2. Interpretation
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In this Act —
“Agent's Licence” means an Agent's Licence issued under section 36;
“air contaminant” means a solid, liquid, gas, odour or combination of any of them that contributes to air pollution;
“air pollution” means the presence in the outdoor atmosphere of an air contaminant in quantities that may —
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(a) cause discomfort to or endanger the health or safety of persons;
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(b) cause injury or damage to property or to plant or animal life; or
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(c) interfere with visibility or other normal conduct of transport or business;
“Appeal Board” means the Licensing Appeal Board established under section 44;
“applicable law” means the Motor Vehicles Insurance (Third-Party Risks) Act or any Act replacing it;
“Board” means the Saint Lucia Road Transport Board established under section 48;
“certificate” means a certificate issued under this Act;
“charge” means a charge attaching to a vehicle given to a creditor, by agreement or operation of law, as security for payment of a debt owing to that creditor;
“citizen of a Protocol Member State” means a person, other than a citizen of Saint Lucia, who is a citizen of a Member State of the Organisation of Eastern Caribbean States that is a party to the Protocol of the Eastern Caribbean Economic Union; (Inserted by Act 22 of 2014)
“Commissioner” means the Commissioner of Police;
“conduct trade as a motor dealer” means —
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(a) engaging or advertising as engaging in the sale or exchange of motor vehicles or trailers; or
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(b) advertising, exhibiting or offering motor vehicles or trailers for sale or exchange,
in the course of business or in respect of at least 5 motor vehicles within a 12 month period;
“Custodian” means a person designated as such under section 157;
“diplomat” has the same meaning as in the Diplomatic & Consular Services (Immunities & Privileges) Act or any Act replacing it;
“district court” means the First District Court or Second District Court; (Inserted by Act 23 of 2014)
“driver” in respect of a stationary motor vehicle means a person in charge or in control of it;
“driver's licence” means a driver's licence issued under section 28;
“emergency motor vehicle” includes —
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(a) an ambulance;
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(b) a motor vehicle used by a police officer or a member of a fire department in the discharge of his or her duties;
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(c) any motor vehicle used in response to a disaster;
“head of mission” has same meaning as in the Diplomatic & Consular Services (Immunities & Privileges) Act or any Act replacing it;
“hire out motor vehicles or trailers” does not include the provision of a motor vehicle or trailer or any other hire of a motor vehicle or trailer with its driver and “hiring out a motor vehicle or trailer” shall be construed accordingly;
“industrial machinery” means any plant, equipment or motor vehicle that is not fitted with pneumatic tires or weighs in excess of 8½ tons;
“inspection report” means an inspection report referred to in section 16;
“inspector” means a person designated as such under section 16;
“Instructor's Licence” means an Instructor's Licence issued under section 34;
“intoxication test” means an intoxication test prescribed under section 75;
“kerb weight” means the unladen mass of a motor vehicle with all necessary operating parts, fluids and equipment while not loaded with passengers or cargo; (Inserted by Act 17 of 2015)
“Licensing Authority or Authority” means the Authority established under section 4;
“licence number” means the number issued under section 19;
“Licensing Officer” means a qualified public officer designated as such under section 6;
“Minister” means the Minister with responsibility for transport;
“motor cycle” means a motor vehicle with less than 4 wheels and the weight of which unladen does not exceed 800 pounds;
“motor dealer” means a person who is the holder of a valid Motor Dealer's Licence under section 35;
“Motor Dealer's Licence” means a motor dealer's licence issued under section 35;
“motor vehicle” means any mechanically propelled vehicle manufactured or adapted for use on roads;
“motor vehicle rental operation” means any undertaking in respect of which a licence is necessary under section 37;
“motor vehicle or trailer licence” means a motor vehicle or trailer licence issued under section 26;
“motor vehicle rental licence” means a motor vehicle rental licence issued under section 37;
“no parking zone” means the part of a public road designated as such under section 132;
“omnibus” means a motor vehicle designed to carry 9 – 16 persons for reward;
“paid-parking zone” means the part of a public road designated as such under section 132;
“parking” includes having a motor vehicle stationary for any length of time;
“parking attendant” means a person appointed as such under section 142;
