speed limits outside built-up area:

a. for motor vehicles 60 km/h

b. for mopeds 55 km/h

c. for disabled vehicles using the roadway 30 km/h

Art. 61, par. 2,

subpar. a and h

No parking within 5 meters

No parking within 8 meters

Art. 77 par. 1,3 and 4

Will not go in effect during the first year

Art. 77 par. 5 subpar. c

Who are transported in the load area

Who are transported in the

load area by virtue of a license

Art. 83, 84, 85, 87, 90

They shall have an original, or at least similarly noise-reducing, proper muffler, discharging the waste gas while reducing the noise

They shall have a proper muffler, discharging the waste gas while reducing the noise

Art. 85, 86, 87

Tinted windshields and side windows in the front of the vehicle shall let at least 35% of the light through. Along the top of the windshield, a tinted strip of 17,78 cm/ 7 inches is permitted.

Windshields and side windows tinted by the manufacturer shall meet the translucence standard of 70%.

Art. 94, par. 1 and 2

Applicable to vehicles older than 5 years.

Applicable to all vehicles.

Art. 101 par. 1 subpar. f

Driving license B with code 78 for verhicles with automatic transmission

Art. 112 par 3,4 and 5

Driving license issued in Bonaire or Statia is valid on Saba until expiration date

Driving license issued elsewhere in the Kingdom should be exchanged to local license within 3 months after registration with census office.

Advice and consultation

The Road Traffic Ordinance Saba has largely been based on the Road Traffic Ordinance Bonaire, which was created with the efforts of the Public Entity of Bonaire, several traffic experts, the Public Prosecution Service, and the Dutch Caribbean Police Force. Input was obtained from the Bonaire Bureau for Driver’s Licenses and the traffic division of the Department of R&O and Dutch bodies such as the Ministry of Security and Justice and Infrastructure and the Environment.

The preliminary work and editing in Saba has mainly been effected by the Safety & Legal Division. Since 2020, the Lieutenant Governor has held town hall meetings, the youth council has been consulted, and the Island Council has debated. The local hospital and the Dutch Caribbean Police Force (KPCN) have given their input on the risk of not wearing seatbelts and transporting people in the load area. The option for phased enforcement has been discussed in this connection, leaving room for adjustment in the interim. The wishes produced by the consultations and debate have been processed in this ordinance.

Transition and taking effect

It has been chosen to include a period of one month between the promulgation of the ordinance and the taking effect hereof in the ordinance. This period will be used to inform the public and implement the ordinance and the enforcement policy.

There are currently no mandatory inspections for motor vehicles for private use. The Articles in chapter V, paragraph 1, Certificate of Approval, will take effect on a date to be determined later by island decree. Reference is made to the Island Ordinance Bus Services Saba; this Ordinance does not exist yet. When Article 94, paragraph 1, takes effect, the future Island Ordinance Bus Services Saba also has to take effect.

It is not clear now what international distinguishing mark will be used for a motor vehicle for Saba or the other islands of the Dutch Caribbean. Article 99 has been reserved for when there is a definitive decision on this.

Chapter IX contains several transitional provisions. They concern the phase-out policy for road signs until they have been replaced. Roadworthiness certificates and driver’s licenses, dispensations and licenses issued or granted based on the old ordinance will remain valid until they have expired.

Explanation per Article

Chapter I

Article 1

Article 1 contains the definitions applicable to this Ordinance (in the Dutch version in alphabetical order). It has been attempted, beside the terms already featured in the existing ordinance, to also include definitions of the terms that have already given rise to misunderstandings in the past, or the definition of which contributes to shorter, more concise, and consequently clearer formulation of the rules. In addition, some new definitions have been included.

Trailer:

This definition has been simplified considerably. All vehicles propelled or meant to be propelled by another vehicle belong to these. Semi-trailers, to be considered as trailers, have been defined individually.

c. Bus:

All motor vehicles described, whether or not used for public transportation, belong to this category.

d. Built-up area:

Based on Article 7, the Lieutenant Governor or a body designated by him will decide on installation of the traffic signs of Chapter H to define the built-up area.

f. Driver:

This definition makes an exception for pedestrians. They are road users, but not drivers.

j. Moped:

The bicycle with auxiliary engine used to be considered a “moped”. Consequently, the moped had to have the characteristics also applicable to bicycles, such as pedals. This is no longer the case.

k. Day:

In order to formulate the provisions for the use of lights as briefly and clearly as possible, the terms day and night are simply used. In this connection, it is necessary to define the terms day and night.

n. Bicycle:

In order to be able to qualify vehicles on more than two or three wheels as bicycles, the requirement for the number of wheels has been cancelled. It has also been chosen to expand the bicycle definition. Bicycles with pedal assistance with a speed limit of 30 km per hour are now also considered bicycles. These are for instance e-bikes and motorized bicycles, for instance. The fact that these bicycles can use the cycle track has been taken into account in determining the speed limit of bicycles with pedal assistance.

o. Cycle track or cycle lane:

In order to keep provisions for the place on the road as clear and brief as possible, a description of the term cycle track or cycle lane has been chosen that indicates from a legal and an infrastructure perspective that a designated separate road section exists that only cyclists are permitted to use.

t. Shark teeth:

The term shark teeth has been used because the road marking concerned is usually called like this in everyday language.

u. Taking over:

Considering the fact that in the past there was a misunderstanding concerning the term taking over, it has been chosen to include a definition hereof.

v. Driveway:

Although the terms driveway and exit were used in several provisions in the old ordinance, it did not include a definition hereof.

y. License number:

The tax license plate is called like this in practice.

aa. Crossing:

Crossings and Y-junctions of roads are often called crossings in everyday language.

qq. Sidewalk:

A footpath can be a sidewalk, but it does not always have to be. A sidewalk has been raised and follows the road.

ss. Exit:

See explanation of subparagraph v.

zz. Vehicles:

In the ordinance the word vehicle is used in several meanings. The context of the relevant Article will show what meaning to give it.

aaa. Pedestrian crossing or zebra crossing:

See explanation of Article 45.

bbb. Footpath:

As a separate road section has been defined for cyclists, pedestrians are also given their place. That a footpath does not always have to be raised, despite tradition in road construction, appears from the wording of this definition.

ccc. Giving right of way:

In the new ordinance an explicit description of the term giving right of way has been chosen. Instead of “giving free passage”, it now states letting drivers continue their way unhindered.

ggg. Road users:

As the definition indicates, everyone who enters traffic falls under this term. This is important particularly for the right-of-way rules.

iii: Motor vehicle with automatic transmission.

