Related documents
- Is amended by Roads and Road Traffic (Amendment) Act, 1997
- Is amended by Roads and Road Traffic (Amendment) Act, 2000
Zambia
Roads and Road Traffic Act, 1958
Chapter 464
- There are multiple commencements
- [This is the version of this document as it was at 31 December 1996 to 31 January 1997.]
Provisions | Status |
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Part I (section 1–2); Part II (section 3); Part IIA; Part IIB (section 4–30); Part III, section 31–47; Part V, section 64; Part VIII (section 122–132); Part XII, section 178–181, section 183–191; Part XIII, section 192–198, section 199–206, section 208, section 210–217, section 219–222, section 224–229, section 231–241; Part XIV, section 242–243, section 251–255, section 257–258, section 260–261 | commenced on 6 March 1959. |
Part IX, section 133–142, section 144–146 | commenced on 1 July 1959. |
Part V, section 65–82; Part VI (section 83–109) | commenced on 1 January 1960. |
Part XIII, section 223 | commenced on 26 August 1960. |
Part XII, section 182 | commenced on 15 September 1961. |
Part XIV, section 250 | commenced on 1 November 1961. |
Part XIV, section 246–249 | commenced on 1 December 1961. |
Part VII (section 110–121); Part X, section 147–149, section 153–165 | commenced on 1 February 1962. |
Part XI (section 166–177); Part XIV, section 245, section 259 | commenced on 1 December 1962. |
Part XIV, section 256 | commenced on 19 July 1963. |
Part IX, section 143; Part X, section 150, section 151–152; Part XIII, section 207, section 209, section 218, section 230 | commenced on 29 April 1966. |
Part XIII, section 198A–198B | commenced on 24 December 1971. |
Part III, section 48–54; Part IV (section 55–63); Part X, section 150A; Part XII (in part); Part XIII, section 241A–241B; Part XIV, section 244 | not yet commenced. |
Part I – Preliminary
1. Short title and commencement
This Act may be cited as the Roads and Road Traffic Act.2. Interpretation
In this Act, unless the context otherwise requires—"advertisement" includes any structure or apparatus erected, or intended, for the display of advertisements, but shall not include a traffic sign prescribed or authorised under the provisions of section twenty-five;"Agricultural Officer" means an Agricultural Officer or a Land Settlement Officer of the Government, and any other person declared by the Minister by Gazette notice to be an Agricultural Officer;"animal" means any horse, cattle, ass, mule, sheep, pig, goat or dog;"auto cycle" means a bicycle which has pedals and a motor attached and can be propelled by means of such pedals and by mechanical or electrical power from such motor;"axle weight" means, in relation to an axle of a vehicle, the aggregate weight transmitted to the surface of the road or other base whereon the vehicle moves or rests by the several wheels attached to that axle;"bicycle" shall include a tricycle;"carriageway" means that part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but shall not include a cycle track;"code" means the Highway Code authorised under section two hundred and fifty-seven;"the Commissioner" means the Road Traffic Commissioner appointed under this Act, and shall include the Deputy Road Traffic Commissioner and an Assistant Road Traffic Commissioner when exercising such functions of the Road Traffic Commissioner as may be delegated to him by the Road Traffic Commissioner under the provisions of section sixty-four;"concession" means an exclusive concession granted under the provisions of section one hundred and seventy-eight;"concession area" or "concession road" means any area or road, as the case may be, in or on which a concession holder is authorised by his concession to provide a motor omnibus service;"concession holder" means a person to whom a concession has been granted;"construction vehicle" means—(a)a motor vehicle incorporating water-boring machinery, or construction machinery of the nature of a crane, grader, shovel, scraper, pipelayer, cablelayer, or of such other nature as may be prescribed;(b)any motor vehicle or class of motor vehicle which may be regulation be declared to be a construction vehicle;"contract car" means a motor vehicle primarily constructed or adapted for the carriage of passengers and having seating accommodation for not more than seven persons other than the driver which is let out on hire to a hirer who is himself to drive or provide the driver for such motor vehicle;"cycle track" means a portion of a road exclusive of the carriageway set aside for use solely by persons riding bicycles;"driver", in relation to a vehicle, means the person or persons having control of the steering apparatus thereof, and in respect of a trailer, means the person or persons driving the vehicle by which the trailer is being drawn, and in respect of an animal-drawn vehicle, means the person or persons driving the animals; and "drive" has a corresponding meaning;"driving examiner" means any person appointed under the provisions of this Act to examine persons for driving licences;"existing operator" means any person who, at the date of the grant of a concession, is providing a motor omnibus service along any road or in any area in respect of which such concession is granted;"fare" means the amount paid or payable for a passenger's conveyance in a public service vehicle or for the hire of a whole passenger-carrying public service vehicle, and includes any sum paid or payable for the conveyance of luggage in excess of any free allowance and any other sums lawfully charged or chargeable by the owner of a public service vehicle or by his representative in connection with the conveyance of a passenger in such vehicle;"footpath" means a portion of a road exclusive of the carriageway set aside for use solely by pedestrians;"free area" or "free road" means an area or road, as the case may be, to which no concession applies;"gate" means a swing gate of sufficient width to allow the reasonable free use of the road, having regard to the traffic thereon, and of not less width than fourteen feet, having a balance or catch or other free fastener so fixed as to enable the gate to swing clear of the road free from drag;"goods" includes goods or burden of any description;"goods vehicle" means a motor vehicle constructed or adapted for use primarily for the carriage or haulage of goods, or a trailer so constructed or adapted;"gridiron track" means a track constructed through an opening in a fence intersecting a road, with the object of allowing the passage of vehicles and preventing the passage of livestock;"gross weight" means the net weight of a motor vehicle or trailer together with such weight of goods or passengers or both as the vehicle or trailer may be authorised in terms of this Act to carry;"heavy trailer" means a trailer exceeding eight thousand pounds gross weight;"heavy vehicle" means a motor vehicle exceeding eight thousand pounds gross weight;"heavy goods vehicle" means a heavy vehicle, constructed or adapted for use for the carriage or haulage of goods, or a heavy trailer so constructed or adapted;"highway authority" means the authority responsible for the construction, care and maintenance of any road or class of road in accordance with the provisions of this Act;"hire car" means a public service vehicle having seating accommodation for not more than seven persons other than the driver which is let with a driver under contract over a period which is not less than twenty-four hours for the carriage of passengers otherwise than at separate fares;"identity card" means, in the case of a police officer, a certificate of appointment or other document issued by or on behalf of the Commissioner of Police and, in the case of a road traffic inspector, a certificate of appointment or other document issued by or on behalf of the Commissioner, to enable the holder to be identified as a police officer or road traffic inspector, as the case may be;"intersection" means the crossing of two or more roads;"intoxicating liquor" includes both intoxicating liquor as defined in the Liquor Licensing Act and traditional beer as defined in the Traditional Beer Act;[Cap. 167; Cap. 168]"invalid carriage" means a mechanically propelled vehicle the weight of which unladen does not exceed five hundredweight and which is specially designed and constructed, and not merely adapted, for the use of persons suffering from some physical defect or disability and is used solely by such persons;"laden weight" means the net weight of a motor vehicle or trailer, together with the actual weight of goods or passengers or both carried by such vehicle or trailer;"licensing officer" means a person appointed as such under the provisions of section sixty-four;"light