Road Traffic (Amendment) Act, 2008 Act 761
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ROAD TRAFFIC (AMENDMENT) ACT, 2008 (ACT 761) ACT 761 REPUBLIC OF GHANA THE SEVEN HUNDRED AND SIXTY-FIRST ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED ROAD TRAFFIC (AMENDMENT) ACT, 2008 AN ACT to amend the Road Traffic Act, 2004 (Act 683) to reduce the penalties for motor traffic offences and for related matters. DATE OF ASSENT: 29th September, 2008. ENACTED by the President and Parliament: Section 1—Road Traffic Act Amended The Road Traffic Act, 2004 (Act 683) is amended by the substitution for the penalties for the offences specified in that Act and listed in cloumn 1 of the Schedule to this Act, of the penalties specified in column 2 of the Schedule to this Act. SCHEDULE Column 1 Column 2 Section Nature of Offence Summary of Details Revised Penalty Units and Fines 1 Dangerous Driving (a) Where (i) no bodily injury, or (ii) a minor bodily injury occurs to a person other than the driver, 1 Penalty Units and Fines 1 Dangerous Driving (a) Where (i) no bodily injury, or (ii) a minor bodily injury occurs to a person other than the driver, 1 (b) where bodily injury of an aggravated nature occurs to a person other than the driver. (c) where death occurs to a person other than the drive (d) where there is damage to state property. A fine of not less than ten penalty units and not exceeding twenty penalty units or imprisonment for a term not exceeding six months or both A minimum fine of twenty-five penalty units and not exceeding fifty penalty units or imprisonment of not less than eight months and not exceeding sixteen months or both. A term of imprisonment of not less than three years and not more than seven years. A fine of not less than ten penalty units and payment for the damage caused in an amount determined by the Court. A Court may on the conviction of a person (a) order payment of appropriate compensation to an injured person or to the estate of that person, or (b) order withdrawal of the driving licence of that person for a period of not less than three years and not more than five years. of that person, or (b) order withdrawal of the driving licence of that person for a period of not less than three years and not more than five years. 3 Careless and inconsiderate driving Driving without due care and attention or reasonable consideration for other persons A fine not exceeding two hundred penalty units or a term of imprisonment not exceeding forty months or both. 4 Driving under influence of alcohol or drugs A person who drives or attempts to drive a motor vehicle on a road while under the influence of alcohol or drugs to a degree as to be incapable of having proper control. A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both. Where (a) bodily injury does not occur, or (ii) a minor bodily injury occurs to a person other than the driver A find not exceeding fifty penalty units or a term of imprisonment not exceeding four months or both. (b) bodily injury of aggravated nature occurs to a person other than the driver A minimum fine of twenty-five penalty units and not more than fifty penalty units or a term of imprisonment of not less than eight months and not exceeding sixteen months or both. 2 enalty units and not more than fifty penalty units or a term of imprisonment of not less than eight months and not exceeding sixteen months or both. 2 (c) death occurs A fine of not less than one hundred penalty units and not exceeding two hundred penalty units or a term of imprisonment for not less than two years and not exceeding forty months or both. 5 Driving when alcohol concentration is above prescribed limit A person who drives or attempts to drive a motor vehicle after consuming a quantity of alcohol to the extent that the proportion of alcohol in the person's blood or urine exceeds the prescribed limits. A fine of not less than fifty penalty units and not exceeding two hundrend penalty units or to a term of imprisonment not exceedig forty months or both. 7 Failure to provide breath for test A person who without reasonable excuse fails to provide specimen of breath. nt not exceedig forty months or both. 7 Failure to provide breath for test A person who without reasonable excuse fails to provide specimen of breath. A fine not exceeding fifty penalty units or to a term of imprisonment not exceeding sixteen months or to both 11 Motor racing A person who promotes or takes part in a race or a trial of speed on a road other than a road authorised for motor racing A fine not exceeding one hundred penalty units or a term of imprisonment not exceeding two years or both 13 Seat belts and other safety equipment A person who does not wear seat belt either at the front or rear seat of a motor vehicle being driven on a road A fine not exceeding ten penalty units or to a term of imprisonment not exceeding four months or to both 14 Carrying of children in motor vehicles A person who drives a motor vehicle on a road where (a) a child of five years or under five years is in the front seat, (b) a child between the ages of five and eighteen years is sitting on the front seat is not wearing a seat belt