For the issuance of driver’s licenses in this category, the definition used in the Reglement Rijbewijzen is copied.

Article 2

Drivers of a disabled vehicle have been given some facilities, such as permission to use a footpath or sidewalk. The first paragraph of Article 2 serves to also apply to them the rights or obligations of pedestrians, if they use the footpath or sidewalk of cross from one to the other footpath or sidewalk. For instance, the driver of a disabled vehicle will be protected when he crosses a pedestrian crossing. In other cases, drivers follow the cyclist rules, unless the ordinance determines differently.

The second paragraph of Article 2 intends to eliminate the lack of clarity about the question whether persons moving with for instance roller skates, skateboards, and such objects that are not meant for normal movement and consequently do not qualify as vehicles are to be considered drivers. Persons who are walking on foot holding a vehicle such as a bicycle, moped, or motorcycle are qualified as pedestrians.

Article 3

Although the draft of this ordinance has attempted to reduce the number of rules and particularly to simplify them, safety and flow have remained decisive.

The text of Article 3 is largely identical to Article 5 of the old ordinance. The scope has been expanded somewhat, however. Consequently, this provision now also covers acts by which road traffic can be hindered. The old Article 5 only prohibited the actual, unnecessary hindrance of the freedom of traffic. Article 3 now also prohibits acts outside the road that lead or may lead to a danger on the road.

CHAPTER II. INSTRUCTIONS, ORDERS, AND TRAFFIC SIGNS

Paragraph 1. General provisions (Articles 4 through 7)

Article 4

The provision in the first paragraph of this Article has been included in chapter II, as it is advisable to include all provisions related to traffic signs in the same chapter.

Article 5

No distinction is made between instructions given to individual road users and instructions given to all traffic. Traffic controllers only have to give instructions as mentioned in annex 2 belonging to the ordinance. This approach increases clarity for the road user what instructions he may face and prevents problems with evidence if deviating gestures or signs are used.

Article 6

The provision in the first paragraph of Article 6 is new. If an instruction corresponding with a traffic sign on site or a traffic rule is ignored, the suspect has to be blamed for ignoring this instruction and not for ignoring the traffic sign or traffic rule.

The provision in the second paragraph prevents problems concerning right of way if a driver coming from the right ignores the red light. If there are functioning traffic lights, the right-of-way rule on site does not apply.

Article 6, third paragraph, determines that traffic signs have priority over traffic rules, as far as these rules are incompatible with these signs. One may think of speed limits deviating from the basic rules on speed limits in and outside the built-up area.

Paragraph 2. Road signs (Articles 8 and 9)

Article 8

The first paragraph of Article 8 expresses the principle that road signs apply over the entire width of the road or roadway. The second paragraph is an exception to this. If a roadway is divided into lanes, the application can be limited to one or more lanes by the use of additional signs.

The third paragraph also contains an exception to the first paragraph. Signs that concern vehicles parking or standing still on the roadway only apply on the side of the road at which they have been placed. Of course, parking vehicles is permitted in the road sections meant for this purpose.

Article 9

Additional signs can be placed below road signs. Streamlining additional signs requires that as much as possible symbols are used on the additional signs.

In order to record the meaning of the symbols, the second paragraph of Article 9 has been included. In some cases, signs only apply to certain categories of road users, or signs actually do not apply to certain categories. In order to harmonize how this is communicated to the road users and in order to limit the number of specifications on additional signs, the third paragraph has been included. The presence of a symbol without further specifications means that the sign only applies to the relevant category.

Paragraph 3. Traffic lights (Articles 10 through 15)

The regulation of traffic lights has been included more extensively in the new ordinance. Important is to mention that they have an independent position as a road sign, and do not fall under the instructions to be given by or on behalf of the Lieutenant Governor anymore.

Article 10

New is that the second paragraph of Article 10 explicitly determines that arrows can be installed in both the three-colored traffic light and in the additional one-colored traffic light.

Article 11

The two-colored traffic lights can be used at bridges to thus give a transitional signal and can also be used at infrequently used pedestrian lights, installed in isolation.

Article 12

The bus lights, although not yet existing in practice, have also been included. The wording has been kept simple. Just like road signs, traffic lights can relate to part of the roadway.

Article 13

The pedestrian lights can be equipped with a sound signal for the benefit of the blind and visually impaired.

Paragraph 4. Signs on the road surface (Articles 16 through 20)

Article 16

This accurately describes the meaning of the continuous line. It also makes a difference whether the continuous line is used on roadways with traffic in one direction or on roadways with traffic in both directions. In the latter case, road users on the wrong side of the line have to return as quickly as possible to the correct lane.

Article 17

Gores are sections of the roadway with diagonal white stripes. Particularly in situations in which the number of lanes is reduced, this gore forms an excellent method to get drivers on the ending lane to the available lane in time.

Article 18

The new text achieves that the driver who changes lanes can be held accountable for it, even if no continued line has been applied on site. This promotes a quiet traffic situation. On crossings with right-turn or left-turn lanes, drivers have to take the direction indicated by the lane they are in.

Article 19

This text is a simplified version of the various Articles of the old ordinance, regulating stopping before stop lines. Article 19 expresses this by mentioning a stop line “meant for them”.

Article 20

Priority triangles on the road surface have been called shark teeth for many years, but not in the old ordinance. Shark teeth were presumed to be used in combination with priority signs. They can also be used without simultaneous use of priority signs.

Chapter III. Traffic behavior

Paragraph 1. Road safety (Articles 21 through 26A)

Article 21 through 26

These Articles already featured in the old ordinance, with exception of the added article 24 par. 2 subpar f. When discussing this ordinance the Island Council stated their explicit wish to allow persons to be transported in the load area of vehicles, as also art. 77 par 5 subpar c is adjusted.

Article 26A

This Article has been included to promote safety. Calling and other use of mobile communication devices while driving motorized vehicles highly affects driving behavior, for operating such devices distracts the driver.

In order to simplify enforcement, we have chosen to prohibit the holding of mobile devices while driving. Consequently, one does not actually have to communicate with the device. The ban will not apply to hands-free use of devices.

