Mauritius
Road Traffic Act
Act 22 of 1962
- Commenced on 1 January 1963
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Road Traffic Act.2. Interpretation
In this Act—"actual owner", in relation to a vehicle, means the person who, under the civil law, is its owner;"Agreed Statement of Facts Form" means the form specified in section 68B (1) (a);"articulated vehicle" means a 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 20 per cent of the weight of its load is borne by the drawing vehicle;"authorised examiner" means a person licensed by the Commissioner to operate an examination station for the examination of motor vehicles and trailers;"authorised officer" means any officer who is designated, in writing, by the Commissioner to exercise such powers and discharge such duties as may be assigned by the Commissioner;"authorised vehicle", in relation to any carrier's licence issued under Part VI, means the motor vehicle and any trailer authorised to be used under the licence;"Authority" means the National Transport Authority established under section 73;"autocycle" has the meaning assigned to it in section 4;"axle weight", in relation to an axle of a vehicle, means the aggregate weight transmitted to the surface of the road or other base on which the vehicle moves or rests by the several wheels attached to that axle;"base" means the place from which the holder of a licence is permitted to carry on his business;"breath test" means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Minister, an indication whether the proportion of alcohol in a person's breath or blood is likely to exceed the prescribed limit;"bus" has the meaning assigned to it in section 75;"carriage of goods" includes the haulage of goods;"carriageway"—(a)means that part of a road designed for and constructed to be used by vehicular traffic or used or reasonably usable for that purpose; but(b)does not include a cycle track;"certificate of fitness" means a certificate of fitness issued under section 114;"Chief Examiner" means the person appointed under this Act to be in charge of all vehicle examiners;"classic or vintage motor car" means a motor car which has been registered before 1 January 1970;"Commissioner" means the Road Transport Commissioner appointed under section 3;"Commissioner of Police" includes any police officer not below the rank of Assistant Superintendent authorised by the Commissioner of Police, in writing, to exercise the powers vested by this Act in the Commissioner of Police;"Committee" means the Motor Vehicle Insurance Arbitration Committee established under section 68F;"conductor" means any person who—(a)holds a valid conductor's licence issued by the Authority; and(b)holds or is employed by the holder of, a road service licence;"contract bus" has the meaning assigned to it in section 75;"Cumulative Road Traffic Convictions Certificate" means the certificate set out in the Ninth Schedule;"current registration mark" means a registration mark assigned as from 10 April 1992 by the Commissioner;"cycle"—(a)includes a bicycle, tricycle and other cycle not driven by mechanical power;(b)does not include a perambulator or an invalid chair;"cycle track" means a portion of a road, exclusive of the carriageway, set aside for use solely by persons riding cycles;"dangerous driving" means—(a)driving in a way that falls far below what is expected of a competent and careful driver; or(b)driving a motor vehicle in a dangerous state,such that there is a danger of injury to a person or of serious damage to property;"dealer" means a dealer in motor vehicles;"diameter", in relation to the wheel of a motor vehicle or trailer, means the overall distance measured between the 2 opposite points in the surface of a tyre which are furthest apart;"double cab pickup" means a motor vehicle which has—(a)a front passenger cabin which contains 2 rows of seats and is capable of seating a maximum of 4 persons excluding the driver;(b)at least 2 doors capable of being opened separately; and(c)an open pickup area behind the passenger cabin;"driver" means—(a)in respect of a vehicle, the person having control of its steering apparatus;(b)in respect of a trailer, the person driving the vehicle by which the trailer is being drawn; and(c)in respect of an animal drawn vehicle, the person driving the animal;"driving examiner" means a person appointed under this Act to examine any person applying for a driving licence;"driving licence"—(a)means a licence to drive a motor vehicle, granted under Part IV and comprising a licence card in the form set out in the Tenth Schedule; and(b)except in sections 41 