ROAD TRAFFIC ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Road Traffic Act (Commencement) Order
Road Traffic (Public Service Vehicles) (Operating Time) Notice
Road Traffic (Public Service Vehicles) (Speed Limiter) Regulations
Road Traffic (Public Service Vehicles) (General Speed Limit Regulations
Road Traffic Act (Blood and Breath Alcohol Content) (Prescription) Regulations
Road Traffic (Marking) Regulations
Road Traffic (Chevron Signs) Regulations
Road Traffic (School Traffic Wardens) Notice
Road Traffic (Public Service Vehicles) Regulations
Road Traffic (Certificates of Security and Insurance) (Display) Regulations
Road Traffic (Public Service Vehicles) (Restriction on Night Driving) Regulations
Road Traffic (Public Service Vehicles) (Global Positioning System) Regulations
Road Traffic (Seat-Belt and Child Car Seat) Regulations
Road Traffic (Public Service Vehicles) (Driving Hours) Regulations
Road Traffic (Removal of Vehicles) Regulations
Road Traffic (Public Service Vehicles) (Exemption from Registration and Licensing) Regulations
Road Traffic (City of Ndola) (Prohibition of Traffic) Regulations
Road Traffic (Obligatory Test Certificate) Regulations
Road Traffic (Obligatory Test Certificate) (Exemption) Regulations
Road Traffic (Protective Helmets) Regulations
Road Traffic (Disposal of Impounded Motor Vehicles) Regulations
Road Traffic (Prohibition of Loading and Offloading in Kabwe Municipality) Regulations
Road Traffic (Speed Limits) Regulations
Road Traffic (Driving Licence) Regulations
Road Traffic (Fees) Regulations
ROAD TRAFFIC ACT (COMMENCEMENT) ORDER
[Section 1]
Arrangement of Paragraphs
Paragraph
2. Commencement of Act 15 of 2002
SI 61 of 2004.
This Order may be cited as the Road Traffic Act (commencement) Order.
2. Commencement of Act 15 of 2002
The Road Traffic Act, 2002 shall come into operation on the date of the publication of this Order.
ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (OPERATING TIME) NOTICE
[Sections 119 and 233]
Arrangement of Paragraphs
Paragraph
3. Restriction of hours of operation of public service vehicles etc.
SI 65 of 2005.
This Notice may be cited as the Road Traffic (Public Service Vehicles) (Operating Time) Notice.*
In this Notice unless the context otherwise requires-
"Act" means the Road Traffic Act, 2002;
"Agency" means the Road Transport and Safety Agency;
"public service vehicle" means any motor vehicle or trailer used for conveying passengers or goods for reward.
3. Restriction of hours of operation of public service vehicles etc.
(1) No person shall drive or operate a public service vehicle specified in the Schedule on a public road from 20:00 hours in the night to 05:00 hours in the morning.
(2) Any person who drives or causes or permits any person employed by the person or subject to that person' orders to drive a public service vehicle or truck and trailer during the hours specified in sub-paragraph (1) commits an offence and shall be liable, on conviction, to the penalty specified in section 225 of the Act.
[Paragraph 3]
VEHICLES WHICH SHALL NOT BE OPERATED ON A PUBLIC ROAD FROM 20:00 HOURS TO 05:00 HOURS
1. Intercity or Town passenger carrying public service vehicles.
2. Trucks and trailers.
ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (SPEED LIMITER) REGULATIONS
[Section 233]
Arrangement of Regulations
Regulation
3. Requirement to fit speed limiter on public service vehicles
4. Inspection of speed limiter
Act 11 of 2002,
SI 19 of 2006.
These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Speed Limiter) Regulations.
In these Regulations unless the context otherwise requires-
"speed limiter" means a device fitted into a public service vehicle to prevent such vehicle from exceeding a prescribed speed limit.
3. Requirement to fit speed limiter on public service vehicles
(1) Every public service vehicle which is authorised to carry passengers or goods shall be equipped by the owner of the vehicle with a speed limiter capable of regulating the speed of the motor vehicle.
