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, Suppliers and Embossers of Identification 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) Order
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
(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 IIA
Personalised Identification Number
10A. Application for personalised identification number
10B. Issuance of personalised identification number
10C. Validity of personalised identification number
10D. Renewal of personalised identification plate
10E. Qualifying vehicle
10F. Types of personalised identification number
10G. Transfer of personalised identification number in case of change of ownership
10H. Transfer of personalised identification number between motor vehicles of title holder or owner
10I. Appeal
10J. Offences and penalties
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 authorised, 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
99A. ...
99B. Sharing of seats not allowed
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,
S.I. 50, 2018,
S.I. 74, 2021,
S.I. 82, 2021,
S.I. 126, 2022,
S.I. 98, 2024.
PART I
Preliminary (regs 1-4)
These Regulations may be cited as the Road Traffic Regulations.
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;
"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 minimised;
"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.
The Fees set out in the First Schedule hereto shall be payable in regard to the respective matters therein contained.
(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)
(1) The registration number of a motor vehicle or trailer, other than a Government, a Botswana Defence Force, a diplomatic vehicle, a vehicle assigned a personalised identification number 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.
(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—
(i) made from aluminium, which shall be fixed on the front elevation thereof and one on the rear elevation thereof,
(ii) in an upright position,
(iii) with the following dimensions and size—
(aa) 520 mm x 113 mm,
(bb) 440 mm x 120 mm,
(cc) 250 mm x 205 mm, and (dd) 250 mm x 165 mm,
(iv) written in bold Arial font not exceeding size 24,
(v) bearing the national flag on the top left comer which shall be 26 mm in height and 39 mm in width,
(vi) with a machine-readable seal on the top left corner immediately below the letters "BW" of the approving body symbolising the ceitification of compliance and reference number of such manufacturer for traceability purposes, and
(vii) the letters "BW" on the top left corner, which shall be 26 mm in height and 39 mm in width, immediately below the national flag and above the readable seal of the approving body,
(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 not be less than 75mm in height, and every part of such letters and numerals shall not be less than 9 mm and not more than 12 mm broad, and shall be so arranged that the total width taken by each letter or numeral, except the numeral "1", shall not be less than 32 mm and not more than 39 mm;
(k) the space between adjoining letters and numerals shall not encroach on a non-background graphic image;
(l) the width and spaces—
(i) between outside edges of the number plate and the first and last character shall not be less than 15 mm,
(ii) between rows of characters on a number plate that bears a double row of characters shall be 10 mm ± 1 mm,
(iii) that separate adjacent groups of letters and numerals shall be a minimum of 10 mm, and
(iv) between adjacent letters in groups of letters, and the width of spaces between adjacent numbers in groups of numbers shall be equal, subject to a tolerance of ± 1mm;
(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.
(3) A person who immediately before the commencement of these Regulations was issued with a vehicle registration plate number shall comply with regulation 6 within a period of 24 months from commencement of these Regulations.
(4) Subject to the provisions of this regulation, where a motor vehicle uses electrical or hydrogen power, the plate shall be made in accordance with Schedule 3 of these Regulations and shall have—
(a) a green line around the plate creating a boarder around the plate;
(b) the letters "EV" affixed within a green triangle shaped label at the bottom right comer, where the motor vehicle is an electronic vehicle;
(c) the letter "H" affixed within a green pentagon shaped label at the bottom right corner where the motor vehicle is a hydrogen vehicle; and
(d) a green boarder around the machine-readable seal.
(5) Any person who fails to comply with this regulation commits an offence and is liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding six months, or to both.
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.
(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 IIA
Personalised Identification Number (regs. 10A-10J)
10A. Application for personalised identification number
(1) A person who wishes to use a class 2 or class 4 personalised identification number shall apply to the Director, the application shall be accompanied by a non-refundable application fee.