Paragraph 2. Competence of the driver (Articles 27 through 29)

Article 27

Beside the use of the substances referred to in Article 28, there are many other conceivable circumstances that can very adversely affect the ability to drive. That is why Article 27 has been written. It is consequently not necessary to immediately fall back on Article 3. However, the inability has to be evident, and not only consist of the presumption of the reporting officer. The words “or any other cause” emphasize that the causes listed in Article 27 are not exhaustive.

Articles 28 and 29

The accident figures show that use of alcohol and other mind-expanding drugs have become a major accident factor. Due to the time-consuming and laborious investigation method prompted by the old text, the investigation has lagged far behind the excessive alcohol use in traffic.

However, investigative powers and mandatory cooperation of a suspect in investigations are not powers of the public entity. They have to be regulated by formal law. After including Article 5a in the BES Act on liability of drivers, right to drive and ability to drive it became possible to demand from suspects to cooperate in a breathalyzer test or providing blood (see Article 29).

The first paragraph of Article 5a of the BES Act on liability of drivers, right to drive and ability to drive also determines that provisions on the use of alcohol or other substances that may reduce the ability to drive are laid down by island ordinance. These provisions have been included in Article 28 of the ordinance. The wording of Article 8 of the Dutch Road Traffic Act 1994 has been followed for the wording of the new “alcohol Article”, for the Netherlands have already gained experience with the permillages and percentages and the investigation methods used for a long time.

Paragraph 3. Rules of conduct (Articles 30 through 34)

Article 30

This Article states in simple wording that one can only drive onto a crossing and Y-junction if it can be cleared or if there is an option for the driver to take position between the flows of traffic.

Article 31

This provision was already featured in the old ordinance. The second paragraph regulates that the driver is not prosecuted if he voluntarily reports the accident within 3 hours, before his arrest. Earlier, he had 24 hours to report it. The period has been shortened, considering the small scale of the island, and to prevent people from deliberately choosing to report the accident as late as possible in connection with alcohol use.

Article 32

The power to impose a driving ban in case of driving under the influence has been provided for in Article 5a, second paragraph, BES Act on liability of drivers, right to drive and ability to drive. Considering the penalization, the ban on driving a motor vehicle after having been imposed a driving ban is provided for in the Road Traffic Ordinance.

Article 33

Previously, joyriding was only possible in case of motor vehicles. This has now been expanded to all vehicles.

Paragraph 4. Place on the road (Articles 35 through 41)

In general

The provisions concerning the place on the road contained in chapter III, paragraph 4, have been simplified considerably compared to the matters to be replaced. The number of provisions on this point has also been reduced. It is indicated per category of road user what road section is meant for him. The word “use” has been chosen to express that it concerns all road use; for instance also standing still and parking. Several rules have not been copied in this ordinance. For instance, the rules for passing traffic islands and for the choice of lane for roads with more than one roadway are cancelled.

Article 35

Article 35 contains the basic rule for the place on the road for drivers. They keep to the right as much as possible on the road section meant for them. The concrete situation determines what “as much as possible” is to mean. If a roadway has been divided into lanes, pursuant to Article 35 one has to follow the lane most to the right, in principle. If the road has been divided into two or more lanes, one will chose the lane that, considering one’s direction, is meant or has been designated for it.

Article 37

The first paragraph of Article 37 contains the main rule that the pedestrian uses the sidewalk or footpath, whereas the second paragraph designates the cycle track as the place on the road for the pedestrian if there is no sidewalk or footpath. The third paragraph determines that if there is no sidewalk, footpath or cycle track, the pedestrian uses the shoulder or edge of the roadway. This pedestrian regulation has been simplified compared to the old regulation.

Article 39

A regulation for disabled vehicles is new. Article 39 gives drivers of disabled vehicles complete freedom to choose the place on the road. The drivers of disabled vehicles have to adjust to the traffic they enter into. For instance, on the sidewalk or footpath they will drive slowly.

Article 41

This Article is the final provision concerning the place on the road. After indicating what road sections – as far as available – are used by certain designated categories of drivers, the roadway for the drivers that have not been mentioned is designated. The largest category is of course drivers of motor vehicles. However, escorts of mounts and draught animals or of livestock, and drivers of carts hitched up or not hitched up also use the roadway pursuant to this provision.

Paragraph 5. Taking over (Articles 42 and 43)

In general

The old regulation contained provisions indicating how the driver had to act. These provisions have not been included in this paragraph. The relevant instruction standards have to be discussed in driving lessons, information, and education. Therefore, the provision describing how drivers have to act when encountering a vehicle and the descriptions for taking over and how the driver who is being overtaken has to act has been cancelled. That one has to take over without danger or hindrance to other road users appears from Article 3. Giving a signal with the blinker or arm while taking over has now been provided for in Article 54 (only for drivers of motor vehicles).

The provisions for taking over near blind bends or slopes have not been included. One has to work with continuous lines or no passing signs.

Article 42

The first paragraph of this Article contains the main rule: take over on the left.

The second paragraph permits cyclists to take over other drivers than those of bicycles and mopeds on the right. This provision corresponds with practice where cyclists usually take over – slow-moving – other traffic on the right.

The third paragraph contains the logical exception to the rule.

The fourth paragraph provides for the position of the driver joining or exiting traffic. In the past it was unclear whether the joining or exiting driver was permitted to take over drivers on the continuous roadway on the right.

Article 43

When they approach a pedestrian crossing, drivers have to pay attention to the possible presence of pedestrians who are crossing there or are about to do so. It would be too distracting if taking over there would be permitted.

Paragraph 6. Giving right of way and right-of-way rules (Articles 44 through 48)

Article 44

The changes to the right-of-way rules are mainly technical. Among them is the possibility, introduced by this ordinance, to make a right-of-way rule deviating from aforementioned main rule by applying shark teeth on the road surface.

In the past, this was only possible by means of signs, while the shark teeth only served to support this. This change has already been discussed in the explanation of Article 20, providing for the shark teeth.

In order to formulate Article 44 as clear as possible, the two key terms in the right-of-way regulation, the term crossing and the term right of way, have been defined in Article 1. The term crossing includes the crossings as well as the Y-junctions of roads, and thus does not deviate from the regulation to be replaced.

The term giving right of way includes more than merely clearing sufficient space to let the driver who has right of way through. It concerns the entire behavior to be expected from a good driver who gives another driver right of way. He does not only have to keep the actual space required for it clear, but he also has to approach the crossing in such a manner that the person who has right of way also can rely on being given right of way.