trailer" means a trailer fitted with pneumatic tyres, the gross weight of which does not exceed two thousand pounds;"lighting-up time" means from sunset to sunrise;"local authority" means a municipal council, township council or mine township board, but does not include a rural council; and "local authority area" means the area over which a local authority exercises jurisdiction;"manufacturer's permitted gross weight" means the weight that the manufacturer of a motor vehicle or trailer or his representative certifies that such vehicle or trailer has been built to carry, and in addition its own weight;"motor cycle" means any motor vehicle—(a)which is carried on two wheels only and includes any such motor vehicle with a sidecar or similar attachment, and an auto cycle; or(b)which is carried on three wheels only, is not capable of being driven backwards under its own power, and does not exceed seven hundred pounds net weight;"motor omnibus" means a public service vehicle, other than a hire car and a taxicab, hired for conveying passengers or otherwise used for conveying passengers for reward, whether at separate fares or otherwise;"motor omnibus service" means a road service for the carriage of passengers in motor omnibuses but, save as provided by section one hundred and eighty-seven, does not include the carriage of goods in, on or about any motor omnibus or any trailer attached thereto;"motor vehicle" means any mechanically propelled vehicle intended for use, or capable of being used, on roads unless such vehicle shall have been specifically excluded by regulation from this definition;"net weight" means the actual weight of a motor vehicle when unladen, but inclusive of the weight of the body, the full amount of water, fuel and accumulators which are normally carried or used for purposes of propulsion and the normal full equipment of loose tools and accessories, and, in the case of a trailer, means the actual weight of the trailer when unladen but inclusive of the normal full equipment of loose tools and accessories;"owner" means, in relation to a vehicle other than a registered motor vehicle or trailer, the person having habitual possession and control thereof and, in relation to a registered motor vehicle or trailer, the person in whose name the motor vehicle or trailer is registered:Provided that in the case of a vehicle or trailer which is the subject of a hire-purchase agreement, the term means the person in possession of the vehicle under that agreement;"Panel" means the Road Transport Panel established under section one hundred and forty-seven;"parcel" means any package not exceeding eleven pounds in weight, and not exceeding three feet six inches in length or six feet in length and girth combined;"park" means to keep a vehicle, whether occupied or not, stationary for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or goods;"pneumatic tyre" means a tyre composed of flexible material and when in use kept inflated at an air pressure greater than atmospheric pressure;"prescribed" means prescribed by rules or regulations made under this Act;"private motor car" means a motor vehicle (other than a public service vehicle, motor cycle or contract car) constructed or adapted for use primarily for the carriage of passengers and includes vehicles commonly known as "coupe imps" and "station-wagons";"private motor omnibus" means a motor vehicle, other than a public service vehicle, having seating accommodation for more than seven persons other than the driver;"public place" includes any public way or place, other than a building, to which for the time being the public are entitled or permitted to have access either with or without condition;"public road" means any road of a class described in section three;"public service vehicle" means a motor vehicle or trailer, other than a contract car, hired for conveying passengers or goods or both or otherwise used for conveying passengers or goods or both for reward:Provided that for the purposes of this definition a hire-purchase agreement shall not be deemed to be a hiring.Goods shall be deemed to be carried for hire or reward if the person who has purchased or otherwise acquired such goods from some other person transports them to any other place, and thereupon resells or otherwise disposes of them to the person from whom he purchased or otherwise acquired them;"road" means any highway, and any other road to which the public have access and any public place to which vehicles have access and any road in any residential area, whether access to it is restricted or not, which is part of a municipality, township or mine township, and includes any bridge, ford, culvert or other work in the line of such road;"road reserve" means any part of a road other than the carriageway, footpath and cycle track;"road traffic inspector" means any person appointed as such by Gazette notice;"structure" includes—(a)any building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could in like manner cause an obstruction; and(b)any external alteration or addition to a structure;"taxicab" means a public service vehicle having seating accommodation for not more than seven persons other than the driver which is let with a driver over a period of less than twenty-four hours for the carriage of passengers otherwise than at separate fares;"ton" means one thousand kilogrammes;"tractor" means a motor vehicle which is used for the purpose of drawing one or more trailers, but which is not itself designed to carry any load;"traffic" includes vehicles, pedestrians, processions and bodies of troops, and all animals being ridden, driven or led;"traffic sign" means any object or device, whether fixed or portable, for conveying warning, information, requirements, restrictions, prohibitions of any description prescribed or authorised under this Act to traffic or any specified description of traffic on any road, and includes any line or mark on a road for conveying such warnings, information, requirements, restrictions or prohibitions;"trailer" means any vehicle which has no independent motive power of its own and which is drawn, or which is designed to be drawn, by a motor vehicle. It does not include a sidecar attached to a motor cycle, nor a farm implement that is not constructed or adapted for the conveyance of goods or burden of any description;"Tribunal" means the Road Service Appeal Tribunal established under section one hundred and fifty-eight;"undertaker" means the authority, body or person by whom a statutory power to execute undertakers' works is exercisable in the capacity in which that power is vested in them;"undertakers' works" means works (including works executed or to be executed on behalf of the Government) for any purposes other than road purposes, being works of any of the following kinds, that is to say:(a)placing apparatus, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or changing the position of apparatus or removing it;(b)breaking up or opening a road for the purposes of works mentioned in paragraph (a) of this definition, and tunnelling or boring under a road for those purposes, breaking up or opening a sewer, drain or tunnel for those purposes, and other works requisite for or incidental to those purposes, and shall include laying any pipeline, wire or cable on or over any such road;"vehicle" includes any engine, wagon, dray, cart, carriage, bicycle, or other means of carrying goods or persons by land, having two or more wheels, whether drawn or propelled by human, animal, steam, electric or other power;"vehicle examiner" means any person appointed under the provisions of this Act to examine motor vehicles;"works" includes any pipe, tube, tunnel, permanent excavation, quarry, irrigation works, borehole or well, and any addition or alteration to such works.[As amended by Nos. 19 and 26 of 1959, No. 38 of 1960, No. 17 of 1961, No. 25 of 1963, S.I. No. 36 of 1964, S.I. No. 122 of 1965, No. 19 of 1966, No. 25 of 1969, No. 50 of 1970 and No. 3 of 1971]Part II – Roads: General
3. Classification of roads
The public roads of Zambia shall be classified as follows:Part IIA
[Repealed by Act No. 35 of 1995 (now Cap. 471)]Part IIB
[Repealed by Act No. 35 of 1995 (now Cap. 471)]4. Territorial main roads
5. District roads
6. Branch roads
7. Rural roads
8. Estate roads
9. Exemption of roads from certain provisions of this Act
The Minister shall have power to declare, by statutory notice, that the provisions of sections twenty-seven, twenty-eight, twenty-nine, thirty, forty-three and forty-eight to fifty-four shall not apply to branch roads, rural roads or estate roads in any area or areas which may be designated in such notice.[As amended by No. 25 of 1969]10. Public roads dedicated to public use
