L.I. 2180
Road Traffic Regulations, 2012
Assented to on 28 May 2012
IN exercise of the power conferred on the Minister responsible for Transport by Section 133 of the Road Traffic Act, 2004(Act 683), these Regulations are made this 28th day of May, 2012.
Registration
1. Register
The Licensing Authority shall keep and maintain a register for the registration of a motor vehicle and a trailer in the form that the Licensing Authority may determine.
2. Application to register
(1)
A person who intends to register a motor vehicle or a trailer shall
(a)
submit to the Licensing Authority an application, in dupli- cate, duly completed as specified in Form A, Al or B in the First Schedule, or in any other form determined by the Licensing Authority; and
(b)
pay to the Licensing Authority the fee specified in the Fifth Scehdule.
(2)
The Licensing authority shall not register a motor vehicle if the fee required in subregulation 1 (b) is not paid.
3. Verification of weights
(1)
An authorised person in order to register a motor vehicle shall, on the direction of the Authority, ascertain
(a)
the net weight, and
(b)
the weight at each axle.
(2)
The anthorised person shall make the necessary correction in the statement of weights declared by the owner.
(3)
Where the facility for weighing a motor vehicle is not available, the Licensing Authority shall require the owner of the motor vehicle to produce a certificate of the weight issued by the manufacturer or any other recognised agent of the manufacturer.
4. Registration of vehicle and trailer
(1)
Subject to the other provisions of this regulation, the Licensing Authority shall, on receipt of the application and the prescribed fees, register the particulars of the owner of the vehicle or trailer.
(2)
The Licensing Authority shall not register a motor vehicle where the vehicle
(a)
does not comply with the provisions of these Regulations applicable to the particular type or class of motor vehicle; or
(b)
does not satisfy the requirements for a roadworthy certificate.
(3)
The Licensing Authority shall not register a right-hand steering motor vehicle without approval of the Minister for Transport in consultation with the Minister responsible for Finance.
(4)
The Licensing Authority may require the production of the specification of the manufacturer or other evidence to ascertain the freight or load that the motor vehicle is constructed to carry as stated in the form or application in the case of registration of a commercial vehicle or a trailer.
(5)
The Licensing Authority shall determine the freight or load that the motor vehicle is constructed to carry in the case of the registration of a motor vehicle with a locally constructed body.
(6)
The Licensing Authority
(a)
shall not register a motor vehicle of any description used exclusively for carrying personal effects of the owner, as a commercial vehicle; and
(b)
shall register the motor vehicle, tractor or truck referred to in paragraph
(a)
according to the net weight as if the weight is the gross weight.
(7)
Where a motor vehicle is registered under these Reguations, the Licensing Authority shall issue in respect of that motor vehicle, a Vehicle Registration Certificate as set out in Form C of the First Schedule which specifies the following:
(i)
the name and address of the owner,
(ii)
the date and place of registration,
(iii)
the particulars of. the motor vehicle,
(iv)
particulars of the roadworthiness certificate of the motor vehicle and date of its expiry, and
(v)
other particulars that the Licensing Authority may specify.
(8)
A person driving a motor vehicle shall keep in the motor \ehicle the Vehicle Registration Certificate issued under subregulation (8) .
5. Tests of condition of motor vehicle
(1)
The owner of a motor vehicle which is used on a road shall
(a)
ensure that the motor vehicle is submitted for examination in accordance with these Regulations; and
(b)
pay the prescribed fees specified in the Fifth Schedule for the examination.
(2)
The Licensing Authority shall conduct the examination to determine whether
(a)
the motor vehicle conforms to the prescribed requirements relating to construction, use, condition of accessories and other equipment, and
(b)
the condition of the motor vehicle will not pose a danger or injury to a person or damage to property on the road.
(3)
The Licensing Authority shall conduct the examination
(a)
every two years for a new private motor vehicle until the motor vehicle is four years old or has covered one hundred thousand kilometres which ever comes first;
(b)
every year for a new commercial vehicle until the vehicle is two years old or has covered one hundred thousand kilometres which ever comes first;
(c)
every year for a private motor vehicle which is more than four years old or which has covered more than one hundred thousand kilometres; or
(d)
every six months for a commercial vehicle which is more than two years of age or which has covered more than one hundred thousand kilometres.
6. Person to conduct examination of motor vehicle
(1)
The Licensing Authority or an examiner authorised by the Licensing Authority shall conduct the examination.
(2)
The Licensing Authority may authorise an examiner to conduct the examination subject to conditions determined by the Licensing Authority.
(3)
The Licensing Authority may for the purpose of the examination,
(a)
maintain a motor vehicle station where the examination may be conducted,
(b)
maintain the apparatus for conducting the examination, and
(c)
designate a private motor vehicle testing station where motor vehicle examination may be conducted .
7. Road use certificate
(1)
A person shall not
(a)
drive or use, or
(b)
permit another person to drive or use a motor vehicle on a road, unless the motor vehicle has a valid road use certificate provided for under the Act.
(2)
The road use certificate shall be obtained on application to the Authority.
(3)
The application shall be in a form specified in these Regulations.
(4)
A person who submits an application for a road use certificate shall
(a)
attach to the application particulars which are relevant to the application; and
(b)
pay the prescribed fee specified in the Fifth Schedule.
(5)
The road use certificate is as set out in form D in the First Schedule.
(6)
The owner of a motor vehicle shall ensure that the road use certificate is renewed at any time within one month before the date of its expiry and the renewal shall have effect from the date of expiry.
(7)
Where a person in charge of a motor vehicle renews a road use certificate after the date of expiry, the renewal shall take effect from the date of expiry unless the Licensing Authority for good cause shown, permits the renewal to take effect from the date of the renewal.
(8)
A person who contravenes a provision of this regulation commits an offence and is liable on summary conviction to a fine of not less than five penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or both.
8. Issue of road use sticker
(1)
The road use certificate shall be in the form of a sticker to be affixed to the motor vehicle.
(2)
The applicant shall fix the sticker on the right inner-side of the front windscreen of the motor vehicle in a manner that makes it readily identifiable by a police officer or an officer of the Licensing Authority.
(3)
The road use certificate is valid from the date of issue for
(a)
six months for a commercial vehicle; and
(b)
twelve months for a private motor vehicle.
(4)
Where the Licensing Authority is satisfied that a road use certificate has become defaced or lost, the Licensing Authority may issue a duplicate road use certificate on payment of the fee specified in the Fifth Schedule.
9. Exemption from requirement for road use certificate
The requirement for a road use certificate does not apply to a motor vehicle
(a)
owned by the Armed Forces, the Police Service or the Prisons Service;
(b)
owned by Fire Service; or
(c)
exempted by an instrument issued by the Minister under the Act.
10. Vehicle registration number plate
(1)
Where a person registers a motor vehicle or trailer, the Licensing Authority shall assign and register an identification mark in respect of the motor vehicle or trailer.
(2)
The identification mark shall be embossed on a number plate and comprise
(a)
a prefix to indicate the registration area in which the motor vehicle or trailer is registered,
(b)
a separate number,
(c)
a dash to be inserted between the number and suffix, and
(d)
a suffix to indicate the year of registration of the motor vehicle or the trailer, as prescribed in the Second Schedule
(3)
Where an applicant requests that a particular identification mark or a special registration number be assigned to the motor vehicle, the Licensing Authority may assign that identification mark on payment by the applicant of the fee specified in the Fifth Schedule.
(4)
In accordance with these Regulations,
(a)
a particular identification mark comprise
(i)
the personalised identification mark,
(ii)
up to four digit numbers uniquely identifying the motor vehicle,
(iii)
a dash, and
(iv)
two digit number suffix representing the year of registration as prescribed in the Second Schedule; and
(b)
the prefix of a personalised identification mark which shall not exceed six characters.
(5)
The identification mark shall be carried by the motor vehicle on two plates which shall conform to the requirements of the Second Schedule.
(6)
A person in charge of a motor vehicle shall ensure that the motor vehicle has the identification mark on the two plates of the motor vehicle.
(7)
A person in charge of a motor vehicle shall fix a number plate
(a)
in a manner that makes the number plate not to be easily detachable,
(b)
in an upright position or within fifteen degrees of that position,
(c)
in a manner that makes each letter and figure legible, and
(d)
that has the features specified in subregulations (8), (12) and (14).
(8)
A number plate shall have reflective letters which are numerals or other identifying marks
(a)
clearly legible at night in clear weather, and
(b)
visible to and recognisable by the person driving a motor vehicle immediately following at a distance of not less than sixty metres.
(9)
A person in charge of a motor vehicle number shall fix the two number plates
(a)
on the front and rear sides of the motor vehicle; and
(b)
on the front and rear sides of the trailer, so that each letter or figure on the plate is upright and easily distinguishable from the front and from the rear.
(l0)
Where a motor vehicle is towing a trailer, an additional plate displaying the identification mark of the towing vehicle shall be fixed on the rear of the trailer in addition to the plate displaying the identification mark of the trailer.
(11)
A motor cycle shall have a number plate consisting of,
(a)
the letter “M”,
(b)
a dash,
(c)
a two digit number representing the year of registration,
(d)
a dash,
(e)
two letters representing the regional or sub-regional licensing code, and .
(f)
up to four digit numbers representing the identification marks of the motor-cycle as specified in the Second Schedule
(12)
A number plate of a motor vehicle or motor cycle shall be embossed with
(a)
a Ghana flag,
(b)
the country identification mark ‘GR’, and
(c)
a circular symbolas specified in the Second Schedule.
(13)
A number plate shall be resistant to wear and tear.
(14)
A number plate shall be rectangular and measure
(a)
eighteen centimetres by thirty-four centimetres for a motor vehicle;
(b)
sixteen centimetres by twenty-six centimetres for a motor cycle; or
(c)
be of the dimensions the Licensing Authority may determine.
(15)
A number plate shall have borders made of the same colour as the embossing colour.
(16)
In the case of a motor-cycle, the plate fixed on the front of the motor cycle, which conforms with the Second Schedule shall be fixed so that from whichever side the cycle is viewed the letters or figures on one or other face of the plate are easily distinguishable though they may not be distinguishable from the front of the cycle.
(17)
In addition to the vehicle registration number plate issued under subregulation (1), the Licensing Authority shall issue, to a person, a third licence plate which is retro-reflective and has vehicle security features determined by the Licensing Authority upon payment of a fee specified in the Fifth Schedule.
(18)
The retro reflective licence plate issued under subregulation (17) shall
(a)
be in a form of a sticker,
(b)
bear the same information as the vehicle registration number plate, in addition to the chassis number, the make and model of the vehicle, and
(c)
be fixed on the inner right hand side corner of the windscreen in a manner that makes it visible to the Police and other authorised persons.
(19)
A person shall not keep, use or drive a motor vehicle or tailer on a road without a retro reflective licence plate as required under this regulation.
11. Refusal to fix registration number plate
(1)
A person shall not keep, use or drive a motor vehicle or a trailer on a road without a registration number fixed as required by these Regulations.
(2)
An owner of a motor vehicle or a person in charge of a trailer in use or kept on a road, commits an offence if the registration number of the motor vehicle or the trailer is fixed in a manner that is
(a)
obscure; or
(b)
not easy to distinguish.
(3)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than five penalty units and not more than twenty five penalty units or to a term of imprisonment of not more than thirty days or both.
(4)
A person who commits an offence under subregulation (2) is liable to the same penalty provided in subregulation (3).
12. Renewal of registration number
(1)
An owner of a motor vehicle or trailer shall renew the registration number every two years by application to the Licensing Authority in the prescribed form.
(2)
The Licensing Authority shall grant the renewal and issue the applicant with a validation sticker if
(a)
the applicant has complied with the requirements of the Act, these Regulations and the conditions of the registration; and
(b)
paid the prescribed fee as specified in the Fifth Schedule.
(3)
A person in charge of a motor vehicle or trailer shall affix a validation sticker on the left top comer of the licensed plates as determined by the Licensing Authority.
(4)
A person who fails to renew a registration number commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
13. Withdrawal of registration number
(1)
The Licensing Authority may withdraw a registration number assigned to a motor vehicle or a trailer in appropriate circumstances
(2)
The Licensing Authority shall make the necessary and consequential amendments to the register and the motor vehicle or trailer registration certificate where a withdrawal is made under subregulation (1) .
14. Registration of number plate manufacturer and embosser
(1)
A person who intends to engage in the business of
(a)
manufacturing metal plates for use as motor vehicle registration number plates, or
(b)
embossing registration numbers on number plates for motor vehicles shall apply to be registered with the Licensing Authority in the Region where the business is intended to operate.
(2)
The Licensing Authority shall, where the applicant satisfies the conditions for registration determined by the Licensing Authority, in the case of an enterprise to which subregulation (l)(b) applies, issue the applicant on registration with a trade mark submitted by the applicant.
(3)
The Licensing Authority shall not issue a trade mark which is similar to another trade mark or which is likely to confuse or deceive the public.
(4)
A person registered under subregulation (l)(b) shall, on embossing a motor vehicle registration number, indicate the trademark of that person on the plate, as directed by the Licensing Authority.
(5)
Registration under subregulation (1) shall be in addition to other registration required by law.
(6)
Subject to subregulation (1), a person commits an offence, if that person uses a motor vehicle on the road with a number plate that
(a)
does not meet with the requirement of these Regulations; or
(b)
does not have a trademark of the manufacturer, embossed on the number plate.
(7)
An enterprise or person commits an offence if contrary to subregulation (1)
(a)
that enterprise or person has not registered with the Licensing Authority, and
(i)
manufactures metal plates for vehicle registration numbers; or
(ii)
embosses vehicle registration numbers on metal plates.
(8)
A person who fraudulently uses a trade mark in embossing a vehicle number plate, commits an offence and is liable on summary conviction to a fine of not less than twenty-five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both. .
15. Vehicle Lay-Off Certificate
(1)
Where a motor vehicle is not in use during the stipulated validity period for road worthiness, a person may apply to the Licensing Authority to cancel the Vehicle Registration Certificate and issue the applicant with a Lay Off Certificate.
(2)
An owner of a motor vehicle shall pay road user charges in respect of a motor vehicle for which a Vehicle Registration Certificate remains until the Lay Off Certificate is obtained.
(3)
Where a motor vehicle is brought back for use on the road after a temporary lay-off without cancellation of the Vehicle Registration Certificate, the outstanding road user charges in respect of the motor vehicle are payable.
(4)
The Licensing Authority shall issue a form for reporting a motor vehicle for lay-off.
(5)
Despite the provisions of this regulation, where the Licensing Authority is satisfied that a registered motor vehicle has been destroyed or is permanently removed from Ghana, the Licensing Authority shall cancel the Vehicle Registration Certificate in respect of that motor vehicle after a written notice of not less than ninety days has been given to the owner.
16. Re-registration of existing registered motor vehicle
(1)
The Licensing Authority shall re-register the following categories of motor vehicles if they are sold to the public:
(a)
a motor vehicle registered under ‘GV’;
(b)
a motor vehicle with Police, Armed Forces, Prisons Service, Fire Service or Diplomatic number registration;
(c)
a motor vehicle bearing a personalised identification number; or
(d)
a motor vehicle bearing an operational number.
(2)
A person who seeks to re-register a motor vehicle under subregulation (1), if exempted by any other law, shall submit with the application,
(a)
certified auction document or sale document,
(b)
receipt of purchase,
(c)
a letter for change of ownership,
(d)
a certified true copy of the original technical particulars of the motor vehicle, and
(e)
any other requirements that the Licensing Authority may demand.
(3)
Except as provided in this regulation, the other provisions applicable to the first registration of a motor vehicle under these Regulations apply to re-registration.
(4)
A person who uses or allows to be used on the road a motor vehicle which is not re-registered in accordance with subregulations (1), (2) and (3) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
17. Change of ownership
(1)
Where the ownership of a motor vehicle or a trailer is required to be changed, the prospective owner shall within fourteen days give notice of the change to the Licensing Authority and provide the following:
(a)
a completed motor vehicle registration Form A or Form E in the First Schedule,
(b)
a letter for change of ownership by the present owner, and
(c)
other requirements that the Licensing Authority may demand.
(2)
The Licensing Authority shall effect a change of ownership if the Licensing Authority has been given notice under subregulation (1).
(3)
The Licensing Authority shall not effect a change of ownership until the Licensing Authority has physically checked the chassis number on the motor vehicle and ascertained that the number corresponds with the records of that motor vehicle as provided for in subregulation (1).
(4)
Where the ownership of a licensed motor vehicle is changed,
(a)
the previous owner shall transfer the licence to the prospective owner,
(b)
the new owner shall present the licence to the Licensing Authority together with other evidence of the change of ownership that the Licensing Authority may require, and
(c)
the Licensing Authority shall substitute the name of the prospective owner for that of the person named in the licence as the owner of the motor vehicle.
(5)
Where the prospective owner fails to comply with this regulation the change of ownership of the motor vehicle shall not be effected.
(6)
Where the prospective owner is the Government or a Registered Company or a Diplomatic Mission, the authorised representative shall inform the Licensing Authority of the change of ownership.
(7)
The prospective owner shall pay the fees prescribed in the Fifth Schedule for change of ownership.
(8)
On the change of ownership, the existing registration number plate of the motor vehicle or the trailer shall continue in the name of the new owner except for a Government or Diplomatic vehicle.
18. Procedure where motor vehicle is destroyed
(1)
A person who owns a motor vehicle shall inform the Licensing Authority in writing within ninety days where that motor vehicle has been
(a)
destroyed, broken up or permanently immobilised; or
(b)
removed from the road or the country.
(2)
Where the Licensing Authority is satisfied that a registered motor vehicle has been destroyed, broken up or permanently immobilised, removed from the road or the country, the Licensing Authority shall cancel the entries in the register in respect of that motor vehicle.
19. Change of use and physical conversion
(1)
A person who owns a motor vehicle shall obtain approval from the Licensing Authority before modifying the motor vehicle.
(2)
Where the owner of a registered motor vehicle
(a)
changes the use for which the motor vehicle was registered, or
(b)
physically converts the motor vehicle to alter the use for which the motor vehicle was registered, the owner shall within seven days of that conversion, inform the Licensing Authority in the form prescribed by the Licensing Authority and shall pay the fees prescribed in the Fifth Schedule.
(3)
Where the owner completes the modification of the motor vehicle, that owner shall notify and present the motor vehicle to the Licensing Authority for inspection and issuance of a road worthiness certificate.
(4)
Despite subregulation (1), a motor vehicle for carrying goods may be converted to carry passengers where the conversion is in accordance with standards prescribed by the Licensing Authority.
20. Update of Register
Where a circumstance other than a change of ownership occurs that changes the particulars of a motor vehicle in the register, the owner of the motor vehicle shall,
(a)
in writing inform the Licensing Authority of the circumstances, and
(b)
pay the fees specified in the Fifth Schedule; and the Licensing Authority shall update the register accordingly.
21. Copy of entry
(1)
The Licensing Authority shall, if required by a Police Officer not below the rank of an Inspector, provide free of charge a copy of the particulars required from the register relating to a specified motor vehicle.
(2)
The Licensing Authority may supply a copy of the entries in respect of a specified motor vehicle to a person who applies for a copy of the entries, after the applicant has paid the fees prescribed in the Fifth Schedule.
(3)
The Licensing Authority may supply a copy of the entries in respect of a specified motor vehicle to a public officer in official capacity who applies for a copy of those entries if that public officer pays the prescribed fees specified in the Fifth Schedule.
Licensing
22. Register of Licences
(1)
The Licensing Authority shall keep and maintain a register of licences, revocations, cancellations, withdrawals, suspensions, endorsements and” renewal of licences in a form that the Licensing Authority may
(2)
The Licensing Authority shall, on application by a police officer not below the rank of Inspector, provide free of charge the particulars in the register in respect of a licence.
(3)
The Licensing Authority may supply to any other person who applies for particulars entered in the register in respect of a licence, a copy of the entry on payment by that person of the fees prescribed in the Fifth Schedule.
(4)
The Licensing Authority shall supply to a public officer who applies in an official capacity for a copy of the entry in respect of a licence, a copy of the entry on payment of the prescribed fees specified in the Fifth Schedule.
23. Trade Licence
(1)
The Licensing Authority may issue a trade licence to a motor trader, fleet owner or a licensed trade plate dealer, on payment by that trader, owner or dealer of the prescribed fee specified in the Fifth Schedule.
(2)
A trade licence is valid for a period of one year and only in relation to the specific motor vehicle for which the trade licence was issued.
(3)
Despite subregulation (1), the Licensing Authority may issue a trade licence to a person not specified in that subregulation where
(a)
a motor vehicle having been off-loaded from a ship, freighter, train or other road vehicle is being driven to the place of business of the dealer or fleet owner;
(b)
a motor vehicle is being tested after having been received, assembled or repaired at the place of business of the dealer or fleet owner;
(c)
a motor vehicle is being tried by or on behalf of an intended purchaser or the owner in the case of a motor vehicle under repairs;
(d)
an unregistered motor vehicle or a motor vehicle under repair is being transferred from or to another place in the country where a dealer or fleet owner carries on his business;
(e)
a motor vehicle is being transferred from the place of business of a fleet owner or to the place of business of a dealer to enable repairs to the motor vehicle to be effected; or
(f)
an unregistered motor vehicle or a motor vehicle which has been repaired is being delivered by the dealer to the fleet owner concerned.
(4)
A trade licence is as specified in Form F in the First Schedule and consists of the letter D followed by the identification letters of a series distinct from that in use for a registered motor vehicle and identification numeral assigned by the Licensing Authority.
(5)
Where the Licensing Authority issues a trade licence, the Licensing Authority shall enter the trade licence particulars in a register kept for that purpose.
(6)
A dealer or a fleet owner may apply for and obtain a number of trade licences.
(7)
A person who has been refused a trade licence may appeal to the Chief Executive of the Licensing Authority for a review.
(8)
A trade licence does not authorise the motor vehicle for which the licence has beenissued to be used for carrying of passengers, goods for hire or reward or passengers who are not engaged in testing the motor vehicle or inspecting the motor vehicle with a view to purchasing the motor vehicle.
(9)
Where a motor vehicle is used under a trade licence, the person in charge of the motor vehicle shall fix the plates bearing the trade identification mark on the front and rear of the motor vehicle.
(10)
A trade licence is subject to the conditions specified by the Authority in relation to that licence.
(11)
A person shall hot
(a)
use a trade licence plate for a purpose that is not authorised by this regulation;
(b)
use a motor vehicle that requires a trade licence plate with- out displaying the trade licence plate on the front and rear of the motor vehicle;
(c)
use a forged trade licence or a copy of a trade licence plate;
(d)
use, make or have in that person’s possession a forged trade licence plate or a copy of a trade licence plate; or
(e)
drive a motor vehicle which displays a forged plate or a duplicate copy of a trade identification mark.
24. Trade Licence Log Book
(1)
A dealer or a fleet owner shall keep a separate trade licence log book, as set out in Form G in the First Schedule for each trade licence plate that the dealer or flat owner authorises.
(2)
The dealer or the fleet owner shall enter in the log book appropriate to the trade licence plate displayed on the motor vehicle on that occasion, complete particulars of the movements of the motor vehicle or trailer immediately before and after each occasion on which the motor vehicle is used under the trade licence.
(3)
A person who makes an entry under subregulation (2) shall sign the entry at the time it is made.
(4)
A dealer or fleet owner shall make the log book available for inspection by a police officer in uniform at the request of that police officer.
(5)
A person shall not make or cause to be made an entry which that person knows or believes to be false.
(6)
A person who contravenes subregulations (1) to (5) commits an offence and is liable on summary conviction to a fine of not less than five penalty units and not more than twenty five penalty units or to a term of imprisonment of seven days or to both.
25. Driver’s licence
(1)
A person may drive a motor vehicle if that person has
(a)
a learner’s licence, or
(b)
a driver’s licence.
(2)
A driver’s licence is in six classes as set, out in Form H in the First Schedule and is subject to restrictions which are specific to the holder of each class that the Licensing Authority may specify.
