ROAD TRAFFIC ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE ROAD TRANSPORT AND SAFETY AGENCY

   3.   Establishment of Agency

   4.   Functions and powers of Agency

   5.   Composition of Agency

   6.   Director, Secretary and other staff

PART III
REGISTRATION OF MOTOR VEHICLES AND TRAILERS

   7.   Motor vehicle and trailer registers

   8.   Re-registration

   9.   Registers etc. to be accepted as evidence

   10.   Motor vehicle to be cleared by Customs and Interpol

   11.   Registration of motor vehicles and trailers

   12.   Sale or transfer of motor vehicle

   13.   Change of ownership

   14.   Position of registered owner who is not absolute owner

   15.   Furnishing evidence of weights and dimensions of motor vehicle or trailer

   16.   Temporary registration card

   17.   Details required for temporary registration

   18.   Particulars to be endorsed on application forms

   19.   Motor vehicle or trailer deemed to be registered, etc.

   20.   Special examination of motor vehicles and trailers

   21.   Test of satisfactory conditions of motor vehicles and trailers

   22.   Certificate of examination to be admissible in evidence

   23.   Obligatory test certificate

   24.   Provisions not applicable to vehicle to which Part IX applies

   25.   Destruction or permanent removal of motor vehicle or trailer from Zambia

   26.   Exemptions from registration

   27.   Registration marks

   28.   Prohibition of manufacture of number plates without serial number

   29.   Offences in connection with registration marks

PART IV
VEHICLE LICENSING

   30.   Vehicles to be licensed

   31.   Form of licence

   32.   Duration of licence

   33.   Owner to receive licence or token

   34.   Transfer of licence of vehicle other than motor vehicle or trailer

   35.   Application for licence

   36.   Issue of licences

   37.   Conditions to be satisfied before the issue of motor vehicle licence

   38.   Alterations in conditions on which licence is issued

   39.   Duration of licence

   40.   Suspension or refusal of licence

   41.   Duplicate motor vehicle and trailer licence

   42.   Taxes

   43.   Licence to be carried on motor vehicle or trailer

   44.   Penalty for affixing false licence or token

   45.   Motor dealer’s vehicle licence

   46.   Use of motor dealer’s vehicle licence

   47.   Motor dealer’s identification plates

   48.   Duration of motor dealer’s vehicle licence

   49.   Fees for each identification number of motor dealer’s vehicle licence

   50.   Cancellation of motor dealer’s vehicle licence

   51.   Motor dealer’s vehicle licence not to be misused

   52.   Farm vehicle licence

   53.   Contract cars

   54.   Duty to remit fees

   55.   Provisions of Part IV not to apply to certain vehicles

PART V
LICENSING OF DRIVERS OF MOTOR VEHICLES AND DRIVING SCHOOLS

   56.   Driver of motor vehicle to be licensed

   57.   Tests of competence to drive

   58.   Review of conduct of tests

   59.   Application for issue of driving licence

   60.   Driving tests

   61.   Provisional driving licences

   62.   Physical fitness

   63.   Classes of motor vehicle

   64.   Age of driver

   65.   Driving test fees

   66.   Form and duration of licences

   67.   Fees for licences

   68.   Revocation, etc., of driving licences

   69.   Appeals

   70.   Control of driving schools and of the teaching for gain

   71.   Instructor’s licences and driving school licences

   72.   Appeals concerning driving school licences or instructor’s licences

   73.   Instructor’s licences and driving school licences not transferable

   74.   Inspection of premises, etc.

PART VI
ENDORSEMENT, SUSPENSION AND CANCELLATION OF DRIVING LICENCES

   75.   Powers of court

   76.   Right of appeal

   77.   Production of driving licence for endorsement

   78.   Suspended licence to be no effect

   79.   Application for removal of disqualification

   80.   Removal of disqualification no longer provided for

   81.   Fraudulent application for driving licence

   82.   Particulars of endorsement to be copied on new licence

   83.   Applying for licence without disclosing endorsement

   84.   Issue of new licence free from endorsement

   85.   Removal of endorsement

PART VII
COMPULSORY THIRD PARTY INSURANCE

   86.   Users of motor vehicles to be insured against third party risks

   87.   Saving in respect of liability

   88.   Requirements in respect of policies of insurance

   89.   Requirements in respect of securities

   90.   Right of injured party to proceed against insurer

   91.   Certain conditions in policy to be of no effect

   92.   Avoidance of contracts of conveyance so far as restrictive of liability in respect of death or injury to passengers in public service vehicles

