Road Traffic Act – Republic of Mauritius

5(1)

(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.

5(2)

(2) An application for the registration of a motor vehicle or trailer shall be made by the owner in the prescribed form.

5(3)

(3) (a) The Chief Commissioner shall - [Amended 18/19 (cio 16/9/19).]

(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.

[Amended 27/12 (cio 22/12/12).]

(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 Chief Commissioner from compliance with the limits under subparagraph (i).

[Amended 18/19 (cio 16/9/19).]

5(4)

(4) (a) (i) Subject to subparagraph (ii), the Chief 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.

[Amended 18/19 (cio 16/9/19).]

(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 Chief 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.

[Amended 18/19 (cio 16/9/19).]

5(5)

(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 Chief Commissioner a registration book containing such particulars as may be prescribed.

5(6)

(6) The loss, theft or destruction of a registration book shall be immediately reported to the Chief Commissioner by the registered owner of the motor vehicle or trailer in respect of which it has been issued.

[Amended 18/19 (cio 16/9/19).]

5(7)

(7) (a) Where it appears to the satisfaction of the Chief Commissioner that - [Amended 18/19 (cio 16/9/19).]

(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 Chief Commissioner may, on payment of the prescribed fee, issue a duplicate of the book with the word "Duplicate" written on it.

[Amended 18/19 (cio 16/9/19).]

(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.

5(8)

(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 Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

5(9)

(9) Where a new licence is issued in respect of a motor vehicle or trailer under section 25, the Chief Commissioner shall amend the register and issue a new registration book.

[Amended 18/19 (cio 16/9/19).]

5(10)

(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.

6(1)

(1) (a) Subject to subsection (1A), (3) or (4), on the change of ownership of a motor vehicle or trailer - [Amended 8/24 (cio 13/9/24).]

(i) the registered owner and the new owner shall forthwith jointly inform the Chief Commissioner of the change of ownership, of the date of the change and of the name and address of the new owner;

[Amended 18/19 (cio 16/9/19); 8/24 (cio 13/9/24).]

(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 by 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 ownership, deliver the registration book and other relative documents to the Chief Commissioner who shall, subject to subsection (5), register him as the owner of the motor vehicle or trailer.

[Amended 18/19 (cio 16/9/19).]

(b) Where a person is, under section 7, entered in the register kept by the Chief 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.

[Amended 18/19 (cio 16/9/19).]

6(1A)

(1A) Where there is a change of ownership of a motor vehicle or trailer between 2 individuals or between such category of persons as may be prescribed, the registered owner and the new owner shall, for the purpose of section 9(8), forthwith jointly inform the Registrar-General of the change of ownership, of the date of the change and of the name and address of the new owner.

[Inserted 8/24 (cio 13/9/24).]

6(2)

(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 Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

6(3)

(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 Chief Commissioner or Registrar-General, as the case may be.

[Amended 18/19 (cio 16/9/19); 8/24 (cio 13/9/24).]

6(4)

(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 Chief Commissioner in writing of the change of ownership;

[Amended 18/19 (cio 16/9/19).]

(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 Chief Commissioner to be registered as the new owner and shall be registered unless the Chief Commissioner thinks fit to order otherwise; and

[Amended 18/19 (cio 16/9/19).]

(c) (i) where the Chief 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

[Amended 18/19 (cio 16/9/19).]

(ii) that person shall thereafter be deemed to be the registered owner and the Chief Commissioner shall accept his signature as such until the next change of ownership is effected.

[Amended 18/19 (cio 16/9/19).]

6(5)

(5) On the registration of a new owner, the Chief 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.

[Amended 18/19 (cio 16/9/19).]

6(6)

(6) Any person who contravenes subsection (1)(a)(iv) shall commit an offence and shall, on conviction, be liable -

(a) on a first conviction, to a fine of not less than 25,000 rupees and not exceeding 50,000 rupees;

(b) on a second conviction, to a fine of not less than 50,000 rupees and not exceeding 100,000 rupees;

(c) on a third or subsequent conviction, to a fine of not less than 100,000 rupees and to imprisonment for a term not exceeding 2 years.

[Added 8/24 (cio 13/9/24).]

7(1)

(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 Chief 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.

[Amended 18/19 (cio 16/9/19).]

7(2)

(2) (a) On receipt of an application under subsection (1), the Chief Commissioner shall -

[Amended 18/19 (cio 16/9/19).]

(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 21 days of the notification to him of the order, appeal to the Appeal Committee, whose decision shall be final.

[Amended 18/19 (cio 16/9/19); 1/2020 (cio 16/5/2020).]

7(3)

(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.

7(4)

(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 Chief Commissioner who shall thereupon make the necessary amendment in the register and registration book.

[Amended 18/19 (cio 16/9/19).]

(b) The Chief 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.

[Amended 18/19 (cio 16/9/19).]

(c) Any person aggrieved by an amendment under this subsection may, within 21 days of the notification to him of the amendment, appeal to the Appeal Committee, whose decision shall be final.

[Amended 18/19 (cio 16/9/19); 1/2020 (cio 16/5/2020).]

9(1)

(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 [Amended 9/15 (cio 2/7/15).]

(b) where there is no deed, by a declaration, or an electronic declaration registered in the RDDS, signed by the owner of the vehicle.

[Amended 9/15 (cio 2/7/15).]

9(2)

(2) The deed or declaration shall be drawn up on paper of A4 size and of not less than 90 grammes, and shall state -

[Amended 26/13 (cio 19/5/14).]

(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.

[Amended 9/15 (cio 2/7/15).]

9(2A)

(2A) The deed or declaration may be -

(a) prepared, concluded and saved in the RDDS; or

(b) scanned and saved in the RDDS.

[Inserted 9/15 (cio 2/7/15).]

9(2B)

(2B) Any deed or declaration submitted to the Registrar-General and registered in the RDDS shall be considered to be the original.

[Inserted 9/15 (cio 2/7/15).]

9(2C)

(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).

[Inserted 9/15 (cio 2/7/15).]

9(3)

(3) - [Repealed 26/13 (cio 19/5/14).]

9(4)

(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.

[Amended 9/15 (cio 2/7/15).]

9(5)

(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 of the deed, declaration, or electronic deed or declaration registered in the RDDS referred to in subsection (2), together with -

[Amended 26/13 (cio 19/5/14); 9/15 (cio 2/7/15).]

(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).

9(6)

(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.

9(7)

(7) Subject to subsection (8), 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.

[Amended 9/15 (cio 2/7/15); 8/24 (cio 13/9/24).]

9(8)

(8) (a) Notwithstanding article 2110 of the Code Civil Mauricien, the Registrar- General may register a deed, a declaration, an electronic deed or an electronic declaration regarding the transfer of a motor vehicle or trailer between 2 individuals or between such category of persons as may be prescribed where the Registrar-General is satisfied, upon verification of the Register, that there is no lien on the motor vehicle or trailer.

(b) In this subsection -

"Register" means the Register, whether in electronic form, required to be kept by the Chief Commissioner under article 2104 of the Code Civil Mauricien.

[Inserted 8/24 (cio 13/9/24).]

9(9)

(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.

[Amended 38/11 (cio 15/12/11); repealed and replaced 26/13 (cio 19/5/14); 9/15 (cio 2/7/15).]

9(10)

(10) The return of a duly registered electronic deed or declaration under subsection (9) shall be effected electronically through the RDDS.

[Added 9/15 (cio 2/7/15).]

9B(1)

(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 -

[Amended 26/13 (cio 19/5/14).]

(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).

9B(2)

(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.

12(1)

(1) (a) Every owner of a motor vehicle or trailer shall, at the request of the Chief 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.

[Amended 18/19 (cio 16/9/19).]

(b) Any person who fails to comply with paragraph (a) shall commit an offence.

12(2)

(2) (a) The Chief Commissioner may require -

[Amended 18/19 (cio 16/9/19).]

(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.

17(1)

(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 Chief Commissioner and surrender to him the registration book.

[Amended 18/19 (cio 16/9/19).]

17(2)

(2) The Chief 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.

[Amended 27/12 (cio 22/12/12); 18/19 (cio 16/9/19).]

17(3)

(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, give notice in writing to the Chief Commissioner, together with such particulars as the latter may require, and surrender to him the registration book relating to the vehicle.

[Amended 18/19 (cio 16/9/19).]

(b) Where the Chief 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, to any motor vehicle or trailer which he subsequently registers.

[Amended 27/12 (cio 22/12/12); 18/19 (cio 16/9/19).]

17(4)

(4) Where a motor vehicle or trailer has not, for a period of 12 consecutive months, been licensed or exempted from being licensed, the Chief Commissioner shall -

[Amended 18/19 (cio 16/9/19).]

(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.

[Amended 27/12 (cio 22/12/12).]

19(1)

(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).

19(2)

(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.

19(3)

(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.

19(4)

(4) Nothing which may be mistaken for a registration mark shall be placed on a motor vehicle.

20(1)

(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.

20(2)

(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.

20B(1)

(1) The Chief Commissioner may -

[Amended 18/19 (cio 16/9/19).]

(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.

20B(2)

(2) The Chief Commissioner may use -

[Amended 18/19 (cio 16/9/19).]

(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).

20B(3)

(3) In subsection (2) -

"relevant records" means records maintained by the Chief Commissioner in connection with any functions exercisable by him under or by virtue of this Act.

[Amended 18/19 (cio 16/9/19).]

21(1)

(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.

21(2)

(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.

21(3)

(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 5,000 rupees and not more than 20,000 rupees or to imprisonment for a term not exceeding 6 months.

[Amended 12/18 (cio 1/10/18).]

21(4)

(4) Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a prosecution under this section.

22(1)

(1) An application for the licensing of a motor vehicle or trailer shall be made in such form and manner as may be prescribed.

22(2)

(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 Chief Commissioner such evidence as may be prescribed that -

[Amended 18/19 (cio 16/9/19).]

(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.

22(3)

(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 Chief Commissioner shall not issue a licence for which application is made unless he is satisfied that -

[Amended 18/19 (cio 16/9/19).]

(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.

22(4)

(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 Chief 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.

[Amended 18/19 (cio 16/9/19).]

(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 Chief 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.

[Amended 18/19 (cio 16/9/19).]

(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.

22(5)

(5) (a) The Chief 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.

[Amended 18/19 (cio 16/9/19).]

(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 Chief Commissioner for permission to remove the vehicle.

[Amended 18/19 (cio 16/9/19).]

(ii) The Chief 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.

22(6)

(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 -

[Amended 18/19 (cio 16/9/19).]

(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.

22(7)

(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.

22(8)

(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.

22(9)

(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.

22(10)

(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, subject paragraph (aa) and subsections (10A) and (10B), 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.

[Amended 1/2020 (cio 16/5/2020); 15/21 (cio 5/8/21); 10/23 (cio 21/8/23).]

(aa) Where a licence expires on 31 March 2020, 30 April 2020, 31 May 2020 or such further date as may be prescribed, the owner or actual owner of the motor vehicle or trailer shall not be liable to a surcharge of 50 per cent on the amount of the tax prescribed for that vehicle or trailer, provided that the licence is renewed not later than 31 August 2020 or such further date as may be prescribed.

[Inserted 1/2020 (cio 16/5/2020).]

(b) No proceedings shall be instituted where a licence is issued or renewed, as the case may be, after payment of a surcharge.

22(10A)

(10A) (a) Where, on account of the COVID-19 period for the year 2021, a licence expires on 31 March 2021, 30 April 2021, 31 May 2021 or such further date as may be prescribed, the owner or actual owner of the motor vehicle or trailer shall not be liable to a surcharge of 50 per cent on the amount of the tax prescribed for that vehicle or trailer, provided that the licence is renewed not later than 31 August 2021 or such further date as may be prescribed.

[Inserted 15/21 (cio 5/8/21).]

(b) Where, on account of the COVID-19 period for any other year, a licence expires during the COVID-19 period or such further date as may be prescribed, the owner or actual owner of the motor vehicle or trailer shall not be liable to a surcharge of 50 per cent on the amount of the tax prescribed for that vehicle or trailer, provided that the licence is renewed not later than such date as may be prescribed.

[Inserted 15/21 (cio 5/8/21).]

(c) This subsection shall not apply to a vehicle or trailer registered in Rodrigues.

[Added 10/23 (cio 21/8/23).]

22(10B)

(10B) Where a licence in respect of a vehicle or trailer registered in Rodrigues has expired on 31 January 2022, 28 February 2022 or such further date as may be prescribed, the owner or actual owner of the motor vehicle or trailer shall not be liable to a surcharge of 50 per cent on the amount of the tax prescribed for that vehicle or trailer, provided that the licence was renewed not later than 31

March 2022 or such further date as may be prescribed.

[Inserted 10/23 (cio 21/8/23).]

22(11)

(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.

22A(1)

(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.

22A(2)

(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(1)

(1) Subject to this Part, every licence in respect of a motor vehicle and trailer shall be issued by the Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

23(2)

(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.

25(1)

(1) Subject to subsection (5), where -

[Amended 10/23 (cio 21/8/23).]

(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.

25(2)

(2) Where a new licence is applied for under subsection (1), it shall not be issued until the old licence has been surrendered.

25(3)

(3) The Chief Commissioner shall -

[Amended 18/19 (cio 16/9/19).]

(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.

25(4)

(4) In the case of a refund, the sum of 100 rupees shall be deducted.

25(5)

(5) Subsection (1) shall not apply to the holder of a contract bus licence who is authorised by NLTA to operate the contract bus as a shuttle bus under a short-term road service licence.

[Added 10/23 (cio 21/8/23).]

25A(1)

(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 -

25A(1)

(1) in the case of a first conviction, of not less than 3 months nor more than 6 months; and

25A(2)

(2) in the case of a second or subsequent conviction, of not less than 6 months nor more than 12 months.

25A(2)

(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 Chief Commissioner within 14 days of such order.

[Amended 18/19 (cio 16/9/19).]

(b) Where a licence has been suspended under subsection (1) -

(i) the holder of the licence shall surrender it to the Chief Commissioner;

[Amended 18/19 (cio 16/9/19).]

(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 Chief Commissioner may cause seals to be affixed to the vehicle for the period of suspension.

[Amended 18/19 (cio 16/9/19).]

25A(3)

(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.

25A(3A)

(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.

25A(3B)

(3B) Section 153 of the Criminal Procedure Act shall not apply to a person liable to be sentenced under subsection (3A).

25A(4)

(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.

27(1)

(1) Where a motor vehicle or trailer licence is -

(a) lost;

(b) defaced;

(c) mutilated; or

(d) rendered illegible, the Chief Commissioner shall issue a duplicate licence on payment of the prescribed fee.

[Amended 18/19 (cio 16/9/19).]

27(2)

(2) (a) Where a licence which has been lost is subsequently found, the holder of the duplicate shall forthwith surrender the duplicate to the Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

(b) Any person who knowingly retains, or has in his possession, an original licence and its duplicate shall commit an offence.

28(1)

(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 NLTA, for a period specified in the First Schedule.

[Amended 18/19 (cio 16/9/19).]

28(2)

(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.

28(3)

(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.

28(4)

(4) For the purpose of this section, "crop season" means such period as the Minister may prescribe.

29(1)

(1) The tax payable in respect of a licence for a motor vehicle or a trailer, including a classic or vintage motor car, shall be as specified in the First Schedule.

[Amended 10/23 (cio 5/3/2024).]

29(2)

(2) (a) The holder of a licence issued under this Part for any period of 12 months shall, on surrendering it to the Chief 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.

[Amended 18/19 (cio 16/9/19).]

(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.

29(3)

(3) For the purpose of ascertaining the rate of tax payable in respect of a motor vehicle or trailer, the Chief Commissioner may direct that the motor vehicle or trailer be examined by an authorised examiner or a vehicle examiner, as the case may be.

[Amended 19/16 (cio 3/11/16); 18/19 (cio 16/9/19).]

29(4)

(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.

29A(1)

(1) The Chief 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.

[Amended 18/19 (cio 16/9/19).]

29A(2)

(2) (a) Where a licence has been 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.

[Amended 27/12 (cio 22/12/12).]

(b) The Chief 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.

[Amended 18/19 (cio 16/9/19).]

(c) Any registered owner who fails to surrender the licence within the period mentioned under paragraph (b) shall commit an offence.

29A(3)

(3) Where a licence has not been surrendered in accordance with subsection (2) (b), the Chief 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.

[Added 27/12 (cio 22/12/12); Amended 18/19 (cio 16/9/19).]

30(1)

(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.

30(2)

(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 Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

32(1)

(1) (a) Notwithstanding this Part, the NLTA 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.

[Amended 18/19 (cio 16/9/19).]

(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.

32(2)

(2) A person aggrieved by the refusal of NLTA to issue him a licence under this section may, within 7 days of the notification of the refusal to him, appeal to the Appeal Committee, whose decision shall be final.

[Amended 18/19 (cio 16/9/19).]

33(1)

(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.

33(2)

(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(1)

(1) The Chief Commissioner shall -

[Amended 18/19 (cio 16/9/19).]

(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.

34(2)

(2) The plates bearing the assigned identification number shall be -

(a) issued by the Chief Commissioner;

[Amended 18/19 (cio 16/9/19).]

(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(1)

(1) A motor vehicle dealer's licence shall continue in operation from the date when it is granted until the following 31 December.

35(2)

(2) Where the motor vehicle dealer ceases to carry on business, the licence shall cease to be valid.

40(1)

(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).

40(2)

(2) Where any person contravenes this section, he shall commit an offence and shall, on conviction, be liable to a fine of not less than 50,000 rupees and not exceeding 100,000 rupees and to imprisonment for a term not exceeding 12 months.

[Amended 12/18 (cio 1/10/18).]

40(3)

(3) This section shall not apply to a person who is the holder of -

(a) an international driving permit; or [Amended 7/15 (cio 27/7/15).]

(b) a provisional driving licence where that person has complied with all the conditions subject to which the provisional driving licence was granted. [Repealed and replaced 7/15 (cio 27/7/15).]

41(1)

(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.

41(2)

(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.

41(3)

(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; [Amended 7/15 (cio 27/7/15).]

(b) any permit under paragraph (a) has been endorsed, suspended or cancelled; [Amended 7/15 (cio 27/7/15).]

(c) he has been disqualified from holding a driving licence; or [Amended 7/15 (cio 27/7/15).]

(d) he is, under this Act disqualified by reason of age or otherwise, from obtaining the licence for which he is applying. [Amended 7/15 (cio 27/7/15).]

41(4)

(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.

41(5)

(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.

41(6)

(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.

41(7)

(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.

[Amended 7/15 (cio 27/7/15).]

41(8)

(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. [Amended 7/15 (cio 27/7/15).]

41(9)

(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.

43(1)

(1) A person under the age of 15 shall not drive a motor vehicle on a road.

43(2)

(2) A person under the age of 17 shall not drive a motor vehicle other than an auto cycle on a road.

43(3)

(3) A person under the age of 18 shall not drive a motor vehicle other than an auto cycle, a motorcycle or an invalid carriage on a road.

43(4)

(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.

43(5)

(5) The burden of establishing a person's age shall rest on the applicant for a driving licence.

43(6)

(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 and shall, on conviction, be liable to a fine of not less than 50,000 rupees and not exceeding 100,000 rupees and to imprisonment for a term not exceeding 12 months.

[Amended 12/18 (cio 1/10/18).]

43(7)

(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 purposes 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(1)

(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 some time -

(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.

[Amended 7/15 (cio 27/7/15).]

(b) Where a licence is issued in Rodrigues, the licensing officer may require the applicant to undergo the prescribed test of competence to drive.

44(2)

(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.

[Amended 7/15 (cio 27/7/15).]

(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.

[Amended 7/15 (cio 27/7/15).]

44(3)

(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.

44(4)

(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;

(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.

45(1)

(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) any 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.

45(2)

(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.

45(3)

(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(1)

(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 a digital driving licence. [Amended 17/12 (cio 10/5/13); 15/26 (cio 4/9/26).]

46(2)

(2) Any person who contravenes subsection (1) shall commit an offence.

46(3)

(3) Where a driver -

(a) fails to produce his driving licence or a digital driving licence; or [Amended 17/12 (cio 10/5/13); 15/26 (cio 4/9/26).]

(b) produces a digital driving licence, [Amended 15/26 (cio 4/9/26).] 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.

46(4)

(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 of not less than 2,000 rupees and not more than 10,000 rupees. [Amended 15/26 (cio 4/9/26).]

47(1)

(1) (a) Where the 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.

47(2)

(2) Any person who, without reasonable cause, fails to comply with a notice under this section shall commit an offence.

48(1)

(1) Every paid driver shall, at the request of the 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.

48(2)

(2) Any person who, without reasonable cause, fails to comply with subsection (1) shall commit an offence.

49(1)

(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.

49(2)

(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(1)

(1) Notwithstanding this Act, the 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.

50(2)

(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.

50(3)

(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(1)

(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.

51(2)

(2) Where an appeal is made under subsection (1), the decision of the Magistrate shall be final.

52(1)

(1) (a) Subject to section 123AG, a Court before which a person is convicted of an offence under this Act -

[Amended 17/12 (cio 10/5/13); 7/15 (cio 27/7/15).]

(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 thinks fit or cancel the licence and declare that person disqualified;

[Repealed and replaced 7/15 (cio 27/7/15).]

(B) where the convicted person holds an international driving permit, declare that person disqualified from driving in Mauritius for such time as the Court thinks fit; or

[Repealed and replaced 7/15 (cio 27/7/15).]

(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;

[Inserted 7/15 (cio 27/7/15).]

(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

[Amended 7/15 (cio 27/7/15).]

(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) [Repealed 17/12 (cio 10/5/13).]

52(1A)

(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 but not later than 30 days from the date on which the licence or permit is surrendered;

[Amended 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

(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.

52(2)

(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; [Amended 7/15 (cio 27/7/15).]

(b) has had his driving licence or provisional licence cancelled; or [Amended 7/15 (cio 27/7/15).]

(c) is disqualified from driving in Mauritius, [Inserted 7/15 (cio 27/7/15).] 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.

53(1)

(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).

[Amended 17/12 (cio 10/5/13); repealed and replaced 7/15 (cio 27/7/15).]

53(2)

(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.

53(3)

(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.

[Amended 17/12 (cio 10/5/13); 7/15 (cio 27/7/15).]

(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.

53(4)

(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 -

[Amended 17/12 (cio 10/5/13); 7/15 (cio 27/7/15).]

(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 of not less than 50,000 rupees and not exceeding 100,000 rupees; or

[Amended 12/18 (cio 1/10/18).]

(iii) to both imprisonment for a term not exceeding 2 years and a fine of not less than 50,000 rupees and not exceeding 100,000 rupees,

[Amended 12/18 (cio 1/10/18).]

and a driving licence obtained by any disqualified person shall be of no effect.

53(5)

(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.

54(1)

(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.

54(2)

(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.

54(3)

(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.

54(4)

(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.

54(5)

(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.

54(6)

(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.

54(7)

(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.

55(1)

(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.

55(2)

(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.

55(3)

(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.

57(1)

(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 arise; or

(iii) any contractual liability.

57(2)

(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.

57(3)

(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.

57(4)

(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.

57A(1)

(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.

57A(2)

(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 auto cycles; or

(b) the left corner of the windscreen of any other vehicle.

57A(3)

(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).

58(1)

(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) some body 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;

(ii) in the case of any other undertaking, of not less than 100,000 rupees, any liability which is required to be covered by a policy of insurance under this Part.

60(1)

(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 horse power, 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.

60(2)

(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.

60(3)

(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(1)

(1) Notwithstanding any other enactment or any term or condition of a policy of insurance or security, where a non-resident driver is liable in respect of the death of, or bodily injury to, any person caused by, or arising out of, the use of a motor vehicle in Mauritius, the insurer shall be liable to indemnify the non-resident driver in respect of that liability.

60A(2)

(2) Subsection (1) shall not apply to a motor vehicle belonging to a non- resident and in respect of which a visitor's licence has been issued.

61(1)

(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.

61(2)

(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.

61(3)

(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 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.

61(4)

(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.

61(5)

(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, in what terms.

61(6)

(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.

61(7)

(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(1)

(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.

62(2)

(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.

62(3)

(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.

62(4)

(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(1)

(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).

63(2)

(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.

63(3)

(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).

63(4)

(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.

63(5)

(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(1)

(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.

64(2)

(2) The rights under subsection (1) shall be the same as if no agreement, waiver, assignment, disposition or payment had been made.

65(1)

(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).

65(2)

(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(1)

(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.

66(2)

(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(1)

(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.

67(2)

(2) Any person who fails to comply with subsection (1) shall commit an offence.

