Road Traffic Act

Act 22 of 1962


Mauritius

Road Traffic Act

Act 22 of 1962

  • Commenced on 1 January 1963
  • [This is the version of this document at 30 June 2017.]
EDITORIAL NOTE: The words "road traffic inspector" have been replaced by the words "road transport inspector" wherever they appear, by s. 15 of Act 38 of 1999 w.e.f. 1 December 2000.

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

(1)There shall be appointed a Road Transport Commissioner, who shall, subject to the general directions of the Minister, exercise such powers as are conferred and perform such duties as are imposed, upon him by this Act or any other enactment.
(2)There may also be appointed such other officers, subject to the control of the Commissioner, as may be necessary to exercise such powers and perform such duties, as may be assigned to them by the Commissioner.

4. Classification of motor vehicles

(1)For the purposes of this Act, motor vehicles shall be divided into the following classes—
(a)heavy locomotives, that is to say mechanically propelled motor vehicles which are not constructed themselves to carry any load other than water, fuel, accumulators and other equipment and material used for the purpose of propulsion, loose tools and loose equipment and the unladen weight of which exceeds 11% tons;
(b)light locomotives, that is to say mechanically propelled motor vehicles which are not themselves constructed to carry any load other than any of the articles specified in paragraph (a) and the unladen weight of which does not exceed 11 % tons, but exceeds 7% tons;
(c)motor tractors, that is to say mechanically propelled vehicles which are not constructed themselves to carry any load other than any of the articles specified in paragraph (a) and the unladen weight of which does not exceed 7% tons;
(d)heavy motor cars, that is to say mechanically propelled vehicles, other than vehicles classified under this section as motor cars, which are constructed themselves to carry a load or passengers and the unladen weight of which exceeds 21/2 tons;
(e)motor cars, that is to say mechanically propelled vehicles, other than vehicles classified under this section as motorcycles or in­valid carriages, which are constructed themselves to carry a load or passengers and the unladen weight of which —
(i)in the case of vehicles which are—
(A)constructed solely for the carriage of passengers and their effects;
(B)adapted to carry not more than 7 passengers exclusive of the driver; and
(C)fitted with tyres of the prescribed type, does not exceed 3 tons; and
(ii)in any other case, does not exceed 21/2 tons;
(f)motorcycles, that is to say mechanically propelled vehicles, other than autocycles or vehicles classified under this section as invalid carriages, with not more than 4 wheels and the unladen weight of which does not exceed 400 kilograms;
(g)invalid carriages, that is to say mechanically propelled vehicles the unladen weight of which does not exceed 250 kilograms and which are specially designed and constructed and not merely adapted, for the use of persons suffering from a physical defect or disability and are used only for those persons; and
(h)autocycles, that is to say, two-wheeled motor vehicles, with or without pedals, the engine capacity of which does not exceed 50 cubic centimetres.
(2)The Minister may make regulations for—
(a)subdividing any class mentioned in subsection (1), whether according to weight, construction, dimension, nature of tyres, use or otherwise;
(b)making different provision with respect to each subdivision; and
(c)varying, in respect of any class, the maximum or minimum weight fixed by this section.
(3)A reference in this Act to a class of motor vehicles includes a reference to a subdivision of the class.
(4)For the purposes of this Act—
(a)where a motor vehicle is so constructed that a trailer may, by partial super-imposition, be attached to the vehicle in such manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself construed to carry a load;
(b)where a motor vehicle is fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to form part of the vehicle; and
(c)where a sidecar attached to a motorcycle complies with the prescribed conditions, it shall be regarded as forming part of the vehicle to which it is attached.
[S. 4 amended by s. 4 of Act 43 of 1991 w.e.f. 11 December 1991.]

Part II – Registration of motor vehicles and trailers

5. Registration of vehicles

(1)
(a)Subject to this Act, no person shall use, on a road or otherwise, a motor vehicle or trailer unless the vehicle or trailer is registered in accordance with this Act.
(b)A person shall not commit an offence under this section if he proves that the motor vehicle or trailer has been in his ownership only for the period that might reasonably be required for registration.
(2)An application for the registration of a motor vehicle or trailer shall be made by the owner in the prescribed form.
(3)
(a)The Commissioner shall—
(i)cause to be entered in a register to be kept for that purpose particulars of the motor vehicle or trailer and, in the case of a leased vehicle, the name of the lessor and of the lessee and the fact that the motor vehicle or trailer is leased; and
(ii)assign to the motor vehicle or trailer a registration mark.
(b)No motor vehicle or trailer shall be registered unless it—
(i)complies with this Act with regard to the maximum limits permitted for axle weights, gross weight, height, length and width of motor vehicles or trailers; or
(ii)has been exempted by the Commissioner from compliance with the limits under subparagraph (i).
(4)
(a)
(i)Subject to subparagraph (ii), the Commissioner shall, on payment of the prescribed fee supply, to any person applying for it, a copy of such entries from the register as that person shows he has reasonable cause to require.
(ii)No fee shall be payable where a copy is supplied to a public officer or an officer of a local authority for official purposes.
(b)The Commissioner shall allow a police officer authorised by the Commissioner of Police to inspect his register at any time and permit the officer to take a copy of an entry in the register relating to a specified motor vehicle or trailer.
(5)The owner of a motor vehicle or trailer registered under this section shall—
(a)pay the fee prescribed for registration; and
(b)obtain from the Commissioner a registration book containing such particulars as may be prescribed.
(6)The loss, theft or destruction of a registration book shall be immediately reported to the Commissioner by the registered owner of the motor vehicle or trailer in respect of which it has been issued.
(7)
(a)Where it appears to the satisfaction of the Commissioner that—
(i)the registration book issued to a person has been lost or destroyed or is in a state of dilapidation;
(ii)essential particulars have been accidentally defaced; or
(iii)space is lacking for essential particulars,
the Commissioner may, on payment of the prescribed fee, issue a duplicate of the book with the word "Duplicate" written on it.
(b)Where there is no space available in a registration book for addi­tional essential particulars, no fee shall be charged for the issue of a duplicate.
(8)Before a duplicate registration book is issued on account of deface­ment, dilapidation or lack of space for essential particulars, the old registration book shall be delivered to the Commissioner.
(9)Where a new licence is issued in respect of a motor vehicle or trailer under section 25, the Commissioner shall amend the register and issue a new registration book.
(10)Where a motor vehicle or trailer does not bear on it a registration mark as provided under this section, this fact shall be regarded as prima facie evidence that the motor vehicle or trailer has not been registered and the Police may detain the vehicle or trailer until inquiries have been made.
[S. 5 amended by s. 4 of Act 23 of 1991 w.e.f. 6 July 1991; s. 23 (b) of Act 27 of 2012 w.e.f. 22 December 2012.]

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

(1)
(a)Subject to subsections (3) and (4), on the change of ownership of a motor vehicle or trailer
(i)the registered owner and the new owner shall forthwith jointly give notice by registered letter to the Commissioner of the change of ownership, of the date of the change and of the name and address of the new owner;
(ii)the registered owner shall forthwith give a similar notice to the person from whom he holds a policy of insurance or security in respect of third-party risks as required under Part V;
(iii)the registered owner shall forthwith deliver to the new owner the registration book and the licence relating to the motor vehicle or trailer; and
(iv)the new owner shall, within 14 days of the change of ownerhip, deliver the registration book and other relative documents to the Commissioner who shall, subject to subsection (5), regis­ter him as the owner of the motor vehicle or trailer.
(b)Where a person is, under section 7, entered in the register kept by the Commissioner and in the registration book, as the actual owner of a motor vehicle or trailer, the Commissioner shall consult him before registering a person as the new owner of the motor vehicle or trailer.
(2)
(a)An application for registration of a new owner may be made before the actual transfer of the motor vehicle or trailer.
(b)The registration of a new owner shall not be effective until the registration book has been surrendered to and reissued by, the Commissioner.
(3)On the death of the registered owner of a motor vehicle or trailer, the person into whose custody the motor vehicle or trailer has come shall, within 14 days of its coming into his custody, give notice of the fact to the Commissioner.
(4)On the change of ownership of a motor vehicle or trailer by reason of the motor vehicle or trailer being lawfully seized under a hire purchase agreement—
(a)
(i)the registered owner or his representative shall, within 7 days of the seizure, deliver the motor vehicle or trailer licence and the registration book to the usher who has effected the seizure of the motor vehicle or trailer; and
(ii)the usher shall, within 7 days of the seizure, inform the Commissioner in writing of the change of ownership;
(b)the person on whose behalf the seizure has been effected shall, within 7 days of receiving the motor vehicle or trailer licence and the registration book, apply to the Commissioner to be registered as the new owner and shall be registered unless the Commissioner thinks fit to order otherwise; and
(c)
(i)where the Commissioner is satisfied that a person whose name has been entered in the register and registration book, under section 7, as the actual owner of the motor vehicle or trailer is unable, within 7 days of the seizure, to procure the motor vehicle or trailer licence and the registration book from the registered owner or his representative, he shall supply to that person, on request, duplicates of the licence and book; and
(ii)that person shall thereafter be deemed to be the registered owner and the Commissioner shall accept his signature as such until the next change of ownership is affected.
(5)On the registration of a new owner, the Commissioner shall charge the prescribed fee and make the necessary alterations to the registration book and deliver the altered book to the new registered owner or issue a new registration book to him.

7. Right of actual owner

(1)Where a person entitled to the possession of a motor vehicle or trailer is not the actual owner, but is registered as the owner, any person claiming to be the actual owner may apply to the Commissioner to enter his name in the register and in the registration book of the motor vehicle or trailer as the actual owner in addition to the name of the registered owner.
(2)
(a)On receipt of an application under subsection (1), the Commissioner shall—
(i)make inquiries into the matter;
(ii)make such order as he may determine; and
(iii)communicate his order in writing to the registered owner and to the claimant.
(b)A person aggrieved by an order under paragraph (a), may, within 10 days of the notification to him of the order, appeal to the Minister, whose decision shall be final.
(3)Where an order made under subsection (2) requires that the name of the claimant be entered in the registration book, the registered owner shall, on demand, produce the book for the entry to be made.
(4)
(a)Where a person, whose name has been entered in the register and registration book as the actual owner of a motor vehicle or trailer, ceases to be the actual owner, he shall inform the Commissioner who shall thereupon make the necessary amendment in the register and registration book.
(b)The Commissioner may make the amendment mentioned in paragraph (a) otherwise than upon the information given under paragraph (a) where he is satisfied that the person has ceased to be the actual owner of the motor vehicle or trailer.
(c)Any person aggrieved by an amendment under this subsection may, within 10 days of the notification to him of the amendment, appeal to the Minister, whose decision shall be final.

8. Duty of Commissioner

Notwithstanding this Act, the Commissioner shall not—
(a)in the case of a motor vehicle or trailer which is not on the register of motor vehicles, register the vehicle unless he is satisfied that—
(i)the deed, declaration or electronic deed or declaration registered in the RDDS, relating to the transfer of the ownership of the vehicle to the person by whom or on whose behalf the application for registration is made has been registered with the Registrar-General; or
(ii)that person is exempted under this Act from registration; and
(b)in the case of a motor vehicle or trailer which has already been registered in the register of motor vehicles, register or continue the registration of the vehicle under a new owner's name unless he is satisfied that the deed or declaration relating to the transfer of ownership of the vehicle to the new owner and the last previous owner has been registered with the Registrar-General.
[S. 8 amended by s. 45 (b) of Act 9 of 2015 w.e.f. 2 July 2015.]

9. Proof of transfer of ownership

(1)The transfer of ownership of a motor vehicle or trailer shall be established—
(a)by the production of the deed or electronic deed registered in the RDDS, witnessing the transfer of the vehicle; or
(b)where there is no deed, by a declaration or an electronic declar­ation registered in the RDDS, signed by the owner of the vehicle.
(2)The deed or declaration shall be drawn up on paper of A4 size and of not less than 90 grammes and shall state—
(a)
(i)the price or consideration for which the transfer of the vehicle was effected; or
(ii)where the transfer has been effected without consideration, the actual value of the vehicle; and
(b)the make, model, engine number and capacity, chassis number and registration mark of the vehicle and
(c)the name and address, including the postcode, of the transferor and that of the transferee.
(2A)The deed or declaration may be—
(a)prepared, concluded and saved in the RDDS; or
(b)scanned and saved in the RDDS.
(2B)Any deed or declaration submitted to the Registrar-General and registered in the RDDS shall be considered to be the original.
(2C)Any deed scanned for the purpose of the RDDS shall be scanned in—
(a)Portable Document Format (PDF);
(b)300 dots per inch (DPI) Image Resolution; and
(c)text-searchable format by applying Optical Character Recognition (OCR).
(3)
(4)The deed, declaration or electronic deed or declaration registered in the RDDS shall be registered with the Registrar-General and registration duty shall be paid in accordance with Part VI of the First Schedule to the Registration Duty Act.
(5)Every person to whom the ownership of a motor vehicle or trailer has been transferred shall, within 14 days of the transfer—
(a)present to the Registrar-General for registration the deed, declaration or electronic deed or declaration registered in the RDDS referred to in subsection (2), together with—
(i)in the case of a motor vehicle or trailer registered in Mauritius, the registration book delivered under section 5 (5); and
(ii)in any other case, the original of a registration document or a certified copy issued by the relevant authority of the country where the motor vehicle or trailer is registered and the paid customs bill of entry; and
(b)pay to the Registrar-General the duty provided under subsection (4).
(6)Where a person fails to comply with subsection (4), there shall be levied on the registration of the deed or declaration, in addition to the duty provided under subsection (3), a penalty at the rate specified in the Sixth Schedule to the Registration Duty Act.
(7)No deed, declaration or electronic deed or declaration registered in the RDDS regarding the transfer of a motor vehicle or trailer shall be regis­tered unless it complies with this section.
(8)
(9)The deed, declaration or electronic deed or declaration registered in the RDDS referred to in subsection (5) (a) shall be returned to the transferee and an electronic version of the deed or declaration shall be registered and saved for a period of not less than 5 years in the MIPD.
(10)The return of a duly registered electronic deed or declaration under subsection (9) shall be effected electronically through the RDDS.
[S. 9 amended by s. 3 of Act 23 of 1985 w.e.f. 1 May 1985; s. 8 of Act 15 of 1988 w.e.f. 1 July 1998; s. 8 (1) of Act 37 of 1990 w.e.f. 1 January 1991; s. 13 of Act 25 of 1994 w.e.f. 27 July 1994; s. 5 (b) of Act 20 of 2003 w.e.f. 23 July 2003; s. 25 of Act 38 of 2011 w.e.f. 15 December 2011; s. 21 (b) of Act 26 of 2013 w.e.f. 19 May 2014; s. 45 (c) of Act 9 of 2015 w.e.f. 2 July 2015.]

9A. Motor vehicles or trailers already registered in Rodrigues

Where—
(a)a deed or declaration relating to the transfer of ownership of a motor vehicle or trailer is registered in Rodrigues under the Regis­tration and Transcription of Deeds and Inscription of Mortgages, Privileges and Charges (Rodrigues) Act; and
(b)the motor vehicle or trailer is brought to and used on a road in, the Island of Mauritius,
the deed or declaration shall be registered anew, but subject to such derogations or exceptions from, modifications of or adaptations to, section 9, as may be specified in regulations made under this section.[S. 9A inserted by s. 16 (3) of Act 19 of 1997 w.e.f. 22 December 1997.]