The second paragraph of Article 44 contains the exceptions to the main rule “traffic from the right has right of way”. These exceptions already applied, but have been formulated simpler.

Article 45

The first paragraph of Article 45 is new. The term “unhindered passage” – often used in this connection – intentionally has not been used but replaced with “go first”. Unhindered passage, similar to the meaning of right of way, is reserved for drivers approaching each other on a crossing. The term “go first” is preferable for other cases in which priority of one over the other has to be laid down. The “zebra protection” does not apply if pedestrian lights are present on site. In that case the pedestrians have to be guided by these lights. This has been formulated in the third paragraph.

Article 46

The old ordinance indicates in several places that certain obligations do not apply to certain categories of vehicles if they use the signals prescribed. The old regulation was certainly not consistent in this respect. The fourth paragraph of Article 46 simply determines that drivers of priority vehicles may deviate from the rules of this ordinance as far as required for the performance of their duties.

Article 48

Contains an unambiguous right-of-way provision applicable to roundabouts.

Paragraph 7. Columns (Articles 49 and 50)

Article 49

From a road safety perspective it is advisable to regulate the privileges of (military) columns, in order to be able to preserve the column during movements. The provision in the second paragraph that (military) columns cannot be cut through fundamentally contributes to this. The above also applies to a procession or funeral procession.

Article 50

The requirements a column has to meet are already applied in practice.

Paragraph 8. Turning and special maneuvers (Articles 51 through 56)

Article 51

Getting in lane is mandatory pursuant to the second paragraph.

Article 52

The provision in Article 52, first paragraph, does not deviate from the regulation that applied already, but the term “giving right of way” has been chosen here instead of hindering.

The second paragraph is new. In the case described in it drivers who turn left at a crossing appear to give right of way to drivers who turn right at that crossing.

Article 53

The provision in the first paragraph is new. It is necessary in connection with the cancellation of Article 27 of the old regulation. It is necessary to determine explicitly that drivers who perform certain special maneuvers – as described in this paragraph – have to give way to drivers who participate in traffic normally. After all, without this provision it would not be self-evident that the driver who for instance drives off from standing still is subordinate compared to the other traffic on site.

Article 55

This Article determines that the drivers of a bus should be given the opportunity to leave a bus stop within the built-up area.

Article 56

Although the behavior described in the second paragraph also falls under the general provision in Article 3, it has been decided to include the provision with regard to enforcement hereof.

Paragraph 9. Speed (Articles 57 through 59)

In general

The provisions on speed have been considerably reduced and simplified compared to the regulation to be replaced. First of all, some provisions could be cancelled here because the provisions in them can be left to the road user’s own responsibility. It mainly concerns descriptions how a driver has to regulate his speed and what factors to take into account. Of course, it remains essential that the drivers regulate their speed in such a manner that no danger or hindrance is caused to other road users. This has to be a fundamental principle in traffic education, driving lessons, information, etc.

Furthermore, the cases in which a speed limit deviating from the main rule by means of traffic signs applies are not mentioned anymore. The methodology of Article 6, in which traffic signs have priority over traffic rules, entails that a deviating speed limit indicated by signs does not have to be included in the rules of this paragraph.

Article 57

This Article contains the main rule for the speed limit within the built-up area: for motor vehicles and mopeds 30 km per hour. The speed limit of 40 km per hour for motor vehicles applicable in Bonaire has been deviated from because of the narrow roads in the built-up area in Saba.

By the placement of road signs the speed limit can be lowered further than 30 km per hour. A location with a usual high amount of pedestrian is the most likely reason to do so.

Articles 58 and 59

Article 58 contains the main rule for speed limits outside the built-up area: for motor vehicles 60 km per hour and for mopeds and disabled vehicles 40 km per hour. Again, as pursuant to Article 6 traffic signs have priority over traffic rules, the road authority can vary the speed limit to be driven on site with signs, depending on the situation on site. Article 58 also deviates from the speed limits in Bonaire, because of the narrow, winding roads in Saba.

As the text of Article 59 shows, a much simpler and consequently more accessible provision has been drawn up for drivers of tractors and self-propelling machines. They are not permitted to drive faster than 25 km per hour within the built-up area and 40 km per hour outside the built-up area.

Paragraph 10. Standing still and parking of vehicles (Articles 60 through 63)

In general

Some provisions both for standing still and for parking could be cancelled. Article 60 contains a stopping prohibition for the cases in which it is absolutely necessary from a road safety or flow perspective.

The prohibition to stop on sidewalks, footpaths, and cycle tracks has not been included in Article 60, for this prohibition already ensues from the provisions concerning the place on the road. Furthermore, several generally applicable prohibitions to stand still have been cancelled for places for which it cannot always be said that they need such a prohibition. Where there is a need, the prohibition can be indicated by traffic signs, a sign or a continuous yellow line.

Except the cases in which it is prohibited to stop and where parking is consequently also prohibited, this paragraph contains some provisions in which parking is prohibited or conditions are attached to parking. What parking means appears from the definition contained in chapter I.

Parking is permitted, unless it is explicitly prohibited or this prohibition ensues from the methodology of this ordinance, and as far as this parking is not in conflict with the general provision in Article 3.

Article 60

The prohibition in the second paragraph, subparagraph b, relates to pedestrian crossings as well as crossings for cyclists. The prohibition intending to give crossing pedestrians and cyclists sufficient view applies to drivers of all vehicles. The prohibition to stop along continuous yellow lines is new in this ordinance.

Article 61

The second paragraph, subparagraph a, is new to this extent that standing still within five meters from a crossing, briefly stated, was already prohibited in the repealed regulation. The ordinance now determines that parking is prohibited there. Briefly standing still in these places will generally not have a very adverse effect on road safety and flow. However, parking will. Subparagraphs d, e, and f are new. Subparagraph g is also new. It creates the possibility to indicate no parking clearer. Particularly where no parking applies over a longer distance, a yellow line is easier to recognize for the road user than a sign at the beginning of the road.

The third and fourth paragraph are also new. It is advisable to be able to act against double parking based on a provision focused on it, and that a parking zone can be created considering the current parking problems.

Deviating from the Bonaire regulation is that for second paragraph, subparagraphs a and h, a parking prohibition for five meters instead of eight meters applies.

Article 62

This Article relates to parking spaces meant for disabled people, for drivers of disabled vehicles as well as for motor vehicles driven by or for the benefit of a disabled person. This parking space is indicated with a road sign. A sign is now available for both types of disabled parking spaces. If it concerns a special disabled parking space, it will be expressed on an additional sign.