   93.   Hospital expenses

   94.   Documentary proof of existence of insurance policy

   95.   Production of certificate of insurance

   96.   Customs Officer may refuse to permit entry of uninsured vehicle

   97.   Making false statements

   98.   Certificate of insurance or security to be produced before issue of licence

   99.   Duty of insurer when policy is cancelled, etc.

PART VIII
LICENSING OF PUBLIC SERVICE VEHICLES

   100.   Public sittings

   101.   Use of vehicles as public service vehicles for carrying of goods

   102.   Use of vehicles as public service vehicles for carrying of passengers

   103.   Use of station wagon as taxicab, or public service vehicle

   104.   Terms etc. of road service licences to be observed

   105.   Person required to hold road service licence

   106.   Notice to be given to Director of alteration of vehicles

   107.   Temporary substitution of authorised vehicles in emergency

   108.   Road service licences

   109.   Short-term licences

   110.   Extension of validity of licences

   111.   Road Service Appeal Tribunal

   112.   Appeal to Tribunal

   113.   Protection of Chairperson of Tribunal and Director

   114.   Obligation to keep records and returns

   115.   Number of passengers, weights of public service vehicles

   116.   Touting

   117.   Driver of public service vehicle to wear uniform

   118.   Prohibition of supply and consumption of liquor or narcotic drugs by driver of public service vehicle

   119.   Limitation of time for which drivers of certain vehicles may remain continuously on duty

   120.   Tickets and fares

PART IX
EXAMINATION FOR CERTIFICATE OF FITNESS FOR CERTAIN CLASSES OF VEHICLES

   121.   Application of Part IX

   122.   Certificates of fitness

   123.   Form and display of certificate of fitness

   124.   Period of validity of certificates of fitness

   125.   Defects

   126.   Examination on suspension of vehicle being unfit

   127.   Inspection by road traffic inspector

   128.   Examination by other examiners

   129.   Persons empowered to examine vehicles exempted from liability for damage

   130.   Appeals

   131.   Prescribed fees

   132.   Exemptions

   133.   Offences

PART X
EXCLUSIVE CONCESSIONS

   134.   Power to grant concessions

   135.   Particulars to be given to Director

   136.   Restriction on other operators

   137.   Saving for existing operators

   138.   Revocation of road service licence held by existing operator

   139.   Termini of non-concession routes

   140.   Duty of concession holder to provide services

   141.   Prescribed fees

   142.   Powers of Director

   143.   Savings for mails, parcels and luggage

   144.   Express running agreements

   145.   Undertaking at disposal of Government in emergency

   146.   Expiration of concession

   147.   Determination of concession by legislation

PART XI
ROAD SAFETY PROVISIONS AND DRIVING OFFENCES

   148.   Speed limit

   149.   Exemption of drivers of fire engines, etc. from speed limit

   150.   Certain classes of motor vehicles to contain recording device to measure speed

   151.   Road racing

   152.   Travelling backwards

   153.   Warning devices

   154.   Careless driving

   155.   Reckless or dangerous driving

   156.   Being in charge of motor vehicle when under influence of intoxicating liquor or a narcotic drug

   157.   Driving when under influence of intoxicating liquor or narcotic drugs

   158.   Driver to submit to medical examination

   159.   Detention of persons affected by intoxicating liquor a narcotic drug

   160.   Week-end imprisonment

   161.   Causing death by reckless or dangerous driving

   162.   Warning to be given before prosecution

   163.   Driving motor vehicle in dangerous condition

   164.   Loads to be secure

   165.   Position of driver

   166.   Limitation of numbers of occupants of motor vehicles

   167.   Obligation to wear seat belts

   168.   Restrictions on carrying children not wearing seat belts in motor vehicles

   169.   Driving when using a hand held mobile telephone

   170.   Drivers to obey traffic signs

   171.   Vehicles to give way to all locomotives at railway crossings

   172.   Stopping of vehicles at school crossing

   173.   Side of the road on which vehicle is to be driven

   174.   Driving on divided public roads

   175.   Overtaking of vehicle

   176.   Right of way at roundabout

   177.   Right of way at four-way junction

   178.   Procedure when turning

   179.   Compulsory stops

   180.   Duties of driver and passenger of vehicle on public road

   181.   Duties of driver of motor cycle or motor tricycle

   182.   Protective helmets for motor cyclists

   183.   Pedestrian’s right of way on pedestrian crossing

   184.   Duties of pedestrians

   185.   Stopping of vehicles

   186.   Parking of vehicle

   187.   Certain vehicles may stop and park at any place where necessary

   188.   Obstruction of roadway by vehicle

   189.   Disabled vehicles

   190.   Removal of vehicles from roads

   191.   Vehicles abandoned or left on road

   192.   Engine to be stopped when vehicle unattended

   193.   Opening doors of vehicle

   194.   Silencer

   195.   Discharge of oil and smoke

   196.   Filling petrol, etc.

   197.   Prohibition of sale of vehicles in condition not complying with regulations as to construction, etc.

   198.   Prohibition of use of motor vehicles not complying with regulations as to construction etc.

   199.   Pillion riding on motor cycle

   200.   Application to pedal cyclists of provisions relating to certain driving offences

   201.   Brakes, etc., on bicycles and tricycles

   202.   Excessive loads on two-wheeled vehicles

   203.   Throwing articles at or from vehicles

   204.   Interference with vehicles

   205.   Placing of handbill, etc., in or on motor vehicle

   206.   Unauthorised use of goods vehicles

   207.   Taking hold of or getting on a vehicle in motion

   208.   Stretching rope, etc., across road: obstruction of road

   209.   Liability for animal on road

   210.   Failure of driver of motor vehicle to stop and render assistance to injured person

   211.   Duty to stop in case of accident

   212.   Additional powers of police and others; requirements to be obeyed

   213.   Powers concerning vehicles suspected of being used as public service vehicles

   214.   Registration document and licences to be produced to police, etc., on demand

   215.   Duty to give information

   216.   Penalty for giving false information

   217.   Unlawful imitation, etc. of documents

   218.   Verification of facts in applications

   219.   Condition for release of impounded vehicle or trailer

   220.   No liability for impoundment

   221.   Liability of driver and owner for offences

   222.   Vehicle causing excessive noise

   223.   Use of hooter

   224.   Riding of pedal cycles

   225.   General penalty

PART XII
MISCELLANEOUS PROVISIONS

   226.   Licensing officers etc.

   227.   References to Commissioner

   228.   Control of parking charges on roads

   229.   Admissibility as evidence of certificates relating to ownership of driver of motor vehicle

   230.   Doubt concerning classification of vehicles

   231.   Highway Code

   232.   Implementation of international treaties

   233.   Power of Minister to make regulations

   234.   Repeal of Parts V to XIV of the Roads and Road Traffic Act, Cap. 464 and transitional provisions

   235.   Repeal of Cap. 471

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

AN ACT

to establish the Road Transport and Safety Agency and to define its functions; to provide for a system of road safety and traffic management; to provide for the licensing of drivers and motor vehicles; to provide for the registration of motor vehicles and trailers; to provide for compulsory third party insurance of motor vehicles; to provide for the licensing and control of public service vehicles; to provide for the promotion of road safety; to provide for the regulation of road transport between Zambia and other countries with which Zambia has concluded cross-border road transport agreements; to provide for the implementation of the SADC Protocol on Transport, Communications and Meteorology, the Protocol on Third Party Motor Vehicle Insurance Scheme adopted by the Member States of COMESA and Protocols on transit trade and transit facilities; to repeal the National Road Safety Council Act, 1995 and to provide for matters connected with or incidental to the foregoing.

[21st May, 2004]

Act 11 of 2002,

Act 6 of 2006,

Act 4 of 2008,

Act 51 of 2010.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Road Traffic Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Agency” means the Road Transport and Safety Agency established by section 3;

“animal” means any horse, cattle, ass, sheep, mule, pig, goat or dog;

“appointed date” means the date appointed by the Minister under section 1;

“authorised officer” means any police officer, road traffic inspector or member of staff of the Drug Enforcement Commission or of the Anti-Corruption Commission designated as authorised officers for the purposes of this Act and includes any other person declared by the Minister, by statutory order, to be an authorised officer;

“auto cycle” means a bicycle which has pedals and a motor attached and can be propelled by means of such pedals and by mechanical or electrical power from such motor;

“axle weight” has the meaning assigned to it in the Public Roads Act,

“bicycle” shall include a tricycle;

“carriageway” means that part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but shall not include a cycle track;

“Chairperson” means the person appointed as Chairperson of the Agency under section 5;

“COMESA” means the Common Market for Eastern and Southern Africa;

“Committee” means a committee of the Agency established under paragraph 5 of the First Schedule;

“construction vehicle” means—

      (a)   a motor vehicle incorporating water-bring machinery, or construction machinery of the nature of a crane, grader, shovel, scraper, pipe layer, cable layer or of such other nature as may be prescribed; or

      (b)   any motor vehicle or class of motor vehicle which may, by regulation, be declared to be a construction vehicle;

“contract car” means a motor vehicle primarily constructed or adapted for the carriage of passengers and having seating accommodation for more than seven persons other than the driver, which is let out on hire to a hirer who is to drive oneself or provide the driver for such motor vehicle;

“Council” means the former National Road Safety Council established under the repealed Act;

“customs clearance certificate” shall have the meaning assigned to it by section 10;

“cycle track” means a portion of a road exclusive of the carriage way set aside for use solely by persons riding bicycles;

“cycle track” means a portion of a road exclusive of the carriage way set aside for use solely by persons riding bicycles;

“Deputy-Director” means a person appointed as Deputy-Director under section 6;

“Director” means the person appointed as Director under section 6;

“driver”, in relation to a vehicle, means the person or persons having control of the steering apparatus thereof;

“driving examiner” means any person appointed under the provisions of this Act to examine persons for driving licences;

“fare” means the amount paid or payable for a passenger’s conveyance in a public service vehicle or for the hire of a whole passenger-carrying public service vehicle, and includes any sum paid or payable for the conveyance of luggage in excess of any free allowance and any other sums lawfully charged or chargeable by the owner of a public service vehicle or by that person’s representative in connection with the conveyance of a passenger in such vehicle;

“footpath” means a portion of a road exclusive of the carriageway set aside for use solely by pedestrians;

“Fund” means the National Road Fund established under the National Road Fund Act;

“gate” means a gate of sufficient width to allow the reasonable free use of the road, having regard to the road traffic thereon, and of not less width than five metres, having a balance or catch or other free fastener so fixed as to enable the gate to move clear of the road from drag;

“goods” include goods or burden of any description;

“goods vehicle” means a motor vehicle constructed or adapted for use primarily for the carriage or haulage of goods or a trailer so constructed or adapted;

“gridiron track” means a track constructed through an opening in a fence intersecting a road, with the object of allowing the passage of vehicles and preventing the passage of livestock;