9B. Registration of unregistered vehicles

(1)Notwithstanding section 9 (5), where a person is the owner of an unregistered motor vehicle or trailer which is used on the road, he shall within 3 months of 15 May 2003—
(a)present to the Registrar-General for registration, the deed or declaration referred to in section 9 (2), together with—
(i)the original of a registration document or a certified copy issued by the relevant authority of the country where the motor vehicle or trailer has been registered as new in that country and the paid customs bill of entry; or
(ii)where the motor vehicle or trailer was imported as a new motor vehicle or trailer, the particulars of the engine number and capacity, chassis number and age of the motor vehicle or trailer, as certified by a dealer or by the Authority; and
(b)pay the duty provided under section 9 (4).
(2)Where the owner of the motor vehicle fails to register the deed of sale or declaration within the time limit specified in subsection (1), he shall be liable, in addition to the duty provided under section 9 (4), to a penalty at the rate specified in the Sixth Schedule to the Registration Duty Act.
[S. 9B inserted by s. 4 of Act 46 of 2002 w.e.f. 15 May 2003; amended by s. 21 (c) of Act 26 of 2013 w.e.f. 19 May 2014.]

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

(1)
(a)Every owner of a motor vehicle or trailer shall, at the request of the Commissioner, furnish such evidence as he may reasonably have available or obtain with regard to the weight unladen and the maximum weight, including its own weight, that the manufacturer of the motor vehicle or trailer states that the vehicle or trailer has been built to carry, including the recommended distribution of the weight over the several axles of the vehicle or trailer and the height, length and width of the motor vehicle or trailer.
(b)Any person who contravenes paragraph (a) shall commit an offence.
(2)
(a)The Commissioner may require—
(i)a dealer in motor vehicles or trailers to furnish a sworn declaration specifying the weight unladen, the maximum weight, including its own weight, that the manufacturer of the motor vehicle or trailer states that the vehicle or trailer has been built to carry, including the recommended distribution of the weight over the several axles of the vehicle or trailer and the height, length and width of any motor vehicle or trailer sold by him; and
(ii)a builder of motor vehicles or trailer bodies to furnish a declaration concerning the weight and the dimensions of the body he has built.
(b)Any dealer or builder who contravenes paragraph (a) shall commit an offence.

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

(1)Where a motor vehicle or trailer is—
(a)destroyed; or
(b)removed permanently from Mauritius,
the person who, at the material time, is the owner of that motor vehicle or trailer shall, within 14 days of the destruction or removal, notify the Com­missioner and surrender to him the registration book.
(2)The Commissioner may, on receipt of the notification and the regis­tration book, assign the registration mark of the motor vehicle or trailer, where the registration mark is an old registration mark, to any other motor vehicle or trailer which he subsequently registers.
(3)
(a)Where a motor vehicle or trailer is intended to be—
(i)dismantled;
(ii)broken up; or
(iii)scrapped,
the person who, at the material time, is the owner of the vehicle shall, not later than 7 days before the dismantling, breaking up or scrapping of the vehicle, where the registration make is an old registration mark, give notice in writing to the Commissioner, together with such particulars as the latter may require and surrender to him the registration book relating to the vehicle.
(b)Where the Commissioner is satisfied that the vehicle has been dismantled, broken up or scrapped, he may assign the registration mark, where the registration mark is an old registration mark, of the vehicle to any motor vehicle or trailer which he subsequently registers.
(4)Where a motor vehicle or trailer has not, for a period of 12 consecu­tive months, been licensed or exempted from being licensed, the Commissioner shall—
(a)cancel its registration; and
(b)assign its registration mark, where the registration mark is an old registration mark, to any motor vehicle or trailer which he subsequently registers.
[S. 17 amended by s. 23 (c) of Act 27 of 2012 w.e.f. 22 December 2012.]

18. Exemption from registration

There shall be exempted from registration—
(a)subject to this Act relating to motor vehicle dealer's licences, motor vehicles or trailers in the possession of manufacturers of or licensed dealers in, motor vehicles or trailers;
(b)motor vehicles or trailers brought into Mauritius by visitors, whether used under the authority of an international certificate or not and exempted from registration under regulations made under this Act;
(c)trailers used exclusively for agricultural purposes and not used on a road; and
(d)such other motor vehicle or trailer as may, by regulations, be exempted from registration.

19. Registration marks

(1)There shall be fixed and maintained on every motor vehicle and trailer, in such manner as may be prescribed, the registration mark referred to in section 5 (3).
(2)Where a motor vehicle is being used to tow—
(a)a trailer, its registration mark shall also be fixed at the rear of the trailer; or
(b)more than one trailer, its registration mark shall also be fixed at the rear of the last trailer,
in such manner as may be prescribed.
(3)No other figure, letter or design shall be placed on or within such distance as may be prescribed from, a registration mark fixed on a motor vehicle under this section.
(4)Nothing which may be mistaken for a registration mark shall be placed on a motor vehicle.

20. Offences relating to registration marks

(1)Where a registration mark is fixed and maintained—
(a)in contravention of this Act; or
(b)in such a way as to be obscured, rendered or allowed to become not easily distinguishable,
the driver of the motor vehicle or trailer and its owner shall commit an offence.
(2)It shall be a defence for any person prosecuted under subsection (1) (b) to prove that he has taken all steps reasonably practicable to prevent the mark from being obscured or rendered not easily distinguishable.

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

(1)The Commissioner may—
(a)refuse to issue a new registration book in respect of a registered vehicle if he is not satisfied that the vehicle for which the docu­ment is being sought is the registered vehicle;
(b)cause any vehicle for which a new registration book is being sought, to be examined for the purpose of ascertaining whether the vehicle is the registered vehicle concerned;
(c)require any information in relation to any vehicle for which a new registration book is being sought, for the purpose of ascer­taining whether the vehicle is the registered vehicle concerned.
(2)The Commissioner may use
(a)information which has been obtained under subsection (1)—
(i)to check the accuracy of relevant records; or
(ii)where appropriate, to amend or supplement information contained in those records;
(b)information contained in relevant records to check the accuracy of any information obtained under subsection (1).
(3)In subsection (2)—"relevant records" means records maintained by the Commissioner in connection with any functions exercisable by him under or by virtue of this Act.

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

(1)Any person who—
(a)
(i)uses or keeps; or
(ii)causes or permits to be used or kept,
on a road a motor vehicle or trailer for which a licence under this Part is not in force; or
(b)being the holder of a motor vehicle dealer's licence or any other licence issued under this Part, uses at any one time a greater number of motor vehicles or trailers than he is authorised to use by virtue of his licence,
shall commit an offence and shall, on conviction, be liable to a fine of not less that 3,000 rupees and not more than 10,000 rupees or to imprisonment for term not exceeding 6 months.
(2)Proceedings for an offence under subsection (1) may be brought at any time within a period of 12 months from the date on which the offence was committed.
(3)Where—
(a)a licence has been taken out for a motor vehicle or trailer to be used solely for a certain purpose; and
(b)the motor vehicle or trailer is, at any time during the period for which the licence is in force, used for some other purpose, whether or not the motor vehicle or trailer is constructed or adapted to be used for that other purpose,
the person using that motor vehicle or trailer or causing or permitting it to be used, shall commit an offence and shall, on conviction, be liable to a fine of not less than 3,000 rupees and not more than 10,000 rupees or to imprisonment for a term not exceeding 6 months.
(4)Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a prosecution under this section.
[S. 21 amended by s. 5 of Act 46 of 2002 w.e.f. 1 June 2002.]

22. Application for licence

(1)An application for the licensing of a motor vehicle or trailer shall be made in such form and manner as may be prescribed.
(2)On applying for a licence under this Part, the applicant shall—
(a)make such declaration and furnish such particulars with respect to the motor vehicle or trailer as may be prescribed; and
(b)produce to the Commissioner such evidence as may be prescribed that—
(i)on the date when the licence comes into operation there will be in force during the period for which the licence is issued the policy of insurance or the security required by this Act in relation to the use of the motor vehicle or trailer by the applicant or by other persons on his order or with his permission; or
(ii)the motor vehicle or trailer is a vehicle to which section 55 (3) does not apply where it is driven by its owner or by any of his servants in the course of his employment or who is otherwise subject to the control of the owner.
(3)
(a)Subject to the provisions of this Act relating to motor vehicle dealer's licences, every licence shall be issued in respect of the motor vehicle or trailer specified in the application for the licence and shall not enable the person to whom it is issued to use any other motor vehicle or trailer under that licence.
(b)The Commissioner shall not issue a licence for which application is made unless he is satisfied that—
(i)the licence applied for is the proper licence for the motor vehicle or trailer specified in the application;
(ii)in the case of a public service vehicle and a goods vehicle, the motor vehicle has been licensed under Part VI for a period not less than that during which the licence applied for will have effect; and
(iii)in the case of an application for a licence for a motor vehicle or trailer purporting to be the first application for a licence in respect of that vehicle or trailer, a licence has not previously been issued in respect of that vehicle or trailer.
(4)
(a)Every person who becomes the owner of a motor vehicle or trailer in respect of which no licence under this Part is in force shall, if he does not intend to take out a licence in respect of that motor vehicle or trailer, within 7 days of the date on which he becomes its owner, give notice by registered letter to the Commissioner of his intention not to take out a licence and furnish him with the address and particulars of the premises on which the motor vehicle or trailer is kept.
(b)Every owner or actual owner of a motor vehicle or trailer in respect of which a licence under this Part is in force shall, if he does not intend to renew the licence at the date of its expiry, on or before that date, give notice by registered letter to the Commissioner of his intention not to have the licence renewed and furnish him with the address and particulars of any premises on which the motor vehicle or trailer is intended to be kept after that date.
(c)A notice shall, where forwarded under—
(i)paragraph (a), be valid as from the first day of the month on which the person giving the notice became the owner of the motor vehicle or trailer; and
(ii)paragraph (b), be valid as from the date of the expiry of the licence.
(d)The onus of proving that a notice under this subsection has been given shall lie on the owner or the actual owner, as the case may be.
(5)
(a)The Commissioner or a police officer authorised by the Commissioner of Police, may cause seals to be affixed to a motor vehicle or trailer referred to in a notice forwarded under subsection (4) (a) or (b) in such a way that the vehicle or trailer is incapable of being used without the seals affixed to it being broken.
(b)
(i)Where an unlicensed vehicle, other than a vehicle covered by a motor vehicle dealer's licence, has to be removed from the premises where it is kept to other premises, the owner shall apply in the prescribed form, to the Commissioner for permission to remove the vehicle.
(ii)The Commissioner may, subject to such conditions as he thinks fit to impose, issue the permission, in the prescribed form, on payment of the prescribed fee.
(6)Subject to subsection (10), where a person does not give notice under subsection (4) (a) or (b), as the case may be and fails—
(a)within 15 days of the day on which he becomes the owner of a motor vehicle or trailer, to take out a licence in respect of the motor vehicle or trailer; or
(b)within 15 days of the day of the expiry of a licence issued in respect of a motor vehicle or trailer of which he is the owner or actual owner, to renew the licence,
he shall commit an offence.
(7)Any person whose unlicensed motor vehicle or trailer is—
(a)not found on the premises specified with respect to it in any notice referred to in subsection (4) (a) or (b); or
(b)found with the seals referred to in subsection (5) (a) broken or removed from it,
shall commit an offence.
(8)A person who commits an offence under this section shall, on conviction, be liable to a fine which shall not be less than twice nor more than 3 times the amount of tax payable in respect of the vehicle.
(9)Proceedings for an offence under this section may be brought at any time within a period of 12 months from the date on which the offence was committed.
(10)
(a)Any person who—
(i)becomes the owner of a motor vehicle or trailer in respect of which no licence under this Part is in force and fails to give the notice under subsection (4) (a); or
(ii)being or becoming the owner or actual owner of a motor vehicle or trailer in respect of which a licence under section 23 is in force, fails to give a notice under subsection (4) (b) and fails to renew the licence within 15 days of the date of its expiry,
shall be liable on the issue or renewal of the licence, as the case may be, to a surcharge of 50 per cent on the amount of the tax prescribed for that vehi­cle or trailer unless proceedings have, prior to the issue or renewal, been instituted against that person under section 21 or this section.
(b)No proceedings shall be instituted where a licence is issued or renewed, as the case may be, after payment of a surcharge.
(11)In this section, "renew", when used in relation to a licence, means take out a licence in respect of a vehicle which has at any time been licensed under Part III.
[S. 22 amended by s. 6 of Act 46 of 2002 w.e.f. 15 May 2003.]

22A. Jurisdiction of Court

(1)Notwithstanding section 114 of the Courts Act, a Magistrate shall have jurisdiction to try all charges relating to offences under sections 21 and 22 and may impose all fines provided for under those sections.
(2)
(a)In any proceedings for an offence under section 22, the Court may, where the person charged proves to its satisfaction that his default was not due to carelessness or an intention to defraud the revenue, mitigate the penalty prescribed for the offence.
(b)No mitigated penalty imposed by the Court under this subsection shall, in any case, be less than 25 rupees.

23. Issue of licences

(1)Subject to this Part, every licence in respect of a motor vehicle and trailer shall be issued by the Commissioner.
(2)The Commissioner shall—
(a)satisfy himself that the application form has been correctly completed; and
(b)enter on the licence such particulars as may be prescribed, including the purpose for which the vehicle or trailer is being licensed.

24. Conditions for issue of licence

The Commissioner shall not—
(a)issue a motor vehicle or trailer licence unless the motor vehicle or trailer has been duly registered; or
(b)renew a motor vehicle or trailer licence unless he is satisfied that the particulars of the motor vehicle or trailer do not differ in any respect from the particulars entered in the register.

25. Application for new licence

(1)Where—
(a)the holder of a motor vehicle or trailer licence desires to use the motor vehicle or trailer for a purpose not authorised by the licence; or
(b)after the issue of a licence, a motor vehicle or trailer is altered so that a different rate of tax becomes payable,
the existing licence shall become void and the holder shall apply for a new licence.
(2)Where a new licence is applied for under subsection (1), it shall not be issued until the old licence has been surrendered.
(3)The Commissioner shall—
(a)require the holder to pay; or
(b)refund to him,
any difference in tax between the old and new licences for the unexpired period of the old licence.
(4)In the case of a refund, the sum of 100 rupees shall be deducted.
[S. 25 amended by s. 25 (a) of Act 20 of 2002 w.e.f. 1 July 2002.]

25A. Suspension of licence

(1)Where the holder of a licence issued under section 23 is convicted under section 21 (3), the Court before which he is convicted shall, without prejudice to any penalty that may be incurred under that section order that the licence held by him be suspended for a period—
(a)in the case of a first conviction, of not less than 3 months nor more than 6 months; and
(b)in the case of a second or subsequent conviction, of not less than 6 months nor more than 12 months.
(2)
(a)Where a Court orders that a licence be suspended under subsection (1), the Commissioner of Police or a police officer authorised by him shall send notice of the order to the Commissioner within 14 days of such order.
(b)Where a licence has been suspended under subsection (1)—
(i)the holder of the licence shall surrender it to the Commissioner;
(ii)the vehicle in respect of which it has been issued shall not be used, caused or permitted to be used, during the period of the suspension; and
(iii)the Commissioner may cause seals to be affixed to the vehicle for the period of suspension.
(3)Any unauthorised person who breaks the seals affixed under subsection (2) or causes or permits such seals to be broken, shall commit an offence.
(3A)Any person who drives a vehicle during the period of suspension under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 10,000 rupees.
(3B)Section 153 of the Criminal Procedure Act shall not apply to a person liable to be sentenced under subsection (3A).
(4)A person whose licence is suspended by virtue of an order of a Court under this section may appeal against the order in the same manner as against a conviction and the Court may, if it thinks fit, suspend the operation of the order pending the determination of the appeal.

26. ***

[S. 26 repealed by s. 5 of Act 19 of 2016 w.e.f. 3 November 2016.]

27. Duplicate licence

(1)Where a motor vehicle or trailer licence is—
(a)lost;
(b)defaced;
(c)mutilated; or
(d)rendered illegible,
the Commissioner shall issue a duplicate licence on payment of the prescribed fee.
(2)
(a)Where a licence which has been lost is subsequently found, the holder of the duplicate shall forthwith surrender the duplicate to the Commissioner.
(b)Any person who knowingly retains or has in his possession, an original licence and its duplicate shall commit an offence.

