ROAD TRAFFIC: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Exemption of Tractor Drivers from Holding Tractor Driving Licence Order

Road Safety Committee Regulations

Road Traffic Act (Limitation of Application) Order

Road Traffic (Breathalyser) Regulations

Road Traffic (Driving Schools and Driving Instructors) Regulations

Road Traffic (Exemption of Motor Vehicles Transporting Ore from Thakadu Mine to Mowana) Order

Road Traffic (Exemption of Motor Vehicles Transporting Raw Milk) Order

Road Traffic (Flagging) Regulations

Road Traffic (Limit of Alcohol) Regulations

Road Traffic (Manufacturers and Suppliers of Number Plates) Regulations

Road Traffic (Motor Cycles) (Protective Helmets) Regulations

Road Traffic (Protection of Children Crossing Roads) Regulations

Road Traffic (Public Service Vehicles' Seats' Specifications) (Exemption) Orders

Road Traffic Regulations

Road Traffic (Seat Belts) Regulations

Road Traffic (Signs) Regulations

Road Traffic (Speed Limits for Specified Vehicles) Regulations

Road Traffic (Suspension) Order

Road Traffic (Temporary Motor Vehicle Licences) Regulations

Road Traffic (Transportation of Hazardous Goods) Regulations

Road Traffic (Use of Mobile Phones) Regulations

ROAD TRAFFIC REGULATIONS

(section 130)

(1st January, 1975)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

PART I
Preliminary

   1.   Citation

   2.   Interpretation

   3.   Fees

   4.   Forms, permits, etc.

 

PART II
Registration and Licensing of Vehicles

   5.   Registration number

   6.   Identification plates

   7.   Validity of licences

   8.   Penalty in case of late application for renewal of licence

   9.   Manner of carrying licence

   10.   Vehicles requiring certificate of roadworthiness

 

PART III
Driving Licences and Tests

   11.   Validity of licences, permits and cards

   11A.   Validity of foreign licences, permits and cards

   11B.   Conversion of foreign driving licences

   11C.   Conversion of foreign professional driving permit

   12.   Provisional licence

   12A.   Classification of drivers

   13.   Driving test

   13A.   Distinguishing signs

   14.   Medical examination

   15.   Register of driving licences and permits

   16.   Transitional provisions

   16A.   Offences and penalties

 

PART IV
Construction - General

   17.   Wheels and tyres of motor vehicles and trailers

   18.   Wheels and tyres of other vehicles

   19.   Tyres to be adequate

   20.   Springs

   21.   Parking brakes

   22.   Service brakes on motor vehicles

   23.   Service brakes on trailers

   24.   Brakes: general requirements

   25.   Steering

   26.   Mudguards

   27.   Warning devices

   28.   Glass of windscreen, etc., of motor vehicle and windscreen wipers

   29.   Essential fittings

   30.   Exhausts, silencers and exhaust pipes

   31.   Entrances and exits

 

PART V
Lamps and other Lighting Equipment on Vehicles

   32.   Visibility distance of lamps

   33.   Headlamps on motor vehicle other than a motor-cycle or trailer

   34.   Headlamps on motor-cycle

   35.   Beam of light to be emitted by headlamp

   36.   Driving beams

   37.   Driving beams to be capable of being extinguished at approach of vehicular traffic

   38.   Passing beams

   39.   Lights to be displayed on stopped or parked motor vehicle

   40.   Fog lamps

   41.   Parking lamps

   42.   When parking lamps are to be kept lighted

   43.   Clearance lamps

   44.   Rear lamps on motor vehicle

   45.   Stoplight

   46.   Registration plate lamp

   47.   Side marker lamps

   48.   Interior lamps

   49.   Lamp illuminating notice on vehicle

   50.   Reversing lamps

   51.   Inspection lamps

   52.   Identification lamps

   53.   Prohibition of use of spotlight

   54.   Bicycles

   55.   Animal-drawn and unspecified vehicles

   56.   Front lamps of vehicles other than motor vehicles

   57.   Colour of lights

   58.   Brilliance of lights

   59.   Lamps, with exceptions, to emit diffused light

   60.   Lamps to emit steady light

   61.   Manner in which lamps are to be fitted and maintained

   62.   Lamps not prescribed or authorized, prohibited

 

PART VI
Retro-Reflectors and Reflectors

   63.   White retro-reflectors to be fitted on front of certain vehicles

   64.   Red retro-reflectors to be fitted on back of certain vehicles

   65.   Yellow retro-reflectors to be fitted on sides of certain motor vehicles

   66.   General requirements for retro-reflectors

   67.   Back retro-reflectors on vehicles with abnormal body

   68.   Warning sign on back of certain motor vehicles

   69.   Unlawful use of retro-reflectors

 

PART VII
Direction Indicators

   70.   Motor vehicle to be equipped with direction indicators

   71.   Direction indicators of unilluminated movable arm type

   72.   Direction indicators of illuminated movable arm type

   73.   Direction indicators of flasher type

   74.   Direction indicators of illuminated window type

   75.   Combination of different types of direction indicators

   76.   Direction indicators on motor vehicles with an overall length in excess of 7,6 m

   77.   General requirements for direction indicators

   78.   Use of direction indicator

 

PART VIII
Dimensions of Vehicles and Projections

   79.   Overall length of vehicle

   80.   Restriction on combination of motor vehicles

   81.   Overall width of vehicle

   82.   Overall height of vehicle and load

   83.   Turning radius and wheel-base

   84.   Overhang of vehicle

   85.   Projections in case of vehicle other than a motor-cycle or bicycle

   86.   Projection in case of motor-cycle or bicycle

   87.   Warning in respect of projecting load

 

PART IX
Loads on Vehicles

   88.   Manner in which children are counted

   89.   Weight of person for determining weight of load

   90.   Number of persons that may be carried on vehicle

   91.   Loads on tyres

   92.   Specification of total weight of vehicle

   93.   Axle weight-load of vehicle with pneumatic tyres

   94.   Distribution of axle weight-load

   95.   Axle weight of vehicles fitted with metal

   96.   Manner in which goods shall be carried

   97.   Presumptions

 

PART X
General Requirements for Public Service Vehicles

   98.   Vehicle to be in good state of repair

   99.   Vehicle to be kept clean

   100.   Notice required of load which may be carried by public service vehicle, other than taxi, for conveyance of passengers

   101.   Taxicab passenger capacity plates

   102.   Goods to be carried in goods compartment or container

   103.   Fare to be paid

   104.   Exclusion of certain persons from vehicle

   105.   Person suffering from notifiable disease

 

PART XI
Motor-Omnibuses

   106.   Meaning of motor-omnibus

   107.   Compliance with requirements

   108.   Sides, roof and floor

   109.   Entrances on the right side prohibited

   110.   Entrances and exists to be fitted with doors

   111.   Seats

   112.   Goods compartments

   113.   Fuel receptacles, etc.

   114.   Fire extinguishers

   115.   Rearview mirrors

   116.   Passengers to be able to signal to driver

   117.   Lighting

   118.   Standing passengers

   119.   Duties of driver or conductor relating to standing passengers

 

PART XII
Driving Signals and Signals for the Control of Traffic

   120.   General requirements in regard to driving signals

   121.   Left-turn hand signal

   122.   Right-turn hand signal

   123.   Use of direction indicators in lieu of hand signals

   124.   Signal to indicate intention to reduce speed

   125.   Permissive hand signals

 

PART XIII
Miscellaneous Provisions

   126.   Restriction on movement of certain vehicles at night

 

      First Schedule - Fees

      Second Schedule - Forms

      Third Schedule - Form of Identification Plates

      Fourth Schedule - Distinguishing Mark for Holder of Provisional Licence

      Fifth Schedule - Warning Sign to be Affixed to Rear of certain Vehicles

      Sixth Schedule - A Content of Driving Licence Card

      Seventh Schedule - An International Driving Permit

      Eighth Schedule - A Conversion of Botswana Driving Licence "RV14"

      Ninth Schedule - A Health Form

      Tenth Schedule - A Driving Test

      Eleventh Schedule - A Distinguishing Sign for Vehicles in International Traffic

 

S.I. 139, 1974,
S.I. 162, 1974,
S.I. 146, 1976,
S.I. 108, 1977,
S.I. 130, 1978,
S.I. 135, 1978,
S.I. 38, 1980,
S.I. 60, 1980,
S.I. 74, 1981,
S.I. 116, 1981,
S.I. 12, 1982,
S.I. 73, 1984,
S.I. 30, 1985,
S.I. 144, 1985,
S.I. 32, 1986,
S.I. 64, 1986,
S.I. 80, 1986,
S.I. 41, 1987,
S.I. 54, 1992,
S.I. 17, 1995,
S.I. 24, 1995,
S.I. 17, 2001,
S.I. 43, 2003,
S.I. 57, 2003,
S.I. 16, 2004,
S.I. 45, 2004,
S.I. 19, 2006,
S.I. 90, 2006,
S.I. 51, 2008,
S.I. 51, 2010,
S.I. 100, 2015,
S.I. 47, 2017.

PART I
Preliminary
(regs 1-4)

 

1.   Citation

   These Regulations may be cited as the Road Traffic Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "axle", in relation to a vehicle, means a device or set of devices, whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicle is travelling straight ahead, the vertical centre-lines of such wheels would be in one vertical plane at right angles to the longitudinal centre-line of such vehicle:

   Provided that where the distance between the centre-lines of any two axles of a vehicle is less than 1,2 m, such axles shall, for the purposes of these Regulations, be deemed to be one axle situated midway between such axles;

   "axle unit", in relation to a vehicle, means a set of two or more parallel axles of such vehicle which are so interconnected as to form a unit;

   "axle weight-load" means the sum of the wheel weight-loads of all wheels on any axle;

   "carriage of goods" includes the haulage of goods; and

   "centre-line of an axle unit" or any like expression, means a line midway between the centre-lines of the extreme axles of an axle unit;

   "combination of motor vehicles" means two or more vehicles coupled together, one of which is a motor vehicle;

   "conductor" means a person employed by a public passenger vehicle operator to handle fees from passengers and handle the luggage of passengers;

   "conventional driving permit" means a valid international driving licence issued under the authority of a country outside Botswana which is a party to the Convention on Road Traffic done at Vienna on 8th November, 1968;

   "driving instructor" means a person certified as an instructor under section 41 of the Act;

   "driving licence" means a computerised credit card format driving licence issued under these Regulations and as set out in the Sixth Schedule;

   "emergency brake" means a braking system capable of stopping a vehicle at the will of the driver independently of the service brake;

   "front end", in relation to a vehicle, means that part of the vehicle which projects furthest forward;

   "front overhang", in relation to a vehicle, means that portion of the vehicle, excluding any drawbar or coupling, which projects in front of the centre-line of the front axle or the foremost axle of the front axle unit or, if such vehicle has only one axle, which projects in front of the centre-line of that axle or, in the case of a semi-trailer, which projects in front of the king-pin;

   "gross axle unit weight-load", in relation to a motor vehicle, means the maximum weight-load of a particular axle unit of such vehicle as specified by the manufacturer thereof, or, in the absence of such specification, as determined by a licensing officer;

   "gross axle weight-load", in relation to a motor vehicle, means the maximum weight-load of a particular axle of such vehicle as specified by the manufacturer thereof, or, in the absence of such specification, as determined by a licensing officer;

   "gross combination weight", in relation to a motor vehicle, means the maximum weight of any combination of motor vehicles of which such motor vehicle may form a part, as specified by the manufacturer thereof, or, in the absence of such specification, as determined by a licensing officer;

   "gross weight", in relation to a motor vehicle, means the maximum weight of such vehicle and its load as specified by the manufacturer, or, in the absence of such specification, as determined by a licensing officer;

   "international driving permit" means a valid document issued under the laws of Botswana authorising the holder to drive a motor vehicle, or a specified class or description of motor vehicle outside Botswana according to the Convention on Road Traffic done at Vienna on 8th November, 1968; and

   "light trailer", means a trailer with a gross weight not exceeding 750 kg;

   "national driving licence" means a valid document issued under the law of a country outside Botswana authorising the holder to drive a motor vehicle, or a specified class or description of motor vehicle, in that country.

   "operate", in relation to a vehicle, means to use or drive, or permit to be used or driven;

   "overall length", in relation to a vehicle, means the distance between the front end and the rear end of the vehicle and, in relation to a combination of vehicles, the distance between the front end of the leading vehicle and the rear end of the rearmost vehicle;

   "overall width", in relation to a vehicle, means the width measured between two planes parallel to the longitudinal centre-line of the vehicle and passing through the extreme projecting points on either side of such vehicle exclusive of any side mirror or direction indicator;

   "overrun brake", in relation to a trailer, means a braking system which is applied automatically when the tension on the drawbar of the trailer is released;

   "parking brake" means a braking system, normally a hand brake, used in the ordinary course of events to keep a vehicle stationary without human intervention;

   "permissible maximum axle weight-load or axle unit weight-load", in relation to any motor-omnibus or goods vehicle, means the total axle weight-load or axle unit weight-load of a particular axle or axle unit of such motor-omnibus or vehicle which would not contravene any of the provisions of Part VIII when operated on a road;

   "permissible maximum drawing vehicle weight", in relation to any vehicle which is used to draw any other vehicle, means the weight of such drawing vehicle and such other vehicle which would not contravene the provisions of regulation 92 when operated on a road;

   "permissible maximum vehicle weight", in relation to a motor-omnibus or goods vehicle, means that weight of such motor-omnibus or goods vehicle which would not contravene any of the provisions of Part VIII when such vehicle is operated on a road;

   "rear end", in relation to a vehicle, means that part of the vehicle which projects furthest to the rear;

   "reasonably level road" means a road which does not exceed a plus or minus one percent grade;

   "rear overhang", in relation to a vehicle, means that portion of the vehicle which projects to the rear of the centre-line of the rear axle or the rearmost axle of the rear axle unit or, if such vehicle has only one axle, which projects to the rear of the centre-line of that axle;

   "retro-reflector" and "reflector" mean a device made of plastic, glass or similar material which reflects light;

   "safety glass" means transparent glass or other transparent material so constructed or treated that, when fractured, the possibility of large flying fragments or sharp splinters is minimized;

   "service brake" means a braking system, normally a footbrake, used in the ordinary course of events by the driver of a motor vehicle to reduce its speed or to stop it;

   "turning radius", in relation to a motor vehicle, means the radius of the circle described by the outer steerable wheel of a motor vehicle when such wheel is deflected as far as possible from the straight either to the left or to the right and, where the radii so obtained are not the same, the larger of the two shall be taken as the turning radius of the motor vehicle, the radius being measured to the outer edge of the track described by such outer steerable wheel;

   "wheel-base"-

   (a)   in relation to a semi-trailer, means the distance measured at ground level, between parallel planes at right angles to the longitudinal centre-line of the vehicle passing through the centre-line of its king-pin and the centre-line of its axle or axle unit, as the case may be;

   (b)   in relation to a trailer with only one axle or one axle unit, other than a semi-trailer, means the distance, measured at ground level, between parallel planes at right angles to the longitudinal centre-line of the vehicle passing through the centre-line of the coupling pin or knuckle and the centre-line of such axle or axle unit, as the case may be;

   (c)   in relation to any other vehicle, means the distance measured at ground level, between parallel planes at right angles to the longitudinal centre-line of the vehicle passing through the centre-line of the front axle or front axle unit and the centre-line of the rear axle or rear axle unit, as the case may be;

   "wheel weight-load", in relation to any wheel of a vehicle, means the total weight supported by the contact area between the tyre of such wheel and the road surface.

 

3.   Fees

   The Fees set out in the First Schedule hereto shall be payable in regard to the respective matters therein contained.

 

4.   Forms, permits, etc.

   (1) The number of the form in respect of every application, licence or other document prescribed under the Act or these Regulations shall, except as otherwise provided, be as set out in the Second Schedule.

   (2) An international driving permit shall be a booklet in the form set out in the Seventh Schedule.

   (3) All entries made on an international driving permit shall be handwritten in English cursive script or typed in Latin characters.

PART II
Registration and Licensing of Vehicles
(regs 5-10)

 

5.   Registration number

   (1) The Registration number of a motor vehicle or trailer, other than a Government, a Botswana Defence Force or a diplomatic vehicle or trailer, assigned in terms of section 6(5) of the Act shall bear the capital letter "B", followed by a three figure number allocated by the Registrar, such number being not less than the number 101, followed by three capital letters, which letters shall not include the letter "Q".

   (2) A diplomatic vehicle and trailer shall bear a registration number, where-

   (a)   the initial letter "B" referred to in subregulation (1) shall be replaced by a number ranging from 01 to 99;

   (b)   the numbers 01 to 99 shall be followed by letters-

      (i)   CD, for vehicles of foreign diplomatic missions and international regional organisations;

      (ii)   CC, for vehicles of consulates; or

      (iii)   CT, for vehicles of technical agencies; and

   (c)   the letters shall be followed by three numerical characters ranging from 001 to 999, as may be allocated by the Ministry of Foreign Affairs.

   (3) Vehicles owned or used by the Government, other than vehicles used by the Botswana Defence Force, shall bear the letters BX followed by such numbers as may be allocated by the Government.

   (4) Vehicles used by the Botswana Defence Force, shall bear the letters BDF followed by such numbers as may be allocated thereto.

 

6.   Identification plates

   (1) The following provisions shall apply to identification plates (hereinafter in this regulation referred to as "plates") fixed to a motor vehicle or trailer, pursuant to section 11 of the Act-

   (a)   every motor vehicle shall carry at least two plates, one of which shall be fixed on the front elevation thereof and one on the rear elevation thereof, both being in an upright position and so as to be clearly visible from in front of or behind the vehicle, as the case may be;

   (b)   every trailer shall carry at least one plate which shall be fixed on the rear elevation thereof in an upright position and so as to be clearly visible from behind the vehicle;

   (c)   in the case of a motor-cycle, the front plate may conform to the curvature of the mudguard of the front wheel, or there may be affixed to the mudguard of the front wheel, two rectangular plates, one on either side thereof, and so arranged that the letters and numerals are upright and clearly visible from both sides of such motor-cycle;

   (d)   except in the case of vehicles owned or used by Government or used under the authority of a motor dealer's licence or public service vehicles, other than private hire vehicles, the plates shall have, in the case of the plate carried on the front elevation of a vehicle, a white reflective ground with black letters and numerals; and in the case of a plate carried on the rear elevation of a vehicle, a yellow reflective ground with black letters and numerals thereon;

   (e)   in the case of vehicles owned or used by Government, other than vehicles used by the Botswana Defence Force, the front plate of a vehicle shall have a white reflective ground with red letters and numerals thereon, and the rear plate shall have a red reflective ground with white letters and numerals thereon;

   (f)   in the case of vehicles used by the Botswana Defence Force, both plates shall have a green non-reflective ground with white letters and numerals thereon;

   (g)   in the case of public service vehicles, other than private hire vehicles, both plates shall have a blue reflective ground with white letters and numerals thereon;

   (h)   in the case of plates issued to motor-dealers, both plates shall have a white reflective ground with red letters and numerals thereon;

   (i)   no plate shall be fixed to a vehicle at a height of more than 1,5 m above ground level;

   (j)   all letters and numerals shall be not less than 75 mm in height, and every part of such letters and numerals shall be not less than 12 mm broad, and shall be so arranged that the total width taken by each letter or numeral, except the numeral "1", shall be not less than 42 mm and not more than 58 mm;

   (k)   the space between adjoining letters and numerals shall be not less than 6 mm and there shall be a margin between the nearest part of any letter or numeral and the top or bottom of the plate of not less than 10 mm and between the nearest part of any letter or numeral and the side of the plate of not less than 15 mm;

   (l)   the space between a preceding letter or the last of preceding letters and the first of following numbers, as the case may be, and between the last of preceding numbers and the first of any following letters, shall be not less than 25mm;

   (m)   every plate shall conform generally with one of the forms set out in the Third Schedule.

   (2) No person shall operate on a road any vehicle the identification plates of which do not comply with the provisions of this regulation or which are not clearly visible or legible or which contain any letters or numerals other than the registration number assigned to such vehicle.

 

7.   Validity of licences

   The validity of vehicle licences issued under Part III of the Act shall run from the beginning of the month in which they become effective, until the last day of the previous month in the following year:

   Provided that the validity of a licence issued in January of any year shall run from the beginning of that month until the last day of December in the same year.

 

8.   Penalty in case of late application for renewal of licence

   (1) Where an application is made to renew a vehicle licence issued under section 19 of the Act after the validity of the licence has expired, a penalty shall be payable together with the appropriate fee set out in the First Schedule.

   (2) The penalty referred to in subregulation (1) shall be equal to one twelfth of the appropriate fee set out in the First Schedule, multiplied by the number of months, inclusive of the month in which the renewal is sought, which have elapsed since the validity of the licence expired, calculated to the nearest Pula.

 

9.   Manner of carrying licence

   (1) Every vehicle licence issued under section 19 of the Act and every public service vehicle licence issued under section 109 of the Act shall be carried on the vehicle to which it relates, so that it is clearly visible to a person standing in front and to the left of the vehicle.

   (2) The licence shall be carried in a conspicuous position in a weather-proof holder having a transparent face:

   Provided that, in the case of a vehicle fitted with a transparent windscreen, the licence may be carried in a holder fixed to or behind such windscreen.

   (3) In the event of a licence becoming illegible, the holder thereof shall apply to the Registrar for a duplicate licence and shall surrender the illegible licence; the Registrar shall issue a duplicate licence valid for the remainder of the period, free of charge.

 

10.   Vehicles requiring certificate of roadworthiness

   The classes of vehicles in respect of which a licensing officer shall require production of a certificate of roadworthiness under section 18(2) of the Act shall be-

   (a)   public service vehicles;

   (b)   heavy commercial vehicles and trailers used in connection therewith:

   Provided that such classes of vehicles shall not include vehicles less than 12 months old.

PART III
Driving Licences and Tests
(regs 11-16A)

 

11.   Validity of licences, permits and cards

   (1) A public service vehicle driving licence issued in Botswana shall be converted into a Professional Driving Permit without the holder being subjected to a driving test, provided the validity of such licence has not expired.

   (2) A driving licence issued before the coming into force of these Regulations shall be deemed to be a valid licence in respect of the class or classes of vehicles for which it was issued.

   (3) The holder of a RV 14 driving licence shall convert the RV 14 licence into the credit card type driving licence in accordance with the Eighth Schedule, within six months of the coming into force of these Regulations.

   (4) The holder of a licence who contravenes subregulation (3) shall be liable-

   (a)   to a fine of P50 for every day or part of the day on which the contravention continues for a period up to a maximum of 30 days; and

   (b)   after the 30 days specified under paragraph (a), for every subsequent day or part of the day, to a fine of P100 up to a maximum of six months.

   (5) Notwithstanding the provisions of subregulation (4), the Minister may exempt any person from the penalties provided under subregulation (4), taking into account the circumstances that may have prevented the person from complying with the provisions of subregulation (3).

   (6) A driving licence which has been fraudulently obtained shall not be eligible for conversion under these Regulations.

   (7) Notwithstanding the provisions of section 30 (5) of the Act, the holder of a driving licence who is 40 years or older shall, every five years, present himself to a licensing officer to –

   (a)   have his eyesight screened by such apparatus as may be prescribed; and

   (b)   have his licence reissued in accordance with the provisions of this regulation.

   (8) Where the results of the eyesight screening referred to in sub-regulations (7) and (9) are satisfactory, the licensing officer shall reissue the holder’s driving licence.

   (9) Where the results of an eyesight screening suggest that the eyesight of the holder of a driving licence may be deficient in any way, the licensing officer shall direct the holder of the licence to submit to an eyesight test by an optometrist registered as such under the Botswana Health Professions Act, and the holder of the driving licence shall submit the results of that eyesight test to the licensing officer.

   (10) A driving licence may, unconditionally, be reissued earlier if —

   (a)   the particulars of the licence holder have changed; or

   (b)   the licence has changed in such a way that it cannot serve its purpose.

   (11) A person who without reasonable excuse, fails to renew his licence before the date of expiry of the licence shall be liable to a fine of P7 for every day or part of the day, excluding weekends and holidays, on which the contravention continues:

   Provided that such fine shall not exceed P 1 000, in total.

   (12) The validity of a PrDP shall expire after two years, on the last day of the month in which it was issued.

   (13) A PrDP may be renewed before it expires if the particulars of the permit holder have changed or under any circumstances considered necessary by the licensing officer.

   (14) Where a PrDP is not renewed within seven days of its expiry, a P20 fine shall be levied on the holder for each day, excluding weekends and public holidays, that the PrDP is not renewed:

   Provided that, such fine shall not exceed P 2 000, in total.

   (15) The provisions of subregulation (14) shall not apply to members of the Botswana Defence Force, the Botswana Police Service and the Prison Service, driving test examiners, motor vehicle examiners or transport inspectors, in the performance of their duties

 

11A.   Validity of foreign licences, permits and cards

   (1) The following licences shall be deemed to be valid driving licences in respect of the class or classes of vehicles for which they are issued, and shall be valid for a period of 365 days from the day that the holder of the licence first arrives in Botswana —

   (a)   a conventional driving permit or an international driving permit held by a person resident outside Botswana; and

   (b)   a national driving licence issued in a country other than Botswana:

Provided that —

      (i)   the licence has been issued in an official language of Botswana,

      (ii)   a letter confirming the authenticity and validity of the licence in an official language of Botswana by a competent authority, or a translation of that licence in such official language, is attached to it, and

      (iii)   such licence contains or has attached to it, a photograph and the signature of the licence holder.

   (2) Where the holder of a driving licence referred to in sub-regulation (1) takes up residence in Botswana, such licence shall, after 365 days from the date on which such person has taken up residence, no longer be deemed to be valid .

   (3) The holder of a foreign Professional Driving Permit (PrDP) or other similar public service vehicle driver’s licence shall not be issued a licence to drive a public service vehicle unless he has —

   (a)   undergone and passed the relevant theory and practical driving tests; and

   (b)   obtained, in accordance with the relevant laws, a valid work or residence permit, certificate of exemption or waiver.

 

11B.   Conversion of foreign driving licences

   (1) A holder of a foreign driving licence who takes up residence in Botswana for a continuous period of 365 days or more shall be required to convert his driving licence to a Botswana driving licence.

   (2) Where a holder under subregulation (1) wishes to convert his foreign driving licence to a Botswana driving licence, the following shall be required from the holder —

   (a)   a letter, in English, confirming the authenticity and validity of the holder’s driving licence, written by a competent authority from the country which issued the driving licence;

   (b)   a certified copy of a valid work or residence permit, certificate of exemption or waiver;

   (c)   a certified copy of the holder’s passport;

   (d)   a health declaration form prescribed under the Ninth Schedule for applicants over the age of 65 years;

   (e)   proof of payment of the prescribed fee for applications for driving licences; and

   (f)   such other information as specified under the Twelfth Schedule.

   (3) A holder of a driving licence issued in a SADC country shall not be required to convert his driving licence to a Botswana driving licence whilst staying in Botswana, but upon expiry of such licence, the holder may —

   (a)   convert such licence to a Botswana driving; or

   (b)   renew his licence in the country where such licence was issued.

   (4) Where a holder under subregulation (3) wishes to convert his driving licence into a Botswana driving licence, the following shall be required from the holder —

   (a)   a letter, in English, confirming the authenticity and validity of the holder’s driving licence, written by a competent authority from the country which issued the driving licence;

   (b)   a certified copy of a valid work or residence permit, certificate of exemption or a waiver;

   (c)   a certified copy of the holder’s passport; and

   (d)   a health declaration form prescribed under the Ninth Schedule for applicants over the age of 65 years.

 

11C.   Conversion of foreign professional driving permit

   (1) A holder of a foreign professional driving permit shall be permitted to convert the driving permit into a PrDP where the applicant has a work permit relevant to the particular job for which the permit is required for.

   (2) The holder of a foreign professional driving permit who wishes to convert his driving permit shall undergo and pass a yard and road test before his driving permit can be converted into a PrDP.

 

12.   Provisional licence

   (1) Notwithstanding the provisions of section 30 of the Act in relation to driving a motor vehicle without a valid driving licence, a person who is not the holder of such a licence, but who is the holder of a provisional driving licence, may drive a motor vehicle for training purposes only:

   Provided that-

   (a)   the driving is part of a learner driving programme;

   (b)   the person is accompanied by a certified driving instructor referred to in section 41 of the Act, or a person who has held a driving licence for not less than two years for the class of motor vehicle being driven by the holder of the provisional driving licence;

   (c)   no passenger, other than the person referred to in subregulation (b), shall be carried in the vehicle when the vehicle is driven by the holder of a provisional driving licence except during training or examination by a supervisor or training inspector authorised by the Director; and

   (d)   at all times while the holder of a provisional driving licence is driving any vehicle, there shall be exhibited on the front and rear of the vehicle in such a manner as to be plainly visible to any person in front of and behind the vehicle, a distinguishing mark in the form prescribed in the Fourth Schedule; and such distinguishing mark shall not be exhibited unless the vehicle is being driven by a holder of a valid provisional driving licence.

   (2) The owner of a driving school and the driving instructor shall be jointly and severally liable for any offence under the Act committed by the holder of a provisional driving licence permit while under training.

   (3) The validity of a provisional driving licence shall be 24 months from the date of its issue.

   (4) An applicant for a provisional driving licence, driving licence or the endorsement of an existing licence in respect of another class of vehicle shall produce-

   (a)   the prescribed application form;

   (b)   the prescribed fees; and

   (c)   in the case of a citizen, his national identity card, and in the case of a non-citizen, his passport and valid residence permit to a licensing officer.

   (5) A driving licence shall be issued only to a person who, with regard to his physical and mental fitness, is considered fit to drive a motor vehicle for which a driving licence is required, and if it appears from any form submitted by an applicant, or it appears, from any enquiry made by a licensing officer or a driving test examiner that the applicant is suffering from any form of disability, the licensing officer or driving test examiner, as the case may be, shall direct the applicant to submit himself to a medical examination by a registered medical practitioner; and the medical practitioner shall submit, to the licensing officer, or the driving test examiner, as the case may be, a medical report in the form set out in the Seventh Schedule.

   (6) An applicant for a driving licence who is 65 years of age or above shall, every five years, provide a medical certificate as prescribed in the Ninth Schedule, signed by a medical practitioner registered in terms of the Botswana Health Professions Act certifying that the applicant is physically and mentally fit to drive the motor vehicle of the class for which the licence is required.

 

12A.   Classification of drivers

   (1) For the purposes of these Regulations, drivers shall be classified as follows-

   (a)   Group I drivers are drivers of vehicles of licence classes A1, A, B, EB, F and H; and

   (b)   Group II drivers are drivers of vehicles of licence classes C1, C, EC1, EC and PrDP "P" (passengers), "G" (goods) and "H" (hazardous).

 

13.   Driving test

   (1) An applicant for a driving licence or permit shall be tested by a driving test examiner.

   (2) The driving test examiner shall, by observation and inquiry, perform a practical driving test only if the applicant has produced evidence that he-

   (a)   holds a valid provisional driving licence which authorizes him to drive the class of motor vehicle to which the licence relates;

   (b)   has paid the prescribed fee;

   (c)   has passed the theoretical test as prescribed in the Tenth Schedule;

   (d)   meets the requirements for the driving test as prescribed in the Tenth Schedule;

   (e)   is not subject to any disqualification; and

   (f)   complies with the visual acuity in accordance with regulation 15.

   (3) If, at the time of testing an applicant, the driving test examiner has reason to believe that the applicant suffers from a disability which is likely to cause the applicant to be a danger to the public, the driving test examiner shall instruct the applicant to submit himself to a medical examination by a medical practitioner registered under the Botswana Health Professions Act.

   (4) The applicant shall, following the medical examination referred to in sub-regulation (3), submit, to the driving test examiner, a medical examination report in the form set out in the Ninth Schedule.

   (5) Where the medical report indicates certain limitations and recommends the use of a vehicle with automatic transmission or other modifications, then the applicant shall be tested accordingly.

   (6) A person presenting himself for a driving test shall provide, for that purpose, a motor vehicle in a good roadworthy condition and of the class named in the test application form, which vehicle shall be insured.

   (7) Where a person applies for a driving licence which authorises him to drive an articulated motor vehicle, the practical driving test referred to in sub-regulation (2)(d) shall be conducted while the trailer is attached to the drawing vehicle.

   (8) The test referred to in sub-regulation 2(c) shall assess the applicant's knowledge of all subjects for the concerned class of vehicle; and,

   (a)   the test may be oral or written for both a Group 1 and Group 2 driver;

   (b)   the theory test shall be taken before a person applies for a provisional driving licence.

   (9) The validity period of theory and practical test results shall not exceed 24 months from the date of issue of the result.

   (10) A driving test examiner shall, in accordance with the provisions of subregulation (2)(d) —

   (a)   in the case of driving licence class A1 or A, test an applicant in accordance with the set practical driving test procedure for motor cycle drivers;

   (b)   in the case of driving test licence class B, test an applicant in accordance with the set practical driving test procedure for drivers of light motor vehicles;

   (c)   in the case of driving test licence class EB, C1, C, EC 1, EC, H or F, test an applicant in accordance with the set practical driving test procedure for drivers of such motor vehicles; and

   (d)   in the case of driving test licence class B, EB, Cl, C, EC1 or EC, permit a driving instructor to observe the set practical driving test.

   (11) No driving test examiner shall test an applicant for a driving licence unless the examiner himself is licensed to drive a vehicle of the class for which the applicant applies to obtain a driving licence or of the class prescribed.

   (12) An applicant who fails to satisfy a driving test examiner in any part of the examination may present himself for another attempt, but not before the expiry of two weeks from the date of the last test.

   (13) If the applicant, on the day of appointment for a driving test, fails to appear, the fee referred to in sub-regulation (2)(b) shall be forfeited, unless he furnishes sufficient explanation to the satisfaction of the licensing officer why it should not be so forfeited.

 

13A.   Distinguishing signs

   (1) A distinguishing sign shall be composed of two letters in capital Latin characters as set out in the Eleventh Schedule.

   (2) The letters of the distinguishing sign shall have a minimum height of 80 mm and, in their strokes, a width of 13 mm.

   (3) The letters of the distinguishing sign shall be black, on a white background of elliptical form, with the major axis horizontal.

   (4) The dimensions of the ellipse in respect of motorcycles may be reduced to 120 mm in height and 180 mm in width.

   (5) The distinctive letters for distinguishing signs for Botswana shall be as set out in the Vienna Convention.

 

14.   Medical examination

   (1) A Group 1 applicant for a driving licence shall undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which he has to undergo prior to obtaining a driving licence, that he has one or more of the medical disabilities mentioned in the Ninth Schedule.

   (2) A Group 2 applicant for a driving licence shall undergo a medical examination before a driving licence is issued to him for the first time and, thereafter, a Group 2 driver shall undergo such periodic examinations as are outlined in the Ninth Schedule.

   (3) An applicant for a provisional driving licence or duplicate of a driving licence or the renewal of a PrDP shall undergo an appropriate examination to ensure that he has adequate visual acuity for driving a power-driven vehicle.

   (4) Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a registered medical eye doctor.

   (5) At the examination referred to under sub-regulation (4), particular attention shall be paid to the following-

   (a)   visual acuity;

   (b)   field of vision;

   (c)   twilight vision; and

   (d)   progressive eye diseases.

   (6) For the purpose of these Regulations, intra-ocular lenses shall not be considered as corrective lenses.

   (7) A Group 1 applicant for a driving licence, provisional driving licence, or a PrDP shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0.5 dioptres when using both eyes together.

   (8) A driving licence shall not be issued or reissued if, during the eye sight screening, it is shown that the applicant's horizontal field of vision is less than 120°, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned does not suffer from any other eye condition that would compromise safe driving.

   (9) Where a progressive eye disease is detected or declared, a driving licence may be issued or reissued subject to the applicant undergoing regular examination by a registered eye doctor.

   (10) A licensing officer shall refuse an application for a driving licence or for the renewal of a PrDP, and shall not reissue a driving licence where the applicant who has total functional loss of vision in one eye or who uses only one eye-

   (a)   does not have a visual acuity of at least 0.6 (=6/10) dioptres, with corrective lenses if necessary; and

   (b)   does not have a certificate by a registered eye doctor to the effect that the condition of monocular vision has existed sufficiently long to allow for adaptation, and that the field of vision in the one eye is normal.

   (11) A Group 2 applicant for a driving licence shall have a visual acuity, with corrective lenses if necessary, of at least 0.8 (6/7) dioptres in the better eye and at least 0.5 (6/12) dioptres in the worse eye and so shall a person whose driving licence is to be reissued.

   (12) If corrective lenses are used to attain the values of 0.5 and 0.8 dioptres the uncorrected acuity in each eye must reach 0.05 dioptres, or else the minimum acuity (0.8 dioptres and 0.5 dioptres) must be achieved either by correction by means of glasses with a power not exceeding plus or minus four (4) dioptres or with the aid of contact lenses (uncorrected vision = 0.05 dioptres).

   (13) The face radius of glasses referred to under subregulation (12) shall be 70 right/left and 40 vertically.

   (14) The colour vision of the glasses shall exceed 0.5 dioptres for a PrDP "P".

   (15) A driving licence or PrDP as the case may be shall not be issued or reissued to, or renewed for, applicants or drivers who do not have a normal binocular field of vision or who suffer from diplopia.

 

15.   Register of driving licences and permits

   (1) The Director shall maintain a register of all driving licences and permits issued in Botswana.

   (2) The Director shall enter or cause to be entered in the register the number of the licence, the date of issue, the name and address of the licence holder, date of test, the class of licence for which the licence was issued; and any endorsement of disqualification and suspension.

   (3) The register shall be open for inspection by any police officer, and any other person duly authorised by the Minister who shall be entitled to copy any entry found in such register.

   (4) Any other person who satisfies the Director that he has a valid reason to inspect the register or obtain information therefrom shall be entitled, on payment of the prescribed fee, to information from the register.

   (5) Any person who obtains information under subregulations (3) and (4) and uses such information for purposes other than those authorised shall be guilty of an offence.

 

16.   Transitional provisions

   (1) A driving licence issued prior to the coming into force of these Regulations shall remain valid for a period of two years after the coming into force of these Regulations, subject to the conditions under which it was issued:

   Provided that this regulation shall be without prejudice to any provision of these Regulations relating to the revocation, suspension or cancellation of licences.

   (2) Where a driving licence was issued prior to the coming into force of these Regulations for class F and H, it shall remain valid for not more than 5 years.

   (3) A provisional driving permit issued prior to the commencement of these Regulations shall be valid for the remaining period of its validity, subject to the conditions under which it was issued.

 

16A.   Offences and penalties

   Any person who is guilty of an offence under these Regulations for which no penalty is provided, shall be liable for a first offence, to a fine not exceeding P50 and for a second or subsequent offence, to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

PART IV
Construction - General
(regs 17-31)

 

17.   Wheels and tyres of motor vehicles and trailers

   No person shall operate any motor vehicle (other than a road roller) or trailer on a road unless it is fitted with wheels and adequately inflated tyres, or other type of wheel or tyre approved in writing by a road authority:

   Provided that-

   (i)   a tractor normally used for agricultural purposes may be fitted with solid rubber tyres on the front wheels; but any such tractor shall only be driven on a road whilst proceeding to or from work or being delivered to a new owner;

   (ii)   in special circumstances, a road authority may on a particular occasion issue a permit, subject to such conditions as it may impose, for a vehicle to be so driven which does not comply with this regulation.

 

18.   Wheels and tyres of other vehicles

   (1) No person shall operate any vehicle the gross weight of which exceeds 500 kg, except on the written authority of a road authority, on a road unless that vehicle is fitted with wheels and adequately inflated tyres.

   (2) No person shall operate any vehicle fitted with wheels without pneumatic tyres on a road if any wheel or tyre fitted to the vehicle does not bear evenly on the level surface when the vehicle is moving thereon.

 

19.   Tyres to be adequate

   (1) Tyres and wheels shall be adequate to carry safely the maximum permissible weight of that vehicle.

   (2) Tyres shall be such as will ensure conditions of safety, including adhesion, even on a wet road.

   (3) No person shall operate on a road-

   (a)   any vehicle fitted with any tyre which is in such a state of disrepair or in such a condition as to cause or to be likely to cause damage to the road surface or danger to persons on or in such vehicle or to other persons using the road;

   (b)   any vehicle fitted with pneumatic tyres-

      (i)   the rubber covering of any one of which is so worn or damaged as to expose the fabric or cord used in the construction of the tyre; or

      (ii)   the tread pattern of any one of which is not visible on each side of the tyre's centre-line, throughout the circumference of the tyre, to a width from that centre-line of not less than one quarter of the tyre's total width; or

   (c)   any motor vehicle of which any tyre is so constructed or fitted that the metal part of the wheel comes or is likely to come into contact with the road surface.

 

20.   Springs

   No person shall operate any motor vehicle, other than a tractor or motor-cycle, on a road unless that vehicle is fitted with suitable and sufficient springs, shock absorbers or other suspensive device between each wheel and the frame of the vehicle.

 

21.   Parking brakes

   No person shall operate any motor vehicle, other than a motor-cycle, on a road, unless such vehicle is equipped with a braking system (which may be one of the braking systems hereinafter described) so designed and constructed that it can at all times be set so as effectively to prevent two at least, or in the case of a vehicle with only three wheels one at least, of the wheels from revolving when the vehicle is not being driven or is left unattended.

 

22.   Service brakes on motor vehicles

   (1) No person shall operate any motor vehicle, other than a motor-cycle, on a road unless that vehicle is equipped either with an efficient braking system having two means of operation or with two efficient braking systems, which shall, in either case, be so designed and constructed that the application of brakes shall bring the vehicle safely and rapidly to rest within a reasonable distance.

   (2) No person shall operate a motor-cycle on a road unless it is equipped with two braking systems, one of which shall act on at least the rear wheel, the other of which shall act on at least the front wheel, both of which shall be so designed and constructed that the application of brakes shall bring the motor-cycle safely and rapidly to rest within a reasonable distance.

 

23.   Service brakes on trailers

   (1) No person shall operate any trailer on a road unless that trailer is equipped with an efficient braking system, the brakes of which are capable of being applied while it is being drawn-

   (a)   to at least two of the wheels in the case of a trailer having not more than four wheels; and

   (b)   to at least half the number of wheels in the case of a trailer having more than four wheels.

   (2) Every braking system required by subregulation (1) shall be so constructed that the brakes can be applied either by the driver of the drawing vehicle or by some other person on such vehicle or on the trailer:

   Provided that this subregulation shall not apply in the case of a trailer, including a caravan fitted for domestic or dwelling purposes, the gross weight of which does not exceed 3 500 kg if the brakes of such trailer automatically come into operation on the over-run of such trailer.

   (3) No person shall operate any trailer, other than a light trailer carried on not more than two wheels, on a road unless such trailer is equipped with a device capable of automatically stopping the trailer if it becomes detached from the drawing vehicle whilst in motion:

   Provided that this subregulation shall not apply to a trailer if it is equipped in addition to the main attachment to the drawing vehicle with a secondary attachment which may be a chain or wire rope, nor to any trailer forming part of an articulated vehicle.