“gross weight” means the net weight of a motor vehicle or trailer together with such weight of goods or passengers or both as the vehicle or trailer may be authorised in terms of this Act to carry;

“heavy trailer” means a trailer exceeding three thousand six hundred kilogrammes gross weight;

“heavy vehicle” means a motor vehicle exceeding three thousand six hundred kilogrammes, gross weight;

“heavy goods vehicle” means a heavy vehicle, constructed or adapted for use of the carriage or haulage of goods, or a heavy trailer so constructed or adapted;

“Highway Code” means the code comprising directions for the guidance of persons using roads issued under section 231;

“hire car” means a public service vehicle having seating accommodation for not more than seven persons other than the driver which is let with a driver under contract over a period which is not less than twenty-four hours for the carriage of passengers otherwise than at separate fares;

“identity card” means, in the case of a police officer, a certificate of appointment or other document issued by or on behalf of the Inspector-General of Police and, in the case of a road traffic inspector, a certificate of appointment or other document issued by or on behalf of the Director to enable the holder to be identified as a police officer or road traffic inspector, as the case may be;

“inter-section” means the crossing of two or more roads;

“Interpol” means the International Criminal Police Organisation;

“Interpol Clearance Certificate” means a certificate issued by an Interpol officer under section 10;

“intoxicating liquor” includes both intoxicating liquor as defined in the Liquor Licensing Act and traditional beers as defined in the Traditional Beer Act;

“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed two hundred and fifty kilogrammes and which is specially designed and constructed, and not merely adapted, for the use of persons with some physical disability and is used solely by such persons;

“laden weight” means the net weight of a motor vehicle or trailer, together with the actual weight of goods or passengers or both carried by such vehicle or trailer;

“licensing officer” means a person appointed by the Agency as licensing officer under section 226;

“light trailer” means a trailer fitted with pneumatic tyres, the gross weight of which does not exceed nine hundred kilogrammes;

“lighting-up time” means from sunset to sunrise;

“local authority” means a city council, municipal council or district council established under the Local Government Act.

“local authority area” means the area for a city council, municipal council or district council;

“manufacturer’s permitted gross weight” means the weight that the manufacturer of a motor vehicle or trailer or that manufacturer’s representative certifies that such vehicle or trailer has been built to carry in addition to its own weight;

“member” means a member of the Agency, or a committee of the Agency;

“motor-cycle” means any motor vehicle—

      (a)   which is carried on two wheels only and includes any such motor vehicle with a sidecar or similar attachment, and an auto cycle; or

      (b) which is carried on three wheels only, and is not capable of being driven backwards under its own power, and which does not exceed three hundred and twenty kilograms net weight;

“motor omnibus” means a public service vehicle, other than a hire car and a taxi cab, hired for conveying passengers for reward, whether at separate fares or otherwise;

“motor omnibus service” means a service for the carriage of passengers in a motor omnibus but, except as provided by section 143, does not include the carriage of goods in, on or about any motor omnibus or any trailer attached thereto;

“motor vehicle” means any mechanically propelled vehicle intended for use, or capable of being used, on roads unless such vehicle shall have been specifically excluded by regulations from this definition;

“National Road Fund Agency” means the National Road Fund Agency established under the National Road Fund Act;

“narcotic drug” has the meaning assigned to it in the Narcotic Drugs and Psychotropic Substances Act;

“net weight” means the actual weight of a motor vehicle when unladen, but inclusive of the weight of the body, the full amount of water, fuel and accumulators which are normally carried or used for purposes of propulsion and the normal full equipment of loose tools and accessories, and in the case of a trailer, means the actual weight of the trailer when unladen but inclusive of the normal full equipment of loose tools and accessories;

“owner” means, in relation to a vehicle other than a registered motor vehicle or trailer, the person having habitual possession and control thereof and, in relation to a registered motor vehicle or trailer, the person in whose names the motor vehicle or trailer is registered:

Provided that in the case of a hire-purchase agreement,

“owner” means the person in possession of the vehicle under that agreement;

“parcel” means any package not exceeding five kilogrammes in weight, and not exceeding one metre in length or two metres in length and girth combined;

“park” means to keep a vehicle, whether occupied or not, stationary for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or goods except if such vehicle is stationary for a reason beyond the control of the person in charge of the vehicle, and

“parking” shall have a corresponding meaning;

“pneumatic tyre” means a tyre composed of flexible material and when in use kept inflated at an air pressure than atmospheric pressure;

“prescribed” means prescribed by rules or regulations under this Act;

“private motor car” means a motor vehicle (other than a public service vehicle, motor cycle or contract car) constructed or adapted for use primarily for the carriage of passengers;

“public place” includes any public way or place, other than a building, to which for the time being the public are entitled or permitted to have access either with or without condition;

“public road” has the meaning assigned to it in the Public Roads Act;

“public service vehicle” means a motor vehicle or trailer, other than a contract car hired for conveying passengers or goods or both or otherwise used for conveying passengers or goods or both for reward:

Provided that for the purposes of this definition—

      (a)   a hire-purchase agreement shall be deemed to be a hiring; and

      (b)   goods shall be deemed to be carried for hire or reward if the person who has purchased or otherwise acquired such goods from some other person acquired such goods from some other person transports them to any other place, and resells or otherwise disposes of them to the person from whom that person purchased or otherwise acquired them;

“repealed Act” means the National Road Safety Council Act;

“road” has the meaning assigned to it in the Public Roads Act;

“road authority” means the authority responsible for the construction, care and maintenance of any road or class of road in accordance with the provisions of the Public Roads Act;

“road reserve” has the meaning assigned to it under the Public Roads Act;

“road traffic inspector” means any person appointed as such under section 226 by the Agency;

“SADC” means the Southern African Development Community;

“structure” includes—

      (a)   any building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could in like manner cause obstruction; and

      (b)   any external alteration or addition to a structure;

“taxicab” means a public vehicle having seating accommodation for not more than seven persons other than the driver which is let with a driver over a period of less than twenty-four hours for the carriage of passengers otherwise than at separate fares;

“tonne” means one thousand kilogrammes;

“tractor” means a motor vehicle which is used for the purpose of drawing one or more trailers, but which is not itself designed to carry any load;

“traffic” includes vehicles, pedestrians, processions and bodies of troops, and all animals being ridden, driven or led;

“trailer driver” means the person driving the vehicle by which the trailer is being drawn, and in respect of an animal drawn vehicle, means the person driving the animals, and

“drive” has a corresponding meaning;

“Tribunal” means the Road Service Appeal Tribunal established under section 111;

“vehicle” includes any engine, wagon, dray, cart, carriage, bicycle, or other means of carrying goods or persons by land, having two or more wheels, whether drawn or propelled by human, animal, steam electric or other power; and

“vehicle examiner” means any person appointed by the Agency as vehicle examiner under section 226.

PART II
THE ROAD TRANSPORT AND SAFETY AGENCY

3.   Establishment of Agency

   (1) There is hereby established the Road Transport and Safety Agency which shall be a body corporate with perpetual succession and a common seal, capable of suing, and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may, by law, do or perform.

   (2) The provisions of the First Schedule shall apply to the Agency.