28. Provisions as to licences

(1)A licence, other than a motor vehicle dealer's licence issued under this Part, may be taken out—
(a)for a period specified in the First Schedule running from the first day of the month on which the licence first has effect; or
(b)in respect of any vehicle for which the issue of a carrier's licence for the transport of sugar cane and sugar cane crop requisites has been approved by the Authority, for a period specified in the First Schedule.
(2)The period referred to in subsection (1) (b) shall—
(a)where the licence is taken out before the crop season, run from the first day of the crop season; or
(b)where the licence is taken out during the crop season, run from the date of actual payment of the prescribed fee.
(3)A licence issued under subsection (1) (b) may, on payment of the prescribed fee, be extended for one or more periods specified in the First Schedule during the crop season.
(4)For the purposes of this section, "crop season" means such period as the Minister may prescribe.
[S. 28 amended by s. 25 (b) of Act 20 of 2002 w.e.f. 1 July 2002.]

29. Tax

(1)The tax payable in respect of a licence for a motor vehicle or a trailer shall be as specified in the First Schedule.
(2)
(a)The holder of a licence issued under this Part for any period of 12 months shall, on surrendering it to the Commissioner for cancellation, be entitled to a refund of one twelfth of the tax payable on the licence in respect of each complete month of the period of the currency of the licence which is unexpired at the date of the surrender.
(b)No fraction of a rupee shall be refunded.
(c)The total amount of the refund shall not exceed the difference between the cost of the licence and the cost of 2 licences for 3 months.
(d)A sum of 100 rupees shall be deducted from the total amount so computed.
(3)For the purpose of ascertaining the rate of tax payable in respect of a motor vehicle or trailer, the Commissioner may direct that the motor vehicle or trailer be examined by an authorised examiner or a vehicle examiner, as the case may be.
(4)Any person who—
(a)fails to comply with a direction given or
(b)obstructs an authorised examiner or a vehicle examiner in the performance of his duties,
under subsection (3) shall commit an offence.
[S. 29 amended by s. 25 (c) of Act 20 of 2002 w.e.f. 1 July 2002; s. 6 of Act 19 of 2016 w.e.f. 3 November 2016.]

29A. Payment by cheque

(1)The Commissioner or any person authorised by him, may, if he thinks fit, grant a licence under this Part on receipt of a cheque for the amount of the tax payable in respect of the licence.
(2)
(a)Where a licence is granted in respect of a vehicle on receipt of a cheque and the cheque is subsequently dishonoured or stopped by the drawer, the licence shall be void as from the date when it was granted.
(b)The Commissioner shall thereupon send to the registered owner, by registered letter addressed to him at the address mentioned in the register, a notice requiring him to surrender the licence within 7 days of the date on which the notice was posted.
(c)Any registered owner who fails to surrender the licence within the period referred to in under paragraph (b) shall commit an offence.
(3)Where a licence has not been surrendered in accordance with subsection (2) (b), the Commissioner may, in addition, refuse to renew the licence for a subsequent period specified in the First Schedule until such time as the amount remaining due on account of a cheque being dishonoured or stopped by the drawer has been settled, together with any surcharge payable.
[S. 29A amended by s. 23 of Act 27 of 2012 w.e.f. 22 December 2012.]

30. Licence to be carried on vehicle

(1)
(a)Every motor vehicle or trailer licence shall be carried on the vehicle or trailer in the prescribed manner when it is in use.
(b)A trailer licence may be carried in or on the motor vehicle drawing it at the time.
(2)Every motor vehicle or trailer licence may be inspected on demand by—
(a)a police officer; or
(b)any other person authorised, in writing, by the Commissioner.

31. False licence or token

Any person who—
(a)manufactures any false licence or token;
(b)is in possession of any false licence or token;
(c)affixes to a vehicle a false licence or token; or
(d)affixes a licence or token to a vehicle, other than the vehicle in respect of which it was issued,
shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 6 months.

32. Motor vehicle dealer's licence

(1)
(a)Notwithstanding this Part, the Authority may, on the application of a dealer in or manufacturer or repairer of, a motor vehicle or trailer, issue to him a motor vehicle dealer's licence.
(b)A motor vehicle dealer's vehicle licence shall—
(i)be in the prescribed form; and
(ii)subject to the payment of the prescribed fee, to sections 33 to 36 and to any other conditions which may be prescribed, author­ise the use of such number of motor vehicles or trailers as may be specified in it.
(2)A person aggrieved by the refusal of the Authority to issue him a licence under this section may, within 7 days of the notification of the refusal to him, appeal to the Minister, whose decision shall be final.

33. Use of motor vehicle dealer's licence

(1)A motor vehicle dealer's licence shall authorise the use of a motor vehicle or trailer which is being—
(a)driven to the motor dealer's place of business after delivery to him;
(b)tested by the motor dealer or repairer; or
(c)tested or used for the purpose of effecting a sale or for such other purpose as may be prescribed.
(2)The Minister may make regulations for—
(a)the issue of more than one type of motor vehicle dealer's licence; and
(b)assigning a general identification mark to a person holding a licence issued under this section.

34. Motor vehicle dealer's identification plates

(1)The Commissioner shall—
(a)assign such identification number, disc or other token, in the prescribed form, as may be necessary to identify all vehicles and trailers used under the authority of a motor vehicle dealer's licence; and
(b)enter the number under paragraph (a) in the licence.
(2)The plates bearing the assigned identification number shall be—
(a)issued by the Commissioner;
(b)interchangeable between all vehicles or trailers in the motor vehicle dealer's possession when used for a purpose specified in section 33; and
(c)fixed or suspended on the vehicle or trailer in the prescribed manner.

35. Duration of motor vehicle dealer's licence

(1)A motor vehicle dealer's licence shall continue in operation from the date when it is granted until the following 31 December.
(2)Where the motor vehicle dealer ceases to carry on business, the licence shall cease to be valid.

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—
(a)a motor vehicle or trailer held by a manufacturer of or licensed dealer in, motor vehicles or trailers for the purposes of sale only, except sections 21 and 32 to 36;
(b)a motor vehicle or trailer for which a licence is required under any other enactment;
(c)a motor vehicle or trailer owned by the Government;
(d)a motor vehicle or trailer brought into Mauritius by a visitor, whether used under the authority of an international certificate or not and exempted from being licensed under this Act in accordance with any regulations made under it; and
(e)such motor vehicle or trailer or class of motor vehicles or trailers, as may be prescribed.

Part IV – Driving licences

40. Driving without licence

(1)No person shall—
(a)drive a motor vehicle on a road unless he is the holder of a driv­ing licence authorising him to drive a vehicle of that class or description; or
(b)permit or employ any person to drive a motor vehicle on a road unless that person is the holder of a driving licence mentioned under paragraph (a).
(2)Where any person contravenes this section, he shall commit an offence.
(3)This section shall not apply to a person who is the holder of—
(a)an international driving permit; or
(b)a provisional driving licence where that person has complied with all the conditions subject to which the provisional driving licence was granted.
[S. 40 amended by s. 5 of Act 7 of 2015 w.e.f. 27 July 2015.]

41. Issue of driving licence

(1)On payment of the prescribed fee, a driving licence shall, subject to this Part, be issued to a person applying for it in the prescribed form and manner to the licensing officer.
(2)
(a)The applicant shall furnish with his application 2 copies of his photograph and, where the application is made by a paid driver or by a person who desires or intends to be a paid driver, shall allow his fingerprints to be taken in such manner as the licensing officer directs.
(b)The licensing officer may, where he considers it necessary, require an applicant to furnish, on an application for renewal of a driving licence, 2 copies of a recent photograph of the applicant.
(3)On an application for the grant of a driving licence, the applicant shall, in addition to any declaration required under this Act, state whether—
(a)he has held an international driving permit in any part of the world;
(b)any permit under paragraph (a) has been endorsed, suspended or cancelled;
(c)he has been disqualified from holding a driving licence; or
(d)he is, under this Act disqualified by reason of age or otherwise, from obtaining the licence for which he is applying.
(4)
(a)Subject to this Part as to tests of competence to drive and as to the physical fitness of applicants for driving, the licensing officer shall, except in the case of an applicant who is disqualified under subsection (8), on payment of the prescribed fee, grant a driving licence to the person who applies for it in the prescribed manner and makes a declaration in the prescribed form that he is not disqualified by reason of age or otherwise from obtaining the licence for which he is applying.
(b)The licensing officer may refuse to grant or renew any driving licence where he is satisfied that, by reason of the character, conduct or record of convictions of the applicant, the driving of any motor vehicle or class of motor vehicles by that applicant is likely to be a source of danger or prejudice to the public.
(5)A driving licence may authorise its holder to drive—
(a)all classes of motor vehicles; or
(b)such class or such type within a class as the licensing officer may specify in it.
(6)Where under this Part an applicant is subject to a restriction with respect to the driving of any class of motor vehicles, the extent of the restriction shall be specified in the prescribed manner on the driving licence.
(7)Subject to the provisions of this Act with respect to provisional driving licences, a driving licence shall, unless previously revoked or suspended, remain in force for such period as may be prescribed from the date on which it is granted.
(8)A person shall be disqualified from obtaining a driving licence
(a)where another driving licence granted to him is in force, whether the licence is suspended or not; and
(b)where he is, by a conviction under this Act or any other enactment or by an order of a Court, disqualified from holding or obtaining a driving licence.
(9)In any proceedings, the fact that a driving licence has been granted to a person shall be evidence that that person, for the purpose of obtaining that licence, made a declaration that he was not disqualified from holding or obtaining the licence.
[S. 41 amended by s. 6 of Act 7 of 2015 w.e.f. 27 July 2015.]

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

(1)A person under the age of 15 shall not drive a motor vehicle on a road.
(2)A person under the age of 17 shall not drive a motor vehicle other than an autocycle on a road.
(3)A person under the age of 18 shall not drive a motor vehicle other than an autocycle, a motorcycle or an invalid carriage on a road.
(4)A person under the age of 18 shall not drive on a road in—
(a)a public service vehicle;
(b)a locomotive;
(c)a motor tractor; or
(d)a heavy motor car.
(5)The burden of establishing a person's age shall rest on the applicant for a driving licence.
(6)Any person who—
(a)drives; or
(b)causes or permits any other person to drive,
a motor vehicle in contravention of this section shall commit an offence.
(7)A person who is prohibited, under this section, by reason of his age, from driving a motor vehicle or a motor vehicle of any class shall, for the purpose of this Part, be deemed to be disqualified under this Part from holding or obtaining any licence, other than a licence to drive the motor vehicle which he is not, by this section, forbidden to drive.

44. Test of competence to drive

(1)
(a)Subject to paragraph (b), a driving licence shall not be granted to an applicant unless he satisfies the licensing officer that he has either, at sometime—
(i)passed the prescribed test of competence to drive; or
(ii)within 3 years before the date on which he makes the application, held an international driving permit in any country authorising him to drive motor vehicles of the class or description which he would be authorised under the licence which he has applied for.
(b)Where a licence is issued in Rodrigues, the licensing officer may require the applicant to undergo the prescribed test of competence to drive.
(2)
(a)For the purpose of enabling an applicant for a driving licence to learn to drive a motor vehicle with a view to passing a test under this section, the licensing officer may, on payment of the prescribed fee, grant to the applicant a provisional driving licence, which shall be in the prescribed form and subject to such terms and conditions as may be prescribed.
(b)Where a person to whom a provisional driving licence is granted fails to comply with any of the conditions subject to which it is granted, he shall commit an offence.
(3)The Court before which a person is convicted of an offence under section 123A or 123C may, whether he has previously passed the prescribed test of competence to drive or not and even if the Court does not make an order under section 52 disqualifying him from holding or obtaining a licence to drive a motor vehicle order him to be disqualified from holding or obtaining a licence to drive a motor vehicle until he has, since the date of the order, passed the test.
(4)The provisions of this Act, which have effect where an order disqualifying a person from holding or obtaining a driving licence is made, shall have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications—
(a)notwithstanding section 41 (8) or 53 (3), the person disqualified shall, unless he is disqualified from holding or obtaining a driving licence otherwise than by virtue of an order under this section, be entitled to—
(i)obtain and hold a provisional driving licence to be granted, where the person disqualified is the holder of a driving licence granted by the licensing officer, under subsection (2); and
(ii)drive a motor vehicle in accordance with the conditions subject to which the provisional driving licence is granted;
(b)the disqualification shall be deemed to have expired on production to the licensing officer of evidence that the person has, since the order was made, passed the prescribed test; and
(c)on the return to the person disqualified of a driving licence held by him or on the issue to him of that licence, there shall be added to the endorsed particulars of the disqualification a statement that the person disqualified has, since the order was made, passed the prescribed test.
[S. 44 amended by s. 4 of Act 9 of 2003 w.e.f. from 1 September 2003; s. 7 of Act 7 of 2015 w.e.f. 27 July 2015.]

45. Fitness of applicant

(1)On an application for the grant or renewal of a driving licence, the applicant shall make a declaration in the prescribed form as to whether or not he is suffering from—
(a)such disease or physical disability as may be specified in the form; or
(b)any other disease or physical disability which would be likely to cause the driving by him of a motor vehicle, being a motor vehicle of such class or description as he would be authorised by the licence to drive, to be a source of danger to the public.
(2)
(a)Subject to paragraphs (b) and (c) where, from the declaration or on inquiry from other information, it appears that the applicant is suffering from a disease or disability referred to in subsection (1), the licensing officer shall refuse to grant the driving licence.
(b)A licence limited to driving an invalid carriage may be granted to an applicant where the licensing officer is satisfied that he is fit to drive that carriage.
(c)The applicant may, except in the case of such diseases and disabilities as may be prescribed, on payment of the prescribed fee, claim to be subjected to a test as to his fitness or ability to drive a motor vehicle of any such class or description as he would be authorised by the licence to drive.
(d)Where the applicant passes the prescribed test and is not otherwise disqualified, the driving licence shall not be refused by reason only of this subsection, except that if the test proves his fitness to drive motor vehicles of a particular construction or design only, the driving licence shall be limited only to the driving of those vehicles.
(3)Where the applicant is of the age of 60 or more, the licensing officer may, before issuing or renewing a driving licence, if he thinks fit, require the applicant to produce a satisfactory medical certificate in such form as may be prescribed, signed by a medical practitioner.

46. Production of driving licence

(1)Any person driving a motor vehicle on a road shall, at the request of a police officer or an officer appointed under section 3 (2), produce his driving licence or an up-to-date photocopy in the actual size of the original driving licence, showing the latest endorsement, if any.
(2)Any person who contravenes subsection (1) shall commit an offence.
(3)Where a driver
(a)fails to produce his driving licence or an up-to-date photocopy in the actual size of the original driving licence, showing the latest endorsement, if any; or
(b)produces a photocopy of his driving licence,
following a request made under subsection (1), the police officer or officer appointed under section 3 (2), may require him to produce his driving licence within 5 days at such police station as the driver may specify.
(4)Any person who fails to comply with a requirement made under subsection (3) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 2,000 rupees.
[S. 46 repealed and replaced by s. 3 of Act 9 of 2004 w.e.f. 1 August 2004; amended by s. 3 of Act 14 of 2006 w.e.f. 7 August 2006; s. 5 of Act 17 of 2012 w.e.f. 10 May 2013.]

47. Delivery of licence to licensing officer

(1)
(a)Where a licensing officer has reasonable cause to believe that a driving licence is in the possession of any person, other than the one to whom it was issued, he may, by notice in writing served personally on the person in whose possession the licence is alleged to be, require that person forthwith to deliver the licence to him.
(b)The licensing officer shall, in the absence of any reason to the contrary, deliver the driving licence to the person to whom it was issued.
(2)Any person who, without reasonable cause, fails to comply with a notice under this section shall commit an offence.

48. Paid drivers

(1)Every paid driver shall, at the request of a licensing officer
(a)made in writing, attend at the office of the licensing officer; and
(b)allow his fingerprints to be taken; and
(c)produce his driving licence.
(2)Any person who, without reasonable cause, fails to comply with subsection (1) shall commit an offence.