68(1)

(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.

68(2)

(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.

68(3)

(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.

68(4)

(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.

68B(1)

(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.

68B(2)

(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.

68B(3)

(3) For the purposes of subsection (1), every driver of a motor vehicle shall carry in his vehicle an Agreed Statement of Facts Form.

68B(4)

(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.

68B(5)

(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.

68C(1)

(1) Where the drivers of the motor vehicles involved in an accident to which section 68A applies do not agree on the circumstances of the accident -

(a) they shall record the facts of the accident on the Minor Road Accident Report Form substantially set out in Part B of the Fifth Schedule; or

(b) where they are unable to record the facts of the accident on the Minor Road Accident Report Form, they shall report the accident to the nearest police station.

68C(2)

(2) Where the drivers record the facts of the accident on the Minor Road Accident Report Form, each driver shall -

(a) sign the form; and

(b) forward a copy of the form to his insurer not later than 5 days after the accident.

68F(1)

(1) There is established for the purposes of this Act a Motor Vehicle Insurance Arbitration Committee.

68F(2)

(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.

68F(3)

(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.

68F(4)

(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.

68F(5)

(5) A decision of the Committee shall be taken by at least 2 members including the member presiding at the meeting of the Committee.

68F(6)

(6) Every member of the Committee shall be paid such remuneration or allowances as may be determined by the Minister.

68F(7)

(7) There shall be a Secretary to the Committee who shall be paid such remuneration or allowances as may be determined by the Minister.

68F(8)

(8) The Secretary shall ensure that the Committee obtains such administrative, secretarial or other assistance as the Committee may require.

68F(9)

(9) The Chairperson or a Vice-Chairperson may be appointed on a part-time basis.

68F(10)

(10) Any party who is aggrieved by a decision of the Committee may apply for a judicial review of the decision in accordance with Sub-part VIA of Part II of the Courts Act.

[RR 27/25 (cio 5/1/26).]

68H(1)

(1) The Committee shall sit at such place and time as the Chairperson of the Committee may determine.

68H(2)

(2) The Committee shall, subject to the Sixth Schedule, regulate its proceedings in such manner it thinks fit.

68H(3)

(3) The findings of the Committee shall be complied with within 21 days from the date of its communication to the interested parties.

68J(1)

(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.

68J(2)

(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.

68J(3)

(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.

71(1)

(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.

71(2)

(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 Chief Commissioner;

[Amended 18/19 (cio 16/9/19).]

(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(1)

(1) This Part shall apply in relation to securities having effect under this Part as they apply in relation to policies of insurance.

72(2)

(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.

75(1)

(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;

[Amended 10/23 (cio 21/8/23).]

(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; and

[Amended 10/23 (cio 21/8/23).]

(e) shuttle buses, being motor vehicles having a seating capacity for 7 or more but not exceeding 32 passengers and carrying passengers for hire or reward at separate fares.

[Added 10/23 (cio 21/8/23).]

75(2)

(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(1)

(1) (a) (i) No person shall use, or cause or permit to be used, a motor vehicle as a bus, contract bus, taxi, contract car or shuttle bus, 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.

[Amended 10/23 (cio 21/8/23).]

(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 20,000 rupees and to imprisonment for a term not exceeding 12 months.

[Amended 12/18 (cio 1/10/18).]

76(2)

(2) A public vehicle licence may -

(a) be refused; or

(b) where it has already been granted, be suspended or revoked by the NLTA if, having regard to -

[Amended 18/19 (cio 16/9/19).]

(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.

76(3)

(3) A public service vehicle licence shall not be granted or renewed or, where it has already been granted or renewed, may be suspended or revoked by NLTA, where -

(a) the prescribed conditions as to fitness are not fulfilled in respect of the vehicle; or

(b) the holder of a taxi licence fails, pursuant to section 12 of the Taxi Operators Welfare Fund Act 2021, to pay the one-off entrance fee or the annual contribution to the Taxi Operators Welfare Fund, as the case may be.

[Amended 18/19 (cio 16/9/19); RR 6/21 (cio 3/1/22).]

76(4)

(4) Where a public service vehicle licence is suspended or revoked under subsection (2) or (3), the NLTA shall cause seals to be affixed to the motor vehicle during the period of suspension or revocation.

[Amended 18/19 (cio 16/9/19).]

76(5)

(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.

76(6)

(6) NLTA may -

[Amended 18/19 (cio 16/9/19).]

(a) attach to a public service vehicle licence such conditions; and

(b) vary the conditions under paragraph (a), as it thinks fit.

76(7)

(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.

76(7A)

(7A) The Minister may, with regard to a motor vehicle, having a seating capacity for 7 or more passengers, which has been used or is being used in contravention of this Part, make such regulations as he thinks fit -

(a) to provide for the affixing of seals or immobilisation devices on the motor vehicle; and

(b) for disciplinary proceedings to be initiated against the owner or person in charge of the motor vehicle.

[Inserted 10/23 (cio 21/8/23).]

76(8)

(8) In this section -

"taxi licence" has the same meaning as in the Taxi Operators Welfare Fund Act 2021.

[Added 6/2021 (cio 3/1/22).]

77(1)

(1) Subject to this section, NLTA may -

[Amended 18/19 (cio 16/9/19).]

(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 on its own motion; or

[Amended 10/23 (cio 21/8/23).]

(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.

77(2)

(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.

77(3)

(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.

77(4)

(4) NLTA 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.

[Amended 18/19 (cio 16/9/19).]

77(5)

(5) (a) In deciding whether to grant, refuse or vary a road service licence in respect of any route or area, NLTA shall have regard to -

[Amended 18/19 (cio 16/9/19).]

1 the suitability of the routes on which a service may be provided under the licence;

2 the extent to which a route or area in respect of which the application is made is already served by road transport;

3 the extent to which road transport might be adversely affected and any representations which may be made in that behalf;

4 the extent to which the proposed service is necessary or desirable in the public interest;

5 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;

6 the payment of reasonable wages and observance of proper conditions of service in respect of the drivers and conductors of the applicant;

7 the reliability and financial stability of the applicant;

8 the facilities at the disposal of the applicant for carrying out vehicle maintenance and mechanical repairs;

9 any previous conviction of the applicant for an offence under this Act;

10 the number of vehicles in possession of the applicant in relation to the demands of the service for which a licence is sought;

11 whether the applicant's main source of livelihood is, or is intended to be, derived from the business of operating public service vehicles; and

12 where a person holds or has held a road service licence, the manner in which he has operated the service authorised by the licence.

77(6)

(6) (a) Where the particulars required under subsection (8) have been supplied and the application is otherwise in order, NLTA shall cause a notice of the application to be published in -

[Amended 18/19 (cio 16/9/19).]

(i) the Gazette; and

(ii) such other manner as may be prescribed or as NLTA thinks fit, not more than 14 days before the public sitting at which the application is to be heard.

[Amended 18/19 (cio 16/9/19).]

(b) - [R 10/23 (cio 21/8/23).]

77(7)

(7) (a) NLTA may -

[Amended 18/19 (cio 16/9/19).]

(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.

77(8)

(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 NLTA -

[Amended 18/19 (cio 16/9/19).]

(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 NLTA may require;

[Amended 18/19 (cio 16/9/19).]

(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 NLTA may require.

[Amended 18/19 (cio 16/9/19).]

(b) In the case of any material misstatement of any of the particulars specified under paragraph (a), NLTA may revoke a road service licence issued, or variation made, based on the application containing the misstatement.

[Amended 18/19 (cio 16/9/19).]

77(9)

(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(1)

(1) Where the Minister is satisfied that it is in the public interest to do so, he may direct NLTA 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.

[Amended 18/19 (cio 16/9/19).]

77A(2)

(2) Where the Minister makes a direction under subsection (1), section 77 shall not apply and NLTA 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.

[Amended 18/19 (cio 16/9/19).]

77B(1)

(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 NLTA, stating the grounds for the request.

[Amended 18/19 (cio 16/9/19).]

77B(2)

(2) NLTA 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.

[Amended 18/19 (cio 16/9/19).]

77B(3)

(3) Notwithstanding this Act, where a request has been made under subsection (1), NLTA shall -

[Amended 18/19 (cio 16/9/19).]

(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.

77B(4)

(4) Where NLTA has varied, suspended or revoked any licence under subsection (3) (b), its decision shall -

[Amended 18/19 (cio 16/9/19).]

(a) be communicated forthwith to the licensee; and

(b) take effect as from the date of the communication of the decision to the licensee.

77B(5)

(5) No decision taken by NLTA under subsection (3)(b) shall be stayed pending the determination of any appeal or other court proceedings in respect of that decision.

[Amended 18/19 (cio 16/9/19).]

77C(1)

(1) Where the Minister is satisfied that it is in the public interest to do so, he may direct NLTA 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.

[Amended 18/19 (cio 16/9/19).]

77C(2)

(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, NLTA shall vary the licence accordingly.

[Amended 18/19 (cio 16/9/19).]

77D(1)

(1) Where the Minister is satisfied that it is in the public interest to do so, he may direct NLTA to allow an existing licensee to redeploy his bus from an existing route to another route or area designated by the Minister, provided that -

(a) service on the route from which the bus is to be redeployed from is not adversely impacted;

(b) the authorisation is granted for such duration as the Minister may deem fit; and

(c) NLTA is satisfied that the licensee has been providing adequate service.

77D(2)

(2) Where the Minister is satisfied that a particular route or area is inadequately served and that it is in the public interest to improve bus services on that route or area, he may direct NLTA to grant a road service licence, for such duration as he may deem fit, to an existing licensee so as to allow him to operate bus services on such route or area designated by the Minister, provided that -

(a) NLTA is satisfied that existing bus services on that route or area are inadequate;

(b) there has been requests or complaints from commuters and users of public transport as regards the level of service provided by existing bus operators; and

(c) NLTA is satisfied that the licensee has been providing adequate service on any route operated by him.

77D(3)

(3) Where the Minister makes a direction under subsection (1) or (2), section 77 shall not apply and, on application made by the licensee, NLTA shall vary the licence accordingly.

[Inserted 10/23 (cio 21/8/23).]

79(1)

(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;

[Amended 19/16 (cio 3/11/16).]

(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.

79(2)

(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 5,000 rupees.

[Amended 12/18 (cio 1/10/18).]

79(3)

(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.

80(1)

(1) Every person applying for a public service vehicle licence in respect of a taxi, contract car or shuttle bus, referred to as "taxi licence", "contract car licence" or "shuttle bus licence", respectively, shall submit to NLTA in the form it requires -

(a) particulars of the type of vehicle to be used;

(b) particulars as to the stand, base or locality from which it is intended to operate the taxi, contract car or shuttle bus, as the case may be; and

(c) such other particulars as NLTA may require.

[RR 10/23 (cio 21/8/23).]

80(2)

(2) (a) NLTA may grant or refuse an application for a taxi licence, contract car licence or shuttle bus licence.

[Amended 18/19 (cio 16/9/19); 10/23 (cio 21/8/23).]

(b) In deciding whether to grant or refuse an application under paragraph (a), NLTA 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;

[Amended 6/21 (cio 3/1/22).]

(ii) to the character of the applicant; and

[Amended 6/2021 (cio 3/1/22).]

(iii) as to whether the applicant has complied with section 12 of the Taxi Operators Welfare Fund Act 2021.

[Added 6/2021 (cio 3/1/22).]

80(3)

(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.

80(4)

(4) NLTA may cancel or vary any of the conditions attached to a taxi licence under subsection (3).

[Amended 18/19 (cio 16/9/19).]

80(5)

(5) NLTA may, on an application made by the holder of a taxi licence, authorise him to operate, in addition to his existing base of operation, in another location on a temporary basis and subject to such terms and conditions as NLTA may determine.

[RR 10/23 (cio 21/8/23).]

81(1)

(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 Chief Commissioner as being valid for a contract car.

[Amended 18/19 (cio 16/9/19).]

81(2)

(2) Any person who fails to comply with subsection (1) shall commit an offence.

81A(1)

(1) Every holder of a road service licence, contract bus licence or contract car licence shall, upon request from NLTA, submit to NLTA 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;

(c) any acquisition or transfer of assets; and

(d) such other particulars as may be required by NLTA in respect of the operation of the bus, contract bus or contract car, as the case may be, in respect of such period as NLTA may determine.

[RR 10/23 (cio 21/8/23).]

81A(2)

(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.

81A(3)

(3) Without prejudice to subsection (2), the Authority may revoke the license 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(1)

(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.

82(2)

(2) Any person who contravenes subsection (1) shall commit an offence.

83(1)

(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.

83(2)

(2) Notwithstanding this Part, a goods vehicle shall, when used for any purpose, be deemed to have been used for the carriage of goods.

83(3)

(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.

83(4)

(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.

83(5)

(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.

83(6)

(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.

83(7)

(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 a place of 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.

[Amended 27/12 (cio 22/12/12).]

83(8)

(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.

84(1)

(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");

84(2)

(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.

84(3)

(3) A private carrier's licence shall entitle its holder to -

(a) use the authorised vehicle, subject to any conditions attached to the licence, for -

(i) the carriage of goods, other than sugar canes;

(ii) the conveyance of persons, free of charge, for or in connection with any trade or business carried on by the holder;

(b) lease the authorised vehicle to another person for any purpose, including for the carriage of goods, other than sugar canes, and subject to such conditions as NLTA may impose.

[RR 7/2020 (cio 7/8/2020).]

84(4)

(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.

84(5)

(5) Notwithstanding this Part, NLTA 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.

[Amended 18/19 (cio 16/9/19).]

85(1)

(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.

85(2)

(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.

85(3)

(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(1)

(1) NLTA may -

[Amended 18/19 (cio 16/9/19).]

(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.

86(2)

(2) NLTA, in exercising its power under subsection (1), shall have regard -

[Amended 18/19 (cio 16/9/19).]

(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(1)

(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.

87(2)

(2) Subject to subsection (1), NLTA may attach to a carrier's licence -

[Amended 18/19 (cio 16/9/19).]

(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, terms of service and hours of employment shall be in accordance with particulars attached to the licence; and

(f) such other conditions as NLTA thinks fit to impose in the public interest or with a view to preventing uneconomic competition.

87(3)

(3) Subject to subsection (1), NLTA may cancel or vary any of the conditions attached to a carrier's licence under subsection (2).

[Amended 18/19 (cio 16/9/19).]

87(4)

(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.

87(5)

(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.

89(1)

(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.

89(2)

(2) NLTA may determine the number of attendants to be carried on a goods vehicle and their duties.

[Amended 18/19 (cio 16/9/19).]

89(3)

(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(1)

(1) Notwithstanding this Act, NLTA 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.

[Amended 18/19 (cio 16/9/19).]

89A(2)

(2) In this section, "development worker" means a worker employed by Government in furtherance of the social and economic development of Mauritius.

90(1)

(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.

90(2)

(2) The owner of a public service vehicle or goods vehicle shall, at the request of NLTA, produce for inspection all accounts or records kept under subsection (1).

90(3)

(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 5,000 rupees and, in the case of a continuing offence, to a fine not exceeding 2,000 rupees for every day during which the offence continues.

[Amended 10/23 (cio 21/8/23).]

91(1)

(1) A licence under this Part shall, unless previously revoked or suspended, continue in force for such period as may be prescribed.

91(2)

(2) (a) Where an application has been made for a licence under this Part, NLTA 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.

[Amended 18/19 (cio 16/9/19).]

(b) A short term licence granted under paragraph (a) shall cease to have effect from the date on which NLTA gives its decision on the application.

[Amended 18/19 (cio 16/9/19).]

93(1)

(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.

93(2)

(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(1)

(1) NLTA shall keep a record in such form and containing such particulars as may be prescribed of all licences it grants under this Part.

[Amended 18/19 (cio 16/9/19).]

94(2)

(2) Any -

(a) police officer or person authorised by the Minister, without payment; or

(b) other person appearing to NLTA to have reasonable ground for claiming so to do, upon payment of the prescribed fee,

[Amended 18/19 (cio 16/9/19).]

may, at any reasonable time, inspect and take copies of, or extracts from, the record kept under subsection (1).

94(3)

(3) The record shall be admissible in evidence of the matters required under this Part to be entered in it.

94(4)

(4) A copy of an entry made in the record under this section purporting to be -

(a) signed by or on behalf of NLTA; or

[Amended 18/19 (cio 16/9/19).]

(b) certified by or on behalf of NLTA to be a true copy,

[Amended 18/19 (cio 16/9/19).]

shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the entry.

96(1)

(1) (a) A public service vehicle licence, a road service licence or a carrier's licence may be revoked or suspended by NLTA on the ground that a condition of -

[Amended 18/19 (cio 16/9/19).]

(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) NLTA shall not revoke or suspend a licence under paragraph (a) unless it is satisfied that -

[Amended 18/19 (cio 16/9/19).]

(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.

96(1A)

(1A) Notwithstanding subsection (1), NLTA may revoke or suspend a public service licence, road service licence or carrier's licence where it is in the public interest to do so.

[Inserted 10/23 (cio 21/8/23).]

96(2)

(2) Where a licence is revoked or suspended under subsection (1) or (1A) -

[Amended 10/23 (cio 21/8/23).]

(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.

96(3)

(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.

96A(1)

(1) In the exercise of its powers under sections 76(2) and (3), 96(1) and (1A), 107(3) and 108(3), NLTA may -

[Amended 18/19 (cio 16/9/19); 10/23 (cio 21/8/23).]

(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.

96A(2)

(2) NLTA may designate any of its officers to perform the duties of an usher in the service of a summons issued under subsection (1).

[Amended 18/19 (cio 16/9/19).]

96A(3)

(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.

97(1)

(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 NLTA.

[Amended 18/19 (cio 16/9/19).]

97(2)

(2) The holder of a public service vehicle licence or of a carrier's licence shall not, without the prior approval of NLTA, 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.

[Amended 18/19 (cio 16/9/19).]

97(3)

(3) Any person who contravenes this section shall commit an offence.

98(1)

(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.

98(2)

(2) Any person who fails to comply with subsection (1) shall commit an offence.

99(1)

(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 NLTA on the application; or

[Amended 18/19 (cio 16/9/19).]

(ii) any condition attached to the licence by NLTA;

[Amended 18/19 (cio 16/9/19).]

(b) - [Amended 18/19 (cio 16/9/19); Repealed 10/23 (cio 21/8/23).]

(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 Appeal Committee by giving notice in writing to NLTA and lodging his appeal with the Secretary to the Appeal Committee within 21 days of the date on which the decision of NLTA has been communicated to him.

[Amended 18/19 (cio 16/9/19); 1/2020 (cio 16/5/2020).]

99(2)

(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 Appeal Committee on the ground that his application

[Amended 18/19 (cio 16/9/19).]

(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(1)

(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.

100(2)

(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.

101(1)

(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.

101(2)

(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.

101(3)

(3) The Magistrate shall, after the examination under subsection (2) is completed, give his decision, which shall be final.

101(4)

(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) NLTA.

[Amended 18/19 (cio 16/9/19).]

101(5)

(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 NLTA particulars of the conviction.

[Amended 18/19 (cio 16/9/19).]

102(1)

(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.

102(2)

(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.

102(3)

(3) Any person who fails to comply with this section shall commit an offence.

103(1)

(1) (a) NLTA may, with the approval of the Minister, by Order provide for -

[Amended 18/19 (cio 16/9/19).]

(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.

103(2)

(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 NLTA.

[Amended 18/19 (cio 16/9/19).]

103(3)

(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 NLTA; or

[Amended 18/19 (cio 16/9/19).]

(b) in the case of -

(i) a taxi, at its base or stand; and

(ii) a goods vehicle, at a stand.

103(4)

(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 NLTA for buses; or

[Amended 18/19 (cio 16/9/19).]

(B) any stand appointed by NLTA for any other class of public service vehicle or for goods vehicles.

[Amended 18/19 (cio 16/9/19).]

103(5)

(5) For the purposes of subsections (3) and (4), the base or stand of a taxi shall be the base or stand specified under section 80(3)(a)(v) in respect of the taxi.

[Amended 10/23 (cio 21/8/23).]

103(6)

(6) Any person who fails to comply with subsection (2), (3) or (4) shall commit an offence.

104(1)

(1) Nothing in this Part shall be deemed to confer on the holder of a licence granted under this Part, a right to the continuance of any benefits arising from this Part or from any licence granted under this Part or from any conditions attached to the licence.

104(2)

(2) NLTA may call in a licence of any category issued under this Act and vary its conditions.

[Amended 18/19 (cio 16/9/19).]

105(1)

(1) The Minister may make such regulations as he thinks fit for the purposes of this Part.

105(2)

(2) Without prejudice to the generality of the power under subsection (1), the Minister may make regulations with regard to -

(a) (i) the forms to be used; and

(ii) the particulars to be furnished, under this Part;

(b) (i) the procedure on application for; and

(ii) the determination of questions in connection with, the grant, renewal, surrender, suspension and revocation of licences under this Part;

(c) the issue of licences and, where licences are lost or destroyed, their copies;

(d) the fees payable under this Part, the manner of payment and the persons liable to pay them;

(e) the documents, plates and marks to be carried by public service vehicles and the manner in which they are to be carried;

(f) the badges to be worn by drivers and conductors of public service vehicles;

(g) the means by which goods vehicles and public service vehicles are to be identified, whether by plates, marks or otherwise, as being authorised vehicles, and the provision of distinguishing words, letters, numbers, colours or marks being or not being placed on or affixed to vehicles;

(h) the custody of licences, production, return and cancellation of licences on expiry, suspension or revocation, and the custody, production, return and obliteration of documents, badges, plates and marks;

(i) the determination of the number of passengers which a public service vehicle is adapted to carry and the number which may be carried;

(j) the carriage of luggage and goods on public service vehicles;

(k) the safe custody and re-delivery or disposal of any property left in a public service vehicle or goods vehicles and the determination of the charges made in respect of the property;

(l) the equipment to be carried by public service vehicles or goods vehicles;

(m) the notification to NLTA of vehicles which have ceased to be used under a licence issued under this Part;

[Amended 18/19 (cio 16/9/19).]

(n) the records to be kept by licensees and by drivers of public service vehicles and goods vehicles and the returns to be made;

(o) the disposal of fines;

(p) the examination of vehicles under this Part;

(q) the control of advertisements on public service vehicles;

(r) the fares and rates chargeable under this Part in respect of buses and goods vehicles; and

(s) the fares chargeable under this Part in respect of taxis.

107(1)

(1) (a) No person shall drive -

(i) a public service vehicle, other than a contract car; or

(ii) a heavy goods vehicle, on a road, unless he has, on payment of the prescribed fee, obtained a licence from NLTA, or the Commissioner of Police authorised in that behalf by NLTA, to drive the vehicle.

[Amended 18/19 (cio 16/9/19).]

(b) No person shall employ, cause or permit any other person, who is not licensed under paragraph (a), to drive a heavy goods vehicle or a public service vehicle on a road.

107(2)

(2) A licence under subsection (1) shall not be issued unless the applicant satisfies NLTA that he -

[Amended 18/19 (cio 16/9/19).]

(a) is over the age of 18;

(b) is of good character; and

(c) fulfils such other conditions as NLTA may specify.

[Amended 18/19 (cio 16/9/19).]

107(3)

(3) A licence granted under subsection (1) may be suspended or revoked by NLTA on the ground that by reason of -

[Amended 18/19 (cio 16/9/19).]

(a) his conduct;

(b) physical disability; or

(c) record of convictions, the holder is not a fit person to hold the licence.

107(4)

(4) Any person who contravenes subsection (1) shall commit an offence.

108(1)

(1) (a) No person shall act as conductor of a public service vehicle on a road unless he has, on payment of the prescribed fee, obtained a licence under this Part from NLTA.

[Amended 18/19 (cio 16/9/19).]

(b) No person shall employ, cause or permit any other person, who is not licensed under paragraph (a), to act as a conductor of a public service vehicle on a road.

108(2)

(2) A person shall be disqualified from obtaining a licence to act as a conductor of a public service vehicle unless he satisfies NLTA that he -

[Amended 18/19 (cio 16/9/19).]

(a) is over the age of 18; and

(b) fulfils such other conditions as NLTA may specify.

[Amended 18/19 (cio 16/9/19).]

108(3)

(3) A licence to act as a conductor of a public service vehicle may be suspended or revoked by NLTA on the ground that by reason of -

[Amended 18/19 (cio 16/9/19).]

(a) his conduct;

(b) physical disability; or

(c) record of convictions, the holder is not a fit person to hold the licence.

108(4)

(4) Any person who contravenes subsection (1) shall commit an offence.

