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Vanuatu Consolidated Legislation - 1988 |
Commencement: 4 June 1962
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 29
ROAD TRAFFIC (CONTROL)
JR 4 of 1962
JR 19 of 1962
JR 1 of 1963
JR 2 of 1963
JR 11 of 1963
JR 29 of 1964
JR 11 of 1965
JR 16 of 1965
JR 35 of 1966
JR 10 of 1967
JR 16 of 1968
JR 12 of 1969
JR 19 of 1970
JR 19 of 1971
JR 2 of 1972
JR 18 of 1972
JR 26 of 1974
Act 22 of 1985
Act 28 of 1985
Act 27 of 1986
ARRANGEMENT OF SECTIONS
SECTION
PART I
General
1. Application
2. Interpretation
PART II
General Provisions for Traffic Control Applicable to all Road Users
3. Vehicle to have a driver
4. Vehicle to be driven on right hand side of road
8. Driver to take precautions to ensure safety of public in event of accident
9. Vehicle not to cause nuisance
10. Obstructing road users prohibited
17. Driver to stop and to report to police in case of accident
18. Inspection of vehicle suspected of involvement in accident
19. Obligation to stop when requested to do so by police officer
20. Minister may restrict, prohibit or control traffic on public roads
PART III
General Provisions for Vehicles
PART IV
Registration and Licensing
34. Annual tax
35. Payment of annual tax
36. Reduced tax
37. Refund of tax
38. Display of sticker
PART V
Third Party Insurance
41. Compulsory third party insurance
PART VI
Driving Licences
42. Driver of motor vehicle to have driving licence
44. Driving licences
45. Minimum age for driving motor vehicle or motor cycle
49. Certificate of ability to drive
50. Entitlement to certificate of ability to drive
PART VII
Offences and Penalties
51. False declaration
53. Offences and penalties
54. Disqualification
PART VIII
Miscellaneous
56. Refund of fees
57. Radar speed meters
SCHEDULE 1-Registration of a motor vehicle
SCHEDULE 2-Registration book for motor vehicles
SCHEDULE 3-Licence to drive
SCHEDULE 4-Application for driving licence
SCHEDULE 5-Certificate of ability to drive
SCHEDULE 6-Hand signals
SCHEDULE 7-Traffic signs
SCHEDULE 8-Certificate of roadworthiness
SCHEDULE 9-Notice to submit vehicle for examination
SCHEDULE 10-Annual motor vehicle tax
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ROAD TRAFFIC (CONTROL)
To control wheeled traffic in Vanuatu.
PART I
GENERAL
APPLICATION
1. All wheeled traffic shall be subject to the provisions of this Act.
INTERPRETATION
2. In this Act, unless the context otherwise requires-
"common vehicle" means every vehicle transporting eight persons or more not including the driver, children of less than 10 years being considered half a person up to a maximum of ten children;
"heavy vehicle" includes every vehicle the weight of which unladen is 2 ½ tons or more;
"licensing authority" means the Collector of Rates and Taxes in Port Vila and every person authorised by the Minister in writing to receive such taxes;
"Minister" means the Minister responsible for transport;
"motor bicycle" includes every 2 wheeled vehicle being driven by automotive power,
combustion engine or electrical power but excluding manual power;
"motor vehicle" includes every vehicle driven by automotive power, combustion engine or electrical power;
"public road" includes every road or right of way to which the public may have at any time unrestricted right of access;
"vehicle" includes every type of wheeled transport including tractors.
PART II
GENERAL PROVISIONS FOR TRAFFIC CONTROL
APPLICABLE TO ALL ROAD USERS
A. Control of Vehicles
VEHICLE TO HAVE DRIVER
3. Every vehicle, except trailers, must have a driver.
VEHICLE TO BE DRIVEN ON RIGHT HAND SIDE OF ROAD
Provided that the driver of a vehicle on a road which has been designated a "major" road by order of the Minister shall have the right of way, and the driver of a vehicle on a road on which a "STOP" sign has been placed, shall stop and shall yield the right of way.
(2) When a public road is divided by a continuous white line every driver must drive to the right of this line.
