Malawi Road Traffc Act

 

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE) REGULATIONS 

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE)

REGULATIONS under s. 181

G.N. 16/2000

38/2004

 

PART I

PRELIMINARY

1.             Citation

These Regulations may be cited as the Road Traffic (Construction, Equipment and Use) Regulations.

2.             Interpretation

In these regulations, unless the context otherwise requires—

"adapter dolly” means a semi-trailer with one or more axles, designed or adapted—

(a)           to be attached between a truck-trailer and semi-trailer; and

(b)           not to carry any load other than that imposed by a semi-trailer;

"articulated bus” means a bus which—

(a)           consists of two sections connected to form a unit;

(b)           can swivel in a horizontal plan at the connexion between such sections;

(c)           is designated or adapted solely or principally for the conveyance of the driver and at least 100 other persons; and

(d)           has a continuous passageway over the length thereof;

"articulated passenger vehicle” means an articulated motor vehicle constructed or adapted for use primarily for the carriage of passengers;

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

"axle massload" means the sum of the wheel massload of all wheels on any axle;

"axle unit", in relation to a vehicle, means—

(a) a set of two or more parallel axles of such vehicle which are so interconnected as to form a unit; or

(b)  for the purpose of the definition of "wheelbase" and, in the case of a trailer, two or more axles, whether interconnected or not, where the distance between adjacent axles is less than 1.2 metres;

"bus" means a motor vehicle designed or adapted for the conveyance of ten or more persons including the driver and includes a minibus;

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

"construction vehicle" means any vehicle which is—

(a)           a drilling machine, mobile crane or a forklift or straddle truck;

(b)           a roadmaking, earthmoving, excavation, construction or loading machine; or

(c)           determined by the Director to be a construction vehicle;

"converter dolly", means a trailer which has one more axles and, when used in combination with a semi-trailer, converts the semi-trailer into a trailer;

"direction indicator" means a device fitted to a motor vehicle for the purpose of enabling the driver of such motor vehicle to signal his intention to change the direction of travel of such motor vehicle to the right or to the left;

"double-deck bus" means a bus having two decks one of which is wholly or partly above the other and each deck of which is provided with a gang-way serving seats on that deck alone;

"emergency brake" means a brake, other than a service brake, which can stop a vehicle;

"farm implement" means any implement or machinery used in connexion with agriculture, grass cutting, forestry, land levelling, dredging or similar operations that is not constructed or adapted for the conveyance of goods or burden of any description;

"front end", in relation to—

(a) a vehicle, other than a semi-trailer, means that the part of the vehicle which projects furthest forward; or

(b) a semi-trailer, means a line running parallel with the centre-line of the king-pin and connecting the sides of the semi-trailer at the widest and furthest point in front of the king-pin;

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

Provided that any portion of a semi-trailer which projects in front of its front end of anything attached to a semi-trailer in front of its front end and which is within an area formed by drawing, with the king-pin as centre, an arc connecting the extreme points of the front end of the semi-trailer, shall not be deemed to be part of the front overhang of such semi-trailer;

"goods vehicle” means a motor vehicle other than a motorcycle, motor tricycle, motor quadrucycle, motor car, minibus or bus, designed or adapted for the conveyance of goods on a public road and includes a truck-tractor, adaptor dolly, converter dully and breakdown vehicle;

"gross axle massload”, in relation to a motor vehicle, means the maximum massload of a particular axle of such vehicle as specified by the manufacturer thereof or, in the absence of such specification, as determined by the Director;

"gross axle unit massload”, in relation to a motor vehicle, means a maximum massload of a particular axle unit of such vehicle as specified by the manufacturer thereof or, in the absence of such specification, as determined by the Director;

"hazardous cargo”, means any hazardous substance contemplated in the Road Traffic (Carriage of Hazardous Cargo) Regulations;

"longitudinal centre-line”, in relation to a vehicle, means a line midway between the center-lines of the extreme outer wheels fitted to the axles of such vehicle;

"minibus”, means a motor vehicle, designed or adapted solely or principally for the conveyance of more than ten, but not more than twenty-seven persons, including the driver;

"motor car” means a motor vehicle, other than motorcycle, motor tricycle, or motor quadrucycle designed or adapted solely or principally for the conveyance of not more than nine persons including a driver;

"motorcycle” means a motor vehicle which has two wheels and includes any such vehicle having a side-car attached;

"motor quadrucycle”, means a motor vehicle, other than a tractor, with four wheels, which is designed to be driven by the type of controls usually fitted to a motorcycle;

"motor tricycle” means a motor vehicle, other than a motorcycle or a tractor, which has three wheels and which is designed to be driven by the type of controls usually fitted to a motorcycle;

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

"overall height”, in relation to a vehicle, means the distance measured from ground level to the highest part of—

(a)           any part of such vehicle; or

(b)           any load thereon, which part is the highest:

Provided that, in the case of a vehicle driven by electrical power, the overall height should not include any overhead electrical contacting gear or catwalk protruding above such vehicle;

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

"overrun brake”, in relation to a trailer means a braking system actuated by a device fitted to the drawbar of the trailer when a force is exerted on such device by reason of the inertia of the trailer;

"parking brake”, means a break, normally a hand brake, used in the ordinary course of events to keep a vehicle stationary;

"public service vehicle” means any vehicle carrying passengers for hire or reward;

"rear end”, in relation to a road, means a road which does not exceed a plut or minum one per cent grade;

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

"retro-reflector” means a reflector which bears—

(a)           the approval mark of—

(i)             the European Union denoted by the mark E;

(ii)           the European Economic Committee denoted by the mark E; or

(iii)the Society of Automotive Engineers denoted by the mark SAE;

(b)  any other approval mark referred to in a specification, code of practice or any directive having standardization of vehicle retro-reflectors as its aim and issued by a national institution or organization outside Malawi for a purpose similar to that for which a standardization mark has been established;

"rescue vehicle” means a motor vehicle designed or adapted for the sole purpose of rescuing persons, and which is owned or controlled by a department of the Government of Malawi or by a body of persons approved by the Director;

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

"service brake” means a brake, normally a footbrake, ordinarily used to reduce the speed of a vehicle or to stop the vehicle, and which consists of—

(a)  a single braking system which brakes the front and rear wheels of the vehicle simultaneously, or in the case of—

(i) a trailer, brakes the wheels thereof simultaneously; or

(ii)  a trailer, which is not a semi-trailer, brakes the front or rear wheels or all wheels thereof simultaneously; or

(iii) a tractor, brakes the wheels of the rear axle or rear axle unit of the tractor simultaneously; or

(b)         two braking systems which—

(i)            jointly brake the front and rear wheels of the vehicle simultaneously; and

(ii)           independently brake at least two wheels of the vehicle simultaneously;

"single-deck bus” means a bus upon which no part of a deck or gangway is vertically above another deck or gangway;

"stop lamp” means a device fitted to a vehicle for the purpose of signalling, by means of a light, the intention of the driver of such vehicle to stop or reduce the speed of such vehicle;

"tractor” means a farm tractor of the type commonly used for agricultural purposes;

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

wheelbase”—

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

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

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

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

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PART II

DIMENSION OF VEHICLES

3.             Overall length of vehicle

No person shall operate on a public road—

(a) a trailer which is coupled to a drawing vehicle in such a manner that the trailer and the drawing vehicle cannot swivel in a horizontal plane at the coupling, if the overall length including any drawbar or coupling exceeds 1.8 metres;

(b)         a trailer with one axle or one axle unit, other than a semitrailer—

(i) the gross vehicle mass of which exceeds 12,000 kilograms, if the overall length of such trailer, excluding any drawbar or coupling, exceeds 11.3 metres; or

(ii) the gross vehicle mass of which does not exceed 12,000 kilograms, if the overall length of such trailer, excluding any drawbar or coupling, exceeds 8 metres;

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

(d)  an articulated bus, if the overall length exceeds 20 metres;

(e) a trailer not referred to in paragraph (b), excluding a semi-trailer the gross vehicle mass of which exceeds 12,000 kilograms, if the overall length of such trailer, excluding any drawbar or coupling exceeds 12.5 metres;

(f) any other motor vehicle, excluding a construction vehicle or a semi-trailer, if the overall length, including any drawbar or coupling, exceeds 12.5 metres; or

(g) any other combination of motor vehicles, if the overall length thereof, including any drawbar or coupling, exceeds 22 metres:

Provided that the provision of this paragraph shall not apply to a breakdown vehicle while towing any other motor vehicle.

4.             Restriction on combination of motor vehicles

(1)      No person shall operate on a public road any combination of motor vehicles—

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

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

Provided that in the case of an emergency or a breakdown, a trailer and one other vehicle may be drawn;

(c)  consisting of a trailer attached to a drawing vehicle in such            a manner     that the combination of trailer and drawing vehicle cannot bend in a horizontal plane, if the combined        length of

such trailer, including any drawbar or coupling and the rear overhand of the drawing vehicle exceeds 3.1 metres; or

(d)  if the length of the drawbar of any trailer in such combination where such trailer has more than one axle, exceeds two metres:

Provided that in the case of an underslug coupling, the drawbar may exceed two metres, provided the distance between the two vehicles does not exceed 2.5 metres:

Provided further that any combination of vehicles may be towed by a breakdown vehicle if the brake system of the towed combination, excluding the drawing vehicle of such combination, is functional and coordinated with the working of the brakes of the breakdown vehicle.

(2)  For the purpose of subregulation (1) (a), a converter dolly shall, when used in combination with a semi-trailer, be deemed not to be a trailer.

5.             Overall width of vehicle

No person shall operate on a public road—

(a)  a bus if the overall width thereof exceeds 2.6 metres;

(b)  a goods vehicle the gross vehicle mass of which is 12,000 kilograms or greater, if the overall width thereof exceeds 2.6 metres; or

(c)  any other vehicle, excluding a construction vehicle or a farm implement, if the overall width thereof exceeds 2.5 metres.

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6.             Overall height of vehicle and load

No person shall operate on a public road a motor vehicle unless—

(a)   in the case of a single-deck bus the height excluding any structure for carrying luggage does not exceed 3.2 metres; or

(b) in the case of any other vehicle together with any load thereon, on the overall height does not exceed 4.6 metres.

7.             Turning radius and wheelbase

No person shall operate on a public road a vehicle—

(a)  the turning radius of which exceeds 13.1 metres; and

(b)  the wheelbase of which exceeds, in the case of—

(i)             a semi-trailer, 9 metres;

(ii)           an articulated bus, 15 metres; or

(iii)         any other vehicle, 8.5 metres.

8.            Overhang of vehicle

(1)       No person shall operate on a public road—

(a) a semi-trailer, the front overhang of which exceeds 1.8 metres; or

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

(i)  60 per cent of the wheelbase; or

(ii)  6.2 metres in the case of a vehicle having the front surface of the back rest of the driver's seat at seat level not more than 1.7 metres from the front end of the vehicle when such seat, if adjustable, is in the rearmost position, less half the wheelbase:

Provided that the wheelbase of an articulated bus shall be the distance measured from the centre of the front axle to the centre of the middle axle; or

(iii)         5.8 metres in the case of any other vehicle less half the wheelbase.

(2)       No person shall operate on a public road—

(a)  a vehicle designed or adapted for use in connexion with street cleaning or the disposal of refuse or sewage, or a construction vehicle, any bus or self-propelled caravan, the rear overhang of which exceeds 70 per cent of its wheelbase.

(b) a trailer other than a semi-trailer, which is equipped with—

(i)  one axle;

(ii)  one axle unit; or

(iii)  two axles and the distance between the centre-lines of the axles is less than 1.2 metres, if the rear overhang exceeds 50 per cent of the length      of the body of such trailer; or

(c)   any vehicle, not referred to in subregulation (2)  (a) or  (b)  the rear overhang of which exceeds 50 per cent of its wheelbase.

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9. Projections in case of vehicle other than pedal a motorcycle, motor tricycle, motor quadrucycle or pedal cycle

(1)  No person shall operate on a public road a vehicle, other than a motorcycle, motor tricycle, motor quadrucycle or cycle—

(a)           carrying any goods or fittings which project—

(i)         either side of the longitudinal centre-line of the vehicle by more than—

(aa) in the case of a bus contemplated in regulation 5 (a) or a goods vehicle contemplated in regulation 5 (b), 1.3 metres; or

(bb) in the case of any other vehicle, 1.25 metres:

Provided that any side mirror or direction indicator on the vehicle shall not be taken into account;

(ii)           more than 300 millimetres beyond the front end of the vehicle; or

(iii)         more than 1.8 metres beyond the rear end of the vehicle; or

(b)           of which—

(i) the front overhang, together with any projection, exceeds the front overhang as provided in regulation 8 (1) (b); or

(ii)   any bracket projects more than 150 millimetres beyond the widest part of the vehicle.

(2) No person shall operate on a public road a motor vehicle or combination of motor vehicles where the combined length of such motor vehicle or combination of motor vehicles and any projection exceeds the overall length prescribed in regulation 3 for such motor vehicle or combination of motor vehicles.

10.               Projections in case of motorcycle, motor tricycle, motor quadrucycle or pedal cycle

No person shall operate on a public road a motorcycle, motor tricycle, motor quadrucycle or pedal cycle if any goods carried thereon, or on any portion or side-car of such cycles, project more than 600 millimetres to the front of the axle centre of the front wheel or more than 900 millimetres on either side of the wheels of such cycles, or more than 300 millimetres to the outside of the wheel of any side­car:

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

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11.        Warning in respect of projecting load

(1)  No person shall operate a vehicle on a public if the load on such vehicle projects more than 150 millimetres beyond the side thereof, unless—

(a)        during the period referred to in regulation 44 (1) (b), the extent of such projection is indicated—

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

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

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

(2) No person shall operate a vehicle on a public road if the load on such vehicle projects more than 300 millimetres beyond the rear thereof, unless—

(a)        during the period referred to in regulation 44 (1) (b)—

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

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

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

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

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

(3)    For the purposes of this regulation, the light of any lamp shall comply with the provisions of regulation 45 (2).