108A(1)

(1) A stand regulator shall regulate and control bus services from bus stands, or terminals, or along bus routes.

108A(2)

(2) (a) No person shall act as a stand regulator unless he has, on payment of the prescribed fee, obtained a stand regulator's licence under this Part from NLTA.

[Amended 18/19 (cio 16/9/19).]

(b) No person shall employ, cause or permit any other person, who is not licensed under paragraph (a), to act as a stand regulator.

108A(3)

(3) A person shall be disqualified from obtaining a licence to act as a stand regulator unless he fulfils such conditions as NLTA may specify.

[Amended 18/19 (cio 16/9/19).]

108A(4)

(4) A licence to act as a stand regulator may be suspended or revoked by NLTA on the ground that by reason of -

[Amended 18/19 (cio 16/9/19).]

(a) his conduct;

(b) physical disability; or

(c) his record of convictions, the holder is not a fit person to hold the licence.

108A(5)

(5) Any person who contravenes subsection (2) shall commit an offence.

109(1)

(1) Any person who, being the holder of, or an applicant for, a licence to act as driver of a public service vehicle or a heavy goods vehicle, conductor of a public service vehicle or stand regulator feels aggrieved by -

(a) the refusal or failure of NLTA to grant or renew the licence;

(b) the suspension or revocation of the licence; or

(c) any limitation imposed on the licence, may appeal to the Appeal Committee by giving written notice to NLTA and lodging his appeal with the Secretary to the Appeal Committee not later than 15 days after the decision of NLTA is communicated to him.

[RR 18/19 (cio 16/9/19).]

109(2)

(2) Where a person appeals to the Appeal Committee under subsection (1), his licence shall be deemed to continue to be in force until such time as his appeal is determined.

[Amended 18/19 (cio 16/9/19).]

110(1)

(1) Any -

(a) person who knowingly sells or supplies intoxicating liquor to a driver of a public service vehicle or goods vehicle while the driver is on duty; and

(b) driver who buys or consumes intoxicating liquor while he is on duty, shall 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 6 months.

110(2)

(2) For the purposes of this section, the driver of a public service vehicle or goods vehicle shall be deemed to be on duty during the time when he is in charge, or responsible for the driving, of the vehicle in the course of any journey, including the period of any halt during the journey other than a halt overnight.

111(1)

(1) The Minister may make regulations as to the conduct of persons licensed to act as -

(a) drivers of public service vehicles or goods vehicles;

[Amended 21/11 (cio 1/11/11).]

(b) conductors of public service vehicles; or

[Amended 21/11 (cio 1/11/11).]

(c) stand regulators.

[Inserted 21/11 (cio 1/11/11).]

111(2)

(2) Any person who contravenes any regulations made under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 2,500 rupees and the Court which convicts him shall send particulars of the conviction to the Authority.

112(1)

(1) This Part shall apply to every motor vehicle and trailer.

112(2)

(2) For the issue of a certificate of fitness in respect of a motor vehicle or trailer under this Part, that motor vehicle or trailer shall -

(a) for the Island of Mauritius, be examined by an authorised examiner; and

(b) for Rodrigues and Agaléga, be examined by a vehicle examiner.

113(1)

(1) No person shall act as an authorised examiner unless he is licensed as such by the Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

113(2)

(2) The Chief Commissioner shall, at all times, ensure that -

[Amended 18/19 (cio 16/9/19).]

(a) an examination station -

(i) is properly equipped for the testing of noise and smoke emissions, brakes efficiency, lights, suspension and degree of opacity of windows and windscreens;

(ii) is manned by an adequate number of vehicle testers;

(iii) is fully operational during opening hours;

(iv) is environmentally friendly and complies with any environmental law or any other enactment; and

(v) complies with such other requirements as may be prescribed;

(b) the equipment used to carry out the examination of motor vehicles and trailers are well maintained and calibrated;

(c) the examination of motor vehicles and trailers is carried out in an automated, transparent and objective manner and in accordance with such guidelines and standards as the Chief Commissioner may issue; and

[Amended 18/19 (cio 16/9/19).]

(d) an authorised examiner keeps proper records of all vehicles and trailers examined and the records are readily available for examination.

113(3)

(3) (a) The licence of an authorised examiner may, by notice in writing, be suspended or revoked by the Chief Commissioner -

[Amended 18/19 (cio 16/9/19).]

(i) for non-compliance with any of the conditions attached to the licence or this Act; or

(ii) where the authorised examiner is no more a fit and proper person to hold the licence.

(b) The Chief Commissioner shall not suspend or revoke a licence without giving the authorised examiner an opportunity to make written representations against the suspension or revocation.

[Amended 18/19 (cio 16/9/19).]

(c) An authorised examiner who is aggrieved by the decision of the Chief Commissioner under paragraph (a) may, within 10 days of being notified of the suspension or revocation, appeal, on payment of such non-refundable fee as may be prescribed, to the Minister.

[Amended 18/19 (cio 16/9/19).]

114(1)

(1) Subject to subsection (2), no person shall drive, or cause or permit a person to drive, a motor vehicle or trailer on a road unless there is in force in respect of that motor vehicle or trailer a certificate of fitness issued by an authorised examiner or a vehicle examiner, as the case may be.

114(2)

(2) The Minister may, by regulations, exempt any motor vehicle or trailer from subsection (1) -

(a) for such time or purpose as may be prescribed; or

(b) in such area or on such road as may be prescribed.

114(3)

(3) Where, on examination of a motor vehicle or trailer, an authorised examiner or a vehicle examiner is satisfied that -

(a) the particulars contained in the application form are correct;

(b) the particulars of the registration book conforms to the motor vehicle or trailer;

(c) the motor vehicle or trailer complies with such requirements as to design, construction, equipment, safety standards and vehicle emission as may be prescribed;

(d) the motor vehicle or trailer is fit to be used on a road, he shall issue a certificate of fitness to the owner of the motor vehicle or trailer.

114(4)

(4) A certificate of fitness issued in respect of a motor vehicle or trailer shall -

(a) be in such form as the Chief Commissioner may approve;

[Amended 18/19 (cio 16/9/19).]

(b) certify that the motor vehicle or trailer is fit for the purpose for which it is to be used;

(c) specify the period during which the motor vehicle or trailer is fit for the purpose for which it is to be used;

(d) in the case of a public service vehicle, list the matters specified in section 79; and

(e) be displayed in a conspicuous place on the motor vehicle in respect of which it is issued and, in the case of a trailer, on the trailer or on the motor vehicle drawing it at the time.

115(1)

(1) Where, on examination of a motor vehicle or trailer, an authorised examiner or a vehicle examiner is satisfied that it is in such a state of disrepair as to constitute a danger to any person conveyed in it or to other users of the road, and it does not comply with section 114(3), he shall -

(a) issue to its owner a notice of refusal listing the defects which are to be remedied;

(b) notify its owner of the date on which it shall be re-examined;

(c) suspend, for safety reasons, the certificate of fitness, if any, to prevent its use until all the defects are remedied; and

(d) notify the Chief Commissioner of the suspension of the certificate of fitness under paragraph (c).

[Amended 18/19 (cio 16/9/19).]

115(2)

(2) Where all the defects under subsection (1)(a) are remedied to the satisfaction of the authorised examiner or vehicle examiner, he shall, on re- examination, issue a certificate of fitness in respect of that motor vehicle or trailer and inform the Chief Commissioner accordingly.

[Amended 18/19 (cio 16/9/19).]

116(1)

(1) The owner of a motor vehicle or trailer shall, prior to the expiry of the current certificate of fitness in respect of his motor vehicle or trailer, have the motor vehicle or trailer examined by an authorised examiner or a vehicle examiner, as the case may be.

116(2)

(2) An authorised examiner or a vehicle examiner shall issue a new certificate of fitness in respect of a motor vehicle or trailer where, after examination, he is satisfied that it complies with section 114(3).

116(3)

(3) Where, in respect of a motor vehicle or trailer, a new certificate of fitness is issued within 30 days before the expiry of the current certificate of fitness, the new certificate shall be treated, for the purpose of this section, as if it were issued at the end of the expiry of the current certificate.

117(1)

(1) Where an application for the registration of a motor vehicle or trailer is made pursuant to section 5(2), the Chief Commissioner shall require its owner to have the motor vehicle or trailer examined by an authorised examiner or a vehicle examiner, as the case may be, to ensure that it complies with section 114(3).

[Amended 18/19 (cio 16/9/19).]

117(2)

(2) Where, on examination of the motor vehicle or trailer, the authorised examiner or vehicle examiner is satisfied that it complies with section 114(3), he shall issue a certificate of examination in respect of that motor vehicle or trailer.

118(1)

(1) Where the Chief Commissioner has reason to believe that a motor vehicle or trailer is in such a state of disrepair as to constitute a danger to any person conveyed in it or to other users of the road and it does not comply with section 114(3), he may order the person in charge of the motor vehicle or trailer to have the motor vehicle or trailer examined by an authorised examiner or a vehicle examiner, as the case may be.

118(2)

(2) Where the order under subsection (1) is not complied with, the Chief Commissioner shall -

[Amended 18/19 (cio 16/9/19).]

(a) prohibit the use of the motor vehicle or trailer; and

(b) cause seals to be affixed to the motor vehicle or trailer, until such time as its owner satisfies the Chief Commissioner that he has taken necessary steps to cause it to be examined by an authorised examiner or a vehicle examiner, as the case may be.

[Amended 18/19 (cio 16/9/19).]

118(3)

(3) Where a motor vehicle or trailer is examined pursuant to this section, an authorised examiner or a vehicle examiner shall, on being satisfied that it complies with section 114(3), validate the current certificate of fitness in respect of that motor vehicle or trailer.

119(1)

(1) A police officer, vehicle examiner or road transport inspector in uniform, or a police officer, vehicle examiner or road transport inspector not in uniform who produces his identification card may -

(a) stop and inspect a motor vehicle or trailer;

(b) request the person in charge of a motor vehicle or trailer to produce the certificate of fitness or other documents in respect of the motor vehicle or trailer;

(c) detain a motor vehicle or trailer for such time as is reasonably required for the inspection of the certificate of fitness or other documents in respect of that motor vehicle or trailer;

(d) to ascertain whether the requirements imposed by law are complied with, test the brakes, silencers, steering gear, tyres, lighting equipment, reflectors or any other equipment of a motor vehicle or trailer;

(e) where he holds the appropriate driving licence, drive a motor vehicle or trailer on a road to ascertain whether the motor vehicle or trailer is fit to be used on a road;

(f) for the inspection of a motor vehicle or trailer, enter, at any reasonable time, any premises, other than private premises, where he has reason to believe the motor vehicle or trailer is kept; and

(g) for the inspection of a motor vehicle or trailer, enter, pursuant to a warrant issued by a Magistrate, any private premises where he has reason to believe the motor vehicle or trailer is kept.

119(2)

(2) (a) Where, pursuant to subsection (1), a police officer, vehicle examiner or road transport inspector has reason to believe that the motor vehicle or trailer is emitting smoke, visible vapour, fuel, oil or lubricant which is avoidable, or is otherwise not fit to be used on the road, he may prohibit its use until such time as it is examined by an authorised examiner or a vehicle examiner, as the case may be.

(b) The police officer, vehicle examiner or road transport inspector, as the case may be, shall notify the Chief Commissioner of the prohibition made under paragraph (a).

[Amended 18/19 (cio 16/9/19).]

119(3)

(3) Where a prohibition made under subsection (2)(a) is not complied with, the Chief Commissioner shall cause seals to be affixed to the motor vehicle or trailer until such time as its owner satisfies the Chief Commissioner that he has taken necessary steps to cause it to be examined by an authorised examiner or a vehicle examiner.

[Amended 18/19 (cio 16/9/19).]

120(1)

(1) The Chief Commissioner shall not issue a motor vehicle or trailer licence in respect of a motor vehicle or trailer unless a certificate of fitness covering the whole or part of the period for which the licence is to be issued is produced to him.

[Amended 18/19 (cio 16/9/19).]

120(2)

(2) Where, on examination of a motor vehicle or trailer, an authorised examiner or a vehicle examiner is satisfied that -

(a) it is in such a state of disrepair as to constitute a danger to any person conveyed in that motor vehicle or trailer or to other users of the road;

(b) it does not comply with section 114(3); or

(c) its defects have not been remedied to the satisfaction of the authorised examiner or vehicle examiner, the Chief Commissioner may suspend or refuse the renewal of the motor vehicle or trailer licence in respect of that motor vehicle or trailer.

[Amended 18/19 (cio 16/9/19).]

120(3)

(3) (a) Where the owner of a motor vehicle or trailer is aggrieved by a suspension or refusal under subsection (2), he may, within 10 days of the suspension or refusal, appeal to the Appeal Committee on payment of such nonrefundable fee as may be prescribed.

[Amended 18/19 (cio 16/9/19).]

(b) The Appeal Committee may, on appeal, confirm or reverse the decision of the Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

121(1)

(1) Where the owner of a motor vehicle or trailer is aggrieved by -

(a) a notice of refusal issued under section 115(1)(a);

(b) the suspension of a certificate of fitness under section 115(1)(c);

(c) a prohibition made by a police officer, vehicle examiner or road transport inspector under section 119(2), in relation to his motor vehicle or trailer, he may, within 10 days of his receiving notice of the refusal, suspension or prohibition, appeal to the Chief Commissioner on payment of such non-refundable fee as may be prescribed.

[Amended 18/19 (cio 16/9/19).]

121(2)

(2) (a) The Chief Commissioner shall, on an appeal under subsection (1), cause an examination to be carried out by a designated authorised examiner or vehicle examiner, as the case may be, in the presence of an authorised officer.

[Amended 18/19 (cio 16/9/19).]

(b) The authorised officer shall, after examination of the motor vehicle or trailer, forward his report to the Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

(c) The Chief Commissioner shall, on consideration of the report -

[Amended 18/19 (cio 16/9/19).]

(i) cause the registration of the motor vehicle or trailer if he is satisfied that it complies with section 114(3);

(ii) require the authorised examiner to issue a certificate of fitness in respect of that motor vehicle or trailer; or

(iii) confirm the refusal, suspension or prohibition.

121(3)

(3) The decision of the Chief Commissioner under subsection (2) shall be final.

121(4)

(4) Where, pursuant to subsection (2), a motor vehicle or trailer is examined, no fee shall be paid by the owner of the motor vehicle or trailer.

123(1)

(1) The Minister may make such regulations as he thinks fit for the purposes of this Part and, in particular, for -

(a) the establishment and maintenance of examination stations where examination of any motor vehicle or trailer under this Part may be carried out;

(b) the requirements relating to the design, construction, equipment and vehicle emission of that motor vehicle or trailer, for the issue of a certificate of fitness;

(c) authorising a person to act as an authorised examiner;

(d) conditions to be complied with by an authorised examiner;

(e) the levying of fees in respect of the gains of an authorised examiner;

(f) the conditions under which and the equipment with which the examination of a motor vehicle or trailer is to be carried out, and the maintenance of that equipment in an efficient state;

(g) the manner in which any visual examination of a motor vehicle or trailer is to be carried out by an authorised examiner so that the outcome from the visual examination and any equipment used for examination, together with the complete examination of a motor vehicle or trailer for the issue of a certificate of fitness;

(h) the inspection of examination stations at which and the equipment with which the examination of a motor vehicle or trailer is to be carried out;

(i) the manner in which an application may be made for the examination of a motor vehicle or trailer;

(j) the fee to be paid for the examination of motor vehicles and trailers;

(k) the fee to be paid for any further examination of motor vehicles and trailers which have been found not to comply with this Act;

(l) the manner in which an appeal may be brought under this Part;

(m) the form of, and the particulars to be contained in, a certificate of fitness, its display and production on demand to any police officer or any officer authorised by the Chief Commissioner;

[Amended 18/19 (cio 16/9/19).]

(n) the form of a notice of refusal to issue a certificate of fitness;

(o) the conditions for the issue of a duplicate of a certificate of fitness lost or defaced and the fee payable therefore;

(p) the custody by an authorised examiner of a register of certificates of fitness in a form to be approved by the Chief Commissioner and the inspection of such register by such persons as the Chief Commissioner may authorise;

[Amended 18/19 (cio 16/9/19).]

(q) the custody by an authorised examiner of such records as may be prescribed and the furnishing of returns and information, including any other documentation as the Chief Commissioner may require.

[Amended 18/19 (cio 16/9/19).]

123(2)

(2) Regulations made under this section may -

(a) make different provisions in respect of different motor vehicles or trailers or classes of motor vehicles or trailers; and

(b) provide that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 25,000 rupees and to imprisonment for a term not exceeding one year.

123A(1)

(1) (a) Any person who drives a motor vehicle dangerously on a road or other public place, or at a speed, or in a manner, which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the road or public place, and the amount of traffic which is actually, or which might reasonably be expected to be, on the road or public place, shall commit an offence and shall, on conviction, be liable to a fine of not less than 10,000 rupees nor more than 20,000 rupees and to imprisonment for a term not exceeding 6 months.

[Amended 23/16 (cio 18/12/16).]

(b) In the case of a second or subsequent conviction, the offender under paragraph (a) shall be liable to a fine of not less than 25,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 12 months.

[Amended 23/16 (cio 18/12/16).]

123A(2)

(2) Section 153 of the Criminal Procedure Act shall not apply to a fine imposed under this section.

123B(1)

(1) Any person who causes the death of another person by driving a motor vehicle dangerously on a road or other public place, or at a speed, or in a manner, which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road or other public place, and the amount of traffic which is actually, or which might reasonably be expected to be, on the road or public place, shall commit an offence and shall, on conviction, be liable to a fine of not less than 100,000 rupees nor more than 250,000 rupees and to imprisonment for a term not exceeding 5 years.

[Amended 23/16 (cio 18/12/16); 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

123B(1A)

(1A) In the case of a second or subsequent conviction, the offender under subsection (1) shall be liable to a fine of not less than 400,000 rupees nor more than 800,000 rupees and to imprisonment for a term of not less than 12 months nor more than 8 years.

[Inserted 23/16 (cio 18/12/16); 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

123B(2)

(2) If, upon the trial of a person for an offence under this section, the Court is satisfied that his driving was not the cause of the death, but is satisfied that he is guilty of driving as specified in section 123A(1), the Court may substitute the charge under section 123A for the charge under this section and convict him of an offence under section 123A.

123B(3)

(3) Notwithstanding -

(a) section 114 of the Courts Act; and

(b) section 72(5) of the District and Intermediate Courts (Criminal Jurisdiction) Act, a District Court or the Intermediate Court shall have jurisdiction to try an offence under subsection (1) and may impose any penalty provided for that offence.

[Added 15/26 (cio 4/9/26).]

123B(4)

(4) Section 153 of the Criminal Procedure Act shall not apply to a fine imposed under this section.

123BA(1)

(1) Where any person causes the death of another person by driving a motor vehicle on a road or any public place without being the holder of a driving licence, a provisional driving licence or an international driving permit, he shall commit an offence and shall -

(a) on a first conviction, be liable to a fine of not less than 200,000 rupees nor more than 500,000 rupees and to imprisonment for a term not exceeding 5 years;

(b) on a second or subsequent conviction, be liable to a fine of not less than 500,000 rupees nor more than one million rupees and to imprisonment for a term of not less than 12 months nor more than 8 years.

123BA(2)

(2) Any person who is convicted of an offence under subsection (1) shall, in addition to any penalty provided for under subsection (1), be disqualified from holding or obtaining a driving licence in Mauritius for a minimum period of 5 years.

123BA(3)

(3) Section 153 and Part X of the Criminal Procedure Act, the Probation of Offenders Act and the Community Service Order Act shall not apply to a person liable to be sentenced under subsection (1).

123C(1)

(1) Any person who drives a motor vehicle on a road or other public place -

(a) without due care and attention; or

(b) without reasonable consideration for other persons using the road or public place, shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 15,000 rupees and to imprisonment for a term not exceeding 6 months.

[Amended 23/16 (cio 18/12/16).]

123C(2)

(2) In the case of a second or subsequent conviction, the offender under subsection (1) shall be liable to a fine of not less than 10,000 rupees nor more than 20,000 rupees and to imprisonment for a term not exceeding 6 months.

[Amended 23/16 (cio 18/12/16).]

123C(3)

(3) Section 153 of the Criminal Procedure Act shall not apply to a fine imposed under this section.

123D(1)

(1) Where a person causes the death of another person by driving a motor vehicle on a road or any other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and -

(a) at the time of driving, he is under the influence of alcohol and the proportion of the alcohol in his breath, blood or urine exceeds the prescribed limit;

(b) at the time of driving, he is under the influence of a drug specified in Part I of the Thirteenth Schedule;

(c) at the time of driving, he is under the influence of a drug specified in Part II of the Thirteenth Schedule and the proportion of the drug in his blood exceeds the specified limit;

[Amended 29/25 (cio 1/1/26).]

(d) at the time of driving, he is under the influence of an intoxicating substance in breach of section 123E; or

[RR 29/25 (cio 1/1/26).]

(e) at the time of driving, he is not holder of a valid driving licence, valid provisional driving licence or valid international driving permit,

[Added 29/25 (cio 1/1/26).]

he shall commit an offence and shall, on conviction, be liable to a fine of not less than 200,000 rupees nor more than 500,000 rupees and to imprisonment for a term not exceeding 5 years.

[Amended 23/16 (cio 18/12/16); RR 6/19 (cio 1/6/22); Amended 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

123D(1A)

(1A) In the case of a second or subsequent conviction, the offender under subsection (1) shall be liable to a fine of not less than 500,000 rupees nor more than one million rupees and to imprisonment for a term of not less than 12 months nor more than 8 years.

[Inserted 23/16 (cio 18/12/16); Amended 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

123D(2)

(2) Section 153 and Part X of the Criminal Procedure Act, the Probation of Offenders Act and the Community Service Order Act shall not apply to a person liable to be sentenced under subsection (1).

123D(3)

(3) Notwithstanding -

(a) section 114 of the Courts Act; and

(b) section 72(5) of the District and Intermediate Courts (Criminal Jurisdiction) Act, a District Court or the Intermediate Court shall have jurisdiction to try an offence under subsection (1) and may impose any penalty provided for that offence.

[Added 15/26 (cio 4/9/26).]

123E(1)

(1) No person shall -

(a) ride a cycle on a road or any other public place;

(b) drive, or attempt to drive, a motor vehicle on a road or any other public place;

(c) drive, or attempt to drive, a vehicle which is involved in a road accident;

(d) be in charge of a motor vehicle on a road or any other public place; or

(e) occupy the front seat of a motor vehicle as a competent driver supervising a learner driver who is driving the motor vehicle on a road or any other public place, where he is under the influence of alcohol and the proportion of the alcohol in his breath, blood or urine exceeds the prescribed limit, or he is under the influence of a drug specified in Part I of the Thirteenth Schedule, or he is under the influence of a drug specified in Part II of the Thirteenth Schedule and the proportion of the drug in his blood exceeds the specified limit, or he is under the influence of an intoxicating substance.

123E(2)

(2) (a) A person who commits an offence under subsection (1)(a) shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 25,000 rupees.

(b) The offender under paragraph (a) shall, in the case of a second or subsequent conviction, be liable to a fine of not less than 25,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 12 months.

123E(3)

(3) (a) A person who commits an offence under subsection (1)(b), (c), (d) or (e) shall, on conviction, be liable to a fine of not less than 20,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 5 years.

(b) The offender under paragraph (a) shall, in the case of a second or subsequent conviction, be liable to a fine of not less than 50,000 rupees nor more than 75,000 rupees together with imprisonment for a term of not less than 12 months nor more than 8 years.

123E(4)

(4) For the purpose of subsection (1)(d), the person shall not be deemed to have been in charge of the motor vehicle where he shows that, at the material time, the circumstances were such that there was no likelihood of him driving the motor vehicle so long as he remained so unfit to drive.

123E(5)

(5) Sections 152 and 153 and Part X of the Criminal Procedure Act, the Community

Service Order Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under this section.

123F(1)

(1) Subject to section 123K, where a police officer in uniform has reasonable ground to suspect that a person is under the influence of alcohol pursuant to an offence under section 123D or 123E -

(a) (i) he shall require that person to provide a specimen of breath for a breath test, either at or near the place where the requirement is made or at the nearest police station where the test may be carried out; and

(ii) where the breath test carried out pursuant to subparagraph (i) indicates that the proportion of alcohol in the person's breath, blood or urine is likely to exceed the prescribed limit, he shall require that person to -

(A) provide 2 specimens of breath for analysis by means of a device of a type approved by the Minister; or

(B) provide, at a hospital, a specimen of blood or 2 specimens of urine, or both, for a laboratory test;

(b) he shall require that person to provide 2 specimens of breath for analysis by means of a device of a type approved by the Minister; or

(c) he shall require that person to provide, at a hospital, a specimen of blood or 2 specimens of urine, or both, for a laboratory test.

