CHAPTER 69:01
ROAD TRAFFIC

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Appointment of officers

 

   4.   Classification of motor vehicle

 

 

 

PART II
Registration of Vehicles

 

   5.   Records of vehicles

 

   6.   Motor vehicles and trailers to be registered

 

   7.   Inspection fee

 

   8.   Owner of vehicle

 

   9.   Change of ownership

 

   10.   Registration of vehicles imported into Botswana

 

   11.   Vehicles to carry identification plates

 

   12.   Production of registration books

 

   13.   Cancellation of registration in certain cases

 

   14.   Offences and penalties

 

   15.   Exemptions

 

 

 

PART III
Motor Vehicle Licences

 

   16.   Motor vehicles to be licensed

 

   17.   Application for motor vehicle licence

 

   18.   Conditions for the issue of motor vehicle licences

 

   19.   Motor vehicle licences

 

   20.   Licence to be carried on vehicle

 

   21.   Duplicate motor vehicle licences

 

   22.   New motor vehicle licence required in certain circumstances

 

 

 

PART IV
Motor Dealers' Licences

 

   23.   Motor dealer's licence

 

   24.   Use of motor dealer's licence

 

   25.   Duration of motor dealer's licence

 

   26.   Cancellation of motor dealer's licence

 

   27.   Motor dealer's licence not to be transferred without authority

 

 

 

PART V
Recovery of Fees and Penalties

 

   28.   Recovery of licence fees by civil process

 

   29.   Penalties

 

 

 

PART VI
Driving Licences

 

   30.   Drivers to be licensed

 

   31.   Conditions for granting of driving licence

 

   32.   Provisional driving licence

 

   33.   Age limits for granting of driving licences

 

   34.   Form of application

 

   35.   Driving licences to members of security forces

 

   36.   ......

 

   37.   Form of driving licence

 

   38.   Duplicate licences

 

   39.   Driving test

 

   40.   Suspension, etc. of driving licence or permit

 

   41.   Driving instructors' certificates

 

   42.   No penalty prescribed

 

   43.   .....

 

 

 

PART VII
Driving and other Offences Relating to the Use of Vehicles
on Roads

 

   44.   Speed limit

 

   44A.   Detecting devices

 

   45.   Penalties in relation to speed

 

   46.   Driving, or being in charge, when under influence of drink or drugs

 

   47.   Power to require breath specimen

 

   48.   Evidence on charge of unfitness to drive through drink or drugs or causing death thereby

 

   49.   Reckless and dangerous driving generally

 

   50.   Causing death by reckless driving, etc.

 

   51.   Careless and inconsiderate driving

 

   52.   Alternative offences

 

   53.   Mandatory disqualification

 

   54.   Power of arrest

 

   55.   Right to demand name and address

 

   56.   Proper fuel to be used in motor vehicles

 

   57.   Signals and signs to be obeyed

 

   58.   Offences relating to parking bays and areas

 

   59.   Vehicles not to obstruct roads

 

   60.   Racing, pacemaking and trial of speed

 

   61.   Condition of vehicles

 

   62.   Limitation

 

   63.   Exemptions

 

   64.   Penalty for improper condition or overloading

 

   65.   Obstructing driver of motor vehicle

 

   66.   Motor cycles

 

   67.   Riding in a dangerous position

 

   68.   Restriction on towing and mounting a vehicle

 

   69.   Causing damage to a vehicle

 

   70.   Tampering with a vehicle

 

   71.   Taking a vehicle without authority

 

   72.   Unattended motor vehicles

 

   73.   Offences in connection with level crossings

 

   74.   Offences and penalties

 

 

 

PART VIII
Regulation of Traffic

 

   75.   ......

 

   76.   Highway Code

 

   77.   Police empowered to regulate traffic

 

   78.   Traffic signs

 

   79.   Closure of roads

 

   80.   Injury to bridge and roads

 

   81.   Power of road authority to instal parking meters

 

 

 

PART IX
Accidents

 

   82.   Duty to stop and report

 

   83.   Penalties for not stopping and reporting

 

   84.   Police empowered to inspect and remove and detain vehicles involved in an accident

 

 

 

PART X
Powers of Court, Disqualification, etc.