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PART III

LOADS ON VEHICLES

12.         Manner in which children are to be counted for the purpose of these Regulations

For the purposes of establishing the number of persons that may in terms of these Regulations, other than regulation 123, be carried on any vehicle, other than a motorcycle, motor tricycle, motor quadrucycle or pedal cycle—

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

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

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

13.         Mass of person and luggage for determining mass of load

For the purpose of establishing the maximum mass of person and luggage which may be conveyed on a motor vehicle—

(a)  the mass of a person together with his personal effects shall, subject to the provisions of regulation 12 be taken as 80 kilograms; and

(b)         in the case of a motor vehicle which is fitted with—

(i)  a luggage compartment the mass of luggage shall be calculated at the rate of 150 kilograms per cubic metre; or

(ii)  a roof rack, the mass of luggage shall be calculated at the rate of 75 kilograms per square metre of area of the roof rack.

14.         Number of persons that may be carried on motor vehicle in relation to seating capacity

(1)  Subject to the provisions of regulation 12, no person shall operate on a public road a motor vehicle, other than a minibus or a bus which is used for hire or reward, motorcycle, motor tricycle, motor quadrucycle or pedal cycle if—

(a)  the number of persons on any seat of such vehicle exceeds the number of persons for whom seating accommodation is provided on such seat at the rate of 380 millimetres per person measured at the widest part of the seat with the doors closed; and

(b)  the total number of persons carried on such vehicle, excluding persons carried in the goods compartment of the vehicle, exceeds the number of persons for whom seating accommodation, determined in the manner referred to in paragraph (a), is available in such vehicle:

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

(2)  Subject to the provisions of regulation 12, no person shall operate a minibus or a bus on a public road if the number of persons on any seat exceeds the number of persons for whom seating accommodation is provided on such seat at the rate of 400 millimetres per person measured at the widest part of the seat with the doors closed.

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

(4) Where in this regulation a reference is made to a maximum or minimum dimension, a tolerance of 10 millimetres above any such maximum and below any such minimum shall be permissible.

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15.         Permissible maximum axle massload of a motor vehicle

(1)  No person shall operate on a public road a minibus, tractor, construction vehicle or goods vehicle if the permissible maximum axle massload of such vehicle is exceeded.

(2)  The permissible maximum axle massload of a motor vehicle shall be the least of the mass limits determined by—

(a)  regulation 19 (1) in respect of a motor vehicle fitted with pneumatic tyres or regulations 19 (2) and 24 in respect of a motor vehicle fitted with tyres other than pneumatic tyres;

(b)         regulation 20 (1) (a) (ii); and

(c)           regulation 21 (b).

16.         Permissible maximum axle unit massload of a motor vehicle

(1)  No person shall operate on a public road a minibus, tractor construction vehicle or goods vehicle if the massload permissible maximum axle unit massload of such motor vehicle is exceeded.

(2)  The permissible maximum axle unit massload of a motor vehicle shall be the least of the mass limits determined by—

(a)  regulation 19 (1) in respect of a motor vehicle fitted with pneumatic tyres or regulations 19 (2) and 24 in respect of a motor vehicle fitted with tyres other than pneumatic tyres;

(b)           regulation 20 (1) (a) (iii); and

(c)           regulation 21 (b).

17.         Permissible maximum vehicle mass

(1)      No person shall operate on a public road a minibus, tractor, construction vehicle or goods vehicle if the permissible maximum vehicle mass of such motor vehicle is exceeded.

(2)     The permissible maximum vehicle mass of a motor vehicle shall be the least of the mass limits determined by—

(a)           the sum of all the permissible maximum axle massloads and axle unit massloads of the motor vehicle as contemplated in regulations 15 and 16;

(b)           regulation 20 (1) (a) (i);

(c)           regulation  20 (2); and

(d)           regulation 22.

18.         Permissible maximum combination mass

(1)  No person shall operate on a public road a combination of vehicles where the drawing vehicle is a minibus, bus, tractor, construction vehicle or goods vehicle, if the permissible maximum combination mass of such combination is exceeded.

(2)  The permissible maximum combination mass of a combination of motor vehicles shall be the least of the mass limits determined by—

(a) the sum of all permissible ma ximum axle massloads and axle unit massloads of the combination of motor vehicles as contemplated in regulations 15 and 16;

(b)           regulation    20 (1) (b);

(c)           regulation  20 (2); and

(d)           regulation 22.

19.               Load on tyres

(1)   No person shall operate on a public road a minibus, tractor, construction vehicle or goods vehicle which is fitted with pneumatic tyres, where any wheel massload is in excess of the wheel massload approved by the tyre manufacturer or that specified in regulation 21, whichever is the lesser.

(2)  No person shall operate on a public road any vehicle fitted with tyres, other than pneumatic tyres, if the wheel massload exceeds eight kilograms per one millimetre width of any such tyre.

20.         Gross mass limit in respect of motor vehicle not to be exceeded

(1) No person shall operate on a public road a minibus, tractor, construction vehicle or goods vehicle—

is exceeded; or

(b) drawing any other motor vehicle if the gross combination mass is exceeded.

(2)     No person shall operate on a public road a motor vehicle which is a minibus, bus, tractor or goods vehicle if the mass in kilograms of such motor vehicle or of a combination of motor vehicles of which such first-mentioned motor vehicle forms a part, whether laden or unladen, exceeds five times the total axle massload of the driving axle or axles of such vehicle.

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21.         Massload carrying capacity of the road

No person shall operate on a public road a motor vehicle or combination of motor vehicles, the wheels of which are fitted with pneumatic tyres, if—

(a)            (i) any wheel massload exceeds 4,000 kilograms; or

(ii) any axle massload exceeds—

(aa) in the case of an axle fitted with two or three wheels, 8,000 kilograms; or

(bb) in the case of an axle fitted with four or more wheels, 10,000 kilograms; (b) the massload of an axle unit consisting of—

(i)  two axles with two wheels on each axle, exceeds 16,000 kilograms;

(ii)   two axles with four wheels on each axle exceeds 18,000 kilograms:

Provided that in the case of a vehicle designed to compact refuse and which is carrying such refuse or a breakdown vehicle, such axles shall not exceed 20,000 kilograms; or

(iii)  three axles with four wheels on each axle exceeds 24,000 kilograms:

Provided that a three axle unit, where adjacent axles are more than 2.5 metres apart, shall be deemed to be three single axles for the purposes of this regulation.

22.         Massload carrying capacity of bridges

(1)   No person shall subject to subregulation (4) operate on a public road a motor vehicle or combination of motor vehicles the wheels of which are fitted with pneumatic tyres, if the total axle massload of any group of axles of such motor vehicle or combination of motor vehicles exceeds the mass in kilograms determined by multiplying the dimension of such group measured as referred to in subregulation (3) by 2,100 and adding 18,000.

(2)   A group of axles referred to in subregulation (1) may comprise any series of axles, but shall not consist of one axle unit referred to in regulation 21 (b) alone.

(3)    (a) the dimension referred to in subregulation (1) shall be measured in metres and tenths of metres from the centre of the first axle of any group of axles to the centre of the last axle of such group.

(b) if the dimension so measured is not a definite figure in metres and tenths of a metre, the next highest number of tenths of a metre with which the dimension so measured is exceeded shall be used for the calculation referred to in subregulation (1); or

(c)  where a group of axles of a combination of vehicles is measured, the vehicles of such combination shall be positioned in line and both sides of such combination of vehicles shall be measured, and if the dimensions of the two sides differ, the longer dimension shall be used for the calculation referred to in subregulation (1).

(4)    No person shall operate on a public road a motor vehicle or combination of motor vehicles, the wheels of which are fitted with pneumatic tyres, if the total axle massload of such motor vehicle or combination of motor vehicles exceeds 56,000 kilograms.

23.         Distribution of axle massload and wheel massload on vehicle fitted with pneumatic tyres

Notwithstanding the provisions of regulation 21 no person shall operate on a public road a motor vehicle which is fitted with pneumatic tyres if—

(a)         on any axle with—

(i) two tyres, the wheel massload on one tyre exceeds the wheel massload on the other tyre by more than ten per cent; or

(ii) four tyres, the wheel massload on two tyres nearest to each other exceeds the wheel massload on the other two tyres by more than ten per cent;

(b) in the case of an articulated motor vehicle the axle massload of any steering axle or the sum of the axle massloads of any steering axle unit is less than eleven per cent of the sum of all axle massloads of such vehicle;

(c)  in the case of a motor vehicle, not being an articulated motor vehicle, with a steering axle unit, the sum of the axle massloads of such steering axle unit is less than thirty per cent of the sum of all axle massloads of such vehicle; or

(d)   in the case of any other vehicle the axle massload of a steering axle is less than twenty per cent of the sum of all axle massloads of such vehicle, except in the case of a tractor when the axle massload of the steering axle shall not be less than twelve per cent of the sum of all the axle massloads of such tractor.

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24.        Axle mass load of vehicles fitted with other than pneumatic tyre

No person shall operate on a public road a vehicle fitted—

(a)         with metal tyres, if any axle massload of such vehicle exceeds 2,700 kilograms; or

(b)  with tyres, other than pneumatic or metal tyres, if any axle massload or the sum of all axle massloads of such vehicle exceeds fifty per cent of that permitted for vehicles fitted with pneumatic tyres in terms of regulation 21 or, if the axle massload of any steering axle of such vehicle does not comply with the requirements of regulation 23 (b), (c) or (d).
 

25.        Contravention of motor vehicle mass limits

(1)   A vehicle shall be presumed overloaded when used on a public road in contravention of mass and permissible axle mass regulations made under the Act and by prohibitory signs and special notices.

(2)   Any person who contravenes subregulation (1) shall be presumed to have damaged the public road by reason of such overloading.

(3)   Subject to the provisions of the Act and any regulations made thereunder, a contravention of mass limits under these regulations shall not be deemed to constitute a criminal offence, but shall be dealt with as provided for in these regulations.

26.               Calculation of overload

(1) For purposes of calculating an axle overload—

(a) for each axle five per cent of the legal limit specified in regulation 21 shall be subtracted from the recorded massload, and the result shall be rounded down to the nearest 100 kilograms to serve as the calculated massload;

(b) for each axle an additional five per cent of the limit specified in regulation 21 shall be allowed to be carried further:

Provided that where such overload is not off loaded, the surcharge for carrying it further will be four times the corresponding penalty for that overload;

(c)  where a special exemption permit as contemplated in regulation 125 has been issued for the vehicle in question, overload shall be calculated accordingly.

(2)   For the purposes of calculating a gross vehicle mass overload the total recorded axle massload of a motor vehicle or combination of motor vehicles shall be subtracted from the amount specified in regulation 17 or 18 as the case may be; and—

(a) an additional five per cent of the amount so specified in regulation 17 or 18 shall be allowed to be carried further with no penalty;

(b)  an additional ten per cent of the amount so specified in regulation 17 or 18 shall be allowed to be carried further:

Provided that where such gross mass overload is not offloaded, the surcharge for carrying it further will be four times the corresponding penalty for such overload; and

(c)  where a special exemption permit has been issued for such motor vehicle or combination of motor vehicles the gross mass overload shall be calculated accordingly.

(3)   Subject to subregulations (1) and (2), all overload except hazardous cargo, indivisible cargo, perishable cargo and cargo for which a special exemption permit is produced shall be either redistributed or off-loaded on to another vehicle before the overloaded vehicle is permitted to continue using the public road.

(4)   All cargo exempt from off loading under subregulation (3), except cargo for which a special exemption permit has been issued, shall be assessed a surcharge of four times the corresponding overload penalty for the further movement on the public road of any vehicle having such an overload.

27.         Calculation of penalties

(1)   For the mass of each axle deemed to be overload, of the penalty shall be calculated separately for each axle as specified in the First Schedule.

(2)   The maximum penalty to be paid per each overloaded axle shall be as specified in the First Schedule.

(3)   For the mass deemed to be gross vehicle mass overloaded, the penalty shall be calculated as specified in the Second Schedule.

28.         Imposition of penalties and procedures

(1)      The penalties for overloading shall be imposed by the Director or any authorized officer.

(2)     Where a vehicle is found overloaded, in terms of both axle overload and gross vehicle mass overload the penalty for overloading shall be the larger of such penalties as contemplated in regulation 27 (1) and (3).

(3)     Any penalty for overloading shall be paid by the owner or operator of the vehicle at such place as the Director may designate by notice published in the Gazette.
 

29.        Weighing of vehicles

The Director and any authorized officer may require the person in charge of any vehicle to allow the vehicle to be weighed either laden or unladen and the weight transmitted to the surface of the road by any part of the vehicle in contact with the road to be tested and for that purpose to proceed to a weighbridge.
 

30.               Weighing procedures

(1)      Penalties shall be calculated as far as possible on the basis of weighing individual axles.

(2)      The massloads of all the individual axles of—

(a)           an axle unit may be added to obtain the total massload of such axle unit;

(b)           a group of axles may be added to obtain the total massload of such group of axles;

(c)           a vehicle may be added to obtain the total massload of such vehicle; or

(d)           a combination of vehicles may be added to obtain the total massload of such combination of vehicles.

(3) When using single axle weighbridges the total mass of the vehicle shall be calculated on the basis of the combined recorded massload of the individual axles.

(4)  Scales authorized by the Director shall be used in weighing vehicles.

(5)  Any receipt issued by any authorized officer shall be signed by the driver of the vehicle.

(6)  The driver of any motor vehicle attempting entry into Malawi, which is found not to be in compliance with these regulations shall at his option—

(a)  elect to enter Malawi and accept the provisions of these regulations; or

(b)  refuse to enter Malawi and upon payment of the weighbridge processing fee referred to in the Fourth Schedule return such motor vehicle to the country from which entry into Malawi was attempted thereby exempting such motor vehicle from any further application of these regulations.

(7)   If, upon being weighed, a vehicle is found to be not overloaded there shall be given to the person in charge thereof a certificate of weight in such form as approved by the Director:

Provided that the holding of such a certificate of weight for the vehicle concerned shall not exempt the person in charge of such vehicle from the requirements of regulation 29.

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31.         Authority of certain officers

(1)   The Director or any authorized officer shall have the power to control overload, and any driver of the vehicle found overloaded shall follow the instructions given to him for the proper overload control.

(2)    Any authorized officer who, upon weighing a vehicle, determines that the weight does not conform to these regulations shall, subject to regulation 26, detain such vehicle and require the driver to stop the vehicle on a suitable place in order to either redistribute or to off-load on to another vehicle whatever portion of the load as may be required to reduce the gross mass or axle mass such that the vehicle complies with the provisions of these regulations and any load so redistributed or off-loaded shall be the sole responsibility of the owner, operator or driver of the vehicle concerned.