 

24.   Brakes: general requirements

   The following provisions shall apply mutatis mutandis to all braking systems required by regulations 21, 22 and 23-

   (a)   where two braking systems are required or permitted-

      (i)   they shall be so constructed that failure on the part of either shall not affect the effectiveness of the other;

      (ii)   one of such systems shall be operated by direct mechanical action without the intervention of any hydraulic, electric or pneumatic device;

      (iii)   the same brake shoes or pads operating within or upon the drums or discs of the motor vehicle may be used for operating both such systems;

      (iv)   one at least of such systems shall be capable of acting on braking surfaces directly attached to the wheels of the motor vehicle or attached to parts not liable to failure;

   (b)   except in the case of an airbrake system, the pedal lever or push rod, as the case may be, by which the system is operated shall have a reserve of at least one-third of its designated distance of travel when the brakes are fully applied;

   (c)   except in the case of a motor-cycle with a side-car, every braking system shall operate with approximately equal intensity on wheels or a wheel symmetrically placed in relation to the longitudinal centre-line of the motor vehicle or trailer;

   (d)   every motor vehicle or trailer which is fitted with a braking system embodying a vacuum or pressure reservoir or reservoirs shall be provided with a warning device so placed as to be readily visible to the driver of the vehicle when in the driving seat in order to indicate any impending failure or deficiency in the vacuum or pressure system:

         Provided that in the case of a motor vehicle, other than a heavy motor vehicle, which is propelled by an internal combustion engine and fitted with a braking system embodying a vacuum reservoir or reservoirs, the vacuum therein being derived directly from the induction system of the engine, it shall not be necessary to provide such warning device if, in the event of a failure or deficiency in the vacuum system, the brakes of that braking system are sufficient to bring the vehicle safely to rest within a reasonable distance;

   (e)   the braking system fitted to every motor vehicle or trailer shall be so constructed that it is not rendered immediately ineffective by the non-rotation of the engine of the motor vehicle, or, in the case of a trailer, the engine of the motor vehicle to which it is attached at the time.

 

25.   Steering

   (1) No person shall operate any motor vehicle on a road unless the steering mechanism is in a sound and safe mechanical condition and in proper adjustment.

   (2) No person shall operate any motor vehicle, which is steered by means of a steering wheel, on a road with any steering mechanism which is so constructed or adjusted that the amount of movement such steering wheel makes before the steering mechanism becomes effective in changing the direction of the motor vehicle from left to right, or from right to left, exceeds one-twelfth of the outside circumference of the steering wheel, that is to say, 30 degrees.

   (3) No person shall operate any motor-cycle on a road unless the handle-bars-

   (a)   are symmetrically placed in relation to the longitudinal centre-line of the motor-cycle;

   (b)   measure, between the outside edges, not less than 0,5 m in the case of a motor-cycle with an engine capacity of less than 200 cc, and not more than 0,75 m, in any other case; and

   (c)   have handgrips not lower than the level of the saddle, nor higher than 0,25 m above the level of the saddle.

   (4) No person shall operate on a road any motor vehicle equipped with a purely hydraulic steering mechanism.

 

26.   Mudguards

   (1) No person shall operate on a road any motor vehicle which is not equipped with mudguards or other similar fittings to catch, so far as is practicable, mud, water or other substance thrown up by the rotation of the wheels, unless the body of the motor vehicle performs such functions.

   (2) No person shall operate on a road any trailer, the rear wheels, or, in the case of a two-wheeled trailer, the wheels of which are not equipped with mudguards or other similar fittings to catch, so far as is practicable, mud, water or other substance thrown up by the rotation of the wheels unless the body of the trailer performs such functions.

 

27.   Warning devices

   (1) No person shall operate on a road-

   (a)   any motor vehicle, other than a trailer, which is not equipped with an electrical or mechanical instrument capable of emitting a continuous sound clearly audible from a distance of not less than 100 m;

   (b)   any bicycle which is not fitted with an efficient sounding device or bell in good working order capable of giving adequate warning of the approach of such bicycle.

   (2) No person shall operate on a road any motor vehicle weighing more than 3 500 kg unless there is carried in such vehicle a sign consisting of an equilateral triangle with sides not less than 400 mm long and a red border not less than 50 mm wide, the interior of which shall be either hollow or light-coloured; the red border shall be illuminated by transparency or fitted with a reflectorized strip; the sign shall be so constructed that it can be stood firmly in a vertical position.

   (3) The sign referred to in subregulation (2) shall be used to indicate to approaching drivers the whereabouts of the motor vehicle if, for any reason, it is likely to be a hazard and shall be placed not less than 45 m from the motor vehicle so as to give adequate warning of the whereabouts of the vehicle.

   (4) No person shall use on a road any gong, bell or siren fitted to any motor vehicle other than a police vehicle, an ambulance, fire-engine or other vehicle specially authorized by the Registrar.

 

28.   Glass of windscreen, etc., of motor vehicle and windscreen wipers

   (1) No person shall operate on a road a motor vehicle having a windscreen, window or partition fitted with transparent material unless-

   (a)   such transparent material affords the driver a sufficient view for the safe driving of such vehicle;

   (b)   in the case of a windscreen, other than a windscreen fitted to a motor-cycle, such transparent material is glass.

   (2) No person shall operate on a road a motor vehicle, other than a motor-cycle, with a windscreen which is not fitted with at least one windscreen wiper directly in front of the driver and such wiper shall be capable of operation by other than manual means and the blade thereof shall, when in operation, wipe the outside of the windscreen continuously, evenly and adequately.

 

29.   Essential fittings

   No person shall operate on a road any motor vehicle-

   (a)   which is not equipped, internally or externally with a mirror or mirrors so constructed and fitted thereto and so maintained as to enable the driver to see traffic to the rear;

   (b)   which, in the case of a vehicle capable of exceeding 40 km per hour on a level road, is not equipped with a speedometer so constructed and in such a position as at all times readily to indicate to the driver of the vehicle within a margin of accuracy of plus or minus 10 percent any speed at which he may be travelling;

   (c)   which, except in the case of a motor-cycle, or a motor vehicle having three wheels arranged symmetrically in relation to the vehicle's longitudinal axis and of a weight not exceeding 400 kg, is not equipped with a reverse gear;

   (d)   the fuel tank, fuel containers and pipes of which are not maintained in a sound condition and free from leaks;

   (e)   which is not fitted with a cap effectively covering the filling orifice of any fuel tank;

   (f)   in which the electrical wiring is not properly installed, insulated and maintained so that it does not constitute a source of danger;

   (g)   in the case of a motor-cycle with an engine capacity of 200 cc or more, which is not equipped with a bar or tube both towards the front and the rear on either side of the frame, at approximately right angles to it, so positioned and constructed as to afford protection to the legs of the driver, and of sufficient strength to support the weight of the motor-cycle, should it fall on its side.

 

30.   Exhausts, silencers and exhaust pipes

   No person shall operate on a road any motor vehicle-

   (a)   unless an efficient exhaust silencer or muffling device is affixed to such motor vehicle in such a manner that the exhaust gas from its engine is projected through such silencer or muffling device which shall be so constructed as to reduce and muffle in an effective manner the sound produced by such exhaust;

   (b)   if any mechanism or device is attached thereto enabling the exhaust gas from the engine of such motor vehicle to be projected otherwise than through the silencer or muffling device referred to in subparagraph (a);

   (c)   if the exhaust gas from its engine or visible vapour is discharged under the motor vehicle or is directed to the left side of such motor vehicle or in such manner as is likely to raise dust on a road or cause a nuisance:

         Provided that in the case of a motor-cycle the engine capacity of which is less than 50 cc the tailpipe may deflect downwards to a maximum of 45 degrees and to the left to a maximum of 15 degrees; or

   (d)   if the exhaust pipe or silencer thereof is in such a position that oil or other inflammable liquid or material can drip or fall on to it or is so placed and maintained that exhaust fumes leak into the driver's cab or passenger compartments of the vehicle.

 

31.   Entrances and exits

   No person shall operate on a road any motor vehicle, other than a motor omnibus, an ambulance or a motor vehicle weighing less than 400 kg, which is not so constructed as to afford for the occupants thereof at least one ready means of entrance and exit on each side, each of which means shall be equipped with a permanent device capable of being operated from both the inside and the outside of the vehicle for the purpose of opening and closing such entrance or exit; such entrances or exits shall at all times be kept clear of any obstruction while the vehicle is in use unless some other ready means of escape, capable of being operated both from the inside and the outside of the vehicle, is provided.

PART V
Lamps and other Lighting Equipment on Vehicles
(regs 32-62)

 

32.   Visibility distance of lamps

   Where provision is made in this Part as to the distance from which certain lamps and devices shall render objects visible or the distance within which such lamps or devices shall be visible, such provision shall apply during the hours between sunset and sunrise in respect of a vehicle without load when upon a straight, reasonably level, unlighted road in clear weather unless a different time or condition is expressly stated.

 

33.   Headlamps on motor vehicle other than a motor-cycle or trailer

   (1) No person shall operate on a road a motor vehicle, other than a motor-cycle or trailer, unless it is fitted in front with one or two headlamps on each side of its longitudinal centre-line.

   (2) At least one headlamp referred to in subregulation (1) shall be so placed on each side of the longitudinal centre-line of the motor vehicle concerned that the portion of its illuminating surface furthest from the longitudinal centre-line of the vehicle is not further than 400 mm from the outer edge of the front of the vehicle unless a parking lamp complying with the provisions of regulation 41 is provided on the same side and approximately at the same height as any such headlamp.

 

34.   Headlamps on motor-cycle

   (1) No person shall operate on a road a motor-cycle unless it is fitted with at least one and not more than two headlamps.

   (2) No person shall operate on a road a motor-cycle with a side-car unless such side-car is fitted with a headlamp or, subject to the provisions of regulation 41, a parking lamp.

   (3) No person shall operate on a road a two-wheeled motor-cycle without side-car unless its headlamp or headlamps are kept lighted.

   (4) During the hours between sunset and sunrise, no person shall operate on a road a motor-cycle with a side-car or a three-wheeled motor-cycle unless its headlamp or headlamps, including any headlamp on the side-car, are kept lighted.

 

35.   Beam of light to be emitted by headlamp

   Subject to the provisions of regulation 39, no person shall operate on a road-

   (a)   a motor vehicle having one or two headlamps unless every headlamp thereof emits-

      (i)   a beam of light complying with the provisions of regulations 36 and 37 (hereinafter referred to as "a driving beam"); or

      (ii)   a beam of light complying with the provisions of regulation 38 (hereinafter referred to as "a passing beam"); or

   (b)   a motor vehicle having four headlamps unless every headlamp thereof emits a driving beam or one of such headlamps on either side of the longitudinal centre-line of the vehicle concerned emits a passing beam while the remaining two headlamps are extinguished.

 

36.   Driving beams

   The driving beams of a motor vehicle shall be so adjusted and maintained that-

   (a)   when such a vehicle is on a reasonably level road, the centre of the intense part of each beam of light shall slant downwards to strike the surface ahead of the vehicle at a distance not exceeding 100 m in clear weather; and

   (b)   they shall be capable of properly illuminating an area ahead of the motor vehicle for a distance of at least 100 m and of giving sufficient side illumination to reveal any person, vehicle or substantial object 3 m from either side of such motor vehicle at a point 3 m ahead of the headlamps:

         Provided that the requirements of this paragraph shall not apply in respect of a headlamp fitted to the side-car of a motor-cycle in addition to a headlamp fitted to the motor-cycle itself.

 

37.   Driving beams to be capable of being extinguished at approach of vehicular traffic

   Subject to the provisions of regulation 36(b), the driving beams emitted by the headlamps of a motor vehicle shall be capable of being extinguished-

   (a)   by the operation of a device which at the same time shall cause passing beams to be emitted from such headlamps; or

   (b)   by the operation of a device which at the same time shall cause passing beams to be emitted from a maximum of two fog lamps which shall comply with the requirements of regulation 40:

         Provided that-

      (i)   if two fog lamps are provided for this purpose and any of such lamps is so placed that the portion of its illuminating surface which is furthest from the longitudinal centre-line of the vehicle is further than 400 mm from the outer edge of the front of such vehicle, a parking lamp complying with the provisions of regulation 41 shall be fitted on that side of the vehicle in such a manner that it shall operate simultaneously with the fog lamps;

      (ii)   if one fog lamp is provided for this purpose on a vehicle, other than a motor-cycle, two parking lamps complying with the provisions of regulation 41 shall be fitted, one on each side of the vehicle, in such a manner that they shall operate simultaneously with the fog lamps; or

      (iii)   no such fog lamp shall be provided for this purpose on a side-car of a motor-cycle unless the motor-cycle itself is also equipped with such a fog lamp or with a parking lamp complying with the provisions of regulation 41 which shall operate simultaneously with the fog lamp on the side-car but, if the driving beam emitted by a headlamp on a side-car is extinguished and the only fog lamp which is provided is on the motor-cycle itself, a parking lamp complying with the provisions of regulation 41 shall, simultaneously with the fog lamp, be brought into operation on the side-car.

 

38.   Passing beams

   The passing beams of a motor vehicle shall be so adjusted and maintained that-

   (a)   when such vehicle is on a reasonably level road, the centre of the intense part of each beam of light shall slant downwards to strike the surface ahead of the vehicle at a distance not exceeding 45 m in clear weather;

   (b)   they shall be capable of properly illuminating an area ahead of the motor vehicle sufficiently to reveal any person, vehicle or substantial object on the road ahead of such motor vehicle for a distance of at least 45 m:

         Provided that the requirements of this paragraph shall not apply in respect of a headlamp fitted to the side-car of a motor-cycle in addition to a headlamp fitted to the motor-cycle itself;

   (c)   they do not cause dangerous glare to oncoming traffic on a reasonably level road; and

   (d)   they are not deflected towards the right.

 

39.   Lights to be displayed on stopped or parked motor vehicle

   During the hours between sunset and sunrise no person shall, on a road, stop or park a motor vehicle unless-

   (a)   the headlamps thereof emit a passing beam of light complying with the provisions of regulation 38, or a beam of light complying with the provisions of regulation 41 is emitted from parking lamps incorporated in such headlamps; or

   (b)   if the headlamps thereof are existinguished, light is emitted from two fog lamps or parking lamps complying with the provisions of regulations 40 and 41 respectively.

 

40.   Fog lamps

   (1) A motor vehicle may be equipped with fog lamps, two in number, which shall, when in operation, emit passing beams of light complying with the provisions of regulation 38.

   (2) No fog lamp shall be fitted at a height of more than 600 mm above ground level, measured to the centre of the lamp.

 

41.   Parking lamps

   (1) A motor vehicle, other than a motor-cycle, shall be equipped with two parking lamps, each of which shall-

   (a)   have a capacity of between 6 and 15 W;

   (b)   be visible from directly in front of the vehicle; and

   (c)   be so placed that the portion of the illuminating surface furthest from the longitudinal centre-line of the motor vehicle is not more than 400 mm from the outer edge of the front of the motor vehicle.

   (2) In lieu of the parking lamps referred to in subregulation (1), parking lamps having a capacity of between 6 and 15 W and visible from directly in front of the vehicle may be incorporated in the headlamps of a motor vehicle.

 

42.   When parking lamps are to be kept lighted

   (1) During the hours between sunset and sunrise no person shall operate on a road a motor vehicle if on any side of the longitudinal centre-line thereof no headlamp in use is so placed that the portion of its illuminating surface furthest from such centre-line is within 400 mm from the outer edge of the front of the vehicle, unless a parking lamp fitted to that side of the vehicle and complying with regulation 41 is kept lighted.

   (2) During the hours between sunset and sunrise, no person shall operate on a road a motor vehicle, other than a motor-cycle, unless its parking lamps are kept lighted.

 

43.   Clearance lamps

   (1) During the hours between sunset and sunrise no person shall operate on a road a motor vehicle or combination of motor vehicles, other than a motor-cycle, if the widest part of such vehicle or combination of vehicles or any load carried thereon extends more than 400 mm beyond the illuminating surface of the outermost front lamp nearest thereto, unless there are fitted to the widest part of such vehicle or combination of vehicles or load whichever projects furthest from the longitudinal centre-line of the motor vehicle two front clearance lamps which shall be placed one towards each side as high up as possible in such a manner that the centre of such lamp shall be as near as possible to but in no case further than 400 mm from, the outer edge of the widest part of the motor vehicle or combination of motor vehicles or load.

   (2) Each front clearance lamp shall-

   (a)   emit a white light;

   (b)   not exceed a capacity of 15 W;

   (c)   be kept lighted whenever lights are required to be displayed on vehicles; and

   (d)   be visible from directly in front of the motor vehicle or combination of motor vehicles to which it is fitted.

 

44.   Rear lamps on motor vehicle

   (1) No person shall operate on a road a motor vehicle, other than a motor cycle-

   (a)   unless it is fitted with at least two lamps at the back thereof capable of emitting a red light directly to the rear;

   (b)   unless such rear lamps are so fitted on the motor vehicle so as to be not less than 300 mm and not more than 1,5 m from ground level.

   (2) In the case of a combination of motor vehicles both the drawing vehicle and the trailer or, if there be more than one trailer, the drawing vehicle and the rearmost trailer shall be equipped with rear lamps conforming with subregulation (1).

   (3) No person shall operate on a road a motor-cycle unless it is fitted with at least one lamp at the back thereof capable of emitting a red light directly to the rear.

   (4) During the hours between sunset and sunrise, no person shall operate on a road a motor vehicle or combination of motor vehicles unless the lamps prescribed by this regulation are kept lighted.

   (5) Subregulation (4) shall not apply in the case of a motor vehicle when it is towed by a breakdown vehicle which emits an intermittently-flashing amber light from a lamp fitted to it in accordance with regulation 52(4) and there is displayed on the rear of the towed vehicle a warning sign complying with regulation 68.

 

45.   Stoplight

   (1) Subject to the provisions of subregulation (3), no person shall operate on a road any motor vehicle, other than a trailer drawn by a tractor, a tractor or a motor vehicle in the circumstances contemplated in regulation 44(4), unless it is fitted with at least one stoplight, that is to say, a lamp which shall-

   (a)   be fitted to the back of the vehicle so as to be visible from the rear:

         Provided that, where such stoplight cannot conveniently be fitted to the back of a vehicle, it may be fitted at a distance not exceeding 600 mm to the front of the rear end in such a position as to be clearly visible from the rear;

   (b)   be fitted at a height not less than 300 mm and not more than 2,1 m above ground level measured to the centre of the lamp;

   (c)   be placed in the centre or to the right of the longitudinal centre-line of the vehicle to which it is fitted, or, where two lamps are fitted, be so placed as to be equidistant from, and on each side of, such centre-line;

   (d)   when in use, emit red light, the intensity of which shall be greater than that of the light emitted by the rear lamps on the vehicle and shall be visible in normal sunlight at a distance of not less than 30 m to a person of normal eyesight;

   (e)   be so connected that, if the vehicle is in motion, it shall come into operation as soon as the operative device of the service brake or similar brake of the vehicle, or, in the case of a combination of motor vehicles, of the drawing vehicle, is activated; and

   (f)   be maintained in a clean condition and in good working order.

   (2) In the case of a combination of motor vehicles, both the drawing vehicle and the trailer, or, where there is more than one trailer, the drawing vehicle and the rearmost trailer shall be equipped with a stoplight complying with the provisions of subregulation (1).

   (3) A stoplight complying with the provisions of subregulation (1) may be incorporated in rear lamps fitted to a vehicle in terms of regulation 44.

 

46.   Registration plate lamp

   (1) Subject to the provisions of subregulation (3), no person shall operate on a road a motor vehicle unless it is fitted with at least one registration plate lamp at the back thereof, capable of illuminating the registration plate by means of a white light which shall make every letter and figure of such plate or card plainly distinguishable from a distance of at least 20 m by a person of normal eyesight:

   Provided that a registration plate lamp need not be kept lighted on a motor vehicle parked on a road.

   (2) The beam of light of a registration plate lamp shall not be directed to the rear.

   (3) In the case of a combination of motor vehicles the drawing vehicle and the rearmost trailer shall be equipped with a registration plate lamp as referred to in subregulation (1).

 

47.   Side marker lamps

   (1) Any motor vehicle or combination of motor vehicles may be fitted with side marker lamps along each of its sides which, when in operation, shall emit diffused yellow light.

   (2) Such side marker lamps shall be so placed that-

   (a)   there is a lamp within 400 mm of each end of the body of each vehicle;

   (b)   the distance between successive lamps on any motor vehicle or combination of motor vehicles is not more than 3,6 m;

   (c)   they are not less than 300 mm nor more than 1,1 m from the ground; and

   (d)   they face directly outwards from the side to which they are fitted in a direction at right angles to the longitudinal centre-line of the vehicle to which they are fitted.

 

48.   Interior lamps

   A lamp emitting a diffused light may be provided on any vehicle for the purpose of illuminating the interior, including the instrument panel thereof, or any entrance thereto.

 

49.   Lamp illuminating notice on vehicle

   (1) A lamp illuminating a notice relating to the destination of a vehicle or its availability for hire may be fitted to any public service vehicle.

   (2) A lamp illuminating a notice or token indicating the use of a vehicle as an ambulance, fire-fighting, police or traffic-control vehicle may be fitted to such vehicle.

 

50.   Reversing lamps

   (1) A motor vehicle may be fitted with a reversing lamp, that is to say, a lamp illuminating the road to the rear of or under the vehicle.

   (2) Such a lamp shall be under the direct control of the driver and shall be so fitted as to operate only when the motor vehicle is placed in reverse gear.

   (3) Not more than two such lamps shall be fitted to a vehicle and no light shall be emitted therefrom except when the vehicle is reversing or about to reverse.

 

51.   Inspection lamps

   An inspection lamp may be carried on or fitted to a vehicle, but shall only be displayed when actually in use for the purpose of carrying out repairs or inspection.

 

52.   Identification lamps

   (1) A motor vehicle, the gross weight of which exceeds 3 500 kg and which is not an ambulance, fire-fighting or police vehicle, may be fitted above the windscreen with two or more identification lamps and each such lamp shall-

   (a)   not exceed a capacity of 15 W;

   (b)   be visible from directly in front of the motor vehicle to which it is fitted; and

   (c)   in the case of a motor-omnibus or a commercial vehicle, emit a green light.

   (2) An ambulance or fire-fighting vehicle may be fitted above the windscreen with one lamp emitting an intermittently-flashing red, yellow or amber light in any direction.

   (3) A police vehicle may be fitted with a lamp or lamps emitting an intermittently-flashing blue light in any direction and an illuminated sign which may, at the will of the driver, give instructions to traffic.

   (4) A motor vehicle which is a breakdown vehicle or a vehicle employed in connection with the maintenance of roads or the supply of electricity or other essential services may be fitted with a lamp or lamps emitting an intermittently-flashing amber light in any direction:

   Provided that such light may only be used at the place where the breakdown occurred or where the maintenance or other work or an inspection is being carried out or when such breakdown vehicle is towing a motor vehicle.

 

53.   Prohibition of use of spotlight

   No person shall operate on a road a motor vehicle if it is fitted with a lamp, known as a "spotlight", which can be so adjusted as to enable a beam of light projected therefrom to be deflected in any direction:

   Provided that a spotlight-

   (i)   may be fitted and used for official purposes on any ambulance or a fire-fighting or police vehicle;

   (ii)   may be fitted to a breakdown vehicle or a vehicle employed in connection with the supply of electricity or other essential services; when used solely at the scene of an accident or breakdown or for the examination of overhead telephone, telegraph or power lines.

 

54.   Bicycles

   (1) During the hours between sunset and sunrise, no person shall operate on a road a bicycle unless it is fitted in front with a lamp showing a bright white light, the intense part of the beam of which shall, when such bicycle is on a reasonable level road, strike the surface ahead of such bicycle at a distance of not less than 3 m and not more than 30 m.

   (2) A bicycle may be fitted with one or more lamps emitting a red light directly to the rear.

 

55.   Animal-drawn and unspecified vehicles

   (1) This regulation shall apply to such roads as the Minister may, by order published in the Gazette, specify.

   (2) During the hours between sunset and sunrise, no person shall operate on a road an animal-drawn vehicle or any vehicle not elsewhere provided for in this Part, excluding a trailer, unless it is fitted in front, on the extreme right side of the body thereof, with a lamp emitting a white light forward:

   Provided that in the case of a vehicle drawn by animals not controlled by reins, there shall be a leader carrying a lamp emitting a white light forward at the head of the foremost animal in lieu of the lamp aforesaid.

   (3) In addition to the lamp prescribed in subregulation (2) a vehicle referred to therein may be fitted in front on the left with a lamp emitting a white light forward and may be fitted with one or more lamps emitting a red light directly to the rear.

 

56.   Front lamps of vehicles other than motor vehicles

   The light from any lamp to be carried on the front of a vehicle, other than a motor vehicle, shall be of a sufficient power to illuminate the roadway immediately ahead of such vehicle but shall not be of such a power or design or so fitted as to dazzle other persons using the public road.

 

57.   Colour of lights

   (1) Subject to the provisions of regulation 52, no person shall operate on a road a vehicle which is fitted with or carries on it a lamp which-

   (a)   emits a light which is not white, amber or yellow in colour towards the front;

   (b)   emits a light which is not yellow or amber in colour towards either side of the vehicle; or

   (c)   except in the case of a direction indicator or reversing lamp complying with the provisions of these Regulations, emits a light which is not red in colour towards the back.

   (2) When two or more lamps of the same class emitting light in the same direction are fitted to a vehicle they shall emit light of the same colour.

 

58.   Brilliance of lights

   Every lamp required to be fitted to or to be used in connection with any vehicle in terms of these Regulations shall emit a light of sufficient brilliance to be visible from a distance of at least 150 m by a person of normal eyesight.

 

59.   Lamps, with exceptions, to emit diffused light

   Every lamp fitted to a vehicle, other than the headlamps of a motor vehicle, the front lamp of a bicycle, spotlight, inspection lamp and fog lamps, shall emit diffused light when in operation on a road.

 

60.   Lamps to emit steady light

   Except where otherwise provided, a lamp fitted to or used in connection with any vehicle shall emit a steady light when in operation.

 

61.   Manner in which lamps are to be fitted and maintained

   (1) The headlamps of a motor vehicle shall be fitted at a height of not less than 450 mm and not more than 1,4 m above ground level, measured to the centre of the lamp.

   (2) The headlamps and fog lamps of a motor vehicle shall, unless the design of the lamp incorporates some other means of preventing dazzle, not be fitted with a lens or lenses of clear glass or other like material.

   (3) When two or more lamps of the same class are fitted to a vehicle they shall-

   (a)   be placed symmetrically in relation to the longitudinal centre-line of the vehicle; and

   (b)   except in the case of side marker lamps and direction indicator lamps, be so placed that any lamp on the one side of the vehicle concerned shall have a corresponding lamp at the same height on the other side of such vehicle.

   (4) Every lamp required to be fitted to a vehicle shall be securely fixed thereto.

   (5) The glass and reflector of every lamp required to be fitted to or used in connection with any vehicle shall be maintained in an effective and reasonably clean condition.

   (6) No lamp required to be fitted to or displayed in connection with a vehicle shall be wholly or partially obscured by any fitting or object on the vehicle.

 

62.   Lamps not prescribed or authorized, prohibited

   No lamp other than a lamp prescribed or authorized in terms of these Regulations shall be fitted to any vehicle operated on a road.

PART VI
Retro-Reflectors and Reflectors
(regs 63-69)

 

63.   White retro-reflectors to be fitted on front of certain vehicles

   (1) No person shall operate-

   (a)   any motor vehicle, other than a motor-cycle; or

   (b)   any animal-drawn vehicle,

on a road unless there are fitted on the front of such vehicle and at the same height two white retro-reflectors, one on each side the longitudinal centre-line thereof and equidistant therefrom and otherwise complying with the provisions of this Part.

   (2) Each retro-reflector referred to in subregulation (1) shall-

   (a)   in the case of a motor vehicle other than a trailer, be so placed that the portion of its reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 400 mm from the outer edge of the widest portion of the vehicle; and

   (b)   in the case of any vehicle not provided for in paragraph (a), be so placed that the portion of its reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 50 mm from the outer edge of the widest portion of the vehicle:

         Provided that where by reason of the structure of any vehicle a retro-reflector cannot be placed in accordance with the provisions of this subregulation, such retro-reflector shall be placed as near as possible to the outer edge concerned.

   (3) No person shall operate any motor-cycle on a road unless there is fitted on the front of such vehicle a white retro-reflector complying with the provisions of this Part.

 

64.   Red retro-reflectors to be fitted on back of certain vehicles

   (1) No person shall operate on a road any motor vehicle, other than a motor-cycle, unless there are fitted on the back of such vehicle and at the same height two red retro-reflectors, one on each side of the longitudinal centre-line thereof and equidistant therefrom and otherwise complying with the provisions of this Part:

   Provided that, in the case of a combination of motor vehicles, both the drawing vehicle and the trailer or, if there be more than one trailer, the drawing vehicle and the rearmost trailer shall be fitted with such retro-reflector.

   (2) Each retro-reflector referred to in subregulation (1) shall be so placed that the portion of its reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 400 mm from the outer edge of the widest portion of the vehicle:

   Provided that where by reason of the structure of any vehicle a retro-reflector cannot be placed in accordance with the provisions of this subregulation, such retro-reflector shall be placed as near as possible to the outer edge concerned.

   (3) No person shall operate on a road any motor-cycle unless there is fitted on the back of such vehicle a red retro-reflector complying with the provisions of this Part.

   (4) During the hours between sunset and sunrise, no person shall operate on a road any bicycle unless there is fitted on the back of such bicycle a red retro-reflector complying with the provisions of this Part or the rear mudguard is equipped with red reflective material at least 38 mm wide and of such length that at least 3 800 mm2 of uninterrupted reflective surface is provided.

   (5) The material shall be so positioned that the lower edge thereof and the lower edge of the mudguard correspond.

   (6) During the hours between sunset and sunrise, no person shall operate on a road any animal-drawn vehicle unless there are fitted on the back of such vehicle and at the same height two red retro-reflectors, one on each side of the longitudinal centre-line thereof and equidistant therefrom and not further than 400 mm from the outer edge of the widest portion of such vehicle.

 

65.   Yellow retro-reflectors to be fitted on sides of certain motor vehicles

   No person shall operate on a road a motor vehicle or a combination of motor vehicles if the overall length of such vehicle or combination exceeds 7 m unless there are fitted on each side thereof and at the same height on such vehicle or on every vehicle of such combination yellow retro-reflectors, one within 400 mm of the front and one within 400 mm of the back of such vehicle or combination and so many additional yellow retro-reflectors as may be necessary to ensure that no two such successive retro-reflectors on any one side are more than 3,5 m apart, and otherwise complying with the provisions of this Part:

   Provided that in the case of a combination of motor vehicles where the drawing vehicle is a motor-car, yellow retro-reflectors shall not be required to be fitted to such drawing vehicle and for the purposes of this regulation the front of any such combination shall be deemed to be the front of the vehicle immediately following such drawing vehicle.

 

66.   General requirements for retro-reflectors

   Every retro-reflector required to be fitted to a vehicle or load in terms of this Part shall-

   (a)   be not lower than 300 mm and not higher than 1,1 m from ground level, measured to the centre of the retro-reflector:

         Provided that if, owing to the structure of the vehicle, it is impossible to fit retro-reflectors on the sides of the body of such vehicle at the prescribed height, the retro-reflectors shall be fitted as near as possible to such height;

   (b)   if it be a-

      (i)   white retro-reflector, be in a vertical position and face squarely to the front;

      (ii)   red retro-reflector, be in a vertical position and face squarely to the back; and

      (iii)   yellow retro-reflector, be in a vertical position and face squarely to the side;

   (c)   be clean, unbroken and unobscured and not be fitted to any movable part of the vehicle; and

   (d)   in the case of a vehicle of a gross vehicle weight less than 3 500 kg, have a reflecting area of not less than 10 cm2">, and, in the case of any other vehicle, have a reflecting area of not less than 35 cm2">

 

67.   Back retro-reflectors on vehicles with abnormal body

   If it is not practicable to fit retro-reflectors on the body of a vehicle so as to comply with the requirements of both regulations 63(2) and 66(a), two red retro-reflectors shall be fitted to the back of such vehicle in the manner prescribed in regulation 63(2) as low as possible on the body of such vehicle and two additional red retro-reflectors shall be fitted on the back of the vehicle on the underframe thereof at the height prescribed in regulation 66(a) as far apart as such underframe will permit.

 

68.   Warning sign on back of certain motor vehicles

   (1) For the purposes of this regulation-

   (a)   the expression "motor vehicle" shall not include motor-car, motor-cycle, tractor, or any other motor vehicle the tare of which does not exceed 1 800 kg and which is not a trailer; and

   (b)   "reflective material" means reflective material which under all circumstances is capable of reflecting light.

   (2) No person shall operate on a road a motor vehicle unless there is displayed on the back of such motor vehicle a warning sign complying with the provisions of subregulation (3).

   (3) The warning sign referred to in subregulation (2) shall consist of either-

   (a)   alternative diagonal strips of red reflective and yellow non-reflective material in the form of a chevron pattern as illustrated in part A of the Fifth Schedule; or

   (b)   not less than seven nor more than 11 red retro-reflectors each with a reflecting area of not less than 10 cm2"> set in two lines in the manner illustrated in Part B of the Fifth Schedule.

   (4) Every warning sign required to be displayed on a motor vehicle in terms of this regulation shall-

   (a)   be in an upright position or within 15 degrees of such position and face squarely to the back;

   (b)   be so placed that the lower edge thereof is not more than 1,1 m above ground level:

         Provided that if, owing to the structure of the vehicle, it is impracticable to fit the warning sign at the prescribed height, it shall be fitted as near as possible to such height;

   (c)   extend horizontally for such distance as is necessary to indicate the overall width of the vehicle to which it is fitted to within 400 mm on either side; and

   (d)   be unobscured and clean.

   (5) In the case of a combination of motor vehicles it shall be a sufficient compliance with this regulation if there is displayed a warning sign referred to in subregulation (2) on the rearmost vehicle.

 

69.   Unlawful use of retro-reflectors

   No person shall operate on a road any vehicle while displaying to the-

   (a)   front thereof, a retro-reflector which is not a white reflector;

   (b)   back thereof, a retro-reflector which is not a red reflector; or

   (c)   side thereof, a retro-reflector which is not a yellow reflector:

   Provided that-

   (i)   the provisions of this regulation shall not apply in respect of a registration plate;

   (ii)   the pedals or pedal arms of a bicycle may be equipped with yellow retro-reflectors.

PART VII
Direction Indicators
(regs 70-78)

 

70.   Motor vehicle to be equipped with direction indicators

   No person shall operate on a road any motor vehicle, not being a tractor, trailer or two-wheeled vehicle, unless it is equipped on both sides with direction indicators of one of the types referred to in this Part and otherwise complying with the provisions thereof:

   Provided that where a motor vehicle forms part of a combination of motor vehicles and a direction indicator with which such motor vehicle is required to be equipped is obscured by any trailer forming part of such combination, such trailer shall, subject to the provisions of regulation 76, be deemed to be part of such motor vehicle.

 

71.   Direction indicators of unilluminated movable arm type

   Direction indicators of the unilluminated movable arm type shall comply with the following requirements-

   (a)   when in use, the indicator shall project at least 300 mm but not more than 380 mm beyond the widest part of the vehicle or load thereon, whichever is the wider;

   (b)   the width of the arm of the indicator shall be not less than 25 mm and a disc with a diameter of 100 mm shall be mounted on the outer end of the arm;

   (c)   a yellow or amber retro-reflector, complying with the requirements of Part VI, shall be fitted centrally on the back and front surfaces of the disc referred to in paragraph (b);

   (d)   the front and back surfaces of the indicator shall be white with a red stripe, the width whereof shall be not less than 5 mm or more than 15 mm, extending centrally throughout the full length of the indicator, interrupted only by the retro-reflector in the disc; and

   (e)   when not in use, the indicator shall be retracted out of sight or be in a vertical position so that it cannot be mistaken for a signal.

 

72.   Direction indicators of illuminated movable arm type

   Direction indicators of the illuminated movable arm type shall comply with the following requirements-

   (a)   each indicator shall incorporate a lamp;

   (b)   when in use, the indicator shall project at least 230 mm but not more than 380 mm beyond the widest part of the vehicle or the load thereon, whichever is the wider;

   (c)   when in use, the indicator shall show a steady light or intermittently-flashing light which shall be yellow or amber to the front and yellow, amber or red to the rear, and shall be of such intensity that it is clearly visible in normal sunlight at a distance of not less than 30 m to a person of normal eyesight; and

   (d)   when not in use, the indicator shall be retracted or in a vertical position with the light extinguished.

 

73.   Direction indicators of flasher type

   Direction indicators of the flasher type shall comply with the following requirements-

   (a)   each indicator shall incorporate a lamp or lamps;

   (b)   when in use, such lamp shall show an intermittently-flashing light of such intensity that it is clearly visible in normal sunlight at a distance of not less than 30 m to a person of normal eyesight;

   (c)   the indicators shall be equidistant from the longitudinal centre-line of the motor vehicle and as near as possible to, but not more than 400 mm from, the outer edge of the front or rear of the motor vehicle;

   (d)   subject to the provisions of paragraph (e), the indicators shall be so mounted that they are visible from the-

      (i)   rear, anywhere within an angle of 15 degrees inside and 45 degrees outside; and

      (ii)   front, anywhere within an angle of 45 degrees outside, of a line which is parallel to the longitudinal centre-line of the vehicle and which passes through the centre of the illuminated area of the indicator;

   (e)   where it is not practicable to comply with the provisions of paragraph (d) in the case of a single indicator on any one side, one indicator shall be mounted towards the front and one towards the rear so that one shall be visible from the front and the other from the rear of the vehicle to which it is fitted within the limits prescribed by that paragraph;

   (f)   where any indicator is combined with or mounted within 150 mm of any lamp, the intensity of the light emitted from the indicator shall be greater than that from such lamp;

   (g)   the indicator lamps when in use shall emit white, yellow or amber light to the front and yellow, amber or red light to the rear and any one indicator may emit light towards the front and the rear simultaneously or emit light only to the front or only to the rear according to its position on the vehicle; and

   (h)   the indicator lamps shall flash at a frequency of not less than 60 nor more than 120 times per minute.

 

74.   Direction indicators of illuminated window type

   Direction indicators (to be known as direction indicators of the illuminated window type) shall comply with the following requirements-

   (a)   each indicator shall incorporate a lamp which, when in operation, shall emit a red, yellow or amber light to the rear and of such intensity that it is clearly visible in normal sunlight at a distance of not less than 30 m to a person of normal eyesight;

   (b)   the indicator shall be at least 150 mm long, 25 mm wide and arrow-shaped; and

   (c)   the indicator shall be fitted to the rear of the vehicle.

 

75.   Combination of different types of direction indicators

   Nothing contained in the preceding provision of this Part shall prohibit the fitting of two direction indicators of one of the types referred to in the preceding regulations on the front half of a vehicle and two direction indicators of another type referred to in the said regulations on the rear half of such vehicle.

 

76.   Direction indicators on motor vehicles with an overall length in excess of 7,6 m

   (1) No person shall operate on a road any motor vehicle or combination of motor vehicles of an overall length in excess of 7,6 m unless it is equipped on both sides of the front half and the rear half with direction indicators of any of the types referred to in this Part and otherwise complying with the provisions thereof.

   (2) The direction indicators on the rear half referred to in subregulation (1) shall, unless they be indicators of the type referred to in regulation 73, be-

   (a)   within 600 mm of the rear end of the vehicle; or

   (b)   in the case of a combination of motor vehicles, within 600 mm of the rear end of the last vehicle of such combination.

   (3) The provisions of this regulation shall not apply in respect of a tractor or a combination of motor vehicles the drawing vehicle of which is a tractor.

 

77.   General requirements for direction indicators

   (1) Direction indicators shall be fitted at a height of not less than 450 mm and not more than 2,1 m above ground level and shall be unobscured when in use:

   Provided that in the case of direction indicators mentioned in regulation 73, no minimum height is prescribed.

   (2) Where lamps are incorporated in direction indicators, the lamps showing to the front shall be located on the same level and the lamps showing to the rear shall be located on the same level.

   (3) Unless the direction indicators are so fitted that they are visible to the driver of the vehicle to which they are fitted directly or by reflection when he is in the driving position, a device shall be provided whereby he shall be given visible or audible warning when the indicators are in operation.

   (4) The direction indicators shall be so fitted that the indicators on one side can be operated separately from those on the other side:

   Provided that a separate switch may be fitted by means of which all the indicators can be operated simultaneously.

   (5) The driver of a motor vehicle on a road shall not put into operation all the direction indicators fitted to such vehicle simultaneously, except when such vehicle is stationary.

   (6) Where more than one direction indicator is fitted to indicate any one turning movement all such indicators shall be inter-connected so as to operate simultaneously.

   (7) All lamps of direction indicators shall, when in use, emit diffused light.

 

78.   Use of direction indicator

   The driver of a motor vehicle on a road shall not make use of any direction indicator not complying with the provisions of this Part.

PART VIII
Dimensions of Vehicles and Projections
(regs 79-87)

 

79.   Overall length of vehicle

   No person shall operate on a road-

   (a)   any trailer which is attached to a drawing vehicle in such manner that the combination of trailer and drawing vehicle cannot bend in a horizontal plane, if the overall length of such trailer, including any drawbar or coupling, exceeds 1,8 m;

   (b)   any trailer with one axle or one axle unit, excluding a semi-trailer, if the overall length of such trailer, excluding any drawbar or coupling, exceeds 8 m;

   (c)   any articulated motor vehicle or any other combination of motor vehicles consisting of a drawing vehicle and a semi-trailer, if the overall length, including any drawbar or coupling, exceeds 17 m;

   (d)   any other vehicle including a semi-trailer, if the overall length of such vehicle, including any drawbar or coupling, exceeds 12,5 m; or

   (e)   any other combination of motor vehicles, if the overall length of such vehicle, including any drawbar or coupling exceeds 22 m + 0.3 m.

 

80.   Restriction on combination of motor vehicles

   No person shall operate on a road any combination of motor vehicles-

   (a)   other than a drawing vehicle and one or two trailers;

   (b)   other than a motor vehicle drawing one other motor vehicle which is not a trailer;

   (c)   consisting of a trailer attached to a drawing vehicle in such a manner that the combination of trailer and drawing vehicle cannot bend in a horizontal plane, if the combined length of such trailer, including any drawbar or coupling, and the rear overhang of the drawing vehicle exceeds 3,1 m;

   (d)   if, in the case of a trailer, excluding a semi-trailer, where such trailer has more than one axle or axle unit, the distance between the centre-line of the rear axle or rear axle unit of the drawing vehicle and the centre-line of the front axle or front axle unit of such trailer, as the case may be, is greater than the wheel-base of such trailer and the provisions of this paragraph shall apply mutatis mutandis to a trailer attached to another trailer; or

   (e)   any other combination of motor vehicles, if the overall length of such vehicle, including any drawbar or coupling exceeds 22 m + 0.3 m.

 

81.   Overall width of vehicle

   No person shall operate on a road any vehicle the overall width of which exceeds 2,6 m.

