Road Traffic (Amendment) Act, 2022.

Road Traffic (Amendment) [No. 8 of 2022 93
Enactment
Short tittle
Act No. 11
of 2002
Amendment
of section 2
An Act to amend the Road Traffic Act, 2002. [ 9th August, 2022
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Road Traffic (Amendment)
Act, 2022, and shall be read as one with the Road Traffic Act,
2002, in this Act referred to as the principal Act. 2.

as the Road Traffic (Amendment)
Act, 2022, and shall be read as one with the Road Traffic Act,
2002, in this Act referred to as the principal Act. 2.

The principal Act is amended in section 2 by—
(a) the deletion of the definitions of—
“ authorised officer ”, “ contract car ”, “hire car”,
“motor cycle” and “public service vehicle” and
the substitution therefor of the following
definitions in the appropriate places in
alphabetical order:
“ authorised officer ” means a police officer, road
traffic inspector, or law enforcement officer of
the Drug Enforcement Commission or Anti-
Corruption Commission, designated as an
authorised officer for the purposes of this Act
and includes any other suitably qualified person
declared by the Minister, by statutory instrument,
as an authorised officer;
“ contract car ” means a motor vehicle primarily
constructed or adapted for the carriage of
passengers and having seating accommodation
for not more than seven persons other than the
driver, which is let out on hire to a hirer who is
to drive oneself or who shall provide a driver
for that motor vehicle;
GOVERNMENT OF ZAMBIA
ACT
No. 8 of 2022
Date of Assent: 9th August, 2022

who is
to drive oneself or who shall provide a driver
for that motor vehicle;
GOVERNMENT OF ZAMBIA
ACT
No. 8 of 2022
Date of Assent: 9th August, 2022

94 No.

94 No.

8 of 2022] Road Traffic (Amendment)
“ hire car ” means a public service vehicle having
seating accommodation for more than seven
persons, other than the driver, which is let with
a driver, under contract for the carriage of
passengers otherwise than at separate fares;
“motor cycle” means any motor vehicle—
(a) carried on two wheels only and
includes any motor vehicle with a side
car or similar attachment and an auto
cycle;
(b) carried on three wheels only; or
(c) which has four wheels and is
designed to be driven by the type of
controls usually fitted to a motor
cycle, and includes a quadra cycle;
and
“ public service vehicle ” means a motor vehicle
including a trailer, which—
(a) is licensed under Part VIII of this
Act for conveying passengers with
or without goods; or
(b) plies for hire or reward or is let out
for hire or reward for conveyance
of passengers;
(b) the insertion of the following new definitions in the
appropriate places in alphabetical order:
“ associate ” has the meaning assigned to the word
in the Anti-Corruption Act, 2012;
“ Board ” means the Board of the Agency
constituted under section 5;
“ cabotage ” means the loading and offloading of
passengers or goods or both between two or
more points in the Republic by a foreign carrier;
“ demerit point ” means a penalty point that is
imposed on a driver who is convicted of a driving
related offence that has an associated demerit
point;
“ embosser ” means a person who embosses an
allocated registration mark and number of a
motor vehicle on a blank number plate;
“ emergency rescue vehicle ” means a vehicle that
is designated and authorised to respond to an
emergency;
Act No.

or vehicle on a blank number plate;
“ emergency rescue vehicle ” means a vehicle that
is designated and authorised to respond to an
emergency;
Act No.

3 of
2012

3 of
2012

Road Traffic (Amendment) [No.

Road Traffic (Amendment) [No.

8 of 2022 95
“ Emoluments Commission ” means the
Emoluments Commission established under the
Constitution;
“ goods vehicle road service licence ” means a
licence authorising the use of a motor vehicle
for carriage of goods on a road—
(a) for hire or reward; or
(b) for trade or business;
“ honorary road traffic inspector ” means a person
appointed as an honorary road traffic inspector
under section 226A;
“ legally disqualified ” means the absence of legal
capacity as provided under section 4 of the
Mental Health Act, 2019;
“ plying for hire or reward ” includes—
(a) parking at a designated taxi rank;
(b) offering for hire by notice,
advertisement, announcement or any
other means; or
(c) parking or travelling while exhibiting
a “For Hire” notice of any kind;
“ port of entry ” means a border post or an airport
through which a vehicle is brought into the
Republic;
“ Presidential motorcade ” includes the motorcade
for the Vice-President;
“ probationary driving licence ” means a licence
issued to a certified learner driver for a period
of one year from the date of certification after
a driving test;
“ public service vehicle road service licence ”
means a road service licence authorising the
use of a public service vehicle;
“ related company ” has the meaning assigned to
the words in the Companies Act, 2017;
“ relative ” has the meaning assigned to the word
in the Anti-Corruption Act, 2012;
Act No.

meaning assigned to
the words in the Companies Act, 2017;
“ relative ” has the meaning assigned to the word
in the Anti-Corruption Act, 2012;
Act No.

6
of 2019
Cap. 1
Act No. 10
of 2017
Act No. 3 of
2012

6
of 2019
Cap. 1
Act No. 10
of 2017
Act No. 3 of
2012

96 No. 8 of 2022] Road Traffic (Amendment)
“ restricted goods vehicle road service licence ”
means a road service licence under which a
goods vehicle is used on a road for the carriage
of goods for, or in connection with, any trade or
business carried on by the holder of the licence,
other than that of carrying goods for hire or
reward;
“ scooter ” means a two wheeled vehicle with a
step through chassis and footrest platform;
“ standard goods vehicle road service licence ”
means a road service licence under which a
goods vehicle may be used on a road for the
carriage of goods—
(a) for hire or reward; and
(b) for or in connection with, any trade
or business carried on by the holder
of the licence;
“ third country rule ” means the conveyance of
goods or passengers using a foreign registered
vehicle from a point within the Republic to third
country without passing through the country of
registration of the vehicle; and
“ vehicle in transit ” means a motor vehicle that is
not meant for use in the Republic and which is
transported or transhipped through the Republic
from one country to another. 3.

a motor vehicle that is
not meant for use in the Republic and which is
transported or transhipped through the Republic
from one country to another. 3.

Section 4(2) of the principal Act is amended—
(a) in paragraph (f), by the insertion of the words “and
cycling” immediately after the word “motor”;
(b in paragraph (h), by the deletion of the word “may” and
the substitution therefor of the word “shall”; and
(c) by the insertion of the following new paragraph
immediately after paragraph (m):
(n) review and publish reports on road traffic
congestion in the Republic and make
recommendations to the Road Development
Agency and a local authority to ease the
congestion. Amendment
of section 4

ongestion in the Republic and make
recommendations to the Road Development
Agency and a local authority to ease the
congestion. Amendment
of section 4

Road Traffic (Amendment) [No. 8 of 2022 97
4. The principal Act is amended by the repeal of section 5 and
the substitution therefor of the following:
5. (1) There is constituted a Board of the Agency which
consists of the following part time members appointed by the
Minister:
(a) a representative each of the—
(i) Zambia Chartered Institute of Logistics and
Transport;
(ii) Zambia Agency for Persons with Disabilities;
and
(iii) Attorney-General;
(b) a person nominated from an association representing
transporters;
(c) a person nominated from an association representing
passengers;
(d) a representative of the ministries responsible for—
(i) transport;
(ii) home affairs with experience and knowledge in
matters of road traffic and enforcement; and
(iii) local government;
(e) the Director of the Road Development Agency, as an
ex-officio;
(f) the Director of the National Road Fund Agency, as an
ex-officio; and
(g) one person with knowledge and experience in road
transport or road safety management. (2) The members referred to under subsections (1) (a), (b),
(c) and (d) shall be nominated by their respective institutions,
organisations or ministries.

The members referred to under subsections (1) (a), (b),
(c) and (d) shall be nominated by their respective institutions,
organisations or ministries.

