Roc& Trafic [No.

11 of 2002 105

THE ROAD TRAFFICACT, 2002

ARR.~NGEMENT
OF SECTIONS
PART I
PRELMINARY
Section
1. Sh01-ltitle and commencement
2. Interpretation
PART IT
THEROAD TRANSPORT AND SAFETY
AGENCY
3. EstablishmentofAgency
4. Functions and powers of Agency
5. Composition of Agency
6. Director, Secretaly and other staff
PART I11
R E G I S TION
R ~OF~ ~
M0.i-OR
I VEI-IICLES
AND TRAILERS
7, Motor vehlcle and trailer registers
8. Re-regstration
9. Registers etc. to be accepted as evidence
10. Motor vehicle to be cleared by Customs and Interpol
11. Registration of motor vehicles and trailers
12. Sale or transfer of motor veh~cle
13. Change of ownership
14. Position of registered owner who is not absolute owner
15. Furnishing evidence of weights and dimensions of motor
vehicle or trailer
16. Ternporiiry registration card
17. Details required for temporary registration
18. Particulars to be endorsed on application forms
19. Motor vehicle or trailer deemed to be registered, etc.
20. Special examination of motor vehicles and trailers
21. Test oi'satisfactoly conditions of motor vehicles and trailers
22. Certificate of examination to be admissible in evidence
23. Obligatory test certiticate
24. Provisions not applicable to vehicle to which Part IX applies
25. Decn-uction or permanent removal of motor vehicle or trailer
from Zambla
26. Exemptions from reglstrauon
27. Registration marks
28. Prohibition of manufacture of number plates without serial
number
9 Offences in connection with registration marks

Single coyi~2sof this Act can be obtained from tlze Government I'rinter,
.- PO. Box 30136,10101 L u s h . Price K42,000 each.
1116 No. 11 of 20021 Road TrafJic

PART IV
VEHICLE
LICENS~NG
Vehicles to be licensed
Form of licence
Duration of licence
Owner to receive licence or token
Transfer of licence of vehicle other than motor vehicle or
trailer
Application for licence
Issue of licences
Conditions to be satisfied before the issue of licence
Alterations in conditions on which licence is issued
Duration of licence
~ u s ~ e n s or
8 nrefusal of licence
Duplicate motor vehicle and trailer licence
Taxes
Licence to be carried on motor vehicle or trailer
Penalty for affixing false licence or token
Motor dealer's vehicle licence
Use of motor dealer's vehicle licence
Motor dealer's identification plates
Duration of motor dealer's vehicle licence
Fees for each identification number of motor dealer's vehicle
licence
Cancellation of motor dealer's vehicle licence
Motor dealer's vehicle licence not to be misused
Farm vehicle licence
Contract cars
Duty to remit fees
Provisions of Part IV not to apply to certain vehicles

PART V
L~CENSING
OF DRIVERS
OFMOTORVEH~CLES
AND-DRIVING
SCHOOLS
Driver of motor vehicle to be licensed
Tests of competence to drive
Review of conduct of tests
Application for issue of driving Iice~~ce
Driving tests
Provisional driving licences
Physical fitness
Classes of motor vehicle
 Road Trafic [No. 11 of 2002 107

64. Age of driver

65. Driving test fees
66. Form and duration of licences
67. Fees for licences
68. Revocation,etc., of driving licences
69. Appeals
70. Control of driving schools and of the teaching for gain
7 1. Instructor's licences and driving school licences
72. Appeals concerning driving school licences or instructor's
licences
73. Instructor's licences and driving school licences not
transferable
74. Inspection of premises, etc.
PART VI
ENDORSEMENT, AND CANCELLATION
SUSPENSION OF DRIVINGLICENCES
75. Powers of court
76. k g h t of appeal
77. Production of driving licence for endorsement
78. Suspended licence to be no effect
79. Application for removal of disqualification
80. Removal of disqualification no longer provided for
8 1. Fraudulent application for driving licence
82. Particulars of endorsement to be copied on new licence
83. Applying for licence without disclosing endorsement
84. Issue of new licence free from endorsement
85. Removal of endorsement
PART VII
COMPULSORY THIRD PARTY INSURANCE
86. Users of motor vehicles to be insured against third party risks
87. Saving in respect of liability
88. Requirements in respect of policies of insurance
89. Requirements in respect of securities
90. Right of injured party to proceed against insurer
91. Certain conditions in policy to be of no effect
92. Avoidance of contracts so far as restrictive of liability in respect
of death or injury to passengers in public service vehicles
93. Hospital expenses
94. Documentary proof of existence of insurancepolicy
95. Production of certificate of insurance
96. Customs Officer may refuse to permit entry of uninsured
vehicle
108 No. 11 of 2001 Road Trafic

Making false statements

Certificate of insurance or security to be produced before
issue of licence
Duty of insurer when policy is cancelled, etc.
PART Vm
LICENSING OF PUBLIC SERVICE VEHICLES
Public sitlings
Use of vehicles as public service vehicles for carryingof goods
Use of vehicles as public service vehicles for carrying of
passengers
Use of station wagon as taxicab, or public service vehicle
Terms etc. of road service licences to be observed
Person required to hold road service licence
Notice to be given to Director of alteration of vehicles
Temporary substitutionof authorised vehicles in emergency
Road service licences
Short-term licences
Extension of validity of licences
Road ServiceAppeal Tribunal
Appeal to Tribunal
Protection of Chairperson of Tribunal and Director
Obligation to keep records and returns
Number of passengers, weights of public service vehicles
Touting
Driver of public service vehicle to wear uniform
Prohibition of supply and consumption of liquor or narcortic
drugs by driver of public service vehicle
Limitation of time for which drivers of certain vehicles may
remain continuously on duty
Tickets and fares
1 PART IX
AMINAVON FOR CERTIFICATE OF F m a s FORCERTAIN CLASSES OF
VEHICLES
Application of Part IX
Certificatesof fitness
Form and display of certificateof fitness
Period of validity of certificates of fitness
Defects
Examination on suspension of vehicle being unfit
Inspection by road traffic inspector
Examination by other examiners
 Road Trafic mo. 11 of 2002 109

Persons empowered to examine vehicles exempted from

liabilityfor damage
Appeals
Prescribed fees
Exemptions
Offences
PART X
EX~LUSIVE CONCESSIONS
Power to grant concessions
Particulars to be given to Director
Restriction on other operators
Saving for existing operators
Revocation of road service licence held by existing operator
Termini of non-concession routes
Duty of concession holder to provide services
Prescribed fees
Powers of Director
Saving for mails, parcels and luggage
Express running agreements
Undertaking at disposal of Government in emergency
Expiration of concession
Determination of concession by legislation
PART XI
ROADSAFETY PROVISIONS AND DRNMG OFFENCES
Speed limit
Exemption of drivers of fire engines, etc. from speed limit
Certain classes of motor vehicles to contain recording device
to measure speed
Road racing
Travellingbackwards
Warning devices
Careless driving
Reckless or dangerous driving
Being in charge of motor vehicle when under influence of
intoxicatingliquor or a narcotic drug
Driving when under influence of intoxicating liquor or
narcotic drugs
Driver to submit to medical examination
Detention of persons affected by intoxicatingliquor a narcotic
drug
Week-end imprisonment
Causing death by reckless or dangerous driving
Warning to be given before prosecution
110 No. 11 of 20021 Roucl Trnflic

Driving motor vehicle in dangerous condition

Loads to be secure
Position of driver
Limitation of numbers of occupants of motor vehicles
Obligation to wear seat belts
Restrictions on carrying children not wearing seat belts in
motor vehicles
Driving when using a hand held mobile telephone
Drivers to obey traffic signs
Vehicles to give way to all locomotives at railway crossings
Stopping of vehicles at school crossing
Side of the road on which vehicle is to be driven
Driving on divided public roads
Overtaking of vehicle
Right of way at roundabout
Right of way at four-way junction
Procedure when turning
Compulsory stops
Duties of driver and passenger of vehicle on public road
Duties of driver of motor cycle or motor tricycle
Protective helmets for motor cyclists
Pedestrian's right of way on pedesti-ian crossing
Duties of pedestrians
Stoppingof vehicles
Parking of vehicle
Certain vehicles may stop and park at any place where
necessary
Obstruction of roadway by vehicle
Disabled vehicles
Removal of vehicles from roads
Vehicles abandoned or left on road
Engine to be stopped when vehicle unattended
Opening doors of vehicle
Silencer
Discharge of oil and smoke
Filling petrol, etc.
Prohibition of sale of vehicles in condition not complying with
regulations as to construction, etc.
Prohibition of use of motor vehicles not complying with
regulations as to construction etc.
Pillion riding on motor cycle
 Road Trafic [No. 11 of 2002 111

Application to pedal cyclists of provisions relating to certain

driving offences
Brakes, etc., on bicycles and tricycles
Excessive loads on two-wheeled vehicles
Throwing articles at or from vehicles
Interference with vehicles
Placing of handbill, etc., in or on motor vehicle
Unauthorised use of goods vehicles
Taking hold of or getting on a vehicle in motion
Stretching rope, etc., across road: obstruction of road
Liability for animal on road
Failure of driver of motor vehicle to stop and render assistance
to injured person
Duty to stop in case of accident
Additional powers of police and others; requirements to be
obeyed
Powers concerningvehicles suspected of being used as public
service vehicles
Registration document and licences to be produced to police,
etc., on demand
Duty to give information
Penalty for giving false information
Unlawful imitation, etc. of documents
Verification of facts in applications
Condition for release of impounded vehicle or Qailer
No liability for impoundment
Liability of driver and owner for offences
Vehicle causing excessive noise
Use of hooter
Riding of pedal cycles
~ e n e r apenalty
l
PART XI1
MISCELLANEOUS PROVISIONS

Licensing officers etc.

References to Commissioner
Control of parking charges on roads
Admissibility as evidence of certificatesrelating to ownership
of driver of motor vehicle
Doubt concerning classification of vehicles
Highway Code
Implementation of international treaties
Power of Minister to make regulations
112 No. 11 of 20021 Road Traffic
234. Repeal of Parts V to XIV of the Roads and Road Traffic Act,
Cap. 464 and transitional provisions.
235. Repeal of Cap. 47 1
FIRST SCHEDULE
PART I
ADMINISTRATION
1. Seal of Agency
2. Tenure of office and vacancy
3. Filling of casual vacancy
4. Proceedings of Agency
5. Comrnittees of Agency
6. Allowances of members
7. Disclosure of interest
8. Prohibition of publication of or disclosure of information to
unauthorised persons
PART I1
FINANCIAL PROVISIONS
9. Funds ofAgency
10. Financial year
11. Accounts
12. Annual report
SECOND SCHEDULE
Taxes payable on annual licences
THIRD SCHEDULE
Cancellation, suspension and endorsementof driving licences
FOURTH SCHEDULE
Presclibed fee
FIFTH SCHEDULE
PAWI
TRANSITIONAL
PROVISIONS IN RELATION TO THE ROAD TRAFFIC COMMISS~OI
1. Vesting of assets of the RoadTraffic Commission
2. Registration of property to be transferred by Government
3. Legal proceedings
4. Tenns of service of employees of Commission
PART LI
TRANS~T~ONAL
PROVISIONS IN RELATION TO THE NATIONAL ROAD SAFET
COUN~IL
1. Vesting of assets of the National Road Safety Council
2. Registration of property to be transferred by Council
3. Legal proceedings
4. Terms of service of employees of Council
 Road Trafic [No. 11 of 2002 113

ACT
No. 11 of 2002

Date of Assent: 31st December, 2002

An Act to establish the Road Transport and Safety Agency and to
define its functions; to provide for a system of road safetj and
4
traffic management; to provide for the licensing of drivers and
motor vehicles; to provide for the registration of motor vehicles
and trailers; to provide for compulsory third party insurance
of motor vehicles; to provide for the licensing and control of
public service vehicles; to provide for the promotion of road
safety; to provide for the regulation of road transport between
Zambia and other countries with which Zambia has concluded
cross-border road transport agreements; to provide for the
implementation of the SADC Protocol on Transport,
Communications and Meteorology, the Protocol on Third Party
Motor Vehicle Insurance Scheme adopted by the Member States
of COMESAand Protocols on transit trade and transit facilities;
to repeal the National Road Safety Council Act, 1995 and to
provide for matters connected with or incidental to the foregoing.
[ 3 1st December; 2002

ENACTED by the Parliament of Zambia. Enactment

PART I
PIELIMINAKL'
1. 'This Act may be cited as the Road Traffic Act, 2002 and shall Short title
come into operation on such date as the Minister may, by statutory ~~~m,,c,-
instrument, appoint. ment
2. In this Act, unless the context otherwise requires- Interpretation
-'Agency " means the Road Transport and Safety Agency
established by section three
" animal " means any horse, cattle, ass. sheep, mule, pig, goat or

dog;
" appointed date " means the date appointeu by the Minister

under section otze;

 114 No. 11 of 2002 Road Trufliic

-'authorised officer " means any police officer, road traffic

inspector or member of staff of the Drug Enforcement
Commission or of the Anti-Corruption Commission designated
as authorised officers for the purposes of this Act and includes
any other person declared by the Minister, by statutory order,
to be an authorised officer;
" 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 electr~calpower from such motor;
"axle weight "has the meaning assigned tb it In the Public Roads
Act No. 12 Act, I;
of 2002 " bicycle " shall include a tricycle;

" carriageway " Ineans 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;
" Chairperson " means the person appointed as Chairperson of

the Agency under sectionfive;

" COMESA " means the Common Market for Eastern and
SouthernAfrica;
" Committee " means a committee of the Agency established
under paragraph 5 of the First Schedule;
"construction vehicle " means:-
(a)a motor vehicle incorporating water-bring machinery,
or construction machinery of the nature of a crane,
grader, shovel, scraper, pipelayer. cable layer or of
such other nature as may be prescribed; or
(b)any motor vehicle or class of motor vehicle which may,
by 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 more than seven persons other than the
driver, which is let out on hire to a hirer who is to dnve oneself
or provide the driver for such motor vehicle:
" Council " means the former National Road Safety Council
t 35 of
~ cNo. established under the repealed Act,;
1995 " customs clearance certificate " shall have the meaning assigned
to it by section ten;
 Road Trafiic. [No. 11 of 2002 115

" cycle track " means a portion of a road exclusive of the carriage
way set aside for use solely by persons riding bicycles;
" Deputy-Director " means a person appointed as Deputy-
Director under section six-;
" Director" means the person appointed as Director under section

six;
" driver ". in relation to a vehicle. means the person or persons
havins control of the steering apparatus thereof;
" driving examiner " tneans any person appointed under the
provisioris of this Act to examine persons for driving licences: .

" fare means the amount paid or payable for a passenger's

"

conveyance in a public service vehicle or for the hire of a

whoie passenger-carrying public service vehicle. and includes
any sum paid or payable for the conveyance of luggage i n
excess of any free allowance and any other sums lawfull\
charged or chargeable by the owner of a public service vehicle
01- by thar person's representative in connection with the
L-:,nveyanceof a passenger in such vehicle:
" 1-tiotpath" means a portion of aroad exclusiveof the carriageway
set aside for use solely by pedestrians;
" Fund " lneans the National Road Fund established under the

National Road Fund Act; ~ cNO.

t 13
" gate " means a gate of sufficient width to allow the reasonable 2002
free use of the road, having regard to the road traffic thereon,
and of nor less width than five metres, having a balance or
catch or other free fastener so fixed as to enable the gate to
move clear of the road from drag;
" goods " include 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 inter-secting a road, with the object of allowing the

pussage of vehicles and preventing the pasage of livestuc.k:
" gross weight " lneans the net weight of a motor vehicle or

rraiier together with such weight of goods or passengers i);

both as the vehicle or trailer may be authorised in terms ol'
this Act to cairy;
" h ~ a v ytrailer" means a trailer exceeding three thousand six
hundred kilogrammes gross weight;
" heavy vehicle " means a motor vehicle exceedingthree thousand
six hundred kilogrammes. gross weight;
 116 No. 11 of 20021 Road Trafic
- -
" heavy g a d s vehicle " " means a heavy vehicle, constructed or
adapted for use of the carriage or haulage of goods, or a heavy
trailer so constructed or adapted;
" Highway Code " means the code comprising directions for the

guidance of persons using roads issued under section two

hundred and tlzirty-one;
" 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 y,hich 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 Inspector-General 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 Director to enable the
holder to be identified as a police officer or road traffic
inspector, as the case may be;
" inter-section " means the crossing of two or more roads;
"Interpol" means the InternationalCriminal Police Organisation;
" Interpol Clearance Certificate " means a certificate issued by

an Interpol officer under section ten;

" intoxicating liquor " includes both intoxicating liquor as defined
Cap 167 in the Liquor Licensing Act and traditional beers as defined
cap 168 in the Traditional Beer Act;
" invalid carriage " means a mechanically propelled vehicle the
weight of which unladen does not exceed two hundred and
fifty kilogrammes and which is specially designed and
constructed, and not merely adapted, for the use of persons
with some physical 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 by the Agency as
licensing officer under section two hundred and twerzty-six;
" light trailer " means a trailer fitted with pneumatic tyres, the
gross weight of which does not exceed nine hundred
kilograrnmes;
" lighting-up time " means from sunset to sunrise;
" local authority " means a city council, municipal council or

Cap 28 1 district council established under the Local Government Act.

 Road TrafJic [No. 11 of 2002 117

" local authority area" means the area for acity council, municipal
council or district council;
" manufacturer's permitted gross weight" means the weight that
the manufacturer of a motor vehicle or trailer or that
manufacturer's representative certifies that such vehicle or
trailer has been built to carry in addition to its own weight;
" member " means a member of the Agency, or a committee of

the Agency;
" 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, and is not capable
of being driven backwards under its own power, and
which does not exceed three hundred and twenty
kilograms net weight;
" motor omnibus " means a public service vehicle, other than a
hire car and a taxi cab, hired for conveying passengers for
reward, whether at separate fares or otherwise;
" motor omnibus service " means a service for the carriage of
passengers in a motor omnibus but, except as provided by
section one hundred and forty-three, 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
regulations from this definition;
" National Road Fund Agency " means the National Road Fund Act No. 13 of
Agency establishedunder the National Road Fund Act; 2002
" narcotic drug " has the meaning assigned to it in the Narcotic

Drugs and Psychotropic SubstancesAct; Cap 96

" 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;
 118 No. 11 of 20021 Road Trafiic

"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 names the motor vehicle or
trailer is registered:
Provided that in the case of a hire-purchase agreebent,
"owner" means the person in possession of the vehicle under
that agreement;
'' parcel " means any package not exceeding five kilogrammesin
weight, and not exceeding one metre in length or two metres
in length and girth combined:
" park " means to keep a vehicle, whether occupizd or not,
stationary for a period of time greater than is reasonably
necessary for the actual loading or unloading of persons or
goods except if such vehicle is stationary for a reason beyond
the control of the person in charge of the vehicle, and
"parking" shall have a corresponding meaning;
" pneumatic tyre " meat,, a tyre composed of flexible material
and when in use kept inflated at an air pressure than
atmosphericpressure;
"prescribed " means prescribed by rules or regulations 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;
" 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;
ActNo. 12 " public road " has the meaning assigned to it in the Public Road:
of 2002 Act;
"public service vehicle" means a motor vehicle or trailel; 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)a hire-purchase agreement shall be deemed to be a
hiring; and
(6)goods shall be deemed to be carried for hire or reward
if the person who has purchased or otherwise
 Road Truflfic [No. 11 of 2002 119

acquired such goods from some other person

transports them to any other place, and resells 01-
otherwise disposes of them to the person from I

whom that person purchased or otherwise acquired

them;
" repealed Act " means the National Road Safety Council Act; Act No. 35 of
1995
" road " has the meaning assigned to it in the Public Roads Act; Act No. 12
of 2002
" road authority " means the authority responsible for the
construction, care and maintenance of any road or class of
road in accordance with the provisions of the Public Roads ~ cNo.
t 12
of 2002
Act,
'' road reserve " has the meaning assigned to it under the Public t 12
~ cNO.
of 2002
Roads Act:
" 1-o:rd ~ral'ficinspector " rneal~sany person appointedas such
under section nvo l~~trzrired
and r~wizr)*-six,
by the Agency;
" SAD(' " means the Southern African Development Community;
" structure " includes-

(0)any building, pole, power line, petrol pump.

machinery, wall, plantation or hedge and any other
object which could in like manner cause
obstruction: and
(b)any external alteration or addition to a structure;
" taxicab " means a public vehicle having seating rtccornmodation
for not inore 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:
"tonne " means one thousand kilogrammes;
"tractor" means a motor vehicle which is used for the purpose
of drdwing one or more trailers, but which is not itself designed
to carry any load:
" t~.:\ftic" incl ides vehicles, pedestrian... processions and hotfie.;
of tl-oops, and all animals being ridden. driven or led;
" trailer drivel-" means the person d r i ~ i the
~ ~ vehicle
g by wtiicli
the trailer is being drawn. and in respect of an animal drawn
vehicle, means the person driving the animals, and drive
" "

has i~corresponding meaning;

 120 No. 11 of 20021 Road Trafic

"Tribunal " means the Road Service Appeal Tribunal established

under section olze hulzclredu.lzdeleven;
" 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. steal11 electric or other power; and
" vehicle examiner" means any person appointed by the Agency
as vehicle examiner under section two Izulzdrpeda~zdtwe~zty-
six
PART I1
THEROADTRANSIWRT A N D SAFETY AGENCY
Establ~shll~en~ 3. (1) There is hereby established the Road Transport and Safety
Of Agency Agency which shall be a body corporate with perpetual succession
and a common seal, capable of suing, and of being sued in its corporate
name, and with power, subject to the provisions of this Act. to do all
such acts and things as a body corporate may, by law, do or perform.
(2) The provisions of the First Schedule shall apply to the Agency.
Functions 4. (1) Subject to the other provisions of this Act the functions of
and Powers
ofAgcncy the Agency shall be-
(a)to implement policy on road transport, traffic management
and road safety;
(6)to register motor vehicles under the Act;
(c) to issue licences and permits under the Act;
(cl) to pay out such percentage of money into the Road Fund
from revenues payable ~lnderthis Act in respec1 of fees
for licences, permits and concessions granted and
registration fees, as the Minister shall, after consultation
with the Minister responsible for finance and national
planning and the Agency. by regulations, prescribe;
( e ) to conduct road salety education and, through publicity
campaigns, undertake and assist in the dissemination of
information on road safety for the benefit of all sections of
the community;
(f) to coordinate road safety programmes;
(g) to approve road safety programmes undertaken by, any
person, body or institution:
 Road Trafic [NO.11 of 2002 121
Provided that no person, body or institution shall, without
the prior approval of the Agency, undertake any road safety
programme;
(h) in conjunction with local authorities,to formulate and conduct
programmes designed to promote road s&;t: ;
(i) to make contributions towards the cost of programmes for
promoting road safety undertaken by other authorities or
bodies; and
0)to carry out such other activities as are necessary ar codwive
to the performance of its functions under this Act.
(2) Without prejudice to the generality of subsection (1) and in
pursuance of their functions under that subsection the Agency shall-
(a)conduct studies on accidents arising out of the use of vehicles
on roads;
( 6 ) in the light of those studies recommend to the Government
new road safety measures and proposals for road safety
policy, taking into account technologicaldevelopment,legal
requirements and social and economic conditions;
(c) review and publish reports on the effectivenessof road safety
operations conducted by the police officers and road traffic
--
inspectors;
(d) in consultation with the Road Development Agency, ActNo. 12
established under the Public Roads Act, establishmad safety Of-
standards to be observed in the construction of roads and
during the maintenance of such roads;
(e) in partnership with the Curriculum Development Centre
develop a road safety cumculum to be used in schools in
Zambia;
(f)provide guidelinesfor the safe use of public roads, speedways
and racecourses by motor clubs;
(g) set the minimum specification for vehicles so as to comply
with road safety standards;
(h) review and publish reports on safety measures that may be
considered by the Road Development Agency during the
planning, designing and building of new roads and the
upgrading of existing roads in order to promote orderly
traffic flow and the creation of road safety consciousness
amongst all road users;
 122 No. 11 of 20021 Road Traffic

(i) review and publish standards of road fitness that vehicles

shall comply with in order to be fit to be driven on the
roads:
( j )undertake periodic reviews of existing road rraffic and road
safety legislation with a view to advising the Government
with regard to all necessary amendments;
( k ) revise and recommend to the Minister the upgrading of the
Highway Code, where necessary;
( I ) formulate and update the training programmes required for
dnving instructors and driving schools; and
(m)affiliate to, and liaise with,road safety organisations in other
countries, on road safety education, information and
materials.
(3) Notwithstanding the other provisions of this section the Agency
may, by direction in writing and subject to such conditions as it thinks
fit, delegate to any member, committee or the Director any of its
functions under this Act.
Composition 5. (1) The Agency shall consist of the following part-time members
of Agzticy
who shall be appointed by the Minister:
(a)arepresentative of the Pensions and Insurance Authority;
(b) a representative of the Passengers, Pedestrains and Cyclists
Association;
(c) a representative of persons with disabilities recommended
by the ministry responsible for community development
and social welfare:
(d)a representative of the Chartered Institute of Transport;
(e)a representative of passenger transport association;
(f) a representative of the truckers associations;
(g) a representative of the Medical Council of Zambia;
(h)a representative of the Attorney-General;
(i) a representativeof the ministry responsiblefor communications
and transport;
(j)a representativeof the ministry responsible for home affairs;
(k) the Director of the Road Development Agency;
(1) the Director of the National Road Fund Agency established
under the National Road Fund Act; and
(nt) one other person.
 Road Trafic [No. 11 of 2002 123

(2) The members referred to in paragraphs (a)to Cj) of subsection

(1) shall be nominated by their respective organisationsministries.
(3) The Director of the Road Development Agency and the
Director of the National Road Fund Agency referred to in paragraphs
(k) and (1) of subsection (1) shall be ex-oficiomembers of the Agency
and shall have no vote.
(4) The Chairperson shall be appointed by the Minister.
(5) The Vice-Chairperson shall be elected by the members of the
Agency from among their number.
(6) The Agency shall report to the Committee of Ministers on
Road Maintenance Initiative at such times and at such places as the
Minister may determine.
(7) The Committee of Ministers referred to in subsection (6) shall
comprise the Minister responsible for communicationsand transport
who shall be the Chairperson, the Minister responsible for works and
supply who shall be the Vice-Chairperson, and the Ministers
responsible for finance and national planning, local government and
housing, energy and water development,agriculture and co-operatives,
tourism, environment and natural resources and legal affairs.
(8) A person shall not be appointed as a member of the Agency if
the person-
(a)is an undischarged bankrupt;
(b) has been convicted of an offence under this Act;
(c) has been convicted of an offence involving fraud or
dishonesty;
(d) has been convicted of an offence under any other written
law and sentenced to a term of imprisonment of not less
than six months without the option of a fine.
6. (1) Subject to subsection (2), the Agency shall, with the approval Director,
of the Minister, appoint a Director on such terms and conditions as it
Sec~W'
and other
may, with the approval of the Minister, determine, who shall be the ,-
chief executive officer of the Agency and who shall, subject to the
control of the Agency, be responsible for the day to day administration
of the Agency.
(2) The Director shall attend the meetings of the Agency and any
committee of the Agency and may address such meetings, but shall
have no vote.
(3) The Director shall be the Secretary to the Agency.
 124 No. 11 of 20021 Road Traflc
(4) TheAgency shall appoint-
(a)a deputy director who shall be responsiblefor road transport;
and
(b) a deputy director who shall be responsiblefor road safety.
(5) The Deputy Directors referred to in subsection (4) shall-
(a)assist the Director in the performance of the Dimtor's duties
under this Act; or
(b)dischargethe functions of the Director if the Dhctor is absent
or is for any other reason unable to dischargethe functions
of the Director's office.
(6) The Agency may, on such terms and conditions as it may,
with the approval of the Minister determine, appoint such other staff
for the Agency as it considers necessary for the performance of its
functions under this Act.
PARTm
REGISTRATION OF MOTOR VEHICLES AND TRAILERS

Motor 7. (1) The Director shall keep registers of motor vehicles and
and trailers, and may upon payment of the prescribed fee, supply to any
trailer
registers person applying for dcopy of such entries as that person shows 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 an official capacity.
(2) Separateregisters shall be kept by the licensing officer in any
locality as directed by the Director.
(3) A licensing officer shall, within fourteen days, forward to the
D i t o r a copy of every entry made in that officer's register.
(4) Any licensing officer shall, upon application being made to
that officer by any other licensing officer, supply a copy of entries in
that officer's register relating to any motor vehicle or trailer specified
in such application.
(5) Alicensing officer shall allow any authorised officer to inspect
that officer's licensingregister at any time and shallpermit the authorised
officer to take a copy of any entry in the register relating to any specified
motor vehicle or trailer.
(6) A licensing officer may supply to any other person applying
for a copy of the entries relating to any specified motor vehicle or
traiieta copy of these entries on payment of the prescribed fee, where
the person showsthat there is reasonable cause for requiring such a
caw:
 Road Trafic [No. 11 of 2002 125

Provided that no fee shall be payable when the person to whom the
copies are supplied is an officer of the Governmentor a local authority
acting in an official capacity.
8. (1) On the recommendation of the Agency, the Minister may, Regismtion
by regulation, provide for re-registration of motor vehicles or trailers
on adate being not less than ten years after the previous re-registration
of motor vehicles or trailers.
(2) Notwithstanding subsection (I), any person who has been
issued with a registration book for a motor vehicle or trailer under this
Act shall surrender such registration book to the Licensing officer who
shall, upon payment of the prescribed fee by such person re-register
that motor vehicle or trailer and issue that person with a new registration
book.
9. (1) Any extract from a register or other records kept in terms Registers, etc.,
of this Act or any regulation made under it shall, if it purports to be to be accepted
as evidence
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 document 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 stated in the
registrationdocument.
10. (1) Notwithstanding the other provisions of this Act, where a M O ~ Ovehicle
~
to be cleared
motor vehicle is imported into Zambia, the owner or person in charge by Customs
and Interpol
of the motor vehicle shall produce, to a Customs Officer at a port of
entry, a declaration under the Customs and Excise Act in respect of Cap. 322
the motor vehicle.
(2) Where a declaration or certificateis produced under subsection
(1) the officer shall upon being satisfied that it complies with the
Customsand Excise Act, issue a Customs Clearance Certificate. Cap. 322

