ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE) REGULATIONS 

ARRANGEMENT OF REGULATIONS

REGULATION

PART I

PRELIMINARY

1.       Citation

2.       Interpretation

PART II

DIMENSION OF VEHICLES

3.       Overall length of vehicle

4.       Restriction on combination of motor vehicles

5.       Overall width of vehicle

6.       Overall height of vehicle and load

7.       Turning radius and wheelbase

8.       Overhang of vehicle

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

PART III

LOADS ON VEHICLES

10.        Manner in which children are to be counted for the purpose of these regulations

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

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

13.       Permissible maximum axle massload of a motor vehicle

14.       Permissible maximum axle unit massload of a motor vehicle

15.       Permissible maximum vehicle mass

16.       Permissible maximum combination mass

17.       Load on tyres

18.       Gross mass limits in respect of motor vehicles not to be exceeded

19.       Massload carrying capacity of the road

20.       Massload carrying capacity of the bridges

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

22.       Axle massloads of vehicles fitted with tyres other than pneumatic tyres

23.       Contravention of motor vehicle mass limits

24.       Calculation of overload

25.       Calculation of penalties

26.       Imposition of penalties and procedures

27.       Weighing of vehicles

28.       Weighing procedures

29.       Authority of certain officers

30.       Appeals to the minister

31.       Information to be displayed on certain motor vehicles

32.       Information plates on certain vehicles

33.       Manner in which goods shall be carried

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

PART IV     

EQUIPMENT ON OR IN RESPECT OF VEHICLES

35.       Brakes on certain motor vehicles

36.       Brakes on motorcycle, motor tricycle or motor quadrucycle

37.       Brakes on trailers

38.       Brakes on pedal cycles

39.       Brakes on unspecified vehicles

40.       Braking performance of service, emergency and parking brakes

41.       Conditions and operation of brakes

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

43.       Visibility distance of lights

44.       Head lamps

45.       Main-beam

46.       Dipped beam

47.       Lights to be displayed on stationery or parked motor vehicle

48.       Fog lamps

49.       Parking lamps

50.       When parking lamps are to be kept lighted

51.       Front position lamps

52.       End-outline-maker lamps

53.       Real lamps

54.       Stop lamp

55.       Registration-plate lamps

56.       Side-maker lamps

57.       Interior lamps

58.       Lamp illuminating a notice on motor vehicle

59.       Decorating lamps

60.       Reversing lamp

61.       Inspection lamps

62.         Identification lamps

63.         Use of spot lamp

64.         Lamps on pedal cycle

65.         Lamps on animal drawn vehicles

66.         Lamps on unspecified vehicles

67.         Colour of lights

68.         Lamps, with exception to emit diffused lights

69.         Lamps to emit steady light

70.         Manner in which lamps are to be fitted and maintained

71.         Lamps not prescribed or authorized, prohibited

72.         White retro-reflectors to be fitted on front of certain vehicles

72A.      Standard ECE 104 retro-reflective materials to be fitted on vehicles

73.         Red retro-reflectors to be fitted on rear of certain vehicles

74.         Yellow retro-reflector to be fitted on sides of certain motor vehicles

75.         General requirements for retro-reflectors

76.         Rear retro-reflectors on vehicles with certain   bodies

77.         Warning sign on rear of certain motor vehicles (chevrons)

78.         Unlawful use of reflector or reflective material

79.         Motor vehicle to be equipped with direction indicators

80.         Direction indicators of flasher type

81.         Direction indicators of illuminated window type

82.         Combination of different types of direction indicators

83.         Direction indicators on motor vehicles with an overall length in excess of 7.6 metres

84.         General requirements for direction indicators

85.         Prohibition against use of direction indicator not complying with the provisions of these regulations

86.         Steering gear

87.         Warning devices

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

89.         Windscreen wiper and  washer

90.         Driver's view to be unobstructed

91.         Fuel tank, electrical wiring and battery

92.         Engine of motor vehicle to be covered

93.         Compulsory wearing of protective helmet in respect of motorcycle

94.         Manner in which side-car to be attached to motorcycle

95.         Exhaust silencers and exhaust pipes

96.         Entrances and exits

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

98.            Tyres

99.            Certain motor vehicles to be fitted with safety belts

100.            Emergency warning sign (Triangle)

101.           Speedometer
 
102.           Motorcycle crash bars
 
103.           Wings
 
104.           Towing of vehicles
 
 
 
107.           Mobile telephones
 
PART V
 
EQUIPMENT OF OR IN RESPECT OF PUBLIC SERVICE VEHICLES
 
 
109.            Sides and roof
 
 
 
112.            Stairs
 
113.            Passageways
 
114.            Seats
 
 
116.            Windows and windscreen
 
117.            Fuel receptacles and pipes
 
118.            Fire-Extinguisher
 
119.            Rearview mirrors
 
120.            Tilt angle
 
121.            Standing persons
 
122.            Destination indicator
 
123.            Special exemption permit
 
124.            Fee for special exemption permit
 
Schedules

 

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—

(a)    if—       

           (i)      the gross vehicle mass;

           (ii)            any gross axle massload; or

           (iii)           any gross axle unit massload,

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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58.         Side-marker lamps

(1) A motor vehicle or combination of motor vehicles may, but a breakdown vehicle shall, be fitted with side-marker lamps along each side which, when in operation, shall emit a diffused yellow light:

Provided that the side-marker lamp furthest forward on the motor vehicle, combination of motor vehicles or breakdown vehicle, when in operation, may emit a diffused white or amber light:

Provided further that the rearmost side-marker lamp on a motor vehicle or combination of motor vehicles or breakdown vehicle, when in operation, may emit a diffused red or amber light.

(2)      Such side-marker lamps shall be so placed that—

(a) there is a lamp within 400 millimetres of each end of the body of each vehicle;

(b)  the distance between successive lamps on any motor vehicle or combination of motor vehicles is not more than 3,600 millimetres;

(c)  they are not less than 300 millimetres from the ground; and

(d)  they face directly outward from the side to which they are fitted in a direction at right angles to the longitudinal center-line of the vehicle to which they are fitted.

59.         Interior lamps

A lamp emitting a diffused light may be provided on any motor vehicle for the purpose of illuminating the interior, including the instrument panel thereof, or any entrance thereto.

 

(1)      A lamp illuminating a notice relating to—

(a)           the destination of a motor vehicle as contemplated in regulation 125; or

(b)           the availability of a taxi for hire, shall be fitted to any such motor vehicle or tax as the case may be.

(2)  A lamp illuminating a notice or token indicating the use of a motor vehicle as an ambulance, fire-fighting, police, traffic-control vehicle or such other uses as may be approved by the Director, may be fitted to such vehicle.

60. Lamp illuminating a notice on motor vehicle
 
(1)       A lamp illuminating a notice relating to—
 
(a)   the destination of a motor vehicle as contemplated in regulation 125; or
 
(b)   the availability of a taxi for hire, shall be fitted to any such motor vehicle or tax as the case may be.
 
(2)  A lamp illuminating a notice or token indicating the use of a motor vehicle as an ambulance, fire-fighting, police, traffic-control vehicle or such other uses as may be approved by the Director, may be fitted to such vehicle.

61.         Decorating lamps

A lamp, other than a spot lamp and approved by the Director, may be fitted to a motor vehicle taking part in a procession for the purpose of decorating it.