49. Driving test fees

(1)
(a)Every person applying to undergo a driving test shall pay the prescribed fee.
(b)Where a person fails to present himself for the test for which he has applied, the fee paid shall be forfeited unless he gives 48 hours' notice of his inability to attend the test, in which case the fee paid shall be refunded to him.
(2)No fee shall be payable in respect of a test carried out as a result of an order given under section 50 (1) (c).

50. Revocation of driving licence

(1)Notwithstanding this Act, a licensing officer may—
(a)revoke a driving licence or an endorsement authorising its holder to drive a public service vehicle, where it appears to him that the conduct or character of the holder is such as to render him unfit to drive the vehicle, regard being had to the safety of the public;
(b)revoke the driving licence of a person who appears to him to be suffering from a disease or disability likely to cause the driving by him of a motor vehicle to be a source of danger to the public; and
(c)
(i)where, at any time, he has reason to believe that a person who holds a driving licence is no longer competent to drive a motor vehicle, call upon that person to submit himself to a further test as to his competence; and
(ii)where that person fails to submit himself to or does not pass, the test, revoke or refuse to renew the licence, as the case may be.
(2)No revocation may be made under this section unless the licence holder has first been given an opportunity to make representations on his behalf to the licensing officer.
(3)
(a)An order made under this section shall be in writing and shall be sent or delivered to the licence holder.
(b)Where an order to revoke a driving licence or an endorsement of the licence has been made, the licence holder shall, within 14 days of—
(i)the receipt of the order; or
(ii)the failure of an appeal against the order, deliver or send the licence to the licensing officer.

51. Appeal

(1)
(a)Where a person is aggrieved by—
(i)the refusal of the licensing officer to grant or renew a driving licence; or
(ii)the revocation of a driving licence under section 50,
he may, within 8 days of the notification to him of the decision of the licensing officer, cause a summons to be served upon the licensing officer calling upon him to show cause before the Magistrate of the District Court of Port Louis (First Division) why his decision should not be reversed, modified or suspended.
(b)The Magistrate may hear and determine the case as though it were a civil matter.
(2)Where an appeal is made under subsection (1), the decision of the Magistrate shall be final.

51A. Credit for disqualification

A Court before which a person is convicted of an offence under this Act shall—
(a)in determining the period for which the person is to be disqualified from driving a motor vehicle, give credit to the person for the period during which he was disqualified from driving a motor vehicle pursuant to section 123LA (4) (a); and
(b)indicate in its judgment that such credit has been given to the person.
[S. 51A inserted by s. 3 of Act 23 of 2016 w.e.f. 8 December 2016.]

52. Powers of Court

(1)
(a)Subject to section 123AG, a Court before which a person is convicted of an offence under this Act—
(i)may, where it is declared to be permissible by the Second Schedule and, unless the Court for special reasons thinks fit to order otherwise, shall, where it is declared to be obligatory by that Schedule, subject to any limitation specified in relation to that offence in that Schedule—
(A)where the convicted person holds a driving licence or provisional driving licence, declare that person disqualified from holding or obtaining a licence in Mauritius for such time as the Court may determine or cancel the licence and declare that person disqualified; or
(B)where the convicted person holds an international driving permit, declare that person disqualified from driving in Mauritius for such time as the Court may determine; or
(C)where the convicted person does not hold a driving licence, provisional driving licence or an international driving permit, declare that person disqualified from holding or obtaining a licence in Mauritius for such time as the Court may determine;
(ii)may, where it is declared to be permissible by the Second Schedule and shall, where it is declared to be obligatory by that Schedule order that particulars of the conviction and of any cancellation of his driving licence or provisional driving licence and of any disqualification to which that person has become subject shall be endorsed on the licence held by that person; and
(iii)may, in all cases of cancellation of a licence or of disqualification, further order that the convicted person be disqualified from holding or obtaining a licence in Mauritius unless and until he has, since the date of the order, passed a driving test.
(b)
(1A)
(a)Where a person is disqualified under this Part, the Court shall—
(i)order that person to surrender his driving licence, provisional driving licence or international driving permit, as the case may be, to the Court within 5 days of the date of the order;
(ii)order that person to follow a rehabilitation course
(A)in the case of a person referred to in subsection (1) (a) (i) (A), before restoration of his licence or for holding or obtaining a driving licence;
(B)in the case of a person referred to in subsection (1) (a) (i) (B), before restoration of his permit; or
(C)in the case of a person referred to in subsection (1) (a) (i) (C), before holding or obtaining a driving licence,
pursuant to section 123AI; and
(iii)
(A)where there is no appeal, forward the surrendered licence or permit to the licensing officer after 21 days from the date on which the licence or permit is surrendered; or
(B)where there is an appeal, return the surrendered licence or permit to the holder on production of his National Identity Card or, where he is the holder of an international driving permit, his passport.
(b)Where a person against whom an order is made pursuant to paragraph (a) (i) is the holder of both—
(i)a driving licence and an international driving permit; or
(ii)a provisional driving licence and an international driving permit,
he shall surrender both the licence and permit to the Court.
(c)Any person who fails to surrender his licence or permit within the period specified in paragraph (a) (i) 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 12 months.
(2)A person who, by virtue of an order of a Court under this Part—
(a)is disqualified from holding or obtaining a driving licence;
(b)has had his driving licence or provisional licence cancelled; or
(c)is disqualified from driving in Mauritius,
may appeal against the order in the same manner as against a conviction and the Court may, pending the appeal, suspend the operation of the order.
[S. 52 amended by s. 6 of Act 17 of 2012 w.e.f. 10 May 2013; s. 8 of Act 7 of 2015 w.e.f. 27 July 2015.]

53. Disqualification

(1)
(a)Where a person who is the holder of a driving licence or provisional driving licence is disqualified by virtue of a conviction or order under this Part, the licence shall be retained by the licensing officer as long as the disqualification is in force and the licence shall be suspended as from the date of disqualification until the restoration of the licence to its holder under section 123AI (3).
(b)Where a person who is the holder of an international driving permit is disqualified by virtue of a conviction or order under this Part, the permit shall be retained by the licensing officer as long as the disqualification is in force and until its restoration to the holder under section 123AI (4).
(2)A driving licence or provisional driving licence suspended by virtue of this Part shall, during the time of suspension, be of no effect in Mauritius.
(3)
(a)A person who, by virtue of a conviction or order under this Part and section 123AG, is disqualified from holding or obtaining a driving licence or provisional driving licence or is disqualified from driving in Mauritius, may, at any time after the expiry of 6 months from the date of the conviction or order and on his completion of a rehabilitation course, apply to the Court be­fore which he was convicted or by which the order was made to remove the disqualification.
(b)Where an application is made under paragraph (a), the Court may, if it thinks proper, having regard to—
(i)the character of the person disqualified;
(ii)his conduct subsequent to the conviction or order;
(iii)the nature of the offence; and
(iv)any other circumstances of the case,
by order, remove the disqualification as from such date as may be specified in the order or refuse the application.
(c)Where an application under this subsection is refused, a further application shall not be entertained if made within 3 months after the date of the refusal.
(d)Where the Court orders a disqualification to be removed, the Court—
(i)shall cause particulars of the order to be endorsed on any licence previously held by the applicant; and
(ii)may order the applicant to pay the whole or any part of the costs of the application.
(4)Where a person who is disqualified under this Part and section 123AG from holding or obtaining a driving licence or provisional driving li­cence or is disqualified from driving in Mauritius—
(a)applies for or obtains a driving licence;
(b)drives a motor vehicle on a road; or
(c)where the disqualification is limited to the driving of a motor vehicle of a particular class or description, drives a motor vehicle of that class or description on a road, he shall commit an offence and shall, on conviction, be liable —
(i)to imprisonment for a term not exceeding 2 years;
(ii)where the Court thinks that, having regard to the special circumstances of the case, a fine would be an adequate punishment for the offence, to a fine not exceeding 2,000 rupees; or
(iii)to both imprisonment for a term not exceeding 2 years and a fine not exceeding 2,000 rupees,
and a driving licence obtained by any disqualified person shall be of no effect.
(5)Proceedings for an offence under subsection (4) may be instituted—
(a)within a period of 6 months from the date of the commission of the alleged offence; or
(b)within a period, which does not exceed—
(i)3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committed; or
(ii)one year from the date of the commission of the offence, whichever period is the longer.
[S. 53 amended by Act 4 of 1988; s. 7 of Act 17 of 2012 w.e.f. 10 May 2013; s. 9 of Act 7 of 2015 w.e.f. 27 July 2015.]

54. Endorsement

(1)An order that the particulars of a conviction or of a disqualification to which the convicted person has become subject are to be endorsed on the driving licence held by the offender shall, whether the offender is at the time the holder of a driving licence or not, operate as an order that any driving licence he may then hold or subsequently obtain shall be so endorsed until he becomes entitled, under this section, to have a driving licence free from endorsement issued to him.
(2)
(a)Where an order is made requiring a driving licence held by an offender to be endorsed, the offender shall—
(i)where he is at the time the holder of a driving licence, produce, if the Court so orders, the driving licence within 5 days or such longer time as the Court may determine, for the purpose of endorsement; and
(ii)where he is not the holder of a driving licence but subsequently obtains a driving licence, within 5 days after obtaining the driving licence, produce it to the Court for the purpose of endorsement.
(b)Any person who contravenes paragraph (a) shall commit an offence and, where the driving licence is not produced for the purpose of endorsement within the period specified under paragraph (a), it shall be suspended from the expiry of that period until it is produced for the purpose of endorsement.
(3)On the issue of a new driving licence to any person, the particulars endorsed on a previous driving licence held by him shall be copied on the new driving licence, unless he has previously become entitled, under this section, to have a driving licence free from endorsement issued to him.
(4)Any person—
(a)whose driving licence has been ordered to be endorsed; and
(b)who has not previously become entitled, under this section, to have a driving licence free from endorsement issued to him,
who applies for or obtains a driving licence without giving particulars of the order, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 3 months and the driving licence which he has obtained shall be of no effect.
(5)
(a)Where an order has been made in respect of a person under this Part requiring the endorsement of a driving licence held by him, he shall be entitled, on applying for the grant of a driving licence under this Part or on payment of the prescribed fee and the surrender of any subsisting driving licence, to have issued to him a new driving licence free from endorsement—
(i)where he has, during a continuous period of 3 years or more since the order was made, had no order made against him or no order, other than an order made more than one year before the date of his application and by reason only of a conviction for the offence of driving a motor vehicle at speed exceeding a speed limit; or
(ii)where the order was made by reason only of a conviction under subparagraph (i) and immediately before the order was made, he was the holder of or was entitled to have issued to him, a driving licence, free from any endorsement, other than that of particulars in relation to the conviction if he has during a continuous period of one year or more since the order was made, had no order requiring endorsements made against him.
(b)In reckoning the continuous period of 3 years and one year respectively under paragraph (a), any period during which the applicant was, by virtue of the order, disqualified from holding or obtaining a driving licence shall be excluded.
(6)
(a)Where-
(i)a Court orders particulars to be endorsed on a driving licence held by a person; or
(ii)by a conviction or order of a Court, a person is disqualified from holding or obtaining a driving licence,
the Court shall send notice of the conviction or order to the licensing officer.
(b)Where a person is disqualified under paragraph (a), the Court shall also, on the production of the driving licence for the purpose of en­dorsement, retain the driving licence and forward it to the licensing officer.
(c)The licensing officer shall keep the driving licence until—
(i)the disqualification has expired or been removed; and
(ii)the person entitled to the driving licence has made a demand in writing for its return to him.
(d)Where the disqualification to which a person has become, subject is limited to the driving of a motor vehicle of a particular class or description, the licensing officer shall forthwith, after receiving the driving licence of that person under paragraph (b), issue to that person a new driving licence.
(e)The new driving licence shall indicate, in the prescribed manner, the class or description of vehicle which the holder of the driving licence is not authorised to drive and shall remain in force for—
(i)the unexpired period of the original driving licence; or
(ii)the period of the disqualification, whichever is the shorter.
(7)
(a)Where on an appeal against an order made under this section, the appeal is allowed or the conviction quashed, the appellate Court shall send notice of the fact to the licensing officer.
(b)The Registrar or other officer of the Court shall, as may be necessary, cancel or amend an endorsement made on the driving licence.

Part V – Compulsory third party insurance

55. Using uninsured vehicle

(1)Subject to this Part, no person shall—
(a)use; or
(b)cause or permit any other person to use,
a motor vehicle, unless there is in force in relation to the use of that vehicle by that person or that other person, as the case may be, such policy of in­surance or such security in respect of third-party risks as complies with this Part.
(2)Any person who contravenes this section 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 12 months.
(3)This section shall not apply to a vehicle
(a)owned by and used for the purpose of, the Government;
(b)owned by a person who has deposited and keeps deposited with the Accountant-General such sum as the Accountant-General considers sufficient where it is—
(i)driven by the owner or by a servant of the owner in the course of his employment; or
(ii)otherwise, subject to the control of the owner; or
(c)driven for police purposes—
(i)by or under the direction of a Superintendent of Police; or
(ii)by a person employed in the Police Force.
[S. 55 amended by s. 4 of Act 14 of 2006 w.e.f. 7 August 2006.]

56. Defence

A person charged with using a motor vehicle in contravention of section 55 shall not commit an offence if he proves that—
(a)the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan;
(b)he was using the vehicle in the course of his employment; and
(c)he neither knew, nor had reason to believe, that there was not in force in relation to the vehicle such policy of insurance or security as complies with this Part.

57. Policy of insurance

(1)In order to comply with this Part, a policy of insurance shall—
(a)be issued by an insurer licensed under the Insurance Act;
(b)notwithstanding any other enactment, insure such person, persons or classes of persons as may be specified in the policy in respect of any liability of not less than 150 million rupees, for each occurrence or event, which may be incurred by him or them in respect of the death of or bodily injury to, any person caused by or arising out of, the use of the motor vehicle; and
(c)not be required to cover—
(i)any liability in respect of the death of or bodily injury to, a person in the employ of any person insured by the policy, where the death or bodily injury arises out of and in the course of his employment;
(ii)except in the case of a motor vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of, a contract of employment, liability in respect of the death of or bodily injury to, a person being carried in or upon or entering or getting on or alighting from, the vehicle at the time of the occurrence of the event out of which the claim arises; or
(iii)any contractual liability.
(2)Notwithstanding any other enactment, a person issuing a policy of insurance under this section shall be liable to indemnify up to the maximum amount specified under section 57 (1) (b) 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)
(a)A policy shall be of no effect for the purpose of this Part unless and until there is issued, by the insurer, in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form—
(i)issued from a counterfoil book of certificates numbered serially and signed by the insurer or his authorised representative whose specimen signature shall be furnished to the Commissioner; and
(ii)containing such particulars of any conditions subject to which the policy is issued and of such other matters as may be prescribed.
(b)In a policy of insurance issued under paragraph (a), different forms and different particulars may be prescribed in relation to different cases or circumstances.
(4)
(a)The Commissioner or the Commissioner of Police or any officer deputed by either of them in writing, may, at any time, call at the office of an insurer and require the production, for the purpose of inspection, of the records kept by him in connection with a certificate of insurance issued by him and of the policy to which the certificate relates.
(b)Where an inspection under paragraph (a) is refused, the insurer shall commit an offence.
(c)Where an inspection under paragraph (a) is refused, the Court may compel the production of the records and the policy.
[S. 57 amended by s. 132 (4) (a) and (b) of Act 21 of 2005 w.e.f. 28 September 2007.]

57A. Insurance vignette

(1)Every insurer who issues a policy of insurance under this Part shall also issue to the person insured an insurance vignette, which shall be in such form and contain such particulars as may be prescribed.
(2)No person shall drive a motor vehicle on a road unless an insurance vignette issued in respect of that motor vehicle under subsection (1) is affixed to and conspicuously displayed on—
(a)the near side of the front seat of motorcycles and autocycles; or
(b)the left corner of the windscreen of any other vehicle.
(3)Where an insurance vignette is affixed to and conspicuously displayed on, a motor vehicle, the person driving the motor vehicle shall not be required to produce a certificate of insurance for the purposes of section 68 (1) (a) (ii) or (2) (a) (ii).[S. 57A inserted by s. 9 of Act 46 of 2002 w.e.f. 1 August 2004.]