A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 15 Safety equipment for children in motor vehicles (1) A person who does not comply with the conditions for safety equipments ( 2) a person who fails to wear protective crash helmets of the type prescribed. person who does not comply with the conditions for safety equipments ( 2) a person who fails to wear protective crash helmets of the type prescribed. A fine of fifty penalty units or a term of imprisonment not exceeding sixteen months or both 3 A fine of fifty penalty units or a term of imprisonment not exceeding sixteen months or both 3 A fine of not less than ten penalty units and not more than twenty penalty units or a term of imprisonment not exceeding six months or both 16 Wearing of protective crash helmets A person who sells or offers for sale a crash helmet not prescribed by regulations. A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 17 Regulation of equipment (1) A person who uses an unprescribed equipment whilst riding or being ridden on a motor cycle on a road. (2) A person who sells or offers for sale an unprescribed equipment. unprescribed equipment whilst riding or being ridden on a motor cycle on a road. (2) A person who sells or offers for sale an unprescribed equipment. A fine not exceeding ten penalty units or a term or imprisonment not exceeding four months or both 19 Prohibition of parking of motor vehicles A person who parks wholly or partly (a) on a verge or shoulder of a road, (b) on land situated between two carriage ways and which is not a footpath (c) on a foot path, (d) on a pedestrain crossing (e) on a place reserved for physically challenged person A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 20 Prohibition of driving or parking on cycle tracks A person without lawful authority drives, rides or parks, wholly or partly on a cycle track A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 21 Leaving vehicles or trailers in dangerous positions A person in charge of a motor vehicle who causes, or permits the vehicle or a trailer drawn by it to remain at rest in circumstances that constitute a danger or causes injury to other persons on the road A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 22 Causing danger to road users A person who without lawful authority or reasonable excuse (a) causes anything to be on or over a road, (b) interferes with a motor vehicle, trailer or cycle, or (c) interferes directly or indirectly with traffic equipment where it would be obvious to a reasonable person to be dangerous A fine of twenty-five penalty units or to a term of imprisonment not exceeding eight months or both 23 Restriction of carriage of persons on motor bicycles A person who carries another person on a motor cycle which is not constructed or adapted for the carriage of more than one person A fine of twenty-five penalty units or a term of imprisonment not exceeding eight months or both 4 or adapted for the carriage of more than one person A fine of twenty-five penalty units or a term of imprisonment not exceeding eight months or both 4 24 Restriction of the carriage of persons on bicycles A person who carries any other person on a bicycle which is not constructed or adapted for the carriage or more than one person A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 26 Holding or getting on a motor vehicle while the motor vehicle is in motion ( 1) a person who without lawful authority or reasonable excuse, takes or retains hold of, or gets on to or alights from a motor vehicle or a trailer while the motor vehicle or trailer is in motion on a road ( 2) a person who for the purpose of being drawn, takes or retains hold of a motor vehicle or trailer while the motor vehicle is in motion on a road A fine of ten penalty units or a term of imprisonment not exceeding four months or both 27 Drivers to comply with traffice directions A person driving a motor vehicle, riding a motor cycle or bicycle who neglects or refuses to obey a police officer or an authorised person engaged in regulation of traffic on a road A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 28 Drivers to comply with traffic signs A person who whilst driving a motor vehicle, riding a motorcycle or bicycle fails to comply with the indication given by a traffic sign of a prescribed size colour and type or of an other character authorised by the authority which has been lawfully placed on or near a road. affic sign of a prescribed size colour and type or of an other character authorised by the authority which has been lawfully placed on or near a road. A fine of ten penalty units or a term of imprisonment not exceeding four months or both 29 Directions to pedestrains (1) A person who ignores direction by a police officer or authorised person giving directions ( 2) A person who jay walks or ignores a traffic signal A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both A fine of two and half penalty units or a day's imprisonment 30 Dangerous Cycling (1) A person who rides a cycle dangerously on a road (2) A person who does not use a cycle track provided A fine not exceeding ten penalty units or a term of imprisonment not exceeding eight months or both A fine