Roads and Road Traffic Act, 1958

Chapter 464

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Roads and Road Traffic Act, 1958

Citation: Chapter 464
Date: 31 December 1996
Language: English

Roads and Road Traffic Act, 1958

Chapter 464

There are multiple commencements

Provisions	Status
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 XIII, section 241A–241B; Part XIV, section 244	not yet commenced.

[This is the version of this document as it was at 31 December 1996 to 31 January 1997.]
[This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996. All subsequent amendments have been researched and applied by Laws.Africa for ZAMBIALII.]

[37 of 1958; 19 of 1959; 26 of 1959; 38 of 1960; 17 of 1961; 24 of 1963; 25 of 1963; 37 of 1963; 37 of 1965; 19 of 1966; 44 of 1968; 4 of 1969; 25 of 1969; 50 of 1970; 3 of 1971; 42 of 1971; Government Notices 275 of 1964; 293 of 1964; 497 of 1964; Statutory Instruments 36 of 1964; 122 of 1965; Acts No. 6 of 1973; 3 of 1973; 35 of 1974; 3 of 1975; 10 of 1976; 6 of 1977; 15 of 1979; 4 of 1985; 3 of 1988; 29 of 1989; 3 of 1990; 14 of 1991; 7 of 1992; 13 of 1994; 4 of 1993; 13 of 1994; 35 of 1995]An Act to make provision for the care, maintenance and construction of roads in Zambia, for the control of motor traffic, for the licensing of drivers and motor vehicles, for the compulsory third party insurance of motor vehicles, for the licensing and control of public service vehicles and public services, and for other miscellaneous provisions relating to roads and motor traffic.

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:

(a)inter-territorial main roads, being the public roads specified in the Appendix;

(b)territorial main roads, as defined in section four;

(c)district roads, as defined in section five;

(d)branch roads, as defined in section six;

(e)rural roads, as defined in section seven;

(f)estate roads, as defined in section eight:

Provided that no road or portion of a road situated within the limits of a mine township shall be classified or designated as a public road without prior consultation with the board of management of such mine township.[As amended by No. 17 of 1961, G.N. No. 293 of 1964 and No. 25 of 1969]

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

(1)Territorial main roads shall be those roads, other than inter-territorial main roads, so designated by the Minister by statutory notice.

(2)In respect of all main roads in any area other than in a local authority area the Director of Roads shall be the highway authority responsible for the construction, care and maintenance of such roads, and all expenses incurred in such construction, care and maintenance shall be borne by the Government.

(3)In respect of main roads or portions thereof in a local authority area, the highway authority shall be the local authority concerned:Provided that such proportion of the expenses incurred by a local authority in the construction, care and maintenance of main roads as may be directed by the Minister in any case shall be borne by the Government.[As amended by No. 17 of 1961, No. 25 of 1963 and G.N. No. 293 of 1964]

5. District roads

(1)District roads shall be those so designated by the Minister by statutory notice.

(2)The Minister shall have power to appoint, by statutory notice, a highway authority in respect of all or any district roads in any area other than a local authority area, and such highway authority shall be liable for the construction, care and maintenance of such roads:Provided that all expenses incurred in such construction, care and maintenance shall be borne by the Government except as may be otherwise provided in this Act.

6. Branch roads

(1)Branch roads shall be those so designated by the Minister by statutory notice.

(2)The Minister shall have power to designate branch roads either on his own motion or after application under section fifteen.

(3)The Minister shall have power to appoint a highway authority in respect of all or any branch roads in any area other than a local authority area and such highway authority shall be liable for the construction, care and maintenance of such branch roads.

(4)It shall be competent for the Minister in designating any branch road to order whether and in what proportion the cost of such construction, care and maintenance of the said road shall be borne by the owners of the property served by the said road or otherwise. Where such costs are ordered to be borne by any person other than the highway authority concerned, the said costs shall be paid by such person to the highway authority concerned in accordance with such regulations as may be made in that behalf, and may be recovered from him by the highway authority as a civil debt.

(5)Any order made under subsection (4) may be varied by the Minister by a subsequent order.

7. Rural roads

(1)Rural roads shall be those roads outside a local authority area which may be so designated by the Minister by statutory notice on the application of the Resident Secretary of the Province in which they are situated.

(2)The highway authority in respect of any rural road shall be the rural council administering the area in which such road is situated and such rural council shall be liable for the construction, care and maintenance of the rural roads within its own area.

(3)A rural council shall be eligible to receive such grant from the Government towards the cost of construction, care and maintenance of rural roads in its area as the Minister may from time to time determine.[As amended by No. 25 of 1969]

8. Estate roads

(1)Estate roads are roads outside a local authority area provided for purposes of internal access in any area being developed whether by Government or otherwise for residential plots or farms.

(2)The Minister shall have power to make rules for the designation, provision, construction, care and maintenance of estate roads in any area being developed as aforesaid other than an area which is subject to a development scheme approved under the Town and Country Planning Act.[Cap. 283]

(3)The cost of construction, care and maintenance of estate roads shall be borne in such proportion as the Minister may order by the owners or occupiers of the land which is served by such roads, unless the Minister shall otherwise order in any particular case, and any such costs or proportion thereof shall be recoverable by the highway authority from the person or persons liable as a civil debt.[As amended by No. 26 of 1959 and G.N. No. 275 of 1964]

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

(1)All public roads shall, upon designation as such in accordance with the provisions of this Act, be deemed to be dedicated to public use, subject to such restriction of user as may be prescribed.

(2)The highway authority concerned shall at all times have the right to enter and, subject to the provisions of this Act, to carry out any works and exercise any powers in relation to any public road or proposed public road.

(3)In relation to any public road or proposed public road which is constructed after the commencement of this Act, no work in relation to the construction of such road shall be carried out on any land without prior notice in writing to the owner or occupier of the land concerned, or, in any case where such owner or occupier cannot be traced within a reasonable time, without prior notice sent by registered post to the last known address within Zambia of such owner or occupier.

(4)In the case of any public road or proposed public road which is constructed after the commencement of this Act, compensation may be paid to the owner or occupier of any land over which such road is constructed in accordance with the following provisions:

(a)any claim for compensation shall be submitted in writing and shall set out the nature of the interest of those claiming compensation and give details of any expense or loss which may reasonably be incurred directly as a result of the taking or dedication to public use of such land;

(b)in the event of failure to agree upon the amount of compensation the matter shall be decided by arbitration;

(c)in the case of any arbitration the arbitrator, in making his award, shall, unless in any case the Minister shall otherwise direct—

(i)assess compensation in respect of improvements existing before the date of the notice given in terms of subsection (3) and damaged or destroyed or lost to the use of the owner or occupier by virtue of the construction and designation of the road concerned;

(ii)assess compensation for land taken on the basis of its market value at the date of the notice given in terms of subsection (3) having regard to the nature of the land taken and the period for which it will be lost to the owner or occupier:Provided that—

(A)where part only of a holding is taken, compensation for such part shall be calculated on the basis of its value as an integral part of the whole;

(B)no enhancement in the market value of the land due to the proposed construction or extension of the road shall be taken into account:

(iii)not take into account the special suitability or adaptability of the land for road purposes;

(iv)not take into account any loss incurred or suffered as a result of a reduction in the traffic over a public road due to realignment, closure or change in status of such road;

(v)take into consideration any compensation already agreed or otherwise determined in accordance with the provisions of section thirty-nine.

[As amended by No. 17 of 1961]

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

(1)In respect of any public road or portion thereof in any local authority area, the highway authority shall be the local authority concerned and shall be responsible for the construction, care and maintenance of the said roads subject to the following provisions:

(a)in respect of main roads, the costs of construction, care and maintenance shall be borne in accordance with the provisions of subsection (3) of section four;

(b)in respect of district roads, such proportion of the costs of construction, care and maintenance as may be directed by the Minister in any case shall be borne by the Government and paid to the local authority concerned.

(2)Nothing in the foregoing sections of this Act shall be construed as taking away any powers conferred by any other written law on a local authority in respect of the construction, care and maintenance of roads within its area of jurisdiction.[As amended by S.I. No. 122 of 1965]

13. Width of roads

(1)The Minister shall have power to declare, by statutory notice, the width of any road or class or classes of road. Except as otherwise provided the width shall be—

(a)for a main road, two hundred feet;

(b)for a district road, one hundred and twenty feet;

(c)for a branch road, one hundred and twenty feet;

(d)for any other class of road, sixty feet.

(2)The width prescribed in subsection (1) shall not apply to any main, district or branch road within any local authority area.

(3)The centre line of a road shall in every case lie down the centre line of the carriageway thereof, unless the Minister shall in any case otherwise provide by statutory notice.

14. Control points of access, structures, etc.

(1)The Minister shall have power to make rules to control the number, location and design of points of access of public or private roads to all main and district roads.

(2)The highway authority shall also have power to require the owners of buildings and property to provide service roads to give access to buildings or property and to prohibit the erection of any buildings with a direct frontage on to a main or district road:Provided that nothing in this section shall apply to roads within a local authority area.

(3)The Minister shall have power to make rules providing for the removal, or controlling the erection or modification, of any structure, or controlling the carrying out of any works, on or under land within three hundred feet of the centre line of any main or district road outside a local authority area, and any such rules may provide for the payment of compensation in respect of any such matter and the manner in which such compensation shall be assessed.[As amended by No. 26 of 1959, No. 17 of 1961 and G.N. No. 275 of 1964]

15. Opening of branch roads

(1)Occupiers of land adjoining any road may apply to the Minister through a highway authority to have such road designated a branch road. In such cases the following provisions shall be observed and shall be applicable:

(a)every application must be made in writing and shall state—

(i)the point on the main or district road from which the branch road is required;

(ii)the farms or land through or over which it is proposed that a road shall be designated and the names of the owners or occupiers thereof;

(iii)the terminal point to which it is proposed that the road should be designated;

(b)notice shall be given by the applicants in one newspaper published or circulating in the district through which it is proposed to make such road that such application has been or will be made.

(2)The notice prescribed in subsection (1) (b) shall call upon any person objecting thereto to lodge at the office of the highway authority within three months after the date of the publication of such notice his objections thereto in writing.[As amended by No. 17 of 1961]

16. Report and recommendations to be submitted to Minister

(1)The highway authority, on receiving any such application, may require the applicants to deposit such sum of money as may appear to be necessary for the purpose of defraying the expense of causing the proposed route to be inspected by a competent person or persons and a report thereon made for submission to the Minister.

(2)After considering any such application and any objection thereto made under section fifteen (2) and after making such further inquiries as it may deem fit, the highway authority shall made a report and recommendations on the matter to the Minister.

(3)If upon the consideration of any such report and recommendations it shall appear to the Minister that the road is one necessary or proper to be allowed, he may, by statutory notice, designate such a road to be a branch road and he may determine whether the whole or any part of the expense incurred in obtaining a report upon and causing the road to be designated should be paid and borne by the parties for whose use or at whose instance the same was so designated.

17. Branch roads may be designated district roads

(1)The occupiers of any land which abuts upon a branch road may apply in writing to the Minister through the highway authority concerned to have such branch road designated a district road.

(2)Notice shall be given by the applicants in one newspaper published or circulating in the district through which such road runs that such application has been or will be made.

(3)Such notice shall call upon any person objecting thereto to lodge at the office of the highway authority concerned within three months after the date of the publication of such notice his objections thereto in writing.

18. Consideration and determination of application

(1)The highway authority on receiving any such application may require the applicants to deposit such sum of money as may appear to be necessary for the purpose of defraying the expense of causing the proposed road to be inspected by a competent person or persons and a report thereon made for submission to the Minister.

(2)After considering any such application and any objection thereto made under section seventeen and after making such further inquiries as it may deem fit, the highway authority shall make a report and recommendations on the matter to the Minister.

(3)If upon consideration of any such report and recommendations it shall appear to the Minister that the application is one which should be approved, he may, by statutory notice, designate such road a district road and may determine whether the whole or any part of the expenses incurred in obtaining the report upon or in causing the road to be designated should be borne by the parties for whose use or at whose instance the same was so designated.

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

(1)Before any statutory notice under section nineteen shall be published relating to the closing, reclassification or diversion of any road, the Minister shall require or direct that notice of the intention to close, reclassify or divert such road shall be—

(a)posted for general information at some conspicuous place outside the office of the District Secretary of the District within which such road is situated and if he deems requisite at such other offices or places as he shall direct;

(b)advertised in the Gazette and in one newspaper published or commonly circulating in such District.

Such notice shall clearly describe the road sought to be affected and the situation thereof and shall call upon any person objecting to lodge at the office of the highway authority concerned within one month after the date of the publication of such notice in the Gazette his objections in writing.

(2)The highway authority shall consider any such objection and shall make a recommendation to the Minister.[As amended by No. 17 of 1961]

21. Disposal of storm water

(1)A highway authority in consultation with the owners or occupiers concerned may construct in or on any road for which it is responsible, culverts, ditches or other works for the diversion of storm water from or under any such road into adjoining land.

(2)In respect of any loss or damage caused by water diverted under the provisions of subsection (1), the highway authority shall pay to the owner or occupier of the land concerned such amount of compensation as may be agreed at the time of the construction of the culvert, ditch or other work, and in default of such agreement such amount shall be determined by arbitration in accordance with such procedure as may be prescribed.

(3)In assessing the amount of any loss or damage for the purposes of this section, regard shall be had to any increased benefit of the road to the owner or occupier of the land concerned and to any diminution in the value of the land occasioned by the diversion of storm water.

22. Storm water from land adjoining

(1)If any owner or occupier of land adjoining any public road has constructed drains or contour ridges for the purpose of improving or protecting his property, he shall not cause or permit storm water to discharge from such drains or contour ridges on to such road or into any existing road drain on such road without the permission of the highway authority concerned.

(2)In the event of any application for permission in terms of subsection (1), the highway authority concerned shall grant permission if the applicant agrees to pay the expenses of any enlargement or alteration of such road drains which is considered necessary by such highway authority.

(3)In the event of permission being refused or any dispute as to the necessity for such enlargement or alteration of drains arising, the matter shall be referred for decision to the Minister in consultation with the Natural Resources Board.

(4)Any person failing to comply with the provisions of this section shall be guilty of an offence.

23. Control of roads and traffic

(1)The Minister may from time to time by statutory notice—

(a)prohibit any specified description of traffic from using any public road or portion thereof;

(b)restrict the volume or speed of any specified description of traffic on any public road or portion thereof;

(c)prohibit any specified description of traffic from travelling on any public road or portion thereof otherwise than in a specified direction;

(d)prohibit or restrict the waiting of any description of traffic or the loading or unloading of vehicles on any public road or portion thereof;

(e)prohibit the use of any public road or portion thereof by through traffic;

(f)prohibit or restrict the overtaking of traffic by vehicles or any class of vehicles on any public road or portion thereof;

(g)restrict the use of any public road or portion thereof to traffic of a specified description or to vehicles being used for a specified purpose or by or under the directions of any specified person;

(h)prohibit the use of any public road by animals or by vehicular traffic of a kind which, or the use thereof by such traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property.

(2)Before the publication of any notice under subsection (1), the Minister shall require or direct that notice of the intention of any such prohibition or restriction shall be posted for general information at some conspicuous place outside the office of the District Secretary of the District within which the notice is intended to operate, and, if he deems requisite, at such other offices or places as he shall indicate and shall be published once in the Gazette and in some newspaper circulating within such District. The notice shall clearly describe the road or portion thereof sought to be affected and shall contain full particulars of the proposed prohibition or restriction and shall call upon any person objecting thereto to lodge at the office of the Minister within one month after the date of the publication of such notice in the Gazette his objection thereto in writing:Provided that whenever he considers it expedient in the circumstances of any particular case, the Minister may issue a notice under subsection (1) without the preliminary notice otherwise required under this subsection.

(3)The Minister may from time to time revoke, vary or amend any notice published under subsection (1).

(4)Any person who fails to comply with the terms of any notice issued under subsection (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.[As amended by No. 17 of 1961 and Act No. 13 of 1994]

24. Powers of highway authority to control traffic

(1)Subject to the provisions of this section, if a highway authority is satisfied that traffic on any road for the maintenance of which it is responsible should, by reason of works of repair or construction being required or being in progress on or near such road, be diverted wholly or in part on to any other existing road or roads, it may by order prohibit or restrict the use of that road or any part thereof in such manner as may be specified, and direct that such traffic as may be affected by such prohibition or restriction shall use such other existing road or roads.

(2)A highway authority shall, not less than fourteen days before making an order under subsection (1), cause notice of its intention to make such order to be published in the Gazette and shall also, at least fourteen days before the date upon which such order comes into force, cause it to be published in like manner. Every such notice shall contain a statement of the effects of the order and a description of the alternative route or routes available for traffic:Provided that in any case where the highway authority concerned is satisfied that owing to the likelihood of danger to the public or serious damage to the road it is necessary to prohibit or restrict the use of such road forthwith, it may make any order under subsection (1) without publication of any notice under this subsection.

(3)So long as any order made under this section is in force, a notice stating the effect of the order and describing the alternative route or routes available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the order relates and at the points at which it is necessary for vehicles to diverge from such road, and the diversion route shall at all times be clearly indicated to traffic using it by means of suitable signs.

(4)In addition to the powers conferred upon it by subsections (1) and (2), a highway authority may at any time by means of suitable barriers close or restrict the use of all or any part of any road within its jurisdiction for the purposes of repair or reconstruction:Provided that—

(i)subject to the provisions of section thirty-four, wherever possible a deviation for the passage of traffic shall be provided within or adjacent to the road reserve concerned;

(ii)all reasonable steps shall be taken to display adequate traffic signs in accordance with subsection (2) of section twenty-six giving reasonable warning to traffic using the road of any such closure or restriction.

(5)Any person who uses or permits the use of any animal or vehicle in contravention of any order issued by a highway authority under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six hundred penalty units.[As amended by No. 17 of 1961 and Act No. 13 of 1994]

25. Traffic signs

(1)Subject to and in conformity with such general or other directions as may be given by the Minister, a highway authority may cause or permit traffic signs to be placed on or near any road in its area:Provided that a railway administration may, subject to the provisions of this Act and any regulations made thereunder, place traffic signs at any level crossing without obtaining the permission of a highway authority.

(2)Traffic signs shall be of the prescribed size, colour and design except where the Minister authorises the erection or retention of a sign of another character.

(3)After the commencement of this Act no traffic signs shall be placed or retained on or near any road except under and in accordance with the preceding provisions of this section.

(4)The highway authority may, by notice in writing, require the owner or occupier of any land on which there is any object or device (whether fixed or portable) for the guidance or direction of persons using roads to modify or remove it, and if any person fails to comply with such a notice the highway authority may itself effect the removal and may recover summarily as a civil debt from the person so in default the expenses incurred by it in so doing.

(5)A highway authority shall, if so directed by the Minister, remove or cause to be removed any traffic sign or any such object as is mentioned in subsection (4).

(6)The Minister shall have power to give directions to a highway authority for the placing on any road of a traffic sign of any prescribed type or authorised character specified in the directions or for replacing such sign as may be so specified, or for converting a sign into a sign of another prescribed type.

(7)If a highway authority fails to comply with any direction given under subsection (5) or (6), the Minister may order the work to be carried out by the Director of Roads and the expenses incurred in so doing may be recovered summarily as a civil debt from the highway authority concerned.

(8)Notwithstanding any other provision of this Act, any traffic sign which was, before the commencement of this Act, lawfully erected under any written law, and which is a traffic sign or of a class of traffic sign which may be specified by the Minister by statutory notice, shall continue to be lawful for such period as may be specified in such notice, and shall during such period be deemed to be a traffic sign lawfully erected under this Act.

(9)In any prosecution for a contravention of an instruction conveyed by a traffic sign, such sign shall be deemed to have been lawfully placed and displayed and to comply with the requirements prescribed for such traffic sign unless and until the contrary is proved.

(10)Any person who removes, mutilates, obscures or in any way damages or interferes with, or, without the permission of the highway authority concerned, attaches any notice or other thing to any traffic sign shall be guilty of an offence and shall be liable to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months, or to both.[As amended by No. 38 of 1960, No. 25 of 1963, S.I. No. 122 of 1965 and Act No. 13 of 1994]

26. Temporary traffic signs

(1)A police officer or any person acting under the instructions (whether general or specific) of the Commissioner of Police may place on any road, or on any structure on any road, traffic signs of any size, colour or type prescribed or authorised under subsection (2) of section twenty-five, being signs indicating such prohibitions, restrictions or requirements relating to vehicular traffic as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic or danger to or from traffic in consequence of an accident or other unforeseen or extraordinary circumstances.

(2)The powers conferred by subsection (1) may also be exercised by a highway authority when engaged upon works of maintenance or reconstruction in respect of the length of road being so maintained or reconstructed.

(3)Any traffic sign placed in accordance with the provisions of this section shall be removed as soon as the circumstances or works on account of which it was placed have ceased to exist or have been completed, as the case may be.

27. Control of advertisements

(1)Subject to the provisions of section twenty-nine, no person shall erect or display an advertisement which is visible from any road without the written permission of the highway authority.

(2)The highway authority may grant or refuse such permission and if it grants such permission it shall prescribe therein—

(a)the specifications to which the advertisement shall conform;

(b)the period during which the advertisement may be displayed; and

(c)the manner, place and circumstances in which and the conditions on which the advertisement may be displayed.

(3)The highway authority may at any time alter or revoke any such written permission.

28. Removal or alteration of advertisements

(1)If an advertisement, which is visible from a road—

(a)is being displayed without the written permission of the highway authority or after the expiration or revocation of such permission; or

(b)does not conform to the specification prescribed in the written permission to display the advertisement or is being displayed in a manner or place or in circumstances or under conditions other than those prescribed in such permission;

the highway authority may cause the person displaying such advertisement to be directed, by notice in writing, to remove it or to effect such alterations in the nature of the advertisement or in the manner, place or circumstances in which it is being displayed as may be prescribed in such notice within the period prescribed in such notice.

(2)If the person displaying such advertisement fails within the period prescribed to comply with the directions given in such notice, he shall be guilty of an offence.

(3)If the person displaying an advertisement fails to comply with any directions given to him under the provisions of subsection (1), the highway authority may cause the advertisement to which the direction relates to be removed.

(4)The cost of removing any advertisement under the provisions of subsection (3) may be recovered by the highway authority as a civil debt from the person who failed to comply with the direction.

(5)Notwithstanding any other provision contained in this section, a person to whom a direction is given under this section may, before the expiration of the period prescribed in the notice containing such direction, appeal to the Minister against such direction.

(6)Where the Minister dismisses an appeal made under subsection (5), the person appealing against a direction shall comply with the direction within such period as the Minister shall specify when dismissing the said appeal.

(7)Where a person who has appealed against a direction fails to comply with the direction within the time specified under subsection (6), the provisions of subsections (3) and (4) shall apply.[As amended by No. 17 of 1961]

29. Exceptions

(1)The provisions of sections twenty-seven and twenty-eight shall not apply to—

(a)the display of an advertisement on a vehicle which is being used on a road if it is proved that the main purpose for which the vehicle is being so used is not to display such advertisement;

(b)the display of advertisements in any local authority area;

(c)the display on a building, or site, or within one hundred yards of a building or site, of an advertisement which otherwise than on a road—

(i)merely discloses the name or nature of any business or undertaking carried on in such building or on such site or the name of the proprietor or manager of such business or undertaking; or

(ii)relates solely to any article or service supplied in connection with any business or undertaking carried on in such building or on such site;

(d)the display otherwise than on a road of an advertisement which relates solely to—

(i)a form of recreation which is or will be available upon the land;

(ii)an entertainment, meeting or sale which is being or is to be held upon the land; or

(iii)the sale or lease of the land upon which the advertisement is displayed if the advertisement is displayed at an entrance to such land and not more than one advertisement is so displayed in respect of any one of such matters;

(e)the display otherwise than on a road of an advertisement which merely indicates—

(i)the name of a farm; or

(ii)that a particular road or path is a private road or path or leads to a particular place; or

(iii)that a particular act is prohibited or permitted;

(f)the display, otherwise than on a road and on or at a gate, of an advertisement which merely conveys—

(i)the name of a property or locality to which the gate gives access; or

(ii)a request or direction to close the gate;

(g)the display of any advertisement of a prescribed class if such advertisement conforms to such specifications and is displayed in accordance with such conditions as may be prescribed.

(2)If in the opinion of the Minister any advertisement displayed in accordance with the provisions of subsection (1) is likely to prove a danger to the travelling public, the Minister may call upon the person displaying such advertisement, or, in the case of signs within a local authority area, upon the local authority concerned, either to alter the advertisement or have it removed, and in such case the provisions of subsections (2), (3) and (4) of section twenty-eight shall apply.[As amended by No. 17 of 1961]

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

(1)Every highway authority shall, subject to the directions of the Minister, undertake the construction, care and maintenance of such roads or classes of roads within such area or areas as may be included in the jurisdiction conferred upon it in accordance with the provisions of this Act:Provided that if any local authority, being the highway authority concerned, fails to maintain any part of a main or district road lying within the said local authority area, the Minister may, after giving notice to the said local authority, arrange for such works to be executed in such manner as he shall direct.

(2)Unless otherwise provided in this Act, liability to undertake the construction, care and maintenance of any road shall include liability to pay all the costs incurred in such construction, care and maintenance.

32. Liability of highway authorities and their staff

(1)No matter or thing done or omitted to be done and no contract entered into by a highway authority and no matter or thing done or omitted to be done by any officer or servant or other person acting under the direction of such authority shall, if the matter or thing done was done or omitted to be done or the contract was entered into bona fide in pursuance of the duties of the authority, subject any servant or agent of the highway authority to any action, liability, claim or demand whatsoever and any expense incurred by any such servant or agent shall, in connection with any such action, claim or demand, be paid by the authority out of its funds.

(2)Nothing in subsection (1) shall be deemed to debar a suit where any act or omission has been occasioned by such negligence on the part of the authority, its officers, or servants as would create liability under any other law:Provided that the liability of a highway authority under any other law in respect of any injury, damage or loss which may accrue to any person or property through the failure of any road, ferry or pontoon to sustain any vehicle shall be limited to liability for physical damage to such person or property caused by such failure.[As amended by No. 38 of 1960 and No. 17 of 1961]

33. Power of highway authority to enter upon land

(1)A highway authority shall, within the area of its jurisdiction, have the power to enter upon any land for the purpose of carrying out investigations in connection with, or surveying or setting out the line of, any proposed road, and compensation shall be payable in respect of any damage or destruction caused by such highway authority in respect of improvements on the land concerned. In the event of failure between the highway authority and the owner or occupier of the land concerned to agree upon such compensation, the matter shall be determined by arbitration in such manner as may be prescribed.

(2)No entry shall be made upon any land in accordance with subsection (1) unless prior notice has been given to the owner or occupier of the land concerned.[As amended by No. 17 of 1961 and S.I. No. 122 of 1965]

34. Power to construct and maintain deviations

(1)For the purpose of constructing, repairing or maintaining any public road within its jurisdiction, it shall be lawful for any highway authority on giving prior notice to the owner or occupier concerned to construct and maintain temporary deviations over any land adjacent to such road not being land occupied by buildings, orchards, gardens or other improvements, or land under cultivation, or land within a local authority area, and no compensation shall be payable.

(2)The powers conferred upon a highway authority by subsection (1) may be exercised over land under cultivation with the concurrence of the owner or occupier concerned and on payment to such owner or occupier of such compensation as may be agreed, or failing agreement, as may be determined by arbitration in such manner as may be prescribed.

(3)Where any deviation has been constructed by a highway authority within a road reserve or otherwise, it shall be the duty of the highway authority when such deviation has ceased to be required for the purpose for which it was constructed to restore and make good to the satisfaction of an Agricultural Officer the land over which such deviation was constructed, for the purpose of preventing soil erosion.

35. Power to reserve land for proposed roads

(1)If during any investigation which is being made for the purpose of determining the course of any proposed public road, the Minister has reason to believe that the owner of or any person having any rights over or in land over which the proposed road may run is, within a distance of three hundred feet on either side of the centre line of the proposed course of such road, doing any act or intending to do any act which is calculated to interfere with any such proposed road, he may, in writing, request such owner or person to cease doing such act within such period as the Minister shall stipulate or not to do such act.

(2)If any such owner or person fails or refuses to comply with a request made in terms of subsection (1), the Minister may, by Gazette notice, reserve a strip of land to a width of three hundred feet on either side of the aforesaid centre line against all use thereof. Such notice shall specify each property affected by the reservation and shall prescribe the manner in which the area or areas reserved shall be demarcated.