DRIVER MUST INDICATE INTENTION BEFORE MANOEUVRING
DRIVER NOT TO INTERSECT POLICE OR MILITARY RANKS
6. No driver shall intersect the ranks of military or police detachments or processions.
DRIVER NOT TO OBSTRUCT CIRCULATION OF TRAFFIC
7. No driver shall leave his vehicle in such a way as to obstruct the circulation of traffic.
DRIVER TO TAKE PRECAUTIONS TO ENSURE SAFETY OF PUBLIC IN EVENT OF ACCIDENT
VEHICLE NOT TO CAUSE NUISANCE
OBSTRUCTING ROAD USERS PROHIBITED
VEHICLE NOT TO CONSTITUTE OR CAUSE DANGER
CAUSING DEATH BY RECKLESS DRIVING
RECKLESS DRIVING
CARELESS DRIVING
SPEED LIMITS
"weight" includes the weight of any loads of any kind whatsoever, including persons, which are carried on a motor-vehicle;
"the town limits of Port Vila and Luganville" means the town limits of Port Vila and Luganville as from time to time defined by legislation;
"road" means any road normally used or able to be used as a road by members of the public, whether or not the same has been legally established as a public road.
(3) Any person who shall contravene the provisions of subsection (1) shall be liable on conviction for a first offence to a fine not exceeding VT20,000 and for a second or subsequent offence to a fine not exceeding VT40,000 or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment.
DRIVING WHEN UNDER INFLUENCE OF DRINK OR DRUGS
B. Traffic Accidents: Powers of Police
DRIVER TO STOP AND TO REPORT TO POLICE IN CASE OF ACCIDENT
Provided that on islands other than Efate, Espiritu Santo, Malekula and Tanna, the periods allowed in the second and third sentences above shall be increased to 15 days in each instance.
INSPECTION OF VEHICLE SUSPECTED OF INVOLVEMENT IN ACCIDENT
OBLIGATION TO STOP WHEN REQUESTED TO DO SO BY POLICE OFFICER
MINISTER MAY RESTRICT, PROHIBIT OR CONTROL TRAFFIC ON PUBLIC ROADS
20. (1) If the Minister is satisfied that the passage of vehicle traffic on any public road
should, by reasons of -
(a) the repair or reconstruction of the road;
(b) the undue congestion of traffic;
(c) danger to the public or any members thereof; or
(d) any other reasons of a like nature;
be restricted or prohibited, or controlled by one-way movement, or that the speed of vehicles should be restricted or that the passage, stopping or parking of vehicles should be in any way regulated or controlled, he may by Order prohibit, restrict or regulate the use of any specified public road or part thereof accordingly and shall in such Order authorise and prescribe the erection where necessary on the public road affected of appropriate traffic signs in the form or forms set out in Schedule 7.
(2) Where any Order has been made under subsection (1), the Director of Public Works shall forthwith erect or cause to be erected such traffic signs as are pre- scribed by such Orders wherever necessary on the public road affected at clearly visible sites selected by him in order to give effect to the object of the Order.
(3) Any person who shall use or cause to permit to be used any vehicle on a public road in contravention of any restriction, prohibition or other form of control imposed by any Order made under this section shall be guilty of an offence punishable on conviction thereof by a fine not exceeding VT20,000 and on a second or subsequent offence under this section, to a fine not exceeding VT60,000 or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment.
(4) It is an offence to be directly or indirectly responsible for the erection of a sign capable of being confused with one of the official traffic signs prescribed in Schedule 7.
PART III
GENERAL PROVISION FOR VEHICLES
DIMENSIONS OF VEHICLES
TYRES
RESTRICTION ON USE OF WHEEL CHAINS ON VEHICLES
DIMENSIONS OF PERMITTED LOADS
LOADS NOT TO CAUSE DANGER TO PUBLIC
NUMBER PLATES
VEHICLE TO BE ILLUMINATED BETWEEN SUNSET AND SUNRISE
BICYCLE TO BE ILLUMINATED BETWEEN SUNSET AND SUNRISE
STATIONARY MOTOR VEHICLES TO SHOW LIGHTS
VEHICLE TO BE FITTED WITH WARNING DEVICES
VEHICLE TO BE FITTED WITH 2 INDEPENDENT BRAKES
CERTIFICATE OF ROADWORTHINESS
32. (1) For the purposes of this section -
"licensed" means a person being a garage proprietor in possession of a valid licence issued under the provisions of the Business Licences Act, Cap. 173;
"public vehicle" means a vehicle being used for the purpose of carrying passengers for hire or reward;
"roadworthy condition" means a condition in which the vehicle or any part there- of does not constitute a danger or could not cause danger.