 

   85.   Powers of court

 

   86.   Right of appeal

 

   87.   Effects of disqualification or suspension

 

   88.   Driving whilst disqualified

 

   89.   Fraudulent application for driving licence

 

   90.   Particulars of endorsement to be inserted in new licence

 

   91.   Applying for licence without disclosing endorsement

 

   92.   Issue of new licence free from endorsement

 

 

 

PART XI
Offences by Drivers of Vehicles other than Motor Vehicles

 

   93.   Driving under the influence of drink

 

   94.   Reckless driving

 

   95.   Careless driving

 

   96.   Restrictions on riding cycles

 

 

 

PART XII
Miscellaneous Provisions as to Roads

 

   97.   Restrictions on pedestrians

 

   98.   Pedestrian crossings

 

   99.   Restrictions on animal-drawn vehicles on roads

 

   100.   Offences in connection with roads

 

   101.   Offences in connection with gates by which cattle might gain access to certain roads

 

   102.   Encroachment on and damage to roads

 

   103.   Prohibition on use of tracked vehicles

 

   104.   Restriction with regard to use of bridge

 

   105.   Non-liability of road authority for damage

 

   106.   Requirements for certain public service vehicles

 

   106A.   Penalties

 

 

 

PART XIII
Public Service Vehicles

 

   107.   Requirements for certain public service vehicles

 

   108.   Application for public service vehicle permit

 

   109.   Issue and conditions of public service permit

 

   110.   Drivers and conductors of public service vehicles

 

   111.   Power to cancel permit and disqualify

 

   112.   Right of appeal

 

   113.   Passengers and loads

 

   114.   Touting

 

   115.   Penalties

 

 

 

PART XIV
General

 

   116.   Inspection of vehicles

 

   117.   Removal of vehicles from road

 

   118.   Detention of vehicles

 

   119.   Certificates admissible in evidence

 

   120.   Owner or other person to furnish name and address of driver of vehicle

 

   121.   Owner to keep list of drivers employed

 

   122.   Verification of facts

 

   123.   Giving false information

 

   124.   Fraudulent imitation, etc. of documents

 

   125.   Endorsement of licence to be proof of conviction

 

   126.   Notice to attend court

 

   127.   Axle load, weight and dimensions

 

   128.   Scheduled traffic offences

 

   129.   General penalty

 

   130.   Regulations

 

   131.   Road Safety Committee and National Road Safety Fund

 

   132.   Power to suspend, and exempt from, certain provisions

 

   133.   Admission of guilt

 

 

 

      Schedule

 

 

Act 43, 1972,
S.I. 144, 1974,
Act 28, 1975,
Act 7, 1977,
Act 19, 1978,
S.I. 134, 1978,
Act 4, 1982,
Act 18, 1983,
Act 15, 1989,
Act 16, 1992,
Act 18, 1993,
S.I. 31, 1998,
Act 6, 2001,
Act 13, 2002,
Act 27, 2008,
S.I. 25, 2009.

An Act to provide for the registration and licensing of motor vehicles; for the issue of driving licences; for the creation of offences relating to the use of vehicles and for the regulation of traffic; and for matters incidental thereto.

[Date of Commencement: 1st January, 1975]

PART I
Preliminary
(ss 1-4)

 

1.   Short title

   This Act may be cited as the Road Traffic Act.

 

2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "articulated vehicle" means a combination of vehicles comprising a motor vehicle and semi-trailer coupled to the motor vehicle;

   "authorized officer" means a person specially or generally authorized by the Minister for the matter in question;

   "bridge" includes culvert and causeway;

   "bus" means a motor vehicle having seating accommodation for more than 30 passengers and not more than 100 passengers on a single deck, exclusive of the driver;

   "call-cab" means a light motor vehicle having seating capacity for not more than four passengers, exclusive of the driver, and available for hire or operated for reward from a defined private place;

   "carriageway" means the part of a road normally used by vehicular traffic, including those portions commonly known as the shoulders, but excluding any portion of any such road which is set aside for use by pedestrian traffic;

   "cattle" includes oxen, bulls, cows, horses, camels, mules, donkeys, sheep, goats and swine;

   "combination of vehicles" means coupled vehicles which travel on the road as a unit;

   "commercial vehicle" means a motor vehicle wholly or primarily constructed or adapted for the carriage of goods or burdens of any description in connection with any trade, business or agriculture, but does not include any type or class of motor vehicle which the Director may, by notice in the Gazette, declare not to be a commercial vehicle for the purposes of this Act;

    "conductor permit" means an authorisation issued to a person employed by a public service vehicle operator to handle fees from passengers and handle luggage of passengers;

    "conversion" means the replacement of a driving licence obtained outside Botswana with a new Botswana driving licence;

   "cycle" means any vehicle with one or more wheels which is propelled by the muscular energy of the driver acting on the pedals;

    "demerit point" means a point incurred by a person who has contravened any offence under this Act