(3)Publication of a notice of reservation in terms of subsection (2) shall have the effect of prohibiting any activity whatsoever upon the land reserved other than work in connection with the determination of the course of the proposed road:Provided that—

(i)the Minister may permit such limited use of the land concerned as he may determine, subject to such conditions as he may impose;

(ii)if no action is taken in terms of section thirty-six within twelve months of the publication of such notice, the reservation shall be deemed to lapse.

(4)No person shall be entitled to claim as a right compensation in respect of any loss or damage suffered by reason of the exercise by the Minister of any of the powers conferred upon him by this section.

(5)As soon as possible after the publication of a notice of reservation in terms of this section the Director of Roads shall lodge with the Registrar of Lands and Deeds two copies of the engineering survey plans showing the approximate centre line of the proposed road and the boundaries of properties affected.[As amended by No. 25 of 1963]

36. Reservation of road reserve

(1)As soon as the course of any proposed road has been demarcated, the Minister may, by Gazette notice and by advertisement in a newspaper circulating in the district concerned, reserve a strip of land two hundred feet wide along such course and shall notify such reservation in writing by registered post to the individual landowners concerned. Every such notice shall include a list of the properties affected by the reservation and shall specify the office at which plans showing the reserved strip of land may be inspected.

(2)Publication of a notice in terms of this section shall have the effect of—

(a)reserving the strip of land described in such notice for road purposes;

(b)prohibiting any activity whatsoever not connected with the construction of the road upon the land so reserved:Provided that the Minister may permit such limited use of the land as he may determine, subject to such conditions as he may impose in granting that permission;

(c)cancelling any reservation made in terms of subsection (2) of section thirty-five in respect of land affected by a reservation made in terms of this section, and any other land immediately adjacent thereto.

(3)As soon as possible after any land has been reserved in terms of this section, the Director of Roads shall lodge with the Registrar of Lands and Deeds two copies of the engineering survey plans showing the course of the proposed road.

(4)The Registrar of Lands and Deeds shall thereupon register the details of the reservation in such form and manner as may be prescribed.

(5)The registration of such reservation shall not debar the registered owner of any land affected from transferring or otherwise dealing with such land.

(6)Any land reserved under this section shall be demarcated in such manner as may be prescribed.[As amended by No. 25 of 1963]

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

(1)Any person affected by the exercise of any of the powers conferred upon the Minister by section thirty-six or thirty-seven who wishes to claim compensation in respect thereof shall submit in writing, within thirty days of the date of the publication of any notice in terms of section thirty-six or thirty-seven, as the case may be, a statement setting out the nature of his interest, details of the compensation claimed in respect of land to be taken, improvements likely to be removed or damaged and any expense or loss which may reasonably be incurred or suffered directly as a result of the exercise of those powers:Provided that the Minister shall not reject any claim only on account of the statement not having been submitted within the said period of thirty days if, in his opinion, the statement could not reasonably have been submitted within that period.

(2)The amount of compensation payable under this section shall be such amount as may be mutually agreed upon between the parties or, failing such agreement, as may be settled by arbitration.

40. Power to take materials for roadworks

(1)A highway authority, or any person duly authorised by it, shall at all times have the power to enter upon any land (except within the boundaries of a local authority area) and to take therefrom any material (including water, other than water from an artificial dam, well or borehole save with the consent of the owner) necessary for the construction, maintenance or repair of roads or proposed roads and for providing in connection therewith labour camps, access roads and space for stock-piling and no compensation shall be payable except as provided in this section.

(2)Whenever a highway authority considers it necessary to exercise the powers conferred by subsection (1), it shall be lawful, after prior consultation with the owner, for it to select any place or places which it may deem suitable from which to take material:Provided that the owner or occupier of the land shall if he so desires be entitled to select another place or other places on his land for the said purpose, and if such other place or places shall be found by the highway authority to be reasonably accessible and suitable as regards quantity and quality of materials, the materials shall be taken from the place or places selected by the owner.

(3)A highway authority shall not be entitled to take possession of materials on which any person other than its servants has expended any labour, or to take the stones or other material from any house, wall or other structure.

(4)If, in exercise of the powers conferred upon it by this section, a highway authority shall deem it desirable for the purposes of obtaining any material to open any quarry or quarries extending in aggregate over more than one-hundredth part of any holding or over an area of more than one acre on any holding, whichever is the less, such compensation for surface disturbances as may be mutually agreed between the highway authority and the owner of the land shall be paid by the highway authority to the owner in respect of such total area of any such quarries as exceeds one-hundredth part of any holding or one acre thereof, whichever is the less, or, failing such agreement, the amount of compensation shall be decided by arbitration in accordance with such procedure as may be prescribed:Provided that where a quarry is in a road reserve no compensation shall be payable.

(5)In addition to any compensation which may be payable under subsection (4) whenever land is entered for any purpose in accordance with the powers conferred by this section, compensation shall be paid by the highway authority to the owner of the land in respect of improvements physically damaged or destroyed. Failing agreement between the highway authority and the owner, the amount of compensation shall be decided by arbitration in accordance with such procedure as may be prescribed:Provided that compensation shall only be payable for buildings, fences, trees, crops, constructions or improvements constructed or planted inside a road reserve when such construction or planting has taken place before the road has been designated by statutory notice.

(6)A highway authority shall have the right, when constructing access roads to the sites of quarries or other places from which material is to be obtained, of making openings in fences where necessary:Provided that such openings shall be effectively closed by the highway authority against the straying of livestock during the operations and the fences properly restored on the completion of the work.

(7)Any quarry or other excavation made in exercise of the powers conferred by this section which may be a source of danger shall on the completion of the work be securely fenced off, filled in or otherwise made safe against danger to life and limb of persons or animals.

(8)It shall be incumbent on any highway authority making quarries or borrow pits in accordance with the powers conferred by this section to ensure that in any case where such quarry or borrow pit if left unfilled is likely to be a source of danger to health by becoming a breeding ground for mosquitoes or other water-borne parasites, such quarry or borrow pit is filled in to the extent necessary to prevent such danger.

(9)Any owner aggrieved by the decision of a highway authority under this section may appeal to the Minister:Provided that, if the circumstances are such that in the opinion of the highway authority any delay in exercising any right under this section would be unreasonable, the highway authority concerned may take the materials forthwith, and the Minister may make such subsequent order in the matter as he deems fit.

(10)For the purposes of this section, "owner" shall include the actual occupier of any land, but nothing in this section contained shall prejudice the right of any other person having an interest in such land in respect of any compensation payable under this section.[As amended by No. 17 of 1961]

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—

(a)to park their vehicles and to erect tents, huts or other temporary buildings on any site convenient to them, subject to the following conditions:

(i)no tents, huts or other temporary buildings shall be erected within five hundred yards of any dwelling-house; and

(ii)if the owner or occupier of such land objects to any site chosen for the erection of tents, huts or other temporary buildings, the matter shall be referred to the District Secretary who may make such order thereon as he may deem just and reasonable;

(b)to place and store plant and equipment on private land where there is insufficient room on the road reserve;

(c)to take and otherwise make provision for water necessary for the proper execution of the work and for animals and labourers, provided it shall not be taken from any artificial dam, furrow or well or borehole save with the consent of the owner;

(d)to cut down and remove trees or bush where necessary in the construction of public roads, provided that such trees when cut down shall belong to the owner of the land upon which the said trees were cut:

Provided that nothing in this section shall apply to any local authority area.[As amended by No. 17 of 1961]

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

(1)A highway authority may, for the purpose of protecting traffic along any road from danger or of making the crossing of any road less dangerous to foot passengers, erect, light, maintain, alter and remove places of refuge in such road, and construct, light, maintain, alter, remove and close subways or overbridges for the use of foot passengers.

(2)A highway authority shall have power to construct and maintain works in the carriageway—

(a)along any length of road for separating a part of the road which is to be used by traffic moving in one direction from a part of the road which is to be used (whether at all times or at particular times only) by traffic moving in another direction;

(b)at cross roads or other road junctions for regulating the movement of traffic;

(c)for providing places of refuge for the protection of foot passengers crossing the road.

(3)The powers conferred by subsection (2) shall include power to light any such works as aforesaid, to pave, grass or otherwise cover them or any part of them, to erect pillars, walls, rails or other fences on, around or across them or any part of them and to plant on them trees, shrubs, and other vegetation either for ornament or in the interests of safety.

(4)The power conferred by the foregoing provisions of this section to construct any works shall include power to alter or remove them.

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

(1)A highway authority shall have power to construct and operate any ferry or pontoon to facilitate the crossing of any river or stream.

(2)Any ferry or pontoon operated under the provisions of subsection (1) shall be operated in accordance with the provisions of any law in force relating to inland water transport.

(3)A highway authority shall have power to construct bridges over rivers and streams and over or under any railway line or inland waterway:Provided that nothing in this subsection shall detract from the rights, powers, duties, and responsibilities conferred upon the Railways by the Railways Act.[Cap. 453]

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

(1)Except in so far as may be necessary in any emergency in order to enable him to use the road in a lawful manner, no person shall otherwise than in accordance with the provisions of this Act—

(a)encroach on any road or road reserve by making or erecting any building, fence, ditch or other obstacle or by planting trees or otherwise:Provided that nothing in this paragraph shall be construed to apply to a barrier of a pattern and in a position approved by the highway authority and duly erected in accordance with any law in force for the control of traffic for the purposes of examination in connection with immigration or customs or for the control of tsetse fly;

(b)leave or place or negligently allow to fall on or over any road any timber, stones or other material so as to obstruct such road or endanger persons using the road, or deposit rubbish, debris or other material on any road;

(c)intentionally or negligently damage in any way any part of any road;

(d)fill in or obstruct any ditch or drain made to carry water off a road, whether on the road or elsewhere, or, by making dams, ditches, drains or other works, cause the flooding of any road;

(e)cause or allow any timber, sledge, plough or other heavy material or thing, not being wholly raised above the ground on wheels, to be moved along or across a road:Provided that in this paragraph the word "wheels" shall be construed as meaning wheels to which pneumatic or solid rubber tyres have been fitted:

Provided that the highway authority may authorise under such conditions as it may impose the doing of an act otherwise prohibited under this subsection.

(2)Any person contravening any of the provisions of subsection (1) shall be guilty of an offence.

(3)Any cost of repair incurred by a highway authority as a result of any act done in contravention of the provisions of subsection (1) may be recovered by the highway authority as a civil debt from the person who did such act or caused it to be done.

(4)A highway authority may, by notice in writing, direct any person who encroaches on any road or road reserve by making, erecting or planting any building, fence, ditch, tree or other obstacle contrary to the provisions of subsection (1) to remove the same within the time to be stated in such notice.

(5)If any person fails to comply with a direction given under the provisions of subsection (4), the highway authority may cause the obstacle specified in the notice to be removed.

(6)The cost of removing any obstacle under the provisions of subsection (5) may be recovered by the highway authority as a civil debt from the person failing to comply with the notice.[As amended by No. 17 of 1961 and No. 25 of 1963]

48. Regulation of undertakers' works

(1)In respect of any road specified by the Minister an undertaker shall not execute any undertakers' works except in accordance with such regulations as may be made in terms of subsection (2).

(2)The Minister may, by statutory instrument, make regulations—

(a)requiring the prior submission of sufficient details of proposed undertakers' works to the highway authorities concerned for consideration;

(b)requiring a highway authority to signify to the undertakers its approval or disapproval of the proposals within a specified time and to give reasons for any such disapproval:Provided that in any case where the undertakers and the highway authority are unable to agree the details of the proposed works the undertakers may refer the matter to arbitration;

(c)requiring undertakers to give notice of the intention to commence works approved or the subject of an arbitration award and prescribing the form and manner in which such notice shall be served and the effect thereof;

(d)governing the execution by undertakers of works being emergency works as defined in such regulations.

(3)If any undertaker executes any works in contravention of the provisions of this section, he shall be liable on conviction to a fine not exceeding three thousand penalty units.

(4)If any highway authority concerned objects to any works carried out or alleged or proposed to be carried out in contravention of the provisions of this section or to any emergency works and is unable to reach agreement with the undertakers to meet the objections, the highway authority may refer the matter to arbitration.[As amended by No. 26 of 1959, G.N. No. 275 of 1964 and Act No. 13 of 1994]

49. Execution of undertakers' works

(1)An undertaker shall execute works within roads in accordance with such proposals and details thereof as may have been agreed under the provisions of section forty-eight or in accordance with any arbitration award made thereunder, and with all such despatch as is reasonably practicable.

(2)An undertaker shall execute any items of works of an incidental nature and restore the road to a proper state of repair with all reasonable despatch after completion of any part of the works to the reasonable satisfaction of the highway authority:Provided that the highway authority by agreement with the undertaker may itself undertake the reinstatement of the upper levels of the road at the undertaker's expense.

(3)If an undertaker fails to carry out reinstatement in accordance with his obligations under this section, he shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred penalty units in respect of each day of such failure.

(4)The undertaker shall be liable to pay the highway authority the cost of remedying any subsidence or deterioration of reinstatement work carried out by the undertaker if such subsidence or deterioration takes places within six months of the completion of such reinstatement and if such deterioration is shown to have been attributable to defective workmanship or the use of defective materials:Provided that the highway authority concerned shall have given reasonable notice to the undertaker before remedying the subsidence or deterioration.[As amended by Act No. 13 of 1994]

50. Undertakers to provide warning and safety precautions

(1)An undertaker or a contractor employed by an undertaker who is executing works shall secure at his expense that the following requirements are observed during and in connection with the execution of the works and of any restoration or other repair to any road occasioned thereby:

(a)so long as the road, street, road reserve or street margin is open or broken up (except in a place to which the public have no right of access and are not permitted to have access) such works are adequately fenced and guarded and lighted in such a manner as to give adequate warning to the public during the hours of darkness;

(b)that traffic signs (within the meaning of section twenty-five) are so placed, and where so directed, operated and lighted in accordance with any directions in that behalf that may be given by the Minister;

(c)that no greater width or length of road than is reasonably necessary is open or broken up at any one time;

(d)that there is no greater obstruction to traffic on any road or interference with the normal use of such road than is reasonably necessary;

(e)that any spoil or other material not required for the execution of the works or of any consequent restoration or repair to the road is carried away as soon as it is reasonably practicable;

(f)that any other requirement imposed in accordance with any regulations made by the Minister is complied with.

(2)If any undertaker or any contractor employed by an undertaker fails to satisfy an obligation to which he is subject by virtue of subsection (1), he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding three hundred penalty units for each day of such failure.

(3)If an undertaker fails to satisfy an obligation to which he is subject by virtue of subsection (1) as regards any requirements mentioned in paragraph (a), (b) or (e) thereof, the highway authority may do anything necessary for securing observance of that requirement and the undertaker shall pay to the authority an amount equal to any cost reasonably incurred by them of so doing.[As amended by No. 26 of 1959, G.N. No. 275 of 1964 and Act No. 13 of 1994]

51. Works at railway crossings

(1)An undertaker executing works on a road at any railway level crossing shall comply with any reasonable requirements as to the arrangements for executing the works, as to hours of work, or as to any other such matters which are imposed upon him by the authority having the management of the railway, for securing the safety of persons employed in connection with the works and for ensuring that interference with traffic on the railway caused by the execution of such works is reduced so far as is practicable.

(2)If any undertaker fails to comply with an obligation to which he is subject by virtue of subsection (1), he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.[As amended by Act No. 13 of 1994]

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

(1)Subject to the provisions of this section, a statutory power of undertakers to break up or open a road, being a power conferred for any purposes other than road purposes or purposes of a railway undertaking, shall not be exercisable on or under any road during the twelve months following either—

(a)the end of any period during which the use by vehicles of the carriageway of such road has been prohibited or the width thereof available for vehicular traffic has been reduced to less than two-thirds of its normal width for the purposes of execution of works for road purposes;

(b)the completion of a resurfacing extending to one-third or more of the width of the carriageway of such road.

(2)The provisions of subsection (1) shall not apply unless the following conditions are satisfied:

(a)the highway authority has given to the undertaker concerned at least three months before the date on which the works for road purposes or resurfacing, as the case may be, were substantially begun, a notice stating that the works for such purposes were intended to be carried out and specifying the date of their commencement;

(b)the works for road purposes or resurfacing, as the case may be, were substantially begun on, or within one month from the date so specified or, if any undertakers' works were in progress in the road on that date, within one month from the completion of such undertakers' works or in either case within such extended period as may have been agreed between the highway authority and the undertaker concerned.

(3)Nothing in this section shall apply to any breaking up or opening of a road in any of the following cases:

(a)for the carrying out of any emergency works;

(b)in relation to any part of a road other than a carriageway, in the case of works relating only to the installation, maintenance, repair or removal of a service pipe or service line or overhead telegraph line or overhead electric cable;

(c)in the case of any works carried out by an undertaker, where the execution of such works is in fulfilment of an obligation imposed upon the undertaker by the provisions of this Act and could not reasonably be effected without breaking up or opening the road, as the case may be;

(d)in the case of any breaking up or opening of a road executed with the consent of the highway authority concerned.

(4)If any undertaker or any contractor employed by an undertaker breaks up or opens a road in contravention of this section—

(a)he shall pay to the highway authority concerned an amount equal to any cost reasonably incurred by such highway authority in restoring or repairing the road concerned;

(b)without prejudice to his liability under paragraph (a), he shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.

[As amended by Act No. 13 of 1994]

Part IV – Road boards

55. Constitution of road boards

(1)The Minister may from time to time by Gazette notice—

(a)constitute for any area outside the area of a local authority a board, hereinafter called a road board, consisting of not less than four nor more than seven such persons as may be appointed by the Minister subject to the provisions of section fifty-six: Provided that the Minister may in addition to such persons appoint other persons ex officio members of a road board, and such members shall have the right to take part in the proceedings of the road board but shall not have the right to vote;

(b)increase, alter or diminish the area of jurisdiction of any road board constituted under this section and at any time on due cause being shown abolish or disestablish such board.

(2)The chairman of a road board shall be a member thereof elected by the board.

(3)The Minister may from time to time determine the amount to be paid to a member for travelling and personal expenses whilst on the business of the road board.[As amended by No. 17 of 1961]

56. Disqualifications

No person shall be appointed, or continue to be, a member of a road board—

(a)who has been convicted at any time of an offence for which imprisonment without the option of a fine has been imposed as a punishment, unless he shall have received a free pardon or his period of imprisonment shall have expired at least three years prior to the date of his appointment; or

(b)who is of unsound mind; or

(c)who is an undischarged bankrupt or who has made an assignment of his estate for the benefit of his creditors.

57. Vacation of office

A member of a road board shall vacate his office—

(a)in any of the circumstances described in section fifty-six; or

(b)if he has been removed from office by the Minister in terms of section fifty-eight; or

(c)if he has been convicted for a contravention of section sixty-three.

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

(1)If any member of a road board shall, during the currency of his period of office, die, resign, become or be found disqualified under any law or otherwise vacate his seat thereon, a successor to fill the vacancy so caused may be appointed by the Minister.

(2)A member appointed in terms of this section shall hold office only for the unexpired term of office of his predecessor.

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—

(a)have such powers, duties and functions as may be prescribed;

(b)assist and advise the Minister on all matters relating to roads within its district;

(c)obtain and transmit to the Minister any information that may be required by him in connection with the administration of this Act or the regulations made thereunder; and

(d)generally carry out all such functions as may from time to time be assigned to it by the Minister.

63. Interest of members

(1)No member of a road board shall vote upon or in his capacity as a member take part in or be present at the discussion of any matter before the board in which he has any pecuniary interest either directly or indirectly.

(2)Any member knowingly contravening the provisions of this section shall be guilty of an offence and on conviction his seat on the board shall ipso facto become vacant.

Part V – Registration of motor vehicles and trailers

64. Appointment of Road Traffic Commissioner and other officers

(1)There shall be a Road Traffic Commissioner, hereinafter referred to as the Commissioner, who shall, subject to the general directions of the Minister, exercise such powers and perform such duties as are conferred upon him by or in pursuance of this or any other Act, and there shall be such Deputy and Assistant Road Traffic Commissioners as may be necessary who may, subject to the control of the Commissioner, exercise such powers and perform such duties as may be assigned to them by the Commissioner.

(2)The Commissioner may from time to time delegate to the Deputy Road Traffic Commissioner or to an Assistant Road Traffic Commissioner for such time as may be specified any of the functions conferred upon him under this Act.

(3)There shall be such licensing officers as may be necessary for the due carrying out of the provisions of this Act and of the regulations made thereunder.

(4)Each such licensing officer when appointed shall be under the direction of the Commissioner, and shall perform his duties for such area as may be specified in his appointment.

(5)All licences and registration books issued under this Act shall be issued by such licensing officers on behalf of the Commissioner.

(6)The Commissioner shall appoint such driving examiners, vehicle examiners and road traffic inspectors as may be necessary for the carrying out of the provisions of this Act and of the regulations made thereunder.[As amended by Act No. 35 of 1974]

65. Motor vehicle and trailer registers

(1)The Commissioner shall keep registers of motor vehicles and trailers, and may at his discretion, and upon payment of the prescribed fee, supply to any person applying therefor a copy of such entries therefrom as that person shows he has reasonable cause to require:Provided that no fee shall be payable when the person to whom copies are supplied is an officer of the Government or a local authority, acting in his official capacity.

(2)Separate registers shall be kept by the licensing officer in any locality as directed by the Commissioner.

(3)Every licensing officer shall, within fourteen days, forward to the Commissioner a copy of every entry made in his local register.

(4)Any licensing officer shall, upon application being made to him by any other licensing officer, supply a copy of the entries in his register relating to any motor vehicle or trailer specified in such application.

(5)Every licensing officer shall allow any police officer to inspect his register at any time, and shall permit such officer to take a copy of any entry in the register relating to any specified motor vehicle or trailer.

(6)Every licensing officer may supply to any other person applying for a copy of the entries relating to any specified motor vehicle or trailer a copy of these entries on payment of the prescribed fee, provided that such person shows that he has reasonable cause for requiring such a copy.[As amended by S.I. No. 36 of 1964]

66. Registration of motor vehicles and trailers

(1)Save as hereinafter provided, no person shall own a motor vehicle or trailer unless such vehicle or trailer is registered in accordance with the provisions of this Act:Provided that no person shall be liable to a penalty for a breach of this section if he proves that the motor vehicle or trailer has been in his ownership only for such time as might reasonably be required to get it registered.

(2)Application for the registration of a motor vehicle or trailer shall be made by the owner on the prescribed form.

(3)The licensing officer to whom application is made shall enter particulars of the motor vehicle or trailer in the register, and shall assign to the motor vehicle or trailer a registered letter or letters and number, which shall become the registration mark of such motor vehicle or trailer:Provided that—

(i)a motor vehicle or trailer shall not be registered unless the applicant produces—

(a)in the case of vehicles wholly manufactured or assembled in Zambia, a certificate of local manufacture or assembly;

(b)in any other case, a Customs Clearance Certificate;

(ii)a motor vehicle or trailer shall not be registered unless it complies with the provisions of this Act and of any regulations made thereunder with regard to the maximum limits permitted for axle weights, gross weight, height, length and width of motor vehicles or trailers or unless it shall have been exempted by the Director of Roads from compliance with such limits.

(4)For the purposes of subsection (3), a "Customs Clearance Certificate" means a certificate given by or on behalf of the Controller of Customs and Excise, setting out particulars of ownership and of the motor vehicle or trailer and such other particulars as may be prescribed and certifying that all customs formalities have been complied with in respect of the said motor vehicle or trailer; and "certificate of local manufacture or assembly" means a certificate given by or on behalf of the manufacturer or assembler of the motor vehicle or trailer, setting out particulars of the said motor vehicle or trailer, the name of the manufacturer or assembler and such other particulars as may be prescribed and certifying that the said motor vehicle or trailer has been wholly manufactured or assembled in Zambia.

(5)A licensing officer may, in accordance with such procedure or such conditions as may be prescribed, on the request of any person and on payment of the prescribed fee, assign to a motor vehicle or trailer owned by such person a particular registered letter or letters and number which shall become the registration mark of such motor vehicle or trailer.

(6)The owner of every motor vehicle or trailer shall, upon its registration, pay the fee prescribed for registration and shall obtain from the licensing officer a registration book containing such particulars as may be prescribed.

(7)Whenever it appears to the satisfaction of a licensing officer that the registration book issued to any person has been lost or destroyed or the essential particulars accidentally defaced or is in a state of dilapidation or that space is lacking for essential particulars, it shall be competent for such licensing officer, on payment of the prescribed fee, to issue a duplicate of such book with the word "duplicate" written thereon:Provided that, where there is no space available in a registration book for further essential particulars, no fee shall be charged for the issue of a duplicate.

(8)Before a duplicate registration book is issued on account of defacement, dilapidation or lack of space for essential particulars, the old registration book shall be sent to the licensing officer.

(9)If a motor vehicle or trailer does not bear on it a registration mark as provided by this section, this fact shall be regarded as prima facie evidence that the motor vehicle or trailer has not been registered and the police may detain such vehicle or trailer until inquiries have been made.

(10)The onus of proving that a motor vehicle or trailer has been registered rests upon the owner of such vehicle or trailer.

(11)The owner of a motor vehicle or trailer shall notify the licensing officer of the district in which the motor vehicle or trailer is registered of every change of address and of any other circumstance or event which affects the accuracy of the entries in the register, at the same time forwarding the registration book for amendment. The Commissioner and any licensing officer may call upon any owner of a motor vehicle or trailer at any time to furnish all information required for the verification of the entries in the register.

(12)Any person failing to comply with the provisions of subsection (1) or (11) shall be guilty of an offence and shall be liable upon conviction, in the case of a first offence to a fine not exceeding one thousand penalty units, and in the case of a second or subsequent conviction, to a fine not exceeding two thousand penalty units.[As amended by No. 17 of 1961, No. 25 of 1963, G.N. No. 293 of 1964, No. 19 of 1966, No. 35 of 1974 and Act No. 13 of 1994]

67. Change of ownership

(1)On the change of ownership of a motor vehicle or trailer otherwise than by death—

(a)the registered owner shall, within fourteen days, inform the licensing officer of the district in which the vehicle or trailer is registered in writing of the name and address of the new owner, and of the date of the change of ownership of the motor vehicle or trailer and shall deliver his motor vehicle or trailer registration book and licence to the new owner;

(b)the new owner shall, within fourteen days, deliver the registration book to the licensing officer who shall register the new owner:Provided that in any case where a person is under the provisions of section sixty-eight entered in the register of the licensing officer and in the registration book as the absolute owner of a motor vehicle or trailer, the licensing officer shall consult him before registering a person as the new owner of such motor vehicle or trailer.

(2)Application for registration of a new owner may be made before the actual transfer of the motor vehicle or trailer, but the registration of a new owner shall not be effective until the registration book has been surrendered to, and reissued by, the licensing officer.

(3)On the death of the registered owner of a motor vehicle or trailer, the person into whose custody the motor vehicle or trailer shall come shall, within fourteen days of its coming into his custody, give notice of the fact to the licensing officer of the district in which the vehicle or trailer is registered.

(4)Subsections (1) and (2) shall not apply to any change of ownership of a motor vehicle or trailer which occurs by reason of the motor vehicle or trailer being lawfully seized under a hire-purchase agreement, but in any such circumstances the following provisions shall apply:

(a)the registered owner or his representative shall, within seven days of the seizure, deliver the motor vehicle or trailer licence and the registration book to the person who has seized the motor vehicle or trailer, and inform the licensing officer in writing of the change of ownership;

(b)such person shall, within seven days of receiving the motor vehicle or trailer licence and the registration book, apply to the licensing officer to be registered as the owner thereof in place of the registered owner and shall be registered accordingly unless the licensing officer thinks fit to order otherwise;

(c)the licensing officer shall, if he is satisfied that any such person whose name has been entered in the register and registration book under section sixty-eight as the absolute owner of the motor vehicle or trailer is unable, within seven days of the seizure, to procure the motor vehicle or trailer licence and the registration book from the registered owner or his representative, supply such person on request with duplicates of the said licence and book and such person shall thereafter be deemed to be the registered owner and the licensing officer shall accept his signature as such until the next change of ownership is effected.

(5)Subject to the provisions of subsection (4), any change of ownership of any motor vehicle or trailer not notified in writing to the licensing officer of the district in which the vehicle or trailer is registered may render such vehicle or trailer liable to impoundment by any road traffic inspector in uniform or by any police officer.