(2) Every owner of a motor vehicle shall not less than once in every period of 12 months present the vehicle to a licensed garage proprietor for examination for the purpose of the said garage proprietor ascertaining that it is in a roadworthy condition and, if the said garage proprietor is satisfied that any motor vehicle presented to him for examination under the provisions of this subsection is in a roadworthy condition he shall give to the owner thereof a certificate to that effect in the form prescribed in Schedule 8:
Provided that in the case of a heavy vehicle or public vehicle the said examination shall be made by a person appointed by the Minister (hereinafter referred to as "an appointed person").
(3) If it appears to any police officer, that any motor vehicle is being driven in an unroadworthy condition he may require the driver thereof to submit it for examination within such period as he may specify in the form prescribed in Schedule 9 by an appointed person and any person who on being so required fails so to submit his said motor vehicle shall be guilty of an offence under this Act.
(4) Where any person is required under the provisions of subsection (3) to submit a motor vehicle for examination the appointed person may, notwithstanding that the person submitting the said vehicle is in possession of a valid certificate issued under the provisions of subsection (2) in respect of the said vehicle, if he is not satisfied that it is in a roadworthy condition cancel the said certificate.
(5) No person shall drive any motor vehicle in respect of which there is no valid certificate issued under the provisions of subsection (2) and if he does so drive he shall be guilty of an offence.
PART IV
REGISTRATIONS AND LICENSING
REGISTRATION OF MOTOR VEHICLE
(2) Every owner of a motor vehicle newly imported into Vanuatu shall apply for registration of such vehicle to the licensing authority within 1 month of the date of importation in the form prescribed by Schedule 1.
(3) The licensing authority shall, upon receipt of an application for registration of a motor vehicle, and on payment of the registration fee prescribed by the Minister by Order, cause such motor vehicle to be registered under serial number and shall is issue to the owner a registration book in the forms prescribed in Schedule 2.
ANNUAL TAX
PAYMENT OF ANNUAL TAX
Provided that, if the said tax is not paid by 31 March aforesaid, but is paid in April, it shall be increased by 25 per cent and, if paid in May, by 50 per cent.
(2) Any person who fails to pay the said tax and the amount by which it has been increased before 31 May of the year in which it becomes due shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT30,000.
REDUCED TAX
Provided that in this section any part of a month shall be deemed to constitute a complete month for the purpose of calculating the amount of the said tax.
REFUND OF TAX
37. (1) Where any vehicle in respect of which tax has been paid -
(a) becomes definitely unusable; or
(b) is not in operation but is placed in storage;
the owner thereof may apply to the Collector of Rates and Taxes in writing for a refund of tax in respect of the period calculated in complete months -
(i) in the case of the said vehicle becoming definitively unusable, from the date of commencement of such unusability to 31 December of the same year; or
(ii) in the case of the vehicle not being in operation but placed in storage, of the said storage in excess of 5 months between the date of such placement and 31 December of the same year:
Provided that no part of a month shall be deemed to constitute a complete month for the purpose of calculating the amount of the said refund.
(2) For the purposes of this section the word "storage" shall include the mounting of a vehicle on blocks.
DISPLAY OF STICKER
VEHICLE TEMPORARILY IMPORTED EXEMPT FROM REGISTRATION AND FROM TAX
NOTIFICATION OF CHANGE OF OWNERSHIP
PART V
THIRD PARTY INSURANCE
COMPULSORY THIRD PARTY INSURANCE
(2) The amount of liability insured shall be unlimited.
(3) No such policy of third party insurance shall be avoided or vitiated by reason of any term or condition thereof whatsoever and any such term or condition of any policy of third party insurance shall be deemed to be null and void.