of twenty-five penalty units or to a term of imprisonment not exceeding one day 31 Careless and inconsiderate cycling A person who rides a cycle on a road or at a place without due care and attention or without reasonable consideration for other persons using the road or place A fine of ten penalty units or a term of imprisonment not exceeding four months or both 32 Cycling under influence of alcohol or drugs A person who rides a cycle on a road in an unfit state caused by the use of alcohol or drugs to the extent of being incapable of controlling the cycle A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 5 being incapable of controlling the cycle A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 5 34 Electricity assisted pedal cycles (2) A person (a) under 18 years who drives an electricity assisted pedal cycle on a road, or (b) who knowing or suspecting that another person is under 18 years, causes or permits that other person to drive a pedal cycle on a road A fine not exceeding fifteen penalty units or a term of imprisonment not exceeding two months or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding two months or both 35 Prohibition of driving motor vehicles anywhere other than on roads A person who drives a vehicle on land which is not a road or on a road which is a footpath or pedestrian walkway A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 41 Using an unregistered vehicle or trailer A person who uses or keeps an unregistered vehicle or trailer which is not an exempt motor vehicle or trailer A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 42 Failure to return registration document The registered owner or a person in possessin of a registration document who fails to return them when required to do so by the Licensing Authority A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding sixteen months or both 43 Not fixing registration number An owner of a motor vehicle or trailer being used or kept on a road, who fails to fix a registration number prescribed by Registration A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 44 Obscured registration number The owner of a motor vehicle which is being used or kept on the road who permits a registration number fixed on the motor vehicle or trailer to be obscured or rendered or allowed to become not easily distinguishable A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 50 Misuse of trade licence A person woh holds a trade licence or trade licences and uses (a) at any one time on a road, a greater number of motor vehicles than the person is authorised to use by virtue of the trade licence or licences. ses (a) at any one time on a road, a greater number of motor vehicles than the person is authorised to use by virtue of the trade licence or licences. (b) a motor vehicle on a road for a purpose other than the purpose prescribed by Regulations, or (c) the trade licence or any of the trade licences to keep on a road in circumstances other than the prescribed circumstances a motor vehicle which is not being used on that road A fine of not less than fifty penalty units and not exceeding one hundred penalty units or a term of imprisonment not exceeding two years or both 53 Driving licences A person who drives a motor vehicle of any description or class on a road without a driving licence that authorises that person to drive a motor vehicle of that decription 6 otor vehicle of any description or class on a road without a driving licence that authorises that person to drive a motor vehicle of that decription 6 or class A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 57 Requirement as to physical fitness (4) A person who fails to deliver to the Licensing Authority a driving licence belonging to that person where that licence has been revoked ( 5) A person who is licensed and authorised to drive a motor vehicle of any class and who drives a motor vehicles of that class on a road where that person knowingly made a false declaration in the application on the basis which the licence was granted. A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both For a first offence a fine of not less than five penalty units and not exceeding twenty-five penalty units or a term of imprisonment not exceeding twelve months or both and for a subsequent offence to a fine of not less than ten penalty units and not more than fifty penalty unitis or a term of imprisonment of not less than six months and not exceeding twelve months or both. en penalty units and not more than fifty penalty unitis or a term of imprisonment of not less than six months and not exceeding twelve months or both. 59 Provision of information A licence holder who fails to notify the licensing Authority of a disability which is likely to after the licence holder's ability to drive and which the licence holder is required to disclose to the Authority. A fine of not less than ten penalty units and not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 60 Driving after refusal or revocation of licence A person who drives a motor vehicle in respect of which a licence has been refused or revoked A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 61 Driving with