62.         Reversing lamp

(1)     A motor vehicle may be fitted with a reversing lamp emitting a white light, which illuminates the road to the rear of or under the vehicle.

(2)     Such a lamp shall be under the direct control of the driver and shall be either so fitted as to operate only when the motor vehicle is placed in reverse gear or be connected with a device by which the driver shall be made aware that the lamp is in operation.

(3)     Not more than two such lamps shall be fitted to a vehicle and no light shall be emitted therefrom except when the vehicle is reversing or about to reverse.

63.         Inspection lamps

An inspection lamp may be carried on or fitted to a vehicle, but shall only emit a light when actually in use for the purpose of carrying out repairs or inspections.

64.         Identification lamps

(1) A motor vehicle, the gross vehicle mass of which exceeds 3,500 kilograms, and which is not a motor vehicle referred to in subregulations (2), (3), (4) or (5), may be fitted above the windscreen with two or more identification lamps and each such lamp shall—

(a)           not exceed a capacity of 21 watts;

(b)           be visible from directly in front of the motor vehicle to which it is fitted; and

(c)            in the case of a bus or a goods vehicle emit a green light.

 

(2) An ambulance, fire-fighting or rescue vehicle may be fitted with a lamp or lamps emitting an intermittently-flashing red light in any direction.

(3) A police or traffic-control vehicle may be fitted with a lamp or lamps emitting an intermittently-flashing blue light in any direction and which may, at the will of the driver, display the word "stop”.

(4)  A motor vehicle which is a vehicle employed in connexion with the maintenance of public roads or the supply of electricity or other essential services, may, but a breakdown vehicle shall, be fitted with a lamp or lamps capable of emitting an intermittently flashing amber light in any direction:

Provided that such light shall only be used at the place where the breakdown occurred, where the maintenance or other work or an inspection is being carried out or when such breakdown vehicle is towing a motor vehicle or if a condition imposed by the Director requires such amber light.

(5) A motor vehicle used by a medical practitioner and approved by the Director may be fitted above the windscreen with one lamp emitting an intermittently-flashing red light in any direction:

Provided that such light may only be used by such medical practitioner in the bona fide exercise of his profession.

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65.         Use of spot lamp

No person shall operate on a public road a motor vehicle if it is fitted with a spot lamp, which can be so adjusted as to enable a beam of light emitted therefrom to be deflected in any direction:

Provided that a spot lamp which is adjustable—

(a) may be fitted and used for official purposes on any ambulance, rescue, fire-fighting, police or traffic-control vehicle;

(b) may be fitted to a vehicle owned by a medical practitioner or veterinarian; or

(c)  may be fitted to a breakdown vehicle or a vehicle employed in connexion with the supply of electricity or other essential services:

Provided that it is used solely at the scene of an accident or breakdown or for the examination of overhead telephone, telegraph or power lines.

66.         Lamps on pedal cycle

(1)    No person shall operate on a public road a pedal cycle during the period contemplated in regulation 44 (1) (b) unless it is fitted in front with a lamp emitting a white light, the intense part of the beam of which shall, when such pedal cycle is on a reasonably level road, strike the surface ahead of such pedal cycle at a distance of not less than three metres and not more than 30 metres.

(2)     A pedal cycle may be fitted with one or more lamps emitting a red light directly to the rear.

 

No person shall operate on a public road an animal drawn vehicle during the period contemplated in regulation 44 (1) (b) unless it is fitted in front, on both sides of the body thereof, with lamps emitting a white light forward, and at the rear on both sides of the body thereof with lamps emitting a red light to the rear:

Provided that in the case of a vehicle drawn by animals not controlled by reins, there shall be a person leading the animals carrying a lamp emitting a white light forward at the head of the foremost animal, in lieu of the lamps aforesaid.

67. Lamps on animal drawn vehicle
 
No person shall operate on a public road an animal drawn vehicle during the period contemplated in regulation 44 (1) (b) unless it is fitted in front, on both sides of the body thereof, with lamps emitting a white light forward, and at the rear on both sides of the body thereof with lamps emitting a red light to the rear:
 
Provided that in the case of a vehicle drawn by animals not controlled by reins, there shall be a person leading the animals carrying a lamp emitting a white light forward at the head of the foremost animal, in lieu of the lamps aforesaid.

68.                Lamps on unspecified vehicle

(1)   No person shall operate on a public road a vehicle which is not elsewhere provided for in regulations 44 to 73, and at a time contemplated in regulation 44 (1) (b)—

(a) unless it is fitted in front, on both sides of the body thereof, with lamps emitting a white light forward; and

(b) unless it is fitted at the rear on the extreme right sides of the body thereof, with a lamp emitting a red light to the rear.

(2) A lamp contemplated in subregulation (1) (a) shall emit a beam of light of sufficient power to illuminate the roadway immediately ahead of such vehicle but shall not be of power or design or so fitted as to dazzle other persons using the public road.

69.                Colour of lights

(1)   Subject to the provisions of regulations 57 (1), 62 or 64, no person shall operate on a public road a motor vehicle which is fitted with or carries on it a lamp which—

(a) except in the case of a brake anti-lock warning light to the front of a trailer, emits a light which is not white, amber or yellow in colour towards the front;

(b) emits a light which is not yellow or amber in colour towards either side of the motor vehicle; or

(c) except in the case of a direction indicator or reversing lamp complying with the provisions of these regulations, emits a light which is not red in colour towards the rear.

(2)  When two or more lamps of the same class emitting light in the same direction are fitted to a vehicle, they shall emit light of the same colour.
 

70.               Lamps, with exception to emit diffused lights

Every lamp fitted to a vehicle, other than the head lamps of a motor vehicle, the front lamp of a pedal cycle, spot lamp, inspection lamp and fog lamp, shall emit diffused light when in operation on a public road.
 

71.         Lamps to emit steady light

Except where otherwise provided, a lamp fitted to or used in connexion with any vehicle shall emit a steady light when in operation.
 

72.         Manner in which lamps are to be fitted and maintained

(1)   The head lamps of a motor vehicle shall be fitted at a height of not less than 450 millimetres and not more than 1,400 millimetres above ground level, measured to the centre of the lamp.

(2) The head lamps and fog lamps of a motor vehicle shall, unless the design of the lamps incorporate some other means of preventing dazzle, not be fitted with lenses of clear glass or other like material.

(3)      When two or more of the same lamps are fitted to a vehicle they shall—

(a) be placed symmetrically in relation to the longitudinal centre-line of the vehicle; and

(b) except in the case of side-marker lamps and direction-indicator lamps, be so placed that any lamp on the side of the vehicle concerned shall have a corresponding lamp at the same height on the other side of such vehicle.

(4)      Every lamp required to be fitted to a vehicle shall be securely fixed.

(5) The lens and reflector of every lamp required to be fitted to or used in connexion with any vehicle shall be maintained in an effective and reasonably clean condition.

(6)  No lamp required to be fitted to or displayed in connexion with a vehicle shall be totally or partially obscured by any fitting or object on the vehicle.

73.                Lamps not prescribed or authorized, prohibited

No lamp other than a lamp prescribed or authorized in terms of these Regulations shall at any time be fitted to any vehicle operated on a public road.