123F(2)

(2) Where the provision of a specimen of blood or 2 specimens of urine is required pursuant to subsection (1)(a)(ii)(B) or (1)(c), the question as to whether it is to be a specimen of blood or 2 specimens of urine shall be decided by the police officer making the requirement, but where a medical practitioner is of the opinion that, for medical reasons, a specimen of blood cannot or should not be taken, 2 specimens of urine shall be taken.

123F(3)

(3) (a) Where a person is required to provide 2 specimens of breath for analysis or a specimen of blood for a laboratory test under this section, he shall provide the 2 specimens of breath or the specimen of blood within 12 hours of the offence committed under section 123D or 123E.

(b) Where a person is required to provide 2 specimens of urine for a laboratory test under this section, he shall provide the 2 specimens of urine within 12 hours of the offence committed under section 123D or 123E, subject to the second specimen of urine being provided not later than one hour after the provision of the first specimen of urine.

123F(4)

(4) (a) Subject to paragraph (b), where 2 specimens of breath are provided for analysis by any person under this section, the specimen with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.

(b) Where the specimen of breath with the lower proportion of alcohol contains no more than 11 micrograms of alcohol in 100 millilitres of breath, the person who provided it may claim that it should be replaced by a specimen of blood or 2 specimens of urine and, where he provides such a specimen, neither specimen of breath shall be used.

123F(5)

(5) (a) A police officer shall, on requiring any person to provide a specimen of breath for a breath test, a specimen of breath for analysis or a specimen of blood or urine for a laboratory test under this section, warn him that a failure, without reasonable excuse, to provide the specimen may render him liable to prosecution and may be used against him as evidence.

(b) In a prosecution under section 123D or 123E, a failure, without reasonable excuse, by a person to provide a specimen of breath for a breath test, a specimen of breath for analysis or a specimen of blood or urine for a laboratory test where required to do so under this section shall be held against him as prima facie evidence that at the material time the proportion of alcohol in his breath, blood or urine exceeded the prescribed limit.

(c) Paragraph (b) shall not apply where the person has not been warned by a police officer in accordance with paragraph (a).

123G(1)

(1) (a) Subject to section 123K, where a police officer has reasonable ground to suspect that a person is under the influence of a drug pursuant to an offence under section 123D or 123E, he shall require that person to undergo a field impairment test, either at or near the place where the requirement is made or at the nearest police station where the test may be carried out.

(b) The police officer shall, while conducting the field impairment test, fill in the field impairment questionnaire set out in the Fourteenth Schedule.

123G(2)

(2) Where a field impairment test is carried out pursuant to subsection (1) and the police officer has reasonable ground to suspect that the person's physical state is impaired, he shall require the person to provide a specimen of saliva for a preliminary drug test either at or near the place where the requirement is made or at the nearest police station where the test may be carried out, or to provide a specimen of urine for a preliminary drug test at a hospital.

123G(3)

(3) (a) Where a preliminary drug test indicates that a person is under the influence of a drug, a police officer shall require that person to provide, at a hospital, a specimen of blood for a laboratory test.

(b) Notwithstanding paragraph (a), where a medical practitioner is of the opinion that, for medical reasons, a specimen of blood cannot or should not be taken, the police officer shall require that person to provide a specimen of urine for a laboratory test.

123G(4)

(4) (a) A police officer shall, on requiring any person to undergo a field impairment test, or to provide a specimen of saliva or urine for a preliminary drug test, or to provide a specimen of blood or urine for a laboratory test, under this section, warn him that a failure, without reasonable excuse, to provide the specimen may render him liable to prosecution and may be used against him as evidence.

(b) In a prosecution under section 123D or 123E, a failure, without reasonable excuse, by a person to undergo a field impairment test, or to provide a specimen of saliva or urine for a preliminary drug test, or to provide a specimen of blood or urine for a laboratory test, where required to do so under this section shall be held against him as prima facie evidence that at the material time he was under the influence of a drug.

(c) Paragraph (b) shall not apply where the person has not been warned by a police officer in accordance with paragraph (a).

123H(1)

(1) (a) Where, pursuant to section 123G(1), a preliminary drug test does not indicate that the person is under the influence of a drug but the police officer has reasonable ground to suspect that the person's physical state is impaired, he shall require that person to provide, at a hospital, a specimen of blood for a laboratory test.

(b) Notwithstanding paragraph (a), where a medical practitioner is of the opinion that, for medical reasons, a specimen of blood cannot or should not be taken, the police officer shall require that person to provide a specimen of urine for a laboratory test.

123H(2)

(2) (a) A police officer shall, on requiring any person to provide a specimen of blood or urine for a laboratory test under this section, warn him that a failure, without reasonable excuse, to provide the specimen may render him liable to prosecution and may be used against him as evidence.

(b) In a prosecution under section 123D or 123E, a failure, without reasonable excuse, by a person to provide a specimen of blood or urine where required to do so under this section shall be held against him as prima facie evidence that at the material time he was under the influence of an intoxicating substance.

(c) Paragraph (b) shall not apply where the person has not been warned by a police officer in accordance with paragraph (a).

123J(1)

(1) Subject to subsection (2), a police officer may arrest a person without warrant where that person refuses to -

(a) provide a specimen of breath for a breath test, a specimen of breath for analysis or a specimen of blood or urine for a laboratory test following a requirement under section 123F and the police officer has reasonable ground to suspect that the person is under the influence of alcohol;

(b) undergo a field impairment test following a requirement under section 123G and the police officer has reasonable ground to suspect that the person is under the influence of a drug;

(c) provide a specimen of saliva or urine for a preliminary drug test following a requirement under section 123G and the police officer has reasonable ground to suspect that the person is under the influence of a drug;

(d) provide a specimen of blood or urine for a laboratory test following a requirement under section 123G and the police officer has reasonable ground to suspect that the person is under the influence of a drug;

(e) provide a specimen of blood or urine for a laboratory test following a requirement under section 123H and the police officer has reasonable ground to suspect that the person is under the influence of an intoxicating substance.

123J(2)

(2) Notwithstanding subsection (1), a person shall not be arrested where he is at a hospital as a patient.

123JA(1)

(1) (a) A person, other than a person who rides a cycle on a road or any other public place, who, without reasonable excuse, fails to -

(i) provide a specimen of breath for a breath test following a requirement under section 123F;

(ii) undergo a field impairment test following a requirement under section 123G; or

(iii) provide a specimen of saliva or urine for a preliminary drug test following a requirement under section 123G, shall commit an offence and shall, on conviction, be liable to a fine of not less than 20,000 rupees nor more than 25,000 rupees.

(b) A person who rides a cycle on a road or any other public place who, without reasonable excuse, fails to provide a specimen of -

(i) breath for a breath test following a requirement under section 123F;

(ii) undergo a field impairment test following a requirement under section 123G; or

(iii) saliva or urine for a preliminary drug test following a requirement under section 123G, shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 25,000 rupees.

(c) In the case of a second or subsequent conviction, the offender under paragraph (a) or (b) shall be liable to a fine of not less than 25,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 12 months.

123JA(2)

(2) (a) A person, other than a person who rides a cycle on a road or any other public place, who, without reasonable excuse, fails to provide a specimen of -

(i) breath for analysis or a specimen of blood or urine for a laboratory test following a requirement under section 123F; or

(ii) blood or urine for a laboratory test following a requirement under section 123G or 123H, shall commit an offence and shall, on conviction, be liable to a fine of not less than 20,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 5 years.

(b) The offender under paragraph (a) shall, in the case of a second or subsequent conviction, be liable to a fine of not less than 50,000 rupees nor more than 75,000 rupees together with imprisonment for a term of not less than 12 months nor more than 8 years.

123JA(3)

(3) (a) A person who rides a cycle on a road or any other public place who, without reasonable excuse, fails to provide a specimen of -

(i) breath for analysis or a specimen of blood or urine for a laboratory test following a requirement under section 123F; or

(ii) blood or urine for a laboratory test following a requirement under section 123G or 123H, shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees nor more than 25,000 rupees.

(b) The offender under paragraph (a) shall, in the case of a second or subsequent conviction, be liable to a fine of not less than 25,000 rupees nor more than 50,000 rupees and to imprisonment for a term not exceeding 12 months.

123K(1)

(1) A person who has been admitted as a patient at a hospital shall not be required to provide a specimen of breath for a breath test, or to provide a specimen of blood or specimens of urine for a laboratory test, unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement and -

(a) if the requirement is then made, it shall be for the provision of a specimen at the hospital; but

(b) if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made.

123K(2)

(2) The ground on which the medical practitioner may object is that the requirement or the provision of a specimen or, in the case of a specimen of blood or urine, the warning required under section 123F(5)(a), 123G(4)(a) or 123H(2)(a), would be prejudicial to the proper care and treatment of the patient.

[Amended 6/19 (cio 1/6/22).]

123K(3)

(3) Any objection and the grounds thereof raised under this section shall be set out in a certificate under the hand of the medical practitioner in charge of the case.

123K(4)

(4) Where a medical practitioner specified in this section issues a certificate containing any statement which is false or misleading in a material particular, he shall commit an offence and shall, on conviction, be liable to imprisonment for a term of not less than 6 months.

123K(5)

(5) Part X of the Criminal Procedure Act, the Probation of Offenders Act and the Community Service Order Act shall not apply to a conviction under this section.

123L(1)

(1) A person required to provide a specimen of breath shall, upon the breath test showing alcohol in excess of the prescribed limit, or upon a refusal to submit to such a test, be detained at a police station until it appears to the police officer that, were that person then driving or attempting to drive a motor vehicle on a road or other public place, he would not be committing an offence under section 123D or 123E.

[RR 23/16 (cio 18/12/16); amended 6/19 (cio 1/6/22).]

123L(2)

(2) A person required to provide a specimen of saliva or urine shall -

(a) if the preliminary drug test indicates that the person is under the influence of a drug; or

(b) upon a refusal to submit to a preliminary drug test, be detained at a police station until it appears to the police officer that the physical state of the person is no longer impaired.

[RR 23/16 (cio 18/12/16); added 6/19 (cio 1/6/22); amended 15/26 (cio 4/9/26).]

123L(3)

(3) Where, pursuant to subsection (2), it appears to the police officer that the physical state of the person is no longer impaired, that person shall be dealt with in accordance with section 123LA.

[Added 15/26 (cio 4/9/26).]

123LA(1)

(1) Where a person -

(a) is reasonably suspected by the Police of having committed an offence under section 123D or 123E; or

[Amended 6/19 (cio 1/6/22).]

(b) fails, without reasonable excuse, to provide a specimen of his breath for a breath test or specimens of breath for analysis, or a specimen of blood or urine, or both, for a laboratory test when required to do so pursuant to section 123F, 123G or 123H,

[Amended 6/19 (cio 1/6/22).]

he shall, at the earliest opportunity after his physical state appears to be no longer impaired, be brought before a Magistrate.

[Amended 15/26 (cio 4/9/26).]

123LA(2)

(2) Where a person is brought before a Magistrate pursuant to subsection (1), a police officer shall make an application, in such form as may be prescribed, for an order under subsection (4).

[Repealed and replaced 15/26 (cio 4/9/26).]

123LA(3)

(3) The Magistrate shall -

(a) where a test carried out pursuant to section 123F on a person referred to in subsection (1)(a) shows that -

[Amended 6/19 (cio 1/6/22).]

(i) the proportion of alcohol in 100 millilitres of his breath is 46 micrograms or more;

(ii) the proportion of alcohol in 100 millilitres of his blood is 100 milligrammes or more; or

(iii) the proportion of alcohol in 100 millilitres of his urine is 134 milligrammes or more; or

(aa) where a test carried out pursuant to section 123G on a person referred to in subsection (1)(a) indicates that he is under the influence of a drug specified in Part I of the Thirteenth Schedule;

[Inserted 6/19 (cio 1/6/22).]

(ab) where a test carried out pursuant to section 123G on a person referred to in subsection (1)(a) indicates that he is under the influence of a drug specified in Part II of the Thirteenth Schedule and the proportion of the drug in his urine or blood exceeds the specified limit;

[Inserted 6/19 (cio 1/6/22).]

(ac) where a test carried out pursuant to section 123H on a person referred to in subsection (1)(a) indicates that he is under the influence of an intoxicating substance; or

[Inserted 6/19 (cio 1/6/22).]

(b) in the case of a person referred to in subsection (1)(b), after hearing evidence on oath, make an order pursuant to subsection (4) in the interest of public safety.

[Amended 15/26 (cio 4/9/26).]

123LA(3A)

(3A) Where any person is brought before a Magistrate under subsection (1) and the Magistrate is, for any reason, unable to reach a decision on the same day, he shall direct that person to surrender his driving licence, provisional driving licence or international driving permit until the Magistrate reaches a decision in the case.

[Inserted 15/26 (cio 4/9/26).]

123LA(4)

(4) Where the person referred to in subsection (1) -

(a) holds a driving licence, a provisional driving licence or an international driving permit, the Magistrate shall, unless he thinks fit to do otherwise, order that the person be disqualified from driving a motor vehicle for a period not exceeding 6 months from the date of the order;

[Amended 15/26 (cio 4/9/26).]

(b) does not hold a driving licence, a provisional driving licence or an international driving permit, the Magistrate shall unless he thinks fit to do otherwise, order that the person be disqualified from holding or obtaining a licence in Mauritius for a period not exceeding 12 months from the date of the order.

[Amended 15/26 (cio 4/9/26).]

123LA(5)

(5) (a) Where a person is disqualified from driving a motor vehicle under subsection (4)(a), the Magistrate shall order that person to surrender his driving licence, provisional driving licence or international driving permit, as the case may be, to the Court on the date of the order.

[Amended 15/26 (cio 4/9/26).]

(b) Any person who fails to surrender his licence or permit within the period specified in paragraph (a) 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.

123LA(6)

(6) The Magistrate may hear and determine an application made under subsection (1) as though it were a civil matter.

123LA(7)

(7) An appeal from the order of the Magistrate made under subsection (4) shall not operate as a stay of execution of that order.

123M(1)

(1) Where a specimen of breath for a breath test or for analysis a specimen of urine or saliva for a preliminary drug test -

[Amended 6/19 (cio 1/6/22).]

(a) is not sufficient to enable the test or the analysis to be carried out; and

(b) is not provided in such a way, including administration or intake of a thing which will affect the result of a breath test or preliminary drug test, as to enable the objective of the test or analysis to be satisfactorily achieved,

[Amended 6/19 (cio 1/6/22).]

the specimen shall be deemed not to have been provided for the purpose of this Act.

123M(2)

(2) A person shall provide a specimen of blood only if he consents to it being taken by a medical practitioner or a nursing officer and it is so taken by a disposable syringe.

123N(1)

(1) The Minister may make regulations prescribing the types, including shape and construction, of helmets to be worn by persons riding motorcycles and auto cycles so as to afford protection to such persons from injury in the event of accident.

123N(2)

(2) No person shall import, sell, or offer for sale or have in his possession for sale a protective helmet which is not of a type prescribed under this section.

123N(3)

(3) No person shall -

(a) ride a motorcycle or an auto cycle; or

(b) ride a motorcycle or auto cycle as a pillion rider, unless he wears securely on his head a protective helmet of a type prescribed under this section.

123N(4)

(4) No person shall wear a full face protective helmet unless he -

(a) riding a motorcycle or an auto cycle; or

(b) riding a motorcycle or an auto cycle as a pillion rider.

123N(5)

(5) 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 6 months.

[Amended 12/18 (cio 1/10/18).]

123P(1)

(1) No person shall promote or take part in a competition or trial of speed involving the use of motor vehicles on a road unless the competition or trial of speed is authorised, and is conducted in accordance with, any conditions imposed under this Act and regulations prescribed under this Act.

123P(2)

(2) The Minister may make regulations authorising the holding of competitions or trials of speed involving the use of motor vehicles on roads subject to such conditions, including conditions requiring the payment of fees.

123Q(1)

(1) A person shall not commit an offence under sections 123A, 123B or 123C by virtue of driving a vehicle in a public place or on a road if he shows that he was driving in accordance with an authorisation for a motoring event given under regulations made by the Minister.

123Q(2)

(2) Regulations under this section may in particular -

(a) prescribe the persons by whom, and limit the circumstances in which and the places in respect of which, authorisations may be given under the regulations;

(b) give directions with respect to the movement of, or the route to be followed by, vehicular traffic during any period, being directions which it is necessary or expedient to give in relation to that period to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic;

(c) include a direction that any road or part of a road specified in the direction will be closed during the period to vehicles or to vehicles of a class so specified;

(d) specify conditions which must be included among those incorporated in authorisations;

(e) provide for authorisations to cease to have effect in prescribed circumstances;

(f) provide for the procedure to be followed, the particulars to be given, and the amount of any fees to be paid, in connection with applications for authorisations;

(g) make different provisions for different cases.

123R(1)

(1) The Minister may make regulations requiring a person who is driving or riding a motor vehicle on a road to wear a seat belt of such description as may be prescribed.

123R(2)

(2) Regulations under this section -

(a) may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances; and

(b) may provide for any exceptions subject to such conditions as may be prescribed.

123R(3)

(3) Regulations made for the purposes of this section shall, subject to such conditions as may be prescribed, include an exemption for any person holding a certificate signed by a medical practitioner to the effect that it is undesirable on medical grounds for him to wear a seat belt.

123S(1)

(1) No person shall import, sell, or offer for sale or have in his possession for sale any seat belt which is not of a type approved by the Minister.

123S(2)

(2) Any person who contravenes subsection (1) shall commit an offence.

123U(1)

(1) A person shall commit an offence if he intentionally and without lawful authority or reasonable cause -

(a) causes anything to be on or over a road;

(b) interferes with a motor vehicle, trailer or cycle;

(c) interferes, removes, damages or tampers with -

(i) any fence, barrier, light or anything else placed on or near a road by a highway authority or the police;

(ii) a traffic sign placed on or near a road, in such circumstances that there is risk of danger of injury to a person, or serious damage to property.

123U(2)

(2) For the purposes of subsection (1)(c), anything placed on or near a road shall, unless the contrary is proved, be deemed to have been lawfully placed there.

123V(1)

(1) No person shall drive on a road any vehicle which causes, or is liable to cause, danger to a person by reason of the load or part of it being insecurely fastened and falling, or liable to fall, from the vehicle, or projecting from the vehicle.

123V(2)

(2) The Minister may make such regulations as he thinks fit for the purpose of securing loads on vehicles.

123V(3)

(3) Any person who contravenes subsection (1) or any regulations made under subsection (2) shall commit an offence.

123X(1)

(1) Any person who, for the purpose of being carried, takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road shall commit an offence.

123X(2)

(2) Any person who, for the purpose of being drawn, takes or retains hold of a motor vehicle or trailer while in motion on a road shall commit an offence.

123Y(1)

(1) No driver of a motorcycle or an auto cycle shall carry more than one person as pillion rider on his vehicle.

123Y(2)

(2) No person in addition to the driver shall be carried on a two-wheeled motorcycle or an auto cycle otherwise than sitting astride the motorcycle or autocycle and on a proper seat securely fixed behind the driver's seat.

123Y(3)

(3) Where any person is carried on a motorcycle or an auto cycle in contravention of this section, the driver of the motorcycle or auto cycle shall commit an offence.

123Z(1)

(1) Any person who rides a cycle on a road dangerously shall commit an offence.

123Z(2)

(2) For the purpose of subsection (1), a person is to be regarded as riding dangerously if -

(a) the way he rides falls far below what would be expected of a competent and careful cyclist; or

(b) he is riding a cycle in a dangerous state, such that there is a danger of injury to a person or of serious damage to property.

123AC(1)

(1) No person shall promote or take part in a competition or trial of speed on a road between cycles unless the competition or trial of speed is authorised and is conducted in accordance with any conditions imposed under this Act or regulations prescribed under this Act.

123AC(2)

(2) The Minister may make regulations authorising the holding of competitions or trials of speed involving the use of cycles on a road subject to such conditions, including conditions requiring the payment of fees.

123AC(3)

(3) Without prejudice to any other powers exercisable in that behalf, the

Commissioner of Police may give directions with respect to the movement of, or the route to be followed by, vehicular traffic during any period, being directions which it is necessary or expedient to give in relation to that period to prevent or mitigate -

(a) congestion or obstruction of traffic; or

(b) danger to or from traffic, in consequence of the holding of a competition or trial of speed authorised by or under regulations under this section.

123AC(4)

(4) Directions under subsection (3) above may include a direction that any road or part of a road specified in the direction will be closed during the period to vehicles or to vehicles of a class so specified.

123AD(1)

(1) Any person driving a vehicle who neglects or refuses to -

(a) stop the vehicle; or

(b) make it proceed in, or keep to, a particular line of traffic, when directed to do so by the police officer or a traffic warden in uniform in the execution of his duty, shall commit an offence.

123AD(2)

(2) Where a traffic sign, being a sign of the prescribed size, colour and type authorised under section 184 or 185 has been placed on or near a road, a person driving a vehicle who fails to comply with the indication given by the sign shall commit an offence.

123AD(3)

(3) Where -

(a) a traffic survey of any description is being carried out on, or in the vicinity of a road; and

(b) a police officer or a traffic warden in uniform gives to a person driving a vehicle a direction to -

[Amended 10/23 (cio 21/8/23).]

(i) stop the vehicle;

(ii) make it proceed in, or keep to, a particular line of traffic; or

(iii) proceed to a particular point on, or near the road on which the vehicle is being driven, being a direction given for the purpose of the survey, the person shall commit an offence if he neglects or refuses to comply with the direction.

123AD(4)

(4) Any direction given by a police officer shall override a traffic sign.

123AD(5)

(5) Any traffic sign placed on or near a road shall be presumed to have been lawfully placed.

123AE(1)

(1) No person shall, whilst driving a motor vehicle or riding a cycle on a road or public place, use -

(a) a handheld mobile phone; or

(b) a handheld interactive communication device.

[Repealed and replaced 15/26 (cio 4/9/26).]

123AE(2)

(2) Any person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees.

[Amended 12/18 (cio 1/10/18).]

123AE(3)

(3) Subsection (1) shall not apply to a vehicle when it is being used for police, fire or ambulance purposes.

123AE(4)

(4) In this section -

"interactive communication device" includes -

(a) any device used for -

(i) providing access to the Internet;

(ii) sending or receiving oral or written messages;

(iii) sending or receiving facsimile or electronic documents; or

(iv) sending or receiving still or moving images;

(b) a personal digital assistant, a laptop computer, a portable computing device, a pager or an electronic game.

[Added 15/26 (cio 4/9/26).]

123AE(5)

(5) (a) Any offence committed under the repealed subsection (1) prior to the commencement of this subsection shall be so investigated as if subsection (1) had not been repealed.

(b) Any FPN served on a person in respect of an offence committed under the repealed subsection (1) shall, on the commencement of this subsection, be valid and sections 191, 192 and 193 shall continue to apply as if subsection (1) had not been repealed.

(c) A prosecution in respect of an offence committed under the repealed subsection (1) may, on the commencement of this subsection, be instituted under that repealed subsection as if subsection (1) had not been repealed.

(d) The Court shall, in respect of any prosecution under this subsection, have all the powers that it could exercise pursuant to the repealed subsection (1) as if subsection (1) had not been repealed.

[Added 15/26 (cio 4/9/26).]

123AF(1)

(1) Where a police officer in uniform is for the time being engaged in the regulation of vehicular traffic on a road, a pedestrian who proceeds across, or along, the road in contravention of a direction to stop given by the police officer, in the execution of his duty, shall commit an offence.

123AF(2)

(2) (a) A police officer may require a pedestrian committing an offence under subsection (1) to give his name and address.

(b) A pedestrian who fails to comply with paragraph (a) shall commit an offence and may be arrested without warrant.

123AG(1)

(1) Penalty points shall be allocated to the holder of a driving licence, a provisional driving licence or an international driving permit in accordance with this section, and section 192, 193, 195 or 196, as the case may be.

123AG(2)

(2) Subject to subsection (3), every penalty point allocated to the holder of a driving licence, a provisional driving licence or an international driving permit shall remain effective -

(a) for a period not exceeding 36 months from the date on which the penalty point is allocated; or

(b) until it has been taken into account for the purpose of a disqualification order under section 123AH, whichever occurs earlier, and shall, as from that date, no longer be effective.