(3)
The Licensing Authority may grant a person more than one class of licence after that person has passed the relevant and appropriate test conducted by the Licensing Authority.
(4)
Despite regulation 37, the Licensing Authority shall issue a first time applicant for a driver’s licence with a Class B licence, except where the application is in respect of an agricultural or a road construction machine or a motorcycle.
26. Learner’s licence
(1)
A person who is at least eighteen years old may apply for a learner’s licence.
(2)
The Licensing Authority may request that an application for a learner’s licence be supported by a birth certificate and other relevant documents.
(3)
An applicant for a licence shall be examined by a person authorised by the Licensing Authority for that purpose.
(4)
The examination consists of
(a)
an oral test;
(b)
a theoretical test; and
(c)
a practical driving test.
(5)
An applicant shall satisfy the examiner that the applicant has
(a)
passed an oral test,
(b)
sufficient theoretical knowledge of the Highway Code as regards
(i)
the rules of the road, and
(ii)
the road traffic signs ,signals and road markings as specified in the Third Schedule,
(c)
the control of a motor vehicle of the class to which the application is related, and
(d)
been certified by a recognised driver training institution as having undergone at least forty-eight hours of basic driver training.
(6)
An examiner. shall issue a learner’s licence, as set out in Form I in the First Schedule, to the applicant on payment of the fees specified in the Fifth Schedule and on the satisfaction of the requirements under subregulation (5).
(7)
An examiner shall endorse the learner’s licence where the applicant is
(a)
found to be competent to drive with the aid of glasses or contact lenses, an artificial limb or other physical aid; or
(b)
a person with a physical disability who has to drive a motor vehicle adapted for a person with physical disability, or a motor vehicle adapted specially for that physically disabled applicant.
(8)
A learner’s licence is valid for a period of three months from the date of issue.
(9)
A learner’s licence is subject to renewal where the learner
(a)
fails to take a driving test; or
(b)
fails to pass a driving test within the three months from the date of issue.
(10)
A qualified driver or a licensed instructor shall accompany a learner who is driving on the road or in a public place.
(11)
The qualified driver or licensed instructor shall have a valid licence which is not less than three years old and the licence shall be of the class or higher than the class of the motor vehicle in which the learner is being instructed.
(12)
The qualified driver or licensed instructor shall, while instructing the learner, occupy the seat nearest to the learner and the controls of the motor vehicle.
(13)
A learner shall not drive a motor vehicle or ride a motorcycle which is carrying a passenger except the instructor.
(14)
A learner shall not drive a motor vehicle or ride a motorcycle between the hours of 7.00p.m. and 5.00 a.m.
(15)
A learner shall not have alcohol concentration above zero level in the blood or breathe of the learner while learning to drive.
(16)
A learner shall not drive on a high-speed road.
(17)
A learner shall not drive a motor vehicle or motor-cycle at a speed that exceeds fifty kilo metre per hour.
(18)
An applicant with a physical disability who intends to drive an adapted motor vehicle must pass a practical driving test and other tests that the Licensing Authority may determine as indicated in Form J in the First Schedule.
(19)
A person shall not be granted a learner’s licence if that person is disqualified from obtaining a driver’s licence under the Act.
(20)
A person who contravenes subregulations (10) and (11) commits an offence and is liable on summary conviction to a fine of not less than five penalty units and not more than twenty-five penalty units or to a term of
27. Application for driver’s licence
(1)
An application for a driver’s licence shall be in the format and contain the information set out in Form K in the First Schedule.
(2)
The applicant shall provide
(a)
a passport photograph,
(b)
finger print,
(c)
signature, and
(d)
any other biometric details that may be required.
28. Conditions for grant of driver’s licence
(1)
The Licensing Authority shall, issue a driver’s licence, to an applicant if the applicant has passed
(a)
a medical examination prescribed by the Licensing Authority,
(b)
a theory and practical driving test,
(c)
in-traffic test, and
(d)
any other test prescribed by the Licensing Authority.
(2)
A person appointed for that purpose by the Licensing Authority shall conduct a driving test for the applicant on the payment by the applicant of the fees specified in the Fifth Schedule.
(3)
The test shall be conducted at the time and place as the Licensing Authority may direct.
(4)
The test shall be used to ascertain the ability and competence of the applicant.
(5)
Where a person has passed a driving test to the satisfaction of the examiner, the examiner shall issue the applicant a certificate as set out in Form L of the First Schedule, stating
(a)
the class or type of motor vehicle on which the applicant was tested,
(b)
the class oflicence the applicant is qualified to hold, and
(c)
the fact that the applicant, being the holder of a licence, has passed a subsequent test that is required to be recorded in the licence.
29. Eye test
(1)
A prospective applicant for a learner’s licence, a driver’s licence or a renewal of driver’s licence shall undergo an eye test.
(2)
A prospective applicant for a learner’s licence, a holder of a driver’s licence or an applicant for the renewal of a driver’s licence shall have a minimum binocular vision of 6/12 or 20/40 as specified in the First Schedule.
(3)
An applicant for a driver’s licence shall have no defect apart from the physiological blind spot in a minimum of 120 degrees of horizontal binocular visual field using 1114E setting on the Goldman machine or its equivalent.
(4)
An applicant who suffers from a tunnel vision is disqualified from obtaining a driver’s licence.
(5)
A registered ophthalmologist or optometrist shall certify the results’ of a vision test presented by an applicant to the Licensing Authority.
(6)
The form of application for eye test for a Driver’s licence and renewal of a Driver’s licence is as set out in Form M in the First Schedule.
30. Driving with uncorrected defective eyesight
(1)
A person shall not drive a motor vehicle on a road if that person does notcomply with the requirements on eyesight prescribed under these Regulations.
(2)
Where a police officer suspects that a person is driving a motor vehicle in contravention of subregulation (1), the officer may require the person to submit to an eye test to ascertain whether, that person at the time of driving, has complied with the requirements on eyesight in these Regulations.
31. Upgrading of class
(1)
A holder of one class of driver’s licence may upgrade to the next higher class after two years.
(2)
The application Form for the upgrade of the class of a driver’s licence is set out in Form N in the First Schedule.
(3)
A holder of a class of driver’s licence who wishes to acquire a driver’s licence of a higher class shall
(a)
pass a theory test prescribed by the Licensing Authority,
(b)
pass an in-traffic test,
(c)
show evidence of having passed a medical examination,
(d)
show evidence of continuous driving in the previous class,
(e)
show evidence of having attended an upgrading programme organised by a certified driver training institution, and
(f)
satisfy any other condition prescribed by the Licensing Authority.
(4)
A holder of a commercial driving licence shall in addition to the requirements under subregulation (2), provide the following:
(a)
evidence of a valid commercial driving permit,
(b)
evidence of membership of a recognised transport organisation, and
(c)
any other condition that the Licensing Authority may prescribe.
32. Issuance of a driver’s licence
(1)
The Licensing Authority shall grant a driver’s licence as prescribed in Forms a and a 1 in the First Schedule and the licence is valid for the period specified in the driver’s licence.
(2)
The fee for the grant of a driver’s licence is as specified in the Fifth Schedule.
(3)
The holder of a driver’s licence shall sign the licence in the space provided.
(4)
A person who is granted an upgraded class of driver’s licence for a type of motor vehicle, is eligible to drive a motor vehicle of a lower class if that motor vehicle is not a motorcycle or equipment.
33. Renewal of driver’s licence
(1)
A driver’s licence may be renewed at any time within one month before the licence expires and the renewed licence shall have effect from the expiry date.
(2)
Where a driver’s licence is renewed after the expiry date, the renewal shall take effect from the expiry date unless the Licensing Authority, for good cause shown, permits that the renewal should take effect from the date of the renewal.
(3)
The fee for the renewal of a driver’s licence is as specified in the Fifth Schedule.
(4)
The form of renewal of a driver’s licence is as set out in Form P of the First Schedule and is subject to other requirements determined by the Licensing Authority.
(5)
Where a driver’s licence produced for renewal is defaced but still legible, the Licensing Authority shall subject to other conditions that the Licensing Authority may determine, replace the driver’s licence on payment of the fee specified in the Fifth Schedule.
(6)
Regulation 32 applies to the grant of a new licence under subregulation (5).
(7)
A driver’s licence is subject to renewal every two years and the licence shall be replaced after a period of six years from the date of issue.
(8)
A holder of driver’s licence shall renew the licence personally after the holder .
(a)
has passed an eye test and other tests that may be required by the Licensing Authority; and
(b)
shows evidence of having attended a register training programme organised by a certified driver training institution.
(9)
A person who fails to renew a driver’s licence as prescribed in subregulation (8) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty- five penalty units or to a term of imprisonment of not more than thirty days or to both.
34. L-Plate
(1)
Where a motor vehicle is being driven by a person learning how to drive a motor vehicle, the instructor shall affix to the motor vehicle, for easy visibility, two plates or discs, one of which shall be on the front and one at the rear, displaying the letter “L” in red on a white back- ground, and of the size specified in the Second Schedule.
(2)
The Licensing Authority or an authorised agent of the Licensing Authority shall issue the L-plate.
35. P-Plate
(1)
When a person is licensed for a particular class for the first time, the person shall affix to the motor vehicle for easy visibility, two plates or discs, one of which shall be onthe front and one at the rear, displaying the letter P in white on a green background, and the size specified by the Licensing Authority
(2)
The Licensing Authority or an authorised agent of the Licensing Authority shall issue the P-plate for use by the licence holder for a continuous probation period of twelve months.
(3)
A P-plate licence holder who commits a minor road traffic offence is liable on summary conviction to the fine prescribed under these Regulations.
(4)
A P-plate licence holder who commits a major traffic offence shall have the licence withdrawn and be subjected to re-training and re-testing.
36. Revocation, suspension, endorsement or cancellation of licence
(1)
The Licensing Authority may endorse, suspend, revoke, or cancel a licence granted to a person.
(2)
The Licensing Authority shall give notice in writing to the licence holder of its intention to suspend, revoke, endorse or cancel the licence with effect from the date specified in the notice and state the reason for the suspension, revocation, endorsement or cancellation.
(3)
The Licensing Authority shall revoke or suspend a licence issued under these Regulations if the holder’s conduct on the road makes the holder unfit to hold that licence.
(4)
The Licensing Authority shall provide an appropriate system of endorsement of the driver’s licence that includes punching, defacing or marking.
(5)
Where a licence is suspended, revoked or cancelled under subregulation (1),the licence is invalid during the period of suspension, revocation or cancellation.
(6)
A person who drives a motor vehicle whilst that person’s licence issuspended, revoked or cancelled commits an offence.
(7)
An offence is not committed under subregulation (6),
(a)
if the person whose licence is revoked under subregulation (1) is not in possession of the licence because the licence is surrendered to a police officer or an authorised person, and
(b)
if the licence is delivered to the Licensing Authority immediately on the return of the licence.
37. Persons disqualified from holding a driver’s licence
(1)
A person is disqualified from holding or obtaining a licence to drive,
(a)
a motor cycle, if that person is under eighteen years of age;
(b)
a commercial vehicle, if that person is under twenty-five years of age;
(c)
an agricultural tractor, if that person is under twenty-five years of age; or
(d)
any other motor vehicle, if that person is under eighteen years of age.
(2)
A person who contravenes subregulation (1) commits an offence is liable on summary conviction to pay the fine specified in the Seventh Schedule.
38. Disqualification on revocation of licence
(1)
Where the Licensing Authority revokes a person’s driver’s licence, the Licensing Authority may
(a)
disqualify that person indefinitely or for a period that the Licensing Authority considers fit from holding a driver’s licence; or
(b)
except where the licence is a learner’s licence, if it appears to the Licensing Authority that, because of the conduct of the holder of the licence, it is expedient to require the holder to comply with the prescribed conditions applicable under these Regulations, the holder shall pass the prescribed test of competence to drive a motor vehicle of that class.
(2)
If, while the holder of a driver’s licence is disqualified under subregulation (1), the circumstances prescribed cease to exist, the Licensing Authority shall on an application made by that person for the purpose, remove the disqualification.
(3)
Where the holder of a licence is disqualified under paragraph (b) , of subregulation (1), the Licensing Authority shall afterwards grant a licence to drive a motor vehicle of a class if it is satisfied that, that person has since the disqualification passed the prescribed test of competence to drive a motor vehicle of that class, and until the person passes that test, a licence obtained by the pers~n is not valid.
(4)
Where a holder of a commercial vehicle driver’s licence is disqualified,
(a)
the Licensing Authority shall not grant a commercial driver’slicence to that holder; and(b) a licence obtained by that holder is not valid
39. Revoked or suspended licence
(1)
Where the Licensing Authority revokes or suspends a licence, the Licensing Authority shall serve notice in writing on the holder of the licence requiring the holder to deliver the licence immediately to the Licensing Authority, and the holder of the licence shall comply with the request.
(2)
The Licensing Authority shall on receipt of a revoked or suspended licence
(a)
issue to the holder, on payment of the prescribed fee, a licence authorising the driving of the classes of motor vehicles which are unaffected by the revocation in the case of a revoked licence; or
(b)
endorse the licence with particulars of the suspension and return the licence to the holder in the case of a suspended licence.
40. Driving while licence is suspended or revoked
(1)
A person shall not drive a motor vehicle, if the driver’s licence of that person has been
(a)
suspended;
(b)
revoked; or
(c)
cancelled.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units and not more than one hundred penalty units or a term of imprisonment of not less than three months and not more than six months or to both.
41. Unlawful use of license
(1)
A person shall not
(a)
lend a driver’s licence to another person or knowingly permit the use of a driver’s licence by another person; or
(b)
display or represent as the person’s own, an instruction permit, a driver’s licence or identification card issued by the Licensing Authority that is fictitious or has been fraudulently altered in any manner.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a -fine of not less than fifty and not more than one hundred penalty units or a term of imprisonment of not less than three months and not more than six months or to both.
42. Prohibition of unlicensed person to operate motor vehicle
(1) A person shall not authorise, order, consent or knowingly permit the operation of a motor vehicle owned by that person or under that person’s control by another person, when that person has knowledge that, that other person has no legal right to do so.
(2) A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than fifty and not more than one hundred penalty units or a term of imprisonment of not less than three months and not more than six months or to both.
43. Driver re-training and re-testing
(1)
A person who drives a motor vehicle shall undergo re-train- ing and re-testing, if
(a)
that person is involved in an accident and is adjudged by a court of competent jurisdiction to be at fault;
(b)
that person is convicted of any of the following traffic offences:
(i)
driving under the influence of alcohol or drugs;
(ii)
careless and inconsiderate driving; or
(iii)
dangerous driving;
(c)
a court of competent jurisdiction orders that that driver should be re-trained and re-tested;
(d)
the Licensing Authority considers it necessary to re-train and re-test that person;
(e)
an employer requires that person, who is an employee to be re-tested; or
(f)
that person has committed an offence under these Regulations that may lead to suspension, revocation or cancellation of the driver’s licence.
(3)
A person who is to be re-tested shall pay the driving test fee as specified in the Fifth Schedule.
(4)
A conviction or an order endorsed on an original licence which relates to an offence within the previous two years shall be endorsed on the new licence.
(5)
The Licensing Authority may prescribe conditions for the re-training and the re-testing of a person who drives a motor vehicle.
44. Replacement of driver’s licence
(1)
The Licensing Authority shall on application issue a new licence quoting on the new driver’s licence the date of the previous licence where the Licensing Authority is satisfied that the driver’s licence granted by the Authority to a person
(a)
is lost or stolen,
(b)
is defaced, or
(c)
has expired.
(2)
The applicant shall submit the application form as set out in Form Q in the First Schedule together with the previous licence where the licence is defaced or expired.
(3)
The Licensing Authority shall grant the applicant a new licence which contains the previous class and the previous identification number.
(4)
Regulations 27 and 32 apply to the issue of a driver’s licence under these Regulations.
(5)
The applicant shall pay for the replacement of a licence the fee specified in the Fifth Schedule.
(6)
The Licensing Authority shall cancel a licence which is defaced.
45. Change of name
(1)
A holder of a driver’s licence shall give notice to the Licensing Authority in writing within fourteen working days of a change of that holder’s name, postal or residential address.
(2)
The notice to the Licensing Authority shall be supported with the documents specified in the Sixth Schedule.
(3)
Where the change is in respect of a name, the holder shall appear personally before the Licensing Authority.
(4)
The Licensing Authority shall on being satisfied and after the applicant has paid the fees specified in the Fifth Schedule issue a new licence of the same class to the applicant.
46. Armed Forces and Police driving permit
It is not a contravention of these Regulations for a member of the Armed Forces or of the Police Service in the course of duty to drive a motor vehicle belonging to the Government that is of a class other than the class for which the person has a licence if that person is in possession of a written permit to drive a motor vehicle of that description issued by the Commanding Officer.
47. Production of driver’s licence
(1)
A person driving a motor vehicle shall, while driving the motor vehicle, carry that person’s original driver’s licence.
(2)
A person driving or in charge of a motor vehicle on a road shall, on the request by a police officer in uniform or an authorised officer of the Licensing Authority, produce the driver’s licence that authorises that person to drive the motor vehicle for inspection.
(3)
Despite subregulation (2), a police officer in uniform may request a person to produce, within twenty-four hours, the driver’s licence of that person to that officer, at a designated police station or to another police officer as may be directed by the officer.
(4)
Where a person driving a motor vehicle is required to produce a licence a certificate or a document relevant to driving the motor vehicle, that person shall produce it immediately or within twenty-four hours of being required to produce the licence, certificate or document.
(5)
A police officer in uniform and not below the rank of an Inspector, may where necessary, retain the driver’s licence for the period that that licence is required, and shall issue an official receipt for the retention.
Construction and Use
48. Vehicles not conforming to Regulations
A person shall not drive, or permit another person to drive a motor vehicle with a trailer on a road in a manner that contravenes a provision of these Regulations.
49. Mobility
A person who drives a motor vehicle shall ensure that the motor vehicle is capable of being operated to move both forward and back- wards.
50. Width and length requirements
(1)
A person shall not drive on a road a motor vehicle with trailer that has
(a)
an overall width of more than 2.55 metres; or
(b)
a bolster or a prime mover or trailer that projects beyond the outside edge of the outside tyres.
(2)
A person shall not drive a motor vehicle with a trailer which carries a load that projects beyond
(a)
fifteen centimetres on either side of the trailer;
(b)
seven and half centimetres on either side in the case of timber carrying vehicle with a trailer loaded with a log; or
(c)
ninety centimetres of the front elevation of the motor vehicle.
(3)
Where a load on a motor vehicle with a trailer projects 1.8 metres beyond the rear elevation of the motor vehicle, the driver of .the motor vehicle shall during the day fix a red flag, with a dimension of 0.25 metres by 1 metre to the end of the load and a rear reflective lamp or material during the during the night fix in a similar position, and the driver shall ensure that the flag or lamp is clearly visible from the rear.
(4)
A person shall not drive a motor vehicle with a trailer which has an overhang that exceeds three-fifths of the wheel base.
(5)
A person shall not drive
(a)
a motor vehicle with a trailer on -C.
(i)
two axles which exceed 12.2 metres in length,
(ii)
three axles which exceed fourteen metres in length, or
(b)
an articulated vehicle, which exceeds eighteen metres in length.
(6)
A person shall not own or drive a motor vehicle which has a chassis which has been altered so as to be longer than the length of the chassis stipulated in the specifications issued for that type of motor vehicle by the manufacturer of the motor vehicle.
(7)
Despite subregulation (6), the Licensing Authority may, by authorisation in writing and subject to conditions determined by the Licensing Authority, permit the use on a road, of a motor vehicle with a trailer, or a class of motor vehicles with a trailer, which exceeds the width prescribed by subregulation (1) or (2).
(8)
The Licensing Authority may, with the approval of the Minister, in writing, grant for a particular occasion, a permit for the use of a motor vehicle with a trailer which does not conform to the provisions of this regulation.
(9)
A person granted a permit under subregulation (8) shall
(a)
carry the permit whilst driving the motor vehicle in respect of which the permit was granted; and
(b)
produce the permit on demand by an authorised officer, the Licensing Authority or a police officer.
(10)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
51. Height
(1)
A person shall not drive a motor vehicle or a motor vehicle with a trailer if the height of that motor vehicle or that motor vehicle with the trailer exceeds 4.5 metres.
(2)
Despite subregulation (1), the Minister or an authorised representative may in writing permit the use on a specified route of passenger carrying vehicle which exceeds 4.5metres in height.
(3)
Despite subregulation (1), the Licensing Authority may determine lower height restriction for certain categories of motor vehicles.
(4)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
52. Carriage of load
(1)
A person shall not own or drive a motor vehicle with a trailer if that motor vehicle with a trailer is not constructed in a manner that prevents a load carried on that motor vehicle with the trailer from dropping, shifting, leaking, dangling, or coming into contact with the road.
(2)
A person who drives a motor vehicle with a trailer shall ensure that the motor vehicle is loaded in a manner that prevents the load from falling, shifting, leaking, dangling or coming into contact with the road.
(3)
Despite subregulation (1), the person driving a motor vehicle with trailer may for the pupose of securing traction pour sand, or sprinkle water or other substance on a roadway in clearing or maintaining the roadway.
(4)
A person who drives a motor vehicle with a trailer which is carrying log shall
(a)
not carry more than three logs if that will exceed the permissible axle load limit; or
(b)
not carry more than three logs, if the total weight of the logs exceeds the permissible axle load limit.
(5)
The owner and the driver of a motor vehicle with a trailer on which logs are carried shall ensure that
(a)
the motor vehicle or trailer is fitted with spikes on the rear and front bolsters when loaded with a log, and
(b)
the log loaded
(i)
rests on the spikes, and
(ii)
is held in place by means of chains or wire ropes fitted with screw type turn buckles securely fastened to both ends of the front and rear bolsters.
(6)
A person shall not drive a motor vehicle which carries freight, load or other article on the top of or outside the hood, canopy or roofing of the motor vehicle unless authorised by the Licensing Authority.
(7)
Despite subregulation (6), a motor vehicle other than a passenger carrying vehicle may carry freight, load or other article on the roof if that motor vehicle has an all metal body construction and
(a)
the goods and spare tyres are securely fastened in metal roof grids forming part ot or being firmly fixed to the roof of the motor vehicle;
(b)
the goods fastened on the roof of the motor vehicle do not extend more than 60centirnetres above the roof of the vehicle;
(c)
the total weight of the goods does not exceed the weight as may be specified as the maximum weight to be carried by the vehicle by the motor vehicle manufacturer; and
(d)
where the overall height of the motor vehicle when loaded does not exceed 4.5metres.
(8)
A person shall not operate a motor vehicle which is carrying goods on a road,
(a)
in a manner that obscures the view of the driver as regards traffic
(i)
to the front,
(ii)
on either side, .or
(iii)
to the rear;
(b)
if the goods are not
(i)
safely contained within the body of the motor vehicle . or trailer, or
(ii)
securely fastened to the motor vehicle or trailer using twist locks.
(9)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than ten penalty units or to a term of imprisonment of not more than fourteen days or to both.
53. Carriage of hazardous goods
(1)
A person shall not drive a motor vehicle intended for the transportatio.n of hazardous goods, unless that person
(a)
is trained and qualified to handle the motor vehicle and its contents, and
(b)
is certified by the Licensing Authority to drive a motor vehicle that carries hazardous goods.
(2)
A person who drives a motor vehicle under subregulation (1) shall on demand produce
(a)
that person’s professional driving permit, if applicable,
(b)
the document that contains a clear indication of the nature of the hazardous goods being carried, and
(c)
an indication of the route, where applicable.
(3)
A person shall not cause or permit another person to drive a motor vehicle which is carrying hazardous goods if that person or that other person does not have a licence granted for that purpose by the Authority.
(4)
A person who drives a motor vehicle under this regulation shall ensure that trecards and manifests which pertain to the dangerous goods carried on the motor vehicle are held in the designated space in the cab of the motor vehicle at the time the dangerous goods are being transported in the vehicle.