 

82.   Overall height of vehicle and load

   No person shall operate on a road any vehicle the overall height of which, together with any load thereon measured from ground level to the highest projecting point, exceeds 4,3 m.

 

83.   Turning radius and wheel-base

   No person shall operate on a road any vehicle-

   (a)   the turning radius of which exceeds 13,1 m; or

   (b)   the wheel-base of which exceeds 8,5 m or, in the case of a semi-trailer, 9 m.

 

84.   Overhang of vehicle

   (1) No person shall operate on a road-

   (a)   any semi-trailer, the front overhang of which exceeds 1,5 m; or

   (b)   any vehicle, not being a semi-trailer or not being a trailer with one axle or one axle unit, the front overhang of which exceeds-

      (i)   60 percent of the wheel-base; or

      (ii)   6,2 m, in the case of a vehicle having the front surface of the back rest of the driver's seat at seat level not more than 1,7 m from the front end of the vehicle when such seat, if adjustable, is in the rearmost position, less half the wheel-base.

   (2) No person shall operate on a road-

   (a)   any vehicle designed or adapted for use in connection with street cleaning or the disposal of refuse or sewage, or any motor-omnibus, the rear overhang of which exceeds 70 percent of its wheel-base;

   (b)   any trailer, with one axle or one axle unit, other than a semi-trailer, the rear overhang of which exceeds 50 percent of the length of the body of such trailer; or

   (c)   any vehicle, not referred to in paragraph (a) or (b), the rear overhang of which exceeds 50 percent of its wheel-base.

 

85.   Projections in case of vehicle other than a motor-cycle or bicycle

   (1) No person shall operate on a road any vehicle, other than a motor-cycle or bicycle, carrying any goods or fitting which-

   (a)   excluding any side mirror or direction indicator, extend more than 1,25 m to either side of the longitudinal centre-line of such vehicle and no bracket shall extend more than 150 mm beyond the widest part of the vehicle;

   (b)   project more than 300 mm beyond the front end of the vehicle or if the front overhang together with any projection exceeds the front overhang for the vehicle as specified in regulation 84(1); or

   (c)   project more than 1,8 m beyond the rear end of the vehicle.

   (2) No person shall operate on a road any vehicle or combination of vehicles where the combined length of such vehicle or combination of vehicles and any projection exceeds the overall length prescribed in regulation 79 for such vehicle or combination of vehicles.

 

86.   Projection in case of motor-cycle or bicycle

   No person shall operate on a road any motor-cycle or bicycle if any goods carried thereon, or on any portion or side-car of such motor-cycle or bicycle, project more than 600 mm to the front of the axle of the front wheel or more than 900 mm to the rear of the axle of the back wheel or more than 450 mm on either side of the wheels of such motor-cycle or bicycle, or more than 300 mm to the outside of the wheel of any side-car:

   Provided that the provisions of this regulation shall not apply to any side-mirror or crash bars.

 

87.   Warning in respect of projecting load

   (1) No person shall operate any vehicle on a road if the load on such vehicle projects more than 150 mm beyond the side thereof, unless-

   (a)   during the hours between sunset and sunrise, the extent of such projection is indicated-

      (i)   by means of either a white retro-reflector or a lamp emitting a white light, fitted at the outer edge of the front of such load; and

      (ii)   by means of either a red retro-reflector or a lamp emitting a red light, fitted at the outer edge of the back of such load; and

   (b)   during any other period, the extent of such projection is indicated by means of flags of red cloth, not less than 300 mm by 300 mm suspended by two adjacent corners thereof transversely to the direction of travel of the vehicle from the front and back of such projection.

   (2) No person shall operate on a road any vehicle if the load on such vehicle projects more than 300 mm beyond the back thereof, unless-

   (a)   during the period referred to in subregulation (1)(a)-

      (i)   the width of such projection is indicated by means of red retro-reflectors or lamps emitting a red light fitted on the end of such projection:

            Provided that where the width of any such projection is less than 600 mm it shall be sufficient for the purpose of indicating such width to fit one retro-reflector or lamp on the end thereof; and

      (ii)   the length of such projection is indicated by means of yellow retro-reflectors or lamps emitting a yellow light fitted on both sides of such projection at the end thereof; and

   (b)   during any other period, the length of such projection is indicated by means of a flag of red cloth, not less than 300 mm by 300 mm suspended by two adjacent corners thereof transversely to the direction of travel of the vehicle, from the end of such projection and the width of such projection is indicated by means of such flags suspended by two adjacent corners thereof parallel to the direction of travel of the vehicle, from both sides of such projection at the end thereof:

         Provided that where the width of such projection is less than 600 mm it shall be sufficient for the purposes of indicating such projection to suspend one such flag from the end thereof.

PART IX
Loads on Vehicles
(regs 88-97)

 

88.   Manner in which children are counted

   For the purposes of establishing the number of persons that may in terms of these Regulations, other than regulation 119, be carried on any vehicle, other than a motor-omnibus, a motor-cycle or bicycle-

   (a)   any child under the age of three years shall not be counted;

   (b)   two children of three years or over but under the age of six years shall be counted as one person; and

   (c)   three children of six years or over but under the age of 13 years shall be counted as two persons:

   Provided that in applying the provisions of this regulation fractions shall be disregarded.

 

89.   Weight of person for determining weight of load

   For the purposes of establishing the weight of any load which may be carried on any vehicle in terms of these Regulations, the weight of any person together with his personal effects shall, subject to the provisions of regulation 88, be taken as 63 kg.

 

90.   Number of persons that may be carried on vehicle

   (1) Subject to the provisions of regulation 88, no person shall operate on a road any vehicle, other than a motor-omnibus, motor-cycle or bicycle if-

   (a)   the number of persons on any seat of such vehicle exceeds the number of persons for whom seating accommodation is provided on such seat at the rate of 380 mm per person measured along the rear length of such seat at seat level; or

   (b)   the total number of persons carried on such vehicle, excluding persons carried without reward in the goods compartment of the vehicle, exceeds the number of persons for whom seating accommodation, determined in the manner referred to in paragraph (a), is available in such vehicle:

         Provided that, in addition to any child under the age of three years, one child under the age of six years may be carried on each transverse seat in excess of the number of persons for whom seating accommodation determined in the manner referred to in paragraph (a) is available on such seat.

   (2) Subject to the provisions of regulation 88, no person shall operate on a road any motor-omnibus if the number of persons on any seat exceeds the number of persons for whom seating accommodation is provided on such seat at the rate of 400 mm per person measured along the rear of such seat at seat level.

   (3) For the purposes of the proviso to subregulation (1)(b), a row of seats shall be regarded as one seat.

 

91.   Loads on tyres

   (1) No person shall operate on a road any motor-omnibus or commercial vehicle where the gross vehicle weight of such omnibus or commercial vehicle exceeds 3 500 kg and which is fitted with pneumatic tyres if any wheel weight-load is in excess of that recommended by the manufacturer of such tyre.

   (2) No person shall operate on a road any vehicle fitted with tyres, other than pneumatic tyres, if the wheel weight exceeds 8 kg per 1 mm width of such tyre.

 

92.   Specification of total weight of vehicle

   (1) No person shall operate on a road any motor-omnibus or commercial vehicle if-

   (a)   the gross vehicle weight;

   (b)   any gross axle weight-load;

   (c)   any gross axle unit weight-load; or

   (d)   the gross combination weight,

in respect of such motor-omnibus or commercial vehicle is exceeded.

   (2) No person shall operate on a road any vehicle which is a motor-omnibus or commercial vehicle if the weight in kilogrammes of such vehicle or of a combination of vehicles of which such first-mentioned vehicle forms a part, whether laden or unladen, exceeds five times the total axle weight-load of the driving axle or axles of the vehicle.

 

93.   Axle weight-load of vehicle with pneumatic tyres

   Subject to the provisions of regulation 94, no person shall operate on a road any vehicle or combination of vehicles if the wheels thereof are fitted with pneumatic tyres-

   (a)   (i)   if, subject to the provisions of subparagraph (ii), any wheel weight-load exceeds 3 850 kg; or

      (ii)   if any axle weight-load exceeds that specified in the following Table-

TABLE

Maximum Axle Load Limits (Tonnes)

Gross Combination
Mass Tonnes

  Single

Tandem 

Tridem 

Steering 

Drive 

8 tyres 

12 tyres 

(2 tyres) 

(4 tyres) 

 

 

8.0

9.0

18

24 

56

   (b)   if, subject to the provisions of paragraph (a)(ii), the total axle weight-load of any group of consecutive axles exceeds that specified in the following Table-

TABLE

Distance in metres between the centre-lines of the extreme axles of any group of consecutive axles

Total axle weight-load of group of consecutive axles in kilogrammes  

1,2 

18 160 

1,5 

18 700 

2,0 

19 600 

2,5 

20 500 

3,0 

21 400 

3,5 

22 300 

4,0 

23 200 

4,5 

24 100 

5,0 

25 000 

5,5 

25 900 

6,0 

26 800 

6,5 

27 700 

7,0 

28 600 

7,5 

29 500 

8,0 

30 400 

 

8,5 

31 300 

9,0 

32 200 

9,5 

33 100 

10,0

34 000

11,0 

35 800 

12,0 

37 600 

13,0 

39 400 

14,0 

41 200 

15,0 

43 000 

16,0 

44 800 

17,0 

46 600 

18,0 

48 400

19,0

50 200

   Provided that where the distance between the centre-lines falls between any two distances hereinbefore specified, the total axle weight-load of such group of consecutive axles shall be determined by direct proportion.

 

94.   Distribution of axle weight-load

   No person shall operate on a road any motor vehicle fitted with pneumatic tyres if any axle weight-load of such vehicle exceeds 9 000 kg if more than two wheels are fixed to such axle unless such axle is so designed and constructed as to equalise the wheel weight-loads of that axle.

 

95.   Axle weight of vehicles fitted with metal

   No person shall operate on a road a vehicle fitted with metal tyres, if any axle weight-load of such vehicle exceeds 500 kg.

 

96.   Manner in which goods shall be carried

   No person shall operate on a road a motor vehicle carrying any goods-

   (a)   in such a manner as to come into contact with the surface of the road on which the vehicle is being operated:

         Provided that a chain, known as a "static chain", may be carried in contact with the surface of such road;

   (b)   in such a manner as to obscure the driver's view of traffic to his front or on either side or his view in the rearview mirror of traffic to the rear;

   (c)   which is not safely contained within the body of the vehicle or securely fastened to the vehicle; or

   (d)   on the roof thereof, in the case where such vehicle is a motor car, if the height of such goods measured from the highest point of such roof exceeds one-half of the height of the motor car, measured from ground level.

 

97.   Presumptions

   Where, in any prosecution for an offence under this Part, an allegation is made in the charge-sheet or summons in relation to-

   (a)   the gross vehicle weight;

   (b)   the gross axle weight-load;

   (c)   the gross axle unit weight-load;

   (d)   the gross combination weight;

   (e)   the maximum nett power in kilowatts at sea level delivered to the transmission;

   (f)   the permissible maximum vehicle weight;

   (g)   the permissible maximum drawing vehicle weight; and

   (h)   the permissible axle weight-load or axle unit weight-load,

such allegation shall be presumed to be correct, until the contrary is proved.

PART X
General Requirements for Public Service Vehicles
(regs 98-105)

 

98.   Vehicle to be in good state of repair

   No person shall operate on a road a public service vehicle unless it is in all respects in a good state of repair.

 

99.   Vehicle to be kept clean

   No person shall operate on a road a public service vehicle for the conveyance of passengers unless it is in a clean and hygienic condition.

 

100.   Notice required of load which may be carried by public service vehicle, other than taxi, for conveyance of passengers

   No person shall operate on a road a public service vehicle, other than a taxi, for the conveyance of passengers and goods, other than the personal effects of such passengers, unless there is conspicuously displayed inside such vehicle in figures of at least 75 mm high a notice stating the load that may be carried on such vehicle in the following terms-

   "CERTIFIED TO CARRY .......................................... PASSENGERS SEATED, ........................... PASSENGERS STANDING AND ............ KG. GOODS."

 

101.   Taxicab passenger capacity plates

   (1) No person shall operate a taxicab on a road for the conveyance of passengers or goods or to ply for hire unless-

   (a)   the taxicab carries in the manner prescribed by this regulation a plate (hereinafter referred to as a "taxicab passenger capacity plate"), issued by the Registrar for that taxicab on payment of the prescribed fee, indicating the maximum number of passengers allowed by the Registrar to be carried at any time on that taxicab; and

   (b)   such plate is maintained in the condition in which it was so issued and is clearly legible.

   (2) Every taxicab passenger capacity plate shall-

   (a)   be fixed on the rear elevation of the taxicab;

   (b)   be in an upright position; and

   (c)   be so placed as to be clearly visible from behind the taxicab.

   (3) Where a public service vehicle has been but ceases to be a taxicab, the registered owner of the vehicle shall forthwith return to the Registrar the taxicab passenger capacity plate issued for that vehicle.

 

102.   Goods to be carried in goods compartment or container

   No person shall on a road convey goods in a public service vehicle for the conveyance of passengers otherwise than in a goods compartment or container:

   Provided that this provision shall not apply to the personal effects of passengers or of the driver or conductor which are carried on such vehicle without undue interference with the comfort or safety of any other person.

 

103.   Fare to be paid

   A passenger on a public service vehicle shall pay to the conductor or, if there is no conductor, to the driver of such vehicle, the lawful fare due in respect of the journey undertaken or to be undertaken by him, or produce to him or any inspector proof that the fare due has been paid.

 

104.   Exclusion of certain persons from vehicle

   The driver or conductor of a public service vehicle may exclude from such vehicle any intoxicated or rowdy person or any person whose body or clothing is so dirty that it is likely to cause offence to other persons in the vehicle or to soil the vehicle.

 

105.   Person suffering from notifiable disease

   (1) No person suffering from a notifiable disease shall travel in a public service vehicle for the conveyance of passengers unless it has been specially hired for the purpose.

   (2) The conductor or, if there is no conductor, the driver of a public service vehicle for the conveyance of passengers shall not allow a person whom he knows to be suffering from a notifiable disease to travel in such vehicle unless it has been specially hired for the purpose.

   (3) The owner of a public service vehicle which has been used for the conveyance of a person suffering from a notifiable disease shall not use such vehicle again for the conveyance of passengers unless a medical practitioner or health inspector nominated by the registering authority which issued the certificate of roadworthiness in respect of such vehicle has certified that the interior thereof has been properly cleaned and disinfected.

   (4) For the purposes of this regulation "notifiable disease" shall have the meaning assigned thereto in the Public Health Act.

PART XI
Motor-Omnibuses
(regs 106-119)

 

106.   Meaning of motor-omnibus

   For the purposes of this Part, the expression "motor-omnibus" shall, in addition to its ordinary meaning, include the passenger compartment of a public service vehicle intended for the conveyance of passengers and goods.

 

107.   Compliance with requirements

   No person shall operate on a road a motor-omnibus unless it complies with the provisions of this Part.

 

108.   Sides, roof and floor

   (1) The sides of the passenger compartment of every motor-omnibus shall be enclosed to a height of at least 800 mm from the floor, and the material used shall be durable and weatherproof.

   (2) Every motor-omnibus shall be provided with a weatherproof roof.

   (3) The floor of the passenger compartment of every motor-omnibus shall be covered with non-slip material.

 

109.   Entrances on the right side prohibited

   No entrance for passengers shall be provided on the right side of the longitudinal centre-line of a motor-omnibus.

 

110.   Entrances and exits to be fitted with doors

   No person shall operate on a road a motor-omnibus unless-

   (a)   every entrance to or exit from the motor-omnibus is fitted with a door or other effective barrier; and

   (b)   such door or barrier is properly closed when the motor-omnibus is in motion with passengers thereon.

 

111.   Seats

   (1) The driver's seat of a motor-omnibus shall be adjustable and have a partition immediately behind it and be so placed as to afford the driver ample space for controlling the bus.

   (2) The seats provided for passengers in any motor-omnibus shall be clean and well-maintained and shall comply with the following specification-

   (a)   every seat shall have a backrest the top of which shall be at least 380 mm from seat level and the bottom of which shall be not more than 150 mm from seat level, and the width of the backrest of every seat shall be at least 380 mm for every passenger to be seated on such seat;

   (b)   the height of every seat from the floor or footrest of such seat to seat level shall be not less than 380 mm and not more than 460 mm;

   (c)   the depth of every seat from the front of the seat to the front of its backrest shall be at least 350 mm;

   (d)   the width of every seat shall be in accordance with the provisions of regulation 90(2) or (3);

   (e)   where seats are parallel and face in the same direction the horizontal distance between the front of the backrest of any seat at seat level to the back of the backrest of the seat in front of it shall be at least 630 mm;

   (f)   where any seat faces a partition or similar obstruction the horizontal distance between the front of the backrest of such seat at seat level to such partition or obstruction shall be at least 630 mm;

   (g)   where seats face each other the horizontal distance between the front surfaces of the backrests of such seats at seat level shall be at least 1,57 m;

   (h)   no seat shall face an entrance unless there is provided in front thereof a partition at least to seat level and, unless the partition reaches to the roof of the bus, a handrail at a height of not less than 900 mm and not more than 1,02 m from the floor and where any seat is so placed that one end is opposite an entrance, a guard rail shall be affixed to the side of such seat to a height of at least 150 mm above seat level, and equivalent in length to the depth of the seat; and

   (i)   every seat shall be fixed securely.

 

112.   Goods compartments

   (1) A motor-omnibus conveying goods, other than the personal effects of the passengers, driver or conductor, shall be equipped with one or more suitable compartments or containers for such goods.

   (2) The space or spaces in which such goods are carried shall be entirely separate from the space or spaces provided for passengers in such a manner as not to encroach on or obstruct any entrance, exit or passageway or to endanger the safety of passengers in any manner.

   (3) Goods may only be carried on the roof of a motor-omnibus if the body and roof are strong enough to support the weight thereof.

 

113.   Fuel receptacles, etc.

   (1) The fuel tanks, fuel receptacles and fuel pipes of a motor-omnibus shall be free of all leaks and shall not be placed inside the body or cab.

   (2) No main fuel tank shall be placed close to the engine of a motor-omnibus.

   (3) The filling orifice of any fuel tank shall be placed to the outside of the body or cab of a motor-omnibus.

 

114.   Fire extinguishers

   (1) Every motor omnibus shall carry in a readily accessible position at least one fire extinguisher which shall be of the dry powder type with a capacity of at least 2,25 kg and which is in good working order.

   (2) When a motor-omnibus is presented to a vehicle examiner for examination for a roadworthiness certificate, proof shall be furnished by the owner of the motor-omnibus that the fire extinguisher is correctly charged and in good working order.

   (3) If such fire extinguisher does not bear the manufacturer's serial number or any other identification number or mark, the vehicle examiner may emboss thereon or fix thereto in any other manner an identification number or mark.

 

115.   Rearview mirrors

   In addition to the rearview mirror prescribed for motor vehicles in general, every motor-omnibus shall be fitted with a rearview mirror which shall enable the driver of the motor-omnibus, when he is in the driving position, to see a reflection of every passenger entrance and exit of the motor-omnibus.

 

116.   Passengers to be able to signal to driver

   Efficient means shall be provided in every motor omnibus operating on a fixed route with intermediate stopping places to enable passengers to signal to the driver their intention to alight.

 

117.   Lighting

   The passenger compartment and all the steps and stairs of a motor-omnibus shall be fitted with suitable means of illumination by diffused light.

 

118.   Standing passengers

   (1) The number of standing passengers permitted to be carried on a motor-omnibus shall be determined as follows-

   (a)   standing passengers shall not be permitted on the steps or open platform or next to an unguarded open entrance of a motor-omnibus except in the course of entering or leaving the motor-omnibus;

   (b)   the number of standing passengers shall not exceed the number for whom clear floor space is available at the rate of 0,30 m2 per person;

   (c)   not more than one-third of the total number of passengers for whom seating accommodation is provided on a motor-omnibus shall be permitted to stand.

   (2) Every motor-omnibus carrying standing passengers shall be equipped with handstraps, handrails or grab handles or all three, sufficient for all standing passengers.

 

119.   Duties of driver or conductor relating to standing passengers

   The driver or, if there is a conductor, the conductor of a motor-omnibus operating on a road shall not permit more passengers to stand on such motor-omnibus than the number stated on the certificate of roadworthiness issued in respect of such motor-omnibus, or permit any passenger to stand on the steps or open platform or next to an unguarded open entrance of such motor-omnibus.

PART XII
Driving Signals and Signals for the Control of Traffic
(regs 120-125)

 

120.   General requirements in regard to driving signals

   A driving signal, under the provisions of this Part, shall be given in a conspicuous manner and shall be of sufficient duration to warn other users of the road likely to be affected thereby of the driver's intention.

 

121.   Left-turn hand signal

   Subject to the provisions of regulation 123, the driver of a vehicle on a road who intends to turn or move to the left shall, before reaching the point at which he intends to turn or move, extend his right arm sideward from the shoulder with the forearm in a vertical and downward position and move his forearm in a circular anti-clockwise motion:

   Provided that in the case of a driver of a tractor, a two-wheel vehicle or an animal-drawn vehicle, such driver may, in lieu of giving the hand signal aforesaid, extend his left arm and hand sideward from the shoulder and fully horizontal to the road with the palm of the hand turned to the front.

 

122.   Right-turn hand signal

   Subject to the provisions of regulation 123, the driver of a vehicle on a road who intends to turn or move to the right shall, before reaching the point at which he intends to turn or move, extend his right arm and hand sideward from the shoulder and fully horizontal to the road with the palm of the hand turned to the front.

 

123.   Use of direction indicators in lieu of hand signals

   (1) The driver of a vehicle which is fitted with direction indicators complying with the provisions of Part VII may, in lieu of giving the appropriate hand signal, signal his intention to turn or move to the left or right by operating the indicators on the left or right side, as the case may be, of the vehicle.

   (2) The driver of a commercial vehicle having a gross vehicle weight exceeding 3 500 kg, a motor-omnibus or any other motor vehicle having a tare weight exceeding 3 500 kg, shall, in lieu of giving the appropriate hand signal, so signal his intention to turn or move to the left or to the right by means of direction indicators.

   (3) The driver of a vehicle who has put a direction indicator into operation to signal his intention to turn or move to the left or right shall, as soon as the need so to signal has passed, cease to keep such indicator in operation.

   (4) The driver of a tractor or of a combination of motor vehicles of which the drawing vehicle is a tractor may, in lieu of giving the appropriate hand signal, signal his intention to turn or move to the left or the right by extending a portable direction indicator which in all other respects complies with the provisions of regulation 71 on the left or right side, as the case may be, of the vehicle.

 

124.   Signal to indicate intention to reduce speed

   The driver of a vehicle on a road who intends to stop or to reduce speed suddenly shall before doing so extend his right arm sideward from the shoulder with the forearm held in a vertical and upward position and the palm of the hand turned to the front:

   Provided that the driver of a vehicle fitted with a stoplight complying with the provisions of regulation 45 may signal his intention to stop or to reduce speed suddenly by the operation of such stoplight.

 

125.   Permissive hand signals

   The driver of a vehicle may, in addition to the signals prescribed in the preceding regulations, give the following hand signals-

   (a)   if he intends to slow down, he may extend his right arm sideward from the shoulder with the palm of the hand turned downward and move his arm slowly up and down; or

   (b)   if he desires to indicate to following traffic that it may overtake his vehicle on the right, he may fully extend his right arm below the level of the shoulder with the palm of the hand turned forward and move it backward and forward from the shoulder.

PART XIII
Miscellaneous Provisions
(reg 126)

 

126.   Restriction on movement of certain vehicles at night

   No person shall on a Friday, Saturday, or Sunday, the day preceding a public holiday, or on a public holiday, drive or cause to be driven between the hours of 6 p.m. and midnight, a motor vehicle other than a motor-omnibus which exceeds 10,5 m in length along any of the roads specified in the following Table-

TABLE

Tlokweng Border Gate-Gaborone road
Pioneer Gate-Lobatse road
Francistown-Nata-Kazungula road
Ramatlabama-Ramokgwebana road
Mahalapye-Parrs Halt road
Martin's Drift-Palapye road
Serule-Selebi-Phikwe road

FIRST SCHEDULE
FEES

(reg. 3)

1.

DRIVING LICENCES

Fees (Pula)

 

(a)

Provisional Driving Licence
(Learner Driver Permit)

39.00

 

(b)

Full Licence

91.00

 

(c)

Endorsement with additional class

91.00

 

(d)

Duplicate Driving Licence

91.00

 

(e)

Duplicate Provisional Licence
(Duplicate learner driver permit)

39.00

 

(f)

Renewal of Driving Licence

91.00

 

(g)

International Driving permit

91.00

 

(h)

Conversion (Old Style RV 14)

65.00

 

2.  REGISTRATION OF VEHICLES

(a) On original registration

unladen weight (kg.)

Fees (Pula)

 

0-680

65.00

 

681-1133

104.00

 

1134-1815

117.00

 

1816-2722

156.00

 

2723-3629

188.50

 

3630-4536

240.50

 

4537-5443

273.00

 

5444-6340

325.00

 

6341-6350

377.00

 

6351-7257

377.00

 

7258+

442.00

(b) On transfer of ownership

-

169.00

(c) Duplicate registration book

-

84.50

 

3.  VEHICLE LICENCES

Description

Unladen Weight (kg.)

Fees (Pula)

(a) Annual licence

 

 

       (i)     Motor cycle without sidecar

-

84.50

      (ii)     Motor cycle with sidecar

-

104.00

     (iii)     Motor vehicle other than motor cycle

0-680

104.00

 

681-1133

136.50

 

1134-1815

201.50

 

1816-2722

253.50

 

2723-3629

422.50

 

3630-4082

624.00

 

4083-4536

780.00

 

4537-5443

1215.50

 

5444-6350

1456.00

 

6351-7257

1709.5 0

 

7258-8165

1943.50

 

8166-9070

2197.00

 

9171-9979

2437.50

 

9980-10886

2671.50

 

10887+

2925.00

Trailers

0-680

52.00

 

681-1133

65.00

 

1134-1815

117.00

 

1816-2722

201.50

 

2723-3629

578.50

 

3630-4082

877.50

 

4083-4536

1033.50

 

4537-5443

1215.50

 

5444-6350

1456.00

 

6351-7257

1709.50

 

7258+

1943.50

     (iv)     All Tractors
(Including farm tractors)

 

130.00

(b) Duplicate licence

13.00

 

(c) Motor dealer's licence (new and used)

3380.00

 

              Motor dealer's licence (used only)

1690.00

 

(d) Renewal of motor dealer's licence (new and used)

3380.00

 

              Renewal of motor dealer's licence (used only)

1690.00

 

(e) Transfer of motor dealer's licence (new and used)

3380.00

 

              Transfer of motor dealer's licence (used only)

1690.00

 

(f)  Number Plate Manufacturer (1st year)

2535.00

 

              Renewal

845.00

 

(g) Motor Vehicle Registration Cancellation Certificate

65.00

 

(h) Temporary motor vehicle licence (Export)

104.00

 

(i)  Authorization (local temporary motor vehicle licence)

65.00

 

(j) Personalized number plate

5000.00

 

            Renewal of personalized number plate

2500.00

 

(k) Ceremonial number plate (two days)

1000.00

 

            Ceremonial number plate (one day)

700.00

 

 

4.  PUBLIC SERVICE VEHICLES

 

Fees (Pula)

     (a)      Professional Driving Permit "P"

169.00

     (b)      Professional Driving Permit "G"

182.00

     (c)      Professional Driving Permit "H"

195.00

     (d)      Renewal of (a) (b) or (c)

169.00

     (e)      Duplicate of (a) (b) or (c)

169.00

     (f)       Conductors' permit (with badge)

169.00

 

5.  MISCELLANEOUS

(Driving test fees/motor vehicle examination fees)

 

 

Fees (Pula)

(a) Driving test

 

       (i)     Theory

52.00

      (ii)     Practical

52.00

     (iii)   Driver training theory

260.00

     (iv)   Driver training practical

325.00

     (v)    Search fee (all documents)

65.00

(b) Certificate of road worthiness

 

Vehicle description

Fees (Pula)

       (i)     Mini-bus (11 up to 15 seats without the driver)

169.00

      (ii)     Midi-bus (15 up to 30 seats without the driver)

169.00

     (iii)     Bus (30 up to 100 seats without the driver)

338.00

     (iv)     Train-bus and double-deck bus (above 100 seats)

338.00

            (v)        Heavy motor vehicles (3500 up to 1600 kg GVM)

338.00

     (vi)     Heavy motor vehicles (exceeding 1600 kg GVM)

338.00

    (vii)     Tractors

104.00

    (viii)     Motor cars

169.00

     (ix)     Light motor vehicle (not exceeding 3 500 kg GVM)

338.00

      (x)     Trailers (not exceeding 750 kg GVM)

169.00

     (xi)     Trailers (exceeding 750 kg)

338.00

    (xii)     Motor cycle ( not exceeding 125cc or 230 kg GVM)

32.50

    (xiii)     Motor cycle (exceeding 125cc or 230 kg GVM)

32.50

   (xiv)     Special type of motor vehicles

507.00

(c) Driving instructor certificate (first issue)

338.00

(d) Renewal

130.00

(e) Duplicate

65.00

(f)  Driving school permit

390.00

(g) Renewal of Driving School permit

260.00

(h) Search fees

65.00

(i)  Driver Training fees (instructor)

 

       (i)     Theory

260.00

      (ii)     Practical (yard and road)

325.00

(j)  Driver Testing ground booking fee

 

       (i)     Monthly

390.00

      (ii)     Quarterly

975.00

(k) Instructor's Handbook

 

 

       (i)     ISBN 99912-548-0-3 (A-Motorbikes)

195.00

 

      (ii)     ISBN 99912-548-1-1 (B-Light Motor Vehicles)

455.00

 

     (iii)     ISBN 99912-548-2-X ( C-Truck/Trailer)

468.00

 

     (iv)     ISBN 99912-548-3-8 (D-Buses)

390.00

 

      (v)     ISBN 99912-548-4-6 (F-Farm Tractors)

91.00

 

     (vi)     ISBN 99912-548-5-5 (H-Heavy Plants)

390.00

 

(l)  Teaching CD each for

 

 

       (i)     A- Motorbikes ISBN 99912-548-6-2

169.00

 

      (ii)     B- Light Vehicles ISBN 99912-548-7-0

169.00

 

     (iii)     C- Truck/Trailer ISBN 99912-548-8-9

169.00

 

     (iv)     D- Buses ISBN 99912-548-9-7

169.00

 

      (v)     F- Agricultural Tractors ISBN 99912-549-0-0

169.00

 

     (vi)     H- Heavy Plant Machineries ISBN 9991-549-1-9

169.00

 

(m)       Driver Question book

 

 

       (i)     Class A-ISBN 99912-549-5-1

26.00

 

      (ii)     Class B-ISBN 99912-549-2-7

39.00

 

     (iii)     Class C-ISBN 99912-549-3-5

65.00

 

     (iv)     Class D-PrDP 99912-549-6-x

65.00

 

      (v)     Class F-ISBN 99912-549-4-3

39.00

 

     (vi)     Class H-ISBN 99912-549-7-8

65.00

 

(n) Teaching Slides (transparencies ) ISBN 99912-549-8-6 for classes A, B, C, D, F and H each set (subsidised)

390.00

 

 

SECOND SCHEDULE
FORMS S.I. 43/2003.

(reg. 4)

Purpose

Form No.

Application for provisional driving licence/ driving licence/renewal/duplicate/ driving instructor permit (first issue/renewal)/ PSV (PrDP) (main application form)

DL 1

Eye-Test Form

DL 8

Provisional driving licence

DL 9

Confirmation application for PrDP

DL 10

Application for registering a driving school

DL 11

Application to be a driving instructor

DL 12

Driving instructor's certificate

DL 13

Booking for theory test

DL 14

Theory test (result confirmation)

DL 15

RSE processing form

DL 17

Booking for practical driving test

DL 18

Yard test scoring form

DL 22

Road test scoring form

DL 23

Statistical abstracts (theory, yard and road test)

DL 24

Driving licence receipt

DL 25

Medical health form

DL 31

Application for registration of a vehicle/vehicle licence/renewal

R.V. 1

Notification of change of ownership of vehicle

R.V. 2

Application for roadworthiness certificate

R.V. 3

Roadworthiness (inspection) certificate

R.V. 4

Application for motor dealer's licence

R.V. 5

Vehicle registration book

R.V. 10

Vehicle licence (disc)

R.V. 11

Motor dealer's licence

R.V. 12

Driving licence (F-tractor and H-special type only)

R.V. 14

PrDP (PSV) permit

R.V. 16

THIRD SCHEDULE
FORMS OF IDENTIFICATION PLATESS.I. 54/1992.

(regulation 6(1)(m))

B 123 ABC

B 123
ABC 

FOURTH SCHEDULE
DISTINGUISHING MARK FOR HOLDER OF PROVISIONAL DRIVING LICENCE

FIFTH SCHEDULE
WARNING SIGN TO BE AFFIXED TO REAR OF CERTAIN VEHICLES

SIXTH SCHEDULE
CONTENT OF DRIVING LICENCE CARD

(reg. 2)

 

86 mm

 

 

REPUBLIC OF BOTSWANA

 

b)  DRIVING LICENCE
TESELETSO YA GO KGWEETSA
CARTA DE CONDUCAO

 

 

c) Surname:

 

 

 

 

d) First name

 

 

 

 

e) ID

 

 

 

 

f) Gender

i) Date of Birth

 

54 mm

 

Photo

g) Driver Restriction

j) Licence Number:

 

n)

h) Validity Period

k) First issue

l) Veh Restr

 

 

m) Endorsement

 

 

 

Signature

 

 

 

 

 

o)

 

 

 

 

 

 

 

 

 

 

 

Observe

 

 

 

 

 

DRIVER RESTRICTIONS

 

 

 

 

VEHICLE CLASSES

VEHICLE RESTRICTIONS

 

 

 

 

 

PrDP CATEGORIES

 

 

 

 

p)

BARCODE NUMBER

Reverse

 

The Driving Licence shall contain the following information-

     a)       the national abbreviation of Botswana;

     b)       the words "Driving Licence", printed in three languages (English. Setswana. Portuguese);

     c)       the surname of the holder;

     d)       the first or other names of the holder;

     e)       the identity number of the holder;

     f)       the gender of the holder;

     g)       the driver restriction;

     h)       the validity period of the driving licence card;

     i)        the date of birth of the holder;

     j)        the serial number of the licence;

     k)       the date of first issue;

     l)        the vehicle restrictions;

     m)      the licence class endorsed;

     n)       the photograph of the holder;

     o)       the signature of the holder, and

     p)       the barcode containing all information of the licence holder.

 

SEVENTH SCHEDULE
INTERNATIONAL DRIVING PERMIT S.I. 43/2003.

(reg. 4 )

 

     Model page No. 1 (outside of front cover - colour grey)

(A6) 105 mm

REPUBLIC OF BOTSWANA

INTERNATIONAL DRIVING PERMIT

 

No.:................................

 

Convention on Road Traffic of 8 November. 1968

 

Valid until:..............................................................................................1/

 

Issued by:..............................................................................................

At:.........................................................................................................

Date:......................................................................................................

Number of domestic driving licence:..........................

 

          ˜ 3/

2/

 

     Instructions for the issuing Licensing Authority

1/  No more than two years after the date of issue or the date of expiry of the domestic driving licence, whichever is earlier.

2/  Signature of the authority or licensing officer issuing the permit

3/  Seal or stamp of the authority or licensing officer issuing the permit.

     Model Page No. 2 (Inside of front cover - colour white)

     This permit is not valid for the territory of the Republic of Botswana.

 

     It is valid for the territories of all the other contracting parties. The categories of vehicles for the driving of which it is valid are stated at the end of the booklet.

1/

     This permit shall in no way affect the obligation of the holder to conform to the laws and regulations relating to residence and to the exercise of a profession in each State through which he travels. In particular, it shall cease to be valid in a State if its holder establishes his normal residence there.

     Instructions for the issuing Licensing Authority

1/  Space reserved for a list of the States which are Contracting Parties (optional).

 

     Model 3 (left-hand page - colour white)

PARTICULARS CONCERNING THE DRIVER

     Surname

............................................................

1.

     Other names 1/

............................................................

2.

     Place of birth 2/

............................................................

3.

     Date of birth 3/

............................................................

4.

     Home address

............................................................

5.

CATEGORIES OF VEHICLES FOR WHICH THE PERMIT IS VALID

 

 

4/

     Motor cycles not exceeding 125 cc or 230 kg

A1

     Motor cycles exceeding 125 cc or 230 kg

A

     Motor vehicles, other than those in category A. having a permissible mass not exceeding 3.500 kg and not more than eight seats in addition to the driver's seat.

B

     Motor vehicles used for the carriage of goods and whose permissible maximum mass exceeds 3.500 kg but not more than 16.000 kg;

C1

     Motor vehicles used for the carnage of goods and whose permissible maximum mass exceeding 16.000 kg.

C

     Motor vehicles used for the carriage of passengers and goods (Professional Driving Permit "PrDP")

D

     Combination of vehicles of which the drawing vehicle is in a category or categories for which the driver is licensed.

EB

EC1

 

EC

     Tractor for agricultural purposes and not exceeding 40 km/h

F

     Special Type - Heavy Plant Operating Machinery

H

     RESTRICTIVE CONDITIONS OF USE 5/

     Instruction for the issuing Licensing Authority

1/  Father's or husband's name may be inserted here.

2/  If the place of birth is unknown, leave blank.

3/  If date of birth is unknown state approximate age on date of issue of permit.

4/  Seal or stamp of the authority or licensing office issuing the permit. This seal or stamp shall be affixed against categories A,B,C,D and E only if the holder is licensed to drive vehicles in the category in question.

5/  For example, "Must wear corrective lenses", "Valid only for driving vehicle No.:.....", "Vehicle must be equipped to be driven by a physical disabled person" or "Automatic transmission only".

 

     Model 3 (right-hand page - colour white)

     1.       .............................................................................................................

     2.       .............................................................................................................

     3.       .............................................................................................................

     4.       .............................................................................................................

     5.       .............................................................................................................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     A1

˜

4/

 

 

 

 

 

     A

˜

4/

 

 

Photograph

 

 

     B

˜

4/

 

 

 

 

 

     C1

˜

4/

 

 

 

 

 

     C

˜

4/

 

 

 

 

 

     D (PrDP)

˜

4/

 

 

 

 

 

     EB

˜

4/

 

 

 

 

 

     EC1

˜

4/

 

 

 

 

˜ 4/

     EC

˜

4/

 

 

 

 

 

     F

˜

4/

Signature of holder         6/ .....................................

     H

˜

4/

 

 

 

 

 

     DISQUALIFICATIONS:

 

 

 

 

     The holder is deprived of the right to drive in the territory of

 

 

 

 

     .................................. 7/

 

until......................... 8/

 

     At...............................

 

on............................

˜ 8/

     The holder is deprived of the right to drive in the territory of

 

     .................................. 7/

 

until........................ 8/

 

     At..............................

 

on............................

˜ 8/

 

     Instructions for Licensing Authority

4/  Seal or stamp of the authority or licensing office issuing the permit. This seal or stamp shall be affixed against categories A. B.C. D and E only if the holder is licensed to drive vehicles in the category in question.

5/  For example, "Must wear corrective lenses' "Valid only for driving vehicle No.:...", "Vehicle must be equipped to be driven by a physical disabled person" or "Automatic transmission only".

6/  Or thumbprint.

7/  Name of State.

8/  Signature and seal or stamp of the authority or licensing office which has invalidated the permit in its territory. If the space provided for disqualifications on this page has already been used, any further disqualifications should be entered overleaf.

 

EIGHTH SCHEDULE
CONVERSION OF BOTSWANA DRIVING LICENCE "RV 14" S.I. 43/2003.

(reg. 11)

(1)

Class A

converts into

Class A

unconditionally;

 

(2)

Class B

converts into

Class B

provided-

 

 

(i)

a holder of licence "B" who is physically disabled shall be required to provide supporting proof as prescribed in the SEVENTH SCHEDULE (Health form) that he is able to drive a light vehicle with an automatic transmission or adapted devices, certified by a vehicle examiner:

(3)

Class B + E

converts into Class EB provided-

 

 

(i)

the applicant of such licence is towing permanently or temporarily a trailer exceeding 750 kg and shall be tested in accordance with Regulation 13;

(4)

Class C

converts into Class C1 unconditionally;

 

(5)

Class C

converts into Class C provided -

 

 

(i)

the holder of such licence provides supporting proof that he is able to drive a motor vehicle exceeding 1 6000 kg;

(6)

Class D

converts into Class C1 provided-

 

 

(i)

The holder of a "D" coupled with a "B" converts into "B" plus PrDP "P" whereas a combination of "C" and "D" converts into "C1" plus PrDP:

(7)

Class E + C

converts into Class EC 1 unconditionally;

 

 

 

 

 

 

(8)

Class E + C

converts into Class EC provided-

 

 

(i)

the holder of such licence provides supporting proof that, he is able to drive a motor vehicle exceeding 16000 kg and a trailer exceeding 750 kg;

(9)

Class F

remains as Class F provided-

 

 

(i)

the holder of such licence provides supporting proof that he is able to drive a Farm Tractor,

 

 

(ii)

the holder of class F shall at the time of conversion retain the form RV 14 for not more than five years after commencement of these regulations, and

 

 

(iii)

the issuance of class F to applicants after commencement of these regulations shall be on form RV 14;

(10)

Class G

converts into Class B "Automatic"

 

 

 

 

 

 

(11)

Class H

remains as Class H provided-

 

 

(i)

the holder of class H (Heavy Plant Operators) shall at the time of conversion retain the form RV 14 for not more than five years after commencement of these regulations:

(12)

TAXICAB

converts into PrDP "P" Taxi & Call-Cab unconditionally.

 

(13)

RESTRICTED

converts into PrDP "P" Mini-bus & Midi-bus unconditionally.

 

(14)

GENERAL

converts into PrDP "P" Bus provided-

 

 

(i)

the holder thereof proves to the satisfaction of the Licensing officer that he was driving or be the owner of such vehicle before the time of conversion.

 

NINTH SCHEDULE
HEALTH FORM S.I. 43/2003; S.I. 57/2003.

(regs 14)

 

DL 31

Health Declaration Form

1 Group 1: Class A1. A, B, EB, F, H, (if deemed necessary by Licensing Authority)

1 Group 2: Class C1, C, EC1. EC, PrDP (mandatory)

Notice for the certifying Doctor:

The certification should provide sufficient information about the applicant's physical and mental ability to establish his suitability for driving a motor vehicle.

"Screening" in the tested fields indicated in the form would normally be sufficient for this purpose. In cases of doubt, referral to other specialists would be recommended.

 

1.

Personal data of the applicant:

Omang ID/Passport No.:

 

Surname and First name:

 

Date of birth:

 

Place of birth:

 

Postal Address and Plot No.:

 

City/Town/Sub-Village:

 

Location or Kgotla:

 

 

2.

Patient's history and family history:

 

 No serious family history

 

 No other illnesses or accidents in the last 5 years that might limit the driving ability

 

 If yes, please specify: .........................................................................

 

 

3.