(3) The motor vehicle together with the Customs Clearance

Certificateissued under subsection (2) shall be presented to an Interpol
Officer at the port of entry or if the Interpol office is at Lusaka or at a
place of some considerabledistance fmm theport, the owner or person
in charge of the motor vehicle shall, within t M y days of declaring
 126 No. 11 of 20021 Road Traffic

that vehicle to the Customs Division, present the vehicle to an Interpol

Officer for veiification of the engine number, the chassis number. colour
and any other identification of the motor vehicle and the officer shall,
if satisfied with the authenticity of the motor vehicle issue an lnterpol
CleiiranceCertificate.
(4) Where a motor vehicle is acquired in Zambia. the person who
acy uires the motor vehicle shall, within thirty days of the acquisition,
present the vehicle together with the letter of sale. the change of
ownership certificate and the registration document of the motor vehcle
or ownership certificate at the Zambia Police Headquarters for lnterpol
clearance.
( 5 ) A person who fails to comply with subsection (1). (3) or (4)
or who presents a false declaration to a Customs Division Officer
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment for
a term not exceeding five years, or to both.
Registration 11. (1)Subject to the other provisions of this Act, no person shall use
of mottjr a motor vehicle or trailer unless such vehicle or trailer is registered in
vehicles and
trailers accordance with the provisions of this Act.
(2) An application for the registration of a motor vehicle or trailer
shall be made by the owner on the prescribed form within fourteen
days of change of ownership into the applicant's name.
(3) The licensing officer to whom such application is made shall
assign to the motor vehicle or trailer a registration mark and number
containing such feature as the Minister may, on the recommendation
of the Agency, by statutory instrument, prescribe and such registration
mark and number shall not be transferable on the sale or disposal of
the motor vehicle or trailer:
Provided that-
(a) a motor vehicle or trailer shall not be registered unless the
applicant produces-
(i) in the case of vehicles wholly manufactured or
assembled in Zambia, a certificate of local
manufacture or assembly; or
(ii) in any other case, a Customs Clearance Certificate;
and
( b )a motor vehicle or trailer shall not be registered unless it
complies with the provisions of this Act and of any
regulationsmade under it with regard to the maximum Kits
 Road Trafic [No. 11 of 2002 127

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 appointed under the Public
Roads Act from compliancewith such limits. t 12
~ cNO.
of200'2
(4) Notwithstandingthe other provisions of this section, all motor
vehicles shall be registered using the series of registration marks ending
with ZM from such adate as the Minister may, by statutory instrument,
appoint.
( 5 ) For the purposes of subsection (3):-
(a) a Customs Clearance Certificate " means a certificate given
"

by or on behalf of the Commissioner,Customs and Excise,

of the Zambia Revenue Authority 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 s a d motor vehicle or trailer; and
( b )" 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, or trailer setting
out particulars of the motor vehicle or trailer, the name of
the manufacturer or assembler and such other particulars
as may be prescribed and certifying that the motor vehicle
or trailer has been wholly manufactured or assembled in
Zambia.
(6) A licensing officer may, in accordance with such procedure
or suc11conditions 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 that person a particular registered letter or letters and
number which shall become the registration mark of such motor vehicle
or trailer.
(7) 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 document containing such
particulars as may be prescribed.
(8) Whenever it appears to the satisfaction of a licensing officer
that-
(a) the registration document issued to any person has been lost
or destroyed;
(h) the essential particulars of the registration document have
been defaced;
 128 No.11 of 20021 Road Trafic

(c)the registration document is in a state of dilapidation;or

(d)that space on the registration document is lacking for essential
particulars;
the licensing officer shall, on payment of the prescribed fee, issue a
duplicate of the registration document with the word " duplicate "
written thereon:
Provided that, where there is no space available in a registration
document for further essential particulars, no fee shall be charged for
the issue of a duplicate.
(9) Before a duplicateregistration document is issued on account
of defacement, dilapidation, or lack of space for essential particulars,
the old registration document shall be submitted to the licensing officer.
(10) If a motor vehicle or trailer does not bear a registration mark
as provided by this section, this fact shall be regarded asprimafacie
evidence that the motor vehicle or trailer has not been registered and a
police officer or road traffic inspector may detain the vehicle or trailer
until inquiries have been made.
(11) The onus of proving that the motor vehicle or trailer has
been registered rests upon the owner of the vehicle or trailer.
(12) The owner of a motor vehicle or trailer shall notify the
licensing officerof the District in which the motor vehicle or trailer is
registered of every change of address and of any other circumstances
or event which affects the accuracy of the entries in the register, and
shall at the same time forward the registration document for
amendment.
(13) The Director and any licensingofficer may request any owner
of a motor vehicle or trailer at any time to furnish information required
for the verification of the entries in the register.
(14) Any person who fails to comply with the provisions of
subsections (I) to (13)commits 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
offence, to a fine not exceeding three thousand penalty units.
Sale or 12. (1) A person shall at the time of the sale or delivery of a motor
transfer of vehicle furnish to the purchaser a letter of sale and change of owner&@
motor vehicle
:ertificate effectingthe sale.
 Road Trafic [No. 11 of 2002 129
(2) A person shall, at the time of transfer or delivery of a motor
vehicle, furnish to the person to whom the motor vehicle is transferred
or delivered a change of ownership certificate effecting the transfer.
(3) A letter of sale or change of ownership certificate effecting
the sale or transfer of ownership of a motor vehicle under subsection
(1) or (2) shall be in the prescribed form specifying-
(a) in the case of a seller or transferor, the seller or transferor's
full names and physical address; or
(b)in the case of a motor dealer, the motor dealer's full names,
business name and address;
and a f f i i n g that the motor vehicle in question has been lawfully sold
or transferred to the purchaser or transferee, and the letter of sale or
change of ownership shall be duly signed or endorsed by the seller,
transferor, or motor dealer.
(4) A person who contravenes subsection (1) or (2) commits an
offence and shall be liable, upon conviction, to a fine not exceeding
one hundred thousand penalty units, or to imprisonment for a period
not exceeding three years, or to both.
13. (1) On the change of ownership of a motor vehicle or trailer Change of
otherwiseother than by death- ownership

(a) the registered owner shall, within fourteen days, inform the
licensing officer of the District in which the motor vehicle
or trailer is registered in writing of the name and address
of the new owner, and the date of the change of ownership
of the motor vehicle or trailer and shall deliver that person's
motor vehicle or trailer's registration document and licence
to the new owner;
(b) the new owner shall, within fourteen days, deliver the
registration document to the licensing officer who shall
register the new owner:
Provided that where a person is under the provisions
of sectionfourteen entered in the register of the licensing
officer and in the registration document as the absolute
owner of a motor vehicle or trailer, the licensing officer
shall consult that person before registering a person as the
new owner of such motor vehicle or trailer.
(2) An application for registration of a new owner may be made
before the actual transfer of the motor vehicle or trailer, but the
registration of the new owner shall not be effective until the registration
130 No. 11 of 20021 Road Traffic
document has been surrendered to, and re-issued by, the licensing
officer.
--
(3) On the death of the registered owner of a motor vehicle or
trailer, the person who has custody of the motor veh~cleor trailer shall,
within fourteen days of its coming into that person'j custody, give
notice of the fact to the licensing officer of the District in which the
motor ~ehicle ur 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 unlawfully seized under a hire-purchase
agreement, but in such circumstances the following provisions shall
apply:
(u)the registered owner or the owner's representative shall, within
seven days of the seizure, deliver the motor vehicle or trailer
0
licence and the registration document to the person who
seized the motor vehicle or trailer and inform the licensing
officer in writing of the change of:ownership;
(6) the person who seizes the motor vehicle shall, within seven
days of receiving the motor vehicle or trailer licence and
the registration document, apply to the liceilsing officer to
be registered as the owner thereof in place of the registered
owner and shall be registered accordingly unless the
licensing officer thinks it fit to order otherwike;
( c )the licensing officer shall, if the licensing officer is satisfied
that the person whose name has been entered in the reglster
and registration document under section,~~~urreerz as the
absolute owner of the motor vehicle or traller, is unable
within seven days of the seizure, to procure the motor
vehicle or trailer licence and the registration document from
the registered owner or the registered owner's
representative, supply such person on recluest with duplicate
copies of the licence document and such person shall be
deemed to be the registered owner and the licensing officer
shall accept that person's 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 motor vehicle or trailer is
registered may render the vehicle or trailer liable to be impounded by
any road traffic inspector in uniform or by any police officer.
 Road Trafiic [No. 11 of 2002 131

(6) Nocwithsrandirig any other provisions in this section. where

the holder of motor dealer's vehicle licence acquires the ownership of
a motor vehicle or trailer by way c$ purchase, or otherwise. for the
puipose of resale. the procedure to be followed regarding the regisuation
of the change of ownership shall be prescribed.
(7) On the registration of 1: new owner. the licensing officer shr\ll
charge the prescribed fee, make necessary alterations to the registration
docuinent or issue a new registration document, and shall deliver the
altered or new registration document to the new registered owner as
the case m.ay be.
14. i1 ) Where the person entitled to the possession of a motor vehicle Position of
or trailel. i s not the absolute owner of the vehicle, but is registered as registered
owner who is
the ow~ierofthe vehicle, any person claiming to be the absolute owner nor absolute
of the vehiclc (hereinafter called the " c!aimantW)may apply to ~ h c owtier
licensing officer ol'the District in which the motor vehicle or trailer is
regisicsed to enter that person's name in the register, kind i n the
registr~tiondocument of the motor vehicle or trailer as the absolute
owner in addition to the name of the registered owner.
(2) On receipt of the application referred to in subsection ( I). the
licensing ot'ficer shall make such inquiries into the matter as the licensins
officer considers necessary and shall, depending on the officer's
tindin~s.enter the name of the absolute owner or refuse such entry:
Provided that any person aggrieved by such a decision may, within
thirty days, appeal to the Director.
(3) Where a decision made in accordance with subsection (2)
requires that the name of the claimant be entered in the registration
document, the registeredowner shall produce the document 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 document as h e absolute owner of a motor vehicle or
trailer ceases to be the absolute owner, that person shall inform the
licensing officer who shall thereupon delete the entries:
Provided that the licensing officer may delete the entries otherwise
than upon the information given by the claimant,if the officer is satisfied
that the person has ceased to be the absolute owner of the vehicle or
trailer.
15. ( 1 ) Every owner of a motor vehicle or hiler shall. if so required Fun~ishing
cv~denceof
by the Director or a licensing officer, furnish such evidence to the \\.cighL and
di~nrnsionsof
Director or licensing ofticer in regard to the net weight and lnaxin~uln motor vehicle
<)I' mi I ~ I .
weight. ~rl~.luding-
 132 No. 11 of 20021 Road Traffic

( a ) the weight that the manufacturers of the motor vehicle or

trailer state tha? such vehicle or trailer has been built to
car-r'y: and
(h)the recommended distribution of the weight over the several
axles of the vehicle and the height, length and width of the
motor vehicle or trailer,
and any person who fails to comply with any such requirement commits
an offence.
(2) The Director or a licensing officer may require-
(a) any dealer in motor vehicle or trailer to furnish a sworn
declaration specifying the net weight, maximum weight,
including the weight, that the manufacturer of the motor
vehicle or trailer state that such vehicle or trailer has been
built to cany, including the recommended distribution of
such weight over the several axles of the motor vehicle or
trailer, and thehgght, length and width of any motor vehicle
trailer sold by the dealer; and
(17) any builder of motor vehicle or trailer bodies to furnish such
a declaration concerning the weight and dimensionsof any
such body built by the dealer.

(3) Any dealer or builder who fails to comply with [he requirement
under subsection (2)commits an offence.
(4) Any applicant for a registration document or for a duplicate
licence or for a duplicate of such document or licence or any other
person required in terms of the provisions of this section to give any
information, who wilfully gives false, m~sleadingor inaccurate
information commits an offence, and shall be liable, upon conviction,
in the case of a first offence, to a fine not exceeding twenty-five
thousand penalty units and, in the case of second or subsequent offence,
to a fine not exceeding fifty tho~isandpenalty units.
Temporas) 16. (1) Any person who becomes the owner of a motor vehicle or
registration trailer which is not registered or licensed in terms of [hisAct. and who
card
wishes to take the motor vehicle or trailer for registration liorn the
District in which the person resides or carries 011 business, may apply
on the prescribed form to the licensing officer of he Dlstrlct from
which such person acquired such motor vehicle or tralle~.
(2) The licensing officer on receipt of the application rcf'e~redto
in subsection ( 1 ) and of the prescribed fee. and ilsatisi'ied that there is
in force in respect of the use of the motor vehicle or trailer a policy of
 Road TrafSic [No. 11 of 2002 133
insurance which complies with the requirements of section eighty-
eight, and which policy shall be valid for the whole period during
which such vehicle,or trailer may be used with temporary registration
cards attached to it, shall issue the applicant two temporary registration
cards on the prescribed form which shall be valid for a period of
fourteen days from the date of issue or for such lesser period as may
be specified on the temporary registration card.
(3) A person to whom temporary registration cards have been
issued in terms of this section shall-
(a)cause the temporary registration cards to be affixed to the
motor vehicle or trailer in respect of the cards which were
issued, in such position as may be prescribed;
( b )on or before the date of expiry of the period of validity of the
temporaty 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 the person resides or carries
on the person's business.
(4) Notwithstanding the provisions of subsection (2), a licensing
officer may 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 under it 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 the Road Development Agency from
compliance with such limits.
17. Temporary registration cards shall specify such particulars as Details
requ~redfor
may be prescribed. ternporaqy
reglstrdtlon
18. 'The licensing ofticer when issuing temporary cards shall endorse Particulars to
be endorsed
on the application form relating to the temporary cards such particulars npl~licn-
i!ll
tton forms
as may be prescribed.
19. A motor vehicle or trailer shall be deemed to be registered and Motor
licenced under this Act and a registriltion document shall be deemed
to have been issued under this Act for a motor vehicle or trailer if' valid
ri.~!,z!eor
cleemed to be
~rgisrered,
temporar) rcgistration cards in respect of the motor vehicle or trailer
are altazhcil to i t in the prescribed position.
20. ( I ) Before registering any motor vehicle or trailer, the licensing Special
ofl'icer shall verify all the particulars entered on the application form
and may. if the licensing officer considers it necessary, order tha~any
tion on
vehicles and
[""i'"s
such vehicle or trailer be taken to a vehicle examiner to be examined
134 No. 11 of 20021 Road Trafic

for the purpose of ensuring that it is of such construction and in the

condition as complies with the requirements of this Act and of the
regulations made under it.
(2) A licensing officer shall, in respect of any motor vehicle or
trailer which the officer has reason to believe is not in a fit and proper
condition or state of repair, or does not conform with the provisions
of this Act or any regulations made under it, have the power to order
that the 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 the vehicle examiner under the provisions of subsection
(1) or (2), or submitted to the vehicle examinerpursuant to a prohibition
under paragraph ('jjof subsection (1) of section twohundred and twelve,
finds that the 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 the vehicle examiner 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 of the defects list and
shall notify the owner 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 reexamination of 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
the vehicle examiner shall require, in the manner set forth in subsection
(3), the owner to remedy the defects.
(5) If a motor vehicle or trailer is not produced for re-examination
on the notified date or if the defects have not been remedied on the
notified date, or if, upon examination of a motor vehicle or trailer
under the provisions of this section, it is considered necessary in the
interest of safety, a vehicle examiner may prohibit the use of such
motor vehicle or trailer, or issue such other directions as the examiner
may think necessary restricting its use.
(6) Any order made under subsection (5) and any prohibition of
the use of 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 the vehicle examiner's
opinion the motor vehicle or trailer may safely be used on a road.
 Road Trafic [No. 11 of 2002 135

(7) When all the defects listed have been remedied to the vehicle
examiner's satisfaction,the vehicle examiner shall cancel the defects
list and, if the examination was made under the provisions of subsection
(I), the vehicle examiner shall inform the licensing officer that the
vehicle examiner has cancelled the defects list.
,(8) 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 the prescribed
fee shall be paid by the owner of a vehicle or trailer, and the fees shall
be allocated in the prescribed manner:
Provided that no fee shall be payable for re-examination for the
purpose of ascertaining whether defects have been remedied and no
fee shall be payable for an examinationpursuant to a prohibition under
paragraph Cf) of subsection (1) of section two hundred and twelve.
(9) If any owner of a motor vehicle or trailer is aggrieved by any
decision of a vehicle examiner, the owner may appeal to the Director
who may vary or cancel the requirements of the vehicle examiner or
dismiss the appeal.
(10) Any person who fails to comply with or who disobeys any
order made by a licensing officer under subsectiqn (1)or (2) commits
an offence.
(11) Any person who fails to comply with or who disobeys any
order made by a vehicle examiner under subsection (5) commits an
offence and shall be liable, upon conviction, in the case of a first offence,
to a fine not exceeding five hundred penalty units, and in the case of a
second or subsequent offence, to a fine not exceeding three thousand
penalty units.
21. (1) The Minister may, on the recommendation of the Agency, by ~ e soft
regulation,make provision for examinationof motor vehicles and trailers satisfactory
conditionsof
submitted for examination under this section and for the issue, where it is motor
vehicles and
found on such an examination that the requirements are compliedwith, or trailers
a certificate (hereinafter referred to as a " test certificate" ) that at the date
of the examination the saidrequirementswere complied with in relation to
the motor vehicle or trailer so examined.
(2) Where a test certificate is refused, the vehicle examiner shall
issue a notification of the refusal stating the ground thereof, and any
person aggrieved by the refusal may appeal to the Director within
thirty days; and on any appeal the Director shall cause a further
examination to be made and either issue a test certificate or confirm
the notification earlier issued by the vehicle examiner.
 136 No. 11 of 20021 Road Traffic
(3) The Minister may, on the advice of the Agency, by statutory
instrument, make regulations for the purpose of giving effect to the
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 provisions and maintenance of apparatus for carrying
out such examination;
(0)the manner in which the conditionsunder which the inspection
of premises at which apparatus with which the 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
(2),the information to be supplied and documents to be
produced on such application, examination or appeal, and
the repayment of the whole or part of the fee paid on such
an appeal ahere it appears to the Director that there were
substantialgrounds 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 or a
refusal to issue a test certificate;
(e)the issue of duplicates or test certificates lost or defaced, and
the fees to be paid for their issue;
flthe keeping by vehicle examiners or registers of test certificates,
and the inspections of such registers by such persons and
in such circumstances as may be prescribed; and
(g) the keeping by the vehicle examiners of such other records
as may be prescribed and the furnishing by them of returns
and information io the Director.
(4) Regulations under this section may make different provisions
in relation to different motor vehicles and trailers or classes of motor
vehicles and trailers.
Certificateof 22. If in any proceedings under this Act any question arises whether
to
a motor vehicle or trailer does or does not comply with any provision
admissible in of this Act or any regulation made under it, a certificate purporting to
evidence be signed by any person appointed by Gazette notice, by the Agency,
to act as a vehicle examiner for the purposes of this Act, that such
person has examined the vehicle or trailer and as to the result of the
 Road TraJj%c [No. 11 of 2002 137
person's examination,shall be admissiblein evidence and shall bepririlu
facie evidence of any fact or opinion stated therein relating to the
mattel 1 1 1 cluz~iionwithout calling as a witness the person who purpc,i-t~
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.
23. (I) Any person who uses a motor vehicle or trailer on a road at Obligatory
any time or causes or permits to be used a motor vehicle or trailer to test certificate
which this section applies and in respect of which no test certificate
has been issued within the appropriate period commits an oEence 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 (I), any motor
vehicle or trailer on which no test certificate is displayed may be
impounded by any road traffic inspector in uniform or by a police
officer.
(3) The motor vehicles and trailers to which this section applies at
any time shall be such as the Minister, on the recommendation of the
Agency, may, by statutory notice, determine.
(4) The Minister may, on the recommendation of the Agency, by
regulation exempt from subsection (1) and (2)-
( a ) the use of motor vehicles or trailers for such purposes as
may be prescribed; and
( h )the use of motor vehicles or trailers in any such road as may
be prescribed.
(5) The Minister may, on the recommendation of the Agency, by
regulation provide that, where application is made under section tlziq-
five for a licence of a motor vehicle or trailer to which this section
applies, licence shall not be granted except after-
(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 beused during
the period for which the licence is to be in force except
 138 No. 11 of 20021 Road TrafSic

for a purpose prescribed under subsection (3) or in an area

or on aroad prescribed under subsection (4).
(6) In paragraph (a)of subsection (9,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 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 " appropriate period " means a period of twelve
months or such shorter period as may be prescribed.
(8) Where within the appropriateperiod after the issue of a test
certificate, but not earlier than one month before the end of the period,
a further test certificate is issued in respect of 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 appropriateperiod.
(9) For the purposes of spreadingthe 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 coming into operation of this
section may appoint different days in respect of different
motor vehicles, trailers or classes of motor vehicles or
trailers;
(b)the regulations changing the length of the appropriateperiod
may be made so as to come into operation on different
days in respect of different motor vehicles, trailers or classes
of motor vehicles or trailers.

Provisions 24. The provisions of subsections (2), (3), (4), (5) and (6)of section
not appli-
cable to twenty, twenty-oneand twenty three shall not apply in relation to any
which Part motor vehicle or trailer to which the provisions of Part IX apply.
IX applies
Destruction 25. (1) When any motor vehicle or trailer is broken up, destroyed
or permanent
,,,,d or permanently taken out of Zambia, the person who at the material
motor vehicle time is the owner of such motor vehicle or trailer shall, within fourteen
or trailer
fromZambia days, notify the licensing officer of the District in which the vehicle or
trailer is registered and shall deliver up the registration document to
the licensing officer.
(2) The licensing officer may on receipt of such information and
the registration document assign the registration mark of such motor
vehicle or trailer to any other motor vehicle or trailer subsequently
registered by that officer.
 Road TrafSic [No. 11 of 2002 139
(3) Where a motor vehicle or trailer has not been licensed oi-
exempted from being licensed, for a consecutive period of t h e years.
its registration shall be cancelled by the licensing officer of the District
in which it is registered. and its registratior?mark may be assigned to
any motor vehicle or trailer subsequently registered by such licensing
officer 2nd a registration so cancelled shall be of no effect.
26. The following classes of motor vehicles or trailers shall bc Exemptiori
tr-o~n
exempt from the necd for registration: registration
(ii) motor vehicles or trailers in the possession of manufitctul-ers
01, or dealers in, motor vehicles or trailers, but subject to
such provisions as the motor dealer's 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 regulation made under this Act;
(c)trailers used exclusively for agriculture purposes and not used
on any public road; or
(d) any other motor vehicle or trailer as may, by regulation, be
exempted from registration.

27. ( I )There shall be fixed and maintained on every motor vehicle Registration
lnarks
and trailer in such a manner as may be prescribed the registration
mark and number referred to in subsection (3) of section eleven.
( 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 end 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.
28. ( 1)A person who manufactures a registration mark and number Prohibition of
manufacture
shall obtain a permit from the Director and comply with such terms ofnumber
plates
and conditions as the Director may determine. without serial
number
(2) Any person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding five years. or to both.
 140 No. 11 of 20021 Road Trafic
Offencesin 29. (1) If the registration marks and numbers to be fixed and
connection
with maintained in accordance with this Act and regulations made under it
registration
marks are so fixed and maintained and, are in anyway obscured or rendered
or allowed to become not easily distinguishable,the person driving the
motor vehicle or trailer and its owner commits an offence, and shall be
liable, upon conviction, in the case of a first offence to a fine not
exceeding seven hundred penalty units, and in the case of a second or
subsequent offence, to a fine not exEeeding one thousand fivehundred
units:
Provided that aperson 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,the person
proves that the person has taken all steps reasonably practicable to
prevent the mark from being obscured or rendered not easily
distinguishable.
(2) A person who knowingly drives or is in charge or control of
motor vehicle which bears a false registration mark commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment not exceeding five years,
and in the case of a second subsequentoffence, to a fine not exceeding
five hundred thousand penalty units or to imprisonment for a period
not exceeding ten years, or both.
(3) Notwithstanding anything contained in subsection (I), any
motor vehicle or trailer having false registration marks and numbers
affixed may be impounded by any road traffic inspector in uniform or
by any police officer.
PART IV
VEHICLE LICENSING
Vehicles to be 30. (1) No person shall use, or being the owner s h d cause or pmnit
licensed to be used upon a road, any motor 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 motor 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 motor vehicle or trailer under
this Part.
(2) Any person who contravenes the provisions of subsection (1)
commits an offence, and shall be liable, upon conviction, to a fine not
 Road Trafic [No. 11 of 2002 141
exceeding treble the amount of tax payable on an annual licence for
the motor vehicle concerned:
Provided that a person shall not be convicted of an offence uncier
t h ~ sqection by reason of not holding a valid licence if that person
proves that such person 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 vehiclz
or tra~lelon which no valid licence is displayed may be impounded by
any road traffic inspector in uniform or by any authorised officer.
31. (1) Vehicle licences in respect of vehicles other than motor Form of
vehicles and trailers shall be in the prescribed form and shall be issued licence
by a licensing officer.
(2) An application for the licensing of a vehicle or trailer shall be
made in the prescribed form.
(3) A person applyingfor a licence for a vehicle under this section
shall furnish to the licensing officer such particulars as may be
prescribed.
(4) On being furnished with the particulars required by subsection
(3) the licensing officer shall, subject to the provisions of this
Act, issue a licence to the applicant.
( 5 ) A licensing officer who is satisfied that a vehicle licence duly
issued under this section has been lost or destroyed shall, upon payment
of the prescribed fee. issue a duplicate of the vehicle licence.
32. Every vehicle licence, not being a licence for a motor vehicle or Duration of
trailer; shall be in force from the date of its issue until the next ensuing licence
3 1" December.
33. r 1) The owner of a vehicle, not being a motor vehicle or tra~ler, Ownel' to
to whom a vehicle is issued shall be provided with a licence or token receive
licence or
which shall be in the form prescribed as suitable for the particular token
class or type of vehicle, and shall maintain the licence or token affixed
while valid in a conspicuousplace on the vehicle in respect of which it
is issued.
(2) Where a licence or token referred to in subsection (1) is lost,
a new licence or token may be issued to the owner on payment of the
prescribed fee.
34. (1) Every person who transfers the ownership of a vehicle Transfer of
licence of
not being a motor vehicle or trailer shall, within fourteen days, deliver vehicle other
the vehlcle licence to the licensing officer and shall inform the licensing than motor
vehicle or
officer in writing of the name and address of the transferee. trailer
 142 No. 11 of 20021 Road Trajfic