(5)
A person who offers hazardous goods for transportation shall properly identify, package, mark, label or otherwise prepare the hazardous goods for safe transportation as specified by the Licensing Authority in collaboration with the accredited agencies.
(6)
A person driving a motor vehicle transporting hazardous material shall
(a)
load, block, brace, segregate and properly placard the motor vehicle, and
(b)
check the goods for proper packaging, marking and labels.
(7)
The person driving the motor vehicle shall, after the removal of part of the cargo for delivery, ensure that the remaining package is properly blocked and braced to prevent movement and that the proper placard is displayed to prevent the hazards which may be present.
(8)
The person who drives the motor vehicle shall not accept for transportation
(a)
damaged packages;
(b)
leaking containers;
(c)
incompatible freight; or
(d)
hazardous goods which are improperly packaged, marked, labelled, ‘described, palletized or otherwise not in a safe and proper condition for transportation.
(9)
Where during the course of transportation, the person who is driving the motor vehicle discovers a package which contains hazardous goods to be broken or leaking that person shall take immediate action to ensure the proper and safe disposition of the package and its contents.
(10)
A person who contravenes a provision of this regulation commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than six weeks or to both.
54. Safety requirements for carriage of hazardous goods
(1)
A person who drives a motor vehicle used to transport hazardous goods shall ensure that the motor vehicle is
(a)
suitable for the transportation of hazardous goods,
(b)
free from any defect likely to increase the risk in transporting the goods, and
(c)
fitted with holding twist locks or fitted with other equipment for securing a container on the motor vehicle.
(2)
A person in charge of an equipment for loading or unloading hazardous goods or transferring goods in bulk unto or from a motor vehicle shall ensure that the equipment is suitable for that purpose and free from any defect likely to increase risk in loading and unloading or transfer of the hazardous goods.
(3)
A person who drives a motor vehicle with a trailer which is transporting a freight container which contains hazardous goods shall ensure that the freight contrainer is
(a)
suitable for transporting the hazardous goods,
(b)
free from any defect likely to pose danger to road users and persons in proximity to the road in the transportation of the goods, and
(c)
free of dangerous components.
(4)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than fifty penalty units or a term of imprisonment of not less than three months or to both.
55. Registration of liquefied petroleum gas or compressed natural gas fitted vehicle
(1)
The Licensing Authority shall register a motor vehicle fitted or manufactured to run on liquefied petroleum gas or compressed natural gas.
(2)
A person who owns or intends to drive a motor vehicle that runs on liquefied petroleum gas or compressed natural gas shall apply to the Licensing Authority for the registration of the motor vehicle.
(3)
The application shall be made in the form as set out in Form R in the First Schedule and shall be supported with the particulars that the Licensing Authority may determine.
(4)
The Licensing Authority or an authorised representative of the Licencing Authority shall conduct an examination of the motor vehicle to determine the suitability of the motor vehicle before registra-tion under these Regulations.
(5)
The Licensing Authority or an authorised representative may after the examination, issue an LPG Compliance Certificate as set out in Form Rl in the First Schedule to the applicant.
(6)
Fees payable under this regulation shall be as specified in the Fifth Schedule.
56. Numbering of liquefied petroleum gas or compressed natural gas cylinder and issuance of sticker
(1)
On registering a motor vehicle under these Regulations, the Licensing Authority shall issue
(a)
a number for the cylinder in the motor vehicle, and
(b)
a sticker for the motor vehicle.
(2)
A sticker issued under subregulation (1) shall
(a)
bear the number of the liquefied petroleum gas or compressed natural gas cylinder in the motor vehicle,
(b)
bear the name’ of the installer or manufacturer of cylinder, and
(c)
be fixed conspicuously on the windscreen of the motor vehicle.
(3)
The Licensing Authority may renew the sticker
(a)
every six months for a commercial vehicle; or
(b)
every twelve months for a private vehicle.
(4)
The Licensing Authority or authorised representative shall not effect a renewal of the sticker unless the Licensing Authority or a representative of the Licensing Authority has examined the motor vehicle physically and approved the renewal.
57. Use of motor vehicle run on liquefied petroleum gas or compressed natural gas
A person shall not drive or own a motor vehicle fitted or manufactured to run on
(a)
liquefied petroleum gas or compressed natural gas;
(b)
liquefied petroleum gas or compressed natural gas and petrol; or
(c)
liquefied petroleum gas or compressed natural gas and diesel unless the motor vehicle has been registered under these Regulations.
58. Licence for installation of liquefied petroleum gas or compressed natural gas cylinder in a motor vehicle
(1)
A person shall not provide a service for the purpose of enabling the engine of a motor vehicle to run on
(a)
liquified petroleum gas or compressed natural gas;
(b)
liquified petroleum gas or compressed natural gas and petrol; or
(c)
liquified petroleum gas or compressed natural gas and diesel unless that person has beenissued with a licence for that purpose by the Licensing Authority or an authorised representative of the Licensing Authority.
(2)
The Licensing Authority shall not issue a person with a Licence to provide the services specified in subregulation (1), unless that person satisfies the standards prescribed by the Licensing Authority and published in the Gazette.
(3)
A person is considered to be providing a service under subregulation (1) and regulation 61(1) (b) if that person undertakes a commercial activity for the purpose of providing the services specified in this regulation.
(4)
An application for a licence for the purpose of subregulation (1) shall be in the Form as set out in Form R2 in the First Schedule andaccompanied with the particulars determined by the Licensing Authority.
(5)
The Licensing Authority may issue the licence subject to the conditions that may be provided in the licence.
(6)
A licence issued under subregulation (1) is
(a)
valid for twelve months from the date of issue, and
(b)
subject to renewal annually.
(7)
The licence issued under this regulation shall be in the Form as set out in Form R3 in the First Schedule and displayed in a conspicuous place on the premises where the installation, manufacture or conversion is carried on.
59. Non-transfer of liquefied petroleum gas or compressed natural gas cylinder
A person shall not
(a)
transfer a liquefied petroleum gas or compressed natural gas cylinder in a motor vehicle licensed under these Regulations to another motor vehicle; or
(b)
replace the cylinder in a motor vehicle with another cylinder without the prior written approval of the Licensing Authority.
60. Offences and penalties for liquefied petroleum gas or compressed natural gas fitted vehicle
(1)
A person who
(a)
drives or is found in charge of an unregistered motor vehicle contrary to ‘regulation 55;
(b)
provides the service for the installation of liquified petroleum gas or compressed natural gas cylinder in a motor vehicle or converts a motor vehicle without a licence contrary to subregulation (1) of regulation 58;
(c)
transfers a liquified petroleum gas or compressed natural gas cylinder without a licence contrary to regulation 59, or
(d)
fails to exhibit a sticker or a licence issued under these Regulations, commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not less than fourteen days and not more than thirty days or to both.
61. Transitional provisions for the use of liquefied petroleum gas or compressed natural gas by motor vehicles
(1)
A person who on the commencement of these Regulations
(a)
owns or uses a motor vehicle fitted or manufactured to run on liquified petroleum gas or compressed natural gas and petrol or liquified petroleum gas or compressed natural gas and diesel, or
(b)
provides the service of installing liquefied petroleum gas or compressed natural gas cylinders in motor vehicles, shall within three months of the coming into force of these Regulations apply to the Licensing Authority for the registration of the motor vehicle or the issue of the relevant licence.
62. Tyres
(1)
Unless the Licensing Authority permits in writing, the im- porter of a motor vehicle or a trailer shall ensure that
(a)
the motor vehicle or trailer is fitted with pneumatic tyres manufactured for use in hot and normal weather areas labelled temperature class “A” or “B”;
(b)
the tyres are of the specified size and suited to withstand the maximum permissible loads of the motor vehicle to which they are fitted;
(c)
where the motor vehicle or trailer is of a gross weight of 1.8 tonnes or more the wheels of that motor vehicle or trialer are fitted with low pressure tyres, with the width and rim diameter of each tyre not less than recommended in the specifications, issued by the manufacturer of the tyres, as being adequate for the load that is being carried;
(i)
not less than 1.6 millimetres for a light duty vehicle;
(ii)
\1.00 millimetres for a motor vehicle with a gross weight above three tonnes;
(d)
the minimum tread depth for a tyre is not less than 1.6 millimetres for all categories of vehicles; and
(e)
the tyre of a vehicle or trailer does not have a break in its fabric
(i)
in excess of ten millimetres or ten percent of the section width of the tyre, whichever is the greater, or
(ii)
deep enough to reach the body cords.
(2)
A person shall not fit a tyre on a motor vehicle or a trailer, if the tyre
(a)
is more than four years old counting from the date of manu- facture;
(b)
is labelled temperature class “C” and meant for use in cold areas;
(c)
is under inflated;
(d)
is over inflated;
(e)
has a limp or bulge caused by separation of the tyre structure;
(f)
has a portion of the ply or cord of the tyre exposed;
(g)
is worn out to the extent that it is not suitable for the type of motor vehicle; or
(h)
is worn out to the extent that the tread pattern is not visible at the base of the groove.
(3)
For the purpose of determining the pressure in the tyre, the temperature of the tyre shall be disregarded.
(4)
A person who drives or is in charge of a motor vehicle or trailer shall ensure that a tyre fitted on one axle of the motor vehicle or trailer is of the same specifications as those fitted on the other.
(5)
A person who drives or is in charge of a motor vehicle shall ensure that the motor vehicle is equipped with a spare tyre that meets the required standard and is inflated.
(6)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five penalty units and not more than fifty penalty units or to a term of
(c)
the brakes operated by one of the means of operation shall in all cases, act directly upon the wheels and not through the transmission gear.
(5)
A person who drives a motor vehicle other than a motor-cycle, with or without a side-car attached, shall ensure that the braking system or one of the braking systems is designed, constructed and maintained in a manner that will prevent at least two or, in the case of a motor vehicle with only three wheels, one of the wheels, from revolving when the motor vehicle is left unattended. .
(6)
A person who drives a motor vehicle for which a brake is required in accordance with these Regulations shall ensure that the brake
(a)
is in good working order and condition whenever the motor vehicle to which it is fitted is operated on a public road; and
(b)
when tested by the Licensing Authority except in the case of a motor cycle with side-car, act with approximately equal intensity on the wheels where the wheels are symmetrically placed in relation to the longitudinal centre-line of the vehicle.
(7)
A person who drives a motor vehicle shall ensure that that motor vehicle is fitted with functional parking brakes.
(8)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than twenty five penalty units or to a term of imprisonment of not more than thirty days or to both.
64. Engines
(1)
A person who drives a motor vehicle on a road shall ensure that the engine of that motor vehicle
(a)
is efficiently silent, and
(b)
does not use a cut-out or open exhaust.
(2)
A person shall not drive a motor vehicle on road, unless the engine of that motor vehicle is covered and does not pose a source of danger to other users of the road.
(3)
Subregulation (2) does not apply to a motor-cycle or other cycles.
65. Lamps
(1)
A person who drives a motor vehicle or a trailer shall ensure that between sunset and sunrise, the motor vehicle or trailer is equipped with lighted lamps
(a)
which are electric; or
(b)
which are another kind of light approved for the purpose by the Licensing Authority.
(2)
A person who drives a motor vehicle shall ensure that that motor vehicle has two lamps in front,
(a)
with one lamp on each side of the motor vehicle, and
(b)
which are constructed and placed in a manner that enables them to .
(i)
exhibit a white or yellow light visible within a reasonable distance in the direction towards which the motor vehicle is facing, and
(ii)
clearly indicate the width of the motor vehicle.
(3)
A person who drives a motor vehicle shall ensure that the lamps required in subregulation (2) have a visibility distance at
(a)
low beam of not more than fifty metres, and
(b)
high beam of between fifty metres and one hundred metres.
(4)
Subregulation (2) does not apply to a motorcycle which does not have side-cars.
(5)
A person who drives a motor vehicle shall ensure that the motor vehicle has at least one number plate lamp in the rear on the centre line or on the off-side of the centre line of the motor vehicle,
(a)
placed in a manner that enables the number plate to be adequately illuminated and visible within a reasonable distance in the reverse direction to that in which the motor vehicle is facing, and
(b)
fixed to illuminate by means of reflection, transparency, or otherwise, and render easily distinguishable from a distance of at least twenty meters by a person of normal eyesight, every letter and figure on the identification plate fixed on the back of the motor vehicle.
(6)
Subregulation (3) does not apply to a trailer attached to a motor vehicle.
(7)
A person who drives a motorcycle which does not have a side- car shall ensure that the motorcycle has one lamp in front constructed and placed in a manner that reveals a white or yellow light that is visible within a reasonable distance in the direction towards which the motor- cycle faces.
(8)
A person who drives a motor vehicle fitted with a pair of driving lamps designed to provide general illumination of the roadway ahead of the motor vehicle
(a)
may also have the motor vehicle fitted with one or two auxiliary spot or flood lamps; and
(b)
ensure that
(i)
the driving lamps and spot or flood lamps carried on the motor vehicle does not exceed four in number,
(ii)
the electrical switching is so arranged that not more than two of those lamps can be switched on together, and
(iii)
a driving lamp is not placed in a manner that allows the lamp to project above the bottom of the frame of the windscreen.
(9)
A person who drives a motor vehicle shall ensure that the driving lamps have a switching arrangement which enables the beam of light to be focused downwards and to the right side of the direction in which the motor vehicle is moving in a manner that ensures that part of the high intensity portion of the beam of light is not directed to the left of the prolongation of the extreme left of the vehicle or, at a distance from the lamp of twenty metres and to a height on level ground greater than fifteen centimetres above the ground.
(10)
The provisions of subregulation (8) regarding the focusing and direction of driving lamps when switched downwards and to the right apply to auxiliary lamps.
(11)
A person who drives a motor vehicle shall dip the driving lamps
(a)
on the approach of another motor vehicle;
(b)
when following another motor vehicle; or
(c)
when the motor vehicle is stationary.
(12)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five and not more than fifty penalty units or to a term of imprisonment of term less than thirty days and not more than three months or to both.
66. Mirror, windscreen and glass
(1)
A person shall not drive a motor vehicle, if that motor vehicle does not have an interior driving mirror and exterior driving mirror which are fixed on the motor vehicle in a manner that enables the person driving to have a clear view reflected in both mirrors of following traffic .
(2)
A person shall not drive a high occupancy or heavy goods motor vehicle if that vehicle is not fitted with auxiliary mirrors in addition to the interior and exterior driving mirrors.
(3)
A person shall not drive a motor vehicle which is fitted with a front glass windscreen, if that motor vehicle is not equipped with an efficient windscreen wiping system.
(4)
A person who drives a motor vehicle shall
(a)
maintain glass fitted to the motor vehicle in a condition that ensures that the vision of that person is not obscured while that person is driving; and
(b)
ensure that the forward facing glass of the motor vehicle is manufactured or treated in a manner that prevents shattering and flying of sharp splinters of the glass when struck or broken.
(5)
Subregulation (4) does not apply to lamp glass.
(6)
A person who contravenes this regulation commits an offence and is liable on summary conviction to pay the fine specified in the Seventh Schedule.
67. Materials for windscreen, windows and partitions
(1)
A person shall not drive a motor vehicle unless that motor vehicle has a windscreen, a window or partition made of a transparent material that
(a)
affords the person driving sufficient visibility for safe driving of the motor vehicle;
(b)
in the case of a windscreen, other than a windscreen fitted to a motor cycle or motor tricycle, is made of glass; and
(e)
is made of safety glass and is permanently marked with the name or trade mark of the manufacturer.
(2)
Despite the provisions of subregulation I(b) and I (e), the transparent material
(a)
for a window
(i)
in the roof of a motor vehicle, or
(ii)
partition of a bus or a mini-bus, or partition of a semi-trailer designed or adapted for the conveyance of passengers, may consist of ultra-high impact acrylic or polycarbonated plastic material with each pane permanently marked with the name or trademark of the manufacturer or the trade name of the material that clearly identifies the material as ultra-high impact acrylic or polycarbonated plastic material; or
(b)
for a window or partition or a removable or collapsible hood or canopy of a motor vehicle, may consist of flexible plastic material.
(3)
A person shall not drive a motor vehicle with a tinted front windscreen.
(4)
A person may drive a motor vehicle which has glass other than the windscreen and front glass tinted with light transmittance of at least seventy per cent to allow the occupants to see and be seen, if
(a)
the film or tinting material applied to the windscreen or window or partition is free from bubbles or tears or scratches; or
(b)
the film or material applied to the windscreen or window has a textured surface or is a fixture or an attachment but does not reduce the visibility of the person driving the motor vehicle in any direction.
(5)
Subregulation (3) does not apply to an ambulance, a hearse or a motor vehicle authorised by the Licensing Authority.
(6)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five and not more than fifty penalty units or to a term of imprisonment of not less than thirty days and not more than three months or to both. .
68. Windows and windscreen of a commercial vehicle
(1)
A person shall not drive a mini-bus or a bus for a commercial purpose, unless the mini-bus or bus has
(a)
a continuous row of windows on the left and right hand side of the passenger compartment and the windows, other than the windows of the entrance and exit doors and the first and the last side window, have a frame, in the case of
(i)
a mini-bus, of not less than thirty four and half centimetres by forty-five centimetres, or
(ii)
a bus, of not less than forty-five centimetre by forty-five centimetres,
(b)
an overall window area of not less than twenty-five per cent of the floor area of the passenger compartment, and
(c)
windows which can be opened to the same extent in order that the total area of the open spaces is not less than five percent of the floor area of the passenger compartment, whether the bus is stationary or in motion.
(2)
Paragraph (c) of sub regulation (1) does not apply to a bus which has a system offorced ventilation which is induced by mechanical means.
(3)
A mini bus or a bus which operates for commercial purpose may have other windows in addition to those referred to in subregulation (1).
(4)
A person who drives a mini bus or bus commercially shall
(a)
where the mini bus or bus does not have a system of forced ventilation induced by mechanical means ensure that at least every alternate window on each side of the mini-bus or bus, is capable of being opened whether the mini-bus or bus is stationary or in motion; and
(b)
maintain a window-pane, windscreen and transparent partition of the mini-bus or bus in a sound, unbroken and clear condition.
(5)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
69. Fire extinguisher and first aid kit
(1)
A person who drives a motor vehicle or trailer shall ensure that the motor vehicle or trailer has in a readily accessible position, at least, one fire extinguisher which is
(a)
of a multi- purpose dry chemical powder type or a halogenated hydrocarbon type, and
(b)
in good working order.
(2)
The following requirements apply as regards the type of fire extinguisher required in a motor vehicle:
(a)
a saloon vehicle and a sports utility vehicle with an engine capacity of between 800cc and 4500cc shall carry a one kilogramme fire extinguisher;
(b)
a motor vehicle, with engine capacity between 4500cc and 6000cc shall carry a three kilogramme fire extinguisher; or
(c)
a motor vehicle with an engine capacity of above 6000cc shall carry a six kilogramme fire extinguisher.
(3)
A person who drives a motor vehicle or trailer on the road shall ensure that the motor vehicle or trailer carries, in a readily accessible position, a first aid kit which contains Class C medication including analgesic, bandage, cotton balls, plaster, gauze pads, hand gloves, mentholated spirits, scissors, liniments, gentian violet and antiseptic wipes.
(4)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
70. Wheels and axles
(1)
A person who drives a motor vehicle or trailer on the road shall ensure that the wheels of the motor vehicle or the trailer are properly aligned to the chassis so that the true.rolling motion of the wheels or trailer is absorbed by the road.
(2)
A person shall not drive a motor vehicle or a trailer wizh a defective wheel, wheel hub or axle-tree on a road.
71. Steering
(1)
A person who drives a motor vehicle shall ensure that the motor vehicle is provided with a strong and reliable steering gear which is kept in a proper state of repair and is properly adjuested and which allows the motor vehicle to be turned readily and with certainty.
(2)
A person who drives a motor vehicle shall ensure that the steering apparatus and driving gear of the motor vehicle is arranged in a manner that enables the person driving to manipulate the controls with certainty and at the same time have a clear view of the road.
(3)
A person shall not operate a motor vehicle which has right-hand steering on a road unless that person is authorised by the Minister.
72. Suspension
A person who drives a motor vehicle with a trailer shall ensure that the motor vehicle is equipped with
(a)
suitable, free acting and efficient springs and shock absorbers, or
(b)
other efficient suspension system approved by the Licensing Authority, which is kept in proper alignment and properly secured to the axle and the frame of the motor vehicle to prevent undue lateral movement.
73. Wings, fenders, mud guards, wheel or mud flaps
(1)
A person who drives a motor vehicle or a trailer shall, unless adequate protection is afforded by the body of the motor vehicle, ensure that the motor vehicle or trailer is provided with wings, mud flaps or similar means to prevent as far as practicable mud, water or any other substance thrown up by the rotation of the wheels.
(2)
A person shall not drive a motor vehicle or trailer on a road unless the motor vehicle or trailer is fitted with wheels or mud flaps that
(a)
are properly maintained and approved by the vehicle manufacturer, and
(b)
comply with standards and specifications as prescribed by the Licensing Authority.
74. Horns and sirens
(1)
A person who drives a motor vehicle shall ensure that the motor vehicle is fitted with an efficient electric or pneumatic horn or with a bulb horn which gives out a single note when the bulb is pressed.
(2)
A person shall not fit on a motor vehicle a warning appliance other than a type approved by the Licensing Authority.
(3)
Despite subregulation (1), a siren or bell may be fitted as a warning appliance and used on the following classes of motor vehicles:
(a)
a government vehicle used for official purposes by the Head of State;
(b)
a Police vehicle;
(c)
a motor vehicle used by the fire service;
(d)
a motor vehicle used as an ambulance by a hospital or clinic;
(e)
a motor vehicle used by other recognised Government security agencies; and .
(f)
a bullion vehicle registered by the Licensing Authority.
(4)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
75. Trailer
(1)
A person shall not use a trailer on a road unless the following conditions are observed:
(a)
the couplings provided for attaching the trailer to a motor vehicle are efficient for the purpose;
(b)
where the trailer exceeds one ton gross weight, the trailer has a brake in good working condition which, when applied,
(i)
causes two of the wheels of the trailer on the same axle to be held in a manner that effectively prevents the wheels from revolving, or
(ii)
has the effect in stopping the trailer as if two of the wheels were effectively held to prevent the other wheels from moving,
(c)
the braking system of the trailer is constructed either by connection to the brakes of the motor vehicle or otherwise in a manner that ensures that, when the brakes on the motor vehicle are used, the brakes on the trailer are brought into action simultaneously,
(d)
where more than one trailer is drawn by a motor vehicle the coupling provided for attaching one trailer to the trailer in front of it is efficient for the purpose, and sub-paragraphs (b) and (c) apply to the operation of each of the trailers,
(e)
the wheel base of the trailer, where the trailer has an axle weight of four tons or over, is not less than three metres between axle centres,
(f)
not more than two trailers of a maximum chassis carrying capacity of eight tonnes are drawn at anyone time,
(g)
where the trailer is part of an articulated vehicle, the prime- mover is not used to pull a load heavier than the maximum load specified by the manufacturer of the prime-mover, and
(h)
where a draw-bar is to be used in connecting the trailer with a prime-mover, the draw bar is attached direct to the turntable unit of the prime-mover.
(2)
A person shall not use a trailer on a road unless the trailer is registered and licensed separately by the Licensing Authority.
76. Direction indicator
(1)
A person who drives a motor vehicle on a road shall ensure that the motor vehicle is fitted with at least two direction indicators which when in operation, are in the form of an illuminated sign of amber or red colour with the illuminated surface visible from both the front and the rear of the vehicle
(2)
A person who drives a heavy motor vehicle shall ensure that the vehicle is fitted with the direction indicator required in subregulation (1) and that each indicator has
(a)
a minimum illuminated length of twenty-five centimetres and a maximum illuminated breadth of one-fourth of the length; or
(b)
lamps which, when in operation, show a flashing light visible at a reasonable distance both from the front and from the rear of the vehicle.
(3)
A person who drives a motor vehicle which is fitted with direction indicators on either side of the motor vehicle as required in subregulation (1), shall ensure that the direction indicators work together and not independently of each other.