Data:

 

Height:............................(cm)........................weight:....................(kg)

 

BP...................../.................mmHg Pulse.....................bits per minute

 

 

4.

General health condition:

 

 Good

 

 If not sufficient, please indicate and limitation.........................................

 ............................................................................................................

 

 

5.

Physical disabilities:

 

 None that would limit the driving of a vehicle with a manual transmission

 

 If yes, would you recommend a vehicle with  automatic transmission and/or  additional fittings?

 

..............................................................................................................

..............................................................................................................

 

A further consultation of other experts is required?

 

Expert panel of Doctor including Licensing Authority required?

 

Is the disability Permanent or Temporary (e.g. pregnancy) and for how long?....

DRTS, Private Bag: 0054, Gaborone, Tel: 3905.422 or 3908.314

6.

Heart/Blood circulation

 

 No syndromes for heart-/blood disturbances

 

 If yes please indicate ..........................................................................

.............................................................................................................

 

 

7.

Blood (e.g. bleeding, emboli, etc)

 

No indication about serious blood illness

 

If yes please indicate

 

 

8.

Kidney Illness:          Urinalysis ..................Z....................Sed

 

 No indication about serious insufficiency

 

 If yes please indicate .........................................................................

............................................................................................................

 

 

9.

Endocrine disturbances

 

 No indication about blood sugar illness

 

 Blood sugar - if know: with/without Insulin treatment

 

 No indications for other endocrine disturbances

 

 If yes, please indicate .........................................................................

............................................................................................................

 

 

10.

Nerve system (e.g. epilepsy, mental disease, etc.)

 

 No indication for disturbances

 

 If yes please indicate ..........................................................................

...............................................................................................................

 

 

11.

Psychiatric illnesses/ addictions (alcohol, drugs, medicine)

 

 No indication about mental or drug addiction

 

 If yes, please indicate ........................................................................

............................................................................................................

 

 

12.

Hearing/Ear Drums:       Whispering talks R.............m               L.................m

 

 No indications for a serious disturbance about hearing

 

 If yes, please indicate .........................................................................

.............................................................................................................

 

 

13.

Following my examination of the candidate as prescribed in Part I, I recommend the following:

 

 No further investigations, since no indications about physical or intellectual capacities could be found.

 

 Further investigations are necessary before the issuance of the driving licence:

...............................................................................................................

...............................................................................................................

 

Doctor's name / official stamp:

 

Signature / Date:

 

........................................................

...........................................................

(Distribution: Original for Licensing Authority and a Copy for Doctor)

 

TENTH SCHEDULE
DRIVING TEST S.I. 43/2003, S.I. 100/2015.

(reg. 13)

Subjects for the theoretical test (all license classes):

1

Personal requirements: fitness to drive;

2

Driver personality, Road Traffic Act - basic rules;

3

Road Traffic Regulations;

4

Traffic routes, the use, risks and importance;

5

Speed, distance, warning signals;

6

Right of way, traffic control by lights, police officers and special situations;

7

Road signs, traffic facilities, level crossings;

8

Different road users and their characteristics;

9

Driving manoeuvres, using motor vehicles in an environmentally-sensitive manner;

10

Stationary traffic, securing vehicles, towing;

11

Consequences of infringements of Road Traffic Regulations;

12

Basic technical conditions and maintenance;

13

Passenger and goods transport; and

14

Driving with trailers “EB, EC1 and EC”.

 

 

(Questions
in multiple
or single
choice system)


Group 1: written or oral
Group 2: written or oral

 

Driving manoeuvres in an area isolated from traffic:

1

3-point turn (Group 1);

2

Alley-docking (forward and reverse) (Group 1 and 2);

3

Parallel parking (reverse) (Group 1 and 2);

4

Diagonal parking (forward) (Group 1 and 2); and

5

Incline start (Group 1 and 2).

 

 

 

 

Driving manoeuvres on the public road (all classes of vehicles):

1

Handling of the vehicle, use of rear-view mirrors, blind spots and seat-belts;

2

Position on the road;

3

Turning;

4

Crossing, overtaking and passing;

5

Right of way;

6

Traffic light signals, signals by authorised persons, traffic signs and road markings;

7

Speed and correct traffic perception;

8

Respect for other road users and observance of safe distance between vehicles;

9

Compliance with corresponding traffic signs; and

10

Attitude towards the prevention of accidents.

 

Group 1:

     Applicants for licence classes A1, A, B. EB. F, H (special type) and;

Group 2:

     Applicants for licence classes C1, C, EC1, EC and PrDP-P, G, H.

Licence Class

No. of theory questions

Tolerated mistakes

Duration of Yard test in min.

Duration of Road test in min.

Vehicle to supply test in min.

Remarks

 

 

 

 

 

 

 

A1

30

6

15

30

<125 cc Bike

N/A

A

30

6

15

30

>250 cc Bike

N/A

 

 

 

 

 

 

 

B

30

4

15

30

< 3.5 t

1.  4 seats, 2 outside

mirrors + examiner’s mirror *1/; and

2.  Exempted from holding class F licence.

EB

45

6

N/A

30

Light vehicle

1.   + Trailer >750kg

2.  Exempted from holding class F licence.

 

 

 

 

 

 

 

C1

45

6

15

45

> 12 t Truck

1.      Air- resistant brake system; and

2.  Exempted from holding class F licence.

C

45

6

15

45

> 16 t Truck

1.      Air-resistant brake system; and

2.  Exempted from holding class F licence.

 

 

 

 

 

 

 

EC1

45

6

N/A

45

> 12 t Truck

1.   + Trailer >750 kg

2.  Exempted from holding class F licence.

EC

45

6

N/A

45

> 16 t Truck

1.  + Trailer >5 t; and

2.  Exempted from holding class F licence.

 

 

 

 

 

 

 

PrDP

 

 

 

 

 

 

(Class D)

45

6

15

30

15 seater

Minibus (Kombi)

"

45

6

15

30

35 seater

Midibus

"

45

6

15

30

65 seater

Bus

"

45

6

20

45

>100 seater

Train + Double deck bus

 

 

 

 

 

 

 

F

30

4

N/A

30

Farm Tractor

Not exceeding 30 km/h

 

 

 

 

 

 

 

H

30

4

15

30

Special Type

Listed in Levels from 1 to 7: (Grader, Crane, Front-end Loader, etc.) *2/

 

 

 

 

 

 

 

Instructor

45 multiple

4

30

45

For concerned class

DRTS Examination board

 

 

 

 

 

 

 

Any licence suspension

30

4

15 / 20

30 / 45

For concerned class

 

*1.Illiteracy, including deaf or physically disabled, are limited to class B only. Upgrading is not permitted.

*2. Applicants for class H shall be exempted from undergoing theory test on presentation of a valid certificate of competence from a recognised body in Botswana (i.e. ATTC, MTTC, CITF, ROADS DRTS, or any licensed private institution) for a course of not less than three months.

*3.The theory test for driving licence classes with 30 questions shall be 30 minutes long and the theory test for driving licence classes with 45 questions shall be 45 minutes long.

 

Age Limits For Granting of Professional Driving Permit

Class

Age

Requirements

PrDP(P) call cab

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule); and

 

 

3.  Applicant shall have a police clearance certificate.

PrDP(P) Taxi

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule); and

 

 

3.  Applicant shall have a police clearance certificate.

PrDP(P) Mini Bus

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule); and

 

 

3.  Applicant shall have a police clearance certificate.

PrDP(P) Midi Bus

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule); and

 

 

3.  Applicant shall have a police clearance certificate.

PrDP(P) (Special)

21 years

1.  Applicant shall have a valid Botswana driving licence; and

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule); and

 

 

3.  Applicant shall have a police clearance certificate.

PrDP(G) Goods

18 years

1.  Applicant shall have a valid Botswana driving licence; and

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule); and

 

 

3.  Applicant shall have a police clearance certificate.

PrDP(P) School Bus

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule);

 

 

3.  Applicant to undergo theory, yard and road test; and

 

 

4.  Applicant shall have a police clearance certificate.

PrDP(P) Bus

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule);

 

 

3.  Applicant to undergo theory, yard and road test; and

 

 

4.  Applicant shall have a police clearance certificate.

PrDP(P) Train Bus

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule);

 

 

3.  Applicant to undergo theory, yard and road test; and

 

 

4.  Applicant shall have a police clearance certificate.

PrDP(P) Double Deck Bus

21 years

1.  Applicant shall have a valid Botswana driving licence;

 

 

2.  Applicant to undergo medical examination according to regulation 14 (Ninth Schedule);

 

 

3.  Applicant to undergo theory, yard and road test; and

 

 

4.  Applicant shall have a police clearance certificate.

PrDP(H) Hazardous licence;

21 years

1.   Applicant shall have a valid Botswana driving licence;

 

 

 

2.   Applicant to undergo medical examination according to regulation 14 (Ninth Schedule);

 

 

 

3.   Applicant shall have a certificate from an approved institution certifying that the applicant has undergone training for handling of hazardous goods; and

 

 

 

4.   Applicant shall have a police clearance certificate.

 

 

*PrDP (G) shall cover all driving licence classes.

TEST MODULE FOR COMPUTERIZED PRACTICAL TESTING

A driving test for theory and practical can be conducted through computers or manually.

Practical Driving Course Test for Class A1 and A (Motor Bike)

 

Driving Course Manoeuvre

Driving Course Violations

Penalty Points

No. 1

8 shaped course

Touching the course boundary lines

Failure to follow course direction

Touching the ground with foot

Falling off bike

 

2

Slalom course

Touching course obstructions/cones

Touching the course boundary lines

Failure to follow course direction

Touching the ground with foot

Falling off bike

 

3

Narrow road course

Touching the course boundary lines

Completion of the course in less than 7 seconds

Touching the ground with foot

Riding outside course boundary lines while moving forward

Falling off bike

 

4

Emergency braking course

Entering the start of the course at a speed over 25km/h

Failure to maintain a speed of at least 25km/h when crossing the starting line for the braking zone

Braking before entering the braking zone

Braking outside the braking zone boundary lines

Failure to stop within the braking zone

 

Please note:

• A candidate will be given a total of 100 points at the start of the test.

• A candidate will fail the test if he/she scores less than 70 points overall of which the test will end regardless of the location within the entire driving course.

 

Practical Driving Course Test for Class B, C, and PRDP (Yard Test)

 

No.

Driving Course

Driving Course Violations

Penalty Points

1

Start

Failure to fasten the seat belt

 

 

 

Failure to disengage the hand brake

 

 

 

Failure to turn on the indicator to right

 

 

 

Failure to cross the start line after the starting signal is given

 

 

 

Switching off the indicator within 10m after crossing the start line

 

 

 

Failure to cross the start line within 30 seconds

 

2

Slope

Failure to stop within the marked starting zone (from bottom to top line)

 

 

 

Stopping for more than 5 seconds

 

 

 

Rolling backwards

 

 

 

Failure to restart within 30 seconds after stalling engine

 

3

Intersection

Crossing the stop line when the traffic light is red

 

 

 

Failure to proceed when traffic light signal is green

 

 

 

Staying for more than 30 seconds in the middle of the intersection

 

 

 

Failure to turn on indicator signal when turning right

 

4

Roundabout

Failure to give way to approaching vehicles from the right side

 

5

S-Course

Touching the course boundary lines

 

6

Alley docking

Failure to complete manoeuvre within 2 minutes

Enter by front and stop at confirmation line before moving out

 

 

 

Touching the course boundary lines

 

 

 

Failure to check the confirmation line where the wheels stand

 

 

 

Failure to complete the manoeuvre within 2 minutes

 

7

Emergency braking

Failure to stop within 2 seconds when on-board emergency stop signal flashes

 

 

 

Failure to turn on hazard warning indicators within 3 seconds

 

 

 

Failure to turn off hazard warning indicators and proceed after emergency stop signal turns off

 

8

Railway crossing

Failure to stop within 1 metre from the stop line

 

 

 

Stopping over the stop line

 

 

 

Crossing the railway line without stopping

 

9

Gear shifting

Failure to maintain a speed less than 20km/h when entering the marked zone, and thereafter accelerate to more than 20km/h and finally decelerate to less than 20km/h in accordance with the speed restriction signs

 

 

 

Failure to begin in 1st gear and upon acceleration change into 2nd gear and finally, upon deceleration, engage 1st gear

 

10

Parallel parking

Failure to stop for at least 3 seconds within the parking bay with the rear wheels on the confirmation line

 

 

 

Touching boundary line markings

 

 

 

Failure to complete manoeuvre within 2 minutes

 

11

Finish

Pass finish line completely before switching on left indicator

 

Please note:

• A candidate will be given a total of 100 points at the start of the test.

• A candidate will fail the test if he/she scores less than 70 the points overall of which the test will end regardless of your location within the entire driving course.

Road Test for Classes EB, B, C, EC, EC1 and PRDP

 

No

Task

Penalty Points

 

A. Checklist before start

 

1

Car door not closed completely

 

 

2

Changing gear without stepping on clutch

 

 

3

Taking off without releasing parking brake

 

 

B. Start

 

 

4

Over-revving engine

 

 

5

Jerking of clutch pedal

 

 

6

Stalling engine due to wrong clutch control

 

 

7

Failure to turn on the correct indicator when driving on start line

 

 

8

Failure to turn on the correct directional indicator before changing direction (10m)

 

9

Failure to turn off the correct directional indicator after completing a change of direction (10m) from start line

 

10

Failure to observe around vehicle with inside and outside rear-view mirrors, blind-spot check, etc... before taking off

 

11

Failure to proceed within 20 seconds after restarting the engine

 

12

Failure to restart the engine within 10 seconds after stalling

 

C. Acceleration

13

Driving at a very lower than normal driving speed

 

14

Failure to maintain the normal driving speed

 

15

Not accelerating due to wrong gear engaged

 

D. Braking

16

Coasting without utilising the engine braking effect i.e. placing the gear on neutral while driving, engaging clutch continuously while decelerating

 

17

Not braking while stopping shortly

 

E. Careless driving

18

Failure to observe around vehicle before direction change for safety

 

19

Line or lane violation while driving on straight or curved road

 

20

Failure to observe around vehicle when making a U-turn

 

21

Failure to use directional indicator to change direction

 

22

Failure to use directional indicator 30 metres before changing directions

 

23

Failure to maintain directional indicator until completing the direction change (re-engage within 3 seconds if signal inadvertently turns off)

 

24

Failure to turn off the directional indicator after completion of direction change

 

25

Changing direction within a prohibited area

 

F. Driving straight, left/right turn

26

Not turning on the left/right indicators at all for direction change

 

27

Not turning on the left/right indicators 30m before changing direction

 

28

Failure to maintain the left/right indicators until completion of direction change

 

29

Failure to turn off left/right indicators after completion of direction change

 

30

Stopping over the stop line while stopping for the red light at intersection

 

31

Failure to slow down for direction change (30km/h)

 

32

Over speeding within a speed restricted zone

 

33

Failure to slow down when joining an intersection without traffic lights (30km/h)

 

G. Disqualification/automatic fail

34

Sudden braking for stopping while driving (except unavoidable situation)

 

35

Driving too close to the car ahead without safe distance

 

36

Over-speeding beyond the normal driving speed

 

37

Not wearing seat belt

 

38

Not able to start the engine 3 times and a candidate gives up the test

 

39

Not able to start the engine over 5 times

 

40

Cause an accident

 

Please note:

      A candidate will be given a total of 100 points at the start of the test

        A candidate fail the test if he/she scores less than 70 points overall of which the test will end regardless of your location within the road test route

        The test shall be automatically evaluated, some test elements will be evaluated manually by the Driving Test Examiner

 

ELEVENTH SCHEDULE
DISTINGUISHING SIGN FOR VEHICLES IN INTERNATIONAL TRAFFIC S.I. 43/2003.

(reg. 13A)

(a) For all motor vehicles

 

(b) For motorcycles only

 

TWELFTH SCHEDULE
CONVERSION OF FOREIGN DRIVING LICENCE S.I. 100/2015.

(reg. 11 (B))

Country SADC member States

Licence class

Converts into

Conditions

A1

A

A1

A

Procedure under regulation 11 to be followed.

 

B

B

Procedure under regulation 11 to be followed.

 

EB

EB

Procedure under regulation 11 to be followed.

 

Cl

Cl

Procedure under regulation 11 to be followed.

 

C

C

Procedure under regulation 11 to be followed.

 

EC1

EC1

Procedure under regulation 11 to be followed.

 

EC

EC

Procedure under regulation 11 to be followed.

 

H

H

Procedure under regulation 11 to be followed.

European Union

A1

A1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

A

A

Procedure under regulation 11 and Eighth Schedule to be followed.

 

B

B

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EB

EB

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C1

C1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C

C

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC1

EC1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC

EC

Procedure under regulation 11 and Eighth Schedule to be followed.

 

H

H

Procedure under regulation 11 and Eighth Schedule to be followed.

 

United States of America

A1

A1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

A

A

Procedure under regulation 11 and Eighth Schedule to be followed.

 

B

B

Procedure under regulation 11 and Eighth Schedule to be followed

 

EB

EB

Procedure under regulation 11 and Eighth Schedule to be followed.

 

Cl

C1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C

C

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC1

EC1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC

EC

Procedure under regulation 11 and Eighth Schedule to be followed.

 

H

H

Procedure under regulation 11 and Eighth Schedule to be followed.

Asian Countries

A1

A1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

A

A

Procedure under regulation 11 and Eighth Schedule to be followed.

 

B

B

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EB

EB

Procedure under regulation 11 and Eighth Schedule to be followed.

 

Cl

Cl

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C

C

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC1

EC1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC

EC

Procedure under regulation 11 and Eighth Schedule to be followed.

 

H

H

Procedure under regulation 11 and Eighth Schedule to be followed.

 

COMESA (excluding countries which are SADC member states)

A1

A1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

A

A

Procedure under regulation 11 and Eighth Schedule to be followed.

 

B

B

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EB

EB

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C1

C1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C

C

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC1

EC1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC

EC

Procedure under regulation 11 and Eighth Schedule to be followed.

 

H

H

Procedure under regulation 11 and Eighth Schedule to be followed.

AU (excluding countries which are SADC and COMESA member states)

A1

A1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

A

A

Procedure under regulation 11 and Eighth Schedule to be followed.

 

B

B

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EB

EB

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C1

C1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

C

C

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC1

EC1

Procedure under regulation 11 and Eighth Schedule to be followed.

 

EC

EC

Procedure under regulation 11 and Eighth Schedule to be followed.

 

H

H

Procedure under regulation 11 and Eighth Schedule to be followed.

 

*Requirements for converting foreign driving licences into Botswana driving licences:

     (a)      copy of the foreign driving licence containing the names of the applicant, a photograph of the applicant, the issue date and expiry date of the driving licence;

     (b)      a completed DL-1 form as prescribed under the Second Schedule; and

     (c)      an eye screening slip issued by the Department.

 

DRAWING SCALE 1:2

ROAD TRAFFIC (EXEMPTION OF MOTOR VEHICLES TRANSPORTING ORE FROM THAKADU MINE TO MOWANA) ORDER

(section 132)

(30th November, 2012)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Exemption from Cap. 69:01 (Sub. Leg.)

 

S.I. 93, 2012.

 

1.   Citation

   This Order may be cited as the Road Traffic (Exemption of Motor Vehicles Transporting Ore from Thakadu Mine to Mowana) Order.

 

2.   Exemption from Cap. 69:01 (Sub. Leg.)

   Motor vehicles transporting ore from Thakadu Mine to Mowana are hereby exempt from the provisions of regulation 126 of the Road Traffic Regulations.

ROAD TRAFFIC (EXEMPTION OF MOTOR VEHICLES TRANSPORTING RAW MILK) ORDER

(section 132)

(30th November, 2012)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

 

   1.   Citation

   2.   Exemption from Cap. 69:01 (Sub. Leg.)

 

S.I. 94, 2012.

 

1.   Citation

   This Order may be cited as the Road Traffic (Exemption of Motor Vehicles Transporting Raw Milk) Order.

 

2.   Exemption from Cap. 69:01 (Sub. Leg.)

   Motor vehicles transporting raw milk are hereby exempt from the provisions of regulation 126 of the Road Traffic Regulations.

ROAD TRAFFIC (TRANSPORTATION OF HAZARDOUS GOODS) REGULATIONS

(section 130)

(7th June, 2013)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

   1.   Citation

   2.   Interpretation

   3.   Transportation of hazardous goods prohibited

   4.   Exemptions

   5.   Duties of operator, consignor and consignee

   6.   Hazardous goods to be compatible

   7.   Authority for classification and certification of hazardous goods

   8.   Driver to undergo training

   9.   Documents to be held by driver

   10.   Hazardous goods inspectors

   11.   Powers, duties and functions of hazardous goods inspectors

   12.   Report of accident by driver or operator

   13.   Penalties

 

S.I. 61, 2013.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Transportation of Hazardous Goods) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "consignor" means a person who offers hazardous goods for transportation and includes the manufacturer or his agent, duly appointed as such;

   "consignee" means a person who accepts hazardous goods which have been transported;

   "consignment note" means a document prepared by a consignor and countersigned by the carrier as a proof of receipt of consignment for delivery of hazardous goods at the destination;

   "emergency response system" means a system designed to enable emergency crews arriving on the scene of an incident to determine, from coded placarding on the vehicle, or from the tremcards the nature of the hazard presented and identify the emergency action to be taken to neutralize the danger;

   "incident" means an unplanned event during the transportation or storage of hazardous goods which involves leakage or spillage of hazardous goods or risk thereof;

   "multiload" means more than one type or class of hazardous goods or substances carried together; and

   "tremcard" means the transport emergency card listing the classification and emergency information for hazardous goods being transported.

 

3.   Transportation of hazardous goods prohibited

   A person shall not transport by a vehicle, hazardous goods on a road unless in accordance with these Regulations:

   Provided that-

   (a)   hazardous goods shall be transported in a vehicle in respect of which standard specifications shall be according to the Botswana Bureau of Standards; and

   (b)   a vehicle carrying hazardous goods in respect of which a placard is required to be fitted, shall be fitted with the appropriate placards prescribed in the Act.

 

4.   Exemptions

   The Minister may, after consultation with the competent authority concerned, either generally or subject to such conditions as he may deem fit, by way of Notice published in the Gazette-

   (a)   grant exemption in respect of a specific consignment of hazardous goods to be transported by any vehicle, or class or description of vehicle, from any of or all the provisions of these Regulations; and

   (b)   subject to giving reasonable notice, amend or cancel any exemption so granted.

 

5.   Duties of operator, consignor and consignee

   (1) The operator, consignor and consignee may nominate a qualified person to perform such tasks with regard to the transportation of hazardous goods.

   (2) Subject to the provisions ofsubregulation (1), the operator, consign-or and the consignee may nominate a qualified person for any purpose deemed necessary by that operator, consignor and consignee with relation to the transportation of hazardous goods.

 

6.   Hazardous goods to be compatible

   The consignor shall ensure that a multiload of hazardous goods transported on a vehicle is compatible to the standards prescribed by the Botswana Bureau of Standards.

 

7.   Authority for classification and certification of hazardous goods

   (1) If there is any doubt as to the appropriate classification of hazardous goods, such hazardous goods shall be classified by an approved classification authority in accordance with the code of conduct as prescribed by the Botswana Bureau of Standards.

   (2) Hazardous goods shall be packaged in a manner approved by an authorised representative of the Botswana Bureau of Standards and marked in the manner set out in the code of conduct as prescribed by the Botswana Bureau of Standards.

 

8.   Driver to undergo training

   (1) An operator shall ensure that, a driver employed by the operator of the vehicle undergoes theoretical and practical training at an accredited training institution for the specific class or classes of hazardous goods and for the specific type of vehicle or class or description of vehicle that the driver shall drive.

   (2) A training institution shall-

   (a)   be approved by the Botswana Training Authority;

   (b)   ensure that the syllabus contains standards as prescribed by the Botswana Bureau of Standards; and

   (c)   submit a syllabus of training of drivers to an approved training authority for approval 30 days before training commences at those institutions for a particular year.

   (3) The syllabus for the training of drivers shall contain at least-

   (a)   the interpretation and implementation of the instructions on the tremcard;

   (b)   theoretical and practical training relevant to the type of vehicle and class of hazardous goods;

   (c)   detailed instructions on the emergency response system and procedures in place for the specific kind of hazardous goods and practical training on the emergency action to be taken for the various incidents which may occur with regard to the hazardous goods;

   (d)   duties of the driver before proceeding on a route, including-

      (i)   the condition of the vehicle transporting hazardous goods,

      (ii)   the tremcards and consignment notes to be kept in the vehicle transporting hazardous goods,

      (iii)   instructions regarding the route to be taken,

      (iv)   warning signs and warning devices to be displayed or stored in the vehicle transporting hazardous goods,

      (v)   the correct type and number of fire extinguishers to be fitted to the vehicle transporting hazardous goods, and

      (vi)   protective clothing to be used when responding to an incident;

   (e)   behaviour expected of the driver on the route, including-

      (i)   planning of stops for deliveries,

      (ii)   checking of the tyres and vehicle transporting hazardous goods,

      (iii)   procedure to be followed in the event of stops,

      (iv)   periods of driving allowed, and

      (v)   action to be taken in the event of an incident occurring;

   (f)   procedure to be followed by the driver on reaching his destination;

   (g)   first aid course; and

   (h)   spill management training.

   (4) An institution referred to in subregulation (1) shall issue drivers with a certificate for the successful completion of training.

 

9.   Documents to be held by driver

   (1) The driver of a vehicle transporting hazardous goods shall ensure that tremcards and consignment notes which are required in terms of this regulation, and which pertain to the hazardous goods carried on such vehicle are held in the designated space in the vehicle at such time as hazardous goods are being transported in such vehicle.

   (2) The driver of a vehicle transporting hazardous goods shall produce on demand-

   (a)   a professional driving permit for hazardous goods;

   (b)   a document containing a clear indication of the route to be followed by the vehicle, planned in accordance with the code of conduct "Transportation of hazardous goods-operational requirements for road vehicles", prescribed by the Botswana Bureau of Standards; and

   (c)   the tremcards and consignment notes referred to in subregulation (1)-

 

10.   Hazardous goods inspectors

   (1) The Minister shall appoint a hazardous goods inspector, by Notice published in the Gazette.

   (2) A person shall be eligible for appointment as a hazardous goods inspector if he has-

   (a)   undergone training in the transportation of hazardous goods; or

   (b)   obtained a qualification as may be determined by the Minister.

   (3) A hazardous goods inspector shall be issued with an identity document.

   (4) The identity document issued under subregulation (3) shall reflect-

   (a)   his designation;

   (b)   the classes of hazardous goods in respect of which he has been appointed; and

   (c)   the powers to be exercised by him.

   (5) A hazardous goods inspector shall produce the identity document issued to him, if he intends to exercise or perform any power or function under these Regulations in the presence of any person affected thereby.

 

11.   Powers, duties and functions of hazardous goods inspectors

   (1) A hazardous goods inspector shall-

   (a)   monitor operators, consignors and consignee to determine their compliance with the provisions of these Regulations and the standard specifications which shall be according to Botswana Bureau of Standards;

   (b)   conduct investigations into the procedures followed by a person or body of persons in relation to the requirements for the transportation of hazardous goods;

   (c)   keep a database of"”

      (i)   every incident that is to be reported in terms of the Botswana Bureau of Standards "Transportation of hazardous goods- operational requirements for road vehicles".

      (ii)   hazardous goods regulated under these Regulations and exempt consignments thereof,

      (iii)   routes frequently used for the transportation of hazardous goods,

      (iv)   operators transporting hazardous goods, and

      (v)   offences and infringements related to the transportation of hazardous goods;

   (d)   advise the Minister on matters related to the transportation of hazardous goods;

   (e)   assist police officers and any other officers in the execution of their powers and duties in respect of transportation of hazardous goods; and

   (f)   keep abreast with international developments concerning the transportation of hazardous goods.

   (2) A hazardous goods inspector may-

   (a)   search any motor vehicle in which any substance suspected to be a hazardous good is suspected to be transported;

   (b)   enter and search any premises in which any operation or activity relating to any substance suspected to be a hazardous good or the transportation of such substance is suspected to be carried out;

   (c)   extract and examine samples of, or direct an approved authority to extract and examine any substance found in or upon such premises, motor vehicle, or any packagings, receptacles, unit loads, bulk containers, bulk transportation equipment which is suspected to be used or intended for use in the transportation of hazardous goods or any operation or activity relating to such goods;

   (d)   open or direct an approved authority to open any packagings, receptacles, unit loads, bulk containers and bulk transportation equipment suspected to contain such hazardous goods;

   (e)   assist the police officer to detain the driver of a vehicle suspected of not complying with these Regulations, for the purposes of exercising any of the powers of a hazardous goods inspector under this regulation;

   (f)   demand from the driver, operator or any person in charge of the vehicle or premises to produce any document prescribed under these Regulations;

   (g)   demand any information regarding any substance or packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects from any person in whose possession or charge it is or from the operator or person in charge of the vehicle or premises;

   (h)   weigh, count, measure, mark or seal, or direct an approved authority to weigh, count, measure, mark or seal any substance or packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects or lock, secure, seal or close any door or opening giving access to it;

   (i)   examine or make copies of, or take extracts from, any document found in the vehicle or premises and which refers or is suspected to refer to the substance, packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects;

   (j)   demand from the operator or any person in charge of the vehicle or premises or from any person in whose possession or charge of such documents, an explanation of any entry therein;

   (k)   inspect any operation or process carried out in the vehicle or premises in connection with any activity referred to in this regulation;

   (l)   demand from the operator or person in charge of the vehicle or premises or any person carrying out or is in charge of the carrying out such operation or process any information regarding the operation or process referred to in this regulation; and

   (m)   seize any substance, document or other packagings, receptacles, unit loads, bulk containers, bulk transportation equipment or other objects which appears to provide proof of contravention of any provision of this regulation.

   (3) Notwithstanding the provisions of this regulation, a hazardous goods inspector or an approved authority shall not open hazardous goods packages or unload or decant hazardous goods unless-

   (a)   the driver or the operator was duly notified;

   (b)   such opening, unloading, or decanting of packages is authorized by the local authority where the hazardous goods are located; and

   (c)   a qualified person supervises the opening, unloading or decanting of the packages.

 

12.   Report of accident by driver or operator

   (1) The driver or operator of a vehicle transporting hazardous goods shall report on any accident that he has been involved in, to the nearest police station, within 12 hours.

   (2) Subject to the provisions of subregulation (1)-

   (a)   the driver or operator shall state in full, the particulars of the consignment; and

   (b)   the operator shall state in full, the remedial measures to be taken by the company if hazardous goods have spilled onto the road or caused damage to the environment.

   (3) The driver or operator who contravenes the provisions of this regulation shall be guilty of an offence and liable to a fine of not less than P1 000, but not exceeding P5000, or to imprisonment for a term not less than three months but not exceeding two years, or to both.

 

13.   Penalties

   Any person who contravenes or fails to comply with provisions of these Regulations shall be guilty of an offence and liable to a fine of not less than P1 000 but not exceeding P5 000, or to imprisonment for a term not less than three months but not exceeding two years, or to both.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES' SEATS' SPECIFICATIONS) (EXEMPTION) ORDER

(section 132)

(27th December, 2013)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.    Citation

   2.    Exemption from regulation 111(2) of Cap. 69:01 (Sub. Leg.)

 

S.I. 126, 2013,
S.I. 49, 2014.

 

1.   Citation

   This Order may be cited as the Road Traffic (Public Service Vehicles' Seats' Specifications) (Exemption) Order, 2013.

 

2.   Exemption from regulation 111 (2) of Cap. 69:01 (Sub. Leg.)

   A public service vehicle, issued with a public service permit before the commencement of this Order,whose seats do not comply with the specifications set out under regulation 111(2) of the Road Traffic Regulations is hereby exempt from the provisions of the regulation with effect from 1st April, 2014 to 31st March, 2016.

EXEMPTION OF TRACTOR DRIVERS FROM HOLDING TRACTOR DRIVING LICENCE ORDER

(section 132)

(27th February, 2009)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.    Citation

   2.    Exemption of farm tractor drivers

 

S.I. 12, 2009.

 

1.   Citation

   This Order may be cited as the Exemption of Tractor Drivers from Holding Tractor Driving Licence Order.

 

2.   Exemption of farm tractor drivers

   A person who drives a tractor in a farm or on any other road other than a public road is hereby exempted from holding a tractor driving licence.

ROAD TRAFFIC (FLAGGING) REGULATIONS

(section 130)

(17th December, 2010)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Interpretation

   3.   Procedure for flagging vehicles

   4.   Cancellation of flag on vehicle

   5.   Responsibility of owner of flagged vehicle

   6.   Freezing of transactions relating to flagged vehicle

 

      SCHEDULE

 

S.I. 122, 2010.

 

1.   Citation

   These Regulations may be cited at the Road Traffic (Flagging) Regulations.

 

2.   Interpretation

   (1) In these Regulations,unless the context otherwise requires-

   "authorised officer" means an officer of the Botswana Police Service of the rank of Assistant Superintendent or above who is authorised by the Commissioner of Police to direct the flagging of vehicles or the cancellation thereof;

   "officer-in-charge" means police officer in charge of police station;

   "vehicle flagging" means the placement of mark (flag) in the vehicle registration and licensing system which an authorised officer puts or cause to be put on the registration details of vehicle for purposes of lerting the Department of Road Transport and Safety vehicle licensing office that the owner or driver, as the case may be, of the vehicle in question has outstanding fine owed to the Government; and

   "vehicle registration and licensing system" means the computer-based system operated by the Department of Road Transport and Safety for purposes of capturing the registration details of motor vehicles registered in Botswana.

 

3.   Procedure for flagging vehicles

   (1) An authorised officer shall, after 21 days upon which an offence has been committed, and upon failure by the person charged with the offence to pay the penalty thereof, flag the vehicle used in the commission of the offence.

   (2) The uthorised officer shall flag the vehicle referred to under subsection (1) by notifying the offender of his or her failure to pay the penalty and the consequence of the failure thereof using Part A of the Flagging Formset out in the Schedule.

   (3) The authorised officer shall, before issuing the instruction to flag vehicle ensure that-

   (a)   the correct title of the offence and code, and station codes are entered into the document containing the details of the offence; and

   (b)   the date of offence and the particulars of the offender are correctly captured.

   (4) The authorised officer shall upon issuing notice under subregulation (1), enter mark and the details of the offence in the vehicle registration and licensing system.

   (5) The uthorised officer shall issue single flag for each detected offence.

 

4.   Cancellation of flag on vehicle

   (1) An uthorised officer may, after consulting the officer-in charge, cancel flag on vehicle if-

   (a)   an investigation shows that the lleged offender is foreigner and has since left Botswana;

   (b)   the outstanding fine has been paid;or

   (c)   the case has been withdrawn against the offender.

   (2)The authorised officer shall cancel the flag on vehicle by using Part B of the Flagging Form set out in the Schedule.

   (3) Where flag is cancelled under subsection (1) the prescribed officer who cancelled the flag shall consider other enforcement action for the particular offence and where appropriate, may issue summons, another flag or arrest the offender.

 

5.   Responsibility of owner of flagged vehicle

   The registered owner of vehicle or an alleged offender may, upon finding out that his or her vehicle has been flagged-

   (a)   pay the outstanding fine relating to the use of the vehicle;

   (b)   elect in writing to have the matter determined by the court; or

   (c)   take no action, which may result in the matter being referred to the court by the prescribed officer for prosecution.

 

6.   Freezing of transactions relating to flagged vehicle

   A licensing officer shall not process any transaction relating to flagged vehicle unless all outstanding fine owed to the Government relating to the use of the vehicle has been settled.

SCHEDULE

FLAGGING FORM

(regs 3 and 4)

Part A


Station ............................................................ Case No..................................................


Requesting officer ........................ Rank .................... Service No .....................................


VEHICLE DETAILS


Registration No. ................. Make ...................... Model ..................... Colour ..................


DRIVER


Names ........................................... Sex ............................ ID No. ..................................


OFFENCE .......................................................................................................................


Date of offence .............................................. Location of offence .....................................


Reason for flagging ..........................................................................................................


Date ..................................................... Signature ..........................................................


Authorised officer's comments .........................................................................................


Date ........................................................ Signature ......................................................


licensing officer .......................... Service No. ............................ Date .............................


Signature ......................................................................................................................

CANCELLATION OFA FLAG

 

Part B 

Requesting officer .................................. Rank ........................... Service No. ....................

Reason for unflagging

(tick
appropriate)

accused
arrested

paid A of G

vehicle
recovered

flagged by error

Other .............................................................................................................................

Authorised officer's comments ..........................................................................................

Date ......................................................... signature ......................................................

Licensing officer ................................. Rank .......................... Service No. .......................

Station ............................................................. date .....................................................

Signature .............................................................................

 

ROAD TRAFFIC (SIGNS) REGULATIONS

(under section 130)

(28th January, 2005)

ARRANGEMENT OF REGULATIONS

REGULATION

 

PART 1
Preliminary

   1.   Citation

   2.   Interpretation

   3.   Authority to display a traffic sign

   4.   Purpose of traffic signs

   5.   Classification of traffic signs

   6.   Types, dimensions and specification of traffic signs

   7.   Colour of traffic signs

   8.   Material for making traffic signs

   9.   Lettering on traffic signs

   10.   Sign references

   11.   Warranty

   12.   Sign posts and support frames

   13.   Foundation

   14.   Traffic lights

   15.   Road markings

   16.   Overhead traffic signs and variable signals

   17.   Mounting of traffic signs

   18.   Illumination of traffic signs

   19.   Manner of displaying traffic signs and signals

   20.   Legends on traffic signs

 

PART II
Rules of the road

   21.   Speed limit

   22.   Driver to be cautious despite recommended or minimum speed

   23.   Slow moving vehicles

 

PART III
School and playground zones

   24.   Beginning and end of a school or playground zone

   25.   School zone sign to apply

   26.   Playground zone

   27.   Intermittent flashing yellow light

   28.   Absence of speed limit sign

   29.   Overtaking prohibited in school or playground zone

 

PART IV
Driving on a roadway

   30.   Driving on the left side of a roadway

   31.   Vehicular crossing

   32.   Narrow roadways, drifts and riverbanks

   33.   Rules of traffic lanes

   34.   Three lane traffic

   35.   One-way traffic

   36.   No entry and cul-de-sac roads

 

PART V
Overtaking and passing

   37.   Following other vehicle

   38.   Overtaking

   39.   Passing a parked vehicle or other obstruction

   40.   Overtaking on the right

   41.   Overtaking on the left

   42.   Restriction on overtaking

 

PART VI
Turns

   43.   Left turn

   44.   Right turn

   45.   Directional arrows

   46.   Traffic lane arrows

   47.   U-turn

   48.   Making a U-turn at an intersection

 

PART VII
Reversing

   49.   Reversing to be done in safety

   50.   Prohibition of reversing

 

PART VIII
Yielding and stopping

   51.   Giving way at intersections

   52.   Stopping before entering a roadway

   53.   Stop sign

   54.   Right of way

   55.   Yield sign

   56.   Entering a roundabout

   57.   Entering and leaving a roundabout from a multi-lane road

   58.   Yielding at a pedestrian crossing or crosswalk

   59.   Railway level crossing

 

PART IX
Stopping, waiting and parking

   60.   No stopping or waiting on a length of road

   61.   No parking, etc. on a length of road

   62.   No stopping on a road with a continuous edge line

   63.   Stopping in or near an intersection

   64.   Stopping on or near a pedestrian crossing

   65.   Stopping on or near a railway level crossing

   66.   Stopping on a freeway

   67.   Stopping in a loading zone

   68.   Stopping in a goods vehicle zone

   69.   Parking in a special marked area

   70.   Driving and stopping in a reserved lane

   71.   Stopping on a bridge or in a tunnel, etc.

   72.   Stopping on crest or curve outside a built-up area

   73.   Stopping at or near bus stop

   74.   Stopping on roads by heavy motor vehicles

   75.   Stopping in a parking area for people with disabilities

   76.   Parking outside a built-up area

   77.   Parking restrictions

   78.   Parallel parking

   79.   Angle parking

   80.   Waiting and parking on a hill

   81.   Vehicle on jacks

   82.   Stationary vehicles at night

 

PART X
Merging

   83.   Entering a roadway

   84.   Allowing merging

 

PART XI
Traffic lights

   85.   Green traffic lights

   86.   Yellow traffic lights

   87.   Red traffic lights

   88.   Malfunction of traffic lights

   89.   Pedestrian's hand signals

   90.   Pedestrian's green man

   91.   Pedestrian's red man

   92.   Crossing at traffic lights

 

PART XII
Directions by hand to drivers

   93.   Directions by police officer

   94.   Directions by hand held sign or flagman

 

PART XIII
Emergency and construction vehicles

   95.   Use of siren and emergency flashing light

   96.   Operating and parking emergency vehicles

   97.   Police vehicles operating without siren

   98.   Yielding to vehicle with siren

   99.   Road Safety Auditing Team on public roads

   100.   Road works

 

PART XIV
School buses

   101.   School bus warning plate

   102.   Hazard flashing lights

   103.   Reversing on school grounds, etc.

   103A.   Seating capacity for school bus

 

PART XV
Bicycles

   104.   Rights and duties of bicycle operator

   105.   Operation of bicycle

   106.   Travelling a single path

   107.   No bicycle signs and markings

   108.   Bicycles used in exhibitions, etc.

 

PART XVI
Pedestrians on public road

   109.   No pedestrian sign

   110.   Pedestrians on roadway

   111.   Pedestrian crossing roadway

   112.   Yielding by pedestrian

   113.   Actions contrary to rules

 

PART XVII
Animals on public roads

   114.   Duty of person riding animal-drawn vehicle

   115.   Straying animals

   116.   Wild animals

 

PART XVIII
Trucks, long vehicles and public service vehicles

   117.   Height limit

   118.   Length limit

   119.   Width limit

   120.   Load limit

   121.   Restrictions on certain vehicles

   122.   Restrictions on public service vehicles

 

PART XIX
Trams

   123.   Trams in general

   124.   Tram lanes

   125.   Stopping and parking on tram tracks

   126.   Passing trams

   127.   Overtaking trams

   128.   Keeping clear of trams

   129.   Pedestrians crossing the road near a halted tram

 

PART XX
Appointment of a Road Safety Audit Team

   130.   Appointment of a Road Safety Audit Team (RoSAT)

   131.   Duties of Road Safety Audit Team

 

PART XXI
General road traffic rules

   132.   View not to be obstructed

   133.   Spotlight

   134.   Noise level

   135.   Use of a horn device

   136.   Passengers in camping or house trailer

   137.   Opening vehicle doors

   138.   Disturbance in residential area

   139.   Procession and convoy

   140.   Air cushion vehicle

   141.   Removal of damaged vehicles

   142.   Advertising on public road

   143.   Damage to traffic control devices

   144.   Number of types of traffic signs

   145.   Guide markers (verge marking posts)

   146.   Traffic lights precedence over road signs

   147.   Penalties

   148.   Transitional

   149.   Repeal of Cap. 69:01 (Sub.Leg.)

 

      First Schedule

      Second Schedule

      Third Schedule

      Fourth Schedule

      Fifth Schedule

      Sixth Schedule

 

S.I. 6, 2005,
S.I. 59, 2013.