    "detecting device" means a device prescribed as a traffic offence detecting device for the purposes of this Act;

   "Director" means the Director of Road Transport and Safety appointed under section 3;

   "double-deck bus" means a bus having an upper and lower deck with seats exceeding 100 passengers, exclusive of the driver;

   "drive", in relation to a vehicle, includes the steering of such vehicle;

   "driver", in relation to a vehicle, means any person who drives or guides, or is in actual physical control of, any vehicle, and in relation to cattle, means the person in charge or control of the cattle;

   "driving licence" means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by virtue of any regulations made under this Act;

    "driving school" means a business licensed under this Act which employs for a reward, licensed driving instructors to instruct or supervise any person in the driving of a motor vehicle on a road;

   "driving test examiner" means any person appointed to be a driving test examiner under section 3(1)(b);

   "gross vehicle mass (GVM)" means the maximum weight of a vehicle and its load as specified by the manufacturer or, in the absence of such specification, as determined by a competent authority;

   "hazardous goods" means dangerous goods or substances which shall include but not be limited to packages, unit load, bulk containers, bulk transportation equipment, petroleum-based flammable liquids and other objects that are considered hazardous or dangerous in terms of the following Acts-

 

   (a)   Explosives Act;

 

   (b)   Fire Services Act;

 

   (c)   Mines and Minerals Act;

 

   (d)   Wildlife Conservation and National Parks Act;

 

   (e)   Atmospheric Pollution (Prevention) Act; or

 

   (f)   Arms and Ammunition Act.

    "heavy commercial vehicle" means a commercial motor vehicle wholly or primarily constructed or adapted for the carriage of goods the gross weight of which exceeds 7500 kg;

   "heavy motor vehicles" has the meaning ascribed to it by section 4(2)(c);

   "heavy trailer" means a trailer of a GVM exceeding 750 kg;

   "identification plate" means one of the prescribed number of identification plates required to be carried on a motor vehicle under section 11 or section 24;

    "institutional vehicle" means a vehicle registered under the name of any formal institution such as training colleges, universities, schools, churches, Government and parastatal organisations;

   "laden weight" means the actual weight of the vehicle as loaded, with the crew and passengers on board;

   "licensing officer" means a licensing officer appointed under section 3(2);

   "light trailer" means any trailer of a GVM not exceeding 750 kg;

   "light vehicle" means a motor vehicle other than a motor cycle having a permissible maximum weight not exceeding 3 500 kilograms;

    "light commercial vehicle" means a commercial motor vehicle wholly or primarily constructed or adapted for the carriage of goods the gross weight of which does not exceed 7500 kg;

   "main road" means any road declared to be a main road under section 100;

   "mini-bus" means a motor vehicle having seating capacity for more than 11 but not more than 15 passengers, exclusive of the driver;

   "midi-bus" means a motor vehicle having seating capacity for more than 15 passengers but not more than 30 passengers, exclusive of the driver;

    "motor car" means a motor vehicle having seating accommodation for not more than seven passengers excluding the driver, but does not include a motor cycle;

    "motor cycle" means any two or three or four-wheeled vehicle as prescribed under section 4;

   "motor dealer" means any person who deals by way of business in motor vehicles or trailers including a manufacturer and a repairer of such vehicles;

   "motor dealer's licence" means a licence issued under section 23;

   "motor omnibus" means-

 

   (a)   a public service vehicle having seating accommodation for more than seven passengers exclusive of the driver; or

 

   (b)   a motor vehicle having seating accommodation for more than 11 passengers exclusive of the driver;

   "motor vehicle" means any vehicle, self-propelled by mechanical or electrical power, but excluding any vehicle running on a specially prepared way such as a railway or tramway or cables and such other vehicles as the Minister may, from time to time by notice published in the Gazette, declare not to be motor vehicles for the purposes of this Act;

   "motor vehicle examiner" means any person appointed to be a motor vehicle examiner under section 3(1)(b);

   "motor vehicle licence" means a motor vehicle licence issued under Part III;

   "owner", in relation to a vehicle, includes the owner, joint owner or part owner of a vehicle and, where a vehicle is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;

    "permit" means an authorisation issued under section 108 of the Act;

   "physically disabled" means any person driving a light motor vehicle with automatic transmission and adapted and clearly marked with a badge for driving by handicapped persons and which may make use of the facility, road, or portion of the road indicated by an appropriate road sign;

   "plying for hire" includes-

 

   (a)   standing on any public taxi stand;

 

   (b)   being offered for hire by any notice, advertisement or announcement, or any express or implied invitation;

 