(4) The provisions of this section shall not apply to motor vehicles owned by the Government of Vanuatu.
PART VI
DRIVING LICENCES
DRIVER OF MOTOR VEHICLE TO HAVE DRIVING LICENCE
Provided that a person passing through or residing in Vanuatu for a period not exceeding 3 months shall be deemed to comply with the provisions of this section if he is in possession of a current international driving licence, or a current driving licence issued by the licensing authority of a country other than Vanuatu.
DRIVER TO PRESENT DRIVING LICENCE AND VEHICLE DOCUMENTS AT REQUEST OF POLICE OFFICER
DRIVING LICENCES
(a) in the case of applications for a licence to drive a common vehicle, the applicant has attained the age of 21 years and produces a certificate of medical fitness issued not more than 6 months previously;
(b) in the case of applications for licences to drive cars or motor cycles exceeding 125 cubic centimetres capacity, the applicant has attained the age of 18 years;
(c) in the case of applications for licences to drive motor cycles between 50 cubic centimetres and 125 cubic centimetres the applicant has reached the age of 16 years;
(d) in the case of applications to drive motor bicycles of less than 50 cubic centimetres capacity, the applicant has reached the age of 14 years;
(e) in all cases applicants do not suffer from any disease or physical disability of such a nature to render their driving of a vehicle a source of danger to the public.
Dispensations of age not exceeding 1 year may be granted by the Minister.
MINIMUM AGE FOR DRIVING MOTOR VEHICLE OR MOTOR CYCLE
DURATION OF DRIVING LICENCES
LEARNER DRIVER'S LICENCE
(2) A learner driver's licence shall be -
(a) issued on the payment of such fee as may be prescribed under this section;
(b) in such form as may be prescribed under this section;
(c) of 1 year's duration;
(d) issued subject to a suitable medical certificate and evidence of the age of the applicant being produced;
(e) limited to the types of vehicle the holder may drive.
(3) A holder of a learner driver's licence shall not carry any passengers other than the person instructing him.
(4) All persons holding a learner driver's licence shall display at front and rear of the vehicle a plate containing the letter "L" in red on a white background which letter shall be not less than 12 centimetres high.
DRIVING INSTRUCTIONS
CERTIFICATE OF ABILITY TO DRIVE
ENTITLEMENT TO CERTIFICATE OF ABILITY TO DRIVE
Such application shall be made to any examiner.
PART VII
OFFENCES AND PENALTIES
FALSE DECLARATIONS
TAKING AND DRIVING AWAY VEHICLE WITHOUT CONSENT
OFFENCES AND PENALTIES
53. (1) Except as provided in sections 12, 13, 14, 15, 20(3), 35, 55 and subsections (2) and
(3) of this section, any person who contravenes a provision of this Act shall be guilty of an offence and shall be liable to a fine not exceeding VT10,000 or to imprisonment not exceeding 1 month, or to both such fine and imprisonment:
Provided that a police officer of the rank of inspector or above, upon consideration of the report sent to him or if he himself establishes the contravention, may issue an offender with a compounding notice giving such offender the option of paying a fine on the scale prescribed by the Chief Justice or appearing before the court for trial.
(2) Any person convicted by a competent court of offences against the provisions of section 11, 18, 20(4), 23, 25, 32(3), 32(5), 42 or 45 shall be liable to pay a fine not exceeding VT30,000 or to imprisonment not exceeding 3 months or to both such fine and imprisonment.
(3) Any person convicted by a competent court of offences against section 16, 41(1), 51 or 52 shall be liable to a fine not exceeding VT100,000 or imprisonment not exceeding I year, or to both such fine and imprisonment.
POWER OF POLICE OFFICER TO STOP OFFENDERS
(2) Any police officer may detain any vehicle concerned in an offence which seriously jeopardizes the safety of road users, the state of preservation of the public roads or their normal use.
DISQUALIFICATION
(2) Where a person is disqualified from driving under this section, the court shall endorse his driving licence accordingly.
(3) Any person who drives his motor vehicle whilst disqualified from so doing under this section shall be guilty of an offence, and shall be liable to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 1 year or to both.