to 45, includes a licence to drive a motor vehicle issued under any enactment relating to motor vehicles in Mauritius;"drug" means any substance which, when consumed, inhaled, applied to or injected within a person's body, may influence the performance of a person to safely drive and which includes, but is not limited to, an intoxicating drink;"dual purpose vehicle" means a vehicle, constructed or adapted for the carriage both of passengers and of goods or burden of any description, whose unladen weight does not exceed 2 tons and which—(a)is so constructed or adapted that the driving power of the engine is or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or(b)satisfies the following conditions as to construction—(i)the vehicle is permanently fitted with a rigid roof, with or without a sliding panel;(ii)the area of the vehicle to the rear of the driver's seat is—(A)permanently fitted with at least one row of transverse seats (fixed or folding) for 2 or more passengers and those seats are properly sprung or cushioned and provided with upholstered backrests, attached either to the seats or to a side or the floor of the vehicle; and(B)lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 2 square feet on each side and not less than 120 square inches at the rear; and(iii)the distance between the rearmost part of the steering wheel and the backrests of the row of transverse seats satisfying the requirements specified in subparagraph (ii) (A) or, where there is more than one row of seats, the distance between the rearmost part of the steering wheel and the backrest of the rearmost row is, when the seats are ready for use, not less than one third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle;"duty-paid value", in respect of a motor vehicle or a trailer, means—(a)the value of the motor vehicle or trailer; and(b)any duty, excise duty or taxes payable on the motor vehicle or trailer;"electric motor vehicle" means a vehicle which is powered by an electric motor drawing current from—(a)rechargeable storage batteries, fuel cells or other portable sources of electrical current; or(b)a non-electrical source of power designed to charge batteries and their components;"emergency vehicle" includes an ambulance or a vehicle belonging to the Police or the Mauritius Fire and Rescue Service and displaying such intermittently flashing identification lamp as may be prescribed;"examination station" means an examination station approved by the Commissioner for the examination of motor vehicles and trailers;"fail" includes refuse;fare"—(a)means the amount paid or payable for a passenger's conveyance in a public service vehicle or for the hire of a whole passenger carrying public service vehicle; and(b)includes any sum paid or payable for the conveyance of luggage in excess of any free allowance and any other sum lawfully charged or chargeable by the owner of a public service vehicle or by his representative in connection with the conveyance of a passenger in that vehicle;"Fixed Penalty Notice" or "FPN" means a notice referred to in section 191;"footpath" means a portion of a road, exclusive of the carriageway, set aside for use solely by pedestrians;"full face protective helmet" means a protective helmet which covers the entire head, including the base of the skull, the ears, lower front part of the face and which is provided with vision fitted with a plastic face shield, at the level of the eyes and nose;"goods" includes burden of any description;"goods vehicle" has the meaning assigned to it in section 83;"gross weight" means the unladen weight of a motor vehicle or trailer, together with such weight of goods, passengers or both as the vehicle or trailer may be authorised to carry;"hard shoulder" means a paved surface contiguous to the left side of a carriageway;"heavy goods vehicle" means a heavy vehicle or a heavy trailer constructed or adapted for use for the carriage of goods;"heavy locomotive" has the meaning assigned to it in section 4;"heavy trailer" means a trailer of a gross weight of not less than 4,000 kilogrammes;"heavy vehicle" means a motor vehicle of a gross weight of not less than 4,000 kilogrammes;"hospital"—(a)means a State-controlled or private medical institution which provides medical or surgical treatment for in-patients or outpatients; and(b)includes a health centre;"hybrid motor vehicle" means a motor vehicle which, for the purpose of its mechanical propulsion, has at least 2 different energy converters and 2 different on-vehicle energy storage systems;"hybrid electric vehicles" means an electric vehicle which, for the purpose of its mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy or power—(a)a consumable fuel; and(b)an electric energy or power storage device;"insurance vignette" means a vignette issued by an insurer certifying that a motor vehicle is covered by a policy of insurance or security in respect of third-party risks;"international driving permit"—(a)means an International Driving Permit; and(b)includes a driving licence or permit issued by a competent foreign authority and made to have effect in Mauritius by virtue of regulations made under this Act;"intoxicating drink" means any substance which, when consumed into a person's body, may influence the performance of a person to safely drive and which includes, but is not limited to, alcohol;"invalid carriage" has the meaning assigned to it in section 4;"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 the vehicle or trailer;"leased vehicle" means a motor vehicle or trailer leased by an institution agreee for the purpose of article 2202-2 of the Code Civil Mauricien and which is the holder of a leasing licence;"licensing officer" means a person designated by the Commissioner of Police to exercise the powers and carry out the duties, of licensing officer under Parts IV and VIIIA;"light locomotive" has the meaning assigned to it in section 4;"light trailer" means a trailer with pneumatic tyres, the gross weight of which is not more than 1,000 kilogrammes;"lighting-up time" means the time from sunset to sunrise;"local authority" means a municipal city or town council;"MIPD" has the same meaning as in the Transcription and Mortgage Act;"Minister" means the Minister to whom responsibility for the subject of land transport and road traffic is assigned;"Minor Road Accident Report Form" means the form set out under in section 68C (1) (b);"motor car" has the meaning assigned to it in section 4;"motorcycle" has the meaning assigned to it in section 4;"motor tractor" has the meaning assigned to it in section 4;"motor vehicle" means a mechanically propelled vehicle intended for use or capable of being used, on roads unless the vehicle has, by regulations, been excluded from this definition;"NTC" means the Corporation established under section 3 of the National Transport Corporation Act;"non-resident" means a person who is not ordinarily resident in Mauritius;"offence code" means the code specified in the third column of the Third Schedule;"old registration mark" means a registration mark assigned prior to 10 April 1992 by the Commissioner;"owner" means—(a)the person in whose name a vehicle is registered or, where that person is deceased or absent from Mauritius or that vehicle is not registered, the person in possession of the vehicle; and(b)in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, the person in possession of the vehicle under the agreement;"paid driver" means a person who drives a motor vehicle in return for a salary or other remuneration;"park", in relation to a vehicle, means keep it, whether occupied or not, stationary for a period greater than is reasonably necessary for—(a)the taking up or setting down of passengers; or(b)the loading or unloading of goods;"PEDN" means a Photographic Enforcement Device Notice;"Permanent Secretary" means the Permanent Secretary of the Ministry;"personalised registration mark" means a registration mark, other than a current registration mark or an old registration mark, which is—(a)composed by the owner of the vehicle in such manner as may be prescribed; and(b)assigned by the Commissioner;"Photographic Enforcement Device Notice" or "PEDN" means a notice issued pursuant to section 195;"policy of insurance", in relation to Part V, includes a covering note in the prescribed form;"prescribed limit" means, in relation to Part VINA—(a)23 micrograms of alcohol in 100 milliliters of breath;(b)50 milligrams of alcohol in 100 milliliters of blood;(c)67 milligrams of alcohol in 100 milliliters of urine; or(d)such proportion as may be prescribed;"provisional driving licence" means a provisional driving licence granted under section 44 (2);"public place" includes a public way or place, other than a building, to which the public is entitled or permitted to have access, with or without condition;"public service vehicle" means a motor vehicle used for carrying passengers for hire or reward;"RDDS" has the same meaning as in the Registration Duty Act;"registration fee" means the fee payable under this Act and includes any surcharge on the fee or any penalty imposed by this Act;"registration mark" means a registered number or a registered letter and number or registered letters and number