4.   Functions and Powers of Agency

   (1) Subject to the other provisions of this Act the functions of the Agency shall be—

      (a)   to implement policy on road transport, traffic management and road safety;

      (b)   to register motor vehicles under the Act;

      (c)   to issue licences and permits under the Act;

      (d)   to pay out such percentage of money into the Road Fund from revenues payable under this Act in respect of fees for licences, permits and concessions granted and registration fees, as the Minister shall, after consultation with the Minister responsible for finance and national planning and the Agency, by regulations, prescribe;

      (e)   to conduct road safety education and, through publicity campaigns, undertake and assist in the dissemination of information on road safety for the benefit of all sections of the community;

      (f)   to coordinate road safety programmes;

      (g)   to approve road safety programmes undertaken by, any person, body or institution:

      Provided that no person, body or institution shall, without prior approval of the Agency, undertake any road safety programme;

      (h)   in conjunction with local authorities, to formulate and conduct programmes designed to promote road safety;

      (i)   to make contributions towards the cost of programmes for promoting road safety undertaken by other authorities or bodies; and

      (j)   to carry out such other activities as are necessary or conducive to the performance of its functions under this Act.

   (2) Without prejudice to the generality of sub-section (1) and in pursuance of their functions under that sub-section the Agency shall—

      (a)   conduct studies on accidents arising out of use of vehicles on roads;

      (b)   in the light of those studies recommend to the Government new road safety measures and proposals for road safety policy, taking into account technological development, legal requirements and social and economic conditions;

      (c)   review and publish reports on the effectiveness of road safety operations conducted by the police officers and road traffic inspectors;

      (d)   in consultation with the Road Development Agency, established under the Public Roads Act, establish road safety standards to be observed in the construction of roads and during the maintenance of such roads;

      (e)   in partnership with the Curriculum Development Centre develop a road safety curriculum to be used in schools in Zambia;

      (f)   provide guidelines for the use of public roads, speedways and racecourses by motor clubs;

      (g)   set the minimum specification for vehicles so as to comply with road safety standards;

      (h)   review and publish reports on safety measures that may be considered by the Road Development Agency during the planning, designing and building of new roads and the upgrading of existing roads in order to promote orderly traffic flow and creation of road safety consciousness amongst all road users;

      (i)   review and publish standards of road fitness that vehicles shall comply with in order to be fit to be driven on the roads;

      (j)   undertake periodic reviews of existing road traffic and road safety legislation with a view to advising the Government with regard to all necessary amendments;

      (k)   revise and recommend to the Minister the upgrading of the Highway Code, where necessary;

      (l)   formulate and update the training programmes required for driving instructors and driving schools; and

      (m)   affiliate to, and liaise with, road safety organisations in other countries, on road safety education, information and materials.

   (3) Notwithstanding the other provisions of this section the Agency may, by direction in writing and subject to such conditions as it thinks fit, delegate to any member, committee or the Director any of its functions under this Act.

5.   Composition of Agency

   (1) The Agency shall consist of the following part-time members who shall be appointed by the Minister:

      (a)   a representative of the Pensions and Insurance Authority;

      (b)   a representative of the Passengers, Pedestrains and Cyclists Association;

      (c)   a representative of persons with disabilities recommended by the ministry responsible for community development and social welfare;

      (d)   a representative of the Chartered Institute of Transport;

      (e)   a representative of passenger transport association;

      (f)   a representative of the truckers associations;

      (g)   a representative of the Medical Council of Zambia;

      (h)   a representative of the Attorney-General;

      (i)   a representative of the ministry responsible for communications and transport;

      (j)   a representative of the ministry responsible for home affairs;

      (k)   the Director of the Road Development Agency;

      (l)   the Director of the National Road Fund Agency established under the National Road Fund Act; and

      (m)   one other person.

   (2) The members referred to in paragraphs (a) to (j) of sub-section (1) shall be nominated by their respective organisations ministries.

   (3) The Director of the Road Development Agency and the Director of the National Road Fund Agency referred to in paragraphs (k) and (l) of sub-section (1) shall be ex-officio members of the Agency and shall have no vote.

   (4) The Chairperson shall be appointed by the Minister.

   (5) The Vice-Chairperson shall be elected by the members of the Agency from among their number.

   (6) The Agency shall report to the Committee of Ministers on Road Maintenance Initiative at such times and at such places as the Minister may determine.

   (7) The Committee of Ministers referred to in sub-section (6) shall comprise the Minister responsible for communications and transport who shall be the Chairperson, the Minister responsible for works and supply who shall be the Vice-Chairperson, and the Ministers responsible for finance and national planning, local government and housing, energy and water development, agriculture and co-operatives, tourism, environment and natural resources and legal affairs.

   (8) A person shall not be appointed as a member of the Agency if the person—

      (a)   is an undischarged bankrupt;

      (b)   has been convicted of an offence under this Act;

      (c)   has been convicted of an offence involving fraud or dishonesty;

      (d)   has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months without the option of a fine.

6.   Director, Secretary and other staff

   (1) Subject to sub-section (2), the Agency shall, with the approval of the Minister, appoint a Director on such terms and conditions as it may, with the approval of the Minister, determine, who shall be the chief executive officer of the Agency and who shall, subject to the control of the Agency, be responsible for the day to day administration of the Agency.

   (2) The Director shall attend the meetings of the Agency and any committee of the Agency and may address such meetings, but shall have no vote.

   (3) The Director shall be the Secretary to the Agency.

   (4) The Agency shall appoint—

      (a)   a deputy director who shall be responsible for road transport; and

      (b)   a deputy director who shall be responsible for road safety.

   (5) The Deputy Directors referred to in sub-section (4) shall—

      (a)   assist the Director in the performance of the Director’s duties under this Act; or

      (b)   discharge the functions of the Director if the Director is absent or is for any other reason unable to discharge the functions of the Director’s office.

   (6) The Agency may, on such terms and conditions as it may, with the approval of the Minister determine, appoint such other staff for the Agency as it considers necessary for the performance of its functions under this Act.

PART III
REGISTRATION OF MOTOR VEHICLES AND TRAILERS

7.   Motor vehicle and trailer registers

   (1) The Director shall keep registers of motor vehicles and trailers, and may upon payment of the prescribed fee, supply to any person applying for a copy of such entries as that person shows has reasonable cause to require:

Provided that no fee shall be payable when the person to whom copies are supplied is an officer of the Government or a local authority acting in an official capacity.

   (2) Separate registers shall be kept by the licensing officer in any locality as directed by the Director.

   (3) A licensing officer shall, within fourteen days, forward to the Director a copy of every entry made in that officer’s register.

   (4) Any licensing officer shall, upon application being made to that officer by any other licensing officer, supply a copy of entries in that officer’s register relating to any motor vehicle or trailer specified in such application.

   (5) A licensing officer shall allow any authorised officer to inspect that officer’s licensing register at any time and shall permit the authorised officer to take a copy of any entry in the register relating to any specified motor vehicle or trailer.

   (6) A licensing officer may supply to any other person applying for a copy of the entries relating to any specified motor vehicle or trailer a copy of these entries on payment of the prescribed fee, where the person shows that there is reasonable cause for requiring such a copy:

Provided that no fee shall be payable when the person to whom the copies are supplied is an officer of the Government or a local authority acting in an official capacity.

8.   Registration

   (1) On the recommendation of the Agency, the Minister may, by regulation, provide for re-registration of motor vehicles or trailers on a date being not less than ten years after the previous re-registration of motor vehicles or trailers.

   (2) Notwithstanding sub-section (1), any person who has been issued with a registration book for a motor vehicle or trailer under this Act shall surrender such registration book to the licensing officer who shall, upon payment of the prescribed fee by such person re-register that motor vehicle or trailer and issue that person with a new registration book.

9.   Registers, etc., to be accepted as evidence

   (1) Any extract from a register or other records kept in terms of this Act or any regulation made under it shall, if it purports to be certified to be a true extract by the officer having custody or control of such register or records, be received in any court on production by any person and without further proof as prima-facie evidence of the facts therein stated.

   (2) The registration document of any motor vehicle or trailer shall be received in any court on production by any person and without further proof as prima-facie evidence of the facts stated in the registration document.