(3)   Any authorized officer shall detain and prohibit any further use of any overload vehicle upon a public road until—

(a)  such vehicle if required has been reweighed and complies with the provisions of these regulations; and

(b)  proof of payment for any overload penalty imposed on such vehicle has been produced.

32.         Appeals to the Minister

(1)    Any person aggrieved at the action of any authorized officer in respect of the procedures of weighing motor vehicles and the decision of imposing overload penalties may within twenty-one days of the action of such authorized officer appeal against such action to the Minister in accordance with the Road Traffic (Appeals) Regulations.

(2)   For the purpose of deciding an appeal in terms of subregulation (1), the Minister may require any party to such appeal to furnish such information and evidence as he may deem expedient.

(3)   The Minister after considering the appeal referred to in subregulation (1) may give such decision as he may deem fit.

33.         Information to be displayed on certain motor vehicles

No person shall operate on a public road a minibus, bus or goods vehicle of which the gross vehicle mass does not exceed 3,500 kilograms, unless there is displayed in a conspicuous position on the left side thereof in letters and figures of not less than 40 millimetres in height and which shall be clearly legible at all times—

(a)   the tare of such vehicle in kilograms (denoted as T);

(b)  the permissible maximum vehicle mass referred to in regulation 17 in kilograms (denoted as PVM);

(c) if the vehicle is used to draw any other vehicle, the permissible maximum drawing vehicle mass which shall be the least of the masses determined in terms of regulation 20 (1) (b) or (2) in kilograms (denoted as PDVM);

(d)  in the case of a minibus or a bus subject to the provisions of regulation 14, the number of seated passengers that may be carried; and

(e)  in the case of a bus subject to the provisions of regulation 123, the number of standing passengers that may be carried.

34.         Information plates on certain vehicles

(1) No person shall operate on a public road a minibus, bus or goods vehicle which, according to the registration certificate thereof was registered for the first time on or after 1st January, 1998, and of which the gross vehicle mass exceeds 3,500 kilograms unless the following particulars in respect of such minibus, bus or goods vehicle are clearly imprinted or stamped on a metal plate or plates affixed in an accessible place on a door post, under the bonnet or on the dash board of the vehicle concerned or, in the case of a trailer, on the left side thereof in any conspicuous place—

(a)  the tare in kilograms (denoted as T);

(b)  the gross vehicle mass in kilograms (denoted as GVM);

(c)    the gross axle massload or gross axle unit massload of each axle or axle unit in kilograms (denoted as GA or GAU, respectively);

(d)   in the case of a semi-trailer the gross king-pin massload as specified by the manufacturer (denoted as GKM);

(e)  the gross combination mass in kilograms where the vehicle is used to draw any other vehicle (denoted as GCM);

(f)  the permissible maximum vehicle mass referred to in regulation 17 in kilograms (denoted as PVM):

Provided that this subparagraph is not applicable to a semi-trailer;

(g)  the permissible maximum axle massload referred to in regulation 15 or axle unit massload referred to in regulation 16 of each axle or axle unit in kilograms (denoted as A or AU respectively; and

(h) the permissible maximum drawing vehicle mass referred to in regulation 33 (c) (denoted as PDVM).

(2)     No person shall operate on a public road a tractor which according to the registration certificate thereof was registered for the first time on or after January, 1998, unless it is fitted with a metal plate on which is clearly imprinted or stamped—

(a)  the gross combination mass in kilograms (denoted as GCM); and

(b)   the permissible maximum drawing vehicle mass referred to in regulation 33 (c) (denoted as PDVM).

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35.         Manner in which goods shall be carried

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

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

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

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

(c)           which are not—

(i) safely contained within the body of such vehicle; or

(ii) securely fastened to such vehicle, and properly protected from being dislodged or spilled from such vehicle;

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

(e)  in any container, which has provision for fastening by means of "twist locks”, unless such container is securely fastened by at least four "twist locks” and the provisions of this paragraph are also applicable to empty containers carried on a vehicle; or

(f)            on the roof thereof, in the case where such vehicle is a double-deck bus.

36.         Circumstances under which persons may be carried on goods vehicle

No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of—

(a) at least 350 millimetres above the surface upon which such person is seated; or

(b) at least 900 millimetres above the surface on which such person is standing, in a manner and with a material of sufficient strength to prevent such person from falling from such vehicle when it is in motion:

Provided that this regulation shall not apply in the case of employees being carried in the course of their employment.

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PART IV

EQUIPMENT ON OR IN RESPECT OF VEHICLES

37.         Brakes on certain motor vehicles

(1)  Subject to the provisions of regulations 38 to 43 inclusive, no person shall operate on a public road a motor vehicle, other than a motorcycle, motor tricycle, motor quadrucycle or trailer, which is not equipped with a service brake, a parking brake and an emergency brake:

Provided that—

(a)           the emergency brake and parking brake may be one and the same brake; and

(b)           in the case of—

(i)  a motor vehicle which is equipped with a service brake consisting of two braking systems, such brake shall, when the systems brake the wheels independently, be deemed to be an emergency brake;

(ii)  a steam, electric or other uniquely driven motor vehicle of which the engine or motor can be reversed, the reversing mechanism may be used instead of an emergency brake; and

(iii) a tractor, the brakes may be so constructed that the service brake may be used as a parking brake.

(2)    No person shall operate on a public road a motor vehicle to which is fitted an anti-theft device which is connected to or in anyway interferes with the braking system of such vehicle.

38.         Brakes on motorcycle, motor tricycle or motor quadrucycle

Subject to the provisions of regulations 37 and 39 to 43 inclusive, no person shall operate on a public road a motorcycle, motor tricycle or motor quadrucycle which is not equipped with two independent braking systems one of which shall act on the front wheel or wheels and the other which shall act on the rear wheel or wheels and each such system shall have an efficiency at least equivalent to that specified for an emergency brake and when the two systems are applied simultaneously, the combined efficiency shall be at least equivalent to that specified for a service brake.

39.               Brakes on trailers

(1)    Subject to the provisions of subregulation (4) no person shall operate on a public road a trailer, if—

(a)         the mass of such trailer and any load thereon is 750 kilograms or less and—

(i)  does not exceed half of the tare of the drawing vehicle, unless such trailer is equipped with at least a parking brake or other device for keeping such trailer stationary; or

(ii)    exceeds half of the tare of the drawing vehicle, unless such trailer is equipped with a parking brake and either an overrun brake or a service brake;

(b)   the gross vehicle mass of such trailer exceeds 750 kilograms but does not exceeds 3,500 kilograms and does not exceed the tare of the drawing vehicle, unless such trailer is equipped with a parking brake and either an overrun brake or a service brake; or

(c)   the gross vehicle mass of such trailer exceeds the tare of the drawing vehicle or 3,500 kilograms, as the case may be, unless such trailer is equipped with a parking brake and a service brake, and where more than one trailer is drawn by a drawing vehicle, the foregoing requirements shall apply in respect of each such trailer, and in such event the gross vehicle mass shall be construed as the total of the gross vehicle masses of all trailers so drawn.

(2)   The service brake of the trailer shall be capable of being operated by the driver of the drawing vehicle while such vehicle and drawing vehicle are in motion.

(3)   If the service or overrun brake of a trailer is capable of being used as a parking brake, a separate parking brake need not be fitted to such trailer.

(4)    In the case where a trailer referred to in subregulation 1 (a) (ii), 1 (b) or 1 (c) is drawn by a tractor—

(a)  and such tractor is not designed for or capable of operation at a speed exceeding 35 kilometres per hour on a reasonably level road, such trailer may be equipped with an overrun brake in lieu of a service brake referred to in subregulation (1); or

(b)  and is operated at a speed not exceeding 15 kilometres per hour, such trailer may be equipped with a parking brake or other device for keeping such trailer stationary, in lieu of an overrun brake or service brake referred to in subregulation (1).

40.               Brakes on pedal cycles

No person shall operate on a public road any pedal cycle unless it is equipped with at least one brake which shall operate on the rear wheel or wheels.

41,               Brakes on unspecified vehicles

No person shall operate on a public road any vehicle for which brakes are not specified elsewhere in regulations 37 to 43 inclusive, unless it is equipped with a parking brake or other device for keeping such vehicle stationary.

42.         Braking performance of service, emergency and parking brakes

(1) No person shall operate on a public road a motor vehicle or a combination of motor vehicles which, in terms of these Regulations—

(a) shall be equipped with a service brake, unless such brake at all times—

(i) in the case of a motor vehicle or a combination of motor vehicles which is capable of exceeding a speed of 35 kilometres per hour when it is applied from an initial speed of 35 kilometres per hour, complies with the requirements for braking performance set out in Table A hereunder; or

(ii) in the case of a motor vehicle or a combination of motor vehicles which is not capable of exceeding a speed of 35 kilometres per hour, when it is applied from the maximum speed which such vehicle or combination of vehicles is capable of attaining, complies with the requirements for braking performance set out in Table B hereunder;

(b) shall be equipped with an emergency brake, unless such brake at all times—

(i) in the case of a motor vehicle or a combination of motor vehicles which is capable of exceeding a speed of 35 kilometres per hour, when it is applied from an initial speed of 35 kilometres per hour, complies with the requirements from braking performance set out in Table C hereunder; or

(ii) in the case of a motor vehicle or a combination of motor vehicles which is not capable of exceeding a speed of 35 kilometres per hour when it is applied from the maximum speed which such vehicle or combination of vehicles is capable of attaining, complies with the requirements for braking performance set out in Table D hereunder; or

(c) shall be equipped with a parking brake, unless such brake, at all times, is capable of keeping such vehicle or combination stationary for an indefinite period with the engine disengaged or a gradient of not more than 1 in 8.33.

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REQUIREMENTS FOR BRAKING PERFORMANCE

TABLE A

SERVICE BRAKE OF MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES CAPABLE OF EXCEEDING SPEED OF 35 KM/H

Initial speed in km/hMaximum stopping distance in mMinimum deceleration in m/s2Minimum equivalent braking force in N/kgLight motor vehicle35144.44.4Heavy motor vehicle35164.44.4

TABLE B

SERVICE BRAKE OF MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES NOT CAPABLE OF EXCEEDING SPEED OF 35 KM/H

Minimum     initial    speed    in    km/hMaximum      stopping     distance    in    mMinimum     deceleration     in

m/s2Minimum equivalent braking force in N/kg1571.91.920111.91.925161.91.930231.91.935301.91.9

TABLE C

EMERGENCY BRAKE OF MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES CAPABLE OF EXCEEDING SPEED OF 35 KM/H

Initial speed in km/hMaximum stopping distance in mMinimum deceleration in m/s2Minimum equivalent braking force in N/kgLight or heavy motor vehicle35301.91.9

TABLE D

EMERGENCY BRAKE OF MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES NOT CAPABLE OF EXCEEDING SPEED OF 35 KM/H

Minimum     initial    speed    in    km/hMaximum      stopping     distance    in    mMinimum     deceleration     in

m/s2Maximum                      equivalent                 braking                  force                     in

N/kg15120.950.9520200.950.9525290.950.9530410.950.9535550.970.95

(2)     Compliance with the requirements contemplated in subregulation (1) (a) and (b) shall be determined by—

(a)  actual road tests conducted on a road with a reasonable level, dry, smooth and hard surface which is free from loose material and with the stopping distance measured from the moment the particular brake is applied with the engine disengaged until vehicle comes to rest; or

(b)   a suitable mechanical test; or

(c)   both tests contemplated in paragraphs (a) and (b).

(3)  When testing a brake on a combination of motor vehicles, the brakes of the drawn vehicle or vehicles shall be applied at the same moment as the brakes of the drawing vehicle.

(4)  Where in any prosecution for a contravention of subregulation (1) the question arises whether a motor vehicle or a combination of motor vehicles travelled at a particular speed, the speed indicated by the speedometer of such vehicle or combination of vehicles shall, until the contrary is proved, be deemed to be correct.

(5)      For the purposes of this regulation—

(a).  light motor vehicle” means—

(i)  a motor car;

(ii)  a motor vehicle with a gross vehicle mass not exceeding 3,500 kilograms; or

(iii)  any other motor vehicle with a tare not exceeding 3,500 kilograms, but does not include a bus, minibus or goods vehicle; and

(b) "heavy motor vehicle” means a motor vehicle which is not a light motor vehicle.

43.         Conditions and operation of brakes

(1)     A brake required in terms of these regulations, shall—

(a) be in good working order and condition whenever the vehicle to which it is fitted is operated on a public road; and

(b)  when tested in terms of regulation 42, except in the case of a motorcycle with side-car, act with approximately equal intensity on the wheels symmetrically placed in relation to the longitudinal center-line of the vehicle.

(2)    No person shall operate on a public road a motor vehicle equipped with a service brake which is operated solely by air or vacuum pressure unless there is fitted in the driving compartment of such vehicle a device (other than a gauge indicating pressure) whereby the driver of the vehicle is given visible or audible warning when the air or vacuum pressure is incorrect but before the pressure becomes such that the brake is incapable of stopping the vehicle as contemplated in regulation 42.

(3)   If a drawn vehicle is equipped with a service brake operated solely by air or vacuum pressure, the device referred to in subregulation (2) shall be fitted in the driving compartment of the drawing vehicle.

44.         Vehicles to be equipped with certain lamps and times when certain lamps must be lighted

(1)   No person shall operate on a public road a motor vehicle other than a tractor or a construction vehicle unless—

(a)  all lamps fitted to a motor vehicle as contemplated in regulations 45 to 72 inclusive, and undamaged, properly secured and capable of being lighted at all times; and

(b) the head lamps, rear lamps and registration plate lamps are kept lighted during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road would not be clearly discernible at a distance of 150 metres:

Provided that the provisions of this paragraph shall not apply to a motor vehicle parked off the roadway of a public road or in a parking place demarcated by appropriate road traffic signs or within a distance of 12 metres from a lighted street lamp illuminating the public road of which such vehicle is parked.

(2) No person shall operate on a public road a motorcycle, motor tricycle or motor quadrucycle, unless the headlamp of such vehicle is lighted at all times.

(3) A person operating a motor vehicle on a public road shall extinguish the main beam of the light emitted by the head lamp of such vehicle if such main beam could cause a dangerous glare to oncoming traffic.