(2) On application by the transferee and on payment of the

prescribed fee, the licence, amended as may be necessary, shall be
registered.
Ap lication 35. An application for the licensing of a motor vehicle or trailer
forficence shall be made on such form as may be prescribed or, if no such form
is prescribed, in person or by letter.
Issue of 36. Subject to the provisions of this Part, licences in respect of
licences motor vehicles and trailers shall be issued by the licensing officer to
which application is made, who shall enter on such licence such
particulars as may be prescribed, including the purpose for which the
motor vehicle or trailer is being licensed.
Conditions to 37. A licensing officer shall not issue a motor vehicle or trailer
be satisfied
before issue ..licence unless the motor vehicle or trailer has been duly registered, or
of licence renew a motor vehicle or trailer licence unless that person is satisfied
that the motor vehicle or trailer does not differ in any respect from the
particulars in the register.
Alteration in 38. (1) Where the holder of a motor vehicle or trailer licence desires
conditions on to use the motor vehicle or trailer for apurpose not authorised by the
which
licence is licence, or where, after the issue of a licence, a motor vehicle or trailer
issued
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:
Provided that in such cases the new licence shall not be issued until
the old licence has been surrendered.
(2) The licensing officer shall require the holder to pay, or shall
refund to the holder, 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 one hundred and
one penalty units shall be deducted.
(3) 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
document.
Duration of 39. Every motor vehicle and trailer licence shall be in force from
licence 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 quarterin which the licence
was issued;
 Road TrafSic [No. 11 of 2002 143
(b) if a half-yearly licence, the last day of a six month period
beginning on the 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.
40. (1) If upon an examination of a motor vehicle or trailer under Suspension
the provisions of subsection (2) or (3) of section twenty or under the or refusal of
provisions of twenty-one,the motor vehicle or trailer is found to be so licence
constructed or in such a condition as to be a source of danger to any
person travelling in the motor vehicle or trailer, or to any users of the
road, or to be injurious to the roads themselves, or if the owner of the
motor vehicle or trailer fails by the notified date to remedy the defects
pointed out by the motor vehicle examiner, the Director 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 111 respgxt of
which the licence is so suspended or for which the renewal ofAe
licence is refused may, within thirty days, appeal against the decision
of the Director to the Minister, who may, if the Minister thinks fit,
direct the Director 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 IX applies.
41. If a motor vehicle or trailer licence is lost, defaced, mutilated Duplicate
or rendered illegible, the licensingofficer shall issue a duplicate licence motor
on payment of the prescribed fee: vehicle or
trailer
Provided that, if any such licence be subsequently found, the holder licence
of the duplicate shall immediately deliver up to the licensing officer
the duplicate, and any person knowingly retaining or having in that
person's possession both an original and a duplicate licence commits
an offence under this Act.
42. (1) Subject to the other provisions of this section, the taxes Taxes
specified in the Second 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 Second Schedule, for every half-yearly
licence there shall be paid fifty-fiveper centum of the tax set out in the
Second Schedule, and for every quarterly licence thirty per centum of
tax set out in the Second Scheduleshall be payable.
 144 No. 11 of 20021 Road TraSfic
(3) The holder of a motor vehicle or trailer licence other than a
qu'uzerly licence shall, on surrenderingit for cancellation to the licensing
officer who issued the licence. be entitled to a refund of one-twelfth
part of annual tax paid on the licence for each complete calendar month
of the licence period still to run:
Provided that-
( a ) the sum of one hundred and one penalty units shall be
deducted from the total amount so computed and shall not
be refunded;
(h)the licensing officer may, where it is proved to the licensing
officer's 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 provision contained in this section, the
tax payable in respect of vehicle, motor vehicle and trailer licences
issued on or after the 6"'of July, shall be computed-
( a )for the period from 6" July, to 30thSeptember, both dates
inclusive, at the rate in force immediately before the 6h
July;
( 6 )for any period after the 30thSeptember, at the rate in force
on the 6IhJuly; and the tax so computed shall be payable in
respect of the licence.
Licence to 43. (1) Every motar vehicle or trailer licence shall be canied on the
be carried on vehicle or trailer in the manner prescribed when the vehicle or trailer is
motor
vehicle or in use:
trailer Provided that a motor vehicle's 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 may be inspected on demand
by any traffic inspector in uniform or by a police officer or by any
other person so authorised in writing by the Director.
Penalty for 44. Any person who shall manufacture or be in wilful possession
affixing false of or wilfully affix any false licence or token to any vehicle, or who
licence or shall affix a licence or token to vehicle other than the vehicle in respect
token
of which it was issued, commits an offence to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a period
not exceeding tive years, and in the case of a second or subsequent
offence, to a fine not exceedingfive hundred thousand penalty units
or to imprisonment for a period not exceeding ten years, or to both.
 Road Traffic [No. 11 of 2002 145
45. Notwithstanding any other provision contained in this Part, a MO~O,
licensing officer may issue to a dealer in, or manufacturerof, motor
vehicles and trailers, who makes application in the prescribed form, a licence
~~~~~~
motor dealer's vehicle licence in the prescribed form which, subject
to the payment of the tax specified in the Second Schedule and to the
provisions of sectionforty-six tofijly-one, 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 in the
motor dealer's vehicle licence.
46. A motor dealer's vehicle licence shall authorise the use of any Use of motor
motor vehicle or trailer for purposes of being driven to the motor dealer's
vehicle
dealer's place of business after delivery to the motor dealer, or being licence
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:
Provided that a motor dealer's vehicle licence shall not authorise
the caniage of passengers of 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 witha view to purchase.
47. (1)The licensing officer shall assign sufficient identification Motor
dealer's
numbers and, if so prescribed, sufficient discs or other tokens in the identification
prescribed form to identify all vehicles and trailers used under the plates
authority of a motor dealer's vehicle licence, and shall enter such
number in the licence.
(2) 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 purposes set forth in sectionforty-six
and shall be fixed pr suspended on the vehicle or trailer in the prescribed
manner.
48. (l)A motor dealer's vehicle licence shall continuein force from Duration of
motor
the date of its granting until the next following 31" December: dealer's
Provided that the licence shall cease to be valid if the motor dealer 'vehicle
licence
ceases to carry on business in the District in which it is issued.
(2) A motor dealer's vehicle licence may be bmiTerred or assigned
to any other motor dealer with the approval of the licensing officer.
49. For each separate identification number included in a motor Fees for each
identification
dealer's vehicle licence a fee shall be charged as specified in the Second number of motor
Schedule. dealer's vehicle
licence
50. Where the holder of a motor dealer's vehicle licence is convicted Cancellation
before any court of an offence contrary to any of the provisions of this of motor
dealer's
Act or of any regulations made under it relating to such licences, the vellicle
court may in addition to imposing any other penalty order the licence
cancellation of the licence.
 146 .. No. 11 of 20021 Road Traflc
Motor -- 51. (1) No motor dealer's vehicle licence shall be used for any
dealer's
vehicle purpose not provided for in this Act.
licence not to
be misused (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 the holder of the licence
accompanies such vehicle, and any person so using a motor vehicle or
trailer, commits an offence.
Farm vehicle 52. Notwithstanding any other provision contained in this Part, a
licence licensing officer may issue to any farmer who makes an application in
the prescribed form and manner a farm vehicle licence which, subject
to the payment of the tax specified in the Second 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 in the prescribed form, subject to the following provisions:
(a) the motor vehicle and trailers used under such licence shall
not be used on any public road except-
(i) for the purposes of proceeding to or from a workshop
for the purposes of maintenance or repair;
(ii) for the purpose of going from one portion of land
belonging to or in the occupation of the owner of
the farm vehicle to any other portion;
or
(iii) for the purpose of complyillg with the provisions of
. this Act or any regulations made under it or with
any order or direction made or given under the Act
or regulations, relating to the examination of vehicles;
(6)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.
Contract cars 53. (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.
 Road TrafSic [No. 11 of 2002 147
(3) Any person who fails to comply with the provisions of this
section commits an offence.
54. The revenues collected under the provisions of this Act shall Duty to remit
fees
be paid into the general revenues of the Republic and the Road Fund
in such proportion as the Minister responsible for finance may
determine.
55. (1) The provisions of this Part shall not apply- Provisions of
(a) subject to the provisions of sectionforty-jive tofifty-one, to EzzTt
any vehicle or trailer held for the purpose of sale only; cemn
vehicles
(6) to any vehicle or trailer for which a licence is required under
any other law for the time being in force;
(c) to vehicles owned by the Government and the President,
operation vehicles of Defence Forces and such other
vehicles as the Minister may, by statutory instrument,
prescribe;br
(d) to 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 licenced under
this Act or in accordance with any regulations under this
Act.
PART V
LICENCING OF DRIVERS OF MOTOR VEHICLES AND DRIVING SCHOOLS
56. (1) No person shall drive a motor vehicle unless that person is d river of
the holder of a driving licence authorisingsuch person to drive a vehicle ~~~~i~~~~~~
of that class or description.
(2) No person shall permit or employ any person to drive a motor
vehicle on a road unless that person is the holder of driving licence
issued under this Act.
(3) Any person who acts in contravention of any provision of
subsection ( 1 ) or (2) commits an offence and shall be liable, upon
conviction, in the case of a first offence, to fine not exceeding one
thousand five hundred penalty units, and in the case of the second or
subsequent offence, to a fine not exceeding one thousand penalty units:
Provided that this section shall not apply to any person who is the
holder of an international dnving permit or of any other driving licence
or permit issued outside Zambia, or of a miiitary driving licence, or of
the equivalent of such licence or permit, which is deemed, by regulation
under this Act to have effect within Zambia as though it were adriving
licence issued under sectionfifty-nine or sixty-one.
 148 No. 11 of 20021 Road Trafic
(4) Subject to the provisions of subsection (1) or (2), any motor
vehicle which is driven on a road by any person who is not the holder
of a valid driving licence authorising that person to drive a vehicle of
that class or description. may be impounded by any road traffic
inspector in uniform or by any police officer.
(5) 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.
Tests of 57. (1) A licence authorising the driving of motor vehicles of any
competence
to dnve class shall not be granted to any person unless the person satisfies the
Director-
(a)that at some time during the period of two years ending with
the date the application is made but not earlier than the
appointed date the person has passed the test of competence
to drive prescribed under subsection (2);
(b)that at some time not earlier than the appointed date the person
has held a full licence authorising the driving of vehicles of
that class;
(C ) that at some time during the period of two years ending with
the date the application is made the person has passed the
test of competence to drive vehicles of that or a
corresponding class conducted under the law of another
SADC Member State or country of the Commonwealth.
(2) The Minister may on the recommendation of the Agency, by
regulation, make provision with respect t o -
(a)the nature aftests of competence to drive for the purposes
of this section;
(6) the qualifications, selection and appointment of persons by
whom the tests may be conducted and the revocation of
any appointment of such persons; and
(c) evidence of the results of tests referred to in this subsection
and generally with respect to such tests.
(3) Regulations re'f%rredto in subsection (2) may provide-
(a)a person submitting oneself for a test to provide a vehicle for
the purposes of the test which regulation may also prescribe
the type of vehicle in relation to the type of vehicle licence
being applied for:
 ..
Road Trafic [No. 11 of 2002 149

Provided that in the case of an application for a vehicle

licence to drive prescribed types of goods vehicles,
regulations under this section may require a person
submitting oneself for a test to provide a vehicle which is
loaded or unloaded as the case may be and, if requirements
as respect loading are prescribed, loaded in accordance
with the requirements;
(b) a fee of such amount as may be specified in the regulations
to be paid by a person who submits oneself for a test or
applies for an appointment for a test;
(c) that the person submitting oneself for a test and failing to
pass that test shall not be eligible to submit oneself for
another test by the same or any other person before the
expiration of the period specified in the regulations, except
under an order made by a court;
and different regulations may be made with respect to the test of
competence to drive different lunds of vehicles.
58. (1) On the application for the review of the conduct of a test a Review of
person who has submitted oneself for a test of competence to drive a conduct of
test
court may determine whether the test was properly conducted in
accordance with regulations.
(2) The court may, if it appears that the test was not so conducted-
(a) order that the applicant shall be eligible to submit oneself for
another test before the expiration of such period as the
court may specify; and
(b) order that any fee payable by the applicant in respect of the
test shall not be paid or if it has been paid, shall not be
repaid.
59. (1) An application for a dnving licence or for a d u p b k d r h h g Application
licence or for the renewal of such licence or for the extension by for issue of
driving
endorsement,of a driving licence, shall, subject to the provisions of licence
subsection (2),be made to a licensing officer and shall be in such
form as may be prescribed.
(2) An application under the provisions of subsection (1)shallbe
made to the Agency.
(3) Any person making an application under this section shall
comply with such conditions and make such declaration as may be
prescribed:
 150 No. 11 of 20021 Road Trafic
Provided that where conditions are so pr~scribedthe Director 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 regulation
made under it and on payment of the prescribed fee, a licensing officer
or the Director shall issue, renew or extend a driving licence or a
duplicate driving licence.
(5) Driving licences shall be renewed or extended in such manner
as may be prescribed.
Driving tests 60. (1)A driving test shall be conducted by adriving examiner, and
the form of the test shall be in accordance with the general instructions
laid down by the Director and every person taking a test shall comply'
with such conditions as the Agency may, with the approval of the
Minister, prescribe.
(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.
R.ov~sionai 61. (1) Notwithstanding anything to the contrary contained in
drtving
licences sectionfifty-sixand subject to subsection (2), a licensing officer may
issue a provisional driving licence or any licence to any person who
wishes to learn to drive a motor vehicle and applies for such licence in
such form and manner, if any, as may be prescribed.
( 2 ) For the purpose of subsection (I), a person shall be required
to pass a prescribed theory test conducted, by a driving examinel; for
the purpose of obtaining a provisional driving licence.
(3) A provisional driving licence shall be in the prescribed form
and shall entitle the holder, for aperiod of three months from the date
of issue in the case of any motor vehicle other than a motor cycle, to
drive, upon any road, a motor vehicle of the class in respect of which
it has been issued.
(4) A person issued with a provisional driving licence shall whilst
driving a motor vehicle at alltimes be under the supervision of a person
who shall sit beside that person or, if this is not possible, as near as is
practicable, and who shall be in possession of a licence to drive the
vehicle and such plates as may be prescribed shall be displayed upon
such vehicle.
 Road TrafSic [No. 11 of 2002 151
(5)The plates referred to in subsection (4) for use when a person is
under instruction shall be removed when any person holding a valid
driving licence issued under sectionfiftr-nine is driving the vehicle.
(6) Subsections (4) and (5) shall not apply to a vehicle used
specially for driving instructions and owned by a person licenced in
accordance with section seventy-one as a driving instructor or 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.
(7) 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 specified in subsection (4) 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.
(8) Where a public service vehicle is being driven by the holder
of a provisional driving licence, no person other than the person
supervising the driving of the vehicle by the holder in accordance with
the provisions of subsection (2) shall be carried as a passenger in the
vehicle:
Provided that-
(i) the provisions of this subsection shall not apply where a person
is being carried in the vehicle for the sole purpose of
receiving instruction in the driving ofsuch vehicle; and
(ii) only the person being carried for the purpose of receiving
instruction shall be in the front seat with the driving
instructor.
(9) Any person failing to comply with the provisions of this section
commits an offence and shall be liable, upon conviction, in the case of
the 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.
(10) Notwithstanding anything contained in subsection (9), any
motor ~ehiclein 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.
62. Alicensing officer shall not issue a provisional driving licence ~ ~ ~ ~ ~ ~ z l '
to any person who I S unable to certify in the prescribed manner that
the person's physiclue, vision, hearing, body and mental fitness are
 152 No. 11 of 20021 Road Trafic
such as to warrant the issue to that person of a licence, and before
issuing a provisional driving licence the licensingofficer shall require
the applicant to produce a satisfactory medical certificatein such form
as may be prescribed, signed by a registered medical practitioner.
Classes of 63. (1) A ~ i v i n licence
g and a provisional driving licence, unless
motor expressed to be valid for all classes of motor vehicle, shall be valid
vehicle
only for the class or classes of motor vehicle specified in the driving
licence, but may by endorsement of the licence in the manner and
form prescribed, and on payaent 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 the applicant's 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.
Ageof driver 64. (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 that person .
has attained the age of sixteen years; or
( b ) to drive a construction vehicle, a heavy goods vehicle or an
articulated vehicle, unless that person has attained the age
of eighteen years; or
(c ) to drive a public servicevehicle carrying passengers for hire
or reward, or a private motor minibus used otherwise than
for private or domestic purposes, unless that person has
attained the age of twenty-five and acquired at least G o
ye:cs of driving experience; or
( d )to drive any motor vehicle not mentioned in paragraph (1)
( O) or (c), unless that person has attained the age of eighteen
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 percentum of
the load is borne by the drawing vehicle.
(3) Any driving licence or provisional driving licenceobtained~
contravention of this section shall be void.
 Road Trafiic [No. 11 of 2002 153

(4) Any person contravening the provisions of tlus section commits

an offence.
65. (1 ) A person applying to undergo a driving test shall pay the Driving lest
prescribed fee. fees

(2) If a person fails to present oneself for the test for which that
person has applied, the fee paid shall be forfeited:
Provided that if that person gives forty-eight hours' notice of that
person's inability to appear for any test which has been arranged for
such person, the fee paid shall be refunded to that person.
(3) The disposal of fees forfeited in terms of subsection (2) shall
be as may be prescribed.
(4) No fee shall be payable in respect of a test carried out as a
result of an order passed under paragraph ( c )of subsection (1) of
section sixty-eight.
66. (1)Driving licences shall be in such form and be valid for such F O and ~
period as may be prescribed; duration of
driving
Provided that different forms and different periods of validity may licences
be prescribed fur different types of driving licences.
( 2 ) Duplicate driving licences shall be in such form and may be
issued in such circumstancesand 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 the licencing ofkker
in person for the purpose of affixing such signature, mark or
photograph.
(4) The Agency, with the approval of 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 a date after which licences, or any specified type of
licence, shall cease to be valid;
 154 No. 11 of 20021 Road Trafic
(c) provide for the replacement of 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-
" type " in relation to a licence, means a licence authorising the

holder of the licence to drive vehicles of a certain class or

description, or certain classes or descriptions.
Fees for 67. (1) There shall be payable in respect of a driving licence the
licences
fee prescribed in the Fourth Schedule.
(2) There shall be payablein 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 Road Fund and
the general revenues of the Republic in such proportions as the Minister
responsible for finance may determine.
Revocatiorl 68. (1) Notwithstanding anything to the contrary contained in this
elc., of
driving Act, the Director may-
licences
(a)revoke a licence or an endorsement authorising the holder of
such licence or endorsement to drive a public service vehicle
if, in the opinion of the Director, the conduct or character
of the holder is such as to render the holder unfit to drive
such vehicle from the point of view of the safety of the
public;
(b) revoke a driving licence of any person who appears, in the
opinion of the Director, to be suffering from a disease or
disability likely to cause the driving by the person of a
motor vehicle to be a source of danger to the public; or
(C ) order a fresh driving test by a driving examiner in the case of
any holder of a driving licence who appears to the Director
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 Director shall revoke that person's licence.
(2) The Director may at any time cancel or vary an order made
by the Director under this section.
 Road Trafic [No. 11 of 2002 155

(3) No revocation may be made under this section unless the

licence holder concerned has first been given an opportunity to make
representations to the Director.
(4) Any person aggrieved by an order decision of the Director
under this section may appeal to the Tribunal 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 Director.
69. (1)Any person aggrieved by the refusal of a licensing officer Appeals
or of the Director to issue a driving licenceunder this Part may, within
thuty days of such refusal, appeal to the Tribunal or, where the appeal
is from a refusal of the Tribunal to the High Court the form and manner
of appeals to the Tribunal.
(2) An appeal against a refusal to issue a driving licence or a
duplicate driving licence shall be in such form and manner as the
Minister may, by regulations, prescribe.
70. (1) No person shall teach for gain the driving of motor vehicles Control of
except under the authority of a licence, hereinafter referred to as an driving
schools and
instructor's licence, issued by the Director, and no person shall set up of the
or maintain an establishmentfor teaching for gain the driving of motor teaching for
gain
vehicles save under the authority of a licence, hereinafter referred to
as a driving school licence, issued by the Director.
(2) Any person who contravenes any of the provisions of this
section commits an offence.
71. (1) A person applying for an instructor's licence or for a driving Instructor's
school licence or a variation of any of the conditions of any such licencesand
~ v i n
licence shall apply to the Agency in the prescribed form and shall
hcences
submit to the Director such particulars as may be prescribed.
(2) On receipt of an application for an instructor's licence, the
Director shall cause the applicant's competenceto be tested, and may
in case Of any application for an instructor's licence or a drivingschool
licence or any variation thereof, if that person considers it necessary,
cause td b&Gerified *thefdcti stated therein, and shall then, if the
application is in order, and if all the information that the Director
 156 No. 11 of 20021 Road Traflzc

requires is provided, consider it, and shall grant or refuse a licence or

variation,as the casemay be, subject to such conditions as the Director
may impose.
(3) Licences shall be valid for such period as may be prescribed
and shall be subject to the payment of such fees as may be prescribed.
Appeals. 72. If the Director refuses to issue an instructor's licence or driving
concerntng school licence or a variation of the conditions thereof, the applicant
driving school
licences or may appeal to the Tribunal in accordance with such procedure and
instructor's
licences upon payment of such fees as may be prescribed.
Instructors's 73. An instructor's licence and driving school licence shall be
licences and
driving school personal to the person who is teaching the driving of motor vehicles or
licences not who is the proprietor of the driving school, as the case may be, and
transferrable
shall not be transferable.
Inspection of 74. The Agency, with the approval of the Minister may, by statutory
premises, etc.
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, &e suitable,
and that the instructors are competent;
( b )providing for the revocation of instructor's 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 the Agency may consider
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.
PART VI
ENDORSEMENT, SUSPENSION AND CANCELLATION OF DRIVING LICENCES
Powers of 75. (1) Any court before which a person is convicted of an offence
court
under this Act-
( a )may in accordance with the Third Schedule. and unless the
court thinks fit to order otherwise, if the person convicted
holds a drivi~glicence or its equivalent granted in any other
country and which is valid in Zambia-
 .--
Road TrafSic [NO.Zibf 20027 157 .
(i) suspend the licence or its equivalent, for such time
as the court thinks fit; or
(ii) cancel the 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, unless the court for special
reasons thinks fit to order otherwise declare that person
disqualifiedfrom obtaining a licence in Zambia for a stated
period;
(b) may in ~ ~ c o ~ d a with
n c e the Third Schedule order that
particular's of the conviction and of any suspension or
cancellation of the driving licence and any disqualification
to which the person has become subject shall be endorsed
on the licence or its equivalent held by that person;
(c) may in cases where a licence is suspended or cancelled order
that the person be disqualified from holding or obtaining a
licence i n Zambia unless and until that person 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 before which a person is convicted of the offence
of theft of motor vehicle under the Penal Code shall if the person Cap-87
convictedholds a driving licence granted in Zambia or a driving licence
granted in any other country and which is valid in Zambia, suspend
the licence for a period twice the term of imprisonment to which the
person is sentenced:
Provided that where a person is convicted for the third time the
court shall cancel the person's driving licence and declare the person
disqualified from obtaining another licence in Zambia for life.
(3) Any court, hereinafter called the "convicting court", making
an order under the provisions of subsection (1) or (2) shall cause a
copy of such order to be sent to the Director.
(4) Where the convicting court or any other court varies an order
made under the provisions of subsection (I), the convicting court shall
cause the Director to be notified of such variation.
( 5 ) Where the Director receives a copy of an order or is notified
of a variation of an order, under the provisions of this section, the
 158 No. 11 of 20021 Road Trafic
Director shall cause the order of variation to be recorded in such manner
as may be prescribed.
76. A person whose licence by virtue of an order of a court is
suspended or cancelled or who is dsqualified 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.
Production 77. Where an order is made requiring any licence or its equivalent
of driving
licence for held by an offender to be endorsed in such manner as the Minister
endorsement may, by statutory instrument, prescribe-
(a) if the offender is at the time the holder of a licence or its
equivalent that person 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 the holder of licence but subsequently
obtains a licence that person 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 specified in paragraph (a) or (b),that person commits
an offence under this Act;
(d) if the licence or its equivalent is not produced for the purpose
of endorsement within such time as specified in paragraph
(a)or (b), it shall be suspended from the expiration of the
time referred to in those paragraphs until it is produced for
the purpose of endorsement.
Suspended 78. A driving licence or its equivalent suspended by a court shall
licence to be
of no effect 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
the disqualificationbe disqualified from obtaining a driving licence.
Application 79. (1) Any person whose driving licence is by virtue of a conviction
for removal
of disqualiti- order suspended or who is by virtue of a conviction order disqualified
cation from holding or obtaining a driving licence may apply to the court
before which the peischn wasconvicted cir by w h i l the brder'was
made to cancel the suspension or remove the disqualification:
 Road Trafic [No. 11 of 2002 159

Provided that no such application shall be made before the expiration

of whichever is relevant of the followingperiods from the date of the
conviction order by virtue of which the suspensionor 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 periodof the disqualification or suspension if
it is for less than six years, but not less than a year; or
( c ) three years in any other case.
(2) Notwithstanding paragraphs (a),(b)and (c) of the proviso to
subsection (I), if in the opinion of a court,circumstances are such as
to justify the removal of the suspemion or disqualification of a driving
licence in a lesser period, the court may direct accordingly.
(3) In determining the expiration of the period for which a licence
is suspended or a person is disqualifiedby 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 for such suspension or for the removal of such
disqualification, any time after the conviction during which the
suspensionor disqualificationwas suspended or that person's licence
was not suspended or that person was not disqualified shall be
disregarded.
(4) Upon an application under this section a court may if it thinks
proper, having regard to the character of the person whose licence is
suspended or who is disqualified and that person's conduct subsequent
to the conviction order, the nature of the offence and any other
circumstances of the case, by order remove the suspension or
disqualification 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 under it shall not be entertained if made within
three months after the date of the refusal.
( 5 ) If the court orders a suspension to be cancelled or a
disqualiticationto 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 applikant, and the court shall have power to order the
applicant to pay for the whole or any part by h e cost of the application.
80. Where aka result of any order passed prior to the appointed Removal of
~ ~ ~ ~ ' i f i c a -
date a person is disqualifiedfmm holding or obtaining a driving licence
longer
provided for
 . ,'
Road Trafic-ll,!.:-
f .
160 No. 11 of 20021 ..,

or that person's licence is suspended, and where~such~disqualification

or suspension is no longerprovided for in thighct, the court shall,
upon the application of the person concaaed, cancel such
disqualification or suspension.
81. If any person- 71 Fraudulent
(a) who under the provisions of this Act is disqualified from application
fordriving
holding or obtaining a driving licence%ppli&sfor or obtains licence
a licence while that person is so disqualified,w if ahy person
while disqualified or while the IicencCis suspended drives
a motor vehicle on a road or, if thejdisqualification or
suspension applies to the driving of a motor vehicle of a
particular class or description, drives.a,qotorvehicle of
that class or description, on a road; or, :
(b) who has been refused alicence applied f& 02dbtains a licence
without disclosing such refusal; - '
that person commits an offence and shall be liable, irpon conviction,
in the case of a first offence, to a fine not exce&ng three thousand
penalty units or to imprisonment for a period of n6t exceeding six
months, and in the case of a second or subsequeht sffence, to a fine
not exceeding six thousand penalty units or to ifnprisonment for a
period not exceeding one year. 3t 1

82. (1) On the issue of a new driving licence to any person, the Particulars
particulars endorsed on any previous licence or it9 etjGivdent held by of
that person shall be copied on to the new licence un!Gs that person endorserncnt
to be copied
has previously become entitled under the provisidfis dPsecdon eiglzty- on new
four to have a licence issued to that person free f?6m1eniiorsement. licence
$1 -'
(2) Notwithstanding subsection (I), the partlcu$r.s
li '
ehdoised on
any previous licence or its equivalent may be entered in an official
record book kept by a licensing officer or any pe1;soq
,
, , . *as the Director
..
a

may, from time to time, authorise in that behalf. , i , , ,!

83. i f any person whose driving licence or its$q@valent has been Applying
ordered to be endorsed, and who has not previouply become entitled for licence
under the provisions of section eight-fiveto haveTali~ence. issued to without
disclosing
that person free from endorsements, applies for,or obtains a, licence endorsement
without giving particulars of the order of endo~s~ment, the person
commits an offence and is liable, upon convictioq;in @ecase of a first
offence, to a fine not exceeding one thousand fiye huzndredpenalty
units, and in the case of a second or subsequent ?ffe'6iF to a 6ne not
 Road Trafic [No. 11 of 2002 161

exceeding three thousand penalty units, and any licence so obtained

shall be of no effect.
84. Where a person in respect of whom an order has been made Issueof new
under this Act requiring the endorsement of any driving licence or its licence free
from
equivalent held by the person has during the continuous period of endorsement
three years or upwards since the order was made had no further similar
order made against that person, that person 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 substituting
licence or its equivalent,at any time to have issued to the person 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 qualified from
holding or obtaining a licence or for which that person's licence was
suspended shall be excluded.
85. Whereas a result of any order passsed prior of the appointed Removal of
date, s driving licence or its equivalent is endorsed, and.where such a~do'sment
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 eighty-four, free of cost.
PART VII
THIRD
COMPULSORY PA^ INSURANCE
86. (1)No person shall use or cause or permit any person to use a users,fmot0,
motor vehicle or trailer on a road unless there is in force in relation to vehicles to be
the use of such vehicle or trailer by that person or that other person, as insure* against
the case may be, such a policy of insurance or such a security in respect third party
risks
of third party risks as complies with the requirements of this Part.
(2) Any person who contravenes the provisions of this section
commits an offence and is liable, upon conviction, in the case of a f ~ s t
offence to a fine not exceeding three thousand penalty units or to
imprisonment for a period not exceeding twelve months, and in case
of a second or subsequent offence, to a fine not exceeding seven
thousand five hundred penalty units or to imprisonment for a period
not exceeding twelve months, or to both.
(3) Notwithstanding the provision of any other written law, there
shall be in respect of all Government vehicles such policy of insurance
of such a security in respect of third party risks referred to in sub-
section (I) as the Minister, in consultation with the Agency, may
prescribe.
 162 No. 11 of 20021 Road TrafJic
Saving in 87. A person charged with using a motor vehicle or trailer in
respect contravention of section of eighty-sixshall not be convicted if that
liability
person proved that the vehicle or trailer did not belong to that person
and was not in that person's possession under acontract of hiring or
loan, that such person was using the vehicle or trailer in the course of
that person's employment, and that such person did not know or had
no reason to believe, that there was not in force or in relation to the
vehicle or trailer such a policy of insurance or security as complies
with the requirements of this Part.
Requirements 88. (1) In order to comply with the requirements of this Part, a
in policy of insurance must be a policy which-
policies of
insurance
(a) is issued by an insurance company registered by the registrar
for the purpose of this Part; and
(b) insures such perSon, persons or classes of persons as may be
specifiedin the policy in respect of any liability which may
be incurred by that person or such persons 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-
(i) one hundred and sixty-six thousand seven hundred
fee units in respect of anyone person killed or
injured; and
(ii) three hundred and thirty-three thousand three
hundred and fifty 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-
(A) any liability in respect of the death of, or
bodily injury to, a person in the
employment of any person insured by the
policy, if such death or bodily injury arises
out of and in the course of that person's
employment; or
(B) any contractual liability.
(2) In this section " Registrar " means the Registrar of Pensions
and Insurance appointed under the Pension Scheme
Act No.28 Of Regulation Act, 1996.
19%
Requirements 89. (1) In order to comply with the requirements of this Part, a
'"=SPt"f
securities
security shall-
 Road TrafJic [No. 11 of 2002 163
(a)consist of an undertaking by the giver of the security to make
good, subject to any conditions specified in the security,
and up to an amount approved by the Agency, 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 section eighty-
eight, which may be incurred by such owner or persons;
and
(b) be proved by the Agency and deposited with the Agency.
(2) Whenever such a security is approved by the Agency and
deposited with the Agency, the Agency 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.
90. (1)Any person having a claim against a person insured in respect Right of
injured party
of any liability in regard to which a policy of insurance has been issued
for the purposes of this Part shall be entitled in that person's own
, pe,d
against
insurer
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 person having the claim:
Provided that-
(i) the rights of any 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 three 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 mention in paragraph (ii)
of this proviso 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 purpoting to restrict the
insurance of the person insured thereby shall be of no effect:
 164 No. 11 of 20021 Road Trafic

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 torwards 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 recovered by the insurer from that person.
Certain 91. (1) Any condition in a policy given under this Part providing
conditions in
policy to be that, in the event of some specified thing being done or omitted to be
of no effect 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 provisions in a policy requiring the person insured to repay the
insurer any sums which the latter may have become liable to pay under
the policy or under the provisions of section ninety and which have
been applied to the satisfaction of the claims of third parties.
(2) A per;son issuing a policy of insurancefor 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 ninety,"persons insured "include
any person whom a person issuing a policy ofinsurance forthe purpose
of this Part shall be liable to indemnify by virtue of subsection (2).
Avoidance of 92. Any contract for the conveyance of a passenger in a public
contracts service vehicle, so far as it purports to negate or to restrict the liability
conveyance
so far as of any person in respect of any claim which may be made against that
restrictive of
liability in person in respect of the death of, or bodily injury to the passengers
respect of while being carried in, entering, or alighting from the vehicle, or
death or
injury to purports to impose any condition with respect to the enforcement of
passengers in
publ-ic such liability shall be void.
service
vehicles

Hospital 93. (1) Where an insurer makes any payment under the provisions
expenses 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 in affording such treatment.
(2) The Minister may, by statutory instrument, prescribe the
amount of money to be paid by an insurer to a hospital for the expenses,
referred to in subsection (I), which are incurred in the treatment of
each person so treated as an in-patient or as an out-patient.
 Road Trafic [No. 11 of 2002 165

