ROAD TRAFFIC ACT, 2004

ACT 683 ROAD TRAFFIC ACT, 2004 AN ACT to consolidate and revise the Road Traffic Ordinance, 1952 (No. 55), to provide for a more comprehensive regulation of road traffic and road use, to ensure safety on the roads and to provide for related matters

Legislation

Table of Content

Major Driving Offences

1. Dangerous driving.

2. Meaning of dangerous driving.

3. Careless and inconsiderate driving.

4. Driving under influence of alcohol or drugs.

5. Driving when alcohol concentration is above prescribed limit.

Breath Tests

6. When a breath test is required.

7. Failure to provide breath for test.

8. Protection for hospital patients.

9. Detention of persons.

10. Interpretation of specified terms in sections 4 to 9.

Motor Racing and Motoring Events

11. Motor racing.

12. Regulations of motoring events.

13. Seat belts and other safety equipments.

14. Carrying of children in motor vehicles.

15. Safety equipment for children in motor vehicles.

16. Wearing of protective crash helmets.

17. Regulation of equipment.

18. Regulations in respect of Part One.

PART TWO

Restrictions on Road Use in the Interest of Road Safety

Driving, Stopping on Verges or in Dangerous Locations and Positions

19. Prohibition of parking of motor vehicles.

20. Prohibition of driving or parking on cycle tracks.

21. Leaving vehicles or trailers in dangerous positions.

Additional Restrictions in the Interest of Road Safety

22. Causing danger to road-users.

23. Restriction of carriage of persons on motorcycles.

24. Restriction of the carriage of persons on bicycles.

25. Tampering with motor vehicles.

26. Holding or getting on to a motor vehicle while the motor vehicle is in

motion.

27. Drivers to comply with traffic directions.

28. Drivers to comply with traffic signs.

29. Directions to pedestrians.

Cycling Offences and Cycle Racing

30. Dangerous cycling.

31. Careless and inconsiderate cycling.

32. Cycling under the influence of alcohol or drugs.

33. Regulation of cycle racing on roads.

34. Electrically assisted pedal cycles.

35. Prohibition of driving motor vehicles anywhere other than on roads.

36. Highway Code.

37. Regulations in respect of Part Two.

PART THREE

Registration and Licensing of Motor Vehicles and Trailers

Registration

38. Registration of motor vehicles and trailers.

39. Register of motor vehicles and motor vehicles with trailers.

40. Registration numbers.

41. Using an unregistered motor vehicle or trailer.

42. Failure to return registration document.

43. Not fixing registration number.

44. Obscured registration number.

Trade Licences

45. Trade licences.

46. Surrender of licence.

47. Appeal to Minister.

48. Regulation of trade licence.

49. Use of vehicles by holders of trade licences.

50. Misuse of a trade licence.

51. Regulations in respect of registration and trade licences.

52. Interpretation.

PART FOUR

Licensing of Drivers of Motor Vehicles

53. Driving Licences.

54. Application for driving licence.

55. Recognition of driving licences of other countries.

56. Test of competence to drive.

57. Requirements as to physical fitness.

58. Revocation, suspension or cancellation of licence.

59. Provision of information.

60. Driving after refusal or revocation of licence.

61. Driving with uncorrected defective eyesight.

62. Learner’s licence.

63. A licence granted in error.

64. Appeals relating to licences.

65. Disqualification of persons under age.

66. Disqualification to prevent duplication of licences.

67. Obtaining licence or driving while disqualified.

68. Driving schools.

69. Driving instructors.

70. Application for registration of driving instructors.

71. Display of registration certificate.

72. Duration of registration.

73. Refusal to register a driving instructor or a driving school.

74. Removal of names from the register.

Appeals

75. Appeals.

76. Offences in respect of the register.

77. Surrender of certificates or licences.

78. Production of certificates and licences to police officers and authorised

persons.