11. Service of notice in Reserves, etc.
Whenever under any of the provisions of this Act any notice is required to be served upon the owner or occupier of land, then, in respect of Reserves and Trust Land, such requirement shall be deemed to have been satisified by the service of a notice upon the District Secretary in whose District the land concerned is situated.12. Highway authorities in local authority areas
13. Width of roads
14. Control points of access, structures, etc.
15. Opening of branch roads
16. Report and recommendations to be submitted to Minister
17. Branch roads may be designated district roads
18. Consideration and determination of application
19. Reclassification, closure or diversion of road
The Minister upon sufficient cause shown to his satisfaction may, by statutory notice and advertisement in one newspaper published or commonly circulating in the district concerned, declare that any road or part thereof designated or classified as an inter-territorial or a territorial main road, district road, branch road or rural road shall, as from the date to be stated in the said notice, cease to be so designated or shall be reclassified or shall be diverted:Provided that in the case of any such road or portion thereof situated in a local authority area, the powers conferred upon the Minister by this section in respect of diversions shall be exercised by the local authority, subject to the provisions of any law in force in such local authority area and subject to the right of appeal by any persons to the Minister.[As amended by No. 25 of 1969]20. Notice to be given
21. Disposal of storm water
22. Storm water from land adjoining
23. Control of roads and traffic
24. Powers of highway authority to control traffic
25. Traffic signs
26. Temporary traffic signs
27. Control of advertisements
28. Removal or alteration of advertisements
29. Exceptions
30. Experimental schemes of traffic control
Where it appears to the Commissioner of Police expedient so to do for the purpose of carrying out within any specified area an experimental scheme of traffic control, he may, with the consent of the Minister and after giving such notice as the Minister may direct, make regulations for regulating vehicular traffic in any manner specified by regulation:Provided that in no case shall the Minister give consent to any such scheme without prior consultation with any local authority concerned.Part III – Care, maintenance and construction of roads
31. Care, maintenance and construction of roads
32. Liability of highway authorities and their staff
33. Power of highway authority to enter upon land
34. Power to construct and maintain deviations
35. Power to reserve land for proposed roads
36. Reservation of road reserve
37. Withdrawal or modification of reservation
The Minister may at any time withdraw or modify any reservation made under the provisions of section thirty-five or thirty-six by Gazette notice and by notifying the Registrar of Lands and Deeds of such withdrawal or modification.38. Unauthorised acts on reserved land
Where on any land reserved in terms of section thirty-five or thirty-six any person does any act calculated to impede the purposes for which the land has been reserved or which he has not been authorised by the Minister to do, the Minister may, by notice in writing, direct such person, at his own expense and within such period as shall be specified in such notice, to restore such land to the condition in which it was immediately before such unauthorised act, and if such person fails to comply with such direction within the period specified, he shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both, and the Minister may cause to be carried out such work as may be necessary to restore the land and may recover from such person any expense incurred in such work.[As amended by Act No. 13 of 1994]39. Compensation
40. Power to take materials for roadworks
41. Highway authorities' employees may park vehicles, erect huts, etc., on private land
Persons employed by any highway authority under this Act in the construction or repair of any road or proposed road shall have the right, provided that before exercising such right under this section they shall give reasonable notice to and in consultation with the owner or occupier of any land which will be affected—42. Contractors may exercise rights granted to highway authority
The rights granted to and the obligations of a highway authority under the provisions of sections twenty-one, thirty-four, forty and forty-one may be exercised by a contractor under the supervision or direction of the highway authority engaged in the construction or repair of roads and on behalf of any highway authority:Provided that in the case of any damage done by a contractor, any compensation payable under this Act shall be paid by the highway authority concerned.43. Power to undertake ancillary works
44. Provision of footpaths, cycle tracks, etc.
A highway authority shall have the power to provide, wherever it shall deem it necessary or desirable for the safety or accommodation of foot passengers, proper and sufficient footpaths by the side of roads under its control and to provide, wherever it shall deem necessary for the safety or accommodation of ridden horses, driven livestock, agricultural machinery or pedal cyclists, grass or other margins or tracks by the side of roads under its control.[As from 30th March 1973 by S.I. No. 86 of 1973]45. Ferries and pontoons
46. Power to make rules controlling the construction of cattle grids
The Minister may, by statutory instrument, make rules regulating and controlling the construction of cattle grids and providing for the recovery by a highway authority of the cost incurred by it in constructing any cattle grid.[No. 17 of 1961 as amended by G.N. No. 275 of 1964]47. Prevention of damage, etc., to roads
48. Regulation of undertakers' works
49. Execution of undertakers' works
50. Undertakers to provide warning and safety precautions
51. Works at railway crossings
52. Removal of apparatus
Where there is placed in a road apparatus required only in connection with building operations or other work on land adjacent to such road, if the apparatus is not removed on completion of such building or other work, the highway authority may give the undertaker notice requiring him to remove it and if it is not removed within eight days from the giving of such a notice, the authority may remove it and the undertaker shall pay to the authority an amount equal to the cost reasonably incurred in such removal and in any restoration or repair to the road occasioned by the presence or removal of the apparatus concerned.53. Powers enjoyed by electricity undertakings
The powers conferred upon authorised undertakings in terms of sections twenty-three (5) and twenty-six of the Electricity Act shall, in so far as they relate to the doing of work in or over any road, street, road reserve, or street margin, be exercised in accordance with the preceding sections of this Act.[As amended by G.N. No. 293 of 1964][Cap. 433]54. Limitation of time in which works may be executed
Part IV – Road boards
55. Constitution of road boards
56. Disqualifications
No person shall be appointed, or continue to be, a member of a road board—57. Vacation of office
A member of a road board shall vacate his office—58. Suspension or removal of member
The Minister may suspend and remove any member of a road board from his office on the ground of his incapacity to act as such or misbehaviour or for any other good and sufficient reason.[As amended by No. 17 of 1961]59. Period of membership
Subject to the provisions of section fifty-seven, every member of a road board shall hold office for a period of three years from the date of his appointment.60. Vacancies
61. Quorum
Four members of a road board including the chairman shall form a quorum provided that where the membership of a board is less than five including the chairman the quorum shall be three members of whom one shall be the chairman, and provided further that at any meeting from which the chairman is absent, such other member of the board as may for such meeting be appointed by the members present shall act as chairman.62. Functions of road boards
A road board shall—63. Interest of members
Part V – Registration of motor vehicles and trailers
64. Appointment of Road Traffic Commissioner and other officers
65. Motor vehicle and trailer registers
66. Registration of motor vehicles and trailers
67. Change of ownership
68. Position of registered owner who is not absolute owner
69. Furnishing evidence of weights and dimensions of motor vehicle or trailer
70. Previous registration deemed to be registration under this Act
Notwithstanding anything to the contrary contained in section sixty-six, it shall not be necessary to register under this Act any motor vehicle registered under the provisions of the Motor Traffic Act, Chapter 138 of the 1930 Edition of the Laws, or of the Motor Traffic Act, Chapter 172 of the 1960 Edition of the Laws, but any such vehicle shall be deemed to be registered under this Act, and the registration mark assigned to such vehicle under the provisions of either of the said Acts shall be deemed to have been assigned under the provisions of this Act.71. Temporary registration cards
72. Details required
Temporary registration cards shall specify such particulars as may be prescribed.73. Particulars to be endorsed on application form
The licensing officer when issuing any such temporary registration cards shall endorse on the application form relating thereto such particulars as may be prescribed.74. Motor vehicle or trailer deemed to be registered, etc.
