Road Traffic Act, 2002

208. (1) Any person who for any purpose places or causes to be placed any rope, wire or other apparatus across a road or any part thereof in such manner as to be likely to cause danger to persons using ~ p g ' ~ ~ ~ ~ the road shall, unless that person proves that such person had taken all necessary means to give adequate warning of the danger, commits an offence, and is liable upon conviction, in the case of a first offence, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months and, in the case of a second or subsequent offence, to a fine not exceeding six thousand penalty units or to imprisonment for a period not exceeding twelve months. (2) No person shall place or abandon or cause to be placed or abandoned upon a road any object or thing which is capable of causing danger to traffic on or to such road: Provided that nothing contained in this section shall apply in respect of any object or thing placed upon a road by a road authority, road 228 No. 11 of 20021 Road Trafic Liability for animal on road traffic inspector in uniform or police officer acting under and in terms of any written law. (3) No person shall on aroad wilfully and without lawful excuse prevent, hinder or interrupt the free and proper passage of vehicles, persons or animals thereon. (4) Any person contravening the provisions of subsection (2) and (3) commits an offence. (5) A police officer may arrest without warrant any person committing or suspected on reasonable grounds of having committed an offence under this section.

209. (1) Subject to the provisions of subsection (2), no person shall leave or permit any animal to be on any road which is fenced or enclosed in any other manner along both sides, and no person shall leave any such animal in a place from which it may stray on to such road. (2) The provisions of subsection (1) shall not apply t o - (a) any animal which is being ridden or is been used to draw a vehicle upon a road; or (b) any animal which is being moved upon the road from one place to another, other than for the purpose of grazing on the road, under the immediate control of a reasonable attendant in such a manner as not to constitute a source of danger or injury to any person or any traffic upon such road. (3) In any prosecution for a contravention of subsection (I), the owner of the animal concerned shall be presumed, until the contrary is proved, to have left or allowed the animal to be on the road concerned, or to have left it in a place from where it may have strayed on to such road, and a road shall be regarded as fenced or enclosed along both sides even though there are openings in the fence or barriers providing access to the road. (4) No person shall drive any animal referred to in subsection (1) upon a road between sunset and sunrise unless that person exhibits a white light visible in clear weather or on straight road for a distance of at least one hundred and fifty metres, or, in the case of a flock or herd of more than ten animals, a person carrying a white light as prescribed, preceds and another carrying a light follows such animal. Road Trafic [No. 11 of 2002 229 (5) A person in charge of an animal on a road shall tend it in such a manner as not to constitute an obstruction or danger to other traff~c. (6) Any person failing to comply with the provisions of this section commits an offence.

210. (1) If the presence of a motor vehicle in any way causes a person to be injured on a road, and if the person in charge of the motor vehicle fails to stop the vehicle or to render reasonable assistance ~~~~ Failure of driver of ,mr to the injured person, that person commits an offence and is liable, upon conviction, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two yeas, or to both: render assistance to i , j d P e M n Provided that it shall be a valid defence to a charge under this section if the driver of the motor vehicle had reason to believe that by stopping after the accident that person would be endangering the person's own safety, or the safety of the other occupants of the motor vehicle. (2) In the case of any accident as described in subsection (I), the driver of the motor vehicle shall report the accident to a road traffic inspector in uniform or police officer as soon as reasonably practical: Provided that in case of an accident in which no person is injured, no such report need be made by a driver who has at the time of the accident given that person's name and address to any other person owning or in charge of any property or animal injured in such accident. (3) If any person fails to comply with subsection (2) of this section, that person commits an offence and is liable, upon conviction, in the case of a fmt offence, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, and in the case of a cabe of a second or subsequent offence, to a fine not exceeding three thousand penalty units and to imprisonment as aforesaid for a term not exceeding three months.

211. (1) If in any case, owing to the presence of a motor vehicle Duty to stop in case of ,,,ident on a road, an accident occurs whereby damage or injury is caused to any person, property or animal, the driver of the motor vehicle shall stop, and, if required so to do by any person having reasonable grounds for so requiring, give the driver's name and address of the owner, and the registration mark of the vehicle. (2) In the case of any such accident as described in subsection (I), the driver of the motor vehicle shall report the accident to a road traffic inspector in uniform or police officer as soon as reasonably practical: 230 No. 11 of 20021 Road TrafSic Additional powers of police and others - Provided that in any case of an accident in which no person is injured, no such report need be made by a driver who has at the time of the accident given the driver's name and address to any other person owning or in charge of any property or animal injured in such accident. (3) If any person fails to comply with the provisions of this section, the person commits an offence, and is liable on conviction in the case of a first offence to a fine not exceeding one thousand five hundred penalty units, or to imprisonment for a period not exceeding three months, and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units and to imprisonment for a term not exceeding three months: Provided that it shall be a valid defence to acharge under thls section if the driver of the motor vehicle had reason to believe that by stopping after the accident such driver would be endangering the driver's safety, or the safety of other occupants of the motor vehicle.