(2) The owner or person in charge of the public service vehicle shall at all times maintain the speed limiter in good working order.
4. Inspection of speed limiter
A driver or person in charge of a public service vehicle shall, on demand by a road traffic officer in uniform or a police officer, authorise such officer to inspect the speed limiter referred to in regulation 3.
Any driver or person in charge of a public service vehicle who-
(a) contravenes the provisions of regulation 3; or
(b) obstructs a road traffic officer in uniform or a police officer in the performance of duties under Regulation 4; or
(c) in any way interferes with a speed limiter fitted on a public service vehicle;
commits an offence and shall be liable, on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months, or to both.
ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (GENERAL SPEED LIMIT REGULATIONS
[Sections 148 and 233]
Arrangement of Regulations
Regulation
3. Speed limits for public service vehicle carrying passengers
4. Speed limits for public service vehicle carrying goods
SI 55 of 2006.
These Regulations may be cited as the Road Traffic (Public Service Vehicles) (General Speed Limit) Regulations.
In these Regulations unless the context otherwise requires-
"inter city route" means a route whose final destination point lies outside the confines of a local route and falls within another local authority area;
"local authority" means a city council, municipal council or district council established under the Local Government Act;
"local route" means a route within the confines of a local authority area or within a radius of 50 kilometres from the main post office of the local authority; and
"peri-urban route" means a route whose final destination point is outside the confines of a local route.
3. Speed limits for public service vehicle carrying passengers
(1) Notwithstanding any other Regulations, every driver of a public service vehicle which is authorised to carry passengers shall not exceed the speed limit specified in sub-regulations (2) to (4).
(2) Any person who drives a public service vehicle with a seating capacity of up-to 25 passengers shall not exceed a speed of 65 kilometres per hour when operating on a local route.
(3) Any person who drives a public service vehicle with a seating capacity of between 26 to 35 passengers shall not exceed a speed of 80 kilometres per hour when operating on a peri urban route.
(4) Any person who drives a public service vehicle with a seating capacity of 36 and above passengers shall not exceed a speed of a hundred kilometres per hour when operating on an inter city route.
4. Speed limits for public service vehicle carrying goods
(1) Notwithstanding any other Regulations, every driver of a public service vehicle which is authorised to carry goods shall not exceed the speed limits specified in sub-regulation (2).
(2) Any person who drives a public service vehicle carrying goods-
(a) shall not exceed a speed of 65 kilometres per hour when operating on a local route; and
(b) shall not exceed a speed of 80 kilometres per hour when operating on an inter city route.
Any person who contravenes the provisions of these Regulations commits an offence and shall be liable, on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a period of three months, or to both.
ROAD TRAFFIC ACT (BLOOD AND BREATH ALCOHOL CONTENT) (PRESCRIPTION) REGULATIONS
[Section 233]
Arrangement of Regulations
Regulation
3. Prescription of blood and breath alcohol content
4. Revocation of S.I. No. 66 of 2005
SI 102 of 2007.
These Regulations may be cited as the Road Traffic (Blood and Breath alcohol Content) (Prescription) Regulations.
In these Regulations, unless the context otherwise requires-
"Act" means the Road Traffic Act, 2002; and
"Agency" means the Road Transport and Safety Agency.
3. Prescription of blood and breath alcohol content
For the purposes of section 158 of the Act, a person arrested for an offence under section 156 or 157 and who upon examination is found to have a blood alcohol content exceeding 0.8 milligrammes per mililitre or 80 miligrams or alcohol per 210 litres of breath shall be deemed to have been under the influence of intoxicating liquor, to such an extent as to have been incapable of having proper control of a motor vehicle, at the time when in charge of a motor vehicle on a road or when the person was driving or attempting to drive a motor vehicle on a road.