(6)Where the holder of a motor dealer's vehicle licence acquires the ownership of a motor vehicle or trailer by way of purchase, or otherwise, for the purpose of resale, then notwithstanding any other provision in this section, the procedure to be followed regarding the registration of the change of ownership shall be such as may be prescribed.

(7)On the registration of a new owner, the licensing officer shall charge the prescribed fee, make the necessary alterations to the registration book, and shall deliver the altered book to the new registered owner. If more convenient, a new registration book may be issued.[As amended by No. 17 of 1961 and Act No. 35 of 1974]

68. Position of registered owner who is not absolute owner

(1)Where the person entitled to the possession of a motor vehicle or trailer is not the absolute owner thereof, but is registered as the owner thereof, any person claiming to be the absolute owner thereof (hereinafter called the "claimant") may apply to the licensing officer of the district in which the motor vehicle or trailer is registered to enter his name in the register, and in the registration book of the motor vehicle or trailer, as the absolute owner in addition to the name of the registered owner.

(2)On receipt of any such application, the licensing officer shall make such inquiries into the matter as he deems necessary and shall then make any such order as he thinks fit:Provided that any person aggrieved by such an order may within thirty days appeal to the Commissioner, whose decision shall be final.

(3)In any case where an order passed in accordance with subsection (2) requires that the name of the claimant shall be entered in the registration book, the registered owner shall produce the book for the entry to be made upon being required to do so.

(4)When any person whose name has been entered in the register and registration book as the absolute owner of a motor vehicle or trailer ceases to be the absolute owner, he shall inform the licensing officer who shall thereupon delete the entries:Provided that it shall be lawful for the licensing officer to delete the said entries otherwise than upon the information given by the claimant, if he is satisfied that such person has ceased to be the absolute owner of the motor vehicle or trailer.

69. Furnishing evidence of weights and dimensions of motor vehicle or trailer

(1)Every owner of a motor vehicle or trailer shall, if so required by the Commissioner or a licensing officer, furnish such evidence as may be reasonably available or obtainable by him in regard to the net weight and the maximum weight, including its own weight, that the manufacturers of the motor vehicle or trailer state that such vehicle or trailer has been built to carry, including the recommended distribution of such weight over the several axles of the vehicle or trailer and the height, length and width of the motor vehicle or trailer, and any person who fails to comply with any such requirement shall be guilty of an offence.

(2)The Commissioner or a licensing officer may require any dealer in motor vehicles or trailers to furnish a sworn declaration specifying the net weight, the maximum weight, including its own weight, that the manufacturers of the motor vehicle or trailer state that such vehicle or trailer has been built to carry, including the recommended distribution of such weight over the several axles of the vehicle or trailer, and the height, length and width of any motor vehicle or trailer sold by him, and any builder of motor vehicle or trailer bodies to furnish such a declaration concerning the weight and the dimensions of any such body built by him. Any such dealer or builder who fails to comply with any such requirement shall be guilty of an offence.

(3)Any applicant for a registration book or for a licence or for the duplicate of such book or licence or any other person required in terms of the provisions of this section to give any information, who shall wilfully give false, misleading or inaccurate information 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]

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

(1)Any person who becomes the owner of a motor vehicle or trailer which is not registered or licensed in terms of this Act, and who wishes to take such motor vehicle or trailer for registration from the district in which he acquired it to the district in which he resides or carries on business, may apply on the prescribed form to the licensing officer of the district in which he acquired such motor vehicle or trailer.

(2)The licensing officer on receipt of such application on the prescribed form and of the prescribed fee, and if he is satisfied that there is in force in respect of the use of such motor vehicle or trailer a policy of insurance which complies with the requirements of section one hundred and thirty-five, and that such policy will be valid for the whole period during which such vehicle or trailer may be used with temporary registration cards attached to it, shall issue to such applicant two temporary registration cards on the prescribed form which shall be valid for a period of fourteen days from the issue thereof or for such lesser period as may be specified thereon.

(3)Every person to whom temporary registration cards have been issued in terms of this section shall—

(a)cause such temporary registration cards to be affixed to the motor vehicle or trailer in respect of which they were issued, in such position as may be prescribed;

(b)on or before the date of expiry of the period of validity of the temporary registration cards or on registration of the motor vehicle or trailer under this Act, whichever is the earlier, surrender the temporary registration cards to the licensing officer of the district in which he resides or carries on his business.

(4)Notwithstanding the provisions of subsection (2), it shall be lawful for a licensing officer to refuse to issue temporary registration cards for any vehicle or trailer that does not comply with the provisions of this Act and of the regulations made thereunder with regard to the maximum limits permitted for axle weights, gross weight, height, length and width of motor vehicles or trailers unless such vehicle or trailer shall have been exempted by the Director of Roads from compliance with such limits.[As amended by No. 26 of 1959 and No. 25 of 1963]

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

(1)Before registering any motor vehicle or trailer, the licensing officer shall verify all the particulars entered in the form of application and may, if he deems it necessary, order that any such vehicle or trailer be taken to a vehicle examiner to be examined for the purpose of ensuring that it is of such construction and in such condition as complies with the requirements of this Act and of the regulations made thereunder.

(2)Every licensing officer shall, in respect of any motor vehicle or trailer which he has reason to believe is not in a fit and proper state of repair, or does not conform with the provisions of this Act or of any regulations made thereunder, have the power to order that the said motor vehicle or trailer be taken to a vehicle examiner for examination.

(3)Where a vehicle examiner on examining a motor vehicle or trailer sent to him under the provisions of subsection (1) or (2), or submitted to him pursuant to a prohibition under paragraph (f) of subsection (1) of section two hundred and twelve, finds that the said motor vehicle or trailer does not comply with the provisions of any law in regard to construction and equipment applicable to such motor vehicle or trailer, he shall make a full list (hereinafter called a "defects list") of all defects found and shall give the owner of the vehicle or trailer a copy thereof and shall notify him of the date (hereinafter called the "notified date") by which the defects must be remedied and the vehicle or trailer produced for re-examination.

(4)If, upon re-examining a motor vehicle or trailer under the provisions of this section to ascertain whether the defects in a defects list have been remedied, the vehicle examiner finds any further defects he shall require, in the manner set forth in subsection (3), the owner to remedy such defects.

(5)If a motor vehicle or trailer is not produced for re-examination on the notified date or if the defects in a defects list have not been remedied on the notified date, or if, upon examining a motor vehicle or trailer under the provisions of this section, it is considered necessary in the interests of safety, a vehicle examiner may prohibit the use of such motor vehicle or trailer, or issue such other directions as he may think necessary restricting its use; any such order, and any prohibition of the use of a motor vehicle or trailer under paragraph (f) of subsection (1) of section two hundred and twelve may be cancelled or revoked by the vehicle examiner as soon as the defects of such vehicle or trailer have been remedied to such an extent that in his opinion the said motor vehicle or trailer may safely be used on a road.

(6)When all the defects in a defects list have been remedied to his satisfaction, the vehicle examiner shall cancel the defects list and, if the examination was made under the provisions of subsection (1), he shall inform the licensing officer that he has cancelled the defects list.

(7)On each examination of a motor vehicle or trailer as provided in this section, and on any subsequent examination for the purpose of ensuring that defects in a defects list have been remedied, such fees shall be paid by the owner of a vehicle or trailer as may be prescribed, and such fees shall be allocated in the prescribed manner:Provided that, except in the case of re-examinations for the purpose of ascertaining whether defects have been remedied, no fee shall be payable for an examination pursuant to a prohibition under paragraph (f) of subsection (1) of section two hundred and twelve, nor, if no defects are found, for an examination ordered under subsection (2).

(8)If any owner of a motor vehicle or trailer is aggrieved by any decision of a vehicle examiner, he may appeal to the Commissioner who may vary or cancel the requirements of the vehicle examiner or dismiss the appeal.

(9)Any person who fails to comply with or who disobeys any order made by a licensing officer under subsection (1) or (2) shall be guilty of an offence.

(10)Any person who fails to comply with or who disobeys any order made by a vehicle examiner under subsection (5) shall be guilty of an offence and shall be 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 No. 25 of 1963 and Act No. 13 of 1994]

76. Tests of satisfactory condition of motor vehicles and trailers

(1)The provisions of this and the next following section shall have effect for the purpose of ascertaining whether the requirements of this Act and of any regulations made thereunder relating to the construction and condition of motor vehicles and trailers or their accessories or equipment are complied with.

(2)The Minister may by regulation make provision for the examination of motor vehicles and trailers submitted for examination under this section and for the issue, where it is found on such an examination that the said requirements are complied with, of a certificate (hereinafter referred to as a "test certificate") that at the date of the examination the said requirements were complied with in relation to the motor vehicle or trailer so examined.

(3)Examinations for the purposes of this section shall be carried out by persons appointed as vehicle examiners.

(4)Where a test certificate is refused, the vehicle examiner shall issue a notification of the refusal stating the grounds thereof, and any person aggrieved by the refusal may appeal to the Commissioner within twenty-eight days; and on any such appeal the Commissioner shall cause a further examination to be made and either issue a test certificate or issue such a notification as aforesaid.

(5)The Minister may, by statutory instrument, make regulations for the purpose of giving effect to the foregoing provisions of this section and for prescribing anything authorised by this section to be prescribed and in particular as to—

(a)the establishment and maintenance of stations where examinations under this section may be carried out and the provision and maintenance of apparatus for carrying out such examinations;

(b)the manner in which and the conditions under which examinations are carried out, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out;

(c)the manner in which applications for, or notices of, examinations due under this section are to be made, the manner in which appeals may be brought under subsection (4), the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application, examination or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Commissioner that there were substantial grounds for contesting the whole or part of the decision appealed against;

(d)the form of, and particulars to be contained in, test certificates, their display and production on demand to police officers or road traffic inspectors, and the form of notification of a refusal to issue a test certificate;

(e)the issue of duplicates of test certificates lost or defaced, and the fees to be paid for the issue thereof;

(f)the keeping by vehicle examiners of registers of test certificates, and the inspection of such registers by such persons and in such circumstances as may be prescribed;

(g)the keeping by vehicle examiners of such other records as may be prescribed and the furnishing by them of returns and information to the Commissioner;

and regulations under this section may make different provision in relation to different motor vehicles and trailers or classes of motor vehicles and trailers.[As amended by No. 26 of 1959, No. 17 of 1961 and G.N. No. 275 of 1964]

77. Obligatory test certificates

(1)Any person who uses a motor vehicle or trailer on a road at any time or causes or permits to be so used a motor vehicle or trailer to which this section applies and in respect of which no test certificate has been issued within the appropriate period before the said time shall be guilty of an offence and shall be 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.

(2)Notwithstanding the provisions of subsection (1), any motor vehicle or trailer on which no test certificate is displayed may be impounded by any road traffic inspector in uniform or by any police officer.

(3)The motor vehicles and trailers to which this section applies at any time shall be such as the Minister may, by statutory notice, determine.

(4)The Minister may by regulation exempt from subsections (1) and (2) the use of motor vehicles or trailers for such purposes as may be prescribed.

(5)The Minister may by regulation exempt from subsections (1) and (2) the use of motor vehicles or trailers in any such area or on any such road as may be prescribed.

(6)The Minister may by regulation provide that where application is made under section eighty-eight for a licence for a motor vehicle or trailer to which this section applies, the licence shall not be granted except after either—

(a)the production of such evidence as may be prescribed of the granting of an effective test certificate or (if it is so prescribed) the production of such a certificate; or

(b)the making of such a declaration as may be prescribed that the motor vehicle or trailer is not intended to be used during the period for which the licence is to be in force except for a purpose prescribed under subsection (3) or in an area or on a road prescribed under subsection (4).

In paragraph (a), the expression "effective test certificate" means in relation to an application for a licence for a motor vehicle or trailer, a test certificate relating to the said motor vehicle or trailer and issued within the appropriate period before the date from which the licence is to be in force.

(7)In this section, the expression "appropriate period" means a period of twelve months or such shorter period as may be prescribed.

(8)Where within the appropriate period after the issue of a test certificate, but not earlier than one month before the end of that period, a further test certificate is issued as respects the same motor vehicle or trailer, the further certificate shall be treated for the purposes of this section as if issued at the end of the said appropriate period.

(9)For the purposes of spreading the work of issuing certificates in anticipation of the coming into operation of this section or of a change in the length of the appropriate period—

(a)the order appointing a day for the coming into operation of this section may appoint different days as respects different motor vehicles, trailers or classes of motor vehicles or trailers;

(b)the regulations changing the length of the appropriate period may be made so as to come into operation on different days as respects different motor vehicles, trailers or different classes of motor vehicles or trailers.

(10)*The provisions of this section and of section seventy-six shall not come into force until a date or dates to be notified by the Minister by statutory notice.^{*1st January, 1960, notified by G.N. No. 346 of 1959.}[As amended by No. 26 of 1959, G.N. No. 275 of 1964 and Act No. 13 of 1994]

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

(1)When any motor vehicle or trailer is broken up, destroyed or sent permanently out of Zambia, the person who at the material time is the owner of such motor vehicle or trailer shall, within fourteen days, notify the licensing officer of the district in which the vehicle or trailer is registered and shall deliver up the registration book to the licensing officer.

(2)The licensing officer may on receipt of such information and the registration book assign the registration mark of such motor vehicle or trailer to any other motor vehicle or trailer subsequently registered by him.

(3)In any case where a motor vehicle or trailer has neither been licensed, nor exempted from being licensed, for a consecutive period of five years, its registration shall be cancelled by the licensing officer of the district in which it is registered, and its registration mark may be assigned to any motor vehicle or trailer subsequently registered by such licensing officer. A registration so cancelled shall be of no effect.^{*1st January, 1960, notified by G.N. No. 346 of 1959.}

80. Exemptions from need for registration

The following classes of motor vehicles or trailers shall be exempted from the need for registration:

(a)motor vehicles or trailers in the possession of manufacturers of or dealers in motor vehicles or trailers, but subject to such provisions as to motor dealers' vehicle licences as may appear hereinafter;

(b)motor vehicles or trailers brought into Zambia by visitors whether used under the authority of an international certificate or not, and exempted from registration in accordance with any regulations made under this Act;

(c)trailers used exclusively for agricultural purposes and not used on any road;

(d)any other motor vehicle or trailer as may by regulation be exempted from registration.

81. Registration marks

(1)There shall be fixed and maintained on every motor vehicle and trailer in such manner as may be prescribed the registration mark referred to in subsection (3) of section sixty-six.

(2)When a motor vehicle is being used to tow a trailer or trailers, its registration mark shall also be fixed at the rear of such trailer, or, if there is more than one trailer, at the rear of the last trailer, in such manner as may be prescribed.

(3)No other figures, letters or designs may be placed on or within such distance as may be prescribed from a registration mark lawfully fixed on a motor vehicle in terms of this section.

82. Offences in connection with registration marks

(1)If the registration marks to be fixed and maintained in accordance with this Act and regulations made thereunder are not so fixed and maintained, or if being so fixed and maintained are in any way obscured or rendered or allowed to become not easily distinguishable, the person driving the motor vehicle or trailer and the owner thereof shall be guilty of an offence, and upon conviction shall be liable, 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:Provided that a person shall not be convicted of an offence under this section if in the case of a prosecution for obscuring a mark or rendering or allowing it to become not easily distinguishable, he proves that he has taken all steps reasonably practicable to prevent the mark from being obscured or rendered not easily distinguishable.

(2)Notwithstanding anything contained in subsection (1), any motor vehicle or trailer having no registration marks or on which false registration marks are fixed may be impounded by any road traffic inspector in uniform or by any police officer.[As amended by Act 35 of 1974 and Act No. 13 of 1994]

Part VI – Vehicle licensing

83. Vehicles to be licensed

(1)No person shall use and no person being the owner shall cause or permit to be used upon a road any vehicle or trailer unless there is in force in relation to that vehicle or trailer a licence issued in accordance with the provisions of this Part, and no person shall use or cause or permit to be used a vehicle or trailer for a purpose not authorised by, or in contravention of any condition or other provision contained in, any licence in force in relation to such vehicle or trailer under this Part.

(2)Any person failing to comply with the provisions of subsection (1) shall be guilty of an offence, and upon conviction shall be liable, in addition to any other penalty which may be prescribed, to pay a fine (which shall be disposed of in the same manner as the tax payable on the licence) not exceeding treble the amount of tax payable on an annual licence for the vehicle concerned:Provided that a person shall not be convicted of an offence under this section by reason only of not holding a valid licence if he proves that he has not had a reasonable opportunity of obtaining such licence and that the vehicle was being used for the purpose of obtaining such licence.

(3)Subject to the provisions of subsection (2), any motor vehicle or trailer on which no valid licence is displayed may be impounded by any road traffic inspector in uniform or by any police officer.[As amended by Act No. 35 of 1974]

84. Form of licence

(1)Vehicle licences in respect of vehicles other than motor vehicles and trailers shall be in the prescribed form and shall be issued by a licensing officer.

(2)Every person applying for a licence for a vehicle under this section shall furnish to the licensing officer such particulars as may be prescribed.

(3)On being furnished with the particulars required by subsection (2), the licensing officer shall, subject to the provisions of this Act, issue a licence to the applicant.

(4)A licensing officer who is satisfied that a vehicle licence duly issued under this section has been lost or destroyed, may, upon payment of the prescribed fee, issue a duplicate thereof.[As amended by No. 26 of 1959 and No. 19 of 1966]

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

(1)Every person who transfers the ownership of a vehicle not being a motor vehicle or trailer shall, within fourteen days, deliver his vehicle licence to the licensing officer and shall inform him in writing of the name and address of the transferee.

(2)On application by the transferee and on payment of the prescribed fee the licence, amended as may be necessary, shall be reissued to him.[As amended by No. 19 of 1966]

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

(1)Where the holder of a motor vehicle or trailer licence desires to use the motor vehicle or trailer for a purpose not authorised by the licence, or where, after the issue of a licence, a motor vehicle or trailer is altered so that a different rate of tax becomes payable, the existing licence shall become void and the holder shall apply for a new licence. In such cases the new licence shall not be issued until the old licence has been surrendered. The licensing officer shall require the holder to pay, or shall refund to him, as the case may be, such difference in tax between the old and new licences, for the unexpired period of the old licence, as may be appropriate:Provided that, in each case of refund, the sum of seventy five penalty units shall be deducted.

(2)Where a new licence is issued in the circumstances referred to in this section, the licensing officer shall duly amend the register, or notify the licensing officer of the district in which the vehicle is registered, as the case may be, and shall issue a new registration book.[As amended by Act No. 13 of 1994]

92. Suspension or refusal of licences

(1)If upon an examination of a motor vehicle or trailer under the provisions of subsection (2) or (3) of section seventy-five or under the provisions of section seventy-six, the vehicle or trailer is found to be so constructed or in such a condition as to be a source of danger to any persons travelling in the vehicle or trailer, or to any users of the road, or to be injurious to the roads themselves, or if the owner of the vehicle or trailer fails by the notified date to remedy the defects pointed out by the vehicle examiner, a licensing officer may suspend or refuse the renewal of a motor vehicle or trailer licence for that vehicle or trailer:Provided that any owner of a motor vehicle or trailer in respect of which the licence is so suspended or for which the renewal of the licence is refused may, within thirty days, appeal against the decision of the licensing officer to the Commissioner, and the Commissioner may, if he thinks fit, direct the licensing officer in writing to grant or withhold the issue of the licence applied for.

(2)This section shall not apply in relation to any motor vehicle or trailer to which Part XI applies.

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—

(a)if an annual licence, the last day of a twelve-month period beginning on the first day of the quarter in which the licence was issued;

(b)if a half-yearly licence, the last day of a six-month period beginning on the first day of the quarter in which the licence was issued; or

(c)if a quarterly licence, the last day of the quarter in which the licence was issued.

95. Taxes

(1)The taxes specified in the First Schedule shall be payable in respect of vehicle, motor vehicle and trailer licences.

(2)For every annual licence for a motor vehicle or trailer the tax shall be as specified in the said Schedule: for every half-yearly licence there shall be paid fifty-five per centum of the said tax, and for every quarterly licence thirty per centum of the said tax.

(3)The holder of a motor vehicle or trailer licence other than a quarterly licence shall, on surrendering it for cancellation to the licensing officer who issued the licence, be entitled to a refund of one-twelfth part of the annual tax paid on the licence for each complete calendar month of the licence period still to run:Provided that—

(i)the sum of seventy five penalty units shall be deducted from the total amount so computed and shall not be refunded;

(ii)the licensing officer may, where it is proved to his satisfaction that it is not possible for the holder of a licence to surrender it for cancellation, dispense with the surrender of such licence.

(4)*Notwithstanding any other provision contained in this section, the tax payable in respect of vehicle, motor vehicle and trailer licences issued on or after the 6th July, shall be computed—^{*This subsection shall be deemed to have come into force on 6th July, 1963. (See Act No. 37 of 1963.)}

(a)for the period from the 6th July, to the 30th September, both dates inclusive, at the rate in force immediately before the 6th July;

(b)for any period after the 30th September, at the rate in force on the 6th July;

and the tax so computed shall be payable in respect of any such licence.[As amended by No. 26 of 1959, No. 17 of 1961, Nos. 24, 37 of 1963, and Act No. 13 of 1994]

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

(1)Every motor vehicle or trailer licence shall be carried on the vehicle or trailer in the manner prescribed when the vehicle or trailer is in use:Provided that a motor dealer's vehicle licence need not be carried on a vehicle or trailer used under the authority of the licence, and provided further that a trailer licence may be carried in or on the motor vehicle drawing it at the time.

(2)Every motor vehicle or trailer licence may be inspected on demand by any road traffic inspector in uniform or by police officer or by any other person so authorised in writing by the Commissioner.[As amended by Act No. 35 of 1974]

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

(1)No motor dealer's vehicle licence shall be used for any purpose not provided for in this Act.

(2)No motor vehicle or trailer shall be used on any road under the authority of a motor dealer's vehicle licence unless the holder of the licence or a person duly authorised by him accompanies such vehicle, and any person so using a motor vehicle or trailer shall be guilty of an offence.

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:

(a)the motor vehicles and trailers used under such licence shall not be used on any road except—

(i)for the purpose of proceeding to or from a workshop for the purposes of maintenance or repair;

(ii)for a journey of not more than eight kilometres for the purpose of going from one portion of land belonging to or in the occupation of the owner of the motor vehicle or trailer to any other such portion; or

(iii)for the purpose of complying with the provisions of this Act or any regulations made thereunder or with any order or direction made or given under the said Act or regulations, relating to the examination of vehicles;

(b)every such licence shall be valid for twelve months from the first day of the quarter in which it is issued;

(c)every motor vehicle or trailer used on a road under the authority of a farm vehicle licence shall display in such manner as may be prescribed a farm vehicle identification plate or token in the prescribed form.

[As amended by No. 25 of 1963]

107. Contract cars

(1)No person shall let out on hire any contract car unless the motor vehicle licence in respect of such contract car has been inscribed by the licensing officer as being valid for a contract car.

(2)No motor vehicle licence issued in respect of a contract car shall be used on any motor vehicle other than the motor vehicle in respect of which it was issued.

(3)Any person who fails to comply with the provisions of this section shall be guilty of an offence.

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

(1)The provisions of this Part shall not apply to—

(a)any vehicle or trailer held for the purposes of sale only, subject to the provisions of sections ninety-nine to one hundred and five;

(b)any vehicle or trailer for which a licence is required under any other law for the time being in force;

(c)any motor vehicle or trailer owned by the Government or the President;

(d)any motor vehicle or trailer brought into Zambia by visitors, whether used under the authority of an international certificate or not, and exempted from being licensed under this Act in accordance with any regulations made under this Act;^{*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.}

(e)bicycles;

(f)any other vehicle or trailer or class of vehicle or trailer as may by regulation be prescribed.

(2)After the commencement of this Act, no licence to use a vehicle or trailer shall be necessary under any rules or by-laws made or deemed to have been made under the Local Government Act.[Cap. 281][As amended by G.N. No. 293 of 1964 and No. 37 of 1965]

Part VII – Driving licences: Issue, testing, etc.

110. Necessity to hold driving licence

(1)No person shall drive a motor vehicle on a road unless he is the holder of a driving licence authorising him to drive a vehicle of that class or description, and no person shall permit or employ any person to drive a motor vehicle on a road unless that person is the holder of such a driving licence, and if any person acts in contravention of any of these provisions 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:Provided that this section shall not apply to any person who is the holder of an international driving permit or of any other driving licence or permit Issue outside Zambia, or of a military driving licence, or of the equivalent of such licence or permit, which is deemed by regulation made under this Act to have effect within Zambia as though it were a driving licence issued under section one hundred and eleven or one hundred and thirteen.

(2)Subject to the provisions of subsection (1), any motor vehicle which is driven on a road by any person who is not the holder of a valid driving licence authorising him to drive a vehicle of that class or description, may be impounded by any road traffic inspector in uniform or by any police officer.

(3)Upon the issue of a driving licence to a person, any driving licence previously issued to that person, whether inside or outside Zambia, shall become void in so far as it may authorise the holder to drive a motor vehicle in Zambia.[As amended by Act No. 35 of 1974 and Act No. 13 of 1994]

111. Application for issue of driving licence

(1)Application for a driving licence or for a duplicate driving licence or for the renewal of such licences as may be prescribed or for the extension, by endorsement, of a driving licence, shall, subject to the provisions of subsection (2), be made to a licensing officer and shall be in such form as may be prescribed.

(2)Where it is so prescribed an application under the provisions of subsection (1) shall be made to the Commissioner.

(3)Any person making an application under this section shall comply with such conditions and make such declarations as may be prescribed:Provided that where conditions are so prescribed a licensing officer or the Commissioner, as the case may be, may dispense with compliance with such conditions in such circumstances as may be prescribed.

(4)Subject to the provisions of this Act and to any regulations made thereunder and on payment of the prescribed fee, a licensing officer shall issue, renew or extend, by endorsement, a driving licence or a duplicate driving licence.

(5)Driving licences shall be renewed or extended, by endorsement, in such manner as may be prescribed.[No. 17 of 1961]

112. Driving tests

(1)A driving test shall be conducted by a driving examiner, and the form of the test shall be in accordance with the general instructions laid down from time to time by the Commissioner and every person taking a test shall comply with such conditions as may be prescribed.

(2)Upon being satisfied on such test that the applicant is competent to drive a motor vehicle of the class in respect of which the test was held, the driving examiner shall on payment of such fee as may be prescribed issue to the applicant a certificate in such form as may be prescribed stating that the holder is competent to drive such class of motor vehicle as may be specified in such certificate.[As amended by No. 17 of 1961]

113. Provisional driving licences

(1)Notwithstanding anything to the contrary contained in section one hundred and ten, a licensing officer may issue a provisional driving licence to any person who wishes to learn to drive a motor vehicle and who applies for such licence in such form and manner, if any, as may be prescribed.

(2)A provisional driving licence shall be in such form as may be prescribed and shall entitle the holder thereof, for a period of three months from the date of issue in the case of any motor vehicle other than a motor cycle, or for a period of one month from the date of issue in the case of a motor cycle, to drive upon any road a motor vehicle of the class in respect of which it has been issued:Provided that—

(i)whilst a person is so driving a motor vehicle he shall at all times be under the supervision of a person who shall sit beside him or, if this is not possible, as near as is practicable, and who shall be in possession of a licence to drive such vehicle, and provided further that such plates as may be prescribed shall be displayed upon such vehicle;

(ii)such plates as may be prescribed for use when a person is under instruction shall be removed when any person holding a valid driving licence issued under section one hundred and eleven is driving the vehicle:Provided that this proviso shall not apply to a vehicle used specifically for driving instruction and owned by a person licensed in accordance with section two hundred and forty-seven as a driving instructor nor to a vehicle being driven by a person holding a valid licence during any period when a person holding a provisional licence is under instruction;

(iii)a person riding a motor cycle or auto cycle or other vehicle which is not constructed or adapted to carry more than one person whilst in possession of a provisional driving licence shall not be required to be under supervision as in proviso (i) and no person other than the rider shall be carried on a motor cycle or auto cycle when the rider thereof has a provisional driving licence.

(3)Where a public service vehicle is being driven by the holder of a provisional licence, no person other than the person supervising the driving of such vehicle by such holder in accordance with the provisions of subsection (2) shall be carried as a passenger in such vehicle:Provided that—

(i)the provisions of this subsection shall not apply where a person is being carried in such vehicle for the sole purpose of receiving instruction in the driving of such vehicle;

(ii)not more than one person being carried for the purpose of receiving instruction shall be in the front seat with the driving instructor.