uncorrected defective eyesight (1) A person who fails to comply with a requirement as to eyesight for the purpose of a test of competence to drive and who drives a motor vehicle ( 2) A person who fails to submit to an eye test demanded by a police officer. ( 3) A person who refuses to submit to a test A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding ten penalty units or a term of imprisonment not exceeding two months or both 7 of imprisonment not exceeding eight months or both A fine not exceeding ten penalty units or a term of imprisonment not exceeding two months or both 7 A fine not exceeding ten penalty units or a term or imprisonment not exceeding two months or both 63 A licence granted in error A person who fails to surrender a licence granted in error after notice to return the licence has been given to that person or fails to surrender a licence after the name and address of the holder as specified in the licence have ceased to be correct. n given to that person or fails to surrender a licence after the name and address of the holder as specified in the licence have ceased to be correct. A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or to both 67 Obtaining licence or driving while disqualified A person who obtains a driving licence or drives a motor vehicle on the road while disqualified from holding or obtaining a licence A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 68 Driving Schools A person who operates a driving school which has not been registered by the Licensing Authority Suspension of registration of the school, or a fine not exceeding two hundred and fifty penalty units or a term of imprisonment not exceeding forty months or both 69 Driving Schools A person who acts as a driving instructor where that person (a) has not passed the prescribed examination; (b) does not hold a current driving licence; (c) is not mentally and physically sound, or (d) is not registered. ot passed the prescribed examination; (b) does not hold a current driving licence; (c) is not mentally and physically sound, or (d) is not registered. A fine not exceeding one hundred penalty units or a term of imprisonment not exceeding two years or both 71 Display or registration certificate A person who fails to display in the course of instruction an instructors identity card issued by the licensing authority A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 76 Offences in respect of register (1) a person whose name is not in the register but who A fine not exceeding twenty-five penalty units or a term or imprisonment not exceeding eight months or both (a) takes or uses a title, (b) wears or displays a badge or certificatae, or (c) takes or uses any name, title, addition or description which suggests that that person's name is in the register A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 8 nment not exceeding eight months or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 8 (2) A person who advertises or issues invitatoin calculated to mislead the public or carries on the business of providing instructions in the driving of motor vehicles and who (a) uses a title a description for another person employed by that person which suggests that that other person's name is in the register when that other person's name is actually not in the register, A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding twenty-five penalty units or to a term of imprisonment not exceeding eight months or both 77 Surrender of certificates or licences Where a person whose name has been removed from the register fails to surrender the certificates to the Driver and Vehicle Licensing Authority within fourteen days after written notification from the Licencing Authority A fine not exceeding twenty-five penalty units or to a term of imprisonment not exceeding eight months or both 78 Production of certificate to police officer and authorized person A person who fails to produce a certificate or licence for examination on request by a police officer or a person authorised by the Licensing Authority A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 80 Use of vehicle in a dangerous condition A person who causes or permits another person to use a motor vehicle or trailer on a road where (a) the condition of the motor vehicle or trailer or of its accessories or equipment (b) the purpose for which it is used, (c) the number of passengers carried by it or the manner in which they are carried (d) the weight, position or distribution of its load, or manner in which it is secured is such that the use of the motor vehicle or trailer poses a danger of injury to a person or damage to property. oad, or manner in which it is secured is such that the use of the motor vehicle or trailer poses a danger of injury to a person or damage to property. A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 9 mprisonment not exceeding six weeks or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 9 A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 82 contravention of requirement for brakes, steering A person who uses a vehicle with defective brakes, tyres and steering gear A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or