PART I
Preliminary (regs 1-20)

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Signs) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "abnormal vehicle (AV)" means any vehicle which may be operated on a public road under a written exemption granted by a relevant authority;

   "agricultural vehicle" means a vehicle designed or adapted solely for agricultural activities and includes a tractor, but does not include a goods vehicle or passenger vehicle;

   "air-cushion vehicle" means a vehicle designed to derive support in the atmosphere primarily from reactions against the earth surface resulting from expulsion of air from the vehicle;

   "all-way-stop" means a stop at which vehicles on all approaches to a road junction controlled by an all-way-stop sign are required to stop, the informal first-in-first-way right of way rule allowing for departure from the stop line by all vehicles in an orderly manner, provided that it is safe to do so;

   "animal-drawn vehicle" means a vehicle with one or two axles designed to be drawn by animals;

   "authorised vehicle" means any vehicle identified by means of-

   (a)   a number plate of different colour or any other characteristics;

   (b)   an international wheel-chair symbol (blue) on the right rear of the vehicle; or

   (c)   an authorised disc affixed to the left inside of the windscreen of the vehicle, and whose identification is thereby compatible with that displayed on the appropriate road traffic sign;

   "bicycle" means any cycle propelled by human power regardless of the number of wheels that the cycle may have;

   "built-up-area" means an area where there are buildings next to the road at intervals of not more than 100 metres for at least 500 metres;

   "clearway" means a stretch of road along which stopping and parking are prohibited;

   "construction vehicle" means a vehicle used in connection with the road construction and maintenance;

   "continuing road" means a road with priority on which traffic route continues through the intersection;

   "crossroad" means the connecting road between the two sides of a major road;

   "crosswalk" means-

   (a)   that part of a roadway at the intersection included within the connection of the lateral line of the sidewalks on opposite sides of the roadway measured from the kerbs or, in the absence of kerbs, from the edges of a roadway; or

   (b)   any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or by other markings on the road surface;

   "daytime" means the period commencing one hour after sunrise and ending one hour before sunset;

   "edge line" means a line marked along the road at or near the far left or far right side of the road in white.

   "emergency vehicle" means a motor vehicle specially constructed or adapted for the purpose of conveying sick and injured persons to or from a place of medical treatment and which is registered as an ambulance or any type of vehicle which may be used in the event of a disaster, civil disturbance or car accident and such vehicles include Botswana Police, fire and Botswana Defence Force vehicles;

   "freeway'' means a stretch of road situated between the sign "freeway begins" R401 and "freeway ends" R401-2600;

   "gore" means the area immediately beyond the divergence of two or more roadways, bound by the edge of those roadways;

   "hairpin bend" means a bend where the road changes direction by more than 135 degrees and where the inside radius of the curve is less than 20 metres;

   "house trailer or camping trailer" means a vehicle that-

   (a)   is capable of being attached to and drawn by a motor vehicle; and

   (b)   is designed, constructed or equipped as a dwelling place, living abode or sleeping place;

   "intersection" means the area embraced within the prolongation or connection of-

   (a)   the lateral kerb lines; or

   (b)   if there are not any lateral kerb lines, the exterior edges of the roadways, of two or more highways which join one another at an angle whether or not one highway crosses the other;

   "junction" means that portion of an intersection contained within the prolongation of the lateral limits of the intersecting roadways and include any portion of the roadway between such lateral limits, and any stop or yield line marking which is painted at such intersection;

   "level crossing" means-

   (a)   an area where a road and a railway meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area; or

   (b)   an area where a road and a tram track meet at substantially the same level and that has a tram crossing sign on the road at each entrance to the area;

   "long vehicle" means a vehicle that is 7 metres long or longer, including a commercial trailer, house or camping trailer;

   "median" means a physical barrier or area that separates lanes of traffic travelling on a highway or clearway;

   "moped" means a vehicle, regardless of the number of wheels it has, that may be propelled by muscular power, by mechanical power, or partly by muscular power and partly by mechanical power and that-

   (a)   has a motor that is driven by electricity or has an engine with a displacement of not more than 50 cubic centimetres;

   (b)   does not have a hand-operated or foot-operated clutch or gearbox driven by the motor that transfers power to the driven wheel;

   (c)   does not have sufficient power to attain a speed greater than 50 kilometres per hour on level ground within a distance of two kilometres from a standing start; and

   (d)   and weighs more than 35 kilograms but less than 55 kilograms, but does not include a bicycle or power bicycle;

   "night time" means the period commencing one hour before sunset and ending one hour after sunrise;

   "one-way-street" means a road on which traffic is permitted to travel only in one direction but does not include a highway that is divided by a median into two separate roadways with the traffic on one roadway travelling in one direction and the traffic on the other roadway travelling in the opposite direction;

   "overtaking" means the action of a driver approaching from behind and passing another driver travelling in the same direction of traffic;

   "painted island" means an area of road on which there are white or yellow stripes marked on the road surface;

   "park" means allowing a vehicle to remain stationary in one place including stopping whether or not the driver leaves the vehicle;

   "parking lane" means that portion of a primary public road between-

   (a)   the edge of the roadway to the left of the direction of traffic; and

   (b)   the nearest solid white or yellow line, not being the centre line, marked on the roadway;

   "passing" means when a person driving a vehicle passes a stationary vehicle, construction site, or any obstacle in the same lane or line of traffic;

   "pedestrian traffic control signal" means a traffic control signal by which pedestrians are specifically directed to proceed or not proceed;

   "priority" means that the driver of a vehicle and the traffic on the roadway on which he is travelling have a right-of-way at the junction ahead;

   "right-before-left" means that a driver shall give way to traffic approaching from his right-hand at any road junction, unless there is a working traffic signal, stop signs, give way signs or any other indication of who has the right-of-way;

   "road authority" means, where a road in any area or district has been lawfully vested in a local authority or any person, such authority or person and where a road has not been so vested in a local authority or a person, 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 these Regulations;

   "roundabout" means a junction which contains a traffic island in the middle and a road user travels in a clockwise direction yielding right-of-way to traffic approaching from the right;

   "school bus" means a motor vehicle used primarily for transporting persons to and from a school and on which is displayed the sign W400;

   "selective restriction sign" means a regulatory sign which comprises a two part message which is such that the lower message modifies or qualifies the significance of the upper message;

   "service road means" a road that runs parallel to a main road and is separated from the main road;

   "slip lane means" an area of road for vehicles turning left that is separated at some point, from other parts of the road by a painted island or traffic island;

   "spotlight" means a hand-operated strong beam of light used to illuminate prominently a particular person, thing or group, from a vehicle;

   "stop" means-

   (a)   when required, a complete cessation of vehicular movement; or

   (b)   when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with a direction given by a police officer or traffic control device;

   "traffic lane" means a longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles whether or not the division is indicated by lines on the road surface but does not include a parking lane;

   "traffic lights" means an electronic device designed to show a red, yellow or green light, or two or more traffic lights in a vertical arrangement and at different intervals, and includes any traffic arrows installed with or near the device whether or not flashing;

   "tram" means a large coach or vehicle on rails that provides public transportation along certain streets;

   "u-turn" means a turn made by a driver so that the drivers vehicle faces in approximately the opposite direction from which it was facing immediately before the turn was made, but does not include a turn made at a roundabout;

   "variable message sign" means a light-reflecting or light-emitting road sign which is capable of varying its message by manual or remote control to display a different message from the one last displayed; and

   "zig-zag-zone" means that section of the roadway delineated by a white zig-zag line next to the edge of the roadway or kerbstone, which marks a specific area for no stopping or parking for unauthorised vehicles.

 

3.   Authority to display a traffic sign

   A traffic sign shall only be displayed by a road or other authority empowered to do so by section 78 of the Act.

 

4.   Purpose of traffic signs

   A road traffic sign shall have one of the following purposes-

   (a)   warning, that is to say, a road traffic sign calling attention to conditions on a public road which are dangerous or potentially dangerous to road users;

   (b)   regulatory, that is to say, a road traffic sign which directs a road user to take or not to take specific action;

   (c)   guidance, that is to say, a road traffic sign indicating a destination, direction, place or location, or any combination of these, or a road traffic sign which imparts advice to road users; and

   (d)   information, that is to say, a road traffic sign indicating a distance, amenity, facility, place of interest, tourist attraction or location, or any combination of these, or a road traffic sign which imparts general information to road users.

 

5.   Classification of traffic signs

   (1) Road traffic signs shall be divided into the following classes and sub-classes as set out in the First Schedule-

   (a)   warning signs under-

      (i)   road layout signs series W100,

      (ii)   direction of movement signs series W200,

      (iii)   symbolic signs series W300,

      (iv)   hazard marker signs series W400, and

      (v)   advanced notice of road works series W500;

   (b)   regulatory signs under-

      (i)   control signs R1 series,

      (ii)   command signs R100 series,

      (iii)   prohibition signs R200 series, and

      (iv)   comprehensive signs R400 series;

   (c)   information signs-

      (i)   rectangular signs IN 1 series,

      (ii)   highway - freeway event signs IN 100 series, and

      (iii)   parking signs IN 300 series;

   (d)   guidance signs-

      (i)   direction signs highways,

      (ii)   city location signs,

      (iii)   diagrammatic (merging) signs,

      (iv)   freeway direction signs,

      (v)   tourism route markers,

      (vi)   tourism direction signs,

      (vii)   tourism symbols, and

      (viii)   city pedestrian signs;

   (e)   supplementary plates-

      (i)   selective text messages IN500 series; and

      (ii)   symbol plates;

   (f)   traffic light signals-

      (i)   generic traffic light signals,

      (ii)   pedestrian and cyclist signals,

      (iii)   railway traffic lights,

      (iv)   overhead signals, and

      (v)   flashing warning signals;

   (g)   road markings-

      (i)   regulatory transverse markings RTM series,

      (ii)   regulatory longitudinal markings RM series,

      (iii)   warning markings, and

      (iv)   guidance markings;

   (h)   samples of road layouts.

   (2) Road signs may be permanent or temporary as prescribed in these Regulations.

   (3) A temporary road sign shall be of force for a limited time only.

   (4) A temporary road marking shall be reflectorized and shall be yellow in colour and if conditions require, be supplemented with yellow cat-eyes.

   (5) A temporary road sign used for road construction shall suspend traffic rules provided by permanent markings.

   (6) When a temporary road sign is installed, a permanent road sign or marking shall be temporarily covered or removed.

   (7) A temporary sign or marking shall, when conditions return to normal, be removed within 10 calender days, with no lasting residual or visual trace remaining on the roadway.

 

6.   Types, dimensions and specification of traffic signs

   (1) The road traffic signs that fall under the classes and sub-classes referred to under regulation 5(1) shall consist of sign plates and sign faces as prescribed in the First Schedule.

   (2) The minimum and maximum dimensions of road traffic signs, signals and road markings referred to under regulation 5(1) shall be as prescribed in the First Schedule.

 

7.   Colour of traffic signs

   (1) A traffic sign shall be manufactured by making the sign face from a micro-primatic retro-reflective sheeting in accordance with ASTM D4956 or DIN EN 12899-1 or the equivalent ISO standard 9000.

   (2) The colour of the sheeting under subregulation (1) shall be as prescribed in the Fourth Schedule.

   (3) Warning and regulatory signs shall be manufactured from Type IX sheeting.

   (4) Guidance and information signs shall be manufactured using Type III sheeting for background and Type IX sheeting for lettering.

 

8.   Material for making traffic signs

   (1) Signs plates shall be made of aluminium sheeting of 2mm thickness or cold rolled mild steel of 1.44mm thickness with a protective paint system on both sides of the steel.

   (2) The colour of the reverse sign plate and support frame shall be sprayed in grey by applying two coats of enamel paint.

 

9.   Lettering on traffic signs

   (1) The lettering on traffic signs shall be of a plain style and easy to read at a distance and be in accordance with the UK "Transport Heavy" Windows based Truetype Font.

   (2) The size of letters and numbers on traffic signs other than route signs shall be as prescribed in the Second Schedule.

   (3) The size of letters of route signs shall be as follows-

Capital letter height (English
Script) in millimetre (mm)

 

   (a)   Traffic speeds up to 30 km/h100 

   (b)   Traffic signs between 60 km/h and 80 km/h150 

   (c)   Traffic speeds between 80 km/h and 120 km/h175

      (Roads with more than two lanes in the direction of travel and for signs mounted overhead)

   (4) The spacing of characters on a traffic sign shall be as prescribed in the Second Schedule.

 

10.   Sign references

   (1) Sign plates shall be clearly and permanently marked on the back with the following information-

   (a)   the name, trade mark or means of identification of the manufacturer; and

   (b)   the month and year of manufacture.

   (2) The sign manufacturer referred to under subregulation (1) shall be registered with the department of Road Transport and Safety and monitored by the Road Safety Audit Team.

 

11.   Warranty

   A sign manufacturer shall provide a minimum warranty of 10 years for each sign.

 

12.   Sign posts and support frames

   (1) Sign posts and sign support frames shall be manufactured from the following materials-

   (a)   a minimum of 50mm internal diameter galvanised steel tube;

   (b)   galvanised screws, bolts, nuts, washers, rivets, etc.; and

   (c)   posts with caps covering the top of the tube.

   (2) The material shall comply with ISO 9000 or BDS 1031: 1983 standards.

   (3) Steel fixings that come into contact with aluminium shall be coated.

 

13.   Foundation

   The foundations of signs shall be at least one-third the overall length of the sign post and shall be filled with at least 0.1 cubic metres of class 15 concrete.

 

14.   Traffic lights

   Traffic lights signals shall comply with the GB/T 5795 - 2002 or ISO 16508:1999/CIE S006.1/E - 1998.

 

15.   Road markings

   (1) The material used for road markings shall comply with GB 14887-2003 or the equivalent ISO standard 9001 or ANSI Z535.3 as follows-

   (a)   hot sprayed plastic or thermoplastic (melted powder form) which shall comply with the BS 3262 - 1987 standards or equivalent ISO standard 9001; and

   (b)   road paint and thermoplastic shall be refletorized by the addition of reflecting glass beads of ballotini type.

   (2) The ballotini referred to under subregulation (1) (b) shall comply with the BS 6088 - 1993 or the equivalent ISO standard 9001.

   (3) Road paint shall be applied by brush or machine and the rate of application of such paint shall be between 0.4 litres/m2 and 0.7 litres/m2.

   (4) Glass beads shall have a minimum application rate of 400 gm/m2.

   (5) Guide markers W418 shall comply with BS873 or the equivalent ISO 9001 standards.

 

16.   Overhead traffic signs and variable signals

   (1) Overhead traffic signs and variable signals on gantries and mast arms shall have at least 5.7 metres clearance between the bottom edge and the carriage way.

   (2) A traffic sign shall have a minimum clearance as prescribed in the Third Schedule.

 

17.   Mounting of traffic signs

   (1) Two signs may be mounted on the same sign post.

   (2) When two warning signs are mounted as provided for under subregulation (1), the sign at the top shall refer to the nearest of the two hazards.

   (3) A supplementary plate shall be mounted beneath the primary sign to which it refers and there shall be a gap of at least 75mm between them.

 

18.   Illumination of traffic signs

   Subject to the other provisions of these Regulations, a traffic sign which is intended to convey its significance also during the hours of darkness shall-

   (a)   have a fully retro-reflectorised symbol, legend and border, where applicable; and

   (b)   be illuminated by direct lighting, either externally or internally ascribed to it in accordance with ISO 9001 standards.

 

19.   Manner of displaying traffic signs and signals

   Subject to the provisions of these Regulations, a road traffic sign or a road traffic signal shall-

   (a)   be displayed on a road so as to face oncoming traffic; and

   (b)   be placed in a position and at a height as prescribed in the Third Schedule.

 

20.   Legends on traffic signs

   Where in these Regulations a reference is made to the series, legends or figures, any such series, legends or figures shall be as prescribed in the First Schedule.

PART II
Rules of the road (regs 21-23)

 

21.   Speed limit

   (1) A speed limit of 60 kilometres per hour, R201-60 shall apply in respect of every public road or related areas within a built-up area.

   (2) A person shall not drive at a speed over the speed limit applying to him for the length of road where he is driving.

   (3) The speed limit applying to a driver for any length of road to which a speed limit sign applies is the number of kilometres per hour indicated by the number on the sign.

   (4) A speed limit sign on a road applies to the length of road beginning at the sign and ending at the nearest of the following-

   (a)   a speed limit sign on the road with a different number on the sign;

   (b)   a speed de-restriction sign R201-R601 on the road; or

   (c)   if the road ends at a T-intersection, crossings or any other ending at that T-intersection, crossing or ending of a road.

   (5) A speed of 80 kilometres, 100 kilometres, 120 kilometres per hour, (R201-80, R201-100 or R201-120) shall apply in respect of every freeway, highway or similar constructed road.

 

22.   Driver to be cautious despite recommended or minimum speed

   (1) Notwithstanding that a recommended speed sign IN6 is prescribed for a particular length of a road, a driver of a vehicle shall not drive a vehicle on that road at any speed that is unreasonable having regard to all the circumstances, including-

   (a)   the nature, condition and use of the roadway;

   (b)   the atmospheric, weather or other conditions that might affect the visibility of the driver or the control of the vehicle;

   (c)   the amount of traffic that is or that might reasonably be expected to be on the road; and

   (d)   the mechanical condition of the vehicle or any equipment on the vehicle.

   (2) Subject to this regulation, where a road located outside a built-up area has two or more traffic lanes on the same side of the centre line for use by vehicles travelling in the same direction, a person driving a vehicle shall not-

   (a)   drive a vehicle in the traffic lane nearest the centre line unless the vehicle is being driven at or near the maximum speed permitted; or

   (b)   drive a vehicle at a slow rate of speed which is below the prescribed minimum speed R101-50 so as to impede or block the normal and reasonable movement of traffic then existing on such road.

   (3) Notwithstanding subregulation (2) (b), a person driving a vehicle on a roadway at a speed that is below the prescribed minimum speed that is established for that roadway may drive the vehicle in the traffic lane nearest to the centre line for the purpose of overtaking another vehicle.

   (4) A police officer may direct a person who is driving a vehicle in contravention of subregulation 2(b) to do one or more of the following-

   (a)   increase the rate of speed at which the vehicle is travelling; or

   (b)   remove the vehicle from the roadway.

   (5) Where a police officer gives a direction to a person driving a vehicle under subregulation (4), that person shall operate the vehicle in accordance with the direction.

 

23.   Slow moving vehicles

   (1) A person driving a vehicle on a freeway, highway or dual-carriagway at a speed that is less than the normal speed of the traffic at that time and place, shall drive the vehicle-

   (a)   in the far left traffic lane available for traffic;

   (b)   as close as practicable to the left kerb or edge of the roadway, except when either-

      (i)   overtaking another slow moving vehicle travelling in the same direction or passing an obstacle, or

      (ii)   preparing for a right turn at an intersection or entering a private driveway.

   (2) Where roads impose a mandatory restriction for slow moving vehicles, a driver shall not proceed beyond the sign R236, instead he shall use alternative routes.

   (3) A person riding an animal drawn vehicle shall not proceed beyond the sign R237 unless such a person is exempted by a road authority.

   (4) If an illuminated or interchangeable traffic control overhead signal LS40 directs moving traffic, a person driving a vehicle shall drive the vehicle only in that lane at the prescribed speed limit.

PART III
School and playground zones (regs 24-29)

 

24.   Beginning and end of a school or playground zone

   (1) A speed limit of 30 kilometres per hour applies in respect of any length of road situated next to a school or playground zone.

   (2) A school zone or playground zone that is located along a public road-

   (a)   begins at the point where there is a traffic control sign R403 indicating the school or playground zone or the commencement of the school zone or playground zone; and

   (b)   ends at a point where there is a traffic control sign indicating a greater rate of speed or the end of the zone sign R600.

 

25.   School zone sign to apply

   (1) Where a portion of a public road is identified as a school zone by a "school zone" sign R201-30 zone, the speed limit that is established or prescribed for that school zone applies.

   2 Where a portion of a public road is identified as a school zone by a "school zone" sign, the speed humps sign W332 shall be assigned to warn road users of the humps on the roadway.

 

26.   Playground zone

   Where a portion of a public road is identified as a playground zone by a traffic control device, the speed limit that is established or prescribed for that playground zone is in effect during the daytime period.

 

27.   Intermittent flashing yellow light

   Notwithstanding regulations 25 and 26 when, at an intersection or other place within a school zone or a playground zone, rapid flashes of yellow light are shown by a traffic control device together with a supplementary sign reading or symbol indicating "school zone", "playground zone" or "children", the speed limit that is established or prescribed for that zone applies.

 

28.   Absence of speed limit sign

   Where there is no speed limit sign on a length of road, the speed limit applying to a driver for the length of road is the general speed limit.

 

29.   Overtaking prohibited in school or playground zone

   A person driving a vehicle shall, when driving a vehicle in a school zone or a playground zone, drive such vehicle so as not to overtake another vehicle.

PART IV
Driving on a roadway (regs 30-36)

 

30.   Driving on the left side of a roadway

   (1) A person driving a vehicle shall not drive the vehicle so that the vehicle or any portion of the vehicle is to the right of the centre line of any public road and shall be as near as practicable to the far left side of the road except-

   (a)   when overtaking another vehicle;

   (b)   when the roadway to the left of the centre line is obstructed by parked vehicles or other objects;

   (c)   when the roadway to the left of the centre line is closed to traffic;

   (d)   when turning right from the roadway onto another roadway or into a private road or driveway;

   (e)   when a traffic sign otherwise requires or permits; or

   (f)   when the vehicle is being operated on a one-way street.

   (2) A person driving a vehicle, shall not enter a public road in which one or more of the following signs is displayed, R208, R222, R223 or R247 unless-

   (a)   that person resides in that area or is visiting another person in that area; or

   (b)   the driver is permitted to drive the vehicle past the sign by a road authority.

   (3) If a roadway is divided into two or more traffic lanes by a boulevard, ditch or other physical barrier, a person driving a vehicle shall not drive the vehicle-

   (a)   into, across or on the boulevard, ditch or physical barrier;

   (b)   on that portion of the roadway that is to the right of the white line except in an emergency situation where the vehicle is disabled and it is not practicable to move the vehicle to the far left side of the roadway; or

   (c)   into the right lane unless-

      (i)   the driver is turning right, or making a U-turn from the centre of the road, and is giving a change of direction signal,

      (ii)   the drive is overtaking,

      (iii)   the driver is avoiding an obstruction, or

      (iv)   the traffic in every lane is congested.

   (4) Subregulation (3) (c) applies to a person driving a vehicle on a road with two or more traffic lanes if-

   (a)   the speed limit applying to the driver for the length of road where the driver is driving, is over 80 km/h, or

   (b)   a "Keep Left Overtake Right" sign applies to the length of road where the driver is driving.

   (5) A "Keep Left Overtake Right" sign GD26 on a multi-lane road applies to the length of road beginning at the sign and ending at the nearest of the following-

   (a)   a traffic sign or road marking on the road that indicates that the road is no longer a multi-lane road; or

   (b)   if the road ends at a T-intersection or crossing of the road.

 

31.   Vehicular crossing

   Except as may be provided for by any Local Authority bye-laws, a person driving a vehicle shall not drive the vehicle onto, across or on any boulevard, ditch or sidewalk except at vehicular crossings provided for that purpose.

 

32.   Narrow roadways, drifts and riverbanks

   (1) When the condition of a portion of a roadway is such that it is impractical or unsafe for two vehicles being driven in oncoming traffic to pass each other in a normal manner-

   (a)   the person driving the vehicle that is approaching that portion of the roadway shall give precedence to the vehicle that reached first the narrowing space by-

      (i)   slowing down and stopping the vehicle before entering that portion of the roadway, or

      (ii)   not proceeding until the oncoming vehicle has passed by; or

   (b)   in the case where from both sides two or more vehicles reach that portion of the roadway at the same time each driver shall-

      (i)   slow down their respective vehicles before proceeding to pass the narrowing space,

      (ii)   take all reasonable steps to determine whether the vehicles are able to pass in safety, and

      (iii)   if necessary, assist the person driving the other vehicle to pass in safety.

   (2) When the condition of a roadway is unsafe to drive with the permitted speed, the driver shall pay attention to any warning sign on the road.

 

33.   Rules of traffic lanes

   (1) When operating a vehicle on a single-carriageway, dual-carriageway or freeway-

   (a)   in the case where double parallel continuous dividing lines, RM2, exist between traffic lanes, a person shall not drive the vehicle so that the vehicle or any portion of the vehicle crosses the double solid lines from one traffic lane to another;

   (b)   in the case of a road where only a single continuous dividing line exists between traffic lanes, a person shall not drive the vehicle so that the vehicle or any portion of the vehicle crosses the single solid line from one traffic lane to another except when passing a stationary obstacle;

   (c)   in the case where a single continuous dividing line and a broken dividing line exist together in the middle of a roadway, a person-

      (i)   shall not except as permitted under paragraph (c) (ii), drive the vehicle so that the vehicle or any portion of the vehicle crosses the single continuous line from the traffic lane next to which the single continuous line is located, or

      (ii)   may only drive the vehicle so as to cross to the right over the broken and continuous dividing lines from the traffic lane next to which the broken line is located for the purpose of passing a stationary obstacle in that traffic lane and shall, as soon as that obstacle is safely passed, re-cross both lines and return to the traffic lane on the left in which that persons vehicle was originally travelling;

   (d)   in the case where-

      (i)   the roadway consists of only two traffic lanes that carry traffic in opposite directions, and

      (ii)   only one or more broken dividing lines exist between the two traffic lanes,

      a person may only drive the vehicle so as to cross to the right over the broken dividing line from that persons traffic lane into the traffic lane carrying the oncoming traffic for the purpose of overtaking or passing another vehicle that is travelling in the left traffic lane and shall as soon as that other vehicle is safely passed return to the traffic lane in which that person's vehicle was originally travelling;

   (e)   in the case where-

      (i)   the roadway consists of two or more traffic lanes that carry traffic in one direction only, and

      (ii)   only one or more broken dividing lines exist between the traffic lanes, a person may, with respect to those traffic lanes, drive the vehicle so as to cross the broken lines from one traffic lane into another traffic lane.

   (2) A person driving a vehicle shall, before driving a vehicle from one traffic lane into another or from a kerb lane or a parking lane into a traffic lane-

   (a)   signal that person's intention to do so; and

   (b)   give the signal in sufficient time to provide a reasonable warning to other persons of his or her intention.

   (3) Notwithstanding subregulation (1) and unless prohibited by a traffic control device, a person driving a vehicle may drive the vehicle on a roadway so as to cross a continuous single dividing line or a double continuous dividing line for the following purposes-

   (a)   when necessary to turn left or right into a roadway or into a private road or driveway; or

   (b)   when necessary to enter with a long vehicle a parking lane on the left side of the centre line.

   (4) Notwithstanding anything in this regulation, when the movement cannot be made safely, a person driving a vehicle shall not do the following-

   (a)   drive the vehicle from one traffic lane to another;

   (b)   drive the vehicle so as to cross a continuous dividing or broken dividing line;

   (c)   drive the vehicle from a kerb lane into a traffic lane; or

   (d)   drive the vehicle from a parking lane into a traffic lane.

   (5) When a roadway has been divided into traffic lanes by clearly visible dividing lines marked on the road surface, a person driving a vehicle other than a bicycle shall drive the vehicle as closely as practical in the centre of the traffic lane so marked.

   (6) A person driving a vehicle shall not drive the vehicle in such a manner that the vehicle occupies space in two traffic lanes-

   (a)   except during the act of passing a stationary obstacle; or

   (b)   unless road conditions make the use of single traffic lane impossible.

 

34.   Three lane traffic

   Where a roadway consists of three traffic lanes moving in two different directions, a person driving a vehicle shall not drive the vehicle in the centre lane except for the following purpose-

   (a)   when overtaking another vehicle travelling in the same lane;

   (b)   when passing a stationary vehicle;

   (c)   when that person intends to turn right and if it is safe to do so; or

   (d)   when a traffic control device otherwise permits.

 

35.   One-way traffic

   (1) Where a person drives a vehicle on a one-way roadway, that person shall only drive the vehicle in the direction designated by the sign erected on or along the roadway.

   (2) A "one-way" sign R4, R4.1, or R4.2 on a road applies to the length of road beginning at the sign and ending at the nearest of the following-

   (a)   a "two-way" sign W212 or W213 on the road;

   (b)   a "keep left" sign R103 or a "keep right" sign R104 on the road;

   (c)   another sign or road marking on the road that indicates that the road is a two-way road; or

   (d)   if the road ends at a T-intersection or at a crossroad.

 

36.   No entry and cul-de-sac roads

   (1) A driver shall not drive past a "no entry" sign R3.

   (2) Where, considering the circumstances, it is reasonable and safe to do so, a person driving an emergency vehicle may in action do one or more of the following-

   (a)   drive the vehicle past the "no entry" sign;

   (b)   proceed past a traffic sign indicating an "ending road"; or

   (c)   contravene any provision that is prescribed by any law.

PART V
Overtaking and passing (regs 37-42)

 

37.   Following other vehicle

   (1) A person driving a vehicle shall not drive the vehicle so as to follow another vehicle more closely than is reasonable and prudent having regard to the following-

   (a)   the speed of the vehicles;

   (b)   the amount and nature of traffic on the roadway; and

   (c)   the condition of the roadway.

   (2) A person driving a vehicle in a funeral procession, convoy or motorcade on a roadway shall leave sufficient space between that persons vehicle and the other vehicles in the convoy or motorcade so as to enable a vehicle to enter and occupy that space without danger.

 

38.   Overtaking

   (1) A person driving a vehicle shall not, unless a traffic sign otherwise directs or permits, drive the vehicle so as to overtake or attempt to overtake another vehicle travelling in the same direction-

   (a)   when proceeding uphill or downhill;

   (b)   when proceding on a curve in the roadway;

   (c)   when approaching within 50 metres of or travelling across a railway level crossing;

   (d)   when there is not a clear view of any approaching traffic; or

   (e)   when it is not safe to overtake.

   (2) Subregulation (1) does not apply where-

   (a)   there are two or more traffic lanes on the same side of the centre line for vehicles proceeding in the same direction; or

   (b)   a person driving a vehicle and intending to pass an obstacle can do so by continuing to drive the vehicle on the left side.

   (3) Notwithstanding subregulation (1), where a curve or grade on a roadway is divided into traffic lanes by a broken dividing line, or by a broken dividing line and a continuous dividing line existing together, a person driving a vehicle may drive the vehicle past another vehicle on the curve or grade if that person drives the vehicle so as to cross the continuous dividing line from the lane next to which the broken dividing line is located.

   (4) A "no overtaking" sign R214 on a road applies to the length of road (including a length of road on a bridge) beginning at the sign and ending-

   (a)   if the information on or with the sign indicates a distance, at that distance past the sign; or

   (b)   at an end of "no overtaking" sign R214-601 or end of any restriction sign R601 on the road.

   (5) A driver of a vehicle with a GVM of over 3.5 t shall not overtake a vehicle travelling in the same direction when a "no overtaking for vehicles exceeding 3.5 t" sign R215 applies.

   (6) A driver of a vehicle with a GVM of over 7.5 t shall not overtake a light vehicle with less than 3.5 t travelling in the same direction when a "no overtaking for heavy trucks over 7.5 t" sign R215-IN532 applies.

   (7) A "no overtaking" sign R215 on a road applies-

   (a)   to the length of road, including a length of road on a bridge, beginning at the sign and ending with sign R215-601; or

   (b)   if the information on or with the sign indicates a distance, at that distance past the sign.

 

39.   Passing a parked vehicle or other obstruction

   A person driving a vehicle shall not drive the vehicle so that the vehicle or any portion of the vehicle is to the right of the centre line of the roadway while passing a parked vehicle or an obstruction unless-

   (a)   the view along the right side is unobstructed; and

   (b)   the right side is free of any oncoming traffic for a sufficient distance to permit the passing to be completely made without interfering with the safe operation of another vehicle.

 

40.   Overtaking on the right

   Subject to regulation 42, a person driving a vehicle that is overtaking another vehicle-

   (a)   shall, at a safe distance, overtake to the right of that other vehicle;

   (b)   shall not return the overtaking vehicle to the left side of the roadway until safely clear of the overtaken vehicle; and

   (c)   shall not overtake a vehicle to the left of the vehicle unless-

      (i)   the driver is driving on a multi-lane road and the vehicle can be safely overtaken in a marked lane to the left of the vehicle,

      (ii)   the vehicle is positioning for turning right or making a U-turn from the centre of the road, or

      (iii)   is giving a right change of direction signal; and

   (d)   shall not overtake to the right of a vehicle, if the vehicle in front has signalled his intention for turning right, or making a U-turn.

   (2) Except when overtaking on the right is permitted, a person driving a vehicle that is being overtaken by another vehicle shall-

   (a)   give precedence in favour of the overtaking vehicle; and

   (b)   not increase the speed of the overtaken vehicle until the overtaking vehicle has completely passed the vehicle being overtaken.

 

41.   Overtaking on the left

   (1) A person driving a vehicle may drive the vehicle so as to overtake on the left of another vehicle-

   (a)   when the vehicle being overtaken is signalling a right turn or the person driving the overtaken vehicle has signalled that person's intention to make a right turn; or

   (b)   in the case of a one-way street, where the roadway-

      (i)   is of sufficient width for two or more lanes of moving traffic, and

      (ii)   is free from obstructions within a built-up area in multi-lane traffic.

   (2) Where a roadway has two or more traffic lanes on the same side of the centre line for vehicles travelling in the same direction, a person driving a vehicle that is-

   (a)   overtaking another vehicle travelling in the same direction may overtake in a built-up area on the left of the other vehicle only if there is a traffic lane available for overtaking on the left of the traffic lane being used by the vehicle being overtaken; or

   (b)   being overtaken by another vehicle travelling in the same direction shall keep the vehicle being overtaken in the traffic lane in which that person is driving so as to allow the overtaking vehicle free passage in the traffic lane to the left or the right of the traffic lane in which the vehicle being overtaken is travelling.

 

42.   Restriction on overtaking

   Notwithstanding the provisions of this Part, a person driving a vehicle shall not drive the vehicle so as to overtake or attempt to overtake another vehicle-

   (a)   by driving off the roadway;

   (b)   by driving in a parking lane; or

   (c)   when the action of overtaking cannot be made safely.

PART VI
Turns (regs 43-48)

 

43.   Left turn

   (1) A driver turning left at an intersection from a road except a multi-lane road shall approach and enter the intersection from as near as practicable to the far left side of the road.

   (2) If there is a "left turn only" sign R108 at an intersection, a driver shall turn left at the intersection.

   (3) A driver shall, for the purposes of making a left turn with a vehicle from a two-way roadway onto another two-way roadway-

   (a)   drive the vehicle as closely as practicable to the left kerb or edge of the roadway while approaching the intersection;

   (b)   turn the vehicle to the left at the intersection; and

   (c)   leave the intersection on completing the turn by driving the vehicle as closely as practicable to the left kerb or edge of the roadway then entered,

      unless a traffic control device otherwise directs or permits.

   (4) A driver shall, for the purposes of making a left turn with a vehicle when entering or leaving a one-way street, drive the vehicle as closely as practicable to the left kerb or edge of the road way unless a traffic control device otherwise directs or permits.

   (5) Where a roadway or dual-carriageway is divided into traffic lanes, a person driving a vehicle shall, when approaching an intersection and intending to make a left turn with the vehicle, drive the vehicle into the traffic lane nearest to the left side of the roadway at least 50 metres before reaching that intersection.

   (6) A driver may approach and enter the intersection of a roadway from the marked lane next to the left lane as well as, or instead of, the left lane if-

   (a)   the drivers vehicle, together with any load or projection, is 7.5 metres long, or longer; and

   (b)   the driver can safely occupy the next marked lane and can safely turn left at the intersection by occupying the next marked lane, or both lanes.

   (7) A driver shall, if he or she is turning left at an intersection and there is a road marking indicating how the turn is required to be made, make the turn as indicated by the road marking.

   (8) When a traffic lane is marked by a traffic sign R209 prohibiting a turn to the left, a person driving a vehicle travelling in that traffic lane and approaching the traffic sign shall not make the turn that is prohibited by the sign.

 

44.   Right turn

   (1) A person driving a vehicle shall, where there is a "right turn only" sign R109 at an intersection, turn right at the intersection.

   (2) A driver turning right at an intersection from a road except a multi-lane road shall, unless a traffic control device otherwise directs or permits-

   (a)   drive the vehicle to the right side, as closely as practicable to the right centre line of the roadway while approaching the intersection;

   (b)   turn the vehicle to the right at the intersection; and

   (c)   leave the intersection on completing the turn by driving the vehicle to the left side of the centre line of the roadway then entered.

   (3) A person driving a vehicle shall, for the purpose of making a right turn with a vehicle from a two-way roadway onto another two-way roadway, unless a traffic control device otherwise directs or permits-

   (a)   drive the vehicle to the right side, as closely as practicable to the kerb or edge of the two-way roadway where it enters the intersection;

   (b)   turn the vehicle to the right at the intersection; and

   (c)   stay in the lane until it is safe to go back to the left side of the two-way roadway entered.

   (4) A person driving the vehicle shall, for the purpose of making a right turn with a vehicle from a one-way street onto a dual-carriageway, and unless a traffic control device otherwise directs or permits-

   (a)   drive the vehicle as closely as practicable to the right side of the one-way street where it enters the intersection;

   (b)   turn the vehicle to the right at the intersection; and

   (c)   leave the intersection on completing the turn by driving the vehicle to the right of the centre line of the dual carriageway entered.

   (5) A person driving a vehicle shall, for the purpose of making a right turn with a vehicle from a one-way street onto another one-way street, unless a traffic control device otherwise directs or permits-

   (a)   drive the vehicle as closely as practicable to the right side of the one-way street where it enters the intersection;

   (b)   turn the vehicle to the right at the intersection; and

   (c)   leave the intersection on completing the turn by driving the vehicle as closely as practicable to the right side of the other one-way roadway entered.

   (6) A person driving a vehicle that is approaching an intersection and who is intending to turn right with the vehicle shall, wherever practicable, drive the vehicle into the position required by this regulations at least 50 metres before reaching that intersection.

   (7) A person driving a vehicle may approach and enter an intersection from the marked lane next to the right lane as well as the right lane if-

   (a)   the driver's vehicle, together with any load or projection, is 7.5 metres long, or longer; and

   (b)   the driver can safely occupy the next marked lane and can safely turn right at the intersection by occupying the next marked lane, or both lanes.

   (8) If there is a road marking indicating how a turn is required to be made, a person driving a vehicle shall make the turn as indicated by the road marking.

   (9) If there is no road marking indicating how the turn is required to be made, a person driving a vehicle shall make the turn so that the driver passes as near as practicable to the right of the centre of the intersection.

   (10) When a traffic lane is marked by a traffic sign R210 prohibiting a turn to the right, a person driving a vehicle travelling in that traffic lane and approaching the traffic sign shall not make the turn that is prohibited by the sign.

 

45.   Directional arrows

   (1) When a traffic lane is marked by a traffic sign showing a directional arrow or arrows with or without accompanying words, a person driving a vehicle travelling in that traffic lane shall make only the movement indicated or permitted by the traffic sign at the intersection or any other place to which the traffic sign applies.

   (2) When a traffic sign prescribes a turn, a person driving a vehicle travelling in that traffic lane and approaching the traffic sign shall make the turn only as indicated by the sign.

   (3) A person driving a vehicle that approaches an overhead traffic sign showing a downward pointing illuminated green arrow symbol LS30 marking the traffic lane in which the vehicle is travelling, may continue to drive the vehicle in that traffic lane.

   (4) A person driving a vehicle that approaches a traffic control device showing an illuminated overhead red X symbol LS32 marking the traffic lane in which the vehicle is travelling, shall not drive the vehicle into or continue to drive the vehicle in that traffic lane.

   (5) A person driving a vehicle that approaches an overhead traffic sign showing a downward pointing illuminated yellow arrow symbol LS31 marking the traffic lane in which the vehicle is travelling, shall leave the lane as soon as possible in the direction indicated by the arrow.

 

46.   Traffic lane arrows

   (1) If a person driving a vehicle is driving in a marked lane at an intersection except a roundabout and there are traffic lane arrows applying to the lane, the driver shall drive in one of those directions.

   (2) This regulation does not apply to a person driving a vehicle if the arrows indicate a direction to the right whether or not they also indicate another direction and the driver is making a permitted U-turn at the intersection.

 

47.   U-turn

   A person driving a vehicle shall not-

   (a)   on a curve; or

   (b)   on the approach to or near the crest of a grade,

      turn the vehicle so as to proceed in the opposite direction if a person driving another vehicle that is approaching a sign (R213-R600-IN537) within 200 metres from either direction cannot see the vehicle.

 

48.   Making a U-turn at an intersection

   A driver shall not make a U-turn, R213 at an intersection with or without traffic lights unless directed otherwise.

PART VII
Reversing (regs 49-50)

 

49.   Reversing to be done in safety

   A person driving a vehicle shall not drive the vehicle in reverse unless the movement can be made safely without interfering with other traffic on the roadway.

 

50.   Prohibition of reversing

   (1) A person driving a vehicle in a built-up area shall not drive the vehicle in reverse so that the vehicle or any portion of the vehicle enters into or is in motion in reverse within an intersection or crosswalk.

   (2) A person shall not reverse a vehicle further than necessary.

   (3) A person driving a vehicle on a freeway shall not drive the vehicle in reverse at any time.

PART VIII
Yielding and stopping (regs 51-59)

 

51.   Giving way at intersections

   Except as otherwise provided in these Regulations, when two or more vehicles approach or enter an intersection from different roadways at approximately the same time, the driver shall give way to any vehicle approaching from the right, unless a "stop" sign R1 with a "stop-line" RTM1, "give-way" sign R2 or traffic signals LS1 to LS3 applies to the driver of the approaching vehicle.

 

52.   Stopping before entering a roadway

   (1) A person driving a vehicle that is about to enter-

   (a)   a public roadway or street from another road; or

   (b)   an alley from another road,

shall, unless the intersection of the two roadways is marked with a "stop" sign R1, bring the vehicle to a stop before entering the intersecting roadway and at a point no further than the viewing line from the intersecting roadway or in the case where there is-

      (i)   a marked crosswalk, on the near side of the intersection, immediately before entering on the crosswalk, or

      (ii)   a marked stop line, on the near side of the intersection, at the stop line RTM1-R1 with the vehicles front bumper on the stop line or as near as practicable on the stop line.

   (2) Notwithstanding subregulation (1), a person driving a vehicle that is-

   (a)   emerging from an alley or driveway shall-

      (i)   stop the vehicle before driving onto a sidewalk or a vehicle crossway over a sidewalk, and

      (ii)   yield the right of way to any pedestrian on the sidewalk or the vehicle crossway over the sidewalk;

   (b)   entering an alley or driveway shall yield the right of way to any pedestrian on a sidewalk or a vehicle crossway over a sidewalk.