(2) The Director shall, on receipt of an application under subregulation (1), consider whether a personalised identification number applied for—
(a) would be considered obscene, profane, indecent immoral or would offend public morals or decency;
(b) is similar to a homophone or a replica of a personalised identification number that has already been allocated by the Director;
(c) falsely suggests an association with a public institution or a government or government agency;
(d) is duplicative of any licence plate already issued;
(e) consists of language that encourages violence or an unlawful activity;
(f) makes a derogatory or discriminatory reference to age, race, ethnicity, sex, sexual orientation, gender identity, religion, national origin, physical or mental disability;
(g) connotes genitalia or relates to sexual acts;
(h) infringes on copyright, trademarks and patent legislation; or
(i) forms a slang term in any language, abbreviation, phonetic spelling or mirror image of a word or term described in this subregulation.
(3) The Director shall, after considering the application in accordance with subregulation (2)—
(a) by Notice in the Gazette, publish approved personalised identification number within 14 days of approval; or
(b) refuse the application and notify the applicant, in writing, stating the reasons for refusing the application and that the applicant may re-apply for a personalised identification number with condition that a new application fee shall not be payable.
(4) A person who objects to a proposed name for a personalised identification number may notify the Director in writing, within 14 days of publication of the Notice under regulation (3)(a).
10B. Issuance of personalised identification number
(1) The Director shall, where there is no objection under regulation 10A(4) issue an approval letter to the applicant, indicating that the proposed personalised identification number is approved.
(2) An applicant shall, within 21 days of receipt of an approval letter, submit the approval letter with the appropriate fee set out in the First Schedule to a licensing officer.
(3) An applicant who fails to pay the fee under subregulation (2) within 21 days of receipt of the approval letter, shall have his allocation of the personalised identification number automatically expire, and the Director shall notify the public of the available name by Notice in the Gazette.
(4) A licensing officer shall, on receipt of the approval letter and a fee set out in the First Schedule in subregulation (2) issue a—
(a) personalised identification confirmation note;
(b) update the register of motor vehicles in terms of section 5 of the Act; and
(c) work order on the approved form and forward it to a number plate manufacturer, supplier or embosser.
(5) A number plate manufacturer, supplier or embosser, shall, on receipt of the work order under subregulation (4), manufacture, supply or emboss and return the completed personalised identification plate to the licensing officer.
(6) The licensing officer shall, on receipt of a personalised identification plate, notify the applicant that the personalised identification plate has been manufactured, supplied or embossed and can be collected as soon as practical.
(7) A licensing officer shall, on collection of a personalised identification plate, issue the applicant with a—
(a) personalised identification motor vehicle licence;
(b) registration book; and
(c) personalised identification plates.
(8) An applicant shall on collection of a personalised identification plate under subregulation (6) surrender his previous registration book and licence disk to the licensing officer.
(9) A person shall display the personalised identification plate in accordance with section 11 of the Act.
10C. Validity of personalised identification number
A personalised identification number issued under these Regulations shall be valid for a period of 12 months from the date of issue of a vehicle road licence.
10D. Renewal of personalised identification plate
(1) A person may renew a personalised identification number at least 60 days before date of expiry of the personalised identification plate.
(2) A renewal under subregulation (1) shall be accompanied by a renewal application fee as set out in First Schedule.
(3) Where a renewal is made after the expiry of the personalised identification number, the Director may renew the personalised identification plate subject to the payment of a penalty fee.
(4) A penalty payable in accordance with subregulation (3) shall be a sum equal to one-twelfth of the amount paid for the personalised identification plate by the number of months which have elapsed since the date on which the validity of the personalised identification plate expired, calculated to the nearest Pula.
(5) The penalty payable under this regulation shall accumulate for a period of three months, after which the personalised identification number shall automatically be de-linked.
(6) The Director shall notify a person whose personalised identification plate has been automatically de-linked under subregulation (5) in writing, within seven days of de-linking.
(7) A person notified of a de-linking under subregulation (6) shall within five days of receipt of notification return the personalised identification plate and the registration book to the Director.
