Monday, 10 February 2020

Trinidad and Tobago litter laws


Q:
I cannot stand people who litter… what are the laws on littering in Trinidad & Tobago?


A:
I am just as disgusted by people who litter, from as small as cigarette butts and straws!

Litter laws in Trinidad & Tobago are governed mainly by the following sections of the Litter Act 1973, as amended:

3(1)(b) – littering in a public place without reasonable excuse
3(2) – the unavailability of a bin is NOT a reasonable excuse
3(3) – if trash is thrown from a vehicle (except bus or taxi), and it is not possible to determine who littered, the driver will be ultimately responsible
3(5) – For individuals, the penalty for littering is a fine of $4000 or 6-months imprisonment; and for incorporated bodies, the penalty is a fine of $8000
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3A(1) – Transporting any material that is likely to blow off of a vehicle or trailer without it being properly secures or covered is an offence
3A(2) - For individuals, the penalty for littering is a fine of $4000 or 6-months imprisonment; and for incorporated bodies, the penalty is a fine of $8000
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4 – Littering on someone else’s property is an offence, for which the penalty is a fine of $4000 or 6-months imprisonment

5A – The penalty for repeat offenders is double the fine

6 – The Local authority has the power to instruct an owner or occupier of property to dispose of litter on said premises if it results in defacement or is dangerous to health or life


Tuesday, 7 January 2020

Street Vending laws in T&T


Q:
Is Street Vending actually illegal in Trinidad and Tobago?


A:
Yes, Street Vending without a license is illegal under the Summary Offences Act 1921, as amended:

64. (1) Any person who commits any of the following offences in any street is, for each offence, liable to a fine of two hundred dollars or to imprisonment for one month, that is to say, any person who:

(a) exposes for show, hire, or sale (except in a market or market place lawfully appointed for that purpose) any animal [meat]
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(c) offers or exposes for sale any herbage or forage in any public place in any town, other than such place or places as may from time to time be lawfully appointed for that purpose; [vegetables]

(d) exposes for sale any goods whatsoever so that the same project into or over any footway or beyond the line of the house, shop or building in which the same are exposed; [goods]

(e) hangs or places any clothes on any line or cord projecting over any part of any street, or on any wall, fence or paling abutting upon any street; [clothes]

Saturday, 28 December 2019

Consumer rights: no return, no refund

Q: 
What are Trinidad and Tobago laws with respect to refunds?

Why do some stores post "no refund" or state that their policy is "No cash refund"?

Is this legal???



A: 
The clause of no return, no refund is illegal according to Section 20(d)(ii) Sale of Goods Act 1895, as amended –  ‘reasonable’ time to return


Unfair Contract Terms Act 1985
8(1) In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage—
  • (a) arises from the goods proving defective while in consumer use; and
  • (b) results from the negligence of a person concerned in the manufacture or distribution of the goods liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.

Additionally:
Unfair Contract Terms Act 1985:
  • Goods must match the description given to them, and be of satisfactory quality and fit for their purposes. Contract terms which deny consumers the right to full compensation where goods are mis-described or defective are void and unenforceable
  • Terms which seek to pass on the risk of damage or loss before the goods are actually delivered are void and unenforceable
  • Terms disclaiming liability for sale goods or saying that sale goods cannot be returned are void and unenforceable