to both Where person 83 Failure to comply with requirements for weights of commercial vehicles (a) contravenes or fails to comply with a construction and use requirement for brakes, steering gear, (b) uses on a road, a motor vehicle or a trailer which does not comply with the requirement or causes or permits a motor vehicle to be used. or (c) uses or permits to be used on a road, a motor vehicle or a trailer, the tyres of which are not of the required specification for the vehicle or trailer or that are worn out. sed on a road, a motor vehicle or a trailer, the tyres of which are not of the required specification for the vehicle or trailer or that are worn out. A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 85 Carriage and labelling of hazardous goods A person who carries hazardous goods by road without distinctly labelling the goods in the prescribed manner on the outside of the outer most package that contains the goods. A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 88 Contravention of other construction and use requirements A person who (a) contravenes or fails to comply with a construction or use requirement other than within sections 82 (1) (a) in 83 (i) (a), or (b) uses on a road a motor vehicle or trailer which does not comply with the requirement or causes or permits a motor vehicle or trailer to be so used. 10 uses on a road a motor vehicle or trailer which does not comply with the requirement or causes or permits a motor vehicle or trailer to be so used. 10 A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 94 Road use certificate A person who (a) drives or uses, or (b) permit any other person to drive or use a motor vehicle without a valid road use certificate A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 97 Using vehicle with anauthorised weights as well as authorised weights marked on it The driver and any person having custody or control of a cargo vehicle which has had the prescribed weight altered or which carries load or persons in excess of the prescribed weight or number A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding six weeks or both 99 Testing of condition of motor vehicles on roads A person who obstructs a police officer or a vehicle examiner in carrying out a test or fails to comply with a requirement under his section 100 Examination of commercial vehicles A person who fails to allow a vehicle to be examined when a vehicle examiner or police officer has requested for the examination A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding ten penalty units or a term of imprisonment not exceeding eight months or both 104 Offences in respect of road worthy and overloaded motor vehicle A person who drives a motor vehicle in contravention or a prohibition, causes a motor vehicle to be driven in contravention of a prohibition, or fails to comply with a direction issued by a person authorised to issue the direction within a reasonable time. in contravention of a prohibition, or fails to comply with a direction issued by a person authorised to issue the direction within a reasonable time. A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 107 Fitting and supply of defective or unsuitable vehicle parts A person who (a) supplies or fits a motor vehicle part to a motor vehicle, or (b) causes or permits a motor vehicle part to be fitted to a motor vehicle 11 son who (a) supplies or fits a motor vehicle part to a motor vehicle, or (b) causes or permits a motor vehicle part to be fitted to a motor vehicle 11 in circumstances where the use of the motor vehicle on a road would because of the part fitted, involve a danger or injury to a person or damage to property (4) A person who obstructs a vehicle examiner from carrying out a test or examination of a vehicle under subsection (2) or (3) A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding twenty-five penalty units or to a term of imprisonment not exceeding eight months or to both. not exceeding eight months or both A fine not exceeding twenty-five penalty units or to a term of imprisonment not exceeding eight months or to both. 108 Weighting of motor vehicle A person in charge of a motor vehicle who (a) refuses or neglects to allow a vehicle or a trailer drawn by it to be weighed, or obstructs an authorized person in the exercise of the person's functions under this section A fine not exceeding twenty-five penalty units or to a term of imprisonment not exceeding eight months or both 109 Certificate of weight Where a motor vehicle and a trailer if any is found to be overloaded and the person in charge of the vehicle fails to pay the penalty charge imposed under sub-section (3) (b) A fine not exceeding twenty-five penalty units or to a term of imprisonment not exceeding eight months or both 110 Offences to do with tail lamps and cycles A person who sells or offers for sale an appliance adapted for use as a reflector or tail lamp to be carried on a motor vehicle not being the appliance which complies with the construction and use requirements applicable to the class of motor vehicles, trailer or cycle for which the appliance is adapted 12 complies with the construction and use requirements