4. Revocation of S.I. No. 66 of 2005
The Road Traffic (Public Service Vehicles) (Blood Alcohol Content) (Prescription) (Regulations, 2005, are hereby revoked.
ROAD TRAFFIC (MARKING) REGULATIONS
[Section 233]
Arrangement of Regulations
Regulation
3. Requirement to place marking on heavy vehicle or trailer
SI 94 of 2009.
These Regulations may be cited as the Road Traffic (Marking) Regulations.
In these Regulations, unless the content otherwise requires-
"heavy vehicle" has the meaning assigned to it in the Act;
"marking" means a retro-reflective rectangular strip, or a series of retro-reflective strips, placed on a heavy vehicle or trailer, in a manner that identifies the entire length and width of the heavy vehicle or trailer when viewed from the side or rear of the heavy vehicle or trailer; and
"trailer" means any vehicle that has no independent motive power of its own and that is drawn, or is designed to be drawn, by a motor vehicle, but excludes a side car attached to a motor-cycle or a farm implement that is not constructed or adapted for the conveyance of goods or a burden of any description.
3. Requirement to place marking on heavy vehicle or trailer
(1) An owner or a person in charge of a heavy vehicle or trailer shall place a marking on the heavy vehicle or trailer.
(2) An owner or a person in charge of a heavy vehicle or trailer shall, at all times, maintain themarking in good working order and retro-reflectivity.
(3) An owner or a person in charge of a heavy vehicle or trailer shall, on demand by a road traffic officer or a police officer, authorise the officer to inspect the marking on the heavy vehicle or trailer.
A person who contravenes Regulation 3, commits an offence and is liable, upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both.
ROAD TRAFFIC (CHEVRON SIGNS) REGULATIONS
[Section 233]
Arrangement of Regulations
Regulation
3. Requirement to place marking on heavy vehicle or trailer
SI 95 of 2009.
These Regulations may be cited as the Road Traffic (Chevron Signs) Regulations.
In these Regulations, unless the content otherwise requires-
"Chevron sign" means a retro-reflective strip, or a series of retro-reflective strips, arranged in a chevron pattern on the rear of a heavy vehicle or trailer;
"heavy vehicle" has the meaning assigned to it in the Act;
"trailer" means any vehicle that has no independent motive power of its own and that is drawn, or is designed to be drawn, by a motor vehicle, but excludes a side car attached to a motor-cycle or a farm implement that is not constructed or adapted for the conveyance of goods or a burden of any description.
3. Requirement to place marking on heavy vehicle or trailer
(1) An owner or a person in charge of a heavy vehicle or trailer shall place a marking on the heavy vehicle or trailer.
(2) An owner or a person in charge of a heavy vehicle or trailer shall, at all times, maintain the chevron sign in good working order and retro-reflectivity.
(3) An owner or a person in charge of a heavy vehicle or trailer shall, on demand by a road traffic officer or a police officer, authorise the officer to inspect the chevron sign on the heavy vehicle or trailer.
A person who contravenes regulation 3, commits an offence and is liable, upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both.
ROAD TRAFFIC (SCHOOL TRAFFIC WARDENS) NOTICE
[Sections 172 and 233]
Arrangement of Paragraphs
Paragraph
2. Appointment of school traffic wardens
3. Prescription of uniform for school traffic wardens
SI 96 of 2009.
This Notice may be cited as the Road Traffic (School Traffic Wardens) Notice.
2. Appointment of school traffic wardens
The persons whose names are set out in the First Schedule to this Notice are hereby appointed as school traffic wardens, for three years, in respect of the schools set out in the Schedule.
3. Prescription of uniform for school traffic wardens
A school traffic warden shall wear a uniform prescribed in the Second Schedule to this Notice.