123AG(3)

(3) Notwithstanding subsection (2), where an application for disqualification is made to the Court by the licensing officer or any officer deputed by him, the penalty points already allocated to that person shall remain effective until the determination of the Court.

123AG(4)

(4) Where a person is convicted of an offence specified in the second column of the Third Schedule, the Court shall, in case the person is the holder of a driving licence, a provisional driving licence or an international driving permit -

(a) require the licensing officer or any officer deputed by him to produce a Penalty Points Certificate in relation to the convicted person;

(b) in addition to any other sentence, including a monetary or custodial sentence which it deems fit to pass, allocate, subject to subsection (5), penalty points within the range specified in the third column of the Schedule;

(c) disqualify, where appropriate, the convicted person in accordance with section 123AH; and

(d) within 14 days from the date the penalty points are allocated to the convicted person under paragraph (b), or disqualifying the convicted person in accordance with section 123AH, inform the licensing officer of the fact by means of an Endorsement Certificate.

123AG(5)

(5) (a) Where the holder of a driving licence, a provisional driving licence or an international driving permit has, on a single occasion, committed more than one offence specified in the second column of the Third Schedule, the Court shall, subject to paragraph (b), allocate the largest number of penalty points in respect of the offence carrying the highest range of penalty points.

(b) Where the same range of penalty points is provided for 2 or more offences, the Court shall allocate the largest number of penalty points in respect of any offence.

123AG(6)

(6) (a) Any person to whom penalty points have been allocated pursuant to subsection (4)(b) may appeal against such decision in the same manner as against a sentence and the Court shall, pending the outcome of the appeal, suspend its decision.

(b) A Court from whose decision an appeal is made pursuant to paragraph (a) shall inform the licensing officer of the fact within 14 days of the date on which the appeal is made.

(c) A Court to which an appeal is made pursuant to paragraph (a) shall, within 14 days of its decision, inform the licensing officer in writing of the outcome of the appeal.

123AG(7)

(7) The licensing officer shall keep an up to date record of penalty points allocated to every holder of a driving licence, a provisional driving licence or an international driving permit.

123AG(8)

(8) On an application made by the holder of a driving licence, provisional driving licence or international driving permit, the licensing officer shall, on payment of such fee as may be prescribed, issue a Penalty Points Certificate, certifying the number of effective penalty points that have been allocated to him.

123AH(1)

(1) Where, following an allocation of penalty points to a convicted person, the Court is satisfied that the convicted person has exceeded the permitted maximum number of penalty points, it shall at the same sitting and in accordance with section 52, disqualify the convicted person in the following manner -

(a) where the person is the holder of a driving licence, he shall be disqualified from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months nor more than 12 months;

(b) where the person is the holder of a provisional driving licence, his provisional driving licence shall be cancelled and he shall be disqualified from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months nor more than 12 months;

(c) where the person is the holder of a driving licence for one type or class of vehicle and a provisional driving licence for another type or class of vehicle, he shall be disqualified from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 6 months nor more than 12 months;

(d) where the person is the holder of an international driving permit, he shall be disqualified from driving in Mauritius all classes of motor vehicles for a period of not less than 6 months nor more than 12 months;

(e) where the person is the holder of a driving licence and an international driving permit, he shall be disqualified from holding or obtaining a driving licence for all classes of motor vehicles and from driving in Mauritius all classes of motor vehicles for a period of not less than 6 months nor more than 12 months;

(f) where the person is the holder of a provisional driving licence and an international driving permit, he shall be disqualified from holding or obtaining a driving licence for all classes of motor vehicles and from driving in Mauritius all classes of motor vehicles for a period of not less than 6 months nor more than 12 months; or

(g) where the person is not the holder of a driving licence, provisional driving licence or an international driving permit, he shall be disqualified from holding or obtaining a driving licence for all classes of motor vehicles for a period of not less than 12 months nor more than 24 months.

123AH(2)

(2) (a) Where, further to penalty points that have been allocated to a person, the licensing officer finds that the person has exceeded the permitted maximum number of penalty points, the licensing officer or any person deputed by him shall make an application in writing to the Court where the person was last allocated penalty points for the issue of a summons to the person to show cause why the person should not be disqualified in accordance with subsection (1).

(b) Where, pursuant to an application made under paragraph (a), the Court is satisfied that a person has exceeded the permitted maximum number of penalty points, it shall, at the same sitting and in accordance with section 52, disqualify the convicted person in accordance with subsection (1).

123AH(3)

(3) (a) Where a person is disqualified under subsection (1) or (2), 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 as soon as possible but not later than 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), before restoration of his licence pursuant to section 123AI(3);

(B) in the case of a person referred to in subsection (1)(b), before holding or obtaining a driving licence pursuant to section 123AI(5);

(C) in the case of a person referred to in subsection (1)(c), before restoration of his licence pursuant to section 123AI(3);

(D) in the case of a person referred to in subsection (1)(d), before restoration of his permit pursuant to section 123AI(4);

(E) in the case of a person referred to in subsection (1)(e), before restoration of his licence and permit pursuant to section 123AI(3) and (4);

(F) in the case of a person referred to in subsection (1)(f), before restoration of his licence and permit pursuant to section 123AI(3) and (4); or

(G) in the case of a person referred to in subsection (1)(g), before holding or obtaining a driving licence pursuant to section 123AI(6); and

(iii) where there is no appeal, forward the surrendered licence or permit, after endorsement, if any, to the licensing officer within 30 days from the date on which the licence or permit is surrendered; or

(iv) 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.

123AH(4)

(4) (a) Where a person who is the holder of a driving licence is disqualified by virtue of this section, the licence shall be retained by the licensing officer as long as the disqualification is in force and 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 this section, 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).

(c) Where a person who is the holder of an instructor's licence is disqualified under this section or Part IV from holding or obtaining a driving licence, the Court shall order that person to surrender his instructor's licence as soon as possible but not later than 5 days of the date of the order.

(d) An instructor's licence surrendered pursuant to paragraph (c) shall be retained by the licensing officer as long as the disqualification is in force and shall be suspended as from the date of disqualification until the restoration of the driving licence to its holder under section 123AI(3).

(e) A driving licence or an instructor's licence suspended by virtue of this section shall, during the time of suspension, be of no effect in Mauritius.

123AH(5)

(5) Where a person is disqualified on a second occasion under subsection (1) or (2) and the offences leading to his second disqualification have been committed within a period of 36 months from the date of expiry of his first disqualification, the Court shall, at the same sitting, cancel his driving licence.

123AH(6)

(6) (a) A person who, by virtue of an order of a Court under this section -

(i) is disqualified from holding or obtaining a driving licence;

(ii) is disqualified from driving in Mauritius;

(iii) has had his driving licence or provisional driving licence cancelled, may appeal against the order in the same manner as against a conviction and the Court shall, pending the outcome of the appeal, suspend the operation of the order.

(b) (i) A Court from whose decision an appeal is made pursuant to paragraph (a) shall inform the licensing officer of the fact within 14 days of the date on which the appeal is made.

(ii) A Court to which an appeal is made pursuant to paragraph (a) shall, within 14 days of its decision, inform the licensing officer in writing of the outcome of the appeal.

123AH(7)

(7) A person who fails to surrender -

(a) his driving licence, provisional driving licence or international driving permit within the period specified in subsection (3)(a)(i); or

(b) his instructor's licence within the period specified in subsection (4)(c), shall commit an offence and shall, on conviction, be liable to a fine of not less than 10,000 rupees but not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months.

123AH(8)

(8) For the purpose of this section and section 123AG(1) -

(a) a person who is the holder of a driving licence for one type or class of vehicle and is also the holder of a provisional driving licence for another type or class of vehicle, shall be deemed to be the holder of a driving licence;

(b) a conviction shall not be taken into account more than once by a Court for the purpose of a disqualification order.

123AI(1)

(1) A rehabilitation course shall be a course -

(a) which is aimed at improving the driving behaviour of a person disqualified under this Act;

(b) the contents of which are approved by the Commissioner of Police; and

(c) which shall be conducted by the Commissioner of Police or such other person as he may authorise in writing.

123AI(2)

(2) Where a person completes a rehabilitation course, he shall be issued with a rehabilitation certificate in such form as the Commissioner of Police may approve.

123AI(3)

(3) The licensing officer shall not restore a driving licence surrendered under this Act or a provisional driving licence surrendered under Part IV to its holder, unless -

(a) the disqualification period has elapsed;

(b) the holder makes an application in writing to the licensing officer for the restoration of his licence; and

(c) the licensing officer is satisfied that the holder has completed a rehabilitation course.

123AI(4)

(4) (a) The licensing officer shall not restore a surrendered international driving permit to its holder unless -

(i) (A) the disqualification period has elapsed;

(B) the holder makes an application in writing to the licensing officer for the restoration of his permit; and

(C) the licensing officer is satisfied that the holder has completed a rehabilitation course; or

(ii) on an application made to the Court which disqualified the holder, that Court is satisfied that the holder is about to leave Mauritius and makes an order for such restoration, whichever is the earlier.

(b) Where a person to whom his permit has been restored under paragraph (a)(ii) returns to Mauritius within the disqualification period, he shall surrender his permit to the licensing officer within 5 days of his return.

123AI(5)

(5) A person whose driving licence or provisional driving licence has been cancelled shall not obtain a driving licence unless -

(a) the disqualification period has elapsed;

(b) the licensing officer is satisfied that that person has completed a rehabilitation course; and

(c) the person passes the prescribed test of competence to drive under section 44.

123AI(6)

(6) Where a person who does not hold a driving licence, a provisional driving licence or an international driving permit is disqualified from holding or obtaining a driving licence under this Act, he shall not obtain a driving licence unless -

(a) the disqualification period has elapsed;

(b) the licensing officer is satisfied that the holder has completed a rehabilitation course; and

(c) he passes the prescribed test of competence to drive under section 44.

123AI(7)

(7) The licensing officer shall not restore a surrendered instructor's licence to its holder unless -

(a) the holder makes an application in writing to the licensing officer for the restoration of his instructor's licence; and

(b) the driving licence of that holder is restored under subsection (3).

123AJ(1)

(1) Subject to subsection (6), the holder of a driving licence or an international driving permit who has accumulated at least 10 penalty points but not more than 14 penalty points may make an application to the Court for redemption of a maximum of 3 penalty points.

123AJ(2)

(2) An application made under subsection (1) shall be made -

(a) in the redemption application form; and

(b) after the holder of the driving licence or international driving permit has completed a rehabilitation course.

123AJ(3)

(3) Where the Court is satisfied that the holder of the driving licence or international driving permit has completed a rehabilitation course for the purpose of subsection (1), it may, subject to subsection (4), redeem a maximum of 3 penalty points from the penalty points allocated for his last offence.

123AJ(4)

(4) Where the Court makes a determination under subsection (3) or rejects an application made under subsection (1), it shall, not later than 14 days after the decision of the Court, inform the licensing officer of such decision.

123AJ(5)

(5) No penalty points shall be redeemed where the total penalty points of the holder of the driving licence or international driving permit exceeds 15 before the Court determines the application.

123AJ(6)

(6) No subsequent application for redemption of penalty points shall be made by the holder of the driving licence or international driving permit unless a period of 36 months has lapsed from the date of his last application for redemption of penalty points.

123AJ(7)

(7) In this section -

"Court" means the Court that allocated the holder of the driving licence or international driving permit with penalty points for his last offence;

"driving licence" does not include a provisional driving licence.

123AK(1)

(1) The Minister may -

(a) prepare a Highway Code comprising such directions as appear to him to be proper for the guidance of any person using a road;

(b) from time to time revise the Highway Code by revoking, varying, amending or adding to the provisions of the Code in such manner as he may determine.

123AK(2)

(2) The Minister may -

(a) cause the Highway Code and every revised edition of the Code to be printed and to be issued to the public without charge or at such price as he may determine;

(b) take such other steps as he may determine for securing that the provisions of the Code shall be brought to the notice of the public.

123AK(3)

(3) (a) 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.

(b) Any failure under paragraph (a) may, in any proceedings whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

123AL(1)

(1) The Minister, on the advice of the National Road Safety Council -

(a) may disseminate information or advice relating to road safety;

(b) shall prepare and carry out a programme of measures designed to promote road safety.

123AL(2)

(2) The Minister shall -

(a) after causing such studies into accidents arising out of the use of vehicles on roads, as he considers desirable, to be carried out, take such measures as appear to the Minister to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of roads, the giving of practical training to road users, the construction, improvement, maintenance or repair of roads and other measures taken in the exercise of his powers for controlling, protecting or assisting the movement of traffic on roads; and

(b) in the construction of new roads, traffic centres and in the implementation of new traffic schemes, carry out road safety audits and take such measures as appear to the Minister to be appropriate to reduce the possibilities of such accidents when the roads, traffic centres or schemes come into operation.

123AM(1)

(1) Every lane of a dual carriageway shall be numbered in such a manner that the lane contiguous to and to the left of the central reservation shall be numbered the first lane of that carriageway, and the lane to the left of the first lane of that carriageway shall be numbered the second lane, and so forth.

123AM(2)

(2) No person shall drive a vehicle other than an emergency vehicle, a bicycle, an electric cycle, auto cycle or a motorcycle, or allow a vehicle to remain at rest on a hard shoulder except in case of mechanical breakdown, accident, illness, or to permit any person to attend to an emergency.

123AM(3)

(3) A person shall drive his vehicle on the left lane of a dual carriageway, except where -

(a) he is turning right at a junction;

(b) he is overtaking;

(c) directed by a police officer or traffic signs;

(d) he has to select another lane at a junction to reach his destination;

(e) he is avoiding an obstruction; or

(f) the traffic is congested on the left lane.

123AM(4)

(4) No person driving a vehicle shall overtake another moving vehicle on the left except where -

(a) a signal to turn right is being displayed on the person's vehicle in front and there is room for it to be safely overtaken on the left; or

(b) traffic is moving slowly in queues and the vehicle is in a queue which is moving faster than the queue on the right.

123AM(5)

(5) No person shall drive a -

(a) vehicle drawing a trailer;

(b) goods vehicle with a maximum gross weight exceeding 3.5 tonnes; or

(c) passenger vehicle constructed or adapted to carry 14 or more persons, including the driver, on the first lane of a dual carriageway with 3 or more lanes except when turning right at a junction.

123AM(6)

(6) Any person who contravenes this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 2,000 rupees.

123AM(7)

(7) In this section -

"lane" means a longitudinal division of a carriageway intended to accommodate a single line of vehicles moving in the same direction;

"left lane" means a lane contiguous to a hard shoulder or where there is no hard shoulder, the lane found to the outermost left side of the carriageway.

123AN(1)

(1) Any person who, whilst being a road user -

(a) assaults or threatens to assault another road user;

(b) uses aggressive, threatening, violent, abusive or insulting words, or engages in aggressive, threatening, violent, abusive or insulting behaviour, towards another road user;

(c) uses an offensive weapon with the intention to cause harm to another road user;

(d) climbs or jumps on another road user's moving or stationary vehicle without having been authorised to do so;

(e) forcibly opens or attempts to open another road user's moving or stationary vehicle;

(f) damages another road user's property or moving or stationary vehicle;

(g) blocks, obstructs, hinders or restricts the free passage of another road user or vehicle on any road by any means, including through an illegal gathering, demonstration, sit-in, barricade or the placing of a vehicle or an object;

(h) causes public fear or commits an act likely to trigger an offence of public order or a breach of the peace, shall commit an offence and shall, on conviction, be liable to a fine of not less than 50,000 rupees nor more than 100,000 rupees and to imprisonment for a term not exceeding 12 months.

123AN(2)

(2) Where an act under subsection (1) starts on a road or public place and continues or ends in a private place, such act shall not cease to be an offence for the purpose of subsection (1).

123AN(3)

(3) In this section -

"offensive weapon" means any article made, or adapted for use, or suitable for causing injury to a person, or intended by a person having it in his possession or under his control for that use by him or by some other person;

"road user" means a driver, a rider, a cyclist, a passenger, a pedestrian or any other person using a road or any other public place.

123AP(1)

(1) Notwithstanding sections 173 and 173A, where, pursuant to section 123E -

(a) a breath test carried out pursuant to section 123F(1)(a)(i) or (c) indicates that the proportion of alcohol in a person's breath, blood or urine exceeds the prescribed limit;

(b) a drug test carried out pursuant to section 123G(2) indicates that the person is under the influence of a drug;

(c) a person fails to provide a specimen of his breath for a breath test or specimens of breath for analysis, or a specimen of blood or urine, or both, for a laboratory test following a requirement under section 123F, 123G or 123H, but the police officer has, irrespective of whether or not a field impairment test is carried out, reasonable ground to suspect that the person's physical state is impaired; or

(d) a person fails to undergo a field impairment test following a requirement under section 123G, but the police officer has reasonable ground to suspect that the person's physical state is impaired, the police officer shall, in the interest and safety of the public, take custody of the motor vehicle and take or cause to be taken the motor vehicle to a place of safety.

123AP(2)

(2) Where a motor vehicle is brought to a place of safety, the police officer shall affix seals to the motor vehicle, unless the physical state of the motor vehicle does not allow such seals to be affixed or is impracticable to do so.

123AP(3)

(3) Where a motor vehicle is seized under this section, it shall remain under the control of the Police until -

(a) it is released by order of the Commissioner of Police under section 123AR(3) or (4)(a); or

(b) it has been disposed of under section 123AS.

123AP(4)

(4) Any person who -

(a) breaks or removes the seals affixed to a motor vehicle pending the order of the Commissioner of Police under section 123AR(3) or (4)(a);

(b) removes a motor vehicle from the place of safety pending the order of the Commissioner of Police under section 123AR(3) or (4)(a); or

(c) otherwise damages a motor vehicle whilst being in the place of safety, shall commit an offence and shall, on conviction, be liable to a fine of not less than 50,000 rupees nor more than 100,000 rupees and to imprisonment for a term not exceeding 2 years.

123AP(5)

(5) Where a person is convicted for an offence under subsection (4), any expense incurred by, or on behalf of, the Commissioner of Police in relation to the offence shall be recoverable as a civil debt from that person.

123AQ(1)

(1) Where seals are affixed to a motor vehicle pursuant to section 123AP(2), the police officer shall, as soon as is reasonably practicable but not later than 2 days after seals are affixed, serve a seizure notice on the registered owner of the motor vehicle.

123AQ(2)

(2) A seizure notice shall, in respect of the motor vehicle to which it relates, be in such form as may be prescribed and shall contain, inter alia, the following information -

(a) the name of the driver and the owner;

(b) the registration number of the motor vehicle;

(c) the place where, and the offence for which, the motor vehicle was seized;

(d) the date on which the motor vehicle was seized;

(e) the place and address where the motor vehicle is being kept;

(f) the physical condition of the motor vehicle, with details of any dents or damage to the motor vehicle;

(g) the list of items and belongings in the motor vehicle at the time of seizure;

(h) the fees payable for the seizure, and release, of the motor vehicle;

(i) that the motor vehicle will remain seized until such fees are paid;

(j) the date by which, the place where, and the operating times during which, an application may be made to the Commissioner of Police for the release of the motor vehicle;

(k) the documents to be produced when applying for the release of the motor vehicle;

(l) that unless the motor vehicle is released on or before a given date, the motor vehicle may be disposed of by the Police; and

(m) such other information as the police officer may, in the circumstances, deem necessary.

123AQ(3)

(3) A seizure notice shall be served -

(a) in the case of an individual who is the owner of the motor vehicle -

(i) by delivering it to the owner; or

(ii) by sending it to the owner by registered post to his usual or last known place of address; and

(b) in the case of a company or any other entity which is the owner -

(i) by delivering it to the company's or other entity's usual or last known place of address; or

(ii) by sending it by registered post to the company's or other entity's usual or last known place of address.

123AR(1)

(1) Where a motor vehicle is seized pursuant to this Part, the owner of the motor vehicle, or any other person authorised in writing by him, may apply to the Commissioner of Police, in such form as may be prescribed, for the release of the motor vehicle.

123AR(2)

(2) An application under subsection (1) shall be accompanied by the non- refundable application fee as specified in the Fifteenth Schedule, together with the following documents -

(a) the National Identity Card or passport of the owner or, where applicable, that of the person authorised to make the application;

(b) the written authorisation to make the application on behalf of the owner, where applicable;

(c) the original horsepower of the motor vehicle;

(d) a valid certificate of insurance in respect of the motor vehicle; and

(e) a valid certificate of fitness, where applicable, in respect of the motor vehicle.

123AR(3)

(3) On receipt of an application under subsection (1), the Commissioner of Police shall cause the documents submitted by the applicant to be verified and subject to subsection (4), on being satisfied that the documents are in order, he may, on payment of the seizure fees and release fee as specified in the Fifteenth Schedule, together with towing fee, if any, issue a certificate of release ordering the release of the motor vehicle.

123AR(4)

(4) (a) Where an applicant does not submit the original horsepower, a valid certificate of insurance or a valid certificate of fitness in respect of the motor vehicle, and the Commissioner of Police is satisfied that there is no such document in respect of that motor vehicle, the Commissioner of Police may, on payment of the seizure fees and release fee as specified in the Fifteenth Schedule, issue a certificate of release ordering the release of the motor vehicle.

(b) Where the Commissioner of Police orders the release of a motor vehicle pursuant to paragraph (a), the motor vehicle shall be towed at the cost of the applicant to such place as he may determine.

123AS(1)

(1) Where a motor vehicle is not claimed by its owner within 3 months of being seized, the Commissioner of Police may, after giving one month's notice in 2 daily newspapers of his intention to do so, sell by public auction, or otherwise dispose of, the motor vehicle.

123AS(2)

(2) Any proceeds from the sale or disposal of the motor vehicle shall be applied in payment of any fees or charges incurred in implementing this section.

123AS(3)

(3) Any surplus shall be -

(a) paid to the owner of the motor vehicle; or

(b) where it is not claimed by the owner of the motor vehicle within 12 months after the date of its sale or disposal, forfeited to the Government.

123AT(1)

(1) The Minister may, for the purpose of this Part, make such regulations as he thinks fit.

123AT(2)

(2) Any regulations made under subsection (1) may provide -

(a) for the levying of fees and taking of charges;

(b) that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees; and

(c) for matters connected, consequential and related thereto.

124(1)

(1) Except as otherwise provided by this Act, no person shall drive a motor vehicle of any class or description on a road at a speed exceeding that which may be prescribed as the maximum speed in relation to a vehicle of that class or description.

124(2)

(2) The Minister may, by causing a traffic sign to be erected over any specified road, or part of a specified road, prohibit the driving of -

(a) motor vehicles generally; or

(b) particular classes of motor vehicles, above a specified speed, either generally or for a specified period, on that road or part of a road.

[Repealed and replaced 7/15 (cio 27/7/15).]

124(3)

(3) (a) Where a prohibition under subsection (2) remains in force, the Commissioner of Police shall cause to be maintained such traffic signs.

[Amended 7/15 (cio 27/7/15).]

(b) The traffic signs shall -

(i) state the substance of the prohibition; and

[Amended 7/15 (cio 27/7/15).]

(ii) be placed in such position as to give adequate notice to drivers of motor vehicles.

124(4)

(4) (a) Any person who drives a motor vehicle on a road at a speed exceeding a prescribed speed limit, or the speed limit indicated on a traffic sign erected under subsection (2), shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees or, in the case of a second or subsequent conviction, to a fine not exceeding 75,000 rupees.

(b) An offender under paragraph (a) shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of that witness, the offender was driving the motor vehicle at any particular speed.

129(1)

(1) (a) Where a person is charged with an offence under section 123A(1) and the Court is of the opinion that the offence is not proved, it may, at any time during or immediately after the hearing, without prejudice to any other power it may possess, direct or allow a charge for an offence under section 123C to be preferred against the accused and proceed with that charge.

(b) The accused shall be -

(i) informed of the new charge; and

(ii) given an opportunity, whether by way of cross-examining any witness whose evidence has already been given against him or otherwise, of answering the new charge.

(c) Where the Court considers that the accused is prejudiced in his defence by reason of the new charge being preferred against him, it shall adjourn the hearing.

129(2)

(2) An accused in whose case the requirements of section 130 have been satisfied, or do not apply, with regard to the alleged offence under section 123A(1), may, notwithstanding that those requirements have not been satisfied with regard to the alleged offence under section 123C, be convicted on a charge being preferred under subsection (1).