(3) The Director of the Road Development Agency and the
Director of the National Road Fund Agency referred to under
subsection (1)(d) and (e) shall have no vote. (4) The Chairperson of the Board shall be appointed by the
Minister. Repeal and
replacement
of section 5
Board of
Agency

) and (e) shall have no vote. (4) The Chairperson of the Board shall be appointed by the
Minister. Repeal and
replacement
of section 5
Board of
Agency

98 No. 8 of 2022] Road Traffic (Amendment)
(5) The Vice-Chairperson of the Board shall be elected by the
members of the Board from among themselves. (6) A person shall not be appointed as a member of the Board
if that person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of
a member; or
(d) is convicted of an offence and sentenced to imprisonment
for a term exceeding six months without the option of a
fine. (7) The First Schedule applies to the Board. 5. The principal Act is amended by the insertion of the following
new sections immediately after section 5:
5A. (1) Subject to the other provisions of this Act, the Board
shall provide strategic policy direction to the Agency. (2) Despite the generality of subsection (1), the functions of
the Board are to—
(a) promote good governance of the Agency;
(b) formulate the policies, programmes and strategies of
the Agency;
(c) approve the annual work plan and activity reports of the
Agency;
(d) approve the annual budget estimates and financial
statement of the Agency; and
(e) monitor and evaluate the performance of the Agency
against budgets and plans. 5B.

nual budget estimates and financial
statement of the Agency; and
(e) monitor and evaluate the performance of the Agency
against budgets and plans. 5B.

(1) The Board may, by direction in writing and conditions
that the Board considers necessary, delegate any of the Board’s
functions to the Director. (2) A delegation made under subsection (1) shall not prevent
the Board from performing the function so delegated. (3) The Minister may give the Board general or specific
directions relating to the performance of the Board’s functions and
the Board shall give effect to those directions to the extent that
those directions are not inconsistent with this Act. Insertion of
sections 5A,
5B and 5C
Functions of
Board
Delegation
of functions
of Board

tent that
those directions are not inconsistent with this Act. Insertion of
sections 5A,
5B and 5C
Functions of
Board
Delegation
of functions
of Board

Road Traffic (Amendment) [No. 8 of 2022 99
5C. (1) There is established a Committee of Ministers
comprising the—
(a) minister responsible for transport, as Chairperson;
(b) minister responsible for public roads, as Vice—
Chairperson; and
(c) ministers responsible for—
(i) finance;
(ii) local government;
(iii) home affairs;
(iv) agriculture; and
(v) tourism. (2) The Agency shall report to the Committee of Ministers on
matters relating to transport management initiatives of the Republic
at intervals that the Minister may determine. 6. The principal Act is amended by the repeal of section 6 and
the substitution therefor of the following:
6. (1) The Board shall appoint a Director who shall be
the chief executive officer of the Agency and, subject to the
direction and control of the Board, be responsible for the day-
to-day administration of the Agency. (2) The Director shall attend meetings of the Board as
an ex-officio member and may address those meetings, but
shall not vote on any matter. (3) The Board shall appoint a Secretary and other staff
that may be necessary for the performance of the functions
of the Board.

t vote on any matter. (3) The Board shall appoint a Secretary and other staff
that may be necessary for the performance of the functions
of the Board.

(4) The Secretary shall perform corporate secretarial
duties for the Board and other functions that the Board may
determine under the direction of the Board and the Director. (5) The Emoluments Commission shall, on the
recommendation of the Board, determine the emoluments of
the Director, Secretary and other staff. (6) The Board shall determine the conditions of service,
other than emoluments, of the Director, Secretary and other
staff. Committee
of Ministers
Repeal and
replacement
of section 6
Director,
Secretary
and other
staff

emoluments, of the Director, Secretary and other
staff. Committee
of Ministers
Repeal and
replacement
of section 6
Director,
Secretary
and other
staff

100 No. 8 of 2022] Road Traffic (Amendment)
7. Section 8 (2) of the principal Act is amended by the deletion
of the word “book” wherever it appears and the substitution therefor
of the word “certificate”. 8. The principal Act is amended by the repeal of section 10
and the substitution therefor of the following:
10. (1) Despite the other provisions of this Act, where a
motor vehicle is imported into the Republic, the owner or
person in charge of the motor vehicle shall produce, to a
customs officer at a port of entry, a declaration under the
Customs and Excise Act, in respect of the motor vehicle. (2) The customs officer shall issue a customs clearance
certificate if the declaration produced under subsection (1)
complies with the Customs and Excise Act. (3) The owner or person in charge of a motor vehicle
shall present the motor vehicle and customs clearance
certificate issued under subsection (2) to an Interpol officer
at the port of entry for verification of the engine number,
chassis number, colour and any other identification of the motor
vehicle, and the Interpol officer shall, if satisfied with the
authenticity of the motor vehicle, issue an Interpol Clearance
Certificate.

f the motor
vehicle, and the Interpol officer shall, if satisfied with the
authenticity of the motor vehicle, issue an Interpol Clearance
Certificate.

(4) A motor vehicle imported into the Republic for use
shall be registered at the port of entry in accordance with
section 11. (5) Despite subsection (4), the following are exempt from
the requirement to register a motor vehicle at the port of
entry into the Republic:
(a) a holder of a motor vehicle dealer’s licence issued
under section 45, who imports the motor vehicle
into the Republic for resale;
(b) a motor vehicle imported by a diplomat or
diplomatic mission accredited to the Republic; and
(c) a motor vehicle authorised by the Director to be
registered in the Republic. (6) A person who is exempted from the requirement to register a
motor vehicle at a port of entry under subsection (5) shall be issued
with a temporary registration certificate in accordance with this
Act. Amendment
of section 8
Repeal and
replacement
of section 10
Requirements
for clearance
of motor
vehicle
Cap. 322
Cap. 322

in accordance with this
Act. Amendment
of section 8
Repeal and
replacement
of section 10
Requirements
for clearance
of motor
vehicle
Cap. 322
Cap. 322

Road Traffic (Amendment) [No. 8 of 2022 101
(7) Where a motor vehicle is acquired in the Republic, the
person who acquires the motor vehicle shall, within thirty days of
the acquisition, present the vehicle together with the letter of sale,
the change of ownership certificate and the registration document
of the motor vehicle or ownership certificate to the Zambia Police
Service for clearance. (8) A person who contravenes subsections (1), (3) or (7) or
who presents a false declaration to a customs officer or an
authorised officer commits an offence and is liable, on conviction,
to a fine not exceeding fifty thousand penalty units or to imprisonment
for a term not exceeding six months, or to both. 9.

is liable, on conviction,
to a fine not exceeding fifty thousand penalty units or to imprisonment
for a term not exceeding six months, or to both. 9.

Section 13 of the principal Act is amended—
(a) in subsection (1)(a), by the insertion of the words “of
obtaining Zambia Police Service clearance” immediately
after the words “fourteen days”;
(b) by the insertion of the following new subsection
immediately after subsection (1):
(2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, in the case of a—
(a) first offence, to a fine not exceeding five
thousand penalty units; and
(b) in the case of a second or subsequent offence,
to a fine not exceeding ten thousand penalty
units.;
(c) in subsection (2), by the insertion of the words “Subject
to section 13A,” immediately after figure “(2)”;
(d) in subsection (4), by the deletion of the words
“subsections (1) and (2)” and the substitution therefor
of the words “subsection (1) and (3);
(e) in subsection (5), by the deletion of the words “subsection
(4)” and the substitution therefor of the words
“subsection (5)”; and
(f) by the renumbering of subsections (2), (3), (4), (5), (6)
and (7) as subsections (3), (4), (5), (6), (7) and (8),
respectively. 10.

tion (5)”; and
(f) by the renumbering of subsections (2), (3), (4), (5), (6)
and (7) as subsections (3), (4), (5), (6), (7) and (8),
respectively. 10.

The principal Act is amended by the insertion of the
following new section immediately after section 13:
Amendment
of section
13
Insertion of
section 13A

principal Act is amended by the insertion of the
following new section immediately after section 13:
Amendment
of section
13
Insertion of
section 13A

102 No. 8 of 2022] Road Traffic (Amendment)
13A. (1) A licensing officer shall, on receipt of an
application for registration of a new owner, conduct a search
in the Collateral Registry to determine whether a security
interest has been registered in respect of a specified motor
vehicle. (2) Subject to subsection (1), where a search in the
Collateral Registry reveals that a security interest is
registered against a vehicle which is the subject of an
application for registration of a new owner, a licensing
officer shall not process the transaction unless the security
interest in the Collateral Registry is discharged. (3) A person who intends to purchase a motor vehicle
may search the Collateral Registry to ascertain whether a
specified motor vehicle is subject to a security interest under
the Moveable Property (Security Interest) Act, 2016. (3) For the purposes of this section, “Collateral
Registry” and “security interest” have the meanings
assigned to the words in the Movable Property (Security
Interest) Act, 2016. 11.

tion, “Collateral
Registry” and “security interest” have the meanings
assigned to the words in the Movable Property (Security
Interest) Act, 2016. 11.