94. Upon the issue of insurancein accordance with the requirements Documentary
of this Part, the insurer shall issue to the insured in respect of each proof of
existenceof
vehicle or trailer a certificate (in this Part referred to as a " certificate insurance
of insurance ") in the prescribed form and containing such particulars policy
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.
95. (1) Any person driving a motor vehicle on a road, or any person Production of
certificateof
whom a police officer has reasonable cause to believe to have been insurance
the driver of a motor vehicle at the time when an accident occurred
owing to its presence on a road, or any person whom a police officer
has reasonablecause 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 that person's name and address and the name
and address of the owner of the vehicle and shall produce the person's
certificate of insurance and if that person fails to do so that person
commits an offence:
Provided that if the driver of a motor vehicle within seven days
after the date on which the production of that driver's certificate was
so required, or within such greater period as the police officer requiring
the person to produce that person's certificate, may specify, produces
or otherwise furnishes the certificate at such police station as may
have been specified by the person at the time its production was
required, the person shall not be convicted of an offence under this
subsection by reason only of failureto produce that person's certificate
to the police officer.
(2) If in any case, 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 the
person's certificate to a police oEcer or to some person, who having
reasonable ground of 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 the police station
or to a police officer and thereupon produce that person's certificate,
and if the person fails to do so the person commits an offence:
Provided that a person shall not be convicted of an offence under
this subsection by reason of failure to produce that person's certificate
if, within seven days after the occurrence of the accident or within
such greater period as the police officer to whom that person reported
the accident may specify, the person produces or otherwise furnishes
 166 No. 11 of 2002 Road Traflc

the certificate at such police station as may be specified by the person

at the time the accident was reported.
(3) The owner of a motor vehicle shall give such information as
that person may be required by or on behalf of the Inspector-General
of Police to give for the purpose of determination whether the vehicle
was or was not being driven in contravention of section eighty-six on
any occasion when the driver was required under thissection to produce
the person's certificate, and if the owner fails to do so the person
commits an offence.
(4) In this section, the expression " produce that person's
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 eighty-
six as may be prescribed.
(5) In the-caseof motor vehicles or trailers that are subject to Part
DL,a road MIC
inspector may exercise all the powers conferred upon
a police officer by this section.
Customs 96. Any Customs Officer may refuse to permit into Zambia by
Officer may road any motor vehicle or trailer if that off~ceris satisfied that there is
refuse to
permit entry not in force in relation to the use of the motor vehicle or trailer such a
of uninsured
vehicle policy of insurance or such security in respect of third party risks as
complies with the requirements of this Part.
Making false 97. If any person, for the purposes of obtaining a policy as required
statements by section eighty-six makes any false statements, knowing it to be
false, in consequencewhereof the policy is liable to be annulled,willfully
does any act which disentitlesthe person to claim under the policy, the
person commits an offence, and is liable, upon conviction, in a case of
a first offence, to a fine not exceeding ten thousand penalty units, and
in the case of a second or subsequent offence, to a fine not exceeding
fifteen thousand penalty units.
Certificateof 98. No licensing officer shall issue to any person a license or transfer
insurance or to any person a licence of a motor vehicle or trailer unless the person
security to
be roduced produces to the licensing officer-
be!& issue
of licence (a)a certificate issued in the prescribed form by an insurer
approved which states that a policy of insurancecomplying
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 which the said licence is to be issued or,
remain in force; or
 Road Trafic [No. 11 of 2002 167
(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 of the transfer applied for is to come into force and
for the period for which the licence is to be issued or remain
in force.
99. Where to the knowledge of an insurer a policy for the purposes Duty of
insurer when
of this Part ceases to be effective without the consent of the person to policy is
whom it was issued otherwise than by the affluxion of the time or by cancelled.
etc.
reason of that person's death, the insurer shall forthwith notify the
Inspector- General of Police of the date on which the policy ceased to
be effective.
PART VIII
LICENSING OFPUBLIC SERVICE VEHICLES
100. (1) Subject to the provisions of section one hundredand eight Public
sittings
and one hundred and nine, the Director 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 licence, and may for other
purposes, hold public sittings at such places within Zambia and at
such times as appear to the Director to be required, having regard to
the purposes of this Part and the interests of the parties concerned:
Provided that the Director 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 the Director is of the opinion
that, having regard to the final character of the variation, it is not
necessary to hold a public sitting.
(2) At any public sitting the Director shall sit with two assessors,
who shall be approved by a Committee, as advisers.
101. (1)No person shall use or cause or permit to be on aroad any Use of
vehicles as
vehicle as a public service vehicle for the carriage of goods unless public
there is in force in relation to such vehicle a road service licence servlce
vehicles for
authorising such use. canying of
gods
(2) Any person who contravenes any of the provisions of this
section commits an offence and is 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.
10241) Subject to the provisions of Part X no person shall use or Use of
cause or permit to be used any vehicle for the purpose of standing or vehicles as
public
plying for hire or as a public service vehicle for the carriage of persons service
vehicles for
carrying of
passengers
168 No. 11 of 20021 Road TraSJic

unless there is in force in relation to the vehicle a road licence authorizing

such use.
(2) Any person who contravenes any of the provisions of
subsection (1) commits an offence and shall be liable, upon conviction,
in the case of a first offence to a fine not exceeding three hundred
thousand penalty units, and in the case of a second or subsequent
offence, to a fine not exceeding seven hundred and fifty thousand
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
occassions in such circumstances as to cause the police officer or road
traffic inspector 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 purpose of persons, it shall be presumed, unless the
contrary is proved, that such vehicle was used for such purpose or as
a public vehicle for the carriage of persons, as the case may be.
(4) Where any person is convicted of an offence in 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 the offence was committed,
the court shall order-
(a) cancellation by a licensing officer of the licence issued under
the provisions of Part IV 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, been not less than six months and not
exceeding twelve months as the Court may direct, the
vehicle may not be licensed by any person.
(5) Where a court has made an order under subsection (4) that
for a specific period a vehicle may not be licenced, any person who
uses the vehicle on the road during such period and while the order is
in force commits an offence and is 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 specific 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.
 Road Trafic [No. 11 of 2002 169

(7) Nothing in this section shall be construed as to prohibit the

sharing of expenses of the journey by a passenger with the owner or
driver of the motor vehicle other than a goods vehicle.
(8) Subject to subsections (9) and (11)no taxicab shall operate
from a taxi rank prescribed by a city council, municipal council,
township or district council established under the Local Government
Act, unless such a taxicab has a metre. Cap 28 I
(9) Notwithstanding subsection (8)-
(u) taxicabs with metres shall operate only from taxi-ranks
prescribed by a city council, municipal council, township
or district council established under the Local Government
Act; and Cap 28 1
(b)taxicabs without metres shall operate only along prescribed
routes which shall be endorsed on their district licences at
the time of issue by the Director.
103. (1) Notwithstanding anything in this Part contained, a road Use of
station
service licence shall be granted for authorising the use on such terms wagon as
and conditions as the Agency may determine, of any station wagon raxrcab or
public
vehicle as a taxi cab or public servicevehicle for the caniage of persons. service
vehicle
(2) The Minister may, by statutory instrument, at the request of,
or after consultation with and subject to such conditions as the Agency
may determine, make regulations prohibiting the use of other types of
vehicles as taxicabs.
104. ( 1 ) No person shall use or cause or permit to be used on a Terms, etc.
road any public service vehicle except in accordance with the terms of road
service
and conditions of a road service licence authorising such use of the licences to be
observed
vehicIe:
Provided that any person holding more than one road servicelicence
authorising such person to carry goods may, subject to the conditions
of any permit granted in terms of regulations made under the provisions
of the Public Roads Act, in respect of any vehicle authorised under NO.12
any of these licences, use any such vehicle on any route or in any area of2002
specified in any of those licences so long as the maximum number of
vehicles, which that person is by that licence authorised to use, or the
maximum aggregateweight, which the person is so authorised to cany,
is not exceeded.
(2) Notwithstanding subsection (I), the Director may, subject to
such conditions as that person thinks fit, grant aperrnit in respect of
any vehicle, allowing a higher laden weight or higher maximum axle
weight than those fixed by regulation, and where such permit is granted
it shall not, so long as the conditions, if any attached to the permit are
 170 No. 11 of 20021 Road Traflc

compliedwith, be an offence for such vehicle to be used on that road

by reason only that the vehicle does not comply with such regulations.
(3) Any person who contravenes the provisions of this section
commits an offence and is 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.
Person 105. (1) The person required to hold a road service licence in
respect of a public service vehicle shall be-
service
licence (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) Except as provided in this section, a road service licence shall
not be capable of being transferred or assigned:
Provided that the Minister may, by regulation, provide for enabling
aperson 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,
banlauptcy or liquidation of theholder, or the appointment of a m i v e r
or manager in relation to the business.
(3) Any persun who contravenes the provisions of this section
commits an offence and is 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.
Notice to be 106.(1) Theholder of the road service licence, shall on any material
cof
ahaationof
alteration other thanby way of replacement of parts being made in the
structure of fixed equipment of any authorisedvehicle specifiad,inthe
vehicles licence, forthwith give notice of the alterations to the Director.
(2) If any person fails to comply with the provisions of this section,
the person commits an offecce.
Temporary 1M.(1) Notwithstanding any other provisions containedin this Part,
substitution in the event of breakdown or other unforeseeable emergency,the holder
of authorised
vehiclesin of a roadservice licence may temporarily substitutea vehicle which is
e"ape"cY not an authorised vehicle under a road servicelicence for an authorised
vehicle:
 Road Traflc [No.11 of 2002 171
Provided that-
(a) that person is unable in any other way to provide the service
authorised in that person's road service licence;
(6)within twenty-four hours of making such substitution, such
holder shall notify the Director of such substitution, and
no vehicle so substituted shall be used in place of an
authorised vehicle for a period longer than seven days
without the consent of the Director.
(2) Any person who fails to comply with the provisions of this
section commits an offence.
108. (1) Subject to the provisions of this section, the Director may Road service
licences
grant to any citizen of Zambia applying for a road iervice licence a
road service licence in the prescribed form authorisingthe holder to
provide such road serviceas may be specifiedin the road service licence.
(2) The Director may vary the provisions of a road service licence
granted under subsection (1) on applicationof the holder of the licence.
(3) Notwithstanding subsection (1) the Director may 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, but is a holder of an
investment licence issued in terms of the InvestmentAct. Cap. 385

(4) 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) not less than seventy-fivepercenturn of membership
is exclusively composed of persons who are
citizens of Zambia;
are exclusively citizensof Zambia;
(iii)whose Dinxto~~
rmd
(iv) which is not controlled by any means directly or
indirectly, outside Zambia or by persons who are
not exclusively citizens of Zambia.
172 No. 11 of 20023 Road Trafic
(5) For the purpose of subsection (2), persons shall be deemed to
control a body corporate notwithstanding that other persons are
associated with the control of the body corporate, if they can override
those other persons.
(6) The Director shall not grant or vary a road service licence in
respect of any route if it appears to the Director from any particulars
furnished in pursuance of subsection (7) that the provisions of thisAct
or of the regulations under the Act relating to the speed of motor
vehicles are likely to be contravened.
(7) Subject to subsections (1) and (2), the Director in deciding
whether to grant or refuse or vary a road service licence in respect of
any route or area, shall have regard to the following:
(a)the suitability of the routes on which a service may be provided
under the licence;
\
(b) the needs of Zambia as whole in relation to traffic and the
co-ordination of all forms of transport;
(c) the payment of reasonable wages and observance of proper
conditions of service in respect of the drivers and
conductors of the applicant employees;
(d) the reliability and financial stability of the applicant;
(e)facilities at the disposal of the applicant for carrying out vehicle
maintenance and mechanical repairs; and
(8any previous convictions of the applicant for any offence
under this Act.
(8) To enable objections or representations to be made, the
Director 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 as may be prescribed by regulations or in the absence of such
regulations as the Director may think fit, at least forty days before the
meeting at which the ap~licationis heard.
(9) Notice of objections or other representations from persons
already providing transport facilities along or near 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.
 Rocd Trafic [No.11 of 2002 173
(10) The Director may grant a road service licence subject to such
conditions as the Director may think fit and may, from time to time,
vary such conditions in such manner as the Director thinks fit.
(1 1) Compliance with the provisions of this Act and of any
regulations made under it and adherence to the rates fixed and laid
down in respect of any service shall be implied conditions of the road
service licence referred in subsection (10) under which that service is
operated.
(12) A person applying for a road service licence, and a holder of
such licence applying for its variation, shall submit to the Director-
(a) particulars of the vehicle to be used;
(b) in the case of regular services, the timetables of the services
which it is proposed to provide under the licence;
(c) 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 thejourneys included in those services as the Director
requires;
(d) the rate of fares of the proposed services;
(e) particulars of any bankruptcy or of any agreement with
creditors entered into by the applicant;
Cf) 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;
(g) 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 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 the applicant, and in the case of an
applicant being a company, of any right which any such
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;
(h) such other information as the Director may require.
174 No. 11 of 20023 Road Traffic

(13) In the case of any material mis-statement of any of the

particulars referred to in subsection (12), the Director may revoke any
road service licence or any variation made by the Director upon the
application containing such rnis-statement.
(14) Where any application made by any person in accordance
with subsection (12) is refused by the Director 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 Directoris substantially
the same as the one refused, the Director may refuse to entertain such
further application until the expiry of such period of six months.
(15) The Director on granting, revoking or suspending in whole
or in part a road service licence or vary the terms or conditionsof such
a licence shall publish and notice thereof in the Gazette, and in such
other manner, if any, as may be prescribed by regulations or, in the
absence of such regulation, as the Director may think fit, but failure to
publish such notice shall not operateto invalidate any matter in respect
of which such notice ought to have been given.
(16) A road service licencemay be revoked or suspended in whole
or in part or its tenns or conditions may be varied by the Director on
the ground that any condition subject to which the licence or a variation
was granted has not been complied with:
Provided that the Director shall not revoke, suspend or in 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 willfully, or to the danger to the public
involved in the breach, the Director is satisfied that the licence should
be revoked, suspended or varied.
(17) A road servicelicencemay be withdrawn or cancelled by the
Director if any of the conditions subject to which such licence was
granted are not complied with.
(18) Subject to the subsection (19),where it comes to the
knowledge of the Director that the servicesspecified in any madservice
licence are not being adequately provided, the Director 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 Director to decide such cases, or
those referred to in subsection (1S), at a public sitting unless requested
by the holder of the licence so to do:
Provided that where the Dkctorhas been nequested to hold a public
stittingin iumdmewith the pvisimsof this subsectionthe Dk%x
may,if the Director considersit necessary in theplblic interestf a the
 Road Traffic [No.11 of 2002 175
safety of the public or any member of the public, declare the licence
suspended until a public sitting can be held.
(19) Notwithstanding subsection (18), the Director shall, prior to
revoking a licence, give notice in writing to the person concerned that
the Director intends to revoke the licence and giving that person an
opportunity to state, within a specified period, any reason why the
licence should not be revoked.
(20) Subject to the provisions of section one hundred and nine,
every road service licence shall be granted for a period of one year
ending on 3 1" Decemberof each year.
(21) For the issue of every road service licence or duplicate of
the road service licence, for every variation of such licence, and for
each authorised vehicle specified in the road service licence, there
shall be paid the prescribed fee.
(22) The Director shall have power to take evidence on oath and
make such other necessary investigations as the Director mayconsider
fit in assisting the Director to come to a decisian regarding the issue,
suspension, cancellation,variation or refusal of the road service licence,
or the variation of any conditions attached thereto, and for those
purposes the Director shall have power to administer oaths.
(23) Notwithstanding the provisions of h s section and of section
one hundwd,the Director 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 for a road service licence to provide a
rural feeder service after having regard only to the matters contained
in paragraph ( 6 ) of subsection ( 7 ) , and to any objections or
representations made by any person in respect thereof.
(24) For the purposes of this section, a rural feeder s k i c e shall
mean a service for conveying goods for hire or reward in areas or on
roads that are declared by the Agency to be primarily ruralin character,
subject to the following conditions:
(a) that on a rural feeder service no goods shall be kept at any
point on any specified route or in any point on any specified
area and on the same journey be set down at any other
point on any specified route or in any such specified area;
(b) 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;
 176 No. 11 of 20021 Road Traffic
and 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.
(24) 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 reason or
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, on the recommendation of
the Agency, by statutory order, if it is issued to a body
corporate and the Minister is satisfied, after such inquiry
as the Director may make or cause to be made with respect
to such mentioned body corporate or partnership, that it is
not a citizen of Zambia.
(26) Notwithstanding the provisions of this section, the Director
shall discourage monopolies and encourage competition as provided
Cap.417 in the Competition and Fair Trading Act.
(27) Any person who knowingly-
(a)gives false information to the Director 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;
commits an offence and shall be liable, upon conviction-
(i) in the case of a first offence, to a fine not exceeding fifteen
thousand penalty units or, in default of payment, to
imprisonn~entfor a period not exceedingeighteen months;
(ii) in the case ol'a second or subsequent conviction, to a fine
not exceeding thirty thousand penalty units or, in default
of paymeill, to imprisonment for a period not exceeding
three years.
(28) Where, in a prosesution 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.
Short term 109. (1) Upon payment of the prescribed fee, the Director may, if
licences
satisfied in the particular circumstances that the needs of those
concerned cannot reasonably be met from other sources or that it is
 Road Trafic [No. 11 of 2002 177
desirable in the public interest, issue to any person applying for it a
short-term road service licence in the form and manner prescribed for
any period not exceeding three months.
(2) The short-term road service iicence issued under subsection
(1) shall enable the person to whom it is issued to use, temporarily,
public service vehicles-
(a)for the purpose of seasonal business;
(b)for the purpose of the execution of a particular piece of work;
or
(c) for any other purpose of limited duration;
and such short-term licences may be issued without the necessity for
the Director to hold a public sitting.
(3) In granting short-term road service Licences under this section,
the Director may exercise all the powers conferred upon the Director
by section one hundred and eight.
110. If on the date of the expiration of a road service licence,other Extensionof
than a short term licence, proceedings are pending before the Director gE-!:zs
on an application by the holder of that licence for the grant to that
person of a new licence in substitution for the existing licence, the
existing licence shall continue in force until the applicationis disposed
of, without prejudice, however, to the exercise in the meantime of the
power of suspension and revocation conferred by this Part.
111. (1) There is hereby estahl ibhed the Road Service Appeal u0ad service
Tribunal whose functions shall be to hear md determine appeals under (?l?~:~,
this Act.
(2) TheTribunal shall consist of the following part-time members
appointed by the Minister:
( a )a Chairperson who shall be a legal practitioner of not less
than ten years standing recommended by the Judicial
Service Commission and who, in the opinion of the Judicial
Service Commission, ha? experience qualifying that person
to be appointed judge of the High Court for Zambia; and
(6) two other persons.
(3) A member of the Tribunal shall, subject to subsection (4),
hold office for a period of four years from the date of appointment
, but may be eligible for re-appointment for one further term.
(4) The office of a member of the Tribunal shall become vacant-
(a)upon the member's death;
 178 NO.11 of 20021 Road Traffic

(b) if the member is absent without reasonable excusefrom three

consecutivemeetings of theTribunalof which the member
had notice;
(c) if the member is an undischarged bankrupt; or
(d) if the member who is a legal practitioner ceases to practice as
such on disciplinary grounds confirmed by the Law
Association of Zambia.
(5) If a vacancy occurs in accordance with subsection (4), a new
member may be appointed in accordance with subsection (2), but such
member shall hold office only for the unexpired part of the term.
(6) The Minister may appoint alternate members of the Tribunal
who shall have and may perform the functions of a member during
the member's illness or absence.
(7) A member of the Tribunal shall be paid such allowances as
the Minister may determine.
(8) The Minister may, by regulations, regulate the procedure of
the Tribunal.
(9) The Minister shall appoint a Secretary to the Tribunal who
shall have such functions as may be conferred by regulations made
under subsection(8).
~p a1 to 112. Any person who-
~nEnal
(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 &e Director on the application or by any
condition subject to which the licence was granted or
attached to the licence;
(b) having duly made an objection to or a representation
concerningany such applicationunder thisPart, is aggrieved
by the decision of the Director thereon; or
(c) being the holder of a road servicelicence,is aggrieved by the
revocation or suspension thereof, or by any variation of
the conditions attached thereto;
may appeal to the Tribunal within thirty days of the decision appealed
against.
(2) The Tribunal may, by notice in writing, require any person,
subject to the payment or tender of the reasonable expenses of the
person's attendance, to attend as a witness and give evidence, or to
produce any documents in that person's possession or power which
 Road Traffic [No.11 of 2002 179

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 that person commits an offence.
(3) 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 thinhfit.
(4) The Tribunal-
(a)shall have power to take evidence on oath and make such
other investigations as it may consider fit in assisting it to
come to a decision regarding any matter before it, and for
that purpose the Chairperson shall have the power to
administer oaths; and
(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 Director shall not be directed to
pay any such costs.
(5) Either party to an appeal to the Tribunal may appeal to the
High Court from the decision of the Tribunal on any question of law
or question of mixed law and fact but not on a question of fact alone.
(6) The High Court shall hear and determine any such appeal and
may make any order on such appeal including an order as to costs or
otherwise, as the High Court may consider fit.
(7) Notice of appeal shall be given to the High Court within thirty
days of the decision of the Tribunal.
113. No action shall be brought against the Chairperson or any
member of the tribunal or against the Director or any member of the
Agency in respect of any act done or order made by the Chairperson and Director
or member of the Tribunal or the Director or a member of the Agency
in good faith in the execution or supposed execution of the powers
and duties conferred upon them under this Act and any regulations
made under the Act.
114. (1) Any person carrying on the business of operating public Obligation to
service vehicles shall keep such accounts and records in relation to the keep records
and returns
business and make such financial and statistical returns to such person
anp in such manner and at such tLoles as may be prescribed:
Provided that the Agency may, subject to such conditions, if any, as
the Agency thinks fit to impose, authorise the submission of financial
and statistical returns in a manner and at times other than as may be
prescribed.
 180 No. 11 of 20021 Road Trajfic
- -

(2) The owner of a public service vehicle shall at the request of

the Director 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
that person commits an offence and is liable, upon conviction, to a
fine not exceeding seven hundred and fifty penalty units and, in the
case of a continuingoffence, to a fine not exceeding one hundred and
fifty penalty units for eveIy day during which the offence continues.
Number of 115. *(I) The gross weight of a public service vehicle, the weight
passengers, of goods and the maximum number of passengers that may be carried
weights of
pubcc on a public service vehicle shall be determinedby a vehicle examiner
servlce
vehicles in the prescribed manner, and, together with such gther particulars as
may be prescribed, shall be described on the certificate of fitness for
the vehicle issued under Part IX and shall be legibly painted in a
conspicuous position on the vehicle in such manner as may be
prescribed:
Provided that, notwithstandingthe provisions of this subsection and
of any regulationswhich may be made prescribing the manner in which
the number of passengers that may be carried in a public servicevehicle
shall be determined, the Director may, by Gazette notice, authorise,
subject to such conditions as the Director may specify in such notice,
the carriage of standing passengers in such omnibuses or classes of
omnibuses as the Director may so specify.
(2) If, in any public service vehicle, there are more passengers
than the vehicle is permitted to carry, the conductor of the vehicle, if
any, or, if no conductor is carried, the driver, commits an offence and
is 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, that person commits an offence.
(4) For the purposes this section, a child under five years of age
and not occupying a seat shall not be counted as a person, and three
children over five years of age and under ten years of age shall be
counted as two persons.
Touting 116. (1) No owner, driver or cond~~ctor acting on behalf of the
owner or driver or conductor of a public service vehicle authorised to
 Road Traflc [No. 11 of 2002 181

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 in convenience
to any person.
(2) Any person who contravenes subsections (I) commits an
'offence.
117. (1) A driver of a public service vehicle shall, while on duty, Driver of
as defined in subsection (3) of section one hundred and eighteen, public service
vehicle to
wear a uniform of such colour and such style as may be prescribed. wear uniform
(2) Aperson who contravenes subsection (1) commits an offence
and shall be liable, on conviction, to a fine not exceeding one thousand
penalty units.
118. (1) Any person who knowingly sells or supplies any Prohibition of
intoxicatingliquor or narcotic drugs to any driver of a public service supply and
consumption
vehicle, while such driver is on duty, and any such driver who buys or of liquor, or
consumes intoxicatingliquor while on duty commits an offence, and narcotic
drugs by
such person or driver shall upon conviction be liable, in the case of a driverof
first offence, to a fine not exceeding five thousand penalty units or to public
service
imprisonment for a period not exceeding six months, and in the case vehicle
of a second or subsequent offence, to a fine not exceeding seven
thousand penalty units or to imprisonment for a period not exceeding
twelve months, or to both.
(2) Any person licensed to drive a public service vehicle who, at
any time within six hours before the time at which that person is due to
take charge of a public service vehicle in respect of-anyjourney renders
oneself incapable of taking proper control of a motor vehicle, by the
consumption of intoxicating liquor, commits 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 that driver
is in charge of, or responsible for ,the driving of a public service
vehicle in the course of any journey, including the period of any halt
during suchjourney other than a halt overnight.
 182 No. 11 of 20023 Road Trafic
(4) A Passenger of a public vehicle is obliged to report any driver
contravening section 118(1)(2)
Limitation o f 119. In the case of any public service vehicle or any other vehicle
time for the gross weight of which, with any trailer attached to it, exceeds
wh~chdrivers
of certain eighteenthousand kilograms, any person who drives or causeor permits
vehicles may
re- any person employed by that person or subject to that person's orders
continously to drive in excess of such hours as may be prescribed by the Minister,
on duty
on the recommendation of the Agency, commits an offence:
Provided that the provisions of this section and any regulations made
under this section may be extended to the drivers of such other vehicles
or classes of vehicles as may be prescribed by the Minister, on the
recommendationof the Agency, by statutory notice.
Tickets and 120. (1) Any person authorised to receive fares from passengers
fares or intendingpassengers in a public servicevehicle other than a hire car
or taxicab shall forthwith issue to each passenger or intending
passengers who have paid their 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 a fare
may,,if the vehicle fails to start on itsjourney from its terminal point
within six hours of the time approved in its time-table, or if the operator
fails to convey the passenger to such passenger's destination within a
reasonable time, recover the whole fare paid by such passenger.
(3) Where a fare is recoverable under subsection (2) the person
who received the fare or the person on whose behalf the fare was
received if it has been handed over to that person shall repay it to the
passenger on demand.
(4) If any person who has a duty to repay a passenger fare under
subsection (3) fails so to repay the fare that person commits an offence
and a court may, on conviction, order that person to repay the fare, in
addition to any other fine to which that person may be liable, and the
amount of the fare shall be recovered as a fine, and imprisonment
may be imposed in default of payment.
(5) 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.
(6) Any owner or person in control of a public service vehicle
used for the carriage of passengers shall, in respect of every long
dis&ce~ourney,cause to be displGed, in a c ~ n s ~ i c ~ o u s ' ~inside
lace
the public service vehicle concerned, a list of passengers aboard the
public service vehicle during the course of the journey.
 Road Trafic [No.11 of 2002 183
(7) The owner or person in control of a public service vehicle
shall cause a copy of the list referred to in subsection (6) to be retained
at the principal place of business.
(8) Any person who contravenes subsection (6) commits an
offence and is liable on conviction, in the case of a first offence to a
fine not exceeding ten thousand penalty units or to imprisonment for a
period not exceeding eighteen months, or to both, and in the case of a
second or subsequent offence to a fine not exceeding twenty thousand
penalty units or to imprisonment for a period not exceeding two years,
or to both.
(9) For the purposes of subsection (6) " long distancejourney "
means a journey covering a distance of two hundred kilometres or
more fkom the point of commencing thejour~~eyto the final destination.
PART IX
EXAMINATION
FOR CERTIFICATES
OFFITNESS
FOR CERTAIN
CLASSES
OF
VEHICLES
121. The vehicles to which this Pan applies shall be public service
vehicles, heavy trailers, contract cars, and motor vehicles used for
t#liyp
gain for the teaching of driving.
122. No vehicle or trailer to which this Part applies shall be used Certificates
of fitness
on any road unless there is in force in respect of such vehicle or trailer
a valid 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
that licensing officer 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 certificateof 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 that person proves that such person 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.
123. (1) A certificate of fitness shall record such matters as are Form and
display of
specified in section one hundred andfiifteenand such other matters as c,,ificate of
may be prescribed, and shall state that the vehicle or trailer in respect fitness
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.
 184 No. 11 of 20021 The Road Trafic

(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.
Period of 124. A certificate of fitness shall be valid from the date of coming
certificate of into force of such certificate-
fitness
(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 servicevehicles,
heavy vehicles and heavy trailers.
Defects 125. (1) Where a vehicle examineron 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, the vehicle examiner
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 the owner of the date (hereinaftercalled the "notified
date ") by which the defects must be remedied and the vehicle or
trailer produced for reexamination.
(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 the
vehicle examiner shall require, in the manner set forth in subsection
(I), the owner to remedy such defects.
(3) If a vehicle or trailer is not produced for re-examination on
the notified date, 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! ssue such other directions as the vehicle examiner may think
necessary restrictingits use.
(4) Any diiections issued under subsection (3) or prohibition of
the use of a motor vehicle or trailer under paragraph (j)
of subsection
 Road TrafJic [No. 11 of 2002 185

(1) of 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 the opinion of the vehicle
examiner the vehicle or trailer may safely be used on the road.
(5) If upon examining a vehicle or trailer in accordance with this
section 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 fitness certificate, issue such a
certificate and cancel any defects list that may have been
issued; or
(b) if the examination is pursuant to a prohibition made under
paragraph 0 of subsection (1) of section two hundred and
twelve, cancel any defects list that may have been issued.
(6) Where a vehicle examiner prohibits the use of a vehicle or
trailer to which this Part applies, the vehicle examiner shall take and
retain in the vehicle examiner's possession the certificate of fitness, if
any, of the vehicle or trailer concerned until its use on aroad is permitted
and the vehicle examiner shall return the certificate to the owner of
the vehicle or trailer.
126. Any licensing officer in whose District a vehicle or trailer to Examination
on susp~cion
which this Part applies is being used and who has reason to suspect ,fvehicle
that the vehicle or trailer has ceased to be fit for the purpose for which being unfit
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 prohibit the use of
the vehicle or trailer until the order is obeyed.
127. (1) Aroad traffic inspector shall at any time on production if Inspection by
road traffic
so required, if that road traffic inspector's identity card, be entitled to inspec,
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
circumstance of the case, after obtaining a search warrant, enter any
premises upon which the road traffic inspector has reason to believe
that any such vehicle or trailer is kept.
(2) If, upon inspection made under subsectio~i(I), a road traffic
inspector is satisfied that it is necessary to do so, the traffic inspector
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
the traffic inspector may think fit, and the inspector shall notify the
Director of any such order or direction.
 186 No. 11 of 20021 Road Traf ic

Examination 128. Subject to an appeal to the Director, no person shall have such
by other person's vehicle or trailer examined for the purpose of ascertaining
examiners 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.
Persons 129. No person who is empowered under this Act to examine, or
empowered to order the examination of, or to issue any other direction concerning
to examine
any vehicle under this Act, shall be liable for the loss of any such
vehicles
exempted vehicle or the contents thereof or for any damage caused to any vehicle
from liability or the contents thereof, resulting from any action taken by that person
for damage in good faith and without negligence and in the exercise of any powers
under this Act.
Appeals 130. (1)The decision of a vehicle examiner that a vehicle or trailer
is fit for use shall be final.
(2) The decision of a vehicle examiner that any vehicle or trailer is
unsafe for use and any order, direction or prohibition made under
section one hundred and twenty-jive and one hundred and twenty seven
shall be subject to an appeal to the Director within fourteen days of
the decision, order, drection or prohibition concerned being made.
l'rescribcd 131. (1) The fees to be charged for examination and re-examination
fees under this Part shall be as may be prescribed by regulations made
under section two h~~11(1rtd and thirty-three:
Provided that no fees shall be payable for an examination conducted
in accordance with section one Iz~indredand twentyjive if no defects
are discovered, or for an examination conducted in accordance with
section one hundred and twenty- six
(2)The fees to be charged under this Part shall be paid to the Agency,
which shall pay the fees received into the Road Fund and general
revenue of the Republic in such proportion as the Minister responsible
for finance may determine.
Exemptions 132. The Minister may, on the recommendation of the Agency, by
statutory order, exempt any vehicle or trailer to which this Part applies
from the requirements of its provisions, subject to such conditions as
the Minister may impose for ensuring the safety of the occupants of
the vehicle and of the public.
Offences 133. 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;
(b) fails to display on a vehicle or trailer to which this part applies
acertificate of fitness:
 Road Trafic [No. 11 of 2002 187
-- -- -- - -- -
(c)obstructs any road traffic inspector or vehicle examiner in
the course of the road traffic inspector or vehicle examiner's
duty;
(d) fails to stop a vehicle or trailer when required by a road
traffic inspector so to do under this Part; or
(e) fails to comply with an order or direction given to that person
by a road traffic inspector or vehicle examiner under this
Part;
that person commits an offence and shall be liable, upon conviction,
in the case of the 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.
PART IX
EXCLUSIVE CONCESSIONS