   (c)   standing or travelling whilst exhibiting a "For Hire" notice of any kind;

    "private hire vehicle" means any public service vehicle used for the conveyance of passengers or goods for rental purposes;

   "Professional Driving Permit (PrDP)" means, respectively, one of the permits issued under section 106;

   "provisional licence" means a licence to drive a motor vehicle issued under section 32;

   "public service vehicle" means any vehicle which is licenced under Part XIII to-

 

   (i)   carry passengers or goods for hire or reward or on own account; or

 

   (ii)   ply for hire or reward or is let out for hire or reward;

   "qualified person" means a pathologist, police officer, medical practitioner, laboratory technician, intern or houseman, forensic analyst, laboratory scientist or registered nurse of or above the rank of staff nurse or such other person as the Minister may prescribe;

   "registered owner" means the person in whose name a vehicle is registered under section 6;

   "registration book" means the registration book issued by the Director in respect of a vehicle under section 6(5);

   "registration number" means the number allocated to a vehicle when it is registered under section 6(5);

   "road" means the entire surface of any way, road, street, thoroughfare, wharf, car park, footpath, bridle-path or road reserve on which a vehicle is capable of travelling and to which the public have access, and includes-

 

   (a)   any bridge, drift, ford or ferry traversed thereby;

 

   (b)   any road established, proclaimed or recognised as such under the provisions of any written law; and

 

   (c)   any road however created which, before or after the commencement of this Act, has been in the undisturbed use of the public or which the public has had the right to use during a period of not less than three years:

   Provided that in any prosecution under this Act the road on which the offence is alleged to have occurred shall be presumed to be a road to which the public has access, or which has been in the undisturbed use of the public, or which the public have had a right to use, for not less than three years, unless the contrary is proved;

   "road authority", where a road in any area or district has been lawfully vested in a local authority or any other person, means such local authority or such person, and where a road has not been so vested means such public officer as the Minister may, by notice published in the Gazette, appoint to be the road authority for that road for the purposes of this Act;

   "school-bus" means a motor vehicle used solely for the conveyance of school children from place of abode to a school and vice versa or to undertake extra-curricula activities;

   "tare weight" means the weight of a vehicle when unladen without the crew, passengers or load, but with a full standard supply of fuel and with the tools and spare parts which the vehicle normally carries;

   "taxi" means any public service vehicle having seating accommodation for not more than four passengers, excluding the driver, which is licensed under this Act or any other written law relating to the licensing and operation of taxi to ply for hire from a taxi rank or other public place;

    "tractor" means an agriculture vehicle designed or adapted solely for agricultural activities and does not include a road or passenger vehicle;

   "traffic sign" means any sign, signal, signpost, notice, light or other device or object, whether fixed or portable, erected or in any way displayed upon or adjacent to any road by or with the consent of the road authority, for the purpose of warning, regulating, restricting or prohibiting traffic and vehicles of any kind on a road and includes any line, mark, words or other sign on the surface of the road for conveying such warning, regulation, restriction or prohibition:

   Provided that all traffic signs shall conform to any regulations as to size, colour and type which may be prescribed under this Act;

   "trailer" means any vehicle without motive power designed to be drawn by a motor vehicle, whether or not part of the trailer is superimposed on the drawing vehicle, but does not include a sidecar attached to a motor cycle;

   "train-bus" means a bus which-

 

   (i)   consists of two sections connected to form a unit;

 

   (ii)   can swivel in a horizontal plane at the connection between such sections; and

 

   (iii)   is designed or adapted solely or principally for the conveyance of at least 100 passengers, exclusive of the driver;

   "unladen weight" means the weight of the vehicle without crew, passengers or load, but with a full supply of fuel, oil, grease, spare wheel and with the tools which the vehicle normally carries.

   "vehicle" means any conveyance or structure which is designed to be propelled or drawn on land, and includes a motor vehicle, a trailer and an aircraft when such aircraft is stationary or in motion upon a road, but excludes a conveyance propelled or drawn by a human being and designed and used for transporting infants or infirm persons.

   (2) A vehicle shall for the purposes of this Act or any regulations made thereunder be deemed to be used when it is on a road, whether it is stationary or moving, and a person shall be deemed to use a vehicle if he is the owner thereof, or is the person in possession, charge or control thereof, or is the driver thereof or if he is the person who caused it to be used.

 

3.   Appointment of officers

   (1) The Minister shall, by notice published in the Gazette, appoint-

 

   (a)   a Director of Road Transport and Safety, who shall have such duties relating to the administration of this Act, as the Minister may, from time to time, determine, which duties the Director may, with the consent of the Minister, delegate to any public officer;

 

   (b)   such motor vehicle examiners and driving test examiners as may be necessary for carrying out the purposes and provisions of this Act and any regulations made thereunder.