10.   Motor vehicle to be cleared by Customs and Interpol

   (1) Notwithstanding the other provisions of this Act, where a motor vehicle is imported into Zambia, the owner or person in charge of the motor vehicle shall produce, to a Customs Officer at a port of entry, a declaration under the Customs and Excise Act in respect of the motor vehicle.

   (2) Where a declaration or certificate is produced under sub-section (1) the officer shall upon being satisfied that it complies with the Customs and Excise Act, issue a Customs Clearance Certificate.

   (3) The motor vehicle together with the Customs Clearance Certificate issued under sub-section (2) shall be presented to an Interpol Officer at the port of entry or if the Interpol office is at Lusaka or at a place of some considerable distance from the port, the owner or person in charge of the motor vehicle shall, within thirty days of declaring that vehicle to the Customs Division, present the vehicle to an Interpol Officer for verification of the engine number, the chassis number, colour and any other identification of the motor vehicle and the officer shall, if satisfied with the authenticity of the motor vehicle issue an Interpol Clearance Certificate.

   (4) Where a motor vehicle is acquired in Zambia, the person who acquires the motor vehicle shall, within thirty days of the acquisition, present the vehicle together with the letter of sale, the change of ownership certificate and the registration document of the motor vehicle or ownership certificate at the Zambia Police Headquarters for Interpol clearance.

   (5) A person who fails to comply with sub-section (1), (3) or (4) or who presents a false declaration to a Customs Division Officer commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

11.   Registration of motor vehicles and trailers

   (1) Subject to the other provisions of this Act, no person shall use a motor vehicle or trailer unless such vehicle or trailer is registered in accordance with the provisions of this Act.

   (2) An application for the registration of a motor vehicle or trailer shall be made by the owner on the prescribed form within fourteen days of change of ownership into the applicant’s name.

   (3) The licensing officer to whom such application is made shall assign to the motor vehicle or trailer a registration mark and number containing such feature as the Minister may, on the recommendation of the Agency, by statutory instrument, prescribe and such registration mark and number shall not be transferable on the sale or disposal of the motor vehicle or trailer:

Provided that—

      (a)   a motor vehicle or trailer shall not be registered unless the applicant produces—

      (i)   in the case of vehicles wholly manufactured or assembled in Zambia, a certificate of local manufacture or assembly; or

      (ii)   in any other case, a Customs Clearance Certificate; and

      (b)   a motor vehicle or trailer shall not be registered unless it complies with the provisions of this Act and of any regulations made under it with regard to the maximum limits permitted for axle weights, gross weight, height, length and width of motor vehicles or trailers or unless it shall have been exempted by the Director appointed under the Public Roads Act from compliance with such limits.

   (4) Notwithstanding the other provisions of this section, all motor vehicles shall be registered using the series of registration marks ending with ZM from such a date as the Minister may, by statutory instrument, appoint.

   (5) For the purposes of sub-section (3)—

      (a)   a “Customs Clearance Certificate” means a certificate given by or on behalf of the Commissioner, Customs and Excise, of the Zambia Revenue Authority setting out particulars of ownership and of the motor vehicle or trailer and such other particulars as may be prescribed and certifying that all customs formalities have been complied with in respect of the said motor vehicle or trailer; and

      (b)   “certificate of local manufacture or assembly” means a certificate given by or on behalf of the manufacturer or assembler of the motor vehicle or trailer, or trailer setting out particulars of the motor vehicle or trailer, the name of the manufacturer or assembler and such other particulars as may be prescribed and certifying that the motor vehicle or trailer has been wholly manufactured or assembled in Zambia.

   (6) A licensing officer may, in accordance with such procedure or such conditions as may be prescribed, on the request of any person and on payment of the prescribed fee, assign to a motor vehicle or trailer owned by that person a particular registered letter or letters and number which shall become the registration mark of such motor vehicle or trailer.

   (7) The owner of every motor vehicle or trailer shall, upon its registration, pay the fee prescribed for registration and shall obtain from the licensing officer a registration document containing such particulars as may be prescribed.

   (8) Whenever it appears to the satisfaction of a licensing officer that—

      (a)   the registration document issued to any person has been lost or destroyed;

      (b)   the essential particulars of the registration document have been defaced;

      (c)   the registration document is in a state of dilapidation; or

      (d)   that space on the registration document is lacking for essential particulars;

the licensing officer shall, on payment of the prescribed fee, issue a duplicate of the registration document with the word “duplicate” written thereon:

Provided that, where there is no space available in a registration document for further essential particulars, no fee shall be charged for the issue of a duplicate.

   (9) Before a duplicate registration document is issued on account of defacement, dilapidation, or lack of space for essential particulars, the old registration document shall be submitted to the licensing officer.

   (10) If a motor vehicle or trailer does not bear a registration mark as provided by this section, this fact shall be regarded as prima facie evidence that the motor vehicle or trailer has not been registered and a police officer or road traffic inspector may detain the vehicle or trailer until inquiries have been made.

   (11) The onus of proving that the motor vehicle or trailer has been registered rests upon the owner of the vehicle or trailer.

   (12) The owner of a motor vehicle or trailer shall notify the licensing officer of the District in which the motor vehicle or trailer is registered of every change of address and of any other circumstances or event which affects the accuracy of the entries in the register, and shall at the same time forward the registration document for amendment.

   (13) The Director and any licensing officer may request any owner of a motor vehicle or trailer at any time to furnish information required for the verification of the entries in the register.

   (14) Any person who fails to comply with the provisions of sub-sections (1) to (13) commits an offence and shall be liable, upon conviction, in the case of a first offence to a fine not exceeding one thousand penalty units and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units.

12.   Sale or transfer of motor vehicle

   (1) A person shall at the time of the sale or delivery of a motor vehicle furnish to the purchaser a letter of sale and change of ownership certificate effecting the sale.

   (2) A person shall, at the time of transfer or delivery of a motor vehicle, furnish to the person to whom the motor vehicle is transferred or delivered a change of ownership certificate effecting the transfer.

   (3) A letter of sale or change of ownership certificate effecting the sale or transfer of ownership of a motor vehicle under sub-section (1) or (2) shall be in the prescribed form specifying—

      (a)   in the case of a seller or transferor, the seller or transferor’s full names and physical address; or

      (b)   in the case of a motor dealer, the motor dealer’s full names, business name and address;

and affirming that the motor vehicle in question has been lawfully sold or transferred to the purchaser or transferee, and the letter of sale or change of ownership shall be duly signed or endorsed by the seller, transferor, or motor dealer.

   (4) A person who contravenes sub-section (1) or (2) commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand penalty units, or to imprisonment for a period not exceeding three years, or to both.

13.   Change of ownership

   (1) On the change of ownership of a motor vehicle or trailer otherwise other than by death—

      (a)    the registered owner shall, within fourteen days, inform the licensing officer of the District in which the motor vehicle or trailer is registered in writing of the name and address of the new owner, and the date of the change of ownership of the motor vehicle or trailer and shall deliver that person’s motor vehicle or trailer’s registration document and licence to the new owner;

      (b)   the new owner shall, within fourteen days, deliver the registration document to the licensing officer who shall register the new owner:

Provided that where a person is under the provisions of section 14 entered in the register of the licensing officer and in the registration document as the absolute owner of a motor vehicle or trailer, the licensing officer shall consult that person before registering a person as the new owner of such motor vehicle or trailer.

   (2) An application for registration of a new owner may be made before the actual transfer of the motor vehicle or trailer, but the registration of the new owner shall not be effective until the registration document has been surrendered to, and re-issued by, the licensing officer.

   (3) On the death of the registered owner of a motor vehicle or trailer, the person who has custody of the motor vehicle or trailer shall, within fourteen days of its coming into that person’s custody, give notice of the fact to the licensing officer of the District in which the motor vehicle or trailer is registered.