or numbers assigned to a motor vehicle or trailer by the Commissioner;"rehabilitation course" means a course referred to in section 123AI;"road" means—(a)a public street, road, bridge and thoroughfare;(b)a place over which the public has a right of way for motor vehicles;(c)any other road to which the public is granted access; and(d)a road reserve not under cultivation or occupied by buildings;"Road Development Authority" means the Road Development Authority established under the Road Development Authority Act;"road transport inspector" means an officer appointed under section 3 (2) who is assigned in writing by the Commissioner to exercise the powers and duties of a road transport inspector;"stand" means a place at which a vehicle is authorised to stop for a longer time than is necessary for—(a)the taking up or setting down of passengers; or(b)the loading or unloading of goods;"stand regulator" means any person who—(a)holds a valid stand regulator's licence issued by the Authority; and(b)is employed by the holder of a road service licence;"statutory attendant" means a person employed under section 147 for attending to a locomotive or a trailer;"stopping place" means a place at which a vehicle is authorised under this Act to stop for so long as is necessary for taking up or setting down passengers;"structure" includes—(a)a building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could in like manner cause an obstruction; and(b)an external alteration or addition to a structure;"taxi" has the meaning assigned to it in section 75;"ton" means a metric ton of 2200 pounds avoirdupois;"total piston displacement", in relation to the engine of a motor vehicle, means—(a)where the engine has not been modified after manufacture and—(i)the total piston displacement has been specified by the manufacturer in cubic centimetres, the total piston displacement so specified; or(ii)the total piston displacement has been specified by the manufacturer in cubic inches, the total piston displacement so specified multiplied by 16.39;(b)where the engine has been modified after manufacture, the total piston displacement as determined by the Commissioner; and(c)in any other case, the total piston displacement as determined by the Commissioner;"traffic" includes vehicles, pedestrians, processions and bodies of troops and all animals being ridden, driven or led;"traffic sign"—(a)means an object or device on a road, whether fixed or portable, for conveying warnings, information, requirements, restrictions, prohibitions of any description prescribed or authorised under this Act to traffic or a specified description of traffic; and(b)includes a line or mark on a road for conveying the warnings, information, requirements, restrictions or prohibitions;"traffic warden" means an officer appointed under section 3 (2) who is assigned, in writing, by the Commissioner to exercise the powers and duties of a traffic warden and to enforce any regulations made under section 190 (4) (n);"trailer"—(a)means a vehicle which has no independent motive power of its own and which is drawn or designed to be drawn, by a motor vehicle; and(b)does not include a sidecar attached to a motorcycle and a farm implement that is not constructed or adapted for the conveyance of goods or burden of any description;"use" means use on a road;"vehicle" includes an engine, wagon, dray, cart, carriage, bicycle or other means of carrying goods or persons by land, having 2 or more wheels, whether drawn or propelled by human, animal, steam, electric or other power;"vehicle examiner" means an officer appointed under section 3 (2) who is assigned, in writing, by the Commissioner the exercise of the powers and duties of a vehicle examiner;"vehicle tester" means a qualified person employed by an authorised examiner to carry out examination of motor vehicles;"weight unladen" means the weight of a vehicle which—(a)includes the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road; but(b)excludes the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or of loose tools and loose equipment.[S. 2 amended by s. 3 of Act 23 of 1991 w.e.f. 6 July 1991; s. 3 of Act 30 of 1995 w.e.f. 2 December 1995; s. 30 (2) (a) of Act 6 of 1998 w.e.f. 21 July 1998; s. 3 of Act 38 of 1999 w.e.f. 1 December 2000; s. 3 of Act 46 of 2002 w.e.f. 1 August 2004; s. 3 of Act 9 of 2003 w.e.f. 1 September 2003; s. 5 (a) of Act 20 of 2003 w.e.f. 23 July 2003; s. 3 of Act 36 of 2003 w.e.f. 1 August 2004; s. 3 of Act 21 of 2011 w.e.f. 1 November 2011; s. 3 of Act 29 of 2008 w.e.f. 15 October 2009; s. 23 (a) of Act 27 of 2012 w.e.f. 22 December 2012; s. 4 of Act 17 of 2012 w.e.f. 10 May 2013; s. 21 (a) of Act 26 of 2013 w.e.f. 19 May 2014; s. 4 of Act 7 of 2015 w.e.f. 27 July 2015; s. 45 (a) of Act 9 of 2015 w.e.f. 2 July 2015; s. 3 of Act 19 of 2016 w.e.f. 3 November 2016.]3. Appointment of officers