(4)
A person who drives a motor vehicle shall ensure that
(a)
when the indicators are in operation, one of the indicators on one side shows a flashing light visible from a reasonable distance to the front of the motor vehicle, and the other in- dicator on that side shows a flashing light which is visible from a reasonable distance to the rear of the motor vehicle; or
(b)
where a trailer is being drawn by the motor vehicle, the trailer or trailers are fitted with indicators which show a flashing light visible from a reasonable distance to the rear.
(5)
A person who drives a motor vehicle shall ensure that
(a)
the motor vehicle is fitted with a tell-tale device that enables the person whilst driving the motor vehicle to be aware of the functioning of the indicators, and
(b)
the total power of a bulb illuminating an indicator carried in compliance with this regulation is not less than fifteen watts and not more than thirty-six watts.
(6)
A person who drives a motor vehicle
(a)
may fit additional indicators in the manner specified in sub-regulation (1), at the rear, on the side of the fender or on the side driving mirror of the motor vehicle if the indicators
(i)
are only used inaddition to those fitted in accordance with subregulation (1),
(ii)
are visible at a reasonable distance from any point in the rear of the vehicle;
(b)
shall fit a direction indicator on that motor vehicle in a manner which prevents the indicator when not in operation from misleading a person driving another motor vehicle or a person controlling traffic; and
(c)
shall ensure that a light shown by a direction indicator on that motor vehicle is diffused by means of frosted glass or other adequate means.
77. Position of indicator
(1)
A person who drives a motor vehicle shall ensure that
(a)
a direction indicator intended to indicate
(i)
right-hand turn is fitted only on the right side, and
(ii)
left-hand turn is fitted only on the left side.; and
(b)
except as provided in regulation 76 (3), a direction indicator designed and fitted is not more than two metres above the level of the ground.
(2)
A person who drives a motor vehicle on which is fitted a direction indicator, which is not a flashing indicator, shall ensure that the indicator is of a suitable design and fitted in such a position that
(a)
the indicator is
(i)
not more than one and half metres behind the base of the windscreen,
(ii)
clearly visible both to the front and to the rear of the motor vehicle,
(b)
the indicator when in operation
(i)
temporarily alters the outline of the motor vehicle to the extent of at least twenty centimetres measured horizontally,
(ii)
has its outermost point at least twenty centimetres further from the longitudinal axis of the motor vehicle than is the outermost point of the driver’s cab or on the side of the body behind the driver’s seat whichever is the wider and
(iii)
remains steady when extended.
(c)
enables the person driving the motor vehicle when in the driving seat to be readily aware that it is operating correctly.
(3)
A person who drives a motor vehicle with a defective indicator commits an offence and is liable on summary conviction to a fine of not less than twenty-five penalty units and not more than fifty penalty units or to a term of imprisonment of not less than thirty days and not more than three months or to both.
78. Red reflector
(1)
A person who drives a motor vehicle or trailer other than a motor cycle without a side car shall ensure that the motor vehicle or trailer carries two un-obscured and efficient red reflectors which are fixed to the motor vehicle or trailer,
(a)
one on each side of the motor vehicle or trailer so as to indicate the width of the motor vehicle or trailer, in a vertical position and facing squarely to the rear,
(b)
at a position of not less than forty centimetres above the ground, and
(c)
so that no part of the motor vehicle projects more than seventy-five centimetres to the rear of the reflector.
(2)
A motorcycle without a side-car shall carry one red reflector fixed in the manner prescribed in subregulation (1) except that the reflector shall be fixed on the centre line of the motor vehicle.
(3)
A reflector fitted under this regulation shall,
(a)
if circular, not be less than three certimetre in diameter; or
(b)
if not circular be of such a size that a circle of three centimetres in diameter may be inscribed in it.
(4)
This regulation does not apply to a truck carrying log which shall have a third reflector at the rear end of the draw-bar.
79. Fitting of retro-reflectors at the front and rear corners of motor vehicle
(1)
A person driving a motor vehicle, shall ensure that the motor vehicle is fitted with retro-reflective tapes, one on each of the four sides of the motor vehicle so as to indicate the width of the motor vehicle.
(2)
The retro-reflectorrequired under subregulation (1) shall consist of
(a)
two white retro-reflectors at the front comers of the motor vehicle, and
(b)
two red retro-reflectors at the rear comers of the motor vehicle, or
(c)
in the cases specified in subregulation (3) two red and white diagonally striped retro-reflectors.
(3)
The retro-reflectors to be fitted to a motor vehicle under subregulation (1) shall
(a)
in the case of a commercial vehicle, other than a taxi weighing two tons or less and a private vehicle weighing over two tons, be
(i)
white and rectangular, measuring twenty-five centimetres by ten centimetres and fitted to the front comers of the motor vehicle at a height of not more than ninety centimetres from the ground, and
(ii)
red and white, diagonally striped and rectangular measuring twenty centimetres by ten centimetres and fitted to the rear corners of the motor vehicle at a height of not more than one and a half metres from the ground; or
(b)
in the case of any other motor vehicle, the retro-reflectors shall be
(i)
white and rectangular, measuring thirty centimetres by five centimetres shall be fitted to the front corners of the motor vehicle and
(ii)
red and rectangular, measuring thirty centimetres by five centimetres and fitted to the rear corners of the motor vehicle.
(4)
The outer vertical edge of the illuminating surface of a retro- reflector required to be fitted to a motor vehicle, other than a two-wheeled motor-cycle, shall not be more than twenty centimetres from the extreme vertical edge of the motor vehicle and nearer to the outer edge. .
(5)
A person who drives a motorcycle or bicycle shall ensure that the motor cycle or bicycle is fitted,
(a)
at the front and in the centre of the handle bar, with a white retro- reflector strip measuring thirty cetimetres by five centimetres, and
(b)
at the rear on the mud-guard, with a red retro-reflector strip measuring fifteen centimetres by five centimetres.
(6)
A person who contravenes this regulation commits an offence and is liable on summary conviction to the fine specified in the Seventh Schedule.
80. Fitting of retro-reflectors on the body of certain vehicles
(1)
A person who drives a motor vehicle including trailer, for conveying passengers or used for carrying goods, and which has a gross motor vehicle weight of three and half tonnes or more shall ensure that the motor vehicle is fitted on the sides and rear of the motor vehicle with approved retro-reflectors to improve the motor vehicle’s conspicuousness.
(2)
The retro-reflectors required to be fitted on the motor vehicle shall be
(a)
yellow,
(b)
fifty millimetres wide, and
(c)
certified as satisfying-the requirements prescribed by the Licensing Authority or any other authorised agency
(3)
The retro-reflector shall be fitted in a manner that ensures that
(a)
on the side and rear of the motor vehicle, the reflector is horizontally positioned to extend across the full length and width of the motor vehicle, beginning and ending as close to the extreme edges as practicable;
(b)
in the case of an articulated truck, a trailer and semi-trailer,
(i)
the retro-reflector on the side is horizontally positioned in segments the sum of which is at least half of the length of the motor vehicle with the spaces between the segments evenly distributed, and
(ii)
two pairs of retro-reflectors each measuring thirty centimetres long, are positioned horizontally and vertically on the right and left upper comers of the rear end of the body of the trailer or semitrailer, and as close as practicable to the top of the trailer and as far apart as practicable.
(4)
If the outer edge of the body of a motor vehicle, as viewed from the rear, is not a square or rectangular, the retro-reflectors shall be fitted along the perimeter as close as practicable to the uppermost and outermost areas of the rear of the body on the left and right sides.
81. General requirements for retro-refIector
(1)
A retro-reflector required to be fitted to a motor vehicle or load under these Regulations shall be of a design that makes it visible to another person driving a follow-up motor vehicle at night in clear weather at a distance of at least one hundred and fifty metres when illuminated by the driving lights of the follow-up motor vehicle.
(2)
A person who fits a retro-reflector on a motor vehicle shall ensure that the retro-reflector .
(a)
is not lower than forty centimetres and not higher than one hundred and fifty centimetres from ground level, measured to the centre of the retro-reflector except that if, the design of the motor vehicle makes it impossible to fit retro-reflectors on the sides of the body of the motor vehicle at the prescribed height, the retro-reflectors shall be fitted as near as possible to the prescribed height,
(b)
where it is a
(i)
white retro-reflector, is in a horizontal position and faces squarely to the front,
(ii)
red retro-reflector, is in a horizontal position and faces squarely to the back, Of
(iii)
yellow retro-reflector, is in a horizontal position and faces squarely to the side,
(c)
is clean, in good condition and not obscured to the extent that it is rendered ineffective, and
(d)
is not fitted to a movable part of the motor vehicle.
(3)
This regulation does not apply to the warning sign contem- plated in regulation 82 (2) (a).
(4)
If the design of the motor vehicle makes it imposible to fit a retro-reflector in the prescribed position, the person required to fit the retro-reflector may fit it as close’ as possible to the prescribed position.
82. Warning chevron sign on rear of certain motor vehicles
(1)
For the purposes of this regulation the expression “motor vehicle” does not include a motor vehicle propelled by electrical power derived from overhead wires, a motor car, a motor cycle, a motor tricycle, a motor quadru-cycle, a tractor, or a vehicle with a gross weight of not more than three thousand five hundred kilogrammes and which is not a trailer.
(2)
Subject to subregulation (3), a person shall not drive a motor vehicle on a road unless the motor vehicle is fitted at the rear with a warning sign which
(a)
is a chevron sign and satisfies the requirements referred to in the standard specification as prescribed by the Licensing Authority,
(b)
bears a certification mark, and
(c)
despite the provisions of subparagraph (a), incorporates both retro-reflective red and retro-reflective yellow chevron strips.
(3)
Where the design or construction of a motor vehicle does not enable a chevron to be fitted unto it,
(a)
the chevron may be cut into sections to avoid the interference of protrusions; or
(b)
the chevron’s edges may be trimmed to allow it to fit to the contour of the motor vehicle or its equipment, but the chevron pattern shall be substantially maintained.
(4)
Where the design or construction of a motor vehicle does not enable a modified chevron to be fitted unto it as contemplated in subregulation (3),
(a)
at least eleven retro-reflectors shall be fitted to that motor vehicle; or
(b)
in the case of a trailer with a gross vehicle weight of not more than three thousand five hundred kilogrammes, at least seven retro-reflectors shall be fitted to the trailer.
(5)
A warning sign required in terms of this regulation, to be displayed on a motor vehicle or on a trailer referred to in subregulation (2) , shall
(a)
be in an upright position or within fifteen degrees of that position and face squarely to the rear,
(b)
be placed so that the lower edge of the warning sign is not more than one hundred and fifty centimetres above ground level except that if, owing to the structure of the motor vehicle, it is impossible to fit the warning sign at the prescribed height, it shall be fitted as near as possible to that height;
(c)
extend horizontally for the distance that is necessary to indicate the overall width of the motor vehicle to which it is fitted to within forty centimetres of either side, and
(d)
be clean and in good condition and not be obscured to the extent that it will be rendered ineffective.
(6)
This regulation does not apply to a chevron fitted in addition to the requirements of this regulation.
83. Advance warning device
(1)
A person shall not drive a motor vehicle on a road unless that person has in the motor vehicle a pair of advance warning triangles.
(2)
A person who drives a motor vehicle, other than a two-wheeled motorcycle shall, where that motor vehicle is stationary on a road, give adequate advance warning to a driver of another vehicle approaching that stationary vehicle, by placing an advance warning triangle or red reflective cones
(a)
at a suitable point both at the rear and front of the motor vehicle, and
(b)
at a distance which is not less than forty-five metres from the motor vehicle and which is sufficient to give the warning.
(3)
An advance warning triangle shall consist of an equilateral triangle with
(a)
sides of not less than forty centimetres long,
(b)
red border of not less than five centimetres wide,
(c)
with an interior part of either yellow or of a light colour, and
(d)
the red border illuminated or fitted with a reflectorised stripe or a reflectorised blinker where applicable.
(4)
An advance warning triangle shall be in a form that can stand firmly on its own in a vertical position and be able to withstand wind or wind blast from moving motor vehicles.
(5)
A person shall not remove an advance warning device which has been displayed to warn of danger.
(6)
An advance warning device shall conform to the standard set by the National Road Safety Commission in consultation with the Building and Road Research Institute, Ghana Standards Authority and other relevant bodies.
(7)
A person who contravenes a provision of this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five and not more than fifty penalty units or to a term of imprisonment of not less than thirty days and not more than three months or to both.
84. Compulsory wearing of protective clothing in respect of motor cycles
(1)
A person shall not ride or be a pillion rider on a motor cycle, motor tricycle or a motor quadru-cyc1e, or in the side-car attached to a motor cycle, unless that person wears reflective clothing and a protective helmet that
(a)
is specially designed for use in connection with the cycle, and
(b)
fits properly with the chin strap properly fastened under the chin.
(2)
A person riding a motor cycle, motor tricycle or motor quadru- cycle shall ensure that a pillion rider in or on the cycle who is younger than eighteen years old, complies with subregulation (1).
(3)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty live penalty units and not more than fifty penalty units or to a term of imprisonment of not less than thirty days and not more than three months or to both.
85. Use of agricultural tractor on road
(1)
A person may, without a permit issued for that purpose by the Authority, use an agricultural tractor and any implement or load on a road.
86. Maximum permissible axle load
(1)
A person shall not drive on a road, a motor vehicle or a combined motor vehicle with a trailer which has
(a)
a net maximum weight of more than sixteen metric tonnes, and
(b)
in the case of a non-articulated vehicle
(i)
a maximum gross weight on two axles of not more than eighteen metric tonnes; or
(ii)
the maximum gross weight on three axles of more than twenty-seven tonnes;
(c)
in the case of an articulated vehicle
(i)
a maximum gross weight on three axles of not more than thirty metric tonnes;
(ii)
the maximum gross weight on four axles shall not be more than thirty-eight tonnes;
(iii)
a maximum gross weight on five axles with one tridem of not more than forty-three tonnes;
(iv)
a maximum gross weight n five axles with two tandem axles of not be more than forty-six tonnes; or
(v)
the maximum gross weight on six axles of not more than fifty-one tonnes.
(2)
Subregulation (1) does not apply to a person who drives a motor vehicle that is certified in writing by the Minister or an authorised Agency as subject to conditions, safe for use, despite the excess weight
(3)
The Minister or an authorised Agency may issue a permit to the owner of a motor vehicle which does not satisfy the requirements to be used for individual journeys when the motor vehicle is used for carrying indivisible loads.
(4)
Despite subregulations (1), (2) and (3), the maximum gross weight of a motor vehicle shall not be more than the weight prescribed in the Eighth Schedule.
87. Devices for detection of overloaded vehicle
(1)
The Road Authority may
(a)
cause weigh bridges or other devices for detection of an over- loaded motor vehicle to be installed on a road, and
(b)
may erect road signs which require a category of motor vehicles to be weighed or be subjected to a test with the device.
(2)
A warehouse and a company that manufactures or is engaged in the carriage of bulk goods shall provide and install a weigh bridge or other approved device for weighing of a loaded motor vehicle leaving the company premises as required under the Eighth Schedule.
(3)
A vehicle under subregulation (2) shall be issued with a report indicating the weight of the loaded motor vehicle.
88. Checking of weights
(1)
The Road Authority or a police officer or an authorised person may at any time, for reasonable cause, require a motor vehicle or trailer to be driven to a reasonably convenient place to have its net or gross weight or an axle weight ascertained, and that person driving or in charge of the motor vehicle or the trailer shall comply with the requirement.
(2)
A person driving or in-charge of a motor vehicle commits an offence if that person
(a)
disobeys or disregards a direction pursuant to the provisions of subregulation (1); or
(b)
fails or refuses to submit the motor vehicle to be weighed on a weigh bridge or be tested by the device when required to do so by a police officer or any other public officer authorised by the Road Authority.
89. Grant of special permit
(1)
A person shall not drive or use or cause to be driven or used a motor vehicle or trailer in Ghana, except in accordance with a special
(b)
fails to comply with a condition of a special permit issued by the Road Authority; or
(c)
with intent to deceive or defraud, alters, varies, defaces, forges or otherwise in any way interferes with a permit.
92. Application of vehicle weight control regulations
(1)
This regulation applies to a motor vehicle of three and a half metric tonnes permissible weight or more which is overloaded.
(2)
For the purposes of this regulation a motor vehicle is over- loaded when that motor vehicle .whilst being used on a road has a weight in excess of the permissible weight and in contravention of weight regulations.
(3)
Without limiting subregulation (2), a motor vehicle is overloaded when that motor vehicle contravenes
(a)
the permissible axle weight and gross vehicle weight for that vehicle; or
(b)
the road weight permitted by these Regulations and indicated by a prohibition sign for a specified part of a road, or special notifications.
(4)
Where a special permit is issued for a motor vehicle, overload shall be calculated in accordance with the permit and the corresponding fees imposed.
(5)
For the purpose of the distribution of the load on a motor vehicle, an axle or group of axles shall be considered to be overloaded if the load exceeds the permissible limit.
(6)
In the event that goods which are overloaded are not off-loaded, the fees for carrying the load further will be four times the corresponding fee for the overload unless a special permit is produced.
(7)
Where it is established that a motor vehicle is carrying a load in excess of the permisible load limit while on a journey, the person driving that motor vehicle shall ensure that the motor vehicle does not continue its journey unless
(a)
the excess load is off-loaded or re-distributed, and
(b)
the motor vehicle upon being re-weighed conforms to the legal load limit. .
(8)
Where a motor vehicle is overloaded or is loaded abnormally, the motor vehicle shall not be off-loaded at the weigh bridge station unless special and safety precautions are taken.
(9)
The registered owner of the motor vehicle or where the vehicle is hired, the person who hired the vehicle shall pay the prescribed fee for each overloaded axle or for the excess gross weight.
93. Imposition of penalty on overloaded vehicle
(1)
A person who drives a motor vehicle which is overloaded commits an offence and is liable on summary conviction to a fine of not less than twenty-five and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
(2)
The Road Authority shall in· addition to subregulation
(2)
impose the prescribed fees for motor vehicle overload to recover the cost of the damage to roads and bridges by overloaded vehicles.
(3)
Fees are payable on the spot to the Road Authority.
(4)
The owner of the overloaded vehicle and the person driving the overloaded vehicle are jointly and severally liable for payment of any fines and fees imposed under these Regulations.
94. Fees and permit for an abnormal and super dimension loads
(1)
A motor vehicle or a trailer, which carries a load that is indi- visible and that unavoidably exceeds the legal dimensions but not an axle load limit, shall not use a road unless the load permit fee prescribed under these Regulations has been paid.
(2)
Where a motor vehicle or a trailer carries an abnorrnalload, the registered owner or the person to whom the motor vehicle has been entrusted, hired or rented shall provide an escort vehicle at the owner’s or person’s expense and the RoadAuthority shall issue an abnormal load permit to the registered owner on payment of the prescribed fees.
(3)
The registered owner of the vehicle or the person to whom the motor vehicle has been entrusted, hired or rented is responsible for the cost of the safe movement of the cargo.
(4)
Where a motor vehicle carries a super load that may cause damage to the road infrastructure, the registered owner or the person to whom the motor vehicle has been entrusted, hired or rented shall comply with the conditions laid down in the permit by the Road- Authority to prevent a part of a road or a bridge from being damaged.
(5)
Where visible damage is caused to a bridge, road structure or road furniture by a motor vehicle, the registered owner of the motor vehicle
(a)
shall compensate the Road Authority for the damage, and
(b)
is liable for any cost, charges or expenses as regards an axle or gross vehicle weight overload fine payable in accordance with these Regulations.
95. Liability of owner
(1)
Where a motor vehicle is found to be in contravention of the provisions of regulation 94, the registered owner or the person to whom the motor vehicle is entrusted, hired or rented is liable to pay the pre- scribed fees to the Road Authority as provided under these Regulations.
(2)
Subject to regulations 86 and 94, the liability for an overloaded vehicle according to these Regulations shall not exclude penalties for other traffic offences associated with the overload.
96. Axle load control and enforcement
(1)
The Road Authority, the police and any other authorised Agency shall control axle load and enforce these Regulations.
(2)
A person who refuses or neglects to comply with the directive: of the Road Authority, the police or an authorised Agency under this regulation commits an offence and the motor vehicle with which the offence is committed and its cargo shall be detained by the Road Authority for as long as necessary at the expense and risk of the registered owner.
(3)
A person commits an offence when that person does not follow the instructions of the Road Authority, the police and any other authorised Agency and the motor vehicle and its cargo in relation to which the offence was commited shall be detained as long as is necessary at the expense and risk of the registered owner or the person to whom the vehicle has been entrusted, rented or hired.
(4)
Where the fees prescribed in these Regulations are not paid after ninety days from the date of imposition, the Road Authority may issue a notice of sale by auction of the motor vehicle in question and its cargo.
(5)
Subject to subregulation (6), before the cargo is disposed of by auction, the Road Authority shall by notice published in the Gazette and in two national newspapers, require the owner of the motor vehicle or trailer and the owner of the goods to claim the motor vehicle and goods within fourteen days after the notice failing which the goods will be disposed off by auction.
(6)
For security reasons the Road Authority shall give notice to the nearest Police Station within twenty-four hours after the detention of a motor vehicle at the weighing bridge station.
97. Powers of an authorised officer
(1)
An authorised officer shall require the person driving a motor vehicle to stop the motor vehicle for the purposes of weighing and inspecting the motor vehicle.
(2)
The authorised officer shall fill in a weighing bridge report form, and ensurethat the motor vehicle particulars and weighing scale reading at the time of weighing are correctly recorded on the form and the report is signed by the person driving on behalf of the owner,
(3)
The failure of the person driving to sign the weigh bridge report does not prevent the Road Authority from imposing a fine.
(4)
Where the load carried by the vehicle on a road, satisfies the requirements permisible for the axle weight and gross vehicle weight, the weigh bridge report shall
(a)
be considered to be a compliance permit in accordance with these Regulations; and
(b)
the person driving the motor vehicle shall carry the permit throughout the journey and if there is reason to believe that the motor vehicle subsequent to the issuance of the report has been reloaded or tampered with in any way, a new weigh bridge report form must be issued.
98. Exemptions from payment of fees
(1)
In a special situation, the Road Authority may, in consultation with the Minister, waive or reduce or not charge a fee.
(2)
A waiver or reduction of fees shall be considered,
(a)
in a matter of national security;
(b)
in pursuance of bilateral agreements between governments; or
(c)
if the motor vehicle is being used for natural disaster relief or for emergency infrastructure restoration.
(3)
Despite the provisions of subregulation (2) the Road Authority shall, before a motor vehicle with an overload axle is granted a waiver or reduction, issue a special permit in respect of the motor vehicle stating the circumstances of the waiver or reduction.
99. Appeal
(1)
A person who is aggrieved by the decision of the authorised officer or the Road Authority to refuse to issue a weigh bridge report or the permit required to be granted under these Regulations may appeal against that decision to the Minister.
(2)
A person who is not satisfied with the decision of the Minister may appeal to the High Court.
100. Prohibited passengers
(1)
A person who drives a commercial vehicle with a trailer which is not a taxi, passenger carrying vehicle, hearse or commercial vehicle used as a hearse but which has a trailer shall not carry any person unless that person is the owner or hirer of the motor vehicle or the goods carried in it or is the agent of the owner or hirer.
(2)
Only the person driving a motor vehicle and two other persons shall sit in the drivers cab of the motor vehicle whilst that motor vehicle is carrying goods on a road.
(3)
Despite subregulation (2), the Licensing Authority or a senior police officer may authorise in writing, the person driving a motor vehicle which is carrying goods to carry an additional person in the driver’s cab subject to conditions prescribed by the Licensing Authority.
(4)
A person driving or in charge of a commercial vehicle shall not permit another person to ride
(a)
on the canopy or roof of the motor vehicle;
(b)
on a load or freight on the motor vehicle; or
(c)
on a trailer drawn by the motor vehicle.
(5)
A person in control of a motorcycle shall not carry another person in front on the motorcycle.