212. (1) In addition to any other powers conferred by this Act, any police officer or road traffic inspector in uniform may at any time require the driver of any motor vehicle to stop the vehicle, and the police officer or road traffic inspector in uniform, or who, if not in uniform, produces that police officer or road traffic inspector's identity card, may, at anytime- (a) require the driver of any motor vehicle to furnish the driver's name and address and give any other particulars required as to the driver's identification; (b) require any person in any motor vehicle to furnish that person's name and address and give any other particulars required as to that person's identity and to give such information as is in that person's power to give and may lead to the identification of the driver or owner of such vehicle; (c) inspect the brakes or any part of any motor vehicle or trailer or the equipment thereof with a view to ascertaining whether the motor vehicle, trailer or equipment thereof complies with the provisions of this Act or regulations made under the provisions of this Act; (d) ascertain the dimensions of any motor vehicle or trailer or the laden weight, or the axle weights, and for this purpose require any persons or goods to be removed from the motor vehicle or trailer; (e) direct the reduction or redistribution of the load of any motor vehicle or trailer, the laden weight of which or the weight carried on any axle thereof exceeds the limit specifled in any Road Traflc [No. 11 of 2002 231 law applicable to the road in question for the time being in force under this Act or any regulations made under it: (f) if the condition of a motor vehicle or trailer is such that danger is likely to be caused to the occupants or to members of the public, direct its removal forthwith from the road, and prohibit its use until the defeats have been remedied to the satisfaction of a vehicle examiner in accordance with provisions of section twenty or, if the vehicle is one to which Part IX applies, in accordance with the provisions of section one hundred and twenty-five; (g) drive any motor vehicle where necessary in the execution of that driver's duties, to investigate whether an offence is being committed under this Act in relation to the motor vehicle: Provided that no police officer or road traffic inspector may drive any motor vehicle in the exercise of my uf the powers and duties conferred or imposed on the officer or inspector under the provisions of this Act or any regulations made under it unless that officer or inspector is the holder of a driving licence of the appropriate class. (2) The;Director or any officer duly authorised by the Agency in writing shall, for the purposes of ascertaining the dimensions of any motor vehicle or trailer or its laden weight or its axle weight, have the powers conferred on Police officers by subsection (1). (3) The Minister may, on the advice of the Agency, by statutory instrume~t, make regulations for the taking of motor vehicles or trailers to weighbridges, for the weighing of them at such weighbridges, for the issue of ceritificates showing the recorded weight of such vehicles or trailers and-for the exemption of vehicles or trailers that have been exempted from further weighing during the validity of such certificates. (4) The provisions of subsection (I), other than paragraphs (d), (e), fl and (g), shall apply to bicycles, as they apply to motor vehicles, and any reference therein to motor vehicles, drivers or the provisions of any regulations made under this Act shall be construed accordingly.

213. (1) Any police officer or road traffic inspector in uniform may at any time stop any motor vehicle or trailer on which more than one person in addition to the driver of the vehicle is or goods are being conveyed or suspected of being used for the purpose of ascertaining whether the vehicle is being used, for the purpose for which the vehicle is not licensed to be used, and the police officer or road traffic inspector Powers, concerning $?'$$Of as public service 232 No. 11 of 20021 Road TrafJic in uniform, or who. if not in unifonn, produces that police officer or road traffic inspector's identity chrd, may at any time- (a) require the driver of the vehicle to furnish that driver's name and address, the name and address of the owner of the vehicle and particulars of the business in connection of which the vehicle is being used; (b) require any person who is on any vehicle suspected of being used for a purpose for which the vehicle is not licensed to be used or who is suspected of having being on the vehicle recently, to give that person's full name and address and to state whether or not any remuneration has been or is to be given by that person for been conveyed on the vehicle; (c) require the drivers of, or any other such person in any such vehicle to furnish the name and address of the sender and consignee and the name of the points between which any goods on such vehicle are to be conveyed; or (d) require any other person to give such information as it is in that person's powers to give to assist the police officer or the road traffic inspector to ascertain whether the vehicle is being used for the purpose of which it is not licensed to be used. ( 2 ) Any person who fails to comply with the requirement or direction lawfully made or given in terms of this section commits an offence.

214. (1) Any road traffic inspector in uniform or police officer who, if not in unifonn, produces an identity card and any other person authorised in writing by the Minister to exercise the powers bestowed by this section who produces such authority may demand - (a) from the owner of any motor vehicle or trailer the registration document and the current licence ibr the vehicle or trailer in force at the date of the demand, and in the case of a public service vehicle the road service licence authorising the use of that vehicle at that time and place; (b) from any person driving a motor vehicle on a road the person's driving licence, or provisional driving licence and, in the case of the latter, the driving licence of the person supervising the driving in terms of proviso (i) to subsection (2) of the section sixty-one. Registration document and licences to be produced to etc,, on demand Road Traflc [No. 11 of 2002 233 ~ u t y to give information (2) Any person who fails to produce on demand any document referred to in subsection (1) commits an offence unless within fourteen days thereafter or within such greater period as a road traffic inspector in uniform or police officer or person authorised in writing may specify, that person produces or otherwise furnishes the document at such police station as may have been specified by the officer or inspector. (3) In the case of a motor vehicle or trailer thatis subject to Part IX, a road traffic inspector may exercise all the powers bestowed upon a police officer by this section.

215. (1) Where any police officer has reason to believe that an offence in connection with the vehicle has been committed, that officer or any other police officer may require the owner of the vehicle to give all information in that person's possession as to the name, address, description and whereabouts- (a) of the person driving and the occupants of the vehicle at the time of the time of the alleged offence; or (b) if no person was driving at the time of the alleged offence, of the last person who drove the vehicle before the alleged offence. (2) Any person who fails to give information referred to in subsection (1) commits an offence, unless that person shows to the satisfaction of the court that the person did not have the information and could not with reasonable diligence have obtained it. (3) A police officer may require any other person to give the information referred to in subsection (I), or any other information which it is in that person's power to give and which may lead to the identification of any of the persons referred in paragraph (a), or (b) of sub section (1) and, if the person fails to do so, that person commits an offence. (4) In the case of motor vehicles that are subject to Part IX, a road traffic inspector may exercise all the powers bestowed upon a police officer by this section. Penalty for

216. (1) If any person in or in connection with an application for a vehicle licence or the registration of a motor vehicle or a hailer or a k$5k$ti driving or other licence or the endorsement of such a licence or any change or correction in a licence or in the registration of a motor vehicle or trailer or in giving any information required under this Act or any regulation made under the Act, makes any statement which to that person's knowledge is false, or any material respect misleading, that person commits an offence and, is liable, upon conviction, in the case of first offence, to a fine not exceeding ten thousand penalty units ! 1 234 No. 11 of 20021 Road Trafic Unlawful imitation etc., of documents Verification of facts in applications Condition for release of impounded vehicleor trailer No liability for irnpound- rnent and, in the case of a second or subsequent offence, to a fine not exceeding fifteen thousand units. (2) Any licence, registration document or other authority acquired as a result of the false statement referred to in subsection (1) shall be void.

217. Whoever without lawful cause or excuse imitates, alters, mutilates, destroys or uses, or without lawful course or excuse sells, supplies, lends or allows to be used by any person any registration mark, vehicle licence, registration document, driving licence or any other licence issued or deemed to have been issued under this Act commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both.