4. Classification of motor vehicles
Part II – Registration of motor vehicles and trailers
5. Registration of vehicles
5A. Leased vehicles
Where a leased vehicle has been registered in accordance with section 5, the lessee of the vehicle shall, for the purposes of this Act, be deemed to be the owner of the leased vehicle and shall incur the liabilities and obligations imposed under this Act or under any other enactment, as if he were the owner of the vehicle.[S. 5A inserted by s. 5 of Act 23 of 1991 w.e.f. 6 July 1991.]6. Change of ownership
7. Right of actual owner
8. Duty of Commissioner
Notwithstanding this Act, the Commissioner shall not—9. Proof of transfer of ownership
9A. Motor vehicles or trailers already registered in Rodrigues
Where—9B. Registration of unregistered vehicles
10. ***
[S. 10 amended by s. 4 of Act 35 of 1983 w.e.f. 5 November 1983; repealed by s. 5 (c) of Act 20 of 2003 w.e.f. 23 July 2003.]11. ***
[S. 11 repealed by s. 5 (c) of Act 20 of 2003 w.e.f. 23 July 2003.]12. Weight and dimension of vehicles
13. ***
[S. 13 repealed by s. 4 of Act 19 of 2016 w.e.f. 3 November 2016.]14. ***
[S. 14 amended by s. 3 of Act 11 of 1990 w.e.f. 1 July 1990; repealed by s. 4 of Act 19 of 2016 w.e.f. 3 November 2016.]15. ***
[S. 15 repealed by s. 4 of Act 19 of 2016 w.e.f. 3 November 2016.]16. ***
[S. 16 repealed by s. 4 of Act 19 of 2016 w.e.f. 3 November 2016.]17. Owner to notify destruction of vehicles
18. Exemption from registration
There shall be exempted from registration—19. Registration marks
20. Offences relating to registration marks
Part IIA – Provisions relating to vehicle crime
[Part IIA inserted by s. 4 of Act 21 of 2011 w.e.f. 1 November 2011.]20A. Vehicle identity checks
20B. Access to certain motor insurance information
The Commissioner may require any insurer to provide to him, within such period as may be specified, such relevant information as may be required to be kept under regulation 11 of the Motor Vehicles (Third Party Risks) Regulations 1963 or under this Act.Part III – Vehicle licensing
21. Using vehicle without licence
22. Application for licence
22A. Jurisdiction of Court
23. Issue of licences
24. Conditions for issue of licence
The Commissioner shall not—25. Application for new licence
25A. Suspension of licence
26. ***
[S. 26 repealed by s. 5 of Act 19 of 2016 w.e.f. 3 November 2016.]27. Duplicate licence
28. Provisions as to licences
29. Tax
29A. Payment by cheque
30. Licence to be carried on vehicle
31. False licence or token
Any person who—32. Motor vehicle dealer's licence
33. Use of motor vehicle dealer's licence
34. Motor vehicle dealer's identification plates
35. Duration of motor vehicle dealer's licence
36. Fee for motor vehicle dealer's identification numbers
For each separate identification number included in a motor vehicle dealer's vehicle and for each set of identification plates, such fee shall be charged as may be prescribed.37. Cancellation of motor vehicle dealer's licence
Where the holder of a motor vehicle dealer's licence is convicted before a Court for an offence under this Act relating to his licence, the Court may, in addition to imposing any other penalty order the cancellation of his licence.38. ***
39. Exemptions
This Part shall not apply to—Part IV – Driving licences
40. Driving without licence
41. Issue of driving licence
42. Licence to drive heavy motor vehicle
No licence shall be issued to a person to drive a heavy motor vehicle unless he has been the holder of a licence to drive motor cars for at least 6 months.43. Age of driver
44. Test of competence to drive
45. Fitness of applicant
46. Production of driving licence
47. Delivery of licence to licensing officer
48. Paid drivers
49. Driving test fees
50. Revocation of driving licence
51. Appeal
51A. Credit for disqualification
A Court before which a person is convicted of an offence under this Act shall—52. Powers of Court
53. Disqualification
54. Endorsement
Part V – Compulsory third party insurance
55. Using uninsured vehicle
56. Defence
A person charged with using a motor vehicle in contravention of section 55 shall not commit an offence if he proves that—57. Policy of insurance
57A. Insurance vignette
58. Security
59. Void conditions of policy or security
60. Avoidance of restrictions
60A. Liability of non-resident drivers
61. Liability of insurers
62. Rights of third parties