Section 16 of the principal Act is amended—
(a) in subsection (1), by the insertion of the words “Subject
to section 10” immediately after figure “(1)”; and
(b) in subsection (3), by the deletion of paragraph (a) and
the substitution therefor of the following:
(a) cause the details of the temporary registration
cards to be embossed as a registration mark
and number, on a registration plate, which shall
be affixed to the motor vehicle or trailer as
prescribed. 12. Section 20 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) A licensing officer shall, before registering a motor
vehicle or trailer, cause the motor vehicle or trailer to be
examined by a vehicle examiner to—
(a) verify the particulars entered on the application
form; and
(b) ensure that the specifications of the motor vehicle
or trailer and condition of the motor vehicle or trailer
comply with the requirements of this Act. Act No. 3 of
2016
Amendment
of section 16
Security
interest in
motor
vehicle
Act No. 3 of
2016
Amendment
of section 20

h the requirements of this Act. Act No. 3 of
2016
Amendment
of section 16
Security
interest in
motor
vehicle
Act No. 3 of
2016
Amendment
of section 20

Road Traffic (Amendment) [No. 8 of 2022 103
13. Section 27 of the principal Act is amended by the—
(a) deletion of subsection (2); and
(b) renumbering of subsection (3) as subsection (2). 14. Section 28 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) A person who manufactures a blank number plate,
or an embosser shall obtain a permit from the Director
and comply with terms and conditions that may be
prescribed. 15. Section 38 of the principal Act is repealed. 16. The principal Act is amended by the repeal of section 39
and the substitution therefor of the following:
39. (1) A motor vehicle or trailer licence shall be in
force until, in the case of—
(a) an annual licence, the last day of a twelve month
period from the date of first registration of the
motor vehicle or trailer;
(b) a half yearly licence, the last day of a six month
period from the first day when the licence is issued;
and
(c) a quarterly licence, the last day of a three month
period from the first day of the quarter in which
the licence is issued.

licence is issued;
and
(c) a quarterly licence, the last day of a three month
period from the first day of the quarter in which
the licence is issued.

(2) Despite subsection (1), a motor vehicle or trailer shall have
a twelve-month cycle of licensing from the date of first registration. (3) Where a person has an outstanding offence under this Act,
the Agency shall not process a motor vehicle or trailer licence or
issue a test certificate or certificate of fitness in respect of the
motor vehicle or trailer involved in the commission of the offence
until the owner of the motor vehicle or trailer furnishes information
required in section 215. 17. Section 42 of the principal Act is amended by the repeal
of subsections (3) and (4). 18. Section 45 of the principal Act is amended by the deletion
of the words “dealer in” and the substitution therefor of the words
“dealer in, an assembler”. Amendment
of section
27
Amendment
of section
28
Repeal of
section 38
Repeal and
replacement
of section
39
Duration of
licence
Amendment
of section 42
Amendment
of section
45

Amendment
of section
28
Repeal of
section 38
Repeal and
replacement
of section
39
Duration of
licence
Amendment
of section 42
Amendment
of section
45

104 No. 8 of 2022] Road Traffic (Amendment)
19. Section 46 of the principal Act is amended by the insertion
of—
(a) figure “(1)” immediately after figure “46”; and
(b) the following new subsections:
(2) The Minister may, on the recommendation of
the Agency, prescribe the procedure for applying
for a motor vehicle dealers licence and the use
of a motor vehicle or trailer under the licence. (3) A dealer in, an assembler, or manufacturer of,
motor vehicles and trailers who causes, permits
or uses a motor vehicle in contravention of this
Act commits an offence and is liable, on
conviction, in the case of a—
(a) first offence, to a fine not exceeding
one thousand five hundred penalty units;
and
(b) second or subsequent offence, to a fine
not exceeding three thousand penalty
units. 20. Section 48 (1) of the principal Act is amended by the
deletion of the words “until the next following 31st December” and
the substitution therefor of the words “and shall be valid for a period
of twelve months from the date of its issue”. 21. The principal Act is amended by the repeal of section 56
and the substitution therefor of the following:
56.

e months from the date of its issue”. 21. The principal Act is amended by the repeal of section 56
and the substitution therefor of the following:
56.

(1) A person shall not drive a motor vehicle unless that
person is a holder of a driving licence authorising that person to
drive a motor vehicle of the class or description to which the licence
relates. (2) A person shall not permit or employ a person to drive a
motor vehicle on a road unless that person is the holder of a
probationary driving licence or driving licence issued under this
Act. (3) A person who applies for a driving licence shall first be
issued with a probationary driving licence and, on the expiry of a
probationary driving licence, that person shall be issued with a
driving licence authorising that person to drive a motor vehicle of a
class or description, as prescribed. Amendment
of section 46
Amendment
of section 48
Repeal and
replacement
of section 56
Driver of
motor vehicle
to be licenced

escription, as prescribed. Amendment
of section 46
Amendment
of section 48
Repeal and
replacement
of section 56
Driver of
motor vehicle
to be licenced

Road Traffic (Amendment) [No. 8 of 2022 105
(4) Despite subsection (3), the Director may, where a holder
of a probationary driving licence fails to comply with the conditions
applicable to the probationary driving licence, extend the
probationary period, for successive periods of three months until
the conditions are complied with. (5) The Minister may, on the recommendation of the Agency,
prescribe, by statutory instrument, conditions applicable to a
probationary driving licence. (6) Subsection (2) does not apply to a person holding a foreign
driving licence, who submits an application for the issuance of a
driving licence under this Act. (7) A person holding a foreign driving licence referred to under
subsection (6) shall be entitled to submit an application for issuance
of a driving licence if that person has held the foreign driving
licence for at least one year at the time of the application.

pplication for issuance
of a driving licence if that person has held the foreign driving
licence for at least one year at the time of the application.

(8) A person who contravenes subsections (1) or (2) commits
an offence and is liable, on conviction, in the case of a—
(a) first offence, to a fine not exceeding three thousand
penalty units or to imprisonment for a term not exceeding
six months; or
(b) second or subsequent offence, to a fine not exceeding
six thousand penalty units or to imprisonment for aterm
not exceeding six months, or to both. (9) This section does not apply to a person who is the holder
of an international driving permit, other driving licence or permit
issued outside the Republic, a military driving licence, or the
equivalent of the licence or permit, which is prescribed under this
Act, to have effect within the Republic as if it was a driving licence
issued in accordance with section 59 or 61. (10) A motor vehicle which is driven on a road by a person
who is not the holder of a valid probationary driving licence or a
driving licence authorising that person to drive a motor vehicle of
that class or description may be impounded by a road traffic
inspector in uniform, or by a police officer.

ing that person to drive a motor vehicle of
that class or description may be impounded by a road traffic
inspector in uniform, or by a police officer.

(11) On the issuance of a driving licence to a person, a driving
licence previously issued to that person, under this Act shall become
void in so far as it may authorise the holder to drive a motor vehicle
in the Republic.

previously issued to that person, under this Act shall become
void in so far as it may authorise the holder to drive a motor vehicle
in the Republic.

106 No. 8 of 2022] Road Traffic (Amendment)
22. Section 64 of the principal Act is amended—
(a) in subsection (1)—
(i) by the insertion of the following new paragraph
immediately after paragraph (c):
(d) to drive a taxicab or any other motor vehicle
used for hire or reward with seating capacity
not exceeding seven passengers including the
driver, unless the person has attained the age of
twenty years; and
(ii) by the renumbering of paragraph (d) as
paragraph (e);
(b) by the insertion of the following new subsection
immediately after subsection (1):
(2) A driving licence issued to a person who has
attained the age specified under subsection
(1)(d), shall be endorsed with an appropriate
professional driving permit.; and
(c) by the renumbering of subsections (2) and (3) as
subsections (3) and (4), respectively. 23. The principal Act is amended in Part VIII by the repeal of
the heading and the substitution therefor of the following:
PART VIII
LICENSING OF PASSENGER PUBLIC SERVICE VEHICLES AND GOODS VEHICLE
24. The principal Act is amended by the repeal of sections
100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 and the
substitution therefor of the following:
100.

Act is amended by the repeal of sections
100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 and the
substitution therefor of the following:
100.