(6)
A person in control of a motorcycle, shall not
(a)
carry a passenger on that motorcycle unless the motorcycle is fitted with a seat which is properly constructed for the purpose and firmly fixed to the frame at the rear; and
(b)
carry more than one passenger at the rear of the motor cycle.
(7)
A person riding a bicycle on a road shall not carry another person unless the bicycle is constructed or adapted for the carriage of another person.
(8)
A person riding a motorcycle or a bicycle who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
101. Driving of vehicle
A person driving a motor vehicle on a road shall
(a)
maintain complete control over the vehicle and have full visibility of the traffic;
(b)
obey all directions, whether oral or by signal, given by a police officer in uniform or an authorised person
(i)
to stop the motor vehicle;
(ii)
to slow the motor vehicle;
(iii)
to pass on as indicated;
(iv)
to keep to an indicated line of traffic; or
(v)
to park in an indicated place;
(c)
in the case of an emergency and where a direction indicator cannot be used make use of the hand-signals prescribed in regulation 109 and have regard to the signals when used by another person;
(d)
take due cognisance of the signs illustrated in the Third Schedule, and all traffic signs and notices placed on or near a road for the guidance of a person driving a motor vehicle;
(e)
at a pedestrian crossing of the type shown in the Third Schedule, give precedence to a person on foot on the pedestrian crossing if that person is in the roadway on the crossing while the vehicle is approaching the crossing;
(f)
give preference to children, the elderly and the physically challenged who wish to cross the road at designated crossing points;
(g)
give preference to a visually impaired pedestrian who carries a white stick or any sight aid and wishes to cross the road;
(h)
push a motor vehicle involved in an accident to the right side of the road and place an advance warning triangle or other warning device at the front and rear of the motor vehicle as specified in these Regulations; and .
(t)
observe and abide by other road signs and signals, markings and regulations.
(2)
Despite subregu1ation (l)(c), a mechanically or an electrically operated direction indicator fitted to a motor vehicle in accordance with the provisions of these Regulations shall be used for indicating that the person driving intends to turn to the right or left.
102. Regulations on broken down motor vehicle and trailer
(1)
An owner of a vehicle or a person in charge of a motor vehicle or a trailer who causes or permits a motor vehicle or trailer which breaks down on a road to be left on the road shall give notice to the nearest police station or an authorized towing service provider,
(a)
within one hour, if the broken down motor vehicle or trailer is located within a built-up area, city or town; or
(b)
within two hours, if the broken down motor vehicle or trailer is located within a place other than a built-up area, city or town.
(2)
The notice given in subregulation (1) shall include
(a)
the location of the broken down motor vehicle or trailer;
(b)
the type of motor vehicle or trailer;
(c)
nature of breakdown;
(d)
weight of the motor vehicle or trailer;
(e)
type of load, if any; and
(f)
any other information that the Police or towing service may require. .
(3)
The owner or a person in charge of a motor vehicle or a trailer shall pay a prescribed annual fee known as the “Road Safety Fee”, for the towing of broken down motor vehicles or trailers on roads and other ancillary services.
(4)
The fee shall
(a)
be paid to the Licensing Authority; and
(b)
lodged into a towing service account operated by the Licensing Authority.
(5)
The fees lodged into the towing services account shall be used for the payment for towing services and other ancillary services.
(6)
The income from the fees for towing services shall be disbursed in the following manner;
(a)
\85% shall be paid to the towing service provider;
(b)
\5% shall be paid to the National Road Safety Commission;
(c)
\5% shall be paid to the Motor Traffic and Transport Unit of the Ghana Police Service;
(d)
\2.5% shall be paid to the Driver’s and Vehicles Licencing Authority; and
(e)
\2.5% shall be paid to the Ministry of Finance and Economic Planning.
(7)
Where a broken down motor vehicle or trailer is left on a road
(a)
for more than one hour in a built-up area, city or town, or
(b)
for more than two hours in a place other tltan a built-up area, city or town, and the owner or the person in charge of the broken down motor vehicle or trailer has paid the fee prescribed in subregu1ation (3), the motor vehicle or trailer shall be towed by the Police or an authorised towing service provider to an authorised depot of the towing service provider at no additional cost to that person if that person gives notice to the Police or the authorized towing service provider within the period specified in subregu1ation (1).
(8)
Where a broken down motor vehicle or trailer is left on a road
(a)
for more than one hour in a built-up area, city or town, or
(b)
for more than two hours in a place other than a built-up area, city or town, and the owner or the person in charge of the broken down motor vehicle or trailer has paid the fee prescribed in subregu1ation (3), but that person fails to give notice to the Police or authorised towing service provider within the period specified in subregu1ation (1), the Police or authorised towing service provider shall compulsorily tow the motor vehicle or trailer to an authorized depot or other place designated by the towing service provider.
(9)
A person who contravenes subregu1ation (8) commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or a term of imprisonment of not more than thirty days or to both.
(10)
Where a broken down motor vehicle or trailer is left on a road
(a)
for more than one hour in a built-up area, city or town, or
(b)
for more than two hours in a place other than a built-up area, city or town, and the owner or the person in charge of the broken down motor vehicle or trailer has not paid the fee prescribed in subregu1ation (3), the Police or authorised towing service provider shall compulsorily tow the motor vehicle or trailer to an authorized depot of the towing service provider and the owner or person in charge of the motor vehicle shall be surcharged with the cost of towing irrespective of the fact that that person gives notice to the Police or authorised towing service provider within the period specified in subregu1ation (1).
(11)
Where the owner or a person in charge of a broken down motor vehicle or trailer request that the broken down vehicle be towed to a location other than the authorized depot of the towing service provider, that owner or person in charge of a broken down motor vehicle or trailer shall pay the additional fees agreed upon between the authorized towing service provider and owner or person in charge of a broken down motor vehicle or trailer.
(12)
Where the owner or a person in charge of a foreign registered vehicle or trailer causes or permits a motor vehicle or trailer which breaks down on a road to be left on the road
(a)
for more than one hour in a built-up area, city or town, or
(b)
for more than two hours in a place other than a built-up area, city or town, the owner or the person in charge of the broken down motor vehicle or trailer shall give notice to the Police or authorised towing service pro- vider as prescribed in subregulations (1) and (2) and the Police or authorised towing service provider shall tow the motor vehicle or trailer to an authorized depot or other area determined by the towing service provider.
(13)
A person who contravenes subregulation (12) commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or a term of imprisonment of not more than thirty days or to both.
(14)
An owner of a vehicle or a person in charge of a motor vehicle or a trailer who fails to pay the fees prescribed in subregulation (3) commits an offence and is liable on summary conviction to a fine of not more that fifty penalty units or to a term of imprisonment of not more than three months or to both.
103. Requirements for towing of vehicle
(1)
A person shall not use a motor vehicle to tow another motor vehicle if
(a)
the length of the draw bar or tow-bar between the two motor vehicles exceeds three and a half metres;
(b)
the towed motor vehicle is connected to the towing motor vehicle in a manner that both motor vehicles may cause danger or injury to other road users;
(c)
the steering gear of the motor vehicle being towed is con- trolled by a person who is not licensed to drive the class of the motor vehicle;
(d)
the brake specifications of the towed vehicle do not meet the requirements provided under regulation 63, but the towing motor vehicle is connected to the towed motor vehicle by means of a draw bar or tow bar;
(e)
at a speed in excess of thirty kilometres per hour, unless the towing motor vehicle is connected to the towed motor vehicle by means of a draw bar or a tow bar
(f)
the towed motor vehicle is conveying persons at a speed in excess of thirty kilo metres per hour unless the towed motor vehicle is a semi-trailer; or
(g)
the towing vehicle is a motor cycle, motor tricycle or pedal cycle.
(2)
Subregulation (1) does not apply in the case where
(a)
the steerable wheels of the towed motor vehicle are carried clear off the ground; or
(b)
the device that connects the towing vehicle to the towed motor vehicle is of a kind that the steerable wheels of the towed motor vehicle are controlled by that device.
(3)
The person driving a motor vehicle which is towing another motor vehicle shall not permit a person other than the person in control of the towed motor vehicle to be carried in the towed motor vehicle.
104. Specifications of towing truck and other requirements
(1)
Where a motor vehicle which does not exceed five and a half metric tonnes breaks down on a road, the driver of the vehicle shall ensure that the motor vehicle is towed by a registered light duty towing truck and that for the purpose of the towing the motor vehicle
(a)
is securely attached to a hook up device commonly referred to as under reach or wheel lift,
(b)
has rear brake signals and taillights,
(c)
is free of loose parts, unsecured boards, hoods and trucks, broken glass and leaking fluids, and
(d)
is capable of having the steering axles raised.
(2)
A person shall not use a registered light duty towing truck to tow a motor vehicle by
(a)
sling type hook-up;
(b)
bar-type hook-up; or
(c)
rear hook-up.
(3)
(a)
A person may use a registered heavy duty truck to tow all types of motor vehicles.
(4)
The owner of a towing truck shall ensure that the components of the truck including winches, cables, clamps, thimbles, sheaves, guides, controls, block slings, chains, hooks and hydraulic components are
(a)
assembled in accordance with the manufacturer’s specifica- tions, and ‘
(b)
maintained in good condition.
(5)
The owner of a registered heavy duty towing truck shall ensure that the truck is equipped with a heavy duty towing hitch and a minimum of twenty-two and half metres of auxiliary air lines equipped with the necessary tucks for fitting.
105. Registration and operation of commercial towing services
(1)
A person shall not operate a commercial towing service without a permit granted by the Minister or authorised agent of the Minister for that purpose.
(2)
A person who intends to operate a commercial towing service shall apply to the Minister or authorised agent of the Minister for a permit.
(3)
The Minister acting through the National Road Safety Commission shall in collaboration with the Licensing Authority, the Police and other relevant agencies prescribe conditions and requirements for the issuance of the permit.
(4)
The Minister acting through the National Road Safety Commission shall issue the permit to an applicant on payment of the pre- scribed fee if the applicant has satisfied the conditions required for the grant of the permit.
(5)
The Minister acting through the National Road Safety Com- mission shall in collaboration with the Licensing Authority, the Po-lice Service and other relevant agencies prescribe a mechanism for the regulation, management and administration of vehicle towing services.
(6)
The Minister acting through the National Road Safety Com-‘ mission shall in collaboration with the Licensing Authority, the Police and other relevant agencies prescribe a mechanism for the payment of fees for commercial towing services.
(7)
The permit for a towing operator may be renewed as specified in a service agreement.
(8)
A person who contravenes this regulation commits an of- fence and is liable on summary conviction to a fine of not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
106. Rules of the road
(1)
A person shall drive a motor vehicle on the right side of a road, particularly when approaching and passing traffic coming from the opposite direction or when the road is not clearly visible for at least ninety meters.
(2)
A person driving a motor vehicle when overtaking traffic proceeding in the same direction shall overtake the traffic on the left side of the road.
(3)
Despite subregulation (2), a person driving a motor vehicle may overtake another motor vehicle proceeding in the same direction on the right side,
(a)
when the motor vehicle being overtaken is about to turn to the left and the person driving has accordingly signalled; or
(b)
in a one-way road where two or more lanes of traffic are permitted:
(4)
Where the person driving a motor vehicle is being overtaken by another motor vehicle on a dual carraige road with traffic approaching from the other direction, the person driving the motor vehicle in front shall .
(a)
give way by drawing to the right side of the road so far as is reasonably possible to allow the overtaking motor vehicle to pass, and
(b)
not increase the speed of the motor vehicle.
(5)
A person driving a motor vehicle shall drive the motor vehicle so as to give as much space as possible for other motor vehicle to pass.
(6)
A person driving a motor vehicle on a road shall not overtake other motor vehicles in traffic proceeding in the same direction on the road, when approaching
(a)
the summit of a hill,
(b)
a curve, or
(c)
any other place,
where the view of the person driving is so restricted that overtaking the motor vehicle in front may create a hazard in relation to other motor vehicles approaching from the opposite direction.
(7)
Despite subregulation (6), the person driving the motor vehicle may overtake other traffic in the same direction on the road when approaching the summit of a hill, a curve or any other place if
(a)
the person driving the motor vehicle can do so without encroaching on the left-hand side of the roadway; or
(b)
the roadway is restricted to a motor vehicle moving in one direction.
(8)
A person driving a motor vehicle shall not overtake another vehicle directly before or on a pedestrian crossing.
(9)
A person driving a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the motor vehicle and the traffic and conditions of the road.
(10)
A person driving a motor vehicle which has entered or is about to enter a roundabout or rotary traffic island shall give way to traffic approaching from the left side, regardless of which is the major road.
(11)
A person driving a heavy goods vehicle or slow moving vehicle shall, whenever it is necessary or desirable by reason of the width or condition of the road, stop the vehicle in order to allow a lighter motor vehicle approaching or overtaking the heavy motor vehicle to pass.
(12)
A person shall not drive a motor vehicle at a slow speed to impede or hinder the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(13)
A police officer or an authorised person shall enforce the provisions of this regulation by giving directions to a person driving and where that person who is driving the motor vehicle contravenes this provision by refusing to comply with this provision or with the direction of the police officer or the authorised person that person driving the motor vehicle commits an offence.
(14)
A person driving a motor vehicle shall, subject to the requirements of road safety,
(a)
give way to a motor vehicle using a siren or bell as a warning appliance,
(b)
draw the motor vehicle as close to the right or left side of the road as is reasonably possible, and
(c)
stop to allow the motor vehicle using the siren or bell to pass.
(15)
A police officer in uniform or an authorised person shall, where necessary, assume control of traffic to allow the passage of a motor vehicle using a siren or bell as a warning signal, in accordance with subregulation 74 (2).
(16)
A person who is riding in or on a motor vehicle, other than the person driving the motor vehicle, shall not make use of the hand signals prescribed in Regulation 109.
(17)
In accordance with section 4 of the Act, a person shall not drive or attempt to drive a motor vehicle on a road while under the influence of alcohol or drugs.
(18)
A person shall not drive on the shoulder of a road.
(19)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
(20)
Without limiting the effect of subregulation (19) the Licensing Authority may prescribe any other sanction.
107. Prohibition on use of communication device while driving
(1)
A person shall not drive a motor vehicle on a road or in a public place while holding, usirrg or operating a cellular or mobile telephone or any other communication device in one or both hands.
(2)
A person shall not supervise the holder of a Learner’s Licence whilst the person who is driving the vehicle is using
(a)
a hand-held mobile telephone; or
(b)
a hand-held device of a kind specified in subregulation (5).
(3)
A communication device referred to in subregulation (1) and (2) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving information.
(4)
Despite subregulations (1) and (2) a person may, whilst that person is driving or supervising the holder of a Learner’s Licence who is driving a motor vehicle, use a telephone or other device to call the police, fire ambulance or other emergency service, if it is unsafe or impracticable for the person to cease driving in order to make the call.
(5)
For the purposes of this regulation,
(a)
a mobile telephone or other communication device is hand- held, if it is or has to be held at some point during the course of making or receiving a call or performing any other interactive communication function;
(b)
interactive communication function includes:
(i)
sending or receiving oral or written messages;
(ii)
sending or receiving facsimile documents;
(iii)
sending or receiving still or moving images; and
(iv)
providing access to the internet; and
(c)
two-way radio means a wireless telegraphy apparatus which is designed or adapted for the purpose of transmitting and receiving spoken messages.
(6)
Subregulation (1) does not apply to the following persons while those persons are driving in execution of their duties and the use of the mobile phone or other communication device is required in the execution of the duty:
(a)
a person driving a fire-fighting vehicle;
(b)
a person driving a rescue vehicle or an ambulance;
(c)
a traffic officer;
(d)
a police officer;
(e)
an officer of the Armed Forces; or
(f)
an officer of any other recognised Government Security Agency or an emergency service provider.
(7)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
108. Turning right on red
A person driving a motor vehicle may turn right on a red signal at a traffic light junction unless it interferes with traffic from a green signal or a pedestrian crossing.
109. Hand signals
(1)
Subject to regulation 77 and in case of an emergency where a direction indicator cannot be used, on approaching a cross road, a road intersection or junction, or where a person driving a motor vehicle intends to change the course, direction or speed of the motor vehicle, the person driving shall make use of the appropriate signal for the purpose of indicating the intention to change course, direction or speed to other users of the road.
(2)
Where a hand signal is to be given, it shall be with the arm projecting from the side of the motor vehicle and be as far as to the elbow and if
(a)
the person driving the motor vehicle is about to slow down or to stop, the person shall
(i)
extend the left arm with the hand turned downwards, and
(ii)
move the arm slowly up and down, keeping the wrist loose
112. Placing injurious substances on the road
(1)
A person who throws or places on a road, a nail, wire, scrap metal, glass, crockery, sharp stone or any other material that may be injurious to a person or an animal or that is likely to cause damage to the tyre or a wheel of a motor vehicle commits an offence.
(2)
A person who by reason of an accident, drops on a road,
(a)
a nail,
(b)
scrap metal,
(c)
glass,
(d)
crockery,
(e)
sharp stone, or
(f)
any other material that may be injurious to a person or an animal or that is likely to cause damage to the tyre or wheel of a motor vehicle on the road shall immediately make reasonable efforts to clear the street of the substance.
(3)
A person who contravenes subregulation (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than twenty-five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
113. Placing of construction materials and equipment on the road
(1)
A person shall not deposit construction material or equipment on the road in a manner that is likely to
impede traffic, cause danger, nuisance or injury to a person or damage to property.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine
of not less than twenty-five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
114. Damage to roads
(1)
A person who drives a motor vehicle on a road shall not cause or permit a wheel or a part of the motor vehicle to drag or spin on the surface of a road, except in the case of an emergency.
(2)
A person shall not without lawful authority dig across or construct a hump on a portion of a road.
(3)
A person shall not
(a)
make use of a chuck or a shoe between a wheel of a motor vehicle moving along a road and the surface of the road; or
(b)
wash or repair a motor vehicle or a trailer on a road. use a motor vehicle or move a motor vehicle or a thing on a road in a manner to cause damage to the road; or
(b)
vandalise, destroy, or remove road furniture or cause or permit a subordinate to vandalise, destroy or remove road furniture.
(2)
A person who contravenes this regulation, commits an offence and is liable on summary conviction to a fine of not more than twenty- five penalty units or to a term of imprisonment of not more than thirty days or to both.
115. Molesting or obstructing a driver
A person in a motor vehicle shall not obstruct, harass or molest the person driving. the motor vehicle while the motor vehicle is in motion.
116. Prohibition of nuisance on a commercial vehicle
A person shall not cause or permit to be caused nuisance including preaching and hawking, on a public or commercial vehicle while the motor vehicle is in motion.
117. Trading on the road
(1)
A person shall not sell, display, offer for sale or deliver pursuant to a sale, goods
(a)
on or alongside a road;
(b)
on a pedestrian walkway;
(c)
within thirty metres of a railway level crossing;;
(d)
under a road traffic sign denoting a blind comer or rise on;
(e)
within an intersection; or
(f)
on or alongside a road including a toll booth and a plaza.
(2)
Subregulation (1) does not apply to an area
(a)
or premises zoned or demarcated for that purpose by a competent authority in conformity with a law; or
(b)
in a circumstance and in accordance with the requirements as may be prescribed, or determined by law.
(3)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
118. Maximum driving periods
(1)
A person or an owner of a motor vehicle shall not drive orcause or permit another person to drive a commercial vehicle
(a)
for a continuous period exceeding four hours; or
(b)
for a period amounting in the aggregate to more than eight hours in a period of twenty-four hours or five hundred kilometres whichever comes first.
(2)
A person or an owner of a commercial vehicle shall not drive or cause or permit another person to drive a commercial vehicle unless the person driving
(a)
has a compulsory rest of at least thirty minutes after each continuous period of four hours driving; or
(b)
has at least eight consecutive hours of rest in a period of twenty-four hours calculated from the commencement of the period of driving.
(3)
For the purposes of this regulation, an owner includes an agent, a servant or a person authorised by the commercial vehicle owner to drive.
(4)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
119. Use of seatbelt
(1)
A person shall not drive a motor vehicle unless the motor vehicle is fitted with a seat belt.
(2)
A person shall not drive a motor vehicle on a road or sit in the front or rear seat of a motor vehicle being driven on a road withoutwearing a seatbelt.
(3)
A person shall not drive a motor vehicle on a road, where a child between the ages of five and eighteen years who is seated on the front seat of the motor vehicle is not wearing a seatbelt.
(4)
A person shall not drive a motor vehicle on a road where a child in the rear seat of the motor vehicle is not wearing a seatbelt.
(5)
A person shall not drive a motor vehicle on a road where a child of five years or below is in the front seat of the motor vehicle unless that person has provided;
(a)
a restraining or safety device or a carry cot for the child; or
(b)
an equipment designed for use by a child in conjunction with other restraining device which is not prescribed under these Regulations in a motor vehicle that person commits an offence and is liable on summary conviction to a fine of not more than fifty penalty units or a term of imprisonment of not more than three months or to both.
(6)
A person shall not drive a motor vehicle which is not fitted with a seatbelt on a road, two years after the commencement of these Regulations.
Commercial vehicles
(7)
A person shall not drive a motor vehicle on a road unless a seatbelt is fitted to the space on the front seat occupied by the person driving, and for the passenger where there is a front seat which has seating accommodation for passengers.
(8)
A seatbelt fitted to a motor vehicle
(a)
shall be in good working condition as specified by the Licensing Authoriry, and
(b)
only be removed for the purpose of repair and replacement.
(9)
A person shall not use a motor vehicle on a road if the seatbelt of that motor vehicle is being repaired or replaced.
(10)
A seatbelt or child restraining device fitted in a motor vehicle shall
(a)
be in a form that meets the standard specifications as prescribed by the Licensing Authority in collaboration with National Road Safety Commission and Standards Authority, and
(b)
bear a certification or approval mark of the manufacturer.
(11)
The Licensing Authority may exempt a person from the provisions of this regulation on medical grounds and under conditions that the Licensing Authority may determine.
(12)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
120. Manner of fitting of seatbelt
(1)
A person who owns a motor vehicle shall provide a seatbelt for each seating position in the motor vehicle.
(2)
Where seating accommodation is provided for more than two persons abreast,
(a)
by means of continuous seat commonly known as bench seat, or
(b)
by separate seats,
the seatbelts for the person other than the person seated next to the body of the car may consist only of the lap strap.
(3)
Where a person
(a)
sells or offers for sale a seatbelt, or
(b)
installs or allows to be installed a seatbelt,
121. Registration of commercial vehicle operator
(1)
A person shall not operate a commercial vehicle unless that person holds a road transport operator’s licence.
(2)
A person shall not operate as a commercial vehicle driver unless that person is employed by or belongs to a recognised commercial road transport organisation.
(3)
The Licensing Authority shall issue guidelines for the formation of commercial road transport organisations.
(4)
Each commercial road transport organisation shall be licensed by the Minister or the accredited agent of the Minister if that commercial road transport organisation satisfies the conditions specified in these Regulations.
(5)
Each road transport operator or organisation shall have the requisite operator’s license as provided by the Minister or the accredited agent of the Minister.
(6)
A person who operates or drives a commercial vehicle in contravention of subregulation (1), (2),
(4)
or (5) commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
122. Commercial vehicle permit
(1)
A person who operates any category of commercial vehicles shall obtain an operating permit from the Minister or the accredited agent ” of the Minister which authorises that commercial vehicle to which the permit relates to render a specified transport service.
(2)
A person shall not operate a commercial vehicle for the purpose of providing a specified transport service if that person does not have a Commercial Vehicle Permit.
(3)
The application form for a commercial vehicle permit is a set out in form S in the First Schedule.
(4)
A Commercial Vehicle Permit is renewable every two years subject to the payment of fees and conditions specified in the permit.
(5)
A Commercial Vehicle Permit shall be as set out in Form S 1 in the First Schedule.
(6)
A person who contravenes subregulation (2) commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or. to a term of imprisonment of not more than thirty days or to both.