Article 63

This Article has been included to regulate placement of bicycles. The word “parking” has been avoided here, and instead “placing” is used, as the use of the term parking is limited to parking vehicles on the roadway.

In order to prevent hindrance of pedestrians using sidewalks and footpaths due to placement of bicycles, a space of at least 1.20 meter has to be kept clear.

In some places it is advisable for the road authority to permit that bicycles are placed on the roadway, for instance in bicycle racks in a parking space. Article 63 takes this into account by adding “any other places designated by the competent authority”.

Paragraph 11. Signals (Articles 64 through 66)

In general

Pursuant to this ordinance, drivers can give signals inter alia to avert imminent danger. These can be sound and flash signals. This regulation in this ordinance is almost identical to the old regulation.

Article 64

In the fourth paragraph, determining that it is prohibited to cause unnecessary noise, one should think particularly of gunning the engine each time while standing still, so-called “revving”. The noise this causes is a nuisance to other road users and local residents.

Article 65

The first paragraph of this Article gives a list of drivers who have the right to use special signals, consisting of rotating or flashing lights and two-tone or three-tone horns. These are motor vehicles at the disposal of the police and fire department and ambulances, as well as motor vehicles of other emergency services, as far as designated by the Lieutenant Governor. This paragraph is the basis for this designation. The third paragraph subsequently gives the Lieutenant Governor the power to set further rules for these signals, their use, and the color of the light.

Drivers of aforementioned motor vehicles may only use these special signals to indicate they perform an urgent duty. As soon as they use them, they belong to the category of priority vehicles defined individually and they have the privileges attached to it.

The second and third paragraph determine that during certain work that may constitute a danger to other road users, drivers of vehicles used for this work have to use rotating or flashing lights. One may think of motor vehicles performing road works, motor vehicles performing towing or hoisting work on the road, but also motor vehicles of emergency services at the scene of an accident, for instance.

Paragraph 12. The use of lights and warning triangle (Articles 67 through 71)

In general

This paragraph provides for the use of lights and the warning triangle. The provisions have been kept simple.

Article 68

Detached stationary trailers and semi-trailers should have reflectors in the places referred to in the second paragraph of Article 68 during the circumstances mentioned in it.

Article 69

The obligation to turn on parking lights on the roadway only applies if the roadway is outside the built-up area. For roadways within the built-up area this obligation consequently does not exist. The reason for it is that as a rule there are sufficient street lights within the built-up area to notice vehicles in the dark. Furthermore, traffic drives more slowly within the built-up area than outside it, so that also in bad weather during the day stationary vehicles will be noticed sooner.

Article 71

Under all circumstances that the average driver will find dangerous, the use of the warning triangle is mandatory. The third paragraph determines that instead of the warning triangle flashing warning lights can be used. These lights suffice to alert approaching drivers to the vehicle standing still on the road.

Paragraph 14. Livestock (Articles 74 and 75)

Article 74

The second paragraph broadens the prohibition referred to in the first paragraph. It intends to increase the options for the grazing of herds. In the cases in which it is responsible from a safety perspective, the competent authority may decide not to let a road be a legal separation for a herd grazing there.

Paragraph 15. Towing (Article 76)

Article 76

This provision is only aimed at the driver of the pulling vehicle and therefore not also to the owner or holder hereof.

Paragraph 16. Seatbelts and helmets (Articles 77 and 78)

Article 77

This new text expresses that passengers of motor vehicles have to wear a seatbelt if there is one available in the vehicle. If a seatbelt is wrongly – namely in conflict with the relevant technical provision – not available in the vehicle, it is a violation of that rule.

The following deserves mentioning. The driver is not criminally responsible for the passenger not wearing a seatbelt. The obligation for the passenger himself has to suffice. The observation that the driver or passenger was not wearing a seatbelt is sufficient.

This wording also entails that if seatbelts have been installed in a vehicle without being required under the Road Traffic Ordinance, the driver has to use them. Wearing seatbelts applies to seats in the front and in the rear. Anyway, the technical rules for motor vehicles are limited to fasteners for belts in the front seats (Article 85, first paragraph, subparagraph f).

The second paragraph of Article 77 determines that children younger than 3 have to use a suitable child protection system, a so-called child seat. This can be installed in the front and in the rear. Children older than 3 but shorter than 1.5 meters have to wear the three-point seatbelt as lap belt.

After an amendment from without the Saban Island Council the need to have a permit to fall under the exception in par. 5 subpar c got cancelled. Together with the added article 24 par 2 subpar f the transportation of persons in the load area of a vehicle is explicitly permitted.

Article 78

Drivers of mopeds, motorcycles, and other motor vehicles without closed bodywork on more than two wheels are so vulnerable that protection by a helmet is called for. The driver and passenger each individually are criminally responsible for ignoring the obligation to wear a helmet. The helmets have to meet internationally acceptable safety standards and carry a quality seal.

Chapter IV. Technical requirements

In general

In the new ordinance the necessary adjustments to the present day have been implemented. Most of them concern a reflection of already existing situations that have developed over time. New is the requirement for motor vehicles to have fasteners for seatbelts and, if available, seatbelts. New are also the requirements for the minimum tread depth of the tires and minimum requirements for translucence of tinted windows. Windows cannot have materials applied that obstruct the view from the inside out or obstruct the view of the passengers from the outside, other than tinting material. Incidentally, dispensation can be granted from the latter. Standards have also been set for the requirements of the brakes in accordance with current standards.

This wording has been chosen to somewhat untangle the tangle of technical requirements as they have been set over the years. That is why it has now been listed per category of vehicle what the minimum requirements are. The duplications in them have been accepted for easy reading and attempt at clarity.

Explanation per Article

Paragraph 1. Motorcycles (Article 83)

Article 83

The technical requirements for motorcycles have not changed, except for the measurements. That the measurements have been adjusted appeared necessary, as the maximum measurements for trucks fully applied to motorcycles.

Deviating from the Road Traffic Ordinance Bonaire is the design requirement that the muffler has to be original, belonging to the vehicle, or at least similarly noise-reducing as this original muffler.

Article 84

Deviating from the Road Traffic Ordinance Bonaire is the design requirement that the muffler has to be original, belonging to the vehicle, or at least similarly noise-reducing as this original muffler.

