CHAPTER 206
ROAD TRANSPORT ACT

Arrangement of Sections

1. Short title.

2. Interpretation.

3. Restriction on weight of vehicle imported.

4. Trailers.

5. Licensing of vehicles.

6. Motor dealer’s vehicle licence.

7. Offence.

8. Use of vehicles on La Digue.

9. Registration of vehicles.

10. Operator of omnibus.

11. Appointment of Road Transport Commissioner and other officers.

12. Licensing of drivers.

13. Evidence by certificate of driving licence and vehicle licence.

14. Exemption of certain vehicles.

15. Exemption from licence duty.

16. Bye-laws.

17. Power to prohibit or restrict use of vehicles on specified roads.

18. Power of Transport Commissioner temporarily to prohibit or restrict traffic on roads.

19. Power to place traffic signs.

20. Penalties for neglect of traffic directions.

21. Parking.

22. Speed of motor vehicles.

23. Foot-passenger crossings.

24. Offences.

24A. Traffic Wardens.

24B. Functions of Traffic Wardens.

25. Causing death by reckless or dangerous driving.

26. Burden of proof.

27. Suspension of driving licence.

28. Regulations.

29. Criminal and civil liability not affected.

30. Evidence by certificate of examination and testing of devices.

SCHEDULE

24 of 1935,

20 of 1936,

6 of 1939,

5 of 1940,

11 of 1946,

16 of 1948,

2 of 1949,

16 of 1952,

16 of 1956,

28 of 1959,

20 of 1960,

15 of 1961,

6 of 1963,

17 of 1963,

32 of 1964,

5 of 1965,

18 of 1967,

34 of 1967,

37 of 1967,

8 of 1971,

16 of 1972,

23 of 1976,

5 of 1979,

20 of 1981,

3 of 1983,

3 of 1986,

9 of 1986,

7 of 1988,

5 of 1996,

8 of 1997,

12 of 2000,

14 of 2000.

Decree 29 of 1977.

SI 95 of 1975,

104 of 1975,

21 of 1981,

13 of 1987.

[Date of commencement: 1st January 1936]

1. Short title.

This Act may be cited as the Road Transport Act.

2. Interpretation.

For the purpose of this Act unless the context otherwise requires—

“alcoholic drink” means any drink containing alcohol and includes spirits, wine, beer, bacca, toddy and la purée;

“commercial vehicle” means a vehicle used or intended to be used for the conveyance of goods, either for hire or in connection with the trade or business of the owner of the vehicle;

“licensing authority” means the Licensing Authority established under section 3 of the Licences Act;

“motor vehicle” means a vehicle propelled by any form of mechanical power and includes a motor bicycle, with or without a sidecar or trailer, a motor tricycle and a bicycle or tricycle assisted by a motor, but not a vehicle drawn by another motor vehicle;

“police officer” includes a traffic warden appointed under section 24A;

[Ins by s 2(a) of by Act 14 of 2000 w.e.f. 27 November 2000.]

“Private omnibus” means a motor vehicle, having seating capacity for more than nine persons other than the driver;

“private vehicle” means any vehicle not being a public or commercial vehicle;

“public omnibus” means a public vehicle other than a taxi or self-drive hire vehicle used for conveying passengers for hire or reward whether at separate fares or otherwise;

“public vehicle” means a taxi, a self-drive hire vehicle, a public omnibus and a private omnibus;

“regulations” means the regulations made under this Act;

“road” includes any highway, street, bridge, square, court, alley, lane, bridge way, track, parade, thoroughfare, passage or open space to which the public are entitled or permitted to have access whether on payment or otherwise;

“self-drive hire vehicle” means a motor vehicle hired out, or intended to be hired out, by the owner or operator thereof under the terms of a hiring agreement made in respect thereof for the purpose of being driven by the hirer or by a person authorised by the hirer; and

“tare weight” means the weight of a vehicle unladed inclusive of the body and all part which are necessary to or ordinarily used with the vehicle when used on a road;

“taxi” means a motor vehicle having seating for not more than eight passengers which is hired with a driver for the carriage of passenger for reward otherwise than at separate fares, but does not include a self-drive hire vehicle;

[Am by s 2 of Act 12 of 2000 w.e.f. 6 November 2000.]

“Transport Commissioner” means the Road Transport Commissioner appointed under section 11;

“vehicle” means any kind of wheeled transport propelled or drawn by mechanical power, animals or persons and used or intended to be used for the conveyance of goods or persons on any road, and includes a rickshaw, a bicycle, and a tricycle.

3. Restriction on weight of vehicle imported.

(1) No person shall, except with the written permission of the Minister, import into Seychelles any vehicle the weight of which exceeds the weight prescribed by regulations.

(2) It shall be lawful for the Collector of Customs to detain at the risk and expense of the importer any vehicle imported in contravention of subsection (1).

4. Trailers.

It shall be unlawful for any motor vehicle to pull or draw any other vehicle whatsoever without express permission as may be provided for by regulations unless the vehicle drawn has separate steering apparatus and is controlled by a driver licenced as hereinafter provided.

The owner and driver of any motor vehicle so employed shall be guilty of an offence.

5. Licensing of vehicles.

(1) Save as hereinbefore provided no person being the owner of a vehicle (other than a rickshaw) shall drive or permit any other person to drive such vehicle on any road unless the owner shall first have obtained a licence to keep such vehicle under the Licences Act and the vehicle has been registered in accordance with the provisions of this Act.

(2) A licence shall be in such form and subject to such conditions and shall be carried on the vehicle in such a way as may be prescribed under the Licences Act.

(3) A licence to keep a motor vehicle may be granted or renewed for a period not exceeding 12 months (running from the first day of the month for which the licence is issued).

(4) There shall be paid such fees as may be prescribed under the Licences Act for a licence or renewal of a licence.

(5) A licence to keep a private or commercial vehicle shall be transferable on such terms and conditions as shall be prescribed under the Licences Act; a licence to keep a public vehicle shall not be transferable.

(6) The licensing authority may revoke or refuse to renew a licence to keep a public vehicle if it is satisfied that such vehicle was used more than once in connection with an offence or attempted offence involving violence, fraud or dishonesty.

(7) The licensing authority shall not issue a licence to keep a vehicle until such vehicle has been registered.

(8) The Minister may give to the licensing authority a direction on the maximum number of vehicles or of any type or class of vehicle which may be registered or licenced.

(9) A direction under subsection (8) may be given with respect to the whole of Seychelles or to any part of Seychelles.

(10) The licensing authority shall observe directions under subsection (8).

(11) Subject to section 8, this section, other than subsections (8), (9) and (10) of this section, shall also apply to a vehicle which is the property of the Government of Seychelles.

[*Note to 1996 Ed: Bullock-carts do not require a licence (Sch 2 Licences Act (Cap. 113)).]

6. Motor dealer’s vehicle licence.

(1) Notwithstanding section 5 or section 9, the licensing authority may issue to a dealer in or manufacturer of motor vehicle or trailers or a motor mechanic or garage owner licenced under the Licences Act a motor dealer’s vehicle licence under the Licences Act authorising the use on the road of such motor vehicle or trailers as the licensing authority may specify in the licence.

(2) A motor dealer’s vehicle licence shall authorise the use on a road of any motor vehicle or trailer being driven or drawn to the motor dealer’s or manufacturer’s or repairer’s place of business after delivery thereof to him, or being tested by the motor dealer, manufacturer or repairer, or being tested or used for the purpose of effecting a sale or for such other purpose as may be prescribed:

Provided that a motor dealer’s vehicle licence shall not authorise the carriage of passengers or goods for hire or reward or of any person not employed by the motor dealer, manufacturer or repairer, as the case may be, or not engaged in testing the vehicle or inspecting the same with a view of purchase.

(3) In issuing a motor dealer’s vehicle licence under this section, the licensing authority shall assign a general trade number consisting of the prescribed letters and sufficient identification numbers and, if it is so prescribed, sufficient discs or tokens in the prescribed form so as to identify all motor vehicles or trailers used under the authority of such licence, and shall enter such numbers in the licence.