(4)Any person failing to comply with the provisions of this section shall be guilty of an offence and upon conviction shall be liable, in the case of a first offence, to a fine not exceeding one thousand penalty units, and in the case of a second or subsequent conviction to a fine not exceeding two thousand penalty units.

(5)Notwithstanding anything contained in subsection (4), any motor vehicle in respect of which an offence is committed under this section may be impounded by any road traffic inspector in uniform or by any police officer.[As amended by No. 17 of 1961, No. 19 of 1966, No. 35 of 1974 and Act No. 13 of 1994]

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

(1)A driving licence and a provisional driving licence, unless expressed to be valid for all classes of motor vehicles, shall be valid only for the class or classes of motor vehicle specified therein, but may by endorsement of the licence in the manner and form prescribed, and on payment of the prescribed fee, be extended to any other class of motor vehicle:Provided that the passing of a test to drive a particular class of vehicle specified in such regulations as may be made in that behalf shall entitle the applicant to have his licence endorsed for other classes of vehicle as may be specified in such regulations.

(2)For the purposes of this section, motor vehicles shall be classified as may be prescribed.[As amended by No. 17 of 1961]

116. Age of driver

(1)Notwithstanding any other provision of this Act, no person shall obtain or attempt to obtain a driving licence or provisional driving licence—

(a)to drive an auto cycle or invalid carriage, unless he has attained the age of sixteen years; or

(b)to drive a construction vehicle, a heavy goods vehicle or an articulated vehicle, unless he has attained the age of eighteen years; or

(c)to drive a public service vehicle carrying passengers for hire or reward, or a private motor omnibus used otherwise than for private or domestic purposes, unless he has attained the age of twenty-one years; or

(d)to drive any motor vehicle not mentioned in paragraph (a), (b) or (c), unless he has attained the age of seventeen years.

(2)For the purposes of this section, an "articulated vehicle" means a motor vehicle with a trailer so attached to the drawing vehicle that part of the trailer is superimposed upon the drawing vehicle and when the trailer is uniformly loaded not less than twenty per centum of the load is borne by the drawing vehicle.

(3)Any driving licence or provisional driving licence obtained in contravention of this section shall be void.

(4)Any person contravening the provisions of this section shall be guilty of an offence.[As amended by No. 38 of 1960]

117. Driving test fees

(1)Every person applying to undergo a driving test shall pay the prescribed fee. If a person fails to present himself for the test for which he has applied, the fee paid shall be forfeit:Provided that if he gives forty-eight hours' notice of his inability to appear for any test which has been arranged for him, the fee paid shall be refunded to him. The disposal of fees shall be as may be prescribed.

(2)No fee shall be payable in respect of a test carried out as a result of an order passed under subsection (1)(c) of section one hundred and twenty.

118. Form and duration of licences

(1)Driving licences shall be in such form and be valid for such periods as may be prescribed:Provided that different forms and different periods of validity may be prescribed for different types of driving licence.

(2)Duplicate driving licences shall be in such form and may be issued in such circumstances and subject to such conditions as may be prescribed.

(3)The signature, or thumb mark, and, where so required by regulations made under subsection (4), the photograph of the holder shall be affixed to a driving licence in the prescribed manner, and a licensing officer may require that such holder, or any person to whom a driving licence is to be issued, shall appear before him in person for the purpose of affixing such signature, mark or photograph.

(4)The Minister may, by regulation—

(a)require a photograph, of such size and type as may be prescribed, of the holder of a driving licence, or of any specified type of driving licence, to be affixed to such licence;

(b)prescribe the class or description of vehicle which old licences of a specified type shall authorise the holders thereof to drive;

(c)prescribe a date after which old licences, or any specified type or types of old licence, shall cease to be valid;

(d)provide for the replacement of old licences by driving licences issued under this Act, the procedure to be adopted upon such replacement, and the fee, if any, to be paid in respect thereof.

(5)In this section—"old licence" means a driving licence issued under the provisions of the Motor Traffic Act, Chapter 172 of the 1960 Edition of the Laws, and valid at the commencement of any regulations made under subsection (4) referring to such licence;"type", in relation to a licence, means such a licence authorising the holder thereof to drive vehicles of a certain class or description, or certain classes or descriptions.[No. 17 of 1961 as amended by G.N. No. 275 of 1964]

119. Fees for licences

(1)There shall be payable in respect of a driving licence the fee prescribed in the Third Schedule.

(2)There shall be payable in respect of a provisional driving licence such fee as the Minister may prescribe.

(3)Any fee payable in respect of a driving licence or a provisional driving licence shall be paid to the licensing officer by whom it is issued at the time it is issued.

(4)Any fee paid to a licensing officer in respect of a driving licence or a provisional driving licence shall be paid into the general revenues of the Republic:Provided that if a licensing officer is the holder of an office in a local authority, there shall be paid into the general fund of such local authority in each financial year of such local authority—

(a)ten per centum of the first thirty thousand fee units of the fees so paid to such licensing officer in that financial year; and

(b)five per centum of the balance of the fee units so paid to such licensing officer in that financial year;

and the net amount of such fees shall be paid into the general revenues of the Republic.

(5)In this section—"financial year", in relation to a local authority, has the meaning assigned thereto in section forty-two of the Local Government Act,"local authority" means a municipal council, a township council or a rural council established, or deemed to be established, under the Local Government Act.[Cap. 281][No. 4 of 1969 and Act No. 13 of 1994]

120. Revocation, etc., of driving licences

(1)Notwithstanding anything to the contrary contained in this Act, it shall be lawful for the Commissioner—

(a)to revoke a licence or an endorsement authorising the holder thereof to drive a public service vehicle if, in the opinion of the Commissioner, the conduct or character of the holder is such as to render him unfit to drive such vehicle from the point of view of the safety of the public;

(b)to revoke a driving licence of any person who appears, in the opinion of the Commissioner, to be suffering from a disease or disability likely to cause the driving by him of a motor vehicle to be a source of danger to the public; or

(c)to order a fresh driving test by a driving examiner in the case of any holder of a driving licence who appears to the Commissioner to be so deficient in driving ability as to be a source of danger to the public, and if the licence holder fails to pass such test, the Commissioner shall have power to revoke his licence.

(2)The Commissioner may at any time cancel or amend an order made by him under this section.

(3)No revocation may be made under this section unless the licence holder concerned has first been given an opportunity to make representations on his behalf to the Commissioner.

(4)Any person aggrieved by an order or decision of the Commissioner under this section may appeal to the Minister within fourteen days from the making thereof.

(5)Any order under this section shall be in writing and shall be sent or delivered to the licence holder concerned, and in the case of an order to revoke a driving licence or an endorsement of such licence the licence holder shall, within fourteen days of the receipt of such order or of the failure of an appeal against such order, as the case may be, deliver or send such licence to the person who made such order.[As amended by No. 38 of 1960 and S.I. No. 36 of 1964]

121. Appeals

(1)Any person aggrieved by the refusal of a licensing officer or of the Commissioner to issue a driving licence under this Part may, within fourteen days of such refusal, appeal to the Commissioner or, where the appeal is from a refusal of the Commissioner, to the Minister in such form and manner as may be prescribed.

(2)In any such appeal the decision of the Commissioner or of the Minister, as the case may be, shall be final.

(3)Regulations may be made providing for an appeal against a refusal to issue a duplicate driving licence.[As amended by No. 17 of 1961]

Part VIII – Driving licences: Suspension, cancellation, endorsement

122. Powers of court

(1)Any court before which a person is convicted of an offence under this Act—

(a)may where so permitted by the Second Schedule, and unless the court for special reasons thinks fit to order otherwise shall where so required by the said Schedule, if the person convicted holds a driving licence granted in Zambia, or a driving licence or its equivalent granted in any other country and which is valid in Zambia, suspend such licence or its equivalent, for such time as the court thinks fit, or cancel such licence or its equivalent and declare the person convicted disqualified from obtaining another licence in Zambia for a stated period:Provided that where the provisions of this section apply, and where the person convicted holds no driving licence or its equivalent, the court may, and unless the court for special reasons thinks fit to order otherwise shall where so required, declare that person disqualified from obtaining a licence in Zambia for a stated period;

(b)may where so permitted by the Second Schedule, and shall where so required by the said Schedule, order that particulars of the conviction and of any Suspension or cancellation of his driving licence and any disqualification to which such person has become subject shall be endorsed on the licence or its equivalent held by such person;

(c)may in all cases where a licence is suspended or cancelled order that the person convicted be disqualified from holding or obtaining a licence in Zambia unless and until he has, since the date of such order, passed a driving test:

Provided that if the court thinks fit, any suspension of a licence or disqualification imposed under this section may be limited to the driving of a motor vehicle of the same class as the vehicle in relation to which the offence was committed.

(2)Any court, hereinafter called the convicting court, making an order under the provisions of subsection (1) shall cause a copy of such order to be sent to the Commissioner

(3)Where the convicting court or any other court varies an order made under the provisions of subsection (1), the convicting court shall cause the Commissioner to be notified of such variation.

(4)Where the Commissioner receives a copy of an order or is notified of a variation of an order, under the provisions of this section, he shall cause such order or variation to be noted in such manner as may be prescribed.[As amended by No. 17 of 1961]

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—

(a)if the offender is at the time the holder of a licence or its equivalent he shall, if so required by the court, produce the licence or its equivalent within five days or such longer time as the court may determine for the purpose of endorsement;

(b)if the offender is not then the holder of a licence but subsequently obtains a licence he shall, within five days after so obtaining the licence, produce it to the court for the purpose of endorsement;

(c)if the offender fails to produce the licence or its equivalent to the court for the purpose of endorsement within such time as aforesaid, he shall be guilty of an offence under this Act;

(d)if the licence or its equivalent is not produced for the purpose of endorsement within such time as aforesaid, it shall be suspended from the expiration of such time until it is produced for the purpose of endorsement.

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

(1)Any person whose driving licence is by virtue of a conviction or order suspended or who is by virtue of a conviction or order disqualified from holding or obtaining a driving licence may apply to the court before which he was convicted or by which the order was made to cancel the suspension or remove the disqualification:Provided that no such application shall be made before the expiration of whichever is relevant of the following periods from the date of the conviction or order by virtue of which the suspension or disqualification was imposed, that is to say:

(a)six months, if the disqualification or suspension is less than a year;

(b)one-half of the period of the disqualification or suspension if it is for less than six years, but not less than a year;

(c)three years in any other case.

Notwithstanding paragraphs (a), (b) and (c) of this proviso, if, in the opinion of a magistrate, circumstances are such as to justify the removal of the suspension or disqualification of a driving licence in a lesser period, the magistrate may direct accordingly.

(2)In determining the expiration of the period for which a licence is suspended or a person is disqualified by virtue of a conviction or by an order made in consequence of such a conviction or after which, under the provisions of this section, a person may apply for the cancellation of such suspension or for the removal of such disqualification, any time after the conviction during which the suspension or disqualification was suspended or his licence was not suspended or he was not disqualified shall be disregarded.

(3)Upon any such application a court may if it thinks proper, having regard to the character of the person whose licence is suspended or who is disqualified and his conduct subsequent to the conviction or order, the nature of the offence and any other circumstances of the case, either by order remove the suspension or disqualification as from such date as may be specified in the order, or refuse the application:Provided that where an application under this section is refused, a further application thereunder shall not be entertained if made within three months after the date of the refusal.

(4)If the court orders a suspension to be cancelled or a disqualification to be removed, the court shall cause particulars of the order to be endorsed on the licence or its equivalent, if any, previously held by the applicant, and the court shall, in any case, have power to order the applicant to pay the whole or any part of the cost of the application.

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 cost

Part IX – Compulsory third party insurance

133. Users of motor vehicles to be insured against third party risks

(1)It shall not be lawful for any person to use or cause or permit any other person to use a motor vehicle or trailer on a road unless there is in force in relation to the use of such vehicle or trailer by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part:Provided that this section shall not apply to a motor vehicle or trailer owned by the Government.

(2)Any person who contravenes the provisions of this section 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 or to imprisonment for a period not exceeding one year, and in the case of a second or subsequent offence, to a fine not exceeding seven thousand five hundred penalty units or to such imprisonment as aforesaid, or to both such fine and imprisonment.[As amended by G.N. No. 293 of 1964, S.I. No. 122 of 1965 and No. 13 of 1994]

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—

(a)is issued by a person who is approved by the Minister as an insurer for the purposes of this Part; and

(b)insures such person, persons or classes of person as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of, or bodily injury to, any person caused by, or arising out of the use of the motor vehicle or trailer on a road to an amount of at least—

(A)fifteen thousand fee units in respect of any one person killed or injured; and

(B)sixty thousand fee units in respect of any one accident or series of accidents due to or arising out of the occurrence of any one event:

Provided that any policy in terms of this section shall not be required to cover—

(i)any liability in respect of the death of, or bodily injury to, a person in the employ of any person insured by the policy, if such death or bodily injury arises out of and in the course of his employment; or

(ii)except in the case of a motor vehicle or trailer in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, liability in respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the vehicle or trailer at the time of the occurrence of the event out of which the claims arise; or

(iii)any contractual liability.

[As amended by Act No. 13 of 1994]

136. Requirements in respect of securities

(1)In order to comply with the requirements of this Part, a security must—

(a)consist of an undertaking by the giver of the security to make good, subject to any conditions specified therein, and up to an amount approved by the Minister, any failure by the owner of the motor vehicle or trailer or such other persons or classes of persons as may be specified in the security duly to discharge any such liability as is required to be covered by a policy of insurance under the last preceding section, which may be incurred by him or them; and

(b)be approved by the Minister and deposited with him.

(2)Whenever such a security is approved by the Minister and deposited with him, the Minister shall give to the owner of the motor vehicle or trailer concerned a certificate (hereinafter called a certificate of security) in the prescribed form and containing such particulars of any conditions subject to which the security is given as may be prescribed.

(3)References in the remainder of this Part to a policy, an insurer or an insured shall be deemed to include references to a security, a giver of a security or a person secured, as the case may be.

137. Right of injured party to proceed against insurer

(1)Any person having a claim against a person insured in respect of any liability in regard to which a policy of insurance has been issued for the purposes of this Part shall be entitled in his own name to recover directly from the insurer any amount, not exceeding the amount covered by the policy, for which the person insured is liable to the said person having the claim:Provided that—

(i)the rights of any such person claiming directly against the insurer shall, except as provided in subsection (2), be not greater than the rights of the person insured against such insurer;

(ii)the right to recover directly from the insurer shall terminate upon the expiration of a period of two years from the date upon which the claimant's cause of action against the person insured arose;

(iii)the expiration of such period as is mentioned in proviso (ii) shall not affect the validity of any legal proceedings commenced during such period for the purpose of enforcing a right given under this section.

(2)In respect of the claim of any such person claiming directly against the insurer, any condition in a policy purporting to restrict the insurance of the person insured thereby shall be of no effect:Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of the operation of this subsection shall be recoverable by the insurer from that person.

138. Certain conditions in policy to be of no effect

(1)Any condition in a policy given under this Part providing that, in the event of some specified thing being done or omitted to be done no liability shall arise under the contract, or that in any such event any liability so arising shall cease, shall be of no effect in connection with any claim in respect of which the policy holder is required to be insured by virtue of the provisions of this Part:Provided that nothing in this section shall be taken to render void any provision in a policy requiring the person insured to repay to the insurer any sums which the latter may have become liable to pay under the policy or under the provisions of section one hundred and thirty-seven and which have been applied to the satisfaction of the claims of third parties.

(2)A person issuing a policy of insurance for the purposes of this Part shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons.

(3)In this section, and in section one hundred and thirty-seven, "person insured" includes any person whom a person issuing a policy of insurance for the purposes of this Part is liable to indemnify by virtue of subsection (2).[As amended by No. 19 of 1966]

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

(1)Any person driving a motor vehicle on a road, or any person whom a police officer has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a road, or any person whom a police officer has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle on a road, shall, on being so required by a police officer, give his name and address and the name and address of the owner of the vehicle and shall produce his certificate of insurance and if he fails to do so he shall be guilty of an offence:Provided that if the driver of a motor vehicle within seven days after the date on which the production of his certificate was so required, or within such greater period as the police officer requiring him to produce his certificate may specify, produces or otherwise furnishes the certificate at such police station as may have been specified by him at the time its production was required, he shall not be convicted of an offence under this subsection by reason only of failure to produce his certificate to the police officer.

(2)If in any case where, owing to the presence of a motor vehicle or trailer on a road, an accident occurs involving personal injury to another person, the driver of the vehicle does not at the time produce his certificate to a police officer or to some person who, having reasonable grounds for so doing, has required its production, the driver shall as soon as possible, and in any case within twenty-four hours of the occurrence of the accident, report the accident at a police station or to a police officer and thereupon produce his certificate, and if he fails to do so, he shall be guilty of an offence:Provided that a person shall not be convicted of an offence under this subsection by reason only of failure to produce his certificate if, within seven days after the occurrence of the accident or within such greater period as the police officer to whom he reported the accident may specify, he produces or otherwise furnishes the certificate at such police station as may have been specified by him at the time the accident was reported.

(3)It shall be the duty of the owner of a motor vehicle to give such information as he may be required by or on behalf of the Commissioner of Police to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section one hundred and thirty-three on any occasion when the driver was required under this section to produce his certificate, and if the owner fails to do so he shall be guilty of an offence.

(4)In this section, the expression "produce his certificate" means produce for examination the relevant certificate of insurance or certificate of security or such other evidence that the vehicle was or was not being driven in contravention of section one hundred and thirty-three as may be prescribed.

(5)In the case of motor vehicles or trailers that are subject to Part XI, a road traffic inspector may exercise all the powers conferred upon a police officer by this section.[As amended by No. 17 of 1961 and No. 25 of 1963]

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—

(a)a certificate issued by an approved insurer in the prescribed form which states that a policy of insurance complying with the requirements of this Part will be in force in respect of the use of such vehicle or trailer on the date upon which the licence or transfer applied for is to come into force and for the period for which the licence is to be issued or remain in force; or

(b)a certificate of security in respect of the use of such vehicle or trailer which will be in force on the date upon which the licence or transfer applied for is to come into force and for the period for which the licence is to be issued or remain in force.

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

(1)There shall be established a Road Transport Panel which shall consist of such persons as may be appointed thereto by the Minister, and any person so appointed shall remain on the Panel for such period as the Minister shall, either generally or in any particular appointment, specify.

(2)If any person who has been appointed to the Panel acquires any financial interest in the motor trade or in any transport undertaking which carries passengers or goods for hire or reward within Zambia he shall, within four weeks after so doing, give notice thereof in writing to the Minister specifying the interest so acquired, and the Minister after taking the matter into consideration may, if he thinks fit, require such person to resign from the Panel.[As amended by S.I. No. 122 of 1965]

148. Public sittings

(1)Subject to the provisions of sections one hundred and fifty-five and one hundred and fifty-six, the Commissioner shall, for the purpose of hearing and determining applications for the grant of road service licences or the variation of terms or conditions of such licences, and may for other purposes, hold public sittings at such places within Zambia and at such times as appear to the Commissioner to be required, having regard to the purposes of this Part and the interests of the parties concerned:Provided that the Commissioner may, on giving at least fourteen days' notice in the Gazette of the intention so to do, vary a road service licence without holding a public sitting if he is of the opinion that, having regard to the trivial character of the variation, it is not necessary to hold a public sitting.

(2)At any public sitting the Commissioner shall sit with two assessors who shall be chosen by the Commissioner from the Panel as advisers.[As amended by No. 50 of 1970]

149. Use of vehicles as public service vehicles for carriage of goods

(1)No person shall use or cause or permit to be used on a road any vehicle as a public service vehicle for the carriage of goods unless there is in force in relation to such vehicle a road service licence authorising such use.

(2)Any person who contravenes any of the provisions of this section 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 No. 19 of 1966, and Act No. 13 of 1994]

150. Vehicles standing or plying for hire or used for carriage of persons for reward

(1)Subject to the provisions of Part XII, no person shall use or cause or permit to be used any vehicle for the purpose of standing or plying for hire or as a public service vehicle for the carriage of persons unless there is in force in relation to such vehicle a road service licence authorising such use.

(2)Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be 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 of not less than thirty thousand penalty units and not exceeding seven thousand five hundred penalty units.

(3)Where a person is charged with using a vehicle in contravention of the provisions of subsection (1) and it is proved that a police officer or road traffic inspector observed such vehicle on two or more occasions in such circumstances as to cause him reasonably to suspect that such vehicle was being used for the purpose of standing or plying for hire or as a public service vehicle for the carriage of persons, it shall be presumed, unless the contrary is proved, that such vehicle was used for such purpose or as a public service vehicle for the carriage of persons, as the case may be.

(4)Where any person is convicted of an offence under subsection (2) and the court is satisfied that such person has been previously convicted under that subsection within the twelve months immediately preceding the date on which such offence was committed, the court shall order—

(a)the cancellation by a licensing officer of the licence issued under the provisions of Part VI in respect of the vehicle used for the purpose of standing or plying for hire or as a public service vehicle for the carriage of persons, as the case may be; and

(b)that for such period, being not less than six months and not exceeding twelve months, as the court may direct, such vehicle may not be licensed by any person.

(5)Where a court has made an order under subsection (4) that for a specified period a vehicle may not be licensed, any person who uses such vehicle on a road during such period and while such order is in force shall be guilty of an offence and liable upon conviction to a fine not exceeding seven thousand five hundred penalty units.

(6)Any court which has made an order under subsection (4) that for a specified period a vehicle may not be licensed may, on the application of the owner for the time being of such vehicle, revoke such order at any time after it has been made.

(7)Nothing in this section shall be so construed as to prohibit the sharing of expenses of a journey by a passenger with the owner or driver of a motor vehicle other than a goods vehicle.

(8)

(a)Taxicabs shall operate only from taxi-ranks prescribed by municipal, township or rural councils.

(b)Taxicabs without metres shall operate only along prescribed routes which shall be endorsed on their operating licences at the time of issue by the Commissioner.

[As amended by Acts No. 19 of 1966, No. 35 of 1974 and No. 13 of 1994]

150A. Prohibition of the use of station wagons as taxicabs, etc.

(1)Notwithstanding anything in this Part contained, no road service licence shall be granted for authorising the use of any station wagon vehicle as a taxicab or public service vehicle for the carriage of persons, and all such road service licences in force immediately before the 30th June, 1973, shall be deemed to have been cancelled on that date:Provided that no person shall be deemed to be guilty of an offence under section one hundred and fifty, by reason only that on or after the 30th June, 1973, but before the publication of the Roads and Road Traffic (Amendment) (No. 2) Act, 1973, he used or caused or permitted to be used for the purpose of standing or plying for hire as a public service vehicle for the carriage of persons any vehicle in respect of which road licence has been cancelled by this subsection.[Act No. 33 of 1973]

(2)The Government or any public officer shall not be held liable for anything done or any action taken on or after the 30th June, 1973, to prohibit or restrict the use of any vehicle which is a station wagon as a taxicab or a public service vehicle for the carriage of persons.[As amended by Act 33 of 1973]

151. Terms, etc., of road service licences to be observed

(1)Subject to the provisions of Part XII, no person shall use or cause or permit to be used on a road any public service vehicle save in accordance with the terms and conditions of a road service licence authorising such use of the vehicle concerned:Provided that any person holding more than one road service licence authorising him to carry goods may, subject to the conditions of any permit granted under section two hundred and forty-five in respect of any vehicle authorised under any of those licences, use any such vehicle on any route or in any area specified in any of those licences so long as neither the maximum number of vehicles, which he is by that licence authorised to use, nor the maximum aggregate weight, which he is so authorised to carry, is exceeded.

(2)Any person who contravenes the provisions of this section 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.[No. 19 of 1966 and Act No. 13 of 1994]

152. By whom road service licence to be held, etc.

(1)The person required to hold a road service licence in respect of a public service vehicle shall be—

(a)if the vehicle is on hire to another person for a purpose other than the conveyance by that other person of passengers or goods for hire or reward, the person in whose name the vehicle is registered;

(b)in any other case, the person using the vehicle.

(2)Save as hereinafter provided, a road service licence shall not be capable of being transferred or assigned:Provided that the Minister may by regulation provide for enabling a person taking over the business of the holder of a road service licence to continue for such time as may be specified to use the vehicles authorised in such licence in the event of the death, incapacity, bankruptcy or liquidation of the holder, or of the appointment of a receiver or manager in relation to the business.[No. 19 of 1966]

153. Notice to be given to Commissioner of alteration to vehicles

(1)It shall be the duty of the holder of a road service licence, on any material alteration other than by way of replacement of parts being made in the structure or fixed equipment of any authorised vehicle specified in the licence, forthwith to give notice of such alteration to the Commissioner.

(2)If any person fails to comply with the provisions of this section, he shall be guilty of an offence.

154. Authorised vehicles not to be changed without permission except in emergency

(1)Notwithstanding any other provision contained in this Part, in the event of breakdown or other unforeseeable emergency, the holder of a road service licence may temporarily substitute another vehicle for an authorised vehicle:Provided that—

(i)he is unable in any other way to provide the service authorised in his road service licence;

(ii)within twenty-four hours of making such substitution, such holder shall notify the Commissioner of such substitution, and no vehicle so substituted shall be used in place of an authorised vehicle for a period greater than seven days without the consent of the Commissioner.

(2)Any person who fails to comply with the provisions of this section shall be guilty of an offence.

155. Road service licences

(1)Subject to the provisions of this section, the Commissioner may grant to any citizen of Zambia applying therefor a road service licence which shall be in the prescribed form authorising the holder to provide such road service as may be specified therein, and the Commissioner may vary the provisions of a road service licence either on application of the holder thereof or of any person of a class of objector mentioned in subsection (5), or on his own motion:Provided that the Commissioner may, subject to the specific or general approval of the Minister, grant a road service licence to, or vary the provisions of a road service licence held by, a person who is not a citizen of Zambia if the Commissioner considers that such a grant or variation is in the interest of the Republic of Zambia.

(2)In this section, "citizen of Zambia" means—

(a)in relation to an individual, an individual who is a citizen of Zambia;

(b)in relation to a partnership, a partnership which is composed exclusively of persons who are citizens of Zambia;

(c)in relation to a body corporate, a body corporate which is incorporated under the laws of Zambia and—

(i)is certified under the hand of the Minister to be controlled by the State; or

(ii)

(A)not less than seventy-five per centum of whose membership is exclusively composed of persons who are citizens of Zambia; and

(B)whose directors are exclusively citizens of Zambia; and

(C)which is not controlled by any means, directly or indirectly, outside Zambia or by persons who are not exclusively citizens of Zambia or who are associated in the capital structure thereof with persons who are not exclusively citizens of Zambia.

(3)For the purpose of subsection (2), persons shall be deemed to control a body corporate notwithstanding that other persons are associated with them in the control thereof, if they can override those other persons.

(4)The Commissioner shall not grant or vary a road service licence in respect of any route if it appears to him from any particulars furnished in pursuance of subsection (7) that the provisions of this Act or of the regulations relating to the speed of motor vehicles are likely to be contravened.

(5)In exercising his discretion to grant or refuse or vary a road service licence in respect of any route or area, the Commissioner shall have regard to the following matters:

(a)that the applicant is a citizen of Zambia;

(b)the suitability of the routes on which a service may be provided under the licence;

(c)the extent to which any route or area in respect of which the application is made is already served by rail, road or other form of transport;

(d)the extent to which rail or road transport might be adversely affected and any representations which may be made in that behalf;

(e)the extent to which the proposed service is necessary or desirable in the public interest, including the provision of adequate, suitable and efficient services and the elimination of unnecessary and uneconomic services;

(f)the needs of Zambia as a whole in relation to traffic and the co-ordination of all forms of transport;

(g)the payment of reasonable wages and observance of proper conditions of service in respect of the drivers and conductors of the applicant;

(h)the reliability and financial stability of the applicant;

(i)facilities at the disposal of the applicant for carrying out vehicle maintenance and mechanical repairs;

(j)any previous convictions of the applicant for any offence against the provisions of this Act;

(k)the number of vehicles possessed by the applicant in relation to the demands of the service for which a licence is sought;

(l)whether the applicant's main source of livelihood is or is intended to be derived from the business of operating public service vehicles;

(m)in the case of a person who holds or has held a road service licence, the manner in which he has operated the service or services authorised by such licence;

and shall take into consideration any objections or other representations which may be made by persons who are already providing transport facilities, whether by means of road transport or any other kind of transport, along or near to the routes or in the area in respect of which the application is made or any part thereof, or by any local authority in whose area such services or any part thereof are to be provided, or by any member of the public within the area in respect of which the application is made or any part thereof. The onus of proof that there are grounds for any objection shall lie on the objector. To enable such objections or representations to be made, the Commissioner shall, if the particulars required under subsection (7) have been supplied and the application is otherwise in order, cause a notice of the application to be published in the Gazette and in such other manner, if any, as may be prescribed by regulations, or in the absence of such regulations as the Commissioner may think fit, at least forty days before the public sitting at which the application is heard. Notice of objections or other representations from persons already providing transport facilities along or near to the routes or in the area in respect of which the application is made or any part thereof or from any local authority stating the grounds on which they desire to object or make representations shall be given in writing in accordance with such procedure as may be prescribed:Provided that the Commissioner shall not be required to publish or hear an application—

(i)made by a person who is not a citizen of Zambia, unless the Commissioner otherwise considers that the application might fall within the proviso to subsection (1);

(ii)if the application falls within subsection (18).