   (2) The Director shall, by notice published in the Gazette, appoint such licensing officers as may be necessary for carrying out the purposes and provisions of this Act.

 

4.   Classification of motor vehicle

   (1) This Act shall apply to all motor vehicles and other traffic on a road and other surfaces normally used by motor vehicles.

   (2) For the purposes of this Act and any regulations made thereunder, motor vehicles shall be divided into the following classes-

 

   (a)   motor cycles-

 

      (i)   (A1) not exceeding 125 cubic centimetres (cc) engine capacity and not exceeding 230 kg GVM;

 

      (ii)   (A) exceeding 125 cubic centimetres engine capacity or 230 kg GVM;

 

   (b)   light motor vehicles-

 

      (B) light motor vehicles not exceeding 3500 kg GVM;

 

   (c)   heavy motor vehicles-

 

      (i)   (C1) heavy motor vehicles with GVM exceeding 3500 kg GVM but not more than 16000 kg GVM;

 

      (ii)   (C) heavy motor vehicles with GVM exceeding 16000 kg;

 

   (d)   combination of vehicles-

 

      (i)   (EB) combination of vehicles with a light motor vehicle not exceeding 3500 kg GVM and a light trailer (exceeding 750 kg GVM);

 

      (ii)   (EC1) combination of vehicles with a heavy motor vehicle exceeding 3500 kg GVM but not exceeding 16000 kg with a trailer not exceeding 750 kg GVM; and

 

      (iii)   (EC) combination of vehicles with a heavy motor vehicle exceeding 16000 kg GVM and one or more trailers exceeding 750 kg GVM;

 

   (e)   tractors-

 

      (F) a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers;

 

   (f)   Professional Driving Permit [PrDP "P" (Passengers), "G" (Goods) "H" (Hazardous)-

 

      (i)   the vehicle classes to which the PrDP "P" shall apply include call-cab, taxi, mini-bus, midi-bus, schoolbus, bus, train-bus, double-deck bus, and special;

 

      (ii)   the vehicle classes to which the PrDP "G" shall apply include a motor vehicle other than a motor cycle or motor car, designed or adapted for the conveyance of goods and in the process of loading or off-loading goods on a public road for hire and reward or on own account;

 

      (iii)   the vehicle classes to which the PrDP "H" shall apply include any vehicle used for the conveyance of hazardous substances.

 

   (g)   special types-

 

      (H)   motor vehicles as may be specially authorised by the Director.

PART II
Registration of Vehicles
(ss 5-15)

 

5.   Records of vehicles

   (1) The Director shall keep records of all motor vehicles and trailers registered in Botswana, and shall cause every licensing officer to keep records of all vehicles registered by him.

   (2) Vehicle records maintained by the Director or a licensing officer shall be open for inspection by any police officer, and any other person duly authorized by the Minister, who shall be entitled to copy any entry in such records free of charge.

   (3) Any person who satisfies the Director that he has reasonable cause therefor shall be entitled, on payment of the prescribed fee, to a copy of any entry in such vehicle records.

 

6.   Motor vehicles and trailers to be registered

   (1) No person shall own, possess or use a motor vehicle or trailer unless such motor vehicle or trailer is registered under this Act:

   Provided that this subsection shall not apply in the case of-

 

   (i)   an unregistered vehicle which is owned by and in the possession of a motor dealer for the purposes of sale;

 

   (ii)   a vehicle which is lawfully used under the authority of and in accordance with the conditions of a motor dealer's licence issued under section 23;

 

   (iii)   a vehicle which is being driven to or from any place specified by a licensing officer for inspection or testing, or while it is being tested by a motor vehicle examiner;

 

   (iv)   a vehicle lawfully brought into Botswana in accordance with any regulations made by the Minister under section 130; or

 

   (v)   a vehicle exempted under the provisions of this Act.

   (2) Application for the registration of any motor vehicle or trailer shall be made to a licensing officer in the prescribed form and shall be accompanied by the prescribed fee:

   Provided that where a person satisfies the licensing officer that he has been authorized in writing for the purpose of this section, by a person who is absent from Botswana to make application on his behalf for the registration of a vehicle, the application form may be signed by the person so authorized.

   (3) Before registering a motor vehicle or trailer a licensing officer shall, if the vehicle or trailer is over three years old at the time of application, or may in any other case if he thinks fit, require the vehicle or trailer to be inspected by a motor vehicle examiner in order to satisfy himself that the vehicle or trailer is in a fit and proper condition for the purpose for which it is intended to be used, and conforms in all respects to the requirements of this Act.