(4) Subject to subsection (2), a general trade number assigned under this section to any motor dealer or manufacturer or repairer, as the case may be, shall be interchangeable between different motor vehicles or trailers in his possession and shall, when, in use, be fixed on the vehicle or trailer in the prescribed manner.

(5) A motor dealer’s licence shall be valid for 12 months from the date of grant unless earlier revoked by the licensing authority.

7. Offence.

(1) No person shall use a motor dealer’s vehicle licence—

(a) for any purpose not provided by or under subsection (2) of section 6;

(b) unless he is the holder of the licence or is a person duly authorised by the holder thereof.

(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable on conviction to a fine of R5000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

8. Use of vehicles on La Digue.

(1) Notwithstanding anything in the foregoing provisions of this Act, no person shall use a motor vehicle on La Digue without a permit in respect of the use of that vehicle from the Minister responsible for Transport.

(2) A permit under subsection (1) may be issued subject to such conditions, including the payment of a fee, as the Minister responsible for Transport may determine and, in particular may specify—

(a) the use to which the vehicle may be put; or

(b) the period for which the licence is valid.

(3) Any person who contravenes the provisions of this section or who fails to comply with the terms of a permit is guilty of an offence and is liable to a fine of R. 10,000 and to imprisonment for six months and to confiscation of any vehicle used in contravention of the section or in respect of which the failure to comply with the permit occurred.

(4) The Minister responsible for Transport may at any time, vary or alter any of the conditions attached to a permit issued under subsection (1) or may, at any time, revoke such a permit.

9. Registration of vehicles.

(1) The owner of a vehicle (other than a rickshaw), unless exempted from the provisions of this Act relating to licensing and registration, shall on applying for a licence register the vehicle at the office of the licensing authority.

The licensing authority shall assign to each vehicle registered by it a separate registration mark which shall, in accordance with the regulations, consist of letters or numbers or both and shall be affixed to the vehicle in the manner prescribed by regulations.

(2) There shall be paid such fees as may be prescribed by regulations for the registration of a vehicle.

(3) The Minister after consultation with the Minister for Finance shall have power to remit any registration or licence fees payable under this section or grant free registration, provided that the other requirements with regard to registration are complied with.

(4) It shall be unlawful for the owner of a registered vehicle to transfer the ownership of the vehicle to another person save in accordance with the regulations.

10. Operator of omnibus.

No person shall use a public or private omnibus on the road except under and in accordance with the licence granted under the Licences Act.

11. Appointment of Road Transport Commissioner and other officers.

(1) There shall be a Road Transport Commissioner appointed by the Minister who shall, subject to the general directions of the Minister, exercise such powers and perform such duties as is conferred upon him by this Act.

(2) The Transport Commissioner may, from time to time, delegate for such time as may be specified any of the functions conferred upon him by this Act.

12. Licensing of drivers.

(1) Save as provided in this Act, no person shall drive any motor vehicle on a road unless he is licenced for the purpose under the Licences Act and no person shall employ a person as a driver of such vehicle who is not licenced to drive such a vehicle.

(2) The licensing authority may grant such licence on being satisfied that the applicant—

(a) is competent to drive the vehicle in respect of which his application is made, and is not disqualified under the provisions of this Act;

(b) has paid the fee prescribed by regulations under the Licences Act.

(3) No licence shall be granted to a person who is under the age of 18 years, provided that a licence to drive a motor cycle may be granted to a person over the age of 16 years.

In case of doubt the licensing authority shall be the judge of the age of the applicant.

(4) A driving licence may be issued for 12 months or for 60 months and shall be valid for the period of issue from the date of commencement stated on it, which shall not be earlier but may be later than the date of issue.

(5) If it appears to the licensing authority that there is reason to believe that a person who holds a driving licence is suffering from a disease or physical disability likely to cause the driving by him of a motor vehicle, being a vehicle of any such class or description as he is authorised by his licence to drive, to be a source of danger to the public, and on inquiry into the matter the licensing authority, is satisfied, that he is suffering from such disease or disability as aforesaid, then the licensing authority may, after giving him notice of its intention so to do, revoke or refuse to renew the licence:

Provided that the licence holder may, except in the case of any such disease or disability as may be prescribed by regulations, claim to be subjected to a medical test as to his fitness or ability to drive a motor vehicle, and if he passes the medical test the licence shall not be revoked or shall be renewed, as the case may be. The medical test shall be carried out by the Chief Medical Officer or by a medical practitioner approved by him.

13. Evidence by certificate of driving licence and vehicle licence.

In any proceedings for an offence under this Act a certificate, signed by or on behalf of the licensing authority and stating that, on any date, a person was or was not licenced to drive any motor vehicle of any category or a vehicle was or was not licenced shall be prima facie evidence of the facts stated; and such a certificate purporting to be signed by or on behalf of the licensing authority shall be deemed to be so singed unless the contrary is proved.

14. Exemption of certain vehicles.

(1) No licence and no registration shall be required in respect of any vehicle which is the property of the President or which is the property of the Government and used by the President.

(2) No fee shall be payable in respect of the registration or the licensing of which is the property of the Government.

(3) No fee shall be payable in respect of the licensing of a vehicle which is constructed and used solely for the purpose of agriculture or for the carriage of the produce of or articles required for the use of agricultural land, but the fee prescribed for registration of such vehicle shall be payable.

15. Exemption from licence duty.

The following vehicles shall be exempt from licence duty namely—

(a) vehicles used by or for any public department;

(b) vehicles kept exclusively for sale;

(c) vehicles which are not used on public roads, provided that the possessors of such vehicles declare them to the licensing authority and obtain from the authority an acknowledgement that such vehicles are free from licence duty;

(d) any vehicles which the Minister after consultation with Minister for Finance may exempt from taxation.

16. Bye-laws.

The Transport Commissioner may by regulations prescribe and regulate parking places for public vehicles.

17. Power to prohibit or restrict use of vehicles on specified roads.

(1) The Transport Commissioner may, with the approval of the Minister, by order published in the Gazette, prohibit or restrict, subject to such exceptions and conditions as to occasional user or otherwise as may be specified in the order, the driving of vehicles or any specified class or description of vehicles on any specified road in any case in which he is satisfied that any such vehicles cannot be used or cannot without restriction be used on that road without endangering the safety of the vehicles or the persons therein or of other persons using the road or that the road is unsuitable for use or for unrestricted use by any such vehicles.

(2) The Transport Commissioner may, with the approval of the Minister make an order under this section for any of the following purposes—

(a) the specification of the routes to be followed by vehicles;

(b) the prohibition or restriction of the use of specified roads by vehicles of any specified class or description either generally or during particular hours;

(c) the prohibition of the driving of vehicles on any specified road otherwise than in a specified direction;

(d) the prohibition or regulation of the use of any road or any part thereof for the hire of any vehicles;

(e) otherwise in relation to the regulation or traffic:

Provided that no order shall be made under this subsection with respect to any road which would have the effect of preventing such access as may reasonably be required for the vehicles of any class or description to any premises situated on or adjacent to the road.

(3) An order made under this section and expressed to be a temporary order shall come into force on the date of its publication in the Gazette or on such later date as may be expressed in the order and shall remain in force for such period not exceeding three months as may be specified therein. An order not expressed to be a temporary order shall come into force on the date of its publication in the Gazette or on such later date as may be expressed in the order.

(4) Any person who uses a vehicle or causes or permits a vehicle to be used in contravention of an order made under this section shall be guilty of an offence and shall on conviction be liable to the penalties provided for under subsection (2) of section 24.

18. Power of Transport Commissioner temporarily to prohibit or restrict traffic on roads.

(1) Subject to the provisions of this section, if the Transport Commissioner is satisfied that traffic on any road should, by reason of works of repair or reconstruction being required or being in progress on or under the road, be restricted or prohibited, he may restrict or prohibit the use of that road or of any part thereof by vehicles or by vehicles of any particular class or description to such extent and subject to such conditions or exceptions as he may consider necessary.

(2) Before prohibiting the use of a road under this section, the Transport Commissioner shall seek the approval of the Minister and shall cause notice thereof to be published in one newspaper circulating in Seychelles.

