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).[Nederlandse versie is vind

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: motorcycles with or without sidecars, and three-wheeled motor vehicles: driver’s license A; 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; 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; 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; 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; motor vehicles referred to in subparagraph b, with automatic transmission: driver’s license B provided with code 78. 2.A driver’

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’

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’

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: the date on which and the type of the motor vehicle or motor vehicles for which the driver’s license is issued; the name, residence, and the date and place of birth of the holder of the driver’s license; 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’

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

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’

Article 118after 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: through which the offense has been committed; 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

1. 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
2. 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. Enacted in the public assembly of May 5th 2022.The Island Registrar,A.M. LevenstoneThe 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 Speed limit; the speed limit indicated may vary Description A 2 End speed limit Description A 3 Zone sign speed limit; the speed limit indicated may vary Description A 4 Zone sign end speed limit; the speed limit indicated may vary CHAPTER: B Right of way. Description B 1 Priority road Description B 2 End of priority Description B 3 Crossroads with priority Description B4 Give right of way to traffic on main road ahead Description B 5 Stop; Give right of way to traffic on main road ahead Description B 6 Priority road bending to the left Description B 7 Priority road bending to the right CHAPTER: C No-entry signs. Description C 1 Closed for traffic in both directions Description C 2 One-way road; closed for traffic in this direction Description C 3 One-way road Description C4 One-way road Description C 5 No access for motor vehicles on more than two wheels Description C 6 No access for trucks Description C 7 No access for motor vehicles with trailers Description C 8 No access for motor vehicles on two or three wheels Description C 9 No access for motor vehicles Description C 10 No access for bicycles and non-motor-powered disabled vehicles Description C 11 No access for pedestrians Description C 12 No access for vehicles and combinations of vehicles that, including the load, are longer than indicated on the sign Description C 13 No access for vehicles and combinations of vehicles that, including the load, are wider than indicated on the sign Description C 14 No access for vehicles and combinations of vehicles that, including the load, are higher than indicated on the sign Description C 15 No access for vehicles the axle load of which exceeds what is indicated on the sign Description C 16 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 Roundabout; mandatory direction Description D 2 Instruction for all traffic to pass the sign on the side indicated by the arrow Description D 3 Sign can be passed on both sides Description D4 Instruction to follow the direction indicated by the sign Description D 5 Instruction to follow the direction indicated by the sign; right Description D 6 Instruction to follow the direction indicated by the sign; left Description D 7 Instruction to follow either direction indicated by the sign Description D 8 Instruction to follow either direction indicated by the sign CHAPTER: E Parking and stopping Description E 1 No parking on the side of the road sign Description E 2 No stopping on the side of the road sign Description E 3 No parking bicycles and mopeds on the side of the road sign Description E4 Parking Description E 5 Disabled parking space Description E 6 Taxi parking space Description E 7 Blue zone; controlled parking zone Description E 8 End blue zone; controlled parking zone CHAPTER: F Other instructions. Description F 1 No overtaking for motor vehicles Description F 2 End no overtaking for motor vehicles Description F 3 No overtaking of motor vehicles by trucks Description F4 End no overtaking of motor vehicles by trucks Description F 5 Give way to oncoming vehicles Description F 6 Priority over oncoming vehicles Description F 7 No U-turns Description F 8 End of all road sign restrictions Description F9 Stop; the sign can indicate by whom or why the sign is applied CHAPTER: G Behavioral signs. Description G 1 Footpath Description G 2 End footpath Description G 3 Compulsory cycle track Description G 4 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 Hospital Description I 2 Bus stop Description I 3 Through traffic blocked Description I 4 Aid station or contact point CHAPTER: J Warning signs Description J 1 Uneven road Description J 2 Bend to right Description J 3 Bend to left Description J 4 Double bend, first to right Description J 5 Double bend, first to left Description J 6 Steep hill upwards Description J 7 Steep hill downwards Description J 8 Dangerous crossroads Description J 9 Roundabouts; exclusively used as advance warning at a distance from a roundabout Description J 10 Roadworks ahead Description J 11 Road narrows on both sides Description J 12 Road narrows on the right side Description J 13 Road narrows on the left side Description J 14 Slippery road Description J 15 Children Description J 16 Pedestrian crossing Description J 17 Pedestrians Description J 18 Cyclists Description J 19 Loose chippings Description J 20 Quayside Description J 21 Livestock/donkeys Description J 22 Two-way traffic Description J 23 Danger (the type of danger is mentioned on the additional sign below) Description J 24 Low-flying aircraft Description J 25 Speed bump CHAPTER: K Other signs Description K1 No vehicles over height shown Description K2 Pedestrian crossing Description K3 No through road Description K4 Advance warning no through road Description K5 Water source: sign to indicate the presence of a water source on site for the fire department Description K6 Warning, speed bumps Description K7 Warning, children playing Description K8 Mind our children Description K9 Cyclists to the roadway Description K10 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
3. 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
4. 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
5. 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
6. 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 no