applicable to the class of motor vehicles, trailer or cycle for which the appliance is adapted 12 A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or to both 112 Licensing of drivers of commercial vehicles A person who drives a commercial vehicle without the relevant licence with respect to that vehicle 116 Revoked or suspended licences, surrender, return and endorsement A holder of a licence who without reasonable excuse fails to surrender a revoked lincence after notice requiring the surrender has been served on the holder. r of a licence who without reasonable excuse fails to surrender a revoked lincence after notice requiring the surrender has been served on the holder. A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or to both 119 Power of police officer and other authorized persons A driver of a motor vehicle or a rider of a cycle who fails to stop the motor vehicle or cycle when a police officer or a person authorised by the Minister requests the driver or rider to stop A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 120 Power of police officers and vehicle examiners to require production of driving licences Where a person required by a police officer or a vehicle examiner under this section to produce a licence or a certificate of completion of a training course for drivers of motor vehicles fails to do so A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 121 Power of police officer to obtain particulars of drivers and to require production of evidence of insurance and road use certificates. ths or both 121 Power of police officer to obtain particulars of drivers and to require production of evidence of insurance and road use certificates. (2 ) A person (a) who drives a motor vehicle other than an invalid carriage on a road, (b) whom a police officer has reasonable cause to believe to have been the driver of a motor vehicle other than an invalid carriage at a time when an accident occurred owing to the presence of the motor vehicle on a road, or (c) whom a police officer or vehicle examiner has reasonable cause to believe to have committed an offence in relation to the use of a motor vehicle other than an invalid carriage on a road fails and on request by a police officer to provide that person's name and address. 13 use of a motor vehicle other than an invalid carriage on a road fails and on request by a police officer to provide that person's name and address. 13 A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 3. A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 3. A person (a) who supervises the holder of a learner's licence while the holder is driving a vehicle other than an invalid carriage on a road, or (b) whom a police officer or examiner has reasonable cause to believe was supervising the holder of a learner's licence who was driving at a time when an accident occured owing to the presence of a motor vehicle on a road or at a time when an offence is suspected to have been committed by the holder of the learner's licence, in relation to a motor vehicle on the road and who fails to give that person's name and address and the name and address of the owner of the motor vehicle on being required to do so by a police officer or vehicle examiner A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both 122 Power to arrest for dangerous or careless driving or cycling A person who drives a commercial vehicle (a) recklessly or dangerously (b) carelessly, or (c) under the influence of alcohol or drugs and who when arrested without a warrant by a police officer or a person other than a police officer in whose presence the offence was committed, refuses to give his or his name and address and other informationor gives a false name or address or information on demand by the person effecting the arrest. to give his or his name and address and other informationor gives a false name or address or information on demand by the person effecting the arrest. 123 Failure to give particulars A driver of a motor vehicle or a cycle who is alleged to have committed an offence but refuses when required by an authorised person to give that driver's or riders name or address or gives a false name or address A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both 124 Duty of a driver to stop, report accident and give information or documents Where the presence of a motor vehicle on a road causes an accident in which (a) there is personal injury to a person other than the driver of that motor vehicle, or (b) damage is caused 14 on a road causes an accident in which (a) there is personal injury to a person other than the driver of that motor vehicle, or (b) damage is caused 14 (i) to a motor vehicle, other than that motor vehicle or trailer drawn by that motor vehicle, (ii) to a domestic animal other than a bird and an animal in a cage in or on that motor vehicle or a trailer drawn by that vehicle, or (iii) to any other property constructed or fixed to, growing in or otherwise forming part of land on which the road in question is situated or land adjacent to the land and the driver of the motor vehicle fails (d) on request by a person who has reasonable grounds to make the request, to stop and give the driver's name and address, the name address of the owner of the motor vehicle and the identification marks of the motor vehicle (e) on request by a person to whom injury has been caused or where the injured person is unconscious or where the injury to the person appears to endanger life to attend to the injured person, to procure for the person's medical attention and to procure where necessary the person's removal to a hospital, or (f) to report the accident to a police station within forty-eight hours or if the accident occurred in a municipal area within twenty-four hours. 