   (4) Sub-sections (1) and (2) shall not apply to any change of ownership of a motor vehicle or trailer which occurs by reason of the motor vehicle or trailer being unlawfully seized under a hire-purchase agreement, but in such circumstances the following provisions shall apply:

      (a)   the registered owner or the owner’s representative shall, within seven days of the seizure, deliver the motor vehicle or trailer licence and the registration document to the person who seized the motor vehicle or trailer and inform the licensing officer in writing of the change of ownership;

      (b)   the person who seizes the motor vehicle shall, within seven days of receiving the motor vehicle or trailer licence and the registration document, apply to the licensing officer to be registered as the owner thereof in place of the registered owner and shall be registered accordingly unless the licensing officer thinks it fit to order otherwise;

      (c)    the licensing officer shall, if the licensing officer is satisfied that the person whose name has been entered in the register and registration document under section 14 as the absolute owner of the motor vehicle or trailer, is unable within seven days of the seizure, to procure the motor vehicle or trailer licence and the registration document from the registered owner or the registered owner’s representative, supply such person on request with duplicate copies of the licence document and such person shall be deemed to be the registered owner and the licensing officer shall accept that person’s signature as such until the next change of ownership is effected.

   (5) Subject to the provisions of sub-section (4), any change of ownership of any motor vehicle or trailer not notified in writing to the licensing officer of the District in which the motor vehicle or trailer is registered may render the vehicle or trailer liable to be impounded by any road traffic inspector in uniform or by any police officer.

   (6) Notwithstanding any other provisions in this section, where the holder of motor dealer’s vehicle licence acquires the ownership of a motor vehicle or trailer by way of purchase, or otherwise, for the purpose of resale, the procedure to be followed regarding the registration of the change of ownership shall be prescribed.

   (7) On the registration of a new owner, the licensing officer shall charge the prescribed fee, make necessary alterations to the registration document or issue a new registration document, and shall deliver the altered or new registration document to the new registered owner as the case may be.

14.   Position of registered owner who is not absolute owner

   (1) Where the person entitled to the possession of a motor vehicle or trailer is not the absolute owner of the vehicle, but is registered as the owner of the vehicle, any person claiming to be the absolute owner of the vehicle (hereinafter called the “claimant”) may apply to the licensing officer of the District in which the motor vehicle or trailer is registered to enter that person’s name in the register, and in the registration document of the motor vehicle or trailer as the absolute owner in addition to the name of the registered owner.

   (2) On receipt of the application referred to in sub-section (1), the licensing officer shall make such inquiries into the matter as the licensing officer considers necessary and shall, depending on the officer’s findings, enter the name of the absolute owner or refuse such entry:

Provided that any person aggrieved by such a decision may, within thirty days, appeal to the Director.

   (3) Where a decision made in accordance with sub-section (2) requires that the name of the claimant be entered in the registration document, the registered owner shall produce the document for the entry to be made upon being required to do so.

   (4) When any person whose name has been entered in the register and registration document as the absolute owner of a motor vehicle or trailer ceases to be the absolute owner, that person shall inform the licensing officer who shall thereupon delete the entries:

Provided that the licensing officer may delete the entries otherwise than upon the information given by the claimant, if the officer is satisfied that the person has ceased to be the absolute owner of the vehicle or trailer.

15.   Furnishing evidence of weights and dimensions of motor vehicle or trailer

   (1) Every owner of a motor vehicle or trailer shall, if so required by the Director or a licensing officer, furnish such evidence to the Director or licensing officer in regard to the net weight and maximum weight, including—

      (a)   the weight that the manufacturers of the motor vehicle or trailer state that such vehicle or trailer has been built to carry; and

      (b)   the recommended distribution of the weight over the several axles of the vehicle and the height, length and width of the motor vehicle or trailer, and any person who fails to comply with any such requirement commits an offence.

   (2) The Director or a licensing officer may require—

      (a)   any dealer in motor vehicle or trailer to furnish a sworn declaration specifying the net weight, maximum weight, including the weight, that the manufacturer of the motor vehicle or trailer state that such vehicle or trailer has been built to carry, including the recommended distribution of such weight over the several axles of the motor vehicle or trailer, and the height, length and width of any motor vehicle trailer sold by the dealer; and

      (b)   any builder of motor vehicle or trailer bodies to furnish such a declaration concerning the weight and dimensions of any such body built by the dealer.

   (3) Any dealer or builder who fails to comply with the requirement under sub-section (2) commits an offence.

   (4) Any applicant for a registration document or for a duplicate licence or for a duplicate of such document or licence or any other person required in terms of the provisions of this section to give any information, who willfully gives false, misleading or inaccurate information commits an offence, and shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding twenty-five thousand penalty units and, in the case of second or subsequent offence, to a fine not exceeding fifty thousand penalty units.

16.   Temporary registration card

   (1) Any person who becomes the owner of a motor vehicle or trailer which is not registered or licensed in terms of this Act, and who wishes to take the motor vehicle or trailer for registration from the District in which the person resides or carries on business, may apply on the prescribed form to the licensing officer of the District from which such person acquired such motor vehicle or trailer.

   (2) The licensing officer on receipt of the application referred to in sub-section (1) and of the prescribed fee, and if satisfied that there is in force in respect of the use of the motor vehicle or trailer a policy of insurance which complies with the requirements of section 88, and which policy shall be valid for the whole period during which such vehicle or trailer may be used with temporary registration cards attached to it, shall issue the applicant two temporary registration cards on the prescribed form which shall be valid for a period of fourteen days from the date of issue or for such lesser period as may be specified on the temporary registration card.

   (3) A person to whom temporary registration cards have been issued in terms of this section shall—

      (a)   cause the temporary registration cards to be affixed to the motor vehicle or trailer in respect of the cards which were issued, in such position as may be prescribed;

      (b)   on or before the date of expiry of the period of validity of the temporary registration cards or on registration of the motor vehicle or trailer under this Act, whichever is the earlier, surrender the temporary registration cards to the licensing officer of the District in which the person resides or carries on the person’s business.

   (4) Notwithstanding the provisions of sub-section (2), a licensing officer may refuse to issue temporary registration cards for any vehicle or trailer that does not comply with the provisions of this Act and of the regulations made under it with regard to the maximum limits permitted for axle weights, gross weight, height, length and width of motor vehicles or trailers unless such vehicle or trailer shall have been exempted by the Director of the Road Development Agency from compliance with such limits.

17.   Details required for temporary registration

Temporary registration cards shall specify such particulars as may be prescribed.

18.   Particulars to be endorsed on application forms

The licensing officer when issuing temporary cards shall endorse on the application form relating to the temporary cards such particulars as may be prescribed.

19. Motor vehicle or trailer deemed to be registered, etc.

A motor vehicle or trailer shall be deemed to be registered and licenced under this Act and a registration document shall be deemed to have been issued under this Act for a motor vehicle or trailer if valid temporary registration cards in respect of the motor vehicle or trailer are attached to it in the prescribed position.

20.   Special examination of motor vehicles and trailers

   (1) Before registering any motor vehicle or trailer, the licensing officer shall verify all the particulars entered on the application form and may, if the licensing officer considers it necessary, order that any such vehicle or trailer be taken to a vehicle examiner to be examined for the purpose of ensuring that it is of such construction and in the condition as complies with the requirements of this Act and of the regulations made under it.

   (2) A licensing officer shall, in respect of any motor vehicle or trailer which the officer has reason to believe is not in a fit and proper condition or state of repair, or does not conform with the provisions of this Act or any regulations made under it, have the power to order that the motor vehicle or trailer be taken to a vehicle examiner for examination.