123. Commercial vehicle driving permit
(1)
A person who drives a commercial vehicle shall have in addition to the driving licence, a commercial vehicle driving permit as set out in Form TI in the First Schedule and issued by the Licensing Authority or its authorised agent for that category of commercial vehicle.
(2)
The application for a commercial driving permit shall be in the Form as set out in Form T in the First Schedule.
(3)
A commercial vehicle driving permit is renewable annually subject to the payment of the appropiate fee and satisfaction of the con- ditions determined by the Licensing Authority.
(4)
A person who contravenes subregulations (1) or (2) commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
124. Registration of foreign commercial vehicle operator
(1)
A person shall not use a foreign registered commercial vehicle for commercial road transport services within the country.
(2)
A person who intends to operate a foreign registered commercial transport company in this country shall obtain a licence for that purpose from the Minister or the accrdited agent of the Minister.
(3)
A foreign registered commercial vehicle permit is renewable annually after the payment of the appropriate fee and is subject to the con- ditions specified in the permit.
(4)
A person driving a foreign registered commercial vehicle shall have in addition to that person’s driving licence, a commercial vehicle driving permit issued by the Licensing Authority for that category of commercial vehicle.
(5)
A foreign registered commercial vehicle permit is renewable annually subject to the payment ofthe fee and the conditions specified in the licence by the Licensing Authority.
(6)
A person who contravenes a provision of this regulation commits an offence and is liable on summary conviction to a fine of not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
125. Continuing education of commercial vehicle drivers
(1)
A licensed or registered. commercial road transport operator shall organise periodic re-training or refresher courses for its members.
(2)
A person licensed as a commercial vehicle driver shall attend at least one refresher course in driving and road safety each year organised by a certified institution approved by the Licensing Authority in consultation with the National Road Safety Commission.
(3)
A commercial road transport operator shall have an approved code of ethics to ensure discipline of its members.
(4)
A commercial vehicle driving permit shall not be renewed or upgraded unless the applicant shows evidence of compliance with subregulation (2).
126. Standards and specifications for taxis and buses
The Licensing Authority or its accredited agent shall set standards and specifications in relation to the condition and use of a bus, a taxi or other commercial vehicle in the country.
127. Issuance of commercial vehicle licence
(1)
A person shall not use a vehicle as a passenger carying vehicle unless the vehicle is registered by the Licensing Authority.
(2)
The Licensing Authority shall, upon registration under subregulation (1) make the necessary entries in the appropriate register.
(3)
The Licensing Authority shall not issue a licence to an applicant, if
(a)
the motor vehicle has the whole or part of its bodywork made of wood;
(b)
the motor vehicle has a bodywork with open sides;
(c)
in the opinion of the Licensing Authority the motor vehicle is in a condition, which renders it unsafe or unsuitable for the conveyance of passengers or which does not conform to the regulation applicable to it; or
(d)
the motor vehicle intended for use as a taxi has less than four doors.
(4)
The Licensing Authority may by notice in the Gazette or, in the case of a particular vehicle, by an instruction conveyed by the Licensing Authority, prohibit the issue of a licence in respect of a taxi, omnibus or any other passenger carrying vehicle which is of a particular class or type which may be considered to be unsafe for the purpose for which the licence is required.
(5)
A person to whom a licence has been refused in accordance with this regulation may appeal to the Chief Executive who may subject to the provisions of these Regulations,
(a)
grant the licence;
(b)
refuse to grant the licence; or
(c)
direct that the licence be withheld until the necessary repairs or alterations to the motor vehicle have been made and approved of by Licensing Authority.
128. Prohibition of use of motor cycle or tricycle for commercial purpose
(1)
The Licensing Authority shall not register a motor cycle or tricycle to carry a fare paying passenger.
(2)
A person shall not use or permit a motor cycle or tricycle over which that person exercises control to be used for commercial purposes except for courier and delivery services.
(3)
A person shall not ride on a motor cycle or tricycle as a fare paymg passenger.
(4)
A person who contravenes subregulation(l), (2) or (3) commits an offence and is liable on summary conviction to a fme of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
129. Issuance of hiring or rental vehicle identification number plate
(1)
The Licensing Authority shall subject to payment of a fee, issue on the first registration of a motor vehicle for hiring or rental, a licence plate in the form set out in the Second Schedule.
(2)
A person who drives a motor vehicle on a road or any other public place shall securely fix a licence plate to the front and rear of the motor vehicle in a manner that makes the licence plate clearly visible.
(3)
Where the holder of a valid licence satisfies the Licensing Authority that the licence plate has been defaced, lost or stolen, theLicensing Authority shall on the payment of the prescribed fee; issue a replacement which has the same effect as the original.
(4)
The licence holder shall return the original licence plate remaining in the custody of the licence holder to the Licensing Authority.
130. Use of taxi
(1)
The owner of a taxi shall
(a)
paint the wings of the taxi in a shade of yellow to the extent required by the Licensing Authority,
(b)
with the approval of the Licensing Authority carry a neon sign with the word “Taxi” clearly written, visible and fitted at the front end of the roof, and
(c)
display at the right hand side bottom comer of the front windscreen the taxi’s Transport Association or the taxi Union’s logo.
(2)
A person driving a taxi shall not use the taxi to convey a passenger, if the taxi
(a)
is in a condition that makes it unsafe;
(b)
is not suitable for conveying passengers; or
(c)
does not conform to the requirements of these Regulations.
(3)
A taxi may be fitted with an independent communication system capable of providing two-way voice communication in conformity with regulation 107.
(4)
A taxi shall
(a)
be kept in a clean and sanitary condition; and
(b)
not be used for conveying livestock, meat, fish, or the carcass of an animal unless in the case of the meat, fish or carcass, the meat, fish or carcass is properly packaged in a manner that ensures that the meat, fish or carcass does not constitute a health hazard and nuisance to the public.
(5)
A person who drives a taxi which is hired shall not stop the taxi to pick another passenger or stop the taxi for a period longer than is reasonably necessary, if the hirer has not requested it.
(6)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
131. Use of passenger carrying vehicle
(1)
For the purposes of this regulation a passenger carrying vehicle includes a minibus, a trotro, a charter bus, a mass transit bus, a school bus, a coach and any other high occupancy bus.
(2)
A person who drives a passenger carrying vehicle shall
(a)
keep the passenger carrying vehicle in a clean and sanitary condition;
(b)
not use the passenger carrying vehicle to convey passengers or ply the passenger carrying vehicle for hire if the vehicle
(i)
is in a condition that makes it unsafe;
(ii)
is not suitable for conveying passengers; or
(iii)
does not conform to the requirements of these Regulations.
(c)
not use the passenger carrying vehicle for a purpose other than for conveying passengers and their luggage, mail or unaccopmanied luggage if the luggage or mail is safely secured so as not to endanger passengers.
(3)
A person who is not the driver of a passenger carrying vehicle shall not occupy the space set apart for the driver of the passenger carrying vehicle.
(4)
A person who drives a passenger carrying vehicle shall ensure that
(a)
adequate luggage space is provided externally to the passenger compartment of the passenger carrying vehicle either after the rear most seat or underneath the passenger compartment, and
(b)
a roofrack, a roof bar or a carrier is not fixed on a passenger carrying vehicle unless approved by the Licensing Authority.
(5)
A person who drives a passenger carrying vehicle shall
(a)
ensure that the entrance and exit of the passenger carrying vehicle is kept clear of passengers or obstruction and an article likely to cause an obstruction is not placed in the gangway,
(b)
ensure that an indication of the passenger carrying vehicle’s final destination is clearly exhibited on the passenger carrying vehicle where applicable, and
(c)
the passenger carrying vehicle carries a first-aid kit, equipment and other devices specified by the Licensing Authority.
(6)
For the purpose of a passenger carrying vehicle, a person is deemed to weigh eighty kilograms which includes an allowance for hand luggage of ten kilograms.
(7)
For the purposes of this regulation, the number of persons carried at a particular time shall not exceed the number of passengers the particular passenger carrying vehicle is required to carry and this number is determined by the dividing the registered freight or load which the passenger carrying vehicle is constructed to carry expressed in kilogrammes by the number eighty.
(8)
A person who contravenes this provision commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
132. Private use of passenger carrying vehicle
Where a passenger carrying vehicle which has been licensed to convey passengers is hired by a person for a particular purpose, the driver of the passenger carrying vehicle shall
(a)
carry in a conspicuous place on the front of the passenger carrying vehicle a sign marked “PRNATE” in large and legible letters, and
(b)
not use that passenger carrying vehicle for a purpose other than the conveying of passengers and their hand luggage.
133. Route and bus lanes for passenger carrying vehicles
(1)
The Minister in consultation with the Minister responsible for Roads and Highways may by publication in the Gazette reserve specified routes and lanes for the exclusive use of licensed passenger carrying vehicles.
(2)
The Minister in consultation with the Minister responsible for Roads and Highways may by publication in the Gazette create and reserve a bus lane on a major public road within an urban area for use by a mass transit bus or any other high occupancy vehicle.
(3)
A person shall not operate a motor vehicle on a specified passenger carrying vehicle route or a bus lane unless authorised by the Minister or an authorised agency.
(4)
Subregulations (2) and (3) do not apply to the following emergency service vehicles:
(a)
a vehicle used for official purposes by the Head of State;
(b)
a police vehicle in the course of the discharge of police duties;
(c)
a vehicle used by the fire service for’the purpose of putting out a fire;
(d)
an ambulance or vehicle which is being used as an ambulance by a hospital or clinic; or
(e)
a vehicle used by a recognised government security agency in the course of performing security duties
(5)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five and not more than fifty penalty units or to a term of imprisonment of not less than thirty days and not more than three months or to both.
134. Construction of passenger carrying vehicle
(1)
The Licensing Authority may issue a licence for a motor vehicle to operate as a passenger carrying vehicle if
(a)
the motor vehicle is capable of carrying a load which is not more than its designed capacity,
(b)
the body of the motor vehicle is soundly constructed and designed for the sole purpose of carrying passengers and luggage;
(c)
the seating accommodation is securely fixed in the body of the motor vehicle;
(d)
the seating accommodation conforms to the standards required by the Licensing Authority;
(e)
the width of the seat from the front to the back is at least forty centimetres or as required by the Licensing Authority;
(f)
in the case of seats facing the same direction there is a space” of at least seventy centimetres provided between the front of the back of one seat and the back of the seat immediately in front, out of which space at of least thirty centimetres is clear of obstruction;
(g)
in the case of seats arranged facing each other there is a space of at least fifty centimetres clear of obstruction between the front edge of one seat and the front edge of the seat facing it;
(h)
the gangway of the motor vehicle is at least forty centimetres wide;
(i)
the motor vehicle has at least two entrances for passengers, one of which may be an emergency exit, as approved by the Licensing Authority;
(j)
at least one of the entrances for passengers is sixty centimetres or more in width and where there is no exit at the rear of the vehicle there is an emergency exit on the left side of the motor vehicle;
(k)
an entrance or exit, other than an emergency exit, is on the right side or rear side of the’ motor vehicle;
(l)
the motor vehicle has an emergency exit which is fitted with a door which is kept closed except in an emergency and an entrance or exit door which is capable of being opened by one operation of the locking mechanism and is designed in a manner that enables it to readily open in case of need from both the inside and the outside of the vehicle;
(m)
the riser of the steps at the entrance and exit of the motor vehicle is closed and the maximum height from the ground of the lowest step is fifty centimetres;
(n)
the driver’s seat is separated from the passengers’ accommodation in a manner approved by the Licensing Authority,
(o)
the motor vehicle has a bell or a device which is electrically or manually operated and which allows the conductor to transmit signals to the driver from a part of the interior of the motor vehicle; and
(p)
the seats are fitted with seat belts where applicable.
(2)
A person who operates a passenger carrying vehicle, which has a minimum of thirty seats for hire or reward shall ensure that the passenger carrying vehicle is fitted with facilities for the physically challenged.
135. Speed limiter, logbook and tachograph
(1)
A person who operates a commercial vehicle with a gross vehicle weight of at least three and half metric tonnes shall ensure that
(a)
the vehicle is fitted with a speed limiter determined by the Licensing Authority inconsultation with National Road Safety Commission;
(b)
a speed limiter fitted on the vehicle is not tampered with; and
(c)
the preset speed is in accordance with regulation 163.
(2)
A person who operates a long distance heavy goods and commercial vehicle shall ensure that the vehicle carries a logbook, which provides:
(a)
information on the vehicle details including the registration number, make, model and chassis number,
(b)
personal details of the person driving including that persons name and age and the type of driver’s licence,
(c)
information on
(i)
the origin of the trip and destination of the journey,
(ii)
the distance of the journey,
(iii)
the departure time and arrival time, and
(iv)
the resting period and location for resting.
(3)
A person who operates a commercial vehicle including a trailer which carries passengers or goods or both passengers and goods, and which has a gross vehicle weight of three and a half metric tonnes and above shall ensure that the vehicle is fitted with a tachograph if the vehicle
(a)
is designed to carry not more than seven persons;
(b)
is used for regular intra-city passenger service;
(c)
has a legal maximum speed limit of not more than thirty kilometres per hour;
(d)
is used by a security agency or an emergency service agency or
(e)
is used for domestic purposes including the collection of waste and other substances.
(4)
The owner of a vehicle on which a tachograph is required to be fitted shall ensure that .
(a)
the tachograph conforms with specifications and requirements approved by the Licensing Authority and is in good working condition, and
(b)
the vehicle if it is fitted with a mechanical tachograph has at least two charts at alf times.
(5)
A person who drives a vehicle which is fitted with a tachograph shall ensure that the mechanical imprints on the front of the tachograph are not interfered with.
(6)
A person who drives a vehicle to which a tachograph is fitted shall ensure that a completed tachograph chart bears
(a)
the full name of the person driving the vehicle,
(b)
the details of where and when the journey started,
(c)
the date of the.journey,
(d)
the vehicle registration number, and
(e)
the odometer readings at the start of the journey and the end of the journey.
(7)
The information provided in subregulation 6 shall, for the purposes of ensuring compliance with the relevant provisions of the Act and these Regulations be regularly checked at any time during the journey or after the journey by
(a)
a police officer;
(b)
a vehicle examiner;
(c)
a vehicle owner; or
(d)
a person authorised to do so.
(8)
A person who drives a vehicle to which a tachograph is fitted shall
(b)
keep the tachograph on the vehicle and readily available for inspection by vehicle examiner; and
(c)
submit the completed tachograph for inspection by a vehicle examiner after the completion of a journey.
(9)
The owner of a motor vehicle on which a tachograph is fitted shall
(a)
keep the completed tachograph chart for a period of twelve months; and
(b)
submit the tachograph
(i)
to the Licensing Authority for inspection every two years; and
(ii)
for full re-caliberation every six years or after repair of the tachograph to anagent authorised by the Licensing Authority.
(10)
Where a person is compelled to drive more than two vehicles in a day,
(a)
that person shall take out the tachograph chart from the last vehicle driven andinsert it in the present vehicle being driven and enter the necessary details accordingly; or persons together with their hand luggage calculated at eighty kilogrammes each and the goods do not exceed the registered freight or load of that passenger carrying vehicle.
(3)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
137. Maximum number of passengers
(1)
A person who drives a taxi, omnibus or other passenger carrying vehicle shall not carry a number of persons that exceeds the number of persons determined by. the Licensing Authority to be carried by that vehicle and stated in the vehicle registration documents.
(2)
In calculating the number of persons that a passenger carrying vehicle may be permitted to carry, the Licensing Authority shall take into consideration
(a)
the standing rOom available for passengers, and
(b)
the actual available seating accommodation.
(3)
A person who drives a vehicle which carries passengers shall, unless otherwise determined by the Licensing Authority, ensure that proper seating accomodation is available for each passenger.
(4)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
138. Particulars to be written on passenger carrying vehicle
(1)
The owner of a passenger carrying vehicle shall ensure that the following particulars are written in a conspicuous place on both sides of the vehicle, so as to make it clearly visible to a person standing beside the vehicle:
(a)
the owner’s name and registered address,
(b)
the net weight of the vehicle,
(c)
the gross weight of the vehicle,
(d)
the height, the axle weight, where required by the Licensing Authority,
(e)
the maximum number of persons permitted to be carried in the vehicle at a particular time, and
(f)
the contact telephone number(s) of the owner of the vehicle.
(2)
The particulars shall be written or marked in letters and figures of not less than two and a half centimetres in height and in a shape and colour that makes them legible and clearly distinguishable from the colour of the part where the letters and figures are written or marked.
(3)
The owner of the vehicle shall ensure that the paint or marking is renewed or repaired as often as may be necessary to keep the letters and figures legible and clearly distinguishable.
(4)
A person who contravenes this regulation commits an offence and is liable on summary conviction to the fine specified in the Seventh Schedule.
139. Property left in passenger carrying vehicle
(1)
Where a person driving a taxi or a conductor of any other passenger carrying vehicle or a person driving any other passenger carrying vehicle finds an article left in the vehicle after the completion of a journey, that person shall take that article to the nearest police station or the drivers’ union office without delay.
(2)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than ten penalty units or to a term of imprisonment of not more than fourteen days or to both.
140. Offences in passenger carrying vehicle
(1)
A person shall not, while travelling on a passenger carrying vehicle
(a)
use offensive, quarrelsome language or gesture;
(b)
behave in a manner likely to provoke or insult another person;
(c)
interfere with the comfort of a passenger;
(d)
spit on or wilfully soil a part of the passenger carrying vehicle;
(e)
damage or deface the passenger carrying vehicle or a part of its equipment;
(f)
do or cause to be done with respect to a part of the passenger arrying vehicle or of its equipment anything which is calculated to obstruct or interfere with the working of the passenger carrying vehicle or to cause injury or discomfort to a person on the passenger carrying vehicle;
(g)
obstruct or impede the person driving the passenger carrying vehicle or conductor of the passenger carrying vehicle in the performance of that person’s duty;
(h)
enter into conversation with the person driving the passenger carrying vehicle while it is in motion;
(i)
smoke or carry a lighted pipe, cigar or cigarette while on the passenger cairying vehicle;
(j)
sell or offer for sale or distribute goods or a printed matter;
(k)
throw an article from the passenger carrying vehicle; or
(l)
refuse to pay the fare when it is demanded.
(2)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less then ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or both.
141. Other offences relating to passenger carrying vehicle
(1)
A person shall not
(a)
permit a vehicle for which that person is responsible to stand for hire or ply for hire or carry passengers for reward unless the vehicle is licensed to operate as a commercial vehicle;
(b)
permit a taxi for which that wrson is responsible to stand or ply for hire where that taxi does not carry a licence plate as provided in regulation 129;
(c)
permit a taxi to ply for hire without exhibiting the number of persons the taxi is licensed to carry;
(d)
while in charge of a taxi, omnibus or other passenger carrying vehicle contravene or permit a person to contravene a provision of regulation 131 to 140;
(e)
while in charge of a taxi, omnibus or other passenger carrying vehicle cause or permit a breach of a condition attached to the issuance of a licence as regards that vehicle; or while driving a taxi or acting as conductor of an omnibus or other passenger carrying vehicle, act in a way so as to make oneself a nuisance to another person or cause annoyance or inconvenience to another person.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
International convention provision
142. Documents for a vehicle being taken out of Ghana
(1)
The Licensing Authority or an appropriate Agency may issue, in respect of a motor vehicle or a trailer registered under these Regulations to be used outside the Republic:
(a)
a registration document, certifying the particulars of that motor vehicle shown in the register kept by the Licensing Authority,
(b)
an International Vehicle Certificate for the vehicle in the form specified in the Vienna Convention, 1968 on Road Traffic, which is as set out in Form U in the First Schedule,
(c)
an International Fiscal Permit for the motor vehicle in the form specified in the Geneva Convention, 1931 as set out in Form UI in the First Schedule, and
(d)
an ECOWAS brown card.
(2)
The Licensing Authority may in respect of a motor vehicle or trailer registered under these Regulations issue a document to certify
(a)
the net weight of the maximum load which a motor vehicle is permitted to carry,
(b)
the maximum weight a motor vehicle is permitted to carry under these Regulations, and
(c)
the permissible maximum gross weight of the motor vehicle when ready for the road and carrying the maximum load specified.
(3)
The Licensing Authority shall assign to a trailer an identification mark to be carried on the trailer when the trailer is used outside Ghana.
(4)
The Licensing Authority or the appropriate agency may issue an International Vehicle Certificate under the Vienna Convention, 1968 if
(a)
the Licensing Authority or the appropriate agency is satisfied that the vehicle is fit for use on a road, and
(b)
subject to issuing the certificate, or any other documents under these Regulations, the vehicle or trailer is examined.
(5)
The Licensing Authority shall keep a register of documents issued under these Regulations.
(6)
The Licensing Authority or the appropriate agency shall charge for documents issued under these Regulations, the fees provided in the Fifth Schedule.
143. Documents for a person driving a vehicle outside Ghana
(1)
The Licensing Authority may in accordance with the Vienna Convention, 1968 issue an International Authority is satisfied that, that person is
(a)
a holder of a valid Ghanaian driving licence,
(b)
competent to drive a motor vehicle of the description for which the Permit is issued,
(c)
resident in Ghana, and
(d)
not disqualified under any of the provisions of the Act from driving a motor vehicle of the description for which the permit is sought.
(2)
The application form for an international driving permit and the form of an international driving permit are as set out in Forms V and VI respectively in the First Schedule.
(3)
An applicant for an International Driving Permit shall be present for examination by an officer appointed by the Authority to determine the applicant’s competence to drive a motor vehicle of the relevant class and description.
(4)
The Licensing Authority shall charge the fee specified in the Fifth Schedule.
(5)
Where a court makes an order disqualifying a person from holding and obtaining a driver’s licence under the Act, the court may in addition require.
(a)
the Licensing Authority to cancel the International Driving Permit held by that person; and
(b)
that person to surrender to the Licensing Authority the International Driving Permit held by that person.
(6)
The Licensing Authority shall keep and maintain a register of permits issued and a record of permits that are cancelled under these Regulations.
(7)
An International Driving Permit is not transferable.
144. Visitor’s vehicle
(1)
A person who brings a motor vehicle into the country may on application to the Licensing Authority be granted by the Licensing Authority
(a)
an International Transit Permit, or
(b)
an International Circulation Permit.
(2)
An applicant under subregulation (1), shall satisfy the Licensing Authority that
(a)
that person is resident outside Ghana,
(b)
the motor vehicle is in Ghana for a period not exceeding ninety days, and
(c)
section 3 of the Motor Vehicles (Third Party Insurance) Act, 1958, (No. 42) will be complied with while the permit is in force.
(3)
The applicant shall furnish the Licensing Authority with the following particulars:
(a)
the full name and home address of the applicant;
(b)
the date and place of entry of the motor vehicle into the country;
(c)
the make and chassis number of the motor vehicle and other particulars of the motor vehicle as the Licensing Authority may require;
(d)
the letters and the number on the registration plates of the motor vehicle and, if different, of the trailer drawn by the motor vehicle and the country of registration
(e)
the details of the manufacturer of the trailer and the serial or other identification number of the trailer where the motor vehicle is drawing a trailer, and
(f)
the address of the applicant in Ghana.
(4)
The Licensing Authority shall not issue an International Circulation Permit or an International Transit Permit
(a)
for a period or a part of a period which falls after the ninetieth day from the date on which the motor vehicle was last brought into the-country; and
(b)
to a person for a period of more than riinety days in anyone calender year.
(5)
A person granted an International Circulation Permit or International Transit Permit shall
(a)
display the permit on the motor vehicle when the motor vehicle is being used on a road, and
(b)
allow a police officer in uniform to examine the permit on demand.
(6)
The holder of an International Circulation Permit or International Transit Permit shall give notice and surrender the permit to the Licensing Authority as soon as possible,
(a)
after the expiration of the International Circulation Permit or International Transit Permit; or
(b)
where the motor vehicle in respect of which the International Circulation Permit or International Transit Permit is granted is
(i)
finally taken outside Ghana; or
(ii)
destroyed.