134. (1) The Minister may, on the recommendation of the Agency, Power to
with the approval of the Commissioner of the Competition and Fair
Trading Commission by statutory notice, give to any person or to any
c&sioas
two or more personsjointly an exclusive concessionto provide a motor
omnibus service along any road (hereinafterreferred to as a concession
road) or in any area upon such conditions and for such periodas 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 Agency for the excision
from the area of the local authority of an area of not more than twenty
kilometres radius from the principal post office in the local authority
area and for the grant to such local authority of an exclusiveconcession
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 in it.
(3) Where the Agency is satisfied that it is necessary or desirable
that a concession be extended and applied to any free road or free area
the Agency shall recommend to the Minister to extend and apply the
concession, by statutory notice and subject to any provisions as to
extension which may be contained in the grant.
(4) 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.
(5)The provisions of sections one hundred and two, one hundred
and foul; one hundred and seven, one hundred and eight, one hundred
 188 No. 11 of 20021 Road TrafSic
and nine and one hundred and ten shall not apply to any service or
vehicle from time to time provided or used under or by virtue of a
concession.
Particulars to 135. Not less than one month before commencing to operate any
be given to
Director new service under or by virtue of any concession,the concessionholder
shall give to the Director 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 and time-table of the service,
and if the concession holder shall make any alterations in the route of
the time-table or in any of the fares or charges for the carriage of
passengers on any servicefor the time being operated by the concession
holder under or by virtue of the concession holder's concession, the
concession holder shall without delay notify the Director of such
alteration:
Provided that-
(a)the concession holder may with the consent of the Director
commence to operate a service notwithstanding that the
concession holder shall not in respect of that service, have
complied with the foregoing provisions of this section; and
(b) the concession holder shall not be required to notify the
Director of any temporary alteration in the route or tirne-
table of any servicemade by the concessionholder at times
of race meetings, public gatherings or the like special
occasions or to facilitate the carrying out road repairs or
in consequence of any accident or any cause beyond the
control of the concession holder.
Restrictions 136. (1) Subject to the provisions of this Part, no person other
r i other than the concession holder shall, during the continuance in force of a
operators
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 concessionroad or in any concession area without the
like consent:

Provided that-
(i) if the Director, after consideringany 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, the concession holder's consent
shall not in that case necessary;
 Road Trafftc [No. 11 of 2002 189
(ii) in respect of any concession road, the Director may issue to
any person, other than the concession holder, roads service
licences for the provision of motor omnibus services by
such number of motor omnibus not exceeding in the
aggregate one motor omnibus for every nine used by the
concessionroad as the Director may think fit, and any motor
omnibus used upon such concession by an existing operator
shall be included in computing the aggregate.
(2) The provisions of paragraphs (c),(d),( c ) and of subsection
(5)of section one hundred and eight shall not apply to an application
for a licence to be granted under the powers conferred upon the Director
by paragraph (ii) of the provision to subsection (1).
(3) Notwithstanding the provisions of subsection (I), aroad service
licence may be granted to any person in respect of a special tour or
journey of bona$de tourist or sporting facilities and the provisions of
the subsection shall not apply to any motor omnibus whilst it i s k i n g
used on such special tour or journey:
Provided that where any such special tour or journey originates
within a concession area or any concession road the concession holder
or that person's nominee shall, if that person is in possession of 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 the tour or
journey, have the exclusiveright to provide the specialtour or journey
unless the Director 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 Director
may issue a short-term road service licence to any other person in
respect of the tour or journey:
137. (1) Notwithstanding the provisions of section one hundred Saving for
existing
and thirty-six any existing operator may, so long as the operator is operators
authorised by a road service licence so to do, continue to provide any
motor omnibus service, in accordance with the conditions of that
operator's road service licence and time-tables in force at the date of
the grant of the concession concerned, which the existing operator
was licensed to provide on any concession road or in any concession
areas at the date of the grant of the concession:
Provided that-
(i) the Director may modify the conditions and time-table, as
long as the rights of the existing operator at the date of the
grant of the concession are not diminished thereby;
(iii) except as provided by section one hundred and thirty six, an
existing operator shall not, without the approval of the
 190 No. 11 of 20021 Road TrafSic
Director and the prior consent of the concession holder
concerned. at any time use a greater number of motor
omnibuses upon such service that the operator was
authorised to use under any road service licence in force at
the said dale, or if such road service licence does not specify
a number of vehicles, then such number as the existing
operator was using thereon at any time during the twelve
months ending on such date.
Revocation of 138. Where a road service licence held by an existing operator in
road service
licence held respect of a motor omnibus service on any concession road or in any
by existing concession area is or has Gzen revoked and where such order or
operator
revocation has not been reversed in any appeal against such order, the
existing operator shall forfeit all the operator's rights as the existing
operator in respect of the road service licence and shall not be granted
any new road service licence under subsection one hundred and thirty-
seven in substitution for the road service licence so revoked:
Provided that the provisions of this section shall not prevent the
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 eight or one hundred and thirty-six or a short term road
service licence in accordance with and subject to the provisions of
section one hundred and nine.
Termini of 139. (1) Where a road service licence is or has been granted
non-
concession authorising a motor omnibus service to provide for the needs of any
routes free road area, nothlng in this Act 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 Director
may determine to be necessary to enable such service-
(a)to reach any other part of the free road or free area; or
( b )to reach the nearest convenient point at which connection
can be macle 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 the passenger should be
set down at any point on any road or in any area to which the same
concession applies.
(3) Any person who contravenes the provisions of subsection (2)
commits an offence and, on conviction, for such offence the Director
may revoke the deternlination or the road service licence appertaining
to such service.
 Road Tr(ljj5c [No. 11 of 2002 191
- - -. -- - -- ~--- ~ -- - ~ ~ - ~

140. During the continuancein force of a concession, the concession Duty of

concession
holder shall provide such motor c)mnibusservices which will serve holder to
adequately and efficiently the neecl?,i n respect of passenger traffic 01. providt:
services
such concession roads or concession areas along or in which motor
omnibus services are from time to t i ~ n enecessary or desirable in the
public interest and can be provided liy the concession holder safely
and, having regard to all the duties of [he concession holder under the
concession, without wasteful or unjustifiableexpense.
141. The fees payable in respect of any public service vehicle used Prescribed
fees
for providing any service under a concession granted under this Part
shall be as may be prescribed by regulations.
142. ( 1 ) If it shall appear to the Director from any information Powers of
given to the Director by a concession holder under the provisions of Director
section one lzundred and thirty jive from any representations made to
the Director by any person that-
([I) 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 the concession
holder's duty under section one huizdred andjorty and
that concession holder's duty to provide;
( b )any of the fares charged or prdposed to be charged for the
carriage of passengers on any service provided or proposed
to be provided under 01-by virtue of any concession is
unreasonable:
( c )any road upon which the concession holder is providing or
proposing to provide ? wryice 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 usecl 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 by the concession holder or
by an existing operator along that route or any part thereof:
( e ) I'or the convenience of the public the time-table of any such
servicerequires modification; or
('j]
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;
 Road Traflc [No. 11 of 2002 193
143. (1) Notwithstanding any other provision of this Act, a concession Savings for
holder may, without obtaining a road servicelicencein respect thereof, mails.
carry in, on or about any motor omnibus used on a service provided PuF$eand
under or by virtue of the holder's concession and in any trailer attached
to such motor omnibus, mails, parcels and passenger's luggage, effects
and bicycles.
(2) Nothing in this section shall be construed as authorising a
concession holder to cany goods other than those mentioned in
subsection(I), exceptunder the provisions of valid road service licence.
144. Where arrangements are made between a concession holder Express
running
and any other person operating a motor omnibus service for the agreements
interchange or express carriage of passengers between or over any
services provided by any of the parties to such arrangements or the
2xpress 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 be deemed for
the purposes of section one hundred and thirty-six to be so used by
the concessionholder:
Provided that where any vehicle is' used in accordance with this
section, 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 concessionholder.
145. (1) The President at any time of emergency and when it is Undertaking
at disposal of
necessary in the public interest may, by written notice addressed to the Government
registered office of a concessionholder, require such concessionholder in emergency
to place at the disposal of the Government the entire fleet of omnibus,
or any specifiedpart thereof belonging to the concession holder together
with the whole or any specified part of the staff, plant, workshops and
depots of the concessionholder, and such fleet, staff, plant, workshops
and depots or any part thereof may be retained by the Government
subject to the payment to the concession holder concerned of such
compensationas 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 in accordancewith the ArbitrationAct.
(2) Any notice purporting to be given under the provisions of
subsection (1) of this section and signified under the hand of the
Minister shall be conclusiveevidence of the existence of the conditions
necessary for the issue thereof and if the concession holder to whom
192 No. 11 of 20021 Road TrafjSc

subject to the provisions of this section, the Director may make any
such order as the Director may consider necessary to secure that the
service or proposed servicewill adequately and efficiently but, having
regard to all the duties of the concessionholder under the concession,
without wasteful or unjustifiableexpense, meet the needs of the route
along which it is proposed to be operated.
(2) Any order made by the Director under subsection (1) may be
amended, altered or revoked by any order subsequently so made.
(3) Before making any order under this section, the Director shall
give to the concession holder and to any person who has made
representations to the Director relating to the subject matter of the
proposed order notice in writing of the Director's intention to consider
the making of such an order together with a draft of the proposed
order, and shall afford such concessionholder or person the opportunity
of making representations or objections in respect of the proposed
order and submittingevidence, whether orally or in writing, in support
of such representationsor 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 Director is satisfied that the order
proposed to be made is necessary, whether with or without modification,
for any of the purposes mentioned in subsection (I), the Director shall
make the order subject to such modifications,if any, as the Director
may considernecessary for that purpose and shall forthwithgive notice
of the making of the order to the concession holder concerned.
(5) Any order made by the Director under this section shall not,
without the consent of the concession holder, come into force until the
expiration of the time prescribed for appealing there from and, if an
appeal is lodged, until the 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
the concession holder commits an offence and, in the case of a
conviction for failing to comply with an order made pursuant to
representations under paragraph (a) of subsection (I), the route or
area concerned may be severed from the concession concerned by
order of the Director:
Provided that no such order of severance shall be of any effect
unless confirmed by the Minister.
 Road Trafic [No,11 of 2002 195
(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 concessionholder or, in
default of agreement, determined by arbitration in
accordance with the Arbitration Act to be the fair market Act No. 19 of
value of the undertaking as a going concern without any 2000
deduction or diminution by reason of the termination of
the concession;
(b) on payment of such considerationby the Government to the
--
concession holder such estateor interest as the concession
holder may at the date of acquisitionbe 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 carriageof passengers or goods and all vehicles,
plants, equipment and stores belonging to the concession
holder at the date of acquisition and used wholly or mainly
for these purposes shall be transferred or delivered to the
Government;
(c) subject to the provisions of paragraph (d) and, on payment
of such consideration the Governmentshall, to the exclusion
of the concession holder, be subject to all obligations and
liabilities whether arising by statuteor 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 liabilitiesin 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, outgoingsand liabilitiesin 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, Govemment, 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
Governmentand aconcession holder as to any matter which
in default of agreement is under this section to-be
 194 No. 11 of 2002 Road TrafJic
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.
Expiration of 146. (1) Where a concession is not at its expiration renewed, or is
concession
renewed in respect of some but not all of the road or areas over or in
which the concessionholder is then providing motor omnibus services
under or by virtue of the concession, if the concession holder applies
before the date of the expiration of the concession for a road service
licence to authorise the concession holder to continue after that date
to provide any serviceprovided by the concession holder 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 Director shall, notwithstanding
the provisions of section one hundred and eight of this Act, grant such
application.
(2) Where an application is granted under subsection (I), the
Director shall issue to the concession holder a road service licence
authorising the concession holder to continue during the normal
currency of such licence to provide the service at the times and fares I

and with the number of motor omnibuses at or which the service was
at any time during the period of twelve months operated by the
concession holder:
Provided that, if the Director is satisfied that the concession holder
has, during the twelve months period referred to in this section, failed
to operate such service efficiently and that by reason of such failure
the application oughtin the public interest to be refused or to be granted
only subject to conditions for securing the efficient operation of this
service, the Director may refuse the application or grant the licence so
applied for subject to such conditions as the Director may consider
necessary for that purpose.
Detemna- 147. (1) If by any written law made or enacted after the date of
tion of
concession by the grant of a concession or by the exercise of any power conferred by
legislation 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 concessionholder on the terms in accordance
with the provisions of this section.
 196 No. 11 of 20021 Road TrafJic
detmnined by arbitration in accordance with the Arbitration
Act No. 19 of Act or as to the lands or buildings or other property which,
2000 or the estate or interest of the concessionholder which is
to be transferred or delivered to the Governmentpursuant
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.
PART X
ROAD AND DRIVING
PROVISIONS
SAFETY OFFENCES
Speed limit 148. (1) The general speed limit-
(a)in respect of every public road or section theieof situated
within the area of a local authority;
(b) in respect of every public road or section thereof situated
outside the area of a local authority;or;
(c)in respect of every freeway;
shall be as prescribed by the Minister, on the recommendation of the
Agency.
(2) An appropriateroad traffic sign, set by the Agency, may be
displayed on any public road indicating a speed limit other than the
general speed limit which under subsection (1) applies in respect of
that road:
Provided that such other speed limits shall not be higher than the
speed limits prescribed under paragraph (c) of subsection (1).
(3) The Ministermay, after consultation with the Agency, in respect
of any particular class of vehicle prescribe a speed limit which is lower
or higher than the general speed limit prescribed under paragraph (b)
or (c) of subsection (1).
(4) No person shall drive a vehicle on a public road at a speed in
excess of-
(a)the speed limits which under subsection (1) applies in respect
of that road;
(b) the speed limit indicated under subsection (2) by an
appropriateroad traffic sign, set by the Agency, in respect
of that road; or
( c )the speed limit prescribed by the Minister, in consultation
with the Agency, under subsection (3) in respect of the
class of vehicle concerned.
Exemptionof 149. Notwithstanding the provisions of secition one hundred and
drivers of fire
engines, etc forty- eighty, the driver of a vehicle belonging to -
f b m speed
limit
 Road Trafic [No. 11 of 2002 197

(a) a fire-fightingorganisation;
(b) a rescue organisation or hospital; or
(c) a traffic police department;
who drives a vehicle in the execution of driver's duties may exceed the
applicable speed limit:
Provided that the driver shall drive the vehicle concerned with due
regard to the safety of other traffic and such vehicle shall be fitted
with a device capable of emitting a sound or with a bell and with an
identification lamp, as prescribed, and such device or bell shall be
constantly sounded and such lamp shall be in operation while the vehicle
is driven in excess of the applicable speed limit.
150. (1) No person shall operate on a public road a motor vehicle Certain
of a prescribed class unless such vehicle is fitted with a prescribed classes of
motor
automatic,electronic, electric or mechanical recording device to record vehicles to
the speed at which such motor vehicle is being driven. contain
recording
device to
(2) The driver of a motor vehicle of a class referred to in subsection measure
(1) shall, when driving such motor vehicle on a public road, use the speed
recording device referred to in subsection (1).
151. Any person who promotes or takes part in any race or trail Road racing
of speed between motor vehicles on a road except with the consent of,
and in accordance with any condition imposed, by the Inspector-
General of Police, commits 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.
152. Any person who permits any motor vehicle to travel backwards Travelling
for a longer distance than may be necessary for turning or other backwards
reasonable purposes commits an offence.
153. (1) A driver of any vehicle shall at all times when it is necessary Warning
for the safety or convenience of the public given audible or sufficient devices
warning of the driver's approach or position by using by such warning
device as may be prescribed.
(2) When a motor vehicle is stationary on a road no person shall
use or permit to be used in connection with such a motor vehicle any
instrument provided for the purpose of giving audible warning, except
when such use is necessary on grounds of safety and such warning
device shall not be used in such a manner as to be a nuisancefo the
public.
(3) The Minister may, notwithstanding anything contained in
subsection (I), by regulation, specify that in certain areas or on certain
 198 No. 11 of 20021 Road Traflc
roads the use of sound warning shall be prohibited at all times or at
certain times, except as may be provided in the regulations.
(4) No motor vehicle other than an ambulance, a fire engine, or a
motor vehicle used solely for ambulance, fire brigade, police or such
other purpose 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.
( 5 ) Any person who fails to comply with the provisions of this
section commits an offence.
Careless 154. (1) 1f ahy person drives a motor vehicle on a road without
driving
due care and attention or without reasonable consideration for other
persons using the road, that person commits 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
andfifty-five and, when a person is charged with an offence under
section one hundred andfifty-five and the court is of the opinion that
the person has not cornmated an offence under subsection (I), that
person may be convicted of an offence under subsection (1) although
that person was not charged with it
Reckless or 155. (1) ,Any person who drives a motor vehicle upon any road
danqerous
driving recklessly, or at a speed or in a manner which is dangerous to the
public, having regard to circumstances of the case, 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, commits an
offence and is liable, upon conviction, to a fine not exceeding fifteen
thousand penalty units or to be imprisonment for a period not exceeding
three 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 subsection
(1) within the road traftic inspector or police officer's view if the driver
refuses to give the driver's name and address or if the traffic inspector
or police officer has reason to believe that the name or address given
is false, or if the motor vehicle does not bear a registration mark.
 Road Trafic [No, 11 of 2002 199

(2) Without restricting the ordinary meaning to the word "reckless "
any person who drives a vehicle in wilful or wanton disregard for the
safety of persons or property shall be deemed to drive that vehicle
recklessly
156. (1) Any person who, when ill charge of a motor vehicle which Being in
charge of
is on a road, but not driving the vehicle, is under the influence of motor vehicle
intoxicating liquor or narcotic drugs to such an extent as to be incapable when under
influence of
of having proper control of such vehicle, comrnits an offence and is intoxicatir~g
or
liable, upon conviction, to a fine not exceeding one thousand five liquor narcotic
hundred penalty units, and in the case of a second or subsequent drugs
conviction, to a fine not exceeding ten thousand penalty units or to
imprisonment for a period not exceeding two years, or to both:
Provided that the person shall be deemed, for the purposes of this
section, not to have been in charge of a motor vehicle if the person
proves-
(a)that at the material time the circumstances were such that
there was no reasonable likelihood of the person driving
the vehicle so long as the person remained unfit to drive;
and
(b) that between the time of that person becoming unfit to drive
and the material time the person had not driven or attempted
to drive the vehicle on a road.
(2) In thls section, the expression " unfit to drive" means being
under the influence of intoxicating liquor or narcotic drugs to such an
extent as to be incapable of having proper control of a motor vehicle.
(3) Any road traffic inspector in uniform or police officer may
arrest without warrant any person coinmitting or reasonably suspected
of committing an offence under this section.
157. (1) Any person who, when driving or attempting to drive a Driving when
under
motor vehicle on aroad, is under the influence of intoxicating liquor influence of
or narcotic drugs to such an extent as to be ~ncapableof having proper inroxicating
liquor or
control of such vehicle, commits an offence and is liable, upon narcotic
conviction, to a fine not exceeding twenty thousand penalty units or to drugs
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 any person committing or reasonably suspected
of committing an offence under this section.
(3) Any person detained ior contravention of any provision of
this section shall not during that person's detention consume any
substance containing alcohol, except on the instruction of, or when
administered by, a medical practitioner.
 200 No. 11 of 20021 Road TrafJic

Driver to 158. (1) A person who has been arrested for an offence under
submit to
medical section-onehundredandfifty-six or one hundred andjifiy-seven may
exantination be required by a read traffic inspector in uniform or police officer to
subject oneself to a medical examination by a medical practitioner for
the purpose of ascertaining whether, in the opinion of the medical
practitioner, the person was, at the time when in charge of a motor
vehicle on a road or when the person was driving or attempting to
drive a motor vehicle on a road, the person was under the influence of
intoxicating liquor or narcotic drugs to such an extent as to have been
incapable of having proper control of such vehicle.
(2) Any person who has been required to submit oneself to a
medical examination under subsection (1) 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 road traffic inspector in uniform or a police officer when
requiring a person to subject oneself to a medical examination under
subsection (1) shall warn such person that failure to submit to medical
examination or to provide a specimen, as the case may be, shall make
that person liable to prosecution and if such police officer or road
traffic inspector does not warn such person, a court before which
such person may be charged with an offence under subsection (5)
shall acquit that person.
(4) No person shall, without reasonable excuse for health reasons,
fail to comply with a request made under subsection (I), by a road
traffic inspector in uniform or a police oficer to provide a specimen
of breath or to submit to the taking of a specimen of that person's
blood or urine.
(5) Any person to w h o -
(a) fails to submit oneself to a medical examination under
subsection (1); or
( 6 )fails to provide a specimen of blood, or within one hour a
specimen of urine on request under subsection (2);
commits an offence and is liable, on conviction, to fine not exceeding
three thousand penalty units or to imprisonment for a, period not
exceeding six months.
(6) 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.
(7) For the purposes of this section-
" fail " in relation to providing a specimen includes refuse and
 Road Trafic [NO. 11 of 2002 201

" failure "shall be construed accordingly;

" laboratory test " means the analysis of a specimen provided
for the purpose; and
" 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.
(8) For the purposes of this section-
(a)the specimen of blood shall be taken from such part of the Cap 297
body as the medical practitioner shall determine; and
(b) the specimen of blood or urine shall be in such quality as the
medical practitioner shall consider adequate for the purpose
of the laboratory test.
159. (1) Subject to subsections (2) and (3), a person required to Detention of
persons
provide a specimen of breath, blood or urine may be detained at a by
police station until it appears to the police officer that, when released, intoxicating
liquor or
if the person has to drive or attempt to drive a motor vehicle on a road, n,otic dmg
the person will not be committing an offenceunder section one hundred
andfifty- six or hundred and$& seven.
(2) A person shall not be detained under this section if it appears to
the police officer that there is no likelihood of the person driving or
attempting to drive a motor vehicle while the person's ability to drive
properly is impaired cjr while the proportion of alcohol in the person's
breath, blood or urine exceeds the prescribed limit.
(3) A police officer shall consult a medical practitioner on any
question arising under this section whether a person's ability to drive
properly is or might be impaired from the levels of alcohol or narcotic
drugs and shall act on the medical practitioner's advice.
160. (1) Any court before which a person is convicted of an offence Week-end
imprison-
under section one hundred and$&-six or one hundred and$+-seven ment
may sentence the convicted person to-
(a) community service under the Prisons Act; or Cap. 97
(b) imprisonment to be served during a number of consecutive
week- ends, not being less than thirty or more than fifty- two,
in this section referred to as "week-end imprisonment".
(2)A person sentenced to week-end imprisonment under subsection
(1) may in addition be liable to a fine not exceeding ten thousand
penalty units.
(3) Where a person is sentenced to week-end imprisonment-
(a) thewanant of the court which passed the sentence shall be
the authority for the person to be immediately taken to a
prison situated as close as possible to the person's usual
place of abode;
 202 No. 11 of 20021 Roud Traflic
( b ) the officer in charge of the prison to which the person is
taken shall record, or cause to be recorded, the relevant
particulars of the person and shall give to the person a
record book in which shall be recorded by the prison
authorities the number of week-ends to be served by the
person in prison and the dates and times of the person's
surrender to and release from prison and on the completion
of the recording of these particulars, which shall take no
longer than absolutely necessary, the person sentenced to
week-end impr~sonmentshall be released until the person
first surrenders oneself in accordance with paragraph (c);
(c)the person shall silrrencler to the prison at 18:30 hours each
Friday and be released at 18:30hours each Sunday during
the continuancr.of the person's sentence.
(I)When considering whether to pass a sentence of week-end
imprisonment, the court shall ask the person about to be sentenced
whether the person has any objection to the course being taken and
shall record the reasons given for any objection which may be raised.
( 5 ) If the person sentenced to week-end imprisonment fails to
surrender oneself 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 court shall issue a warrant
for the person to be arrested and brought before the court.
(6) Where, under subsection ( 5 ) , a person is brought before the
court by which the person was sentenced to week-end imprisonment,
the court shall, unless it orders the continuation and completion of the
total number of week-ends to be served in prison, cancel its original
order and substitute for the sentence malung allowance for any week-
ends served, a sentence of imprisonment for a period not exceeding
five years.
(7) The Minister may, on the recommendation of the Agency by
notice in the Gazette make regulations pertaining to week-end
impnsonrnent.
Causing 161. (1) Any person who causes the death of another person by
death by the driving of a motor vehicle on the road recklessly, or at a speed, or
reckless or
dangerous manner which is dangernus to the public, having regard to all the
driving circumstances of the c,se. including the nature, condition and use of
the road, and the amount of traffic which is actually at the tiine, or
which might reasonably be, expected to be, on the road commits an
offence and shall be liable. upon conviction, to a fine not exceeding
thirty thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.
 Road TrafJic [No. 11 of 2002 203
(2) When a person is charged with an offence under subsection (1)
and the court is of the opinion that the person has not committed the
offence, but that the person has committed an offence under section
one hundred andfifty-four, or one hundred andfifty-five that person
may be convicted of the offence of which the court is of the opinion
that the person is guilty of notwithstanding that the person is not charged
with that offence and whether or not that the requirement of section
one hundred and sixty- two have been satistied 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.
162. (1) Where a person is prosecuted for an offence under any of Warning to
be given
the provisions of this Part relating to the maximum speed at which before
vehicles may be driven, reckless driving, dangerous driving. careless prosecution
driving, failure to obey traffic signs or signal, or the obstruction of a
road by a vehicle, that person shall not be convicted unless-
(a) the person was warned at the time the offencewas committed
that the question of prosecuting that person for an offence
under one or other of the sections providing for the offence
would be taken into cansideration;
(6) within fourteen days of the commission of the offence a
summons for the offence was served on that person; or
(c)within the fourteen days referred to in paragraph (b)a notice
of the intended prosecution specifyingthe alleged offence
and the time and place where it is alleged to have been
committed was served on or sent by registered post to that
person 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-eighty days of the
commission of the offence, unless the consent in writing
of the Director of Public Prosecutions is obtained to serve
the summons outside the period of twenty- eighty 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
satisfiedthat-
(i) the name and address of the accused or the name of the
registered owner of the vehicle could not with reasonable
diligence have been ascertained in time for a summon to
be served or for a notice to be served or sent as aforesaid;
or
(ii) the accusedby the accused's conduct substantiallycontributed
to the failure.
(2) The requirements of subsection (1) shall be presumed to have
been complied with unless and until the contrary is proved.
 204 No. 11 of 20021 Road Trafic
Driving 163. (1) No person shall use or cause or permit to be issued on a
motor
vehicle in road any motor vehicle or trailer which is in such a condition or any of
dangerous the equipment or fittings of which are such that a danger is caused or
condition
is likely to be caused, to any person on the vehicle or trailer 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
commits 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 offence or subsequent offence,
to a fine not exceeding two thousand penalty units.
(4) Notwithstandinganything 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 trafiic inspector in uniform
or by any police officer.
Loads to be 164. (1) No person shall use or cause or permit to be used on a
secure
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, in consultation with the Agency, by statutory instrument make
such regulations as may appear necessary to minirnise such danger.
(2) Any person contraveningthe provisions of this section commits
an offence and liable to a fine not exceeding one thousand penalty
units or imprisonment for a period not exceeding three months for a
first offence and to a fine not exceeding three thousand penalty units
or imprisonment for a period not exceeding six months or to both.
Position of 165. The driver of a vehicle shall not drive from'such a position
Driver
that the driver has no full control of the vehicle and full view of the
road and traffic ahead and to the sides of the vehicle, and shall not
permit any person to sit beside the driver in such a manner as in any
way to obstruct the driver's view or hinder the driver in steering or
controlling the vehicle.
Limitation of 166. (1) No person shall use or cause or permit to be used on a
numbers of road any motor vehicle in which the number of occupants, including
occupants of
motor the driver, exceeds the seating capacity of such motor vehicle as
vehicles
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
 Road Trafic [No. 11 of 2002 205
-- - --

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 the subsection (1)
commits an offence.
167. (1) Subject to subsection (2), a person shall not drive or ride obligation to
in, a motor vehicle on a road without fastening the seat belt. wear seat
belts
(2) Notwithstanding subsection-1)(
(a)users of vehicles constructed or adapted for the delivery of
goods or mail to consumers or addresses, as the case may
be, while engaged in making local rounds of deliveries;
(b)the drivers of vehicles while performing a manoeuvre which
includes reversing;
(c)any person holding a valid certificate signed by a medical
practitioner to the effect that it is inadvisable on medical
grounds for such person to wear a seat belt; or
(d) any person in a vehicle which, on account of being an old
model, is not fitted with seat belts;
shall be exempted from the requirement to wear a seat belt in terms of
this section.
(3) A person who drives or rides in motor vehicle in contravention
of subsection (1) commits an offence and shall be liable, on conviction,
to a fine not exceeding one thousand penalty units:
Provided that notwithstanding any provisions of any other law no
person other than the person actually committing the contravention
commits an offence.
(4) If the person who is the holder of any certificate referred to in
paragraph (c) of subsection (2) is informed by a police officer that
such person may be prosecuted for an offence under subsection (3),
such person shall not in proceedings for that offence rely on the
exemption afforded to such person by the certificate unless-
(a)it is produced to the police officer at the time the person is so
informed; or
(b) it is produced-
(i) within seven days after the date on which the person
is so informed; or
(ii) as soon as is reasonably practicable;
at such police station as the person may have specified to the
police officer:
Provided that where it is not produced at such police
station within the period specified in this paragraph, it is
produced there before the day on which the proceedings
are commenced.
 206 No. 11 of 20021 Road Traflc
Restrictipns 168. (1) Subject to subsection (3), any person carrying in that
on carry~ng
children not person's vehicle a child who is less than ten years old shall not allow
wearing seat that child to occupy the front passenger seat.
belts in
motor (2) Where a child under the age of ten years is in the rear of a motor
vehicles vehicle and any seat belt is fitted in the rear of that vehicle, a person
shall not without reasonable excuse drive the vehicle on a road unless
the child is wearing a seat belt.
(3) Notwithstanding subsection (I), where-
(a)a child under the age of ten years, and who is less than one
hundred and fifty cent metres in height, is in a passenger
car;
(b) no seat belt is fitted in the rear of a passenger car; and
(c) a seat in the front of the passenger car is provided with a seat
belt but is not occupied by any person;
a person shall not without reasonable excuse drive the passenger car
on a road unless the child is occupying the front seat and is wearing a
seat belt.
(4) A person who drives a motor vehicle in contravention of this
section commits an offence and shall be liable upon conviction, to a
fine not exceedingone thousand penalty units.
Driving 169. (1) No person shall drive a vehicle on a public road-
when using a (a)while holding a cellular or mobile telephone or any other
hand held communication device in one or both hands or with any
mobile
telephone other part of the body;
(b)while using or operating a cellular or mobile telephone or
other communication device;
unless such a cellular or mobile telephone or other communication
device is affixed to the vehicle or is part of the fixture in the vehicle or
is specially adapted or designed to be affixed to the person of the
driver as headgear, and is so used, to enable such driver use or operate
such telephone or communication device without holding it in the
manner specified in paragraph (a),and remains so affixed while being
used or operated.
(2) Sub subsection(1) does not apply to the following persons while
driving in execution of their duties:
(a) thk driver of a fire-fighting vehicle; or
(b)the driver of a rescue vehicle or ambulance:
Provided that such person drives the vehicle concerned
with due regard the safety of other road users.
(3)For the purposes of this section-
(a)the word "headgear" includes for the purposes of this section
a device which is specially designed or adapted to allow
the driver to use a cellular or mobile telephone or other
communicationdevice in such manner that such person
does not hold it in one or both hands or with any other part
 Road TrafSic [No. 11 of 2002 207
- - -

of the body, and which is connected to the cellular or mobile

telephone or other communication device concerned,
directly or indirectly, while being fitted to or attached to
one or both ears of the driver; and
(b) the phrase " cellular or mobile telephone or any other
communication device " excludes land mobile radio
transmission and reception equipment.
(4) If a person drives a vehicle on a public road or other public
place while making or receiving or conducting a telephone call using a
hand-held cellular or mobile telephone or any other communication
device in contraventionof this section, that person commits an offence
and is liable on conviction to a fine exceeding one thousand five hundred
penalty units.
170. (1) Subject to subsection (3) and unless otherwise directed Drivers to
by a road traffic inspector ill uniform or policeofficer, no person shall obey traffic
signs
fail to comply with any direction conveyed by a road traffic sign
displayed in the prescribed manner.
(2) Any person who fails to comply with any direction conveyed by
a road traffic sign commits an offence.
(3) In any prosecution for an offence under subsection (l),it shall
be presumed, in the absence of evidence to the contrary, that the road
traffic sign concerned was displayed by the proper authority and in
accordance with the provisions of this Act.
(4) Subsection (1) and 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 road traffic inspector's 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:
Provided that such vehicle shall be driven -
( a )with due regard to the safety of other traffic; and
(b) with sounding device and identification lamp activated as
prescribed activated.
171. ( 1 ) All vehicles on any road shall give way to any railway Vehicles to
give way to