A motor vehicle or trailer shall be deemed to be registered and licensed under this Act and a registration book shall be deemed to have been issued under this Act for a motor vehicle or trailer if valid temporary registration cards issued in respect of the motor vehicle or trailer are attached to it in the prescribed position.75. Special examination of motor vehicles and trailers
76. Tests of satisfactory condition of motor vehicles and trailers
77. Obligatory test certificates
78. Provisions not applicable to vehicles to which Part XI applies
The provisions of sections seventy-five (2), (3), (4), (5) and (6), seventy-six and seventy-seven shall not apply in relation to any motor vehicle or trailer to which the provisions of Part XI apply.79. Destruction or permanent removal of motor vehicles or trailers from Zambia
80. Exemptions from need for registration
The following classes of motor vehicles or trailers shall be exempted from the need for registration:81. Registration marks
82. Offences in connection with registration marks
Part VI – Vehicle licensing
83. Vehicles to be licensed
84. Form of licence
85. Duration of licence
Every vehicle licence, not being a licence for a motor vehicle or trailer, shall be in force from the date of issue thereof until the next ensuing 31st December.86. Owner paying tax to receive licence or token
The owner of a vehicle, not being a motor vehicle or trailer, to whom a vehicle licence is issued shall be provided with a licence or token which shall be in the form prescribed as suitable for the particular class or type of vehicle, and shall maintain the said licence or token affixed while valid in a conspicuous place on the vehicle in respect of which it is issued. In the event of any such licence or token being lost, a new licence or token may be issued to the owner on payment of the prescribed fee.87. Transfer of licence of vehicle other than motor vehicle or trailer
88. Application for licence
Application for the licensing of a motor vehicle or trailer shall be made on such form as may be prescribed, or, if no such form is prescribed, in person or by letter.89. Issue of licences
Subject to the provisions of this Part, licences in respect of motor vehicles and trailers shall be issued by the licensing officer to whom application is made, who shall enter on such licence such particulars as may be prescribed, including the purpose for which the vehicle or trailer is being licensed.[As amended by No. 26 of 1959]90. Conditions to be satisfied before issue of licence
A licensing officer shall not issue a motor vehicle or trailer licence unless the motor vehicle or trailer has been duly registered, or renew a motor vehicle or trailer licence unless he is satisfied that the motor vehicle or trailer does not differ in any respect from the particulars in the register.91. Alteration in conditions on which licence is issued
92. Suspension or refusal of licences
93. Duplicate motor vehicle and trailer licences
If a motor vehicle or trailer licence is lost, defaced, mutilated or rendered illegible, the licensing officer shall issue a duplicate licence on payment of the prescribed fee:Provided that, if any such licence be subsequently found, the holder of the duplicate shall forthwith deliver up to the licensing officer the duplicate, and any person knowingly retaining or having in his possession both an original and a duplicate licence shall be guilty of an offence under this Act.94. Duration of licence
Every motor vehicle and trailer licence shall be in force from the date of issue until—95. Taxes
96. Disposal of taxes
All taxes collected under the provisions of section ninety-five shall be paid into the general revenues of the Republic.[As amended by No. 38 of 1960, S.I. No. 122 of 1965 and No. 19 of 1966]*This subsection shall be deemed to have come into force on 6th July, 1963. (See Act No. 37 of 1963.)97. Licence to be carried on motor vehicle or trailer
98. Penalty for affixing false licence or token
Any person who shall manufacture or be in possession of or affix any false licence or token to any vehicle, or who shall affix a licence or token to a vehicle other than the vehicle in respect of which it was issued, shall be liable upon conviction, in the case of a first offence, to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, and in the case of a second or subsequent offence, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.[As amended by Act No. 13 of 1994]99. Motor dealer's vehicle licence
Notwithstanding any other provision contained in this Part, a licensing officer may issue to a dealer in or manufacturer of motor vehicles or trailers, who makes application on the prescribed form, a motor dealer's vehicle licence which, subject to the payment of the tax specified in the First Schedule and to the provisions of sections one hundred to one hundred and six, and to any other conditions which may from time to time be prescribed, shall authorise the use of such number of motor vehicles or trailers as may be specified therein.100. Use of motor dealer's vehicle licence
A motor dealer's vehicle licence in the prescribed form shall authorise the use of any motor vehicle or trailer which is being driven to the motor dealer's place of business after delivery to him, or being tested by the motor dealer, or being tested or used for the purpose of effecting a sale, or for such other purposes as may be prescribed. It shall not authorise the carriage of passengers or goods for hire or reward or any passenger not employed by the motor dealer or not engaged in testing the vehicle or trailer or inspecting the same with a view to purchase.101. Motor dealer's identification plates
The licensing officer shall assign sufficient identification numbers and, if it is so prescribed, sufficient discs or other tokens in the prescribed form to identify all vehicles and trailers used under the authority of a motor dealer's vehicle licence, and shall enter such numbers in the licence. The plates bearing the assigned identification numbers shall be interchangeable between all vehicles or trailers in the motor dealer's possession when used for the purpose set forth in section one hundred and shall be fixed or suspended on the vehicle or trailer in the prescribed manner.102. Duration of motor dealer's vehicle licence
A motor dealer's vehicle licence shall continue in force from the date of the granting thereof until the next following 31st December:Provided that the licence shall cease to be valid if the motor dealer ceases to carry on business in the district in which it is issued, and provided further that it may be transferred or assigned to any other motor dealer with the sanction of the licensing officer.103. Fee for motor dealer's vehicle licence
For each separate identification number included in a motor dealer's vehicle licence a fee shall be charged as specified in the First Schedule.104. Cancellation of motor dealer's vehicle licence
Where the holder of a motor dealer's vehicle licence is convicted before any court of an offence contrary to any of the provisions of this Act or of any regulations made thereunder relating to such licences, the court may in addition to imposing any other penalty order the cancellation of such licence.105. Motor dealer's vehicle licence not to be misused
106. Farm vehicle licences
Notwithstanding any other provision contained in this Part, a licensing officer may issue to any farmer who makes application in the prescribed form and manner a farm vehicle licence which, subject to the payment of the tax specified in the First Schedule and to any other conditions which may from time to time be prescribed, shall authorise the use of such number of motor vehicles and trailers, used exclusively by the farmer concerned for agricultural purposes as may be specified therein, subject to the following provisions:107. Contract cars
108. Power to remit fees
The *Minister may, if he thinks fit, remit the whole or any portion of any fee prescribed for a licence issued under the provisions of this Act, either unconditionally or on such terms as he may deem fit to enforce, and he may delegate his powers to such officers and on such conditions as he thinks fit.*Power delegated to the Road Traffic Commissioner to remit fees for short-term road service licences issued for the carriage of maize and farm produce from rural areas to collection centres on or near main roads and in respect of vehicles authorised for use under such licences by S.I. No. 461 of 1969.109. Provisions of Part VI not to apply to certain vehicles
Part VII – Driving licences: Issue, testing, etc.