Paragraph 3. Motor vehicles (Article 85)

Article 85

Paragraph 1, subparagraph c, sets requirements for the translucence of the windows. Tinted windshields and side windows in the front of the vehicle have to let at least 35% of the light through. Deviating from Bonaire is that there are no requirements for the windows in the rear of the vehicle and that the requirements do not only apply to manufactured windows but also to manually tinted windows. Along the top of the windshield, a tinted strip of 7 inches or 17,78 cm is permitted. In this article is deviated from the 70% translucence standard of Bonaire. The term “translucence standard” appeared insufficiently specific in Bonaire, that is why this ordinance has chosen wording that leaves less room for interpretation.

The ban as mentioned in subpar 3 does not apply to manually applied tinting materials.

The minimum number of wipers a motor vehicle needs to have has been reduced to one in paragraph 1, subparagraph d. The reason is that an increasing number of car manufacturers proceed to only installing one wiper that covers the entire surface of the windshield.

The requirements for mirrors have been adjusted to practice, requiring the presence of an interior mirror as well as a left exterior mirror. In case the view in the interior mirror is obstructed, a right exterior mirror is also required.

In paragraph 1, subparagraph f, the design of the passenger cabin, the seatbelts already mentioned in the general section of the explanation of this chapter have been set as a requirement to increase safety. Another provision has been set as requirement in number 4 of subparagraph f. As almost all cars standard have so-called blowers installed by the manufacturer to prevent condensation on the windshield, we believed we should include this provision in the Road Traffic Ordinance as a requirement.

Deviating from the Road Traffic Ordinance Bonaire is the design requirement that the muffler has to be original, belonging to the vehicle, or at least similarly noise-reducing as this original muffler.

Paragraph 4. Trucks (Article 86)

Article 86

Paragraph 1, subparagraph a: As it is not an objection for the maximum headroom of flyovers and traffic light installations, this paragraph accommodates road haulage of shipping containers on trucks with semi-trailers. All too often the maximum height of 3.5 meters had to be exceeded, merely on account of the fixed measurements of the container that could not be adjusted plus the vehicle. The maximum height has now been fixed at 4 meters.

Paragraph 1, subparagraph c, sets requirements for the translucence of the windows. Tinted windshields and side windows in the front of the vehicle have to let at least 35% of the light through. Deviating from Bonaire is that there are no requirements for the windows in the rear of the vehicle and that the requirements do not only apply to manufactured windows but also to manually tinted windows. Along the top of the windshield, a tinted strip of 7 inches or 17,78 cm is permitted. In this article is deviated from the 70% translucence standard of Bonaire. The term “translucence standard” appeared insufficiently specific in Bonaire, that is why this ordinance has chosen wording that leaves less room for interpretation.

The ban as mentioned in subpar 3 does not apply to manually applied tinting materials.

Paragraph 5. Buses

Article 87

Paragraph 1, subparagraph c, sets requirements for the translucence of the windows. Tinted windshields and side windows in the front of the vehicle have to let at least 35% of the light through. Deviating from Bonaire is that there are no requirements for the windows in the rear of the vehicle and that the requirements do not only apply to manufactured windows but also to manually tinted windows. Along the top of the windshield, a tinted strip of 7 inches or 17,78 cm is permitted. In this article is deviated from the 70% translucence standard of Bonaire. The term “translucence standard” appeared insufficiently specific in Bonaire, that is why this ordinance has chosen wording that leaves less room for interpretation.

The ban as mentioned in subpar 3 does not apply to manually applied tinting materials.

Paragraph 6. Trailers (Article 88)

Article 88

In general a trailer can be considered an extension of the pulling vehicle. It is therefore no more than logical that a trailer, apart from the specific aspects of the motor part and the requirements for the coupler, brakes, etc. that replace them, has to meet the same technical requirements as the pulling vehicle. New is the provision in the first paragraph, subparagraph a, number four.

Paragraph 8. Mopeds (Article 90)

Article 90

As the moped has meanwhile outgrown the status of “bicycle with auxiliary engine”, considering the definition in paragraph j of Article 1, it is logical to dedicate an individual paragraph to the technical requirements for the moped.

Deviating from the Road Traffic Ordinance Bonaire is the design requirement that the muffler has to be original, belonging to the vehicle, or at least similarly noise-reducing as this original muffler.

CHAPTER V. Roadworthiness certificates and marks for vehicles

Paragraph 1. Roadworthiness certificate (Articles 93 through 96)

Currently there are no mandatory inspections for motor vehicles meant for private use. These Articles will take effect at a later time to be determined by island decree.

Paragraph 2. Marks and distinguishing marks (Articles 97 through 99)

Article 97

The wording of Article 97 has not been modified compared to previous legislation. Article 1, paragraph x gives a definition of license number.

Article 99

It is not clear now what international distinguishing mark will be used for a motor vehicle for Saba or the other islands of the Dutch Caribbean.

CHAPTER VI. DRIVER’S LICENSES (Articles 100 through 126)

In general

The previously applicable regulation concerning driver’s licenses (Article 87 through 112) has generally functioned properly and has therefore been copied for the most part. Where necessary, provisions have been added to aforementioned Articles, or more modern wording has been chosen. The terminology has been adjusted to the terminology used in this draft.

Explanation per Article

Article 100

This Article largely corresponds with the existing regulation. New is that the minimum age of 16 for mopeds, already used in practice, has been included explicitly. There is also a requirement for drivers of self-propelled vehicles to have category B, C, or D on their driver’s license.

Article 101

Article 101 is almost identical to the repealed regulation. The requirement of having a certain weight has been deleted in the first paragraph, subparagraph a, as currently much heavier motorcycles are built. For the rest, motorcycles and mopeds are described adequately, so that the weight is no longer a distinctive criterion and therefore can be cancelled.

It has appeared in the past that the substance of the term “meant for” was unclear. The purpose of a vehicle is the purpose that the owner gives it and that meets the safety requirements for such purpose. The purpose the manufacturer gives the vehicle is irrelevant in that case.

New is par. f, that makes it possible to issue driver’s licenses for vehicles with automatic transmission.

Article 104

Intentionally providing incorrect information when an applicant wants to qualify for a driver’s license or license is prohibited. In comparison to the repealed regulation, the second paragraph eases the sanction for providing incorrect information. The new regulation determines that the driver’s license is only invalid for the category for which incorrect information has been provided, if this information has led to issue of a category driver’s license.