   (3) Where a vehicle examiner on examining a motor vehicle or trailer sent to the vehicle examiner under the provisions of sub-section (1) or (2), or submitted to the vehicle examiner pursuant to a prohibition under paragraph (f) of sub-section (1) of section 212, finds that the motor vehicle or trailer, does not comply with the provisions of any law in regard to construction and equipment applicable to such motor vehicle or trailer the vehicle examiner shall make a full list (hereinafter called a “ defects list ”) of all defects found and shall give the owner of the vehicle or trailer a copy of the defects list and shall notify the owner of the date (hereinafter called the “ notified date ”) by which the defects must be remedied and the vehicle or trailer produced for re-examination.

   (4) If, upon re-examination of a motor vehicle or trailer under the provisions of this section to ascertain whether the defects in a defects list have been remedied, the vehicle examiner finds any further defects the vehicle examiner shall require, in the manner set forth in sub-section (3), the owner to remedy the defects.

   (5) If a motor vehicle or trailer is not produced for re-examination on the notified date or if the defects have not been remedied on the notified date, or if, upon examination of a motor vehicle or trailer under the provisions of this section, it is considered necessary in the interest of safety, a vehicle examiner may prohibit the use of such motor vehicle or trailer, or issue such other directions as the examiner may think necessary restricting its use.

   (6) Any order made under sub-section (5) and any prohibition of the use of motor vehicle or trailer under paragraph (f) of sub-section (1) of section 212 may be cancelled or revoked by the vehicle examiner as soon as the defects of such vehicle or trailer have been remedied to such an extent that in the vehicle examiner’s opinion the motor vehicle or trailer may safely be used on a road.

   (7) When all the defects listed have been remedied to the vehicle examiner’s satisfaction, the vehicle examiner shall cancel the defects list and, if the examination was made under the provisions of sub-section (1), the vehicle examiner shall inform the licensing officer that the vehicle examiner has cancelled the defects list.

   (8) On each examination of a motor vehicle or trailer as provided in this section, and on any subsequent examination for the purpose of ensuring that defects in a defects list have been remedied the prescribed fee shall be paid by the owner of a vehicle or trailer, and the fees shall be allocated in the prescribed manner:

Provided that no fee shall be payable for re-examination for the purpose of ascertaining whether defects have been remedied and no fee shall be payable for an examination pursuant to a prohibition under paragraph (f) of sub-section (1) of section 212.

   (9) If any owner of a motor vehicle or trailer is aggrieved by any decision of a vehicle examiner, the owner may appeal to the Director who may vary or cancel the requirements of the vehicle examiner or dismiss the appeal.

   (10) Any person who fails to comply with or who disobeys any order made by a licensing officer under sub-section (1) or (2) commits an offence.

   (11) Any person who fails to comply with or who disobeys any order made by a vehicle examiner under sub-section (5) commits an offence and shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding five hundred penalty units, and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units.

21.   Test of satisfactory conditions of motor vehicles and trailers

   (1) The Minister may, on the recommendation of the Agency, by regulation, make provision for examination of motor vehicles and trailers submitted for examination under this section and for the issue, where it is found on such an examination that the requirements are complied with, or a certificate (hereinafter referred to as a “test certificate”) that at the date of the examination the said requirements were complied with in relation to the motor vehicle or trailer so examined.

   (2) Where a test certificate is refused, the vehicle examiner shall issue a notification of the refusal stating the ground thereof, and any person aggrieved by the refusal may appeal to the Director within thirty days; and on any appeal the Director shall cause a further examination to be made and either issue a test certificate or confirm the notification earlier issued by the vehicle examiner.

   (3) The Minister may, on the advice of the Agency, by statutory instrument, make regulations for the purpose of giving effect to the provisions of this section and for prescribing anything authorised by this section to be prescribed and in particular as to:

      (a)   the establishment and maintenance of stations where examinations under this section may be carried out and the provisions and maintenance of apparatus for carrying out such examination;

      (b)   the manner in which the conditions under which the inspection of premises at which apparatus with which the examinations are being, or are to be carried out;

      (c)   the manner in which applications for, or notices of examinations due under this section are to be made, the manner in which appeals may be brought under sub-section (2), the information to be supplied and documents to be produced on such application, examination or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Director that there were substantial grounds for contesting the whole or part of the decision appealed against;

      (d)   the form of, and particulars to be contained in, test certificates, their display and production on demand to police officers or road traffic inspectors, and the form of notification or a refusal to issue a test certificate;

      (e)   the issue of duplicates or test certificates lost or defaced, and the fees to be paid for their issue;

      (f)   the keeping by vehicle examiners or registers of test certificates, and the inspections of such registers by such persons and in such circumstances as may be prescribed; and

      (g)   the keeping by the vehicle examiners of such other records as may be prescribed and the furnishing by them of returns and information to the Director.

   (4) Regulations under this section may make different provisions in relation to different motor vehicles and trailers or classes of motor vehicles and trailers.

22.   Certificate of examination to be admissible in evidence

If in any proceedings under this Act any question arises whether a motor vehicle or trailer does or does not comply with any provision of this Act or any regulation made under it, a certificate purporting to be signed by any person appointed by Gazette notice, by the Agency, to act as a vehicle examiner for the purposes of this Act, that such person has examined the vehicle or trailer and as to the result of the person’s examination, shall be admissible in evidence and shall be prima facie evidence of any fact or opinion stated therein relating to the matter in question without calling as a witness the person who purports to have signed such certificate:

Provided that any person against whom the evidence of such certificate is sought to be used shall have the right to object to the admissibility of such certificate as evidence unless the person who purports to have signed it is called as a witness.

23.   Obligatory test certificate

   (1) Any person who uses a motor vehicle or trailer on a road at any time or causes or permits to be used a motor vehicle or trailer to which this section applies and in respect of which no test certificate has been issued within the appropriate period commits an offence and shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding seven hundred and fifty penalty units, and in the case of a second or subsequent offence, to a fine not exceeding one thousand five hundred penalty units.

   (2) Notwithstanding the provisions of sub-section (1), any motor vehicle or trailer on which no test certificate is displayed may be impounded by any road traffic inspector in uniform or by a police officer.

   (3) The motor vehicles and trailers to which this section applies at any time shall be such as the Minister, on the recommendation of the Agency, may, by statutory notice, determine.

   (4) The Minister may, on the recommendation of the Agency, by regulation exempt from sub-section (1) and (2)—

      (a)   the use of motor vehicles or trailers for such purposes as may be prescribed; and

      (b)   the use of motor vehicles or trailers in any such road as may be prescribed.

   (5) The Minister may, on the recommendation of the Agency, by regulation provide that, where application is made under section 35 for a licence of a motor vehicle or trailer to which this section applies, licence shall not be granted except after—

      (a)   the production of such evidence as may be prescribed of the granting of an effective test certificate or (if it is so prescribed) the production of such a certificate; or

      (b)   the making of such a declaration as may be prescribed that the motor vehicle or trailer is not intended to be used during the period for which the licence is to be in force except for a purpose prescribed under sub-section (3) or in an area or on a road prescribed under sub-section (4).

   (6) In paragraph (a) of sub-section (5), the expression “effective test certificate” means in relation to an application for a licence for a motor vehicle or trailer a test certificate relating to the motor vehicle or trailer and issued within the appropriate period before the date from which the licence is to be in force.

   (7) In this section “appropriate period” means a period of twelve months or such shorter period as may be prescribed.

   (8) Where within the appropriate period after the issue of a test certificate, but not earlier than one month before the end of the period, a further test certificate is issued in respect of the same motor vehicle or trailer, the further certificate shall be treated for the purposes of this section as if issued at the end of the said appropriate period.