locomotive or rolling stock whlch is approachingor crossing such road all locomo-
by means of arailway line: tives at
railway
Provided that this section shall apply only when all reasonable steps crossings
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
 208 No. 11 of 20021 Road Trafic

such level crossing is clearly visible at a distance of one

hundred metres; or
(b) in the case of any other level crossing within local authority
area, when all reasonable steps have been taken to indicate
such level crossing by luminous signs or other illuminate
devices of such type and pattern and in such manner as
may be prescribed.
(2) Any person who fails to comply with the provisions of subsection
(1) commits an offence.
Stopping of 172. (I) When a vehicle is approaching a place in a road where
at
school children on their way to or from school are crossing or seeking to
crossing cross the road, a school trafic warden 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) that person shall cause the vehicle to stop before reaching
the place where the children are crossing or seeking to cross,
and has not to stop or impede their crossing; and
(b)the vehicle shall not be put in motion 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) commits
an offence.
(3) In this section-
(a)" prescribed sign " means a sign prescribed by the Minister
on the advice of the Agency;
(b) " school traffic warden " means a person appointed by the
Minister to be a school traffic warden for the purpose of
this section.
(4) For the purpose of this section-
(a)where it is proved that a sign was exhibited by a school traffic
warden exhibited a sign, 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 traffic warden was wearing
uniform, the uniform shall be presumed, unless the contrary
is proved, to be uniform approved by the Minister; or
(c) where it is proved that a prescribed sign was exhibited by a
school traffic warden 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.
 Road Trafic [No. 11 of 2002 209

173. (1) Any person driving a vehicle on a public road shall drive Side of the
road on
on the left side of the carriageway and, where such carriageway is of which
sufficient width, as in such manner as not to encroach on that half of gz:eF
the carriage way to that person's right:
Provided that such encroachment shall be pemissible-
(a) where it can be done without obstructing or endangering
other traffic or property which is or may be on such
caniageway and it is not prohibited by a road traffic sign;
or
(b) in compliance with a direction of a road traffic inspector in
uniform or a police officer.
(2) On a dual carriage way a person driving-
(a) a slow moving vehicle shall drive on the outer lane of the
carriage way; and
(6) a fast moving vehicle shall drive on the inner lane of the
carriage way.
174. (1)Whenever any public road has been divided into two or Drivin on
divideif
more carriagewaysby means of a continuous white line or by a physical publicroad
barrier or dividing section constructed to impede vehicular traffic, no
person shall drive a vehicle upon such public road except upon the
left hand carriageway unless directed or permitted by an appropriate
road traffic sign or a road traffic inspector in uniform or police officer
to use another carriageway.
(2) No person shall drive a vehicle on, over, across, or within any
driving space, continuous white line, barrier or section referred to in
subsection (I) except through an opening in such space, barrier or
section at across-over or inter-section.
(3) Notwithstanding subsection (2), no person shall drive through
any opening or at any such opening or intersection where the driving
is prohibited by an appropriate road traffic sign, a road MIC inspector
in uniform or police officer:
Provided that the provisions of this section shall not apply to a
police officer in the execution of that police officer's duties.
175. Subject to the provisions of section one hundred and seventy- Overtaking
of vehicle
three, the driver of a vehicle intending to pass any other vehicle
proceeding in the same direction on a public road shall pass to the
 210 No. 11 of 20021 Road Traf3c
right of it at a safe distance and shall not drive on the left side of the
carriage until safely clear of the vehicle so passed:
Provided that passing to the left of such vehicle shall be permissible
if the person driving the vehicle does so with safety to oneself and
other traffic or property, which is or may be on such road and-
(a)the vehicle being passed is turning to its right or its driver has
signalled the intention of turning to the right; and
(b)such road is a public road in an urban area and
(i) is restricted to vehicles moving in one direction;and
(ii) the carriage way is of sufficient width for two or
more lines of moving vehicles moving in one
direction.
Right of way 176. The driver of a vehicle on a public road shall, when the driver
at round-
about intends to enter any public road which constitutes a junction of two or
more public roads where vehicular traffic is required to move around
a traffic roundabout within suchjunction, yield the right of way to all
vehicular traffic approaching from the driver's right within such
junction, unless the driver's entry into such junction is controlled by
an instruction given or a direction conveyed by aroad traffic inspector
in uniform or a police officer or communicatedby a traff~csign requiring
the driver to differently.
Ri ht of way 177. The driver of a vehicle on a public road shall, when the driver
at four way
junction intends to enter any public road which constitutes a junction of two
public roads where vehicular traffic which is approaching from all
directions is required to stop at such junction, yield the right of way to
all vehicular tr&c which arrived at the junction before such driver on
a first- come frrst-go basis, unless the driver's entry into suchjunction
is controlled by an instruction given or a direction conveyed by aroad
traffic inspector in uniform or a police officer or communicated by a
traffic sign requiring the driver to act differently.
Procedure 178. (1) The driver of a vehicle on a public road who desires to
when turning
turn to the left shall, having due regard to the provisions of section one
hundred and seventy-four,before reaching the point at which the driver
intends to turn, indicate the driver's intention to turn and shall steer
the vehicle as near to the left side of a carriageway on which the driver
is travelling as circumstances may permit and shall make such turn
with due care and merge into such traffic as may at the time be
proceeding along, towards or into the public road into which the driver
desires to turn.
 Road TrafJic [No. 11 of 2002 211
- - - - ---

(2) The driver of a vehicle on a public road who desires to turn to

the right shall, having due regard to the provisions of section one
W r e d and seventy-four, before reaching the point at which the driver
desires to turn, indicate in the prescribed manner, the intention to turn
and shall not effect such turning unless the driver can do so without
obstructing or endangering other traffic and-
(a)if the driver is driving a vehicle on a carriage way of a public
road where such carriageway is intended for traffic in both
directions-
(i) the driver shall steer the vehicle as near as
circumstancemay permit to the immediateleft of
the middle of the carriageway on which the %ver
is travelling; and
(ii) where the turn is at any intersection,the driver shall
not encroach on the right half of the carriageway
into or out of which the driver intends to turn,
except in the inter-section itself but shall in any
event pass to the left of any traffic roundabout in
such intersection or comply with the direction
indicated by an appropriateroad mc sign; or
(b)if thedriver is driving a vehicle on the carriageway of a public
road where the roadway is intended for traffic in one
direction only-
(i) the driver shall steer the vehicle as near as
circumstances permit to the right side of
carriageway;
(ii) where the turn is at an inter-section the driver shall
not encroach on the right half of the carriageway
into which the driver intends to turn, except in the
inter-section itself but shall in any event pass to
the left of any roundabout in such intersection or
comply with the directions conveyed by an
appropriateroad traffic sign:
Provided that where the turn is to be made into a carriageway
intended for traffic in one direction only, the driver may encroach on
the right half of that carriageway.
179. The driver of a vehicle on a public road shall stop the vehicle- Compu1*y
stops
(a)in compliance with any direction indicated by a road traffic
inspector in uniform or police officer; or
(b) at the request or the signal of a person leading, riding or
driving any animal, or ostrich on such road.
 212 Np. 11 of 20023 Road Trafic
Duties of 180. (1) No person having a vehicle on a public road shall-
driver and
passenger of (a)cause the vehicle to travel backwards unless it can be done in
vehicle on
public road safety, or cause it to run backwards for a distance or time
longer than may be necessary for the safety or reasonable
convenience of any other occupant of that vehicle or of
other traffic on such road;
(b)follow another vehicle more closely than is reasonable and
prudent having regard to the speed of the other vehicle
and the traffic on, and the condition of, the carriageway;
(c) permit any person, animal or object to occupy any position
in or on the vehicle which may prevent the driver from
exercising complete control over the movement of the
vehicle or signalling of the driver's intention of slowing
down or changing direction;
(d) when driving the vehicle, permit any person to take hold of
or interfere with the steering or operation mechanism of
the vehicle;
(e) when driving the vehicle, occupy such position that the driver
has no complete control over such vehicle or has not a full
view of the carriage and traffic ahead of such vehicle;
If) allow the vehicle to remain unattended on the road without
setting its brakes or adopting another method that will
effectively prevent the vehicle from moving from the
position in which it is left;
(g) if the vehicle is parked or is stationary at the side of the road,
drive the vehicle from the position unless the driver is able
to do so without interfering with moving traffic approaching
from any direction and with safety to the driver and others;
(h) fail to give an immediate and absolute right of way to a vehicle
sounding a device or bell in terms of section one hundred
and$&- three;
(i) allow any portion of the driver's body to protrude beyond the
vehicle while it is in motion on such road except for the
purpose of giving a hand signal which the driver is required
or authorised to give in terms of this Act or unless the
driver is engaged in examining or testing the vehicle;
Ci) permit any person or animal to occupy the roof, any step or
running board or any other place on top of a vehicle while
the vehicle is in motion;
(k) cause or allow the engine of the vehicle to run in such manner
that it emits smoke or fumes which would not be emitted if
 Road Trafic [No.11 of2002 213
the engine were in good condition or run in an efficient
manner;
(1) cause or allow the engine of the vehicle to run while the
motor vehicle is stationary and unattended;
(m) negligently or wilfully deposit or cause or permit to be
deposited any petrol or other liquid fuel or any oil or grease
or other inflammable or offensive matter, ashes or other
refuse, of whatever nature, from the vehicle upon or along-
side the road; or
(n) cause or allow the engine to run while petrol or other
inflammable fuel is being delivered into the fuel tank of
the vehicle or cause or allow the engine to be started up
before the delivery of petrol or other inflammable fuel into
the fuel tank of the vehicle has been completed and the
cover of the fuel tank has been replaced.
(2) No person, other than the driver, shall take hold of, or interfere
with, the steering or operating mechanism of a vehicle while it is in
motion on a public road unless it may reasonably be inferred that the
driver is no longer capable of steering or controlling the vehicle.
(3) No passenger in a vehicle on a public road shall permit any part
of the passenger's body to protrude beyond the vehicle.
(4) No person shall enter or alight from any vehicle on a public
road unless is stationary and unless the person can do so with safety to
that person and other users of the road.
(5) No person shall drive, pull or push a vehicle upon a sidewalk:
Provided that the provisions of this section shall not apply to a
perambulator, invalid chair, baby cart or child's play vehicle.
(6) Any person who contravenes any of the provisions of this section
commits an offence.
181. (1) No person shall drive a motor-cycle on a public road unless Duties of
driver of
that person's feet are resting on the front foot-rests suitable for the moto,.cyc~e
purpose and, where the design of the motor cycle or motor tricycle or motor
bicycle
makes it possible to do so, the person is seated astride on the saddle of
the motor cycle or motor tricycle.
(2) No person shall on a public road carry a passenger on a motor
cycle unless the cycle has an engine with a cylinder capacity exceeding
fifty cubic centimetres and unless the passenger is seated in a side-car
or astride on a pillion attached to the cycle and, in such latter event,
the feet of the passenger are resting on foot-rests suitable for that
purpose.
(3) Subject to the provisions of subsection (2), not more than two
persons shall ride upon a motor cycle on a public road excluding a
person riding in a side-car attached to the motor cycle.
 214 No. 11 of 20021 Road TraSJic
(4) Not more than two adult persons shall be carried in a side car
attached to motor cycle on a public road.
(5) No person or animal or article shall be carried on a motor cycle
or motor tricycle on a public road in front of the driver:
Provided that an object of a non-bulky nature may be carried if
securely attached to the motor cycle or motor tricycle or placed in a
suitable carrier fitted on such motor cycle or motor tricycle for that
purpose and carried in such a way as not to obstruct the driver's view
or prevent the driver from exercisingcompletecontrol over such motor
cycle or motor tricycle.
(6) Any person driving a motor cycle or motor tricycle on a public
road shall do so with at least one hand on the handle-bars of such
motor cycle or motor tricycle.
Protective 182. (1) The Minister may, in consultation with the Agency, by
helmets for
motor statutory instrument, make regulations-
cyclists (a)making it compulsory for protective helmets to be worn by
persons riding on motor cycles, or in side-cars attached to
motor cycles; and
(b)prescribing the shape, constructionor quality of protective
helmets.
(2) If any person sells, or offers for sale any helmet as a helmet for
affording protection as referred to in subsection (I), and the helmet
fails to comply with any requirement prescribed under this section,
that person commits an offence and is liable upon conviction, in the
case of a first offence, to a fine not exceeding one thousand penalty
units or in default imprisonmentfor a term not exceeding three months.
(3) In this section, helmet " includes any head-dress, and r e f m e s
"

in this section to selling or offering for saleinclude respectively reference

to letting on hire and offering to let on hire.
Pedestrian's 183. (1)Where a pedestrian crossing is situated in conjunction with
right of way a traffic signals, a pedestrian shall not enter the crossing except in
on Pepaman
crosslng accordance with the indication of such traffic signal as prescribed.
(2) In circumstancesnot refered to in subsection (1). the driver of a
vehicle shall yield the right of way, slowing down or stopping if need
be to so yield, to a pedestrian crossing the camageway, within a
pedestrian crossing when the pedestrian is upon the half of the
carriagewayupon which the vehicle is travelling or when the pedestrian
is approachingso closely h m the opposite half of the camageway as
to be in danger.
 Road Trafic [No. 11 of 2002 215
(3) No pedestrian shall suddenly enter a pedestrian crossing and
walk or run into the path of a vehicle which is so close that it is
impossible for the driver to yield as contemplated in subsection (2).
(4) Whenever any vehicle is stopped at a pedestrian crossing to
permit pedestrian to cross the carriageway, the driver of any other
vehicle approaching from the rear shall not pass such a stopped vehicle.
184. (1)Whenever a side-walk or footpath abuts on the carriageway Duties of
of a public road, a pedestrian shall not walk in the roadway except for pedeshans
the purpose of crossing from one side of the carriageway to the other
or for some other sufficient reason.
(2) A pedestrian on a public road which has no sidewalk footpath
abutting on the carriageway, shall walk as near as is practicable to the
edge of the carriageway on the pedestrian's right-hand side so as to
face on-coming traffic on such carriageway.
(3)No pedestrian shall cross a public road without satisfying oneself
that the carriageway is sufficiently free of on-coming traffic to permit
the pedestrian to do so in safety.
(4) A pedestrian, when crossing a public road by means of a
pedestrian crossing or in any other manner, shall not loiter on the road
but shall proceed with the due dispatch.
(5) No pedestrian on a public road shall conduct oneself in such
manner as to, or as is likely to, constitute a source of danger to that
pedestrian or to other traffic which is or may be on such road.
(6) Any person who contravenes this section commits an offence
and shall be liable on conviction to a fine not exceeding three thousand
penalty units.
185. (1) Except in order to avoid an accident, or in compliance stoppingof
vehicles
with a road traffic sign or with a direction given by a road traffic
inspector in uniform or a police officer or for any cause beyond the
control of the driver, no person shall stop a vehicle on the carriageway
of a public road-
(a)alongside or opposite an excavation or obstruction on the
public road if other traffic would be obstructed or
endangered by such stopping;
(b) within any tunnel or subway or on any bridge or within six
metres of any tunnel, subway or bridge;
(c)in or within six metres from the beginning or end of any part
of such carriageway where the normal width thereof has
for any reason been constricted;
(d) in contravention of aroad traffic sign;
( e )on the right-hand side thereof, facing on-coming traffic;
 216 No. 11 of 20021 Road Trafic
# along-side or opposite any other vehicle on such roadway,
where such roadway is less than nine metres wide;
(g) within the railway reserve at a level crossing;
(h) within nine metres of one's approach side of a pedestrian
crossing demarcated by appropriate road traffic signs for
the purpose of loading or unloading persons or goods; or
(i) in any other place where the stopping of the vehicle would or
would be likely to constitute a danger or an abstraction to
other traffic.
Parking of 186. (1) No person shall park a vehicle on a public road-
vehicle
(a) in contravention of any road traffic sign;
(b) in any place specified in section orze hundred and severzty-
two;
(c) on the same side as a fire hydrant within an area bounded by
the centre-line of the carriageway and lines at right angles
to the centre-lineon either side of the hydrant, if the hydrant
is clearly visible to and recognisable as such by drivers of
moving traffic signs;
(d)in any place where the vehicle would obstract any road traffic
sign;
(e) in such manner as to encroach upon the sidewalk, if any; or
flin such manner as to obsbruct any private or public vehicular
entranceto the road.
(2) No person shall park a vehicle on any portion of the
carriageway (excluding the shoulders)of a public road outside an urban
area or any part of the vehicle within five metres of the edge of the
carriageway except in parking places demarcated by an appropriate
road traffic sign.
(3) No person shall park a vehicle on the carriageway of a public
road within an urban area-
(a) within nine metres of the side from which that person
approaches a pedestrian crossing demarcated by an
appqniate madt.railic sign, unless the parking is permitted
by appmpriate road traiXc signs;
(b) within five metres of any inter-section;
(c) upon or over the actuating mechanism of a traffic signal;
(d) with the outside of any left-hand wheel of the vehicle more
than forty millimetres within the carriageway unless the
 Road TrafJic [No. 11 of 2002 217

parking is done in conformity with an appropriate road

trafic signs; or
( e ) which is less than five and a half metres wide unless the
public road concerned is restricted to vehicles moving in
one direction and the parking is permitted by appropriate
mad 'traffic signs.
187. (1) Notwithstanding the provisions of sections one hundred Certain
vehicles may
and eighty-five and one hundred and eighty six, the driver- stop and park
at any place
(a)of a motor vehicle belonging to-
(i) a fire-fighting organisation;
(ii) a rescue organisation or hospital;
(iii) a traffic police department in execution of its duties; or
(iv) traffic inspectorate of the Agency in the execution of
duties;
(b) who drives a motor vehicle while it is used in construction or
maintenanceof a public road or is renderingessential public
service;
may stop or park the vehicle concerned at any place where it may be
necessary to do so.
(2) A vehicle stopped or parked under subsection (1) shall while
such vehicle is so stopped or parked, display appropriate identification
lamps.
188. (1) A vehicle when not in motion on aroad shall be placed as ~ ? ~ ~
far as possible to the left-hand side of the carriageway by the driver or by vehicle
other person in charge of the 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 or road traffic inspector
in uniform or as indicated by any traffic sign lawfully erected.
(3) Any person failing to comply with the provisions of this section
commits an offence and is 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.
(4) Upon the conviction of any person of an offence under this
section, the court, may in addition to the penalty prescribed in subsection
(3), order that the vehicle in respect of which the offence was committed
be impounded.
 218 No. 11 of 20021 Road Trafic
Disabled 189. (1) If a vehicle is disabled, it shall whenever possible be
vehicles
removed from the caniageway by the driver or other person in charge
-
of the 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
commits an offence and is 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.
(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
cclmmitted be prohibited from the road after considering a vehicle
examiner's report that the disabled vehicle is no longer soadworthy.
(4) Any disabled vehicle prohibited from the roadtmder the
provisions of subsection (3) shall not be disposed of in any way unless
the owner of the vehicle has obtained from the Agency a certificate
stating that the defects discovered earlier have been properly remedied,
and that the vehicle is again fit for use on the road.
( 5 ) Any person who contravenes subsection (4) commits an
offence and is liable, upon conviction, to a fine not exceeding three
thousand penalty units.
Removal of 190. (1) -The Minister may, in consultation with the Agency, by
vehicles
from roads statutory instrument, make regulations for following purposes:
(a)to provide for 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 of the provisions of
this Act;
(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 prescribed,
or if any expenses incurred in the removal, storage, or in
the arrangement for the disposal of the vehicle, are not
paid in full;
(e) to provide for the removal of any property carried in or
any vehicle referred to in paragraph (c) and for the disposal
 Road Traffic [No. 11 of 2002 219
by the sale or otherwise of the 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 the removal or in respect of storage or in
arranging for the disposal of the 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 proceeds are not claimed within the period and
according to the procedure prescribed; and
(g) to provide for the protection against any claim in any legal
proceedings or otherwise to be afforded to persons acting
under or in the pursuance of regulations made under this
subsection, and to specify the circumstances in which such
protection will be afforded.
(2) Expensesreasonably 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 sorecovered shall be paid to to the authority which lawfully
incurred it.
(3)No person or authority who may be authorised to take any action
under regulation 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 the vehicle, resulting from any action taken by
the person or authority in good faith and without negligence and in
intended exercise of any authorisationunder that subsection.
191. (1) Any vehicle standingon a public road'in a position or in Vehicles
abandonedor
a circumstance which, in the opinion of a road traffic inspector in road
uniform or a police officer, is likely to cause danger or obstruction to
other M i c on the road, may be removed forthwith to a safer place by
the road traffic inspector or police officer.
(2) Any vehicle-
(a) parked in a place where-
(i) the stopping of a vehicle is prohibited; or
(ii) a vehicle or the class to which the vehicle belongs
may not be parked;
(b)left for a continuous period of more than-
(i) twenty four hours in the same place on a public road
outside an urban area;
(i) seven days in the same place on a public road within
an urban area ;or
(c) found on a public road and to which-
220 No. 11 of 20021 Road Trafic
(i) no registration number is affixed or, in the opinion of a
road traffic inspixtor in uniform or a police officer, a
false registration number is affixed; or
(ii) no other number or anything else is affied which may, in
the opinion of a road traffic inspector in uniform or a
police officer, save to identify the owner;
shall be deemed to have been abandoned by the owner and the vehicle
may be removed by or on behalf of the authority having jurisdiction
over the place or road concerned.
(3) The authority referred to in subsection (2) shall take all reasonable
steps to trace the owner and the owner shall, except in the case of a
stolen vehicle be liable to pay the authority for expenses incurred-
(a)to remove the vehicle;
- (b) to keep the vehicle in custody for a period not exceeding
four months; and
(c)to trace the owner ;
and the authority may, subject to the provisions of subsection (4),
retain possession of the vehicle until the expenses have been paid,
(4) if-
(a)the owner of the vehicle is traced by the authority referred
to subsection (2) and fails to recover the vehicle concerned
and pay the expenses referred to in subsection (3) within
fourteen days of being requested to do so ;or
(b)after lapse of one month from the date of removal referred
to subsection (2), the owner cannot be traced;
the vehicle and anythingcontained therein may be sold in the manner
prescribed by any law governing the sale of movable property by the
authority and, whenever possible, the Agency shall be advised of such
sale.
( 5 )The proceeds of any sale referred to in subsection (4) shall be
applied to the cost of the removal, custody and the sale of the vehicle
concerned and all the endeavours made to trace the owner of the vehicle
and any balance shall be paid to the owner thereof upon the owner
establishingthe owner's claim thereto:
Provided that if no claim is established within one year of the date
of sale the balance shall be forfeited-to the general revenues of the
Government.
(6) If any authority referred to in subsection (2) is unable to sale
any vehicle as contemplated in subsection (4), it may dispose of the
vehicle in any nlanner it considers fit and any monies received as a
result of the disposal shall be forfeited to the authority.
 Road TrafJic [No. 1 of 2002 221

(7) An authority referred to subsection (2) may delegate ,either

generally, or specifically ,any power conferred upon it in terms of
that subsection to any person in its employ.
(8) The exercise by any person or authority of the powers
conferred by this section shall not render the person or authority
subject to any liability in respect of the costs or theft of or damage
to any vehicle or part thereof or of anything therein.
(9) Subject to the provisions of any other law, no person shall
leave a vehicle in the same place on a public road for a continuous
period of more than seven days.
192. (1) Any person leaving a motor vehicle unattended on a Engine to be
road shall, before doing so, stop the engine and take such steps as stopped
when vehicle
are necessary to prevent the vehicle from moving. unattended
(2) Any person who fails to comply with the provisions of this
section commits an offence.
193. (1) No person shall open any door of any motor vehicle or Opening
doors of
trailer on or near a road without reasonable consideration of the vehicles
safety of other persons using the rord.
(2) No person in charge of a motor vehicle or trailer shall allow
any door of the vehicle or trailer while stationary on a road to remain
open on the side of the motor vehicle or trailer on which other
vehicular tr&c is moving, or is likely to move, for a period of time
longer than is necessary to load or unload passengers or goods from
the 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 the motor vehicle
or trailer.
(4) No person shall drive a motor vehicle or trailer on a road
unless the doors of the motor vehicle or trailer are closed.
(5) Any person who contravenes any of the provisions of this
section commits an offence.
194. No driver of a motor vehicle shall use a cut-out or otherwise Silencer
permit the exhaust gases from the engine to escape into the
atmosphereotherwise than through an efficient silencer.
195. (1) The owner and the driver of any motor vehicle shall Discharge of
oil and
take proper precautions to prevent the unnecessary discharge of smoke
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
commits an offence.
(3) Notwithstanding anything contained in subsection (2) any
motor vehicle excessively dischargingfuel,oil or lubricantsor smoke
 222 No. 11 0f~20021 Road Tra$fic

on any road may be impounded by a road traffic inspector in uniform

or a police offrcer:
Provided that no such vehicle shall be impounded if it is 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 at a restricted speed.
Filling
petrol, etc 196. (1) Any person who fills 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, or any person who
smokes or lights a match or introduces any naked lights in close
proximity while petrol or other inflammablefuel if being filled commits
an offence.
(2) Any driver of a public service vehicle or a person in control of
such a vehicle who allows petrol or other inflammable fuel to be filled
into a public service vehicle while any passenger is within the vehicle
commits an offence.
(3) Any driver of a public service vehicle or person in control of
such a vehicle who carries petrol of any other inflammable fuel in a
public service vehicle commits an offence.
Prohibition 1W. (1) Subject to the other provisions of this section, no person
of sale of
vehicles in a shall sell or supply, or offer to sell or supply, a motor vehicle or trailer
condition not for delivery in a condition that the use thereof on a road in that condition
complying
with would be unlawful by virtue of any provisions of this Act or of the
regulations
as to regulations made under the Act as to the construction, weight and
construction 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 the 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, commits 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
that person proves that the person had reasonable cause to believe that
the vehicle or trailer would not be used on a road until it had been put
in to a condition in which it might be lawfully 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
 Road Traflc [No. 11 of 2002 223

reflectors or the maintenance thereof, would not be used during lighting-

up time until it had been put into a condition in which it might be used
during that time without contravention of the requirements imposed
by law as to obligatory lamps or reflectors.
(4) Nothing in 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 on the motor vehicle which is on a road during lighting-
-time.
(6) The provisions of this section shall not apply to any motor
vehicle light or trailer sold or supplied or offered for sale or supply
where it is intended that its subsequent use on a road shall be solely for
the purpose of taking to a place where it is to be broken up or put into
a condition in which its use on a road would be lawful:
Provided that-
(i) in the case of a motor vehicle, the subsequent use
on aroad shall not include use under the vehicle's
own power;
(ii) nothing in this section shall apply to tractors or
trailers used solely for agriculture purposes.
198. (1)Subject to provisions of this Act and of any regulation Prohibition
of use of
made under it, no person shall use on any road any vehicle which does motor
vehicles not
not comply with regulations, applicable to the class or description of complying
vehicles to which the vehicle belongs, relating to the construction, with
regulations
qquipment and use thereof. as to
(2) Any person who uses any vehicle, or causes or permits any construction,
etc
vehicle to be used, on any road in contravention of the provisions of
subsection (1) commits an offence.
199. (1) No person shall- Pillion riding
on motor
(a)carry more than one person in addition to the driver on any cycle
two-wheeled motor cycle; or
(b) be carried otherwise than sitting astride the cycle on a proper
seat securely fixed to the cycle behind the driver's seat
with that person's feet resting on the foot rests securely
fixed to the cycle.
(2) If any person is carried on any two-wheeled motor cycle in
contravention of subsection (1) the driver of the cycle and any person
carried thereon commits offence.
 224 No. 11 of 20021 Road Trafic

Application 200. (1) The following provisions, that is to say:

to pedal
cyclists of (a)section one hundred andfifty-four, which penalises careless
provls~ons driving;
relating to
certain (b) section one Izundredandfifty-five, which penalises reckless
driving or dangerous driving;
ofences
(c) section one hundred andfih-seven, which penalises driving
under the influence of intoxicating liquor or narcotic drugs,
but with the omission of the reference to attempting to drive;
(d) section one lzundred and sixty-one, which penalises the
causing of death by reckless or dangerous driving;
(e) section one hundred and sixty-two, which requires the giving
of warning of proposed prosecution, in so far as it relates
to offences against sections one hundred andfifty-jour and
one Izundred andfiifty-five, providing for careless driving
and reckless or dangerous driving, but with the omission
of reference to registered owners;
(f3 section two lzundredand ten, providing for failure of a driver
to stop and render assistance to an injured person after an
accident;
(g) section two lzundred andfifteen, which requires drivers to
stop and give their names and addresses except that part of
Subsection ( I ) which relates to the name and address of
theowner 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
of persons referred to in subsection (1) by virtue of an offence under
section orze hundred andfiifty-four, one hundred andfifty-five or orze
hundred andfih-seven in relation to the application of subsection (1)
shall be as follows:
(b) in the case of a conviction under section one hundred and
fifty-five or one hundred andfifty-seven, a fine of three
hundred penalty units, or if the conviction is for a second
or subsequent conviction, a fine of three hundred penalty
units or imprisonment for a term of three months;
(c) in the case of a conviction under the section one Izundred
andfifty-foura fine of one hundred and fifty penalty units,
or, if the conviction is for a second or subsequent offence,
a fine of three huridred penalty units.
 Road TrafJic [No. 11 of 2002 225

(3)In determining, whether a conviction under section one hundred

andfiftyyour, one hundred andfifty-five or one hundred andfifty-
seven is for a second or subsequent offence-
(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.
201. (1) No person shall ride a bicycle or a tricycle on a public Brakes, erc.
on bicycles
road unless it complies with any regulations in force governing the and tricycles
construction and equipment of bicycles and tricycles.
(2) Any person contraveningthe provisions of this section commits
an offence.
202. No person shall, while riding a two-wheeled vehicle, carry Excessive
thereon such number of persons or load of goods or both as to deprive loadson
two-wheeled
that person of full control of the vehicle or as to hinder the person in vehicle
its control, or as to obstruct the person's view.
203. If any person throws any particle at any vehicle on any road Throwing
articles at or
or at any person in the vehicle, that person commits an offence and from
shall be liable, upon conviction, to a fine not exceeding three thousand vehicles
penalty units, or to imprisonment for a period not exceeding twelve
months, 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, that person commits an offence.
204. (1) Any person who, without the knowledge or consent of Interference
with vehicles
the owner of a vehicle other than a motor vehicle, rides or drives or
takes away the vehicle or in any way interferes with any vehicle or part
thereof commits an offence.
(2) If any person without lawful authority or reasonable cause
enters or gets on to a motor vehicle or interfereswith or wilfully damages
the vehicle or its accessories, that person commits an offence and is
liable, upon conviction, in the case of a first offence, to a fine not
exceeding three thousand penalty units or to imprisonment for a term
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 term not exceeding twelve months, or to both.
 226 No. 11 of 20021 Road Trufic

( 3 ) If any person, whether employed by the owner or not, takes

and drives away any motor vehicle without the consent of owner or
other lawful authority that person commits an offence and is liable,
upon conviction, in the case of a first offence, to a fine not exceeding
three thousand penalty units or to imprisonment for a term 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 term not exceeding twelve months, or both.
(4) If a court is satisfied that in any offence under subsection(1)
or (3) the accused acted in reasonable belief that the person had lawful
authority, or that the owner would, in the circumstances of the case,
have given the owner's consent if the owner had been asked for it, the
accused shall not be liable to be convicted of the offence.
(5) If in a prosecution for stealing or attempting to steal a vehicle
the court is of the opinion that the accused was not guilty of stealing
or attempting to steal the vehicle, but was guilty of an offence under
this section and that person shall be liable to be punished accordingly.
(6) A road traffic inspector in uniform or police officer may mest
without a warrant any person reasonably suspected by the road traffic
inspector or police officer 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 sun?as may represent fair compensation for any damage
susvnined by the owner of the vehicle.
Placing o l 205. Any person other than aroad traffic inspector in uniform or
hand bill
etc., in or on police officer acting in the course of a road traffic inspector's or police's
motor
vehicle 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 the motor vehicle commits an offence.

Unauthori\ecl
206. (1) No person shall permit any person to ride, and no person
use of goods shall ride on the wings. fenders, luggage grid, roof, running board,
vehicles drawing bar, towing bar or bonnet of a motor vehicle or trailer on any
road except for puiposes incidental to and necessary for the repair of
the vehicle or trailer.
(2) Apart from the driver and one other representative of the owner
or hirer of a goods vehicle, no person shall permit any person toxide,
and no person shall ride on any such goods vehicle:
Provided that the provisions of this subsection shall not apply to
any case where-
 Road Traflc [No. 11 of 2002 227

(i) the goods vehicle is being used in the normal course of the
business of the owner or hirer, and the person riding on
the vehicle is doing so for any purpose connected with the
business; or
(ii) the person riding on the goods vehicle is the owner or hirer
thereof or a member of the family of the owner or hirer; or
(iii) the person riding on the goods vehicle is an employee, or a
member of the family of an employee of the owner or
hirer of the 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;

(iv) a person is riding on a goods vehicle in an emergency; or
(v) the road on 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 cany or permit to be carried in any goods
vehicle any goods other than goods canied on behalf or with the consent
of the owner or hirer of the vehicle.
(5) Any person failing to comply with the provisions of this section
commits an offence.
207. If any person without lawful authority or reasonable cause Taking hold
of or getting
takes or retains hold of or gets on a motor vehicle or trailer while in on in
motion on any road for the purpose of being drawn or carried, that motion
person commits an offence.
208. (1) Any person who for any purpose places or causes to be Stretching
rope, etc.,
placed any rope, wire or other apparatus across a road or any part ac,,,,ad;
thereof in such manner as to be likely to cause danger to persons using
the road shall, unless that person proves that such person had taken all
~ p g ' ~ ~ ~
necessary means to give adequate warning of the danger, commits an
offence, and is 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 to traffic on or to such road:
Provided that nothing contained in this section shall apply in respect
of any object or thing placed upon a road by a road authority, road
 228 No. 11 of 20021 Road Trafic

traffic inspector in uniform or police officer acting under and in terms

of any written law.
(3) No person shall on aroad 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) and
(3) commits 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.
Liability for 209. (1) Subject to the provisions of subsection (2), no person
animal on
road shall leave or permit any animal 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 t o -
(a)any animal which is being ridden or is been 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
the road, under the immediate control of a reasonable
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 (I), the
owner of the animal concerned shall be presumed, until the contrary is
proved, to have left or allowed the 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 the road.
(4) No person shall drive any animal referred to in subsection (1)
upon a road between sunset and sunrise unless that person exhibits a
white light visible in clear weather or on straight road for a distance of
at least one hundred and fifty metres, or, in the case of a flock or herd
of more than ten animals, a person carrying a white light as prescribed,
preceds and another carrying a light follows such animal.
 Road Trafic [No. 11 of 2002 229

(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 traff~c.
(6) Any person failing to comply with the provisions of this section
commits an offence.
210. (1) If the presence of a motor vehicle in any way causes a Failure of
driver of
person to be injured on a road, and if the person in charge of the
motor vehicle fails to stop the vehicle or to render reasonable assistance
to the injured person, that person commits an offence and is liable,
~~~~
,mr