(7)
The Licensing Authority shall keep a register of International Circulation Permits and International Transit Permits issued under this regulation.
(8)
An appropriate Authority or Agency which issues an International Circulation Permit shall forward to the Licensing Authority the particulars relating to the issuance of that permit as the Licensing Authority may require.
145. Exemption of visitor’s vehicle
A motor vehicle in respect of which an International Circulation Permit is in force shall be exempt from the requirements of section 38 of the Act.
146. Registration plate and nationality sign
(1)
A person driving a motor vehicle for which an International Circulation Permit is in force shall carryon the motor vehicle,
(a)
where a visitor’s document in respect of the motor vehicle is produced to the appropriate Authority issuing the International Circulation Permit or International Transit Permit,
(i)
the registration mark recorded in that document, and
(ii)
a nationality sign indicating the country under the law of which that registration mark was issued; and
(b)
where a visitor’s registration document is not produced, a registration mark assigned to that motor vehicle by the appropriate Authority issuing the International Circulation Permit.
(2)
Regulation 10 and the Second Schedule apply to a registration mark carried under this regulation, except that a registration mark under subregu1ation (1)(a) is not required to (a) conform to the provisions of the Second Schedule if it conforms to the corresponding requirements of the law under which the registration mark was issued if the registration mark is in Roman characters and has figures in ordinary Arabic numerals; and
(b)
be exhibited at the front of the motor vehicle if that is not required by the law under which the registration mark was issued.
(3)
A nationality signrequired under this regulation shall be exhibited at the back of the motor vehicle and be clearly distinguishable.
(4)
The requirements of these Regulations as regards the illumination of identification marks assigned to a motor vehicle apply to the illumination of the registration mark and the nationality sign to be carried on a motor vehicle under this regulation so long as the International Circulation Permit or International Transit Permit is in force.
(5)
A registration mark under subregulaticn (l)(a) or a nationality sign of a country outside Ghana shall not be carried on a motor vehicle in respect of an International Circulation Permit or International Transit Permit which is not in force.
147. Visitor’s driving permit
(1)
Subject to the provisions of this regulation, a person resident outside Ghana who holds an International Driving Permit issued under the 1968 Vienna Convention in a foreign country which is a party to the Vienna Convention, 1968 may, while the permit is in force, be exempt from the requirements of section 53 of the Act, which makes it unlawful to drive without a licence issued under the Act, in relation to a motor vehicle of the category specified in the driving permit.
(2)
This regulation does not apply to a person
(a)
who under the Act is disqualified from holding a driving licence; or
(b)
who has not attained the age of eighteen years.
(3)
Where a person holding an International Driving Permit issued under the Vienna Convention, 1968 in a foreign country is convicted in this country of an offence in connection with the driving of a motor vehicle, the court by which that person is convicted may, in addition to any other penalty to which the person may be liable, make an order depriving that person of that person’s right to drive a motor vehicle in this country for a period specified in the order, and shall cause the particulars of the order to be endorsed on the permit.
(4)
Regulation 32 applies to an International Driving Permit issued under the Vienna Convention, 1968.
(5)
A person who contravenes a provision of this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
148. Use of foreign driver’s licence
(1)
A person shall not use a foreign driver’s licence to drive in the Republic.
(2)
A holder of a foreign driver’s licence shall convert the licence in accordance with section 55 to 57 of the Act to enable that person drive in the country.
(3)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty-five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
Traffic other than motor traffic
149. Definition
For the purposes of regulation 150 to 153:
(3)
A person on a road shall not
(a)
ride a bicycle abreast of more than one person also riding a bicycle except in an authorised guided racing event;
(b)
whilst riding a bicycle hold on to a vehicle while the vehicle is in motion;
(c)
ride a bicycle of which at least twenty-three centimetres of the lowest part of the rear mudguard is not reflective;
(d)
leave a vehicle which has an animal attached unattended;
(e)
propel a barrow, truck, hand-cart or other similar vehicle other than by holding the pole or shafts;
(f)
ride or drive an animal or vehicle in a reckless manner;
(g)
drive at a speed of more than ten kilometres per hour a vehicle carrying a load which projects more than ninety centimetres beyond either end of the vehicle;
(h)
wilfully or negligently prevent, hinder or interrupt the free passage of a person, vehicle or animal;
(i)
draw up a vehicle so as to obstruct free passage along a road;
(j)
drive, ride, propel or park a vehicle or an animal on a footway or pavement provided for the use of pedestrians along the road; or
(k)
fasten an animal so as to obstruct or endanger a person lawfully using the road.
(4)
A person shall not operate a roller skate or skate board on a road.
“Vehicle” means a non-motorised vehicle and does not include a motor vehicle or a trailer as defined under the Act.
150. Other rules of the road
(1)
A person who has control of a vehicle on a road shall
(a)
make use of the hand-signals prescribed for a person driving a motor vehicle in regulation 109;
(b)
between sunset and sunrise show a white light to the front and a red light or red glass or retro-reflective material to the rear sufficient to warn persons on the road;
(c)
keep to the right of the road, except when overtaking traffic proceeding in the same direction;
(d)
when overtaking traffic proceeding in the same direction pass the traffic only on the left;
(e)
when necessary give audible and sufficient warning of approach by sounding a bell, horn or other appliance which the vehicle is required to be fitted with;
(f)
make use of designated lanes, carriage ways or other facilities where these facilities are provided;
(g)
comply with the signs illustrated in the Fourth Schedule and traffic signs placed on or near a road by order of the local authority or other authority responsible for the maintenance of the road for the guidance of a person driving a vehicle; and
(h)
wear reflective clothing in the night to enhance visibility when attending to the vehicle.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
151. Bicycles, hand carts, animal drawn carts, roller skates
(1)
A person shall not operate a hand cart, animal drawn cart, hand trolley or truck or a similar non-motorised vehicle without a registration number and operating permit from the Metropolitan, Municipal or District Assembly.
(2)
A person who operates a non-motorised vehicle on the road shall comply with the rules applicable to the use of the road.
(3)
A person on a road shall not
(a)
ride a bicycle abreast of more than one person also riding a bicycle except in an authorised guided racing event;
(b)
whilst riding a bicycle hold on to a vehicle while the vehicle is in motion;
(c)
ride a bicycle of which at least twenty-three centimetres of the lowest part of the rear mudguard is not reflective;
(d)
leave a vehicle which has an animal attached unattended;
(e)
propel a barrow, truck, hand-cart or other similar vehicle other than by holding the pole or shafts;
(f)
ride or drive an animal or vehicle in a reckless manner;
(g)
drive at a speed of more than ten kilometres per hour a vehicle carrying a load which projects more than ninety centimetres beyond either end of the vehicle;
(h)
wilfully or negligently prevent, hinder or interrupt the free passage of a person, vehicle or animal;
(i)
draw up a vehicle so as to obstruct free passage along a road;
(j)
drive, ride, propel or park a vehicle or an animal on a footway or pavement provided for the use of pedestrians along the road; or
(k)
fasten an animal so as to obstruct or endanger a person lawfully using the road.
(4)
A person shall not operate a roller skate or skate board on a road.
(5)
A person may operate a roller skate or skate board at a designated play ground authorised by the appropriate Metropolitan, Municipal or District Assembly.
(6)
A person on a roller skate, bicycle or skate board or riding in or by means of a coaster, toy vehicle, or similar device shall not interfere with the intended use of a sidewalk, a parking lot, or a court area.
(7)
A person who operates a non-motorised vehicle contrary to a provision of this regulation commits an offence and is liable on summary conviction to a fine of not more than ten penalty units or to a term of imprisonment of not more than fourteen days or to both.
152. Animals on road at night
(1)
A person driving or herding an animal along a road between sunset and sunrise shall wear reflective clothing and carry a red light visible along the road in both directions.
(2)
A person riding a horse along a road between sunset and sunrise shall wear reflective clothing and provide reflective materials for the animal to ensure visibility.
(3)
A person who contravenes subregulation (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
General
153. Transportation of animal
(1)
A person shall not carry a pet animal in a motor vehicle or on a road unless it is properly restrained in a manner that ensures the safety of the person driving the motor vehicle, occupants of the motor vehicle and other road users.
(2)
A person shall not leave or allow a bovine, horse, ass, mule, sheep, goat, pig and ostrich,
(a)
to be on a section of a road where that section is not fenced or in a manner closed along both sides; or
(b)
in a place from where it may stray onto a section of a road.
(3)
Subregulation (2) does not apply to an animal which is
(a)
ridden or used to draw a motor vehicle along a public road; or
(b)
driven from one place to another in a manner as not to constitute ‘a source of danger or injury to a person or motor vehicle using the road.
(4)
In the prosecution for a contravention of subregulation (2), it shall be assumed in the absence of evidence to the contrary that,
(a)
an animal referred to in subregulation (2), which is found on a section of a road, was left or allowed to be on the section of the road or public place concerned by its owner; and
(b)
a section of a road is regarded as fenced or enclosed along both sides even if there is an opening in the fence which provides access to the road.
(5)
A person who contravenes subregulation (1) or (2), commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
154. Use of road by pedestrians
(1)
Where a police officer or an authorised person is directing vehicular traffic’ on a road, a person who proceeds across or along the carriage way in contravention of a direction to stop driving commits an offence.
(2)
A pedestrian who jaywalks or ignores a traffic light signal commits an offence.
(3)
A pedestrian who fails to use footbridge or an underpass where one is provided, commits an offence.
(4)
Where a sidewalk or footpath abuts a roadway a pedestrian shall not walk on that roadway except for the purpose of crossing from one side of that roadway to the other or for some other sufficient reason.
(5)
A pedestrian on a road which does not have a sidewalk or footpath abutting on the roadway, shall walk as near as is practicable to the edge of the road on the pedestrian’s left-hand side to face oncoming traffic on that road, except where the presence of a pedestrian on that road is prohibited by a prescribed road traffic sign.
(6)
A pedestrian shall not cross a road without being satisfied that the road is sufficiently free from oncoming traffic to permit the pedestrian to cross the road safely.
(7)
A pedestrian shall not linger on a road when crossing the road but shall proceed with due dispatch.
(8)
A pedestrian on a road shall not engage in a conduct that is likely to constitute a source of danger to the pedestrian or to other traffic which is or may be on the road.
(9)
A pedestrian shall except as otherwise provided in sub-regulation (7) cross a road at a pedestrian crossing, intersection or at a distance not further than fifty metres from the pedestrian crossing or intersection or at an authorised place.
(10)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than five penalty units or to a term of imprisonment of not more than seven days or to both.
155. Boarding and alighting from motor vehicle
(1)
A person shall not
(a)
board a motor vehicle or alight from a motor vehicle at an unauthorised place, or
(b)
whilst a motor vehicle on a road, stop the motor vehicle at an unauthorised place.
(2)
A person shall not enter a motor vehicle or alight from a motor vehicle unless the motor vehicle is stationary.
(3)
A person who is driving a motor vehicle shall not permit another person to enter the motor vehicle or alight from the motor vehicle when the motor vehicle is in motion.
(4)
Where a motor vehicle is on a road, a person shall not in respect of that motor vehicle
(a)
open a door that is on the side of the road which is closest to moving traffic, unless it is reasonably safe to do so; and
(b)
load or unload passengers through a door that is on the side of the road which is closest to moving traffic.
(5)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than five penalty units or to a term of imprisonment of not more than seven days or to both.
156. A person being an excess passenger on motor vehicle
(1)
A person who boards a motor vehicle which is not licensed to carry standing pas.sengers, where that vehicle has its full complement of seating passengers commits an offence and shall be jointly charged with the person driving the motor vehicle.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not more than five penalty units or to a term of imprisonment of not more than seven days or to both.
157. Spot fine
(1)
A person who commits a road traffic offence specified in the Seventh Schedule is liable to pay a spot fine.
(2)
Despite subregulation (1), the Minister may by publication in the Gazette provide that a road traffic offence attracts or ceases to attract a spot fine.
(3)
Where a person commits a road traffic offence which attracts a spot fine, a police officer in whose presence the offence was committed shall
(a)
issue that person with a spot fine notice; and
(b)
record the offence in the counterpart driver’s licence of that person.
(4)
Where a police officer in uniform believes an offence which attracts a spot fine has been committed by a person and the vehicle of that person is stationary and unattended, the police officer shall affix a spot fine notice to the windshield of the motor vehicle.
(5)
A person issued with a spot fine notice under subregulation (3) or (4) shall report to the Spot Fine Office with the spot fine notice within twenty-four hours.
(6)
Where the person admits the offence, the officer in charge of the Spot- Fine Office may
(a)
issue that person with a caution notice in the case of a first time offence; or
(b)
direct that that person pays the fine specified in the spot fine notice in lieu of court proceedings(7) Where the person denies committing the offence, the officer in charge of the Spot Fine Office shall recommend the prosecution of that person by the Police.
(8)
Where a person pays the fine stated in the spot fine notice that person shall not be prosecuted for the same offence.
(9)
Where a person fails to pay the fine imposed within the period specified in thespot fine notice, the Licensing Authority may refuse to renew the driver’s licence.
(10)
Where an offence specified in this regulation is committed as a result of a defect on the vehicle, a police officer in uniform shall issue that person with a conditional vehicle rectification notice.
(11)
Where the conditional vehicle rectification notice issued under subregulation (10) is in respect of
(a)
a minor defect on the motor vehicle, the person in charge of the motor vehicle shall rectify the defect within the period specified in the conditional vehicle rectification notice;
(b)
a major defect on the motor vehicle, the person in charge of the motor vehicle shall rectify the defect within the period specified in the conditional vehicle rectification notice and in addition pay the fine imposed; or
(c)
a commercial vehicle, the person in charge of the commercial vehicle shall not use the commercial vehicle unless that person has ratified the defect specified in the conditional vehicle rectification notice.
(13)
Despite subregulation (3) and (4), a Police Officer may, having regard to the seriousness of the act constituting the offence process the person for court without the option of paying a spot fine.
(14)
A person who contravenes or fails to comply with a provision of this regulation commits an offence.
(15)
Without limiting the effect of subregulation (1) and (2), a person who contravenes or fails to comply with a provision in the Seventh Schedule commits an offence and is liable,
(a)
for a first offence and two subsequent offences, to a fine of not more than five penalty units for each offence;
(b)
for a fourth offence to a fine of ten penalty units;
(c)
for a fifth offence to a fine of fifteen penalty units;
(d)
on summary conviction by a court for a sixth offence,
(i)
to an order from the court for the revocation, suspension or cancellation of the person’s driving licence by the Licensing Authority for not less than twelve months,
(ii)
re-training at the designated training centre, and
(iii)
re-testing by the Licensing Authority before the issuance of a new driver’s licence.
(16)
Where a person is summarily convicted by a court for failure to pay a spot fine, that person is liable to a fine not less than twenty-five penalty units and not more than fifty penalty units or a term of imprisonment of not more than three months or to both.
158. Power to inspect, impound and prohibit the use of motor vehicle
(1)
An examiner, an authorised vehicle inspector appointed by the Licensing Authority or a police officer may inspect a motor vehicle or a trailer to ascertain whether the provisions of the Act or of a regulation made or permit issued under the Act are being complied with.
(2)
In the event of non-compliance, an examiner authorised by the Licensing Authority or a police officer not below the rank of Inspector may by order in writing prohibit the further use of the motor vehicle or the trailer until the provision has been complied with.
(3)
A person shall not use or permit a motor vehicle or a trailer to be used in contravention of an order specified under subregulation (2).
(4)
An examiner authorised by the Licensing Authority or a police officer in uniform may stop a motor vehicle or a trailer to ascertain whether the motor vehicle or the trailer drawn is being used in contravention of the Act or a regulation made under it or a permit or a licence issued under the Act.
(5)
Where a motor vehicle or trailer is found parked on a road, a police officer may impound the motor vehicle or trailer or cause it to be taken to a police station or place of safety and be detained there until the owner of the motor vehicle or trailer and the person driving the motor vehicle or responsible for the trailer can be identified and dealt with as provided for under these Regulations.
(6)
An owner of a motor vehicle or a person driving a vehicle shall on demand by an examiner authorised by the Licensing Authority, or a police officer not below the rank of Inspector,
(a)
produce the motor vehicle or trailer drawn at a time and place as the examiner or police officer may determine, and
(b)
submit the motor vehicle or trailer for inspection and testing as maybe required to ascertain whether the provisions of the Act or a regulation, a permit or a licence issued under the Act is being complied with.
(7)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
159. Traffic warden
(1)
A person employed by a Metropolitan, Municipal or District Assembly or a recognised body as a traffic warden, and who is in control of vehicular and pedestrian traffic on a road within the jurisdiction of “the local authority may stop a motor vehicle on a road in order to facilitate the flow of traffic for the purpose of road safety.
(2)
Despite subregulation (1), a person shall not direct traffic on a road without authorisation from the appropriate authority as specified under subregulation (1). (3) A person who contravenes subregulation (2) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-
160. Prohibition of use of certain roads
(1)
Where the Minister is of the opinion that it might be unsafe to permit a particular class or type of motor vehicle to use a particular road, the Minister may by notice published in the Gazette prohibit the class or type of motor vehicle from using that road, and shall cause suit- able warning signs to be erected on the approaches to that road.
(2)
A person shall not contravene a warning sign erected in accordance with subregulation (1).
(3)
A person who contravenes subregulation (2) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
161. Application for Police Report on an accident
(1)
A person may apply in writing to the police officer in charge of the jurisdiction within which an accident involving a motor vehicle occurs for a Police Accident Report in relation to the accident.
(2)
An application for a Police Accident Report shall be accompanied with the fee specified in the Fifth Schedule.
(3)
On receipt of an application for a Police Accident Report, the police officer to whom the application is submitted shall cause a copy of the report made on the accident in duplicate to be sent to the applicant within fourteen days.
(4)
A person who has been given a Police Accident Report may obtain additional copies of the report on payment of the fee specified in the Fifth Schedule.
162. Exemption from registration and licensing of motor vehicles and trailers
(1)
The provisions of these Regulations in relation to the registration and licensing of a motor vehicle or a trailer do not apply to a motor vehicle or a trailer run by the Armed Forces, Police Service, Fire Service and Prisons Service.
(2)
Despite subregulation (1), a motor vehicle or trailer run by the Ghana Armed Forces, Police Service, Fire Service and Prisons Service shall bear appropriate identification mark.
163. General speed limits
Except otherwise indicated by the Road Authority, a person driving a motor vehicle shall not exceed a maximum permissible speed limit of
(a)
thirty kilometres per hour on a road
(i)
within a school, a playground, or a health facility,
(ii)
a church, a mosque, a market, a shopping center, or
(iii)
a procession or where human activity is predominant;
(b)
fifty kilometres per hour on a road or a section of a road situated within an urban or built up area;
(c)
ninety kilometres per hour on a road or section of a road, other than a motorway, situated outside an urban or built up area; or
(d)
one hundred kilo metres per hour on a motorway.
164. Speed limits for particular class of vehicles
Despite regulation 163, a person driving a motor vehicle shall not exceed a maximum speed limit
(a)
of seventy-five kilometres per hour if the motor vehicle is a heavy goods carrying vehicle when loaded;
(b)
of eighty kilo metres per hour in respect of
(i)
a bus;
(ii)
a passenger carrying vehicle used for conveying persons for reward; or
(iii)
unloaded heavy goods carrying vehicle;
(c)
of one hundred kilometres per hour in respect of
(i)
a saloon car; or
(ii)
a light vehicle;
(d)
of thirty kilometres per hour in respect of an agricultural vehicle or a slow moving vehicle; or
(e)
as specified in regulation 163 for other motor vehicles.
(2)
A person who contravenes a provision of this regulation or regulation 165 commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
165. Reasonable and prudent speed conditions to be observed
(1)
Despite regulation 164, a person shall drive a motor vehicle at a speed lower than that indicated under regulation 164, if the actual and potential hazards relating to the environmental conditions then existing require the motor vehicle to be driven at a lesser speed.
(2)
A person driving a motor vehicle shall drive at a safe and appropriate speed when
(a)
approaching and crossing an intersection or railroad grade crossing;
(b)
approaching and going around a curve;
(c)
approaching a hil1crest;
(d)
travelling on a narrow bridge or narrow winding road; or
(e)
special hazards exist with respect to pedestrians or other traffic or by reason of weather or road conditions.
(3)
The National Road Safety Commission or its authorised agents in collaberation with the Licensing Authority and the Police shall introduce speed cameras and other measures to facilitate compliance with these Regulations.
(4)
A person who contravenes this regulation commits an offence and is liable on summary conviction to the fine specified in the Seventh Schedule.
166. Exemption from speed limit
The provisions ofregulations 163, 164 and 165 which impose a speed limit on a motorvehicle does not apply to a motor vehicle,
(a)
when the motor vehicle is being used in the performance of official functions by the
(i)
Fire Service,
(ii)
Ambulance Service,
(iii)
Police,
(iv)
Armed Forces,
(v)
Prisons, and
(vi)
other recognised security agencies, or
(b)
if adherence to those provisions may hinder the purpose for which the motor vehicle is being used.
167. Authorised emergency vehicles
(1)
A person who drives an authorised emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not on returning from an emergency call, may exercise the privileges set forth in these Regulations.
(2)
The person driving an authorised emergency vehicle under the circumstances described in subregulation (1) may
(a)
park or stand at a restricted area;
(b)
proceed past a red light or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(c)
exceed the maximum speed limits as provided for in these Regulations so long as the person driving the motor vehicle does not endanger life or property; or
(d)
disregard the regulations governing direction of movement or turning in a specified direction.
(3)
The exemptions granted in these Regulations to an authorised emergency vehicle responding to an emergency situation shall apply only when
(a)
the person driving the motor vehicle while in motion sounds an audible .signal by bell, horn, siren, or exhaust whistle as may be reasonably necessary, and
(b)
the motor vehicle is equipped with at least one lighted lamp displaying red or blue or both lamps visible under normal _ atmospheric conditions from a distance of one hundred and fifty metres to the front of the motor vehicle.
(4)
Subregulations (1), (2) and (3) shall not
(a)
relieve the person driving an authorised emergency vehicle from the responsibility to drive with due care for the safety of all persons; or
(b)
protect the person driving from the consequences of the person’s reckless disregard for the safety of other road users.
168. Obedience to Police and Fire Service officials
A person driving a motor vehicle who wilfully fails or refuses to comply with a lawful order or direction of a police officer, an authorised person or a fire-fighter commits an offence and is liable on summary conviction to the fine specified in the Seventh Schedule.
169. Fleeing or attempting to elude a police officer or an authorised person
(1)
A person driving a motor vehicle commits an offence if when given a visual signal or an audible signal by a police officer or an authorised person in uniform to bring the motor vehicle or motor cycle to a stop, that person
(a)
wilfully fails or refuses to stop the motor vehicle or motor cycle, or
(b)
flees or attempts to elude a pursuing police vehicle.
(2)
The signal given by the police officer or the authorised
person under subregulation (1) may be by hand, voice, emergency lights, siren, horn or whistle.
170. Obstructing an intersection or a pedestrian crossing
(1)
A person driving a motor vehicle shall not enter an intersection, pedestrian crossing or a marked area unless there is sufficient space on the other side of the intersection, the pedestrian crossing or the marked area to accommodate the motor vehicle that the person is operating without obstructing the passage of other motor vehicles or pedestrians, despite a traffic-control signal indication to proceed.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
171. Disregarding signs and barricades
(1)
A person shall not operate a motor vehicle, on, or across a newly constructed road or a newly marked road where there is a barrier or sign authorised by lawful authority prohibiting entry or operation of that motor vehicle.
(2)
A person who contravenes this regulation commits an offence and is liable on summary conviction to the fine specified in the Seventh Schedule .
172. Exceeding weight limits on certain roads
(1)
A person shall not drive or cause to be driven or permit a truck, trailer or motor vehicle to. enter certain roads when the gross weight designation on the truck trailer or motor vehicle exceeds the posted weight limit, unless the truck trailer or motor vehicle is granted a special permit under these Regulations.