58. Security

(1)In order to comply with this Part, a security shall—
(a)be given by—
(i)an insurer licensed under the Insurance Act; or
(ii)somebody of persons approved by the Minister, which carries on the business of giving securities of a similar nature and has deposited and keeps deposited with the Accountant-General the sum of 300,000 rupees in respect of that business; and
(b)consist of an undertaking by the giver of the security to make good, subject to any conditions specified in the security and up to the amount—
(i)in the case of an undertaking relating to the use of a public service vehicle, of not less than 250,000 rupees; and
(ii)in any other case, of not less than 100,000 rupees,
any failure by the owner of the vehicle or such other persons or classes of persons as may be specified in the security and to duly discharge such liability as is required to be covered by a policy of insurance under section 57, which may be incurred by him or them.
(2)
(a)A security shall be of no effect for the purposes of this Part unless and until there is issued, by the person giving the security, to the person to whom it is given, a certificate of security in the prescribed form and containing particulars of any conditions subject to which the security is issued and of such other matters as may be prescribed.
(b)In a security given under paragraph (a), different forms and different particulars may be prescribed in relation to different cases or circumstances.
[S. 58 amended by Act 48 of 1991 w.e.f. 12 March 1992; s. 132 (4) (c) of Act 21 of 2005 w.e.f.28 September 2007.]

59. Void conditions of policy or security

(1)A condition in a policy or security issued or given under this Part, providing that—
(a)no liability shall arise under the policy or security;
(b)any liability arising under the policy or security shall cease in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy or security,
shall be of no effect in connection with such claims as specified in section 57 (1) (b).
(2)Nothing in this section shall render void a provision in a policy or security requiring the insured or secured person to repay to the insurer or the giver of the security any sum which—
(a)the insurer or the giver of the security may have become liable to pay under the policy or security; or
(b)has been applied to the satisfaction of the claim of a third party.

60. Avoidance of restrictions

(1)Where a certificate of insurance has been issued under section 57 (3) to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured by reference to—
(a)the age, physical or mental condition of a person driving the vehicle;
(b)the fact that a person driving the vehicle is not licensed to drive a motor vehicle;
(c)the fact that a person driving the vehicle does so without the owner's consent;
(d)the condition of the vehicle;
(e)the number of persons that the vehicle carries;
(f)the weight or physical characteristics of the goods that the vehicle carries;
(g)the time at which or the areas within which, the vehicle is used;
(h)the horsepower, cubic capacity or value of the vehicle;
(i)the transportation on the vehicle of a particular apparatus; or
(j)the transportation on the vehicle of any particular means of identification other than that required under Part II,
shall, as respects such liabilities as are required to be covered by a policy under section 57 (1) (b), be of no effect.
(2)Nothing in this section shall require an insurer to pay any sum in respect of the liability of a person otherwise than in or towards the discharge of that liability.
(3)Any sum paid by an insurer in or towards the discharge of any liability of a person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person.

60A. Liability of non-resident drivers

(1)Notwithstanding any other enactment or any term or condition of an insurance policy or an agreement—
(a)where liability to a third party arises in respect of a motor vehicle while it is being used by a non-resident, whether under a contract of hire between the non-resident and the owner of the motor vehicle or with the authorisation of the owner of the motor vehicle
(i)the non-resident shall be deemed to be the agent (“préposé”) of the owner of the motor vehicle; and
(ii)the owner of the motor vehicle shall indemnify the third party in respect of the liability;
(b)where—
(i)the owner of a motor vehicle is required to indemnify a third party under paragraph (a) (ii); and
(ii)there is in force, at the material time, in relation to the use of the motor vehicle, such policy of insurance or such security in respect of third-party risks as complies with this Part;
the policy of insurance or security in respect of third-party risks shall have effect as if the motor vehicle was being used by the owner of the motor vehicle and not by the non-resident,
(c)subject to paragraph (d), a third party shall not be required to institute proceedings for the recovery of compensation or damages in respect of the liability under paragraph (a) against any person other than the owner of the motor vehicle;
(d)the insurer shall be joined as a defendant in any proceedings under paragraph (c); and
(e)where an insurer has, under this section, paid compensation to a third party, he shall have no right of indemnity for any sum paid out to the third party against—
(i)the owner of the motor vehicle in respect of which the policy was issued; or
(ii)the non-resident who was using the motor vehicle at the time the liability was incurred.
(2)Subsection (1) shall not apply to a motor vehicle belonging to a non­resident and in respect of which a visitor's licence has been issued.

61. Liability of insurers

(1)Where, after a certificate of insurance has been issued, under section 57(3), to the person by whom a policy has been effected, judgment in respect of such liability as is required to be covered by a policy under section 57(1) (b), being a liability covered by the policy, is obtained against any person insured by the policy, the insurer shall, notwithstanding that he may be entitled to avoid or cancel or may have avoided or cancelled, the policy, but subject to this section, pay to the persons entitled to the benefit of the judgment any sum payable in respect of—
(a)the liability;
(b)costs; and
(c)interest by virtue of any enactment relating to interest on judgments.
(2)No sum shall be payable by an insurer under subsection (1)—
(a)in respect of a judgment, unless before or within 14 days after the commencement of the proceedings in which the judgment was given, the insurer had notice of the proceedings;
(b)in respect of a judgment, as long as its execution is stayed pending an appeal; or
(c)in connection with any liability, where, before the occurrence of the event which was the cause of the death or bodily injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue of any provision contained in it and the Commissioner was informed of the cancellation and—
(i)before the occurrence of the event, the certificate was surrendered to the insurer or the person to whom the certificate was issued, made a declaration stating that the certificate had been lost or destroyed;
(ii)after the occurrence of the event, but before the expiry of a period of 14 days from the taking effect of the cancellation of the policy, the certificate was surrendered to the insurer or the person to whom the certificate was issued made the declaration under subparagraph (i); or
(iii)either before or after the occurrence of the event, but within the period of 14 days specified in subparagraph (ii), the insurer has commenced proceedings under this Part in respect of the failure to surrender the certificate.
(3)
(a)No sum shall be payable by an insurer under subsection (1) where, in an action commenced before or within 3 months after the commencement of the proceedings in which the judgment was given, he has obtained a declaration that—
(i)apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact or by the representation of fact, which was false in some material particular; or
(ii)where he has avoided the policy on the ground specified in subparagraph (i), he was entitled so to do apart from any provision contained in it.
(b)An insurer who has obtained a declaration under paragraph (a) in an action shall not become entitled to the benefit of any judgment obtained in proceedings commenced before the commencement of that action unless, before or within 7 days after, the commencement of that action, he had given notice to the person who is the plaintiff in those proceedings, specifying the non-disclosure or false representation on which he proposes to rely and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party to it.
(4)Where the amount which an insurer becomes liable, under this section, to pay, in respect of a liability of a person insured by a policy, exceeds the amount for which he would, apart from this section, be liable under the policy in respect of that liability, he shall be entitled to recover the excess from that person.
(5)In this section—"liability covered by the policy" means a liability which would be cov­ered by the policy but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled, the policy;"material" means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions.
(6)In this Part, references to a certificate of insurance in any provision relating to the surrender, loss or destruction of a certificate of insurance shall be construed—
(a)in relation to policies under which more than one certificate is issued, as references to all the certificates; and
(b)where a copy has been issued of a certificate, as including a reference to that copy.
(7)
(a)Where—
(i)a policy of insurance has been issued or a security has been given in respect of third-party risks in relation to the use of a motor vehicle; and
(ii)during the continuance of the policy or security under subparagraph (i), the vehicle is sold,
the policy or security shall, notwithstanding the sale and the non-issue of a certificate of insurance or a certificate of security to the purchaser, be deemed for the purposes of this Part to have been effected by or been given to, the purchaser.
(b)The policy or security shall have effect and remain in force until—
(i)2 days after the Commissioner has received notification in writing from the insurer or the giver of the security that the policy or security has been cancelled; or
(ii)the expiration of the policy or security, as the case may be.

62. Rights of third parties

(1)Where, under a policy issued under this Part—
(a)a person is insured against any liability to a third party and—
(i)becomes bankrupt; or
(ii)makes a composition or arrangement with his creditors;
(b)a company is insured against any liability to a third party and—
(i)a winding up order is made;
(ii)a resolution for a voluntary winding up is passed with respect to the company;
(iii)a receiver or manager of the company's business or undertaking is appointed; or
(iv)possession is taken by or on behalf of the holders of any debentures secured by a floating charge over any property comprised in or subject to the charge,
the rights of that insured person or company against the insurer under the policy in respect of the liability shall, if any liability is incurred before or after the events specified in paragraphs (a) and (b), be transferred to and vest in the third party to whom the liability was incurred.
(2)Any condition in a policy issued under this Part purporting, directly or indirectly—
(a)to avoid the policy; or
(b)to alter the rights of the party under the policy for the occur­rence to the insured person or company of any of the events specified in subsection (1),
shall be of no effect.
(3)
(a)Upon a transfer under subsection (1), the insurer shall, subject to section 64, be under the same liability to the third party as he would have been under to the insured person or company.
(b)Where the liability of the insurer to the insured person or company—
(i)exceeds the liability of the insured person or company to the third party, the right of the insured person or company against the insurer shall not be affected in respect of the excess;
(ii)does not exceed the liability of the insured person or company to the third party, the rights of the third party against the insured person or company shall not be affected in respect of the balance.
(4)
(a)In sections 62, 63 and 64, "liability to the third party", in relation to a person insured under a policy of insurance, does not include any liability of that person in the capacity of insurer under some other policy of insurance.
(b)Sections 62, 63 and 64 shall not apply—
(i)where a company is wound up voluntarily merely for the purpose of reconstruction or of amalgamation with another company; or
(ii)in any case where the Workmen's Compensation Act or the Na­tional Pensions Act would apply.

63. Duty to give information to third parties

(1)A person against whom a claim is made in respect of such liability as is required to be covered by a policy under section 57 (1) (b) shall, on demand by or on behalf of the person making the claim—
(a)state whether or not—
(i)he was insured; or
(ii)he would have been insured if the insurer had not avoided or cancelled the policy,
in respect of that liability by any policy having effect under this Part and
(b)give such particulars with respect to that policy as were speci­fied in the certificate of insurance issued under section 57 (3).
(2)
(a)Where—
(i)a person becomes bankrupt or makes a composition or arrange­ment with his creditors;
(ii)a winding up order is made or a resolution for a voluntary wind­ing up is passed with respect to any company;
(iii)a receiver or manager of the company's business or undertaking is appointed; or
(iv)possession is taken by or on behalf of the holders of any debentures secured by a floating charge or any property comprised in or subject to a charge,
the bankrupt, debtor, personal representative of the deceased debtor or company and, as the case may be, the trustee, liquidator, receiver, manager or person in possession of the property shall, at the request of any person claiming that the bankrupt, debtor, deceased debtor or company is under a liability to him, give such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him under this Act and enforcing any such rights.
(b)A contract of insurance, in so far as it purports, whether directly or indirectly—
(i)to avoid the contract or alter the rights of the parties under it upon the giving of any information under paragraph (a); or
(ii)otherwise, to prohibit or prevent the giving of any information under paragraph (a),
shall be of no effect.
(3)Where the information given to any person under subsection (2) discloses a reasonable ground for supposing that there have or may have, been transferred to him under this Act rights against any particular insurer, that insurer shall be subject to the same duty as is imposed under subsection (2).
(4)The duty to give information under this section shall include a duty to allow all contracts of insurance, receipts for premiums and other relevant documents in the possession or power of the person on whom the duty is imposed to be inspected and copies to be taken.
(5)Any person who, without reasonable excuse—
(a)fails to comply with this section; or
(b)wilfully makes any false or misleading statement in reply to a demand under this section,
shall commit an offence.

64. Settlement

(1)Where—
(a)a person who is insured under a policy issued under this Part has become bankrupt; or
(b)a winding up order has been made or a resolution for a voluntary winding up has been passed with respect to a company which is insured under a policy issued under this Part,
no agreement made between the insurer and the insured after liability has been incurred to a third party and after the commencement of the bank­ruptcy or winding up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to, the insured after the com­mencement of the bankruptcy or winding up, shall be effective to defeat or affect the rights transferred to the third party under this Act.
(2)The rights under subsection (1) shall be the same as if no agreement, waiver, assignment, disposition or payment had been made.

65. Claims by third parties not affected

(1)Where a certificate of insurance has been issued, under section 57 (3), to the person by whom a policy has been effected, the occurrence, in rela­tion to any person insured by the policy, of such event as is mentioned in section 62 (1) or (2) shall, notwithstanding this Act, not affect such liability of that person as is required to be covered by a policy under section 57 (1) (b).
(2)Nothing in this section shall affect any rights against the insurer conferred, under sections 67 to 69, on the person to whom the liability was incurred.

66. Additional rights of third parties

(1)No settlement by an insurer in respect of a claim which might be made by a third party in respect of such liability as is required to be covered by a policy under section 57 (1) (b) shall be valid unless the third party is a party to the settlement.
(2)A policy issued under this Part shall, as if the insured person were still alive, remain in force and available for third parties, notwithstanding the death of any person insured under section 57 (1) (b).

67. Cancellation of policy

(1)Where a certificate of insurance has been issued, under section 57 (3), to the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of a provision in the policy, the person to whom the certificate was issued shall, within 7 days from the taking effect of the cancellation—
(a)surrender the certificate to the insurer; or
(b)where the certificate has been lost or destroyed, make a declaration to that effect.
(2)Any person who fails to comply with subsection (1) shall commit an offence.

68. Production of certificate of insurance

(1)
(a)A person driving a motor vehicle on a road shall, on being so required by a police officer—
(i)give his name and address and the name and address of the owner of the vehicle; and
(ii)produce his certificate.
(b)Subject to paragraph (c), any person who fails to comply with paragraph (a) shall commit an offence.
(c)Where the driver of a motor vehicle, within 5 days after the date on which the production of his certificate was required under paragraph (a), produces the certificate in person at such police station as may have been specified by him at the time its production was required, he shall not commit an offence under paragraph (b) by reason only of the failure to produce his certificate to the police officer.
(2)
(a)Where owing to the presence of a motor vehicle on a road
(i)an accident occurs involving personal injury to another person; and
(ii)the driver of the vehicle does not at the time produce his certificate to a police officer or to some person who, having reason­able grounds for so doing, has required its production,
the driver shall, as soon as possible and in any case within 24 hours of the occurrence of the accident, report the accident at a police station or to a po­lice officer and produce his certificate.
(b)Subject to paragraph (c), any driver who fails to comply with paragraph (a) shall commit an offence.
(c)A person shall not commit an offence under paragraph (b) by reason only of failure to produce his certificate if, within 5 days after the oc­currence of the accident, he produces his certificate in person at such police station as may be specified by him at the time the accident was reported.
(3)
(a)The owner of a motor vehicle shall give such information as he may be required by or on behalf of the Commissioner of Police to give for the purpose of determining whether the motor vehicle was or was not being driven in contravention of section 55 on any occasion when the driver was required under this section to produce his certificate.
(b)Any owner who fails to comply with paragraph (a) shall commit an offence.
(4)In this section, "produce his certificate" means produce for examination—
(a)the relevant certificate of insurance or certificate of security; or
(b)such other evidence that the motor vehicle is not or was not being driven in contravention of section 55 as may be prescribed.