“Parking Authority detention fees” means the Parking Authority detention fees set under section 165;
“Permanent Secretary” means the Permanent Secretary in respect of the portfolio of transport;
“permit “ means a permit issued under this Act;
“person in charge of motor vehicle” includes the registered owner;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“Protocol of the Eastern Caribbean Economic Union” means the Protocol of the Eastern Caribbean Economic Union to the Treaty of Basseterre establishing the Organisation of Eastern Caribbean States Economic Union; (Inserted by Act 22 of 2014)
“police detention fees” means police detention fees set under section 112;
“public officer” has the same meaning as in the Constitution of Saint Lucia;
“public omnibus” means a motor vehicle in respect of which an omnibus route permit is issued under section 54;
“public omnibus route permit” means a public omnibus route permit issued under section 54;
“public omnibus stand” means a public omnibus stand designated under section 53;
“public motor vehicle” means a public omnibus or a taxi;
“public road” means a road other than a road used by the public for vehicular traffic with permission of the owner or the licensee of the road;
“Register” means the Register of motor vehicles and trailers kept by the Licensing Authority under section 7;
“registered address” means the last known address as appears in the records of the Licensing Authority;
“registered creditor” means a person, other than a Parking Authority, who has a charge endorsed under section 8 against a motor vehicle;
“registered owner or owner” means a person inscribed on the Register as owner of the motor vehicle, except a Parking Authority inscribed under section 171;
“registration and licensing sticker” means the document for display evidencing the registration and licensing of a motor vehicle which complies with the requirements of this Act; (Inserted by Act 23 of 2014)
“registration number” means the number issued under section 19;
“reserved parking permit” means a reserved parking permit issued under section 137;
“reserved parking zone” means the part of a public road established as such under section 132;
“regulated parking area” means a network of streets designated as such under section 132;
“Review Commissioner” means the Review Commissioner appointed under section 175;
“road” means any way or course, whether public or not, available for vehicular or pedestrian use;
“special parking permit” means a special parking permit issued under section 138;
“taxi” means a motor vehicle designed to carry not more than 45 persons, that with its driver is operated for hire but does not include a public omnibus;
“taxi permit” means a taxi permit issued under section 55;
“taxi stand” means reserved parking for designated taxis from which fares may be solicited;
“temporary permit” means a temporary permit issued under section 31, 32 or 33;
“ticketable offence” means an offence designated as a ticketable offence under section 95 and listed in Schedule 3;
“Tourism Taxi” means a public service vehicle including tourism tour bus, safari jeep or jungle vehicle and other such vehicle other than a commuter bus with seating capacity of not less than 4 passengers and not more than 45, used primarily for transporting visitors, and meets the minimum standards of the Tourism Taxi sub sector;
“Tourism Taxi Driver's Licence” means an endorsement issued to a public service vehicle driver who meets the conditions of the minimum standards of the tourism taxi sub sector;
“traffic” includes vehicles designed to be moved by human power, pedestrians and animals being ridden, driven or led;
“traffic control device” means any thing placed or erected by the authority of the Minister or the Commissioner or a person authorized by either of them for the purpose of controlling traffic and includes a sign, signal, line, meter, marking, space, or barrier;
“traffic control signal” means a traffic control device, whether manually, electrically or mechanically operated, by which traffic is directed to stop and to proceed;
“traffic offence” means an offence in Part 7 of this Act;
“traffic officer” means a police officer or a Traffic Warden;
“trailer” means a vehicle that is at any time drawn on a road by a motor vehicle, except —
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(a) a vehicle designed and adapted exclusively for use in agricultural operations;
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(b) a side car attached to a motorcycle; and
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(c) a disabled motor vehicle that is towed by a tow car;
“Treaty of Basseterre establishing the Organisation of Eastern Caribbean States Economic Union” means the Treaty of Basseterre establishing the Organisation of Eastern Caribbean States Economic Union done at Castries on the 18th June 2010; (Inserted by Act 22 of 2014)
“vehicle” means any device in, on or by which a person or property is or may be transported or drawn, on a road but does not include a device designed to be moved by human power;
“visitor's driving permit” means a visitor's day permit issued under section 30.
(Amended by Act 1 of 2005 and Act 10 of 2006)