(1) Subject to Part X, a person shall not use, or
cause or permit to be used, a motor vehicle for the purpose
of standing or plying for hire or as a public service vehicle
unless there is a valid road service licence authorising the
use of the motor vehicle for the purpose of standing or
plying for hire or as a public service vehicle. (2) A person who contravenes subsection (1) commits
an offence and is liable, on conviction, in the case of a—
Amendment
of section 64
Repeal and
replacement
of heading to
Part VIII
Repeal and
replacement
of sections
100, 101, 102,
103, 104, 105,
106, 107, 108,
109 and 110
Use of
vehicles as
public service
vehicles

ng to
Part VIII
Repeal and
replacement
of sections
100, 101, 102,
103, 104, 105,
106, 107, 108,
109 and 110
Use of
vehicles as
public service
vehicles

Road Traffic (Amendment) [No. 8 of 2022 107
(a) first offence, to a fine not exceeding one thousand
five hundred penalty units; and
(b) second or subsequent offence, to a fine not
exceeding three thousand penalty units. (3) It shall be presumed, unless the contrary is proved, that a
motor vehicle was used for the purpose of standing or plying for
hire, or as a public service vehicle, where a—
(a) person is charged with using a motor vehicle in
contravention of subsection (1); or
(b) police officer or road traffic inspector reasonably
suspects that a motor vehicle was being used for purposes
of standing or playing for hire or as a public service, or
for the purposes of carriage of persons. (4) A taxicab shall not, unless the taxicab has a meter, operate
from a taxi rank. (5) A taxicab—
(a) with a meter shall operate from a taxi rank prescribed
by a city, municipal or township council established under
the Local Government Act, 2019; and
(b) without a meter shall operate along prescribed routes
which shall be endorsed on a road service licence, at
the time of issue, by the Director. 101.

) without a meter shall operate along prescribed routes
which shall be endorsed on a road service licence, at
the time of issue, by the Director. 101.

(1) A person shall not, without a goods vehicle
road service licence, use a motor vehicle as a goods vehicle
for—
(a) hire or reward; or
(b) in connection with trade or business. (2) Subsection (1)(b) does not apply to—
(a) the use of not more than five goods vehicles, for,
or in connection with, trade or business; and
(b) the use of any motor vehicle as prescribed. (3) Where a person uses more than five goods vehicles
for, or in connection with, business or trade, all the vehicles
shall be under a road service licence. (4) A person who uses a motor vehicle in contravention
of this section commits an offence and is liable, on
conviction, in the case of a—
Act No. 2 of
2019
Use of motor
vehicle as
goods vehicle

ntravention
of this section commits an offence and is liable, on
conviction, in the case of a—
Act No. 2 of
2019
Use of motor
vehicle as
goods vehicle

108 No. 8 of 2022] Road Traffic (Amendment)
(a) first offence, to a fine not exceeding three thousand
penalty units; and
(b) second or subsequent offence, to a fine not
exceeding six thousand penalty units. (5) A motor vehicle shall, unless the contrary is proved,
be presumed to be used as a goods vehicle, where a—
(a) person is charged with using a motor vehicle in
contravention of the provisions of this section; or
(b) police officer or road traffic inspector observes
that the motor vehicle on two or more occasions
in the circumstances that cause the police officer
or road traffic inspector to reasonably suspect that
the motor vehicle was being used in contravention
of this section. (6) A goods vehicle road service licence may be a
standard or restricted licence. (7) A person may use a goods vehicle for hire or
reward under a restricted licence if the goods concerned
are the property of a company which is a related company.

may use a goods vehicle for hire or
reward under a restricted licence if the goods concerned
are the property of a company which is a related company.

(8) Subject to subsection (7), a person who uses or
permits to be used a goods vehicle under a restricted licence
for hire or reward commits an offence and is liable, on
conviction, in the case of a—
(a) first offence, to a fine not exceeding ten thousand
penalty units; and
(b) second or subsequent offences, to a fine not
exceeding twenty thousand penalty units. 102. (1) Subject to this Part, a motor vehicle authorised
to be used under a public service vehicle road service
licence or a goods vehicle road service licence is a—
(a) motor vehicle, belonging to, or in the possession
of, the holder of the road service licence and
specified in that road service licence;
(b) motor vehicle, belonging to the holder of the road
service licence under a hire purchase agreement,
and specified in the road service licence;
Authorised
motor
vehicles

onging to the holder of the road
service licence under a hire purchase agreement,
and specified in the road service licence;
Authorised
motor
vehicles

Road Traffic (Amendment) [No. 8 of 2022 109
(c) motor vehicle belonging to, or in the possession of,
the holder of the road service licence under an
agreement for hire purchase, hire or loan, and
specified in that road service licence; and
(d) trailer belonging to, or in the possession of, the
holder of the road service licence under an
agreement for hire purchase, hire or loan and
specified in that road service licence. (2) A public service vehicle road service licence, or a
goods vehicle road service licence, shall not be issued in
respect of a motor vehicle that is not registered in the
Republic. (3) A motor vehicle specified in an operator’s public
service vehicle road service licence, or a goods vehicle
road service licence, shall not be registered under another
licence.

in an operator’s public
service vehicle road service licence, or a goods vehicle
road service licence, shall not be registered under another
licence.

(4) The Director may vary a public service vehicle
road service licence, or goods vehicle road service licence,
by directing that a motor vehicle specified in the public
service vehicle road service licence or a goods vehicle
road service licence be removed from it, where it comes
to the knowledge of the Director that the vehicle specified
in that licence—
(a) has ceased to be used under the road service
licence; or
(b) is specified in another operator’s public service
vehicle road service licence or goods vehicle road
service licence. 103. (1) A person shall not use or cause or permit to
be used on a road, a motor vehicle authorised under section
102 except in accordance with the terms and conditions of
a public service vehicle road service licence, or goods
vehicle road service licence, authorising the use of that
motor vehicle. (2) A person who contravenes subsection (1) commits
an offence and is liable, on conviction, in the case of a—
(a) first offence, to a fine not exceeding three thousand
penalty units; and
(b) second or subsequent offence, to a fine not
exceeding seven thousand five hundred penalty
units.

e not exceeding three thousand
penalty units; and
(b) second or subsequent offence, to a fine not
exceeding seven thousand five hundred penalty
units.

Terms of
public
service
vehicle road
service
licence or
goods
vehicle road
service
licence

Terms of
public
service
vehicle road
service
licence or
goods
vehicle road
service
licence

110 No. 8 of 2022] Road Traffic (Amendment)
Person
required to
hold public
service
vehicle road
service
licence or
goods vehicle
road service
licence
104. (1) A person required to hold a public service
vehicle road service licence or goods vehicle road service
licence in respect of an authorised vehicle under section
102 is—
(a) the person in whose name the vehicle is registered,
if the vehicle is on hire to another person for a
purpose other than the conveyance by that other
person of passengers or goods for hire or renewal;
or
(b) in any other case, the person using the motor
vehicle. (2) A public service vehicle road service licence or
goods vehicle road service licence shall not be transferred
or assigned.

using the motor
vehicle. (2) A public service vehicle road service licence or
goods vehicle road service licence shall not be transferred
or assigned.

(3) Despite subsection (2), the Minister may, by
statutory instrument, in consultation with the Agency, make
Regulations for taking over the business of the holder of a
public service vehicle road service licence, or goods vehicle
road service licence for the time that may be specified, to
use the vehicle authorised in the licence in the event of the
death, incapacity, bankruptcy or liquidation of the holder,
or the appointment of a receiver or manager in relation to
the business. (4) A person who contravenes this section commits
an offence and is liable, on conviction, in the case of a—
(a) first offence, to a fine not exceeding three thousand
penalty units; and
(b) second or subsequent offence, to a fine not
exceeding seven thousand five hundred penalty
units. 105. (1) A holder of a public service vehicle road
service licence, or goods vehicle road service licence, shall
give notice to the Director on any material alteration, other
than by way of replacement of parts, made to the structure
of fixed equipment of an authorised motor vehicle specified
in the licence. (2) A person who contravenes this section commits
an offence. Notice to
Director of
alteration of
motor
vehicle

otor vehicle specified
in the licence. (2) A person who contravenes this section commits
an offence. Notice to
Director of
alteration of
motor
vehicle

Road Traffic (Amendment) [No. 8 of 2022 111
106. (1) Despite any other provisions contained in this
Part, in the event of a breakdown or other unforeseeable
emergency, the holder of a public service vehicle road
service licence, or goods vehicle road service licence, may
temporarily substitute a motor vehicle which is not an
authorised motor vehicle under a public service vehicle
road service licence or goods vehicle road service licence
for an authorised motor vehicle. (2) The holder of a public service vehicle road service
licence shall, within twenty four hours of making a
temporary substitution under subsection (1), notify the
Director of the substitution, and the vehicle so substituted
shall not be used as an authorised vehicle for a period longer
than seven days without the consent of the Director. (3) A person who contravenes this section commits
an offence. 107.

ed vehicle for a period longer
than seven days without the consent of the Director. (3) A person who contravenes this section commits
an offence. 107.