110. Necessity to hold driving licence
111. Application for issue of driving licence
112. Driving tests
113. Provisional driving licences
114. Physical fitness
A licensing officer shall not issue a provisional driving licence to any person who is unable to certify in the prescribed manner that his physique, vision, hearing, and bodily and mental fitness are such as to warrant the issue to him of a licence, and before issuing a provisional driving licence the licensing officer may, if he thinks fit, require the applicant to produce a satisfactory medical certificate in such form as may be prescribed, signed by a registered medical practitioner.[As amended by No. 17 of 1961]115. Classes of motor vehicle
116. Age of driver
117. Driving test fees
118. Form and duration of licences
119. Fees for licences
120. Revocation, etc., of driving licences
121. Appeals
Part VIII – Driving licences: Suspension, cancellation, endorsement
122. Powers of court
123. Right of appeal
A person whose licence by virtue of an order of a court is suspended or cancelled or who is disqualified from holding or obtaining a driving licence, or whose licence is endorsed, may appeal against the order in the same manner as against a conviction, and the court may, if it thinks fit, pending an appeal, suspend the operation of the order.124. Production of driving licence for endorsement
Where an order is made requiring any licence or its equivalent held by an offender to be endorsed, then—125. Suspended licence to be of no effect
A driving licence or its equivalent suspended by a court shall during the period of suspension be of no effect, and a person whose licence or its equivalent is cancelled and who is declared by the court to be disqualified from obtaining a licence shall during the period of such disqualification be disqualified from obtaining a driving licence.126. Application for removal of disqualification
127. Removal of disqualification no longer provided for
Where as a result of any order passed prior to the commencement of this Act a person is disqualified from holding or obtaining a driving licence, or his licence is suspended, and where such disqualification or suspension is no longer provided for in this Act, the court shall, upon the application of the person concerned, cancel such disqualification or suspension.128. Fraudulent application for driving licence
If any person who under the provisions of this Act is disqualified from holding or obtaining a driving licence applies for or obtains a licence while he is so disqualified, or if any person while he is so disqualified or while his licence is suspended drives a motor vehicle on a road or, if the disqualification or suspension is limited to the driving of a motor vehicle of a particular class or description, drives a motor vehicle of that class or description, on a road, or if any person who has been refused a licence applies for or obtains a licence without disclosing such refusal, he shall be liable upon conviction, in the case of a first offence, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, and in the case of a second or subsequent offence, to a fine not exceeding six thousand penalty units or to imprisonment for a period not exceeding one year.[As amended by Act No. 13 of 1994]129. Particulars of endorsement to be copied on new licence
On the issue of a new driving licence to any person, the particulars endorsed on any previous licence or its equivalent held by him shall be copied on to the new licence, unless he has previously become entitled under the provisions of section one hundred and thirty-one to have a licence issued to him free from endorsement.130. Applying for licence without disclosing endorsement
If any person whose driving licence or its equivalent has been ordered to be endorsed, and who has not previously become entitled under the provisions of section one hundred and thirty-one to have a licence issued to him free from endorsement, applies for or obtains a licence without giving particulars of the order of endorsement, he shall be guilty of an offence and liable upon conviction, in the case of a first offence, to a fine not exceeding one thousand five hundred penalty units, and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units, and any licence so obtained shall be of no effect.[As amended by Act No. 13 of 1994]131. Issue of new licence free from endorsement
Where a person in respect of whom an order has been made under this Act or under the Motor Traffic Act, Chapter 172 of the 1957 Edition of the Laws, requiring the endorsement of any driving licence or its equivalent held by him has during a continuous period of three years or upwards since the order was made had no further similar order made against him, he shall be entitled, on application and subject to the payment of the fee specified for the issue of a driving licence, and to the surrender of any subsisting licence, or its equivalent, at any time to have issued to him a new licence free from endorsement:Provided that, in reckoning the said period of three years, any period during which the person was by virtue of the order disqualified from holding or obtaining a licence or for which his licence was suspended shall be excluded.[As amended by No. 38 of 1960]132. Removal of endorsement
Where as a result of any order passed prior to the commencement of this Act a driving licence or its equivalent is endorsed, and where such endorsement is no longer provided for under this Act, the holder of that licence or its equivalent shall be entitled to a new licence free from endorsement as provided for in section one hundred and thirty-one, free of costPart IX – Compulsory third party insurance
133. Users of motor vehicles to be insured against third party risks
134. Saving in respect of liability
A person charged with using a motor vehicle or trailer in contravention of section one hundred and thirty-three shall not be convicted if he proves that the vehicle or trailer did not belong to him and was not in his possession under a contract of hiring or of loan, that he was using the vehicle or trailer in the course of his employment, and that he neither knew, nor had reason to believe, that there was not in force in relation to the vehicle or trailer such a policy of insurance or security as complied with the requirements of this Part.135. Requirements in respect of policies of insurance
In order to comply with the requirements of this Part, a policy of insurance must be a policy which—136. Requirements in respect of securities
137. Right of injured party to proceed against insurer
138. Certain conditions in policy to be of no effect
139. Avoidance of contracts so far as restrictive of liability in respect of respect of death of or injury to passengers in public service vehicles
Any contract for the conveyance of a passenger in a public service vehicle shall, so far as it purports to negative or to restrict the liability of any person in respect of any claim which may be made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering, or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void.140. Hospital expenses
Where an insurer makes any payment under the provisions of this Part in respect of the death of, or bodily injury to, any person who has received treatment in a hospital in respect of the fatal or other bodily injury so arising, the insurer shall also pay to such hospital the expenses reasonably incurred by the hospital in affording such treatment to an amount not exceeding one thousand five hundred penalty units for each person so treated as an in-patient and not exceeding three hundred penalty units for each person so treated as an out-patient:Provided that these sums may be varied from time to time by the Minister by statutory notice.[As amended by Act No. 13 of 1994]141. Documentary proof of existence of insurance policy
Upon the issue of a policy of insurance in accordance with the requirements of this Part, the insurer shall issue to the insured in respect of each vehicle and trailer insured a certificate (in this Part referred to as a "certificate of insurance") in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed, and different forms and different particulars may be prescribed in relation to different cases or circumstances.142. Production of certificate of insurance
143. Customs officer may refuse to permit entry of uninsured vehicle
Any customs officer may refuse to permit entry into Zambia by road of any motor vehicle or trailer if he is satisfied that there is not in force in relation to the use of such motor vehicle or trailer such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part.[No. 19 of 1966]144. Making false statements
If any person, for the purpose of obtaining a policy as required by section one hundred and thirty-three, makes any false statement, knowing it to be false, in consequence whereof the policy is liable to be avoided, or wilfully does any act which disentitles him to claim under the policy, he shall be guilty of an offence and liable upon conviction, in the case of a first offence, to a fine not exceeding three thousand penalty units, and in the case of a second or subsequent offence, to a fine not exceeding seven thousand five hundred penalty units.[As amended by Act No. 13 of 1994]145. Certificate of insurance or security to be produced before issue of licence
No licensing officer shall issue to any person a licence or transfer to any person a licence for a motor vehicle or trailer unless such person produces to him—146. Duty of insurer when policy is cancelled, etc.