74.         White retro-reflectors to be fitted on front of certain vehicles

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

(a)           a motor tricycle;

(b)           a motor quadrucycle;

(c)               a construction vehicle;

(d)           a farm implement;

(e)           a trailer;

(f)            any other motor vehicle with a gross vehicle weight of less than 3,500 kilograms; or

(g)           an animal-drawn vehicle,

unless there are fitted on the front of such vehicle at the same height two white retro-reflectors, one on each side of the longitudinal centre-line thereof and equidistant therefrom and each such retro-reflector shall be so placed that the portion of its reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 400 millimetres from the outer edge of the widest portion of the vehicle and otherwise complying with the provisions of these regulations:

Provided that where by reason of the structure of any vehicle a retro-reflector cannot be placed in accordance with the foregoing provisions of this subregulation, such retro-reflector shall be placed as near as possible to the outer edge concerned.

(2)    No person shall operate on a public road a motor vehicle with a gross vehicle weight of 3,500 kilograms, excluding a construction vehicle or a farm implement unless such motor vehicle is fitted at the front with a white retro-reflector comprising a continuous strip of white reflective material not less than 50 millimetres wide facing in a forward direction and extending horizontally for such distance as is necessary to indicate the overall width of such vehicle to within 400 millimetres on either side thereof.

(3)    No person shall operate a pedal cycle on a public road unless there is fitted on the front of such cycle a white retro-reflector complying with the provisions of regulations 77 and 80.

74A.              Standard ECE 104 retro-reflective materials to be fitted on vehicles

No person shall operate on a public road any vehicle of Gross Vehicle Mass (GVM) 3,500 kg and above unless that vehicle is fitted on the rear and both sides with retro-reflective materials of standard ECE 104. G.N. 38/2004

75.         Red retro-reflector to be fitted on rear of certain vehicles

(1)     No person shall operate—

(a)           a motor vehicle other than a motorcycle without car or motor tricycle with one wheel at the rear; or

(b)           an animal-drawn vehicle,

on a public road unless there are fitted on the rear of such vehicle at the same height two red retro- reflectors, one on each side of the longitudinal centre-line thereof and equidistant therefrom and otherwise complying with the provisions of these regulations:

Provided that in the case of a combination of motor vehicles, both the drawing vehicle and the rearmost vehicle shall be fitted with such retro-reflectors.

(2)    Each retro-reflector referred to in subregulation (1) shall be so place that the portion of its reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 400 millimetres from the outer edge of the widest portion of the vehicle:

Provided that where by reason of the structure of any vehicle a retro-reflector cannot be placed in accordance with the foregoing provisions of this subregulation, such retro-reflector shall be placed as near as possible to the outer edge concerned.

(3) No person shall operate any motorcycle without side-car or motor tricycle with one wheel at the rear on a public road unless there is fitted on the rear of such vehicle a red retro-reflector complying with the provisions of these regulations.

(4) No person shall operate a pedal cycle on a public road unless there is fitted on the rear of such cycle a red retro-reflector complying with the provisions of regulations 77 and 80.

76.        Yellow retro-reflector to be fitted on sides of certain vehicles

No person shall operate on a public road a motor vehicle or a combination of motor vehicles other than a tractor or construction vehicle if the overall length of such vehicle or motor combination of vehicles exceeds seven metres unless there are fitted on each side of such vehicle or on each side of every motor vehicle in such combination of vehicles, as the case may be—

(a) one yellow retro-reflector—

(i)            within 3,000 millimetres of the front of such vehicle or combination of vehicles;

(ii)           within 1,000 millimetres of the back of such vehicle or combination of vehicles;

and

(iii)  in the case of a combination of motor vehicles of which a trailer, other than a semi-trailer, forms a part, within 3,000 millimetres of the front of the trailer; and

(b) so many additional yellow retro-reflectors as may be necessary to ensure that no two successive yellow retro-reflectors on any side are more than 3,600 millimetres apart, complying with the provisions of regulations 77 and 80:

Provided that—

(i)  yellow retro-reflector need not be fitted to a bus or minibus, including such a bus or minibus which forms part of a combination of motor vehicles;

(ii)   in the case of a combination of motor vehicles where the drawing vehicle is a motor car, yellow retro-reflectors need not be fitted to the drawing vehicle; and

(iii)in the case of a combination of motor vehicles where the drawing vehicle is a motor car, or bus, the front of such combination shall, subject to the provisions of paragraph (i), be deemed to be the front of the vehicle immediately following such drawing vehicle.

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77.         General requirements for retro-reflector

Every retro-reflector required to be fitted to a vehicle or load in terms of these regulations shall—

(a)  not be lower than 300 millimetres and not higher than 1,200 millimetres from ground level, measured to the centre of the retro-reflector:

Provided that if, owing to the structure of the vehicle, it is impossible to fit retro-reflectors on the sides of the body of such vehicle as the prescribed height, the retro-reflectors shall be fitted as near as possible to such height;

(b)           if it is a—

(i)             white retro-reflector, be in a vertical position and face squarely to the front;

(ii)           red retro-reflector, be in a vertical position and face squarely to the back; and

(iii)         yellow retro-reflector, be in a vertical position and face squarely to the side;

(c)           be clean and in good condition and not be obscured to the extent that it will be rendered ineffective; and

(d)           not be fitted to any movable part of the vehicle:

Provided that this provision shall not apply to a warning sign contemplated in regulation 79 (2) (a) (ii) (aa) and (bb).

78.         Rear retro-reflectors on vehicle with certain bodies

If it is impossible to fit retro-reflectors on the body of a vehicle to comply with the requirements of both regulations 75 (2) and 77 (a), two red retro-reflectors shall be fitted to the rear of such vehicle in the manner contemplated in regulation 75 (2) as low as possible on the body of such vehicle and two additional red retro-reflectors shall be fitted on the rear of the vehicle on the under frame thereof at the height contemplated in regulation 77 (a) as far apart as such under frame will permit.

79.         Warning signs on rear of certain vehicles (chevrons)

(1) For the purpose of this regulation "reflective sign on material” means reflective material which under all circumstances is capable of reflecting light.

(2) No person shall operate on a public road, subject to subregulation (3), a goods vehicle unless there is fitted at the rear of such vehicle—

(a) a warning sign consisting of alternate diagonal strips of red reflective material and yellow non-reflective material in the form of a chevron pattern, which—

(i)  warning sign shall have a vertical dimension of not less than 200 millimetres or more than 460 millimetres;

(ii)  strips of red reflective material shall have a width of not less than 50 millimetres and not more than 75 millimetres;

(iii)  strips of yellow non-reflective material shall have a width of not less than 100 millimetres and not more than 130 millimetres as illustrated in Diagram A hereunder; and

(b) a warning sign consisting of as many retro-reflectors as may be necessary to comply with subregulation (3) in the pattern and in accordance with the dimensions as illustrated in Diagram B hereunder or in an inversion of such pattern and such sign may include the retro-reflectors contemplated in regulation 75.

(3)    A goods vehicle having a gross vehicle mass of less than 3,500 kilograms shall be fitted at the rear of such vehicle with either a warning device of the type contemplated in subregulation (2) or a red reflex reflector comprising a continuous strip of red reflective material not less than 50 millimetres wide extending horizontally for such distance as is necessary to indicate the overall width of such vehicle to within 400 millimetres on either side thereof. Such reflex reflector shall be maintained in a reasonably clean condition and shall be so placed that the lower edge thereof is not less than 300 millimetres and the upper edge not more than 1,500 millimetres above ground level:

Provided that if the structure of the vehicle is such that it is not possible to comply with this subparagraph, red reflective material shall be so fitted as to comply therewith as far as reasonably possible.