PART VIII
MISCELLANEOUS
REFUND OF FEES
RADAR SPEED METERS
(2) For the purposes of subsection (1), the expression "an approved radar speed meter" means a radar speed meter of a type approved by the Minister.
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SCHEDULE 1
(Section 33)
REGISTRATION OF A MOTOR VEHICLE
(b) Unladen ..........................................................................................
Signature of Applicant: .................................. Date: ....................................
___________
SCHEDULE 2
(section 33(3))
REGISTRATION BOOK FOR MOTOR VEHICLE
(b) Laden ..........................................................................................
______________
SCHEDULE 3
(section 44)
LICENCE TO DRIVE
Licence Number ........................
Delivered ...................
Day of ....................................... 19 ..........
to drive ................................... vehicles in the following categories -
Common Vehicle:
Heavy Vehicle: Motor Vehicle:
Motor Cycles of more than 125 c.c. capacity:
Motor Cycles of less than 125 c.c. capacity: but more than 50 c.c. capacity:
Motor Cycles of less than 50 c.c. capacity:
Photograph:
Personal Particulars -
(i) Date of Birth ..............................................................................................
(ii) Height ......................................................................................................
(iii) Colour of Eyes ............................................................................................
(iv) Colour of Hair ............................................................................................
Endorsements:
_________________
SCHEDULE 4
(section 44)
APPLICATION FOR DRIVING LICENCE
7. Category of Permit required -
Motor Cycle of less than 50 c.c. capacity;
Motor Cycle of less than 125 c.c. capacity but more than 50 c.c.;
Motor Cycle of more than 125 c.c. capacity; Motor Vehicle;
Heavy Motor Vehicle;
Common Vehicle;
8. Particulars of other Driving Licences held by the Applicant .....................................
MEDICAL CERTIFICATE
I, the undersigned declare to the best of my knowledge that the applicant does not suffer from any illness or physical handicap which would be likely to cause public danger were he in charge of a motor vehicle.
Luganville: Port Vila:
____________________
SCHEDULE 5
CERTIFICATE OF ABILITY TO DRIVE
I, the undersigned, certify that M ....................................................... living at ................................................ has passed a driving test for the categories -
(a) Common Transport
(b) Heavy Motor Vehicle
(c) Motor Vehicle
(d) Motor Cycles of more than 125 c.c. capacity
(e) Motor Cycles of less than 125 c.c but more than 50 c.c. capacity
(f) Motor Cycles of less than 50 c.c. capacity
Followed by Schedules 6 and 7.
__________________
SCHEDULE 8
(section 32(2))
CERTIFICATE OF ROADWORTHINESS
I, ................................................................................. having examined motor vehicle/heavy vehicle/public vehicle Regd. No. .............................. hereby certify that it is apparently in a roadworthy condition.
Signed: ...............................................................
___________________
SCHEDULE 9
(section 32(3))
NOTICE TO SUBMIT VEHICLE FOR EXAMINATION
You ........................................................................................... are hereby required to submit motor vehicle Reg. No. ........................................................... for an examination by a person appointed for the purpose at ......................................................................... on ................................................................................................................................................................................................................................................
Signed: ..........................................................
________________________
SCHEDULE 10
(section 34)
NOTICE TO SUBMIT VEHICLE FOR EXAMINATION
Provided that the above rates of tax shall be reduced by 50 per cent -
(a) where the vehicle is normally used on an island other than Efate or Espiritu Santo; or
(b) where a taxi licence has been issued in respect of the vehicle;
and the reduction hereby provided is allowed under one only of the above paragraphs.
______________________________________________
[Subsidiary]
SUBSIDIARY LEGISLATION
ROAD TRAFFIC (LICENCE FEES) REGULATIONS
Order 6 of 1980
ARRANGEMENT OF REGULATIONS
REGULATION
-------------------------------------
SUBSIDIARY LEGISLATION
ROAD TRAFFIC (LICENCE FEES) REGULATIONS
Order 6 of 1980
To provide fees payable under the Road Traffic (Control) Act, [Cap. 29].