 

53.   Stop sign

   (1) A person driving a vehicle that is about to enter onto a roadway from another roadway that is marked by a "stop" sign R1 together with "all-way-stop" sign R1.4 shall bring the vehicle to a complete stop-

   (a)   before entering on the intersecting roadway and at a point no further than the viewing line from the intersecting roadway; or

   (b)   in the case where there is-

      (i)   a marked crosswalk on the near side of the intersection, immediately before entering on the crosswalk, or

      (ii)   a marked stop line together with R1 and R1.3 or R1 and R1.4 on the near side of the intersection, with the front bumper of the vehicle at the stop line, and yield the right of way to the vehicle that reached the intersection first (first-in-first-away).

   (2) A driver approaching a "hand-held stop" sign R1.5A shall stop before reaching the sign.

   (3) The driver under subregulation (2) shall not proceed until the holder of the hand sign-

   (a)   no longer displays the sign R1.5A towards the driver; or

   (b)   indicates to the driver displaying a "hand-held-green" sign R1.5B that the driver may proceed.

 

54.   Right of way

   When a person driving a vehicle is required to stop the vehicle pursuant to regulations 57 or 58, that person shall-

   (a)   not cause the vehicle to proceed until the condition of the traffic on the roadway being entered on is such that the vehicle can enter onto the roadway safely;

   (b)   yield the right of way to all vehicles coming from the right-hand side and pedestrians approaching that persons vehicle and that are on the roadway being entered; or

   (c)   yield to the right and left if entering a priority road.

 

55.   Yield sign

   A person driving a vehicle that is about to enter onto a roadway that is marked by a "yield" sign R2, may not stop the vehicle before entering onto the roadway but that person shall yield to pedestrians and to all vehicles coming from the right-hand side unless otherwise stated.

 

56.   Entering a roundabout

   A driver entering a roundabout shall-

   (a)   give way to traffic already on the roundabout approaching from the right-hand side; and

   (b)   yield at the roundabout at each entrance to traffic approaching from the right-hand side.

 

57.   Entering and leaving a roundabout from a multi-lane road

   (1) A driver entering a roundabout from a multi-lane road, or a road with two or more lines of traffic travelling in the same direction as the driver, shall enter the roundabout circle in accordance with this regulation.

   (2) If the driver is to leave the roundabout turning right or going back, the driver shall enter the roundabout from the right marked lane or right lane of traffic and continue in the right-hand lane when leaving the lane until it is safe to change from the right lane to the left lane.

   (3) If the driver intends to proceed straight through the roundabout, the driver shall enter the roundabout from any marked lane or line of traffic and continue in the same lane when leaving.

   (4) Contrary to subregulations (2) and (3), if the driver is entering a roundabout from a marked lane or there are traffic lane arrows applying to the lane, the driver shall-

   (a)   if the arrows indicate a single direction, drive in that direction after entering the roundabout; or

   (b)   if the arrows indicate two or more directions, drive in one of those directions when entering and continuing in the same lane when leaving the roundabout.

   (5) A driver entering a roundabout and leaving the roundabout turning left shall, give a "turning left" signal when entering a roundabout until the driver has reached and entered the intended road.

   (6) A driver entering a roundabout intending to turn right or going back shall signal to the right and maintain the same lane but shall, shortly before leaving the roundabout signal to the left.

   (7) A driver intending to drive straight shall not give a signal when entering the traffic roundabout but shall signal to the left shortly before leaving the roundabout and remain in the same lane until it is safe to go back to the left lane.

 

58.   Yielding at a pedestrian crossing or crosswalk

   (1) A person driving a vehicle approaching a pedestrian crossing or crosswalk shall drive at a speed at which the driver can, if necessary, stop safely before crossing the pedestrian crossing or sidewalk.

   (2) A person driving a vehicle shall yield the right of way to a pedestrian crossing the roadway within a marked pedestrian crossing IN5.

   (3) Where a vehicle is stopped at a pedestrian crossing/crosswalk to permit a pedestrian to cross the roadway, a person driving any other vehicle that is approaching the stopped vehicle from the rear shall not overtake or pass the stopped vehicle.

   (4) A person driving a vehicle has a right of way over pedestrians at any place on a roadway other than at a pedestrian crossing, unless otherwise directed by a police officer or a traffic control device.

   (5) Nothing in subregulation (4) relieves a person driving a vehicle from the duty of exercising due care and attention for the safety of pedestrians.

 

59.   Railway level crossing

   (1) Where a railway train is approaching a railway crossing, a person driving a vehicle that is approaching the railway crossing W403 or W404 shall-

   (a)   stop at the stop line or if there is no stop line, at the "stop" sign R1; and

   (b)   give way to any train or tram on or approaching the crossing.

   (2) A driver at a level crossing with a "give way" sign R2 mounted below a railway crossing W403/W405 or give way line RTM2 shall give way to any train or tram approaching or entering the crossing.

   (3) A person driving a vehicle shall not enter a level crossing, if-

   (a)   twin red lights or rotating red lights LS22 or LS20 are operating or warning bells are ringing;

   (b)   a gate, boom or barrier W367 is closed or is opening or closing;

   (c)   a train or tram can be seen approaching the crossing or is sounding a warning and there would be a danger of collision with the train or tram; or

   (d)   the driver cannot drive through the crossing, or a road beyond the crossing is blocked.

   (4) A driver who enters a level crossing shall leave the level crossing as soon as the driver can do so safely.

   (5) Subregulation (1) does not apply when a police officer otherwise directs.

   (6) A person driving a vehicle shall not, in respect of a railway crossing that is located on a roadway-

   (a)   in a built-up area and that is controlled by a traffic control device, park the vehicle within 5 metres of the nearest railway crossing sign; or

   (b)   outside a built-up area and that is controlled by a traffic control device, park the vehicle within 50 metres of the nearest railway crossing sign.

PART IX
Stopping, waiting and parking (regs 60-82)

 

60.   No stopping or waiting on a length of road

   A person driving a vehicle shall not, other than on a road shoulder, deliberately stop and wait on a length of road or in an area to which "no stopping" sign R217 applies, unless-

   (a)   the vehicle is broken down and can not be removed immediately from the roadway; or

   (b)   ordered to stop by a police officer or flag person.

 

61.   No parking, etc. on a length of road

   (1) A person driving a vehicle shall not, other than on a road shoulder, deliberately park on a length of road or in an area to which "no parking" sign R216 applies, unless the driver is dropping off, or picking up passengers or goods;

   (2) For the purposes of this regulation, a vehicle which is deliberately stopped for more than three minutes ends up as a parked vehicle.

 

62.   No stopping on a road with a continuous edge line

   A person driving a vehicle shall not stop a vehicle at the side of a road marked with a continuous red RM12, yellow RM11 or white RM17 edge line.

 

63.   Stopping in or near an intersection

   A person driving a vehicle shall-

   (a)   not stop or drive over a painted island at an intersection;

   (b)   not stop on a road within 5 metres in a built-up area from the nearest point of an intersecting road at an intersection with traffic lights, unless the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to park at that place; and

   (c)   not stop on a road within 50 metres outside built-up area from the nearest point of an intersecting road at an intersection without traffic lights, unless the driver stops-

      (i)   at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop, or

      (ii)   along the side of the continuing road at the intersection if the intersection is a T-junction.

 

64.   Stopping on or near a pedestrian crossing

   A person driving a vehicle shall not stop at a pedestrian crossing that is not at an intersection, or on the road within 5 metres in a built-up area and within 50 metres outside a built-up-area before the pedestrian crossing unless the driver stops at a place on the length of road, or in an area, to which a parking control sign R305-P applies and the driver is permitted to stop.

 

65.   Stopping on or near a railway level crossing

   A person driving a vehicle shall not stop on a level crossing, or on a road within 5 metres in a built-up area and 50 metres outside a built-up area before the nearest stop sign or rail crossing track to the driver approaching the crossing and after the nearest rail or track to the driver leaving the crossing, unless the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop.

 

66.   Stopping on a freeway

   (1) A person driving a vehicle shall not stop on a freeway or dual carriageway unless-

   (a)   the driver stops in an emergency stopping lane; or

   (b)   the drivers vehicle is permitted to stop on the freeway under any other written law.

   (2) A "freeway" sign R401 or R402 on a road applies to a length of road beginning at the sign including any road into which the length of road merges and ending at the next end of freeway sign including exit signs R401-600 or R402-600.

 

67.   Stopping in a loading zone

   (1) A person driving a vehicle shall not stop in a" zig-zag zone" RM11 unless the driver is driving-

   (a)   a public bus that is dropping off, or picking up passengers;

   (b)   a vehicle that is permitted to stop in the zig-zag zone under any written law; and

   (c)   within 15 metres before and 15 metres after the sign on the road that indicates a bus stop IN 16, unless the driver stops at a place on a length of road, or in an area, to which a parking control marking applies and the driver is permitted to stop.

   (2) A person driving a vehicle who is permitted to stop in a zig-zag-zone shall not stay continuously in the zone longer than necessary, unless the information on or with the "zig-zag zone" sign RM11 indicates a specific time sign IN501-IN504.

 

68.   Stopping in a goods vehicle zone

   A person driving a vehicle shall not stop in a goods vehicle zone IN 314-P unless the driver is driving-

   (a)   a goods vehicle that is dropping or picking up goods; or

   (b)   a vehicle that is permitted to stop in the goods vehicle zone under any other written law.

 

69.   Parking in a special marked area

   (1) A person driving a vehicle shall not park in a bus parking area IN301, midi bus parking area IN311 , minibus parking area IN310, taxi parking area IN309, physically disabled parking area IN323 or police parking area IN322 unless the driver is driving the prescribed or special marked vehicle.

   (2) A bus, midi bus or minibus lane applies for a length of a road to which "bus, midi bus or minibus" R134-R139 signs apply.

 

70.   Driving and stopping in a reserved lane

   A person driving a vehicle shall not stop or drive in a reserved lane for public buses R405-R or bicycles R406-R, unless the driver-

   (a)   is driving a public bus, minibus or taxi, and is dropping off or picking up, passengers; or

   (b)   is permitted to drive in the lane under any other written law.

 

71.   Stopping on a bridge or in a tunnel, etc.

   A person driving a vehicle shall not stop on a bridge W370, close to a riverbank W348, causeway, ramp or similar structure W327 unless-

   (a)   the road is at least as wide on the structure as it is on each of the approaches; or

   (b)   the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop.

   (2) A person driving a vehicle shall not stop in a tunnel W319 or underpass unless-

   (a)   the tunnel or underpass is equipped with sufficient air supply; or

   (b)   a photo-cell controls the maximum number of vehicles driving through the tunnel.

 

72.   Stopping on crest or curve outside a built-up area

   A person driving a vehicle shall not stop on or near a crest W322 or W323 or curve sign W202-W207 on a length of road outside a built-up area unless-

   (a)   the drivers vehicle is visible for half range of vision to drivers approaching the vehicle and travelling in the direction of travel of traffic on the same side of the road as the vehicle; or

   (b)   the driver stops at a place to which a parking control sign applies and the driver is permitted to stop.

 

73.   Stopping at or near bus stop

   A person driving a vehicle except the driver of a public bus shall not stop or park at a bus rank or on the road within 15 metres before and 15 metres after the sign GD25 on the road that indicates the bus stop, unless the driver of the vehicle has a break-down or a police officer is directing the driver to stop.

 

74.   Stopping on roads by heavy motor vehicles

   (1) A person driving a vehicle over 3.5t GVM shall not stop on a length of road that is not in a built-up area, except on the shoulder of the road.

   (2) A person driving a heavy motor vehicle shall not stop on a length of road in a built-up area for longer than necessary, unless the driver is permitted by a road marking RM7 to stop for a specified time.

 

75.   Stopping in a parking area for people with disabilities

   A person driving a vehicle shall not park in an area RM16 specially designated for people with disabilities IN 323-P unless-

   (a)   the driver's vehicle is marked with a round blue and white badge issued to people with disabilities by the Director; and

   (b)   the driver holds a driving licence endorsed with a restriction for disability.

 

76.   Parking outside a built-up area

   (1) A person driving a vehicle shall not park on a priority roadway IN1 or shoulder of a road outside a built-up area, except where-

   (a)   the vehicle is incapable of moving under its own power;

   (b)   an emergency arises; or

   (c)   the law otherwise permits.

   (2) Notwithstanding this regulation, a person driving a vehicle-

   (a)   in the case of a vehicle operated by a construction service for purposes of construction, repair, maintenance or inspection of public service facilities, that are located adjacent to, along, over or under the public road:

      Provided that-

      (i)   the sign W365 or other construction warning signs prescribed in regulation 5 are displayed,

      (ii)   there is a worker wearing reflective clothes and displaying the hand-operated "Stop and Go" sign R1.5A and R1.5B; and

   (b)   in the case of a pilot or tail vehicle escorting an abnormal or over- dimensional vehicle IN572 on a public road, may park the escorting vehicle or tail vehicle on the roadway while that person performs the duties with respect to the movement of such a vehicle.

 

77.   Parking restrictions

   A person driving a vehicle not exceeding 3.5t GVM shall not park on a roadway, unless-

   (a)   required or permitted by any other written law or a traffic control device;

   (b)   in compliance with a direction given by a police officer;

   (c)   avoiding conflict with other traffic;

   (d)   in the case of a built-up area he or she parks at the following locations-

      (i)   on a sidewalk or boulevard,

      (ii)   on a crosswalk,

      (iii)   within an intersection other than immediately next to the kerb in a T-intersection,

      (iv)   at an intersection within five metres from the projection of the corner property line immediately ahead or immediately to the rear, except when the vehicle is parked in a space where a parking meter or other traffic control device indicates parking is permitted,

      (v)   in the case of an approach to a stop sign R1 or yield sign R2, within 5 metres from the stop sign or yield sign,

      (vi)   within 5 metres from any fire hydrant, or when the hydrant is not located at the kerb and within 5 metres from the point on the kerb nearest the hydrant,

      (vii)   within 1.5 metres from an access to a garage, private road or driveway or a vehicle crossway over a sidewalk,

      (viii)   within 5 metres in front of a marked crosswalk,

      (ix)   alongside or opposite any street excavation or obstruction when the stopping or parking would obstruct traffic,

      (x)   on any bridge or in any subway or on the approaches to either of them,

      (xi)   at any place where a traffic control device prohibits parking, during the times parking is so prohibited,

      (xii)   on the roadway side of a vehicle that is parked at the kerb or edge of the roadway,

      (xiii)   at or near the side of any fire, accident or other emergency, if stopping or parking would obstruct traffic or hinder emergency vehicles or police officers, firemen, ambulance drivers or assistants or rescue officers or volunteers, or

      (xiv)   if a public road is divided into two or more roadways by a boulevard, ditch or other physical barrier, on that portion of the road that is to the right of the yellow line except in an emergency situation where the vehicle is disabled and it is not practicable to move the vehicle to the far left side of the roadway.

 

78.   Parallel parking

   When parking a vehicle on a two-way roadway, a person shall only park a vehicle with-

   (a)   the sides of the vehicle parallel to the far left side of the kerb or edge of the roadway;

   (b)   the left wheels of the vehicle not less than 500 mm from the left kerb GM8 or edge of the roadway;

   (c)   the vehicle facing in the direction of travel of vehicles in the marked lane or line of traffic on or next to the part of the road where the driver parks; or

   (d)   in the case of a one-way street R4-A, R4-B or R4-C where parking on either side is permitted, with-

      (i)   the sides of the vehicle parallel to the far left or far right side of the kerb or edge of the roadway,

      (ii)   the vehicle facing in the direction of travel authorised for the roadway.

   (2) Notwithstanding subregulation (1), a person may park a motor cycle R307-P at an angle, other than perpendicular, to the kerb or edge of the roadway, with-

   (a)   a wheel of the motor cycle not less than 500 mm from the kerb or edge of the roadway; and

   (b)   the motorcycle angled in the direction of travel authorised for the traffic lane that is adjacent to the lane on which the motorcycle is parked.

   (3) Subregulation (1) does not apply where angle parking is required.

 

79.   Angle parking

   (1) If a driver parks in a parking area on the side of a road, or in a median strip parking area, to which a parking control sign or road marking applies, and information on or with the sign or road marking RM6 includes the words "angle parking" or "angle", the driver shall position the vehicle in accordance with subregulations (2) to (4).

   (2) If the information on or with the parking control sign or road marking indicates that the vehicle is to be positioned at an angle of 45°, or does not indicate another angle, the driver shall position his or her vehicle-

   (a)   so that the vehicle is at an angle as near as practicable to 45°; or

   (b)   if the vehicle is parked on the side of the road, with the rear of the vehicle nearest to traffic in the marked lane or line of traffic next to the part of the road where the driver parks.

   (3) If the information on or with the parking control sign or road marking indicates that the vehicle is to be positioned at an angle of 90°, the driver-

   (a)   shall position his or her vehicle so that the vehicle is at an angle as near as practicable to 90°; and

   (b)   if the vehicle is parked on the side of the road, it shall be parked with its front as near as possible to the marked lane or line of traffic next to the part of the road where the driver parks.

   (4) If the information on or with the parking control sign or road marking indicates that the vehicle is to be positioned at an angle of 135°, the driver shall position his or her vehicle-

   (a)   so that the vehicle is at an angle as near as practicable to 135°; and

   (b)   if the vehicle is parked on the side of the road, then it shall be parked with its front as near as possible to the marked lane or line of traffic next to the part of the road where the driver parks.

   (5) This regulation does not apply to the rider of a motor cycle.

 

80.   Waiting and parking on a hill

   A person driving a vehicle shall not park a vehicle and leave it unattended to on any gradient W322 or W323 slope without-

   (a)   turning the front wheels of the vehicle towards the nearest kerb or edge of the roadway in such a manner as to impede any movement of the vehicle; and

   (b)   effectively setting the vehicles parking brake or other mechanism with which the vehicle is equipped that is designed to hold the vehicle in a stationary position while the vehicle is unattended to.

 

81.   Vehicle on jacks

   A person shall not leave a vehicle unattended to on a public road if-

   (a)   the vehicle is on a jack or a similar device; or

   (b)   one or more wheels have been removed from the vehicle or part of the vehicle is raised.

 

82.   Stationary vehicles at night

   A person shall not permit a vehicle to be stationary on a roadway outside a built-up area at any time at night or when, due to insufficient light or unfavourable atmospheric conditions, objects are not clearly discernible on the roadway at a distance of at least 250 metres ahead, unless-

   (a)   the tail lamps of the vehicle are alight;

   (b)   the vehicle is equipped with reflectors that are of a type approved and that reflect the lights of a motor vehicle approaching the stationary vehicle from the rear; or

   (c)   the vehicle hazard warning lamps are alight.

PART X
Merging (regs 83-84)

 

83.   Entering a roadway

   A person who is about to drive a vehicle onto an intersecting roadway from another road that is marked by a "merge sign" GS400 series, may not stop the vehicle before driving the vehicle onto the intersecting roadway but shall take all necessary precautions and merge the vehicle safely with the traffic on the intersecting roadway.

 

84.   Allowing merging

   A person driving a vehicle on a roadway near the intersection of another roadway or marked by a "merge" sign W111, W112, W116, W214 or W215 shall take all reasonable precautions to allow a merging vehicle to enter in safety onto the roadway on which the merging is to take place.

PART XI
Traffic lights (regs 85-92)

 

85.   Green traffic lights

   (1) A person driving a vehicle may, at an intersection where a green disc light is shown by a traffic signal LS1-

   (a)   drive straight through the intersection;

   (b)   drive into the intersection and on entering the intersection turn the vehicle left or right, subject to any sign or signal prohibiting a left turn R209 or right turn R210, or both or designating which turning movement is permitted, but shall yield the right of way;

   (c)   give way to any pedestrians that are within the intersection or an adjacent crosswalk t the time that the green light is shown; and

   (d)   give way to any other vehicle that is within the intersection at the time that the green light is shown.

   (2) A person driving a vehicle may, when approaching a green arrow LS5 shown by a control signal at an intersection-

   (a)   drive the vehicle into the intersection; and

   (b)   shall make only the movement that is indicated by the green arrow and yield the right of way to any-

      (i)   pedestrians that are within the intersection or within an adjacent crosswalk, and

      (ii)   other vehicle that is within the intersection.

   (3) A person driving a vehicle shall, when approaching an intersection and facing a green disc light which is shown at the same time with a co-ordinated traffic sign GD29, drive cautiously through the intersection and continue driving at the speed indicated in the sign.

   (4) A person driving a vehicle that is facing the flashes of a green light at an intersection where flashes of a green arrow are shown by a traffic control signal LS6, has the right of way over any vehicles which are facing that person from across the intersection.

   (5) The person referred to in subregulation (4) may drive the vehicle-

   (a)   into the intersection and on entering the intersection turn right while the light is flashing; or

   (b)   only on arrow direction through the intersection or turn left while the light is flashing, but shall yield the right of way to any-

      (i)   pedestrians that are within the intersection or within an adjacent crosswalk at the time the flashing green light is shown, and

      (ii)   other vehicles that are within the intersection at the time the flashing green light is shown.

 

86.   Yellow traffic lights

   (1) When, at an intersection a flashing yellow disk light LS1 is shown by a traffic control signal, a person driving a vehicle that is facing the yellow disc shall slow down-

   (a)   and only proceed with caution by yielding the right of way to any pedestrian that is within the intersection or an adjacent crosswalk; and

   (b)   to any other vehicle that is within the intersection.

   (2) A person driving a vehicle shall, when approaching an intersection and facing a yellow arrow shown by a traffic control signal LS2 to the left or right, slow down the vehicle safely before reaching the intersection stop line, if available, and stop th vehicle before entering the marked crosswalk or the intersection stop line, if available.

   (3) When, at an intersection, a yellow arrow pointing downwards is shown by an overhead mounted traffic control device LS3 at the same time with the red arrow, a person driving a vehicle that is approaching the intersection and facing both arrows may get ready for moving off.

   (4) When, at an intersection or other place, rapid flashes of yellow light are shown together with a sign reading or symbol indicating "school", "playground zone", "school crossing", "pedestrian crossing", "pedestrian zone" or other wording or symbol indicating a pedestrian hazard W100 with IN547 and SS3, a person driving a vehicle that is approaching the signal may, with caution, drive the vehicle-

   (a)   across the zone area; or

   (b)   if at a place other than an intersection, past the sign, but when so doing shall-

      (i)   not drive the vehicle across the intersection or past the sign at a speed that is greater than 30 kilometres per hour, and

      (ii)   yield the right of way to any pedestrians that are in the intersection or on the roadway that is in the vicinity of the sign or signal.

 

87.   Red traffic lights

   (1) A person driving a vehicle shall, when approaching an intersection and facing a red light disc LS1 shown by a traffic control signal, stop the vehicle-

   (a)   immediately before the marked crosswalk that is on the near side of the intersection;

   (b)   if there is a stop line, or if there is no stop line or marked crosswalk at or near the traffic light, as near as practicable to the yielding or the viewing line; or

   (c)   not until the red traffic control signal changes to order the driver to get ready for moving off the vehicle-

      (i)   across the marked crosswalk and into the intersection,

      (ii)   across the stop line and into the intersection, or

      (iii)   if there is not any marked crosswalk or stop line, into the intersection.

   (2) Notwithstanding subregulation (1), unless a traffic sign LS11 prohibits any other turning, a person driving a vehicle may turn the vehicle and proceed left or straight at the intersection if that person yields the right of way-

   (a)   to any pedestrians that are in the intersection; and

   (b)   to any vehicle that is in or approaching the intersection.

   (3) Notwithstanding subregulation (1), at the intersection of two one-way streets, a person driving a vehicle may, unless a traffic sign LS11 otherwise directs or prohibits a right turn from being made by a red light arrow, turn the vehicle and proceed right at the intersection, if the driver first stops and yields the right of way-

   (a)   to any pedestrians that are in the intersection; or

   (b)   to any vehicles that are in or approaching the intersection.

   (4) When, at a place other than an intersection, a red light disc is shown by a traffic control signal, a person driving a vehicle that is approaching the signal shall stop the vehicle before reaching the closer of the signal or the nearest crosswalk, if any, that is in the vicinity of the signal.

 

88.   Malfunction of traffic lights

   (1) If a traffic control signal has a malfunction LS4 or is not operating according to standard, a driver and pedestrian shall when crossing the roadway in the vicinity of such traffic control signal, obey the basic right-of-way rule, or if mounted, the traffic signs and proceed only with due care and attention.

   (2) When, at a place other than an intersection, rapid intermittent flashes of red light LS22 is shown by a traffic control signal, a person driving a vehicle that is approaching the signal shall stop the vehicle immediately before reaching the signal, and-

   (a)   shall only proceed when the lights stop flashing; or

   (b)   if there is a railway cross in the vicinity of the signal LS20 or LS23, may drive the vehicle past the signal after the train has passed.

   (3) A person driving a vehicle shall obey the directions given by a police officer directing traffic irrespective of any working traffic light or sign.

 

89.   Pedestrian's hand signals

   (1) When a pedestrian intends to cross a street at a pedestrian crossing IN5, the pedestrian may, before leaving the kerb or edge of the road, indicate the intention to do so by giving a clear hand signal consisting of raising an arm approximately at right angles to the pedestrians body and pointing to the opposite kerb in the direction the pedestrian wishes to walk.

   (2) When a pedestrian has indicated the intention to cross the street in accordance with this regulation, a person driving a vehicle shall stop the vehicle before entering the crosswalk and allow the pedestrian to cross.

 

90.   Pedestrian's green man

   When, at an intersection, a traffic control signal shows a green flashing man light LS101 alone, a pedestrian who is facing the green light may proceed across the roadway within a crosswalk, and has a right of way over all vehicles.

 

91.   Pedestrian's red man

   When, at an intersection, a traffic control signal shows a red flashing man light LS102 alone, a pedestrian who is facing the red light shall not enter the roadway unless the pedestrian is instructed to do so by a police officer.

 

92.   Crossing at traffic lights

   (1) Where a traffic control signal instructs or permits a pedestrian to enter or to proceed across a roadway, the pedestrian, when entering or proceeding to cross the roadway, shall do so-

   (a)   at an intersection, only within a crosswalk sign W307; or

   (b)   at a place other than an intersection in the vicinity of which there is a marked crosswalk RTM3, only within the crosswalk.

   (2) A pedestrian who is waiting for a traffic control signal to change shall not stand on the roadway.

PART XII
Directions by hand to drivers (regs 93-94)

 

93.   Directions by police officer

   (1) A person driving a vehicle shall obey the directions given by a police officer directing traffic irrespective of any working traffic light or sign.

   (2) A hand signal to stop traffic approaching from the front SS1(a) indicates to the driver of a vehicle approaching a traffic officer from the front, who is displaying the signal, that the driver shall stop until the signal to proceed is displayed.

   (3) A hand signal to stop traffic approaching from the rear SS1(b) to indicate to the driver of a vehicle approaching a traffic officer from the front, who is displaying the signal, that the driver shall stop until the signal to proceed is displayed.

   (4) A hand signal to stop traffic approaching from the front or the rear SS1(c) to indicate to the driver of a vehicle, approaching a traffic officer from the front or rear, who is displaying the signal, that the driver shall stop until the signal to proceed is displayed; or

   (5) A hand signal to show traffic to proceed from the left or right SS1(d) or (e) to indicate to the driver of a vehicle that the driver may proceed if a traffic officer displays the signal.

   (6) A pedestrian shall obey the directions of a police officer directing traffic.

 

94.   Directions by hand held sign or flagman

   (1) A person driving a vehicle shall obey the direction given by a person holding a flag.

   (2) A barricade or sign R1.5A is erected on a roadway for the purposes directing traffic in connection with an accident or road construction.

   (3) A "flag signal to stop" SS2(a) indicates to the driver of a vehicle that the driver shall stop until the flag signal to proceed is displayed.

   (4) A "flag signal to proceed" SS2(b) indicates to the driver of a vehicle that the driver shall proceed with care when the flag signal is displayed.

   (5) A "warning flag signal" SS2(c) or 1.5B warns a road user to proceed slowly and to be alert.

PART XIII
Emergency and construction vehicles (regs 95-99)

 

95.   Use of siren and emergency flashing light

   (1) A siren together with an emergency flashing light shall be operated only when the vehicle is being used in response to an emergency, an emergency call or on alarm for the following-

   (a)   blue bar for the police; or

   (b)   red bar for fire brigade, ambulance, rescue and military.

   (c)   a combination of amber, green, blue and red colours that represent the Department corporate colours, for transport inspectors.

   (2) Notwithstanding subregulation (1) the round amber flashing light on the roof, without siren, shall apply in respect of vehicles used for-

   (a)   construction;

   (b)   breakdown service; and

   (c)   any other authorised essential service.

 

96.   Operating and parking emergency vehicles

   (1) A person driving an emergency vehicle may, where he or she considers, in the circumstances, that it is reasonable and safe to do so, do the following-

   (a)   drive the vehicle in excess of any set of speed limit;

   (b)   proceed passed a traffic control light indicating stop or a stop sign without stopping; and

   (c)   contravene any provision of the law.

   (2) A person driving an emergency vehicle, while its siren is operating, has the right of way over all other drivers of vehicles.

   (3) A person driving an emergency vehicle may, where he or she considers the circumstances to be reasonable and safe, park the vehicle while its flashing lights are operating, but without a siren on, contrary to any law regulating the parking of motor vehicles.

   (4) A person driving an emergency vehicle and other personnel of an emergency may, if the circumstances so require, exercise the powers of a police officer under the Act with respect to traffic control and direction to the extent necessary to enable them to efficiently perform their duties.

 

97.   Police vehicles operating without siren

   (1) A police officer or transport inspector driving a vehicle may, in the performance of his or her duties, while not operating the siren of the vehicle, and where he or she considers the circumstances to be reasonable and safe, do the following-

   (a)   drive a vehicle in excess of a speed limit;

   (b)   proceed past a traffic control light indicating stop or any stop sign without stopping; or

   (c)   contravene any other provision regulating the use of roadways.

   (2) A police officer or transport inspector driving a vehicle may, in the performance of his or her duties and where he or she considers the circumstances to be reasonable and safe, park such vehicle, contrary to any provisions of any law.

 

98.   Yielding to vehicle with siren

   (1) When an emergency vehicle with a siren on is overtaking, approaching or meeting other vehicles, the person driving that other vehicle shall, unless otherwise directed by a police officer, yield the right of way to the emergency vehicle.

   (2) A person driving a vehicle shall not, unless otherwise directed by a police officer, follow within 150 metres of an emergency vehicle on which a siren or flashing lights, or both, are operating.

   (3) Subregulation (2) does not apply to a person driving another emergency vehicle on which the siren or flashing lights, or both, are in operation.

 

99.   Road Safety Auditing Team on public roads

   Vehicles used in respect of road traffic safety audit programme carried out under the administration of the Road Safety Auditing Team (RoSAT) may be operated on any portion of a roadway during the time that the vehicles are actually engaged for the purposes of auditing and matters related thereto.

 

100.   Road works

   (1) All road works shall be carried out in a safe manner and with due regard to the need to keep traffic delays to a minimum.

   (2) Road construction companies shall be responsible for warning, informing, directing signs as outlined under regulation 5 and protection of road workers.

   (3) Notwithstanding the provisions of this regulation or any other written law, a driver of any construction vehicle used in respect of roadway construction and maintenance shall use a path R125 specially provided and marked for use by such vehicles.

PART XIV
School buses (regs 101-103)

 

101.   School bus warning plate

   (1) Where a school bus is clearly marked with a warning plate W400 on the left front and on the right rear, a person driving a vehicle that is approaching the school bus shall, when approaching the school bus from the rear, if the school bus is on a roadway that is divided by a median into two separate roadways, slow down and if necessary stop before reaching the school bus.

   (2) After stopping an approaching vehicle pursuant to subregulation (1), the person driving the vehicle shall not proceed to drive the vehicle past the school bus until-

   (a)   the driver of the school bus indicates by a signal that the vehicle may proceed; or

   (b)   the alternately flashing amber lamps on the school bus stop flashing.

 

102.   Hazard flashing lights

   A person driving a school bus shall activate the hazard warning lights, when that person begins to slow down the school bus for the purpose of stopping on the roadway to load or unload passengers.

 

103.   Reversing on school grounds, etc.

   A person driving a school bus shall not drive the school bus in reverse when the school bus is-

   (a)   on a school ground; or

   (b)   at a location adjacent to a school ground at which the school bus is loaded or unloaded,

unless there is a responsible person located outside at the rear of the school bus giving directions with respect to the driving of the school bus in reverse.

 

103A.   Seating capacity for school bus

   (1) For the purposes of these Regulations, a child shall be counted as one person and shall irrespective of age, occupy a seat.

   (2) A school bus shall be presented for a road worthiness examination where the motor vehicle examiner shall determine the number of passengers who can be carried on the school bus.

PART XV
Bicycles (regs 104-108)

 

104.   Rights and duties of bicycle operator

   Unless otherwise provide under any other law, a person who is operating a bicycle on a roadway marked with WM13 has all the rights and is subject to all the duties of a person driving a motor vehicle.

 

105.   Operation of bicycle

   (1) A person who is operating a bicycle on a roadway marked with R111 shall-

   (a)   keep both hands on the handlebars of the bicycle, except when making a signal in accordance with these Regulations;

   (b)   keep both feet on the pedals or foot rests of the bicycle other than when stopped;

   (c)   not ride other than on or astride a regular seat of the bicycle; and

   (d)   not use the bicycle to carry more persons at one time than the number for which the bicycle is designed and equipped.

   (2) A person who is operating a bicycle, other than a motorcycle, on a roadway shall operate the bicycle as near as practicable to the left kerb or edge of the roadway unless that person is in the process of making a right turn with the bicycle.

   (3) Notwithstanding subregulation (2), a person who is operating a bicycle, other than a motorcycle, on a roadway marked with a sign R406 that has shoulders shall-

   (a)   in the case of a roadway that has paved shoulders marked with RM9, operate the bicycle on the left shoulder; or

   (b)   in the case of a roadway that does not have paved shoulders but marked with W309, operate the bicycle as far to the left of the roadway as practicable, unless that person is in the process of making a right turn.

   (4) A person who is riding as a pillion on a bicycle shall-

   (a)   not ride other than on a regular seat of the bicycle that is designed to be used by a pillion; and

   (b)   keep both feet on the footrests provided for the use of the pillion riding on the seat.

 

106.   Travelling a single path

   A person who is operating a cycle on a roadway in the same direction and same traffic lane, except when overtaking or passing another cycle shall-

   (a)   not operate the cycle adjacent to another cycle travelling in the same direction; and

   (b)   in the case of a cycle other than a motorcycle, where more than one cycle is travelling in the vicinity of and in the same direction as another cycle, shall operate the cycle directly in line with and to the rear or front of the other cycle.

 

107.   No bicycle signs and markings

   (1) The rider of a bicycle shall not ride on a length of road or "žfootpath to which a "no bicycles" sign R219, or a no bicycles road marking, applies.

   (2) A "bicycle" sign R111, or a bicycle road marking WM13, applies to a length of road or footpath beginning at the sign or marking and ending at the nearest of the following-

   (a)   a "bicycle path" sign R111 with IN600 or bicycle path road marking;

   (b)   a "bicycle lane" sign R406-R with IN600 sign;

   (c)   a "separated footpath" sign R114 with IN600 or R115 with IN600 or separated footpath road marking;

   (d)   a "shared path" sign R113;

   (e)   a "no entry bicycles" sign R219; or

   (f)   the next intersection.

 

108.   Bicycles used in exhibitions, etc.

   Notwithstanding the provisions of these Regulations or any other written law, sport authorities in liaison with the relevant road and police authorities may, with respect to a roadway under its direction, control and management, permit persons operating bicycles as part of an entertainment show or an exhibition to operate the cycles in a manner permitted by the road authority for the period of time during which the bicycles are actually being used as part of the entertainment show or exhibition.

PART XVI
Pedestrian on public roads (regs 109-113)

 

109.   No pedestrian sign

   No person shall walk past a "no pedestrian" sign, R218 unless the person is a resident or intends to visit a house in such area.

 

110.   Pedestrians on roadway

   (1) Where a sidewalk or path is located beside a roadway, a pedestrian shall-

   (a)   at all times use the designated sidewalk or path R110; and

   (b)   not walk along or remain on the roadway.

   (2) Where there is no sidewalk or path, a pedestrian or a handcart operator who is proceeding along or on a roadway shall at all times proceed only on the side of the roadway or the shoulder of the roadway facing traffic approaching from the opposite direction.

 

111.   Pedestrian crossing roadway

   (1) A pedestrian who is crossing a roadway shall-

   (a)   cross by the shortest safe route and with due despatch; and

   (b)   not stop or loiter while crossing the roadway or otherwise impede the free movement of vehicles and conduct himself in a manner as to or as is likely to constitute a source of danger to himself or to other traffic.

   (2) A pedestrian shall not proceed onto a roadway or proceed along a roadway into the path of any vehicle that is so close that it is impracticable for the driver of the vehicle to yield the right of way.

   (3) Nothing in these Regulations shall be construed to authorise a pedestrian to cross a roadway in a built-up area at a place where any bye-laws prohibit the crossing.

 

112.   Yielding by pedestrian

   (1) A pedestrian who is crossing a roadway at any point other than within a cross path W306 or W307 shall yield the right of way to vehicles on the roadway.

   (2) A pedestrian shall have a right of way at a place where there is a crosswalk IN5, unless otherwise directed by a police officer or a traffic control device.

   (3) Notwithstanding the provisions of this regulation, a pedestrian is not relieved from the duty of exercising due care for his or her own safety.

 

113.   Actions contrary to rules

   Notwithstanding anything in these Regulations, a pedestrian-

   (a)   who is carrying out duties as an employee of the Department of Surveys; or

   (b)   in the employ of a Local Authority or of the owner of a public utility; and who, while in the conduct of those duties, is required to use the roadway or other portions of the freeway contrary to these Regulations or any bye-laws, is not in contravention of this regulation or any bye-laws if adequate advance warning is given of the pedestrians presence on the highway by means of signs, barricades or the use of a person giving directions in respect of the pedestrians presence.

PART XVII
Animals on public roads (regs 114-116)

 

114.   Duty of person riding animal-drawn vehicle

   (1) A person who is riding an animal on a roadway marked with signs R141 or R131 shall-

   (a)   ride the animal in such path as near as practicable to the left kerb or edge of the roadway;

   (b)   not ride the animal adjacent to another animal travelling in the same direction; and

   (c)   where more than one animal is travelling in the vicinity of and in the same direction as another animal, shall ride the animal in single file in relation to the other animal, except when re-assembling the herd in a bona fide parade.

   (2) A person riding an animal shall not enter a roadway marked with R237 or 238.

 

115.   Straying animals

   A person who owns or is responsible for any cattle or other domestic animals shall not let the animals stray unattended to on a public roadway unless the sign W310, W311 or W312 is displayed.

 

116.   Wild animals

   A person driving a motor vehicle which gets involved in an accident with a wild animal on a road marked with the sign W313, W357, W358, W359 or road marking WM 12B shall report the accident to the nearest police station or other road authority.

PART XVIII
Trucks, long vehicles and public service vehicles (regs 117-122)

 

117.   Height limit

   A person driving any vehicle above the permitted height W320 shall, if the vehicle is loaded to a height which could cause a danger to traffic installations or a bridge with W411-

   (a)   obtain a special permit from the road authorities to be escorted before setting off;

   (b)   not proceed past a "height limit" sign R204 indicating a height limit restriction; and

   (c)   stop the vehicle before the "height limit" sign and park the vehicle at the edge of the roadway in order to allow free movement of the traffic.

   (2) In this regulation "vehicle" includes any load carried by the vehicle.

 

118.   Length limit

   A person driving any vehicle exceeding the permitted length W321 shall-

   (a)   obtain a special permit from the road authorities to be escorted before setting off;

   (b)   not proceed past a "length limit" sign R205 indicating a length limit restriction; and

   (c)   stop the vehicle before the "length limit" sign and park the vehicle at the edge of the road in order to allow free movement of the traffic.

 

119.   Width limit

   A person driving any vehicle above the permitted width W360 shall-

   (a)   obtain a special permit from the road authorities to be escorted before setting off;

   (b)   not proceed past a "width restriction" sign R239 indicating the width restriction; and

   (c)   stop the vehicle before the "width restriction" sign and park the vehicle at the edge of the road in order to allow free movement of the traffic.

 

120.   Load limit

   A person driving a vehicle above the permitted actual weight W364 shall-

   (a)   obtain a special permit before setting off, from the road authorities, to be escorted;

   (b)   not proceed past an "actual load limit" sign R202 or indicating a weight limit restriction; and

   (c)   stop the vehicle before the "actual load limit" sign and park the vehicle at the edge of the road in order to allow free movement of the traffic.

   (2) A person driving a vehicle above the permitted axle weight shall-

   (a)   obtain a special permit, from the road authorities, to be escorted before setting off;

   (b)   not proceed past a "load limit per axle" sign R203 indicating a weight limit per axle restriction; and

   (c)   stop the vehicle before the "actual load limit per axle" sign and park the vehicle at the age of the road in order to allow free movement of the traffic.

 

121.   Restrictions on certain vehicles

   (1) A person driving a goods or delivery vehicle shall-

   (a)   not proceed past a "no trucks (goods) vehicle" sign R228 indicating a restriction of entry for those types of vehicles;

   (b)   stop the vehicle before the "no trucks (goods) vehicle" sign R228; and

   (c)   proceed on an alternative route where goods and delivery vehicles are permitted,

unless the driver is permitted to drive the vehicle past the sign under the authority of an auxiliary sign IN532 or IN504.

   (2) A driver of a vehicle exceeding 3.5 t shall maintain a minimum distance from a vehicle of the same category as indicated by the sign R241.

   (3) A person driving a construction vehicle on a public road shall-

   (a)   not proceed past a "no construction vehicle" sign R231 indicating a restriction to construction vehicles;

   (b)   stop the vehicle before the "no construction vehicle" restriction sign; and

   (c)   proceed on an alternative route where construction vehicles are allowed, unless the driver is permitted to drive the vehicle past the sign under the authority of an auxiliary sign.

   (4) A person driving a vehicle conveying dangerous goods shall-

   (a)   be in possession of the correct documentation for the cargo;

   (b)   display the international placards relevant to the cargo at the front and rear of the vehicle as prescribed in the Sixth Schedule;

   (c)   not proceed past a "no dangerous goods" sign R232, R242 or R246 indicating a restriction to those types of vehicles;

   (d)   stop the vehicle before the "no dangerous goods" restriction sign; and

   (e)   proceed on an alternative route marked with the sign R126 where vehicles containing dangerous goods are allowed,

unless the driver is permitted to drive the vehicle past the sign having express exemption issued by a road authority.

   (5) A person driving an abnormal vehicle shall-

   (a)   obtain a special permit from the road authorities to be escorted before setting off;

   (b)   not proceed past a "no abnormal vehicles" sign R233 indicating a restriction to abnormal vehicles;

   (c)   stop the vehicle before the "no abnormal vehicles" restriction sign; and

   (d)   proceed on an alternative route R127 where abnormal vehicles are allowed,

unless the driver is permitted to drive the vehicle past the sign having express exemption issued by a road authority.

 

122.   Restrictions on public service vehicles

   (1) A person driving a bus, shall not proceed past a "no bus" sign R226, R227 or R235 indicating a restriction to buses.