Every notice shall contain a statement of the effect of the prohibition and a description of the alternative route, if any, available for traffic.

(3) So long as any restriction or prohibition made under this section is in force, a notice stating the effect thereof and describing any alternative route available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the restriction or prohibition relates and at the points at which it will be necessary for vehicles to diverge from the road.

(4) Any person who uses, or causes or permits the use of, a vehicle in contravention of any restriction or prohibition imposed under this section shall be guilty of an offence and shall on conviction be liable to the penalties provided for under subsection (2) of section 24.

19. Power to place traffic signs.

(1) The Transport Commissioner may, with the approval of the Minister, cause to be erected and maintained traffic signs on or near any road.

(2) Traffic signs which have been erected before the coming into force of this section shall be deemed to have been erected under the authority of this section.

(3) Any person engaged in the erection or maintenance of traffic signs placed in accordance with subsection (1) may enter any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of the powers and duties under this section.

(4) Traffic signs shall be of the design and type as may be prescribed by regulations.

(5) All traffic signs shall be deemed to have been lawfully erected until the contrary be proved.

(6) Any person wilfully and unlawfully damaging, moving, defacing. altering or otherwise interfering with, any traffic sign shall be guilty of an offence and shall on conviction be liable to the penalties provided under subsection (2) of section 24.

20. Penalties for neglect of traffic directions.

Where a police officer in uniform is for the time being engaged in the regulation of traffic on a road or where any traffic sign, being a sign for regulating the movement of traffic or indicating the route to be followed by traffic or indicating by a number of parallel white lines a place where foot passengers may cross any road has been lawfully placed on or near any road, any person driving or propelling any vehicle who—

(a) neglects or refuses to stop the vehicle or to make it proceed in or keep to a particular line of traffic when directed so to do by the police officer in the execution of his duty; or

(b) fails to conform to the indication given by the sign,

shall be guilty of an offence and shall on conviction be liable to the penalties provided under subsection (2) of section 24.

21. Parking.

(1) The Transport Commissioner may, with the approval of the Minister, by order published in the Gazette prohibit or restrict subject to such exceptions and conditions as may be specified in the order, the parking of vehicles either absolutely or during certain days or during certain hours.

(2) The provisions of subsection (3) of section 17 shall apply to an order made under subsection (1).

(3) The Transport Commissioner may, under the authority of section 19 cause to be erected and maintained signs to indicate where parking is prohibited or restricted or where parking is allowed in accordance with any order made under subsection (1). Any such signs shall fall within the category of traffic signs and the provisions of section 19 shall apply with respect thereto.

(4) Any police officer controlling traffic may temporarily for the purpose of preventing obstructions prohibit or restrict the parking of vehicles on any part of the road.

(5) Any person who parks a vehicle or causes or permits a vehicle to be parked in contravention of an order made under subsection (1) or of any prohibition or restriction under subsection (4) shall be guilty of an offence and shall on conviction be liable to the penalties provided under subsection (2) of section 24.

22. Speed of motor vehicles.

(1) Notwithstanding the provisions of any regulations under paragraph (v) of subsection (1) of section 28 or irrespective of whether such regulations have been made, the Transport Commissioner may, with the approval of the Minister—

(a) impose on any road such limit or lower limit of speed as he considers necessary in circumstances when, by reason of repairs, reconstruction or damage to the road such limit of speed is necessary for the public safety or to prevent damage to the road, provided that such limit shall be imposed only for such period as is necessary to carry out repairs or reconstruction or until the condition of the road is satisfactory; or

(b) impose on any road or area such limit or lower limit of speed as may be necessary for the safety of the public having regard to the width of roads, nature of traffic or general development of the area:

Provided that in any case whilst such limit of speed is in force under the provisions of this section indication of the maximum speed permitted shall be given by traffic signs erected and maintained as provided under section 19, so as plainly to indicate to drivers entering or leaving such restricted road where the speed limit begins and ends.

(2) Any person who drives, or being the owner or person in charge of a motor vehicle, causes or permits any other person to drive, any motor vehicle at a speed exceeding the limit imposed under the provisions of subsection (1) shall be guilty of an offence and shall on conviction be liable to the penalties provided under subsection (2) of section 24.

23. Foot-passenger crossings.

(1) The Road Transport Commissioner may, with the approval of the Minister, establish crossings for foot-passengers on any road.

(2) The Minister may make regulations with respect to the precedence of vehicles and foot-passengers respectively and generally with respect to the movement or traffic (including foot-passengers), at and in the vicinity of a crossing (including regulations prohibiting foot-passenger traffic on the road within 100 metres of a crossing) and with respect to the indication of the limits of a crossing by marks on the road or otherwise and to the erection of traffic signs in connection therewith. This includes the power to make regulations with respect to the indication by marks or devices on or near the road or otherwise of any matter relating to the crossing.

(3) Different regulations may be made under this section in relation to different traffic conditions and, in particular, but without prejudice to the generality of the foregoing words, different regulations may be made in relation to crossings in the vicinity of, and at a distance from a junction of roads, and to traffic which is controlled by the police, and which is not controlled. This includes the power to make regulations applying only to a particular crossing or particular crossings specified in the regulations.

(4) Regulations made under this section may provide that contravention of or failure to comply with any such regulations shall be an offence and a person guilty of any such offence shall on conviction be liable to the penalties provided under subsection (2) to section 24.

(5) In this section the expression “crossing” means a crossing for foot passengers established in accordance with the provisions of subsection (1) and indicated in accordance with the regulations having effect as respects that crossing, and all crossings shall be deemed to have been established and indicated as aforesaid unless the contrary be proved.

24. Offences.

(1) A person shall be deemed to commit an offence under this Act if—

(a) he commits an offence under the regulations;

(b) he drives a motor vehicle on a road recklessly or negligently, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road;

(c) being the driver or in charge of a vehicle on any road or public place, he is drunk or is under the influence of drink or drugs to such an extent as to be unfit to drive or be in charge of a vehicle;

(d) being the driver of a vehicle driven so that an offence has been committed, he refuses to give his name and address or gives a false name and address;

(e) being the owner of a vehicle driven so that an offence has been committed, he fails to give any information which it is in his power to give and which may lead to identification and apprehension of the driver;

(f) being the driver of a motor vehicle he fails to produce his licence when it is demanded by a police officer;

(g) being the driver of a vehicle, he fails to stop when an accident occurs to any person or to any vehicle or animal, or to any property, owing to the presence of his vehicle on the road, or if required so to do by any person having reasonable grounds for so requiring, fails to give his name and address and also the name and address of the owner of the vehicle and the registration mark and number of the vehicle or fails to declare such accident as soon as reasonably practicable at the nearest police station, and in any case within twenty four hours of the occurrence thereof: in this paragraph the expression “animal” means any horse, cattle, ass, mule, sheep, pig, goat or dog;

(h) he forges or fraudulently alters or uses or lends or allows to be used by any other person any mark for identifying a vehicle or any licence under this Act;

(i) he rides on, or takes and leads away, or in any way displaces any vehicle without the consent of the owner or person in lawful charge thereof;

(j) without the consent of the owner or person in lawful charge of a motor vehicle he rides in or drives the same or sets the machinery thereof in motion, or places such motor vehicle in gear, or in any way interferes with the machinery accessories or parts thereof;

(k) when driving or in charge of, or during any period of or before duty in connection with the driving of, a public vehicle, he drinks any alcoholic drink;

(l) he knowingly gives any driver or any person in charge of a public vehicle any alcoholic drink, whether for reward or not;

(m) he allows an unlicenced vehicle to be on any road whether or not such vehicle is being driven at the time.

(2) Any person guilty of an offence under this Act shall be liable on conviction to imprisonment for a period not exceeding two years or to a fine not exceeding R10,000 or to both such imprisonment and fine.

(3) Any police officer may arrest without warrant a person who commits an offence under paragraph (c) or (k) of subsection (1) of this section.

(4) Any police officer may apprehend without a warrant the driver of a vehicle who commits an offence under this section within his view if he fails to give his name and address or produce his licence on demand or if the vehicle does not bear the prescribed identification mark.