Article 110

This Article has been adjusted to the current political situation. If a driver already has a driver’s license of one of the countries of the Kingdom or of Statia or Bonaire, he can suffice by submitting a medical certificate (Article 102, subparagraph c) for the issue of a new driver’s license.

If a driver’s license referred to in the previous paragraph has been invalid for more than 2 years, a certificate that one has adequate driving skills as referred to in Article 102, subparagraph b, has to be submitted. It was previously unclear and the question whether this certificate had to be submitted was left to the opinion of the competent authority.

Article 112

For reasons of unity citizens of Saba in possession of a driver’s license issued on Bonaire or Statia are no longer required to exchange their license within three months after registering at the census office. Instead they can use their license until it expires.

Article 119

This Article provides for the duration of the revocation. Unless there are circumstances as referred to in subparagraphs a, b, and c, the revocation will apply for the duration for which the driver’s license has been issued.

Article 121

The obligation to announce the revocation by publication in the bulletins in which official notices are published is replaced by a written notification to the body charged with supervision and enforcement of this ordinance and to the person concerned.

Article 122

The period for surrender of the revoked driver’s license has been shortened from 8 to 2 days. The third paragraph also contains the obligation to surrender if the driver’s license has been declared invalid in conformity with Article 104 and if the driver’s license has become invalid as referred to in the third paragraph, subparagraph a.

Article 123

This Article is new. The suspicion that the holder of a driver’s license lacks the knowledge or skill or the physical or mental capacity to drive one or more categories of motor vehicles for which the driver’s license has been issued can be supported by facts or circumstances indicating that the person concerned is not able to participate in traffic with aforementioned motor vehicles without jeopardizing road safety.

Article 124

Beside Article 123 discussed above, this Article contains the possibility that, if the holder of a driver’s license voluntarily reports he no longer has the capacity to drive a motor vehicle of the category mentioned in that driver’s license, a new driver’s license will be issued to him, containing the restrictions as applicable at that moment.

Article 125

When an investigating officer has a serious suspicion that a driver of a motor vehicle has violated Article 27 or 28, draws up a report hereof, and believes that continuing to drive constitutes serious danger to road safety, he has the power to collect the driver’s license and keep it in custody.

This driver’s license has to be sent to the Public Prosecutor promptly, but within 2 times 24 hours, accompanied by an official report of the findings. This prosecutor can not only verify whether the investigating officer has too lightly collected the driver’s license, but is also able to assess, based on the judicial documentation in his control, whether it should be deemed to be in the interest of road safety to keep the driver’s license in custody until the case has been submitted to the court, and the court can decide on whether or not to disqualify the person concerned from driving.

CHAPTER VII. PENAL PROVISIONS (Articles 127 through 132)

Article 128

This Article is almost identical to Article 117 of the old ordinance. This Article now also gives the investigating officer the opportunity to stop cyclists to check compliance with the provisions laid down in this island ordinance. If so requested, they are required to give the same cooperation as previously the drivers of motor vehicles.

Article 129

Beside the existing regulation for impoundment under criminal law as provided for in the Code of Criminal Procedure BES, the powers of the Lieutenant Governor to have vehicles towed and placed in custody in the context of enforcement of public order and traffic are regulated in detail in this Article. It also gives the opportunity to take enforcement action by attaching wheel clamps.

Article 131

The maximum punishment for the different violations has not been affected, but some new offenses have been included. The punishments have been adjusted to current practice, while fines have been classified in categories.

Article 132

Beside the sanctions referred to in Article 131 such as imprisonment and fines, in everyday legal practice there appears to be a need to withdraw the object with which the traffic offense has been committed (permanently) from the actual power of the infringer.

CHAPTER VIII. DISPENSATIONS AND LICENSES (Article 133)

Article 133

In connection with the cancellation of several provisions in the old island ordinance, the current ordinance contains fewer provisions for dispensation.

The second paragraph of Article 133 regulates the dispensation regime specifically for the public services. Instead of “dispensation” it mentions “exemptions”. The latter term is more suitable to express the nature of this rule. The Lieutenant Governor remains the competent authority to grant exemptions to public services and services to be put on a par with them. The party that has been granted exemption and the staff for which the exemption has been granted have to carry the document showing the exemption, so that the police can verify all this.

CHAPTER IX. TRANSITIONAL AND FINAL PROVISIONS (Articles 134 through 141)

Article 134

A phase-out arrangement has been opted for to replace the road signs pursuant to the old ordinance.

Article 135

The explanation of annex 1 explains why various road signs have been modernized. In the cases that do not concern adoption of a new model, but modernization of the current models, it is not a problem to let these signs be valid until they have been replaced.

Article 136

All roadworthiness certificates, driver’s licenses, etc. issued under the old ordinance will remain valid until they expire. This way, the transition will be as smooth as possible without overburdening the administrations that should issue the new documents.

Article 137

Just like the documents referred to in Article 136, dispensations granted under the old license [sic!] will simply continue as of the effective date of the new ordinance. The reason is also to relieve the administrations that should issue the new dispensations and licenses.

Article 138

Because the introduction of the new Road Traffic Ordinance Saba requires some preparation time and the public has to be informed, a period of one month between the promulgation and the taking effect of the ordinance has been included in the ordinance.

With regard to the Articles mentioned it is necessary to draw up further implementation measures. These Articles can be put into effect by island decree containing general administrative orders.

To make sure no fines are being handed out for violating article 77 par. 1,3 and 4 during the first year, next to the planned enforcement arrangements, the choice was made to have this article taking effect one year after the promulgation of this ordinance. The whole article will be taken into the awareness campaign that year.

Article 139

This ordinance replaces the Road Traffic Ordinance Leeward Islands (Official Bulletin 1963, No. 5).

ANNEX 1 ROAD SIGNS

In general

The previous ordinance made a rough classification in signs giving orders or containing prohibitions, signs warning of danger, signs with information, and instructions. This in itself logical but rigid classification led to problems when a new sign had to be inserted. For the organization of a sign annex to the new ordinance a flexible classification in separate chapters has been chosen. This classification is clear and consequently easily accessible, and also provides the opportunity to insert models without affecting the logic of the classification. The classification is as follows:

A. speed; B. right of way; C. no-entry signs; D. directions of traffic; E. parking and stopping; F. other instructions; G. behavioral signs; H. built-up area; I. information signs; J. warning signs; and K. other signs.