   (2) A person driving a mini-bus, midi-bus or bus in a road where a lane R121, R135, R136 or R129 is provided shall-

   (a)   keep his vehicle wholly within that lane unless the lane is obstructed;

   (b)   return to the reserved lane soon after passing the obstruction as it is safe to do so;

   (c)   not proceed past a "no midi-bus" sign R226 or "no mini-bus" sign R225 indicating a restriction to the category of vehicle being driven while operating for hire or reward,

unless when travelling to and from a garage for maintenance, depot for shift-change or roadworthiness test.

   (3) A person driving a taxi shall-

   (a)   where a reserved lane R118 is provided, keep his vehicle wholly within that lane unless the lane is obstructed;

   (b)   return to the reserved lane as soon as possible after passing the obstruction as it is safe to do so; and

   (c)   not proceed past a "no taxi" sign R224 indicating a restriction to taxis.

PART XIX
Trams (regs 123-129)

 

123.   Trams in general

   (1) A person driving a vehicle shall not move into the path of an approaching or following tram lane W362, or on tram tracks marked along the left side of the tracks by a broken or continuous yellow line RM13 parallel to the tracks.

   (2) A person driving a vehicle shall, when driving in the path of an approaching or followed tram travelling in a tram lane, or on tram tracks marked along the left side of the tracks by a broken or continuous white line RM4 parallel to the tracks, move out of the path of the tram as soon as the person can do so safely.

   (3) In this regulation "tram" includes a trolley-bus travelling along tram tracks by using the same electrical installation W361.

 

124.   Tram lanes

   (1) A person driving a vehicle (except the driver of a tram or trolley-bus) shall not drive in a tram lane, unless that person has express exemption issued by a road authority.

   (2) For the purposes of regulation 122 and this regulation, a tram lane is a part of a road with tram tracks that-

   (a)   are marked along the left and right side of the tracks by a continuous white or yellow line parallel to the tracks;

   (b)   begin at a "tram lane" sign R138; and

   (c)   ends at a tram depot.

 

125.   Stopping and parking on tram tracks

   A person driving a vehicle (except the driver of a tram) shall not stop or park in a tram lane or on tram tracks.

 

126.   Passing trams

   A person driving a vehicle shall not pass a halted tram if the tram is loading and unloading passengers.

 

127.   Overtaking trams

   A person driving a vehicle shall not overtake a tram to the left or right if the tram tracks are built in the middle of the road unless there is a lane marked for the same direction.

 

128.   Keeping clear of trams

   (1) A person driving a vehicle shall not drive into the path of a tram travelling on tram tracks if there is a broken white line WM3 beside the track.

   (2) If a tram approaches, the driver shall not obstruct the tram and shall move on as soon as he can do so safely.

 

129.   Pedestrians crossing the road near a halted tram

   A driver shall stop and give way to any pedestrian crossing the road between the halted tram and a kerbstone.

PART XX
Appointment of a Road Safety Audit Team (regs 130-131)

 

130.   Appointment of a Road Safety Audit Team (RoSAT)

   The Permanent Secretary shall appoint a Road Safety Audit Team (RoSAT).

   (2) The Road Safety Audit Team shall consist of the following officers-

   (a)   the Director of Road Transport and Safety or his representative, who shall be the team leader;

   (b)   an expert from the Botswana Traffic Police;

   (c)   an expert from the road department;

   (d)   an expert from a city council; and

   (e)   a qualified consultant or contractor if necessary.

 

131.   Duties of Road Safety Audit Team

   (1) The team shall be responsible for auditing the roads in accordance with the procedure set out in the Fifth Schedule.

   (2) The auditing of roads shall be done at such times as may be deemed necessary by the team.

   (3) The team shall submit an audit report to the Permanent Secretary with such recommendations as may be necessary.

PART XXI
General road traffic rules (regs 132-149)

 

132.   View not to be obstructed

   A person shall not drive a vehicle on a roadway if-

   (a)   the view through the windscreen or windows of the vehicle is obscured by mud, steam or any other dirt so as to make the driving of the vehicle hazardous; or

   (b)   any ornament, device, cargo or passenger is placed in or on the vehicle so that it may obstruct that driver's view

 

133.   Spotlight

   (1) No person shall on a roadway drive a vehicle that is equipped with a spotlight while the spotlight is lit whether the vehicle is in motion or not, so as to create a hazard to users of the road.

   (2) Notwithstanding subregulation (1), a person driving a vehicle equipped with a spotlight and is in motion on a roadway while the spotlight is lit, shall direct the ray of the light from the spotlight directed to the extreme left of the travelled portion of the roadway so that the beam of the light strikes the extreme left of the travelled portion of the roadway within 25 metres of the vehicle.

 

134.   Noise level

   (1) No person shall operate a motor vehicle generating a level of noise exceeding the limits prescribed under subregulation (2).

   (2) The permissible limit of noise produced by vehicles is as follows-

 

   (a)   light motor vehicles80db (decibels) 

   (b)   heavy motor vehicles82db 

   (c)   motor cycles84db 

   (d)   agricultural vehicle86db

   (3) The sign W351 shall be displayed in an airfield area, to warn a person driving a vehicle in such area that noise level in such area may reach at least 140db.

 

135.   Use of a horn device

   No person shall use a horn R206 or any other audible warning device of a vehicle unless-

   (a)   it is necessary to use the warning device to warn other road users or animals, of the approach or position of the vehicle; or

   (b)   the horn is used as an anti-theft device fitted to the vehicle.

 

136.   Passengers in camping or house trailer

   (1) No person shall permit another person to occupy a house trailer or any other trailer while it is drawn on a roadway.

   (2) A person driving a vehicle shall not, while the vehicle is on the roadway, knowingly draw or tow by that vehicle any person riding a roller-skate, toboggan, bicycle, skateboard or any similar thing.

 

137.   Opening vehicle doors

   No person shall open a door of a vehicle, leave it open, or alight from the vehicle in a manner likely to cause danger to himself or herself or other road users.

 

138.   Disturbance in residential area

   No person shall drive a vehicle in a residential area during the period between 2200 hours and 0600 hours in a manner that unduly disturbs the residents of that residential area.

 

139.   Procession and convoy

   (1) A person driving a vehicle shall not cause the vehicle to break through-

   (a)   the ranks of a presidential, military, or police convoy;

   (b)   any other authorised parade or procession; or

   (c)   in any way obstruct, impede or interfere with the parade or procession.

   (2) A pedestrian shall not break through-

   (a)   the ranks of a presidential, military or police convoy;

   (b)   any other authorised parade or procession; or

   (c)   in any way obstruct, impede or interfere with the parade or procession.

 

140.   Air cushion vehicle

   No person shall operate an air cushion vehicle on or across a public roadway unless that person has obtained a permit from the Department of Road Transport and Safety.

 

141.   Removal of damaged vehicles

   A person or towing company removing a wrecked or damaged "žvehicle from a road shall remove all glass, debris or any other thing that was part of or related to the vehicle.

 

142.   Advertising on public road

   (1) A person shall not obstruct the view of drivers by advertising or selling any goods on a public road.

   (2) Notwithstanding subregulation (1), a road authority may authorise the advertisement or selling of goods subject to such conditions as it may determine.

 

143.   Damage to traffic control devices

   A person shall not wilfully remove, deface, alter or destroy a traffic control device placed or erected on a road.

 

144.   Number of types of traffic signs

   The numbers of types of traffic signs shall be limited to a reasonable number and signs shall be placed only where they are deemed by the Road Safety Audit Team to be useful.

 

145.   Guide markers (verge marking posts)

   Guide markers (verge marking posts) W418 shall comply with BS873 or the equivalent ISO 9001 standards.

 

146.   Traffic lights precedence over road signs

   An instruction conveyed by a traffic light shall take precedence over that conveyed by a road sign.

 

147.   Penalties

   Any person who contravenes or fails to comply with the provisions of these Regulations shall be guilty of an offence and liable for a first offence to a fine not exceeding P100, or to imprisonment for a term not exceeding three months, or to both, and for each subsequent offence to a fine not exceeding P200, or to imprisonment for a term not exceeding six months, or to both.

 

148.   Transitional

   Traffic signs erected prior to the coming into force of these Regulations shall remain valid for a period of two years after the coming into force of these Regulations.

 

149.   Repeal of Cap. 69:01 (Sub.Leg.)

   The Road Traffic (Signs) Regulations are hereby repealed.

FIRST SCHEDULE

(reg. 5(a))

reg. 5(g)

SECOND SCHEDULE

reg. 9

THIRD SCHEDULE

reg. 19

FOURTH SCHEDULE

reg. 7

Table 1- Colour Specification Limits (Daytime) (a)

 

1

2

3

4

Colour

x

y

x

y

x

y

x

y

White

0,303

0,300

0,368

0,366

0,340

0,393

0,274

0,329

Yellow

0,498

0,412

0,557

0,442

0,479

0,520

0,438

0,472

Orange

0,558

0,352

0,636

0,364

0,570

0,429

0,506

0,404

Green (b)

0,026

0,399

0,166

0,364

0,286

0,446

0,207

0,771

Red

0,648

0,351

0,735

0,265

0,629

0,281

0,565

0,346

Blue (b)

0,140

0,035

0,244

0,210

0,190

0,255

0,065

0,216

Brown

0,430

0,340

0,610

0,390

0,550

0,450

0,430

0,390

   (a)   The four pairs of chromaticity co-ordinates determine the acceptable colour in terms of the CIE 1931 standard Colormetric System measured with CIE Standard Illuminant D65

   (b)   The saturation limit of green and blue may extend to the border of the CIE chromaticity locus for spectral colours

 

Table 2 - Type IX Sheeting (a)

Observation Angle

Entrance Angle

White

Yellow

Orange

Green

Red

Blue

0,1(b)

-4

660

500

250

66

130

30

0,1(b)

+ 30

370

280

140

37

74

17

0,2

-4

380

285

145

38

76

17

0,2

+30

215

162

82

22

43

10

0,5

-4

240

180

90

24

48

11

0,5

+30

135

100

50

14

27

6

1,0

-4

80

60

30

8

16

3,6

1,0

+30

45

34

17

4,5

9

2

   (a)   minimum Coefficient of Retroreflection (R A) cd / Ix - 1 / m-2

   (b)   Values for 0,1 observation angles are supplementary requirements that shall apply only when specified by the purchaser in the contract or order

 

Table 3 - Type III Sheeting (a)

Observation Angle

Entrance Angle

White

Yellow

Orange

Green

Red

Blue

Brown

0,1(b)

-4

300

200

120

54

54

24

14

0,1(b)

+30

180

120

72

32

32

14

10

0,2

-4

250

170

100

45

45

20

12

0,2

+30

150

100

60

25

25

11

8,5

0,5

-4

95

62

30

15

15

7,5

5

0,5

+30

65

45

25

10

10

5

3,5

   (a)   minimum Coefficient of Retroreflection (R A) cd / Ix -1 / m-2

   (b)   Values for 0,1 observation angles are supplementary requirements that shall apply only when specified by the purchaser in the contract or order

FIFTH SCHEDULE

ROAD SAFETY AUDIT REPORT (CHECKLIST)

(reg. 131)

<IN:LF:0,RT:0>      Location: ________________________________________________________

<IN:LF:0,RT:0>      Date of On-Site Inspection: (Day)......../........./..........(Night)......./......./........

<IN:LF:0,RT:0>      Time:________________ Weather: __________ Name: ___________________

<IN:LF:0,RT:0>Item

<IN:LF:0,RT:0>Issues to be considered

<IN:LF:0,RT:0>Comments

<IN:LF:0,RT:0>1
Horizontal and Vertical alignment

<IN:LF:0,RT:0>Are the road works located safely with respect to horizontal and vertical alignment?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>If not, does works signing cater for this?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Are turning radii and tapers constructed in accordance with guidelines?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>2

<IN:LF:0,RT:0>Do roadwork cones delineate the tapers where necessary?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Turning Radius and Restriction

<IN:LF:0,RT:0>Is the width of the lanes satisfactory for the traffic using the area?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Are the alignment of curbs, traffic islands and medians satisfactory?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>3
Sight and Stopping Distances

<IN:LF:0,RT:0>Is sight and stopping distances in accordance with guidelines?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>4

<IN:LF:0,RT:0>Are bus stops appropriately located with adequate clearance from the traffic lane for safety and visibility?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Traffic Lane Safety and Visibility

<IN:LF:0,RT:0>Can passengers safely walk to and from bus stops?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>5
Street Lighting and other Delineation

<IN:LF:0,RT:0>Is appropriate street lighting or other delineation provided at the road works to ensure that the site is safe at night?
   (Note: the site must be visited at night)
Is the work area safe for pedestrians and cyclists at night?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>6
Roadwork Signs

<IN:LF:0,RT:0>Have unnecessary signs been removed when works are not in progress (e.g. at night)?

<IN:LF:0,RT:0>

 

7
Access to Property

Do the roadworks adversely affect property access?

 

Have the owners been consulted with, etc?

 

 

Are all necessary regulatory, warning and direction signs in place?

 

8

Are they correctly placed clean, and conspicuous?

 

Signs

Do they conform in general to Road Traffic Act (Cap.69:01) and Regulation Guidelines, or other recognised by-laws?

 

 

If Chevron alignment markers are installed, have the correct types of markers been used?

 

9

Are traffic signs in their correct locations, and properly positioned with respect to lateral clearance and height?

 

Location/ Placement

Are signs placed so as not to restrict sight distance, particularly for turning vehicles?

 

10
Day/Night Signs Requirements

Are the correct signs used for each situation including at night where required, and is each sign necessary?

 

11

Are other traffic control devices according to standards and used correctly?

 

Control

Are flagmen or temporary traffic signals requires - where, when and how?

 

 

[a]   Are traffic lanes clearly delineated

 

12

[b]   Have temporary Reflective Markers been installed?

 

Delineation and Reflective Markers

[c]   Where coloured Reflective Markers are used, have they been installed correctly?

 

 

Are all necessary pavement markings installed in accordance with guidelines?

 

13

Are vehicle paths through the work area clear to motorists?

 

Pavement Marking

Are work areas clearly defined and clear of through traffic when flagmen not used?

 

 

Does the site present difficulties for motor cyclists day or night?

 

 

<IN:LF:0,RT:0>14
Detours

<IN:LF:0,RT:0>Do temporary detours cater for heavy vehicles and buses to safely manoeuvre in their designated lane?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Are the temporary traffic signals clearly visible to approaching motorists?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>15

<IN:LF:0,RT:0>Are additional warning signs required?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Temporary Traffic Signals

<IN:LF:0,RT:0>Are signs warning of temporary traffic signals adequate?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Are the ends of likely vehicle queues visible to motorists so that they may stop safely?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>16
Location

<IN:LF:0,RT:0>Are traffic signals operating correctly?
Is the number and location of signal displays adequate?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>17

<IN:LF:0,RT:0>Have any visibility problems caused by the rising or setting sun been addressed?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Visibility

<IN:LF:0,RT:0>Do any site works or any construction equipment create visibility problems for traffic signals?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>18
Signal Display

<IN:LF:0,RT:0>Are signal displays shielded so that only the motorist for whom they are intended can see them?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>19
Traffic Movements

<IN:LF:0,RT:0>Are all movements including pedestrians catered for by the temporary traffic signals?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>20

<IN:LF:0,RT:0>Does the work area affect pedestrians and cyclists?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Paths

<IN:LF:0,RT:0>Are there appropriate travel paths and crossing points for pedestrians and cyclists?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>21
Elderly and Disabled

<IN:LF:0,RT:0>Are there adequate safely access provisions for the elderly, disabled, children, wheel chairs and prams [e.g. holding rails, kerbs and median crossings, ramps] ?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>22
Cyclists

<IN:LF:0,RT:0>Is the bicycle route continuous, i.e. free of squeeze points or gaps?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>23
Safe Grates

<IN:LF:0,RT:0>Are bicycle safe grates provided at drainage gully pits where necessary?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>24
Warning

<IN:LF:0,RT:0>Are pedestrian and cyclists adequately warned of obstructions and temporary works hazards on their travelled way?

<IN:LF:0,RT:0>

 

<IN:LF:0,RT:0>25
Pavement Defects

<IN:LF:0,RT:0>Is the pavement free of defects [e.g. excessive roughness or rutting, potholes etc.], which could result in safety problems [e.g. loss of steering control]?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>26
Skid Resistance

<IN:LF:0,RT:0>Does the pavement appear to have adequate skid resistance, especially on steep descents?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>27
Poundings

<IN:LF:0,RT:0>Is the pavement free of areas where pounding or sheet flow of water may occur, with resultant safety problems?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>28
Loose Gravel

<IN:LF:0,RT:0>Is the pavement free of loose gravel?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>29

<IN:LF:0,RT:0>Are speed restriction signs required for these works?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Speed Restriction Signs

<IN:LF:0,RT:0>If so are they correctly applied?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>30

<IN:LF:0,RT:0>Are motorists informed of need to slow down through Roadwork site?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Speed Management

<IN:LF:0,RT:0>Are other devices required for speed management?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>31
Signs Requirements

<IN:LF:0,RT:0>Do speed restriction signs require to be maintained all day and at night?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>32
Other findings

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>33

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>Does the site have to be re-checked?

<IN:LF:0,RT:0>

<IN:LF:0,RT:0>

SIXTH SCHEDULE

reg. 121

ROAD TRAFFIC (SPEED LIMITS FOR SPECIFIED VEHICLES) REGULATIONS

(under section 130)

(1st January, 1975)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

   1.   Citation

   2.   Speed limit for certain classes of vehicles

   3.   Penalties

 

      First Schedule - Speed Limit for Specified Vehicles

      Second Schedule - Prescribed Sign Indicating Maximum Speed

 

S.I. 148, 1974,
S.I. 42, 2003.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Speed Limits for Specified Vehicles) Regulations.

 

2.   Speed limit for certain classes of vehicles

   (1) The maximum speed at which any vehicle of the type or class specified in the first column of the First Schedule may be driven on any road shall be that respectively specifed in relation thereto in the second column of the said First Schedule.

   (2) The sign required by section 44(2) of the Act to be painted or affixed to the rear of every vehicle, other than a motor car or a motor cycle which is subject to a speed limit under subsection (1) of that section shall be affixed to the right rear side of the vehicle, and shall be circular with a diameter of 240 mm with a black border, 20 mm in width, with the maximum speed in black numerals, 120 mm high, on a white reflective background, and generally conform with the signs set out in the Second Schedule.

 

3.   Penalties

   Any person who contravenes or fails to comply with any of the provisions of these Regulations, shall be guilty of an offence and shall be liable to a fine of not less than P30,00, plus P5,00 for every kilo-metre per hour exceeded, and not more than P1000,00 or to imprisonment for a term of not more than five years, or to both.

FIRST SCHEDULE
SPEED LIMIT FOR SPECIFIED VEHICLES

(reg. 2)

 

Vehicle 

Maximum speed 

Midi-Bus (15-30 seats) 

100 km/h 

Bus (30 - 100 seats) or with 10 m overall length 

100 km/h 

Train-bus exceeding 100 seats 

80 km/h 

Double deck-bus exceeding 100 seats 

80 km/h 

School bus 

80 km/h 

Mini-bus (11-15 seats) 

80 km/h 

Light vehicles not exceeding 3500 kg GVM and drawing a trailer exceeding 750kg 

80 km/h 

Motor vehicle exceeding 3500 kg GVM; with or without a trailer exceeding or not exceeding 750 kg. 

80 km/h 

Tractors for agricultural and farming purpose 

25 km/h 

Special mechanical equipment constructed for the maintenance and construction of roads 

30 km/h 

Motorcycle drawing a trailer not exceeding 750 kg 

60 km/h 

* km/h = kilometres per hour. 

 

SECOND SCHEDULE
PRESCRIBED SIGN INDICATING MAXIMUM SPEED

(reg. 2)

(Reflective)

(Reflective)

ROAD TRAFFIC (MOTOR CYCLES) (PROTECTIVE HELMETS) REGULATIONS

(under section 130)

(1st January, 1975)

ARRANGEMENT OF REGULATIONS

REGULATIONS

 

   1.   Citation

   2.   Compulsory wearing of protective helmet

 

S.I. 164, 1974.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Motor Cycles) (Protective Helmets) Regulations.

 

2.   Compulsory wearing of protective helmet

   No person shall drive or be a passenger on a motor cycle on any road unless he is wearing a protective helmet which-

   (a)   fits him properly, and of which the chin strap is properly fastened under his chin; and

   (b)   conforms to British Standard Specification 2001/1956, British Standard Specification 1869/1963 or South African Bureau of Standards No. 7799/1967.

ROAD TRAFFIC (PROTECTION OF CHILDREN CROSSING ROADS) REGULATIONS

(under section 130)

(3rd July, 1981)

ARRANGEMENT OF REGULATIONS

   REGULATIONS

 

   1.   Citation

   2.   Interpretation

   3.   Power to approve boards and designate persons

   4.   Approved boards to be obeyed by drivers of vehicles

   5.   Evidence

 

S.I. 61, 1981,
S.I. 17, 1982.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Protection of Children Crossing Roads) Regulations.

 

2.   Interpretation

   In these Regulations-

   "approved board" means a board for the time being approved under regulation 3 for the purposes of these Regulations;

   "designated person" means a person for the time being designated under regulation 3 for the purposes of these Regulations.

 

3.   Power to approve boards and designate persons

   Any police officer of or above the rank of Assistant Superintendent may, either orally or in writing, from time to time-

   (a)   approve any board bearing the word "STOP" or "GO"; and

   (b)   designate any person,

for the purposes of these Regulations.

 

4.   Approved boards to be obeyed by drivers of vehicles

   When a child or children are crossing or are about to cross any road and, for the purpose of facilitating a safe crossing for the child or children, a designated person on the road elevates and displays an approved board bearing the word "STOP", the driver of a vehicle on the road shall forthwith stop his vehicle and thereafter keep it stationary until the board is lowered and the designated person elevates and displays an approved board bearing the word "GO".

 

5.   Evidence

   Where, in any proceedings in respect of a failure to comply with regulation 4, it is alleged in the charge that any board or person was, at the material time, an approved board or a designated person, the court shall presume that that board or person was, at that time, an approved board or a designated person, as the case may be, unless the contrary is proved.

ROAD TRAFFIC (SEAT BELTS) REGULATIONS

(section 130)

(7th June, 2013)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

   1.   Citation

   2.   Wearing of installed seat-belt

   3.   User of vehicles without seat-belts

   4.   Penalties

 

S.I. 75, 1981,
S.I. 18, 1992,
S.I. 62, 2013.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Seat-Belts) Regulations.

 

2.   Wearing of installed seat-belt

   (1) Where a motor car, motor omnibus or commercial vehicle is equipped-

   (a)   with a seat-belt for the driver alone; or

   (b)   with seat-belts for both the driver and all passengers,

no person shall, in either case, drive or, in the case referred to in paragraph (b), be a passenger in the vehicle on a road unless, at all times while the vehicle is in motion-

      (i)   he is wearing the seat-belt or the appropriate seat-belt, as the case may be, and

      (ii)   the seat-belt is so installed, worn and fastened in such a condition as to ensure its maximum effectiveness.

   (2) Where a passenger referred to in subregulation (1) is a child under the age of five years, he shall be held on a child restraint seat placed at the back passenger seat, and in the case of pickup vehicles, the child shall be restrained in a safe position in the front seat of the pickup vehicle.

 

3.   User of vehicles without seat-belts

   (1) Where a motor car, motor omnibus or commercial vehicle was, at any time, equipped-

   (a)   with a seat-belt for the driver alone;

   (b)   with seat-belts for the driver and front seat passenger only; or

   (c)   with seat-belts for the driver and all passengers,

but ceased, at any time after the commencement of these Regulations, to be so equipped, no person shall use the vehicle on a road unless it is again equipped with a new seat-belt or a seat-belt not inferior to the previous one.

   (2) Where, in any proceedings in respect of a contravention of this regulation, the court is satisfied that the vehicle, the subject of the proceedings, was at one time equipped with a seat-belt in any of the instances under subregulation (1), but at some time ceased to be so equipped, the court shall presume that it ceased to be so equipped after the commencement of these Regulations, unless the contrary is proved.

 

4.   Penalties

   Where any person is guilty of an offence by reason of acting in contravention of any provision of these Regulations, he shall be liable to a fine of not less than P200, but not more than P500, or to imprisonment for a term of not less than two months but not more than six months, or to both.

ROAD TRAFFIC (TEMPORARY MOTOR VEHICLE LICENCES) REGULATIONS

(section 130)

(18th November, 1983)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

   1.   Citation

   2.   Interpretation

   3.   When temporary motor vehicle licence may be issued

   4.   Issue of licence

   5.   Form of licence

   6.   Expiry of licence

   7.   Exemptions for vehicle having licence

   8.   Vehicle to carry temporary motor vehicle licence

 

S.I. 142, 1983.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Temporary Motor Vehicle Licences) Regulations.

 

2.   Interpretation

   In these Regulations, "temporary motor vehicle licence" means a temporary motor vehicle licence issued in terms of these Regulations.

 

3.   When temporary motor vehicle licence may be issued

   The Permanent Secretary may, by writing under his hand, specify the circumstances (hereinafter referred to as "specified circumstances") in which a temporary motor vehicle licence may be issued in respect of any motor vehicle or trailer.

 

4.   Issue of licence

   Where a licensing officer is satisfied that specified circumstances exist in relation to a particular motor vehicle or trailer, he may, on payment of a fee of P10, issue a temporary motor vehicle licence in respect of that motor vehicle or trailer.

 

5.   Form of licence

   The Registrar shall approve a suitable form and direct that it shall be used for all temporary motor vehicle licences.

 

6.   Expiry of licence

   Every temporary motor vehicle licence shall expire upon the expiry of the period of 21 days immediately after the day on which the licence was issued.

 

7.   Exemptions for vehicle having licence

   Subject to regulation 8, while a temporary motor vehicle licence remains in force, the motor vehicle or trailer in respect of which the licence was issued shall be exempted from sections 6(1) and 16(1) of the Act or, where the vehicle is registered under the Act, from sections 11 and 16(1) of the Act.

 

8.   Vehicle to carry temporary motor vehicle licence

   (1) No person shall use a motor vehicle or trailer in respect of which a temporary motor vehicle licence is in force on a road before identification plates are fixed on to the vehicle in terms of section 11 of the Act unless the licence is at all times-

   (a)   fixed to the rear elevation of the vehicle in an upright position so as to be clearly visible from behind the vehicle;

   (b)   fixed to the vehicle at a height not more than 1,5 m above ground level;

   (c)   covered for its protection by a transparent plastic film if the licence is fixed to the exterior of the vehicle; and

   (d)   maintained in the condition in which it was issued.

   (2) Where the rear elevation of a motor vehicle or trailer in respect of which a temporary motor vehicle licence has been issued includes a window, the licence may be fixed to the interior of the window so long as it remains clearly visible from behind the vehicle.

   (3) No person shall use a motor vehicle or trailer on a road while the vehicle displays in any manner whatsoever a temporary motor vehicle licence that has expired.

ROAD TRAFFIC (MANUFACTURERS AND SUPPLIERS OF NUMBER PLATES) REGULATIONS

(section 130)

(3rd July, 1992)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

   1.   Citation

   2.   Registration of manufacturers and suppliers of number plates

   3.   Records to be kept

   4.   Offences

 

      Schedule - Forms

 

S.I. 53, 1992.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Manufacturers and Suppliers of Number Plates) Regulations.

 

2.   Registration of manufacturers and suppliers of number plates

   Notwithstanding the provisions of the Trade Act and the Industrial Development Act no person shall manufacture or supply vehicle number plates unless he is registered with the Department of National Transport as such a manufacturer or supplier, as the case may be, and is in possession of a valid permit issued under the provisions of subregulation (3).

   (2) An application to be registered as a manufacturer or supplier of vehicle number plates shall be made to the Department of National Transport at the Ministry of Works, Transport and Communications, in Form NTC 32A in the Schedule hereto, and accompanied by the fee specified in the form.

   (3) After consideration of the application, and such further information as it considers necessary or desirable, the Department may, at its discretion register the applicant as a manufacturer or supplier of number plates, subject to such terms and conditions as it shall specify, and may issue a permit, in Form NTC 32 in the Schedule hereto, to such effect, valid for one year from its date of issue.

   (4) Any such registration and permit shall be personal to the applicant and not transferable, and shall cease to be valid if the manufacturer or supplier ceases to carry on the business of number plate manufacturer or supplier.

   (5) Any such registration and permit may be cancelled at any time if the manufacturer or supplier concerned is convicted of an offence under these Regulations.

   (6) Any renewal of such permit shall be dealt with as an original application, but subject to such fee as may be specified on the form for renewals.

 

3.   Records to be kept

   A registered manufacturer or supplier of vehicle number plates shall keep and maintain records of all such number plates manufactured or supplied by him, and of all persons to whom such plates are supplied, and shall make such records available for inspection, at any time, by any police officer or authorized representative of the Department.

 

4.   Offences

   (1) Any person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence and liable to a fine of P500 and to imprisonment for six months.

   (2) Where any fee payable under these Regulations has not been paid, the court convicting the person responsible, whether or not any other penalty is imposed, may impose a fine of an amount equivalent to the amount of the unpaid fee, and the payment of such fine shall operate in satisfaction of any civil debt due under section 28 of the Road Traffic Act, and shall be disposed of in the same manner as the fee payable under these Regulations.

SCHEDULE
FORMS

Form NTC 32A
APPLICATION FOR NUMBER PLATE MANUFACTURER/SUPPLIER'S PERMIT

 

Name of applicant/company ................................................................................................


Address ............................................. Postal address ........................................................


Location: Plot number ........................................... Street ...................................................


Nationality of owner ............................................................................................................


Registration number of company (if any) ...............................................................................


Details of machine ............................. Make .............................. Model ..............................


Number of employees .........................................................................................................


   I declare that the aforesaid particulars are true 

Date .......................................... 

 

 

 

......................................
Signature and designation 

NOTE 

1.   Applicant/company should be resident in Botswana


2.   Registration fee...........................P500


3.   Renewal fee.................................P100 

For office use only: 

 

 

   Registration/Permit granted/rejected 

 

   Permit No........................... Office code.................................................. 

 

Officer's code.......................................

Form NTC 32
MOTOR VEHICLE NUMBER PLATE MANUFACTURER/ SUPPLIER'S LICENCE

 


REPUBLIC OF BOTSWANA


DEPARTMENT OF NATIONAL TRANSPORT AND COMMUNICATIONS


(ROAD TRAFFIC ACT 69:01) 

NUMBER.............................. 

This Licence entitles 

.......................................................................................................................................
Name of Person/Company


....................................................................................................................................... 

Address (Place of activity)


to be a Manufacturer/Supplier of Motor Vehicle Number Plates from ............................................................ to ................................................................. 

Date 

Date 

 

 

 

 

 

Office Seal 

 

 

 

 

 

Fee P....................... Receipt No: ........................ Signature of Licensing Officer .................. 

Date of Issue ....................................................... Office of Issue: ....................................... 

   1.   This licence is not transferable without the authority of the Department of National Transport and Communications.


   2.   The licence holder is required to keep records of all number plates manufactured or supplied and such records may be open to inspection by the officials of the Department of Transport and Police.


   3.   The Department reserves the right to cancel the licence at any time without notice for breach of any of the regulations related to this licence.

ROAD TRAFFIC (BREATHALYSER) REGULATIONS

(under section 130)

(17th March, 1995)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

   1.   Citation

   2.   Prescribed type of breathalyser

 

      Schedule

 

S.I. 18, 1995,
S.I. 49, 2003.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Breathalyser) Regulations.

 

2.   Prescribed type of breathalyser

   For the purposes of section 47 of the Road Traffic Act, the breathalyser which shall be used for the analysis of specimens of breath shall be any of the types of devices specified in the Schedule hereto.

SCHEDULE

1.   Alcometer

2.   Intoxilyser

3   Drager Alcotest

4.   Alco Sensor

5.   Intoximeter

6.   Lifeloc

7.   RBT IV

8.   Alcotech alert

9.   Intox

ROAD TRAFFIC (LIMIT OF ALCOHOL) REGULATIONS

(section 130)

(4th October, 2013)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

   1.   Citation

   2.   Prescribed amount of alcohol in blood or breath

 

S.I. 19, 1995,
S.I. 95, 2013.

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Limit of Alcohol) Regulations.

 

2.   Prescribed amount of alcohol in blood or breath

   The limit of alcohol permissible in a specimen provided by a person charged with an offence under section 46 or section 50 (3) of the Act shall-

   (a)   where a person charged is a holder of a licence other than a professional driving permit, be-

      (i)   50 milligrams of alcohol in 100 millilitres of blood; and

      (ii)   0.22 milligrams of alcohol in 1000 millilitres of breath; or

   (b)   where the person charged is a holder of a professional driving permit and was driving a public service vehicle at the time of the offence, be-

      (i)   25 milligrams of alcohol in 100 millilitres of blood; and

      (ii)   0.11 milligrams of alcohol in 1000 millilitres of breath.

ROAD SAFETY COMMITTEE REGULATIONS

(sections 130 and 131)

(1st August, 1976)

ARRANGEMENT OF REGULATIONS

   REGULATION

 

PART I
Preliminary

   1.   Citation

   2.   Interpretation

 

PART II
National Road Safety Committee

   3.   National Road Safety Committee

   4.   Secretary of National Committee

   5.   Object and functions

   6.   Powers of National Committee

   7.   Meetings

   8.   Powers of National Committee Chairman

   9.   Validity of acts and decisions of National Committee

   10.   Remuneration and allowances of members

 

PART III
District Road Safety Committees

   11.   District Road Safety Committees

   12.   Object and functions of District Committee

   13.   Application of regulations 7 to 10 to District Committee

 

PART IV
National Road Safety Fund

   14.   Establishment of Fund

   15.   Purpose of Fund

   16.   Receipts into Fund

   17.   Levy on motor vehicles

   18.   Administration of Fund

   19.   Investment of moneys of Fund

   20.   Deposits of moneys not otherwise invested

   21.   Realization of investments

   22.   Payments from Fund

 

S.I. 137, 1975,
S.I. 102, 1976,
S.I. 37, 1983,
S.I. 15, 2004.

PART I
Preliminary
(regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Road Safety Committee Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "District Committee" means a District Road Safety Committee established by regulation 11;

   "Fund" means the National Road Safety Fund established under Part IV of these Regulations;

   "National Committee" means the National Road Safety Committee established by regulation 3.

PART II
National Road Safety Committee
(regs 3-10)

 

3.   National Road Safety Committee

   (1) There is hereby established a National Road Safety Committee.

   (2) The National Committee shall consist of the Chairman, the Vice-Chairman and nine other members as follows-

   (a)   the Chairman shall be the Permanent Secretary, Ministry of Works, Transport and Communications, or his representative;

   (b)   the Vice-Chairman shall be the Chief Roads Engineer, Ministry of Works, Transport and Communications;

   (c)   the other members shall be-

      (i)   the Permanent Secretary, Ministry of Finance and Development Planning, or his representative;

      (ii)   the Permanent Secretary, Ministry of Education, or his representative;

      (iii)   the Attorney-General's representative;

      (iv)   the Commissioner of Police or his representative;

      (v)   a representative of the insurance companies offering third party insurance in Botswana;

      (vi)   a representative of the Road Safety Association of Botswana;

      (vii)   a representative of the service clubs;

      (viii)   a representative of the Chamber of Commerce; and

      (ix)   the Transport Secretary, Ministry of Works, Transport and Communications.

 

4.   Secretary of National Committee

   The Minister shall designate an officer to act as secretary of the National Committee who shall exercise the powers and perform the duties conferred or imposed upon him by the National Committee, and provide other personnel and facilities required in the work of the National Committee.

 

5.   Object and functions

   (1) The object of the National Committee shall be the promotion of road safety in Botswana.

   (2) The National Committee shall-

   (a)   follow closely road safety research in order to take appropriate action to promote road safety;

   (b)   undertake the collection of information in connection with road safety and the making available thereof to authorities and persons concerned and the public generally;

   (c)   give guidance regarding road safety by means of the organizing of conferences, seminars and lectures, and by means of mass communication media and in any other manner deemed fit by the National Committee;

   (d)   consult with authorities and persons concerned in a road safety system in order to assist the Minister in the co-ordination and activation of the combating of road accidents;

   (e)   at the request of the Minister, enquire into and report and make recommendations on any matter falling within the objects of these Regulations;

   (f)   perform such other tasks falling within the objects of these Regulations as the Minister may impose upon the National Committee; and

   (g)   make recommendation to the Minister on the carrying out of a resolution passed by the National Committee but to which no effect is given or for some legal reason no effect can be given.

 

6.   Powers of National Committee

   (1) In order to achieve its object and to perform its functions the National Committee may-

   (a)   finance programmes promoting road safety;

   (b)   produce or acquire publicity materials, including films, for its own use, or to be used by others to promote road safety;

   (c)   disseminate information in connection with road safety by means of the press and radio;

   (d)   produce publications to promote road safety and pay rewards for matter inserted therein;

   (e)   obtain the services of advertising institutions for the promotion of road safety;

   (f)   assist authorities in the arrangements to train learner drivers;

   (g)   assist in providing training facilities for motor vehicle drivers;

   (h)   give guidance to associations or bodies of persons having objects similar to those of the National Committee;

   (i)   organize and finance conferences, seminars and lectures to promote road safety; and

   (j)   with the approval of the Minister, take any other steps which may be necessary to achieve its objects.

   (2) Where, in the opinion of the National Committee, the decision of a District Committee or of the Chairman of a District Committee is detrimental to the orderly promotion of road safety, the National Committee may set aside or vary the decision.

 

7.   Meetings

   (1) The National Committee shall meet at such times and places as the Chairman or, if he is absent, the Vice-Chairman may determine but not less than four times per year.

   (2) The Chairman or, if he is absent, the Vice-Chairman shall preside at all meetings of the Committee, and, if both the Chairman and the Vice-Chairman are absent from a meeting, the members present shall elect a person from among themselves to preside at such meeting.

   (3) The decision of a majority of the members of the National Committee present at a meeting of the National Committee shall constitute a decision of the National Committee and, in the event of an equality of votes on any matter, the person presiding at the meeting in question shall have a casting vote in addition to his deliberative vote.

   (4) Five members of the Committee shall form a quorum.

 

8.   Powers of National Committee Chairman

   During periods between the meetings of the National Committee, and subject to such directions as the National Committee may give from time to time, the Chairman shall perform all the functions and exercise all the powers of the National Committee, but shall not have the power, except insofar as the National Committee may otherwise direct, to set aside or vary a decision of the National Committee or of a District Committee or its Chairman.

 

9.   Validity of acts and decisions of National Committee

   No act or decision of the National Committee shall be invalid by reason only of the fact that a person who was entitled to receive notice of a meeting of the National Committee failed to receive it and was absent when such act was performed or such decision was taken, whether or not such concurrence was necessary for the performance of such act or the taking of such decision.

 

10.   Remuneration and allowances of members

   Every member of the National Committee, other than a government officer, shall be paid from the public revenue an amount of P6 per meeting, and his travel expenses shall be covered according to the rules applied to government officers.

PART III
District Road Safety Committees
(regs 11-13)

 

11.   District Road Safety Committees

   (1) There is hereby established in and for each Administrative District a District Road Safety Committee which shall be subordinate to the National Road Safety Committee.

   (2) Each District Committee shall consist of a Chairman, a Vice-Chairman and eight other members as follows-

   (a)   the Chairman shall be the District Commissioner or his representative;

   (b)   the Vice-Chairman shall be the police officer commanding the District or his representative; and

   (c)   the other members shall be -

      (i)   the Secretary of the District Council or his representative;

      (ii)   the Regional Health Officer or his representative;

      (iii)   the officer-in-charge of the District outstation of the Central Transport Organization or his representative;

      (iv)   the District Education Officer or the District Education Secretary or his representative;

      (v)   a representative of the Red Cross Society of Botswana;

      (vi)   a driving test examiner designated by the Permanent Secretary;

      (vii)   a driving instructor designated by the Permanent Secretary; and

      (viii)   a representative of insurers registered as such under the Insurance Industry Act, or, in the absence of such a representative, a representative of the Chamber of Commerce.

   (3) A District Committee may, from time to time and for such period as it shall in each case determine, co-opt any person whose advice or other assistance it requires, but no such person shall vote on any question before a meeting of the District Committee nor shall such a person count for the purpose of constituting a quorum of the District Committee.

 

12.   Object and functions of District Committee

   The object of a District Committee shall be the promotion, by all practicable means, of road safety within the District and for which it is established and, for this purpose, a District Committee shall-

   (a)   from time to time organize seminars, conferences and lectures;

   (b)   take every reasonable step to inform the public of road safety problems;

   (c)   maintain close liaison with schools in order to promote road safety awareness among school children; and

   (d)   carry out such other functions as the National Committee may from time to time require.

 

13.   Application of regulations 7 to 10 to District Committee

   Regulations 7, 8, 9 and 10 shall apply, with all necessary modifications, to each District Committee.

PART IV
National Road Safety Fund
(regs 14-22)

 

14.   Establishment of Fund

   A special fund, to be known as the National Road Safety Fund, is hereby established.

 

15.   Purpose of Fund

   The purpose of the Fund is to receive and safeguard moneys made available to it or earned by it which are to be utilized to meet financial obligations of the National Committee.

 

16.   Receipts into Fund

   There shall be paid into the Fund-

   (a)   such moneys as may be appropriated from time to time by Parliament for the purposes of the Fund;

   (b)   contributions to the National Committee to be used for its purposes; and

   (c)   P1 per annum per motor vehicle, as prescribed in the Act.

 

17.   Levy on motor vehicles

   (1) A levy of P20 per annum shall be payable in respect of every motor vehicle, as prescribed in the Act.

   (2) The levy shall be collected in connection with the licensing of vehicles in Botswana and at the border posts when vehicles which have been licensed outside Botswana enter Botswana.

 

18.   Administration of Fund

   (1) The Permanent Secretary of the Ministry for the time being responsible for finance (hereinafter referred to as "the accounting officer") shall be the public officer responsible for the administration of the Fund.

   (2) In the exercise of any power conferred on him under these Regulations, the accounting officer may exercise such power personally or through any other public officer authorized by him in writing.

 

19.   Investment of moneys of Fund

   Moneys of the Fund not immediately required for the purposes of regulation 15 shall, as far as possible, be invested by the accounting officer on behalf of the Fund in such investments and on such terms-

   (a)   as shall contribute to the achievement of the objectives of the National Development Plan, as approved from time to time by resolution of the National Assembly; and

   (b)   as the President, on the advice of the Minister for the time being responsible for finance, shall direct:

   Provided that such investments or terms shall not in any way prejudice the achievements of the purposes of the Fund.

 

20.   Deposits of moneys not otherwise invested

   The accounting officer may from time to time deposit, or renew deposits of, moneys of the Fund which are not invested in accordance with regulation 19, in the Joint Consolidated Fund administered by the Crown Agents, or in such financial institutions as are approved by the Minister for the time being responsible for finance.

 

21.   Realization of investments

   The accounting officer may, in accordance with the directions of the Minister for the time being responsible for finance, realize investments of moneys of the Fund.

 

22.   Payments from Fund

   There shall be paid from the Fund such amounts as may be approved by the National Committee including amounts allocated by the National Committee to District Committees.