218. Where an application is made for anything to be done under this Act the director may require- (a) any facts stated in the application to be verified; and (b) any other necessary information to be given; to the Director's satisfaction.

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

221. Unless otherwise expressly provided by this Act if- (a) on any road any motor vehicle or trailer is used which does not comply with or contravenes any provision of this Act or of any regulations or order made under it; (b) any motor vehicle or trailer is used in such a state or condition or in such a manner as to contravene any provision of this Act or of any regulation or order made under it; or (c) anything is done or omitted in connection with a motor vehicle or trailer in contravention of any of the provisions of this Act or any regulation or order made under it; Unless otherwise expressly provided by this Act- (i) the driver of the motor vehicle or trailer at the time of the offence commits an offence unless the offence was not due to any act, omission, neglect, or default on the driver's part; and (ii) the owner of the motor vehicle or trailer commits an offence, if present at the time of the offence, or if absent, unless the offence was committed without their consept of the owner and was not due to any act or omission on the owner's part, and the owner had taken all reasonable precautions to prevent an offence.

222. (1) No person shall operate a vehicle on a public road if the Vehicle vehicle causes any excessive noise either directly or indirectly as a z:~z~fve result of- no~se (a) any defect in the vehicle, including a defect in design or construction, lack of repair to or faulty adjustment of the vehicle; (b) the faulty packing or adjustment of the load of the vehicle; ( c ) the use of a device, or bell or any fitting which produces excessive noise: Provided that this paragraph shall not apply to vehicles referred to in subsection (3) of section one hundred and fifty-three; or (d) any wilful act or omission by such person. (2) In any prosecution under subsection (1) it shall be a defence if the person proves to the satisfaction of the court that the noise in respect of which that person is charged was due to some temporary or 236 No. 11 of 20021 Road Trafic Use of hooter accidental cause and could not have been prevented by the exercise of due diligence and care on that person's part.

223. (1) No person shall, on a public road, use the sounding device or hooter of a vehicle except when such use is necessary in order to comply with the provisions of this Act or on the grounds of safety. (2) A person who contravenes the provisions of this section commits an offence and shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units. Riding of pedal cycles

224. (1) No person shall ride a pedal cycle on a public road unless that person is seated astride on the saddle of the pedal cycle. (2) Persons riding pedal cycles on a public road shall ride in single file except in the course of overtaking another pedal cycle and two or more persons riding pedal cycles shall not overtake another vehicle at the same time. (3) No person riding or seated on a pedal cycle on a public road shall take hold of any other vehicle in motion. (4) No person riding pedal cycle on a public road shall deliberately cause such pedal cycle to swerve from side to side. ( 5 ) No person riding a pedal cycle on public road shall cany on it any person, animal or object which obstructs that person's view or which prevents that person from exercising complete control over the movements of the pedal cycle. (6) A person riding a pedal cycle on a public road shall do so with at least one hand on the handle-bars of such pedal cycle. (7) Whenever a portion of a public road has been set aside for use by persons riding pedal cycles, no person shall ride a pedal cycle on any other portion of such road. (8) A person riding a pedal cycle on a public road or a portion of public road set aside for use by persons riding pedal cycles shall do so in such manner that all the wheels of such pedal cycle are in contact with the surface of the road at all times.

225. Any person who commits an offence under this Act for which no penalty is provided shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding one thousand penalty units or to imprisonment for a tenn not exceeding three months and, in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty unit or to imprisonment for a term not exceeding six months, or to both. General penalty Road Trafic [No. 11 of 2002 237 PART XI1

226. (1) The Agency shall appoint such licensing officers as may be necessary for the due carrying out of the provisions of this Act and of the regulations made under it. Licensing officers, etc. (2) Each licensing oflicer appointed under subsection (1) shall be under the direction of the director and shall perform such duties as may be specified in the licensing officer's appointment. (3) All licences and registration documents issued under this Act shall be issued by licensing officers on behalf of the Agency. (4) The Agency shall appoint such driving examiners, vehicle examiners and road traffic inspectors as may be necessary for the performance, by the Agency, of its functions under this Act.

227. On the appointed date; reference in any written law or any other legal document to the Road trafic Commissioner shall be read and construed as references to the Director appointed under section jive of this Act.

228. Notwithstanding anything contained in any other law, no person shall, except with the consent of the Minister, levy any charge for or in connection with parking on any public street as defined in the Local Government Act.

229. (1) In any proceedings for an offence against this Act, a certificate in the prescribed form purporting to be signed by a road br&c inspector or by a police officer of or above the rank of Inspector and certifying that a person specified in the certificate stated to the road traffic inspector or to the police officer- (a) that a particular motor vehicle was being driven by, or belonged to, that person on a particular occasion; (b) that a particular motor vehicle belonged on a particular occasion to a firm in which that person stated that the person was at the time of the statement a partner; or (c) that a particular motor f ehicle belonged on a particular occasion to a corporation of which that person stated that the person was at the time of the statement a director, officer or employee; shall be admissible as evidence for the purposes of determining by whom the vehicle was being driven, or to whom it belonged, as the case may be, on that occasion. References to Commis- s~oner Control of parlung charges on roads Cap. 28 1 Adrnissibil- ~ t y as evidence of certificates relating to ownership of driver of motor vehicle 238 No. 11 of 20021 Road T r a . c (2) Nothing in this section shall be deemed to make a certificate admissible as evidence in proceedings for any offence- (a) unless ?copy of the certificate has not less than seven days before the hearing or trial been served on the person charged with the offence; or (b) if that person, not later than three days before hearing or trial, or within such further time as the court may in special circumstances allow, serves notice on the prosecutor requiring the attendance at the trial of the person who signed the certificate. Doubt classificat~on of vehicles ,particular

230. In case any doubt shall arise as to the use to which any vehicle is put or whether any vehicle or class or type of vehicle falls within any class or type of vehicle defined by this Act, the matter shall be referred to the Director, who shall determine within what particular class or type of vehicle defined by this Act the vehicle falls. Highway /