Where to the knowledge of an insurer a policy given for the purposes of this Part ceases to be effective without the consent of the person to whom it was issued otherwise than by the effluxion of time or by reason of his death, the insurer shall forthwith notify the Commissioner of Police of the date on which the policy ceased to be effective.Part X – Public service vehicles and public services
147. Road Transport Panel
148. Public sittings
149. Use of vehicles as public service vehicles for carriage of goods
150. Vehicles standing or plying for hire or used for carriage of persons for reward
150A. Prohibition of the use of station wagons as taxicabs, etc.
151. Terms, etc., of road service licences to be observed
152. By whom road service licence to be held, etc.
153. Notice to be given to Commissioner of alteration to vehicles
154. Authorised vehicles not to be changed without permission except in emergency
155. Road service licences
156. Short-term licences
157. Extension of validity of licences
If on the date of the expiration of a road service licence, other than a short-term licence, proceedings are pending before the Commissioner on an application by the holder of that licence for the grant to him of a new licence in substitution for the existing licence, the existing licence shall continue in force until the application is disposed of, without prejudice, however, to the exercise in the meantime of the powers of suspension and revocation conferred by this Part.[As amended by No. 17 of 1961]158. Road Service Appeal Tribunal
159. Protection of chairman of Tribunal and Commissioner
No action shall be brought against the chairman of the Tribunal or against the Commissioner in respect of any act done or order made by him in good faith in the execution or supposed execution of the powers and duties conferred upon him under this Act and any regulations made thereunder.160. Records and returns
161. Number of passengers: weights of public service vehicles
162. Touting
163. Driver of public service vehicle to wear badge
Every driver of a public service vehicle shall, while on duty as defined in subsection (3) of section one hundred and sixty-four, wear a badge of such description and in such manner as may be prescribed.164. Drivers of public service vehicles-restriction on supply and consumption of liquor
165. Tickets and fares
Part XI – Examination of certain classes of vehicles: Certificates of fitness
166. Application of Part XI
The vehicles to which this Part applies shall be public service vehicles, heavy vehicles, heavy trailers, contract cars, and motor vehicles used for gain for the teaching of driving.167. Certificates of fitness
No vehicle or trailer to which this Part applies shall be used on any road unless there is in force in respect of such vehicle or trailer a valid certificate, hereinafter referred to as a certificate of fitness, issued by a vehicle examiner, and no licensing officer shall issue a motor vehicle or trailer licence for any vehicle or trailer to which this Part applies unless there is produced to him such evidence as may be prescribed that either on the date when the licence comes into operation there will be in force in respect of that vehicle or trailer a valid certificate of fitness, or that such vehicle or trailer will be exempt from the need to hold such a certificate:Provided that—168. Form and display of certificate of fitness
169. Period of validity
A certificate of fitness shall be valid from the date of coming into force of such certificate—170. Defects
171. Examination on direction of licensing officer
Any licensing officer in whose district a vehicle or trailer to which this Part applies is being used and who has reason to suspect that the vehicle or trailer has ceased to be fit for the purpose for which it is being used may order that the vehicle or trailer be produced for examination by a vehicle examiner at a specified time and place and, if such order is not obeyed, the licensing officer may, at his discretion, prohibit the use of the vehicle or trailer until the order is obeyed.[As amended by No. 25 of 1963]172. Inspection by road traffic inspector
173. Examination by other examiners
Subject to an appeal to the Commissioner, no person shall have his vehicle or trailer examined for the purpose of ascertaining whether defects discovered earlier have been remedied, by a vehicle examiner other than the one who discovered such defects, unless such examiner shall consent to the examination of the vehicle or trailer by such other examiner.174. Appeals
The decision of a vehicle examiner that a vehicle or trailer is fit for use shall be final. His decision that any such vehicle or trailer is unsafe for use and any order, direction or prohibition made under section one hundred and seventy or one hundred and seventy-two shall be subject to an appeal to the Commissioner within fourteen days of the decision, order, direction or prohibition concerned being made.[As amended by No. 25 of 1963]175. Prescribed fees
Such fees as may be prescribed shall be charged for examinations and re-examinations as are made under this Part:Provided that no fee shall be payable for an examination conducted in accordance with section one hundred and seventy-one if no defects are discovered, nor for an examination conducted in accordance with section one hundred and seventy-two. Fees shall be disposed of and accounts of them rendered in such manner as may be prescribed.176. Exemptions
The Commissioner may exempt any vehicle or trailer to which this Part applies from the requirements of its provisions, subject to such conditions as he may impose for ensuring the safety of the occupants of the vehicle and of the public.177. Offences
If any person—Part XII – Exclusive concessions
178. Power to grant concessions
179. Particulars to be given to Commissioner
Not less than one month before commencing to operate any new service under or by virtue of any concession, the concession holder shall give to the Commissioner particulars of the route along which such service is to be operated, the points at which passengers may be taken up or set down, and a copy of the fare-table and time-table of the service, and if the concession holder shall make any alterations in the route or the time-table or in any of the fares or charges for the carriage of passengers on any service for the time being operated by the concession holder under or by virtue of his concession, the concession holder shall without delay notify the Commissioner of such alteration:Provided that—180. Restrictions on other operators
181. Saving for existing operators
182. Revocation of road service licence held by existing operator
Where a road service licence held by an existing operator in respect of a motor omnibus service on any concession road or in any concession area is or has been revoked and where such order of revocation has not been reversed in any appeal against such order, such existing operator shall forfeit all his rights as such an existing operator in respect of such road service licence and shall not be granted any new road service licence under subsection (3) of section one hundred and eighty-one in substitution for the road service licence so revoked:Provided that the foregoing provisions of this section shall not prevent such existing operator from applying for or from being granted a road service licence in accordance with and subject to the provisions of section one hundred and fifty-five or one hundred and eighty or a short-term road service licence in accordance with and subject to the provisions of section one hundred and fifty-six.[No. 17 of 1961]183. Termini of non-concession routes
184. Duty of concession holder to provide services
During the continuance in force of a concession, it shall be the duty of the concession holder to provide such motor omnibus services as will from time to time serve adequately and efficiently the needs in respect of passenger traffic of such concession roads or concession areas along or in which motor omnibus services are from time to time necessary or desirable in the public interest and can be provided by the concession holder safely and, having regard to all the duties of the concession holder under the concession, without wasteful or unjustifiable expense.185. Prescribed fees
Such fees as may be prescribed shall be payable in respect of any public service vehicle used for providing any service under a concession granted under this Part.[As amended by No. 26 of 1959]186. Powers of Commissioner
187. Saving for mails, parcels and luggage
188. Through running agreements