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—
(a)bodily injury to persons travelling in the motor vehicles;
(b)injury or other prejudice to any other person;
(c)damage to other structure or property;
(d)a motor vehicle which does not have a valid insurance vignette;
(e)a motor vehicle being driven by a person not holding a valid driving licence;
(f)a motor vehicle being driven by a person under the influence of alcohol or drugs;
(g)a State-owned vehicle.
[S. 68A inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]

68B. Agreement between parties

(1)Where the drivers of the motor vehicles agree on the circumstances of the accident, they—
(a)shall record, in 2 originals, the facts of the accident on the Agreed Statement of Facts Form substantially set out in Part A of the Fifth Schedule and sign the form; or
(b)may call at the nearest police station where a police officer shall give all reasonable assistance in filling up the form after which they and the police officer shall sign such form.
(2)Each driver shall—
(a)keep one of the signed original Agreed Statement of Facts Form;
(b)as soon as possible and not later than 5 days of the accident—
(i)notify the insurer of the motor vehicle driven by him of the accident; and
(ii)forward a copy of the Agreed Statement of Facts Form to the insurer.
(3)For the purposes of subsection (1), every driver of a motor vehicle shall carry in his vehicle an Agreed Statement of Facts Form.
(4)Where an Agreed Statement of Facts Form has been filled in accor­dance with this section, the drivers of the motor vehicles shall not be re­quired to report the accident to the police as required by section 140.
(5)Any person who contravenes subsection (2) (b) or (3) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees.
[S. 68B inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]

68C. Drivers unable to agree

(1)Where the drivers of the motor vehicles involved in an accident de­scribed in section 68A are unable to agree on the circumstances or cause of the accident and any one of the drivers requests a police officer to attend at the spot of the accident, the police officer shall—
(a)make such preliminary investigations on the circumstances of the accident as may be necessary; and
(b)record the relevant facts on such Minor Road Accident Report Form as may be approved by the Commissioner of Police.
(2)The police officer shall, not later than 10 days after the occurrence, make available to the insurers of the vehicles involved a copy of the Minor Road Accident Report Form upon payment of the prescribed fee.
[S. 68C inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]

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—
(a)on the basis of the Agreed Statement of Facts Form or, as the case may be, of the report of the police on the facts observed and recorded by them;
(b)in accordance with the scales of liabilities specified in Part B of the Fifth Schedule;
(c)within 21 days of the date on which the Agreed Statement of Facts Form or the Minor Road Accident Report Form is received by the 2 insurers, whichever is the later.
[S. 68D inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]

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

(1)There is established for the purposes of this Act a Motor Vehicle In­surance Arbitration Committee.
(2)The Committee shall consist of—
(a)a Chairperson and one or more Vice-Chairpersons who shall be barristers of not less than 5 years' standing; and
(b)such other members having suitable qualifications or wide ex­perience in transport, traffic management, insurance, automobile engineering or motor surveying.
(3)The Chairperson, the Vice-Chairpersons and the members shall be ap­pointed by the Minister on such terms and conditions as may be determined by the Minister.
(4)
(a)For the purpose of determining any dispute referred to the Com­mittee under section 68E, the Committee may sit in one or more divisions.
(b)A division shall consist of the Chairperson or a Vice-Chairperson and 2 other members to be selected by the Chairperson or the Vice Chairperson in the absence of the Chairperson.
(5)A decision of the Committee shall be taken by at least 2 members in­cluding the member presiding at the meeting of the Committee.
(6)Every member of the Committee shall be paid such remuneration or allowances as may be determined by the Minister.
(7)There shall be a Secretary to the Committee who shall be paid such remuneration or allowances as may be determined by the Minister.
(8)The Secretary shall ensure that the Committee obtains such adminis­trative, secretarial or other assistance as the Committee may require.
(9)The Chairperson or a Vice-Chairperson may be appointed on a part­time basis.
(10)For the avoidance of doubt, a decision of the Committee shall be subject to judicial review by the Supreme Court.
[S. 68F inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]

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

(1)The Committee shall sit at such place and time as the Chairperson of the Committee may determine.
(2)The Committee shall, subject to the Sixth Schedule, regulate its pro­ceedings in such manner it thinks fit.
(3)The findings of the Committee shall be complied with within 21 days from the date of its communication to the interested parties.
[S. 68H inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]

68I. ***

[EDITORIAL NOTE: Omitted in section 4 of Act 36 of 2003.]

68J. Removal of obstruction

(1)Where an accident to which section 68A applies occurs and the vehi­cles involved are likely to cause an obstruction on the road, each driver shall move his vehicle to allow the free passage of traffic after he has clearly marked on the surface of the road the position and the registration mark of his vehicle.
(2)For the purpose of marking the position and registration mark of his vehicle on the surface of the road, a driver shall carry in his vehicle a yellow indelible chalk or other appropriate yellow indelible marker.
(3)Where a driver wilfully and fraudulently marks a position other than the true position of his vehicle involved in the accident under subsection (1), he shall commit an offence and shall, on conviction, be liable to imprison­ment for a term of not less than 3 months nor more than 2 years.
[S. 68J inserted by s. 4 of Act 36 of 2003 w.e.f. 1 August 2004.]

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
(a)makes a false statement in consequence of which the policy is liable to be avoided; or
(b)wilfully performs an act which disentitles him to claim under the policy,he shall, unless he satisfies the Court that he acted without intention to deceive, commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 12 months.

71. Regulations

(1)The Minister may make regulations prescribing anything which may be prescribed under this Part and generally for the purpose of carrying this Part into effect.
(2)Without prejudice to the generality of the power under subsection (1), the Minister may provide for—
(a)the forms to be used under this Part;
(b)
(i)the application for and the issue of, certificates of insur­ance and any other documents which may be prescribed; and
(ii)the keeping of records of documents and the furnishing of particulars thereof or the giving of information with respect to those records or documents to the Minister, the Com­missioner of Police or the Commissioner;
(c)the issue of copies of any certificates or other documents speci­fied in paragraph (b) which are lost or destroyed;
(d)the custody, production, cancellation and surrender of any such certificates or other documents;
(e)any provision of this Part to have effect subject to such modifi­cations and adaptations as may be prescribed in relation to a motor vehicle brought into Mauritius from abroad by a temporary visitor to Mauritius; and
(f)
(i)the payment and investment of and dealing with, deposits under this Part;
(ii)the deposit of stocks or other securities in lieu of money;
(iii)the payment of the interests or dividends accruing or due on any securities in which deposits are being invested; and
(iv)the withdrawal and transfer of deposits.

72. Application of Part V to securities

(1)This Part shall apply in relation to securities having effect under this Part as they apply in relation to policies of insurance.
(2)Any reference in this Part, in relation to a security under subsec­tion (1) to—
(a)being insured;
(b)a certificate of insurance;
(c)an insurer; and
(d)persons insured,
shall be construed respectively as a reference to the being in force of the security, to the certificate of security, to the giver of the security and to the person whose liability is covered by the security.

Part VI – Public service vehicles and carriers

73. National Transport Authority

(1)There is established for the purposes of this Act a National Transport Authority.
(2)The Authority shall—
(a)exercise such powers and perform such duties as are conferred or imposed upon it by this Act;
(b)be responsible for the issue of licences under this Part; and
(c)hold such meetings and inquiries in public or in private as it thinks necessary for the proper exercise of its functions.
(3)
(a)The Authority shall consist of—
(i)a Chairperson, who shall be a law practitioner;
(ii)the Commissioner;
(iii)the Permanent Secretary of the Ministry responsible for the sub­ject of land transport or his representative;
(iv)a representative of the Prime Minister's Office;
(v)a representative of the Ministry responsible for the subject of finance;
(vi)
(vii)the Commissioner of Police or his representative; and
(viii)4 other persons having no direct or indirect interest in the road transport industry, the motor trade or the motor insurance busi­ness, to represent the general public.
(b)
(i)Subject to subparagraph (ii), the Chairperson and the members representing the general public shall be appointed annually by the Minister.
(ii)Notwithstanding the expiry of their term of office under para­graph (i), the members shall continue in office until such time as other mem­bers are appointed in their stead.
(4)The appointment of any person to serve as a member of the Author­ity shall be published in the Gazette.
(5)The Chairperson and every member shall be paid such fees and al­lowances as the Minister may determine.
(6)No appointed member shall be deemed to hold a public office by rea­son only of his appointment.
(7)Where the Minister is of the opinion that any member, other than an ex officio member—
(a)is guilty of improper conduct;
(b)is incapacitated by prolonged physical or mental illness; or
(c)is, for any other reason, unable or unfit to discharge his duties, he may terminate the appointment of the member.
(8)The office of an appointed member shall become vacant—
(a)on his death;
(b)7 days after the date on which he gives notice in writing to the Minister of his intention to resign his office;
(c)where, without the permission of the Chairperson, he is absent from 3 consecutive meetings of the Authority of which he has had notice;
(d)on the termination of his appointment under subsection (7); or
(e)where he acquires an interest in the road transport industry, the motor trade industry or the motor insurance business.
(9)The Authority may delegate to the Commissioner such of its powers as are necessary to effectively transact the day-to-day business of the Authority in accordance with such instructions as may be given by the Authority.
[S. 73 amended by s. 4 of Act 11 of 1990 w.e.f. 1 July 1990; s. 3 of Act 11 of 1996 w.e.f. 8 June 1996.]

74. Meetings of Authority

(1)The Authority shall meet at least twice a month for the performance of its duties.
(2)In the absence of the Chairperson, the members shall elect a Chair­person from among themselves.
(3)The meetings of the Authority shall be convened by the Chairperson or, in his absence, by the Permanent Secretary of the Ministry responsible for the subject of land transport.
(4)No member shall take part in any proceedings at a meeting of the Au­thority if, in the opinion of the Chairperson, he has a personal or direct inter­est in any matter referred to that meeting of the Authority.
(5)Everything authorised or required to be done by the Authority shall be decided by a simple majority of the members present and voting.
(6)At any meeting of the Authority, each member shall have one vote on the matter in question and, in the event of an equality of votes, the Chair­person of the meeting shall have a casting vote.
(7)At any meeting of the Authority, the Chairperson and 3 members shall form a quorum.
(8)Subject to this section, the Authority shall regulate its meetings and proceedings in such manner as it thinks fit.
[S. 74 amended by s. 5 of Act 11 of 1990 w.e.f. 1 July 1990; s. 4 of Act 11 of 1996 w.e.f. 8 June 1996.]

75. Public service vehicles

(1)Public service vehicles shall, for the purpose of this Part and any regulations made under it, be divided into—
(a)buses, being motor vehicles having a seating capacity for 7 or more passengers and carrying passengers for hire or reward at separate fares;
(b)contract buses, being motor vehicles having a seating capacity for 7 or more passengers and carrying passengers for hire or reward under a contract, express or implied, for the use of a vehi­cle as a whole;
(c)taxis, being motor vehicles having a seating capacity for not more than 6 passengers and carrying passengers and their ef­fects for hire or reward whether under a contract, express or im­plied, for the use of the vehicle as a whole or at separate fares; and
(d)contract cars, being motor vehicles constructed solely for the carriage of passengers and having a seating capacity for not more than 6 persons, excluding the driver and let out for hire or reward for a period of not less than 6 consecutive hours under a contract in writing with the condition, express or implied, that the vehicle shall be used for the carriage of passengers and their effects otherwise than at separate fares and be driven by the hirer or any other person authorised by him.
(2)Where persons are carried in a motor vehicle, other than a bus or taxi, for a journey in consideration of separate payments made by them, whether to the owner of the vehicle or to any other person, the vehicle in which they are carried shall be deemed to be a bus whether the payments are solely in respect of the journey or not.

76. Public service vehicle licence

(1)
(a)
(i)No person shall use or cause or permit to be used, a motor vehicle as a bus, contract bus, taxi or contract car, unless there is in force in relation to that motor vehicle a public service vehicle licence to use it as a vehicle of that class in accordance with this Part.
(ii)A vehicle having a seating capacity for 7 or more passengers which is licensed as a bus may also be licensed as a contract bus.
(b)Any person who contravenes this section shall commit an of­fence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 3 months.
(2)A public vehicle licence may—
(a)be refused; or
(b)where it has already been granted, be suspended or revoked by the Authority if, having regard to—
(i)the character or conduct of the applicant or holder of the licence; or
(ii)the manner in which the vehicle is being used,
it appears to the Authority that he is not a fit and proper person to hold the licence.
(3)A public service vehicle licence—
(a)shall not be granted or renewed; or
(b)where it has already been granted or renewed, may be suspended or revoked by the Authority,
if the prescribed conditions as to fitness are not fulfilled in respect of the vehicle.
(4)Where a public service vehicle licence is suspended or revoked under subsection (2) or (3), the Authority shall cause seals to be affixed to the motor vehicle during the period of suspension or revocation.
(5)Any unauthorised person who breaks a seal affixed under subsec­tion (4) or causes or permits a seal to be broken, shall commit an offence.
(6)The Authority may—
(a)attach to a public service vehicle licence such conditions; and
(b)vary the conditions under paragraph (a), as it thinks fit.
(7)Where the driver, owner or conductor of any public service vehicle wilfully or negligently fails to comply with any of the conditions attached to the public service vehicle licence issued in respect of that vehicle, he shall commit an offence.
[S. 76 amended by s. 3 of Act 2 of 1995 w.e.f. 24 June 1995.]

77. Road service licence

(1)Subject to this section, the Authority may—
(a)grant to any person who wishes to provide a service of buses, a road service licence, which shall be in the prescribed form and shall authorise its holder to provide such road service as may be specified in the licence;
(b)vary the provisions of a road service licence on the application of its holder or of any person of a class of objector mentioned in subsection (5) or on its own motion; or
(c)on its own motion or otherwise, cancel or vary a road service licence where it is satisfied that its holder is not providing an adequate or satisfactory service.
(2)The person required to hold a road service licence in respect of a bus shall be—
(a)where the vehicle is on hire to another person, for a purpose other than the conveyance by that other person of passengers for hire or reward, the person in whose name the vehicle is registered;
(b)in any other case, the person using the vehicle.
(3)Any person who—
(a)uses; or
(b)causes or permits to be used,
on a road, a bus otherwise than under and in accordance with the terms and conditions of a road service licence shall commit an offence and shall, on conviction, be liable to a fine not exceeding 3,000 rupees.
(4)The Authority shall not grant or vary a road service licence in respect of any route if it thinks, from any particulars furnished under subsection (8), that the provisions of this Act relating to the speed of motor vehicles are likely to be contravened.
(5)
(a)In deciding whether to grant, refuse or vary a road service licence in respect of any route or area, the Authority shall have regard to—
(i)the suitability of the routes on which a service may be provided under the licence;
(ii)the extent to which a route or area in respect of which the application is made is already served by road transport;
(iii)the extent to which road transport might be adversely affected and any representations which may be made in that behalf;
(iv)the extent to which the proposed service is necessary or desirable in the public interest;
(v)the needs of Mauritius as a whole in relation to traffic, including the provision of adequate, suitable and efficient services, the elimination of unnecessary services and the provision of uneconomic services and the co-ordination of all forms of transport;
(vi)the payment of reasonable wages and observance of proper conditions of service in respect of the drivers and conductors of the applicant;
(vii)the reliability and financial stability of the applicant;
(viii)the facilities at the disposal of the applicant for carrying out vehicle maintenance and mechanical repairs;
(ix)any previous conviction of the applicant for an offence under this Act;
(x)the number of vehicles in possession of the applicant in relation to the demands of the service for which a licence is sought;
(xi)whether the applicant's main source of livelihood is or is intended to be, derived from the business of operating public service vehicles; and
(xii)where a person holds or has held a road service licence, the manner in which he has operated the service authorised by the licence.
(b)The Authority shall also take into consideration any objection or other representation which may be made by—
(i)a person who is already providing transport facilities, whether by means of road transport or any other kind of transport, along or near to the routes or in the area or any part of the area of which the application is made;
(ii)a local authority in whose area the service is to be provided; or
(iii)a member of the public within the area.
(c)The onus of proving that there are grounds for an objection shall lie on the objector.
(6)
(a)Where the particulars required under subsection (8) have been supplied and the application is otherwise in order, the Authority shall cause a notice of the application to be published in—
(i)the Gazette; and
(ii)such other manner as may be prescribed or as the Authority thinks fit, not more than 14 days before the public sitting at which the application is to be heard.
(b)Notice of an objection or other representation from—
(i)a person already providing transport facilities along or near to the routes or in the area or any part of the area in respect of which the application is made; or
(ii)a local authority,
stating the grounds on which he or it, desires to object or make a representation, shall be given in writing in accordance with such procedure as may be prescribed.
(7)
(a)The Authority may—
(i)attach to a road service licence such conditions as it thinks fit; and
(ii)vary the conditions under paragraph (a).
(b)Compliance with this Act and adherence to the rates and fares prescribed in respect of any service shall be implied conditions of the road service licence under which that service is operated.
(8)
(a)Every person who applies for a road service licence and every holder of a licence who applies for its variation shall submit to the Authority
(i)particulars of the road or area it is proposed to serve;
(ii)particulars of the number and type of vehicles to be used;
(iii)the reasons for alleging that existing transport facilities on such road or in such area are inadequate;
(iv)in the case of a regular service, the timetable of the service which it is proposed to provide under the licence, the starting and destination points, stops in between and any duplication that is to be made;
(v)in any other case, such particulars as to the frequency of the service, the time to be taken and the vehicles to be used, on the journeys included in that service as the Authority may require;
(vi)the fare table of the proposed service;
(vii)particulars of any bankruptcy or of any agreement with creditors entered into by the applicant;
(viii)particulars of any agreement or arrangement affecting, in any material respect, the provision within Mauritius of facilities for the transport of goods or passengers for hire or reward entered into by the applicant with any other person by whom those facilities are provided;
(ix)particulars of any financial interest (whether as a partner or shareholder or as a result of any loan, guarantee or other finan­cial transaction) which any other person providing facilities for the transport of goods or passengers for hire or reward or for motor trade or any motor insurance business or controlling (ei­ther solely or in conjunction with any other person) the business of any person who provides those facilities, has in the business of the applicant and, in the case of an applicant being a com­pany, of any right which that person has to nominate any direc­tor of the company and such interest or right which the appli­cant has in the business of any other person engaged in the op­eration of public service vehicles within Mauritius; and
(x)such accounts, documents and records relating to the appli­cant's business and such other information as the Authority may require.
(b)In the case of any material misstatement of any of the particulars specified under paragraph (a), the Authority may revoke a road service li­cence issued or variation made, based on the application containing the mis­statement.
(9)The Minister may, either of his own motion or at the request of a per­son interested or affected, by regulations, lay down or vary fixed rates and fares for any service on any road or in any area or fix or vary the maximum or minimum rates and fares for any service.