231. (1) The Highway Code issued under section two hundred Code . and$j2pseven of the Roads and Road Traffic Act shall notwithstanding the repeal of Part XIV of that Act, continue to have effect as if issued under this Act, subject to revision in accordance with the provisions of this section. AS&. 37 of 1958 (2) Subject to the provisions of this section the Minister may revise the Highway Code by revoking, varying, amending or adding to the provisions of the Code in such manner as the Minister thinks fit. (3) Where the Minister proposes to revise the Highway Code by malung alterations in the provisions of the Code the Minister shall, as soon as possible, lay the proposed alterations before the National Assembly, and the Highway Code or its revision, as the case may be shall not be issued until the said Code or proposed alterations or revision have been approved by the National Assembly. (4) Before revising the Highway Code by making any alteration in its provisions which are required by subsection (3) to be laid before the National Assembly, the Minister shall consult theAgency a ~ d such other representative organisations as the Minister thinks tit. (5) The Minister shall cause the Highway Code and every revised edition thereof to be printed and issued to the public at such price as may be prescribed. (6) A failure on the part of any person to observe any provisions of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal and including proceedings for Road Traffic [No. 11 of 2002 239 Irnplementa- tion of international treaties Power of Minister to rn&e regu1ations an offence under this Act) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.

232. Notwithstanding any other provision of this Act, the Minister may on the advice of the Agency, by statutory instrument- (a) regulate the cross-border carriage of goods, cross-border road transport services, vehicle safety and equipment, vehicle dimensions and vehicle combinations, the conveyance of abnormal, awkward and hazardous substance loads and such other matter as the Minister may consider necessary and may incorporate the requirements of the SADC Protocol on Transport, Communications and Meteorology; (b) provide for the implementation of Protocols on transit trade transit and facilities and on the Third Party Motor Vehicle Insurance Scheme adopted by the Member States Of COMESA; and (c) provide for the implementation of any agreement relating to road transport to which Zambia is a party.