Each sign included in these chapters is specified with the capital and number corresponding with the relevant chapter. The changes are not only in the classification, but also in the signs themselves, the models and the configuration, and the descriptions belonging to them. It has been attempted to optimize the visibility, prominence, recognizability, and understanding. Written text is avoided wherever possible.

In order to keep the cost of the signs to be installed as low as possible, the models customary in Europe and prescribed in international treaties have been followed.

They are in stock and the need of creating a special customized product is avoided.

Explanation per chapter

Chapter A: Speed

This chapter contains the signs indicating the speed limit or end hereof. The numbers mentioned, serving as examples, indicate the speed in kilometers per hour.

New signs have been included under numbers A3 and A4, indicating the beginning or end of several roads or a district in which an adjusted speed applies.

Chapter B: Right of way

The stripes indicating the end on signs B1 and B2 have been explained in model B2. No equivalent has been included of the old model 5. Should the road authority feel the need to announce the end of a priority road in advance, this is easy to realize with an additional sign. Model B3 differs little from the old model 6.

The model of sign B5 has been modified.

New are signs B6 and B7. These signs, installed in combination with B1 or B3, indicate a bending priority road. The signs can show different traffic situations in which the broad line indicates the priority road and the narrow line or lines the side road or side roads.

Chapter C: No-entry signs

The signs indicating complete or partial no-entry have been placed in this chapter.

Sign C4 corresponds with the old model 81, but now has the status of mandatory sign instead of instruction sign and replaces the old model 11. This is necessary to prevent confusion that might arise due to the introduction of signs D4 through D8.

Sign C5 corresponds with the old model 13. Sign C6 has the same meaning as C5, but only applies to the category of vehicle mentioned on it. C7 is again a modern version of the old model 19. Semi-trailers also fall under the effect of sign C7.

Models 13 through 18 of the annex to the old ordinance will be repealed and replaced with models C8 through C11. The symbol of the old models 13, 14, 15, and 16 will be modernized.

There is no need for the old sign 17 anymore as sign G1 excludes admission of other traffic categories than pedestrians. The signs limiting width, length, height, and mass of the vehicles to be admitted (models 20 through 23 of the old annex) can be found in the series C12 through C16. New in this series is the limitation of the axle load, model C15. The numbers mentioned on the signs are an example, of course.

Chapter D: Directions of traffic

This chapter contains signs indicating a mandatory direction or one or more mandatory or permitted directions.

The new sign D1 indicates the mandatory direction on a roundabout. D2 corresponds with the old sign 12. The sign contains the obligation to pass the sign on the side indicated by the arrow.

After discussion of sign D2, sign D3 hardly requires further explanation. The sign can be used to mark Y-junctions in the roadway. Both signs replace the so-called traffic bollards (models 47 and 48) of the old ordinance.

The introduction of signs D4, D5, D6, D7, and D8 ensues from the choice of positive signs, and follows what is customary elsewhere in the world. Models 24 and 25 of the annex to the old ordinance, the negative signs, are not necessary anymore.

Chapter E: Parking and stopping

The starting point here is also the positive sign. Sign E4 is consequently the focus. A symbol or specification can be added to indicate that the parking is meant for certain categories or for certain activities. As, pursuant to Article 8, third paragraph, the road signs E1 and E2 only apply to the side of the road where they have been installed, and pursuant to Article 9 the signs can have additional signs, one can suffice from now on with a model E1 for no parking and a model for no stopping. The entire series of variations (models 29 through 44) of the old ordinance has consequently become superfluous.

To indicate that there is a parking zone within which the duration of parking is restricted, signs E7 and E8 have been included. These signs indicate the beginning or end of a parking zone.

Chapter F: Other instructions

Sign F1 is installed in situations in which it is undesirable that vehicles, when taking over, drive on the side of the road meant for oncoming traffic. It is assumed that when taking over motor vehicles, one has to change lanes.

Sign F7 is new. Sign F8 is also new, however, the idea behind it is not. Previously a text sign indicated that the instructions given by road signs had ended.

Sign F9 can be used in many situations, whether or not temporary, installed on the stick of the school crossing patrol or during a standing police check of compliance with traffic rules. The sign can indicate who uses the sign or why.

Chapter G: Behavioral signs

This chapter contains the signs with which footpaths and cycle tracks are specified and to which one or more traffic rules are attached. Each sign also has its own end sign.

Chapter H: Built-up area

Signs H1 and H2 give the option to also link the rules of conduct ensuing from this ordinance to the specification of the built-up area. The option to place a geographic specification on the sign also exists now.

Chapter I: Information signs

Signs I1 through I4 renew the old signs 77 through 80.

Chapter J: Warning signs

Signs J2, J3, J4, and J5 are a refined specification of the general warning of the old sign 66. J6 and J7 are new. Two models have been chosen where it is deemed desirable to make a distinction between a warning of a steep hill downwards and a steep hill upwards.

Model J9 is also new and can only be used as advance warning of a roundabout. Sign J10 corresponds with the old model 68, on the understanding that the symbol has been modernized.

J11, J12, and J13 replace model 69 and contain a refined specification. J14 is the modern version of model 70, as sign J15 is the modern version of model 71 and J16 the modern version of 72. Signs J17, J18, J19, J20, and J22 are new, but speak for themselves. J21 replaces sign 72a of the old annex, which warned of donkeys. The new sign J21 is also suitable as warning sign for other livestock than donkeys.

New is sign J24 that warns of low-flying aircraft.

Also new is sign J25 warning of speed bumps.

Chapter K: Other signs

The last chapter of annex 1 is a collection of signs giving the road user important information.

Sign K1 has been included to give the drivers when it appears necessary information on headroom in an underpass.

New is K2, indicating a pedestrian crossing.

K3 and K4 are new and provide for the need to inform the road user in time that he cannot continue on the road taken or the road he intended to take.

Sign K5 indicates a water source for the fire department. Pursuant to Article 61, paragraph 2, subparagraph h, no parking within a distance of 5 meters is attached to this information.

The new sign K6 has been included to indicate that there is a speed bump.

Signs K7 ad K8 warn drivers of the possibility of children playing, for instance near schools or playgrounds.

Signs K9 and K10 can be installed where a cycle track or cycle lane begins or ends and where cyclists leave or enter the roadway.

ANNEX II Instructions

The pictures indicate the postures of these traffic controllers most essential to traffic. The ancient stop sign, No. 52 annex, has disappeared. New is the picture of the school crossing patrol. The sign he uses has been shown in drawing annex 1, model F9.