(5) The court may convict any person of an offence under this Act on the evidence of a single witness although it is not corroborated by any material evidence:

Provided that no person shall be convicted under subsection (1)(c) of this section on the evidence of one person only, unless there be material corroboration of such evidence.

(6) For the purposes of paragraph (c) of subsection (1) of this section—

(a) a person shall be taken to be unfit to drive or be in charge of a vehicle if his ability to drive properly is for the time being impaired;

(b) a person shall be deemed not to have been in charge of a vehicle if he proves—

(i) that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained unfit to drive through being under the influence of drink or drugs; and

(ii) that between his becoming unfit to drive as aforesaid and the material time he had not driven the vehicle on a road or other public place.

(7) —

(a) Subject to the following provisions of this subsection, where a person is prosecuted for an offence under section 20 or under subsection (1)(b), (c) or (m) of this section he shall not be convicted unless either—

(i) he was warned at the time the offence was committed that the question of prosecuting him for one or other of the offences to which this subsection applies would be taken into consideration; or

(ii) within fourteen days of the commission of the offence a summons for the offence was served on him; or

(iii) within the said fourteen days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was served on him:

Provided that notice of intended prosecution shall be deemed to have been served on any person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

(b) The requirements of paragraph (a) of this subsection shall in every case be deemed to have been complied with unless and until the contrary is proved.

(c) failure to comply with the requirements of paragraph (a) of this subsection shall not be a bar to the conviction of the accused in a case where the court is satisfied—

(i) that the name and address of the accused could not with reasonable diligence have been ascertained in time for a summons to be served or sent in compliance with the said requirements; or

(ii) that the accused by his own conduct contributed to the failure.

24A. Traffic Wardens.

(1) In this section “specified provision” means—

(a) a provision of this Act;

(b) any regulation made under this Act;

(c) a provision of any regulation under this Act;

specified in the Schedule to this Act the contravention of which constitutes a prescribed offence under the Minor Offences (Fixed Penalties) Decree.

(2) The Minister may appoint the wardens for the purposes of this Act.

[S 24A(2) am by s 2(b) of Act 14 of 2000 w.e.f. 27 November 2000.]

(3) A traffic warden shall have powers of a police officer under the Minor Offences (Fixed Penalties) Decree for the purposes of implementing a specified provision under the Decree and for this purpose a reference in the Decree to a police officer includes a reference to a traffic warden.

(4) The Minister may, by regulations amend the Schedule.

[S 24A ins by s 2(a) of Act 8 of 1997 w.e.f. 18 August 1997.]

24B. Functions of Traffic Wardens.

(1) It shall be lawful for a traffic warden to enforce any provision of the Act or any regulation made thereunder.

(2) A traffic warden shall have the powers of a police officer under this Act for the purposes of subsection (1).

(3) The Director General of Land Transport and the Commissioner of Police shall ensure the proper coordination of the functions of traffic wardens and police officers relating to the regulation and control of traffic.

[S 24B ins by s 2(c) of Act 14 of 2000 w.e.f.
27 November 2000.]

25. Causing death by reckless or dangerous driving.

A person who causes the death of another person by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition, and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, shall be liable on conviction to imprisonment for a term not exceeding five years.

26. Burden of proof.

Notwithstanding anything to the contrary, where a person is charged with any offence under this Act concerning the possession of a driving licence, the burden of proving that he possesses such a licence shall be upon the person so charged.

27. *Suspension of driving licence.

(1) Any court before whom a person is convicted of any offence under this Act or of any offence in connection with the driving of a vehicle—

(a) may, if the person convicted holds a driver’s licence, suspend his licence for any specified period, and, where the court thinks fit, declare such person to be disqualified from obtaining a licence for any further period after the expiry of the licence:

Provided, however, where a person is convicted of an offence under subsection (1)(c) of section 24 the court shall, unless for special reasons it thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, suspend the licence and declare such person to be disqualified from obtaining a licence for a period of not less than twelve months from the date of the conviction;

(b) may, if the person convicted does not hold a licence under this Act, declare him disqualified from obtaining a licence for any specified period; and

(c) shall, if the person convicted holds a driver’s licence, cause the particulars of the conviction and of any order of the court made under this section to be endorsed upon such licence and shall cause a copy of these particulars to be sent to the licensing authority by whom the licence was granted.

(2) Any person so convicted if he holds any licence under this Act shall produce the licence to the court within seven days from the date of conviction for the purpose of endorsement and if he fails to do so shall be guilty of an offence under this Act.

(3) A licence so suspended by the court shall during the time of suspension be of no effect, and a person whose licence is suspended or who is declared by the court to be disqualified from obtaining a licence shall during the period of suspension or disqualification not obtain a licence.

(4) If any person who under the provisions of this Act is disqualified from obtaining a licence, applies for or obtains a licence whilst so disqualified, or if any person whose licence has been endorsed, applies for or obtains a licence without giving particulars of the endorsement, he shall be guilty of an offence under this Act and any licence so obtained shall be of no effect.

(5) —

(a) A person whose licence is suspended or who is declared to be disqualified from obtaining a licence may apply to the court by which the order of suspension or disqualification was made to remove such suspension or disqualification, and on any such application the court may, as it thinks proper, having regard to the character of the person disqualified and his conduct subsequent to the order, the nature of the offence and any other circumstances of the case, either by order remove the suspension or the disqualification as from such date as may be specified in the order or refuse the application.

(b) No application shall be made under paragraph (a) before the expiration of whichever is relevant of the following periods from the date of the order by which the suspension or disqualification was imposed, that is to say—

(i) one half of the period of disqualification if it is for less than six years but not less than two years;

(ii) 3 years in any other case.

(c) Where an application under paragraph (a) is refused, a further application thereunder shall not be entertained if made within three months after the date of the refusal.

(d) If under this subsection a court orders a suspension or disqualification to be removed, the court shall cause particulars of the order to be endorsed on the licence, if any, previously held by the applicant.

[*Note to 1996 Ed: See section 6(3)(b) of the Licences Act (Cap 113).]

28. Regulations.

(1) The Minister may make regulations to carry out the objects and provisions of this Act and, without prejudice to the generality of the foregoing power, such regulations may provide for—

(a) anything which by this Act is required to be or may be prescribed;

(b) the forms to be used for any purposes of this Act;

(c) the weights of goods and passengers, the number of passengers which vehicles may carry, the method by which seating capacity is to be determined and the gross weight of vehicles;

(d) the weight and size of vehicles which may be permitted on any class of road and the manner in which, if at all, vehicles whose weight or size is in excess of the prescribed maximum weight or size may be allowed to use any road;

(e) the construction of, and equipment to be carried by any class of vehicle, and in particular the type of tyres, lights and warning instruments to be carried by any class of vehicle, or any restriction in the carrying or use of lights and warning instruments;

(f) prescribing minimum requirements as respects the condition of tyres used on motor vehicles and prohibiting the use on any motor vehicle of any tyres which does not conform to those requirements;

(g) the carrying on any class of vehicle of any special identification plates, and the fees, if any, to be charged for such plates;

(h) prohibiting or regulating the registration or licensing of any motor vehicle for use as an omnibus (as defined in the regulations) unless it is of a type approved for use as an omnibus (as so defined by the prescribed authority);

(i) all matters relating to the inspection, registration, licensing, regulation and control of vehicles or of any class thereof, to the conditions which may be imposed and to the fees which may be charged in regard thereto;

(j) prohibiting or restricting the possession or use of any motor vehicle, whether on a road or not, on any island other than Mahe;

(k) the manner in which a licence, an identification plate or mark, a tariff of charges or the authorised number of passengers is to be displayed;

(l) the notification of the change of ownership of any vehicle, the registration thereof and the fees to be paid on such change of ownership;

(m) all matters relating to the licensing of owners, operators, drivers and conductors of public vehicles and of self drive hire vehicles, the regulation and control of the conduct of such drivers and conductors the wearing by them of special badges and uniforms and the fees to be paid for any badges provided by an authority;

(n) conditions of service and hours of work for persons employed by owners of public or of commercial vehicles;