233. (1) The Minister may on the advise of the Agency, by statutory instrument, make regulations in relation to any matter contemplated, required or permitted to be prescribed in terms of this Act, and the power to make regulations conferred by this Act shall be published in the Gazette at least thirty days before the date upon which they shall come into effect. (2) In particular, and without derogating from the generality of the foregoing, the regulations referred to in subsection (1) may be made- (a) prescribing the fees payable for licences and for the various appeals, documents and services in the Second Schedule; (b) prescribing the circumstances under which fees paid may be refunded either wholly or in part; (c) prescribing the allocation of taxes and fees paid, and the rendering of accounts for such taxes and fees; (d) prescribing the form of vehicle and motor vehicle licences, driving licences and their renewals and all other licences, registration documents, certificate of all kinds, the conditions attaching to them and the conditions precedent 240 No. 11 of 20021 Road Traffic to their issue and, where applicable, the periods of their validity, and the manner of displaying the certificates and licences; and regulating the issue of duplicales of licences, registration documents, certificates and other documents specified in this Act; (e) prescribing measures to prevent a person holding illegally more than one licence, registration documents or certificate, and to facilitate the identification of the holders of the same; Cf) regulating the particulars that are to be marked on vehicles, motor vehicle or trailer and the manner in which they are to be displayed or affixed, and prohibiting the display of any registration or distinguishing mark other than that of the country in which such motor vehicle or trailer is regstered and licensed: Provided that the Minister may delegate to theDirector the power to prescribe the letters which shall be used as registration marks on motor vehicles and trailers; (g) providing for the safety of traffic on a public road, including the restriction of the use of any road or part thereof by traffic and the duties of the users of any road; regulating traffic on any road or portion or on any ford, bridge, pontoon or culvert; (h) prescribing the rules of the road, the signals to be given by the drivers of vehicles, and the signals and traffic signs to be observed by such drivers and by pedestrians and for the establishment of crossings on roads for pedestrians; (i) prescribing the maximum speeds permitted for different classes of vehicles in or on different areas and roads or parts of such areas and roads; (j) prohibiting the leaving of vehicles at rest in dangerous positions and the abandoning of vehicles and providing for their removal from roads and road reserves and for the recovely of expenses in this regard; (k) providing for the detention of any vehicle in respect of any contravention or suspected contravention of this Act or any regulation or notice made under it, and providing for the sale of any vehicle so detained which is not claimed within a period of thirty days after the date of detention; I Road Traffic [No. 11 of 2002 241 ( I ) providing for the detention, inspection and disinfection of any vehicle passing through or out of any area in which tsetse fly exists or are suspected to exist; (m) prohibiting sound warnings on specified roads or in specifred areas or parts of such roads or areas either at all times or at specified times; (n) prescribing the construction and equipment of vehicles, motor vehicles and trailers and the conditions under which they may be used on roads, including the prohibition of emblems, mascots or other devices that are liable to be a source of danger to any person on the road or of distraction to the driver or to other road users; (0) prohibition nuisances caused through the emission or discharge of exhaust gas, smoke, fuel, oil, fumes, sparks or other matter from vehicles or, excessive noise caused by the functioning of a vehicle or due to the loading thereof or the use of any accessories or appliances fitted thereto; and prescribing the maximum allowable noise level and method of determining the level of noise caused by a vehicle; (p) regulating the transportation of dangerous goods specified or described in the regulations, their classification, the conditions and requirements to be complied with in the transportation of the goods, and the powers and duties of road traffic inspectors in respect of the transportation of dangerous goods; (q) regulating the towing, pushing or drawing of any vehicle by another vehicle; (r) providing for the operation and control of vehicles on public roads, their construction, equipment, width or tracks, dimensions, weight and use in respect of either chassis and body or chassis, body and load and the conditions on which they may be used. (s) prescribing the width, height, length and other dimensions of vehicles, motor vehicles and trailers, or trains of such and of the loads carried thereby; 242 No. 11 of 20021 Road Trafic (t) providing for the identification of vehicles and, in relation to a motor vehicle, the size, shape, colour and character of the registration mark or number to be displayed thereon and the means to be applied to render the mark or number easily distinguishable; (u) prescribing the width, height and length of any vehicle and the diameter of the wheels and the width, nature and condition of the tyres thereof; (v) prescribing the gross weight of vehicle, motor vehicles and trailers and the maximum weight to be transmitted to the road or any specified area therzof by a vehicle, motor vehicle or trailer of any class or description or by any part or parts of the vehicle or trailer in contact with the road, and prescribing the methods by which the weights shall be determined, and the conditions under which they may be required to be tested; (w) prescribing the number of trailers which may be drawn by a vehicle and the towing of one vehicle by another, and prohibition the operation of any vehicle which is being used to trailers if the combined length of vehicle and trailers exceeds a prescribed limit; / ( x ) prescribing the number of persons who may be carried on vehicles or trailers for the purpose of controlling or attending to them; and prohibiting the carriage of persons on vehicles constructed or designed primarily for the carriage of goods; (y) regulating the number and kinds of lamps and reflectors that are to be carried on vehicles, motor vehicles, trailers and f m implements, prescribing how and when the same shall or shall not be used, prohibiting the use of any lamp or lighting device as may be specified, and prohibiting the sale or letting on hire of bicycles which do not comply with any regulations which may be made regulating the carrying on bicycles of lights, reflectors, reflective clothing and wearing helmets and canying other devices to make cyclists conspicuous at night; (z) regulating and prescribing the number and type of brakes, the affixing of efficient brakes and ensuring that brakes, Road Traffic [No. 11 of 2002 243 steering gear and other parts of a vehicle are maintained in proper working order; (aa) prohibiting the use of any cut-out, fitting or other apparatus or device rendering it possible to open the exhaust of a motor vehicle; providing for efficient silencers, to minirnise noise; prohibiting the unnecessary issue of smoke of fumes, and the unnecessary discharge of fuel, oil, or lubricants; prohibiting nuisances caused by the working of motor vehicles, and prohibiting the use on roads or motor vehicles or trailers which cause excessive noise due to defect, lack of repair, or faulty adjustment or faulty packing of loads on such vehicles or trailers; (bb) regulating the loading of vehicles, motor vehicles and trailers, and the securing of loads so that danger is not caused or is likely to be caused, by reason of the load or part of it falling, or being liable to fall, from the vehicle or trailer; (cc) prohibiting the use on roads of any motor vehicle which is so constructed or loaded that manual signals given by the driver cannot be readily seen from the rear of such vehicle by a person in line with the offside unless it is fitted with an apparatus to enable the driver efficiently to signal the intention of the driver to stop or change direction; (dd) prescribing the methods to be used and appliances to be fitted for signalling the approach of a motor vehicle, for enabling the driver of a motor vehicle to become aware of the approach of another motor vehicle from the rear, for intimating the intended movement of a motor vehicle and for securing that such appliances shall be efficient and kept in proper working order; (ee) providing for the examination on the road or elsewhere, of motor vehicles, either generally or of such classes as may be specified, for the exemption of specified vehicles or classes of vehicle from the need to be examined and for the notification of the result of examinations; (ff) prescribing those vehicles or motor vehicles that may be exempted from the need to be registered or licensed and under what conditions, and the conditions on which motor vehicles registered and licensed in any specified country 244 No. 11 of 20021 Road Traffic outside Zambia may be used within Zambia without being registered or licensed therein or without holding a certificate of fitness; prescribing the driving licenses or permits issued outside Zambia or the military driving licences, or the equivalents of such licences, or permits, that may be deemed to have effect within Zambia as if issued under sectionfifty nine or section sixty-one; (gg) prescribing the procedure to be adopted and the conditions to be observed in connection with the issue of international certificates for motor vehicles and international driving pennits and in connection with the use of such certificates and permits issued elsewhere than in Zambia; (hh) exempting, or empowering prescribed officers to exempt vehicles, motor vehicles and trailers from compliance with the requirement of this Act and of the regulations with regard to constructions and equipment; (ii) prescribing the circumstances in which public service vehicles or any classes thereof shall be exempt from compliance with all or any of the provisions of Part VIII, and under what conditions; OJ) prescribing the construction and equipment for public service vehicles, the method to be adopted to determine the maximum load and the number of passengers that they may carry; prescribing for the safe custody and redelivery or disposal of any property and fixing the charges to be made in respect of thereof; prescribing the circumstances in which and the conditions upon which public service vehicles may be substituted for authorised breakdown or unforeseeable emergency and prescribing the circumstances in which public service vehicle may be temporarily suspended; (kk) prescribing the hours and conditions of service of the drivers of classes of motor vehicles as may be specified, regulating the licensing and conduct of drivers of public service vehicles and of conductors in omnibus, and prescribing the badges to be worn by the drivers and conductors, and regulating the conduct of passengers in passenger-carrying public service vehicles; (11) prescribing the records that are to be kept and the returns that are to be made by persons holding or applying for licences issued under Part VIII of subject to Part IX; Road Traffic [No. 11 of 2002 245 (mm) prescribing the manner in which applications for road service licences, and the grant, revocation or suspension of the licences or the variation of their conditions, are to be published, including period of driving experience for eligibility to obtain public service vehicle licences; (nn) prescribing the means of identifying public service vehicles authorised to be used under road service licences, the period of validity of the means of identification, the particulars that they are to contain, the manner of their display, the fees to be charged for such means of identification and their custody, production, return, and cancellation on expiration, suspension or revocation; (00) prescribing the classes of motor vehicles for which driving licences and provisional driving licences may be valid; (pp) providing for the confiscation of bicycles and for the custody of such bicycles during the period of confiscation; (qq) providing for the licensing, control and inspection of driving schools and of instructors; (rr) prescribing penalties for the breach of any regulation, provided that no such penalty shall exceed a fine of one thousand penalty units or imprisonment for a period of three months; (ss) providing for the form, manner and procedure of appeal authorised under this Act; (tt) prescribing the exclusion of certain specified vehicles from the definition of "motor vehicle" as contained in section two (uu) providing for the amendment of driving licences where the name or address of the holder has been changed and for the keeping of records and registers of driving licences issued, renewed or extended by endorsement; (vv) providing for the production of prescribed documents and of vehicles to driving examiners for the purpose of driving tests, and the procedure to be followed before, during and after such tests and the examiners who may conduct the tests; (ww) prescribing requirements for award of a licence for operating a passenger motor vehicle service, including requirements for validity of motor vehicle insurance, and certificate of road-worthiness for passenger motor vehicle; or 246 No. 11 of 20021 Road Traffic (xx) prescribing req~lirements for health and competence certificates for drivers of passenger motor vehicles; (yy) prescribing any form, process or token which the Minister may, in consultation with the Agency, prescribe for the purposes of this Act and the information to be furnished for the purpose of any such form, process or token; and (zz) prescribing matters necessary or convenient for the better carrying out or giving effect to this Act. (3) The regulations made under this section shall apply to government vehicles.