130(1)

(1) Where a person is prosecuted for an offence under -

(a) section 123A or 123C; or

(b) this Part relating to the maximum speed at which motor vehicles may be driven, he shall not, except in the case of an offence which is the subject of an FPN or a PEDN, be convicted unless, within 14 days of the commission of the offence, a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on, or sent by registered post to, him or to the person registered as the owner of the motor vehicle at the time of the commission of the offence.

[Amended 17/12 (cio 10/5/13).]

130(2)

(2) Failure to comply with subsection (1) shall not be a bar to the conviction of the accused in any case where the Court is satisfied that -

(a) the name and address of -

(i) the accused; or

(ii) the registered owner of the motor vehicle, could not, with reasonable diligence, have been ascertained in time for a notice to be served or sent under subsection (1); or

(b) the accused, by his own conduct, contributed to the failure.

130(3)

(3) This section shall, unless and until the contrary is proved, be deemed to have been complied with.

133(1)

(1) Where a person is convicted of an offence under section 239 of the Criminal Code in connection with the driving of a motor vehicle, the offence of which he is convicted shall, for the purpose of sections 52 and 134, be deemed to be an offence under this Act.

133(2)

(2) Where, on the trial of a person for an offence under subsection (1), the Court is -

(a) not satisfied that his driving was the cause of the death or of the wounds and blows, as the case may be; but

(b) is satisfied that he has committed an offence under section 123A, 123C, 123D or 123E,

[Amended 6/19 (cio 1/6/22).]

it may convict him of that offence, whether or not section 130 has been complied with in relation to that offence.

133(3)

(3) A police officer may, without warrant, arrest a person committing, or reasonably suspected of committing, an offence under this section.

134(1)

(1) A police officer may, without warrant, arrest -

(a) the driver of a motor vehicle found, or reasonably suspected of, committing an offence under sections 123A, 123B, 123BA, 123C, 123D or 123E; or

[Amended 6/19 (cio 1/6/22); 15/26 (cio 4/9/26).]

(b) a person who, on being required under this Act to give his name and address -

(i) refuses to do so; or

(ii) gives a name and address which the police officer has reason to believe is false.

134(2)

(2) (a) A person driving a motor vehicle on a road shall, on being required by a police officer in uniform or a traffic warden in uniform -

(i) stop the vehicle; and

(ii) keep the vehicle stationary until authorised by the police officer or traffic warden to drive it away.

[RR 10/23 (cio 21/8/23).]

(b) Any person who fails to comply with paragraph (a) shall commit an offence and shall, on conviction, be liable to a fine of not less than 25,000 rupees and nor more than 100,000 rupees.

[Amended 15/26 (cio 4/9/26).]

137(1)

(1) Where -

(a) a motor vehicle or trailer which contravenes this Act is used;

(b) a motor vehicle or trailer is used in such a state or condition or in such manner as to contravene this Act; or

(c) anything is done or omitted in connection with a motor vehicle or trailer in contravention of this Act, the driver of the motor vehicle or trailer at the time of the commission of the offence shall commit an offence, unless -

(i) it is expressly otherwise provided in this Act; or

(ii) the offence was not due to any act, omission, neglect or default on his part.

137(2)

(2) The owner of the motor vehicle or trailer under subsection (1) shall also commit an offence unless -

(a) it is expressly otherwise provided in this Act; or

(b) the offence was -

(i) committed in his absence and without his consent; and

(ii) not due to any act or omission on his part and he had taken all reasonable precautions to prevent it.

139(1)

(1) Any person who wilfully damages a traffic sign shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 3 months.

139(2)

(2) A police officer may, without warrant, arrest a person found committing an offence under subsection (1).

140(1)

(1) Where owing to the presence of a motor vehicle on a road, an accident occurs whereby damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall -

(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, stop his vehicle and remain at the scene of the accident until he has complied with paragraphs (b) and (c);

(b) take all reasonable steps to render reasonable assistance to any person injured in the accident and, if necessary, arrange for the conveyance of the person to the nearest hospital for medical treatment, unless the injured person or his guardian, in case he is a minor, desires otherwise;

(c) if required to do so by any person having reasonable grounds for so requiring, give -

(i) his name and address;

(ii) the name and address of the owner of the vehicle driven by him; and

(iii) the registration mark of the motor vehicle;

(d) if he has not already furnished the information referred to in paragraph (c) to a police officer at the scene of the accident, and unless he is incapable of doing so by reason of injuries sustained by him in the accident, report the accident at the nearest police station or to a police officer, as soon as is reasonably practicable, and in any case within one hour after the occurrence of such accident and there produce his driving licence and furnish such other information as may be required of him;

[Amended 23/16 (cio 18/12/16).]

(e) report the accident to his insurer as soon as is reasonably practicable, and in any case not later than 24 hours of the start of the insurer's next working day.

140(2)

(2) Subject to subsections (3) and (4), where, owing to the presence of a motor vehicle on a road, an accident occurs in consequence of which any person is killed or injured or damage is caused to any vehicle or structure, no person shall, except under the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or do any other act so as to destroy any evidence of the accident.

140(3)

(3) Where an accident causes complete obstruction of a road, any vehicle involved may, without the authority specified in subsection (2) and after its position has been clearly marked on the surface of the road by any person moving it, be moved sufficiently to allow the passage of traffic.

140(4)

(4) Where a person is seriously injured in an accident and there is no suitable means of transport other than the one involved in the accident, such vehicle may, after its position has been clearly marked on the surface of the road by any person moving it, be used to convey the injured person to a hospital.

140(5)

(5) If any person fails to comply with any of the provisions of this section, he shall 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 3 years.

[Amended 23/16 (cio 18/12/16).]

140(6)

(6) Where a person willfully and fraudulently marks a position other than the true position of a vehicle involved in an accident under subsection (3) or (4), 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.

140(7)

(7) In any prosecution for a contravention of any provision of this section, it shall be presumed, until the contrary is proved, that the accused was aware of the fact that the accident had occurred, and that he did not report the accident or furnish the information as required by subsection (1)(d) or (e).

140(8)

(8) Where any person, at the time he is required to produce his licence under subsection (1)(d), undertakes in writing to produce, and produces in person, his driving licence within 5 days at the police station specified in subsection (1) (d), he shall not commit an offence.

141(1)

(1) Where it appears to a police officer that, by reason of an accident having occurred owing to the presence of a vehicle on a road, it is essential that a test be carried out, he may -

(a) require it to be so carried out; and

(b) where he is not to carry it out himself, order the vehicle not to be taken away until the test has been carried out.

141(2)

(2) Where, in the opinion of a police officer, the vehicle is apparently so defective that it ought not to be allowed to proceed without a test being carried out, he may require the test to be carried out forthwith.

142(1)

(1) (a) In addition to any other power conferred by this Act, a police officer in uniform or a traffic warden in uniform may require the driver of a motor vehicle to stop or move his vehicle.

[Amended 10/23 (cio 21/8/23).]

(b) A police officer in uniform or a police officer or a road transport inspector not in uniform or a road traffic warden in uniform, who produces his identity card, may -

[Amended 10/23 (cio 21/8/23).]

(i) require the driver of a motor vehicle to furnish his name and address and give any other particulars required as to his identification;

(ii) require a person in a motor vehicle to furnish his name and address and give any other particulars required as to his identification and give such information as is in his power to give which may lead to the identification of the driver or owner of the vehicle;

(iii) - [Repealed 19/16 (cio 3/11/16).]

(iv) ascertain the dimensions of a motor vehicle or trailer or its laden weight or axle weights, and, for this purpose, require any person or goods to be removed from the motor vehicle or trailer;

(v) direct the removal from a motor vehicle or trailer of such passengers or goods as may cause the laden weight of the vehicle or trailer to exceed its gross weight; or

[Amended 19/16 (cio 3/11/16).]

(vi) - [Repealed 19/16 (cio 3/11/16).]

(vii) - [Repealed 19/16 (cio 3/11/16).]

(viii) drive or cause to be driven a motor vehicle where necessary in the exercise of his duties, to investigate whether an offence is being committed in relation to the motor vehicle.

(c) No police officer, road transport inspector or traffic warden in uniform inspector shall, unless he is the holder of a driving licence of the appropriate class, drive a motor vehicle in the exercise of any of the powers and duties conferred or imposed on him under this Act.

[Amended 10/23 (cio 21/8/23).]

(d) A vehicle examiner may, at any time, on production of his identification card, exercise, with respect to the weighing of public service vehicles and goods vehicles, all such powers as are exercisable by a police officer with respect to the weighing of motor vehicles and trailers.

[Added 19/16 (cio 3/11/16).]

142(2)

(2) The Minister may make regulations for -

(a) the taking and weighing of motor vehicles or trailers to weigh-bridges;

(b) the issue of certificates showing the recorded weight of the motor vehicles or trailers; and

(c) the exemption of motor vehicles or trailers that have been weighed from further weighings during the validity of the certificates.

142(3)

(3) A person who fails to comply with a request lawfully made under this section shall commit an offence.

143(1)

(1) (a) A police officer in uniform may stop a motor vehicle or trailer on which

(i) more than one person, in addition to the driver of the vehicle; or

(ii) goods, are being conveyed or suspected of being conveyed, for the purpose of ascertaining whether the vehicle is being used for a purpose for which the vehicle is not licensed to be used.

(b) A police officer in uniform, or a police officer or a road transport inspector not in uniform, who produces his identity card, may -

(i) require the driver of the motor vehicle to furnish his name and address, the name and address of the owner of the motor vehicle and particulars of the business in connection with which the motor vehicle is being used;

(ii) require a person who is on the motor vehicle suspected of being used for a purpose for which the motor vehicle is not licensed to be used or who is suspected of having been on the motor vehicle recently, to give his full name and address and to state whether or not any remuneration has been or is to be given by him for being conveyed on the motor vehicle; and

(iii) require the driver of, or any other person on, the motor vehicle to furnish the name and address of the sender and consignee and the names of the places between which any goods on the motor vehicle are to be conveyed.

143(2)

(2) Any person who fails to comply with a request lawfully made under this section shall commit an offence.

144(1)

(1) No vehicle shall be allowed on a road between sunset and sunrise unless there is attached to it such lamps and reflectors as may be prescribed.

144(2)

(2) Any person causing or permitting a vehicle to be on a road between sunset and sunrise without having affixed to it the prescribed light, lamp or lamps, or reflectorsed material, shall commit an offence.

146(1)

(1) Subject to this section, no person shall sell, supply or offer to sell or supply a motor vehicle or trailer for delivery in such a condition that -

(a) its use on a road in that condition would be unlawful by virtue of any provision of this Act relating to -

(i) its construction, weight and equipment; or

(ii) its brakes, steering gear, or tyres; or

(b) with regard to its lighting equipment, reflectors, or their maintenance, it is not capable of being used on a road during lighting-up time without contravening the law relating to obligatory lamps or reflectors.

146(2)

(2) Where a motor vehicle or trailer is sold, supplied or offered in contravention of this section, the person who -

(a) sells, supplies or offers it; or

(b) causes or permits it to be sold, supplied or offered, shall commit an offence.

146(3)

(3) A person shall not commit an offence under this section in respect of the sale, supply or offer of a motor vehicle or trailer if he proves that he had reasonable cause to believe that the motor vehicle or trailer would not be used on a road -

(a) until it had been put into a condition in which it might lawfully be used; or

(b) where the sale, supply or offer of a vehicle or trailer is alleged to be unlawful by reason of its condition with regard to its lighting equipment or reflectors or their maintenance, during lighting-up time until it had been put into a condition in which it might be so used during that time without contravening the law relating to obligatory lamps or reflectors.

146(4)

(4) This section shall not affect the validity of a contract or any rights arising under a contract.

146(5)

(5) In this section, "obligatory lamps or reflectors" means, in relation to a motor vehicle or trailer, the lamps or reflectors required by law to be carried on the motor vehicle or trailer while it is on a road during lighting-up time.

146(6)

(6) (a) This section shall not apply to a motor vehicle or trailer -

(i) sold or supplied; or

(ii) offered for sale or supply, where it is intended that its subsequent use shall be solely for the purpose of taking it to a place where it is -

(A) to be broken up; or

(B) put into a condition in which its use would not be unlawful.

(b) In the case of a motor vehicle, the subsequent use under paragraph (a) shall not include use under the vehicle's own power.

147(1)

(1) (a) Where a locomotive, heavy or light, is being driven on a road, 2 persons shall be employed in driving or attending it.

(b) Where a locomotive, heavy or light, is drawing a trailer on a road, in addition to the persons employed under paragraph (a), one person shall be employed in attending to each trailer.

(c) Paragraph (a) shall not apply to a road roller while engaged in rolling a road.

147(2)

(2) In this section, "trailer" does not include -

(a) a vehicle used solely for carrying water for the purpose of the drawing vehicle; or

(b) an agricultural vehicle not constructed to carry a load.

147(3)

(3) Any person who causes or permits a motor vehicle or trailer to be driven or drawn in contravention of this section shall commit an offence.

147(4)

(4) The Minister may, by regulations, vary the requirements of this section in respect of any class or description of -

(a) motor vehicles; or

(b) trailers.

148(1)

(1) The number of trailers which may be drawn by a motor vehicle on a road shall not exceed, in the case of -

(a) a heavy locomotive or light locomotive, 2;

(b) a motor tractor, one if laden or 2 if unladen; or

(c) a motor car or a heavy motor car, one, or such greater or lesser number as may be determined by the Authority in relation to those classes of motor vehicles under such conditions as the Authority may stipulate.

148(2)

(2) In this section, "trailer" does not include a vehicle used solely for carrying water for the purposes of -

148(1)

(1) the drawing vehicle; or

148(2)

(2) an agricultural vehicle which is not constructed to carry a load.

148(3)

(3) Any person who causes or permits a trailer to be drawn in contravention of this section shall commit an offence.

149(1)

(1) The Commissioner of Police may -

(a) limit the number of cycle races to be held in any year; and

(b) prohibit a cycle race, where he considers that for -

(i) reasons of safety; or

(ii) the convenience of the public generally, the cycle race should not be held.

149(2)

(2) Any person who -

(a) holds; or

(b) takes part in, a cycle race which is unauthorised or prohibited by the Commissioner of Police shall commit an offence.

150(1)

(1) Any person who throws an article at -

(a) a vehicle on a road; or

(b) a person in a vehicle on a road, shall commit an offence.

150(2)

(2) Any person who throws from a vehicle on a road an article that -

(a) is in itself dangerous; or

(b) in the circumstances of the case, causes or is likely to cause danger to other persons or obstruction on the road, shall commit an offence.

151(1)

(1) Any person who, without the knowledge or consent of the owner of a vehicle, other than a motor vehicle -

(a) rides, drives or takes away the vehicle; or

(b) in any way interferes with the vehicle or part of it, shall commit an offence.

151(3)

(3) Any person, whether employed by the owner or not, who takes and drives away a motor vehicle without the consent of its owner or other lawful authority, 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 12 months.

151(4)

(4) The offender shall not commit an offence under subsection (1) or (3) if he satisfies the Court that he acted in the reasonable belief that -

(a) he had lawful authority; or

(b) the owner would, in the circumstances of the case, have given his consent if he had been asked for it.

151(5)

(5) Where an offender is prosecuted for stealing a motor vehicle and the Court finds that -

(a) he was not guilty of stealing the motor vehicle; but

(b) he was guilty of an offence under this section, the Court may find him guilty and convict him for that offence.

151(6)

(6) A police officer may, without a warrant, arrest a person whom he reasonably suspects of having committed an offence under this section.

151(7)

(7) In addition to any penalty specified in this section, the Court may order that the convicted person shall pay to the owner of the motor vehicle such sum as may represent fair compensation for any damage sustained by him.

152(1)

(1) No person shall -

(a) ride; or

(b) cause or permit a person to ride on the -

(i) windows;

(ii) wings;

(iii) fenders;

(iv) luggage grid;

(v) roof;

(vi) running board;

(vii) drawbar;

(viii) towing bar;

(ix) boot; or

(x) bonnet, of a motor vehicle or trailer on a road except for a purpose incidental to and necessary for the repair of the vehicle or trailer.

152(2)

(2) No person shall -

(a) ride; or

(b) be permitted to ride, on a road in a goods vehicle unless there is sufficient protection as may be prescribed to prevent the person who is carried from falling from the vehicle.

152(3)

(3) No person shall -

(a) carry; or

(b) permit to be carried, in a goods vehicle goods other than those carried on behalf or with the consent of the owner or hirer of the vehicle.

152(4)

(4) Any person who fails to comply with this section shall commit an offence.

156(1)

(1) No person shall drive an animal on a road between sunset and sunrise unless he exhibits such lights as may be prescribed to indicate to users of the road the exact position of the animal.

156(2)

(2) 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 traffic.

156(3)

(3) Any person who fails to comply with this section shall commit an offence.

156(4)

(4) In this section, "animal" means a horse, bovine, ass, mule, sheep, pig or goat.

158(1)

(1) A police officer in uniform or who, not in uniform, produces his police identity card, and any other person authorised in writing by the Minister to exercise the powers conferred by this section, who produces his authority, may demand from -

(a) the owner of a motor vehicle or trailer -

(i) the registration book;

(ii) the current licence for the vehicle or trailer in force at the date of the demand; and

(iii) in the case of a public service vehicle, the road service licence authorising the use of that vehicle at that time and place; and

(b) any person driving a motor vehicle on a road -

(i) his driving licence or digital driving licence; or

[Amended 15/26 (cio 4/9/26).]

(ii) his provisional driving licence; and

(iii) in the case of a licence under subparagraph (ii), the driving licence of the person supervising the driving in accordance with the conditions attached to the provisional driving licence under section 44(2).

158(2)

(2) (a) Any person who fails, on demand, to produce any document referred to in subsection (1) shall commit an offence.

(b) Where a person, at the time the production of the document is required -

(i) undertakes in writing to produce; and

(ii) produces in person, the document, within 5 days, at such police station as may be specified by him, he shall not commit an offence under paragraph (a).

158(3)

(3) In the case of a motor vehicle or trailer that is subject to Part VIII, a road transport inspector may exercise all the powers conferred by this section on a police officer.

159(1)

(1) (a) Where a police officer has reason to suspect that an offence in connection with a motor vehicle has been committed, he, or any other police officer, may require the owner of the motor vehicle to give all information as to the name, address, description and whereabouts of the driver and the occupants of the motor vehicle at the time of the alleged offence.

(b) Any person who fails to give the information required under paragraph (a) shall commit an offence unless he shows to the satisfaction of the Court that he did not have the information and could not, with reasonable diligence, have obtained it.

159(2)

(2) (a) A police officer may require any other person to give any information which -

(i) it is in his power to give; and

(ii) may lead to the identification of the driver and other occupants of the motor vehicle.

(b) Any person who fails to give the information required under paragraph (a) shall commit an offence.

159(3)

(3) Notwithstanding any other enactment, any information given under this section by a person charged with an offence in connection with the driving of a motor vehicle may be used as evidence at the hearing of the charge.

160(1)

(1) Any person who knowingly makes a false statement in order to -

(a) obtain the grant or variation of a licence under this Act to himself or any other person;

(b) prevent the grant or variation of the licence referred to in paragraph (a); or

(c) procure the imposition of a condition or limitation in relation to a licence referred to in paragraph (a), shall commit an offence.

160(2)

(2) Any person who -

(a) makes a false statement; or

(b) withholds any material information, in order to obtain the issue of -

(i) a certificate of insurance or certificate of security under Part V; or

(ii) a prescribed document which may be produced in lieu of a certificate of insurance or a certificate of security under section 68(4), shall commit an offence.

160(3)

(3) Any person who issues -

(a) a document mentioned in subsection (2);

(b) a test certificate; or

(c) a certificate of fitness, which he knows is false in a material particular, shall commit an offence.

161(1)

(1) Any person who, with intent to deceive -

(a) (i) forges;

(ii) alters;

(iii) defaces;

(iv) mutilates;

(v) uses; or

(vi) sells, supplies, lends to or allows to be used by any other person;

(b) makes; or

(c) has in his possession, a listed document, shall commit an offence.

161(2)

(2) Any person who, with intent to deceive, alters an entry made in a record or register required to be kept under this Act shall commit an offence.

161(3)

(3) In subsection (1), "listed document" means -

(a) a licence or permit issued under this Act, or a photocopy thereof;

[Amended 12/18 (cio 1/10/18).]

(b) a test certificate;

(c) a document, plate or mark by which a vehicle is to be identified as being an authorised vehicle under this Act;

[Amended 12/18 (cio 1/10/18).]

(d) a document evidencing the appointment of an examiner or other officers under Part VI;

(e) a certificate of insurance or certificate of security under Part V;

(f) a certificate of fitness;

(g) a prescribed document which may be produced in lieu of a certificate of insurance or a certificate of security under section 68(4);

(h) an insurance vignette;

(i) an Agreed Statement of Facts Form; or

(j) a Minor Road Accident Report Form; or

[Amended 12/18 (cio 1/10/18).]

(k) a parking coupon.

[Added 12/18 (cio 1/10/18).]

161(4)

(4) In this section -

"parking coupon" means a document allowing a person to park his vehicle in a paid parking zone.

162(1)

(1) (a) Where a police officer has reasonable cause to believe that a document produced to him under this Act is a document in relation to which an offence has been committed under section 160 or 161, he may seize the document.

(b) Where a document is seized under paragraph (a), the person from whom it was seized shall, unless the document has been previously returned to him or he has been previously charged with an offence under section 160 or 161, be summoned before a District Court to account for his possession of the document.

(c) The Court shall -

(i) make such order respecting the disposal of the document under paragraph (a); and

(ii) award such costs, as the justice of the case may require.

162(2)

(2) (a) Where a police officer or a vehicle examiner has reasonable cause to believe that a document or plate carried on a motor vehicle or by the driver is a document or plate in relation to which an offence has been committed under section 158, 159, 160 or 161 in so far as it applies to -

(i) a carrier's licence under Part VI;

(ii) a document or plate by which, under regulations made under this Act, vehicles are to be identified as being authorised vehicles under Part VI;

(iii) a document evidencing the appointment of an examiner or other officers under Part VI; or

(iv) a record kept under section 87(1)(c), he may seize it.

(b) Where a document or plate is seized under paragraph (a), the driver or the owner of the motor vehicle shall, where the document or plate is still detained and neither of them has previously been charged with an offence under section 158, 159, 160 or 161, be summoned before a District Court to account for -

(i) his possession of; or

(ii) the presence on the vehicle of, the document or plate.

(c) The Court shall -

(i) make such order in relation to the disposal of the document or plate; and

(ii) award such costs, as the justice of the case may require.

(d) For the purposes of subsection (2), the power to seize includes the power to detach from a vehicle.

163(1)

(1) (a) Any person who, without lawful excuse -

(i) refuses or neglects to do anything he is, by this Act, required to do;

(ii) fails to comply with the requirements of a notice served on him under this Act; or

(iii) contravenes this Act, shall commit an offence.

(b) Any person who commits an offence under this Act shall, on conviction, be liable, where no special penalty is provided, to a fine not exceeding 200,000 rupees and to imprisonment for a term not exceeding 5 years.

[Amended 12/18 (cio 1/10/18); 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

163(2)

(2) (a) Where this Act requires that notice of a change of ownership of a motor vehicle shall be given to the prescribed person and the notice is not given, the person who fails to comply with that provision shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees.

(b) The offender shall, in addition, be liable to a fine not exceeding 500 rupees in respect of each day after the conviction during which failure to comply with the provision continues.

166(1)

(1) (a) The Minister may make regulations determining the maximum -

(i) laden weight; and

(ii) axle weight, of any motor vehicle that may be used on a road.

(b) A person who -

(i) uses; or

(ii) causes or permits any other person to use, a motor vehicle in contravention of the regulations made under paragraph (a) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 3,000 rupees.

166(2)

(2) (a) The Permanent Secretary or any officer authorised by him may, subject to such conditions as he thinks fit, grant a permit in respect of a motor vehicle, allowing a higher -

(i) laden weight; or

(ii) maximum axle weight, than prescribed.

(b) Where a permit is granted under paragraph (a), it shall not, so long as any condition attached to the permit is complied with, be an offence for such motor vehicle to be used on that road by reason only that the motor vehicle does not comply with any regulations made under paragraph (a).

166A(1)

(1) No person shall operate -

(a) a petrol service station; or

(b) a private petrol station, unless he is the holder of an appropriate licence issued under this section.

166A(2)

(2) Every application for a licence under this section shall -

(a) be made in writing to the NLTA; and

[Amended 18/19 (cio 16/9/19).]

(b) contain such particulars as the NLTA may require.

[Amended 18/19 (cio 16/9/19).]