(2)
Posted weight limit does not apply to
(a)
an emergency vehicle; or
(b)
a truck used in providing an essential service or carrying goods, merchandise, or other articles to or from a location abutting a road.
(3)
Despite subregulation (1), a truck may enter the road at the nearest point to the location and provide services or deliver or receive goods, merchandise or other articles but shall not proceed farther than the nearest point of exit.
(4)
The Road Authority shall erect an appropriate sign or provide a marking to designate the road on which a truck is prohibited.
(5)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
173. Racing on streets or roads
(1)
A person shall not drive or cause to be driven or permit an- other person to drive a motor vehicle on a road,
(a)
in a race, speed competition or contest;
(b)
in a drag race or acceleration contest;
(c)
for a test of physical endurance, exhibition of speed or acceleration; or
(d)
for the purpose of making a speed record.
(2)
A person shall not participate in a race, competition, contest, test or exhibition in an area that is not designed or authorised for that purpose.
174. Obedience to stop light, stop sign and yield right-of-way sign
(1)
In accordance with these Regulations, when a sign is erected giving notice, a person driving a motor vehicle, a person riding a motorcycle or bicycle and an operator of a non-motorised vehicle, shall stop or yield right-of-way at an intersection marked by a stop or yield sign in obedience to the sign erected and posted.
(2)
A person driving a motor vehicle or riding a motorcycle or bicycle or operating a non-motorised motor vehicle, approaching a yield sign shall
(a)
slow down to a reasonable speed, and
(b)
yield or give way to a motor vehicle,
(i)
in the intersection; or
(ii)
approaching on another highway so closely as to constitute an immediate hazard during the time that the person driving or riding is moving across or within the intersection.
(3)
Where there is a collision with another vehicle at the intersection, the collision shall be considered as a prima facie evidence of the person’s failure to yield right-of-way under subregulation (1) or (2).
(4)
A person driving a motor vehicle or riding a motorcycle or bicycle or operating a non-motorised vehicle, approaching a yield sign if required for safety to stop, shall
(a)
stop before entering the pedestrian crossing.on the near side of the intersection;
(b)
where there is no pedestrian crossing, stop at a clearly marked stop line; or
(c)
where there in no yield sign, stop at the point nearest the intersecting road where that person has a view of approaching traffic on the intersecting road.
(5)
Except when directed ‘to proceed by a police officer, an authorised person or traffic-control signal, a person driving a motor vehicle, or bicycle or operating a non-motorised vehicle, approaching a stop intersection indicated by a stop sign shall,
(a)
stop the motor vehicle before the motor vehicle or bicycle enters the pedestrian crossing on the near side of the intersection;
(b)
where there is no pedestrian crossing, stop the motor vehicle or bicycle at a clearly marked stop line; or
(c)
where there is no stop sign, stop the motor vehicle or bicycle at the point nearest the intersecting road where that person has a view of approaching traffic on the intersecting road before entering the intersection.
(6)
Except when directed to proceed by a police officer, authorised person or traffic-control signal, a person driving a motor vehicle, riding a motorcycle or bicycle or operating a non-motorised vehicle, approaching a stop intersection indicated by a stop sign shall
(a)
stop the motor vehicle, or bicycle as required under subregulation (5), and
(b)
yield or give way to a motor vehicle
(i)
which has entered the intersection from another highway, or
(ii)
which is approaching so closely on the road as to constitute an immediate hazard during the time when that person is moving across or within the intersection.
(7)
A person who contravenes this regulation, commits an of- fence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
175. Obedience to signal indicating approach of train
(1)
A person driving a motor vehicle who approaches a railway line at grade crossing, shall
(a)
stop the motor vehicle within fifteen metres but not less than five metres from the nearest rail of the railway line, and
(b)
not proceed until that person can do so safely.
(a)
a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train or rail car;
(b)
a crossing gate is lowered or a flagman gives or continues to give a signal of the approach or passage of a train or rail car; or
(c)
an approaching train or rail car is plainly visible and is in hazardous proximity to the crossing.
(3)
A person shall not walk or drive a motor vehicle or ride a motorcycle or ride a bicycle through, around or under a crossing gate or a barrier at a railway crossing while the gate or barrier is closed or is being opened or closed.
(4)
A person who contravenes subregulation (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than five penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
176. Passing a stopped vehicle at pedestrian crossing
(1)
When a motor vehicle, motorcycle or bicycle is stopped at a marked pedestrian crossing or at an unmarked pedestrian crossing at an intersection to permit a pedestrian to cross the road, a person driving another motor vehicle or riding another motorcycle or bicycle that approaches from the rear or front shall not overtake the stopped motor vehicle.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
177. Passing of school buses
(1)
A person driving a motor vehicle or riding a motorcycle or bicycle on a road shall stop the motor vehicle or motorcycle or bicycle,
(a)
before reaching a school bus
(b)
on meeting, passing or overtaking from either direction a school bus which has stopped for the purpose of receiving or discharging a school child, or
(b)
where the driver of the school bus has in the manner prescribed by law given the signal to stop.
(2)
The person who is driving the motor vehicle or riding the motorcycle or bicycle on the road shall not proceed until the school bus resumes motion or until signalled by the person driving the school bus to proceed.
178. Obedience to traffic control officers and devices
(1)
A person driving a motor vehicle or riding a motorcycle or bicycle shall obey the instructions of an official traffic-control device which is placed in accordance with these Regulations.
(2)
Subregulation (1) does not apply
(a)
when the traffic is directed by a police officer or an authorised person; or
(b)
to a person driving an authorised emergency vehicle.
(3)
A person who contravenes subregu1ation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
179. Restricted use of bus stop and taxi stand
(1)
A person shall not stop or park a motor vehicle other than a bus in a bus stop, or other than a taxicab in a taxi stand when the stop or stand has been officially designated and appropriately signed.
(2)
A person driving a passenger carrying vehicle may temporarily stop for the purpose of engaging in loading or unloading passengers when the stopping of the passenger carrying vehicle does not interfere with a bus or a taxi waiting to enter or about to enter the zone.
(3)
A person who contravenes subregulation (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
180. Parking in places reserved for persons with disability
(1)
A person who parks a motor vehicle in a space, designated or reserved by a sign, for persons with disability, whether on public or private property open to public use commits an offence.
(2)
Subregulation (1) does not apply where
(a)
the motor vehicle parked bears a licence plate or placard for persons with disability.
(b)
there is a physically challenged person in the motor vehicle; or
(c)
the motor vehicle is being used to transport a person with disability.
(3)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both the fine and the imprisonment.
181. Driving in a procession
(1)
A person driving a motor vehicle in a funeral procession or other procession shall
(a)
drive as near to the right-hand edge of the road as practicable; and
(b)
follow the motor vehicle ahead as close as is practicable and safe.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
182. Driving through a procession
(1)
A person who drives a motor vehicle shall not drive between the motor vehicles of a funeral or other authorised procession while the motor vehicles are in motion and are conspicuously designated as required.
(2)
Subregulation (1) does not apply at an intersection where traffic is controlled by a traffic-control signal, a police officer or an authorised person.
(3)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
183. Stopping and parking of buses and taxis regulated
(1)
A person driving a bus or a taxi shall not stop or park the bus or taxi on a road at a place other than a designated bus stop or taxi stand.
(2)
A person driving a bus or taxi shall not for the purpose of loading or unloading a passenger or the passenger’s baggage stop the bus or taxi on a road or at a place other than at a designated bus stop,taxi stand or terminal.
(3)
Subregu1ation (2) does not apply in the case of an emergency.
(4)
A person who contravenes subregulation (1) or (2) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
184. Provision of facilities for persons with disability on public transport
(1)
A person charged with the provision of transport infrastructure and services shall ensure that provision is made to facilitate the move- ment of persons with disability.
(2)
A person under subregulation (1) shall ensure that within two years after the commencement of these Regulations provision for persons with tiisability on public transport is complied with.
(3)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
185. Causing danger to a road user
(1)
A person shall not without lawful authority or reasonable excuse cause a thing to be on or over a road or pedestrian walkway to interfere with the safe and free movement of a motor vehicle, trailer, motor cycle or likely to cause injury to pedestrians, road users and damage to property.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
186. Provision of rest stops and lay-bys
(1)
The Road Authority and authorised agencies shall provide adequate rest stops lay-bys, walkway and safe pedestrian crossing on a highway and a town road.
(2)
The provision of rest stop, lay-bys, walkways and safe pedestrian crossing on the road shall be done in consultation with the relevant stakeholders including the Police.
(2)
Subregulation (1) does not apply where
(a)
the motor vehicle parked bears a licence plate or placard for persons with disability.
(b)
there is a physically challenged person in the motor vehicle; or
(c)
the motor vehicle is being used to transport a person with disability.
(3)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both the fine and the imprisonment.
181. Driving in a procession
(1)
A person driving a motor vehicle in a funeral procession or other procession shall
(a)
drive as near to the right-hand edge of the road as practicable; and
(b)
follow the motor vehicle ahead as close as is practicable and safe.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
182. Driving through a procession
(1)
A person who drives a motor vehicle shall not drive between the motor vehicles of a funeral or other authorised procession while the motor vehicles are in motion and are conspicuously designated as required.
(2)
Subregulation (1) does not apply at an intersection where traffic is controlled by a traffic-control signal, a police officer or an authorised person.
(3)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
183. Stopping and parking of buses and taxis regulated
(1)
A person driving a bus or a taxi shall not stop or park the bus or taxi on a road at a place other than a designated bus stop or taxi stand.
(4)
A person driving a motor vehicle shall not park the motor vehicle abreast another motor vehicle on a road.
(5)
A person driving a motor vehicle or a trailer shall not park the motor vehicle or trailer in a parking area designated for a specified category of motor vehicles or trailers.
(6)
A person riding a bicycle or moped may park the bicycle or moped on a walkway, at the side of the road or a designated area.
(7)
A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
188. Outdoor advertising sign
(1)
An outdoor advertising sign placed on a road or related facility shall be placed in a manner that does not interfere or obscure a traffic sign, device or signal to render the useof the road or facility unsafe to a motorist or pedestrian.
(2)
The placement of outdoor advertising signs shall be in consultation with the Road Authority and the relevant body and in conformity with standards and regulations prescribed by the Ghana Standards Authority.
(3)
A person who contravenes subregulation (1) or (2) of this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty-five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.
189. Use of television monitor on the dash board of a motor vehicle
(1)
A person shall not use or operate a television monitor or a similar device on the dash board of a motor vehicle while the motor vehicle is in motion.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
190. Counterpart Driving Licence
(1)
The Licensing Authority shall at the time of issuing or renewing a driver’s licence, issue to an applicant a counterpart driver’s· licence.
(2)
A police officer or authorising officer of the Licencing Authority shall record court notices and sport fines in the counterpart driver’s· licence.
191. Highway Code
(1)
The Minister may issue a Highway Code for the guidance of a person using a road.
(2)
A person who fails to observe a provision of the Highway Code is not liable to criminal. proceedings.
(3)
Despite subregulation (2), in a proceeding, whether criminal or civil, including a proceeding for an offence under these Regulations, failure to observe aprovision in the Highway Code may be relied on by a party to the proceeding as tending to establish or to negate a liability which is in question at the proceeding.
192. Transportation of perishable goods and livestock
A person engaged in the transportation of perishable goods and livestock shall ensure that the conditions under which the transportation is done meet international best practices prescribed by the Ministry of Transportation in consultation with the Ministry of Agriculture and other relevant agencies
193. Penalties
(1)
A person who contravenes or fails to comply with a condition attached to a licence or permit issued under these Regulations is deemed to have contravened or failed to comply with these Regulations.
(2)
A person who commits an offence under these Regulations for which a penalty has not been prescribed is liable on summary conviction to
(a)
a fine of not less than ten penalty units and not more than one hundred penalty units or to a term of imprisonment of not more than six months or to both the fine and the imprisonment; and
(b)
for a second or subsequent offence to a further fine of not less than twenty-five penalty units and not more than one hundred and fifty penalty units or to a term of imprisonment of not more than twelve months or to both: on summary conviction be sentenced to a period of training at a certified driving school at that person’s own expense and a certificate of attendance shall be issued as evidence for the restoration of the withdrawn licence of the person.
194. Revocation and savings
The following Regulations are hereby revoked:
(a)
Road Traffic (Roadworthiness) Regulations, 1972 (L.I. 780);
(b)
Road Traffic Regulations, 1974 (L.I. 953);
(c)
Road Traffic Offences Regulations, 1974 (L.I. 952); and
(d)
Road Traffic (use of Liquefied Petroleum Gas) Regulations, 1994 (L.I.1592).
(2)
Despite subregulation (1), any notice, order, rule or act duly done under these Regulations and in force immediately before the commencement of these Regulations shall continue in force until expiry or until expressly altered, revoked or cancelled.
195. Interpretation
In these Regulations, unless the context otherwise requires-
“abnormal load” means or relates to a load, which by its nature unavoidably exceeds the
(a)
legal load;
(b)
dimensional limits under these Regulations and requires a special permit to travel; or
(c)
legal load and dimensional limits
“accident” means
(a)
a collision between a motor vehicle and another motor vehicle, railroad train, a non motorized vehicle, person, an animal or stationary object;
(b)
the overturn or upset of a motor vehicle which results in property damage, personal injury or death;
(c)
a fall of a person from a moving motor vehicle which results in personal injury or death to the person;
“agricultural tractor” includes
(a)
a vehicle used exclusively for hauling agricultural implements or load within a farm area; or
(b)
a wheeled or tracked vehicle and any implements or “commercial vehicle permit” means a permit granted by the Minister or the authorised agent of the Minister authorising a motor vehicle to render specified transport services;
“commercial vehicle driver” means a person licensed to drive commercial vehicles.
“Counterpart driving licence” means a booklet issued by the Licensing Authority for recording road traffic violations:
“dealer” includes a person who
(a)
stocks motor vehicles and accessories for sale,
(b)
carries on business as a tester of motor vehicles and their accessories; or
(c)
exposes for sale a motor vehicle and accessories.
“freight container” means a container having volume of twenty or forty-foot equivalent units designed and constructed to permit being lifted with its contents intact and intended primarily for containing packages during transportation;
“Geneva Convention, 1931” means the Convention on the Taxation of Foreign Motor Vehicles concluded at Geneva on the 30th of March, 1931;
“gross vehicle weight” means the weight of a motor vehicle together with its trailer, if any and the weight of any load placed on the trailer;
“hazardous good” means a substance or material which is capable of posing risk to health, safety and property when transported in commercial quantities;
“heavy duty towing truck” means a vehicle designed to lift and tow any kind of vehicle with gross weight exceeding five thousand five hundred kilogrammes;
“heavy motor vehicle” means a motor vehicle with a gross weight equivalent to eight tonnes or more;
“Highway Code” means the Highway Code issued by the Minister under section 36 of the Road Traffic Act, 2004 (Act 683);
“illuminating surface” means the visible surface of a reflex reflector from which light is reflected;
“light duty towing truck” means a vehicle designed to lift and tow other vehicles with a maximum weight of five thousand five hundred kilogrammes;
“L-plate” means a rectangular white plate bearing a red letter
“L” displayed on a motor vehicle driven by a person who has not yet passed the required driving test;
“local authority” means a Metropolitan, Municipal or Dis- trict Assembly established under the Local Government Act 1993, (Act 462);
“logbook” means a book containing a record of a journey made by a motor vehicle;
“long distance” means a distance beyond one hundred kilometres;
“multi-axle combination” means a group of axles consisting of more than three axles suspended together with a spacing between the axles from 1.2metres to 2.5metres;
“nationality sign” means a sign complying with the provisions of Annex (3) to the Vienna Convention of 1968 and bearing the distinctive letters specified in or under the Vienna Convention of 1968 for the country under the law of which the motor vehicle is registered;
“overall width” means the width measured between parallel planes passing through the extreme projecting points of a vehicle exclusive of a driving mirror;
“overhang” means the lengths of a motor vehicle at the front, rear, and sides which extends beyond the wheel base;
“overload” means the
(a)
axle load,
(b)
a load from group of axles, and
(c)
load from other multi-axle combinations or gross vehicle weight on a vehicle which exceeds the prescribed legal limits for any particular part of a road;
“owner” includes an authorized agent;
“P-plate” means a rectangular plate bearing a white letter “P” on a green background displayed on a motor vehicle driven by a newly licensed person who is under probation;
“parking” refers to when the person driving the vehicle brings the vehicle to a complete stop, switches off the engine, removes the key from ignition, locks the motor vehicle and leaves the motor vehicle; –
“passenger carrying vehicle” means a vehicle, used or intended to be used for carrying seven or more passengers for hire or reward;
“pedestrian crossing” means a place marked on a road where pedestrians can cross the road safely or a portion of a road designated as a pedestrian crossing point by appropriate road traffic signs;
“protective clothing” means appropriate reflective jackets, knee caps, elbow caps, gloves, helmets and riding boots;
“retro reflector” means a device used to indicate the presence of a vehicle by reflection of light emanating from a light source unconnected with that vehicle, the observer being placed near the source;
“Road Authority” means the Ghana Highway Authority established under the Ghana Highway Authority Act 1997, (Act 540) or an authorised agency responsible for the provision and management of road infrastructure;
“road transport operator” means an entity which owns or hires vehicles and drivers to provide road transport services to customers for hire and reward on contract.
“safety glass” means transparent glass or other transparent material constructed or treated in a manner that minimises the likehood of large fragments or splinters flying when the glass or transparent material is fractured,
“single axle” means one axle with at least two pneumatic tyres;
“stopping” means when a motor vehicle is brought to a halt, with the engine switched on or offbut with the driver seated in the motor vehicle and intending to move away immediately after bringing the motor vehicle to a halt;
“super single tyre” means a single mounted tyre specially designed for replacing the combination of dual mounted tyres on axles with air suspension;
“super load” means a load which is extraordinarily large and indivisible, and which has special route requirements, is carried by a special vehicle and requires a permit like giant indivisible cranes or large prefabricated structures;
“tachograph” means a device that produces a record of the use and readings of a tachometer, especially one in a commercial vehicle or bus recording speeds and distances travelled;
“tandem axle” means two axles suspended together with spacing between the axles ranging from 1.2metres to 2.5metres and interconnected in a manner that any load imposed upon them will automatically be distributed in proportions predetermined by the design of the suspension system, regardless of the road profile or road condition;
“taxi” means a motor vehicle designed or constructed to carry not more than five persons including the driver, used or intended to be used for hire or reward;
“tell-tale device” means a device that informs or signals to the person driving the motor vehicle about the operation of other working devices around the motor vehicle;
“tonnes” means metric tonnes or one thousand kilogrammes;
“tremcard” means the transport emergency card listing the hazards and emergency’ information for a material being transported for use by the person driving during an incident, or by the emergency services, if required;
“triple axle or tridem” means three axles suspended together with a spacing between the axles ranging from l.2metres to 2.05metres and interconnected in a manner that enables a load imposed upon them to be automatically distributed in proportions pre-determined by the design of the suspension system, regardless of the road profile or road condition;
“validation sticker” means sticker issued after the payment of the biennial registration fee;
“Vehicle” means a non-motorised vehicle and does not include a motor vehicle or a trailer as defined under the Act.
“Vienna Convention, 1968” means the Convention on Road Traffic concluded at Yienna on the 8th of November, 1968;
“visitor’s registration document” means
(a)
a document of a motor vehicle registered in a foreign country which is a party to the Vienna Convention, 1968;
(b)
a registration certificate issued under the law of a foreign country and containing the serial number or registration number, the name or the trade mark of the maker of the vehicle, the maker’s identification or serial number, the date of its registration and the full name and permanent place of residence of the applicant for the said certificate; or
(c)
an international vehicle certificate specified in the form in the Vienna Convention of 1968 issued under the law of a foreign country which is a party to that Convention;
“waiting” means when a motor vehicle is brought to stop with the engine on or off with the driver sitting in the vehicle or standing around the motor vehicle; and
“width of tyre” means the maximum thickness of a tyre, from one side of the tyre to the other, measuring parallel
Other rules of the, road
(1)
A person who has control of a vehicle on a road shall
(a)
make use of the hand-signals prescribed for a person driving a motor vehicle in regulation 109;
(b)
between sunset and sunrise show a white light to the front and a red light or red glass or retro-reflective material to the rear sufficient to warn persons on the road;
(c)
keep to the right of the road, except when overtaking traffic proceeding in the same direction;
(d)
when overtaking traffic proceeding in the same direction pass the traffic only on the left;
(e)
when necessary give audible and sufficient warning of approach by sounding a bell, horn or other appliance which the vehicle is required to be fitted with;
(f)
make use of designated lanes, carriage ways or other facilities where these facilities are provided;
(g)
comply with the signs illustrated in the Fourth Schedule and traffic signs placed on or near a road by order of the local authority or other authority responsible for the maintenance of the road for the guidance of a person driving a vehicle; and
(h)
wear reflective clothing in the night to enhance visibility when attending to the vehicle.
(2)
A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than ten penalty units and not more than twenty-five penalty units or to a term of imprisonment of not more than thirty days or to both.
FIRST SCHEDULE: LICENSING
FORMS
1. Form A-regulation 2(1) and 17(1)(a)- Form of application to register a motor vehicle
2. Form A 1 – regulation 2(1) – Form of application to register a motor vehicle with personalized identification number
3. Form B – regulation 2( 1) Form of application to register a trailer
4. Form C – regulation 4(7) – Form of vehicle registration particulars
5. Form D – regulation 7(5) – Form of road worthy certificate
6. Form E – regulation 17(1)(a) – Form of application to change ownership of a vehicle
7. Form F – regulation 23(4) – Form of a trade licence
8. Form G – regulation 24(1) – Form of a trade licence log book
9. Form H – regulation 2~(2) – Driver’s Licence
10. Form I – regulation 26(6) – Form of particulars on Learner Driver’s Licence
11. Form J- regulation 26( 18) – Form of application for physical assessment of an applicant for a Driver’s Licence
12. Form K- regulation 27( 1) – Form of application for Driver’s Licence
13. Form L – regulation 28(5) – Form of Certificate of Competence
14. Form M -regulation 29(6) – Form of application for eye test for Driver’s Licence and renewal of Driver’s Licence
15. Form N- regulation 31(2) – Form of upgrade of class of driving licence
16. Form 0- regulation 32(1) – Form of Driver’s Licence (front)
17. Form 01 – regulation 32(1) – Form of Driver’s Licence (back)
18. Form P – regulation 33(4) – Form of renewal of Driver’s Licence
19. Form Q – regulation 44(2) – Form of application for replacement of Driver’s Licence
20. Form R – Regulation 55(3) – Form of LPG vehicle permit application
21. Form R1 – Regulation 55(5) – Form of LPG Compliance Certificate
22. Form R 2- Regulation 58(4) – Form of application for auto LPG convertor
23. Form R 3 – Regulation 58(7) – Form of Licence to operate the business of auto LPG installations.
24. Form S – Regulation 122(3) – Form of application for commercial vehicle permit
25. Form SI – Regulation 122(5) – Form of commercial vehicle permit
26. Form TI – regulation 123 (1) – Form of Commercial Driver’s Permit
27. Form T – regulation 123(2) – Form of application for Commercial Driving Permit
28. Form U – regulation 142 (1)(b) – Form of application for international certificate for motor vehicle
29. Form Ul – regulation 142 (l)(c) – Form of International Motor Vehicle Permit
30. Form V- regulation 143 (2) – Form of application for International Driving Permit
31. Form VI – regulation 143 (2) – Form of International Driving Permit
SECOND SCHEDULE
VEHICLE REGISTRATION NUMBER PLATE (REGULATION 10)
THIRD SCHEDULE
ROAD SIGNS AND ROAD MARKINGS
FOURTH SCHEDULE
ROAD USER CHARGES
FIFTH SCHEDULE
LICENSING FEES
SIXTH SCHEDULE
CHANGE OF NAME OR ADDRESS (REGULATION 45(2))
SEVENTH SCHEDULE
SPOT FINES
EIGHTH SCHEDULE
AXLE LOAD CONFIGURATION AND OVERLOADING FEES