(4)    Every warning sign required to be displayed on a goods vehicle in terms of subregulation (2)

shall—

(a)  be in an upright position or within 15 degrees of such position and face squarely to the

rear;

(b) be so placed that the lower edge thereof is not less than 600 millimetres and the upper edge not more than 1,500 millimetres above ground level:

Provided that if, owing to the structure of the vehicle, it is impossible to fit the warning sign at the prescribed height, it shall be fitted as near as possible to such height;

(c)  extend horizontally for such distance as is necessary to indicate the overall width of the vehicle to which it is fitted to within 400 millimetres of either side:

 

(d) be clean and in good condition and not be obscured to the extent that it will be rendered ineffective.

80.                Unlawful use of reflector or reflective material

(1)   No person shall operate on a public road a motor vehicle whilst a reflector or reflective material fitted to such vehicle does not reflect—

(a)         a white colour to the front of such motor vehicle;

(b)         a red colour to the rear of such motor vehicle; and

(c)           a yellow colour to the side of such motor vehicle.

(2)      The provisions of subregulation (1) shall not apply to—

(a)  an ambulance, rescue vehicle, police vehicle, a vehicle driven by a traffic officer in the execution of his duties and a fire-fighting vehicle;

(b)         a registration plate referred to in regulation 20 of the Registration and Licensing Regulations; and

(c)           a warning sign referred to in regulation 79:

Provided that, the pedals or pedal arms of a pedal cycle may be equipped with yellow retro- reflectors.

81.                Motor vehicle to be equipped with direction indicators

(1) No person shall operate on a public road any motor vehicle not being a tractor, construction vehicle or a trailer, unless it is equipped on both sides with direction Indicators of one of types referred to in regulation 82 or 83 and otherwise complying with the provisions thereof:

Provided that where a motor vehicle forms part of a combination of motor vehicles and a direction indicator with which such motor vehicle is required to be equipped is obscured by any trailer forming part of such combination, the trailer shall, subject to the provisions of regulation 85 be deemed to be part of such motor vehicle.

(2)      The provisions of subregulation (1) shall not apply to—

(a)  a motorcycle which, according to the registration certificate thereof, was registered for the first time before 1st April, 1979; or

(b) any motor vehicle which, according to the registration certificate thereof, was first registered before 1955.

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82.               Direction indicators of flasher type

Direction indicators of the flasher type shall comply with the following requirements—

(a)  each indicator shall incorporate a lamp or lamps;

(b)  when in use such lamp shall show an intermittently-flashing light of such intensity that it is clearly visible in normal daylight at a distance of not less than 30 metres to a person of normal eye­sight;

(c)   the indicators shall be equidistant from the longitudinal centre-line of the motor vehicle and as near as possible to, but not more than 500 millimetres from, the outer edge of the front or rear of the motor vehicle;

(d)  subject to the provisions of paragraph (e), the indicators shall be so mounted that they are visible from the—

(i)  rear, anywhere within an angle of 15 degrees inside and 45 degrees outside; and

(ii)  front, anywhere within an angle of 45 degrees outside, of a line which is parallel to the longitudinal centre-line of the vehicle and which passes through the centre of the illuminated area of the indicator;

(e) where it is not possible to comply with the provisions of paragraph (d) in the case of a single indicator on any one side, one indicator shall be mounted towards the front and one towards the rear so that one shall be visible from the front and the other from the rear of the vehicle to which it is fitted within the limits prescribed by that paragraph;

(f) where any indicator is combined with or mounted within 150 millimetres of any lamp, the intensity of the light emitted from the indicator shall be greater than that from such lamp; and

(g)  the indicator lamps when in use shall emit white, yellow, amber or red light to the rear and any one indicator may emit light towards the front and the rear simultaneously or emit light only to the front or only to the rear according to its position on the vehicle.

83.         Direction indicators of illuminated window type

Direction indicators of the illuminated window type shall comply with the following requirements—

(a)  each indicator shall incorporate a lamp which, when in window type operation, shall emit a red, yellow or amber light to the rear and of such intensity that it is clearly visible in normal daylight at a distance of not less than 30 metres to a person of normal eye-sight;

(b)   the indicator shall be at least 150 millimetres long, 25 millimetres wide and arrow­shaped; and

 

84.         Combination of different types of direction indicators

Notwithstanding anything contained in these regulations the fitting of two direction indicators of one of the types referred to in the preceding regulations on the front half of a vehicle and two direction indicators of another type referred to in the said regulations on the rear half of such vehicle shall be permitted.

85.         Direction indicators on motor vehicles with an overall length in excess of 7.6 meters

(1)    No person shall operate on a public road any motor vehicle or combination of motor vehicles of an overall length in excess of 7.6 metres unless it is equipped on both sides on the half front and the rear half with direction indicators of any of the types referred to in these regulations and otherwise complying with the provisions thereof.

(2)   The direction indicators on the rear referred to in subregulation (1) shall, unless they are indicators of the type referred to in regulation 82, be—

(a)  within 600 millimetres of the rear end of the vehicle; or

(b) in the case of combination of motor vehicles, within 600 millimeters of the rear end of the last vehicle of such combination.

(3)    The provisions of this regulation shall not apply in respect of a tractor, construction vehicle or a combination of motor vehicles the drawing vehicle of which is a tractor or a construction vehicle.

86.         General requirements for direction indicators

(1)    Direction indicators shall be fitted at a height of not less than 450 millimetres and not more than 2,100 millimetres above ground level and shall be unobscured when in use—

(a)  in respect of any direction indicator contemplated in regulation 82 no minimum height shall apply; and

(b) a direction indicator contemplated in regulation 82 fitted on the side of a motor vehicle shall not be more than 2,300 millimetres above ground level.

(2)   If lamps are incorporated in direction indicators, the lamps showing to the front shall be located on the same level and the lamps showing to the rear shall be located on the same level.

(3)   Unless the direction indicators are so fitted that they are visible to the driver of the vehicle to which they are fitted directly or by reflection when he is in the driving position, a device shall be provided whereby he shall be given visible or audible warning when the indicators are in operation.

(4)   The direction indicators shall be so fitted that the indicators on one side can be operated separately from those on the other side.

(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.

 

FOURTH SCHEDULE r. 126

Kt1.Issue of an exemption of any regulations except regulations 14 to 242,50000

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

PART I

PRELIMINARY

1.             Citation

2.             Interpretation

3.             Fees

PART II

THE 1926 AND 1949 CONVENTION COUNTRIES

4.             International distinguishing mark for Malawi

PART III

THE 1926 CONVENTION COUNTRIES

  5.             International certificates for vehicles being taken outside Malawi under the 1926 Convention

6.             Period of validity of international certificates

PART IV

REQUIREMENTS FOR VISITING DRIVERS AND MOTOR VEHICLES

7.             Visitors holding international driving permits

8.             Provisions of the Act to apply to international driving permits

9.             Visiting motor vehicles

10.         Conditions to be fulfilled by visiting motor vehicles under the 1926 Convention

11.         Conditions to be fulfilled by visiting motor vehicles under the 1949 Convention

First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule under s. 170

 

G.N. 17/2000

PART I

PRELIMINARY

1.             Citation

These Regulations may be cited as the Road Traffic (International Circulation) Regulations.