[Paragraph 2]
SCHOOL TRAFFIC WARDEN
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[Paragraph 2]
PRESCRIBED UNIFORMS
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1. |
Reflective Jacket |
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Colour |
Olive Green, Orange |
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Fabric |
100 per cent nylon |
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Special Features |
Road Transport and Safety Agency (RTSA) Logo |
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printed on left breast and retro reflective silver grey |
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lines on front and back sides |
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2. |
Road Block Gloves |
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Colour |
White |
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Fabric |
100 per cent nylon |
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3. |
Caps |
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Colour |
Olive Green Orange |
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Fabric |
100 per cent nylon |
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4. |
Reflective Cones |
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Colour |
Orange |
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Size |
Small |
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Material |
PVC |
ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) REGULATIONS
[Section 233]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
PART II
PRESCRIBED FORMS AND FEES
PART III
LICENSING OF PUBLIC SERVICE VEHICLES
5. Applications for road service licence and for variation of terms or conditions of licence
6. Written representations or objections
8. Replacement of authorised vehicles
9. Interchangeability of omnibuses used partly under concession and road service licence
10. Suspension of road services by operator
11. Death, bankruptcy, etc., of holder of road service licence or short-term road service licence
PART IV
USE OF PUBLIC SERVICE VEHICLES
13. Trailers and passenger vehicles
14. Duties of driver or conductor
15. Identification of passenger public service vehicles
16. Feature of taxicab and omnibus
18. Use of designated taxicab ranks
21. Unlawful behaviour by passenger
22. Inflammable liquid in passenger carrying public service vehicles
23. Matters to be displayed or inscribed on omnibus
26. Uniform for taxicab or omnibus drivers
PART V
GENERAL PROVISIONS
27. Establishment of taxis association
28. Exemption from road service licence
Act 11 of 2002,
SI 63 of 2013,
SI 46 of 2020,
SI 110 of 2021.
PART I
PRELIMINARY
(1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) Regulations.
(2) These Regulations shall come into effect on the expiry of a period of 30 days after the date on which they are published in the Gazette.
[ED note: SI 39 of 2013 was also published in the Gazette with the same name. SI 63 of 2013 is published with addition of the Fourth Schedule and also with some changes in the content. Except these, the matters are one and the same and hence we retain the latest SI i.e., 63 of 2013.]
In these Regulations, unless the context otherwise requires-
"composite vehicle" means a motor omnibus in which the carrying of goods in addition to passengers is authorised;
"double-decked motor omnibus" means a motor omnibus having two decks one of which is wholly or partly above the other and each deck of which is provided with a gangway serving seats on that deck only; and
"single-decked motor omnibus" means a motor omnibus upon which no part of a deck or gangway is vertically above another deck or gangway.
PART II
PRESCRIBED FORMS AND FEES
The forms set out in the First Schedule shall be used in the cases to which they are respectively applicable in carrying out the provisions of the Act and these Regulations.
(1) The fees specified in the Road Traffic (Fees) Regulations, 2021, are the fees payable in respect of the matters set out in these Regulations.
(2) Where an appeal to the Tribunal is successful, the whole of the fee paid, or such other portion of the fee as the Tribunal may direct, shall be refunded to the appellant.
[Reg 4 subs by reg 2 of SI 110 of 2021.]
PART Ill
LICENSING OF PUBLIC SERVICE VEHICLES
5. Application for road service licence and for variation of terms or conditions of licence
(1) An application for a road service licence or for the variation of the terms or conditions of a licence held by the applicant shall be signed by the person requiring that licence or variation, or, if made by a corporate body or partnership firm, shall be signed by the person duly authorised in that behalf by that body, or a partner of the partnership firm, as the case may be.
(2) A road service licence shall not be granted if the motor vehicle proposed to be used as a taxicab is a tricycle or a motorcycle.
[Reg 5(2) am by reg 2 of SI 46 of 2020.]
6. Written representations or objections
(1) Subject to sub-regulation (3), written notice of objections or other representations made under sub-section (8) of section 108 of the Act shall be in the form prescribed in the Third Schedule and shall be sent to the Director so as to reach the Director not later than 30 days after the notice of application required by that sub-section has appeared in the Gazette.
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