45.         Visibility distance of  lights

(1)  Where provision is made in regulations 44 to 72 inclusive, as to the distance from which certain lights and devices shall render objects visible or the distance within which such lights or devices shall be visible, such provision shall apply during the times stated in regulation 44 (1) (b) in respect of a vehicle when upon a straight, reasonably level, unlighted public road in clear weather unless a different time or condition is expressly stated.

(2)  Every lamp required to be fitted or to be used in connexion with any vehicle in terms of these regulations shall emit a light of sufficient brilliance to be visible from a distance of at least 150 metres to a person of normal eyesight.

46.         Head lamps

(1) No person shall operate on a public road—

(a) a motor vehicle, other than a motorcycle, a motor tricycle with one wheel in front or trailer unless it is equipped in front on each side of its longitudinal center-line with—

(i)  one head lamp capable of emitting a main-beam and a dipped-beam;

(ii)  one head  lamp capable of emitting a main-beam and one head lamp capable of emitting a dipped-beam; or

(iii)         one head lamp contemplated in subparagraph (i) or head lamps contemplated in subparagraph (ii) and an additional head lamp capable of emitting a main-beam;

(b)  a motorcycle without a side-car, or a motor tricycle with one wheel in front, unless it is equipped in front with—

(i)  one head     lamp capable of emitting a main-beam and a dipped-beam;

(ii)  one head   lamp capable of emitting a main-beam and one head lamp capable of emitting a dipped-beam, both of which are fitted in the same vertical plane; or

(iii)  two head lamps each capable of emitting a main-beam and a dipped-beam both of which are fitted in the same horizontal plane; or

(c)           a motorcycle with a side-car, unless—

(i) the motorcycle is equipped in front with one head lamp contemplated in subregulation (1) (b) (i) or head lamps contemplated in subregulation (1) (b) (ii) or (iii); and

(ii) the side-car equipped in front with one parking lamp complying with the provisions of regulation 51 or with one head lamp contemplated in subregulation (1) (b) (i), but subject to the proviso to regulation 48 (4) (a).

(2) At least one head lamp contemplated in subregulation (1) (a) capable of emitting a dipped- beam or a parking lamp complying with the provisions of regulation 51 shall be so fitted on each side of the longitudinal center-line of a motor vehicle concerned that the portion of the illuminating surface thereof furthest from the longitudinal center-line of the motor vehicle is not more than 400 millimetres from the outer edge of the front of the motor vehicle.

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47.         Main-beam

Every head lamp emitting a main-beam of light shall be so adjusted and maintained that—

(a)  it shall be capable of adequately illuminating an area ahead of the motor vehicle concerned enabling the driver to see any person, vehicle or substantial object at a distance of at least 100 metres ahead; and

(b)           it can be extinguished by the use of a device which simultaneously shall cause or allowed to dipped-beam of light to be emitted or continue to be emitted from the head lamp.

48.         Dipped-beam

(1) Every head lamp emitting a dipped-beam of light which, when projected onto a vertical screen, shows a beam pattern with a sharp, clearly defined cut-off line—

(a)  diagonal to the left (hereinafter referred to as the "diagonal cut-off-line”); and

(b)  horizontal to the right (hereinafter referred to as the "horizontal cut-off line”), shall be so adjusted and maintained that, when the motor vehicle concerned is on a reasonably level road, such beam at the horizontal cut-off line shall—

(i) slant downwards at a percentage inclination of at least 0.5 per cent which percentage inclination shall be calculated in accordance with the formula—

h1-h2

L x100;and

(ii) strike the road surface ahead of the motor vehicle within a distance in metres calculated in accordance with the formula— 200 x h

(2)     In formulae referred to in subregulation (1)—

(a)  "h1" represents the height in metres of the lamp measured to the center of the head lamp vertically from ground level;

(b)  "h2" represents the height in metres of the horizontal cut-off line measured vertically from ground level at the screen contemplated in subregulation (1); and

(c) "L" represents the distance in metres of the screen contemplated in subregulation (1) measured horizontally from the head lamp as illustrated hereunder—

(3) Every head lamp emitting a dipped-beam of light which, when projected onto a vertical screen, shows a symmetrical light-pattern or does not have a diagonal and horizontal cut-off line, shall be so adjusted and maintained that when the motor vehicle concerned is on a reasonable level road, the center of the intense part of such beam shall slant downwards to strike the road surface ahead of the motor vehicle within a distance not exceeding 45 metres.

(4)     Every head lamp emitting a dipped-beam of light shall be so adjusted and maintained that—

(a)  it shall be capable of adequately illuminating an area ahead of the motor vehicle concerned enabling the driver to see any person, vehicle or substantial object at a distance of at least 45 metres ahead of the motor vehicle:

Provided that the provisions of this paragraph shall not apply to a head lamp emitting a dipped- beam of light fitted to the side-car of a motorcycle;

(b)         it does not cause a dangerous glare to oncoming traffic on a reasonably level road; and

(c)           in the case where—

(i) a dipped-beam shows a light-pattern as contemplated in subregulation (1), the intersection of the diagonal and horizontal cut-off lines; or

(ii) a dipped-beam shows a light-pattern as contemplated in subregulation (3), the center of the intense part of such beam,

shall not deflect to the right.

49.         Lights to be displayed on stationery or packed motor vehicle

Subject to the proviso to regulation 44 (1) (b), no person shall on a public road stop or park a motor vehicle unless—

(a) the head lamps thereof emit a dipped-beam of light complying with the provisions of regulation 48 or a beam of light complying with the provisions of regulation 51 is emitted from parking lamps incorporated in such head lamps; or

(b)  if the head lamps thereof are extinguished, light is emitted from two fog lamps or parking lamps complying with the provisions of regulations 50 and 51, respectively.

50.                Fog lamps

(1)     A motor vehicle may be equipped at the front or at the rear with—

(a)         one fog lamp; or

(b)         two fog lamps, one on each side of the longitudinal centerline of the motor vehicle.

(2)    No person shall operate on a public road a motor vehicle which, in terms of subregulation (1) is equipped with a fog lamp or fog lamps, unless—

(a)  every fog lamp at front is so adjusted and maintained that it shall only be capable of emitting a dipped-beam of light complying with the provisions of regulation 48 (3) and (4); or

(b)  the fog lamp or lamps at the rear can only be brought into operation when any fog lamp at the front or any head lamp of such vehicle is brought into operation.

(3)     No fog lamp contemplated in subregulation (1) shall be fitted—

(a) at the front of a motor vehicle with the highest point of its illuminating surface above the highest point of the illuminating surface of a head lamp emitting a dipped-beam of light; or

(b) at the rear of a motor vehicle with the lowest point of its illuminating surface less than 250 millimetres and the highest point thereof mote than 1,000 millimetres from ground level.

(4)     if—

(a) a motor vehicle, other than a motorcycle, motor tricycle with one wheel in front, is, in terms of subregulation (1) (a), equipped with one fog lamp at the front, a parking lamp or parking lamps complying with the provisions of regulation 51 shall be fitted to the motor vehicle concerned in such a manner that every parking lamp shall be brought into operation simultaneously with a fog lamp; or

(b)  a motor vehicle is, in terms of subregulation (1) (b), equipped with two fog lamps at the front and any such lamp is so placed that the portion of its illuminating surface which is furthest from the longitudinal centre-line of the motor vehicle is further than 400 millimetres from the outer edge of the front of such vehicle, a parking lamp or parking lamps complying with the provisions of regulation 51 shall be fitted to the motor vehicle and in such a manner that every parking lamp shall be brought into operation simultaneously with the fog lamps.

(5)    No fog lamp shall be fitted to the side-car of a motorcycle at the front, unless the motorcycle concerned is equipped with a fog lamp complying with the provisions of this regulation or with a parking lamp complying with the provisions of regulation 51 and which can be brought into operation simultaneously with the fog lamp on the side-car:

Provided that if a fog lamp is only fitted to the motorcycle at the front, the side-car shall be equipped with one parking lamp referred to in regulation 46 (1) (c) (ii) and such parking lamp shall be capable of being brought into operation simultaneously with such fog lamps.

(6)    No person shall operate on a public road, a motor vehicle, while any fog lamp fitted to such vehicle is lit, except in conditions of poor visibility caused by fog, mist, dust or smoke.

51.         Parking lamps

(1)     A motor vehicle may be equipped—

(a)           in front with one or two parking lamps which shall be visible directly from the front;

(b)           at the rear with one or two parking lamps which shall be visible directly from the rear; or

(c)           at each side with one parking lamp which shall be visible directly from the rear.

(2)     Any parking lamp—

(a)  completed in subregulation (1) (a), may form part of a head lamp contemplated in regulation 46, a fog lamp contemplated in regulation 50 or a front position lamp contemplated in regulation 53; or

(b) contemplated in subregulation (1) (b), may form part of a fog lamp contemplated in regulation 50, a rear lamp contemplated in regulation 55 or a stop lamp contemplated in regulation 56.

(3)     If a motor vehicle is, in terms of subregulation (1), equipped at the front or at the rear with—

(a)  one parking lamp, such lamp shall be fitted on the right side of the motor vehicle; or

(b)  two parking lamps, one parking lamp shall be fitted on each side of the longitudinal center-line of the motor vehicle, so that the portion of the illuminating surface thereof furthest from the longitudinal center-line of the motor vehicle is not further than 400 millimetres from the outer-edge of the front or rear of the motor vehicle, as the case may be.

52.         When parking lamps are to be kept lighted

No person shall operate on a public road a motor vehicle on any side of the longitudinal center­line thereof if no head lamp in use is so placed that the portion of its illuminating surface furthest from such center-line is within 400 millimetres from the outer-edge of the front of the vehicle, unless a parking lamp fitted to that side of the vehicle and complying with regulation 51 is kept lighted.

53.         Front position lamps

(1) No person shall operate on a public road a motor vehicle or a combination of motor vehicles, other than a motorcycle, if any of the outer edges of the widest part of such vehicle or combination or any load thereon projects more than 400 millimetres beyond the illuminating surface of any outermost lamp to the front of such vehicle or combination of motor vehicles which is nearest to such edge, unless there is fitted on each side of such widest part one front position lamp which shall be visible directly from the front.

(2)     The front position lamps contemplated in subregulation (1)—

(a)  shall be fitted as near as possible to, but not more than 400 millimetres, from the outer- edges of the widest part of the motor vehicle or combination of motor vehicles concerned or any load thereon, and shall not be less than 350 millimetres or more than 2,100 millimetres above the ground level; and

(b)         shall emit a white light.

54.         End-outline-marker lamps

(1)     A motor vehicle may be equipped—

(a)  in front of each side of its longitudinal center-line with one end-outline-maker lamp which shall be visible directly from the front; and

(b) at the rear on each side of its longitudinal center-line with one end-outline-maker lamp which shall be visible directly from the rear.

(2)     The end-outline-maker lamps contemplated in subregulation (i)—

(a) shall be fitted as near as possible to the outer-edges of the front and rear of the motor vehicle concerned and as high as possible; and

(b) shall emit a white light to the front and a red light to the rear.

55.         Rear lamps

(1) No person shall operate on a public road a motor vehicle unless it is fitted with at least one

lamp on each side at the rear, emitting a red light to the rear, of maximum intensity of two candles and positioned not more than 400 millimetres from the outer edges of the widest part of such motor vehicle and not less than 350 millimetres or more than 1,500 millimetres above ground level:

Provided that if due to the structure of the vehicle it is impossible or impractical to position such lamps within 1,500 millimetres above ground level the lamps may be positioned as near as possible but not more than 2,100 millimetres above ground level:

Provided further that—

(a)           a motorcycle or a motor tricycle; or

(b)           a motor vehicle first registered prior to 1st April, 1984,

shall be fitted with at least one such lamp at the rear position in the center or to the right of the longitudinal center-line of such vehicle at a height above the ground of not less than 300 millimetres and not more than 2,100 millimetres.

(2)    Rear lamps in addition to those referred to in subregulation (1), may be fitted above 100 millimetres.

(3)  A motor vehicle which is being towed by a breakdown vehicle shall be fitted with a separate temporary set of rear lamps while such motor vehicle is so towed.

56.         Stop lamp

(1)  No person shall operate a motor vehicle, other than a trailer drawn by a tractor, or a tractor, on a public road unless it is fitted with at least one stop lamp on each side at the rear of the motor vehicle which shall—

(a)           be visible from the rear and shall be unobscured with angles of—

(i)    45 degrees measured across the width of the motor vehicle on either side of a line parallel to the longitudinal center-line of the motor vehicle and passing through the center-line of each stop lamp; and

(ii) 15 degrees measured vertically on either side of a horizontal line parallel to the longitudinal center-line of the motor vehicle and passing through the center-line of each stop lamp:

Provided that if the height of the stop lamp above ground level is less than 750 millimetres such angles, measured below such horizontal line, may be reduced to five degrees;

(b)  be fitted at a height of not less than 300 millimetres and not more than 2,100 millimetres above ground level, measured to the centre of the lamp:

Provided that additional stop lamps may be fitted above 2,100 millimetres;

(c)  be fitted equidistant from, and on each side of, the centre-line of such motor vehicle;

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

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

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

Provided that a motorcycle may be fitted with only one such lamp.

(2) A motor vehicle which is being towed by a breakdown vehicle shall be fitted with a separate temporary set of stop lamps which is coordinated with the working of the stop lamps of the breakdown vehicle while such motor vehicle is towed.

(3) A stop lamp complying with the provisions of subregulation (1) may be incorporated in a rear lamp fitted to a motor vehicle in terms of regulation 55.

57.         Registration plate lamp

(1) No person shall operate on a public road a motor vehicle, other than a tractor, unless it is fitted with at least one registration-plate lamp at the rear, illuminating the registration plate or identification card by means of a white light which shall make every letter and figure of such plate or card plainly distinguishable from a distance of at least 20 metres by a person of normal eyesight.

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

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(5)  (a) no person shall operate on a public road a motor vehicle, unless it is fitted with a separate switch to operate all the direction indicators simultaneously;

(b)           the provisions of paragraph (a) shall not apply to—

(i)              a   tractor;

(ii)             a   trailer;

(iii)           a   motorcycle;

(iv)           a   motor tricycle;

(v)             a motor quadrucycle;

(vi)           a construction vehicle; or

(vii)         any motor vehicle which according to the registration certificate thereof, was registered for the first time before 1st January, 1980.