2.             Interpretation

In these Regulations, unless the context otherwise requires—

"the 1926 Convention” means the International Convention Relative to Motor Traffic concluded at Paris on the 24th day of April, 1926;

"the 1949 Convention” means the International Convention on Road Traffic concluded at Geneva on the 19th day of September, 1949;

"1926 Convention country” means any country which ratified or acceded to the 1926 Convention;

"1949 Convention country” means any country set forth in the Fifth Schedule;

"international certificate” means a certificate in Form A in the First Schedule;

"registration certificate” means a certificate that complies with Article 18 of the 1949 Convention.

3.             Fees

The fees specified in the second column of the Sixth Schedule are prescribed for and shall be charged in respect of the matter set out in the first column of the said Schedule.

PART II

THE 1926 AND 1949 CONVENTION COUNTRIES

4.             International distinguished mark for Malawi

In addition to the vehicle's registration mark required to be fixed and maintained in accordance with the Road Traffic (Registration and Licensing) Regulations, every motor vehicle registered and licensed in Malawi proceeding from Malawi shall display at the back inscribed on a plate or on the motor vehicle itself the international distinguishing mark for Malawi consisting of the letters "MW”. Every such plate shall be oval in shape, 240 millimetres wide by 140 millimetres high and shall bear the letters "MW” in black on a white background. The letters shall be formed of capital Latin characters of a height of at least 80 millimetres and their strokes of a width of at least 10 millimetres. In the case of any such motor vehicle drawing a trailer, the international distinguishing mark shall also be displayed at the back of the trailer.

PART III

THE 1926 CONVENTION COUNTRIES

5.             International certificate for vehicles being taken outside Malawi under the 1926 Convention

(1) The Director may issue for use in any 1926 Convention country an international certificate in Form A in the First Schedule for any motor vehicle registered under the Act.

(2)  An application for an international certificate shall be made in Form E in the First Schedule.

(3) The Director may if he deems it necessary before issuing an international certificate cause the vehicle in respect of which such certificate is applied for to be examined by a motor vehicle examiner to ascertain that it is suitable for use on roads of a foreign country and particularly that it complies with Article 3 of the 1926 Convention set forth in the Second Schedule.

(4) Upon being satisfied that the vehicle complies with the requirements of the preceding subregulation, the Director shall, upon payment of the fee specified in the Sixth Schedule, issue an international certificate in respect thereof.

6.             Period of validity of international certificates

International certificates shall be valid for 12 months from the date of issue.

PART IV

REQUIREMENTS FOR VISITING DRIVERS AND MOTOR VEHICLES

7.             Visitors holding international driving permits

An international driving permit issued elsewhere than in Malawi to a person not resident in Malawi shall, during the holding of such permit, be deemed to have effect within Malawi as though it were a driving licence issued under section 24 of the Act:

Provided that such permit shall have effect within Malawi only in respect of those classes of motor vehicles the driving of which is authorized by such permit.

8.             Provisions of the Act to apply to international driving permits

An international driving permit shall be produced for inspection in like manner as if it were a driving licence issued under the Act and the provisions of the Act relating to driving licences shall apply mutatis mutandis to international driving permits.
 

9.                  Visiting motor vehicles

(1)   Any motor vehicle, not being a public service vehicle, brought into Malawi under the authority of an international certificate issued elsewhere than in Malawi or of a registration certificate and vehicle licence issued elsewhere than in Malawi may be used in Malawi—

(a) in the case of a motor vehicle brought into Malawi by a person resident in Malawi for a period not in excess of 30 days; and

(b) in the case of a motor vehicle brought into Malawi by a person not resident in Malawi for a period not in excess of 365 days or until the expiry of its international certificate or registration certificate or vehicle licence, as the case may be, or until 30 days after the date when such person becomes resident in Malawi, whichever is the shortest, without the need to be registered or licensed subject to the vehicle's compliance regarding construction and equipment with the requirements of regulation 10 or 11 as the case may be and subject to its compliance in other respects with the Act and any regulations made thereunder:

Provided that the exemption conferred by paragraph (b) shall not cease prior to the expiry of 14 days from the date when such non-resident brought such motor vehicle into Malawi.

(2)    No motor vehicle may be used in Malawi under the authority of an international certificate or registration certificate and vehicle licence unless and until there shall be affixed to such motor vehicle, in addition to the identification marks required in the country in which the international certificate or registration certificate was issued, a distinctive plate displaying the appropriate letter or letters prescribed in the Fourth Schedule for such country which conforms with the provisions of Annex IV to the 1949 Convention or Annex C to the 1926 Convention as the case may be. In the case of a motor vehicle drawing a trailer the distinctive plate shall be displayed at the back of the trailer.

(3)   The holder of an international certificate or registration certificate and vehicle licence shall produce such certificate or licence at any time on demand made by any police officer in uniform or who, if not in uniform, produces his identity card.

(4)    All the requirements of the Act and of the Regulations made thereunder in connexion with the visibility of the registration marks of motor vehicles or trailers shall, during such time as the motor vehicle or trailer is in Malawi, apply in all respects to the identification marks and distinctive plate required by subregulation (2).

(5)    Any public service vehicle or private passenger vehicle registered and licensed in Malawi or any prescribed territory; and used for the carrying of tourists booked and carried from and on the same tour returning or going to places outside Malawi may, for a period not exceeding 60 days calculated from the date on which such vehicle enters Malawi, be used on the roads of Malawi although no road service permit has been issued in respect of such use, subject to the condition that no goods shall be carried on such vehicle other than the personal luggage of the tourists travelling therein.

 

Any motor vehicle brought into Malawi under the 1926 Convention shall comply with regard to construction and equipment with the requirements of Article 3 thereof as set forth in the Second Schedule.

11. Conditions to be fulfilled by visiting motor vehicles under the 1949 Convention.

Any motor vehicle brought into Malawi under the 1949 Convention shall comply with regard to construction and equipment with the requirements of Articles 21 and 22 thereof as set forth in the Third Schedule. 

Top

 

FIRST SCHEDULE

ROAD TRAFFIC ACT

FORM A

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS

FORM OF INTERNATIONAL CERTIFICATE FOR MOTOR VEHICLES UNDER CONVENTION OF 1926 PAGE 1 MALAWI

INTERNATIONAL MOTOR TRAFFIC

INTERNATIONAL CERTIFICATE FOR MOTOR VEHICLES

(INTERNATIONAL CONVENTION ON 24TH APRIL, 1926) ISSUE OF CERTIFICATE

Place..............................

Date..............................

Signature of Authority
 

Seal of Authority PAGE 2

This certificate is valid, in the territory of all the undermentioned contracting States, for the period of one year from the date of issue.

Here insert list of contracting States

Owner Surname .........................................................................1or Holder:

Other Address .......................................................................... 2

Home Address ......................................................................... 3

Class of Vehicle.........................................................................4

Name and Maker of Chassis.......................................................5 

Type of Chassis.........................................................................6

Serial number of type or maker's number of chassis .....................7

Engine:Number of Cylinders .......................................................8  

Engine Number ........................................................................  9                                            

Stroke ................................................................................. ....10

Bore ........................................................................................ 11

Horsepower ............................................................................. 12

Body:Shape ............................................................................. 13

Colour ..................................................................................... 14

Number of Seats .......................................................................15

Weight of car unladen (in kilos) ................................................... 16

Weight of car fully laden (in kilos) exceeding 3,500 kilos ............... 17

Identification mark on the plates ..................................................18

Additional pages should repeat the particulars on page 3 translated into as many languages as may be necessary to enable the certificate to be used in all States mentioned on page 2 and followed by pages for entrance and exit visas.
 