(o) the regulation or prohibition of the carriage of luggage, animals or goods by or on public vehicles;

(p) the maximum or minimum fares to be charged for the use of public vehicles at specified rates or for specified journeys and the control of charges that may be made in respect of the use of public vehicles and of self drive hire vehicles;

(q) all matters that may prohibit or restrict unfair competition between public vehicles of the same class or of different classes;

(r) the regulation of the timings of arrivals or departures of specified public vehicles whether they belong to a single or more owners and the running and keeping of such vehicles to specified time tables along specified routes;

(s) the duty of public vehicles to carry passengers or accept fares and the extent of such duty, the taking up and setting down of passengers at specified points and the prohibition of the taking up and setting down of passengers between specified points;

(t) the safety and convenience of passengers of public vehicles and the regulation of the conduct of such passengers;

(u) the prohibition or restriction of the conveyance in public vehicles of persons suffering from any infectious or contagious disease;

(v) the speed at which vehicles or any class of vehicles may be driven either generally or on any specified road or within any specified area or place;

(w) the class of driving licences which may be issued, the conditions to be fulfilled before driving licences are issued, the revocation of driving licences and the fees to be paid for driving licences;

(x) the establishment of driving schools, their maintenance, management and courses of driver training;

(y) the conditions upon which learners’ driving permits may be issued and the fees to be paid for such permits;

(z) the procedure to be adopted and the conditions to be observed in connection with the issue of documents necessary for international travel and the use of such documents in Seychelles;

(aa) the conditions upon which motor vehicles licenced outside Seychelles may be used within Seychelles and on which persons holding driving licences or permits issued outside Seychelles may be allowed to drive within Seychelles;

(bb) persons riding on or in a motor vehicle of any class or description to wear protective headgear of such description as may be specified or to take such other measures of protection as may be specified, subject to such exceptions as may be provided and to such different provisions as may be made in relation to different circumstances;

(cc) evidence relating to charges of unfitness to drive or be in charge of a vehicle and all matters relating to the obtaining, production and effect of such evidence including the conclusiveness of such evidence;

(dd) the rules of the road, and the signals to be given and obeyed by drivers of vehicles;

(ee) all matters relating to the regulation and control of the movement of foot-passengers on roads, including the precedence of vehicles and foot-passengers respectively and the prohibition of foot-passengers from walking on or along any road;

(ff) sizes or forms of notices, forms or records relating to taxis to be as decided or approved by the licensing authority;

(gg) any matter incidental to or consequential on any of the foregoing matters.

(2) Regulations made under this section may create offences and provide that contravention of or failure to comply with any such regulations shall be an offence and such offences shall be punishable as provided for under subsection (2) of section 24.

29. Criminal and civil liability not affected.

Nothing in this Act shall affect any liability, whether criminal or civil, of the driver or owner of the vehicle by virtue of any law or Act for the time being in force:

Provided that no person shall be punished twice for the same offence.

30. Evidence by certificate of examination and testing of devices etc.

(1) In any proceedings for an offence relating to the use of motor vehicle on a road a certificate purporting to be issued by a prescribed authority and certifying that a device or piece of equipment—

(i) required by this Act to be or used as part of a motor vehicle;

(ii) used for the purposes of measuring, detecting or testing any matter or thing under this Act in accordance with the use of a motor vehicle; or

(iii) used for the purposes of testing the fitness of a person to drive or to be in charge of a motor vehicle,

has been examined or tested shall be evidence of the facts stated in the certificate and of the accuracy or correctness of the device or piece of equipment within such limits of error, if any, as may be stated in the certificate.

(2) In this section the expression “prescribed authority” means such person institute, laboratory, authority or body as may be prescribed by regulations for the purpose of examining or testing devices or pieces of equipment for the purposes of this Act and of issuing certificates under this section.

[S 30 rep and subs by s 2 of Act 5 of 1996 w.e.f. 8 April 1996.]

SCHEDULE

[Section 24A]

SPECIFIED PROVISIONS

1. Section 17(4) read with paragraph 4 of the Road Transport (One Way Street and Restricted Road Use) Order.

2. Section 21 read with Road Transport (Parking) Order.

3. Section 21 read with paragraph 2 of the Road Transport (Parking Fees) Order, 1995.

4. Regulation 5 of the Road Transport (Pedestrian Zebra Crossings) Regulations read in conjunction with regulation 10 of those Regulations.

5. Regulation 7(2) of the Road Transport (Pedestrian Zebra Crossings) Regulations read in conjunction with regulation 10 of those Regulations.

6. Regulation 7(3) of the Road Transport (Pedestrian Zebra Crossings) Regulations read in conjunction with regulation 10 of those Regulations.

7. Regulation 75 of the Road Transport Regulations read in conjunction with regulation 80(d) of those Regulations.

[Sch ins by s 2(b) of Act 8 of 1997 w.e.f. 18 August 1997.]

 

SUBSIDIARY LEGISLATION

Road Transport Regulations

[Section 28]

Arrangement of Regulations

PART 1

Preliminary

1. Citation.

2. Definitions.

PART 2

Equipment and Condition of Vehicles

3. Warning appliances.

4. Prevention of damage to road.

5. Dimensions of vehicles.

6. Motor engine.

Emission of smoke

7. Suppression of ignition system.

8. Exhaust silencers.

9. Driving mirror.

10. Steering and controls.

11. Brakes.

12. Wheels and tyres.

13. Condition and maintenance of tyres.

14. Windscreens and windows of motor vehicles to be clear.

15. Safety glass.

16. Windscreen wipers.

Clear view

17. Types of direction indicator.

18. Commercial vehicles: passengers.

19. Drivers and conductors to be licenced.

20. Disinfection of vehicles.

21. All parts of public vehicles to be maintained in good order.

22. Trailers.

PART 3

Load of Vehicles

23. Dimensions of loads.

24. Projecting loads.

25. Loads not to touch road.

26. Maximum weight of load.

27. Overall permitted weight.

27A. Maximum axle load.

PART 4

Lighting

28. Lighting-up time.

29. Carts and carriages.

30. Bicycles and tricycles.

31. Motor vehicles.

32. Bicycles propelled by mechanical power and combination.

33. Headlamps.

33A. Other requirement of headlamps.

34. Vehicles to be registered and licenced.

34A. Allocation and reallocation of numbers.

35. Applications.

36. Surrender of expired licences.

37. Restriction on licences for camion.

38. Learner’s permit.

39. Conditions.

40. Notification of breaking up, destruction or exportation of vehicles.

41. Refund of licences in certain cases.

42. Duplicate licences.

43. Defacement of licences.

44. Mode in which licence to be carried.

45. Fitness.

45A. Fitness test for bicycles and tricycles.

PART 6

Driving Licences

46. Driving licences.

47. Driving test.

48. Certificates of competency to drive.

49. Medical test.

50. Licence to drive a commercial or public motor vehicle.

51. Duration.

52. Type of licence to be issued in respect of motor vehicle.

52A. –

53. Responsibility of driving instructors and display of “L” plates.

PART 7

Identification Marks

54. Registered number and mark to be affixed to vehicles.

55. Carts and carriages.

56. Discs or labels on bicycles or tricycle.

57. Motor bicycles.

58. Other motor vehicles.

59. Plates to be visible.

60. Trailers.

PART 8

Application of International Convention

61. Visitors to Seychelles.

62. Recognition of international certificates.

63. Provisions of regulation 62 to apply in certain cases.

64. International certificates and permits.

PART 9

Rules of the Road

65. Observance of signals and orders given by police.

66. Rule of the road.

67. Vehicles passing on the road.

68. Turning corners.

69. Right turn.

70. Left turn.

71. Slowing down.

72. Traffic police.

73. Vehicle descending hill.

74. Rules for bicycles and motor cycles.

74A. Seat belt.

75. Vehicle stopping on roads.

76. Speed limits on Mahe, Praslin and La Digue.

76A. –

76B. –

PART 10

General

77. Prescription of fees.

78. Lost property.

79. Minister may give direction as to standard and equipment.

79A. Victoria Vehicle Testing Station and designated garage.