77A. NTC licences

(1)Where the Minister is satisfied that it is in the public interest to do so, he may direct the Authority to issue to the NTC such licences as the Corpo­ration may require to operate buses on such route or in such area as the Min­ister may designate.
(2)Where the Minister makes a direction under subsection (1), section 77 shall not apply and the Authority shall, on application made to that effect, issue to the NTC such licences as it may require to operate buses on any route or in any area designated by the Minister.

77B. Request from NTC for variation, suspension or revocation of licences

(1)Where the NTC, in pursuance of its objects under the National Transport Corporation Act, considers that a stage bus licence ought to be varied, suspended or revoked, it may make a request to that effect to the Authority, stating the grounds for the request.
(2)The Authority shall, on receipt of a request under subsection (1), forth­with, by notice in writing, require the holder of the licence, within 10 days from the date of service of the notice, to submit written representations to show cause why his licence should not be varied, suspended or revoked.
(3)Notwithstanding this Act, where a request has been made under sub­section (1), the Authority shall—
(a)as soon as practicable, consider the request and any representa­tion made under subsection (2); and
(b)vary, suspend or revoke the licence, unless the Authority is sat­isfied that, in the light of the representation made by the licen­see, it would not be in the public interest to do so.
(4)Where the Authority has varied, suspended or revoked any licence under subsection (3) (b), its decision shall—
(a)be communicated forthwith to the licensee; and
(b)take effect as from the date of the communication of the deci­sion to the licensee.
(5)No decision taken by the Authority under subsection (3) (b) shall be stayed pending the determination of any appeal or other court proceedings in respect of that decision.
[S. 77B inserted by s. 3 of Act 38 of 1982 w.e.f. 18 December 1982.]

77C. Variation of licence on Minister's direction

(1)Where the Minister is satisfied that it is in the public interest to do so, he may direct the Authority to vary an existing licence so as to allow the holder to operate his bus on any route or in any area designated by the Minister.
(2)Where the Minister makes a direction under subsection (1), section 77 shall not apply and, on application made by the holder of the licence, the Authority shall vary the licence accordingly.
[S. 77C inserted by s. 3 of Act 35 of 1993 w.e.f. 24 August 1993.]

78. Extension of validity of licence

Where, on the date of the expiry of a stage bus licence, other than a short term licence—
(a)proceedings are pending before the Authority, on application by the holder of that licence for the grant to him of a new licence in substitution for the existing licence; or
(b)an appeal is pending in respect of any decision of the Authority,
the existing licence shall, without prejudice to the powers of suspension and revocation conferred by this Part, continue in force until the application or appeal is disposed of.

79. Particulars of public service vehicle

(1)The gross weight of a public service vehicle, the weight of goods and the maximum number of passengers, including, where permitted, standing passengers, that may be carried on a public service vehicle shall be—
(a)determined by an authorised examiner or a vehicle examiner in the prescribed manner;
(b)described, together with such other particulars as may be prescribed, on the certificate of fitness for the vehicle issued under Part VIII; and
(c)legibly painted in a conspicuous position on the vehicle in such manner as may be prescribed.
(2)Where a public service vehicle carries more passengers than it is per­mitted to carry, the conductor of the vehicle or the driver, where there is no conductor, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees.
(3)Any person who, 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, shall commit an offence.
[S. 79 amended by s. 7 of Act 19 of 2016 w.e.f. 3 November 2016.]

80. Taxi or contract car licence

(1)Every person applying for a public service vehicle licence in respect of a taxi or in respect of a contract car, referred to as a "taxi licence" or "con­tract car licence" respectively, shall submit to the Authority in the form it requires—
(a)particulars of the type of vehicle to be used;
(b)particulars as to the stand or base from which it is intended to operate the taxi or contract car; and
(c)such other particulars as the Authority may require.
(2)
(a)The Authority may grant or refuse an application for a taxi licence or a contract car licence.
(b)In deciding whether to grant or refuse an application under para­graph (a), the Authority shall have regard—
(i)primarily to the needs and interests of the public generally, in­cluding those of persons requiring, as well as those providing, facilities for the conveyance of passengers; and
(ii)to the character of the applicant.
(c)The Authority shall also take into consideration any objection or other representation which may be made by—
(i)a person who is already providing transport facilities, whether by means of road transport or any other kind of transport, along or near to the routes or in the area or any part of the area in re­spect of which the application is made;
(ii)a local authority in whose area the service is to be provided; or
(iii)a member of the public within that area.
(d)The onus of proving that there are grounds for an objection shall lie on the objector.
(3)Subject to this section and to regulations made by the Minister, the Authority may attach to a taxi licence such conditions as it thinks fit—
(a)with regard to matters to which it is required to take into consideration under subsection (2) and, in particular, for securing that—
(i)prescribed fares are charged;
(ii)copies of the fare table are carried and made available for inspection in vehicles;
(iii)wages, conditions of service and hours of employment are in accordance with particulars attached to the licence;
(iv)arrangements are made for the systematic and complete maintenance of the vehicle; and
(v)the authorised vehicle is used only in a specified district or between specified places or from a specified base or on specified roads; and
(b)to impose in the public interest or with a view to preventing un­economic competition.
(4)The Authority may cancel or vary any of the conditions attached to a taxi licence under subsection (3).
(5)
(a)Where the particulars required under subsection (1) have been supplied and the application is otherwise in order, the Authority shall cause a notice of the application to be published in—
(i)the Gazette; and
(ii)such other manner as may be prescribed or as the Authority thinks fit, not less than 14 days before the public sitting at which the application is heard.
(b)Notice of an objection or other representation from—
(i)a person already providing transport facilities along or near to the routes or in the area or any part of the area in respect of which the application is made; or
(ii)a local authority,
stating the grounds on which he or it, desires to object or to make a repre­sentation, shall be given in writing in accordance with such procedure as may be prescribed.

81. Contract car

(1)No person shall let out a contract car on hire unless the public service vehicle licence in respect of the contract car has been inscribed by the Commissioner as being valid for a contract car.
(2)Any person who fails to comply with subsection (1) shall commit an offence.

81A. Disclosure of particulars

(1)Every holder of a road service licence, contract bus licence or contract car licence shall, on or before 31 October in every year, submit to the Authority a detailed statement showing—
(a)his receipts and expenditure supported by certified copies of vouchers;
(b)salaries, allowances and conditions of service of persons in his employ and, where the holder is a company, of its directors; and
(c)any acquisition or transfer of assets,
for the preceding year ending on 30 June of that year.
(2)Any person who fails to comply with subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 2,000 rupees.
(3)Without prejudice to subsection (2), the Authority may revoke the li­cence held by any person who—
(a)fails to comply with subsection (1); or
(b)makes any statement which he knows to be false in any material particular.

82. Touting

(1)No owner, driver or conductor or person acting on behalf of the owner, driver or conductor of a public service vehicle authorised to carry passengers shall—
(a)make any loud noise or sound any instrument in order to attract the attention of the public or of a possible passenger;
(b)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 in the vehicle, in such manner as to constitute a nuisance; or
(c)act in any way so as to cause annoyance or inconvenience to any person.
(2)Any person who contravenes subsection (1) shall commit an offence.

83. Licensing of goods vehicle

(1)Subject to this Part, no person shall use a goods vehicle for the carriage of goods
(a)for hire or reward; or
(b)for or in connection with, any trade or business carried on by him,
except under a carrier's licence issued under this Part.
(2)Notwithstanding this Part, a goods vehicle shall, when used for any purpose, be deemed to have been used for the carriage of goods.
(3)"Goods vehicle" means—
(a)a motor vehicle, other than a two-wheeled motorcycle; or
(b)a trailer,
constructed or adapted for use for the carriage of goods.
(4)Where a goods vehicle is being used for the carriage of goods
(a)its driver, where the vehicle belongs to him or is in his possession under an agreement for hire, hire purchase or loan; and
(b)in any other case, the person whose agent or servant the driver is,
shall, for the purposes of this Part, be deemed to be the person by whom the vehicle is being used.
(5)
(a)Where goods are carried in a goods vehicle, being a vehicle, which has been let on hire by the person who at the time of the carriage of the goods is, within the meaning of this Part, the user of the vehicle, the goods shall be deemed to be carried by that person for hire or reward.
(b)Where a person uses any motor vehicle, other than a goods vehi­cle, for the carriage of goods for or in connection with, the trade or business of another person, he shall be deemed, if the carriage of the goods is not for hire or reward, to carry those goods for or in connection with his own trade or business.
(6)For the purposes of this Part—
(a)the delivery or collection by a person of goods sold, used or let on hire or hire purchase in the course of a trade or business car­ried on by him;
(b)the delivery or collection by a person of goods which have been or are to be, subjected to a process or treatment in the course of a trade or business carried on by him;
(c)the carriage of goods in a vehicle which is being used under and in accordance with the rules applicable to, a motor dealer's vehi­cle licence taken out by a manufacturer or dealer or repairer under section 32; or
(d)the carriage of goods in a vehicle by a manufacturer, agent or dealer, where the vehicle is being used by him for demonstration purposes;
shall not be deemed to constitute a carrying of the goods for hire or reward.
(7)This section shall not apply to the use of—
(a)a public service vehicle as a bus under a road service licence granted under this Part;
(b)a vehicle for the purpose of funerals;
(c)a vehicle for police, fire brigade or ambulance purposes;
(d)a vehicle for—
(i)towing a disabled vehicle; or
(ii)removing goods from a disabled vehicle to place of a safety; or
(e)
(i)a vehicle for a prescribed purpose; or
(ii)a vehicle of a specified class or description, where regula­tions made under this Part provide that such use shall not be subject to this section; or
(f)a dual-purpose vehicle or a double cab pickup for the transport of goods or otherwise.
(8)
(a)Any person who uses a goods vehicle in contravention of this section shall commit an offence.
(b)Where a person uses, causes or permits to be used, a motor vehicle, other than a goods vehicle, for the carriage of goods for hire or reward, he shall commit an offence.
[S. 83 amended by s. 31 of Act 18 of 2008 w.e.f. 19 July 2008; s. 23 (e) of Act 27 of 2012 w.e.f. 22 December 2012.]

84. Carrier's licence

(1)A carrier's licence shall be—
(a)a public carrier's licence (an "A licence");
(b)a private carrier's licence (a "B licence");
(c)a crop season public carrier's licence; or
(d)a crop season private carrier's licence.
(2)A public carrier's licence shall entitle its holder to use the authorised vehicle, subject to any conditions attached to the licence for the carriage of goods, other than sugar canes—
(a)for or in connection with, any trade carried on by him; or
(b)except to the extent as may be limited by the conditions attached to the licence, for hire or reward and for the conveyance of persons.
(3)A private carrier's licence shall entitle its holder to use the authorised vehicle, subject to any conditions attached to the licence, for—
(a)the carriage of goods, other than sugar canes; and
(b)the conveyance of persons free of charge, for or in connection with any trade or business carried on by him.
(4)A crop season public or private carrier's licence shall entitle its holder to use the authorised vehicle, subject to any conditions attached to the li­cence, for—
(a)the carriage of sugar canes or sugar cane crop requisites during the crop season; and
(b)the conveyance of persons free of charge for or in connection with, the carriage of sugar canes or sugar cane crop requisites.
(5)Notwithstanding this Part, the Authority may, in a case of emergency and subject to such conditions as it thinks fit to impose, authorise the holder of a licence to use an authorised vehicle for the carriage of goods for any person to whom he lets the vehicle, where it is satisfied that the needs of that person cannot conveniently be met from other sources.
[S. 84 amended by s. 3 of Act 26 of 1986 w.e.f. 28 July 1986.]

85. Application for carrier's licence

(1)A person applying for a carrier's licence shall submit to the Authority, in the form it requires, a statement—
(a)containing, in respect of the motor vehicle proposed to be used under the licence—
(i)which belongs to the applicant; or
(ii)which is in his possession under a hire purchase agreement; or
(iii)where the application is granted, the applicant intends to acquire or to obtain possession of under an agreement,
such particulars as may be required by the Authority,
(b)specifying the type of motor vehicles and the type and number of trailers proposed to be used under the licence; and
(c)specifying the facilities for the transport of goods intended to be provided by him under the licence, including particulars of the base from which and the district within which or the places be­tween which, it is intended that the authorised vehicle will be operated for the purpose of carrying goods.
(2)A person applying for a carrier's licence shall—
(a)give to the Authority any information which it may reasonably require for the discharge of its duties in relation to the applica­tion; and
(b)in particular, if required by the Authority, submit such particulars as it may require with respect to—
(i)any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application;
(ii)the rates charged or proposed to be charged by the appli­cant; and
(iii)the wages and conditions and hours of employment of per­sons employed in connection with the vehicle intended to be used under the licence.
(3)No carrier's licence shall be granted or renewed unless the prescribed conditions as to fitness have been complied with in respect of the vehicle.

86. Power of Authority

(1)The Authority may—
(a)grant or refuse an application for a carrier's licence; or
(b)grant a licence in respect of—
(i)a motor vehicle other than that of which particulars were contained in the application;
(ii)a motor vehicle differing in type from that for the use of which authorisation was applied for; or
(iii)trailers less in number than or differing in type from, those for the use of which authorisation was applied for.
(2)The Authority, in exercising its power under subsection (1), shall have regard—
(a)principally to the interests of the public generally, including those of persons requiring, as well as those of persons providing, facilities for transport; and
(b)in particular where there is an application for an "A licence"—
(i)where the applicant is the holder of an existing licence of the same class, to the extent to which he is authorised to use goods vehicles for the carriage of goods for hire or reward;
(ii)to the previous conduct of the applicant in the capacity of a carrier of goods and to his character generally; and
(iii)to the type of vehicle intended to be used under the licence.