(1) Subject to subsection (4), a person who intends
to operate a public service vehicle or a goods vehicle shall
apply to the Director in the prescribed manner and form,
on payment of a prescribed fee for a—
(a) public service vehicle road service licence;
(b) goods vehicle road service licence; or
(c) variation of public service vehicle road service
licence or goods vehicle road service licence.

icence;
(b) goods vehicle road service licence; or
(c) variation of public service vehicle road service
licence or goods vehicle road service licence.

(2) The Director shall, in deciding whether to grant,
refuse to grant or vary a public service vehicle road service
licence, or goods vehicle road service licence under this
Part, have regard to the following:
(a) the suitability of the routes on which a service may
be provided under the licence;
(b) the needs of the Republic as a whole in relation to
traffic and the coordination of all forms of transport;
(c) the reliability and financial stability of the applicant;
(d) facilities at the disposal of the applicant for carrying
out vehicle maintenance and mechanical repairs;
(e) any previous convictions of the applicant for any
offence under this Act; and
(f) whether the applicant has developed and
implemented a Fleet Safety Management Policy
in accordance with the Regulations issued under
this Act. Temporary
substitution
of
authorised
vehicles in
emergency
Application
for public
service
vehicle road
service
licence,
goods
vehicle road
service
licence and
objections to
application

ed
vehicles in
emergency
Application
for public
service
vehicle road
service
licence,
goods
vehicle road
service
licence and
objections to
application

112 No. 8 of 2022] Road Traffic (Amendment)
(3) For the purposes of this section an applicant shall
be, in the case of—
(a) an individual, a citizen;
(b) a partnership, composed exclusively of persons
who are citizens;
(c) a body corporate, incorporated under the written
laws of the Republic, and—
(i) is certified by the Minister to be controlled
by the State;
(ii) not less than seventy-five percent of its
shareholding held by persons who are
citizens;
(iii) whose Directors are exclusively citizens
of the Republic; or
(iv) which is not controlled, directly or
indirectly, by a person who is outside the
Republic, or by a person who is not a
citizen. (4) For the purposes of subsection (3), a person shall
be deemed to control a body corporate if that person can
override the decision of another person associated with
the control of the body corporate. (5) Subject to subsection (6), the Director shall not
grant or vary a public service vehicle road service licence,
or goods vehicle road service licence, in respect of any
route if it appears to the Director that the provisions of this
Act relating to the speed of motor vehicles are likely to be
contravened.

spect of any
route if it appears to the Director that the provisions of this
Act relating to the speed of motor vehicles are likely to be
contravened.

(6) The Director shall cause a notice of the application
referred to in this section to be published in the Gazette
and in a daily newspaper of general circulation in the
Republic for a period of at least twenty-one days to enable
an objection or representation to be made, before making
a decision in respect of the application. (7) A notice of an objection or a representation from a
person providing transport facilities along or near the routes
or in the area in respect of which the application is made,
or any part thereof, or from any local authority shall—

acilities along or near the routes
or in the area in respect of which the application is made,
or any part thereof, or from any local authority shall—

Road Traffic (Amendment) [No. 8 of 2022 113
(a) be made in writing, addressed to the Director, within
ten days of publication of the notice under
subsection (6); and
(b) state the grounds on which the person desires to
object or make representations. (8) The Director shall, within forty days following the
end of the period specified under subsection (6),
communicate, in writing, the decision granting or rejecting
an application for a public service vehicle road service
licence, or goods vehicle road service licence. (9) Where the Director does not make a decision
within the forty days referred to in subsection (8), the
Director shall be deemed to have granted the public service
vehicle road service licence or goods vehicle road service
licence. (10) A public service vehicle road service licence or
goods vehicle road service licence shall be granted on terms
and conditions that the Director may determine.

c service vehicle road service licence or
goods vehicle road service licence shall be granted on terms
and conditions that the Director may determine.

(11) A holder of a—
(a) public service vehicle road service licence shall
comply with the provisions of this Act and adhere
to the rates fixed down in respect of any route on
which a service is operated; and
(b) goods vehicle road service licence shall comply
with the provisions of the Act. (12) The Director shall, in the issuance of a public
service vehicle road service licence or good vehicle road
service licence, promote competition and discourage a
monopoly as provided in the Competition and Consumer
Protection Act, 2010. 108. (1) The Director shall, on receipt of an application
under section 107, grant or refuse to grant a public service
vehicle road service licence or goods vehicle road service
licence in a prescribed manner and form. (2) The Director may vary the terms and conditions
of a public service vehicle road service licence, or goods
vehicle road service licence, granted under subsection (1). (3) Despite subsection (1), the Director may grant a
public service vehicle road service licence or goods vehicle
road service licence to a person who is not a citizen, but is
a holder of an investment licence issued under the Zambia
Development Agency Act, 2006. Act No.

rvice licence to a person who is not a citizen, but is
a holder of an investment licence issued under the Zambia
Development Agency Act, 2006. Act No.

24
of 2010
Issuance of
public
service
vehicle road
service
licence or
goods
vehicle road
service
licence
Act No. 11
of 2006

24
of 2010
Issuance of
public
service
vehicle road
service
licence or
goods
vehicle road
service
licence
Act No. 11
of 2006

114 No. 8 of 2022] Road Traffic (Amendment)
109. Subject to section 110E, a public service vehicle
road service licence, or goods vehicle road service licence,
shall be valid for a period of three years from the date of
issue. 25. The principal Act is amended by the insertion of the
following new sections immediately after section 110:
110A. The Director may vary a public service vehicle
road service licence or goods vehicle road service licence,
on an application made under section 107, by directing
that—
(a) additional motor vehicles be specified in the
licence;
(b) a vehicle ceases to be specified in the licence;
(c) a condition attached to the licence be varied or
removed; or
(d) in the case of a restricted goods vehicle road
service licence, that it be converted into a standard
goods vehicle road service licence; and
(e) in the case of a standard goods vehicle road service
licence, that the licence be converted into a
restricted goods vehicle road service licence. 110B.

n the case of a standard goods vehicle road service
licence, that the licence be converted into a
restricted goods vehicle road service licence. 110B.

(1) Subject to this Act or any other written law,
the Director may revoke or suspend a public service vehicle
road service licence or goods vehicle road service licence
in whole or in part, if the holder of that licence—
(a) fails to comply with a term or condition of the
licence;
(b) obtained the licence on basis of fraud, negligence
or misrepresentation;
(c) being an individual, is adjudged bankrupt or, being
a company, has gone into liquidation, other than
voluntary liquidation for the purpose of
reconstruction;
Duration of
public
service
vehicle road
service
licence or
goods
vehicle road
service
licence
Insertion of
sections
110A, 110B,
110C, 110D
and 110E
Variation of
public service
vehicle road
service licence
or goods
vehicle road
service licence
Revocation
or
suspension
of road
service
licence

d 110E
Variation of
public service
vehicle road
service licence
or goods
vehicle road
service licence
Revocation
or
suspension
of road
service
licence

Road Traffic (Amendment) [No. 8 of 2022 115
(d) operates the permitted business activity in
contravention of this Act, or any other relevant
written law; and
(f) fails to notify the Agency of an adverse material
change in any of the circumstances of the holder
of the licence relevant to the issue or variation of
the licence. (2) The Director shall, before revoking or suspending
a public service vehicle road service licence or goods
vehicle road service licence notify the holder of the licence
of the intention to revoke or suspend the public service
vehicle road service licence or goods vehicle road service
licence and shall—
(a) give reasons for the intended revocation or
suspension; and
(b) notify and require the holder of the licence to show
cause within a period of seven days, why the
licence should not be revoked or suspended. (3) The Director shall not revoke or suspend the public
service vehicle road service licence or goods vehicle road
service licence under this section if the holder of the licence
takes remedial measures to the satisfaction of the Director
within the period referred to under subsection (2).

s section if the holder of the licence
takes remedial measures to the satisfaction of the Director
within the period referred to under subsection (2).