15 r (f) to report the accident to a police station within forty-eight hours or if the accident occurred in a municipal area within twenty-four hours. 15 A fine not exceeding fifty penalty units or a term of imprisonment not exceeding eight months or both 125 Duty of owner of motor vehicle to give information for verifying compliance with requirement of compulsory insurance An owner of a motor vehicle who fails to viesic information for verifying the requirement of compulsory insurance 126 False statements and withholding material information (1) A person who makes a false statement to obtain the grant or renewal of licence, prevent the grant or renewal of a licence, secure the imposition of a retention or limitation to a licence; (2) A person who suplies information, makes a statement or produces, provides, sends or otherwise makes use of a document that person knows to be false in matrial paticular A fine not exceeding fifty penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding fifty penalty units or a term of imprisonment not exceeding eight months or both 127 Issue or tender of false documents A person who issues or tenders (a) a certificate of insurance; (b) a road use certificate, (c) a plating certificate, (d) a certificate of temporary exemption, and (e) a notice removing a prohibition under this Act. ) a road use certificate, (c) a plating certificate, (d) a certificate of temporary exemption, and (e) a notice removing a prohibition under this Act. A fine not exceeding fifity penalty units or a term of imprisonment not exceeding eight months or both 16 A fine not exceeding fifity penalty units or a term of imprisonment not exceeding eight months or both 16 128 Power to seize articles in respect of which offences may have been committed A person who obtains unlawful possession of a document siezed by a police officer or a vehicle examiner on account of a reasonable belief that an offence has been committed in relation to the document 129 Impersonation A person who falsely poses as an employee of the Licensing Authority 130 Taking motor vehicle or cycle without authority 1. A person who (a) takes and drives away a motor vehicle without the consent of the owner of the vehicle or other lawful authority, or (b) knowing that a motor vehicle has been taken without the owner's consent drives it or allows himself or herself to be carried in it without the consent or authority, or (c) without the consent of the owner or other lawful authority enters a motor vehicle or tampers with the motor vehicle or any part of it. thority, or (c) without the consent of the owner or other lawful authority enters a motor vehicle or tampers with the motor vehicle or any part of it. A fine not exceeding fifity penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding fifty penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding fifty penalty units or a term of imprisonment not exceeding eight months or both 131 Forgery of licence A person who (a) without authority prints, manufactures, or procures a licence, or identification mark or a document in relation to a licence or identification mark or facilitates the production of a licence, identification mark or document. (b) forges or defaces, alters, multilates or adds anything to a licence or identification, 17 roduction of a licence, identification mark or document. (b) forges or defaces, alters, multilates or adds anything to a licence or identification, 17 (c) exhibits or uses a licence which has been forged, defaced, altered, mutilated or added to, (d) lends or allows to be used by a person other than the owner, a licence or identification mark, (e) uses on one vehicle a licence or identification mark pertaining to another vehicle, or (f) uses a driving licence which belongs to another person or exhibits or uses a licence or uses any colourable imitation of a licence. A fine not exceeding fifty penalty units or a term of imprisonment not exceeding eight months or both A fine not exceeding fifty penalty units or a term of imprisonment not exceeding eight months or both -do -do -do -do- General penalties Where a person commits an offence under Act 683 for which a penalty has not been prescribed (i) For a first offence a fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both. (ii) For a subsequent offence a fine of not less than ten penalty units and not exceeding fifty penalty units or term of imprisonment of not less than four months and not exceeding eight months or both. Date of Gazette Notification: 3rd October, 2008 18
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