(8) The Director shall notify the public of the available de-linked name by Notice in the Gazette.
(1) A person with a vehicle registered in Botswana shall be eligible to apply for a personalised identification number.
(2) Notwithstanding the provisions of subregulation (1) the following shall not qualify for the use of a personalised identification plate—
(a) Botswana Government vehicle with a BX number;
(b) Botswana Defence Force vehicle;
(c) diplomatic vehicle; and
(d) public service vehicle (passenger).
10F. Types of personalised identification number
(1) A vehicle with a designated personalised identification plate shall bear one of the following registration numbers—
(a) class 1, which shall have one number or letter;
(b) class 2, which shall have two numbers or letters or one number and one letter and shall start with the letter;
(c) class 3, which shall have reserved names; or
(d) class 4, which shall bear names or numbers with a minimum of three characters.
(2) For purposes of this regulation—
(a) "reserved names" shall be names auctioned by the Director to the highest bidder on a date, time and place published in the Gazette; and
(b) the number "0" and letter "O" shall not be used in combination with either a number or a letter, for a class 2 designated personalised identification plate.
(3) A personalised identification plate under—
(a) class 1 and class 3 shall be issued and auctioned by the Director; and
(b) class 2 and class 4, an application shall be made to the Director.
(4) A personalised identification plate shall—
(a) be on a reflective white background with black lettering or numbers which shall be displayed at the rear and front;
(b) have a maximum of six alphanumeric characters except class 1 and class 2;
(c) have a machine-readable seal and the national flag as set out in the Third Schedule;
(d) have the letters "BW" as set out in the Third Schedule;
(d) be a secondary number in terms of registration;
(e) not be used interchangeably with the registration number; and
(f) not be transferable where a holder is deceased.
(5) Subject to the provisions of this regulation, where a motor vehicle uses electrical or hydrogen power, the plate shall be made in accordance with Schedule 3 of these Regulations and shall have—
(a) a green line around the plate creating a boarder around the plate;
(b) the letters "EV" affixed within a green triangle shaped label at the bottom left corner, where the motor vehicle is an electronic vehicle;
(c) the letter "H" affixed within a green pentagon shaped label at the bottom left corner where the motor vehicle is a hydrogen vehicle; and
(d) a green boarder around the machine-readable seal.
(6) A holder of a personalised identification plate shall, where a personalised identification plate is lost, damaged or deformed, apply to the Director for authorisation for the re-manufacturing, supplying or embossing of a personalised identification plate accompanied by a replacement fee.
(7) A vehicle with a personalised identification plate may be required to undergo a roadworthiness test prior to renewal.
10G. Transfer of personalised identification number in case of change of ownership
(1) An owner of a vehicle with a personalised identification number, may—
(a) where there is a change of ownership—
(i) retain the personalised identification number for allocation by the Director to a vehicle to which he holds title; or
(ii) transfer the personalised identification plate to the person to whom ownership is being transferred; or
(b) transfer the personalised identification plate to an owner of a different qualifying motor vehicle.
(2) An owner who wishes to retain a personalised identification number under subregulation (1)(a) shall apply to the Director for the retention of the personalised identification plate.
(3) The Director shall, on receipt of an application under—
(a) subregulation (2) grant the retention of the personalised identification number for 90 days, reckoned from the dale of receipt of the application on condition that—
(i) the applicant may, where he becomes an owner or title holder of a motor vehicle, register and license the motor vehicle within 21 days reckoned from the date of becoming an owner or title holder of a motor vehicle, and
(ii) where the applicant does not become an owner or title holder of a motor vehicle, the right to the personalised identification number expires and the applicant is not entitled to a refund;
(b) subregulation (1)(b)—
(i) allocate the personalised identification number to the motor vehicle, and
(ii) update the register.
(4) An owner of a personalised identification number allocated from a transfer under subregulation (1)(b) shall register and license the motor vehicle.