(6)The Commissioner may grant a road service licence subject to such conditions as he may think fit and may attach to a road service licence such conditions as he may think fit and may from time to time vary such conditions in such manner as he may think fit. Compliance with the provisions of this Act and of any regulations made thereunder and adherence to the rates and fares fixed and laid down in respect of any service shall be implied conditions of the road service licence under which that service is operated.

(7)

(a)Every person applying for a road service licence, and every holder of such licence applying for a variation thereof, shall submit to the Commissioner—

(i)particulars of the road or roads or area it is proposed to serve;

(ii)particulars of the vehicles to be used;

(iii)the reasons for alleging that existing transport facilities on such road or in such area (including transport by rail or any other means) are inadequate;

(iv)in the case of regular services, the time-tables of the services which it is proposed to provide under the licence;

(v)in any other case, such particulars as to the frequency of the services, the times to be taken, and the vehicles to be used on the journeys included in those services as the Commissioner may require;

(vi)the rate or fare tables of the proposed services;

(vii)particulars of any bankruptcy or of any agreement with creditors entered into by the applicant;

(viii)particulars of any agreement or arrangement affecting in any material respect the provision within Zambia of facilities for the transport of goods or passengers for hire or reward entered into by the applicant with any other person by whom such facilities are provided;

(ix)particulars of any financial interest (whether as a partner or shareholder or as a result of any loan, guarantee or other financial transaction) which any other person providing facilities for the transport of goods or passengers for hire or reward or controlling (either solely or in conjunction with any other person) the business of any person who provides such facilities, has in the business of the applicant, and in the case of an applicant being a company, of any right which any such person as aforesaid has to nominate any director of the company, and any such interest or right which the applicant has in the business of any other person engaged in the operation of public service vehicles within Zambia;

(x)such other information as the Commissioner may require;

and in the case of any material misstatement of any of the above particulars the Commissioner may revoke any road service licence issued or any variation made by him upon the application containing such misstatement.

(b)Where any application made by any person in accordance with paragraph (a) is refused by the Commissioner and within a period of six months from the date of such refusal a further application is made by the same person which, in the opinion of the Commissioner, is substantially the same as the one refused, the Commissioner may in his discretion refuse to entertain such further application until the expiry of such period of six months.

(8)The Commissioner may, either of his own motion or at the request of any person interested or affected, at any time lay down or vary fixed rates and fares for any service on any road or in any area, or may fix or vary the maximum or minimum rates and fares for any service.

(9)The Commissioner on granting, revoking or suspending in whole or in part a road service licence or varying the terms or conditions of such a licence shall publish a notice thereof in the Gazette, and in such other manner, if any, as may be prescribed by regulation or, in the absence of such regulation, as the Commissioner may think fit, but failure to publish such notice shall not operate to invalidate any matter in respect of which such notice ought to have been given.

(10)

(a)A road service licence may be revoked or suspended in whole or in part or its terms or conditions may be varied by the Commissioner on the ground that any condition subject to which the licence or a variation was granted has not been complied with:Provided that the Commissioner shall not revoke, suspend or, in the terms of this subsection, vary such a licence unless owing to the frequency of the breach of conditions on the part of the licence holder or to the breach having been committed wilfully, or to the danger to the public involved in the breach, the Commissioner is satisfied that the licence should be revoked, suspended or varied.

(b)The issue of a road service licence may be withheld or cancelled by the Commissioner if any of the conditions subject to which such licence was granted are not complied with.

(11)Where it comes to the knowledge of the Commissioner that the services specified in any road service licence are not being adequately provided, the Commissioner may revoke or suspend the licence in whole or in part, or vary its terms or conditions, and it shall not be necessary for the Commissioner to decide such cases, or those referred to in subsection (10), at a public sitting unless requested by the holder of the licence so to do:Provided always that in any case in which the Commissioner has been requested to hold a public sitting in accordance with the provisions of this subsection he may, if he thinks it necessary in the public interest or for the safety of the public or any members thereof, declare the licence suspended until a public sitting can be held.

(12)Subject to the provisions of section one hundred and fifty-six, every road service licence shall be granted for a period of not less than one year nor more than five years.

(13)For the issue of every road service licence or duplicate thereof, for every variation of such licence, and for each authorised vehicle specified therein, there shall be paid the prescribed fee.

(14)The Commissioner shall cause to be kept a register of all road service licences granted by him and such register shall be available for public inspection during normal office hours.

(15)The Commissioner shall have power to take evidence on oath and make such other necessary investigations as he may deem fit in assisting him to come to a decision regarding the issue, suspension, cancellation, variation or refusal of a road service licence, or the variation of any conditions attached thereto, and for that purpose the Commissioner shall have power to administer oaths.

(16)

(a)Notwithstanding the provisions of this section and of section one hundred and forty-eight, the Commissioner may, on giving at least fourteen days' notice in the Gazette of the intention so to do without holding a public sitting, grant to any person applying therefor a road service licence to provide a rural feeder service after having regard only to the matters contained in paragraphs (b), (e), (g) and (j) of subsection (5), and to any objections or representations made by any person in respect thereof.

(b)For the purposes of this section, a rural feeder service shall mean a service for conveying goods for hire or reward in areas or on roads that are declared by the Commissioner to be primarily rural in character, subject to the following conditions:

(i)that on a rural feeder service no goods shall be taken up at any point on any specified route or in any specified area and on the same journey be set down at any other point on any specified route or in any specified area;

(ii)that no rural feeder service shall be authorised to operate on a specified route or in a specified area beyond the nearest point on that route or in that area at which such service can reasonably terminate.

(c)For the purposes of this section, specified routes and specified areas shall be those notified by the Minister from time to time in the Gazette.

(17)Notwithstanding the provisions of subsection (5), the Commissioner may grant road service licences for the operation of taxicabs in any place or area, not exceeding such number of taxicabs (hereinafter in this section referred to as "the quota") as the Minister may, by Gazette notice, from time to time specify in respect of such place or area, and the provisions of paragraphs (c), (d), (e) and (f) of subsection (5) shall not apply to any application for any such licence.

(18)Where the quota in respect of any place or area has been met, the Commissioner may refuse to publish any application for a road service licence in respect of such place or area:Provided that the Commissioner shall keep a register of unpublished applications and shall, when the number of taxicabs falls below the quota in any place or area, publish the applications relating to that place or area in the date order in which they were received by him, to such number as he may consider necessary to meet the quota.

(19)Any road service licence—

(a)issued in contravention of subsection (1) to a person who is not a citizen of Zambia shall be void; or

(b)issued to a person who or which, by reason of any event, ceases to be a citizen of Zambia during the period of validity of such licence, shall, upon the happening of such event, expire; or

(c)may be revoked by the Minister, by statutory order, if it is issued to a body corporate or to a partnership of which a partner is a body corporate and the Minister is satisfied, after such inquiry as he may make or cause to be made with respect to such first mentioned body corporate or partnership, that it is not a citizen of Zambia:

Provided that nothing in paragraph (a), (b) or (c) shall apply to a road service licence issued by the Commissioner by virtue of his powers under the proviso to subsection (1).

(20)Any person who knowingly—

(a)gives any false information to the Commissioner in connection with an application for a road service licence; or

(b)makes a false entry in the prescribed form in respect of an application for a road service licence;

shall be guilty of an offence and shall be liable on conviction—

(i)in the case of a first offence, to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding twelve months;

(ii)in the case of a second or subsequent conviction, to a fine not exceeding seven thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding three years.

(21)Where, in a prosecution for an offence under this section, it is relevant to prove that a person is not a citizen of Zambia, it shall be presumed that such person is not a citizen of Zambia until the contrary is proved.[No. 50 of 1970 and No. 13 of 1994]

156. Short-term licences

(1)Upon payment of the prescribed fee, the Commissioner may, if the Commissioner is satisfied in the particular circumstances that the needs of those concerned cannot reasonably be met from other sources or that it is desirable in the public interest, issue to any person applying therefor in the form and manner prescribed a short-term road service licence for any period not exceeding three months enabling public service vehicles to be used temporarily—

(a)for the purpose of a seasonal business;

(b)for the purpose of the execution of a particular piece of work; or

(c)for any other purpose of limited duration.

Such short-term licences may be issued without the necessity for the Commissioner to hold a public sitting.

(2)In granting short-term road service licences under this section, the Commissioner may exercise all the powers conferred upon him by subsections (6) and (8) of section one hundred and fifty-five.[As amended by No. 25 of 1963]

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

(1)The Minister shall appoint a Road Service Appeal Tribunal consisting of a chairman, who shall be a barrister or solicitor entitled to practise in Zambia or a person who holds or has held judicial office, and two other members for the purpose of hearing and determining appeals under this Part and Part XII.

(2)The Minister may appoint a secretary to the Tribunal.

(3)Any person who—

(a)being an applicant for the grant or variation of any licence which may be issued under this Part, is aggrieved by the decision of the Commissioner on the application, or by any condition subject to which the licence was granted or attached to the licence; or

(b)having duly made an objection to or a representation concerning any such application under this Part, is aggrieved by the decision of the Commissioner thereon; or

(c)being the holder of a road service licence, is aggrieved by the revocation or suspension thereof, or by any variation of the conditions attached thereto; or

(d)is aggrieved by any order of the Commissioner made under the provisions of section one hundred and eighty-six, and is a person to whom a concession has been granted under the provisions of section one hundred and seventy-eight, or any person who has made representations or objections in respect of such order; or

(e)is aggrieved by any determination of the Commissioner made under the provisions of subsection (1) of section one hundred and eighty-three; or

(f)is aggrieved by any modification by the Commissioner made under proviso (i) to subsection (1) of section one hundred and eighty-one modifying the conditions or time-table of a road service licence held by an existing operator;

may appeal to the Tribunal within thirty days of the decision appealed against.

(4)The Tribunal may, by notice in writing, require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence, or to produce any documents in his possession or power which relate to any matter in question on an appeal under this section, and if any person without reasonable excuse fails to comply with any of the provisions of such notice he shall be guilty of an offence.

(5)The Tribunal shall hear and determine the matter of the appeal, and may make such order therein in addition to or substitution for the matter appealed against as it thinks fit, and any such order shall be binding on the Commissioner.

(6)The Tribunal—

(a)shall have power to take evidence on oath and make such other investigations as it may deem fit in assisting it to come to a decision regarding any matter before it, and for that purpose the chairman shall have the power to administer oaths;

(b)may award to any party to an appeal such costs as the Tribunal considers reasonable, and direct how and by what parties they are to be paid:Provided that the Commissioner shall not be directed to pay any such costs.

(7)Any of the persons mentioned in subsection (3) who is dissatisfied with the decision of the Tribunal may appeal to the High Court on any question of law but not on a question of fact. Notice of such appeal shall be given to the High Court within thirty days of the decision of the Tribunal appealed against.[As amended by No. 25 of 1963 and No. 19 of 1966]

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

(1)It shall be the duty of any person carrying on the business of operating public service vehicles to keep such accounts and records in relation thereto and to make such financial and statistical returns to such persons and in such manner and at such times as may be prescribed:Provided that the Commissioner may, subject to such conditions, if any, as he thinks fit to impose, authorise the submission of financial and statistical returns in a manner and at times other than as may be prescribed.

(2)The owner of a public service vehicle shall at the request of the Commissioner produce for inspection all accounts or records kept in accordance with subsection (1).

(3)If any person fails to comply with the provisions of this section he shall be guilty of an offence and liable upon conviction to a fine not exceeding seven hundred and fifty penalty units and, in the case of a continuing offence, to a fine not exceeding one hundred and fifty penalty units for every day during which the offence continues.[As amended by No. 25 of 1963 and Act No. 13 of 1994]

161. Number of passengers: weights of public service vehicles

(1)The gross weight of a public service vehicle, the weight of goods and the maximum number of passengers that may be carried on a public service vehicle shall be determined by a vehicle examiner in the prescribed manner, and, together with such other particulars as may be prescribed, shall be described on the certificate of fitness for the vehicle issued under Part XI and shall be legibly painted in a conspicuous position on the vehicle in such manner as may be prescribed:Provided that, notwithstanding the provisions of this subsection and of any regulations which may be made prescribing the manner in which the number of passengers that may be carried in a public service vehicle shall be determined, the Commissioner may, in his discretion, by Gazette notice, authorise, subject to such conditions as he may specify in such notice, the carriage of standing passengers in such omnibuses or classes of omnibuses as he may so specify.

(2)If there be found in any public service vehicle more passengers than the vehicle is permitted to carry, then the conductor of the vehicle, if any, or, if no conductor is carried, the driver, shall be guilty of an offence and liable upon conviction, to a fine of two hundred penalty units in respect of every passenger carried in excess of the permitted number of passengers.

(3)If any person being requested by the conductor or driver of a public service vehicle not to enter the vehicle enters or attempts to enter the vehicle when it is carrying the full number of passengers which it is permitted to carry, he shall be guilty of an offence.

(4)For the purposes of this section, a child apparently under five years of age and not occupying a seat shall not be counted as a person, and three children apparently over five years of age and under ten years of age shall be counted as two persons.[As amended by No. 38 of 1960, Act No. 35 of 1974 and Act No. 13 of 1994]

162. Touting

(1)No owner, driver, or conductor, or person acting on behalf of the owner, driver or conductor of a public service vehicle authorised to carry passengers shall make any loud noise or sound any instrument in order to attract the attention of the public or of a possible passenger, or by troublesome or frequent demands or by persistent following hold out the vehicle for hire to the public, or attempt to induce any person to become a passenger therein in such manner as to constitute a nuisance, or act in any way so as to cause annoyance or inconvenience to any person.

(2)Any person who shall act in contravention of this section shall be guilty of an offence.

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

(1)Any person who knowingly sells or supplies any intoxicating liquor to any driver of a public service vehicle, or of any other vehicle exceeding 40,000 pounds gross weight including the gross weight of any trailer drawn thereby, while such driver is on duty, and any such driver who buys or consumes intoxicating liquor while he is on duty shall be guilty of an offence, and such person or driver shall upon conviction be liable, 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 six months.

(2)Any person licensed to drive a public service vehicle who, at any time within six hours before the time at which he is due to take charge of a public service vehicle in respect of any journey, by the consumption of intoxicating liquor renders himself incapable of taking proper control of a motor vehicle, shall be guilty of an offence and shall be 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 six 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 one year, or to both.

(3)For the purposes of this section, the driver of a public service vehicle shall be deemed to be on duty during the time when he is in charge of or responsible for the driving of such vehicle in the course of any journey, including the period of any halt during such journey other than a halt overnight.[As amended by Act No. 13 of 1994]

165. Tickets and fares

(1)Any person authorised to receive fares from passengers or intending passengers in public service vehicles other than hire cars or taxicabs shall forthwith issue to each passenger or intending passenger who has paid his fare a ticket showing the amount of such fare and such other particulars as may be prescribed.

(2)Any passenger in a public service vehicle who has paid his fare may, if the vehicle fails to start on its journey from its terminal point within six hours of the time approved in its time-table, or if the operator fails to convey him to his destination within a reasonable time, recover the whole fare paid by him.

(3)Where a fare is recoverable under subsection (2), it shall be the duty of the person who received the fare or the person on whose behalf the fare was received if it has been handed over to him to repay it to the passenger on demand. If any such person fails so to repay the fare a magistrate may on conviction order him to repay the fare, in addition to any other fine to which he may be liable, and the amount of the fare shall then be recoverable as a fine, and imprisonment may be imposed in default of payment.

(4)Nothing in this section shall affect any civil remedy for the recovery of the fare or any part thereof which may be recoverable under this section.

(5)Any person failing to comply with the provisions of this section shall be guilty of an offence.[As amended by No. 38 of 1960, No. 17 of 1961, No. 25 of 1963 and No. 19 of 1966]

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—

(i)no person shall be liable to a penalty for a breach of this section if he proves that he has not had a reasonable opportunity to obtain a certificate of fitness;

(ii)in the case of vehicles or trailers registered and licensed outside Zambia, regulations may be made granting exemption from the provisions of this section.

[As amended by No. 25 of 1963]

168. Form and display of certificate of fitness

(1)A certificate of fitness shall record such matters as are specified in section one hundred and sixty-one and such other matters as may be prescribed, and shall state that the vehicle or trailer in respect of which it is issued is in all respects fit for the purpose for which it is to be used, and that it complies with any conditions as to fitness and construction as may from time to time be prescribed.

(2)A certificate of fitness shall at all times be displayed in a conspicuous place on the vehicle in respect of which it was issued, or in the case of a trailer on the trailer or on the vehicle drawing it at the time.

(3)Any vehicle or trailer to which this Part applies on which no certificate of fitness is displayed in the manner prescribed in subsection (2) may be impounded by any road traffic inspector in uniform or by any police officer.[As amended by Act No. 35 of 1974]

169. Period of validity

A certificate of fitness shall be valid from the date of coming into force of such certificate—

(a)for four months in the case of a public service vehicle, heavy vehicle or heavy trailer used for the carrying of passengers, a contract car and a motor vehicle used for the teaching for gain of driving; and

(b)for twelve months in the case of other public service vehicles, heavy vehicles and heavy trailers.

170. Defects

(1)Where a vehicle examiner on examining a vehicle or trailer under the provisions of this Part finds that the said vehicle or trailer does not comply with the provisions of any law in regard to construction and equipment applicable to such vehicle or trailer, he shall make a full list (hereinafter called a "defects list") of all defects found and shall give the owner of the vehicle or trailer a copy thereof and shall notify him of the date (hereinafter called the "notified date") by which the defects must be remedied and the vehicle or trailer produced for re-examination.

(2)If upon re-examining a vehicle or trailer under the provisions of this section to ascertain whether the defects in a defects list have been remedied, the vehicle examiner finds any further defects he shall require, in the manner set forth in subsection (1), the owner to remedy such defects.

(3)If a vehicle or trailer is not produced for re-examination on the notified date, or if the defects in the defects list have not been remedied on the notified date or if, upon examining a vehicle or trailer under the provisions of this section it is considered necessary in the interests of safety, a vehicle examiner may prohibit the use of such vehicle or trailer or issue such other directions as he may think necessary restricting its use; any such order and any prohibition of the use of a motor vehicle or trailer under paragraph (f) of subsection (1) of section two hundred and twelve may be cancelled or revoked by the vehicle examiner as soon as the defects of such vehicle or trailer have been remedied to such an extent that in his opinion the said vehicle or trailer may safely be used on a road.

(4)If upon examining a vehicle or trailer as aforesaid no defects are found, or if any defects found are remedied to the satisfaction of the vehicle examiner, the examiner shall—

(a)if the examination is for a certificate of fitness, issue such a certificate and cancel any defects list that may have been issued;

(b)if the examination is pursuant to a prohibition made under paragraph (f) of subsection (1) of section two hundred and twelve, cancel any defects list that may have been issued.

(5)In any case where a vehicle examiner prohibits the use of a vehicle or trailer to which this Part applies, he shall take and retain in his possession the certificate of fitness, if any, of the vehicle or trailer concerned until its use on a road is again permitted and thereupon he shall return the said certificate to the owner of the said vehicle or trailer.[No. 25 of 1963]

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

(1)A road traffic inspector shall at any time on production, if so required, of his identity card, be entitled to enter and inspect any vehicle or trailer to which this Part applies, and for that purpose may require any such vehicle or trailer to be stopped and may at any time which is reasonable, having regard to the circumstances of the case, enter any premises upon which he has reason to believe that any such vehicle or trailer is kept.

(2)If, upon inspection made under subsection (1), a road traffic inspector is satisfied that it is necessary to do so, he may order that the vehicle or trailer be taken off the road forthwith or may issue such directions restricting the use of the vehicle or trailer as he may think fit, and the inspector shall notify the Commissioner of any such order or direction.

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—

(a)uses or causes or permits to be used on a road a vehicle or trailer to which this Part applies and for which there is no certificate of fitness in force; or

(b)fails to display on a vehicle or trailer to which this Part applies a certificate of fitness; or

(c)uses or causes or permits to be used on a road any vehicle or trailer while a prohibition imposed under this Part is in force in relation to such vehicle or trailer; or

(d)obstructs any road traffic inspector or vehicle examiner in the course of his duty; or

(e)fails to stop a vehicle or trailer when required by a road traffic inspector so to do under this Part; or

(f)fails to comply with an order or direction given to him by a road traffic inspector or vehicle examiner under this Part;

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.[As amended by No. 25 of 1963 and Act No. 13 of 1994]

Part XII – Exclusive concessions

178. Power to grant concessions

(1)The Minister may, by statutory notice, grant to any person or to any two or more persons jointly an exclusive concession to provide a motor omnibus service along any road or in any area upon such conditions and for such period as shall be specified in the grant and subject to the provisions of this Act:Provided that, where the area of any local authority is included within a concession area, the local authority may at any time after the grant of the concession concerned apply to the Minister for the excision therefrom of an area of not more than twelve miles' radius from the principal post office in the local authority area and for the grant to such local authority of an exclusive concession to provide from its own resources motor omnibus services within such excised area.

(2)Any concession shall be revocable in accordance with any provision as to revocation which may be contained therein.

(3)Where the Minister is satisfied that it is necessary or desirable that a concession be extended and applied to any free road or free area he may, by statutory notice and subject to any provision as to extension which may be contained in the grant, so extend and apply such concession, and reference in this Part to the date of the grant of a concession shall be deemed to mean, in relation to any area or road to which a concession is extended and applied under the provisions of this subsection, the date upon which the concession was so extended and applied.

(4)The provisions of sections one hundred and fifty, one hundred and fifty-one, one hundred and fifty-four, one hundred and fifty-five, one hundred and fifty-six and one hundred and fifty-seven shall not apply to any service or vehicle from time to time provided or used under or by virtue of a concession.[As amended by G.N. No. 275 of 1964 and No. 19 of 1966]

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—

(i)the concession holder may with the consent of the Commissioner commence to operate a service notwithstanding that the concession holder shall not, in respect of that service, have complied or fully complied with the foregoing provisions of this section; and

(ii)the concession holder shall not be required to notify the Commissioner of any temporary alteration in the route or time-table of any service made by the concession holder at times of race meetings, public gatherings or the like special occasions or to facilitate the carrying out of road repairs or in consequence of any accident or any cause beyond the control of the concession holder.

180. Restrictions on other operators

(1)Subject to the provisions of this Part, no person other than the concession holder shall, during the continuance in force of a concession, use any motor omnibus on any concession road or in any concession area without the prior consent of the concession holder, and no road service licence shall, during the continuance in force of a concession, be granted to any person to provide a motor omnibus service on any concession road or in any concession area without the like consent:Provided that—

(i)if the Minister, after considering any representations made by the concession holder and the duties of the concession holder under this Act and the concession, declares that the consent of the concession holder is in any particular case unreasonably withheld, his consent shall not in that case be necessary;

(ii)in respect of any concession road, the Commissioner may issue to any person, other than the concession holder, road service licences for the provision of motor omnibus services by such number of motor omnibuses not exceeding in the aggregate one motor omnibus for every nine used by the concession holder upon such concession road as the Commissioner may think fit, and any motor omnibuses used upon such concession road by an existing operator shall be included in computing the said aggregate.

(2)The provisions of paragraphs (c), (d), (e) and (f) of subsection (5) of section one hundred and fifty-five shall not apply to an application for a licence to be granted under the powers conferred upon the Commissioner by proviso (ii) to subsection (1).

(3)Notwithstanding the provisions of subsection (1), a road service licence may be granted to any person in respect of a special tour or journey for bona fide tourist or sporting facilities and the provisions of the said subsection shall not apply to any motor omnibus whilst it is being used on such special tour or journey:Provided that where any such special tour or journey originates within a concession area or on any concession road the concession holder or his nominee shall, if he is in possession of a road service licence to operate such tour or journey on any free road or in any free area which may be included in the itinerary of such tour or journey, have the exclusive right to provide such special tour or journey unless the Commissioner is satisfied that the fares proposed to be charged by the concession holder in respect of such special tour or journey are unreasonable or that the concession holder is unable or unwilling to provide such special tour or journey and, in any such case, the Commissioner may issue a short-term road service licence to any other person in respect of such special tour or journey.[As amended by G.N. No. 275 of 1964]

181. Saving for existing operators

(1)Notwithstanding the provisions of section one hundred and eighty, any existing operator may, so long as he is authorised by a road service licence so to do, continue to provide any motor omnibus service, in accordance with the conditions of his road service licence and time-tables in force at the date of the grant of the concession concerned, which he was licensed to provide on any concession road or in any concession area at the said date:Provided that—

(i)the Commissioner may from time to time modify such conditions and time-table, so however that the rights of the existing operator at the said date are not diminished thereby;

(ii)except as provided by section one hundred and eighty, an existing operator shall not, without the approval of the Commissioner and the prior consent of the concession holder concerned, at any time use a greater number of motor omnibuses upon such service than he was authorised to use under any road service licence in force at the said date, or if such road service licence does not specify a number of vehicles, then such number as he was using thereon at any time during the twelve months ending on such date.

(2)Notwithstanding any provision of this Act to the contrary, upon the death of an existing operator his personal representatives may, for a period of six months from the date of the death, continue to provide the motor omnibus services which such existing operator was entitled under the provisions of this section to provide immediately before his death, and at any time during the said period the Minister may direct that the rights of such existing operator under this section shall devolve upon any person who by virtue of the will or the intestacy of the deceased operator is entitled to succeed to his undertaking, and thereupon such person shall be deemed for all the purposes of this Part to be an existing operator with the rights to which the deceased operator was entitled at the date of his death.

(3)If, at the date of the expiration of any road service licence held by an existing operator in respect of a motor omnibus service on any concession road or in any concession area, proceedings are pending before the Commissioner on an application by the existing operator holding that licence for the grant to him of a new licence in substitution for the existing licence, the Commissioner may, notwithstanding the provisions of section one hundred and eighty, grant to such existing operator a road service licence in replacement of the licence which has so expired, and the provisions of subsection (1) shall apply mutatis mutandis to the road service licence so granted.

(4)The provisions of paragraphs (c), (d), (e) and (f) of subsection (5) of section one hundred and fifty-five shall not apply to an application for a licence to be granted under the provisions of subsection (3).

(5)Where for the purposes of this section or of section one hundred and eighty a concession holder is empowered to give any consent, such consent may be given absolutely or for a limited period only.

(6)If any area is excised from any concession (in this subsection referred to as "the existing concession") and a concession (in this subsection referred to as "the new concession") in respect of the whole or any part of the excised area is granted to a local authority, the holder of the existing concession shall—

(a)continue to be entitled under the existing concession to operate services of motor omnibuses along any route through or into the excised area provided that no passenger on any such service shall, without the consent of the holder of the new concession, be taken up at any place within the excised area and on the same journey set down at any other place in that area; and

(b)for the purposes of this section, be deemed to be authorised by a road service licence granted for a period of one year from the date of the grant of the new concession to provide any motor omnibus service which he was at that date providing along any route wholly within the excised area in accordance with the conditions and time-tables subject to which the service was provided immediately before that date or, if different conditions or time-tables applied during different periods in the twelve months preceding that date, then in accordance with the conditions or time-tables applicable during the corresponding period in those twelve months.

[As amended by No. 17 of 1961 and G.N. No. 275 of 1964]

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

(1)Where a road service licence is or has been granted authorising a motor omnibus service to provide for the needs of any free road or free area, nothing in this Act contained shall make it unlawful for the holder of such licence to use motor omnibuses for the purposes of such service over so much of any concession road or concession area as the Commissioner may determine to be necessary to enable such service—

(a)to reach any other part of the said free road or free area; or

(b)to reach the nearest convenient point at which connection can be made with any other motor omnibus service.