63. Duty to give information to third parties
64. Settlement
65. Claims by third parties not affected
66. Additional rights of third parties
67. Cancellation of policy
68. Production of certificate of insurance
68A. Motor vehicle damaged in road accidents
Notwithstanding any other enactment or anything to the contrary in an insurance contract, sections 68B to 68J shall apply to every road traffic accident between 2 motor vehicles which does not involve—68B. Agreement between parties
68C. Drivers unable to agree
68D. Liability of insurers
The liability of an insurer to compensate one or more of the owners of the motor vehicles involved in the accident shall be determined—68E. Settlement of dispute
Notwithstanding any other enactment, where a dispute arises between 2 insurers or between a policy holder and an insurer, regarding their respective liability or the amount of compensation to be paid, the dispute shall, if it has not been resolved amicably within the period specified in section 68D (c), be referred to the Motor Vehicle Insurance Arbitration Committee for determination.[S. 68E inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]68F. Motor Vehicle Insurance Arbitration Committee
68G. Conflict of interest
Where a member of the Committee has any interest, direct or indirect, in any matter which is the subject of arbitration before the Committee, he shall disclose his interest to the Committee and shall not take part in the arbitration.[S. 68G inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]68H. Proceedings of Committee
68I. ***
[EDITORIAL NOTE: Omitted in section 4 of Act 36 of 2003.]68J. Removal of obstruction
69. Deposits under Part V
Where a sum is deposited by a person under section 55 or as a condition of approval by the President under section 58, no part of that sum shall, so long as any liabilities, being such liabilities as are required to be covered by a policy of insurance under this Part, which have been incurred by him, have not been discharged or otherwise provided for, be applicable in the discharge of any other liabilities incurred by him.[S. 69 amended by Act 48 of 1991.]70. Making false statement
Where any person, for the purpose of obtaining a policy under section 55—71. Regulations
72. Application of Part V to securities
Part VI – Public service vehicles and carriers
73. National Transport Authority
74. Meetings of Authority
75. Public service vehicles
76. Public service vehicle licence
77. Road service licence
77A. NTC licences
77B. Request from NTC for variation, suspension or revocation of licences
77C. Variation of licence on Minister's direction
78. Extension of validity of licence
Where, on the date of the expiry of a stage bus licence, other than a short term licence—79. Particulars of public service vehicle
80. Taxi or contract car licence
81. Contract car
81A. Disclosure of particulars
82. Touting
83. Licensing of goods vehicle
84. Carrier's licence
85. Application for carrier's licence
86. Power of Authority
87. Conditions of carrier's licence
88. Objection
The Authority, on an application for the grant or renewal of a public carrier's licence, shall take into consideration any objection to the application which may be made in the prescribed manner by—89. Using goods vehicle to carry passenger
89A. Conveyance of development workers
90. Records and returns
91. Duration of licence
92. Licence fee
The prescribed fee shall be paid for—93. Transfer of licence prohibited
94. Authority to keep records
95. Applications to be published
The Authority shall publish in the prescribed manner notice of all—96. Revocation and suspension
96A. Powers of Authority
97. Duty of licence holder to report
98. When authorised vehicles may be changed
99. Appeal
100. Regulating conduct of passengers
101. Dispute as to taxi fares
102. Disposal of left property
103. Stopping places and stands
104. Protection of public interest
105. Regulations
106. Avoidance of contracts
A contract for the conveyance of a passenger in a public service vehicle shall be void in so far as it purports to—Part VII – Drivers and conductors of public service vehicles and goods vehicles
107. Driving without licence
108. Conductor's licence
108A. Stand regulator's licence
109. Appeal
110. Unlawfully supplying liquor
111. Regulating conduct of drivers, conductors and stand regulators
Part VIII – Examination of motor vehicles and trailers
[Part VIII repealed and replaced by s. 8 of Act 19 of 2016 w.e.f. 3 November 2016.]112. Application of this Part
113. Authorised examiners
114. Certificate of fitness
115. Defects
116. New certificate of fitness