FORM B

ROAD TRAFFIC ACT

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS

APPLICATION FOR AN INTERNATIONAL CERTIFICATE FOR A MOTOR VEHICLE

I,Name and postal and  residential address in full.* of ................................................................................................. being the registered owner of motor vehicle Registration mark.+

...................................................................  enclose the registration book issued for the said motor vehicle and hereby apply for an international certificate in respect of the said motor vehicle.

The particulars of the motor vehicle stated on the registration book are correct. The motor vehicle is registered in.........................................................................

The motor vehicle is ordinarily used and/or kept in .....................................................  and not elsewhere.

 

For official use only.

Number of International Certificate

Issuing Office................................

Date of Issue................................

Date of Expiry...............................

for Director of Road Traffic

Original—To Director of Road Traffic.

 

SECOND SCHEDULE ROAD TRAFFIC ACT

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS (REGULATION 5 AND 10)

ARTICLE 3 OF THE 1926 CONVENTION ARTICLE 3

Every motor vehicle, in order to receive international authorization to travel on any road to which the public have access, must either have been recognized as suitable for use on any road to which the public have access after an examination by the competent authority or by an association authorized by that authority, or must conform to a type approved in the same manner. The vehicle must, in any case, fulfil the following conditions—

(I) The motor vehicle must be equipped with the following—

(a)  a strong steering apparatus which will allow the vehicle to be turned easily and with certainty;

(b) either two systems of brakes, independent of each other, or one system of brakes with two independent means of operation, of which one means of operation will function, even if the other fails to function:

Provided that in all cases the system used is really effective and rapid in action;

(c)  if the weight of the motor vehicle when empty exceeds 350 kilos, a mechanism by means of which the vehicle can from the driver's seat be made to move backwards under its own power; and

(d) when the combined weight of the empty motor vehicle and the weight of the maximum load which it is officially declared to be capable of carrying exceeds 3,500 kilos, a special mechanism, such as can prevent, in all circumstances, the vehicle from running backwards, in addition to a reflecting mirror.

The controls and steering apparatus must be so placed that the driver can manage them with certainty and at the same time have a clear view of the road.

The machinery must be such as to work with certainty and disposed in such a way as to avoid, as far as possible, all danger of fire or explosion; as not to constitute any sort of danger to traffic and so as not to frighten or seriously inconvenience by noise, smoke or smell. The vehicle must be equipped with a silencer.

The wheels of motor vehicles and trailers drawn by them must be fitted with rubber tyres or with some other tyres of equivalent elasticity.

The distance between the ends of the hub-caps must not exceed the maximum width of the remainder of the vehicle.

(II)         The motor vehicle must carry—

(1)  At the front and back, marked on plates on the vehicle itself, the registration number which has been allocated to it by the competent authority. The registration number placed at the back as well as the distinctive mark referred to in Article 5 must be lit up as soon as they cease to be visible by the light of day.

In the case of a vehicle followed by a trailer the registration number and the distinctive mark referred to in Article 5 are repeated behind the trailer, and the regulation regarding the lighting of these marks applies to the trailer.

(2)         In an easily accessible position and in a form easily legible, the following particulars:

Name of maker of chassis;

Maker's chassis number;

Maker's engine number.

(III) Every motor vehicle travelling without a trailer must, during the night and from sunset, be fitted in front with at least two white lights placed one on the right and the other on the left, and, at the back, with a red light. For motor bicycles unaccompanied by a side-car, the number of lights in front may be reduced to one.

(IV) Every motor vehicle must also be equipped with one or more devices capable of effectively illuminating the road for a sufficient distance ahead unless the two white lights prescribed above already fulfil this condition.

(V) If the vehicle is capable of proceeding at a speed greater than 30 kilometres an hour, this distance must not be less than 100 metres.

(VI) Lamps which may produce a dazzling effect must be provided with means for eliminating the dazzle when other users of the road are met, or on any occasion when such elimination would be useful. The elimination of the dazzling effect must, however, leave sufficient light to illuminate the road clearly for at least 25 metres.

(VII) Motor vehicles drawing trailers are subject to the same regulation as separate motor vehicles in so far as forward lighting is concerned, the rear red light is to be carried on the back of the trailers.

(VIII) In so far as the limits regarding weight and dimensions are concerned, motor vehicles and trailers must satisfy the general regulation in force in the countries in which they travel.

 

THIRD SCHEDULE

ROAD TRAFFIC ACT

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS (REGULATION 11)

ARTICLES 21 AND 22 OF THE 1949 CONVENTION

CONDITIONS TO BE FULFILLED BY MOTOR VEHICLE BROUGHT INTO MALAWI BY VISITORS ARTICLE 21

Every motor vehicle and trailer shall carry the identification marks set out in Annex 5.

ARTICLE 22

1.   Every motor vehicle and trailer shall be in good working order and in such safe mechanical condition as not to endanger the driver, other occupants of the vehicle or any person upon the road, or cause damage to public or private property.

2.   In addition, every motor vehicle, or trailer, and its equipment shall conform to the provisions of Annex 6 and the driver of every motor vehicle shall observe the rules set out therein.

ANNEX 5

IDENTIFICATION MARKS OF VEHICLES IN INTERNATIONAL TRAFFIC

1. The identification marks shall comprise—

(a) in the case of a motor vehicle:

(i) the name or the trade mark of the maker of the vehicle;

(ii) on the chassis, or in the absence of a chassis on the body, the maker's identification or serial number;

(iii) on the engine, the maker's engine number if such a number is placed thereon by the maker;

(b) in the case of a trailer, either the information referred to in (i) and (ii) above or an identification mark issued for the trailer by the competent authority.

2. The marks mentioned above shall be placed in accessible positions and shall be in a form easily legible and not capable of being easily removed or altered.

 

ANNEX 6

TECHNICAL CONDITIONS CONCERNING THE EQUIPMENT OF MOTOR VEHICLES AND TRAILERS IN INTERNATIONAL TRAFFIC

(I) Braking—

(a) Braking of motor vehicles other than motorcycles with or without side-cars. Every motor vehicle shall be equipped with brakes capable of controlling the movement of and of stopping the vehicle in an efficient, safe and rapid way under any conditions of loading on any up or down gradient on which the vehicle is operated.

The braking shall be operated by means of two devices so constructed that, in the event of failure of one of the braking devices, the other shall be capable of stopping the vehicle within a reasonable distance.

For the purpose of this Annex, one of these braking devices will be called the "service brake” and the other one the "parking brake”.

The parking brake shall be capable of being secured, even in the absence of the driver, by direct mechanical action.

Either means of operation shall be capable of applying braking force to the wheels symmetrically placed on each side of the longitudinal axis of the vehicle.

The braking surfaces shall always be connected with the wheels of the vehicle in such a way that it is not possible to disconnect them otherwise than momentarily by means of a clutch, gear box of free wheel.

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”.

