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MOTOR VEHICLES AND ROAD TRAFFIC ACT
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72.   Traffic sign or other device

Revised Laws of Saint Lucia (2022)

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72.   Traffic sign or other device

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    (1)   Subject to subsection (2), the Licensing Authority may cause or permit traffic signs or other devices to be placed, erected or otherwise marked on or near any road, and may authorize any traffic signs or devices so placed, erected or otherwise marked before the coming into force of this Act to be retained.

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    (2)   The Licensing Authority shall not cause or permit any traffic sign or device to be placed, erected or otherwise marked, or authorize the retention of any traffic sign, on or near any road where such sign or device is not in conformity with the provisions of this Act.

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    (3)   The size, colour and type of any traffic sign or device may be prescribed, and in such event the traffic sign shall be of the prescribed type and substantially of the prescribed size, colour, and where the size, colour and type thereof are not prescribed, shall be of a character authorized by the Licensing Authority.

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    (4)   Every traffic sign or device erected, placed, marked or retained on or near any road shall, unless the contrary is proved, be deemed —

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      (a)     to have been lawfully so erected, placed, marked or retained; and

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      (b)     to be of the prescribed type and substantially of the prescribed size and colour, where the size, colour and type of the same have been prescribed, and in other cases to be of a character authorized by the Licensing Authority under this section.

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    (5)   A person, other than the Licensing Authority or any person acting under the direction of the Licensing Authority, shall not except with the general or special permission, in writing, of the Licensing Authority —

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      (a)     erect, place or mark any traffic sign or device on or near any road; or

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      (b)     retain any traffic sign or device erected, placed or marked, or caused to be erected, placed or marked by the Licensing Authority on or near any road.

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    (6)   Without prejudice to the operation of subsection (8), nothing in this subsection applies to any traffic sign or device —

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      (a)     which the owner of any land erects, places, marks or retains, or causes to be erected, placed, marked or retained, on or near any private road which is situated on such land; or

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      (b)     which any person erects, places, marks or retains, on or near any road under any authority conferred upon him or her by or under any law of Saint Lucia other than this Act.

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    (7)   For the purposes of subsection (6) —

“owner” in relation to any land includes any person in lawful occupation of such land; and

“private road” means any privately owned street, road or open space to which the public are granted access conditionally.

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    (8)   The Licensing Authority may, by notice in writing, require the owner or occupier of any land on which there is a traffic sign or device or any object which so closely resembles a traffic sign or device that it might reasonably be taken to be such a sign or device, to remove it.

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    (9)   If any person fails to comply with a notice under subsection (8), the Licensing Authority may effect or authorize the removal, doing as little damage as possible and may, except where such sign or device was erected, placed, marked, or retained by the Licensing Authority, recover in a court of competent jurisdiction as a civil debt from the person so in default, the expenses incurred by the Licensing Authority in removing such a sign or device.

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    (10)   The Licensing Authority or any person authorized by the Authority in that behalf may, on any land near to or adjoining a road, cut branches of trees, or other vegetation, or remove any other thing which obscures or is likely to cause damage to a traffic sign or device.

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    (11)   The Licensing Authority shall prior to exercising its powers under subsection (10), give 3 days notice in writing to the owner or occupier of the land of its intention to exercise such powers.

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    (12)   The Licensing Authority or any person authorized by the Authority in that behalf may enter any land near to or adjoining a road —

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      (a)     for the purpose of exercising any power conferred by this section upon the Licensing Authority; or

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      (b)     for the purpose of replacing or maintaining traffic signs or devices.

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    (13)   The Licensing Authority shall do as little damage as possible in executing any work authorized under this section.

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    (14)   In a case where a traffic officer, in uniform, is engaged in the regulation of traffic on a road or where any traffic sign or device, being a sign or a device for regulating the movement of traffic or indicating the route to be followed by traffic, has been lawfully placed, erected, marked or retained on or near any road, a person driving or propelling any vehicle or any person riding or driving any animal —

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      (a)     who neglects or refuses to follow a direction or signal given to that person by a traffic officer in uniform in the execution of his or her duty; or

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      (b)     who fails to conform to the indication given by the traffic sign or device,

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    commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both. (Substituted by Act 10 of 2006)

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    (15)   A person who —

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      (a)     unlawfully places, erects, marks or retains, or causes to be placed, erected, marked or retained, any traffic sign or device on or near any road; or

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      (b)     removes, defaces, damages, alters, obscures or in any way interferes with any traffic sign lawfully placed, erected, marked or retained on or near any road,

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    commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both. (Substituted by Act 10 of 2006

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    (16)   If any person owning or having any interest in any property suffers pecuniary loss by reason of any damage to such property resulting from the exercise by the Licensing Authority of the powers conferred upon the Licensing Authority under this section, compensation shall be payable to such person in respect of such loss.

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    (17)   Where any difference arises between any person claiming compensation under subsection (16) and the Licensing Authority as to whether such person is entitled to any such compensation or as to the amount of such compensation, such difference shall, on the written application of such person or the Attorney General, be determined —

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      (a)     if the amount of the compensation claimed does not exceed $5,000, by a magistrate; and

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      (b)     if the amount of the compensation claimed exceeds $5,000, by a judge of the High Court,

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    in like manner as if such magistrate or judge were a single arbitrator appointed under the Arbitration Act, and the provisions of the said Act shall apply accordingly.

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    (18)   Compensation payable under this section shall be defrayed out of moneys provided for the purpose by Parliament.

(Amended by Act 10 of 2006)

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