117. Examination of motor vehicles and trailers before registration
118. Examination on order of Commissioner
119. Inspection by police officer, vehicle examiner and road transport inspector
120. Motor vehicle and trailer licence
121. Appeal under section 115 or 119
122. Offences
Any person who—122A. ***
*[S. 122A inserted by s. 8 of Act 21 of 2011 w.e.f. 1 November 2011; repealed s. 8 of Act 19 of 2016 w.e.f. 3 November 2016.]123. Regulations
Part VIIIA – Road safety
[Part VIIIA inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003.]123A. Dangerous driving
123B. Causing death by dangerous driving
123C. Driving without due care or reasonable consideration
123D. Causing death by careless driving when under influence of intoxicating drink or drugs
123E. Driving or being in charge of motor vehicle when under influence of intoxicating drink or drugs
123F. Driving or being in charge of motor vehicle with alcohol concentration above prescribed limit
123G. Breath tests
123H. Provision of specimens for analysis
123I. ***
[EDITORIAL NOTE: Section 123I omitted in s. 5 of Act 9 of 2003.]123J. Choice of specimens of breath
123K. Duties of doctors regarding patients
123L. Detention of persons affected by alcohol or drugs
123LA. Order made against persons under the influence of intoxicating drinks or drugs
123LB. ***
[S. 123LB inserted by s. 5 of Act 14 of 2006 w.e.f. 7 August 2006; repealed by s. 11 of Act 17 of 2012 w.e.f. 10 May 2013.]123M. Provision of specimens
123N. Protective helmets
123O. ***
[EDITORIAL NOTE: Section 123O omitted in s. 5 of Act 9 of 2003.]123P. Regulation of motoring events on roads
123Q. Exception for authorised motoring events
123R. Seat belts
123S. Sale of seat belts
123T. Leaving vehicles in dangerous position
Any person in charge of a vehicle and who causes or permits, the vehicle or a trailer drawn by it or any appliance of the vehicle to remain at rest on a road in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road shall commit an offence.[S. 123T inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003.]123U. Causing danger to road users
123V. Loads to be secured
123W. Tampering with motor vehicles
Any person who—123X. Holding or getting on to vehicle in order to be towed or carried
123Y. Restriction of carriage of persons on motorcycles and autocycles
123Z. Dangerous cycling
123AA. Careless and inconsiderate cycling
Any person who rides a cycle on a road without due care and attention or without reasonable consideration for other persons using the road, shall commit an offence.[S. 123AA inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003.]123AB. Cycling when under influence of intoxicating drink or drugs
123AC. Regulation of cycle racing on public ways
123AD. Drivers to comply with traffic directions and signs
123AE. Drivers not to use phone whilst driving
123AF. Directions to pedestrians
123AG. Cumulative road traffic offences
123AH. ***
[S. 123AH inserted by s. 5 of Act 9 of 2003 but not in operation as at 30 September 2007; repealed and replaced by s. 9 of Act 17 of 2012 w.e.f. 10 May 2013; repealed by s. 11 of Act 7 of 2015 w.e.f. 27 July 2015.]123AI. Rehabilitation course
123AJ. ***
[S. 123AJ inserted by s. 5 of Act 9 of 2003 but not in operation as at 30 June 2011; repealed by s. 11 of Act 17 of 2012 w.e.f. 10 May 2013.]123AK. The Highway Code
123AL. Power of Minister as to giving road safety information and training
123 AM. Lane discipline on dual carriageway
Part IX – Offences
124. Exceeding speed limit
125. Road racing
Any person who, except with the consent of and in accordance with any conditions imposed by, the Commissioner of Police—126. Exemptions
Section 124 and any other enactment imposing a speed limit on motor vehicles shall not apply to a vehicle which is used—127. ***
[S. 127 amended by s. 4 of Act 5 of 1999 w.e.f. 1 July 1999; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]128. ***
[S. 128 amended by s. 4 of Act 5 of 1999 w.e.f. 1 July 1999; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]129. Court may substitute charge
130. Prosecution under sections 123A and 123C
131. ***
[S. 131 amended by s. 4 of Act 5 of 1999 w.e.f. 1 July 1999; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]132. ***
[Ss. 132 amended by s. 4 of Act 5 of 1999 w.e.f. 1 July 1999; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]132A. ***
[S. 132A inserted by s. 3 of Act 43 of 1992 w.e.f. 19 December 1992; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]133. Involuntary homicide and wounds and blows
134. Powers of arrest
135. ***
[S. 135 repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]136. ***