(2)No passenger on such service shall be taken up at any point on any concession road or in any concession area and issued with a ticket with the intention that on the same journey he should be set down at any other point on any road or in any area to which the same concession applies, and any person who contravenes the provisions of this subsection shall be guilty of an offence and on conviction for such offence the Commissioner may revoke the determination or the road service licence appertaining to such service.[As amended by No. 17 of 1961]

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

(1)If it shall appear to the Commissioner from any information given to him by a concession holder under the provisions of section one hundred and seventy-nine or from any representations made to him by any person that—

(a)the concession holder has without reasonable cause failed to provide along any concession road or in any concession area such service of motor omnibuses as it is his duty under section one hundred and eighty-four and his concession to provide;

(b)any of the fares charged or proposed to be charged for the carriage of passengers on any service provided or proposed to be provided under or by virtue of any concession is unreasonable;

(c)any road upon which the concession holder is providing or proposing to provide a service under or by virtue of the concession is not suitable for that service or is suitable for that service only subject to conditions as to the type of vehicle used or to be used on that service;

(d)the frequency of any such service is excessive or insufficient having regard to the needs of the route along which the service is or is to be provided and to any other service for the time being provided by the concession holder or by an existing operator along that route or any part thereof;

(e)for the convenience of the public the time-table of any such service requires modification; or

(f)on any such service passengers should not be taken up or set down except at specified points or should not be taken up or set down between specified points;

then, subject to the provisions hereinafter contained, the Commissioner may make any such order as he may consider necessary to secure that the service or proposed service will adequately and efficiently but, having regard to all the duties of the concession holder under the concession, without wasteful or unjustifiable expense, meet the needs of the route along which it is or is proposed to be operated.

(2)Any order made by the Commissioner under subsection (1) may be amended, altered or revoked by any order subsequently so made.

(3)Before making any order under this section, the Commissioner shall give to the concession holder and to any person who has made representations to the Commissioner relating to the subject-matter of the proposed order notice in writing of his intention to consider the making of such an order together with a draft of the proposed order, and shall afford such concession holder or person such opportunity of making representations or objections in respect of the proposed order and submitting evidence, whether orally or in writing, in support of such representations or objections as the concession holder or such person may reasonably require.

(4)If after hearing and considering any objections or representations made and any evidence given in support of such objections or representations, the Commissioner is satisfied that the order proposed to be made is necessary, whether with or without modification, for any of the purposes mentioned in subsection (1), the Commissioner shall make the order subject to such modifications, if any, as he may consider necessary for that purpose and shall forthwith give notice of the making of the order to the concession holder concerned.

(5)Any order made by the Commissioner under this section shall not, without the consent of the concession holder, come into force until the expiration of the time prescribed for appealing therefrom and, if an appeal is lodged, until such appeal is withdrawn or disposed of.

(6)If any concession holder contravenes or fails to comply with the provisions of any order in force under or by virtue of this section he shall be guilty of an offence against this Act and, in the case of a conviction for failing to comply with an order made pursuant to representations under paragraph (a) of subsection (1), the route or area concerned may be excised from the concession concerned by order of the Commissioner:Provided that no such order of excision shall be of any effect unless and until it shall have been confirmed by the Minister.[As amended by G.N. No. 275 of 1964]

187. Saving for mails, parcels and luggage

(1)Notwithstanding any other provision of this Act, a concession holder may, without obtaining a road service licence in respect thereof, carry in, on or about any motor omnibus used on services provided under or by virtue of his concession and in any trailer attached to such motor omnibus, mails, parcels, and passengers' luggage, effects and bicycles.

(2)Nothing in this section shall be construed as authorising a concession holder to carry goods other than those mentioned in subsection (1), except under the provisions of a valid road service licence.

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

(1)The President at any time of emergency and when it is necessary in the public interest may, by written notice addressed to the registered office of a concession holder, require such concession holder to place at the disposal of the Government the entire fleet of omnibuses, or any specified part thereof belonging to the concession holder together with the whole or any specified part thereof of the staff, plant, workshops and depots of the concession holder, and such fleet, staff, plant, workshops and depots or any part thereof may be retained by the Government for the public service for such time as the President may deem necessary, subject always to the payment to the concession holder concerned of such compensation as may thereafter be agreed upon between the concession holder and the Government, and failing such agreement the amount of compensation payable under this subsection shall be submitted to arbitration.

(2)Any notice purporting to be given under the provisions of subsection (1) and signified under the hand of the Minister shall be conclusive evidence of the existence of the conditions necessary for the issue thereof, and if the concession holder to whom such notice is addressed shall fail to comply with all the terms of such notice within such time as may be specified therein, the President may, notwithstanding any provision of the concession concerned, forthwith revoke the concession.[As amended by G.N. No. 275 of 1964 and S.I. No. 122 of 1965]

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

(1)If by any written law made or enacted after the date of the grant of a concession or by the exercise of any power conferred by any such law such concession be determined or cease to be of effect, the concession holder may, by notice in writing to the Government, require the Government to acquire and the Government shall acquire the undertaking of such concession holder on the terms and otherwise in accordance with the provisions hereinafter set forth.

(2)Where the Government acquires any undertaking in accordance with the provisions of subsection (1)—

(a)as consideration for the acquisition the Government shall pay to the concession holder such sum as may be agreed between the Government and the concession holder or, in default of agreement, determined by arbitration to be the fair market value of the undertaking as a going concern without any deduction or diminution by reason of the termination of the concession;

(b)on payment of such consideration by the Government to the concession holder, such estate or interest as the concession holder may at the date of acquisition be entitled to sell and assign in lands or buildings used wholly or mainly by the concession holder for the purposes of or in connection with the carriage of passengers or goods and all vehicles, plant, equipment and stores belonging to the concession holder at the date of acquisition and used wholly or mainly for those purposes shall be transferred or delivered to the Government;

(c)subject to the provisions of paragraph (d), on payment of such consideration the Government shall, to the exclusion of the concession holder, be subject to all obligations and liabilities whether arising by statute or otherwise howsoever to which the concession holder shall immediately before the date of acquisition have been subject, other than any liabilities of the concession holder in respect of any securities or money issued or borrowed or agreed to be issued or borrowed by the concession holder;

(d)all profits, receipts, outgoings and liabilities in respect of the undertaking which shall have accrued or become payable on or before the date of acquisition shall belong to or be discharged by, as the case may be, the concession holder, and all profits, receipts, outgoings and liabilities in respect of the undertaking which shall accrue or become payable after such date shall belong to or be discharged by, as the case may be, the Government, and, if necessary, any profits, receipts, outgoings and liabilities shall be apportioned as at the said date;

(e)any question, difference or dispute arising between the Government and a concession holder as to any matter which in default of agreement is under this section to be determined by arbitration or as to the lands or buildings or other property which or the estate or interest of the concession holder in which is to be transferred or delivered to the Government pursuant to this subsection shall, in default of agreement, be subject to any provision as to arbitration which may be contained in the grant of the concession.

[As amended by S.I. No. 122 of 1965]

Part XIII – Offences: General

192. Speed limits

(1)The Minister may, by statutory instrument, make regulations—

(a)prescribing the maximum speeds at which vehicles may be driven on roads, and different speeds may be prescribed in respect of different classes or descriptions of vehicles or in respect of different areas or in respect of different roads or portions of roads in any prescribed area or areas;

(b)requiring that there shall be displayed on any vehicle or class or description of vehicle, in such manner and position as may be prescribed, the speed limit applicable to such vehicle.

(2)A local authority may, with the prior approval of the Minister, by Gazette notice, specify the maximum speeds at which vehicles may be driven within the local authority area concerned, and different speeds may be specified in respect of different classes or descriptions of vehicles or in respect of different roads or portions of roads within such area, and where the provisions of any such notice conflict with any regulations relating to speed limits made under the provisions of this Act, the provisions of such notice shall prevail.

(3)Any person who drives a vehicle of any class or description on any road or portion thereof at a speed greater than that prescribed or specified under the foregoing provisions of this section as the maximum speed for such class or description of vehicle on such road or portion thereof shall be guilty of an offence and shall be liable, in the case of a first conviction, to a fine not exceeding seven hundred and fifty penalty units, and in the case of a second or subsequent conviction, to a fine not exceeding one thousand five hundred penalty units.

(4)No person shall be convicted of an offence under the provisions of subsection (3) merely on the evidence of one witness solely to the effect that, in the opinion of the witness, he was driving a vehicle at a speed greater than the maximum speed prescribed or specified in respect of a vehicle of the class or description to which such vehicle belongs.[No. 38 of 1960 as amended by G.N. No. 275 of 1964 and Act No. 13 of 1994]

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

(1)If any person drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road, he shall be guilty of an offence and shall be 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.

(2)A person may be charged under subsection (1) where the offence does not amount to an offence under section one hundred and ninety-six and, when a person is charged with an offence under the said section one hundred and ninety-six and the court is of opinion that he is not guilty of such offence but that he is guilty of an offence under subsection (1), he may be convicted of an offence under the said subsection although he was not charged with it.[As amended by No. 38 of 1960 and Act No. 13 of 1994]

196. Reckless or dangerous driving

(1)Any person who drives a motor vehicle upon any road recklessly, or at a speed or in a manner which is dangerous to the public, regard being had to all the circumstances of the case, including the nature, condition and use of the road, and to the amount of traffic which is actually at the time, or which might reasonably be expected to be on the road, shall be guilty of an offence and liable upon conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

(2)Any road traffic inspector in uniform or police officer may arrest without warrant the driver of any motor vehicle who commits or is reasonably suspected of committing an offence under this section within his view if he refuses to give his name and address or if the road traffic inspector in uniform or police officer has reason to believe that the name or address so given is false, or if the motor vehicle does not bear a registration mark.[As amended by Act No. 35 of 1974 and Act No. 13 of 1994]

197. Being in charge of motor vehicle when under influence of drink or drugs

(1)Any person who, when in charge of a motor vehicle which is on a road, but not driving the vehicle, is under the influence of intoxicating liquor or drugs to such an extent as to be incapable of having proper control of such vehicle, shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units, and in the case of a second or subsequent conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both:Provided that a person shall be deemed, for the purposes of this section, not to have been in charge of a motor vehicle if he proves—

(i)that at the material time the circumstances were such that there was no reasonable likelihood of his driving the vehicle so long as he remained unfit to drive; and

(ii)that between his becoming unfit to drive and the material time he had not driven or attempted to drive the vehicle on a road.

In this subsection, the expression "unfit to drive" means under the influence of intoxicating liquor or drugs to such an extent as to be incapable of having proper control of a motor vehicle.

(2)Any road traffic inspector in uniform or police officer may arrest without warrant any person committing or reasonably suspected of committing an offence under this section.[As amended by Act No. 35 of 1974 and Act No. 13 of 1994]

198. Driving when under influence of drink or drugs

(1)Any person who, when driving or attempting to drive a motor vehicle on a road, is under the influence of intoxicating liquor or drugs to such an extent as to be incapable of having proper control of such vehicle, shall be guilty of an offence and shall upon conviction be sentenced to either—

(a)imprisonment for a period of not less than six months nor more than five years; or

(b)imprisonment to be served during a number of consecutive week-ends, not being less than thirty nor more than fifty-two, in this section referred to as week-end imprisonment;

and may in addition be sentenced to a fine not exceeding fifteen thousand penalty units.

(2)Any road traffic inspector in uniform or police officer may arrest without warrant any person committing or reasonably suspected of committing an offence under this section.

(3)Where a person is sentenced to week-end imprisonment—

(a)the warrant of the court which passed the sentence shall be the authority for such person to be immediately taken to a prison situated as close as possible to such person's usual place of abode;

(b)the officer in charge of the prison to which such person is taken shall record, or cause to be recorded, the relevant particulars of such person and shall give to him a record book in which shall be recorded by the prison authorities the number of week-ends to be served by him in prison and the dates and times of his surrender to and release from prison; on the completion of the recording of these particulars (which shall take no longer than absolutely necessary) the person sentenced to week-end imprisonment shall be then released until he first surrenders himself under paragraph (c);

(c)he shall surrender himself to the prison at 6.30 p.m. each Friday and be released at 6.30 p.m. each Sunday during the continuance of his sentence.

(4)When considering whether to pass a sentence of week-end imprisonment, the court shall ask the person about to be sentenced whether he has any objection to such course being taken and shall record the reasons given for any objection which may be raised.

(5)If a person sentenced to week-end imprisonment fails to surrender himself at the times and place required and as recorded in the book referred to in paragraph (b) of subsection (3), the officer in charge of the prison shall give written notification of the fact to the court which passed the sentence, and the said court shall issue a warrant for the said person to be arrested and brought before it.

(6)Where, under the provisions of subsection (5), a person is brought before the court by which he was sentenced to week-end imprisonment, the court shall, unless it sees fit to order the continuation and completion of the total number of week-ends to be served in prison, cancel its original order and substitute therefor, making due allowance for any week-ends actually served by him, a sentence of imprisonment for a fixed period of not less than six months nor more than five years.[No. 42 of 1971 and Act No. 13 of 1994]

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

(1)For the purposes of this section and of section one hundred and ninety-eight A—"fail", in relation to providing a specimen, includes refuse and "failure" shall be construed accordingly;"laboratory test" means the analysis of a specimen provided for the purpose;"medical practitioner" means a person registered on the register of fully registered, provisionally registered or temporarily registered medical practitioners under the Medical and Allied Professions Act.

(2)Any person who has been required to submit himself to a medical examination under section one hundred and ninety-eight A shall, if requested to do so by the medical practitioner conducting the examination, provide a specimen of blood or urine for a laboratory test.

(3)A police officer of or above the rank of Assistant Inspector shall—

(a)when requiring a person to subject himself to a medical examination under section one hundred and ninety-eight A; and

(b)when a medical practitioner requests a person to provide a specimen under subsection (2) of this section;

warn such person that failure to submit to medical examination or to provide a specimen, as the case may be, shall make him liable to imprisonment and if such police officer does not do so a court before which such person may be charged with an offence under subsection (4) shall acquit him.

(4)Any person who—

(a)fails to submit himself to a medical examination under section one hundred and ninety-eight A; or

(b)fails to provide a specimen of blood or within one hour a specimen of urine pursuant to a request under subsection (2) of this section;

shall be guilty of an offence and liable on conviction to imprisonment for a period of not less than three months nor more than six months.

(5)For the purposes of this section, the specimen of blood shall be taken from such part of the body as the medical practitioner shall in his professional discretion decide.

(6)For the purposes of this section, the specimen of blood or of urine shall be in such quantity as the medical practitioner shall consider adequate for the purposes of the laboratory test.[No. 42 of 1971][Cap. 297]

199. Causing death by reckless or dangerous driving of motor vehicle

(1)Any person who causes the death of another person by the driving of a motor vehicle on a road recklessly, or at a speed, or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, shall be guilty of an offence and liable upon conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

(2)When a person is charged with an offence under subsection (1) and the court is of opinion that he is not guilty of such offence, but that he is guilty of an offence under section one hundred and ninety-five or one hundred and ninety-six, he may be convicted of the offence of which the court is of opinion that he is guilty notwithstanding that he was not charged therewith and whether or not the requirements of section two hundred have been satisfied as respects such offence.

(3)Any road traffic inspector in uniform or police officer may arrest without warrant any person committing or reasonably suspected of committing an offence under this section.[As amended by No. 38 of 1960, Act No. 35 of 1974, and Act No. 13 of 1994]

200. Warning to be given before prosecution

(1)Where a person is prosecuted for an offence under any of the provisions of this Part relating respectively to the maximum speed at which vehicles may be driven, to reckless driving, to dangerous driving, to careless driving, to failure to obey traffic signs or signals, or to the obstruction of a road by a vehicle, he shall not be convicted unless—

(a)he was warned at the time the offence was committed that the question of prosecuting him for an offence under some one or other of the sections aforesaid would be taken into consideration; or

(b)within fourteen days of the commission of the offence a summons for the offence was served on him; or

(c)within the said fourteen days a notice of the intended prosecution specifying the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the vehicle at the time of the commission of the offence, and the summons was served within twenty-eight days of the commission of the offence, unless the consent in writing of the Director of Public Prosecutions is obtained to serve the said summons outside the said period of twenty-eight days:Provided that failure to comply with this requirement shall not be a bar to the conviction of the accused in any case where the court is satisfied that—

(i)neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or

(ii)the accused by his own conduct substantially contributed to the failure.

(2)The requirements of subsection (1) shall be presumed to have been complied with unless and until the contrary is proved.

201. Driving motor vehicle in dangerous condition

(1)No person shall use or cause or permit to be used on a road any motor vehicle or trailer which is in such condition or any of the equipment or fittings of which are such that danger is caused, or is likely to be caused, to any person on the vehicle or trailer or on the road, and no person, being the owner of a motor vehicle or trailer, shall permit or cause such motor vehicle or trailer to be so driven.

(2)Any person contravening any of the provisions of this section shall be guilty of an offence and shall be liable to arrest without warrant by any road traffic inspector in uniform or by any police officer.

(3)Any person convicted of an offence under this section shall be liable, in the case of a first offence, to a fine not exceeding one thousand penalty units, and in the case of a second or subsequent offence, to a fine not exceeding two thousand penalty units.

(4)Notwithstanding anything contained in subsection (3), any motor vehicle or trailer in respect of which an offence is committed under this section may be impounded by any road traffic inspector in uniform or by any police officer.[As amended by Acts 25 of 1963, 35 of 1974 and Act No. 13 of 1994]

202. Loads to be secure

(1)No person shall use or cause or permit to be used on a road any vehicle which causes or is liable to cause danger to any person on the road by the reason of the load or part of the load being insecurely fastened and falling or liable to fall from the vehicle or by reason of the load or part thereof projecting from the vehicle, and the Minister may, by statutory instrument, make such regulations as may appear necessary to minimise such danger.

(2)Any person contravening the provisions of this section shall be guilty of an offence.[As amended by No. 26 of 1959, No. 25 of 1963 and G.N. No. 275 of 1964]

203. Vehicles to give way to all locomotives at railway crossings

(1)All vehicles on any road shall give way to any railway locomotive or rolling stock which is approaching or crossing such road by means of a railway line:Provided that this section shall apply only when all reasonable steps have been taken to clearly and properly indicate the railway crossing by means of appropriate traffic signs, and between sunset and sunrise—

(a)in the case of any level crossing specified by the Minister by Gazette notice, when all reasonable steps have been taken to illuminate such level crossing so that rolling stock on such level crossing is clearly visible at a distance of one hundred yards;

(b)in the case of any other level crossing within a local authority area, when all reasonable steps have been taken to indicate such level crossing by luminous signs or other illuminated devices of such type and pattern and in such manner as may be prescribed.

(2)Any person failing to comply with the provisions of subsection (1) shall be guilty of an offence.[As amended by No. 19 of 1966]

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

(1)A driver of any vehicle shall at all times when it is necessary for the safety or convenience of the public give audible and sufficient warning of his approach or position by using such warning device as may be prescribed. When a motor vehicle is stationary on a road, no person shall use or permit to be used in connection therewith any instrument provided for the purpose of giving audible warning, except when such use is necessary on grounds of safety. No such warning device shall in any case be used in such a manner as to be a nuisance to the public.

(2)The Minister may, notwithstanding anything contained in subsection (1), by regulation lay down that in certain areas or on certain roads the use of sound warnings shall be prohibited either at all times or at certain times, save as may be provided in the regulations.

(3)No motor vehicle, other than an ambulance, a fire engine, or a motor vehicle used solely for ambulance, fire brigade, police or such other purposes as may be prescribed, shall be fitted with a gong, bell or siren:Provided that the provisions of this subsection shall not apply to any motor omnibus which is fitted with a bell intended solely as a means of communication between the conductor or passengers and the driver.

(4)Any person who fails to comply with the provisions of this section shall be guilty of an offence.[As amended by No. 26 of 1959 and G.N. No. 275 of 1964]

206. Position of driver

(1)The driver of a vehicle shall not drive from such a position that he has not full control of the vehicle and a full view of the road and traffic ahead and to the sides of the vehicle, and shall not permit any person to sit beside him in such a manner as in any way to obstruct his view or hinder him in steering or controlling the vehicle.

(2)Any person contravening any of the provisions of this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding seven hundred and fifty penalty units.[As amended by No. 25 of 1963 and Act No. 13 of 1994]

207. Limitation of number of occupants of motor vehicles

(1)No person shall use or cause or permit to be used on a road any motor vehicle in which the number of occupants, including the driver, exceeds the seating capacity of such motor vehicle as determined in such manner and by such method as may be prescribed.

(2)In determining the number of occupants in any such motor vehicle, children under the apparent age of four years shall not be counted and two children of or over the apparent age of four years but under the apparent age of eight years shall be counted as one occupant.

(3)Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.[No. 19 of 1966]

208. Traffic signs and signals to be obeyed

(1)Where a road traffic inspector in uniform or police officer is for the time being engaged in the regulation of traffic in a road or where any traffic sign for regulating traffic or indicating the route to be followed by traffic has been lawfully placed on or near any road in accordance with the provisions of section twenty-five or twenty-six, any person driving or propelling any vehicle who—

(a)neglects or refuses to stop the vehicle or to make it proceed in or keep to a particular line of traffic when directed to do so by the police officer in the execution of his duty; or

(b)fails to conform to the indication given by any such sign;

shall be guilty of an offence:Provided that, where a traffic sign and a direction given by a police officer are in conflict, the latter shall prevail.

(2)Whenever any person controlling a body of troops or of labourers engaged on road work or of prisoners or of other persons or of animals shall, within a reasonable time, raise his hand or give such other indication as may be prescribed as a signal to the driver of any vehicle to stop or slow down, the driver of the vehicle shall stop and remain stationary or shall slow down, as the case may be, for as long as may be reasonably necessary, and any driver who fails so to stop and remain stationary or to slow down, as the case may be, shall be guilty of an offence.

(3)Any road traffic inspector in uniform or police officer may arrest without warrant any person who commits an offence under this section.[As amended by Act 35 of 1974]

209. Stopping of vehicles at school crossings

(1)When a vehicle is approaching a place in a road where children on their way to or from school are crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the Minister shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.

(2)When a person has been required under subsection (1) to stop a vehicle—

(a)he shall cause the vehicle to stop before reaching the place where the children are crossing or seeking to cross, and so as not to stop or impede their crossing; and

(b)the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited;

and a person who fails to comply with paragraph (a), or who causes a vehicle to be put in motion in contravention of paragraph (b), shall be guilty of an offence.

(3)In this section—

(a)"prescribed sign" means a sign prescribed by the Minister;

(b)"school crossing patrol" means a person appointed by the Minister to be a school crossing patrol for the purposes of this section.

(4)For the purposes of this section—

(a)where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed to be of a size, colour and type prescribed, unless the contrary is proved;

(b)where it is proved that a school crossing patrol was wearing uniform, the uniform shall be presumed, unless the contrary is proved, to be a uniform approved by the Minister;

(c)where it is proved that a prescribed sign was exhibited by a school crossing patrol at a place in a road where children were crossing or seeking to cross the road, it shall be presumed, unless the contrary is proved, that those children were on their way to or from school.

[No. 19 of 1966]

210. Failure of driver of motor vehicle to render assistance to injured person

(1)If the presence of a motor vehicle in any way causes a person to be injured on a road, and if the person in charge of such motor vehicle fails to stop the vehicle or to render reasonable assistance to the injured person, he shall be guilty of an offence and liable upon conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years, or to both:Provided that it shall be a valid defence to a charge under this section if the driver of the motor vehicle had reason to believe that by stopping after the accident he would be endangering his own safety, or the safety of other occupants of the motor vehicle.

(2)Any road traffic inspector in uniform or police officer may arrest without warrant any person committing or suspected upon reasonable grounds of having committed an offence under this section.[As amended by No. 25 of 1963, Act No. 35 of 1976 and Act No. 13 of 1994]

211. Duty to stop in case of accident

(1)If in any case, owing to the presence of a motor vehicle on a road, an accident occurs whereby damage or injury is caused to any person, property or animal, the driver of the motor vehicle shall stop, and, if required so to do by any person having reasonable grounds for so requiring, give his name and address, and also the name and address of the owner, and the registration mark of the vehicle.

(2)In the case of any such accident as aforesaid, the driver of the motor vehicle shall report the accident to a road traffic inspector in uniform or police officer as soon as reasonably practicable:Provided that in any case of an accident in which no person is injured, no such report need be made by a driver who has at the time of the accident given his name and address to any other person owning or in charge of any property or animal injured in such accident.

(3)If any person fails to comply with the provisions of this section, 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 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 and to imprisonment as aforesaid:Provided that it shall be a valid defence to a charge under this section if the driver of the motor vehicle had reason to believe that by stopping after the accident he would be endangering his own safety, or the safety of other occupants of the motor vehicle.[As amended by Act No. 35 of 1974 and Act No. 13 of 1994]

212. Additional powers of police and others: requirements to be obeyed

(1)In addition to any other powers conferred by this Act, any police officer or road traffic inspector in uniform may at any time require the driver of any motor vehicle to stop such vehicle, and any such police officer or road traffic inspector in uniform, or who, if not in uniform, produces his identity card, may, at any time—

(a)require the driver of any motor vehicle to furnish his name and address and give any other particulars required as to his identification;

(b)require any person in any motor vehicle to furnish his name and address and give any other particulars required as to his identification and to give such information as is in his power to give and may lead to identification of the driver or owner of such vehicle;

(c)inspect the brakes or any part of any motor vehicle or trailer or the equipment thereof with a view to ascertaining whether the same complies with the provisions of any regulations made under the provisions of this Act;

(d)ascertain the dimensions of any motor vehicle or trailer or the laden weight, or the axle weights, and for this purpose require any persons or goods to be removed from such motor vehicle or trailer;

(e)direct the reduction or redistribution of the load of any motor vehicle or trailer, the laden weight of which or the weight carried on any axle whereof exceeds the limit specified in any law applicable to the road in question for the time being in force or in any exemption granted in terms of this Act or any regulations made thereunder;

(f)if the condition of a motor vehicle or trailer is such that danger is likely to be caused to the occupants or to members of the public, direct its removal forthwith from the road, and prohibit its use until the defects have been remedied to the satisfaction of a vehicle examiner in accordance with the provisions of section seventy-five or, if the vehicle is one to which Part XI applies, in accordance with the provisions of section one hundred and seventy;

(g)drive any motor vehicle where necessary in the execution of his duties, to investigate whether an offence is being committed under this Act in relation to such motor vehicle:Provided that no police officer or road traffic inspector may drive any motor vehicle in the exercise of any of the powers and duties conferred or imposed on him under the provisions of this Act or any regulations made thereunder unless he is the holder of a driving licence of the appropriate class.

(2)The Director of Roads or any public officer duly authorised by him in writing shall, for the purposes of ascertaining the dimensions of any motor vehicle or trailer or its laden weight or its axle weights, have the powers conferred on police officers by subsection (1).

(3)The Minister may, by statutory instrument, make regulations for the taking of motor vehicles or trailers to weighbridges, for the weighing of them at such weighbridges, for the issue of certificates showing the recorded weight of such vehicles or trailers, and for the exemption of vehicles or trailers that have been weighed from further weighings during the validity of such certificates.

(4)The provisions of subsection (1), other than paragraphs (d), (e), (f) and (g) thereof, shall apply to bicycles as they apply to motor vehicles, and any reference therein to motor vehicles, drivers or the provisions of any regulations made under this Act shall be construed accordingly.

(5)Any person who fails to comply with a requirement or direction lawfully made or given in terms of this section shall be guilty of an offence.[As amended by No. 26 of 1959, No. 38 of 1960, No. 25 of 1963, G.N. No. 275 of 1964 and No. 50 of 1970]

213. Powers concerning vehicles suspected of being used as public service vehicles

(1)Any police officer or road traffic inspector in uniform may at any time stop any motor vehicle or trailer on which more than one person in addition to the driver of such vehicle is or goods are being conveyed or suspected of being conveyed, for the purpose of ascertaining whether such vehicle is being used for a purpose for which such vehicle is not licensed to be used, and any such police officer or road traffic inspector in uniform, or who, if not in uniform, produces his identity card, may at any time—

(a)require the driver of any such vehicle to furnish his name and address, the name and address of the owner of the vehicle and particulars of the business in connection with which the vehicle is being used;

(b)require any person who is on any vehicle suspected of being used for a purpose for which such vehicle is not licensed to be used or who is suspected of having been on such vehicle recently, to give his full name and address and to state whether or not any remuneration has been or is to be given by him for being conveyed on the said vehicle;

(c)require the driver of, or any such other person in any such vehicle to furnish the name and address of the sender and consignee and the names of the points between which any goods on such vehicle are to be conveyed;

(d)require any other person to give such information as it is in his power to give to assist the police officer or the road traffic inspector to ascertain whether such vehicle is being used for a purpose for which it is not licensed to be used.