(6) (a) the driver of a motor vehicle fitted with a separate switch to operate all the direction indicators simultaneously, shall put into operation simultaneously all the direction indicators fitted to such vehicle, when the vehicle is—

(i)              stationary in a hazardous position;  or

(ii)             in motion in an emergency situation;

(b) the driver of a motor vehicle shall not put into operation simultaneously all the direction indictors fitted to such motor vehicle in a circumstance other than those referred to in paragraph (a).

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

(8) Direction indicators shall be maintained in good working order.

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

(10)  A motor vehicle which is being towed by a breakdown vehicle shall be fitted with a separate temporary set of direction indicators which is coordinated with the working of the direction indicators of the breakdown vehicle while such motor vehicle is so towed.

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87. Prohibition against use of direction indicator not complying with the provisions of these Regulations

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

88.         Steering gear

(1)     No person shall operate on a public road a motor vehicle—

(a)  unless all parts of the steering mechanism thereof are in sound safe mechanical condition; and

(b) unless, in addition to the requirements of paragraph (a), all parts of the steering mechanism thereof are so adjusted that, unless otherwise designed by the manufacturer, the amount of movement which the steering wheels make before the steering gear becomes effective in changing the direction of the steerable wheels from a position where such wheels are parallel to the longitudinal centre-line of the vehicle to the right or left is no more than 12.5 per cent of the outside circumference of the steering wheel (that is to say, 45 degrees).

(2)     No person shall operate on a public road a motorcycle—

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

(b)  unless the distance between the outside edges of the handlebars is at least 600 millimetres in respect of a motorcycle with an engine with a cylinder capacity of 200 cubic centimetres or more and at least 500 millimetres in respect of all other motor cycles; or

(c) of which the outer ends of the handgrips on the handlebars are—

(i)             higher than 500 millimetres above the seat height; or

(ii)            lower than the seat height, and more than 800 millimetres apart.

89.         Warning devices

(1) Subject to the provisions of sections 91 (3) and 93 of the Act, no person shall operate on a public road a—

(a) self-propelled motor vehicle, unless it is equipped with an efficient warning device, is in good working order and, when used, capable of emitting a sound which, under normal conditions, is clearly audible by a person of normal hearing from a distance of at least 90 metres;

(b) pedal cycles, unless it is equipped with an efficient warning device which is in good working order and, when used, capable of giving adequate warning of its approach;

(c) vehicle to which a siren is fitted; or

(d) vehicle to which a device is fitted which emits a sound of which the tone of pitch varies:

Provided that the provisions of paragraphs (c) and (d) shall not apply to a motor vehicle to which an anti-theft device which emits a sound of which incorporates a siren, is fitted.

(2) The device which may be fitted to a vehicle referred to in sections 91 (3) (b) and 93 (b) of the Act shall be capable of emitting a sound of which the tones of pitch shall—

(a) be similar to that sound commonly known as the Klaxon;

(b)  sweep rapidly between 400 and 1,500 Hertz at a rate of between 120 and 180 cycles per minute (commonly known as the "yelp”); and

(c) sweep slowly between 400 and 1,500 Hertz at a rate of between 6 and 9 cycles per minute (commonly known as the "wail”).

90.         Glass of windscreen, etc., of motor vehicle

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

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

(b) unless in the case of a windscreen, other than a windscreen fitted to a motorcycle or motor tricycle, such transparent material—

(i) is glass; and

(ii) in respect of a motor vehicle which, according to the registration certificate thereof, was registered for the first time after 1st January, 1966, complies with the provisions of paragraph (a) even when shattered; and

(c)  unless, in respect of a motor vehicle which, according to the registration certificate thereof, was registered for the first time after 1st January, 1966, such transparent material is safety glass and every pane thereof is permanently marked with the name or trade mark of the manufacturer thereof or the trade name of the glass and is clearly identifiable as safety glass by a permanent mark describing it as such.

(2)    Notwithstanding the provisions of paragraphs (b) and (c) of subregulation (1), the transparent material—

(a)         with which—

(i)  a window in the roof of a motor vehicle;

(ii) a window or portion of a bus or a minibus; or

(iii)  a window or portion of a semi-trailer designed or adapted for the conveyance of passengers is fitted, may consist of ultrahigh impact acrylic or polycarbonate plastic material where each pane therefor is permanently marked with the name or trademark of the manufacturer thereof or the trade name of the material and such material is clearly identifiable as ultrahigh impact acrylic or polycarbonate plastic material by a permanent mark describing it as such;

(b) with which a window or partition or a removeable or collapsible hood or canopy of a motor vehicle is fitted, may consist of a flexible plastic material; and

(c) with which a window or partition of a trailer not designed or adapted for the conveyance of passengers is fitted, may in the case where such trailer, according to the registration certificate thereof—

(i) was registered for the first time before 1st January, 1987, consist of acrylic or polycarbonate plastic material or of glass; or

(iiwas registered for the first time on or after 1st January, 1987, consist of acrylic or polycarbonate plastic material.

(3)     No person shall operate on public road any motor vehicle, unless—

(a) the visible light transmitted through—

(i) the windscreen is at least 70 per cent; and

(ii) any other window is at least 35 per cent, when measured in accordance with approved devices; and

(b)  any film or tinting material applied to any windscreen, window or portion is free from bubbles, tears or scratches.

(4)     The provision of subregulation (3) (a) (ii) shall not apply to an ambulance or a hearse.

91.               Windscreen wiper and washer

No person shall operate on a public road a motor vehicle with a windscreen which is not fitted with—

(a)  at least one windscreen wiper which shall be capable of operation by other than manual means and shall, when in operation, wipe the outside of the windscreen directly in front of the driver, continuously, evenly and adequately; and

(b) except in the case of a motor vehicle first registered before January, 1972, an efficient windscreen washer capable of being operated from the driver's seat and spraying water or washing fluid onto the windscreen wiper's are of operation on the driver's side when the control is used:

Provided that the provisions of this regulation shall not apply to a motorcycle, a motor tricycle or a motor quadrucyle without a fixed hood.

92.               Driver's view to be unobstructed

(1)     No person shall operate on a public road a motor vehicle—

(a)  which is not so constructed and maintained as to afford the driver thereof a full and clear view of the road way ahead and to his right and left when the vehicle is in use.

(b)  which is not fitted with a rearview mirror or mirrors enabling the driver of such vehicle when he is in the driving position to see in clear weather a clear reflection of traffic to the rear:

Provided that the provisions of this paragraph shall not apply in respect of a tractor.

(c)  which is a motorcar, minibus, bus or goods vehicle, the gross vehicle mass of which does not exceed 3,500 kilograms and which, according to the registration certificate thereof, was registered for the first time on or after 1st January, 1987, unless it is fitted with an exterior rearview mirror on the driver's side and an interior rearview mirror:

Provided that where the interior rearview mirror does not enable the driver, when he is in the driving position, to see in clear weather, a clear reflection of traffic to the rear, an additional exterior rearview mirror shall be fitted on the side opposite to the driver's seat and in such a case it shall not be necessary to fit an interior rearview mirror;

(d) which is a minibus, bus or goods vehicle, the gross vehicle mass which exceeds 3,500 kilograms and which, according to the registration certificate thereof, was registered for the first time on or after 1st January, 1987, unless it is fitted with an exterior rearview mirror on the side opposite to the driver's seat; and

(e)  which is a motorcycle, a motor tricycle or motor quadrucycle unless it is fitted with a rearview mirror on the right side of the handlebars thereof, and from 31st December, 1990, such cycle shall also be fitted with a rearview mirror on the left side of the handlebars thereof.

(2)     Every rearview mirror of a motor vehicle—

(a)         which—

(i)  is a motorcar, minibus, bus or goods vehicle, the gross vehicle mass of which does not exceed 3,500 kilograms and which, according to the registration certificate thereof, was registered for the first time after 1976; or

(ii)   is a minibus, bus or goods vehicle, the gross vehicle mass of which exceeds 3,500 kilograms and which, according to the registration certificate thereof, was registered for the first time during the period 1st January, 1976 to 31st December, 1986, shall be either flat or spherically convex and have an average radius of curvature of not less than 1,200 millimetres; or

(b)  contemplated in subregulation (1) (d) shall be either flat or spherical convex and have an average radius or curvature of not less than 1,800 millimetres.

Fuel tank electrical wiring and battery

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93.             No person shall operate on a public road a motor vehicle—

(a) if the fuel tank, carburetor, fuel receptacle or fuel pipe thereof is defective or so exposed that it constitutes a source of danger;

(b)  if the filling orifice of the fuel tank is not fitted with an effective cap; or

(c) unless the electrical wiring and battery are properly installed, insulated and maintained so that such wiring and battery do not constitute a source of danger.

94.         Engine of motor vehicle to be covered

No person shall operate on a public road a motor vehicle, other than a tractor, construction vehicle, motorcycle or other bicycle, unless the engine thereof is so covered as not to be a source of danger.

95.         Compulsory wearing of protective helmet in respect of motorcycle

(1)  No person shall drive or be a passenger on a motorcycle, motor tricycle or a motor quadrucycle, or be a passenger in the side-car attached to a motorcycle, on a public road unless he is wearing a protective helmet—

(a)           which is especially designed for use in connexion with such cycle; and

(b)           which fits him properly and of which the chin strap is properly fastened under his chin.

(2)     The driver of a motorcycle, motor tricycle or motor quadrucycle shall ensure that any passenger in or on such cycle who is younger than 16 years, complies with the provisions of subregulation (1).

96.         Manner in which side-car to be attached to motor cycle

No person shall operate on a public road a motorcycle with side-car, unless such side-car is attached to the left side of the motor cycle in such a manner that the centre-line of the axle of the side­car is within the wheel-base of the motorcycle:

Provided that no side-car is within the wheelbase of the motor cycle:

Provided further that no side-car shall be attached to a motor cycle having an engine with a cylinder capacity of less than 50 cubic centimetres.

97.         Exhaust silencers and exhaust pipe

No person shall operate on a public road a motor vehicle—

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

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

(c)  if the exhaust gas or smoke from the engine is directed to the left side of such vehicle or discharged other than parallel to or up and away from the road or in such a manner as is likely to raise dust on a public road or is so dense as to cause a nuisance to, or obstruct the vision of other users of such public road:

Provided that the exhaust gas or smoke of a motor vehicle with a gross vehicle mass not exceeding 3,500 kilograms or a motorcar may be discharged by means of an exhaust pipe with a downward bend not exceeding 45 degrees or a bend to the left of the vehicle not exceeding 45 degrees;

(d) if the exhaust pipe or silencer is in such a position that oil or other flammable liquid or material can drip or fall onto it, or is not in efficient working order, or is so placed and maintained that exhaust gas or smoke leaks into the driver's cab or passengers' compartment of the vehicle; or

(e)  which if tested in accordance with approved procedures and using approved devices exceeds any noise limits laid down in such procedures.

98.         Entrances and exits

(1)   No person shall operate on a public road a motor vehicle with a fixed hood and a tare in excess of 570 kilograms unless such vehicle has at least—

(a)  a convenient means of entrance and exit on both the left side and the right side; or

(b)  such means of entrance and exit on either the left side or the right side and a ready means of escape on the side opposite to such means of entrance and exit or at the rear, for the occupants thereof, and where such vehicle is so operated whilst conveying passengers in a separate compartment which does not—

(i) comply with the provisions of paragraph (a) or (b); or

(ii)  afford such passengers unobstructed access to the driving compartment, such vehicle shall have at least a convenient means of entrance and exit at the rear for such passengers.

(2)   A means of entrance and exit and a means of escape referred to in subregulation (1) shall be equipped with a door or other effective barrier:

Provided that a means of entrance and exit at the rear of a motor vehicle need not be so equipped.

(3) A door or barrier contemplated in subregulation (2) or a door or other barrier with which a means of entrance and exit at the rear of a motor vehicle is equipped, shall be—

(a) capable of being opened and closed from both the outside and the inside; and

(b) closed and clear of any obstruction when the vehicle is in motion:

Provided that the provisions of paragraph (a) shall not apply to a means of escape which has a barrier which is capable of being opened by being knocked out.

(4)     The provisions of this regulation shall not apply to a minibus, bus or the separate compartment of a motor vehicle in which prisoners are conveyed.

99.        Motor vehicle to be capable of travelling backwards and forwards

No person shall operate on a public road a motor vehicle, other than a motorcycle, motor tricycle or motor quadrucycle, if the tare thereof exceeds 570 kilograms, unless it can be driven backwards and forwards.

100.            Tyres

No person shall operate on a public road—

(a)           a motor vehicle, other than a tractor or trailer, which is equipped with a metal tyre;

(b)           a tractor or trailer which is equipped with a metal tyre less than 130 millimetres in width;

(c)           an animal-drawn vehicle which is equipped with a metal tyre less than 40 millimetres inwidth;

(d) a vehicle which is equipped with a metal tyre unless such tyre is so fitted and adjusted that the whole of the tread width of such tyre will at all times be in direct contact with a flat surface if the vehicle is moved on such surface;

(e)  a vehicle which is equipped with a tyre which is in such a state of disrepair or in such a condition that it may cause or is likely to cause damage to the road surface or may be or is likely to be a danger;

(f)  a motor vehicle which is equipped with a pneumatic tyre of which the rubber covering is so worn or damaged that the fabric or cord used in the construction of such tyre is exposed;

(g)  a motor vehicle of which a tyre is so constructed and fitted that the metal part of the wheel to which such tyre is fitted may come into contact with the road surface;

(h) a motorcycle which is equipped with a retreaded tyre;

(i)  a motor vehicle which is equipped with a regrooved tyre having a bead diameter of 430 millimetres or less;

(j) a motor vehicle, excluding a motorcycle with an engine having a cylinder capacity not exceeding 50 cubic centimeters, which is fitted with a pneumatic tyre, unless the tread of the tyre displays throughout its breadth and around its centre circumference a pattern, the tread of which is clearly visible and is at least one millimeter in depth.