79. Service of notices.

Construction and Use of Motor Vehicles and Equipment

80. Use of vehicle in a dangerous condition.

81. Regulation of construction, weight, equipment and use of vehicles.

82. Contravention of requirement for brakes, steering-gear or tyres.

83. Failure to comply with requirements for weights of commercial vehicles.

Carriage of Hazardous Goods by Road

84. Regulations in respect of carrying hazardous goods.

85. Carriage and labelling of hazardous goods.

86. Rejection and disposal of hazardous goods by road.

87. Forfeiture of hazardous goods.

88. Contravention of other construction and use requirements.

89. Liability of owner and other persons for breach of construction and use

requirements.

90. Regulations in respect of licensing of driver of motor vehicles, construction

and weight requirements of motor vehicles.

91. Interpretation in respect of Part Four.

PART FIVE

Tests of Vehicles and Issue of Road Use Certificates

92. Tests of condition of motor vehicles.

93. Persons to conduct examinations of vehicles.

94. Road use certificate.

95. Issue of road use certificate/sticker.

96. Exemption from requirement for road use certificate.

97. Using vehicle with unauthorised weights as well as authorised weights

marked on it.

General Provisions Relating to Motor Vehicle Examination

98. Motor vehicle examiners.

99. Testing of condition of motor vehicles on roads.

100. Examination of commercial vehicles.

101. Power to prohibit driving of unfit motor vehicles.

102. Prohibition conditional on examination.

103. Power to prohibit driving of overloaded cargo vehicles.

104. Offence in respect of roadworthy and overloaded motor vehicles.

105. Removal of prohibitions.

106. Vehicle examination centres.

107. Fitting and supply of defective or unsuitable vehicle parts.

108. Weighing of motor vehicles.

109. Certificate of weight.

110. Offences to do with reflectors, tail lamps and cycles.

111. Regulations in respect of vehicle test, road use certificates and weighing of

motor vehicles.

PART SIX

Licensing of Drivers of Commercial Vehicles

112. Licensing of drivers of commercial vehicles.

113. Grant of licences; fitness as regards conduct.

114. Revocation or suspension of licences.

115. Disqualification on revocation of licence.

116. Revoked or suspended licences: surrender, return and endorsement.

117. Appeal to court.

PART SEVEN

Miscellaneous Offences and General Provisions

118. Spot fines.

119. Powers of police officers and other authorised persons.

120. Power of police officers and vehicle examiners to require production of

driving licences.

121. Power of police officers to obtain particulars of drivers, and to require

production of evidence of insurance and road use certificates.

122. Power to arrest for dangerous or careless driving or cycling.

123. Failure to give particulars.

124. Duty of a driver to stop, report accident and give information or documents.

125. Duty of owner of motor vehicle to give information for verifying compliance

with requirement of compulsory insurance.

126. False statements and withholding material information.

127. Issue or tender of false documents.

128. Power to seize articles in respect of which offences may have been

committed.

129. Impersonation of persons employed by the Licensing Authority.

130. Taking motor vehicle or cycle without authority.

131. Forgery of licence.

132. General penalties.

133. General Regulations.

134. General interpretation.

135. Repeals and savings.

Major Driving Offences

1. Dangerous driving.

2. Meaning of dangerous driving.

3. Careless and inconsiderate driving.

4. Driving under influence of alcohol or drugs.

5. Driving when alcohol concentration is above prescribed limit.

Breath Tests

6. When a breath test is required.

7. Failure to provide breath for test.

8. Protection for hospital patients.

9. Detention of persons.

10. Interpretation of specified terms in sections 4 to 9.

Motor Racing and Motoring Events

11. Motor racing.

12. Regulations of motoring events.

13. Seat belts and other safety equipments.

14. Carrying of children in motor vehicles.

15. Safety equipment for children in motor vehicles.

16. Wearing of protective crash helmets.

17. Regulation of equipment.

18. Regulations in respect of Part One.

PART TWO

Restrictions on Road Use in the Interest of Road Safety

Driving, Stopping on Verges or in Dangerous Locations and Positions

19. Prohibition of parking of motor vehicles.

20. Prohibition of driving or parking on cycle tracks.

21. Leaving vehicles or trailers in dangerous positions.

Additional Restrictions in the Interest of Road Safety

22. Causing danger to road-users.

23. Restriction of carriage of persons on motorcycles.

24. Restriction of the carriage of persons on bicycles.

25. Tampering with motor vehicles.

26. Holding or getting on to a motor vehicle while the motor vehicle is in

motion.