(4) The Director may, revoke or suspend the public
service vehicle road service licence or goods vehicle road
service licence if the holder after being notified under
subsection (2) fails to show cause or does not take any
remedial measures to the satisfaction of the Director within
the period specified in that subsection. (5) Where a public service vehicle road service licence
or goods vehicle road service licence is revoked in
accordance with this section, the licence holder shall
surrender the licence to the Agency for cancellation. (6) The Director shall, on being satisfied that the
licence holder has corrected a contravention that resulted
in the revocation of the public service vehicle road service
licence, or goods vehicle road service licence, reinstate
that public service vehicle road service licence or goods
vehicle road service licence.

vice
licence, or goods vehicle road service licence, reinstate
that public service vehicle road service licence or goods
vehicle road service licence.

116 No. 8 of 2022] Road Traffic (Amendment)
110C. (1) A person shall apply to the Director for a
public service vehicle road service licence, or goods
vehicle road service licence, to provide a rural feeder
service in the prescribed manner and form, on payment
of a prescribed fee. (2) The Director shall, on receipt of an application
under subsection (1), consider the application in
accordance with section 108, with the necessary
modifications. 110D. (1) The Director may, where the Director
considers it necessary or where a short term public
service vehicle road service licence or goods vehicle road
service licence is required in the public interest, issue a
short term public service vehicle road service licence or
goods vehicle road service licence to an applicant in the
prescribed manner and form on payment of the prescribed
fee. (2) A short term public service vehicle road service
licence or goods vehicle road service licence shall be
valid for a period of three months.

d
fee. (2) A short term public service vehicle road service
licence or goods vehicle road service licence shall be
valid for a period of three months.

(3) A short term public service vehicle road service
licence or a goods vehicle road service licence issued
under subsection (1), shall permit the licensee to
temporarily use a public service vehicle or goods vehicle
for the purposes of—
(a) seasonal business;
(b) carrying out a particular piece of work; or
(c) any other authorised activity. (4) Section 108 applies, with the necessary
modifications, to the issuance of a licence under this
section. 110E. Where proceedings are pending before the
Director on an application by a holder of a public service
vehicle road service licence or a goods vehicle road
service licence, other than a short term licence, for the
grant of a new licence in substitution for an existing
licence, the existing licence shall continue in operation
until the application is disposed of, without prejudice, to
the exercise of power of suspension and revocation
conferred by this Part. Short term
licence
Application
for public
service
vehicle or
goods
vehicle road
service
licence for
rural feeder
service
Extension
of validity
of licence

rt term
licence
Application
for public
service
vehicle or
goods
vehicle road
service
licence for
rural feeder
service
Extension
of validity
of licence

Road Traffic (Amendment) [No. 8 of 2022 117
Amendment
of section
120
Amendment
of section
148
. Amendment
of section
149
Amendment
of section
153
26. Section 120 (2) of the principal Act is amended by the
deletion of the words “six hours” and the substitution therefor of
the words “two hours”. 27. Section 148 of principal Act is amended by the insertion
of the following new subsection immediately after subsection (4):
(5) Despite subsection (4), the speed limit tolerance
for different speed limits shall be as follows:
(a) ten percent plus two for thirty kilometres per hour,
forty kilometres per hour and fifty kilometres per
hour speed limits; and
(b) ten kilometres per hour for all speed limits from
sixty kilometres per hour and above. 28.

er hour and fifty kilometres per
hour speed limits; and
(b) ten kilometres per hour for all speed limits from
sixty kilometres per hour and above. 28.

Section 149 of the principal Act is amended—
(a) in paragraph (b), by the deletion of words “a rescue
organisation” and the substitution therefor of the words
“an emergency rescue organisation”;
(b) by the deletion of paragraph (c) and the substitution
therefor of the following:
(c) Zambia Police Service;
(c) by the insertion of the following new paragraphs
immediately after paragraph (c):
(d) the Agency; and
(e) the Defence Force and national security services. 29. Section 153(4) of the principal Act is amended by the
deletion of the words “bell or” and the substitution therefor of the
words “bell, turret light, or”.

ion 153(4) of the principal Act is amended by the
deletion of the words “bell or” and the substitution therefor of the
words “bell, turret light, or”.

118 No. 8 of 2022] Road Traffic (Amendment)
30.

118 No. 8 of 2022] Road Traffic (Amendment)
30.

Section 158 of the principal Act is amended—
(a) by the deletion of subsection (1) and the substitution
therefor of the following:
(1) A person who has been arrested for an
offence under section 156 or 157 shall be
required to take a medical examination or
a breathalyser test to ascertain whether,
that person was under the influence of
intoxicating liquor or narcotic drugs to an
extent so as to have been incapable of
having proper control of a vehicle.;
(b) by the insertion of the following new subsection
immediately after subsection (1):
(2) A medical examination and breathalyser test
referred to under subsection (1) shall be
conducted by a medical practitioner, and
road traffic inspector in uniform or police
officer, respectively;
(c) in subsection (3), by the deletion of words
“subsection (5)” and the substitution therefor of
the words “subsection (6)”;
(d) in subsection (4), by the deletion of the words “of
breath or submit to” and the substitution therefor
of the words “of breath or a breathalyser test or
submit to”;
(e) in subsection (5) (b), by the deletion of the words
“subsection (2)” and the substitution therefor of
the words “subsection (3)”; and
(f) by the renumbering of subsections (2), (3), (4), (5),
(6), (7) and (8) as subsections (3), (4), (5), (6), (7),
(8) and (9), respectively.

3)”; and
(f) by the renumbering of subsections (2), (3), (4), (5),
(6), (7) and (8) as subsections (3), (4), (5), (6), (7),
(8) and (9), respectively.

31. Section 170 of the principal Act is amended—
(a) in subsection (1), by the deletion of the words
“subsection (3)” and the substitution therefor of
the words “subsection (4)”;
(b) by the insertion of the following new subsections
immediately after subsection (2):
Amendment
of section
158
Amendment of
section 170

ection (4)”;
(b) by the insertion of the following new subsections
immediately after subsection (2):
Amendment
of section
158
Amendment of
section 170

Road Traffic (Amendment) [No. 8 of 2022 119
(3) A person who fails to comply with a speed limit
road traffic sign commits an offence and is
liable, on conviction, if the speed limit is
exceeded by—
(a) less than fifteen kilometres per hour
above the tolerance limit, to a fine
not exceeding seven hundred and
fifty penalty units;
(b) fifteen kilometres per hour or more
but less than thirty kilometres per
hour above the tolerance limit, to a
fine not exceeding one thousand
penalty units;
(c) thirty kilometres or more but less
than forty-five kilometres per hour
above the tolerance limit, to a fine
not exceeding one thousand two
hundred and fifty penalty units;
(d) forty-five kilometres per hour or
more but less than sixty kilometres
per hour above the tolerance limit,
to a fine not exceeding one thousand
five hundred penalty units; or
(e) sixty kilometres or more above the
tolerance limit, to a fine not
exceeding three thousand penalty
units; and
(c) by the renumbering of subsections
(3) and (4) as subsections (4) and
(5), respectively. 32. Section 172 (3)(b) of the principal Act is amended by the
deletion of the word “Minister” and the substitution therefor of the
word “Director”. 33.

2. Section 172 (3)(b) of the principal Act is amended by the
deletion of the word “Minister” and the substitution therefor of the
word “Director”. 33.

The principal Act is amended by the repeal of section 177
and the substitution therefor of the following:
177. (1) The driver of a motor vehicle on a public road
shall, where the driver intends to enter any public road
which constitutes a junction of two or more public roads
with vehicular traffic approaching from all directions and
Amendment
of section
172
Repeal and
replacement
of section
177
Right of way
at stop
junction

ith vehicular traffic approaching from all directions and
Amendment
of section
172
Repeal and
replacement
of section
177
Right of way
at stop
junction

is required to stop at that junction, yield the right of way to
the vehicular traffic which arrives at the junction before
that driver on a first come first go basis, unless the driver’s
entry into that junction is controlled by an instruction given
or a direction conveyed by a road traffic inspector in uniform
or a police officer or communicated by a traffic sign
requiring the driver to act differently. (2) Subsection (1) applies to a junction that is controlled
by traffic lights, where those traffic lights are not working. 34. Section 180(1) of the principal Act is amended by the
insertion of the following new paragraph immediately after
paragraph (n):
(o) drive a motor vehicle on a road in an organised procession,
other than a funeral procession, except in accordance with a permit
issued by the Zambia Police Service. 35. The principal Act is amended by the insertion of the
following new section immediately after Section 180:
180A. (1) A person driving a motor vehicle on a public
road shall give an immediate and absolute right of way to a
Presidential motorcade.

ection 180:
180A. (1) A person driving a motor vehicle on a public
road shall give an immediate and absolute right of way to a
Presidential motorcade.