   (4) If an application is made to register a motor vehicle or trailer the weight or load capacity of which has not been declared by the manufacturers of the chassis, the licensing officer shall not register the vehicle until a motor vehicle examiner has determined its weight and load capacity, such determination being final.

   (5) The licensing officer shall, on being satisfied as to the accuracy of the particulars contained in a form of application for the registration of a motor vehicle or trailer and as to the other matters regarding which he is required to be satisfied under this section, issue to the owner of the vehicle and in his name a registration book in the prescribed form containing the registration number allocated to the vehicle and particulars of the vehicle.

   (6) A registration book or duplicate thereof issued under this section shall be proof of the registration of the vehicle, the name of the registered owner and the registration number of the vehicle.

   (7) The licensing officer shall furnish the Director with details of the contents of every registration book issued under this section and the Director shall enter those details in his records.

   (8) If a registration book has been lost, destroyed, or defaced, or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Director shall, if satisfied as to such loss, destruction, defacement or illegibility, and upon payment of the prescribed fee, issue a duplicate of the said registration book:

   Provided that-

 

   (i)   the Director shall cancel and destroy any defaced or illegible registration book; and

 

   (ii)   where any registration book which has been lost is subsequently found such book, or the duplicate thereof, shall forthwith be returned to the Director for cancellation and destruction.

   (9) In the event of any change of circumstances which affects the accuracy of the registered particulars of a motor vehicle or trailer, the owner thereof shall forthwith inform the Director of such change, shall forward to him the registration book in order that it may be amended or cancelled, and shall supply the Director with any further information that may be required. If any registered motor vehicle or trailer is broken up, stolen, destroyed, or becomes permanently unfit for use as a motor vehicle or trailer, or is removed permanently from Botswana, the Director shall cancel the registration of the vehicle.

   (10) If a licensing officer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered, or is of a type so registered but constructed according to different specifications, he may refuse to register the vehicle until plans or specifications thereof have been submitted to and approved by the Director.

 

7.   Inspection fee

   Where a vehicle is required to be inspected by a motor vehicle examiner under the provisions of this Part, the owner of such vehicle shall, before any inspection is carried out, pay the prescribed fee to a licensing officer.

 

8.   Owner of vehicle

   The person in whose name a vehicle is registered shall, unless the contrary is proved, be deemed to be the owner of the vehicle for the purposes of this Act, or for the purpose of any criminal or civil proceedings arising under or by virtue of this Act.

 

9.   Change of ownership

   (1) A vehicle, the ownership of which has been transferred by the registered owner thereof, shall not be used on a road for more than seven days after the date of such transfer unless the new owner is registered as the owner thereof.

   (2) Upon the transfer of ownership of a vehicle, the registered owner thereof shall immediately deliver to the new owner the registration book in respect of the vehicle and the new owner shall within seven days immediately after the delivery to him of the registration book deliver the same together with the prescribed fee to a licensing officer in order that the vehicle may be registered in his name.

   (3) Subsections (1) and (2) shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months, or where the registered owner continues to employ and pay the driver of the vehicle.

   (4) Application for registration of a new owner may be made before the actual transfer of the vehicle, but the registration of a new owner shall not be effective until the registration book has been surrendered to and reissued by a licensing officer.

   (5) Subsections (1), (2) and (4) shall not apply to any change of possession of a vehicle which occurs by reason of the vehicle being lawfully seized under a hire purchase agreement, but in such event the following provisions shall apply-

 

   (a)   the person from whose possession the vehicle was seized shall, within 14 days of the seizure, deliver the registration book to the person who has seized the vehicle, and inform the Director in writing of the change of possession; and

 

   (b)   the person seizing the vehicle shall, within 14 days of receiving the registration book, apply to the Director to be registered as the new owner, and on payment of the prescribed fee, the Director shall so register him.

   (6) On registering a new owner, the Director shall make any necessary alterations to the registration book, and shall deliver it, or if he thinks fit a replacement of such registration book, to the new owner.

 

10.   Registration of vehicles imported into Botswana

   Notwithstanding any other provision of this Act, where a motor vehicle or trailer has been imported into Botswana, a licensing officer shall not register the vehicle until the owner thereof satisfies him-

 

   (a)   that the vehicle has been lawfully exported from its country of origin or the country in which it was last registered; and

 

   (b)   that the vehicle has been lawfully imported into Botswana, and by producing documentary evidence, in the form of a customs clearance certificate issued by the Department of Customs and Excise, that the vehicle has been cleared from customs control.