ROADWORTHINESS CERTIFICATE FEE
VT1,000
REGISTRATION FEES
(a) all motor vehicles including motor bicycles VT1,500
(b) issue of duplicate registration book VT 750
TRANSFER FEE
shall be - VT1,500
DRIVING LICENCE FEES
(a) driving licence VT2,000
(b) replacement licence VT2,500
(c) replacement licence on surrender of Condominium licence VT 750
DRIVING TEST FEE
_____________________
SUBSIDIARY LEGISLATION
ROAD TRAFFIC (COMPOUNDING OF OFFENCES) SCALE OF FINES SCHEDULE
Order 2 of 1986
Order 18 of 1988
To provide for a scale of fines for which certain traffic offences may be compounded.
Any offence under the Act other than those provided for in section 12, 13, 14, 15, 20, 35, 53(2), 53(3), or 55 may be compounded in accordance with the scale of fines set out in the Schedule hereto.
__________________________
SCHEDULE
Offence Nature of Contraventions Penalty Compounding
Section Section Fine VT
4(1) Driver failing to keep his vehicle to the right
hand side of the road in normal movement. 53 2,000
4(1) Driver failing to keep to the right when road
user is coming in the opposite direction or is
getting ready to overtake him. 53 2,000
4(1) Overtaking on the right. 53 2,000
4(1) Failing to yield priority. 53 2,000
4(2) Crossing a continuous white line. 53 1,000
required. 53 1,000
6 Driver intersecting the ranks of a Police
detachment or procession. 53 5,000
7 Leaving a vehicle in such a manner as to obstruct
the movement of traffic or access to buildings. 53 2,000
8 Failing to take precautions to call attention to a
vehicle which has broken down on a public road. 53 2,000
9 Permit a vehicle to emit obnoxious fumes or
excessive noise. 53 5,000
10 Pedestrian cause obstruction to traffic on public
road. 53 1,000
10 Driver or passenger by rash or negligent conduct
obstructing other road users. 53 1,000
11 Driving a vehicle on a public road which
constitutes danger or could cause danger. 53 5,000
17 Failing to stop after an accident involving
personal injury or damage to property. 53 5,000
17 Failing to report accident involving injury, to
Police within 24 hours. 53 5,000
17 Failing to report accident involving damage to
the Police within 5 days. 53 5,000
18 Failing to report accident involving injury and/or
damage to Police within 15 days. (All islands
except Efate, Espiritu Santo, Malekula and
Tanna). 53 1,000
19 Failing to comply with an order of a Police Office. 53 2,000
21 Failing to comply with limits as to dimensions
and weights. 53 2,000
22 Driving a vehicle whose wheels are not fitted
with elastic tyres. 53 2,000
23 Driving a vehicle fitted with wheel chains on a
public road except when necessary. 53 2,000
24 Carrying loads whose dimensions exceed
authorised limits. 53 5,000
24 Vehicles with seats which project beyond the
plane of the vehicle. 53 5,000
25 Driving a vehicle loaded to the danger of the
public. 53 6,000
26 Absence of number plates on a vehicle driven
on a public road. 53 1,000
26 Driving a vehicle carrying unauthorised number
plates. 53 1,000
26 Number plate not clearly visible. 53 500
26 Number plate (rear) not illuminated. 53 1,000
27 Total absence of front lighting on vehicle used
at night. 53 6,000
27 Partial absence of front lighting on vehicle in
use at night. 53 2,000
27 Absence of rear off-side red light on vehicle in
use at night. 53 5,000
27. Absence of front light on motor cycle in use at
night. 53 5,000
27 Absence of rear red light on motor cycle in use
at night. 53 5,000
28 Absence of front light on cycle in use at night. 53 2,000
28 Absence of rear red reflector on cycle in use
at night. 53 2,000
29 Absence of parking lights on a motor vehicle,
stationary on a public road at night. 53 2,000
30 Absence of audible warning device in working
order on a vehicle. 53 1,000
30 Use of unauthorised audible warning device on
a vehicle. 53 1,000
30 Abuse of audible warning device on vehicle. 53 1,000
31 Ineffective brakes on a vehicle using public road. 53 5,000
33 Failing to apply for registration of vehicle within
the time limit. 53 1,000
38. Failing to display the road tax sticker on a
Vehicle. 53 1,000
40 Failing to notify change of ownership of vehicle. 53 2,000
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