87. Conditions of carrier's licence

(1)It shall be a condition of every carrier's licence that—
(a)the authorised vehicle is maintained in a fit and serviceable condition;
(b)the provisions of any enactment with respect to limits of speed and weight, laden and unladen and the loading of goods vehicles, are complied with in relation to the authorised vehicle;
(c)the provisions of this Part relating to the keeping of records are complied with;
(d)any articulated vehicle whose overall length exceeds 33 feet and any motor vehicle whose gross weight exceeds 15 tons shall comply with any condition prescribed in respect of that vehicle.
(2)Subject to subsection (1), the Authority may attach to a carrier's licence—
(a)a condition that the authorised vehicle shall be used only—
(i)in a specified district;
(ii)between specified places;
(iii)from a specified base; or
(iv)on specified roads;
(b)a condition that—
(i)only certain classes or descriptions of goods shall be carried;
(ii)certain classes or descriptions of goods shall not be car­ried; or
(iii)goods authorised to be carried shall be carried only for specified persons;
(c)a condition that the maximum or minimum rates prescribed for the carriage of goods shall be charged;
(d)a condition specifying the maximum laden weight of an author­ised vehicle;
(e)a condition that wages, term s of service and hours of employ­ment shall be in accordance with particulars attached to the li­cence; and
(f)such other conditions as the Authority thinks fit to impose in the public interest or with a view to preventing uneconomic competition.
(3)Subject to subsection (1), the Authority may cancel or vary any of the conditions attached to a carrier's licence under subsection (2).
(4)Any person driving or using a goods vehicle who fails to comply with any of the conditions attached to the carrier's licence issued in respect of that vehicle shall commit an offence.
(5)The holder of the carrier's licence shall also commit an offence under subsection (4), equally with and independently of the person actually driving or using the goods vehicle, unless he proves that he had taken every reasonable precaution to prevent the commission of the offence.

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—
(a)a person who is already providing facilities, whether by means of road transport or any other kind of transport, for the carriage of goods, for hire or reward, in the district or between the places which the applicant intends to serve;
(b)the Commissioner of Police; or
(c)the local authority whose area or part of whose area the appli­cant intends to serve on the ground that—
(i)any condition of a carrier's licence held by the applicant has not been complied with; or
(ii)suitable transport facilities in the district or between the places which the applicant intends to serve are or, if the application were granted, would be, either generally or in respect of any particular type of vehicles, in excess of requirements.

89. Using goods vehicle to carry passenger

(1)Any person driving or using any goods vehicle who—
(a)carries another person in or on it; or
(b)causes or permits another person to ride in or on it, shall commit an offence unless he proves that—
(i)the carriage of that person is authorised by a licence or permit issued under this Act; or
(ii)the person carried is sick or injured and is carried in a case of emergency.
(2)The Authority may determine the number of attendants to be carried on a goods vehicle and their duties.
(3)The holder of a carrier's licence shall also commit an offence under subsection (1), equally with and independently of the person actually driving or using the goods vehicle, unless he proves that he had taken every reasonable precaution to prevent the commission of the offence.

89A. Conveyance of development workers

(1)Notwithstanding this Act, the Authority may, subject to such conditions as it thinks fit to impose, including conditions for the payment of joint or separate fares, authorise the holder of a carrier's licence, other than a crop season public or private carrier's licence, to carry development workers to and from their place of work in the goods vehicle in relation to which the licence is held.
(2)In this section, "development worker" means a worker employed by Government in furtherance of the social and economic development of Mauritius.
[S. 89A amended by s. 4 of Act 26 of 1986 w.e.f. 28 July 1986.]

90. Records and returns

(1)A person carrying on the business of operating public service vehicles or goods vehicles shall—
(a)keep such accounts and records in relation to his business; and
(b)make such financial and statistical returns to such persons and in such manner and at such times as may be prescribed.
(2)The owner of a public service vehicle or goods vehicle shall, at the request of the Authority, produce for inspection all accounts or records kept under subsection (1).
(3)Any person who fails to comply with this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 250 rupees and, in the case of a continuing offence, to a fine not exceeding 500 rupees for every day during which the offence continues.

91. Duration of licence

(1)A licence under this Part shall, unless previously revoked or suspended, continue in force for such period as may be prescribed.
(2)
(a)Where an application has been made for a licence under this Part, the Authority may, for any justifiable administrative reason, pending the determination of the application, grant to the applicant a short-term licence for such period as it thinks fit.
(b)A short-term licence granted under paragraph (a) shall cease to have effect from the date on which the Authority gives its decision on the application.

92. Licence fee

The prescribed fee shall be paid for—
(a)the issue of every public service vehicle licence, road service licence, carrier's licence or its duplicate;
(b)every variation of a licence under paragraph (a); and
(c)every authorised vehicle specified in the licence under paragraph (a).

93. Transfer of licence prohibited

(1)A licence granted under this Part shall, except with the prior approval of the Authority and subject to regulations made under this Act, not be transferable or assignable.
(2)Notwithstanding subsection (1), regulations may provide for a person who, in the event of—
(a)the death, incapacity, bankruptcy or liquidation of the business of; or
(b)the appointment of a receiver or manager in relation to the busi­ness of,
the holder of a public service vehicle licence, a road service licence or a car­rier's licence, is carrying on the business of the holder of that licence to —
(i)continue for the time being to use the licensed or authorised ve­hicle; or
(ii)operate the service authorised by the road service licence.

94. Authority to keep records

(1)The Authority shall keep a record in such form and containing such particulars as may be prescribed of all licences it grants under this Part.
(2)Any—
(a)police officer or person authorised by the Minister, without pay­ment; or
(b)other person appearing to the Authority to have reasonable ground for claiming so to do, upon payment of the prescribed fee,
may, at any reasonable time, inspect and take copies of or extracts from, the record kept under subsection (1).
(3)The record shall be admissible in evidence of the matters required un­der this Part to be entered in it.
(4)A copy of an entry made in the record under this section purporting to be—
(a)signed by or on behalf of the Authority; or
(b)certified by or on behalf of the Authority to be a true copy,
shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the entry.

95. Applications to be published

The Authority shall publish in the prescribed manner notice of all—
(a)applications in respect of road service licences, taxi licences, contract car licences and public carrier's licences;
(b)its proposals to vary the conditions attached to and road service licences, taxi licences, contract car licences, specifying the time within which and the manner in which objections may be made to the proposals or to the grant of the applications.
[S. 95 amended by s. 5 of Act 26 of 1986 w.e.f 28 July 1986.]

96. Revocation and suspension

(1)
(a)A public service vehicle licence, a road service licence or a car­rier's licence may be revoked or suspended by the Authority on the ground that a condition of—
(i)the licence has not been complied with; or
(ii)any other licence of the same class which the licensee holds or has held, has not been complied with.
(b)The Authority shall not revoke or suspend a licence under para­graph (a) unless it is satisfied that—
(i)there has been a repetition of the breach of conditions on the part of the licensee;
(ii)the breach has been committed wilfully; or
(iii)the breach has involved danger to the public.
(2)Where a licence is revoked or suspended under subsection (1)—
(a)the Authority shall notify its holder of the revocation or suspen­sion;
(b)the holder of the licence shall, on receipt of the notice, deliver the licence to the Authority; and
(c)the Authority shall cause seals to be affixed to the motor vehicle during the period of revocation or suspension.
(3)Any unauthorised person who breaks a seal affixed under subsec­tion (2) or causes or permits a seal to be broken, shall commit an offence.
[S. 96 reprinted by Reprint 1 of 1983; amended by s. 4 of Act 2 of 1995 w.e.f. 24 June 1995.]

96A. Powers of Authority

(1)In the exercise of its powers under sections 76 (2) and (3), 96 (1), 107 (3) and 108 (3), the Authority may—
(a)summon witnesses and examine them on oath; and
(b)order any witness upon whom a summons is served to produce any document believed to contain any relevant matter for the de­termination of a case.
(2)The Authority may designate any of its officers to perform the duties of an usher in the service of a summons issued under subsection (1).
(3)Any person who, after having been personally served with a sum­mons issued under subsection (1)—
(a)fails to attend the hearing; or
(b)having attended the hearing—
(i)refuses to answer a question put to him;
(ii)fails to produce a document of which he has the control or custody and which he has been ordered to produce; or
(iii)knowingly gives false evidence, shall commit an offence.
[S. 96A inserted by s. 3 of Act 7 of 1994 w.e.f. 19 May 1994; reprinted by Reprint 3 of 1994.]

97. Duty of licence holder to report

(1)The holder of a public service vehicle licence or of a carrier's licence shall, where there occurs to a vehicle in respect of which the licence was granted any failure or damage of a nature likely to affect the safety of the passengers or of persons using the road, report the matter as soon as possible to the Authority.
(2)The holder of a public service vehicle licence or of a carrier's licence shall not, without the prior approval of the Authority, make any alteration, otherwise than by way of replacement of parts, in the structure or fixed equipment of the public service or of an authorised vehicle.
(3)Any person who contravenes this section shall commit an offence.

98. When authorised vehicles may be changed

(1)Notwithstanding this Part, where an authorised vehicle breaks down or some other unforeseeable emergency occurs, the holder of a road service licence may temporarily substitute another vehicle for the authorised vehicle if—
(a)he is unable in any other way to provide the service authorised in his road service licence; and
(b)within 24 hours of making the substitution, he notifies the Commissioner of the substitution and he does not use for a period longer than 7 days, without the consent of the Commissioner, the substituted vehicle for the authorised vehicle.
(2)Any person who fails to comply with subsection (1) shall commit an offence.

99. Appeal

(1)Any person who—
(a)being an applicant for the grant or variation of a licence under this Part, is aggrieved by—
(i)the decision of the Authority on the application; or
(ii)any condition attached to the licence by the Authority;
(b)having made an objection, which the Authority is bound to take into consideration, to the grant or variation of a licence under this Part, is aggrieved by the decision of the Authority on the objection; or
(c)being the holder of a licence under this Part, is aggrieved by—
(i)its revocation or suspension; or
(ii)any variation of the conditions attached to the licence,
may appeal to the Minister by giving notice in writing to the Authority and lodging his appeal with the Permanent Secretary within 10 days of the date on which the decision of the Authority has been communicated to him.
(2)Where a person, who has applied for a new licence under this Part in substitution for a licence held by him and in force at the date of his application, appeals to the Minister on the ground that his application—
(a)has been refused; or
(b)has not been granted,
the existing licence shall, notwithstanding the provisions of this Part as to the duration of licences, continue in force until the appeal has been disposed of, without prejudice to the exercise in the meantime of the powers of suspension and revocation conferred by this Part.

100. Regulating conduct of passengers

(1)
(a)The Minister may make regulations generally as to the conduct of—
(i)passengers in public service vehicles; and
(ii)persons at bus stands and at bus stopping places.
(b)Without prejudice to the generality of the power under paragraph (a), the Minister may make regulations in particular in order to—
(i)authorise the removal from a public service vehicle by the driver or conductor of the vehicle or, at the request of the driver or conductor, by any police officer, of any person infringing the regulations made under paragraph (a);
(ii)require a passenger in a public service vehicle who is reasonably suspected by the driver or conductor of contravening the regulations made under paragraph (a) to give his name and address to a police officer or to the driver or conductor on demand;
(iii)require a passenger to declare, if so, requested by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare on demand for the whole of the journey and to accept any ticket provided for it;
(iv)require, on demand being made for the purpose by the driver, conductor or other person authorised by the licensee of the vehicle, production during the journey and surrender at the end of the journey by the holder of any ticket issued to him;
(v)require a passenger, if so, requested by the driver or conductor, to leave the vehicle on the completion of the journey for which he has paid the fare;
(vi)require the surrender by the holder of a ticket issued to him on the expiry of the period for which it is issued;
(vii)regulate the conduct of persons waiting to enter public service vehicles and the priority of entry into those vehicles and provide for queues or lines to be formed and kept by those persons; and
(viii)authorise the erection and maintenance of such barriers and posts as appear necessary for regulating the conduct of persons waiting to enter public service vehicles.
(2)Any person who contravenes any regulation made under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 2,500 rupees.
[S. 100 amended by Act 5 of 1999.]

101. Dispute as to taxi fares

(1)
(a)Where a dispute arises between the hirer and the driver of a taxi with regard to the sum payable in respect of the hiring, the hirer may require the driver to drive to the nearest police station and shall deposit the sum demanded by the driver with the officer in charge of the police station.
(b)The officer shall retain the sum until the matter in dispute is decided by a Magistrate or otherwise disposed of.
(2)A Magistrate to whom a dispute is referred under subsection (1) shall —
(a)proceed to examine on oath, the parties to the dispute and such witnesses as they desire to be examined; and
(b)reduce the substance of the examination to writing.
(3)The Magistrate shall, after the examination under subsection (2) is completed, give his decision, which shall be final.
(4)A copy of the Magistrate's decision shall be forwarded to—
(a)the officer in charge of the police station referred to in subsection (1), who shall take action accordingly; and
(b)the Authority.
(5)The driver of a taxi who refuses to drive to the nearest police station when required to do so under this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 250 rupees and the Court by which he is convicted shall send to the Authority particulars of the conviction.

102. Disposal of left property

(1)Any person who finds property left in a public service vehicle or goods vehicle shall immediately hand it, in the state in which he finds it—
(a)to the conductor; or
(b)where there is no conductor, to the driver, who shall deal with it in accordance with this section.
(2)Immediately before or on the termination of a journey of a public service vehicle or goods vehicle, the conductor or, where there is no conductor, the driver, shall—
(a)search the vehicle for any property left in it and return the property and any property handed to him under subsection (1), in the state in which it came into his possession, to the person who left the property in the vehicle; or
(b)where he is unable to return the property within 12 hours, de­posit it at a police station.
(3)Any person who fails to comply with this section shall commit an offence.

103. Stopping places and stands

(1)
(a)The Authority may, with the approval of the Minister, by Order provide for—
(i)appointing, in any town or village, stands for public service vehicles or goods vehicles;
(ii)fixing, on any road, stopping places for buses; and
(iii)specifying the manner of using the stands and stopping places under subparagraphs (i) and (ii).
(b)No stand shall, without the consent of the local authority con­cerned, be appointed in any town for taxis and goods vehicles.
(2)No driver or conductor of a bus shall ply for hire—
(a)in any town or village; or
(b)on any road,
except at the stands or stopping places appointed or fixed by the Authority.
(3)Subject to subsection (4), the driver or other person in charge of a goods vehicle or taxi shall not cause or permit the goods vehicle or taxi to wait upon a road or a public or private place, for the purpose of plying for hire except—
(a)at the place of business or residence—
(i)of the owner of the goods vehicle or taxi; or
(ii)where the owner is a company or body corporate, of such agent of the company or body corporate as is permitted by the Authority; or
(b)in the case of—
(i)a taxi, at its base or stand; and
(ii)a goods vehicle, at a stand.
(4)
(a)The driver or other person in charge of a taxi may ply for hire at separate fares—
(i)at its base or stand; or
(ii)subject to paragraph (b)—
(A)where the taxi is already carrying a passenger, at any place in the course of the journey undertaken by the passenger; or
(B)where it is on a return journey to its base or stand.
(b)Except where he does so at the base or stand of the taxi under paragraph (a) (i), the driver or other person in charge of a taxi shall not ply for hire at separate fares—
(i)at a base or stand; or
(ii)at or within 60 metres of—
(A)a stopping place appointed by the Authority for buses; or
(B)any stand appointed by the Authority for any other class of public service vehicle or for goods vehicles.
(5)For the purposes of subsections (3) and (4), the base or