 

11.   Vehicles to carry identification plates

   A motor vehicle or trailer registered under this Act shall not be used on a road unless there is fixed onto the vehicle in the prescribed manner, the prescribed number of identification plates of the prescribed design and colour on which is inscribed the registration number of the vehicle.

 

12.   Production of registration books

   (1) The owner of a motor vehicle or trailer shall, when requested by a police officer or an authorized officer, produce for inspection, either immediately to such officer or within 10 days of such request being made, at a police station nominated by such owner at the time of such request being made, the registration book issued in respect of such vehicle.

   (2) Where-

 

   (a)   a motor vehicle or trailer does not bear any special identification number or mark; or

 

   (b)   the manufacturer's serial number or similar identification number or mark has been obliterated or defaced,

the Director may cause a special identification number or mark to be cut, impressed, embossed on or attached permanently to such vehicle, which shall thereafter be deemed sufficient identification for the purpose of the registration of such vehicle.

   (3) In the circumstances referred to in subsection (2)(b), the Director shall cause a full description of such vehicle and the name and address of the applicant applying for registration to be furnished to the nearest police station.

   (4) No person shall, without the written permission of the Director, alter, obliterate, deface, or cause the alteration, obliteration or defacement of any identification number or mark used for the purpose of registration in accordance with this Act.

 

13.   Cancellation of registration in certain cases

   (1) Where the Director has reason to believe that a vehicle registered under this Part has been destroyed, broken up, or has left Botswana permanently, he may give notice, either personally or by post, to the registered owner thereof that he intends to cancel the registration of the vehicle, and if before the elapse of one month from the date of service of such notice the registered owner fails to satisfy him that such vehicle has not been destroyed, broken up, or has not left Botswana permanently, the Director shall cancel the registration thereof forthwith.

   (2) When the Director cancels the registration of a vehicle under this section, the registered owner of the vehicle shall within 10 days thereafter hand or send the registration book in respect thereof to the Director for cancellation.

 

14.   Offences and penalties

    Any person who contravenes any of the provisions of this Part or who fails to comply with a requirement lawfully made of him by a police officer, authorised officer, licensing officer or the Director under this Part, shall be guilty of an offence and liable to a fine not exceeding P1 000, or to imprisonment for a term not exceeding 12 months, or to both.

 

15.   Exemptions

   The Minister may, by order published in the Gazette, exempt any vehicle or any class or description of vehicle from the provisions of this Part.

PART III
Motor Vehicle Licences
(ss 16-22)

 

16.   Motor vehicles to be licensed

   (1) No person shall own or possess a motor vehicle or trailer, or use it on a road, unless such vehicle is licensed under and in accordance with this Part:

   Provided that this section shall not apply in the case of a motor vehicle or trailer-

 

   (i)   lawfully used under the authority of and in accordance with the conditions of a motor dealer's licence;

 

   (ii)   lawfully in Botswana in accordance with regulations made by the Minister under section 130 of this Act;

 

   (iii)   which is owned by and in the possession of a motor dealer for the purpose of sale;

 

   (iv)   which is being driven to or from any place specified by a licensing officer for inspection or testing, or while it is being tested by a motor vehicle examiner; or

 

   (v)   exempted under subsection (2) or any other provision of this Act.

   (2) Where the owner or person in possession of a motor vehicle or trailer gives written notice to the Director that for a stated period he does not intend that it shall be used on a road, and it is not at any time used on the road during such period, or where he satisfies the Director that for a stated period such vehicle was not used on a road, it shall not be necessary for such vehicle to be licensed under this Part during the stated period.

 

17.   Application for motor vehicle licence

   Applications for motor vehicle licences shall be made to a licensing officer in the prescribed form accompanied by the prescribed fee and the vehicle registration book.

 

18.   Conditions for the issue of motor vehicle licences

    (1) A licensing officer shall not issue or renew a motor vehicle licence or carry out any other transaction regarding the vehicle unless he is satisfied that-

 

   (a)   the vehicle is duly registered;

 

   (b)   the particulars in the registration book are correct;

 

   (c)   the vehicle is duly and validly insured in accordance with any written law relating to vehicle insurance;

 

   (d)   any licence issued in respect of such vehicle has not been cancelled or revoked;

 

    (e)   there is no outstanding fine owed to the Government relating to the use of the vehicle in contravention of the provisions of this Act.