(2)Any person who fails to comply with a requirement or direction lawfully made or given in terms of this section shall be guilty of an offence.[As amended by No. 25 of 1963]

214. Obstruction of roadway by vehicles

(1)A vehicle when not in motion on a road shall be placed as far as possible to the left-hand side of the carriageway by the driver or other person in charge of such vehicle, and shall not be placed or allowed to remain in any position so as to obstruct or be likely to obstruct other traffic using the road.

(2)Every driver of a vehicle shall obey any instructions as to the placing of the vehicle given by a police officer in uniform or road traffic inspector in uniform or as indicated by any traffic sign lawfully erected.

(3)The provisions of this section (other than those in subsection (2) relating to obeying instructions as to the placing of a vehicle given by a police officer in uniform or road traffic inspector in uniform shall not apply to any vehicle actually engaged in, and at the site of, the construction or maintenance of electricity or water supplies or other similar essential services, nor to any vehicle 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 the said provisions would be likely to hinder to an unreasonable extent the use of such vehicle for the purposes for which it is being used.

(4)Whenever the driver of a vehicle referred to in subsection (3) does not comply with the provisions of subsections (1) and (2), he shall take such precautions as are necessary and reasonably practicable to warn other traffic of the possible danger arising therefrom.

(5)Any person failing to comply with the provisions of this section shall be guilty of an offence and liable upon conviction to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding six months, or to both.[As amended by No. 17 of 1961, No. 25 of 1963 and Act No. 13 of 1994]

(6)Upon the conviction of any person of an offence under this section, the court may, in addition to the penalty prescribed in subsection (5), order that the vehicle in respect of which the offence was committed be impounded.[As amended by Act 35 of 1974]

215. Disabled vehicles

(1)If a vehicle is disabled, it shall whenever possible be removed from the carriageway by the driver or other person in charge of such vehicle, or if this is not possible, placed as far to the left-hand side of the carriageway as is possible.

(2)Any person failing to comply with the provisions of this section shall be guilty of an offence and liable upon conviction to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding six months, or to both.[As amended by No. 17 of 1961 and Act No. 13 of 1994]

(3)Upon the conviction of any person of an offence under this section, the court may, in addition to the penalty prescribed in subsection (2), order that the disabled vehicle in respect of which the offence was committed be prohibited from the roads after considering a vehicle examiner's report that such disabled vehicle is no longer roadworthy.

(4)Any disabled vehicle prohibited from the roads under the provisions of subsection (3) shall not be disposed of in any way unless the owner of such vehicle has obtained from the Board a certificate stating that the defects discovered earlier have been properly remedied, and that the vehicle is again fit for use on the roads.

(5)Any person contravening the provisions of subsection (4) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding three thousand penalty units.[As amended by Acts No. 35 of 1974 and No. 13 of 1994]

216. Removal of vehicles from roads

(1)The Minister may, by statutory instrument, make regulations for the following purposes:

(a)to provide for the removal from a road of any vehicle which has broken down, or which has been permitted to remain at rest on a road, in contravention of any lawful prohibition or restriction;

(b)to provide for the removal from a road or road reserve of any vehicle which has been permitted to remain at rest in such a position or in such a condition or in such circumstances as to be likely to cause danger to persons using any road or to cause obstruction to such persons;

(c)to specify the circumstances in which a vehicle shall be deemed to have been abandoned and to provide for the removal of vehicles deemed to have been abandoned;

(d)to provide for the disposal by sale or otherwise of any vehicle referred to in paragraph (c) if it is not claimed within such time and according to such procedure as may be prescribed, or if any expenses incurred in the removal, storage, or in the arrangements for the disposal of the vehicle, are not paid in full;

(e)to provide for the removal of any property carried in or on any vehicle referred to in paragraph (c) and for the disposal by sale or otherwise of any such property or part thereof if it is not claimed by the owner within such time and according to such procedure as may be prescribed, or if any expenses incurred in such removal or in respect of storage or in arranging for the disposal of such property are not paid in full;

(f)to provide for the forfeiture of the proceeds of the disposal of any vehicle or property referred to in this subsection if the said proceeds are not claimed within such period and according to such procedure as may be prescribed;

(g)to provide for the protection against any claim in any legal proceedings or otherwise to be afforded to persons acting under or in pursuance of regulations made under this subsection, and to specify the circumstances in which such protection will be afforded.

(2)Expenses reasonably incurred in the execution of any power or duty imposed by regulations made under subsection (1) shall be recoverable summarily as a civil debt from the owner of the vehicle, and any sum so recovered shall be paid to the authority which lawfully incurred it.

(3)No person or authority who may be authorised to take any action under regulations made under paragraph (a) of subsection (1) shall be liable for any damage caused to any vehicle, or for any damage to or loss of any contents of such vehicle, resulting from any action taken by such person or authority in good faith and without negligence and in intended exercise of any such authorisation.[As amended by No. 26 of 1959, No. 38 of 1960, No. 25 of 1963 and G.N. No. 275 of 1964]

217. Engine to be stopped when vehicle unattended

(1)Any person leaving a motor vehicle unattended on a road shall, before doing so, stop the engine and take such steps as are necessary to prevent the vehicle from moving.

(2)Any person who fails to comply with the provisions of this section shall be guilty of an offence.[As amended by No. 25 of 1963]

218. Opening doors of vehicles

(1)No person shall open any door of any motor vehicle or trailer on or near a road without reasonable consideration for the safety of other persons using the road.

(2)No person in charge of a motor vehicle or trailer shall allow any door of such motor vehicle or trailer while stationary on a road to remain open on the side of such motor vehicle or trailer on which other vehicular traffic is moving, or is likely to move, for a period of time longer than is necessary to load or unload passengers or goods from such motor vehicle or trailer.

(3)The provisions of subsection (2) shall not apply to any motor vehicle or trailer the doors of which when open, or when being opened, do not project beyond the normal width of such motor vehicle or trailer.

(4)No person shall drive a motor vehicle or trailer on a road unless the doors of such motor vehicle or trailer are closed.

(5)Any person who contravenes any of the provisions of this section shall be guilty of an offence.[No. 19 of 1966]

219. Silencer

(1)No driver of a motor vehicle shall use a cut-out or otherwise permit the exhaust gases from the engine to escape into the atmosphere otherwise than through an efficient silencer.

(2)Any person who fails to comply with the provisions of this section shall be guilty of an offence.

220. Discharge of oil and smoke

(1)Proper precautions shall be taken by the owner and driver of any motor vehicle to prevent the unnecessary discharge of fuel, oil or lubricants on any road, and the unnecessary discharge of smoke from any motor vehicle.

(2)Any person contravening the provisions of this section shall be guilty of an offence.

(3)Notwithstanding anything contained in subsection (2), any motor vehicle excessively discharging fuel, oil or lubricants or smoke on any road may be impounded by any road traffic inspector in uniform or by any police officer:Provided that no such vehicle shall be impounded if it is merely being tested on the road for the purpose of repairing any fuel, oil or lubricant leakage or, of preventing the unnecessary discharge of smoke or, in the case of a diesel vehicle, if it is discharging smoke as a result of moving under speed restrictions.[As amended by Act No. 35 of 1974]

221. Filling petrol, etc.

(1)Any person who shall fill petrol or other inflammable fuel into a motor vehicle while the engine is running or while any light, other than an electric light, is alight on the vehicle, and any person who shall smoke or light a match or introduce any naked light in close proximity while petrol or other inflammable fuel is being filled shall be guilty of an offence.

(2)Any person who shall fill petrol or other inflammable fuel into a public service vehicle while any passenger is within such vehicle shall be guilty of an offence.

222. Prohibition of sale of vehicles in a condition not complying with regulations as to construction, etc.

(1)Subject to the provisions of this section, it shall not be lawful to sell, or to supply, or to offer to sell or supply, a motor vehicle or trailer for delivery in such a condition that the use thereof on a road in that condition would be unlawful by virtue of any provisions of this Act or of the regulations made thereunder as to the construction, weight and equipment thereof or by virtue of any provisions made as respects brakes, steering gear or tyres or in such a condition as respects lighting equipment or reflectors or the maintenance thereof, that it is not capable of being used on a road during lighting-up time without contravention of the requirements imposed by law as to obligatory lamps or reflectors.

(2)If a motor vehicle or trailer is sold, supplied or offered in contravention of the provisions of this section, any person who so sells, supplies or offers it or causes or permits it to be so sold, supplied or offered, shall be guilty of an offence.

(3)A person shall not be convicted for an offence under this section in respect of the sale, supply or offer of a motor vehicle or trailer if he proves that he had reasonable cause to believe that the vehicle or trailer would not be used on a road until it had been put into a condition in which it might lawfully be so used, or, in the case of a vehicle or trailer, the sale, supply or offer of which is alleged to be unlawful by reason of its condition as respects lighting equipment or reflectors or the maintenance thereof, would not be so used during lighting-up time until it had been put into a condition in which it might be so used during that time without contravention of the requirements imposed by law as to obligatory lamps or reflectors.

(4)Nothing in the preceding provisions of this section shall affect the validity of any contract or any rights arising under a contract.

(5)In this section, "obligatory lamps or reflectors" means, in relation to a motor vehicle or trailer, the lamps or reflectors required by law to be carried thereon while it is on a road during lighting-up time.

(6)The provisions of this section shall not apply to any motor vehicle or trailer sold or supplied or offered for sale or supply solely where it is intended that its subsequent use on a road shall be solely for the purpose of taking it to a place where it is to be broken up or put into a condition in which its use on a road would not be unlawful:Provided that—

(i)in the case of a motor vehicle, such subsequent use on a road shall not include use under the vehicle's own power;

(ii)nothing in this section shall apply to tractors or trailers used solely for agricultural purposes.

223. Prohibition of use of vehicles not complying with regulations as to construction, etc.

(1)Subject to the provisions of this Act and of any regulations made thereunder, no person shall use on any road any vehicle which does not comply with any regulations, applicable to the class or description of vehicles to which such vehicle belongs, relating to the construction, equipment and use thereof.

(2)Any person who uses any vehicle, or causes or permits any vehicle to be used, on any road in contravention of the provisions of subsection (1) shall be guilty of an offence.[No. 38 of 1960]

224. Pillion riding on motor cycle

(1)It shall not be lawful for more than one person in addition to the driver to be carried on any two-wheeled motor cycle, nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the cycle on a proper seat securely fixed to the cycle behind the driver's seat and with his feet resting on the foot rests securely fixed to the cycle.

(2)If any person is carried on any such cycle in contravention of the provisions of this section, the driver of the cycle and any person carried thereon shall be guilty of an offence.[As amended by No. 38 of 1960]

225. Application to pedal cyclists of provisions relating to certain driving offences

(1)The following enactments, that is to say:

(a)section one hundred and ninety-five (which penalises careless driving);

(b)section one hundred and ninety-six (which penalises reckless or dangerous driving);

(c)section one hundred and ninety-eight (which penalises driving under the influence of intoxicating liquor or drugs), but with the omission of the reference to attempting to drive;

(d)section one hundred and ninety-nine (which penalises the causing of death by reckless or dangerous driving);

(e)section two hundred (which requires the giving of warning of proposed prosecution) in so far as it relates to offences against the said sections one hundred and ninety-five and one hundred and ninety-six (careless driving and reckless or dangerous driving), but with the omission of reference to registered owners;

(f)section two hundred and ten (failure of a driver to stop and render assistance to an injured person after an accident);

(g)section two hundred and eleven (which requires drivers to stop and give their names and addresses) except so much of subsection (1) thereof as relates to the name and address of the owner and the registration mark of the vehicle;

shall, subject to the provisions of this section, apply to persons riding animals or driving vehicles, not being motor vehicles, as they apply to the drivers of motor vehicles, and references in those enactments to motor vehicles, drivers and driving shall be construed accordingly.

(2)The maximum penalties which may be imposed on a conviction by virtue of this section for an offence under section one hundred and ninety-five, one hundred and ninety-six or one hundred and ninety-eight shall be as follows:

(a)in the case of a conviction under the said section one hundred and ninety-six or one hundred and ninety-eight, a fine of three hundred penalty units, or, if the conviction is a second or subsequent conviction, a fine of three hundred penalty units or imprisonment for a term of three months;

(b)in the case of a conviction under the said section one hundred and ninety-five, a fine of one hundred and fifty penalty units, or, if the conviction is a second or subsequent conviction, three hundred penalty units.

(3)In determining whether a conviction under the said section one hundred and ninety-five, one hundred and ninety-six or one hundred and ninety-eight is a second or subsequent conviction—

(a)where it is a conviction in connection with the driving of a motor vehicle any previous conviction by virtue of this section shall be disregarded;

(b)where it is a conviction by virtue of this section any previous conviction in connection with the driving of a motor vehicle shall be disregarded.

[As amended by No. 25 of 1963 and Act No. 13 of 1994]

226. Brakes, etc., on bicycles and tricycles

(1)No person shall ride a bicycle or tricycle on a road unless it complies with any regulations in force governing the construction and equipment of bicycles and tricycles.

(2)Any person contravening the provisions of this section shall be guilty of an offence.

227. Excessive loads on two-wheeled vehicles

(1)No person shall while riding a two-wheeled vehicle carry thereon such number of persons or load of goods or both as to deprive him of full control of the vehicle or as to hinder him in its control, or as to obstruct his view.

(2)Any person who contravenes the provisions of this section shall be guilty of an offence.

228. Throwing articles at or from vehicles

(1)If any person throws any article at any vehicle on any road or at any person in such vehicle, he shall be guilty of an offence and shall be liable upon conviction to imprisonment for twelve months or to a fine not exceeding three thousand penalty units, or to both.

(2)If any person throws from any vehicle an article that is in itself dangerous or that in the circumstances of the case causes or is likely to cause danger to other persons, he shall be guilty of an offence.[As amended by Act No. 13 of 1994]

229. Interference with vehicles

(1)Any person who without the knowledge or consent of the owner of a vehicle other than a motor vehicle rides or drives or takes away such vehicle or in any way interferes with any vehicle or part thereof shall be guilty of an offence.

(2)If any person without lawful authority or reasonable cause enters or gets on to a motor vehicle or interferes with or wilfully damages such vehicle or its accessories, 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 or to a term of imprisonment 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 a term of imprisonment not exceeding twelve months, or to both.

(3)If any person, whether employed by the owner or not, shall take and drive away any motor vehicle without the consent of the owner thereof or other lawful authority, he shall be guilty of an offence and liable upon conviction to the penalties prescribed in subsection (2).

(4)If a court is satisfied that in any offence against subsection (1) or (3) the accused acted in the reasonable belief that he had lawful authority, or that the owner would, in the circumstances of the case, have given his consent if he had been asked therefor, the accused shall not be liable to be convicted of the offence.

(5)If in any prosecution for stealing or attempting to steal a vehicle the court is of opinion that the defendant was not guilty of stealing or attempting to steal the vehicle, but was guilty of an offence under this section, the court may find him guilty of an offence under this section and thereupon he shall be liable to be punished accordingly.

(6)A road traffic inspector in uniform or police officer may arrest without a warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section.

(7)In addition to any penalty specified in this section, the court may order that the convicted person shall pay to the owner of the vehicle such sum as may represent fair compensation for any damage sustained by the owner of the vehicle.[As amended by No. 17 of 1961, Act No. 35 of 1974 and Act No. 13 of 1994]

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

(1)No person shall permit any person to ride, and no person shall ride, on the wings, fenders, luggage grid, roof, running board, drawbar, towing bar or bonnet of a motor vehicle or trailer on any road except for purposes incidental to and necessary for the repair of the vehicle or trailer.

(2)A part from the driver and one other representative of the owner or hirer of a goods vehicle, no person shall permit any person to ride, and no person shall ride, on any such goods vehicle:Provided that the provisions of this subsection shall not apply in any case where—

(i)such goods vehicle is being used in the normal course of the business of such owner or hirer, and the person riding on such vehicle is doing so for any purpose connected with such business; or

(ii)the person riding on such goods vehicle is the owner or hirer thereof or a member of the family of such owner or hirer; or

(iii)the person riding on such goods vehicle is an employee, or a member of the family of an employee, of the owner or hirer of such vehicle; and for the purposes of this paragraph, "employee" shall, in the case of an educational or other institution, include a pupil or other inmate thereof; or

(iv)a person is riding on a goods vehicle in an emergency; or

(v)the road upon which such goods vehicle is being used is not served by a motor omnibus service.

(3)No person shall ride or be permitted to ride on any load in a goods vehicle, unless there is sufficient protection as may be prescribed to prevent persons so carried from falling from the vehicle.

(4)No person shall carry or permit to be carried in any goods vehicle any goods other than goods carried on behalf or with the consent of the owner or hirer of such vehicle.

(5)Any person failing to comply with the provisions of this section shall be guilty of an offence.[As amended by No. 38 of 1960]

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

(1)Any person who for any purpose places or causes to be placed any rope, wire or other apparatus across a road or any part thereof in such manner as to be likely to cause danger to persons using the road shall, unless he proves that he had taken all necessary means to give adequate warning of the danger, 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 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 twelve months.

(2)No person shall place or abandon or cause to be placed or abandoned upon a road any object or thing which is capable of causing danger or damage to traffic on or to such road:Provided that nothing hereinbefore contained shall apply in respect of any object or thing placed upon a road by a highway authority road traffic inspector in uniform or police officer acting under and in terms of any written law.

(3)No person upon a road shall wilfully and without lawful excuse prevent, hinder or interrupt the free and proper passage of vehicles, persons or animals thereon.

(4)Any person contravening the provisions of subsection (2) or (3) shall be guilty of an offence.

(5)A police officer may arrest without warrant any person committing or suspected on reasonable grounds of having committed an offence under this section.[As amended by No. 25 of 1963, No. 19 of 1966, Act No. 35 of 1974 and Act No. 13 of 1994]

234. Liability for animals on roads

(1)Subject to the provisions of subsection (2), no person shall leave or permit any horse, cattle, ass, mule, sheep, pig or goat to be on any road which is fenced or enclosed in any other manner along both sides, and no person shall leave any such animal in a place from which it may stray on to such road.

(2)The provisions of subsection (1) shall not apply to—

(a)any animal which is ridden or is being used to draw a vehicle upon a road; or

(b)any animal which is being moved upon the road from one place to another (other than for the purpose of grazing on such road) under the immediate control of a responsible attendant in such a manner as not to constitute a source of danger or injury to any person or any traffic upon such road.

(3)In any prosecution for a contravention of subsection (1), the owner of the animal concerned shall be presumed, until the contrary is proved, to have left or allowed such animal to be on the road concerned, or to have left it in a place from where it may have strayed on to such road, and a road shall be regarded as fenced or enclosed along both sides even though there are openings in the fence or barriers providing access to such road.

(4)No person shall drive any animal referred to in subsection (1) upon a road between sunset and sunrise unless he exhibits a white light visible in clear weather on a straight road for a distance of at least five hundred feet, or, in the case of a flock or herd of more than ten animals, a person carrying a white light as hereinbefore prescribed precedes and another carrying such a light follows such animals.

(5)A person in charge of an animal on a road shall tend it in such a manner as not to constitute an obstruction or danger to other traffic.

(6)Any person failing to comply with the provisions of this section shall be guilty of an offence.

235. Duty of pedestrians to comply with traffic directions given by police

(1)Where a road traffic inspector in uniform or police officer in uniform is for the time being engaged in the regulation of vehicular traffic in a road, any person on foot who proceeds across or along the road in contravention of a direction to stop given by the police officer, in the execution of his duty, either to persons on foot or to persons on foot and other traffic, shall be guilty of an offence.

(2)A road traffic inspector in uniform or police officer may require any person committing an offence against subsection (1) to give his name and address, and if that person fails to do so, he shall be guilty of an offence, and may be arrested thereupon without warrant.

(3)Any pedestrian who crosses, or who attempts to cross, any road when prohibited from so doing by a traffic sign shall be guilty of an offence.

236. Registration book and licences to be produced to police, etc., on demand

(1)Any road traffic inspector in uniform or police officer who, if not in uniform, produces his identity card and any other person authorised in writing by the Minister to exercise the powers bestowed by this section who produces such authority may demand—

(a)from the owner of any motor vehicle or trailer the registration book and the current licence for the vehicle or trailer in force at the date of such demand, and in the case of a public service vehicle the road service licence authorising the use of that vehicle at that time and place;

(b)from any person driving a motor vehicle on a road his driving licence, or provisional driving licence and, in the case of the latter, the driving licence of the person supervising such driving in terms of proviso (i) to subsection (2) of section one hundred and thirteen.

(2)Any person who fails to produce on demand any document referred to in subsection (1) shall be guilty of an offence unless within seven days thereafter or within such greater period as a road traffic inspector in uniform or police officer or person authorised in writing may specify, he produces or otherwise furnishes such document at such police station as may have been specified by him at the time that its production was required.

(3)In the case of motor vehicles or trailers that are subject to Part XI, a road traffic inspector may exercise all the powers bestowed upon a police officer by this section.[As amended by No. 17 of 1961 and No. 25 of 1963]

237. Duty to give information

(1)Where any police officer has reason to believe that an offence in connection with a vehicle has been committed, it shall be lawful for him or any other police officer to require the owner of the vehicle to give all information in his possession as to the name, address, description and whereabouts—

(a)of the person driving and the occupants of the vehicle at the time of the alleged offence; or

(b)if no person was driving at the time of the alleged offence, of the last person who drove the vehicle before the alleged offence.

Any person failing to give such information shall be guilty of an offence unless he shows to the satisfaction of the court that he did not have the information and could not with reasonable diligence have obtained it.

(2)It shall also be lawful for a police officer to require any other person to give such information as aforesaid, or any other information which it is in his power to give and which may lead to the identification of any of the persons referred to in paragraph (a) or (b) of subsection (1) and, if such person fails to do so, he shall be guilty of an offence.

(3)In the case of motor vehicles that are subject to Part XI, a road traffic inspector may exercise all the powers bestowed upon a police officer by this section.[As amended by No. 25 of 1963]

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

(1)The Minister may, by statutory instrument, make regulations—

(a)making it compulsory for protective helmets to be worn by persons riding on motor-cycles, or in sidecars attached to motor-cycles, of such construction or in such circumstances as may be prescribed;

(b)prescribing the shape, construction or quality of protective helmets.

(2)If any person sells, or offers for sale, any helmet as a helmet for affording protection as aforesaid, and such helmet fails to comply with any requirement prescribed under this section, 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, or to imprisonment for a term not exceeding three months.

(3)In this section, "helmet" includes any head-dress, and references in this section to selling or offering for sale include respectively reference to letting on hire and offering to let on hire.[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, and came into force on 30th March 1973 by S.I. No. 86 of 1973]

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

(1)It shall not be lawful for any person to teach for gain the driving of motor vehicles except under the authority of a licence, hereinafter referred to as an instructor's licence, issued by the Commissioner, and no person shall set up or maintain an establishment for teaching for gain the driving of motor vehicles save under the authority of a licence, hereinafter referred to as a driving school licence, issued by the Commissioner.

(2)Any person who contravenes any of the provisions of this section shall be guilty of an offence.[As amended by No. 17 of 1961 and No. 25 of 1963]

247. Instructors' licences and driving school licences

(1)A person applying for an instructor's licence or for a driving school licence or for a variation of any of the conditions of any such licence shall apply on the prescribed form and shall submit to the Commissioner such particulars as may be prescribed.

(2)On receipt of an application for an instructor's licence, the Commissioner shall cause the applicant's competence to be tested, and may in the case of any application for an instructor's licence or a driving school licence or any variation thereof, if he deems necessary, cause to be verified the facts stated therein, and shall then, if the application is in order, and if all the information that he requires is provided, consider it, and shall, in his discretion, grant or refuse a licence or variation, as the case may be, subject to such conditions as he may impose.

(3)Licences shall be valid for such period as may be prescribed and the prescribed fees shall be payable for them.

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—

(a)providing for the inspection of any premises, vehicles, equipment, records or any other place or thing used in connection with the teaching for gain of driving, and for ensuring that the curriculum and, where provided, the accommodation and food supplied to pupils, are suitable, and that the instructors are competent;

(b)providing for the revocation of instructors' licences and of driving school licences, or for the variation of the conditions thereof, and for the making and hearing of appeals in respect of such licences;

(c)containing such other provisions as he may deem necessary for the proper licensing, control, and inspection of the teaching for gain of driving and for ensuring that the terms of any licences relating to such teaching are observed.

[As amended by No. 26 of 1959 and G.N. No. 275 of 1964]

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

(1)In any proceedings for an offence against this Act a certificate in the prescribed form purporting to be signed by a road traffic inspector or by a police officer of or above the rank of Sub-Inspector and certifying that a person specified in the certificate stated to the road traffic inspector or to the police officer—

(a)that a particular motor vehicle was being driven by, or belonged to, that person on a particular occasion; or

(b)that a particular motor vehicle belonged on a particular occasion to a firm in which that person also stated that he was at the time of the statement a partner; or

(c)that a particular motor vehicle belonged on a particular occasion to a corporation of which that person also stated that he was at the time of the statement a director, officer or employee;

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven, or to whom it belonged, as the case may be, on that occasion.

(2)Nothing in this section shall be deemed to make a certificate admissible as evidence in proceedings for any offence—

(a)unless a copy thereof has, not less than seven days before the hearing or trial, been served on the person charged with the offence; or

(b)if that person, not later than three days before the hearing or trial, or within such further time as the court may in special circumstances allow, serves notice on the prosecutor requiring the attendance at the trial of the person who signed the certificate.

253. Registers, etc., to be accepted as evidence

(1)Any extract from a register or other records kept in terms of this Act or any regulations made thereunder shall, if it purports to be certified to be a true extract by the officer having custody or control of such register or records, be received in any court on production by any person and without further proof as prima facie evidence of the facts therein stated.

(2)The registration book of any motor vehicle or trailer shall be received in any court on production by any person and without further proof as prima facie evidence of the facts therein stated.

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—

(a)on any road any motor vehicle or trailer is used which does not comply with or contravenes any provision of this Act or of any regulations or order lawfully made thereunder; or

(b)any motor vehicle or trailer is used in such a state or condition or in such a manner as to contravene any such provision; or

(c)anything is done or omitted in connection with a motor vehicle or trailer in contravention of any such provision;

then, unless otherwise expressly provided by this Act—

(i)the driver of the motor vehicle or trailer at the time of the offence shall be guilty of an offence unless the offence was not due to any act, omission, neglect, or default on his part; and

(ii)the owner of the motor vehicle or trailer shall also be guilty of an offence, if present at the time of the offence, or, if absent, unless the offence was committed without his consent and was not due to any act or omission on his part, and he had taken all reasonable precautions to prevent an offence.

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

(1)The Minister may prepare a code, to be known as the Highway Code, containing such directions as appear to him to be proper for the guidance of persons using roads, and may from time to time revise the code by revoking, varying, amending or adding to the directions thereof in such manner as he thinks fit.

(2)The Highway Code and any alterations proposed to be made thereto and any revision thereof shall as soon as prepared be laid before the National Assembly, and the Highway Code or the revision thereof, as the case may be, shall not be issued until the said code or proposed alterations or revision have been approved by the Assembly.

(3)Subject to the foregoing provisions of this section, the Minister shall cause the Highway Code and every revised edition thereof to be printed and issued to the public at such price as may be prescribed.

(4)Failure on the part of any person to observe any provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal and including proceedings for an offence under this Act) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.[As amended by G.N. No. 275 of 1964]

258. Regulations

(1)The Minister may, by statutory instrument, make regulations for carrying this Act into effect, and any regulations made under this section or in pursuance of any other power to make regulations conferred by this Act shall be published in the Gazette at least thirty days before the date upon which they shall come into effect.