Where arrangements are made between a concession holder and any other person operating a motor omnibus service for the interchange or through carriage of passengers between or over any services provided by any of the parties to such arrangements, or the through running of the vehicles of any party over the route or any part of the route of any motor omnibus service provided by any other such party, a vehicle used under those arrangements as a motor omnibus on any concession road or in any concession area shall, whilst so used, be deemed for the purposes of section one hundred and eighty to be so used by the concession holder:Provided that where any vehicle is so used, during the whole period of such use there shall be displayed on the front or on the near side of such motor vehicle a notice stating that the vehicle is being used under contract with the concession holder.189. Undertaking at disposal of Government in emergency
190. Expiration of concession
Where a concession is not at its expiration renewed, or is renewed in respect of some but not all of the roads or areas over or in which the concession holder is then providing motor omnibus services under or by virtue of the concession, then if the concession holder applies before the date of the expiration of the concession for a road service licence to authorise him to continue after that date to provide any service provided by him at any time during the twelve months immediately preceding the expiration of the concession over any road or in any area in respect of which the concession is not to be renewed, the Commissioner shall, notwithstanding the provisions of section one hundred and fifty-five, grant such application and accordingly issue to the concession holder a road service licence authorising him to continue during the normal currency of such licence to provide the service at the times and fares and with the number of motor omnibuses at or with which the service was at any time during the said period of twelve months operated by the concession holder:Provided that, if the Commissioner is satisfied that the concession holder has, during the period aforesaid, failed to operate such service efficiently and that by reason of such failure the application ought in the public interest to be refused or to be granted only subject to conditions for securing the efficient operation of the service, the Commissioner may refuse the application or grant the licence so applied for subject to such conditions as he may consider necessary for that purpose.191. Determination of concession by legislation
Part XIII – Offences: General
192. Speed limits
193. Road racing
Any person who promotes or takes part in any race or trail of speed between motor vehicles on a road save with the consent of and in accordance with any conditions imposed by the Commissioner of Police shall be guilty of an offence and liable upon conviction, in the case of a first offence, to a fine not exceeding one thousand five hundred penalty units, and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units.[As amended by Act No. 13 of 1994]194. Exemption of fire engines, etc., from speed limits
The provisions of section one hundred and ninety-two and of any other law imposing a speed limit on vehicles shall not apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes, or by a road traffic inspector in the execution of his duty, if the observance of those provisions would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.195. Careless driving
196. Reckless or dangerous driving
197. Being in charge of motor vehicle when under influence of drink or drugs
198. Driving when under influence of drink or drugs
198A. Arrested person to submit to medical examination
A person who has been arrested for an offence under section one hundred and ninety-seven or one hundred and ninety-eight may be required by a police officer of or above the rank of Assistant Inspector to subject himself to a medical examination by a medical practitioner for the purpose of ascertaining whether, in the opinion of the said medical practitioner, the said person was, at the time when he was in charge of a motor vehicle on a road or when he was driving or attempting to drive a motor vehicle on a road, as the case may have been, he was under the influence of intoxicating liquor or drugs to such an extent as to have been incapable of having proper control of such vehicle.[No. 42 of 1971 and No. 35 of 1974]198B. Arrested person to provide specimen
199. Causing death by reckless or dangerous driving of motor vehicle
200. Warning to be given before prosecution
201. Driving motor vehicle in dangerous condition
202. Loads to be secure
203. Vehicles to give way to all locomotives at railway crossings
204. Travelling backwards
Any person who permits any motor vehicle to travel backwards for a greater distance than may be necessary for turning or other reasonable purposes shall be guilty of an offence.205. Sound warnings
206. Position of driver
207. Limitation of number of occupants of motor vehicles
208. Traffic signs and signals to be obeyed
209. Stopping of vehicles at school crossings
210. Failure of driver of motor vehicle to render assistance to injured person
211. Duty to stop in case of accident
212. Additional powers of police and others: requirements to be obeyed
213. Powers concerning vehicles suspected of being used as public service vehicles
214. Obstruction of roadway by vehicles
215. Disabled vehicles
216. Removal of vehicles from roads
217. Engine to be stopped when vehicle unattended
218. Opening doors of vehicles
219. Silencer
220. Discharge of oil and smoke
221. Filling petrol, etc.
222. Prohibition of sale of vehicles in a condition not complying with regulations as to construction, etc.
223. Prohibition of use of vehicles not complying with regulations as to construction, etc.
224. Pillion riding on motor cycle
225. Application to pedal cyclists of provisions relating to certain driving offences
226. Brakes, etc., on bicycles and tricycles
227. Excessive loads on two-wheeled vehicles
228. Throwing articles at or from vehicles
229. Interference with vehicles
230. Placing of handbill, etc. in or on motor vehicle
Any person, other than a road traffic inspector in uniform or police officer acting in the course of his duty, who places any handbill, leaflet or other similar document on or in any motor vehicle without the consent of the owner or person in charge of such motor vehicle shall be guilty of an offence.[No. 19 of 1966]231. Unauthorised use of goods vehicles
232. Taking hold of or getting on vehicle in motion
If any person without lawful authority or reasonable cause takes or retains hold of or gets on a motor vehicle or trailer while in motion on any road for the purpose of being drawn or carried, he shall be guilty of an offence.233. Stretching rope, etc., across road: obstruction of road
234. Liability for animals on roads
235. Duty of pedestrians to comply with traffic directions given by police
236. Registration book and licences to be produced to police, etc., on demand
237. Duty to give information
238. Penalty for giving false information
If any person in or in connection with an application for a vehicle licence or the registration of a motor vehicle or trailer or a driving or other licence or the endorsement of such a licence or any change or correction in a licence or in the registration of a motor vehicle or trailer or in giving any information lawfully demanded or required under this Act or any regulation made thereunder, makes any statement which to his knowledge is false, or in any material respect misleading, he shall be guilty of an offence and liable upon conviction, in the case of a first offence, to a fine not exceeding seven hundred and fifty penalty units and, in the case of a second or subsequent offence, to a fine not exceeding one thousand five hundred penalty units. Any licence, registration book or other authority acquired as a result of such statement shall be void.[As amended by No. 25 of 1963 and Act No. 13 of 1994]239. Unlawful imitation, etc., of documents
Whoever without lawful cause or excuse imitates, alters, mutilates, destroys or uses, or without lawful cause or excuse sells, supplies, lends or allows to be used by any other person any registration mark, vehicle licence, registration book, driving licence or any other licence issued or deemed to have been issued under this Act shall be guilty of an offence and liable upon conviction, in the case of a first offence, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding three months.[As amended by No. 25 of 1963 and No. 13 of 1994]240. Verification of facts in applications