   (2) Before issuing or renewing a motor vehicle licence in respect of any vehicle of a class or description prescribed for the purposes of this subsection, a licensing officer shall require the applicant to produce a certificate of roadworthiness showing that the vehicle has been examined by a motor vehicle examiner during the three months immediately preceding the commencement of the licence and that the vehicle complies with the provisions of this Act:

   Provided that a certificate issued under section 108(2)(g) and dated not earlier than three months before the commencement of the licence shall be deemed to be a certificate of roadworthiness for the purposes of this section.

   (3) Where under this section the owner of any motor vehicle is required to have it examined by a motor vehicle examiner, he shall make application therefor in the prescribed form, paying the prescribed fee, and thereupon a motor vehicle examiner shall examine the vehicle and shall issue a certificate in the prescribed form certifying that the vehicle is roadworthy or is not roadworthy.

   (4) A certificate certifying that a vehicle is not roadworthy shall state the reasons why the motor vehicle examiner considers the vehicle not to be roadworthy.

 

19.   Motor vehicle licences

   Motor vehicle licences shall be in the prescribed form, and may be issued for such period and upon payment of such fees as may be prescribed:

   Provided that, where a period is prescribed, a licence issued before the period is prescribed shall not be invalid solely because the period for which it was issued is different from that prescribed.

 

20.   Licence to be carried on vehicle

   A motor vehicle or trailer which is required to be licensed under this Part shall not be used on a road unless the motor vehicle licence or such part thereof as may be prescribed, which shall be legible and not defaced or mutilated, is carried on the vehicle in the prescribed manner.

 

21.   Duplicate motor vehicle licences

   Where a motor vehicle licence is lost, defaced, mutilated or rendered illegible, the Director shall, on being satisfied that the licence has been so lost, defaced, mutilated or rendered illegible, and that the person applying on the prescribed form and paying the prescribed fee is entitled to the issue of such licence, issue or cause to be issued a duplicate of the licence:

   Provided that where a motor vehicle licence which has been lost is subsequently found the duplicate shall be returned to the Director for cancellation.

 

22.   New motor vehicle licence required in certain circumstances

   (1) The holder of a motor vehicle licence shall apply for a new motor vehicle licence where-

 

   (a)   he desires to use the vehicle for any purpose not authorized by the licence; or

 

   (b)   the vehicle is so altered that a higher duty or duty of a different class is required.

   (2) A new motor vehicle licence shall not be issued under this section until the old licence has been surrendered for cancellation and the prescribed fee paid.

PART IV
Motor Dealers' Licences
(ss 23-27)

 

23.   Motor dealer's licence

   (1) The Director may issue to a motor dealer, upon application in the prescribed form and upon payment of the prescribed fees, such number of motor dealer's licences as the applicant may require, and with each such licence shall issue two identification plates in the prescribed form.

   (2) Subject to sections 24, 25, 26, and 27, and to any other conditions which may from time to time be prescribed, the holder of a motor dealer's licence shall use the said licence only in respect of vehicles in his possession in the course of his business as a motor dealer, and shall not use more than one such vehicle under the authority of one licence at any one time.

 

24.   Use of motor dealer's licence

   (1) A vehicle shall not be used on a road under the authority of a motor dealer's licence-

 

   (a)   unless such vehicle carries identification plates issued under section 23(1), displayed in the prescribed manner;

 

   (b)   to convey passengers or goods for hire or reward;

 

   (c)   to carry or convey any goods whatsoever except such load as may be necessary for the purpose of testing the motor vehicle, and no such load, and no part thereof, shall be removed from the motor vehicle at any time between the departure from and the return to the loading place of the motor vehicle, except in the case of an accident; or

 

   (d)   except with the permission in writing of the Director, for any purpose other than-

 

      (i)   for proceeding to or returning from any inspection, examination or test as provided for by this Act;

 

      (ii)   for proceeding from the premises of a motor dealer to a railway station for entraining, or from a train to such premises;

 

      (iii)   for test or trial during or after completion, construction, assembly or repair;

 

      (iv)   for test or trial by or on behalf of an intending purchaser, or for proceeding to or from the place where the purchaser intends to keep it;

 

      (v)   for proceeding to or from a public weighbridge for the purpose of its weight being ascertained or to or from a place for registration;

 

      (vi)   for exportation outside Botswana;

 

      (vii)   for importation into Botswana;

 

      (viii)   for proceeding from the premises of a motor dealer to the premises of a purchaser or of another motor dealer;

 

      (ix)   for towing a motor vehicle which while being driven upon a road has become unable to proceed under its own power from the place where it has broken down to a place for repair or storage;

 

      (x)   for proceeding to or returning

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