PART 11

Offences

80. Using vehicles contrary to regulations.

81. Saving.

82. Offences in connection with lighting of vehicles.

83. Unnecessary noise.

84. Miscellaneous offences.

85. Further offences.

86.

SCHEDULE

GG 23/1/1950,

30/1/1950,

10/7/1950,

24/7/1950.

P 16 of 1952,

93 of 1956.

GN 78 of 1951,

94 of 1951,

86 of 1952.

SI 6 of 1958,

4 of 1960,

15 of 1960,

61 of 1960,

54 of 1962,

8 of 1963,

65 of 1964,

21 of 1965,

40 of 1965,

28 of 1967,

39 of 1967,

49 of 1967,

58 of 1968,

3 of 1970,

6 of 1970,

81 of 1972,

77 of 1973,

76 of 1974,

102 of 1974,

13 of 1975,

95 of 1975,

104 of 1975,

109 of 1975,

110 of 1975,

93 of 1976,

104 of 1976,

53 of 1977,

7 of 1978,

39 of 1978,

40 of 1978,

47 of 1978,

65 of 1978,

103 of 1978,

77 of 1980,

62 of 1981,

5 of 1982,

15 of 1982,

41 of 1982,

39 of 1984,

71 of 1984,

38 of 1987,

13 of 1988,

44 of 1988,

32 of 1989,

9 of 1990,

16 of 1990,

71 of 1991,

64 of 1994,

53 of 1996,

74 of 1997,

38 of 1998,

4 of 1999,

18 of 1999,

24 of 1999,

10 of 2000,

9 of 2002,

41 of 2013,

122 of 2014,

8 of 2016,

36 of 2016.

[Date of commencement: 23rd January 1950]

[Note: The section headings before regulations 7 and 17 appear to have been mistakenly inserted in the 1991 Ed. and may have originally formed part of the regulation headings for regulations 6 and 16.]

PART 1

Preliminary

1. Citation.

These regulations may be cited as the Road Transport Regulations.

2. Definitions.

In these regulations unless the context otherwise requires—

“bicycle” means a two wheeled vehicle used for conveyance of persons on any road and includes a tandem but does not include a motor cycle or a rickshaw;

[Ins by reg 2(a) of SI 74 of 1997 w.e.f. 24 November 1997.]

“cart or carriage” means a vehicle drawn by an animal or a person;

“commercial vehicle” means a vehicle used or intended to be used for the conveyance of goods, either for hire or in connection with the trade or business of the owner of the vehicle but shall not include any vehicle which is intended to be used for the conveyance of goods and which has subsequently been adapted, altered, modified or changed for use as a passenger vehicle; and

“omnibus” means a public or private omnibus;

“prescribed” means prescribed by regulations made under the Act;

“public service vehicle” means a taxi, a commercial vehicle and an omnibus;

[Ins by reg 2(a)(i) of SI 24 of 1999 w.e.f. 14 June 1999.]

“public vehicle” shall not include any motor vehicle which is given on hire or for reward by or on behalf of the owner thereof to any person for use by that person on condition that such motor vehicle be driven by or under the authority of that person;

“rider” means a person engaged in the riding of a bicycle or a tricycle and, where a separate person acts as steersman of a bicycle includes that person and the word “ride” shall be construed accordingly;

[Ins by reg 2(a) of SI 74 of 1997 w.e.f. 24 November 1997.]

“special purpose vehicle” means a vehicle used for a specific purpose other than for transportation of passengers or the conveyance of goods, and includes a tractor, dumper, trailer and excavator;

[Ins by reg 2(a)(ii) of SI 24 of 1999 w.e.f. 14 June 1999.]

“tandem” means a bicycle with two sets of pedals and two saddles arranged one behind the other for two riders;

[Ins by reg 2(a) of SI 74 of 1997 w.e.f. 24 November 1997.]

“trailer” means any vehicle which has no independent motive power of its own and which is attached to and drawn by a motor-vehicle but does not include any part of an articulated vehicle or any side-car attached to a motor-vehicle;

“tricycle” means a three wheeled vehicle used for the conveyances of persons or goods on any road;

[Ins by reg 2(a) of SI 74 of 1997 w.e.f. 24 November 1997.]

“segway” means a two wheeled, self-balancing, electrically powered vehicle.

[Ins by reg 2(a) of SI 41 of 2013 w.e.f. 6 May 2013]

PART 2

Equipment and Condition of Vehicles

3. Warning appliances.

(1) Every motor vehicle shall carry an effective horn, or such appliance for giving audible warning as may be approved by the Road Transport Commissioner, having regard to the provisions of paragraph (4).

[Reg 3(1) am by reg 2(a)(i) of SI 10 of 2000 w.e.f. 21 February 2000.]

(2) To every bicycle, tricycle and rickshaw there shall be affixed an effective bell or horn for giving audible warning.

[Reg 3(2) am by reg 2(b) of SI 74 of 1997 w.e.f. 24 November 1997.]

(3) Except where necessary on the grounds of safety no person shall on any road sound any warning appliance on a stationary vehicle.

(3) —

(a) A steering system with a steering wheel that is 380mm in diameter should be so constructed as to allow free play for the steering wheel in accordance with this regulation.

(i) Where there are several joints between the steering wheel and the rack there should be movement up to 48mm.

(ii) On a rack and pinion steering system free play must not exceed 13mm and on a non-rack and pinion steering system free play must not exceed 75mm.

(4) —

(a) The sound of a single horn, or several horns operating simultaneously, of a motor vehicle shall not be below 90 db or above 115 db, and such sound shall not vary in continuity, sound level or tone quality.

(b) A siren or bell may be allowed as a substitute for a horn only in the case of a fire engine, an ambulance, police vehicle or a highway patrol vehicle.

[Reg 3(4) ins by reg 2(a)(ii) of SI 10 of 2000 w.e.f.
21 February 2000.]

4. Prevention of damage to road.

Every vehicle moving on any road shall have its wheels properly aligned so that their rolling motion is truly conveyed to the road. No vehicle with a defective wheel, tyre, wheel hub or axle, or with any other defect which allows the wheel or tyre to damage the road, shall be used on any road.

5. Dimensions of vehicles.

(1) No person shall without the written permission of the Minister cause or permit any vehicle to be used on any road or shall drive or have charge of such vehicle when so used, unless the following conditions are complied with—

(a) The extreme width including the mudguards shall not exceed 2.3 metres.

(b) The maximum height loaded, or unloaded, measured from the surface of the road, shall not exceed 2.9 metres and shall in no case be greater than twice the distance between the rear wheels measured from the centre of the tyres.

(c) The length measured between the extreme projecting points of the vehicle shall not exceed seven metres.

(d) The overhang behind the rear axle shall not exceed seven twenty-fourths of the extreme length.

(e) The tare weight shall not exceed 3300 kilogrammes.

(2) The weight to be prescribed under subsection (1) of section 3 of the Act shall be as follows—

(i) when the vehicle is imported without body 2800 kilogrammes.

(ii) when the vehicle is imported with the body 3300 kilogrammes.

6. Motor engine.

The engine of a motor vehicle shall be so designed and maintained as to prevent serious inconvenience to other persons using the road and without prejudice to the generality of the foregoing as to—

(a) comply with the standard specification for automative vehicle emissions established from time to time by the Seychelles Bureau of Standard for that motor vehicle;

(b) prevent emission of foul smelling or harmful gases and excessive smoke;

(c) prevent danger of fire and explosion;

(d) work in an efficient manner.

(3) The Road Transport Commissioner may cause the fuel injection equipment of every vehicle fitted with a diesel engine to be sealed so as to prevent the tampering with or alteration of such equipment.

[Reg 6(3) ins by reg 2(a) of SI 9 of 2002 w.e.f. 18 March 2002.]

(4) It shall be an offence to wilfully break or remove a seal of a vehicle sealed under subregulation (3) without an authorisation under subregulation (5).

[Reg 6(4) ins by reg 2(a) of SI 9 of 2002 w.e.f.
18 March 2002.]