(k)  a motorcycle with an engine having a cylinder capacity not exceeding 50 cubic centimeters, which is fitted with a pneumatic tyre which does not at any position on the tread thereof have a visible tread pattern over at least 80 per cent of the full width of the tread;

(l)  a motor vehicle which is equipped with a pneumatic tyre which has a break in its fabric or which has a cut, measured in any direction on the outside of the tyre and of such depth that it reaches the cords used in the construction of such tyre, in excess of 25 millimetres or 10 per cent of the maximum width of the tyre, whichever is the greater;

(m)  a motor vehicle which is equipped with a pneumatic tyre which has a lump or bulge caused by the separation of or a partial break in its structure; or

(n)  a motor vehicle other than a tractor, construction vehicle, motorcycle or other cycle which is equipped with pneumatic tyres unless there is carried on such vehicle at least one spare inflated tyre in good serviceable condition affixed to a rim, spare wheel or other device capable of being fitted quickly to a wheel or axle together with the apparatus in good working order for so fitting it.

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101.            Certain motor vehicle to be fitted with safety belts

(1) For the purposes of this regulation—

(a)         "approval mark” means—

(i)             the approval mark of the European Union, denoted as E;

(ii)           the approval mark of the European Economic Community, denoted as e;

(iii)         the Society of Automotive Engineers denoted as SAE; and

(iv) any other approval mark referred to in a specification, code of practice or any directive having standardization of motor vehicle safety belts as its aim an issued by national institution or organization outside Malawi for a purpose similar to that for which a standardization mark has been established;

(b) "harness belt”, "safety belt” and "three point belt” shall have the meaning assigned thereto in any applicable standard.

(2)     No person shall operate on a public road—

(a)           a motorcar which—

(i)   according to the registration certificate thereof, was registered for the first time after the year 1964 but before 1st July, 1978, unless the front seat thereof is equipped for the driver and, if such seat has seating accommodation for other persons, for at least one such person with—

(aa) a safety belt; or

(bb) any other belt bearing a standardization mark, which is firmly anchored to bodywork or to the bodywork and seat frame of such motorcar; or

(ii) according to the registration certificate thereof, was registered for the first time on or after 1st July, 1978, unless the front seat thereof is equipped for the driver and for at least one other person—

(aa)   in   the case where the roof of that motor car forms an integral part of the body work,  with  a    harness belt    or a three-point belt which is firmly anchored to the motorcar; or

(bb)  in the case where the roof of that motor car does not form an integral part of    the bodywork,   with a safety belt which is firmly anchored to the bodywork or to the bodywork and seat frame of that motorcar; or

(b)           a minibus, bus or goods vehicle—

(i)   the gross vehicle mass of which does not exceed 2,500 kilograms and which according to the registration certificate thereof was registered for the first time on or after 1st January, 1979, but before 1st January, 1985, unless the front seat thereof is equipped for the driver and, if such seat has seating accommodation for other persons, for at least one such person with a harness belt or three-point belt which is firmly anchored to the bodywork or bodywork and seat frame of such vehicle; or

(ii) the gross vehicle mass of which does not exceed—

(aa) 2,500 kilograms and which according to the registration certificate thereof was registered for the first time on or after 1st January, 1985, but before 1st January, 1987, unless the front seat thereof is equipped with a harness belt or a three-point belt in the circumstances specified in subparagraph (i); or

(bb) 3,500 kilograms and which according to the registration certificate thereof was registered for the first time on or after—

(aaa) 1st January, 1987, unless the front seat thereof is equipped with a harness belt or a three-point belt in the circumstances specified in subparagraph (i); and

(bbb) 1st July, 1992, unless the front seat thereof is equipped with a safety belt if there is seating accommodation according to the provisions of regulation 14 (1) (a) for any other person than the persons referred to in subparagraph (1).

(3)    No person shall operate on a public road a motor vehicle, unless every safety belt with which such motor vehicle has to be equipped in terms of subregulation (2) complies with the requirements of the Standard Specifications and bears a standardization mark or an approval mark.

(4)    The driver of any motor vehicle contemplated in subregulation (2) and any other person who occupies a seat in that motor vehicle which, in terms of the provisions of that subregulation, has to be equipped with a safety belt or other belt shall, subject to the provisions of subregulation (7) and while that motor vehicle is being driven on a public road, wear the belt with which the seat concerned is equipped and that belt shall be properly adjusted and securely fastened:

Provided that the provisions of this subregulation shall not apply to such driver while reversing such motor vehicle or causing it to move in or out of a parking bay.

(5)    No person, other than a person exempted in terms of the provisions of subregulation (7), shall occupy a seat on the front seat of any motor vehicle contemplated in subregulation (2) while such vehicle is being driven on a public road, unless all other seats on such front seat which have to be so equipped with safety belts or other belts are occupied.

(6)    The driver of a motor vehicle contemplated in subregulation (2) shall ensure that any person who is younger than 14 years complies with the provisions of subregulation (4) or (5).

(7)       (a) the Director may, on written application, exempt a person from the provisions of subregulation (4) on such medical grounds as he may deem sufficient and subject to such conditions as he may deem expedient.

(b) for the purpose of considering an application as contemplated in paragraph (a), the Director may direct that such information be furnished and such evidence be submitted as he may deem expedient; or

(c)  a person who has, in terms of any law of a prescribed territory, been exempted from the provisions relating to the compulsory wearing of safety equipment in a motor vehicle shall, during the period of validity of such exemption be deemed to have been exempted in accordance with the provisions of paragraph (a).

102.            Emergency warning sign (Triangle)

(1) For the purposes of this regulation—

(a)  the expression "motor vehicle” excludes a motorcycle, motor tricycle or motor quadrucycle;

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

(2) No person shall operate on a public road a motor vehicle unless there is carried on such vehicle at least two emergency warning signs which—

(a) is a double-sided sign having the shape, design, minimum dimensions and colours as illustrated hereunder, and of which the red portion on each side—

(i)            shall consist of red reflective material; or

(ii)           shall be painted red and have retro-reflectors at each corner; and

(b) is so constructed that when it is put into position as contemplated in subregulation (5), it will not be dislodged by the wind:

Provided that in the case of a combination of motor vehicles, the emergency warning signs for every motor vehicle of such combination may be carried on the drawing vehicle.

(3) Where a motor vehicle is for any reason stationary on the roadway of a public road for a period longer than ten minutes, the driver of such vehicle shall display or cause to be displayed at least two emergency warning signs in the manner contemplated in subregulation (5).

(4) No person shall, without lawful cause, remove or tamper with any emergency warning sign which is being displayed in accordance with the provisions of this regulation.

(5) At least two emergency warning signs shall be displayed in the following manner—

(a) one sign shall be placed on the surface of the roadway of the public road—

(i) to the front of such motor vehicle at a distance of not less than 30 metres or more than 45 metres from such motor vehicle;

(ii) to the rear of such motor vehicle at a distance of not less than 30 metres or more than 45 metres from such motor vehicle;

(b) the signs shall be placed on the surface of the roadway to the immediate left of the roadway center-line on the same side of the public road on which such motor vehicle is stationary; and

(c) the reflective side of the signs shall face in the direction from which any traffic will approach.

(6)      The provisions of subregulation (3) shall not apply where a motor vehicle is stationary—

(a) in a place where a road traffic sign authorizes the loading or unloading of a vehicle;

(b) in compliance with any direction conveyed by a road traffic sign or given by an authorized officer;

(c) on account of other traffic on the public road concerned and while the driver occupies the driver's seat of such motor vehicle; or

(d)  in the course of events accompanying the carrying out of a State or municipal function.

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103.            Speedometer

(1) No person shall operate on a public road a motor vehicle which is designed for or capable of reaching a speed of 60 kilometres per hour or more on a reasonably level road, unless such vehicle is equipped with a speedometer which is in a good working order.

(2) The provisions of subregulation (1) shall apply to—

(a) a trailer; or

(b) a motor vehicle while being operated by a motor dealer in the course of his business for the repair of the speedometer of such vehicle.

104.            Motorcycle crash bar

(1)  Every motorcycle having an engine capacity of 350 cubic centimetres or more shall be equipped with a bar or tube on each side of the forward part of the frame at approximately right angles to it of sufficient strength to support the weight of the motor cycle should it fall on its side.

(2) Each such bar or tube shall sufficiently project laterally from the forward part of the frame to which it is attached to give adequate protection to the rider's legs against the weight of the motorcycle should it fall on its side when being ridden.

105.            Wing

(1) Every motor vehicle other than a construction vehicle or a farm tractor shall be equipped with wings or other similar fittings to catch, so far as practicable, water thrown up by the rotation of the wheels unless the body of the vehicle performs such functions:

Provided that this subregulation shall not apply in the case of a motor vehicle in an unfinished condition proceeding to a works for completion.

(2)     For the purpose of this regulation, wings shall cover at least half the circumference of the wheel concerned, and shall extend to the level of the hub of the wheel at both ends.

106.            Towing of vehicles

No person shall operate a motor vehicle on a public road towing another vehicle—

(a)  if the length of the tow-rope, chain or tow-bar between the two vehicles exceeds 3.7 metres;

(b) if the towed vehicle is connected to the towing vehicle in such a manner that both vehicles are not under control;

(c)         except, in the case of a towed vehicle fitted with steering gear contemplated in regulation 88 (1), if such steering gear is controlled by a person holding a driver's licence authorizing him to drive the class of vehicle being towed:

Provided that the provision of this paragraph shall not apply in the case where—

(i)  the steerable wheels of the towed vehicle are being carried clear off the ground; or

(ii) the device connecting the towing vehicle to the towed vehicle is such that the steerable wheels of the towed vehicle are controlled by such device;

(d)  if the brakes of the towed vehicle are defective in terms of regulation 42, unless the towing vehicle is connected to the towed vehicle by means of a drawbar or tow-bar;

(e) at a speed in excess of 30 kilometres per hour, unless the towing vehicle is connected to the towed vehicle by means of a drawbar or a tow-bar;

(f)  if the towed vehicle is conveying persons at a speed in excess of 30 kilometres per hour, unless the towed vehicle is a semi-trailer; or

(g)  if the towing vehicle is a motorcycle, motor tricycle, motor quadrucycle or pedal cycle unless the towed vehicle is designed to be towed by such cycle as the case may be.

107.            Conditions for the use of construction vehicles

No person shall operate on a public road a construction vehicle except under the conditions

that—

(a no such vehicle shall be operated on the roadway of a public road during the period when lights must be lighted in terms of regulation 44 (1) (b);

(b)   the overall width of any such vehicle shall not exceed 3.5 metres;

(c) the driver of any such vehicle on the roadway of a public road shall stop such vehicle, and where possible, drive it off the roadway if it be necessary in order to allow other vehicular traffic to pass;

(d) any such vehicle exceeding the overall length prescribed in regulation 3 or the overall width prescribed in regulation 5 shall display two flags or red cloth not less than 600 millimetres by 600 millimetres, in such manner as to indicate its abnormal length or width and such flags shall be suspended from the vehicle transversely to the direction of travel; and

(e) any such vehicle exceeding the overall length prescribed in regulation 3 or which is more than 2.6 metres wide shall not overtake any other vehicle:

Provided that this prohibition shall not apply to the overtaking of a pedal cycle or animal drawn vehicle.

108.            Conditions for the use of farm implement

No person shall operate on a public road any farm implement, which including a tractor, which is not a goods vehicle and which is used solely for bona fide agricultural, horticultural or pastoral pursuits except under the conditions that—

(a)  no such vehicle shall be operated on the roadway of a public road during the period when lights must be lighted in terms of regulation 44 (1) (b);

(b)  the driver of any such vehicle on the roadway of a public road shall stop such vehicle and, where possible, drive it off the roadway if it be necessary in order to allow other vehicular traffic to pass;

(c) any such vehicle—

(i) exceeding the overall length prescribed in regulation 3;

(ii)  encroaching beyond half the width of the roadway except when crossing bridges; or

(iii)   which is more than 2.6 metres but less than 3.5 metres wide, shall display two flags of red cloth not less than 600 millimetres by 600 millimetres in such manner as to indicate its abnormal length or width and such flags shall be suspended from the vehicle transversely to the direction of travel:

Provided that the vehicle may be fitted with amber flashing lights in lieu of such flags; and

(d) the overall width of any such vehicle shall not exceed 4.5 metres:

Provided that when the overall width exceeds 3.5 metres—

(i) such vehicle shall not normally encroach beyond half the width of the roadway except when crossing bridges; and

(ii) if such vehicle does encroach beyond half the width of the roadway, two escort vehicles with the headlamps switched on and displaying red flags of the size prescribed in paragraph (c) or amber flashing lights shall be provided, one traveling in front and one to the rear of such vehicle; and

(e) such vehicle shall not be operated on any public road for a distance exceeding eight kilometres unless such vehicle is proceeding directly to or returning from a workshop for the purpose of maintenance or repairs, or directly to or returning from a base depot.

109.            Mobile telephones

No person, who is the driver of a motor vehicle, shall hold in either hand any part of a mobile telephone whether such telephone is in operation or not while—

(a)           the engine of such motor vehicle is in operation; and

(b)           such motor vehicle is on a public road.

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PART V

EQUIPMENT OF OR IN RESPECT OF PUBLIC SERVICE VEHICLE

110.            Persons not to be carried in goods compartment

No person shall on a public road carry any persons for reward in the goods compartment of a motor vehicle.

111.            Sides and roof

No person shall operate on a public road a minibus or a bus unless—

(a)  the sides of the passenger compartment are enclosed to the height of at least 600 millimetres from the floor with material which is durable and weatherproof; and

(b) such minibus or bus is provided with a weatherproof roof.

112.            Entrances, exits and emergency exits of minibuses and buses

(1)  A minibus or bus shall be equipped with at least one passenger entrance leading from the left hand side of such minibus or bus to the passenger compartment, in addition to any doors provided for the driver and front seat passenger;

(2)  A minibus shall have at least one emergency exit on the right hand side or in the rearthereof:

Provided that a door fitted for use by the driver of such minibus which is accessible to persons in the passenger compartment thereof may be deemed to be such an emergency exit.

(3) A bus or the lower deck of a double-deck bus, shall have at least one emergency exit—

(a)  in the rear; or

(b) on each side towards, the rear:

Provided that a door fitted for use by the driver of such minibus which is accessible to persons in the passenger compartment thereof may be deemed to be such an emergency exit.

(4)     The upper deck of a double-deck bus shall have at least one emergency exit—

(a)           in the rear; or

(b)           on each side and in the roof, of such deck.

(5)    Each emergency exit shall have dimensions of at least 900 by 450 millimetres and shall be able to be opened from inside and outside and shall not open inward.