234. (1) Parts V to XIV of the Road and Road Traffic Act and the First Schedule, Second Schedule and the Third Schedule to that Act are hereby repealed. (2) Notwithstanding subsection (l), any subsidiary legislation ma+ ' under that Act in force immediately before the'appointed date- (a) shall remain in force unless inconsistent with this Act and be deemed to be subsidiary legislation under this Act; and (b) may be replaced, amended or repealed by subsidiary legislation made under this Act. (3) Any order, notice or direction made or given under the Roads and Road Traffic Act and in force, immediately before the appointed date, shall, unless contrary to this Act, or revoked continue in force, as if made or given under this Act. (4) The Fifth Schedule shall have effect with regard to transitional provisions in relation to the Road Traffic Commission and the National Road Safety Council.

235. The National Roads Safety Council Act shall stand repealed on the appointed date. FIRST SCHEDULE (Section 3) PART 1 ADMINISTRATTON OF AGENCY

1. (1) The seal of this Agency shall be such device as may be determined by the Agency and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Agency. Repeal of Parts V to XIV of the Roads and RoadTrafEc Act, Cap. 464 and trans,$onal proviaons Act No. 37 of 1958 Repeal of Cap 47 1, Act No. 35 of 1995 Seal of Agency Road Traffic [No. 11 of 2002 247 (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Secretary or any other person generally or specifically authorised by the Agency in that behalf. (4) Any document purporting to be a document under this seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

2. (1) Subject to the other provisions of this Act, a member of Tenureof the Agency shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment for one further term of three years: Provide that the first members shall be appointed for periods ranging from two to three years in order to facilitate retirement by rotation. (2) A member, other than an ex-oficio member, may resign upon giving one month's notice, in writing, to the organisation which nominated the member and to the Minister. (3) The office of the member shall become vacant- (a) upon the member's death; (b) if the member is absent without reasonable excuse from the three consecutive meetings of the Agency of which the member has had notice; (c) on ceasing to be a representative of the organisation which nominated the member; (d) if the member becomes mentally or physically incapable of performing the duties of a member of the Agency; (e) if the member is declared bankrupt; If) if the member is convicted of an offence involving fraud or dishonesty; or (g) if the member is convicted of an offence against any other written law and sentenced to a term of imprisonment of not less than six months without the option of a fine. (4) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor has been appointed but in no case shall such further period exceed four months.

3. Whenever the office of a member becomes vacant before the expiry of the term of office the Minister may appoint another member in place of the member who vacates office but such member shall hold office only fcr the unexpired part of the term. ~~~~~~d Filling of casual 248 No. 11 of 20021 Road Trafic Proceedings Of Agency

4. (1) Subject to the other provisions of this Act, the Agency may regulate its own procedure. (2) The Agency shall meet for the transaction of business at least once every three months at such places and times as the Chairperson may determine. (3) The Chairperson may, upon giving notice of not less than fourteen days, call a meeting of the Agency and shall call a special meeting to be held within fourteen days of receipt of a written request to the Chairperson by at least five members of the Agency. (4) If the urgency of any particular matter does not permit the giving of such notice as is required under subparagraph (3), a special meeting may be called by the Chairperson, upon giving a shorter notice. ( 5 ) Six members, other than ex-ofSicio members, shall form a quorum at any meeting of the Agency. (6) There shall preside at any meeting of the Agency- (a) the chairperson; (b) in the absence of the Chairperson the Vice- Chairperson, in the absence of the Chairperson and the Vice-Chairperson such member as the members present may elect for the purpose of that meeting. (7) A decision of the Agency on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. (8) The Agency may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Agency but such person shall have no vote. (9) The validity of any proceedings, act or decisions of the Agency shall not be affected by any vacancy in the membership of the Agency or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

5. (1) The Agency may, for the purpose of performing its functions under this Act, constitute any committees as it considers necessary and may delegate to any such committee such of its functions as it considers fit. (2) The Agency may appoint as members of a committee, persons who are,or are not, members of the Agency, except that at least one member of a committee shall be a member of the Agency. Committees of Agency Road Trafic [No. 11 of 2002 249 (3) A person serving as a member of the committee shall hold office for such period as the Agency may determine. (4) Subject to any specific or general direction of the Agency, a committee may regulate its p d u r e .

6. The Members of the Agency or any committee shall be paid Allowances of members such allowances as the Agency may, with the approval of the Minister, determine.

7. (1) If a member or person is present at a meeting of the Agency Disclosure of interest or any committee of the Agency at which any matter is the subject of consideration and in which matter the member or person or the member or person's is directiy or indirectly interested in a private capacity, the member or person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Agency or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. (2) A declaration of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

8. (1) Aperson shall not, without the consent in writing given by, Prohibition or on behalf of, the Agency, publish or disclose to any person otherwise publication than in the course of duties, the contents of any documents. communication, or information which relates to, and which has come to that person's knowledge in the course of that persons duties under this Act. ;:~osureof information to unauthorised petsons of (2) Any person who knowingly contravenes the provisions of subsection (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both. PART I1

1. ( I ) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Agency by virtue of this Act and ~ ~ ~ f i (a) the affairs of the Road Traffic Commission; and (b) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Road Traffk Commission. (2) Except as provided in this Act, every deed, bond and agreement (other than an agreement for personal service) to which theGovernment was a party immediately before the commencement of this Act in respect of the Road Traffic Commission, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations there under could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effects as from the date of assignment thereof, as if- (a) the Agency had been a party thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Agency; and (c) for any reference to any officer of the Road Traffic Commission not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after commencement of N.A.B. 15,2002 Road TrafSic [No. 11 of 2002 257 this Act, or reference to such officer of the Agency as the Agency shall designate. (3) Subject to the provisions of subsection (2), documents other than those referred to therein, which refer specifically or generally to the Road Traffic Commission shall be construed in accordance with subsection (2) as far as applicable.