(5) A person may, upon application on a form provided by the Road Transport Commissioner, be authorised by the Commissioner to remove a seal of a vehicle referred to in subregulation (4) for the purpose of adjusting its fuel injection equipment

[Reg 6 rep and subs by reg 2(a) of SI 53 of 1996 w.e.f. 15 July 1996; reg 6(5) ins by reg 2(a) of SI 9 of 2002 w.e.f.
18 March 2002.]

[Note: Sub regulations (3), (4) and (5) have been inserted by reg 2(a) of SI 9 of 2002, with stipulation to insert them after sub regulation (2). However, there was no existing sub regulation (2). This SI further says that the amendment is being done to regulation 6, as amended by SI 10 of 2000, but even that SI had not incorporated the sub regulation (2).]

Emission of smoke

7. Suppression of ignition system.

The ignition system of every motor vehicle shall be ignition electrically suppressed against causing radio interference.

8. Exhaust silencers.

Every vehicle propelled by an internal combustion engine shall be fitted with an effective silencer.

9. Driving mirror.

(1) No person shall drive any motor vehicle (except a motor bicycle alone or in combination) unless it is equipped with a mirror giving him a clear view of all following traffic.

[Reg 9 renumbered as reg 9(1) by reg 2(b) of SI 10 of 2000 w.e.f. 21 February 2000.]

(2) This regulation shall be deemed to be complied with in the case of a bus or a goods vehicle the gross weight of which exceeds 3500 kg (not being an agricultural vehicle) if—

(a) one mirror is fitted externally on the offside of the vehicle;

(b) one mirror is fitted internally giving the driver a view of the rear of the vehicle;

(c) one mirror is fitted externally on the near side of the vehicle together with a mirror fitted internally giving the driver a view of the rear of the vehicle;

(d) in the case of a bus or minibus the driver is able to see the area immediately inside and outside every service door of the bus or minibus.

[Reg 9(2) ins by reg 2(b) of SI 10 of 2000 w.e.f. 21 February 2000.]

10. Steering and controls.

(1) No vehicle shall be used on any road unless it is equipped with an effective steering apparatus which will allow it to be turned readily and with certainty.

(2) No motor vehicle shall be used unless the steering and other controls are so arranged that the driver can manipulate them with certainty while retaining a clear view of the road.

(3) —

(a) A steering system with a steering wheel that is 380mm in diameter should be so constructed as to allow free play for the steering wheel in accordance with the regulation.

(b) When there are several joints between the steering wheel and the rack there should be movement upto 48mm.

(c) On a rack and pinion steering system free play must not exceed 13 mm and on a non-rack and pinion steering system free play must not exceed 75 mm.

[Reg 10(3) ins by reg 2(c) of SI 10 of 2000 w.e.f. 21 February 2000.]

11. Brakes.

(1) Every motor vehicle shall be equipped with two entirely independent braking systems, or with one efficient braking system having two independent means of operation, in each case so designed and constructed that the failure of any single portion of any braking system shall not prevent the brakes on two wheels, or, in the case of a vehicle having less than four wheels, on one wheel, from operating effectively so as to bring the vehicle to rest within a reasonable distance:

Provided that in the case of a single braking system, the two means of operation shall not be deemed to be otherwise than independent solely by reason of the fact that they are connected either directly or indirectly to the same cross shaft.

(2) Where, in the case of a single braking system, the means of operation are connected directly or indirectly to the same cross shaft, the brakes applied by one of such means shall act on all of the wheels of the motor vehicle directly and not through the transmission gear.

(3) In all cases the brakes operated by one of the means of operation shall direct mechanical action without the intervention of any hydraulic, electric or pneumatic device.

(4) In all cases the brakes operated by one of the means of operation shall act directly upon the wheels and not through the transmission gear.

(5) All brakes prescribed by these regulations shall at all times while the motor vehicle or trailer is used on a road be maintained in good and efficient working order and shall be properly adjusted and without prejudice to the foregoing the braking efficiency of a motor vehicle of a class specified in column 1 shall be such that when the percentage brake force specified for the class of vehicles as a corresponding entry in column 2 is applied in respect of the unladen vehicle, the vehicle does not have an imbalance of more than 25% on steered roadwheels of the vehicle—

 

Column 1

Column 2

motor vehicle, other than a motor cycle, bicycle, tricycle, or tracked motor vehicle

50%

motor cycle

30%

trailer

45%

 

[Reg 11(5) am by reg 2(b) of SI 53 of 1996 w.e.f.
15 July 1996.]

(6) Every trailer shall be fitted with sufficient brakes to the satisfaction of the Commissioner of Police:

Provided that this regulation shall not apply in the case of two wheeled trailers not constructed with brakes which were in use in Seychelles prior to the commencement of these regulations.

(7) Every bicycle or tricycle shall be equipped with a safe and efficient brake.

[Reg 11(7) am by reg 2(c) of SI 74 of 1997 w.e.f. 24 November 1997.]

12. Wheels and tyres.

(1) Except with the special permission of the Minister in each case, no motor vehicle, trailer, bicycle or tricycle shall be used on any road unless all its wheels are fitted with pneumatic tyres, not being recut pneumatic tyres.

[Reg 12(1) am by reg 2(d) of SI 74 of 1997 w.e.f. 24 November 1997.]

(2) Effective mud-guards shall be provided on all vehicles.

(3) In this regulation—

“pneumatic tyre” means a tyre which complies in all respects with the following requirements—

(i) it shall be provided with, or together with the wheel upon which it is mounted shall form, a continuous closed chamber inflated to a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used, but is not subjected to any load;

(ii) it shall be capable of being inflated and deflated without removal from the wheel or vehicle;

“recut pneumatic tyre” means any pneumatic tyre in which an existing tread pattern has been cut or burnt deeper or a new tread pattern has been cut or burnt except where the pattern has been cut or burnt entirely in additional material added for the purpose.

13. Condition and maintenance of tyres.

(1) No person shall use or cause or permit to be used on road any motor vehicle or trailer having a wheel fitted with a pneumatic tyre, if—

(a) the tyre is unsuitable having regard to the use to which the motor vehicle or trailer is being put or to the types of tyres fitted to its other wheels;

(b) the tyre is not so inflated as to make it fit for the use to which the motor vehicle or trailer is being put;

(c) the tyre has—

(i) any break in its fabric; or

(ii) a cut exceeding the greater of 25 millimetres or 10 percent of the section width of the tyre, measured in any direction on the outside of the tyre and deep enough to reach the body cords;

(d) the tyre has any lump or bulge caused by a separation or partial failure of its structure;

(e) the tyre has any portion of the ply or cord structure exposed; or

(f) the tread pattern of the tyre does not have a depth of at least one millimetre throughout at least three quarters of the breadth of the tread and round the entire outer circumference of the tyre.

(2) Without prejudice to sub-regulation (1), no person shall use or cause or permit to be used on a road a motor vehicle or trailer unless its tyres are maintained in such condition—

(a) as to be fit for the use to which it is being put; and

(b) as to be free from any defect which might in any way cause—

(i) damage to the surface of the road; or

(ii) danger to persons on or in the vehicle or trailer or other persons using the way.

(3) For the purposes of sub-regulation (1)(a)—

(a) a pneumatic tyre is deemed to be unsuitable having regard to the types of tyres fitted to the other wheels of the motor vehicle or trailer if, except with the express written permission of the Commissioner of Police, it is a tyre of a different type of structure to any of the tyres fitted to those wheels; and

(b) a bias-belted tyre, a diagonal-ply tyre and a radial-ply tyre is each deemed to be a tyre of a different type of structure from one another.

(4)...

[Reg 13(4) rep by reg 2(c) of SI 53 of 1996 w.e.f. 15 July 1996.]

14. Windscreens and windows of motor vehicles to be clear.

(1) Subject to subregulations (3) and (5), the windscreen and windows and windows of a motor vehicle shall be such as to—

(a) permit the driver of the vehicle, when looking through the windscreen or windows, to obtain a clear view of the outside; and

(b) permit a person outside the vehicle, when looking through the windscreen or windows, to identify the driver of the vehicle.

(2) No device, paint, tint, notice or any other thing which—

(a) may impair the view of the driver of a motor vehicle; or

(b) prevent a person outside the vehicle from identifying the driver of a vehicle,

shall be affixed, applied or placed on, along or across the windscreen and windows of the motor vehicle.