(6) An emergency exit shall not be so positioned that the passengers have to pass through a goods compartment of a minibus or bus or via the stairs of a double-deck bus to reach such emergency exit.

(7)    Escape hatches, knock-out windows or knock-out panels may be used as emergency exits and if a minibus or bus is operated for reward such hatches, windows or panels shall be marked with the words "emergency exit” on the inside and outside in letters of at least 50 millimetres in height.

(8)  A door of the size and operating characteristics referred to in subregulation (5) may be used as an emergency exit.

(9) No entrance for persons, other than the driver, shall be provided on the right hand side of the longitudinal centre-line of a minibus or bus operating for reward.

(10)  In the case of a minibus or bus that has been covered from a goods vehicle, the requirements of subregulations (1), (2), (3), (4), (6), (7) and (8) shall be deemed to be satisfied if openings complying with the requirements of subregulation (5) are provided in place of the entrances and exits referred to in such subregulation.

113.            Entrances and exits to be fitted with doors

No person shall operate a minibus or bus on public road, unless—

(a)  every entrance to or exit from the minibus or bus is fitted with a door or other effective barrier; and

(b)  such door or barrier is properly closed when the minibus or bus is in motion with persons thereon.

114.            Stairs

The stairs to the top deck of a double-deck bus shall be provided with a hand rail on each side as well as a partition or screen at each side of the stairs of sufficient strength to prevent any person from slipping off the side of any steps.

115.            Passageways

No person shall operate on a public road a bus, unless the passenger compartment of such bus has an unimpeded longitudinal passageway with a cross passageway from each entrance of the bus to the longitudinal passageway, and such passageways are at least—

(a)         300 millimetres wide from floor to seat level; and

(b)         350 millimetres wide above seat level.
 

116.            Seats

(1)   No person shall operate on a public road a bus, unless the driver's seat of such bus is adjustable and has a partition immediately behind it and is so placed as to afford the driver ample space for controlling the bus.

(2)   Subject to subregulation (3) no person shall operate a minibus or a bus on a public road unless the seats provided for passengers in such minibus or bus have—

(a) a backrest of which the—

(i) top shall be at least 350 millimetres from seat level;

(ii) bottom shall be not more than 200 millimetres from seat level; and

(iii)  the width, including the frame shall be at least 340 millimetres, passenger for whom seating accommodation is provided on the seat;

(b)  a seat height from the floor or foot rest of such seat to seat level of at millimetres, except where a seat is positioned over a wheel arch where no limit shall apply;

(c)  a seat depth from the front of the seat to the front of the backrest of at millimetres;

(d) a seat width as referred to in regulation 14 (2);

(e) in the case where a seat faces a partition or similar obstruction, a horizontal distance between the front of the backrest of such seat at seat level to such partition or obstruction of at least 750 millimetres;

(f) in the case where seats face each other, a horizontal distance between the front of the backrest of such seat at seat level of at least 1,200 millimetres; and

(g)  in the case where seats face in the same direction, a horizontal distance between the front of the backrest of any such seat, at seat level, and the back of the backrest of the seat in front, of at least 570 millimetres.

(3) Where in subregulation (2) a reference is made to a maximum or minimum dimension, a tolerance of 10 millimetres above any such maximum and below any such minimum shall be permissible.

(4)  No seat in a bus shall face an entrance or have a side of such seat opposite an entrance, unless a rail or partition is provided between such seat and entrance:

Provided that a rail may be fixed to the seat if the side of such seat faces an entrance.

(5) Every seat in a minibus or bus shall be securely fixed to such minibus or bus.

117.            Goods carried on minibus or bus conveying persons for reward

No person shall carry goods on or in a minibus or bus conveying persons for reward unless such

goods—

(a) are placed in a suitable goods compartment or container;

(b) are so placed that it does not constitute a danger to such persons; and

(c)  does not obstruct any entrance, exit or passageway of such minibus or bus.

118.            Windows and windscreen

(1) A minibus or bus operating for reward—

(a) shall have a continuous row of windows on the left and right hand sides of the passenger compartment and such windows, other than the windows of entrance and exit doors and the first and the last side window, shall each have a frame, in the case of—

(i)             a minibus of not less than 345 millimetres by 450 millimetres; and

(ii)            a bus, of not less than 450 millimetres by 450 millimetres;

(b) shall have an overall window area of not less than 25 per cent of the floor area of the passenger compartment;

(c) other than a bus having a system of force ventilation induced by mechanical means whether such bus is stationary or in motion, shall have windows which can be opened to the same extent so that the total area of the open spaces shall be not less than five per cent of the floor area of the passenger compartment; and

(d) may have other windows in addition to those referred to in subregulation (1) (a), (b) or (c).

(2) At least every alternate window in each side of a minibus or a bus operating or reward, other than a bus having a system of forced ventilation induced by mechanical means whether such bus is stationary or in motion, shall be capable of being opened.

(3) No window in a bus operating for reward shall be capable of being opened in such a manner that a person seated in a normal position is able to put his elbow out of the window.

(4) Every window-pane, windscreen and transparent partition of a minibus or bus operating for reward shall be maintained in sound, unbroken and clear condition.

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119.            Fuel receptacles and pipes

(1)      A minibus or bus operating for reward—

(a) shall have furl tanks, fuel receptacles and furl pipes which are free of leaks and which are not placed inside the body or steering cabin; and

(b)  shall have the filling orifice of a fuel tank placed outside the body or steering cabin.

(2)      No main furl tank shall be placed close to the engine of a bus operating for reward.

120.            Fire-extinguisher

(1) Every public service vehicle, other than a bus, and any vehicle used for the teaching of driving for gain shall carry in a readily accessible position at least one fire-extinguisher which shall be of—

(a) the dry powder type with a capacity of at least one kilogram; or

(b) the halogenated hydrocarbon type (BCF) with a capacity of at least one kilogram, and which shall be in good working order.

(2) Every bus operating for reward shall carry in a readily accessible position at least one fire- extinguisher which shall be of—

(a)         the dry powder type with a capacity of at least two and a half kilograms; or

(b)         the halogenated hydrocarbon type (BCF) with a capacity of at least one kilogram, and which shall be in a good working order.

121.            Rearview mirrors

In addition to the rearview mirror prescribed for motor vehicle in regulation 92, every bus operating for reward shall be fitted with a rearview mirror which shall enable the driver of the bus, when he is in the driving position to see a reflection of every entrance and exit of the bus.

122.            Tilt angle

(1) No person shall operate a double-deck bus on a public road unless such bus is capable of being tilted sideways to an angle of at least 23 degrees in either direction from the upright position without overturning while—

(a) every seat on the upper deck of the bus carries a mass of 63 kilograms;

(b) an additional mass of 63 kilograms is placed on the upper deck of the bus to represent a conductor;

(c)           the goods compartment on the upper deck of the bus, if any, is loaded to capacity;

(d)           except for a mass of 63 kilograms on the driver's seat, the lower deck of the bus is empty; and

(e)           except that the fuel tank is empty, the bus is in all other respect s ready for the road.

(2) For the purposes of issuing a certificate of fitness in respect of a double-deck bus, an examiner or a motor vehicle inspector may demand the production of a manufacturer's certificate or other like certificate which certifies that such bus complies with the provisions of subregulation (1).

123.            Standing persons

(1)       No person shall operate on a public road a bus in which a person is permitted to stand—

(a)           on any upper deck, steps, stairs or open platform;

(b)           in the cross passageway referred to in regulation 392; or

(c)           in any area with a roof height of less than 1.7 metres, except when entering or leaving such bus.

(2)   The maximum number of standing persons which may be carried in a bus shall be calculated in accordance with the formula— A - B C in which formula—

(a)  "A” represents the total clear floor space in square metres of the bus;

(b)    "B” represents the total clear floor space in square metres of the places referred to in subregulation (1); and

(c)  "C” represents the figure 0.125 being the clear floor space in squasre metres which shall be available for each standing person.

(3) A bus carrying standing persons shall be equipped with sufficient handstraps, handrails or grab handles for all standing persons.

(4)  No persons shall on a public road operate a minibus for reward in which a person is permitted to stand except if such minibus complies with the requirements of subregulations (1), (2) and (3)            .

124.            Destination indicator

(1)    Every minibus operating for reward shall be equipped at the front and rear with a device whereon the destination of the said minibus or bus may be displayed. The letters of any destination indicator shall be black in colour and at least 100 millimetres high and thick in proportion and the background shall be white in colour.

(2)    No lettering in black and white colours, other than the lettering required for a destination indicator, shall be placed on the front or rear of any vehicle to which this regulation applies, and no writing or lettering in any colour shall be placed on such minibus or bus in which a manner it is likely to interfere with the easy and instantaneous legibility of a destination indicator.

125.            Special exemption permit

(1) Subject to such conditions as he may deem fit to impose for the safety of members of the public or for any other reasons, the Director upon application and goods cause being shown thereof may grant a special exemption permit in writing authorizing the applicant to operate on a public road a motor vehicle or combination of motor vehicles otherwise not in conformity either generally or specifically with the provisions of these regulations.

(2) An application for the issue of a special exemption permit shall be made to the Director in writing and shall contain the information specified in the Third Schedule.

(3)    A special exemption permit contemplated in subregulation (1) shall, during the period of validity thereof—

(a)  be carried in or on the vehicle concerned at all times while such vehicle is operated on a public road; and

(b)  be produced for inspection on demand being made by the Director, any authorized officer, or any other person duly authorized by the Director in writing.

126.         Fee for special exemption permit

(1)   The fees specified in the second column of the Fourth Schedule shall be charged in respect of matters pertaining to the application for a special exemption permit set out in the first column of the said Schedule.

(2)   In the case of an application contemplated in regulation 125 for an exemption to regulations 14 to 24 inclusive, the fee to be charged for the issue of a special exemption permit for a motor vehicle or combination of motor vehicle shall be equal to the penalty that would be calculated and imposed on such vehicle or vehicle in terms of regulations 27 and 28:

Provided that any overload exceeding the amount specified by the special exemption permit shall be treated in accordance with these regulations.\

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“FIRST SCHEDULE

PENALTY FOR OVERLOADING PER AXLE (r. 27)

Single axle fitted with two wheels Legal load per axle at 8.0 tonnes

Overload per axle in kgsPenalty per axle in US$Overload per axle in kgsPenalty per axle in

US$100104,100822200204,200856300314,300891400424,400927500534,500964600654,6001,001700774, 7001,04080090, 8001,0799001034,9001,1191,0001175,0001,1601,1001315,1001,2031,2001465,200 1,2461,3001615,3001,2901,4001765,4001,3351,5001925,5001,3811,6002095,6001,4281,7002265,7001, 4771.8002435.8001.5261.9002615.42,3003406,3001,7892,4003616,4001,8452,5003826,5001,9022,600 4056,6001,9612,7004276,7002,02 12,8004516,8002,0812,9004756,9002,1443, 0005007,0002,2073,1005267,1002,2723,2005527,2002,338 3,3005797,3002,4053,4006077,4002,4733,5006357, 5002,5433,6006657,6002,6153,7006957,7002,6883, 8007257,8002,7623,9007577,9002,8374,0007898, 0002,9148,1002,9939,1003,8618,2003,0739,2003,9578.3003.1549.3004.0548.4003.2379 004,4618,8003,5849,8004,5678,9003,6759,9004,6759,0003,76710,0004,78545 MK = 1 USD

Multiple axle combinations fitted with four wheels

Overload per axle in kgsPenalty per axle in US$Overload per axle in kgsPenalty per axle in US$100123, 100800200253,200856300383,300916400523, 400979500663,5001,048600813,6001,122700963, 7001,2028001123,8001,2879001293,9001,3801,0001464,0001,4801,1001654,1001,5891, 2001844,2001.7071.3002034.3001.8341.400002,4691, 8003174,8002,6661,9003434,9002,8802,0003705, 0003,1 152,1003995,1003,3722, 2004305,20 03,6532,3004625,3003,9622,4004965,4004,3012,5005325, 5004,6732,6005705,6005,0822,7006115,700 5,5312,8006545,8006,0262,9006995, 9006,5703,0007486,0007, 1706,1007, 8318,10035,0006,2008,5598, 20035,0006,3009,3638,30035,0006,40010,2498,40035,0006,50011, 2278,50035,0006,60012,3068,60035 ,0006, 70013,4998,70035,0006,80014,8168,80035,0006,90016,2718,90035,0007,00017, 8809,00035,000 7, 10019,6589,10035, 0007,20021,6239,20035,0007,30023,7979,30035,0007,40026,2029,40035,0007,50 0 28,8629,50035,0007,60031,8069,60035,0007,70035,0009, 70035,0007,80035,0009,80035,0007,90035, 0009,90035,0008,00035,00010,00035,00045 MK = 1 USD

Single axle fitted with four wheels

Legal load per axle 10.0 tonnes

Overload per axle in kgsPenalty per axle in US$Overload per axle in kgsPenalty per axle in US$10082, 100228200162, 200242300252,300257400342,400272500432,500287600522, 600303700622, 700319800722, 800335900822,9003521,000923,0003691,1001033,1003871,2001143,2004051,3001263, 3004241.4001373.4004431.5001493002003, 9005442,0002144,0005664,1005887,1001, 5034,2006107,2001,5434,3006337, 3001, 5844,40065 77,4001,6264,5006817,5001,6884,6007057, 6001,7114,7007307,7001,7554,8007567,8001,7994,900782 7, 9001,8455,0008098,0001,8915, 1008368, 1001,9375,2008648,2001,9855,3008928,3002,0335,4009218, 4002,0835,5009508, 5002, 1335,6009808,6002,1835,7001,0108,7002,2355,8001,0418,8002,2885,9001,0 738,9002,3416,0001,1069,0002,3956,1001,1389,1002,4506,2001,1729,2002,5066,3001,2069,3002, 5636 ,4001,2419,4002,6216,5001,2769,5002,6796,6001,3129,6002,7396,7001,3499,7002,7996,8001, 3879,80 02,8606,9001,4259,9002,9237,0001,46410,0002,98645 MK = 1 USD

SECOND SCHEDULE (r. 27)