27. Drivers to comply with traffic directions.

28. Drivers to comply with traffic signs.

29. Directions to pedestrians.

Cycling Offences and Cycle Racing

30. Dangerous cycling.

31. Careless and inconsiderate cycling.

32. Cycling under the influence of alcohol or drugs.

33. Regulation of cycle racing on roads.

34. Electrically assisted pedal cycles.

35. Prohibition of driving motor vehicles anywhere other than on roads.

36. Highway Code.

37. Regulations in respect of Part Two.

PART THREE

Registration and Licensing of Motor Vehicles and Trailers

Registration

38. Registration of motor vehicles and trailers.

39. Register of motor vehicles and motor vehicles with trailers.

40. Registration numbers.

41. Using an unregistered motor vehicle or trailer.

42. Failure to return registration document.

43. Not fixing registration number.

44. Obscured registration number.

Trade Licences

45. Trade licences.

46. Surrender of licence.

47. Appeal to Minister.

48. Regulation of trade licence.

49. Use of vehicles by holders of trade licences.

50. Misuse of a trade licence.

51. Regulations in respect of registration and trade licences.

52. Interpretation.

PART FOUR

Licensing of Drivers of Motor Vehicles

53. Driving Licences.

54. Application for driving licence.

55. Recognition of driving licences of other countries.

56. Test of competence to drive.

57. Requirements as to physical fitness.

58. Revocation, suspension or cancellation of licence.

59. Provision of information.

60. Driving after refusal or revocation of licence.

61. Driving with uncorrected defective eyesight.

62. Learner’s licence.

63. A licence granted in error.

64. Appeals relating to licences.

65. Disqualification of persons under age.

66. Disqualification to prevent duplication of licences.

67. Obtaining licence or driving while disqualified.

68. Driving schools.

69. Driving instructors.

70. Application for registration of driving instructors.

71. Display of registration certificate.

72. Duration of registration.

73. Refusal to register a driving instructor or a driving school.

74. Removal of names from the register.

Appeals

75. Appeals.

76. Offences in respect of the register.

77. Surrender of certificates or licences.

78. Production of certificates and licences to police officers and authorised

persons.

79. Service of notices.

Construction and Use of Motor Vehicles and Equipment

80. Use of vehicle in a dangerous condition.

81. Regulation of construction, weight, equipment and use of vehicles.

82. Contravention of requirement for brakes, steering-gear or tyres.

83. Failure to comply with requirements for weights of commercial vehicles.

Carriage of Hazardous Goods by Road

84. Regulations in respect of carrying hazardous goods.

85. Carriage and labelling of hazardous goods.

86. Rejection and disposal of hazardous goods by road.

87. Forfeiture of hazardous goods.

88. Contravention of other construction and use requirements.

89. Liability of owner and other persons for breach of construction and use

requirements.

90. Regulations in respect of licensing of driver of motor vehicles, construction

and weight requirements of motor vehicles.

91. Interpretation in respect of Part Four.

PART FIVE

Tests of Vehicles and Issue of Road Use Certificates

92. Tests of condition of motor vehicles.

93. Persons to conduct examinations of vehicles.

94. Road use certificate.

95. Issue of road use certificate/sticker.

96. Exemption from requirement for road use certificate.

97. Using vehicle with unauthorised weights as well as authorised weights

marked on it.