2. (1) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Government through the Road Trmc Commission are deemed transferred to the Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate authority for registration of the transfer. (2) The registration authority referred to in sub-paragraph (1) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue the transferee concerned with a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.

3. (1) Without prejudice to the other provisions of this Act, where any right, liability or obligations vests in the Agency by virtue of this, the Agency and all other persons shall, as from the appointed date of this Act, have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining or perfecting that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Agency. (2) Any legal proceedings or application of any authority pending immediately before the appointed date by or against the Government in respect of the Road Traffic Commission may be continued by or against the Agency. (3) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the Road Traflic Commission may be instituted by or against the Agency.

4. (1) On or after the appointed date, the Agency shall on such terms and conditions as it may, with the approval of the Minister, determine appoint as officers of the Agency such public officers from the Public Service as may be necessary for the performance of the functions of the Agency (2) Where an officer from the Public Service is appointed to the service of the Agency- Registration of property to be transferred by Govem- ment Legal proceedings Terms of service of ston 258 No. 11 of 20021 Road Trafic Act No. 35 of 1996 Act No. 35 of 1996 Vesting of assets of the Council (a) the terms and conditions of sekice with the Agency shall not be less favu~rable than those the officer enjoyed in the Public Service; and ( b ) the officer shall be deemed to have retired under section thirty-nine of the Public Service Pensions Act. (3) On or after the appointed date employees of the Commission who are not engaged by the Agency under subsection (2) shall be retained by the Government and shall- ( a ) be redeployed in the service of the Government; or (b) be retired under section thirty-nine of the Public Service Pensions Act. PART II. TRANSITIONAL PROV~S~ONS IN RELATION TO THE NATIONAL ROAD SAFETY CouNcIL

9. (1) The funds of the Agency shall consist of such moneys as Fundsof Agency may- (a) be appropriated to the Agency by Parliament through the Road Fund; (6) be allocated to the Agency from the Road Fund; 250 No. 11 of 20021 Road TrafJic (c) be paid to the Agency by way of grants or donations through the Road Fund; and (d) vest in or accrue to the Agency. (2) There shall be paid from the Funds of the Agency- (a) Salaries, allowances, loans, gratuities and pensions of staff of the Agency and other payments for the recruitment and retention of staff; (b) Such reasonable travelling and subsistence allowances for members and members of any committee of the Agency when engaged on the business of the Agency and at such rates as the Agency with the approval of the Minister, may determine; and (c) any other expenses incurred by the Agency in the performance of its functions based on apercentage of the annual work plan. Financial Year Accounts

10. The financial year of the Agency shall be the period of twelve months ending on 3 1" December of each year.

11. (1) TheAgericy shall cause to be kept proper books of account and other records relating to its accounts. Annual report (2) The accounts of the Agency shall be audited annually by independent audtitors appointed by the Agency. (3) The auditors' fees shall be paid by the Agency.

12. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Agency shall submit to the Minister a report concerning its activities during the financial year. (2) The report referred to in subsection (1) shall include information on the financial affairs of the Agency and there shall be appended to the report- (a) an audited balanced sheet; (b) an audited statement of the income and expenditure; and (c) such other information as the Minister may require. (3) The Minister shall not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-paragraph (I), lay the report before the National Assembly. ! Road TrafSic [No. 11 of 2002 251 SECOND SCHEDULE Section 42 I. Motor vehicles owned by the government

4. For every public service vehicle (except a contract car, hire ear, taxi cab or trailer) if the manufacturers permitted gross weight- Fee units Nil 10 50 200 300 400 500 600 700 800 lo00 400 500 600 700 800 lo00 (a) does not exceed 2 tonnes (b) exceeds 2 tonnes but does not exceed 5 tonnes (c) exceeds 5 tonnes but does not exceed 8 tonnes (d) exceeds 8 tonnes but does not exceed 11 tonnes (e) exceeds 1 1 tonnes but does not exceed 14 tonnes (f) exceeds 14 tonnes but does not exceed 17 tonnes (g) exceeds 17 tonnes but does not exceed 20 tonnes (h) exceeds 20 tonnes

5. For every contract car, hire car or taxicab, if the weight- (a) does not exceed 800 kg (b) exceeds 800 kg but does not exceed 1000 kg (c) exceeds 1000 kg but does not exceed 1200 kg (d) exceeds 1200 kg but does not exceed 1.200 kg (e) exceeds 1400 kg but does not exceed 1600 kg Cfl exceeds 1600 kg

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

7. For every motor vehicle (except farm tractor) if the net weight- (a) does not exceed 800kg (b) exceeds 800kg but does not exceed 1200kg (c) exceeds 1200 kg but does not exceed 2000kg (d) exceeds 2000kg but does not exceed 4000kg (e) exceeds 4000kg but does not exceed 6500kg (f) exceeds 6500kg but does not exceed 9000kg (g) exceeds 9000kg

8. For every trailer, if the manufacturers permitted gross weight (a) does not exceed 2 tonnes (b) exceeds 2 tonnes but does not exceed 4 tonnes (c) exceeds 4 tonnes but does not exceed 6 tonnes (d) exceeds 6 tonnes but does not exceed 9 tonnes (e) exceeds 9 tonnes but does nc t exceed 12 tonnes (f) exceeds 12 tonnes but does not exceed 15 tonnes (g) exceeds 15