render
assistance to
upon conviction, to a fine not exceeding fifteen thousand penalty units i,jd
or to imprisonment for a period not exceeding two yeas, or to both: PeMn

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 that person would be endangering the person's own
safety, or the safety of the other occupants of the motor vehicle.
(2) In the case of any accident as described in subsection (I), the
driver of the motor vehicle shall report the accident to a road traffic
inspector in uniform or police officer as soon as reasonably practical:
Provided that in 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 that person's 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 subsection (2) of this section,
that person commits an offence and is liable, upon conviction, in the
case of a fmt 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 cabe of a second or subsequent offence,
to a fine not exceeding three thousand penalty units and to imprisonment
as aforesaid for a term not exceeding three months.
211. (1) If in any case, owing to the presence of a motor vehicle Duty to stop
in case of
on a road, an accident occurs whereby damage or injury is caused to ,,,ident
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 the driver's name and address of the owner, and
the registration mark of the vehicle.
(2) In the case of any such accident as described in subsection
(I), the driver of the motor vehicle shall report the accident to a road
traffic inspector in uniform or police officer as soon as reasonably
practical:
 230 No. 11 of 20021 Road TrafSic
-

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 the driver's 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,
the person commits an offence, and is liable on 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 for a
term not exceeding three months:
Provided that it shall be a valid defence to acharge under thls section
if the driver of the motor vehiclehad reason to believe that by stopping
after the accident such driver would be endangeringthe driver's safety,
or the safety of other occupants of the motor vehicle.
Additional 212. (1) In addition to any other powers conferred by this Act,
powers of
police and any police officer or road traffic inspector in uniform may at any time
others require the driver of any motor vehicle to stop the vehicle, and the
police officer or road traffic inspector in uniform, or who, if not in
uniform, produces that police officer or road traffic inspector's identity
card, may, at anytime-
(a) require the driver of any motor vehicle to furnish the driver's
name and address and give any other particulars required
as to the driver's identification;
(b) require any person in any motor vehicle to furnish that
person's name and address and give any other particulars
required as to that person's identity and to give such
information as is in that person's power to give and may
lead to the 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 motor vehicle, trailer or equipment thereof
complies with the provisions of this Act or 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 the 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 thereof exceeds the limit specifled in any
 Road Traflc [No. 11 of 2002 231

law applicable to the road in question for the time being in

force under this Act or any regulations made under it:
(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 defeats have been remedied to the
satisfaction of a vehicle examiner in accordance with
provisions of section twenty or, if the vehicle is one to which
Part IX applies,in accordancewith the provisions of section
one hundred and twenty-five;
(g) drive any motor vehicle where necessary in the execution of
that driver's duties, to investigate whether an offence is
being committed under this Act in relation to the motor
vehicle:
Provided that no police officer or road traffic
inspector may drive any motor vehicle in the exercise
of my uf the powers and duties conferred or imposed
on the officer or inspector under the provisions of this
Act or any regulations made under it unless that officer
or inspector is the holder of a driving licence of the
appropriateclass.
(2) The;Directoror any officer duly authorised by the Agency in
writing shall, for the purposes of ascertaining the dimensions of any
motor vehicle or trailer or its laden weight or its axle weight, have the
powers conferred on Police officers by subsection (1).
(3) The Minister may, on the advice of the Agency, by statutory
instrume~t,make regulations for the taking of motor vehicles or trailers
to weighbridges, for the weighing of them at such weighbridges, for
the issue of ceritificates showing the recorded weight of such vehicles
or trailers and-forthe exemption of vehicles or trailers that have been
exempted from further weighing during the validity of such certificates.
(4) The provisions of subsection (I), other than paragraphs (d),
(e), fland (g), 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.
213. (1) Any police officer or road traffic inspector in uniform
Powers,
concerning
may at any time stop any motor vehicle or trailer on which more than
one person in addition to the driver of the vehicle is or goods are being $?'$$Of
conveyed or suspected of being used for the purpose of ascertaining as public
service
whether the vehicle is being used, for the purpose for which the vehicle
is not licensed to be used, and the police officer or road traffic inspector
 232 No. 11 of 20021 Road TrafJic

in uniform, or who. if not in unifonn, produces that police officer or

road traffic inspector's identity chrd, may at any time-
(a) require the driver of the vehicle to furnish that driver's name
and address, the name and address of the owner of the
vehicle and particulars of the business in connection of
which the vehicle is being used;
(b)require any person who is on any vehicle suspected of being
used for a purpose for which the vehicle is not licensed to
be used or who is suspected of having being on the vehicle
recently, to give that person's full name and address and to
state whether or not any remuneration has been or is to be
given by that person for been conveyed on the vehicle;
(c)require the drivers of, or any other such person in any such
vehicle to furnish the name and address of the sender and
consignee and the name of the points between which any
goods on such vehicle are to be conveyed; or
(d)require any other person to give such information as it is in
that person's powers to give to assist the police officer or
the road traffic inspector to ascertain whether the vehicle
is being used for the purpose of which it is not licensed to
be used.
(2) Any person who fails to comply with the requirement or
direction lawfully made or given in terms of this section commits an
offence.
Registration 214. (1) Any road traffic inspector in uniform or police officer
document
and licences who, if not in unifonn, produces an identity card and any other person
to be authorised in writing by the Minister to exercise the powers bestowed
produced to
etc,, by this section who produces such authority may demand -
on demand
(a) from the owner of any motor vehicle or trailer the registration
document and the current licence ibr the vehicle or trailer
in force at the date of the 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 the person's
driving licence, or provisional driving licence and, in the
case of the latter, the driving licence of the person
supervisingthe driving in terms of proviso (i) to subsection
(2) of the section sixty-one.
 Road Traflc [No. 11 of 2002 233

(2) Any person who fails to produce on demand any document

referred to in subsection (1) commits an offence unless within fourteen
days thereafter or within such greater period as a road traffic inspector
in uniform or police officer or person authorised in writing may
specify, that person produces or otherwise furnishes the document at
such police station as may have been specified by the officer or
inspector.
(3) In the case of a motor vehicle or trailer thatis subject to Part
IX, a road traffic inspector may exercise all the powers bestowed upon
a police officer by this section.
215. (1) Where any police officer has reason to believe that an ~ u t to
y give
offence in connection with the vehicle has been committed, that officer information
or any other police officer may require the owner of the vehicle to
give all information in that person's 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 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.
(2) Any person who fails to give information referred to in
subsection (1) commits an offence, unless that person shows to the
satisfaction of the court that the person did not have the information
and could not with reasonable diligence have obtained it.
(3) A police officer may require any other person to give the
information referred to in subsection (I), or any other information
which it is in that person's power to give and which may lead to the
identification of any of the persons referred in paragraph (a),or (b)
of sub section (1) and, if the person fails to do so, that person commits
an offence.
(4) In the case of motor vehicles that are subject to Part IX, a
road traffic inspector may exercise all the powers bestowed upon a
police officer by this section.
216. (1) If any person in or in connection with an application for Penalty for
a vehicle licence or the registration of a motor vehicle or a hailer or a
driving or other licence or the endorsement of such a licence or any
k$5k$ti
change or correction in a licence or in the registration of a motor vehicle
or trailer or in giving any information required under this Act or any
regulation made under the Act, makes any statement which to that
person's knowledge is false, or any material respect misleading, that
person commits an offence and, is liable, upon conviction, in the case
of first offence, to a fine not exceeding ten thousand penalty units
 234 No. 11 of 20021 Road Trafic

and, in the case of a second or subsequent offence, to a fine not

exceeding fifteen thousand units.
(2) Any licence, registration document or other authority acquired
as a result of the false statement referred to in subsection (1) shall be
void.
Unlawful 217. Whoever without lawful cause or excuse imitates, alters,
imitation
etc., of mutilates, destroys or uses, or without lawful course or excuse sells,
documents
supplies, lends or allows to be used by any person any registration
mark, vehicle licence, registration document, driving licence or any
other licence issued or deemed to have been issued under this Act
commits an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding seven years, or to both.
Verification 218. Where an application is made for anything to be done under
of facts in
applications this Act the director may require-

! (a)any facts stated in the application to be verified;

1 and
(b) any other necessary information to be given;
to the Director's satisfaction.

Condition 219. Any registered owner whose motor vehicle or trailer is

for release of impounded under any provision of this Act may apply to the Director
impounded
vehicleor for the release of that person's motor vehicle or trailer after the
trailer
termination of any criminal proceedings instituted against that person,
or as the case may be, after due compliance with any provisions of this
Act contravened by the person and, where necessary, after remedying
any mechanical defects required to be remedied in order to render the
vehicle or trailer roadworthy.
No liability 220. No police officer or road traffic inspector shall be liable for
for irnpound-
rnent any damage caused to any motor vehicle or trailer or for any damage
to, or loss of, any contents of the motor vehicle or trailer impounded
by that officer or inspector in good faith and without negligence under
any provision of this Act:
Provided that the police officer or road traffic inspector shall be
personally liable for any damage to the motor vehicle or trailer-
(a) if that person impounded the motor vehicle or trailer in bad
faith; or
(b) if that person did not secure the motor vehicle after the motor
vehicle or trailer was impounded.
 Road TrafSic [No. 11 of 2002 235

221. Unless otherwise expressly provided by this Act if- Liability of

driver and
(a)on any road any motor vehicle or trailer is used which does owner for
not comply with or contravenes any provision of this Act
or of any regulations or order made under it;
t (b)any motor vehicle or trailer is used in such a state or condition
or in such a manner as to contravene any provision of this
Act or of any regulation or order made under it; or
(c) anything is done or omitted in connection with a motor vehicle
or trailer in contravention of any of the provisions of this
Act or any regulation or order made under it;
Unless otherwise expressly provided by this Act-
(i) the driver of the motor vehicle or trailer at the time
of the offence commits an offence unless the
offence was not due to any act, omission, neglect,
or default on the driver's part; and
(ii) the owner of the motor vehicle or trailer commits an
offence, if present at the time of the offence, or if
absent, unless the offence was committed without
their consept of the owner and was not due to any
act or omission on the owner's part, and the owner
had taken all reasonable precautions to prevent
an offence.
222. (1) No person shall operate a vehicle on a public road if the Vehicle
vehicle causes any excessive noise either directly or indirectly as a
result of-
z:~z~fve
no~se
(a) any defect in the vehicle, including a defect in design or
construction, lack of repair to or faulty adjustment of the
vehicle;
(b) the faulty packing or adjustment of the load of the vehicle;
( c ) the use of a device, or bell or any fitting which produces
excessivenoise:
Provided that this paragraph shall not apply to vehicles
referred to in subsection (3) of section one hundred and
fifty-three; or
(d) any wilful act or omission by such person.
(2) In any prosecution under subsection (1) it shall be a defence
if the person proves to the satisfaction of the court that the noise in
respect of which that person is charged was due to some temporary or
 236 No. 11 of 20021 Road Trafic

accidental cause and could not have been prevented by the exercise of
due diligence and care on that person's part.
Use of 223. (1) No person shall, on a public road, use the sounding device
hooter
or hooter of a vehicle except when such use is necessary in order to
comply with the provisions of this Act or on the grounds of safety.
(2) A person who contravenes the provisions of this section
commits an offence and shall be liable, on conviction, to a fine not
exceeding one thousand five hundred penalty units.
Riding of 224. (1) No person shall ride a pedal cycle on a public road unless
pedal cycles
that person is seated astride on the saddle of the pedal cycle.
(2) Persons riding pedal cycles on a public road shall ride in single
file except in the course of overtaking another pedal cycle and two or
more persons riding pedal cycles shall not overtake another vehicle at
the same time.
(3) No person riding or seated on a pedal cycle on a public road
shall take hold of any other vehicle in motion.
(4) No person riding pedal cycle on a public road shall deliberately
cause such pedal cycle to swerve from side to side.
( 5 ) No person riding a pedal cycle on public road shall cany on it
any person, animal or object which obstructs that person's view or
which prevents that person from exercising complete control over the
movements of the pedal cycle.
(6) A person riding a pedal cycle on a public road shall do so with
at least one hand on the handle-bars of such pedal cycle.
(7) Whenever a portion of a public road has been set aside for
use by persons riding pedal cycles, no person shall ride a pedal cycle
on any other portion of such road.
(8) A person riding a pedal cycle on a public road or a portion of
public road set aside for use by persons riding pedal cycles shall do so
in such manner that all the wheels of such pedal cycle are in contact
with the surface of the road at all times.
General 225. Any person who commits an offence under this Act for which
penalty
no penalty is provided shall be liable, upon conviction, in the case of a
first offence, to a fine not exceeding one thousand penalty units or to
imprisonment for a tenn not exceeding three months and, in the case
of a second or subsequent offence, to a fine not exceeding three
thousand penalty unit or to imprisonment for a term not exceeding six
months, or to both.
 Road Trafic [No. 11 of 2002 237
PART XI1

226. (1) The Agency shall appoint such licensing officers as may Licensing
officers, etc.
be necessary for the due carrying out of the provisions of this Act and
of the regulations made under it.
(2) Each licensing oflicer appointedunder subsection (1) shall be
under the direction of the director and shall perform such duties as
may be specified in the licensing officer's appointment.
(3) All licences and registration documents issued under this Act
shall be issued by licensing officers on behalf of the Agency.
(4) The Agency shall appoint such driving examiners, vehicle
examiners and road traffic inspectors as may be necessary for the
performance, by the Agency, of its functions under this Act.
227. On the appointed date; reference in any written law or any References
to Commis-
other legal document to the Road trafic Commissioner shall be read s~oner
and construed as references to the Director appointed under section
jive of this Act.
228. Notwithstanding anything contained in any other law, no Control of
person shall, except with the consent of the Minister, levy any charge parlung
charges on
for or in connection with parking on any public street as defined in the roads
Local Government Act. Cap. 28 1
229. (1) In any proceedings for an offence against this Act, a Adrnissibil-
~ t as
y
certificate in the prescribed form purporting to be signed by a road evidence of
br&c inspector or by a police officer of or above the rank of Inspector certificates
relating to
and certifying that a person specified in the certificate stated to the ownership of
road traffic inspector or to the police officer- driver of
motor
(a) that a particular motor vehicle was being driven by, or vehicle
belonged to, that person on a particular occasion;
(b) that a particular motor vehicle belonged on a particular
occasion to a firm in which that person stated that the
person was at the time of the statement a partner; or
(c) that a particular motor f ehicle belonged on a particular
occasion to a corporation of which that person stated that
the person was at the time of the statement a director, officer
or employee;
shall be admissible as evidence for the purposes of determining by
whom the vehicle was being driven, or to whom it belonged, as the
case may be, on that occasion.
 238 No. 11 of 20021 Road T r a . c
(2) Nothing in this section shall be deemed to make a certificate
admissible as evidence in proceedings for any offence-
(a) unless ?copy of the certificate 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 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.
Doubt 230. In case any doubt shall arise as to the use to which any vehicle
classificat~on
is put or whether any vehicle or class or type of vehicle falls within any
of vehicles ,particular class or type of vehicle defined by this Act, the matter shall
be referred to the Director, who shall determine within what particular
class or type of vehicle defined by this Act the vehicle falls.
Highway / 231. (1) The Highway Code issued under section two hundred
.
Code
AS&.37
and$j2pseven of the Roads and Road Traffic Act shall notwithstanding
the repeal of Part XIV of that Act, continue to have effect as if issued
of 1958
under this Act, subject to revision in accordance with the provisions
of this section.
(2) Subject to the provisions of this section the Minister may revise
the Highway Code by revoking, varying, amending or adding to the
provisions of the Code in such manner as the Minister thinks fit.
(3) Where the Minister proposes to revise the Highway Code by
malung alterations in the provisions of the Code the Minister shall, as
soon as possible, lay the proposed alterations before the National
Assembly, and the Highway Code or its revision, as the case may be
shall not be issued until the said Code or proposed alterations or revision
have been approved by the National Assembly.
(4) Before revising the Highway Code by making any alteration
in its provisions which are required by subsection (3) to be laid before
the National Assembly, the Minister shall consult theAgency a ~ suchd
other representative organisations as the Minister thinks tit.
(5) 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.
(6) A failure on the part of any person to observe any provisions
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
 Road Traffic [No. 11 of 2002 239

an offence under this Act) be relied upon by any party to the proceedings
as tending to establish or negative any liability which is in question in
those proceedings.
232. Notwithstanding any other provision of this Act, the Minister Irnplementa-
tion of
may on the advice of the Agency, by statutory instrument- international
treaties
(a)regulate the cross-border carriageof goods, cross-borderroad
transport services, vehicle safety and equipment, vehicle
dimensions and vehicle combinations, the conveyance of
abnormal, awkward and hazardous substance loads and
such other matter as the Minister may consider necessary
and may incorporate the requirements of the SADC
Protocol on Transport, Communications and Meteorology;
(b) provide for the implementation of Protocols on transit trade
transit and facilities and on the Third Party Motor Vehicle
Insurance Scheme adopted by the Member States Of
COMESA; and
(c) provide for the implementation of any agreement relating to
road transport to which Zambia is a party.
233. (1) The Minister may on the advise of the Agency, by statutory Power of
Minister to
instrument, make regulations in relation to any matter contemplated, rn&e
required or permitted to be prescribed in terms of this Act, and the regu1ations
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 derogating from the generality of
the foregoing, the regulations referred to in subsection (1) may be
made-
(a)prescribing the fees payable for licences and for the various
appeals, documents and services in the Second Schedule;
(b)prescribing the circumstances under which fees paid may be
refunded either wholly or in part;
(c) prescribing the allocation of taxes and fees paid, and the
rendering of accounts for such taxes and fees;
(d) prescribing the form of vehicle and motor vehicle licences,
driving licences and their renewals and all other licences,
registration documents, certificate of all kinds, the
conditions attaching to them and the conditionsprecedent
240 No. 11 of 20021 Road Traffic

to their issue and, where applicable, the periods of their

validity, and the manner of displaying the certificates and
licences; and regulating the issue of duplicales of licences,
registration documents, certificates and other documents
specified in this Act;
(e) prescribing measures to prevent a person holding illegally
more than one licence,registration documents or certificate,
and to facilitatethe identificationof the holders of the same;
Cf) regulating the particulars that are to be marked on vehicles,
motor vehicle or trailer and the manner in which they are
to be displayed or affixed, and prohibiting the display of
any registration or distinguishing mark other than that of
the country in which such motor vehicle or trailer is
regstered and licensed:
Provided that the Minister may delegate to theDirector the
power to prescribe the letters which shall be used as registration
marks on motor vehicles and trailers;
(g) providing for the safety of traffic on a public road, including
the restriction of the use of any road or part thereof by
traffic and the duties of the users of any road; regulating
traffic on any road or portion or on any ford, bridge,
pontoon or culvert;
(h)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
establishmentof crossings on roads for pedestrians;
I
(i) prescribing the maximum speeds permitted for different classes
of vehicles in or on different areas and roads or parts of
such areas and roads;
(j)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 recovely
of expenses in this regard;
(k) providing for the detention of any vehicle in respect of any
contravention or suspected contravention of this Act or
any regulation or notice made under it, 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;
 Road Traffic [No. 11 of 2002 241