(2) A person who contravenes this section commits
an offence and is liable, on conviction in the case of a—
(a) first offence, to a fine not exceeding three thousand
penalty units or to imprisonment for a term not
exceeding three months, or to both; and
(b) second or subsequent offence, to a fine not
exceeding six thousand penalty units or to a term
of imprisonment not exceeding six months, or to
both. 36. The principal Act is amended by the insertion of the
following new section immediately after section 181:
Amendment
of section
180
Insertion of
section
180A
Right of
way of
presidential
motorcade
Insertion of
sections
181A and
181B
120 No. 8 of 2022] Road Traffic (Amendment)

n
180
Insertion of
section
180A
Right of
way of
presidential
motorcade
Insertion of
sections
181A and
181B
120 No. 8 of 2022] Road Traffic (Amendment)

181A. (1) A person shall not use a motor vehicle on a
public road unless that motor vehicle meets the
requirements of this Act. 37. Section 184 of the principal Act is amended—
(a) by the insertion of the following new subsection
immediately after subsection (4):
(5) A person shall not, where a pedestrian crossing is
available within fifty metres, cross the road from any
other point besides the pedestrian crossing.;
(b) in subsection (6), by the deletion of the word “three”
and the substitution therefor of the word “one”; and
(c) renumbering of subsections (5) and (6) as subsections
(6) and (7), respectively. 38. The principal Act is amended by the repeal of section 187
and the substitution therefor of the following:
187.

sections
(6) and (7), respectively. 38. The principal Act is amended by the repeal of section 187
and the substitution therefor of the following:
187.

(1) Despite sections 185 and 186, the driver of
the following motor vehicles may stop or park the motor
vehicle concerned at any place where it may be necessary
to do so:
(a) a motor vehicle belonging to—
(i) a firefighting organisation;
(ii) an emergency rescue organisation or hospital;
(iii) the Zambia Police Service in execution of its
duties; and
(iv) the Agency in execution of its duties; or
(b) a motor vehicle in the execution of the driver’s
duties in the construction or maintenance of a public
road, or rendering an essential public service. Amendment
of section
184
Repeal and
replacement
of section
187
Certain
motor
vehicles to
stop and
park at any
place
Road Traffic (Amendment) [No. 8 of 2022 121
Requirement
to use motor
vehicle on
public road

n
187
Certain
motor
vehicles to
stop and
park at any
place
Road Traffic (Amendment) [No. 8 of 2022 121
Requirement
to use motor
vehicle on
public road

(2) A motor vehicle stopped or parked in accordance with
subsection (1) shall, while that motor vehicle is stopped or parked,
display appropriate identification lamps. 39. Section 212(1) of the principal Act is amended by the
insertion of the following new paragraph immediately after
paragraph (g):
(h) impound any motor vehicle which is reasonably
suspected of being or having been used for cross border
road transportation contrary to this Act, or any agreement
to which Zambia is a party to. 40. The principal Act is amended by the insertion of the
following new section immediately after section 226:
226A. (1) Subject to subsection (6), the Director may,
by notice in the Gazette, on the terms and conditions that
the Director may determine, appoint a suitably qualified
person as an honorary road traffic inspector for a period
not exceeding three years, and may renew that appointment
for a further three years. (2) The Director may, by notice in the Gazette, revoke
or renew an appointment made under subsection (1).

that appointment
for a further three years. (2) The Director may, by notice in the Gazette, revoke
or renew an appointment made under subsection (1).

(3) The appointment of an honorary inspector may
be—
(a) general to empower the honorary inspector to act
in any area of the Republic; or
(b) limited to empower the honorary inspector to act
in an area of the Republic as may be specified in
the instrument of appointment. (4) The Director shall not appoint a person who is not
a citizen to perform the functions of an honorary road traffic
inspector. (5) Subject to this Act and to the terms of the
instrument of appointment, an honorary inspector shall,
within the terms of the appointment, exercise the functions
and perform the duties of a road traffic inspector. (6) The Minister may, on the recommendation of the
Agency, prescribe the terms of engagement and conditions
applicable to honorary road traffic inspectors in the
execution of their duties. Amendment
of section
212
Honorary
road traffic
inspectors
Insertion of
section 226A
122 No. 8 of 2022] Road Traffic (Amendment)

ution of their duties. Amendment
of section
212
Honorary
road traffic
inspectors
Insertion of
section 226A
122 No. 8 of 2022] Road Traffic (Amendment)

41. The principal Act is amended by the insertion of the
following new sections immediately after section 232:
232A. (1) A person commits an offence if that
person—
(a) undertakes cabotage without the required permit
or being a permit holder, undertakes cabotage
contrary to the provisions of the permit;
(b) abrogates the third country rule;
(c) undertakes or permits another person to undertake
cross border road transportation without the
required permit; and
(d) uses a permit belonging to another person to
undertake cross border road transportation, or
being a permit holder, agent, or employee, of a
permit holder, permits a person who does not hold
a permit, to use the permit holder’s permit. (2) A person convicted of an offence under subsection
(1) is liable, in the case of a—
(a) first offence, to a fine not exceeding sixty thousand
penalty units or to imprisonment for a term not
exceeding one year; and
(b) second or subsequent offence, to a fine not
exceeding one hundred and fifty thousand penalty
units or to imprisonment for a term not exceeding
two years, or to both. 232B.

offence, to a fine not
exceeding one hundred and fifty thousand penalty
units or to imprisonment for a term not exceeding
two years, or to both. 232B.

(1) Subject to the Forfeiture of Proceeds of
Crime Act, 2010, where a court convicts a person for an
offence under 232A, the court may, in addition to the penalty
specified in that section, order that the vehicle used and
any freight conveyed on it without authority, or the convicted
person’s rights to that vehicle or freight be forfeited to the
state. (2) Any order made under subsection (1) shall not
affect any rights which any person other than the person
who is convicted may have to the vehicle or freight if it is
proved that such other person—
Insertion of
sections
232A and
232B
Cross border
road traffic
Road Traffic (Amendment) [No. 8 of 2022 123
Act No. 19
of 2010

d that such other person—
Insertion of
sections
232A and
232B
Cross border
road traffic
Road Traffic (Amendment) [No. 8 of 2022 123
Act No. 19
of 2010

(a) could not reasonably be expected to have known
or had no reason to suspect that the vehicle was
being or would be used for unauthorised road
transport or that the person could not prevent such
use; or
(b) where the person knowing that the person intended
to use the vehicle for unauthorised transport could
not have reasonably prevented such use. 42.

(b) where the person knowing that the person intended
to use the vehicle for unauthorised transport could
not have reasonably prevented such use. 42.

Section 233 (2) of the principal Act is amended by the—
(a) deletion of paragraph (kk) and the substitution therefor
of the following:
(kk) prescribing the—
(i) hours and conditions of service of the drivers of
classes of motor vehicles that may be specified,
regulating the licensing and conduct of drivers
of public services vehicles and of conductors of
an omnibus, and the badges to be worn by the
drivers and conductors; and
(ii) timetables and the payment of fares for public
service vehicles, and regulating the conduct of
passengers in passenger carrying public services
vehicles;
(b) insertion of the following new paragraphs immediately
after paragraph (yy):
(zz) providing for the collaborative framework
between Zambia Police Service and the Agency
including, but not limited to, traffic law
enforcement and the system for collecting,
storing and disseminating road crash statistics;
and
(aaa) providing for sanctioning of drivers, who are
convicted of offences, through the imposition
of demerit points leading to the suspension or
cancellation of driving licences, and providing
for the reward of law abiding behaviour by
reducing demerit points imposed if offences are
not committed over specified periods;
(bbb) regulating online ride-hailing services;
(ccc) prohibiting the use of certain types of vehicles
as a taxicab;
124 No.

ed over specified periods;
(bbb) regulating online ride-hailing services;
(ccc) prohibiting the use of certain types of vehicles
as a taxicab;
124 No.