General Provisions Relating to Motor Vehicle Examination

98. Motor vehicle examiners.

99. Testing of condition of motor vehicles on roads.

100. Examination of commercial vehicles.

101. Power to prohibit driving of unfit motor vehicles.

102. Prohibition conditional on examination.

103. Power to prohibit driving of overloaded cargo vehicles.

104. Offence in respect of roadworthy and overloaded motor vehicles.

105. Removal of prohibitions.

106. Vehicle examination centres.

107. Fitting and supply of defective or unsuitable vehicle parts.

108. Weighing of motor vehicles.

109. Certificate of weight.

110. Offences to do with reflectors, tail lamps and cycles.

111. Regulations in respect of vehicle test, road use certificates and weighing of

motor vehicles.

PART SIX

Licensing of Drivers of Commercial Vehicles

112. Licensing of drivers of commercial vehicles.

113. Grant of licences; fitness as regards conduct.

114. Revocation or suspension of licences.

115. Disqualification on revocation of licence.

116. Revoked or suspended licences: surrender, return and endorsement.

117. Appeal to court.

PART SEVEN

Miscellaneous Offences and General Provisions

118. Spot fines.

119. Powers of police officers and other authorised persons.

120. Power of police officers and vehicle examiners to require production of

driving licences.

121. Power of police officers to obtain particulars of drivers, and to require

production of evidence of insurance and road use certificates.

122. Power to arrest for dangerous or careless driving or cycling.

123. Failure to give particulars.

124. Duty of a driver to stop, report accident and give information or documents.

125. Duty of owner of motor vehicle to give information for verifying compliance

with requirement of compulsory insurance.

126. False statements and withholding material information.

127. Issue or tender of false documents.

128. Power to seize articles in respect of which offences may have been

committed.

129. Impersonation of persons employed by the Licensing Authority.

130. Taking motor vehicle or cycle without authority.

131. Forgery of licence.

132. General penalties.

133. General Regulations.

134. General interpretation.

135. Repeals and savings.

Section 1

1. Dangerous driving

(1) A person who drives a motor vehicle dangerously on a road commits an offence and is liable on summary conviction, (a) where (i) a bodily injury does not occur, or (ii) a minor bodily injury does occur, to a person, other than the driver, to a fine not less than one hundred penalty units and not exceeding two hundred penalty units or to a term of imprisonment not exceeding nine months or to both the fine and the imprisonment; (b) where bodily injury of an aggravated nature occurs to a person, other than the driver, to a minimum fine of two hundred penalty units and not exceeding five hundred penalty units or to a term of imprisonment of not less than twelve months and not exceeding two years or to both the fine and the imprisonment; or (c) where death occurs, to a term of imprisonment for a term of not less than three years; (d) where there is damage to state property, to a fine of not less than one hundred penalty units and payment for the damage caused in an amount determined by the Court. (2) The Court may on the conviction of a person under subsection (1), (a) order the payment of appropriate compensation to an injured person or to the estate of that person, or (b) order the withdrawal of the licence for a period of not less than three years and not more than five years.

Section 2

2. Meaning of dangerous driving

(1) For the purposes of section 1, a person drives dangerously if, (a) the way that person drives falls below what is expected of a competent and careful driver, or (b) it is obvious to a competent and careful driver that it would be dangerous driving the vehicle, (i) in that manner, or (ii) in its current state. (2) In determining what is expected of, or obvious to, a competent and careful driver in any particular case, regard shall be had to, (a) the circumstances of which the accused could be expected to be aware, (b) the circumstances shown to have been within the knowledge of the accused, and (c) the conditions of the road at the relevant time. (3) In determining for the purpose of subsection (1) the state of a motor vehicle, regard may be had to anything attached to or carried on or in it and the manner in which it is attached or carried

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ROAD TRAFFIC ACT, 2004

1. Dangerous driving

2. Meaning of dangerous driving

ROAD TRAFFIC ACT, 2004

1. Dangerous driving

2. Meaning of dangerous driving