(2)In particular and without prejudice to the generality of the foregoing power such regulations may be made—

(i)prescribing anything which by this Act may or is to be prescribed;

(ii)governing the construction and upkeep of any road or portion thereof or any bridge, ford, pontoon or culvert thereon;

(iii)prohibiting any practice which may lead to obstruction of or damage to any road;

(iv)declaring any portion of any road to be a footpath or cycle track and regulating traffic on such footpath or cycle track;

(v)providing for the imposition of tolls for special services rendered at any point on any road;

(vi)prescribing the forms to be used;

(vii)prescribing the fees payable for licences and for the various appeals, documents and services specified in this Act where such are not included in the First Schedule; prescribing the circumstances in which fees paid may be refunded either wholly or in part, the allocation of taxes and fees paid, and the rendering of accounts therefor;

(viii)prescribing the form of vehicle and motor vehicle licences, driving licences and renewals thereof and all other licences, registration books, certificates of all kinds, the conditions attaching to them and the conditions precedent to their issue and, where applicable, the periods of their validity, and the manner of displaying such certificates and licences; and regulating the issue of duplicates of licences, registration books, certificates and other documents specified in this Act;

(ix)prescribing measures to prevent a person holding illegally more than one licence, registration book or certificate, and to facilitate the identification of the holders of the same;

(x)regulating the particulars that are to be marked on vehicles, motor vehicles or trailers and the manner in which they are to be displayed or affixed, and prohibiting the display on any motor vehicle or trailer of any registration or distinguishing mark other than that of the country in which such motor vehicle or trailer is registered and licensed:Provided that the Minister may delegate to the Commissioner the power to prescribe the letters which shall be used as registration marks on motor vehicles and trailers;

(xi)regulating traffic on any road or portion thereof or on any ford, bridge, pontoon or culvert thereon;

(xii)prescribing the rules of the road, the signals to be given by the drivers of vehicles, and the signals and traffic signs to be observed by such drivers and by pedestrians and for the establishment of crossings on roads for pedestrians;

(xiii)prescribing the maximum speeds permitted for different classes of vehicles in or on different areas and roads or parts thereof;

(xiv)regulating the parking of vehicles, the levy of any charges therefor and the manner in which such charges may be levied; prohibiting the leaving of vehicles at rest in dangerous positions and the abandoning of vehicles and providing for their removal from roads and road reserves and for the recovery of expenses in this regard;

(xv)providing for the detention of any vehicle in respect of any contravention or suspected contravention of this Act or any regulation or notice thereunder; and providing for the sale of any vehicle so detained which is not claimed within a period of thirty days after the date of detention;

(xvi)providing for the detention, inspection and disinfection of any vehicle passing through or out of any area in which tsetse fly exist or are suspected to exist;

(xvii)prohibiting sound warnings on specified roads or in specified areas or parts thereof either at all times or at specified times;

(xviii)requiring information to be furnished as to any road or vehicle;

(xix)prescribing the construction and equipment of vehicles, motor vehicles and trailers and the conditions under which they may be used on roads, including the prohibition of emblems, mascots or other devices that are liable to be a source of danger to any person on the road or of distraction to the driver or to other road users;

(xx)prescribing the width, height, length and other dimensions of vehicles, motor vehicles and trailers, or trains of such and of the loads carried thereby;

(xxi)prescribing the gross weight of vehicles, motor vehicles and trailers and the maximum weight to be transmitted to the road or any specified area thereof by a vehicle, motor vehicle or trailer of any class or description or by any part or parts of such vehicle or trailer in contact with the road; the methods by which such weights shall be determined and the conditions under which they may be required to be tested; and providing for the reduction or redistribution of the load of any motor vehicle or trailer, the laden weight of which or the weight carried on any axle whereof exceeds a prescribed limit;

(xxii)prescribing the number of trailers which may be drawn by a vehicle and the towing of one vehicle by another, and prohibiting the operation of any vehicle which is being used to tow trailers if the combined length of the vehicle and trailers exceeds a prescribed limit;

(xxiii)prescribing the number of persons who may be carried on vehicles or trailers for the purpose of controlling or attending to them;

(xxiv)regulating the number and kinds of lamps and reflectors that are to be carried on vehicles, motor vehicles, trailers and farm implements, prescribing how and when the same shall or shall not be used, prohibiting the use of any lamp or lighting device as may be specified, and prohibiting the sale or letting on hire of bicycles which do not comply with any regulations which may be made regulating the carrying on bicycles of lights, reflectors or other devices to make them conspicuous at night;

(xxv)regulating and prescribing the number and type of brakes, the affixing of efficient brakes and ensuring that brakes, steering gear and other parts of a vehicle are maintained in proper working order;

(xxvi)prohibiting the use of any cut-out, fitting or other apparatus or device rendering it possible to open the exhaust of a motor vehicle; providing for efficient silencers, to minimise noise; prohibiting the unnecessary issue of smoke or fumes, and the unnecessary discharge of fuel, oil, or lubricants; prohibiting nuisances caused by the working of motor vehicles, and prohibiting the use on roads of motor vehicles or trailers which cause excessive noise due to defect, lack of repair, or faulty adjustment or faulty packing of loads on such vehicles or trailers;

(xxvii)regulating the loading of vehicles, motor vehicles and trailers, and the securing of loads so that danger is not caused or is likely to be caused, by reason of the load or part thereof falling, or being liable to fall, from the vehicle or trailer;

(xxviii)prohibiting the use on roads of any motor vehicle which is so constructed or loaded that manual signals given by the driver cannot be readily seen from the rear of such vehicle by a person in line with the offside unless it is fitted with an apparatus to enable the driver thereof efficiently to signal his intention to stop or change direction;

(xxix)prescribing the methods to be used and appliances to be fitted for signalling the approach of a motor vehicle, for enabling the driver of a motor vehicle to become aware of the approach of another motor vehicle from the rear, and for intimating the intended movement of a motor vehicle; securing that such appliances shall be efficient and kept in proper working order;

(xxx)providing for the examination on the road or elsewhere, of motor vehicles, either generally or of such classes as may be specified, for the exemption of specified vehicles or classes of vehicle from the need to be examined and for the notification of the result of examinations;

(xxxi)prescribing those vehicles or motor vehicles that may be exempted from the need to be registered or licensed and under what conditions, and the conditions on which motor vehicles registered and licensed in any specified country outside Zambia may be used within Zambia without being registered or licensed therein or without holding a certificate of fitness; prescribing the driving licences or permits issued outside Zambia or the military driving licences, or the equivalents of such licences or permits, that may be deemed to have effect within Zambia as if issued under section one hundred and eleven or one hundred and thirteen, and prescribing the conditions to which such driving licences, permits or their equivalents may be made or may be deemed to be subject in their application to Zambia;

(xxxii)prescribing the procedure to be adopted and the conditions to be observed in connection with the issue of international certificates for motor vehicles and international driving permits and in connection with the use of such certificates and permits issued elsewhere than in Zambia;

(xxxiii)exempting, or empowering prescribed officers to exempt, vehicles, motor vehicles and trailers from compliance with the requirements of this Act and of the regulations with regard to construction and equipment;

(xxxiv)prescribing the circumstances in which public service vehicles or any classes thereof shall be exempt from compliance with all or any of the provisions of Part X, and under what conditions;

(xxxv)prescribing the construction and equipment of public service vehicles, the method to be adopted to determine the maximum load and/or the number of passengers that they may carry; prescribing for the safe custody and redelivery or disposal of any property accidentally left in a public service vehicle, and fixing the charges to be made in respect thereof; prescribing the circumstances in which and the conditions upon which vehicles may be substituted for authorised vehicles, otherwise than in the case of breakdown or unforeseeable emergency; and prescribing the circumstances in which public service vehicle services may be temporarily suspended;

(xxxvi)prescribing the hours and conditions of service of the drivers of such classes of motor vehicles as may be specified, regulating the licensing and conduct of drivers of public service vehicles and of conductors in omnibuses, prescribing the badges to be worn by such drivers and conductors, and regulating the conduct of passengers in passenger-carrying public service vehicles;

(xxxvii)prescribing the records that are to be kept and the returns that are to be made by persons holding or applying for licences issued under Part X or subject to Part XI;

(xxxviii)prescribing the manner in which applications for road service licences, and the grant, revocation or suspension of such licences, or the variation of their conditions, are to be published;

(xxxix)prescribing the means of identifying public service vehicles authorised to be used under road service licences, the period of validity of such means of identification, the particulars that they are to contain, the manner of their display, the fees to be charged therefor, and their custody, production, return and cancellation on expiration, suspension or revocation;

(xl)prescribing the classes of motor vehicles for which driving licences and provisional driving licences may be expressed to be valid;

(xli)providing for the confiscation of bicycles and for the custody of such bicycles during the period of their confiscation;

(xlii)providing for the licensing, control and inspection of driving schools and of instructors;

(xliii)prescribing penalties for the breach of any regulation, provided that no such penalty shall exceed a fine of one thousand five hundred penalty units or imprisonment for a period of three months;

(xliv)providing for the form, manner and procedure of any arbitration or appeal authorised under this Act;

(xlv)prescribing the exclusion of specified vehicles from the definition of "motor vehicle" as contained in section two;

(xlvi)providing for the amendment of driving licences where the name or address of the holder has been changed and for the keeping of records and registers of driving licences issued, renewed or extended by endorsement;

(xlvii)providing for the production of prescribed documents and of vehicles to driving examiners for the purpose of driving tests, and the procedure to be followed before, during and after such tests and the examiners who may conduct the same;

(xlviii)to do all such things as may be necessary for the proper carrying out of this Act.

[As amended by No. 38 of 1960, No. 17 of 1961, G.N. No. 275 of 1964, No. 19 of 1966, No. 50 of 1970 and Act No. 13 of 1994]

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—

(i)all licences, concessions, permits and other documents of authority issued under the said Acts shall, save as otherwise provided by or under the provisions of this Act, continue to have full force and effect notwithstanding such repeal, and every such licence, concession, permit or other document shall, upon the repeal of the law under which it was issued, be deemed to have been issued under this Act;

(ii)in any concession granted under the Motor Traffic Act, Chapter 172 of the 1960 Edition of the Laws, and existing after the commencement of this Act, any reference to a provision of the said Motor Traffic Act shall, mutatis mutandis, be deemed to be a reference to the equivalent provision in this Act.

[As amended by No. 17 of 1961 and G.N. No. 275 of 1964]

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]

First Schedule (Section 95)

Taxes payable on annual licences

Rate of tax

	Fee units paid
1. Vehicles owned by the Government	Nil
2. For every hand-cart per wheel	10
3. For every motor-cycle	50
4. For every public service vehicle (except a contract car, hire car,taxi cab or trailer) if the manufacturer's permitted gross weight—
(a) does not exceed 2 tonnes	200
(b) exceeds 2 tonnes but does not exceed 5 tonnes	300
(c) exceeds 5 tonnes but does not exceed 8 tonnes	400
(d) exceeds 8 tonnes but does not exceed 11 tonnes	500
(e) exceeds 11 tonnes but does not exceed 14 tonnes	600
(f) exceeds 14 tonnes but does not exceed 17 tonnes	700
(g) exceeds 17 tonnes but does not exceed 20 tonnes	800
(h) exceeds 20 tonnes	1000
5. For every contract car, hire car or taxicab, if the weight—
(a) does not exceed 800 kg	400
(b) exceeds 800 kg but does not exceed 1000 kg	500
(c) exceeds 1000 kg but does not exceed 1200 kg	600
(d) exceeds 1200 kg but does not exceed 1400 kg	700
(e) exceeds 1400 kg but does not exceed 1600 kg	800
(f) exceeds 1600 kg	1000
6. For every private motor car, if the net weight—
(a) does not exceed 800 kg	200
(b) exceeds 800 kg but does not exceed 1000 kg	250
(c) exceeds 1000 kg but does not exceed 1200 kg	300
(d) exceeds 1200 kg but does not exceed 1400 kg	350
(e) exceeds 1400 kg but does not exceed 1600 kg	400
(f) exceeds 1600 kg	500
7. For every other motor vehicle (except a farm tractor) if the netweight—
(a) does not exceed 800 kg	200
(b) exceeds 800 kg but does not exceed 1200 kg	250
(c) exceeds 1200 kg but does not exceed 2000 kg	300
(d) exceeds 2000 kg but does not exceed 4000 kg	350
(e) exceeds 4000 kg but does not exceed 6500 kg	400
(f) exceeds 6500 kg but does not exceed 9000 kg	450
(g) exceeds 9000 kg	500
8. For every trailer, if the manufacturers permitted gross weight—
(a) does not exceed 2 tonnes	200
(b) exceeds 2 tonnes but does not exceed 4 tonnes	300
(c) exceeds 4 tonnes but does not exceed 6 tonnes	400
(d) exceeds 6 tonnes but does not exceed 9 tonnes	500
(e) exceeds 9 tonnes but does not exceed 12 tonnes	600
(f) exceeds 12 tonnes but does not exceed 15 tonnes	700
(g) exceeds 15 tonnes	800

Second Schedule (Section 122)

Cancellation, suspension and endorsement of driving licences

Schedule showing where it is obligatory, and where it is permissible to—

(a)cancel a driving licence and disqualify the holder from obtaining a

(b)suspend a driving licence for a stated period-section 122 (1) (a);

(c)endorse a driving licence-section 122 (1) (b).

NOTE 1.-The cancellation or the suspension of a driving licence must be eni[Please note: incomplete paragraphs as in original.]

Section	Offence	First second, subsequent offence	Cancellation with disqualification		Suspension
Section	Offence	First second, subsequent offence	Obligatory	Permissible	Obligatory	Permissible
77	No test certificate	First	No	No	No	No
77	No test certificate	Second or subsequent	No	No	No	Yes
83	No motor vehicle or trailer licence.	First	No	No	No	No
83	No motor vehicle or trailer licence.	Second or subsequent	No	No	No	Yes
110	Driving with no driving licence.	First	No	No	No	No
110	Driving with no driving licence.	Second or subsequent	Yes	No	No	No
113 (3)	Passenger in public service vehiclewith learner driving-driver, and supervisor.	First orsubsequent	No	No	No	No
128	Fraudulent application for driving licence, or driving when disqualifiedor while licence suspended.	First orsubsequent	Yes*	No	No	No
133	Vehicle uninsured	First orsubsequent	No	No	No	Yes
164 (1)(2)	Public service vehicle driver drinking or drunk.	First orsubsequent	No	No	No	Yes
177	Using vehicle without certificate of fitness, or when use is prohibited	First	No	No	No	No
177		Second or subsequent	No	No	No	Yes
192	Exceeding speed limit	Second	No	No	No	No
192	Exceeding speed limit	Third orsubsequent	No	No	No	Yes
195	Careless driving	First	No	No	No	No
195	Careless driving	Second or subsequent	No	No	No	Yes
196	Reckless or dangerous driving.	First orsubsequent	No	No	No	Yes
197	Intoxicated when in charge of motor vehicle.	First	No	No	No	No
197	Intoxicated when in charge of motor vehicle.	Second or subsequent	No	No	No	Yes
198	Intoxicated when driving	First orsubsequent	No	Yes	Yes	No
199	Causing death by reckless or dangerous driving.	First orsubsequent	No	Yes	Yes	No
201	Driving motor vehicle or trailer in dangerous condition.	First orsubsequent	No	No	No	No
210	Failure to stop or render assistance.	First orsubsequent	No	Yes	Yes	No
211	Failure to stop in case of accident.	First orsubsequent	No	Yes	Yes	No
231	Carrying passengers or goods without authority of owner or hirer.	First orsubsequent	No	Yes	No	Yes

Third Schedule (Section 119)

Prescribed fee units

Driving licence

Central and Southern Africa Transport Conference,
Head No. 4: Roads and Road Traffic
Section B: Existing international or inter-territorial R[Please note: incomplete heading as in original.]
Country	Road
Country	From	To
Zambia	1. Zimbabwe	Kafue River Bridge (joins 2)	V
	2. Zimbabwe	Tanzania	C
	3. Kapiri Mposhi	Lubumbashi (Congo)	V
	4. Lusaka	Malawi	V
	5. Chingola	Angola	N

History of this document

29 December 2000

29 December 2000

amendment not yet applied
Amended by Roads and Road Traffic (Amendment) Act, 2000
01 February 1997

01 February 1997

amendment not yet applied
Amended by Roads and Road Traffic (Amendment) Act, 1997
31 December 1996 You are here

31 December 1996 You are here

Consolidation
24 December 1971

24 December 1971

Commenced
29 April 1966

29 April 1966

Commenced
19 July 1963

19 July 1963

Commenced
01 December 1962

01 December 1962

Commenced
01 February 1962

01 February 1962

Commenced
01 December 1961

01 December 1961

Commenced
01 November 1961

01 November 1961

Commenced
15 September 1961

15 September 1961

Commenced
26 August 1960

26 August 1960

Commenced
01 January 1960

01 January 1960

Commenced
01 July 1959

01 July 1959

Commenced
06 March 1959

06 March 1959

Commenced

Uncommenced provisions

Legislation provisions that have not yet come into force. All uncommenced provisions →

48. Regulation of undertakers' works

48. Regulation of undertakers' works
(1)In respect of any road specified by the Minister an undertaker shall not execute any undertakers' works except in accordance with such regulations as may be made in terms of subsection (2).
(2)The Minister may, by statutory instrument, make regulations—
(a)requiring the prior submission of sufficient details of proposed undertakers' works to the highway authorities concerned for consideration;
(b)requiring a highway authority to signify to the undertakers its approval or disapproval of the proposals within a specified time and to give reasons for any such disapproval:Provided that in any case where the undertakers and the highway authority are unable to agree the details of the proposed works the undertakers may refer the matter to arbitration;
(c)requiring undertakers to give notice of the intention to commence works approved or the subject of an arbitration award and prescribing the form and manner in which such notice shall be served and the effect thereof;
(d)governing the execution by undertakers of works being emergency works as defined in such regulations.
(3)If any undertaker executes any works in contravention of the provisions of this section, he shall be liable on conviction to a fine not exceeding three thousand penalty units.
(4)If any highway authority concerned objects to any works carried out or alleged or proposed to be carried out in contravention of the provisions of this section or to any emergency works and is unable to reach agreement with the undertakers to meet the objections, the highway authority may refer the matter to arbitration.[As amended by No. 26 of 1959, G.N. No. 275 of 1964 and Act No. 13 of 1994]
49. Execution of undertakers' works

49. Execution of undertakers' works
(1)An undertaker shall execute works within roads in accordance with such proposals and details thereof as may have been agreed under the provisions of section forty-eight or in accordance with any arbitration award made thereunder, and with all such despatch as is reasonably practicable.
(2)An undertaker shall execute any items of works of an incidental nature and restore the road to a proper state of repair with all reasonable despatch after completion of any part of the works to the reasonable satisfaction of the highway authority:Provided that the highway authority by agreement with the undertaker may itself undertake the reinstatement of the upper levels of the road at the undertaker's expense.
(3)If an undertaker fails to carry out reinstatement in accordance with his obligations under this section, he shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred penalty units in respect of each day of such failure.
(4)The undertaker shall be liable to pay the highway authority the cost of remedying any subsidence or deterioration of reinstatement work carried out by the undertaker if such subsidence or deterioration takes places within six months of the completion of such reinstatement and if such deterioration is shown to have been attributable to defective workmanship or the use of defective materials:Provided that the highway authority concerned shall have given reasonable notice to the undertaker before remedying the subsidence or deterioration.[As amended by Act No. 13 of 1994]
50. Undertakers to provide warning and safety precautions

50. Undertakers to provide warning and safety precautions
(1)An undertaker or a contractor employed by an undertaker who is executing works shall secure at his expense that the following requirements are observed during and in connection with the execution of the works and of any restoration or other repair to any road occasioned thereby:
(a)so long as the road, street, road reserve or street margin is open or broken up (except in a place to which the public have no right of access and are not permitted to have access) such works are adequately fenced and guarded and lighted in such a manner as to give adequate warning to the public during the hours of darkness;
(b)that traffic signs (within the meaning of section twenty-five) are so placed, and where so directed, operated and lighted in accordance with any directions in that behalf that may be given by the Minister;
(c)that no greater width or length of road than is reasonably necessary is open or broken up at any one time;
(d)that there is no greater obstruction to traffic on any road or interference with the normal use of such road than is reasonably necessary;
(e)that any spoil or other material not required for the execution of the works or of any consequent restoration or repair to the road is carried away as soon as it is reasonably practicable;
(f)that any other requirement imposed in accordance with any regulations made by the Minister is complied with.
(2)If any undertaker or any contractor employed by an undertaker fails to satisfy an obligation to which he is subject by virtue of subsection (1), he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding three hundred penalty units for each day of such failure.
(3)If an undertaker fails to satisfy an obligation to which he is subject by virtue of subsection (1) as regards any requirements mentioned in paragraph (a), (b) or (e) thereof, the highway authority may do anything necessary for securing observance of that requirement and the undertaker shall pay to the authority an amount equal to any cost reasonably incurred by them of so doing.[As amended by No. 26 of 1959, G.N. No. 275 of 1964 and Act No. 13 of 1994]
51. Works at railway crossings

51. Works at railway crossings
(1)An undertaker executing works on a road at any railway level crossing shall comply with any reasonable requirements as to the arrangements for executing the works, as to hours of work, or as to any other such matters which are imposed upon him by the authority having the management of the railway, for securing the safety of persons employed in connection with the works and for ensuring that interference with traffic on the railway caused by the execution of such works is reduced so far as is practicable.
(2)If any undertaker fails to comply with an obligation to which he is subject by virtue of subsection (1), he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.[As amended by Act No. 13 of 1994]
52. Removal of apparatus

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

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

54. Limitation of time in which works may be executed
(1)Subject to the provisions of this section, a statutory power of undertakers to break up or open a road, being a power conferred for any purposes other than road purposes or purposes of a railway undertaking, shall not be exercisable on or under any road during the twelve months following either—
(a)the end of any period during which the use by vehicles of the carriageway of such road has been prohibited or the width thereof available for vehicular traffic has been reduced to less than two-thirds of its normal width for the purposes of execution of works for road purposes;
(b)the completion of a resurfacing extending to one-third or more of the width of the carriageway of such road.
(2)The provisions of subsection (1) shall not apply unless the following conditions are satisfied:
(a)the highway authority has given to the undertaker concerned at least three months before the date on which the works for road purposes or resurfacing, as the case may be, were substantially begun, a notice stating that the works for such purposes were intended to be carried out and specifying the date of their commencement;
(b)the works for road purposes or resurfacing, as the case may be, were substantially begun on, or within one month from the date so specified or, if any undertakers' works were in progress in the road on that date, within one month from the completion of such undertakers' works or in either case within such extended period as may have been agreed between the highway authority and the undertaker concerned.
(3)Nothing in this section shall apply to any breaking up or opening of a road in any of the following cases:
(a)for the carrying out of any emergency works;
(b)in relation to any part of a road other than a carriageway, in the case of works relating only to the installation, maintenance, repair or removal of a service pipe or service line or overhead telegraph line or overhead electric cable;
(c)in the case of any works carried out by an undertaker, where the execution of such works is in fulfilment of an obligation imposed upon the undertaker by the provisions of this Act and could not reasonably be effected without breaking up or opening the road, as the case may be;
(d)in the case of any breaking up or opening of a road executed with the consent of the highway authority concerned.
(4)If any undertaker or any contractor employed by an undertaker breaks up or opens a road in contravention of this section—
(a)he shall pay to the highway authority concerned an amount equal to any cost reasonably incurred by such highway authority in restoring or repairing the road concerned;
(b)without prejudice to his liability under paragraph (a), he shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.
[As amended by Act No. 13 of 1994]
Part IV – Road boards

Part IV – Road boards
55. Constitution of road boards
(1)The Minister may from time to time by Gazette notice—
(a)constitute for any area outside the area of a local authority a board, hereinafter called a road board, consisting of not less than four nor more than seven such persons as may be appointed by the Minister subject to the provisions of section fifty-six: Provided that the Minister may in addition to such persons appoint other persons ex officio members of a road board, and such members shall have the right to take part in the proceedings of the road board but shall not have the right to vote;
(b)increase, alter or diminish the area of jurisdiction of any road board constituted under this section and at any time on due cause being shown abolish or disestablish such board.
(2)The chairman of a road board shall be a member thereof elected by the board.
(3)The Minister may from time to time determine the amount to be paid to a member for travelling and personal expenses whilst on the business of the road board.[As amended by No. 17 of 1961]
56. Disqualifications
No person shall be appointed, or continue to be, a member of a road board—
(a)who has been convicted at any time of an offence for which imprisonment without the option of a fine has been imposed as a punishment, unless he shall have received a free pardon or his period of imprisonment shall have expired at least three years prior to the date of his appointment; or
(b)who is of unsound mind; or
(c)who is an undischarged bankrupt or who has made an assignment of his estate for the benefit of his creditors.
57. Vacation of office
A member of a road board shall vacate his office—
(a)in any of the circumstances described in section fifty-six; or
(b)if he has been removed from office by the Minister in terms of section fifty-eight; or
(c)if he has been convicted for a contravention of section sixty-three.
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
(1)If any member of a road board shall, during the currency of his period of office, die, resign, become or be found disqualified under any law or otherwise vacate his seat thereon, a successor to fill the vacancy so caused may be appointed by the Minister.
(2)A member appointed in terms of this section shall hold office only for the unexpired term of office of his predecessor.
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—
(a)have such powers, duties and functions as may be prescribed;
(b)assist and advise the Minister on all matters relating to roads within its district;
(c)obtain and transmit to the Minister any information that may be required by him in connection with the administration of this Act or the regulations made thereunder; and
(d)generally carry out all such functions as may from time to time be assigned to it by the Minister.
63. Interest of members
(1)No member of a road board shall vote upon or in his capacity as a member take part in or be present at the discussion of any matter before the board in which he has any pecuniary interest either directly or indirectly.
(2)Any member knowingly contravening the provisions of this section shall be guilty of an offence and on conviction his seat on the board shall ipso facto become vacant.
150A. Prohibition of the use of station wagons as taxicabs, etc.

150A. Prohibition of the use of station wagons as taxicabs, etc.
(1)Notwithstanding anything in this Part contained, no road service licence shall be granted for authorising the use of any station wagon vehicle as a taxicab or public service vehicle for the carriage of persons, and all such road service licences in force immediately before the 30th June, 1973, shall be deemed to have been cancelled on that date:Provided that no person shall be deemed to be guilty of an offence under section one hundred and fifty, by reason only that on or after the 30th June, 1973, but before the publication of the Roads and Road Traffic (Amendment) (No. 2) Act, 1973, he used or caused or permitted to be used for the purpose of standing or plying for hire as a public service vehicle for the carriage of persons any vehicle in respect of which road licence has been cancelled by this subsection.[Act No. 33 of 1973]
(2)The Government or any public officer shall not be held liable for anything done or any action taken on or after the 30th June, 1973, to prohibit or restrict the use of any vehicle which is a station wagon as a taxicab or a public service vehicle for the carriage of persons.[As amended by Act 33 of 1973]
241A. Conditions for release of impounded vehicle or trailer

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

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]
244. Protective helmets for motor cyclists

244. Protective helmets for motor cyclists
(1)The Minister may, by statutory instrument, make regulations—
(a)making it compulsory for protective helmets to be worn by persons riding on motor-cycles, or in sidecars attached to motor-cycles, of such construction or in such circumstances as may be prescribed;
(b)prescribing the shape, construction or quality of protective helmets.
(2)If any person sells, or offers for sale, any helmet as a helmet for affording protection as aforesaid, and such helmet fails to comply with any requirement prescribed under this section, 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, or to imprisonment for a term not exceeding three months.
(3)In this section, "helmet" includes any head-dress, and references in this section to selling or offering for sale include respectively reference to letting on hire and offering to let on hire.[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, and came into force on 30th March 1973 by S.I. No. 86 of 1973]

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Roads and Road Traffic Act, 1958

Chapter 464

Roads and Road Traffic Act, 1958

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Roads and Road Traffic Act, 1958

Chapter 464

Part I – Preliminary

1. Short title and commencement

2. Interpretation

Part II – Roads: General

3. Classification of roads

Part IIA

Part IIB

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

10. Public roads dedicated to public use

11. Service of notice in Reserves, etc.

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

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

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

38. Unauthorised acts on reserved land

39. Compensation

40. Power to take materials for roadworks

41. Highway authorities' employees may park vehicles, erect huts, etc., on private land

42. Contractors may exercise rights granted to highway authority

43. Power to undertake ancillary works

44. Provision of footpaths, cycle tracks, etc.

45. Ferries and pontoons

46. Power to make rules controlling the construction of cattle grids

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

53. Powers enjoyed by electricity undertakings

54. Limitation of time in which works may be executed

Part IV – Road boards

55. Constitution of road boards

56. Disqualifications

57. Vacation of office

58. Suspension or removal of member

59. Period of membership

60. Vacancies

61. Quorum

62. Functions of road boards

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