 

FOURTH SCHEDULE

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS

DISTINCTIVE LETTERS FOR THE DIFFERENT STATES AND TERRITORIES

Distinctive letters for the different states and territories are as follows, as established by the Conventions of 1926 and 1949—

A AustriaCHSwitzerlandADNAden StateCIIvory CoastAL AlbaniaCLCeylonANDAndorraCNBNorth Borneo (now Sabah Malaysia)AusAustralia, Norfolk IslandCOColombiaBBelgiumCRCosta RicaBDSBarbadosCS CzechoslovakiaBGBulgariaCYCyprusBHBritish HondurasDGermany (Federal Republic)BLLesothoDKDenmark, Faroe IslandsBPBotswanaDOMDominican Republic BR BrazilDYDahomeyBRGBritish Guiana (now Guyana)DZAlgeriaBRNBahrainESpain, Balearic Islands, Canary Islands, Spanish Guinea, Spanish SaharaBRUBruneiBSBahamasEAKKenyaBURBurm aEATTanganyika (Tanzania)CCubaEAU UgandaCDNCanadaNZNew ZealandCGO Congo (Leopoldville) PPortugal, Azores EAZZanzibar (Ta nzania)Cape Verde Islands ECEcuador Made ira ETEgypt (United Arab Republic)Mozambique FFrance and French overseas DepartmentPortugal TimorFLLiechtensteinPortuguese WestGB Great Britain and Northern Island Africa (Angola) GBAAlderneySao JoaoGBG Guernsey Baptist de Agate GBJ JerseySao Tome and GBMIsle of ManPrincipe IslandsGBZGibraltarPAPanamaGCAGuatemalaPAKPakistanGH GhanaPEPeruGRGreece, Crete Dode caneseIs landsPIPhillippine Island HHungary PL PolandH KHong Kon gPTMMalaya (Malaysia)IItaly, Sardinia, SicilyPYParaguaylLIsraelRRumanialND IndiaRAArgentinalRIranRCFormosa (Tai-Wan)IRLRepublic of Ireland RCA Central    African RepublicIRQIraqRCBRepub licof  the Congo (Brazaville)ISIcelandRCHChileJAJamaica, Cayman Islands Turks and Caricos IslandsRHHaitiJORJordanRIMIslamic Republic MauritaniaKCambodiaRLLebanonLLuxembourgRMMalagasy RepublicLAOLaosRMMMaliLYLibyaRSMSan MarinoMM alta, GozoRSRSouthern RhodesiaMAMoroccoRUBurundiMCMonacoR WARepublic of Ruanda and Kingdom      of BurundiMEXMexicoSSwedenMSMauritiusSD SwazilandMWMalawiSFFinlandNNorwaySAPSingaporeNA Netherlands AntillesSSerac (Malaysia)NICNicaraguaSAMESurinamNIGNigerSRepublic of SenegalNLNetherlands (Holland)SUnion of Soviet Socialist Republics USAUnited States of AmericaSADSudanVVa tican CitySAWSouth  West AfricaVNViet NamSSeychellesWAGGambiaSIRSyriaWALSierra LeoneTThailand (Siam)WANNigeriaTTogWDDominica (Windward Island)TTunisiaWGGrenada (Windward Island)TTurkeyTTrinidad and TobagoUUrugayWLSt. Lucia (Windward Islands)WSWestern  SamoaWVSt. Vincent (Windward Islands)YVVenezuelaYUYugoslaviaZZambiaZARepublic of South Africa

FIFTH SCHEDULE

ROAD TRAFFIC ACT

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS COUNTRIES WHICH RATIFIED OR

ACCEDED TO THE 1949 CONVENTION

Algeria IvoryCoast Argentina Jamaica Australia Jordan Austria Laos Belgium Lebanon Botswana Luxembourg Bulgeria Madagascar Cambodia Malawi Canada Malaysia Central African Republic Mali Ceylon Malta Chile Monaco China Morocco Congo (Democratic Republic of) Netherlands Cuba New Zealand Cyprus Niger Norway Czechoslovakia Paraguay Dahomey Peru Denmark Philippines Dominican Republic Poland Ecuador Portugal Finland Republic of Vietnam France Romania Ghana Ruanda Greece San Marino Guatemala Senegal Haiti Sierra LeoneHoly See South Africa Hungary Spain India Sweden Ireland Switzerland Israel Sylia Italy Thailand Tog Trinidad and Tobago Tunisia Uganda Union of Soviet Socialist Republics United Arab Republic United Kingdom United States of America Venezuela Yugoslavia

 

SIXTH SCHEDULE

ROAD TRAFFIC ACT r. 3

ROAD TRAFFIC (INTERNATIONAL CIRCULATION) REGULATIONS

K.t1.Issue of any international certificate60000

 

ARRANGEMENT OF REGULATIONS REGULATION

PART I

PRELIMINARY

1.               Citation

2.               Interpretation

PART II

OPERATION OF PUBLIC SERVICE VEHICLES

3.               Trailers and passenger vehicles

4.               Duties of driver or conductor

5.                Interior of vehicle to be clean

6.                Luggage

7.                Tickets and fares

8.                 Unlawful behaviour by passengers

8A.              Unauthorized person prohibited on a public service vehicle

8B.              Touting prohibited

8C.              Harassment prohibited

8D.              Offence

9.                 Inflammable liquids in public service vehicle

10.               Matters to be displayed or inscribed

11.               Used of taxi meter

12.               Driver's identification

12A.            Crew to wear uniform

13.              Lost property

14.              Special destination indicators

15.              Stopping

16.              Stopping places

17.              Overtaking

18.              Smoking by driver or conductor

19.              Bus to proceed direct to destination

20.              Bus conductors

21.              Taxi plying for hire

22.              Taxis on public stands

23.              Stopping

24.              Refusing hire, etc.

25.              Use of abusive language

26.              Persons to be seated

PART III

MISCELLANEOUS
 
27.              Power of exemption
 
28.              Appeal to the Minister
 
29.              Offence and penalty
 
30.              Application
 
31.              Allocation of routes
 

33              Use of log book

 

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (OPERATIONS) REGULATIONS
under s. 181
G.N. 18/2000

40/2004

PART I

PRELIMINARY

1.             Citation

These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Operations) Regulations.

2.             Interpretation

In these Regulations, unless the context otherwise requires—

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

"contract car” means a public service vehicle having seating accommodation for not more than nine persons in addition to the driver which is let out on hire for a period which is not less than twenty- four hours to a hirer who drives the vehicle himself or who provides the driver;

"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 gangway serving seats on that deck alone;

"hire car” means a public service vehicle having seating accommodation for not more than nine persons in addition to the driver which is let out on hire with a driver under contract for a period which is not less than twenty-four hours for the carriage of passengers otherwise than at separate fares;

"public service vehicle” means any vehicle carrying passengers for hire or reward and includes—

(a)           a bus;

(b)           a contract car;

(c)            a hire car;

(d)           a taxi; and

              (e)              a goods vehicle adapted for the carriage of passengers;

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

"specially adapted foods vehicle” means a goods vehicle authorized to carry passengers for hire or reward under a road service permit or short-term;

"taxi” means a public service vehicle having seating accommodation for not more than nine persons in addition to the driver which is let with a driver over a period less than twenty-four hours for the carriage of passengers otherwise than at separate fares.

Top

 

PART II

OPERATION OF PUBLIC SERVICE VEHICLES

3.             Trailers and passengers vehicles

No person shall operate on a public road any public service vehicle while towing a trailer if passengers are actually being carried in such vehicle without the permission of the Director.