[S. 136 repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]137. Liability of driver and owner for offences
138. ***
[S. 138 repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]139. Damaging traffic signs
140. Duty of driver in case of accident
141. Testing of vehicle in case of accident
142. Power to stop vehicles
143. Powers of inspection
143A. Liability of occupants for offences
144. Using vehicle without light
145. ***
146. Unauthorised sale of vehicles
147. Employing drivers and attendants
148. Number of trailers on road
149. Limitation of cycle races
150. Throwing article at or from vehicle
151. Interference with vehicle
152. Unauthorised use of vehicle
153. ***
[S. 153 repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]154. Obstruction of motor vehicle
Any person who deliberately or negligently obstructs the passage of a motor vehicle on a road shall commit an offence.155. Obstruction on roads
Any person who, for any purpose, places or causes to be placed a rope, wire or other apparatus across a road in such manner as to be likely to cause danger to persons using the road—156. Driving animal on road
157. ***
[S. 157 repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]158. Production of registration book and licence
159. Duty to give information
160. Making false statement
161. Forging documents
162. Power of seizure
163. Offences
Part X – Miscellaneous
164. Driving for more hours than authorised
Any person who—165. ***
[S. 165 amended by Act 43 of 1991; repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]166. Maximum weight used on road
166A. Licensing of petrol service stations
167. Instructor's and driving school licences
168. Application for licence
169. Appeal
170. Transfer of powers
The powers conferred and duties imposed on the Commissioner of Police under sections 167 to 169 may, by Order, be transferred, by the Minister to any other officer.171. Licence not transferable
An instructor's licence and a driving school licence shall—172. Power to inspect premises
173. Power to affix seals to motor vehicle
173A. Power to seize vehicle
174. Certificate of examination admissible
175. Certificate of ownership or driver admissible
176. Extract of register admissible
177. Commissioner to resolve doubt
178. ***
[S. 178 repealed by s. 13 (a) of Act 9 of 2003 w.e.f. 1 September 2003.]178A. National Road Safety Council
178B. Road Transport Advisory Board
179. Control of roads and traffic
180. Diversion of traffic
181. Regulation of traffic
182. Control of traffic at fires
183. Prohibiting use of bridges by vehicles
184. Traffic signs
185. Temporary traffic signs
186. Experimental scheme of traffic control
Where it appears, to the Commissioner of Police, expedient to do so for the purpose of carrying out, within a specified area, an experimental scheme of traffic control, he may, with the consent of the Minister and after giving such notice as the Minister may direct, make regulations for controlling vehicular traffic in that area in any manner specified by the regulations.187. Register of repaired vehicles
188. Proceedings
188A. Admissibility of certain evidence
189. ***
[S. 188A inserted by s. 11 of Act 9 of 2003 w.e.f. 1 September 2003.]190. Regulations
Part XI – Fixed penalties
191. Fixed penalty notice
192. Payment of fixed penalty
193. Non-payment of fixed penalty
Where a person who has been served with a notice under section 191 fails to pay the appropriate fine within the time limit mentioned in the notice and criminal proceedings are instituted against him for the offence in respect of which he was served with the notice, he shall, notwithstanding this Act or any other enactment, be liable, on conviction, to a fine which shall not be less than twice the amount specified in the second column of the Fourth Schedule in respect of that offence.[S. 193 of added by s. 5 of Act 43 of 1992 w.e.f. 1 August 1993; amended by s. 16 of Act 17 of 2012 w.e.f. 10 May 2013; s. 16 of Act 7 of 2015 w.e.f. 27 July 2015.]194. Parking notice
195. Photographic Enforcement Device Notice
196. Non-payment under section 195
Where the owner or driver of a motor vehicle, as the case may be, who is served with a PEDN fails to pay the specified penalty within 21 days of the date of issue of the PEDN, he shall—197. Giving false or misleading information
Where a person knowingly gives false or misleading information in filling Part B of a PEDN, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 3 months.[S. 197 added by s. 19 of Act 17 of 2012 w.e.f. 10 May 2013.]History of this document
30 June 2017 this version
Consolidation
01 January 1963
Commenced