( I ) providing for the detention, inspection and disinfection of

any vehicle passing through or out of any area in which
tsetse fly exists or are suspected to exist;
(m) prohibiting sound warnings on specifiedroads or in specifred
areas or parts of such roads or areas either at all times or at
specified times;
(n) 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;
(0)prohibition nuisances caused through the emission or
discharge of exhaust gas, smoke, fuel, oil, fumes, sparks
or other matter from vehicles or, excessive noise caused
by the functioning of a vehicle or due to the loading thereof
or the use of any accessories or appliances fitted thereto;
and prescribing the maximum allowable noise level and
method of determining the level of noise caused by a
vehicle;
(p) regulating the transportation of dangerous goods specified
or described in the regulations, their classification, the
conditions and requirements to be complied with in the
transportation of the goods, and the powers and duties of
road traffic inspectors in respect of the transportation of
dangerous goods;
(q)regulating the towing, pushing or drawing of any vehicle by
another vehicle;
(r)providing for the operation and control of vehicles on public
roads, their construction, equipment, width or tracks,
dimensions, weight and use in respect of either chassis and
body or chassis, body and load and the conditions on which
they may be used.
(s) prescribing the width, height, length and other dimensions of
vehicles, motor vehicles and trailers, or trains of such and
of the loads carried thereby;
242 No. 11 of 20021 Road Trafic

(t)providing for the identification of vehicles and, in relation to

a motor vehicle, the size, shape, colour and character of
the registration mark or number to be displayed thereon
and the means to be applied to render the mark or number
easily distinguishable;
(u) prescribing the width, height and length of any vehicle and
the diameter of the wheels and the width, nature and
condition of the tyres thereof;
(v) prescribing the gross weight of vehicle, motor vehicles and
trailers and the maximum weight to be transmitted to the
road or any specified area therzof by a vehicle, motor
vehicle or trailer of any class or description or by any part
or parts of the vehicle or trailer in contact with the road,
and prescribing the methods by which the weights shall be
determined, and the conditions under which they may be
required to be tested;
(w) prescribing the number of trailers which may be drawn by a
vehicle and the towing of one vehicle by another, and
prohibition the operation of any vehicle which is being used
to trailers if the combined length of vehicle and trailers
/
exceeds a prescribed limit;
( x ) prescribing the number of persons who may be carried on
vehicles or trailers for the purpose of controlling or
attending to them; and prohibiting the carriage of persons
on vehicles constructed or designed primarily for the
carriage of goods;
(y) regulating the number and kinds of lamps and reflectors that
are to be carried on vehicles, motor vehicles, trailers and
f m 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, reflective clothing
and wearing helmets and canying other devices to make
cyclists conspicuous at night;
(z) regulating and prescribing the number and type of brakes,
the affixing of efficient brakes and ensuring that brakes,
 Road Traffic [No. 11 of 2002 243

steering gear and other parts of a vehicle are maintained in

proper working order;
(aa)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 minirnise
noise; prohibiting the unnecessary issue of smoke of 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 or 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;
(bb) 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 of it falling,
or being liable to fall, from the vehicle or trailer;
(cc)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 efficiently to signal the
intention of the driver to stop or change direction;
(dd) 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, for
intimating the intended movement of a motor vehicle and
for securing that such appliances shall be efficient and kept
in proper working order;
(ee)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;
(ff) 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
244 No. 11 of 20021 Road Traffic

outside Zambia may be used within Zambia without being

registered or licensed therein or without holding a certificate
of fitness; prescribing the driving licenses 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 sectionfifty
nine or section sixty-one;
(gg) 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
pennits and in connection with the use of such certificates
and permits issued elsewhere than in Zambia;
(hh)exempting, or empowering prescribed officers to exempt
vehicles, motor vehicles and trailers from compliance with
the requirement of this Act and of the regulations with
regard to constructionsand equipment;
(ii) prescribingthe circumstances in which public service vehicles
or any classes thereof shall be exempt from compliance
with all or any of the provisions of Part VIII, and under
what conditions;
OJ) prescribing the construction and equipment for public service
vehicles, the method to be adopted to determine the
maximum load and the number of passengers that they
may carry; prescribing for the safe custody and redelivery
or disposal of any property and fixing the charges to be
made in respect of thereof; prescribing the circumstances
in which and the conditions upon which public service
vehicles may be substituted for authorised breakdown or
unforeseeable emergency and prescribing the circumstances
in which public service vehicle may be temporarily
suspended;
(kk)prescribing the hours and conditions of service of the drivers
of classes of motor vehicles as may be specified,regulating
the licensing and conduct of drivers of public service
vehicles and of conductors in omnibus, and prescribing
the badges to be worn by the drivers and conductors, and
regulating the conduct of passengers in passenger-carrying
public service vehicles;
(11) 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 VIII of subject to Part IX;
 Road Traffic [No. 11 of 2002 245

(mm)prescribing the manner in which applications for road

service licences, and the grant, revocation or suspension
of the licences or the variation of their conditions, are to
be published, including period of driving experience for
eligibility to obtain public service vehicle licences;
(nn)prescribing the means of identifying public service vehicles
authorised to be used under road servicelicences, the period
of validity of the means of identification, the particulars
that they are to contain, the manner of their display, the
fees to be charged for such means of identification and
their custody, production, return, and cancellation on
expiration, suspension or revocation;
(00)prescribing the classes of motor vehicles for which driving
licences and provisional driving licences may be valid;
(pp)providing for the confiscation of bicycles and for the custody
of such bicycles during the period of confiscation;
(qq)providing for the licensing,control and inspection of driving
schools and of instructors;
(rr)prescribing penalties for the breach of any regulation,
provided that no such penalty shall exceed a fine of one
thousand penalty units or imprisonment for a period of
three months;
(ss) providing for the form, manner and procedure of appeal
authorised under this Act;
(tt)prescribing the exclusion of certain specified vehicles from
the definition of "motor vehicle" as contained in section
two
(uu)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;
(vv)providing for the production of prescribed documents and
of vehicles to driving examinersfor the purpose of driving
tests, and the procedure to be followed before, during and
after such tests and the examiners who may conduct the
tests;
(ww)prescribing requirementsfor award of a licencefor operating
a passenger motor vehicle service, including requirements
for validity of motor vehicle insurance, and certificate of
road-worthiness for passenger motor vehicle; or
 246 No. 11 of 20021 Road Traffic

(xx)prescribing req~lirementsfor health and competence

certificates for drivers of passenger motor vehicles;
(yy) prescribing any form, process or token which the Minister
may, in consultation with the Agency, prescribe for the
purposes of this Act and the information to be furnished
for the purpose of any such form, process or token; and
(zz) prescribing matters necessary or convenient for the better
carrying out or giving effect to this Act.
(3) The regulations made under this section shall apply to
government vehicles.
Repeal of 234. (1) Parts V to XIV of the Road and Road Traffic Act and the
Parts V to
XIV of the First Schedule, Second Schedule and the Third Schedule to that Act
Roads and are hereby repealed.
RoadTrafEc
Act, Cap. (2) Notwithstanding subsection (l),any subsidiarylegislationma+'
464 and
trans,$onal under that Act in force immediately before the'appointed date-
proviaons
(a)shall remain in force unless inconsistent with this Act and be
deemed to be subsidiary legislationunder this Act; and
(b) may be replaced, amended or repealed by subsidiary
legislation made under this Act.
(3) Any order, notice or direction made or given under the Roads
Act No. 37 and Road TrafficAct and in force, immediately before the appointed
of 1958
date, shall, unless contrary to this Act, or revoked continue in force, as
if made or given under this Act.
(4) The Fifth Schedule shall have effect with regard to transitional
provisions in relation to the Road Traffic Commission and the National
Road Safety Council.
Repeal of 235. The National Roads Safety Council Act shall stand repealed
Cap 47 1, Act
No. 35 of on the appointed date.
1995
FIRST SCHEDULE
(Section 3)
PART 1
ADMINISTRATTONOF AGENCY

Seal of 1. (1) The seal of this Agency shall be such device as may be
Agency
determined by the Agency and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or any other
person authorised in that behalf by a resolution of the Agency.
 Road Traffic [No. 11 of 2002 247

(3) Any contract or instrument which, if entered into or executed

by a person not being a body corporate, would not be required to be
under seal, may be entered into or executed without seal on behalf of
the Agency by the Secretary or any other person generally or specifically
authorised by the Agency in that behalf.
(4) Any document purporting to be a document under this seal of
the Agency or issued on behalf of the Agency shall be received in
evidence and shall be deemed to be so executed or issued, as the case
may be, without further proof, unless the contrary is proved.
2. (1) Subject to the other provisions of this Act, a member of Tenureof
the Agency shall hold office for a period of three years from the date ~~~~~~d
of appointment and shall be eligible for re-appointment for one further
term of three years:
Provide that the first members shall be appointed for periods ranging
from two to three years in order to facilitate retirement by rotation.
(2) A member, other than an ex-oficio member, may resign upon
giving one month's notice, in writing, to the organisation which
nominated the member and to the Minister.
(3) The office of the member shall become vacant-
(a)upon the member's death;
(b) if the member is absent without reasonable excuse from the
three consecutive meetings of the Agency of which the
member has had notice;
(c)on ceasing to be a representative of the organisation which
nominated the member;
(d) if the member becomes mentally or physically incapable of
performing the duties of a member of the Agency;
(e)if the member is declared bankrupt;
If) if the member is convicted of an offence involving fraud or
dishonesty; or
(g) if the member is convicted of an offence against any other
written law and sentenced to a term of imprisonment of
not less than six months without the option of a fine.
(4) On the expiration of the period for which a member is
appointed the member shall continue to hold office until a successor
has been appointed but in no case shall such further period exceed
four months.
3. Whenever the office of a member becomes vacant before the Filling of
casual
expiry of the term of office the Minister may appoint another member
in place of the member who vacates office but such member shall
hold office only fcr the unexpired part of the term.
 248 No. 11 of 20021 Road Trafic

Proceedings 4. (1) Subject to the other provisions of this Act, the Agency may
Of Agency regulate its own procedure.
(2) The Agency shall meet for the transaction of business at least
once every three months at such places and times as the Chairperson
may determine.
(3) The Chairperson may, upon giving notice of not less than
fourteen days, call a meeting of the Agency and shall call a special
meeting to be held within fourteen days of receipt of a written request
to the Chairperson by at least five members of the Agency.
(4) If the urgency of any particular matter does not permit the
giving of such notice as is required under subparagraph (3), a special
meeting may be called by the Chairperson, upon giving a shorternotice.
( 5 ) Six members, other than ex-ofSicio members, shall form a
quorum at any meeting of the Agency.
(6) There shall preside at any meeting of the Agency-
(a)the chairperson;
(b)in the absence of the Chairperson the Vice- Chairperson, in
the absence of the Chairperson and the Vice-Chairperson
such member as the members present may elect for the
purpose of that meeting.
(7) A decision of the Agency on any question shall be by a majority
of the members present and voting at the meeting and in the event of
an equality of votes, the person presiding at the meeting shall have a
casting vote in addition to the deliberativevote.
(8) The Agency may invite any person, whose presence is in its
opinion desirable, to attend and to participate in the deliberations of
the meeting of the Agency but such person shall have no vote.
(9) The validity of any proceedings, act or decisions of the Agency
shall not be affected by any vacancy in the membership of the Agency
or by any defect in the appointment of any member or by reason that
any person not entitled to do so took part in the proceedings.
Committees 5. (1) The Agency may, for the purpose of performing its functions
of Agency
under this Act, constitute any committees as it considers necessary
and may delegate to any such committee such of its functions as it
considers fit.
(2) The Agency may appoint as members of a committee, persons
who are,or are not, members of the Agency, except that at least one
member of a committee shall be a member of the Agency.
 Road Trafic [No.11 of 2002 249
(3) A person serving as a member of the committee shall hold
office for such period as the Agency may determine.
(4) Subject to any specificor general direction of the Agency, a
committee may regulate its p d u r e .
6. The Members of the Agency or any committee shall be paid Allowances
of members
such allowancesas the Agency may, with the approval of the Minister,
determine.
7. (1) If a member or person is present at a meeting of the Agency Disclosure
of interest
or any committee of the Agency at which any matter is the subject of
consideration and in which matter the member or person or the member
or person's is directiyor indirectlyinterested in a private capacity, the
member or person shall as soon as is practicable after the
commencement of the meeting, declare such interest and shall not,
unless the Agency or the committeeotherwise directs, take part in any
considerationor discussion of, or vote on, any question touching that
matter.
(2) A declaration of interest made under this paragraph shall be
recorded in the minutes of the meeting at which it is made.
8. (1) Aperson shall not, without the consent in writing given by, Prohibition
of
or on behalfof, the Agency, publish or disclose to any person otherwise publication
than in the course of duties, the contents of any documents. ;:~osureof
communication, or information which relates to, and which has come information
to
to that person's knowledge in the course of that persons duties under unauthorised
this Act. petsons
(2) Any person who knowingly contravenes the provisions of
subsection (1) commits an offenceand shall be liable, upon conviction,
to a fine not exceedingfive thousand penalty units or to imprisonment
for a term not exceeding six months, or to both.

PART I1

9. (1) The funds of the Agency shall consist of such moneys as Fundsof
Agency
may-
(a) be appropriated to the Agency by Parliament through the
Road Fund;
(6)be allocated to the Agency from the Road Fund;
 250 No. 11 of 20021 Road TrafJic

(c)be paid to the Agency by way of grants or donations through

the Road Fund; and
(d)vest in or accrue to the Agency.
(2) There shall be paid from the Funds of the Agency-
(a)Salaries, allowances, loans, gratuities and pensions of staff
of the Agency and other payments for the recruitment and
retention of staff;
(b)Such reasonable travelling and subsistence allowances for
members and members of any committee of the Agency
when engaged on the business of the Agency and at such
rates as the Agency with the approval of the Minister, may
determine; and
(c)any other expenses incurred by the Agency in the performance
of its functions based on apercentage of the annual work
plan.
Financial 10. The financial year of the Agency shall be the period of twelve
Year months ending on 3 1" December of each year.
Accounts 11. (1) TheAgericy shall cause to be kept proper books of account
and other records relating to its accounts.
(2) The accounts of the Agency shall be audited annually by
independent audtitors appointed by the Agency.
(3) The auditors' fees shall be paid by the Agency.
Annual 12. (1) As soon as practicable, but not later than ninety days after
report the end of the financial year, the Agency shall submit to the Minister a
report concerning its activities during the financial year.
(2) The report referred to in subsection (1) shall includeinformation
on the financial affairs of the Agency and there shall be appended to
the report-
(a) an audited balanced sheet;
(b)an audited statement of the income and expenditure; and
(c)such other information as the Minister may require. !
(3) The Minister shall not later than seven days after the first sitting
of the National Assembly next after receipt of the report referred to in
sub-paragraph (I), lay the report before the NationalAssembly.
 Road TrafSic [No. 11 of 2002 251

SECOND SCHEDULE
Section 42

Fee units
I. Motor 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 ear,
taxi cab or trailer) if the manufacturers permitted gross weight-
(a)does not exceed 2tonnes 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 8tonnes but does not exceed 11 tonnes 500

(e) exceeds 1 1 tonnes but does not exceed 14 tonnes 600

(f) exceeds 14tonnes but does not exceed 17 tonnes 700

(g) exceeds 17 tonnes but does not exceed 20 tonnes 800
(h) exceeds 20 tonnes lo00

5. For every contract car, hire car or taxicab, if the weight-

(a)does not exceed 800 kg 400

(b) exceeds 800kg but does not exceed 1000kg 500

(c)exceeds 1000kg but does not exceed 1200kg 600

(d)exceeds 1200kg but does not exceed 1.200 kg 700
(e) exceeds 1400kg but does not exceed 1600 kg 800
Cfl exceeds 1600kg lo00
6. For every private motor car, if the net weight-
(a)does not exceed 800kg
(b)exceeds 800kg but does not exceed lOOOkg
(c)exceeds lOOOkg but does not exceed 1200kg
(d)exceeds 1200kg but does not exceed 1400kg
(e) exceeds 1400kg but does not exceed 1600kg
252 No. 11 of 20021 Road Traffic

7. For every motor vehicle (except farm tractor) if the net weight-

(a) does not exceed 800kg 200

(b) exceeds 800kg but does not exceed 1200kg 250

(c) exceeds 1200 kg but does not exceed 2000kg 300

(d) exceeds 2000kg but does not exceed 4000kg 350

(e) exceeds 4000kg but does not exceed 6500kg 400

(f) exceeds 6500kg but does not exceed 9000kg 450

(g) exceeds 9000kg 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 nc t exceed 12 tonnes 600
(f) exceeds 12 tonnes but does not exceed 15 tonnes 700
(g) exceeds 15 800
9. For each motor dealer's vehicle lo00
10. For each identification number included in a motor dealer's
vehicle licence 600
11. For every farm vehicle licence 100
12. For every farm tractor used on a road otherwise than in
accordance with a farm vehicle licence 250

Where any licence is issued in respect of the period 1"July to 31' December,
half the above mentioned taxes shall be payable
 THIRD SCHEDULE
(Section 75)
CANCELLATION,
SUSPENSION
AND ENEORSF.hEhT OFDIUWNG ~ c E N C F S

Schedule showing where it is obligatory, and where it is permissible to-

(a) cancel a driving licence and disqualify the holder from obtaining another for a stated period-
section 75 (1) (a);or
(b) suspend adriving licence for a stated-section 75 (1) (a); or
(c) endorse adriving licence -section 75 (I) (b)
NOTE1 -The cancellation or the suspension of a driving licence must be endorsed on that licence
Cancellationwith
First, Second, disqualification Suspemion Endorsement
Section Ofences subsequent . Remarks
'fence Obligatory Permissible Obligatory Permissible Obligatory Permissible

23 No test certificate First No No No No No Yes

Second or
subsequent No No No Yes Yes* Yes *If licence is
suspended, vide
30 No motor vehicle or First No No No No No Yes Note 1 above
trailer licence Second or
subsequent No No No Yes Yes* Yes *If licence is
No Yes suspended, vide
57 Driving with no First No No No No
Note 1 above
driving licence. Second or
subsequent No No No No No Yes

61 (3) Passenger in public First Yes No No No Yes No

service vehicle with Second or
learner driving - subsequent No No No No No Yes
driver, and
supervisor
 THIRD SCHEDULE continued
Cancellationwith
First,second, Suspension Endorsement
Section Offences disqualificarion Remarks
subsequent
offence
Obligarory Permissible Obligatory Permissible Obligatory Permissible

82 Fraudulent application for First or Yes* No No No Yes No *To take effect from expiry of
driving licence, or driving subsequent current period of disqualifica-
when disqualified or while tion - where applicable
licence suspended.
86 Vehicle uninsured First or No No No Yes Yes* Yes *If licence is suspended, vide
subsequent Note 1 above

118 (1) Public service vehicle First or No No No Yes Yes* Yes *If licence is suspended, vide
(2) driver drinking or drunk subsequent Note 1 above

132 Using vehicle without Fist No No No No No Yes

certificate of fitness,or Second or
when use is prohibited subsequent NO No No Yes Yes* Yes *If licence is suspended, vide
Note 1 above
148 Exceeding speed limit Second, No No No No No Yes
Third or
Subsequent NO No No Yes Yes* Yes *If licence is suspended, vide
Note 1 above
154 Careless driving First No No No No No Yes
Second or
subsequent No No No Yes Yes* Yes *If licence is suspended, vide
Note 1above
155 Reckless or dangerous First or
. driving Subsequent No No No Yes No Yes Note
*If licence
1 above
is suspended, vide
 THIRD SCHEDULE - continued

First, Cancellationwith
Suspension Endorsement
Section Ofences Second, disqudij?cation Remarkr
'
subsequent
offence Obligatory Permissible Obligatory Permissible Obligatory Permissible

156 Intoxicated when in Fist No No No No NO Yes

charge of motor Second or
vehicle subsequent N, No No Yes Yes* Yes *If licence is suspended,
157 Intoxicatedwhen First or vide Note 1 above
driving Subsequent No Yes Yes No Yes No *If licence is suspended,
vide Note 1 above
161 Causing death by First or
reckless or dangerous Subsequent NO Yes Yes No Yes No
driving
163 Driving motor vehicle First or
or trailer in dangerour Subsequent No No No No No Yes
condtion
210 Failure to stop or First or
render assistance Subsequent No Yes Yes No Yes No

211 Failure to stop in case First or

of accident Subsequent No Yes Yes No Yes No

206 Carrying passengers First or

or goods without Subsequent No Yes No Yes Yes No
authority ofowner or
hire
 256 No. 11 of 20021 Road Trafic

FOURTH SCHEDULE
(Section 67)

PRESCRIBED FEE UNITS

DRIVING LICENCE 60

FIFTH SCHEDULE
(Section234)
SAVKGS
AND TRANSITIONAL
PROV~S~ONS
PART 1

Vesting of 1. ( I ) On or after the appointed date, there shall be transferred

assets of the
~~~d ~ ~ ~and vest
to, f in, i or subsist
~ against, the Agency by virtue of this Act and
C~mnission without further assurance-
(a)the affairs of the Road Traffic Commission; and
(b)subject to this Act, all property, rights and obligations which
immediately before the appointed date were the property,
rights and obligations of the Road Traffk Commission.
(2) Except as provided in this Act, every deed, bond and agreement
(other than an agreementfor personal service)to which theGovernment
was a party immediately before the commencement of this Act in
respect of the Road Traffic Commission, whether in writing or not,
and whether or not of such a nature that rights, liabilitiesand obligations
there under could be assigned, shall, unless its subject-matteror terms
make it impossible that it should have effect as modified in the manner
provided by this subsection,have effects as from the date of assignment
thereof, as if-
(a)the Agency had been a party thereto;
(b)for any reference to the Government there were substituted,
as respects anything falling to be done on or after the
appointed date, a reference to the Agency; and
(c) for any reference to any officer of the Road Traffic
Commission not being a party thereto and beneficially
interested therein there were substituted, as respects
anything falling to be done on or after commencement of

N.A.B. 15,2002
 Road TrafSic [No. 11 of 2002 257
this Act, or reference to such officer of the Agency as the
Agency shall designate.
(3) Subject to the provisions of subsection (2), documents other
than those referred to therein, which refer specifically or generally to
the Road Traffic Commission shall be construed in accordance with
subsection (2) as far as applicable.
2. (1) Whenever in pursuance of this Act, any property, rights, Registration
of property
liabilities and obligations of the Government through the Road Trmc to be
Commission are deemed transferred to the Agency in respect of which transferred
by Govem-
transfer a written law provides for registration, the Agency shall make ment
an application in writing to the appropriate authority for registration of
the transfer.
(2) The registration authority referred to in sub-paragraph (1) shall
make such entries in the appropriate register as shall give effect to
such transfer and, where applicable, issue the transferee concerned
with a certificateof title in respect of the property or make necessary
amendments to the register, as the case may be, and shall make
endorsement on the deeds relating to the title, right or obligation
concerned; and no registration fees, stamp duty or other duties shall
be payable in respect thereof.
3. (1) Without prejudice to the other provisions of this Act, where Legal
any right, liability or obligations vests in the Agency by virtue of this, proceedings
the Agency and all other persons shall, as from the appointed date of
this Act, have the same right, powers and remedies (and in particular
the same rights as to the instituting or defending of legal proceedings
or the making or resisting of applications to any authority) for
ascertainingor perfecting that right, liabilityor obligation as they would
have had if it had at all times been a right, liability or obligation of the
Agency.
(2) Any legal proceedings or application of any authority pending
immediately before the appointed date by or against the Government
in respect of the Road Traffic Commission may be continued by or
against the Agency.
(3) After the appointed date, proceedings in respect of any right,
liability or obligation which was vested in, held, enjoyed, incurred or
suffered by the Government in respect of the Road Traflic Commission
may be instituted by or against the Agency.
4. (1) On or after the appointed date, the Agency shall on such Terms of
service of
terms and conditions as it may, with the approval of the Minister,
determine appoint as officers of the Agency such public officers from
the Public Service as may be necessary for the performance of the ston
functions of the Agency
(2) Where an officer from the Public Service is appointed to the
service of the Agency-
 258 No. 11 of 20021 Road Trafic

(a)the terms and conditions of sekice with the Agency shall not
be less favu~rablethan those the officer enjoyed in the
Public Service; and
( b )the officer shall be deemed to have retired under section
Act No. 35
of 1996 thirty-nine of the Public Service Pensions Act.
(3) On or after the appointed date employees of the Commission
who are not engaged by the Agency under subsection (2) shall be
retained by the Government and shall-
( a )be redeployed in the service of the Government; or
(b) be retired under section thirty-nine of the Public Service
Act No. 35
of 1996 Pensions Act.

PART II.
TRANSITIONAL PROV~S~ONS IN RELATION TO THE NATIONAL ROAD SAFETY
CouNcIL
Vesting of 5. (1) On or after the appointed date, there shall be transferred
assets of the
Council to, and vest in, or subsist against, the Agency by virtue of this Act
without further assurance-
(a)the affairs of the National Road Safety Council; and
(b)subject to this Act, all property, rights and obligations which
immediately before the appointed date where the property,
rights and obligationsof the National Road Safety Council.
(2) Except as provided in this Act, every deed, bond and agreement
(other than an agreement for personal service) to which the Council
was a party immediately before the commencement of this Act, whether
in writing or not, and whether or not of such a nature that rights,
liabilities and obligations there under could be assigned, shall, unless
its subject-matteror terms make it impossible that it should have effect
as modified in the manner provided by this subsection,have effect as
from the date of the assignment thereof, as if-
(a)the Agency had been a party thereto;
( b )for any reference to the Council there were substituted, as
respects anything falling to be done on or after the appointed ,
date, a reference to the Agency; and
( c )for any reference to the officer of the Council not being a
party thereto and beneficially interested therein there were
substituted, as respects anything falling to be done on or
after commencementof this Act, areference to such officer
of the Agency as the Agency shall designate.
 Road TrafSic [No. 11 of 2002 259

(3) Subject to the provisions of subsection (2), documents, other

than those referred to therein, which refer specifically or generally to
the Council shall be construed in accordance with subparagraph (2) as
far as applicable.
6. (1) Whenever in pursuance of this Act, any property, rights, Registration
liabilities and obligations of the Council are deemed transferred to the
Agency in respect of which transfer a written law provides for
p,'[rFq
transferred
by Council
registration, the Agency shall make an application in writing to the
appropriate authority for registration of the transfer.
(2) The registration authority referred to in the subparagraph (1)
shall make such entries in the appropriate register as shall give effect
to such transfer and, where applicable, issue the transferee concerned
with a certificate of title in respect of the property or make necessary
amendments to the register, as the case may be, and shall make
endorsement on the deeds relating to the title, right or obligation
concerned; and no registration fees, stamp duty or other duties shall
be payable in respect of thereof.
7. (1) Without prejudice to the other provisions of this Act, where Legal
any right, liability or obligation vest in the Agency by virtue of this proceedings
Act, the Agency and all other persons shall, as from the appointed
date, have the same right, powers and remedies (and in particular the
same rights as to the instituting or defending of legal proceedings or
the making or resisting of applications to any authority) for ascertaining,
perfecting that right, liability or obligation as they would have and if it
had at all times been a right, liability or obligation of the Agency.
(2) Any legal proceedings or application of any authority pending
immediately before the appointed date by or against the Council may
be continued by or against the Agency.
(3) After the appointed date, proceedings in respect of any right,
liability or obligations which was vested in, held, enjoyed, incurred or
suffered by the Council may be instituted by or against the Agency.
8. (1) On or after the appointed date, the Agency shall, on such Terms of
terms and conditions as it may, with the approval of the Minister,
determine appoint as officers of the Agency such officers of the Council
~ $ g ~of: : ~
Council
as may be necessary for the performance of the functions of the Agency.
(2) Where an officer of the Council is appointed to the service of
the Agency-
(a)the terms and the conditions of service with the Agency shall
not be less favourable than those the officer enjoyed in the
service of the Council; and
(b) the officer shall be deemed to have retired under the terms
and conditions of service of the Council.
 260 No. 11 of 20021 Road Trafic

(3) On or after the appointed date employees of the Council who

are not engaged by the Agency under subsection (2) shall be retained
by the Government and shall-
(a) be redeployed in the service of the Government; or
(b) be retired under section thirty-nine of the Public Service
Act No. 35 Pensions Act.
of 1996