PENALTY FOR GROSS VEHICLE MASS OVERLOADING

GVM Overload in kgsOverload Penalty in US$GVM Overload in kgsOverload Penalty in US$10041, 1005020091,20055300131,30060400181, 40065500221,50070600271,60075700311,7008080 0361,80085900411,900901,000452,000952, 1001006,8004232, 2001066,9004322,3001117,0004412,400 1167,1004512,5001227,2004602,6001277,3004692,7001337,  4004792,8001397,5004892,9001447,6004 983,0001507,7005083,1001567,8005193,2001627,9005293,3001688, 0005393,4001748, 1005503,50018 08,2005603,6001868,3005713,7001928, 4005823,8001988,5005933,9002058,6006044,0002118,700615 4,1002178,8006274,2002248,9006394,3002319,0006514,4002379,1 006634,5002449,2006754,6002519, 3006874, 7002589,4007004,8002659,5007124,9002729,6007255,0002799,7007385,1002869,8007515,2 002949,9007655,30030110,0007795,40030910,1007925,50031610,2008065,60032410, 3008215,70033210.4008355. 80033910.5008505.900009116,30038011,0009266,40038911,1009426,50039711,2009596, 60040611,3009756,70041411, 40099 211,5001,00916,3002,25411,6001,02616,4002,29211,7001,04416,5002,33111, 8001,06216,6002,37011, 9001,08016,7002,41112,0001,09816,8002,45212,1001,1 1716,9002,49312,2001,13617,0002,53612,3001 ,15517,1002,57912,4001,17517,2002,62312,5001,19517,3002,66812,6001,21517,4002,71412,7001,23517. 5002.76012.8001.25617.6002.8002,95513,2001, 34318,0003,00613,3001,36618,1003,05813,4001,38918,2003,11013,5001,41218,3003, 16413,6001,43618,4003,21913,7001, 46018,5003,27513, 8001,48418,6003,33113,9001,50918,7003,38914, 0001,53518,8003,44814,1001,56018, 9003,50814,2001,58719,0003,56914,3001, 61319,1003,63214,40 01,64019,2003,69514,5001,66819,5319,6003, 96114,9001,78319,7004,03115,0001,81319,8004,10215,1001, 84319,9004,17415,2001,87420,0004,24815,3001,90620,1004,32315,4001,93820, 2004,39915,5001,97120,3004,47715,6002,00420,400 4,55715,7002,03820, 5004,63815,8002,07220,6004,72015, 9002,10720,7004,80416,0002,14320,8004,89 016,1002,17920,9004,97816,2002,21621, 0005,06721,1005, 15725,60011,73721,2005,25025,70011,9592 1,3005,34425,80012,18621,4005,44025,90012,41721,5005,53826,00012,65321,6005,63826,10012,8942 1,7005,74026,20013,13921,8005,84326,30013,39021,9005,94926,40013,64622,0006,05726,50013,9062 2,1006, 16726,60014,17222,2006,27926,70014,44422,3006, 39326,80014,72022,4006,51026,90015,0032 2,5006, 62827,00015,29122,6006,74927,10015,58522,7006,87327,20015,88422,8006,99927,30016,1902 2,9007,12727,40016,50223,0007,25827,50016,82123,1007,39127,60017,14523,2007,52727,70017,4772 3,3007,66627,80017,81523,4007,80727,90018,16023,5007,95228,00018,51223,6008,09928,10018,8712 3,7008,24928,20019,23723,8008,40128,30019,61123,9008,55728,40019,99224,0008,71628,50020,3812 4,1008,87928,60020,77824,2009,04428,70021,18324,3009,21328,80021,59624,4009,38528,90022,0182 4,5009,56029,00022,44824,6009,73929,10022,88724,7009,92129,20023,33524,80010,10829,30023,792 24,90010,29729,40024,25925,00010,49129,50024,73525,10010,68829,60025,22025,20010,89029,7002 5,71625,30011,09529,80026,22225,40011,30529,90026,73725,50011,51930,00027,26445 MK = 1 USD

THIRD SCHEDULE (r. 125)

APPLICATION FOR EXEMPTION FROM REGULATIONS

1. An application for an exemption from any regulation shall contain the following basic information—

(a)           full name and address of applicant;

(b)           full description of vehicle in respect of which exemption is requested;

(c)            period for which exemption is requested; and

(d)           the specific regulations from which exemption is requested.

2. An application for exemption from regulations 14 to 24 inclusive shall also contain a complete description of the cargo including dimensions and weight.

 

THE 1926 AND 1949 CONVENTION COUNTRIES

 

 

 

One at least of the braking devices shall be capable of acting on braking surfaces directly attached to the wheels of the vehicle or attached through parts not liable to failure.

(b) Braking of trailers:

Every trailer having a permissible maximum weight exceeding 750 kilos (1,650 lb) shall be equipped with at least one braking device acting on wheels placed symmetrically on each side of the longitudinal axis of the vehicle and acting on at last half the number of wheels.

The provisions of the proceeding paragraph shall not be required, however, in respect of trailers if the permissible maximum weight does not exceed 750 kilos (1,650 lb.) but exceeds one-half of the unladen weight of the drawing vehicles.

The braking device of trailers with a permissible maximum weight exceeding 3,500 kilos (7,700 lb.) shall be capable of being operated by applying the service brake from the drawing vehicle. When the permissible maximum weight of the trailer does not exceed 3,500 kilos (7,700 lb.) its braking device may be brought into action merely by the trailer moving upon the drawing vehicle (overrun braking).

The braking device of the trailer shall be capable of preventing the rotation of the wheels when the trailer is uncoupled.

Any trailer equipped with a brake shall be fitted with a device capable of automatically stopping the trailer if it becomes detached whilst in motion. This provision shall not apply to two-wheeled camping trailers or light luggage trailers whose weight exceeds 750 kilos (1,650 lb.) provided that they are equipped in addition to the main attachment with a secondary attachment which may be a chain or wire rope.

(c) Braking of articulated vehicles and combinations of motor vehicles and trailers—

(i) Articulated vehicles

Paragraph (a) of this Part shall apply to every articulated vehicle. A semi-trailer having a permissible maximum weight exceeding 750 kilos (1,650 lb.) shall be equipped with at least one braking device capable of being operated by applying the service brake from the drawing vehicle.

The braking device of the semi-trailer shall, in addition, be capable of preventing the rotation of the wheels when the semi-trailer is uncoupled.

When required by domestic regulations a semi-trailer equipped with a brake shall be fitted with a device capable of stopping automatically the semi-trailer if it becomes detached whilst in motion.

(ii) Combinations of motor vehicles and trailers

Every combination of a motor vehicle and one or more trailers shall be equipped with brakes capable of controlling the movement of and of stopping the combination in an efficient, safe and rapid way under any conditions of loading on any up or down gradient on which it is operated.

(d) Braking of motorcycle with or without side-cars Every motorcycle shall be equipped with two braking devices which may be operated by hand or foot, capable of controlling the movement of and of stopping the motorcycle in an efficient, safe and rapid way.

(II)           Lighting—

(a)  Every motor vehicle other than a motorcycle with or without side-car and capable of exceeding 20 km (12 miles) per hour on the level shall be equipped with at least two white or yellow driving lights fitted in front capable of adequately illuminating the road for a distance of 100 m (325 feet) in front of the vehicle at night-time in clear weather.

(b) Every motor vehicle other than a motorcycle with or without side-car and capable of exceeding 20 km (12 miles) per hour on the level shall be equipped with two white or yellow passing lights fitted at the front of the vehicle and capable when necessary of adequately illuminating the road at night in clear weather in front of the vehicle for a distance of 30 m (100 feet) without causing glare or dazzle to other road users whatever the direction of the traffic may be.

Passing lights shall be used instead of driving lights in all cases when the use of lights causing no dazzle or glare is necessary or compulsory.

(c) Every motorcycle with or without side-car shall have at least one driving light and one passing light conforming to paragraphs (a) and (b) of this Part. However, motorcycles with an engine of a maximum cylinder capacity of 50 cm (3.05 cu. in.) may be excluded from this obligation.

(d) Every motor vehicle other than a motorcycle without a side-car shall be equipped with two white position (side) lights at the front. These lights shall be clearly visible at night­time in clear weather at a distance of 150 m (500 feet) from the front of the vehicle without causing any glare or dazzle to other road users.

The part of the illuminating surface of these lights furthest from the longitudinal axis of the vehicle shall be as near as possible to and in no case further than 400 mm (16 in.) from the extreme outer edges of the vehicle.

Position (side) lights shall be shown at night-time in all cases when the use of such lights is compulsory and at the time as the passing lights if no part of the illuminating surface of the lamps of the passing lights is within 400 mm (16 in) of the extreme outer edges of the vehicle.

(e) Every motor vehicle and every trailer at the end of a motor vehicle or a trailer shall be equipped at the rear with at least one red light visible at night-time in clear weather at a distance of 150 m (500 feet) from the rear.

(f) The registration number displayed at the rear of a motor vehicle or a trailer shall be capable of illuminating at night-time in such a manner that it can be read in clear weather at a distance of 20 m (65 feet) from the rear of the vehicle.

(g) The read light or lights and the light for the rear registration number shall be shown at the same time as any of the following position (side) lights, passing lights or driving lights.

(h) Every motor vehicle other than a motorcycle without a side-car shall be equipped with two red reflex reflectors, preferably of other than triangular form, fitted symmetrically at the rear and on opposite sides of the vehicles. The outer edge of each of these reflectors must be as near as possible to and in no case further than 400 m (16 in.) from the outer edges of the vehicle. These reflectors may be incorporated in the rear red lamps of these lamps comply with the above requirements. These reflectors shall be visible at night-time in clear weather from a distance of at least 100 m (325 feet) when illuminated by means of two driving lights.

(i) Every motor vehicle without side-car shall be equipped with a red reflex reflector preferably of other than triangular form, fitted at the rear of the vehicle, either incorporated in, or separate from, the rear lamp and shall comply with the conditions of visibility mentioned under paragraph (h) of this Part.

(j) Every trailer and every articulated vehicle shall be equipped with two red reflex reflectors, preferably triangular in shape, fitted symmetrically at the rear and on opposite sides of the vehicle. These reflectors shall be visible at night-time in clear weather from a distance of at least 100 m (325 feet) when illuminated by means of two driving lights.

(k) With the exception of motorcycle, every motor vehicle and every trailer at the end of a combination of vehicles shall be equipped with at least one stop-light at the rear, showing a red or amber light. This light shall be actuated upon application of the service brake of the motor vehicle. If the stoplight is red in colour and is either incorporated in or associated with the rear red light, its intensity shall be greater than that of the rear light. The stoplight shall not be required on trailers and semi-trailers when their dimensions are such that the stoplight of the drawing vehicle remains visible from the rear.

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

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

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

(iii) 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 orange towards the rear.

(m) No lights, with the exception of direction indicators, shall be flashing or blinking lights.

(n) If a vehicle is equipped with several lights of the same kind, they shall be of the same colour and, except in the case of motorcycles with side-cars two of these lights shall be placed symmetrically to the longitudinal axis of the vehicle.

(o) Several lights may be incorporated by the same lighting device provided each of these lights complies with the appropriate provision of this Part.

(III)        Other Conditions—

(a) Steering Apparatus:

Every motor vehicle shall be equipped with at least steering apparatus which will allow the vehicle to be turned easily, quickly and with certainty.

(b) Driving Mirror:

Every motor vehicle shall be equipped with at least one driving mirror of adequate dimensions, so placed as to enable the driver to view from his seat the road to the rear of the vehicle.

However, this provision shall not be compulsory for motorcycles with or without side-car.

(c) Warning Devices:

Every motor vehicle shall be equipped with at least one audible warning device of sufficient strength which shall not be a bell, gong, siren or other strident-toned device.

(d) Windscreen Wiper:Every motor vehicle fitted with a wind screen shall have at least one efficient wind screen wiper functioning without requiring constant control by the driver.

However, this provision shall not be compulsory for motorcycles with or without side-cars.

(e) Windscreen:

Windscreen shall be made of a stable substance, transparent and not likely to produce sharp splinters if broken. The objects seen through this substance shall not appear distorted.

(f) Reversing Device:

Every motor vehicle shall be equipped with a reversing device controlled from the driver's seat if the weight of the motor vehicle when empty exceeds 400 kilos (900 lb.).

(g) Exhaust Silencer:

Every motor vehicle shall have an exhaust silencer in constant operation to prevent excessive or unusual noise, the working of which cannot be interrupted by the driver while on the road.

(h) Tyres:

The wheels of motor vehicles and their trailers shall be fitted with pneumatic tyres, or with some other tyres of equivalent elasticity.

(i) Device to prevent a vehicle from running down a gradient.
When traveling in a mountainous region of a country where it is required by domestic regulations, any motor vehicle of which the permissible maximum weight exceeds 3,500 kilos (7,700 lbs.), shall carry a device such as a scotch or clod which can prevent the vehicle from running backwards or forwards.

(j) General provisions—

(i) in so far as possible the machinery or accessory equipment of any motor vehicle shall not entail a risk of fire or explosion, nor cause the emission of noxious gases or offensive odours or produce disturbing noises, nor be a source of danger in case of collision;

(ii) every motor vehicle shall be so constructed that the driver shall be able to see ahead, to the right and to the left, clearly enough to enable him to drive safely; and

(iii) The provisions relating to braking and lighting shall not apply to invalid carriages which comply with the domestic regulations in the country of registration as regards brakes.

Lights and reflectors. For the purpose of this paragraph "invalid carriage” shall mean a motor vehicle whose unladen weight does not exceed 300 kilos (700 lb.), whose speed does not exceed 30 km (19 miles) per hour, and which is specially designed and constructed (and not merely adapted) for the use of a person suffering from some physical defect or disability and it is normally used by such person.

(IV)        Combination of vehicles—

(a) A "combination of vehicles” may be composed of a drawing vehicle and one or two trailers. An articulated vehicle may draw a trailer, but if such articulated vehicle is used for the carriage of passengers the trailer shall have not more than one axle and shall not carry passengers.

(b)  Any contracting State may, however, indicate that it will only permit that one trailer be drawn by a vehicle and that it will not permit an articulated vehicle to draw a trailer. It may also indicate that it will not permit articulated vehicles for the transport of passengers.

For the purpose of this Schedule—

"articulated vehicle” means a motor vehicle with a trailer having no front axle and so attached that part of the trailer is superimposed upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle. Such a trailer shall be called a "semi-trailer”.

 

 

 

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