10H. Transfer of personalised identification number between motor vehicles of title holder or owner
(1) An owner of a personalised identification number who wishes to transfer the personalised identification number to another motor vehicle which he is the owner of shall apply to the Director.
(2) An application under subregulation (1) shall be accompanied by a transfer fee.
(3) The Director shall, on receipt of an application under subregulation (1), if satisfied that the application complies with these Regulations—
(a) allocate the personalised identification number to the motor vehicle; and
(b) update the register.
A person who is dissatisfied with a decision of the Director under this Part may, within 21 days from date of receipt of a decision, appeal, in writing to the Minister and shall serve a copy of the appeal on the Director.
(1) A person who contravenes the provisions of these Regulations commits an offence and shall be liable to a fine of not exceeding P5000 or to imprisonment for a term not exceeding six months, or to both.
(2) The Director may revoke a personalised identification plate where there is reasonable grounds to believe that an owner allowed another person to use a personalised identification number on a different vehicle without authorisation.
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 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 subregulations (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 (Cap. 61:02), 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) Any person who, without reasonable excuse fails to renew his or her license before the date of expiry of the licence shall be liable to a fine set out in the First Schedule for every day or part of the day, excluding weekends and holidays on which the contravention continues:
Provided that such contravention shall not exceed P1000 in total.
(11A) The Director may exempt a person from the provisions of subparagraph (11) where—
(a) the holder of the licence has been ill and not fit to drive and is able to produce a valid medical report to that effect;
(b) the holder of the licence was remanded;
(c) the holder of the licence was out of the country; and
(d) the driving licence was suspended.
(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 person shall be liable to a fine set out in the First Schedule on the holder excluding weekends and public holidays that the PrDP is not renewed:
Provided that such contravention shall not exceed P500 in total.
(14A) The Director may exempt a person from the provisions of subparagraph 11(14) where—
(a) the holder of the PrDP has been ill and not fit to drive and is able to produce a valid medical report to that effect;
(b) the holder of the PrDP was remanded;
(c) the holder of the PrDP was out of the country; and
(d) the driving licence was suspended.
(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 subregulation (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 holders driving licence or embassies of non Southern African Development Community (SADC) countries in Botswana to authenticate the 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 before 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;
(d) a health declaration form prescribed under the Ninth Schedule for applicants over the age of 65 years; and
(e) a letter in English confirming that the driving licence was obtained during residence of at least 185 consecutive days in the issuing country.
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.
(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 (Cap. 61:02) 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).
(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 authorises 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 (Cap. 61:02).
(4) The applicant shall, following the medical examination referred to in subregulation (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 subregulation (2)(d) shall be conducted while the trailer is attached to the drawing vehicle.
(8) The test referred to in subregulation 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) ...
(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 subregulation (2)(b) shall be forfeited, unless he furnishes sufficient explanation to the satisfaction of the licensing officer why it should not be so forfeited.
(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.
(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 subregulation (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.
(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.
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.
(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.
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.
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.
(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.
(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.
(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 authorised 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.
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.
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.
(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.
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.
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 extinguished, light is emitted from two fog lamps or parking lamps complying with the provisions of regulations 40 and 41 respectively.
(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.
(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.
(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.
(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.
(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).
(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.
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.
(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.
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.
(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.
(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.
(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.
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 authorised, prohibited
No lamp other than a lamp prescribed or authorised 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)
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.
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.
(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.
(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 | |||
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.
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.
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.
99B. Sharing of seats not allowed
A public transport operator shall ensure that a seat on a public service vehicle is not shared:
Provided that—
(a) a child or infant may share a seat with their parent, guardian or person responsible for their care; and
(b) no standing shall be allowed.
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,. 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.
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 (Cap. 63:01).
PART XI
Motor-Omnibuses (regs 106-119)
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.
(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.
(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.
(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.
(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.
(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.
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.
The passenger compartment and all the steps and stairs of a motor-omnibus shall be fitted with suitable means of illumination by diffused light.
(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.
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.
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