   (9) For the purposes of spreading the work of issuing certificates in anticipation of the coming into operation of this section or of a change in the length of the appropriate period—

      (a)   the order appointing a day for coming into operation of this section may appoint different days in respect of different motor vehicles, trailers or classes of motor vehicles or trailers;

      (b)   the regulations changing the length of the appropriate period may be made so as to come into operation on different days in respect of different motor vehicles, trailers or classes of motor vehicles or trailers.

24.   Provisions not applicable to which Part IX applies

The provisions of sub-sections (2), (3), (4), (5) and (6) of section 20, 21 and 23 shall not apply in relation to any motor vehicle or trailer to which the provisions of Part IX apply.

25.   Destruction of permanent removal of motor vehicle or trailer from Zambia

   (1) When any motor vehicle or trailer is broken up, destroyed or permanently taken out of Zambia, the person who at the material time is the owner of such motor vehicle or trailer shall, within fourteen days, notify the licensing officer of the District in which the vehicle or trailer is registered and shall deliver up the registration document to the licensing officer.

   (2) The licensing officer may on receipt of such information and the registration document assign the registration mark of such motor vehicle or trailer to any other motor vehicle or trailer subsequently registered by that officer.

   (3) Where a motor vehicle or trailer has not been licensed or exempted from being licensed, for a consecutive period of five years, its registration shall be cancelled by the licensing officer of the District in which it is registered, and its registration mark may be assigned to any motor vehicle or trailer subsequently registered by such licensing officer and a registration so cancelled shall be of no effect.

26.   Exemption from registration

The following classes of motor vehicles or trailers shall be exempt from the need for registration:

      (a)   motor vehicles or trailers in the possession of manufacturers of, or dealers in, motor vehicles or trailers, but subject to such provisions as the motor dealer’s vehicle licences as may appear hereinafter;

      (b)   motor vehicles or trailers brought into Zambia by visitors, whether used under the authority of an international certificate or not, and exempted from registration in accordance with any regulation made under this Act;

      (c)   trailers used exclusively for agriculture purposes and not used on any public road; or

      (d)   any other motor vehicle or trailer as may, by regulation, be exempted from registration.

27.   Registration marks

   (1) There shall be fixed and maintained on every motor vehicle and trailer in such a manner as may be prescribed the registration mark and number referred to in sub-section (3) of section 11.

   (2) When a motor vehicle is being used to tow a trailer or trailers, its registration mark shall also be fixed at the rear of such trailer or, if there is more than one trailer, at the end of the last trailer, in such manner as may be prescribed.

   (3) No other figures, letters or designs may be placed on or within such distance as may be prescribed from a registration mark lawfully fixed on a motor vehicle in terms of this section.

28.   Prohibition of manufacture of number plates without serial number

   (1) A person who manufactures a registration mark and number shall obtain a permit from the Director and comply with such terms and conditions as the Director may determine.

   (2) Any person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

29.   Offences in connection with registration marks

   (1) If the registration marks and numbers to be fixed and maintained in accordance with this Act and regulations made under it are so fixed and maintained and, are in anyway obscured or rendered or allowed to become not easily distinguishable, the person driving the motor vehicle or trailer and its owner commits an offence, and shall be liable, upon conviction, in the case of a first offence to a fine not exceeding seven hundred penalty units, and in the case of a second or subsequent offence, to a fine not exceeding one thousand five hundred units:

Provided that a person shall not be convicted of an offence under this section if in the case of a prosecution for obscuring a mark or rendering or allowing it to become not easily distinguishable, the person proves that the person has taken all steps reasonably practicable to prevent the mark from being obscured or rendered not easily distinguishable.

   (2) A person who knowingly drives or is in charge or control of motor vehicle which bears a false registration mark commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment not exceeding five years, and in the case of a second subsequent offence, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding ten years, or both.

   (3) Notwithstanding anything contained in sub-section (1), any motor vehicle or trailer having false registration marks and numbers affixed may be impounded by any road traffic inspector in uniform or by any police officer.

PART IV
VEHICLE LICENSING

30.   Vehicle to be licensed

   (1) No person shall use, or being the owner shall cause or permit to be used upon a road, any motor vehicle or trailer unless there is in force in relation to that vehicle or trailer a licence issued in accordance with the provisions of this Part, and no person shall use or cause or permit to be used a motor vehicle or trailer for a purpose not authorized by, or in contravention of any condition or other provision contained in any licence in force in relation to such motor vehicle or trailer under this Part.

   (2) Any person who contravenes the provisions of sub-section (1) commits an offence, and shall be liable, upon conviction, to a fine not exceeding treble the amount of tax payable on an annual licence for exceeding treble the amount of tax payable on an annual licence for the motor vehicle concerned:

Provided that a person shall not be convicted of an offence under this section by reason of not holding a valid licence if that person proves that such person has not had a reasonable opportunity of obtaining such licence and that the vehicle was being used for the purpose of obtaining such licence.

   (3) Subject to the provisions of sub-section (2), any motor vehicle or trailer on which no valid licence is displayed may be impounded by any road traffic inspector in uniform or by any authorised officer.

31.   Form of licence

   (1) Vehicle licences in respect of vehicles other than motor vehicles and trailers shall be in the prescribed form and shall be issued by a licensing officer.

   (2) An application for the licensing of a vehicle or trailer shall be made in the prescribed form.

   (3) A person applying for a licence for a vehicle under this section shall furnish to the licensing officer such particulars as may be prescribed.

   (4) On being furnished with the particulars required by sub-section (3) the licensing officer shall, subject to the provisions of this Act, issue a licence to the applicant.

   (5) A licensing officer who is satisfied that a vehicle licence duly issued under this section has been lost or destroyed shall, upon payment of the prescribed fee, issue a duplicate of the vehicle licence.

32.   Duration of Licence

Every vehicle licence, not being a licence for a motor vehicle or trailer, shall be in force from the date of its issue until the next ensuing 31st December.

33.   Owner to receive licence or token

   (1) The owner of a vehicle, not being a motor vehicle or trailer, to whom a vehicle is issued shall be provided with a licence or token which shall be in the form prescribed as suitable for the particular class or type of vehicle, and shall maintain the licence or token affixed while valid in a conspicuous place on the vehicle in respect of which it is issued.

   (2) Where a licence or token referred to in sub-section (1) is lost, a new licence or token may be issued to the owner on payment of the prescribed fee.

34.   Transfer of licence of vehicle other than motor vehicle or trailer

   (1) Every person who transfers the ownership of a vehicle not being a motor vehicle or trailer shall, within fourteen days, deliver the vehicle licence to the licensing officer and shall inform the licensing officer in writing of the name and address of the transferee.

   (2) On application by the transferee and on payment of the prescribed fee, the licence, amended as may be necessary, shall be registered.

35.   Application for licence

An application for the licensing of a motor vehicle or trailer shall be made on such form as may be prescribed or, if no such form is prescribed, in person or by letter.

36.   Issue of licences

Subject to the provisions of this Part, licences in respect of motor vehicles and trailers shall be issued by the licensing officer to which application is made, who shall enter on such licence such particulars as may be prescribed, including the purpose for which the motor vehicle or trailer is being licensed.

37.   Conditions to be satisfied before issue of motor vehicle licence

   (1) A licensing officer shall not issue or renew a motor vehicle or trailer licence unless—

      (a)   the officer is satisfied that the motor vehicle or trailer has been registered and does not differ in any respect from the particulars in the register; and

      (b)   in the case of a motor vehicle, there is produced to the officer a valid carbon emission tax certificate, issued in respect of the motor vehicle by the Commissioner-General or an agent duly appointed by the Commissioner-General under the Customs and Excise Act.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.