Any person or authority to whom application is made for anything to be done under this Act may require any facts stated in the application to be verified and any other necessary information to be given to his satisfaction.241. Penalty
Any person guilty of an offence against this Act for which no special penalty is provided by this Act shall be liable upon conviction, in the case of a first offence, to a fine not exceeding three hundred penalty units and, in the case of a second or subsequent offence, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a term not exceeding three months, or to both.[As amended by Act No. 13 of 1994]241A. Conditions for release of impounded vehicle or trailer
Any registered owner whose motor vehicle or trailer is impounded under any provision of this Act may apply to the Commissioner or his authorised representative for the release of his motor vehicle or trailer after the termination of any criminal proceedings instituted against him, or as the case may be, after due compliance with any provisions of this Act contravened by him and, where necessary, after remedying any mechanical defects required to be remedied in order to render such vehicle or trailer roadworthy.[As amended by Act No. 35 of 1974]241B. No liability for impoundment
No police officer or road traffic inspector shall be liable for any damage caused to any motor vehicle or trailer or for any damage to or loss of any contents of such motor vehicle or trailer impounded by him in good faith and without negligence under any provision of this Act.[As amended by Act No. 35 of 1974]Part XIV – Miscellaneous provisions
242. Control of parking charges on roads
Notwithstanding anything contained in any other law, no person shall, save with the consent of the Minister, levy any charge for or in connection with parking on any public street as defined in the Municipal Corporations Act, the Townships Act and the Mine Townships Act or on any public road.[Cap. 470; Cap. 471; Cap. 472]243. Limitation of time for which drivers of certain vehicles may remain continuously on duty
In the case of any public service vehicle or any other vehicle the gross weight of which with any trailer attached thereto exceeds 40,000 pounds, any person who drives or causes or permits any person employed by him or subject to his orders to drive in excess of such hours as may be prescribed by the Minister shall be guilty of an offence:Provided that the provisions of this section and of any regulations made under this section may be extended to the drivers of such other vehicles or classes of vehicle as may be specified by the Minister by statutory notice.[As amended by No. 26 of 1959 and G.N. No. 275 of 1964]244. Protective helmets for motor cyclists
245. Maximum weights that may be transmitted to roads
The Minister may, after consulting any local authority affected, by statutory instrument, make regulations prescribing the maximum laden weight and the maximum axle weight of any vehicle that may be used on any road, and any person who uses or who causes or permits any other person to use a vehicle in contravention of such regulations shall be guilty of an offence and liable upon conviction to a fine not exceeding seven thousand five hundred penalty units:Provided that the Director of Roads may, subject to such conditions as he thinks fit, grant a permit in respect of any vehicle, allowing a higher laden weight or higher maximum axle weight than those fixed by regulation, and where such a permit is given it shall not, so long as the conditions, if any, attached to the permit are complied with, be an offence for such vehicle to be used on that road by reason only that the vehicle does not comply with such regulations as aforesaid.[As amended by No. 26 of 1959, No. 38 of 1960, No. 25 of 1963, G.N. No. 275 of 1964, and Act No. 13 of 1994]246. Control of driving schools and of the teaching for gain of driving
247. Instructors' licences and driving school licences
248. Appeals concerning driving school licences or instructors' licences
If the Commissioner refuses an instructor's licence or a driving school licence or a variation of the conditions thereof, the applicant may appeal to the Minister in accordance with such procedure and upon payment of such fees as may be prescribed, and the decision of the Minister shall be final.249. Instructors' licences and driving school licences not transferable
An instructor's licence and a driving school licence shall be personal to the person who is teaching the driving of motor vehicles or who is the proprietor of the driving school, as the case may be, and shall not be transferable.[As amended by No. 25 of 1963]250. Inspection of premises, etc.
The Minister may, by statutory instrument, make regulations—251. Certificate of examination to be admissible in evidence
If in any proceedings under this Act any question arises whether a motor vehicle or trailer does or does not comply with any provision of this Act or any regulation made thereunder, a certificate purporting to be signed by any person appointed by Gazette notice to act as a vehicle examiner for the purposes of this Act, that he has examined the vehicle or trailer and as to the result of his examination, shall be admissible in evidence and shall be prima facie evidence of any fact or opinion stated therein relating to the matter in question without calling as a witness the person who purports to have signed such certificate:Provided that any person against whom the evidence of such certificate is sought to be used shall have the right to object to the admissibility of such certificate as evidence unless the person who purports to have signed it is called as a witness.252. Admissibility as evidence of certificates relating to ownership or driver of motor vehicles
253. Registers, etc., to be accepted as evidence
254. Doubt concerning classification of vehicles
In case any doubt shall arise as to the use to which any vehicle is put or whether any vehicle or class or type of vehicle falls within any particular class or type of vehicle defined by this Act, the matter shall be referred to the Commissioner, who shall determine within what particular class or type of vehicle defined by this Act such vehicle falls.255. Liability of driver and owner for offences
If—256. Persons empowered to examine vehicles exempted from liability for damage
No person who is empowered under this Act to examine, or to order the examination of, or to issue any other direction concerning any vehicle under this Act, shall be liable for the loss of any such vehicle or the contents thereof or for any damage caused to any such vehicle or the contents thereof, resulting from any action taken by such person in good faith and without negligence and in intended exercise of any such powers.[No. 25 of 1963]257. Highway Code
258. Regulations
259. Exemption of vehicles from compliance with regulations relating to construction and equipment, and exemption from provisions of this Act
Notwithstanding anything contained in this Act, any regulations made under this Act relating to the construction and equipment of vehicles may exempt such vehicles or classes of vehicles as may be specified therein from compliance with all or any of the requirements of such regulations or from all or any of the requirements of this Act relating to the construction and equipment of vehicles, for such period or periods as may be specified and subject to such vehicles complying with the requirements of any Act or regulations, whether repealed or revoked, as may be specified.[No. 17 of 1961]260. Repeals and savings
The Motor Traffic Act and the Roads and Vehicles Act, Chapter 172 and 174 of the 1957 Edition of the Laws, and the Width of Tyres Act, Chapter 173 of the 1948 Edition of the Laws, are repealed:Provided that—261. Application of Parts XIII and XIV to State
The provisions of Parts XIII and XIV shall apply to the State.[As amended by S.I. No. 122 of 1964]History of this document
29 December 2000 amendment not yet applied
Amended by
Roads and Road Traffic (Amendment) Act, 2000
01 February 1997 amendment not yet applied
Amended by
Roads and Road Traffic (Amendment) Act, 1997
31 December 1996 this version
Consolidation
24 December 1971
Commenced
29 April 1966
Commenced
19 July 1963
Commenced
01 December 1962
Commenced
01 February 1962
Commenced
01 December 1961
Commenced
01 November 1961
Commenced
15 September 1961
Commenced
26 August 1960
Commenced
01 January 1960
Commenced
01 July 1959
Commenced
06 March 1959
Commenced