8 of 2022] Road Traffic (Amendment)
Amendment
of section
233

(ddd) regulating the installation of bill boards on road
islands and reserves, and the installation of
electronic bill boards on public service vehicles
in consultation with an appropriate authority, in
the interest of road safety; and
(c) by the renumbering of paragraph (zz) as paragraph
(eee).
43. The principal Act is amended by the repeal of the First
Schedule and the substitution therefor of the Schedule set out in
the Appendix.
44. The Third Schedule to the principal Act is amended by the
deletion of the words “No” and “Yes” in the column for
“Suspension” under section 118 (1) and (2) and the substitution
therefor of the words “Yes” and “No”.
Road Traffic (Amendment) [No. 8 of 2022 125
Repeal and
replacement
of First
Schedule
Amendment
of Third
Schedule

therefor of the words “Yes” and “No”.
Road Traffic (Amendment) [No. 8 of 2022 125
Repeal and
replacement
of First
Schedule
Amendment
of Third
Schedule

APPENDIX
(Section 43)
FIRST SCHEDULE
(Sections 3 and 5)
PART I
ADMINISTRATION OF AGENCY
1. (1) The seal of the Agency shall be a device that may be
determined by the Agency and shall be kept by the Director. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Director or one other
person authorised in that regard by a resolution of the Board. 2. (1) A member of the Board shall hold office for a term of
three years and may be re-appointed for a further and final term of
three years on terms and conditions that may be specified in the
instrument of appointment. (2) On the expiration of the term for which a member is
appointed, the member shall continue to hold office until another
member is appointed, but in no case shall the further period exceed
three months.

is
appointed, the member shall continue to hold office until another
member is appointed, but in no case shall the further period exceed
three months.

(3) The office of a member shall become vacant if that
member—
(a) dies;
(b) is adjudged bankrupt;
c) is absent from three consecutive meetings of the Board,
of which the member has had notice, without the prior
approval of the Board;
(d) resigns;
(e) is legally disqualified from performing the functions of a
member;
(f) is convicted of an offence under any other written law
and is sentenced to imprisonment for a term exceeding
six months without the option of a fine; or
(g) ceases to be a representative of the ministry, institution,
or organisation that nominated or appointed that member
to sit on the Board. 126 No. 8 of 2022] Road Traffic (Amendment)
Seal of
Agency
Tenure of
office for
members
and
vacancy

ated or appointed that member
to sit on the Board. 126 No. 8 of 2022] Road Traffic (Amendment)
Seal of
Agency
Tenure of
office for
members
and
vacancy

(4) The Minister shall, where there is a vacancy in the
membership of the Board, before the expiry of the term of office,
appoint another person to replace that member but that person
appointed shall hold office for the remainder of that term. 3. (1) Subject to this Act, the Board may regulate its own
procedure. (2) The Board shall meet at least once every three months at
a place that the Board may determine. (3) The Chairperson shall, on giving notice of not less than
seven days, call a meeting of the Board, if one-third or more of the
members so request, in writing, except that if the urgency of a
particular matter does not permit the giving of notice, a special
meeting may be called on giving shorter notice. (4) The quorum of the Board at any meeting shall be five members
excluding an ex-officio member. (5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member elected from among the
members present at the meeting for the purpose of that
meeting.

absence of the Chairperson and the Vice-
Chairperson, a member elected from among the
members present at the meeting for the purpose of that
meeting.

(6) A decision of the Board on any question shall be by a
majority of members present and voting at the meeting and, in the
event of an equality of votes, the person presiding at the meeting
shall have, in addition to a deliberative vote, a casting vote. (7) Where a member is for any reason unable to attend the
meeting of the Board, the member may, in writing, nominate another
person from the same ministry, institution or organisation to attend
the meeting in that member’s place and that person shall be deemed
to be a member for the purpose of that meeting but that person
shall have no vote. (8) The Board may invite any person, including an observer,
whose presence, in its opinion, is desirable to attend and participate
in the deliberation of a meeting of the Board, but that person or
observer shall have no vote. (9) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board and any committee of the Board. Road Traffic (Amendment) [No. 8 of 2022 127
Proceedings
of Board

kept of the proceedings
of every meeting of the Board and any committee of the Board. Road Traffic (Amendment) [No. 8 of 2022 127
Proceedings
of Board

4. (1) The Board may, for the purpose of performing its function,
constitute committees that it considers necessary and delegate to
those committees any of its functions or the functions of the Agency. (2) The Board may appoint, as members of a committee,
persons who are or are not members of the Board, except that at
least one member of the Board shall be a member of a committee. (3) A member of a committee shall hold office for a period
that the Board may determine. (4) A committee shall have the power to invite any person
whose presence, in its opinion, is desirable to attend and participate
in the deliberations of the meeting of the committee but that person
shall have no vote. (5) A person presiding at a meeting of a committee shall cause
a record to be kept of the proceedings of the meeting and shall
cause to be submitted to the Board that record, as soon as possible
after a meeting of the committee. (6) Subject to any specific or general direction of the Board
and other provisions of this section, a committee may regulate its
own procedure at a meeting. 5.

ct to any specific or general direction of the Board
and other provisions of this section, a committee may regulate its
own procedure at a meeting. 5.

A member of the Board or a member of a committee of the
Board shall be paid allowances that the Emoluments Commission
may, on the recommendation of the Minister, determine. 6. (1) If any person is present at a meeting of the Board or a
committee of the Board at which any matter, in which that person
or any member of that person’s relative or associate is directly or
indirectly interested in a private capacity, is the subject of
consideration, that person shall, as soon as practicable during the
meeting disclose that interest and shall not, unless the Board or the
committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which the disclosure is
made. 7.

hat matter. (2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which the disclosure is
made. 7.

(1) A person shall not, without the consent in writing given
by or on behalf of the Board or as otherwise permitted by any
written law, publish or disclose to any other person, otherwise than
in the course of that person’s duties, the contents of any document,
communication or information whatsoever, which relates to, and
which has come to that person’s knowledge in the course of, that
person’s duties under this Act. 128 No. 8 of 2022] Road Traffic (Amendment)
Committees
Allowances
Disclosure of
interest
Prohibition of
publication or
disclosure of
information to
unauthorised
person

] Road Traffic (Amendment)
Committees
Allowances
Disclosure of
interest
Prohibition of
publication or
disclosure of
information to
unauthorised
person

(2) A person who contravenes subparagraph (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (3) A person who, having information which to the knowledge
of that person has been published or disclosed in contravention of
subparagraph (1), unlawfully publishes or communicates that
information to any other person, that person commits an offence
and is liable, on conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both. (4) Nothing in this paragraph shall be interpreted to prohibit the
publication and dissemination of a final decision of the Board. 8. An action or other proceeding shall not lie or be instituted
against a member of the Board, a member of the committee of a
Board or a member of staff of the Agency, for or in respect of any
act or thing done or omitted to be done in good faith in the exercise
or performance of any of the powers or functions conferred under
this Act. PART II
FINANCIAL PROVISIONS
9.

ed to be done in good faith in the exercise
or performance of any of the powers or functions conferred under
this Act. PART II
FINANCIAL PROVISIONS
9.

(1) The funds of the Agency consists of moneys that may—
(a) be appropriated to the Agency by Parliament through
the Road Fund;
(b) be allocated to the Agency from the Road Fund;
(c) be paid to the Agency by way of grants or donations
through the Road Fund; and
(d) vest in, or accrue to, the Agency. (2) There shall be paid from the funds of the Agency—
(a) salaries, allowances, loans, gratuities and pensions of staff
of the Agency and other payments for the recruitment
and retention of staff;
(b) reasonable traveling and subsistence allowances for
members and members of any committee of the Agency
when engaged on the business of the Agency and at
rates that the Emoluments Commission, on the
recommendation of the Minister, may determine; and
Road Traffic (Amendment) [No. 8 of 2022 129
Immunity
Funds of
Agency

Emoluments Commission, on the
recommendation of the Minister, may determine; and
Road Traffic (Amendment) [No. 8 of 2022 129
Immunity
Funds of
Agency

(c) any other expenses incurred by the Agency in the
performance of its functions based on a percentage of
the annual work plan. (3) Subject to the Public Finance Management Act, 2018, the
Agency may, invest in a manner that the Agency considers
appropriate, funds of the Agency that the Agency does not
immediately require for the performance of the Agency’s functions. 10. The financial year of the Agency shall be the period of
twelve months ending on 31st December of each year. 11. (1) The Agency shall cause to be kept proper books of
account and other records relating to its accounts. (2) The accounts of the Agency shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General. (3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Agency. 12. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Agency shall submit to the
Minister a report concerning its activities during the financial year.

ninety days
after the end of the financial year, the Agency shall submit to the
Minister a report concerning its activities during the financial year.

(2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Agency and there shall be
appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information as the Minister may require. (3) The Minister shall not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly. 130 No. 8 of 2022] Road Traffic (Amendment)
Financial
Year
Annual
report
Accounts