ROAD TRAFFIC (SUSPENSION) ORDER

(under section 132)

(20th May, 1977)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Suspension of regulation 13(1)(a) of Cap. 69:01 (Sub.Leg.)

   3.   Limitation on number of passengers

   4.   Suspension of section 33(c)(ii) of the Act

 

      Schedule

 

S.I. 57, 1977,
S.I. 134, 1977.

 

1.   Citation

   This Order may be cited as the Road Traffic (Suspension) Order.

 

2.   Suspension of regulation 13(1)(a) of Cap. 69:01 (Sub.Leg.)

   (1) Subject to compliance with paragraph 3, the application of regulation 13(1)(a) of the Road Traffic Regulations is suspended in the case of a motor vehicle driven by the holder of a provisional driving licence whilst undergoing driving instruction, as part of a course of driving instruction provided by the Government, by the holder of a driving instructor's certificate approved for the purposes of this Order by the Minister in writing.

 

3.   Limitation on number of passengers

   The number of passengers in addition to the accompanying licensed driver as required by section 30(2) of the Act, carried in such a motor vehicle shall not exceed the number specified in the Schedule for the class of vehicles to which the particular motor vehicle belongs and every such passenger shall, at all times whilst being so carried-

   (a)   hold a provisional driving licence valid in respect of that class of motor vehicles; and

   (b)   be undergoing driving instruction together with the driver of the vehicle, as part of the same course of driving instruction, by the same instructor approved by the Minister under paragraph 2.

 

4.   Suspension of section 33(c)(ii) of the Act

   The application of section 33(c)(ii) of the Act is suspended in respect of heavy commercial vehicles where the applicant for a driving licence is undergoing a course of training provided by Botswana Railways approved for the purpose of this Order by the Minister in writing.

SCHEDULE

(para. 3)

 

Class of vehicles 

Maximum number of permitted passengers (in addition to the accompanying licensed drivers) 

Motor cars and motor omnibuses 

All other classes of motor vehicles 

1

ROAD TRAFFIC ACT (LIMITATION OF APPLICATION) ORDER

(under section 132)

(9th March, 1979)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Limitation of application of sections 6(1) and 16(1) of the Act

   3.   Application of Order

 

S.I. 16, 1979.

 

1.   Citation

   This Order may be cited as the Road Traffic Act (Limitation of Application) Order.

 

2.   Limitation of application of sections 6(1) and 16(1) of the Act

   Subject to paragraph 3, for 90 consecutive days immediately after the day on which a motor vehicle or trailer is first lawfully brought into Botswana sections 6(1) and 16(1) of the Act shall not apply in the case of that motor vehicle or trailer:

   Provided that sections 6(1) and 16(1) of the Act shall continue not to apply in the case of that motor vehicle or trailer, notwithstanding that such period of 90 consecutive days has elapsed, if the registration book or other registration document issued in respect of the motor vehicle or trailer under the law of some country other than Botswana shows that the address of the owner of the motor vehicle or trailer is outside Botswana.

 

3.   Application of Order

   This Order shall not apply in the case of any motor vehicle or trailer unless-

   (a)   the motor vehicle or trailer is at all times registered and licensed under the law of some country other than Botswana;

   (b)   the motor vehicle or trailer was lawfully taken out of that country; and

   (c)   at all times when the motor vehicle or trailer is used on a road-

      (i)   there is fixed on to the motor vehicle or trailer, in the manner prescribed by the law of that country, the number of identification plates prescribed by that law of the colour and design prescribed by that law and such identification plates are clearly visible and legible and contain no letters or numerals other than the registration number assigned to the motor vehicle or trailer under that law; and

      (ii)   there is carried on the motor vehicle or trailer the vehicle licence, or such part thereof as may be prescribed by that law, in the manner prescribed by that law and such licence, or part thereof, is legible and not defaced or mutilated.

ROAD TRAFFIC (USE OF MOBILE PHONES) REGULATIONS

(section 130)

(24th June, 2005)

ARRANGEMENT OF REGULATIONS

REGULATION

 

   1.   Citation

   2.   Interpretation

   3.   Use of mobile phones in motor vehicles on road

   4.   Penalties

 

S.I. 43, 2005,
S.I. 60, 2013.

 

1.   Citation

    These Regulations may be cited as the Road Traffic (Use of Mobile Phones) Regulations.

 

2.   Interpretation

    In these Regulations unless the context otherwise requires"”

   "hands-free kit" means an instrument which is specially designed to be affixed in a motor vehicle in such a way that a driver can use a mobile phone or an interactive communication device without holding it by hand;

   "interactive communication device" means a device used for providing access to the internet, sending or receiving oral or written messages, facsimile documents, still or moving images whilst driving;

   "mobile phone" means a portable device which is used as a normal phone; and

   "two-way radio" means any wireless telegraphy apparatus which is designed or adapted for the purpose of transmitting and receiving spoken messages.

 

3.   Use of mobile phones in motor vehicles on road

    (1) No person shall, while driving a motor vehicle on a road, use"”

   (a)   a hand-held mobile phone;

   (b)   a two-way radio; or

   (c)   a hand-held interactive communication device,

unless he or she uses a hands-free kit.

   (2) No person shall enable another person, while that other person is driving a motor vehicle on a road, to use"”

   (a)   a hand-held phone;

   (b)   a two-way radio; or

   (c)   a hand-held interactive communication device,

unless that other person uses a hands-free kit.

   (3) No person shall, while instructing or supervising a holder of a provisional driving licence, use"”

   (a)   a hand-held mobile phone;

   (b)   a two-way radio; or

   (c)   a hand-held interactive communication device,

at a time when the holder of a provisional driving licence is driving a motor vehicle on a road unless the person uses a hands-free kit.

   (4) A person does not contravene this regulation if, at the time of the alleged contravention"”

   (a)   he or she was using the mobile phone or other device to call the police, fire, ambulance or other emergency service;

   (b)   he or she was acting in response to a genuine emergency;

   (c)   it was unsafe or impracticable for him or her to cease driving in order to make or receive the call or, in the case of a contravention of paragraph (3), for the holder of a provisional driving licence to cease driving while the person instructing or supervising him or her was making or receiving the call;

   (d)   he or she was using a two-way radio in a vehicle for"”

      (i)   fire-fighting services;

      (ii)   ambulance, rescue or disaster services; or

      (iii)   any other emergency services; or

   (e)   he or she was a police officer, a peace officer, a transport inspector or a member of the Botswana Defence Force using a two-way radio while driving a motor vehicle in execution of his or her duties.

   (5) For the purposes of this regulation"”

   (a)   a mobile phone or other device is to be treated as hand-held if it is, or must be, held by hand at some point during the course of making or receiving a call or performing any other interactive communication function; and

   (b)   a person instructs or supervises the holder of a provisional driving licence if he or she does so pursuant to section 41 of the Road Traffic Act.

 

4.   Penalties

   Any person who contravenes these Regulations shall be guilty of an offence, and liable to a fine not exceeding P500, or to imprisonment for a term not exceeding three months, or to both.

ROAD TRAFFIC (DRIVING SCHOOLS AND DRIVING INSTRUCTORS)
REGULATIONS

(under section 130 as read with section 41)

(9th January, 2015)

ARRANGEMENT OF REGULATIONS

REGULATION

 

PART I
Preliminary

   1.   Citation

   2.   Interpretation

PART II
Driving School Permit Requirements

   3.   Driving school permit required to operate driving school

   4.   Application for driving school permit

   5.   Issue of driving school permit

   6.   Renewal of driving school permit

   7.   Issue of duplicate driving school permit

   8.   Driving school permit not transferable

   9.   Suspension or revocation of driving school permit

   10.   Display of driving school permit

   11.   Driving school permit to be produced for inspection

PART III
Driving School Permit Holder’s Responsibilities

   12.   Provision of training programmes

   13.   Driving instructors employed by driving school permit holder

   14.   Disclosure to trainees

   15.   Passengers in motor vehicle

   16.   Motor vehicle equipment

   17.   Condition of vehicle

   18.   Marking on motor vehicle, motorcycle or moped

   19.   Distinctive garments

PART IV
Driving Instructor's Certificate Requirements

   20.   Driving instructor’s certificate required to instruct learner drivers

   21.   Application for driving instructor’s certificate

   22.   Issue of driving instructor’s certificate

   23.   Renewal of driving instructor’s certificate

   24.   Driving instructor’s certificate not transferrable

   25.   Issue of duplicate driving instructor’s certificate

   26.   Suspension or revocation of driving instructor’s certificate

   27.   Driving instructor’s certificate to be produced for inspection

   28.   Driving instructor’s certificates issued outside Botswana

   29.   Training programme

   30.   Refresher courses

   31.   Motorcycle instructor permit

PART V
General

   32.   Director’s powers

   33.   Keeping of records

   34.   Disclosure of information

   35.   Submission of information on closure

      SCHEDULE

S.I. 1, 2015.

Part I
Preliminary

 

1.   Citation

   These Regulations may be cited as the Road Traffic (Driving Schools and Driving Instructors) Regulations.

 

2. Interpretation

   In these Regulations, unless the context otherwise requires-

   “agent” means a person who acts on behalf of a holder of a driving school permit;

   “accreditation” means the recognition granted to a training institution and assessment centre under regulation 5 of the Accreditation of Vocational Training Institutions and Assessment Centres Regulations;

   “authorisation of foreign driving instructor’s certificate” means a certificate issued under regulation 29;

   “company” has the meaning assigned to under the Companies Act;

   “Department” means the Department of Road Transport and Safety;

   “driver training” means an instruction given to a person in a classroom or in a motor vehicle that is designed to-

   (a)   improve the person’s driving skills;

   (b)   train the person to qualify for a particular class of licence; or

   (c)   train the person to be a driving instructor;

   “driving instructor” means a person certified as an instructor under section 41 of the Act;

   “driving instructor’s certificate” means a certificate issued under section 41 of the Act;

   “driving school permit” means a driving school permit issued under regulation 5;

   “driving test” means a driving examination to determine whether or not a person is competent to hold a driving instructor’s certificate of a particular class;

    “dual-pedal-system” means an extra clutch, brake and accelerator on the left side which is-

   (a)   attached to the existing system on the right side; and

   (b)   under the control of the driving instructor in the left front seat;

   “programme” means a scheme of proceedings for a course of study, or a structured pathway of learning or training leading to an award; and

   “transport inspector” means an officer of the Department who ensures compliance with the road transport laws.

PART II
Driving School Permit Requirements

 

3.   Driving school permit required to operate driving school

   (1) A person shall not operate the business of a driving school unless-

   (a)   the person holds a driving school permit issued under these Regulations;

   (b)   the driving school business is registered under the Companies Act;

   (c)   the name of the driving school business is not likely to mislead the public or be confused with other driving school businesses or government institutions;

   (d)   words such as “academy”, “college” or “institute” are, for accreditation purposes, not used in the name of the driving school unless the driving school meets the standards set by the Department and by the Botswana Training Authority established under section 3 of the Vocational Training Act; and

   (e)   facilities appropriate for the type of training to be provided are approved by the local authority in the district in which the business is being carried out.

   (2) Subregulation (1) does not apply to a driver training academy owned by the Government.

   (3) Any person who contravenes subregulation (1) shall be guilty of an offence and liable to a fine not less than P1000, but not more than P5000, or imprisonment for a term of not less than six months but not more than two years, or to both.

 

4.   Application for driving school permit

   (1) An application for a driving school permit shall be made to the Director by filling in the applicable parts in Form DL 11 as set out in the Schedule.

   (2) An application for a driving school permit under subregulation (1) shall be accompanied by-

   (a)   where the applicant is an individual-

      (i)   a police criminal record clearance certificate that shows that the applicant has not within the preceding two years before the application been convicted of an offence under the criminal Laws of Botswana,

      (ii)   a valid national identity card, where the applicant is a citizen of Botswana or a passport where the person is not a citizen or resident of Botswana,

      (iii)   accreditation certificate of the driving school, and

      (iv)   names of certified driving instructors to be employed;

   (b)   where the applicant is a company-

      (i)   a certified copy of company registration,

      (ii)   a resolution from the board of directors,

      (iii)   the constitution of the applicant and other incorporating documents,

      (iv)   a certified copy of accreditation certificate of the driving school, and

      (v)   names of certified driving instructors to be employed; and

   (c)   where the applicant is a partnership-

      (i)   consent of the majority of the partners,

      (ii)   a certified copy of accreditation certificate of the driving school, and

      (iii)   names of certified driving instructors to be employed.

   (3) An applicant for a driving school permit shall submit all motor vehicles, motorcycles or mopeds which are intended to be used for driver training to the Department for an inspection to ensure their roadworthiness.

   (4) The Director may give driving schools which were in existence before these Regulations came into force a period of 24 months from the date of publication of these Regulations to comply with these Regulations.

 

5.   Issue of driving school permit

   (1) Where the Director is satisfied that the applicant has-

   (a)   complied with the requirements of regulations 3 and 4; and

   (b)   classrooms and offices that are appropriate for the type of training to be provided,

the Director shall, on payment of a fee of P300 by the applicant, issue a driving school permit, to the applicant in Form DL 11A set out in the Schedule.

   (2) A driving school permit-

   (a)   shall be valid for a period of one year from the date of issue;

   (b)   specify the driving class that the driving school is authorised to train;

   (c)   shall bear the name, address and the location of the driving school;

   (d)   may be subject to such terms and condition as the Director considers necessary; and

   (e)   shall at all times be available for inspection.

   (3) The Director may reject an application for a driving school permit where-

   (a)   within the preceding two years before the application, the applicant was convicted of any offence under the Act;

   (b)   the applicant does not have adequate facilities for the type of training to be provided;

   (c)   the vehicles intended for use by the driving school are not roadworthy;

   (d)   the applicant or the applicant’s agent provides false statement in the application; or

   (e)   the applicant or the applicant’s agent refuses to provide information required by the Director.

   (4) Where the Director rejects an application for a driving school permit, he shall provide reasons why the application was rejected.

   (5) Any person aggrieved by the decision of the Director, may within 21 days of notification of the decision, appeal to the Minister in writing.

 

6.   Renewal of driving school permit

   (1) A driving school permit may be renewed by applying to the Director by filling in the applicable parts in Form DL 11 as set out in the Schedule for a further period of one year from the date of its expiry and thereafter for further periods of one year from the date of each subsequent expiry.

   (2) An application for renewal in terms of subregulation (1) shall be made not later than 30 days before the date of the expiry of the driving school permit.

   (3) Where the applicant has complied with the requirements of regulation 4, the Director shall on payment of a fee of P200, endorse such renewal on the driving school permit and may attach any conditions to the renewal as he may determine.

   (4) Any application for renewal made to the Director after 30 days of the expiry of the driving school permit shall be treated as a new application and the conditions under regulation 5 shall apply.

 

7.   Issue of duplicate driving school permit

   (1) A driving school permit holder whose permit is lost, destroyed, damaged or defaced may, by application made to the Director by filling in the applicable parts in Form DL 11 as set out in the Schedule, and on payment of a fee of P200, obtain a duplicate driving school permit.

   (2) Where a driving school permit which has been lost and replaced is recovered, the holder of a driving school permit shall immediately return the duplicate driving school permit to the Director and the holder of the driving school permit shall not be refunded any money paid for a duplicate driving school permit.

 

8.   Driving school permit not transferrable

   (1) A driving school permit shall not be hired, ceded, not transferrable transferred or in any way be given to any other person.

   (2) Any person who contravenes subregulation (1) shall be guilty of an offence and liable to a fine of not less than P1000, but not more than P5000, or imprisonment for a term of not less than six months but not more than two years, or to both.

 

9.   Suspension or revocation of driving school permit

   (1) The Director may suspend wholly or in part, a driving school permit for a period not exceeding 12 months if-

   (a)   there is non-compliance with any condition of the driving school permit;

   (b)   the holder of the driving school permit purports to hire, cede or transfer or in any way give the driving school permit to any other person; or

   (c)   the holder of the driving school permit contravenes the Act,

and the Director may specify in the suspension order, what activities the driving school permit holder shall engage in during the suspension period.

   (2)The Director may revoke a driving school permit if-

   (a)   the Director reasonably believes that it is in the interest of the public to do so; or

   (b)   the driving school permit holder, director or partner of the driving school permit holder repeatedly violates the conditions of the driving school permit.

   (3)The Director shall give notice, in writing, to the driving school permit holder of the decision to suspend or revoke a driving school permit under subregulations (1) and (2) and shall give reasons for such decision.

 

10.   Display of driving school permit

   (1) A holder of a driving school permit shall-

   (a)   display a certified copy of the driving school permit in the motor vehicle used for training drivers; and

   (b)   display the original copy in the premises used for the business of the driving school.

   (2) Where a permit is issued subject to terms and conditions, the holder of the driving school permit shall display such terms and conditions in the premises used for the business of the driving school.

   (3) Any person who contravenes subregulations (1) or (2) shall be guilty of an offence and liable to a fine of not less than P100, but not more than P200, or imprisonment for a term of not less than one month, but not more than six months, or to both.

 

11.   Driving school permit to be produced for inspection

   (1) A holder of a driving school permit shall, on demand by a transport inspector, police officer or any authorised person produce the driving school permit for inspection.

   (2) Any person who contravenes subregulation (1) shall be guilty of an offence and liable to a fine of not less than P1000, but not more than P5000, or imprisonment for a term of not less than six months but not more than two years, or to both.

PART III
Driving School Permit Holder’s Responsibilities

 

12.   Provision of training programmes

   A holder of a driving school permit shall provide a training programme which ensures that learner drivers of motor vehicles-

   (a)   are able to recognise and assess the seriousness of traffic dangers or risks;

   (b)   are able to have sufficient command of their motor vehicles not to create dangerous situations and the learner drivers are able to react appropriately should dangerous situations occur;

   (c)   are able to detect any major technical faults in their motor vehicles;

   (d)   understand all the factors which affect driving behaviour, and in particular alcohol use, fatigue and poor eyesight;

   (e)   help ensure the safety of all road users and show respect to others; and

   (f)   comply with road traffic laws.

 

13.   Driving instructors employed by driving school permit holder

   (1) A holder of a driving school permit shall employ a driving instructor who is duly certified under these Regulations.

   (2) Where a holder of a driving school permit employs more than two driving instructors, he shall designate at least one senior driving instructor who has at least four years experience as driving instructor for the class of vehicles for which the driver training is given at the driving school.

   (3) Subregulation (2) shall not apply to a driving academy operated by the Department or any Government institution.

   (4) A holder of a driving school permit who contravenes subregulation (1) shall be guilty of an offence and liable to a fine of not less than P1000, but not more than P5000, or to imprisonment for a term of not less than six months but not more than two years, or to both.

 

14.   Disclosure to trainees

   (1) A holder of a driving school permit shall disclose the following information to learner drivers-

   (a)   accreditation status of the driving school;

   (b)   assessment criteria;

   (c)   course content;

   (d)   course fees;

   (e)   the duration of each lesson;

   (f)   driving school permit; and

   (g)   driving instructor’s certificates.

   (2) A holder of a permit who fails to provide information as required under subregulation (1) shall be guilty of an offence and liable to a fine of not less than P1000, but not more than P5000, or imprisonment for a term of not less than six months but not more than two years, or to both.

 

15.   Passengers in motor vehicle

   (1) Except in accordance with this regulation, a holder of a driving school permit shall not allow any person other than a learner driver or a driving instructor to be a passenger in a motor vehicle while it is being used for driver training.

   (2) The following people may be passengers in a motor vehicle while it is being used for driver training-

   (a)   the holder of a driving school permit or manager of the driving school;

   (b)   a driving test examiner; or

   (c)   a transport inspector.

   (3) A holder of a driving school permit shall not allow more than four people to ride in a motor vehicle that is being used for driver training.

 

16.   Motor vehicle equipment

   A holder of a driving school permit or an owner of a motor vehicle, other than a motor cycle or moped used by a driving school to provide driver training to a person who holds a Class B provisional licence, shall ensure that the motor vehicle has-

   (a)   dual-pedal-system which has been fitted in accordance with Form DL 14 set out in the Schedule;

   (b)   is fitted with at least four seats with seatbelts;

   (c)   a securely attached inside mirror for the driving instructor; and

   (d)   a left hand outside mirror.

 

17.   Condition of vehicle

   (1) The holder of a driving school permit or the owner of a motor vehicle used for driver training shall maintain the motor vehicle in good mechanical condition.

   (2) The holder of a driving school permit or owner of a motor vehicle shall, where the model of the motor vehicle is not of the current year, keep, in the motor vehicle, an inspection report by a technician approved by the Director, showing that the motor vehicle has passed a mechanical inspection within the preceding six months.

   (3) A holder of a driving school permit shall ensure that a driving school or a driving instructor employed by the driving school does not use a motor vehicle whose model year is not the current year unless such vehicle has been inspected and has passed the inspection.

   (4) The Director may, at any time, by notice in writing, require the owner of a motor vehicle used in driver training to submit such motor vehicle for inspection by a motor vehicle examiner.

 

18.   Marking on motor vehicle, motorcycle or moped

   The holder of a driving school permit or the owner of a motor vehicle, motorcycle or a moped used for driver training by a driving school shall ensure that the motor vehicle, motorcycle or moped has a sign which-

   (a)   is securely mounted on the motor vehicle, motorcycle or moped;

   (b)   complies with the Road Traffic Regulations;

   (c)   is clearly visible at all times to other drivers in front and behind the motor vehicle, motorcycle or moped; and

   (d)   in the case of a roof sign, is aerodynamically manufactured and visible from a far distance to all road users.

 

19.   Distinctive garments

   A learner driver who is receiving driver training for a motor cycle or moped shall wear a distinctive red or orange outer garment displaying on the front and back a red “L” sign.

PART IV
Driving Instructor’s Certificate Requirements

 

20.   Driving instructor’s certificate required to instruct learner drivers

   (1) A person shall not instruct or supervise any person in the driving of a motor vehicle on a road in accordance with section 41 of the Act unless the person-

   (a)   holds a valid driving instructor’s certificate;

   (b)   is employed by a driving school;

   (c)   is at least 21 years of age; and

   (d)   has attained a minimum of Junior Certificate.

   (2) Subregulation (1) shall not apply in relation to a-

   (a)   driving instructor employed by the Department; or

   (b)   teacher employed by the ministry responsible for education to provide classroom training.

 

21.   Application for driving instructor’s certificate

   (1) An application for a driving instructor’s certificate shall be made to the Director by filling in the applicable parts in Form DL 12 set out in the Schedule.

   (2) An application for a driving instructor’s certificate under subregulation (1) shall be accompanied by a-

   (a)   police criminal record clearance certificate;

   (b)   certified copy of national identity card where the applicant is a citizen of Botswana or passport where the applicant is not a citizen or resident of Botswana;

   (c)   health form as set out in the Ninth Schedule to the Road Traffic Regulations; and

   (d)   certified copy of academic qualifications.

   (3) An applicant for a driving instructor’s certificate shall-

   (a)   hold a valid driving licence in any classes of A, B, C, D, E, F or H issued in Botswana;

   (b)   have at least two years driving experience in class B driving licence;

   (c)   successfully completed a course of instruction and training;

   (d)   pass examinations set by the Director; and

   (e)   pay the driver training fee set out in the First Schedule to the Road Traffic Regulations.

   (4) An applicant for a driving instructor’s certificate shall undergo a test of knowledge and skills in driving motor vehicles with the following minimum requirements-

   (a)   a theory test in the form of 45 multiple choice questions, with a pass mark of at least 40 correct answers;

   (b)    parking exercises in a closed area; and

   (c)   a road test of at least 45 minutes.

   (5)   The team for practical testing of applicants for driving instructor’s certificate shall be determined by the Director.

 

22.   Issue of driving instructor’s certificate

   (1) Where the Director is satisfied that the applicant complies with the requirements of regulation 22, the Director shall, on payment of a fee of P260 by the applicant, issue a driving instructor’s certificate to the applicant in Form DL 13 set out in the Schedule.

   (2) A driving instructor’s certificate-

   (a)   shall specify the type and licence class of driver training the driving instructor is authorised to give;

   (b)   may be subject to such terms and conditions as the Director considers necessary; and

   (c)   shall remain the property of the Department.

   (3) The Director may reject an application for a driving instructor’s certificate where-

   (a)   within the preceding two years before the application, the applicant was convicted of an offence under the Act;

   (b)   the applicant provides false information in the application; or

   (c)   the applicant refuses to provide information required by the Director.

   (4) Where the Director rejects an application for a driving instructor’s certificate, he shall provide reasons.

 

23.   Renewal of driving instructor’s certificate

   (1) A driving instructor’s certificate may be renewed by application made to the Director by filling in the applicable parts in Form DL 12 set out in the Schedule for a further period of one year from the date of its expiry and thereafter for further periods of one year from the date of each subsequent expiry.

   (2) An application for renewal of a driving instructor’s certificate in terms of subregulation (1) shall be-

   (a)   made not later than 30 days before the date of the expiry of the driving instructor certificate; and

   (b)   accompanied by proof that the applicant attended an annual refresher course referred to in regulation 31.

   (3) Where the applicant complies with the requirements of regulation 22 and has attained a pass mark of at least 55 percent, the Director shall on payment of a fee of P100, endorse such renewal on the driving instructor’s certificate and may attach any conditions to the renewal as he may determine.

   (4) Any application for renewal made to the Director after 30 days of the expiry of the driving instructor’s certificate shall be treated as a new application.

 

24.   Driving instructor’s certificate not transferrable

   (1) A driving instructor’s certificate shall not be hired, ceded, transferred or in any way given to any other person.

   (2) Any person who contravenes subregulation (1) shall be guilty of an offence and liable to a fine of not less than P1000, but not more than P5000, or imprisonment for a term of not less than six months but not more than two years, or to both.

 

25.   Issue of duplicate driving instructor’s certificate

   (1) Any person who applies for the replacement of a driving instructor’s certificate which is lost, destroyed, damaged or defaced in terms of section 41 (14) and (15) of the Act may do so by filling in the applicable parts in Form DL 12 as set out in the Schedule, and on payment of a fee of P100 obtain a duplicate driving instructor’s certificate.

   (2)   Where a driving instructor’s certificate which has been lost and replaced is recovered, the driving instructor shall immediately return the duplicate driving instructor’s certificate to the Director.

 

26.   Suspension or revocation of driving instructor’s certificate

   (1) The Director may suspend a driving instructor’s certificate if-

   (a)   there is non-compliance with any condition of the driving instructor’s certificate;

   (b)   the holder purports to hire, cede or transfer or in any way whatsoever make over the driving instructor’s certificate to any other person; or

   (c)   the holder of the driving instructor’s certificate contravenes the Act.

   (2) The Director may revoke a driving instructor’s certificate where-

   (a)   he reasonably believes that it is in the interest of the public to do so; or

   (b)   the holder of the driving instructor’s certificate repeatedly violates the conditions of the driving instructor’s certificate.

   (3) The Director shall give notice in writing to the holder of a driving instructor’s certificate of the intention to suspend or revoke a driving certificate under subregulations (1) and (2) and shall give reasons for such intention.

 

27.   Driving instructor’s certificate to be produced for inspection

   (1) A holder of a driving instructor’s certificate shall, on demand by a transport inspector, a police officer or any authorised person, produce the driving instructor’s certificate for inspection.

   (2) Any person who fails to produce a driving instructor’s certificate for inspection shall be guilty of an offence and liable to a fine of not less than P1000, but not more than P5 000, or imprisonment for a term of not less than six months but not more than two years, or to both.

 

28.   Driving instructor’s certificates issued outside Botswana

   (1) A person who holds a driving instructor’s certificate issued outside Botswana shall apply to the Director for an authorisation of foreign driving instructor’s certificate in Form DL 11B set out in the Schedule.

   (2) An application under subregulation (1) shall be accompanied by-

   (a)   a certified copy of the foreign issued certificate;

   (b)   a police criminal record clearance certificate from Botswana, where the applicant is a citizen of Botswana or where the applicant is not a citizen or resident of Botswana, from the country where the applicant is a citizen or resides from;

   (c)   certified copy of national identity card where the applicant is a citizen of Botswana, or passport where the applicant is not a citizen or resident of Botswana; and

   (d)   particulars of the preparatory course attended indicating-

      (i)   the year the preparatory course was taken and the course content,

      (ii)   the course sponsor and location,

      (iii)   the length of the course,

      (iv)   the number of hours received during the theory portion of the driving instructor preparatory course,

      (v)   the number of hours received in the car training, and

      (vi)   post course experience.

   (3) Where the Director is satisfied that the information submitted to him meets the requirements and additional driving instructor’s training is not required, the Director may issue an authorisation of foreign driving instructor’s certificate to the applicant in Form DL 11C set out in the Schedule.

   (4) The Director may, if he is of the opinion that additional driving instructor’s training is necessary before the applicant is issued with an authorisation of foreign driving instructor’s certificate, then the Director may direct that such applicant undergo additional driving instructor’s training.

 

29.   Training programme

   A person who applies for a driving instructor’s certificate shall complete a course of study at a recognised driver academy for driving instructors which course of study shall meet, but not limited to the following requirements-

   (a)   a minimum of 20 hours of driving instructor’s training on-

      (i)   the Road Traffic Act and its regulations,

      (ii)   the licencing system,

      (iii)   the highway code and rules of the road, and

      (iv)   insurance matters;

   (b)   a minimum of 120 hours of theory driving instructor’s training on-

      (i)   fitness to drive,

      (ii)   reaction to risks or dangerous situations,

      (iii)   use, risks and importance of traffic routes,

      (iv)   warning signals for speed and distance,

      (v)   traffic controls by traffic lights,

      (vi)   right of way,

      (vii)   traffic controls by the police,

      (viii)   road signs and level crossings,

      (ix)   driving manoeuvres,

      (x)   securing, towing and technical conditions related to parked vehicles, and

      (xi)   passenger and goods transport and combinations of vehicles;

   (c)   a minimum of 10 hours of practical driving instructor’s training in a closed area on-

      (i)   turning in the road,

      (ii)   alley docking in reverse from left and forward from the right side,

      (iii)   parallel parking in reverse from the left side,

      (iv)   angle parking forward from the left side, and

      (v)   incline start;

   (d)   a minimum of 15 hours of practical training inside a built up area;

   (e)   a minimum of four hours outside built up areas;

   (f)   a minimum of two hours training during darkness;

   (g)   a minimum of seven hours in how to teach a learner theory, yard and road training; and

   (h)   a minimum of basic first aid training.

 

30.   Refresher courses

   A driving instructor shall attend, at least once a year, refresher courses, offered seminars, conferences, workshops or special courses in training techniques in order to improve his professional abilities.

 

31.   Motorcycle instructor permit

   (1)    The Director may issue a driving instructor’s certificate that authorises the holder to give driver training in the operation of motorcycles, earthmoving machines or tractors to an applicant where-

   (a)   the applicant has at least two years driving experience as a holder of a licence of class A, F or H; or

   (b)   has a driving licence issued by foreign jurisdiction which, in the Director’s opinion is the equivalent of class A, F, or H operator’s licence.

   (2) The applicant shall provide the Director with a health form as set out in the Ninth Schedule to the Road Traffic Regulations.

PART V
General

 

32.   Director’s powers

   (1)    The Director may at any time review, inquire or investigate as he may consider necessary-

   (a)   the operations of a driving school;

   (b)   the performance of learner drivers of a driving school;

   (c)   the performance of a driving instructor; or

   (d)   a driving school permit or driving instructor’s certificate issued under these Regulations.

   (2) The Director may give general directions regarding the operations of driving schools and the conducting of driving tests including but not limited to the following-

   (a)   the use or non-use of specific practices relating to good driver training or driver examining principles;

   (b)   the use or non-use of specific or general regarding good driving principles; and

   (c)   the use of new training program required by the Department.

   (3) The Director may exercise his powers under subregulation (2) by the issuance of notices in writing and may, in so doing summon driving instructors and holders of driving school permits for meetings at such places as he may designate.

   (4) Any person who fails to comply with a direction issued by the Director under this regulation shall be guilty of an offence and liable to a fine not more than P5000, or imprisonment of a term not more than two years, or to both.

 

33.   Keeping of records

   (1) A holder of a driving school permit shall keep records of the driving school and shall, upon request, make them available to the Director or any authorised person for inspection.

   (2) The Director or any person authorised by the Director may examine the records of the holder of a driving school permit during regular business hours at the place of business of the driving school permit holder.

   (3) The holder of a driving school permit shall produce the permit and all records for examination when requested to do so by the Director or inspectors from the Department.

   (4) The holder of a driving school permit who, without reasonable cause fails or refuses to produce the permit or records for examination when requested to do so under subregulation (3) shall be guilty of an offence and liable to a fine not less than P1000, but not more than P5000, or imprisonment for a term not less than six months but not more than two years, or to both.

 

34.   Disclosure of information

   (1) A holder of a driving school permit shall not disclose personal information about any learner driver to any other person other than the transport inspector or a police officer.

   (2) Notwithstanding subregulation (1), a learner driver may give written consent to the disclosure of his personal information.

 

35.   Submission of information on closure

   (1) A holder of a driving school permit shall, where the driving school ceases to operate-

   (a)   immediately notify the Director, in writing, of the name, address and phone number of the person who will keep the records of the driving school; and

   (b)   return all unused forms and materials relating to the operation of the driving school which were supplied by the Department.

   (2) A holder of a driving school permit named in the notice under subregulation (1) (a) shall keep the records in accordance with regulation 34.

SCHEDULE

Form DL 11
APPLICATION FOR DRIVING SCHOOL PERMIT

(reg.4 (1), reg.6 (1), reg. 7 (1))


(Please tick the applicable box)

Notes:

1.   This application must be signed by the person requiring the permit or, if made by any corporate body or partnership firm, by a duly authorised person in that behalf by such body, or partner of the partnership firm, as the case may be.

2.   All information required below must be given; it is not sufficient to write “as before” etc. Additional information may be given on a separate sheet of paper if there is insufficient room on the form.

Requirements for application

A copy of a valid National ID card (of Applicant and/or Owner)  

Accreditation Certificate (issued by local Accreditation Authority)  

Certified Copy of Company Registration (issued by Registrar of Companies) *where the Applicant is a company *where the Applicant is a Partnership

Consent of the Majority of the Partners, *where the Applicant is a Partnership

INITIAL APPLICATION  

RENEWAL APPLICATION  

DUPLICATE APPLICATION  

BRANCH OFFICE APPLICATION (extension)

 

DRIVING SCHOOL DETAILS

Name of Driving School:............................................................ R.O.C. No:..........................
                                             (Registrar of Companies No.)

Details of the applicant:

Full name of the applicant(s):................................................................................

Identity of the owner(s):............................................................................(Omang for Citizens,

Residence permit/exemption certificate, or authorised representative and passport for non-citizens)

Postal Address........................................................................................................................

Physical Address:....................................................................................................................

Telephone Number:..................................................................................................................

Cell Number:...........................................................................................................................

E-mail address:.......................................................................................................................

The applicant is:

100% foreign owned more than 50% foreign owned   50% citizen/ foreign owned
less than 50% foreign 100% citizen owned

   List of Directors and Shareholders

 

 

 

 

 

 

 

Name 

Contact  

Share % 

      (If additional space is required, please use & attach separate piece of paper)

      Were any of the above individuals previously licensed for a Driving School?

YES  

NO  

If yes, write previous Driving School name:........................................................................

At the previous Driving School indicate your role................................................................

Owner  

Partner  

Instructor  

Freelancer 

   If you no longer hold any position of responsibility at the previous Driving School give reasons

   ..................................................................................................................................

   ..................................................................................................................................

   ..........................................................

   INSURANCE POLICY NUMBER

 

 

 

 

 

 

 

Registration Number 

Make of vehicle

Insurance certificate number 

Colour of vehicle

Chassis number 

   (If additional space is required, please use & attach separate piece of paper)

   I, the undersigned, hereby certify that I am.....................................................................................of the above driving school and that the information contained in this application is true to the best of my knowledge and belief that the said school shall be conducted in full compliance with all applicable laws and regulations governing Driving Schools in Botswana.

   Applicant Name:................................................Signature of Applicant:..........................................

   (Authorised representative)

   NB: False statements are punishable by fine, imprisonment, or both under the law and may result in the Permit being revoked and/or cancelled.

For Official use Only

Application approved

          Application not approved

Reasons if not Approved:

...................................................................................................................................................

...................................................................................................................................................

...................................................................................................................................................

...................................................................................................................................................

(If additional space is required, please use & attach separate piece of paper)

 

Name:........................................................Signature:........................................................

Date:........................................................

Form DL 11A
DRIVING SCHOOL PERMIT

(reg. 5 (1))

 

Republic of Botswana

No   . ...................................Valid from.............................................to...................................

Name of permit holder:..........................................................................................................

Name of Driving School:........................................................................................................

Physical address..................................................................................................................

Postal address.....................................................................................................................

The Driving School is licensed to train the following Classes:

....................................................................................................................:......................

This Driving School permit, entitles the holder thereof to use the authorised vehicles specified below, in accordance with the provisions of the Road Traffic Act. Subject to any other conditions attached to this permit, to train drivers for any class as specified in the application.

 

 

 

 

 

 

 

Registration Number 

 

Make of vehicle

Insurance certificate number 

Colour of vehicle

Chassis number 

Fee paid..........................................................Permit fee receipt No. .............................................

Date stamp

Authorized officer: Name in full.......................................................................................(print names)

Signature:.................................................................

Note: This permit shall be issued only upon presentation of relevant registration documents and valid certificate of roadworthiness certificate.

Endorsements:................................................................................................................................

......................................................................................................................................................

......................................................................................................................................................

Form DL 11 B
APPLICATION FOR AUTHORISATION OF FOREIGN DRIVING INSTRUCTOR’S CERTIFICATE

(reg.28 (1))

 

Notes:

1.   This application must be signed by the person requiring the certificate.

2.   All information required below must be given; it is not sufficient to write “as before” etc. Additional information may be given on a separate sheet of paper if there is insufficient room on the form.

Requirements for application:

   

A copy of a valid National ID card of Applicant for citizens  

A copy of a valid passport  

Proof of stay in a foreign country for citizens  

A copy of a valid residence permit  

A copy of a valid work permit  

A copy of a valid driving license (validated by the issuing authority)  

An offer letter from a recognized prospective employer  

Police clearance certificate from country of origin  

Accreditation Certificate (issued by local Accreditation Authority)

Details of the applicant:

Full name of the applicant:............................................................................................................

Postal Address:   ...........................................................................................................................

Physical Address:........................................................................................................................

Telephone Number:.......................................................................................................................

Cell Number:.................................................................Fax:........................................................

E-mail address:............................................................................................................................

Indicate proposed place of operation...............................................................................................

Indicate the Driving License class(es) certified to instruct:................................................................

I, the undersigned, hereby certify that the information provided in this application is true to the best of my knowledge and shall be in full compliance with all applicable laws and regulations governing Driver Training in Botswana.

Applicant Name:.................................................Signature of Applicant:.........................................

For Official use Only

Application approved         Application not approved

Reasons if not Approved:.........................................................................................................

.............................................................................................................................................

.............................................................................................................................................

 

Name:.....................................Signature:....................................Date:....................................

Form DL 11C
AUTHORISATION OF FOREIGN DRIVING INSTRUCTOR’S CERTIFICATE

(reg. 28 (3))

 
Name of Applicant
Passport Number:  Nationality: 
Gender: 
Date of Issuance:  Place of Issue:
Driving License Number: 
Class of vehicles authorised to train:  Residence Permit Number: 
Authorisation Number: 
Driving School name: 
Place of Operation 
Date of Issue:  Expiry Date

Photograph

*The aforesaid is hereby authorised to use this permit as per Section 41 of the ROAD TRAFFIC ACT as a Driving Instructor in Botswana.

 

 

..........................................................
For/Director                                 

Office stamp

Form DL 12
APPLICATION FOR DRIVING INSTRUCTOR’S CERTIFICATE

(reg. 21 (1), reg. 23 (1))

 

      Notes:

1.   This application must be signed by the person requiring the certificate.

2.   All information required below must be given; it is not sufficient to write “as before” etc. Additional information may be given on a separate sheet of paper if there is insufficient room on the form.

 

   Requirements for application

A copy of a certified valid Driving Licence  

Police clearance certificate (for foreigners from country of origin)  

A copy of Accreditation Certificate (issued by local Accreditation Authority)  

Holding a Driving Licence which is not less than two years in existence  

Minimum of Junior Secondary Certificate (certified copy)

 

Details of the applicant:

Full name of the applicant:......................................................................................................

Postal Address:   ..........................................................................................................................

Physical Address:......................................................................................................................

Telephone Number:..................................................................................................................

Cell Number:.................................................................Fax:.......................................................

E-mail address:..........................................................................................................................

Indicate proposed place of operation:....................................................................................

Indicate the Driving License class(es) certified to instruct.......................

I, the undersigned, hereby certify that the information provided in this application is true to the best of my knowledge and shall be in full compliance with all applicable laws and regulations governing Driver Training in Botswana.

Applicant Name:.............................................Signature of Applicant:.............................................

 

For Official use Only

Application approved        Application not approved

Reasons if not Approved:................................................................................................

.............................................................................................................................................

.............................................................................................................................................

_____________________________________________________________

 

 

Name:...........................................Signature:.........................................Date:..................

Form DL 13

(reg. 22 (1))

Driving Instructor Certificate Road Traffic Act (Cap. 69:01) Section 41
 

Particulars of the person:

Name Surname: 

OMANG 

Postal address: 

 

Name of Driving School: 

Location:

is authorised to train:

Class(es): 

 

 

 

 

Driv. Lie. No 

DRTS Permit No.: 

 

Permit due since: 

 

Expiry date: 

DRTS ACADEMY *Full Course* attended for
Class B 

Date: 

Please inform DRTS about any changes in the above particulars. The permit must be carried whilst providing training.

Photograph

Issued on by:
For/Director of Road Transport and Safety

Form DL 14
SCHEDULE FOR DUAL PEDAL CONTROLS

(reg. 16 (a))

Republic of Botswana

   “Dual control brake” means an extra braking system of a type approved by the Department that is installed in a motor vehicle so that it is-

      (i)   attached to the existing foot brake of the vehicle, and

      (ii)   under the control of a driving instructor on the left front seat of the vehicle;

DUAL PEDAL/ TYPES ACCEPTABLE 

DESCRIPTION 

INSPECTION REQUIREMENTS 

COMMENTS 

•   One control being the brakes only 

•   Be of similar size as those on the driver’s side.


•   Be of non-slippery foot pad. 

•   Ensure that the vehicle complies with all requirements for the modification. 

•   When assessing individual installations, the auxiliary controls must be located as far forward as practicable and able to be operated in a satisfactory and effective manner. 

Three dual pedals

•   Dual control brake for motor vehicles used for Class B driver training.


•   Except as provided in the regulations, a motor vehicle used to provide driver training for a Class B driver’s license must be equipped with a dual control brake. 

•   Prohibit the vehicle(s) if modifications do not comply with requirements.


•   Recommend to operators of vehicles with an unsuitable installation to return to the installer of the dual control assembly. 

•   The range of the passenger side seat adjustment must be taken into consideration.


•   In all instances, the height of the auxiliary pedals and direction of travel must be as similar as is practicable to the driver’s side controls.

{/mprestriction}