10. For each identification number included in a motor dealer's vehicle licence

12. For every farm tractor used on a road otherwise than in accordance with a farm vehicle licence 200 250 300 350 400 450 500 200 300 400 500 600 700 800 lo00 600 100 250 Where any licence is issued in respect of the period 1"July to 31' December, half the above mentioned taxes shall be payable THIRD SCHEDULE (Section 75) CANCELLATION, SUSPENSION AND ENEORSF.hEhT OFDIUWNG ~ c E N C F S Schedule showing where it is obligatory, and where it is permissible to- (a) cancel a driving licence and disqualify the holder from obtaining another for a stated period- section 75 (1) (a); or (b) suspend adriving licence for a stated-section 75 (1) (a); or (c) endorse adriving licence -section 75 (I) (b) NOTE 1 -The cancellation or the suspension of a driving licence must be endorsed on that licence First, Second, subsequent 'fence . Cancellation with disqualification Suspemion Endorsement Remarks Obligatory Permissible Obligatory Permissible Obligatory Permissible First Second or subsequent First Second or subsequent First Second or subsequent First Second or subsequent No No No No No No Yes No No No No No No No No No No No No No No No No No No Yes No Yes No No No No No Yes* No Yes* No No Yes No Yes Yes Yes Yes Yes Yes No Yes *If licence is suspended, vide Note 1 above *If licence is suspended, vide Note 1 above Section Ofences 23 No test certificate 30 57 61 (3) No motor vehicle or trailer licence Driving with no driving licence. Passenger in public service vehicle with learner driving - driver, and supervisor Section Offences 82 86 Fraudulent application for driving licence, or driving when disqualified or while licence suspended. Vehicle uninsured 118 (1) (2) Public service vehicle driver drinking or drunk First, second, subsequent offence First or subsequent First or subsequent First or subsequent 132 Using vehicle without certificate of fitness,or when use is prohibited Fist Second or subsequent 148 Exceeding speed limit 154 Careless driving 155 Reckless or dangerous . driving Second, Third or Subsequent First Second or subsequent First or Subsequent THIRD SCHEDULE continued Cancellation with disqualificarion Suspension Endorsement Remarks Obligarory Permissible Obligatory Permissible Obligatory Permissible Yes* No No No Yes No No No No NO No NO No No No No No No No No No No No No No No No No No No No Yes Yes No Yes No Yes No Yes Yes* Yes* No Yes* No Yes* No Yes* No No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes *To take effect from expiry of current period of disqualifica- tion - where applicable *If licence is suspended, vide Note 1 above *If licence is suspended, vide Note 1 above *If licence is suspended, vide Note 1 above *If licence is suspended, vide Note 1 above *If licence is suspended, vide Note 1 above *If licence Note 1 above is suspended, vide THIRD SCHEDULE - continued Section Ofences First, Second, subsequent offence Cancellation with disqudij?cation ' Suspension Endorsement Remarkr Obligatory Permissible Obligatory Permissible Obligatory Permissible *If licence is suspended, vide Note 1 above *If licence is suspended, vide Note 1 above 156 157 161 163 210 211 206 Intoxicated when in charge of motor vehicle Intoxicated when driving Causing death by reckless or dangerous driving Driving motor vehicle or trailer in dangerour condtion F i s t Second or subsequent First or Subsequent First or Subsequent First or Subsequent Failure to stop or render assistance First or Subsequent Failure to stop in case of accident First or Subsequent Carrying passengers or goods without authority ofowner or hire First or Subsequent No N, No NO No No No No No Yes Yes No No Yes Yes No No Yes Yes Yes Yes No Yes No No No No No NO Yes* Yes Yes Yes Yes No No No Yes Yes Yes No No No Yes No Yes Yes No 256 No. 11 of 20021 Road Trafic FOURTH SCHEDULE (Section 67) DRIVING LICENCE PRESCRIBED FEE UNITS 60 FIFTH SCHEDULE (Section 234) SAVKGS AND TRANSITIONAL PROV~S~ONS PART 1 Vesting of assets of the ~~~d ~ C~mnission without further assurance-

5. (1) On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Agency by virtue of this Act without further assurance- (a) the affairs of the National Road Safety Council; and (b) subject to this Act, all property, rights and obligations which immediately before the appointed date where the property, rights and obligations of the National Road Safety Council. (2) Except as provided in this Act, every deed, bond and agreement (other than an agreement for personal service) to which the Council was a party immediately before the commencement of this Act, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations there under could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof, as if- (a) the Agency had been a party thereto; ( b ) for any reference to the Council there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Agency; and ( c ) for any reference to the officer of the Council not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after commencement of this Act, areference to such officer of the Agency as the Agency shall designate. , Road TrafSic [No. 11 of 2002 259 (3) Subject to the provisions of subsection (2), documents, other than those referred to therein, which refer specifically or generally to the Council shall be construed in accordance with subparagraph (2) as far as applicable.

6. (1) Whenever in pursuance of this Act, any property, rights, Registration liabilities and obligations of the Council are deemed transferred to the p,'[rFq Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate authority for registration of the transfer. transferred by Council (2) The registration authority referred to in the subparagraph (1) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue the transferee concerned with a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect of thereof.

7. (1) Without prejudice to the other provisions of this Act, where Legal proceedings any right, liability or obligation vest in the Agency by virtue of this Act, the Agency and all other persons shall, as from the appointed date, have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting that right, liability or obligation as they would have and if it had at all times been a right, liability or obligation of the Agency. (2) Any legal proceedings or application of any authority pending immediately before the appointed date by or against the Council may be continued by or against the Agency. (3) After the appointed date, proceedings in respect of any right, liability or obligations which was vested in, held, enjoyed, incurred or suffered by the Council may be instituted by or against the Agency.

8. (1) On or after the appointed date, the Agency shall, on such Terms of terms and conditions as it may, with the approval of the Minister, ~ $ g ~ : : ~ determine appoint as officers of the Agency such officers of the Council Council as may be necessary for the performance of the functions of the Agency. (2) Where an officer of the Council is appointed to the service of of the Agency- (a) the terms and the conditions of service with the Agency shall not be less favourable than those the officer enjoyed in the service of the Council; and (b) the officer shall be deemed to have retired under the terms and conditions of service of the Council. 260 No. 11 of 20021 Road Trafic (3) On or after the appointed date employees of the Council who are not engaged by the Agency under subsection (2) shall be retained by the Government and shall- (a) be redeployed in the service of the Government; or (b) be retired under section thirty-nine of the Public Service Pensions Act. Act No. 35 of 1996