(3) Subregulations (1)(b) and (2)(b) shall not apply to the rear window of a motor vehicle.

(4) A person shall not, except with the written permission of the Commissioner of Police, drive or be in charge of a motor vehicle on a road unless the vehicle is equipped with a windscreen and windows as provided in subregulations (1) and (2).

(5) The Commissioner of Police may, for reasons which he believes to be exceptional, exempt a motor vehicle from the requirements of subregulations (1) and (2).

(6) Regulation 80(a) shall not apply to a driver, or a person in charge, of a motor vehicle which has been exempted under subregulation (5).

15. Safety glass.

The glass of any windscreen and windows facing to the front on the outside of any motor vehicle shall be of a type which, upon impact, does not fly into fragments capable of causing severe cuts.

16. Windscreen wipers.

(1) An efficient windscreen wiper shall be fitted to every motor vehicle (except a bicycle propelled by mechanical power alone or in combination) which is so constructed that the driver cannot, by opening the windscreen or otherwise, obtain an adequate view to the front of the vehicle without looking through the windscreen.

(2) All glass or transparency fitted to motor vehicles shall be maintained in such condition that it does not obscure the vision of the driver while driving on the road.

Clear view.

17. Types of direction indicator.

(1) When a motor vehicle is equipped with direction indicators, such indicators shall be of one of the following types—

(a) a movable arm capable of protruding beyond each side of the vehicle and illuminated by a steady amber light when the arm is in the horizontal position;

(b) a constantly blinking or flashing amber light affixed to each side of the vehicle;

(c) a constantly blinking or flashing light placed at each side of the front and rear of the vehicle; the colour of such lights shall be white or orange towards the front and red or orange towards the rear.

(2) In the case of any motor vehicle registered under section 9 of the Act on or after the 1st September 1975, paragraph (a) of subregulation (1) shall not apply and paragraph (c) thereof shall have effect as if there were substituted for the words “white or orange towards the front and red or orange towards the rear” the words “amber towards the front and amber towards the rear”.

[Note: The section headings before regulations 7 and 17 appear to have been mistakenly inserted in the 1991 Ed. and may have originally formed part of the regulation headings for regulations 6 and 16.]

18. Commercial vehicles: passengers.

(1) No passengers shall be carried for reward within or upon a commercial motor vehicle except persons employed by the owner of the vehicle or a person who has hired the vehicle for the purpose of loading or unloading the vehicle, or as the servants of such person, except with the express permission of the licensing authority, which shall be endorsed on the licence of the vehicle.

(2) No person shall in any commercial vehicle sit or be permitted to sit or be upon any goods or luggage at a greater height than 0. 9 metres above the floor of the vehicle.

19. Drivers and conductors to be licenced.

(1) A person shall not drive or act as a conductor or be permitted to drive or act as a conductor of an omnibus on a road unless he is licenced for the purpose as hereunder provided.

(2) A person shall be disqualified from obtaining a licence to drive or act as a conductor of an omnibus unless he is, in the case of a licence to drive, over the age of 24 years and, in the case of a licence to act as a conductor, over the age of 16 years.

(3) Application for a driver’s or a conductor’s licence under this regulation shall be made to the licensing authority.

(4) When application for a licence has been made, the licensing authority if satisfied, in the case of a driver, that the applicant is the holder of a valid driving licence and is not otherwise disqualified, and, in the case of a conductor, that the applicant is a fit and proper person and is not disqualified under paragraph (2) of this regulation, shall issue such licence.

(5) A licence to drive or a licence to act as a conductor of an omnibus shall be valid for one year from the date of issue unless it is previously cancelled, suspended or revoked by the licensing authority.

(6) This regulation shall not apply when no passengers are being carried by an omnibus for hire or reward.

20. Disinfection of vehicles.

The driver and owner of every vehicle who knows that the said vehicle has conveyed any person suffering from an infectious disease shall immediately report the fact to the Chief Medical Officer and shall arrange with him for the vehicle to be disinfected. No leper shall enter any vehicle for hire.

21. All parts of public vehicles to be maintained in good order.

All doors, windscreens, seats, handles, hinges, catches, springs, wheels, cushions, lining, trimmings, and other fittings, and all furniture and appointments of public vehicles, shall be maintained in good order and repair.

22. Trailers.

Application for permission to use a trailer attached to a motor vehicle shall be made to the Commissioner of Police.

22A. —

A person who—

(a) modifies the exhaust system and muffler of his motor vehicle or otherwise modifies his motor vehicle contrary to these regulations or manufacturer’s specification; and

(b) drives a motor vehicle with a defective silencer,

commits an offence and is liable to a fine under the Minor Offences (Fixed Penalties) Decree.

[Reg 22A ins by reg 2(b) of SI 41 of 2013 w.e.f.
6 May 2013.]

PART 3

Load of Vehicles

23. Dimensions of loads.

No person shall drive and no person shall cause or allow to be driven in any public place any motor vehicle which is loaded in a manner likely to cause damage to any person, or so that the load of any part thereof is projecting—

(a) laterally, beyond the side of the body;

(b) to the front beyond the foremost part of the vehicle;

(c) without the special permission of the Commissioner of Police to the rear to a distance exceeding 1.8 metres beyond the rearmost part of the vehicle excluding the tailboard.

24. Projecting loads.

When anything is carried beyond the rearmost part of a vehicle a white flag of not less than 0.4 metres square shall be attached by day; and at night, a lamp in addition to the prescribed lamps on the vehicle, so arranged as to show a red light to the rear.

25. Loads not to touch road.

No portion of any load shall come into contact with the surface of the road.

26. Maximum weight of load.

(1) No commercial vehicle shall carry a load exceeding of 1550 kilogrammes, or any load exceeding that for which it has been designed by the makers, whichever is the less:

Provided that in the case of any vehicle which, notwithstanding that its weight is in excess of that prescribed by law, has, with the permission of the Minister, been imported into Seychelles, the licensing authority may authorise such vehicle to carry a load in excess of 1550 kilogrammes but not exceeding that for which it has been designed by the makers.

(2) The weight for the load which a commercial vehicle is licenced to carry shall be endorsed in the licence by the licensing authority.

27. Overall permitted weight.

No motor vehicle shall have a maximum weight laden or unladen exceeding 10200 kilogrammes:

Provided that in the case of any vehicle imported into Seychelles and having a maximum weight laden or unladen exceeding 10,200 kilogrammes the overall permitted weight of such vehicle shall be such weight as the Minister shall stipulate when granting permission to import the vehicle or the weight for which it has been designed by the makers, whichever is the less.

27A. Maximum axle load.

(1) The maximum axle load, being the weight transmitted by a single axle, of a motor vehicle shall be 10,000 kilogrammes.

(2) A police officer or a person authorised by the Commissioner of Police in that behalf on production of that person’s authority, may require a person in charge of a motor vehicle to allow the vehicle to be weighed for the purpose of ensuring compliance with this regulation.

(3) If a person in charge of a motor vehicle refuses or neglects to comply with such requirement or obstructs the police officer or the person authorised in the exercise of their functions, the person in charge of the motor vehicle shall be guilty of an offence.

[Reg 27A ins by reg 2 of SI 38 of 1998 w.e.f.
3 August 1998.]

PART 4

Lighting

28. Lighting-up time.

(1) Every vehicle on a road at night shall be lighted in accordance with these regulations or the Road Transport (Lighting of Standing Vehicles) (Exemption) Regulations, where under regulation 3 of the last mentioned regulations motor vehicles are allowed to be parked without lights.

(2) In these regulations “night” means the interval between 6.30 o’clock in the evening and 5.45 o’clock in the morning of the next succeeding day.

29. Carts and carriages.

Carts and carriages shall carry one white light in front of the off side.

30. Bicycles and tricycles.

[Am by reg 2(e)(ii) of SI 74 of 1997 w.e.f.
24 November 1997.]

Bicycles or tricycles when in motion on a road at night shall show a white light fixed in front and have an efficient red reflector fixed at the rear.

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