166A(3)

(3) NLTA shall cause notice of every application made under this section to be published once in the Gazette and in 2 daily newspapers.

[Amended 18/19 (cio 16/9/19); RR 10/23 (cio 21/8/23).]

166A(4)

(4) (a) NLTA may, after hearing the applicant -

(i) reject the application; or

(ii) grant, in the public interest, the application on such conditions as it may determine; and

(iii) inform the parties accordingly.

[Amended 18/19 (cio 16/9/19); RR 10/23 (cio 21/8/23).]

(b) In exercising its powers under this subsection, NLTA shall have regard, inter alia, to -

(i) the fuel consumption of vehicles owned by, and registered under the name of, the applicant;

(ii) in the case of an application for a petrol service station licence, the interests of the public generally and those of persons who provide and require the services of petrol service stations; and

(iii) in the case of an application for a private petrol station licence, the interests of those who provide the services of petrol service station.

(c) Any person who fails to comply with a condition attached to a licence issued under paragraph (a) shall commit an offence.

166A(5)

(5) Where the holder of a licence -

(a) dies; or

(b) becomes bankrupt or insane, his widow, heir or representative, as the case may be, may, with the consent of the Authority, operate the petrol service station, either personally or through an agent approved by the Authority, for such period and subject to such conditions as NLTA thinks fit.

[Amended 18/19 (cio 16/9/19).]

166A(6)

(6) Subject to subsection (5), no licence shall be transferred or assigned.

166A(7)

(7) (a) A licence issued under this section -

(i) shall be valid for a period of one year; and

(ii) may be renewed every year.

(b) NLTA may, on its own motion or on the written application of any interested person, vary, suspend or revoke a licence, having regard to -

[Amended 18/19 (cio 16/9/19).]

(i) the character or conduct of the licence holder; or

(ii) the manner in which the petrol service station or the private petrol station, as the case may be, is being operated; or

(iii) the fuel consumption of the vehicles of the licence holder.

(c) Where NLTA revokes a licence under paragraph (b), or where installations are effected for the setting up of a petrol service station or a private petrol station without a licence having been obtained under this section, NLTA may -

[Amended 18/19 (cio 16/9/19).]

(i) cause seals to be affixed to a dispensing pump;

(ii) order the removal, by the owner or operator, of the fuel tank and dispensing pump within such delay as it thinks fit.

(d) Any person who fails to comply with an order addressed to him under paragraph (c) shall commit an offence.

166A(8)

(8) Any interested person who is aggrieved by a decision of NLTA under this section may, within 21 days of the date of notification of the decision, appeal to the Appeal Committee by lodging a written application to that effect with the Secretary to the Appeal Committee.

[Amended 18/19 (cio 16/9/19); 1/2020 (cio 16/5/2020).]

166A(9)

(9) (a) Every person to whom a licence is issued shall pay such fee as may be prescribed.

(b) Where the holder of a licence does not intend to renew his licence, he shall, not later than 14 days before the expiry date of the licence, give notice, by registered letter, to NLTA, of his intention not to have his licence renewed.

[Amended 18/19 (cio 16/9/19).]

(c) The holder of a licence who fails to renew his licence within 14 days of its expiry date shall, on renewal of his licence, pay, in addition to the prescribed fee, an amount representing 50 per cent of that fee.

166A(10)

(10) In this section -

"interested person" includes any person who supplies petrol, diesel oil or Liquefied Petroleum Gas to the holder of a licence;

[Amended 10/23 (cio 21/8/23).]

"petrol service station" means any premises where petrol, diesel oil or Liquefied Petroleum Gas is sold by retail to the public;

[Amended 10/23 (cio 21/8/23).]

"private petrol station" means any premises where petrol, diesel oil or Liquefied Petroleum Gas is restored for private consumption.

[Amended 10/23 (cio 21/8/23).]

166A(11)

(11) This section shall be in addition to, and not in derogation from, the Inflammable Liquids and Substances Act.

167(1)

(1) No person shall -

(a) teach; or

(b) cause to be taught, for gain, the driving of motor vehicles, except under the authority of an instructor's licence issued by the Commissioner of Police.

167(2)

(2) No person shall -

(a) set up; or

(b) maintain, an establishment for teaching, for gain, the driving of motor vehicles, except under the authority of a driving school licence issued by the Commissioner of Police.

168(1)

(1) A person applying for -

(a) an instructor's licence;

(b) a driving school licence; or

(c) a variation of any of the conditions of a licence under paragraph (a) or (b), shall make an application in the prescribed form and submit to the Commissioner of Police such particulars as may be prescribed.

168(2)

(2) On receipt of an application for an instructor's licence, the Commissioner of Police -

(a) shall cause the applicant's competence to be tested;

(b) may, in the case of an application for an instructor's licence or a driving school licence or any variation of the licence, if he thinks necessary, cause to be verified the facts stated in the application; and

(c) shall grant or refuse a licence or variation, as the case may be, subject to such conditions as he may impose.

168(3)

(3) A licence under this section shall be valid for such period as may be prescribed and shall be granted on payment of the prescribed fee.

169(1)

(1) Where the Commissioner of Police refuses to grant -

(a) an instructor's licence;

(b) a driving school licence; or

(c) a variation of the conditions of the licence referred to in paragraph (a) or (b), the applicant may, within 21 days of the notification of the refusal, appeal to the Appeal Committee in accordance with such procedure and upon payment of such fee as may be prescribed.

[Amended 18/19 (cio 16/9/19); 1/2020 (cio 16/5/2020).]

169(2)

(2) The decision of the Appeal Committee shall be final.

172(1)

(1) A police officer authorised by the Commissioner of Police or an officer in charge of a police station may, for the purpose of examining a motor vehicle in respect of which he has reason to believe that an offence under this Act has been committed, enter any place where he suspects the motor vehicle to be kept.

172(2)

(2) A police officer authorised by the Commissioner of Police or an officer in charge of a police station, in conducting an investigation in respect of an offence in connection with which a motor vehicle is suspected to be involved, may enter any place to search for and examine the vehicle.

172(2A)

(2A) A road transport inspector authorised by the Chief Commissioner may, for the purpose of an inquiry in respect of a public service vehicle which he has reason to believe that -

(a) is not providing regular service; or

(b) a condition of the licence attached to it has been breached, enter any place where he suspects the public service vehicle is being kept.

[Inserted 10/23 (cio 21/8/23).]

172(3)

(3) Any person who obstructs an officer, a road transport inspector or a vehicle examiner in the exercise of his powers under this section shall commit an offence.

[RR 10/23 (cio 21/8/23).]

173(1)

(1) Subject to Part VIIIB, where a person is found, or is reasonably suspected of, using a motor vehicle in contravention of this Act or any regulations or prohibition made under this Act, or in breach of the terms or conditions of the licence for the motor vehicle, and steps are needed to cause a discontinuance of the offence, or where a licence has been suspended under section 25A or has not been surrendered in accordance with section 29A, a road transport inspector or a police officer may -

[Amended 27/12 (cio 22/12/12); 15/26 (cio 4/9/26).]

(a) take or cause to be taken or require the person in charge to take the vehicle to a place of safety; or

(b) serve a written notice on the owner or person in charge of the vehicle directing him to keep the vehicle at his residence or other place of safety on an appointed date and time, where seals shall be affixed to the vehicle until released by order of the Commissioner or the Commissioner of Police, as the case may be.

173(2)

(2) A notice referred to under subsection (1)(b) shall be served by -

(a) delivering it to the owner or person in charge of the vehicle; or

(b) forwarding it by registered post addressed to the owner or person in charge of the vehicle, at his last known place of residence or business or any address furnished by him.

173(3)

(3) Any person who -

(a) refuses or neglects to comply with a direction under subsection (1);

(b) breaks the seals or removes the motor vehicle from the place of safety pending the order of the -

(i) Chief Commissioner; or

[Amended 18/19 (cio 16/9/19).]

(ii) Commissioner of Police, 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.

173A(1)

(1) Where the owner of a motor vehicle is convicted of an offence under section 173, expenses incurred by or on behalf of the Chief Commissioner or the Commissioner of Police in implementing that section shall be recoverable as a civil debt from the owner of the motor vehicle.

[Amended 18/19 (cio 16/9/19).]

173A(2)

(2) (a) Where a motor vehicle is detained under section 173, the Chief Commissioner or the Commissioner of Police shall, with all reasonable despatch, give notice in writing to the owner, where his name and address is known, of the seizure.

[Amended 18/19 (cio 16/9/19).]

(b) Where the motor vehicle is not claimed by its owner within one month of the date of its detention, the Chief Commissioner or the Commissioner of Police may, after giving one month's notice in the Gazette of his intention to do so, sell by public auction or otherwise dispose of the motor vehicle.

[Amended 18/19 (cio 16/9/19).]

(c) Any proceeds from the sale or disposal of the motor vehicle shall be applied in payment of -

(i) any licence fee which may be due in respect of the motor vehicle;

(ii) any charge incurred in implementing this section.

(d) Any surplus shall be -

(i) paid to the owner of the motor vehicle; or

(ii) where it is not claimed by the owner of the vehicle within 12 months after the date of its sale or disposal, forfeited to the Government.

174(1)

(1) Where, in any proceedings under this Act, a question arises as to whether a motor vehicle or trailer does or does not comply with this Act, a certificate -

(a) purporting to be signed by an authorised examiner or a vehicle examiner, as the case may be, that he has examined the vehicle or trailer; and

[Amended 19/16 (cio 3/11/16).]

(b) specifying the result of his examination, shall be sufficient evidence of any fact or opinion stated in it relating to the matter in question, without proof of the handwriting of that vehicle examiner, unless the Court decides that the attendance of the authorised examiner or vehicle examiner is necessary.

[Amended 19/16 (cio 3/11/16).]

174(2)

(2) In any proceedings under section 142(1)(b)(vii), a certificate purporting to be signed by the an authorised examiner or a vehicle examiner shall be sufficient evidence of the facts stated in it, without proof of the handwriting of that officer, unless the Court decides that the attendance of that officer is necessary.

[Amended 19/16 (cio 3/11/16).]

175(1)

(1) In any proceedings for an offence under this Act, a certificate in the prescribed form -

(a) purporting to be signed by a road transport inspector or by a police officer of or above the rank of Sergeant; and

(b) certifying that a person specified in the certificate stated to the road transport inspector or to the police officer that a particular motor vehicle -

(i) was being driven by, or belonged to, that person on a particular occasion;

(ii) belonged, on a particular occasion, to a firm in which that person also stated that he was, at the time of the statement, a partner; or

(iii) belonged, on a particular occasion, to a corporation of which that person also stated that he was, at the time of the statement, a director, officer or employee, shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven, or to whom it belonged, as the case may be, on that occasion.

175(2)

(2) This section shall not be deemed to make a certificate admissible as evidence in proceedings for an offence -

(a) unless a copy of the certificate has, not less than 7 days before the hearing or trial, been served on the person charged with the offence; or

(b) where the person charged with the offence -

(i) not later than 3 days before the hearing or trial; or

(ii) within such additional 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.

176(1)

(1) An extract from the register or other records kept under this Act shall, if it purports to be certified to be a true extract by the officer having custody or control of the register or records or by a police officer having made the extract from any electronically recorded form of such register or records kept under this Act, be received in a Court on production by any person and without further proof as prima facie evidence of the facts stated in it.

176(2)

(2) The registration book of a motor vehicle or trailer shall be received in a Court on production by any person and without further proof as prima facie evidence of the facts stated in the book.

177(1)

(1) (a) Where a doubt arises as to whether a vehicle or class or type of vehicle falls within a particular class or type of vehicle under this Act, the matter shall be referred to the Chief Commissioner.

[Amended 18/19 (cio 16/9/19).]

(b) The Chief Commissioner shall determine within what particular class or type of vehicle the vehicle falls.

[Amended 18/19 (cio 16/9/19).]

177(2)

(2) A decision given by the Chief Commissioner under this section shall be final.

[Amended 18/19 (cio 16/9/19).]

178A(1)

(1) There shall be established for the purposes of this Act a National Road Safety Council.

178A(2)

(2) The functions of the Council shall be to -

(a) advise the Minister on -

(i) the introduction of appropriate road safety measures;

(ii) appropriate methods to promote the education of road users and the organisation of road safety campaigns;

(iii) proper law enforcement methods, introduction of appropriate legislation and the need for amendment of existing legislation with regard to road safety;

(iv) the condition and maintenance of vehicles; and

(v) driver training;

(b) analyse data on road accidents, identify dangerous spots where accidents frequently occur, and suggest remedial measures;

(c) appraise and assess the cost effectiveness of road safety measures;

(d) ensure coordination among the various Government bodies and motoring organisations dealing with road safety matters; and

(e) consider, either on its own initiative or upon reference from the Minister, any matter relating to road safety and the prevention of road accidents and to tender advice to the Minister on the matter.

178A(3)

(3) The Council shall consist of -

(a) a Chairperson, to be appointed by the Minister;

(b) the Permanent Secretary of the Ministry responsible for the subject of land transport, or his representative;

(c) a representative of the Traffic Management and Road Safety Unit;

[Amended 18/19 (cio 16/9/19).]

(d) a representative of the Attorney-General's Office;

(e) a representative of the Commissioner of Police;

(f) a representative of the NLTA;

[Amended 18/19 (cio 16/9/19).]

(g) a representative of the Ministry responsible for the subject of health;

(h) a representative of the Ministry responsible for the subject of education;

(i) a representative of the Road Development Authority;

(j) a representative of the Association of Urban Authorities;

(k) a representative of the Association of District Councils;

(l) a representative of the motor insurance business, to be appointed by the Minister;

(m) 2 persons engaged in the road transport industry, to be appointed by the Minister; and

(n) 2 members of the public with adequate knowledge in psychology, advertising or mass communication, to be appointed by the Minister.

178A(4)

(4) Every appointed member shall hold office on such terms and conditions, and for such time, as the Minister may determine.

178A(5)

(5) (a) There shall be a Secretary to the Council who shall be a public officer designated by the Minister.

(b) The Secretary shall keep all the records of proceedings of the Council in safe custody.

178A(6)

(6) The Chairperson, the Secretary and every other member shall be paid such fees as the Minister may determine.

178A(7)

(7) (a) The Council shall meet as often as necessary and at least once a month.

(b) Eight members of the Council shall constitute a quorum.

(c) Subject to this section, the Council shall regulate its proceedings in such manner as it thinks fit.

178A(8)

(8) The Council shall furnish to the Minister such information with respect to its activities as the Minister may require.

178B(1)

(1) There shall be established for the purposes of this Act a Road Transport Advisory Board.

178B(2)

(2) The functions of the Board shall be to -

(a) advise the Minister on the formulation of policies on road transport planning, management and economics;

(b) advise the Minister on the overall structure of the bus industry to ensure its financial viability;

(c) advise on the form and level of Government assistance in matters of road transport;

(d) make proposals on road transport pricing policies as and when required; and

(e) consider, either on its own or on reference from the Minister, any matter affecting road transport and tender advice to the Minister on the matter.

178B(3)

(3) The Board shall consist of -

(a) a Chairperson, to be appointed by the Minister;

(b) a representative of the NLTA;

[Amended 18/19 (cio 16/9/19).]

(c) a representative of the Ministry responsible for the subject of land transport;

(d) a representative of the Ministry responsible for the subject of finance;

(e) -;

(f) 2 persons engaged in the road transport industry, to be appointed by the Minister;

(g) 2 persons with adequate knowledge in road transport and finance, to be appointed by the Minister; and

(h) 2 other fit and proper persons, to be appointed by the Minister.

178B(4)

(4) Every appointed member shall hold office on such terms and conditions and for such time as the Minister may determine.

178B(5)

(5) The Chairperson and every other member shall be paid such fees as the Minister may determine.

178B(6)

(6) The Board may, with the approval of the Minister -

(a) co-opt any person on the Board; and

(b) enlist the services of any person or firm.

178B(7)

(7) (a) The Board shall meet as often as necessary and at least once a month.

(b) The meetings of the Board shall be convened by the Chairperson or, in his absence, by the Minister.

(c) The Board shall otherwise regulate its proceedings as it thinks fit.

(d) Six members of the Board shall constitute a quorum.

178B(8)

(8) The Minister may, in relation to the exercise by the Board of its functions, give such directions of a general character to the Board as he considers necessary in the public interest, and the Board shall comply with these directions.

178B(9)

(9) The Board shall furnish to the Minister such information with respect to its activities as the Minister may require.

178B(10)

(10) Every member of the Board shall -

(a) maintain and aid in maintaining the secrecy of any matter which comes to his knowledge in the performance of his duties; and

(b) refrain from revealing to an unauthorised person any matter specified in paragraph (a).

178B(11)

(11) Any member of the Board who, without lawful or reasonable excuse, contravenes subsection (10), 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 2 years.

179(1)

(1) The Minister may, by regulations -

(a) prohibit a specified description of traffic from using a road;

(b) restrict the volume or speed of a specified description of traffic on a road;

(c) prohibit a specified description of traffic from travelling on a road otherwise than in a specified direction;

(d) prohibit or restrict -

(i) the stopping or waiting of any description of traffic; or

(ii) the loading or unloading of vehicles on a road;

(e) prohibit the use of a road by through traffic;

(f) prohibit or restrict the overtaking of traffic by vehicles or any class of vehicles on a road;

(g) restrict the use of a road to -

(i) traffic of a special description; or

(ii) vehicles being used for a specified purpose or by or under the directions of a specified person; or

(h) prohibit the use of a road by -

(i) animals or vehicular traffic of a kind; or

(ii) vehicular traffic in a manner, which is unsuitable, having regard to the existing character of the road or adjoining property.

179(2)

(2) A police officer may have such powers as may be necessary to enforce the provisions of subsection (1).

[Inserted 8/24 (cio 10/1/25).]

179(3)

(3) Any person who fails to comply with any regulations made under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees.

[Amended 8/24 (cio 10/1/25).]

180(1)

(1) Subject to this section, where the Minister is satisfied that traffic on a road, the maintenance of which he is responsible for, should, by reason of works of repair or construction being required or being in progress on or near that road, be diverted onto any other road, he may give written approval to -

[Amended 18/25 (cio 9/8/25).]

(a) prohibit or restrict the use of that road in such manner as may be specified; and

(b) direct that such traffic as may be affected by the prohibition or restriction use other existing roads.

180(2)

(2) Where any part of a road is subject to a traffic diversion -

(a) the Permanent Secretary shall cause a press communiqué to be published in 2 daily newspapers prior to the implementation of the diversion, specifying -

(i) the part of the road which shall be closed;

(ii) the commencement date and last date of the diversion; and

(iii) the alternative route which shall be made available for the diverted traffic;

(b) the relevant authority which implements the traffic diversion shall cause temporary retro-reflective traffic signs -

(i) to be displayed in a conspicuous manner -

(A) at the starting point and end of the diversion;

(B) at every location where vehicles are required to divert from the normal route; and

(C) along the alternative route; and

(ii) to be removed immediately after the diversion is no longer required and the normal route is reopened.

[RR 18/25 (cio 9/8/25).]

180(3)

(3) In addition to the powers conferred on him by subsection (1), the Minister may, by means of suitable barriers, close or restrict the use of a road, the maintenance of which he is responsible for, for the purposes of repair or reconstruction provided that -

(a) where possible, a diversion for the passage of traffic is provided; and

(b) adequate traffic signs are displayed in accordance with section 185(2), giving reasonable warning to traffic using the road at the closure or restriction.

180(4)

(4) Any person who -

(a) uses; or

(b) causes or permits the use of, a vehicle in contravention of this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 200 rupees.

[Amended 18/25 (cio 9/8/25).]

181(1)

(1) Where, in the opinion of the Commissioner of Police, a road is liable or likely to be thronged or obstructed, he or a police officer may -

(a) direct the route to be observed by -

(i) vehicles which are in use or are being driven or propelled in or near to that road; or

(ii) persons riding or driving an animal in or near to that road;

(b) prevent -

(i) vehicles or any class of vehicles;

(ii) pedestrians; or

(iii) persons riding or driving any animals, from going into that road;

(c) require heavy or slow moving vehicles to keep to a particular portion of that road;

(d) (i) prescribe the line to be kept by persons using that road; and

(ii) compel them to keep to that line; or

(e) generally do all that is necessary to -

(i) prevent a congestion of the traffic; and

(ii) provide for the safety and convenience of the public.

181(2)

(2) The Commissioner of Police, or a police officer acting under his authority, may prohibit or restrict the use of a road by vehicles and pedestrians on the occasion of -

(a) a parade;

(b) a procession;

(c) a sport;

(d) a race; or

(e) any other public gathering.

181(3)

(3) Any person who -

(a) disregards; or

(b) fails to obey, a reasonable order of the Commissioner of Police or a police officer acting under his authority, given under this section, shall commit an offence.

182(1)

(1) The senior police officer present at a fire may stop and regulate the traffic, vehicular or pedestrian, on a road, if he considers it necessary or desirable to do so for -

(a) the purpose of facilitating the extinguishing of the fire; or

(b) the safety or protection of life or property.

182(2)

(2) Any person disregarding or failing to obey a reasonable order of the senior police officer, or any police officer acting under his authority, given with the object of implementing subsection (1), shall commit an offence.

183(1)

(1) Where the Minister is satisfied that a bridge over which a road passes is insufficient to carry vehicles the gross weight of which exceeds a certain limit, he may, by a conspicuous notice placed in a proper position at each end of the bridge, prohibit the use of the bridge by a vehicle whose gross weight exceeds the weight specified in the notice.

183(2)

(2) In this section, "placed in a proper position" means placed in such a position -

(a) on or near the bridge; or

(b) on or near the road leading to the bridge, as to be visible at a reasonable distance from the bridge to the drivers of vehicles approaching it.

183(3)

(3) (a) The fact that a prohibition under subsection (1) has been made by the Minister and has been notified in the manner prescribed in that subsection shall be published in the Gazette.

(b) An omission to publish the prohibition and notification shall not affect the validity of the prohibition or notification.

183(4)

(4) (a) Where, without the consent of the Minister, a vehicle is driven across a bridge in contravention of a notice placed under subsection (1) -

(i) the driver of the vehicle; or

(ii) the person who causes or permits it to be driven, shall, without prejudice to any civil liability incurred by him in the case of damage being caused to the bridge or otherwise, commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees.

(b) Where, in any proceedings under this subsection, the prosecutor satisfies the Court that there are reasonable grounds for believing that the gross weight of the vehicle exceeded the weight specified in the notice, the burden shall lie on the defendant to prove that the gross weight of the vehicle did not exceed the weight specified in the notice.

184(1)

(1) Subject to, and in conformity with, such general or other directions as may be given by the Minister, the Permanent Secretary or the Commissioner of Police may cause or permit traffic signs to be placed on or near any road.

184(2)

(2) Notwithstanding any other enactment, no traffic sign shall be placed on or near a road except by, or with the consent of, the Permanent Secretary or the Commissioner of Police.

184(3)

(3) Traffic signs shall be of the prescribed size, colour and type except where the Minister authorises the erection or retention of a sign of another character.

184(4)

(4) (a) No traffic sign, other than a traffic sign placed by or with the consent of the Permanent Secretary, or the Commissioner of Police, shall be placed on or near a road except under and in accordance with this section.

(b) Nothing in this section shall apply to -

(i) a notice in respect of the use of a bridge; or

(ii) a traffic sign placed by the owners or workers of a tramway or light rail undertaking, a dock undertaking or a harbour undertaking under powers conferred by any enactment.

[Amended 18/19 (cio 16/9/19).]

184(5)

(5) (a) The Permanent Secretary or the Commissioner of Police shall, by notice in writing, require the owner or occupier of any land adjacent to a road on which there is -

(i) a traffic sign;

(ii) an object which so closely resembles a traffic sign that it might reasonably be taken to be a sign; or

(iii) an advertisement and on which road a speed exceeding 30 miles an hour is permitted, to remove the sign or advertisement.

(b) Where a person fails to comply with a notice under paragraph (a), the Permanent Secretary or the Commissioner of Police may effect the removal of the sign or advertisement, doing as little damage as may be, and the expense incurred in the removal may be recovered as a civil debt from the defaulting person.

(c) Paragraph (a) shall not apply to a sign or object which complies with subsection (3) and the retention of which is expressly authorised by the Permanent Secretary or the Commissioner of Police.

184(6)

(6) The Permanent Secretary or the Commissioner of Police may enter any land and exercise such other powers as may be necessary in the performance of his functions under this section.

185(1)

(1) A police officer, or a person acting under the instructions of the Commissioner of Police, may place on -

(a) a road;

(b) a structure on a road, a traffic sign of any size, colour or type prescribed or authorised under section 184(3), which indicates such prohibitions, restrictions or requirements relating to vehicular traffic as may be necessary or expedient to prevent or mitigate -

(i) congestion or obstruction of traffic; or

(ii) danger to or from traffic in consequence of an accident or other unforeseen or extraordinary circumstances.

185(2)

(2) The powers conferred by subsection (1) may also be exercised by the Permanent Secretary or the Road Development Authority when engaged upon works of maintenance or reconstruction in respect of the length of road which is being maintained or reconstructed.

185(3)

(3) A traffic sign placed in accordance with this section shall be removed as soon as the circumstances or works on account of which it was placed have ceased to exist, or have been completed.

187(1)

(1) Every repairer of motor vehicles or trailers shall keep a register in the prescribed form of -

(a) all motor vehicles and trailers repaired by him or kept on premises occupied by him whether for repairs or not; and

(b) any work done or repair effected to a motor vehicle or trailer.

187(2)

(2) The pages of the register under subsection (1) shall be numbered and bear the initials of the Superintendent of Police of the district in which the business is carried on.

187(3)

(3) The register shall be produced on demand to a police officer not below the rank of Sergeant or to a vehicle examiner.

187(4)

(4) Any person who fails to comply with this section or makes a false entry in the register kept under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees.

188(1)

(1) Where it is averred, in any proceedings for an offence under this Act, that a person has unlawfully used a motor vehicle, or caused or permitted it to be so used, for hire or reward or for the conveyance of passengers at separate fares, and it is proved that the motor vehicle was not licensed to be used for that purpose, the Court may convict that person where, having regard to all the circumstances of the case, it can reasonably be inferred that he did so use, or cause or permit to be so used, the vehicle.

188(2)

(2) In all prosecutions before a Court, a certificate under the hand of -

(a) the licensing officer; or

(b) the Chief Commissioner,

[Amended 18/19 (cio 16/9/19).]

shall be sufficient evidence of the facts stated in it, without proof of the handwriting of that officer, unless the Court decides that the attendance of the officer is necessary.

188A(1)

(1) Evidence of a fact relevant to proceedings for an offence under this Act may be given by a police officer by the production of -

(a) a measurement or record approved by the Commissioner of Police; and

(b) a statement, signed by a police officer, as to the circumstances in which the measurement or record was produced.

[Amended 15/26 (cio 4/9/26).]

188A(2)

(2) [Repealed 15/26 (cio 4/9/26).]

190(1)

(1) The Minister may make such regulations as he thinks fit for the purposes of this Act.

190(2)

(2) Regulations made under subsection (1) may provide for the levying of fees and taking of charges.

190(3)

(3) Regulations made under subsection (1) may provide that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years.

[Amended 1/2020 (cio 16/5/2020).]

190(4)

(4) In particular and without prejudice to the generality of the power under subsection (1), the Minister may make provision for -

(a) anything which by this Act may or is to be prescribed;

(b) prescribing the forms to be used;

(c) the fees payable for licences and the various appeals, documents and services specified in this Act;

(d) (i) the circumstances in which fees paid may be refunded either in whole or in part;

(ii) the allocating of taxes and fees paid; and

(iii) the rendering of accounts;

(e) (i) the form of -

(A) vehicle and motor vehicle licences;

(B) driving licences and all other licences;

(C) registration books;

(D) certificates of all kinds; and

(ii) the conditions attaching to the licences, books and certificates under subparagraph (i), and the conditions precedent to their issue and, where applicable, the periods of the validity of, and the manner of displaying, the certificates and licences;

(f) measures to -

(i) prevent a person holding illegally more than one licence, registration book or certificate; and

(ii) facilitate the identification of the holders of the licence, registration book or certificate;

(g) (i) regulating the particulars that are to be marked on vehicles, motor vehicles or trailers and the manner in which they are to be displayed or affixed; and

(ii) prohibiting the display on a motor vehicle or trailer of any registration or distinguishing mark, other than that of the country in which the motor vehicle or trailer is registered and licensed;

(h) prohibiting a practice which leads to obstruction of or damage to a road;

(i) declaring a portion of a road to be a footpath or cycle track and regulating traffic on the footpath or cycle track;

(j) regulating traffic on -

(i) a road; or

(ii) a ford, bridge, pontoon or culvert on a road;

(k) (i) the rules of the road;

(ii) the signals to be given by the drivers of vehicles; and

(iii) the signals and traffic signs to be observed by drivers of vehicles and by pedestrians;

(l) the establishment of pedestrian crossings on roads, and the precedence of vehicles and pedestrians with respect to -

(i) the movement of traffic, including pedestrians at and in the vicinity of a crossing, including regulations prohibiting pedestrian traffic on the carriage way within 100 feet of a crossing;

(ii) the indication of the limits of a crossing by marks on the roadway or otherwise;

(iii) the erection of traffic signs in connection with, and in relation to crossings in the vicinity of, and at a distance from, a junction of roads; and

(iv) traffic which is controlled by the Police, and by traffic signals and by different kinds of traffic signals, and which is not controlled;

(m) the maximum speeds permitted for different classes of vehicles in or on different areas and roads;

(n) (i) the parking of vehicles;

(ii) the levy of any charges for parking; and

(iii) the manner in which the charges may be levied;

(o) the detention of a vehicle in respect of a contravention or suspected contravention of this Act;

(p) prohibiting sound warnings -

(i) on specified roads; or

(ii) in specified areas or parts of roads either at all times or at specified times;

(q) information to be furnished in relation to a vehicle;

(r) (i) the construction and equipment of vehicles, motor vehicles and trailers and the conditions under which they may be used on roads; and

(ii) the prohibition of emblems, mascots or other devices that are liable to a source of danger to any person on the road, or of distraction to the driver or to other road users;

(s) the width, height, length and other dimensions of vehicles, motor vehicles and trailers, and of the loads carried by them;

(t) (i) the gross weight of vehicles, motor vehicles and trailers, the maximum weight to be transmitted to the road or any specified area of the road by a vehicle, motor vehicle or trailer of any class or description, or by any part or parts of that vehicle or trailer in contact with the road;

(ii) the methods by which the weights under subparagraph (i) are determined, and the conditions under which they may be required to be tested;

(u) (i) the number of trailers which may be drawn by a vehicle and the towing of one vehicle by another; and

(ii) prohibiting the operation of a vehicle which is being used to tow trailers where the combined length of the vehicle and trailers exceeds a prescribed limit;

(v) the number of persons who may be carried on vehicles or trailers for the purpose of controlling or attending to them;

(w) (i) regulating the number and kinds of lamps and reflectors that are to be carried on vehicles, motor vehicles, and trailers and the manner in which those lamps and reflectors are to be used; and

(ii) prohibiting the use of such lamp or lighting device as may be specified;

(x) (i) regulating and specifying the number and type of brakes;

(ii) the affixing of efficient brakes; and

(iii) ensuring that brakes, steering gear and other parts of a vehicle are maintained in proper working order;

(y) (i) prohibiting the use of any cut out, fitting or other apparatus or device rendering it possible to open the exhaust of a motor vehicle;

(ii) efficient silencers to minimise noise;

(iii) prohibiting the unnecessary issue of smoke or fumes, and the unnecessary discharge of fuel, oil or lubricants; and

(iv) prohibiting nuisance caused by the working of motor vehicles and the use on roads of motor vehicles or trailers which cause excessive noise due to defect, lack of repair, faulty adjustment or faulty packing of loads on those vehicles or trailers;

(z) regulating -

(i) the loading of vehicles, motor vehicles and trailers; and

(ii) the securing of loads so that danger is not caused, or likely to be caused, by reason of the load or part of the load falling, or being liable to fall, from the vehicle or trailer;

(za) prohibiting the use of a motor vehicle which is so constructed or loaded that manual signals given by the driver cannot be readily seen from the rear of the vehicle by a person in line with the offside unless it is fitted with an apparatus to enable its driver efficiently to signal his intention to stop or change direction;

(zb) 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, and for intimating the intended movement of a motor vehicle; securing that such appliances shall be efficient and kept in proper working order;

(zc) 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 vehicles from the need to be examined and for the notification of the result of examinations;

(zd) (i) those vehicles or motor vehicles that may be exempted from the need to be registered or licensed and under what conditions;

(ii) the driving licences or permits issued outside Mauritius or the equivalents of those licences or permits that may be deemed to have effect within Mauritius as if issued under Part IV; and

(iii) the conditions to which driving licences, permits or their equivalents may under subparagraphs (i) and (ii), be made or may be deemed to be subject in their application to Mauritius;

(ze) the procedure to be adopted and the conditions to be observed in connection with -

(i) the issue of international certificates for motor vehicles and international driving permits; and

(ii) the use of those certificates and permits under subparagraph (i) issued elsewhere than in Mauritius;

(zf) exempting vehicles, motor vehicles and trailers from compliance with the provisions of this Act relating to construction and equipment;

(zg) (i) the construction and equipment of public service vehicles; and

(ii) the circumstances in which and the conditions on which vehicles may be substituted for authorised vehicles, otherwise than in the case of breakdown or unforeseeable emergency;

(zh) (i) the hours and conditions of service of the drivers of such classes of motor vehicles as may be specified;

(ii) regulating the licensing of drivers of public service vehicles and of conductors in buses; and

(iii) the badges to be worn by the drivers and conductors under subparagraph (ii);

(zi) (i) the means of identifying public service vehicles authorised to be used under road service licences; and

(ii) the period of validity of the means of identification under subparagraph (i), the particulars that they are to contain, the manner of their display, the fees to be charged for them, and their custody, production, return and cancellation on expiration, suspension or revocation;

(zj) (i) the records that are to be kept; and

(ii) the returns that are to be made by persons holding or applying for licences issued under Part VI or Part VII or subject to Part VIII;

(zk) the manner in which -

(i) indications for the grant, revocation or suspension of; and

(ii) the variation of conditions of, road service licences are to be published;

(zl) (i) the carriage of persons on motorcycles; and

(ii) the shape, construction, quality and other particulars of protective helmets to be worn by persons on motorcycles and side cars;

(zm) the classes of motor vehicles for which driving licences and provisional driving licences may be expressed to be valid;

(zn) the licensing, control and inspection of driving schools and of instructors;

(zo) the inspection of any premises, vehicles, equipment, records or any other place or thing used in connection with the teaching for -

(i) gain of driving; and

(ii) ensuring that the curriculum is suitable and that the instructors are competent;

(zp) (i) the revocation of; and

(ii) the variation of the conditions of and the making and hearing of appeals in respect of, instructor's licences and driving school licences;

(zq) any other provision that is deemed necessary for the proper licensing, control and inspection of the teaching, for gain, of driving and for ensuring that the conditions of any licence relating to the teaching are observed;

(zr) (i) the removal from roads; and

(ii) the moving from one position on a road to another position on that or any other road, of vehicles which have broken down, or which have been permitted to remain at rest on a road in contravention of any lawful prohibition or restriction, or in such a position or in such a condition or in such circumstances as to be likely to cause danger to other persons using the road, or as to cause obstruction to such persons or as to appear to have been abandoned; and

(iii) the removal or movement of any loads carried in or on the vehicles under subparagraphs (i) and (ii);

(iv) the disposal by sale or otherwise of any vehicle which is deemed to have been abandoned on a road;

(v) the payment of fees by the owner of a vehicle in respect of the removal or moving of his vehicle or of any loads carried in it; and

(vi) the recovery of any expenses reasonably incurred in the execution of any power given or duty imposed by the regulations;

(zs) the use and registration of cycles and the payment of fees in respect of registration, and in particular -

(i) the procedure to be followed by cycle owners for the registration of cycles;

(ii) the manner in which cycles are to be registered;

(iii) the form of registration certificates, the issue of certificates and of copies, in case of loss or destruction of the original, and the fees to be paid;

(iv) the procedure for notifying a change of ownership of a cycle or for cancelling the registration of a cycle;

(v) the plate or other distinguishing mark or design to be affixed to, or borne by, a cycle for the purpose of its identification, and the manner in which the plate or other mark or design is to be affixed to or borne by the cycle;

(vi) the carriage of goods on cycles; and

(vii) the prevention of the fraudulent use of an unregistered cycle;

(zt) the exclusion of specified vehicles from the definition of "motor vehicle" in section 2;

(zu) the amendment of -

(i) the Schedules, other than the First, Fourth and Fifteenth Schedules;

[Amended 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

(ii) the First, Fourth and Fifteenth Schedules with the approval of the Minister to whom responsibility for the subject of finance is assigned;

[Repealed and replaced 27/12 (cio 22/12/12); Amended 29/25 (cio 1/1/26); 15/26 (cio 4/9/26).]

(zv) the form, manner and procedure of an appeal authorised under this Act.

191(1)

(1) Where a person commits an offence specified in the second column of the Fourth Schedule, the police officer, road transport inspector or traffic warden who detects the offence shall -

[Amended 1/2020 (cio 16/5/2020); 15/21 (cio 5/8/21); 29/25 (cio 31/1/26).]

(a) immediately serve a Fixed Penalty Notice (FPN) on that person calling upon him to pay, not later than 28 days after the date of the offence, the appropriate fine specified in that Schedule;

[Amended 15/21 (cio 5/8/21).]

(b) where that person refuses the FPN under paragraph (a), serve, within 10 days of the date of the offence, the FPN by sending it by registered post to that person's usual or last known place of residence or business address, calling upon him to pay, not later than 28 days after the date of the offence, the appropriate fine specified in that Schedule,

[Amended 15/21 (cio 5/8/21).]

to the appropriate District Court.

191(2)

(2) The FPN shall be in the form set out in the Seventh Schedule and be drawn up in quadruplicate.

191(3)

(3) The police officer, road transport inspector or traffic warden who detects the offence shall -

(a) serve or cause to be served the original of the FPN on the offender;

(b) forward one copy of the FPN to the Commissioner of Police or the Commissioner, as the case may be;

(c) forward one copy of the FPN to the appropriate District Court; and

(d) retain the fourth copy of the FPN.

191(3A)

(3A) (a) Where only one offence is detected, the FPN shall make reference to the lowest number of penalty points in respect of that offence.

(b) Where more than one offence is detected on a single occasion, the FPN shall, subject to paragraph (c), only make reference to the lowest number of penalty points in respect of the offence carrying the highest range of penalty points.

(c) Where the same range of penalty points is provided for 2 or more offences, the FPN shall make reference to the lowest number of penalty points in respect of any offence.

[Inserted 29/25 (cio 31/1/26).]

191(4)

(4) Nothing in this section shall invalidate any FPN served prior to the commencement of this section and that FPN shall continue to be dealt with in accordance with the repealed section 191.

192(1)

(1) Subject to subsection (1A), a person who is served with an FPN pursuant to section 191(1) shall, not later than 28 days after the date of the offence under section 191(1)(a) or not later than 28 days after the end of the period specified under section 191(1)(b), as the case may be -

[Amended 12/18 (cio 1/10/18); 1/2020 (cio 16/5/2020); 15/21 (cio 5/8/21); 29/25 (cio 31/1/26); 15/26 (cio 4/9/26).]

(a) attend the appropriate District Court specified in the FPN;

(b) produce -

(i) the FPN;

(ii) where he is the holder of a driving licence, a provisional driving licence or an international driving permit, that licence or permit, as the case may be; and

(iii) his National Identity Card or, where he is the holder of an international driving permit, his passport; and

(c) pay the fine specified in the FPN.

192(1A)

(1A) (a) Notwithstanding subsection (1) but subject to paragraph (b), a person who is served with an FPN pursuant to section 191(1) may, not later than 28 days after the date of the offence under section 191(1)(a) or not later than 28 days after the end of the period specified under section 191(1)(b), as the case may be, electronically pay the fine specified in the FPN.

(b) Paragraph (a) shall not apply to the offences specified in the second column of the Third Schedule.

[Inserted 15/26 (cio 4/9/26).]

192(2)

(2) On receipt of payment pursuant to subsection (1)(c), an officer of the District Court shall, in case the offence carries penalty points -

(a) fill in Part B of the FPN, including the penalty points allocated in accordance with section 191(3A), which shall be the penalty points specified in

Part A of the FPN; and

(b) return the FPN to the licensing officer within 14 days of payment.

[Repealed and replaced 7/15 (cio 27/7/15); RR 29/25 (cio 31/1/26).]

192(3)

(3) The licensing officer shall, on receipt of the FPN pursuant to subsection (2)(b), record the penalty points allocated to the person who has committed the offence.

[Added 29/25 (cio 31/1/26).]

193(1)

(1) Where a person who has been served with a notice under section 191 fails to pay the appropriate fine within the applicable time limit and criminal proceedings are instituted against him for the offence in respect of which he was served with the notice, he shall, notwithstanding this Act and section 153 of the Criminal Procedure Act, be liable, on conviction, to a fine which shall not be less than twice the amount specified in the third column of the Fourth Schedule in respect of that offence and, where the offence carries penalty points, he shall be allocated penalty points in accordance with subsection (2).

[Amended 12/18 (cio 1/10/18); 1/2020 (cio 16/5/2020); 29/25 (cio 31/1/26); 15/26 (cio 4/9/26).]

193(2)

(2) (a) Where a person is fined for one offence under subsection (1), he shall be allocated the highest number of penalty points in respect of that offence.

(b) Where a person is fined for more than one offence under subsection (1), he shall, subject to paragraph (c), only be allocated the highest number of penalty points in respect of the offence carrying the highest range of penalty points.

(c) Where the same range of penalty points is provided for 2 or more offences, the person shall be allocated the highest number of penalty points in respect of any offence.

[Added 29/25 (cio 31/1/26).]

194(1)

(1) Notwithstanding this Act or any other enactment, where such parking offences as may be prescribed are committed, a police officer, a road transport inspector or a traffic warden, may serve such notices on such persons, and in such manner, as may be prescribed.

194(2)

(2) Every person served with a notice under this section may, notwithstanding the provisions of this Act, pay the prescribed penalty, including any fixed penalty, within the delay and at the place prescribed.

194(3)

(3) Where the penalty specified in subsection (2) is not paid, criminal proceedings shall be instituted against such persons as may be prescribed.

195(1)

(1) Where an offence specified in the Eighth Schedule is detected by means of a Photographic Enforcement Device, a police officer shall, not later than 14 days after the date of the date of the offence, cause a Photographic Enforcement Device Notice (PEDN) in the form set out in the Eighth Schedule to be served on the owner of the motor vehicle calling upon him -

[Amended 1/2020 (cio 16/5/2020); 15/21 (cio 5/8/21); 29/25 (cio 31/1/26).]

(a) to pay, not later than 28 days after the date of issue of the PEDN, the appropriate fine specified in the Eighth Schedule;

[Amended 12/18 (cio 1/10/18); 15/21 (cio 5/8/21).]

(c) where he was not the driver or owner of the motor vehicle at the time of the offence, to fill in and sign Part B of the PEDN and return it to the licensing officer not later than 14 days after the date of the issue of the PEDN.

[Amended 15/21 (cio 5/8/21).]

195(2)

(2) Where the licensing officer receives a PEDN with Part B filled in, he shall, within 14 days, cause the PEDN to be served on the new owner or driver of the motor vehicle, as the case may be, calling upon him to comply with the requirements of subsection (1)(a).

[Amended 7/15 (cio 27/7/15).]

195(3)

(3) A driver who has been served with a PEDN shall not later than 28 days after the date of the offence under subsection (1)(a) -

[Amended 12/18 (cio 1/10/18); 1/2020 (cio 16/5/2020); 15/21 (cio 5/8/21); 29/25 (cio 31/1/26).]

(a) attend the appropriate District Court specified in the PEDN;

(b) produce -

(i) the PEDN;

(ii) where he is the holder of a driving licence, a provisional driving licence or an international driving permit, that licence or permit, as the case may be; and

(iii) his National Identity Card or, where he is the holder of an international driving permit, his passport; and

(c) pay the fine specified in the PEDN.

195(3A)

(3A) (a) Without prejudice to subsection (3), a driver who has been served with a PEDN may cause another person duly authorised by him in writing to pay the fine specified in the PEDN.

(b) The person authorised under paragraph (a) shall -

(i) attend the appropriate District Court not later than 28 days from the date of the issue of the PEDN;

[Amended 12/18 (cio 1/10/18); 1/2020 (cio 16/5/2020); 15/21 (cio 5/8/21); 29/25 (cio 31/1/26).]

(ii) produce the PEDN duly signed by the driver;

[Repealed and replaced 7/15 (cio 27/7/15).]

(iiA) produce, where the driver is the holder of a driving licence, a provisional driving licence or an international driving permit, the licence or permit of the driver, as the case may be;

[Inserted 7/15 (cio 27/7/15).]

(iiB) produce the National Identity Card of the driver or, where the driver is the holder of an international driving permit, the passport of the driver;

[Inserted 7/15 (cio 27/7/15).]

(iii) produce his National Identity Card or, in the case of a non-resident, his passport; and

[Amended 7/15 (cio 27/7/15).]

(iv) pay the fine specified in the PEDN.

[Inserted 26/13 (cio 21/12/13).]

195(3B)

(3B) Notwithstanding any other enactment, a driver who has been served with a PEDN or another person duly authorised by the driver under subsection (3A)(a) may pay the fine specified in the PEDN in any District Court convenient to the driver or the person.

[Inserted 26/13 (cio 21/12/13).]

195(3C)

(3C) Subsection (3A) shall not apply to an offence that carries penalty points.

[Inserted 29/25 (cio 31/1/26).]

195(4)

(4) Where an offence is detected, the PEDN shall make reference to the lowest number of penalty points in respect of that offence.

[Repealed 7/15 (cio 27/7/15); inserted 29/25 (cio 31/1/26).]

195(5)

(5) On receipt of payment made pursuant to subsection (3)(c), an officer of the District Court shall -

(a) fill in Part D of the PEDN, including the penalty points allocated in accordance with subsection (4), if any, which shall be the penalty points specified in Part A of the PEDN; and

(b) return the PEDN to the licensing officer within 14 days of the payment.

[Repealed and replaced 7/15 (cio 27/7/15); 29/25 (cio 31/1/26).]

195(6)

(6) The licensing officer shall, on receipt of the PEDN pursuant to subsection (5)(b), record the penalty points allocated to the person who has committed the offence.

[Repealed 7/15 (cio 27/7/15); inserted 29/25 (cio 31/1/26).]

195(7)

(7) The photographic evidence may be viewed by the owner or driver of the motor vehicle on written application made to the Commissioner of Police within 14 days of the date of issue of the PEDN, or not later than 14 days after the specified or prescribed period, as the case may be and on payment of the prescribed fee.

[Amended 1/20 (cio 16/5/20); 15/21 (5/8/21).]

195(8)

(8) In this section -

"owner" includes -

(a) a person in whose name the vehicle is registered, except where the person has sold or otherwise disposed of the vehicle and has complied with the enactment applicable to him in regard to such sale or disposal;

(b) a person who is the joint owner of the vehicle;

(c) a person who has possession of the vehicle, under a hiring, hire-purchase or lease agreement, but who is not the owner under any such agreement;

(d) the holder of a motor dealer's vehicle licence issued under section 32; and

(e) the holder of a permit to remove a vehicle under the Road Traffic (Removal of Unlicensed Vehicles) Regulations 1969;

"serve" means -

(a) deliver in person; or

(b) send, by registered post, to a person's usual or last known place of residence or business address.

196(1)

(1) Where the owner or driver of a motor vehicle, as the case may be, who is served with a PEDN fails to pay the specified penalty within the specified period, he shall -

[Amended 12/18 (cio 1/10/18); 1/2020 (cio 16/5/2020); 29/25 (cio 31/1/26).]

(a) be presumed to have been the driver of the vehicle at the time of the offence; and

(b) on conviction, be liable, notwithstanding this Act and section 153 of the Criminal Procedure Act, to a fine which shall not be less than twice the amount specified in the Eighth Schedule in respect of that offence and, where the offence carries penalty points, he shall be allocated penalty points in accordance with subsection (2).

[Amended 7/15 (cio 27/7/15); 29/25 (cio 31/1/26); 15/26 (cio 4/9/26).]

196(2)

(2) Where a person is fined for an offence under subsection (1), he shall be allocated the highest number of penalty points in respect of that offence.

[Added 29/25 (cio 31/1/26).]

198(1)

(1) For the purposes of this Act, the Minister may, by regulations, make provisions for sanitary measures to be observed during the COVID-19 period and during such further period as may be prescribed.

198(2)

(2) Any person who contravenes any regulations made under subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years.