4.             Duties of driver or conductor

No conductor or, where there is no conductor, no driver of any public service vehicle shall—

(a) in the case of a bus, taxi or hire car, allow passengers to sit in or on any place other than upon the seats provided for the passengers or, in the case of a specially adapted goods vehicle, allow passengers to sit in or on any place other than upon any seats provided for, where no seats are provided, on the floor of the passenger section;

(b)  except in the case of a bus where standing passengers are allowed, permit any passenger to stand in or on any public service vehicle when it is in motion;

(c) allow any luggage or any other article to be placed in or near an entrance or exit for passengers in such a position as to cause any obstruction or danger to persons entering or leaving the public service vehicle or, in the case of a double deck bus, on the stairs of such bus;

(d)  allow the total height of any luggage or other loads placed on the roof of the vehicle to exceed a height equal to one fourth of the maximum overall height of the public service vehicle measured from the ground to the highest point of the roof:

Provided that in no case shall any portion of the luggage or other load be more than 3.8 metres off the ground; or

(e)  in the case of a double deck bus allow any luggage or other loads to be placed on the roof of the bus; or

(f)  fail to take all reasonable precautions to ensure the safety of passengers in or on entering or alighting from the public service vehicle; or

(g)  willfully deceive or refuse to inform any passenger or intending passenger as to the destination or route of the public service vehicle or as to the fare for any journey.

5.             Interior of vehicle to be clean

No person shall cause or permit a public service vehicle, if passengers are actually being carried in such vehicle, to be used on a public road when the interior of such vehicle is not in a clean and sanitary condition at all reasonable times.

6.             Luggage

(1)      A public service vehicle may carry luggage belonging to passengers:

Provided that only light hand luggage shall be carried inside the vehicle and that heavy or awkward luggage shall be carried in a separate luggage compartment or if an approved guard rail is provided on the vehicle roof.

(2)      In a bus only light luggage and parcels may be carried in the passenger compartment.

(3)    Nothing contained in this regulation shall be deemed to permit the carrying of any goods or luggage of any kind on the roof of a double deck bus.

7.             Tickets and fares

(1)    Any person authorized to receive fares from passengers or intending passengers in a bus or specially adapted goods vehicle shall forthwith issue to each passenger who has paid his fare a ticket showing the amount of such fare.

(2)      No passenger in a bus or specially adapted goods vehicle shall—

(a)  immediately upon demand, fail to declare the journey he intends to take or has taken and to pay the fare for the whole of such journey or produce a valid ticket for the same;

(b)  leave or attempt to leave a bus or specially adapted goods vehicle without paying the fare for any journey that he has made in such bus or specially adapted goods vehicle and with the intent to avoid payment thereof;

(c)  fail to produce his ticket on demand by a police officer or by conductor, driver or other duly authorized agent of the owner of the bus or specially adapted goods vehicle;

(d)  use any ticket which has been altered or defaced with intent to avoid payment of the fare;

(e) use or attempt to use any ticket which has been issued to another person if such ticket bears thereon an indication that it is not transferable; or

(f)  refuse upon request to leave the bus or specially adapted goods vehicle upon completion of the journey the fare for which he has paid.

(3)      Subregulation (2) (b) shall apply mutatis mutandis to passengers in taxi and in hire cars.
 

8.             Unlawful behaviour by passengers

(1)      No person while travelling in or upon a public service vehicle shall—

(a)           spit in or upon or from the vehicle or any part thereof;

(b)           use obscene, indecent, offensive or quarrelsome language or gestures;

(c)           behave in an obscene, indecent, offensive or quarrelsome manner;

(d)           willfully interfere in any way with the comfort of any passenger;

(e)           willfully obstruct or impede the driver or conductor in the exercise of his duties;

(f)            willfully damage any public service vehicle;

(g) enter or remain in or on a public service vehicle when requested not to do so by a driver or conductor on the ground that the public service vehicle is carrying its full complement of passengers or that the operator is debarred from picking up passengers at the place in question by reason of the terms of the conditions attached to his road service permit or short-term road service permit;

(h) where seats are provided for passengers, sit in any place in or on any public service vehicle other than upon the seats so provided;

(i) except in buses where standing passengers are allowed, stand in or on a public service vehicle when it is in motion; or

(j) place any luggage or any other article in or near an entrance or exit for passengers in such a position as to cause any obstruction or danger to persons entering or leaving the public service vehicle, or in the case of a double deck bus, on the stairs of such bus.

(2)     No person in a state of intoxication shall enter or remain in or on any bus or specially adapted goods vehicle and no driver or conductor of any bus or specially adapted goods vehicle shall willfully allow any such person to enter or remain in or on any bus or specially adapted goods vehicle on which he is on duty as the driver or conductor.

8A.       Unauthorized person prohibited on a public service vehicle

Any person who is not a member of the crew or a passenger shall not get onto or into a public service vehicle.

G.N. 40/2004

8B.        Touting prohibited

No owner, member of the crew or any person acting on behalf of the owner, member of the crew or on his own behalf on a public service vehicle shall make any noise or sound any instrument in order to attract the attention of the public or of a possible passenger, or by troublesome or frequent demands, or by persistent following, hold out the vehicle for hire to the public, or attempt to induce any person to become a passenger therein.

G.N. 40/2004.

8C.         Harassment prohibited

No person shall harass a passenger or a member of the crew of a public service vehicle. G.N. 40/2004

8D.         Offence

Any person who contravenes any of these regulations commits an offence. G.N. 40/2004

9.                  Inflammable liquids in public service vehicle

No person shall cause or permit a  public service vehicle while passengers are actually being carried to be used on a public road while such vehicle is carrying any inflammable or explosive substance:

Provided that nothing in this Regulation shall prohibit the carriage of petrol or other inflammable liquid—

(a)                in the fuel tank of such vehicle; or

(b) as a reserve supply of fuel for the vehicle in a container or containers properly constructed to prevent leakage in such a position on the vehicle and not exceeding such amount as may be approved by a motor vehicle examiner.

10.                  Matters to be displayed or inscribed

(1)    No person shall cause or permit a taxi to be used on a road be displayed unless there is displayed in a conspicuous place in such taxi only the following and nothing else, that is to say—

(a)                a notice showing the fares authorized to be charged for conveyance in such taxi;

(b)                a list of extra payments in respect of additional passengers, luggage, waiting time, etc.; and

(c)                the public service vehicle driving licence and identity card of the driver.

(2)    No person shall cause or permit a bus to be used on a road unless the conductor or where there is no conductor the driver has available both a time-table and fare-table for the route on which such bus is operating. Such time-table and fare-table shall be produced on request to any person reasonably requiring to examine such time-table or fare-table. For the purposes of this subregulation a person reasonably requiring such time-table or fare-table shall be deemed to include a passenger or an intending passenger in a bus.

11.                  Use of taxi meter

(1)    A taxi meter shall be used on any journey within a radius of 16 kilometres of the taxi ranks at the markets in Blantyre, Lilongwe, Limbe, Mzuzu and Zomba.

(2) Where a taxi meter is required, no person who conveys any passenger in a taxi shall—

(a) fail to operate the taxi meter; or

(b) charge a fare other than that indicated by the taxi meter:

Provided that this provision shall not apply to journeys for which the charging of an agreed fare is authorized by the Director.

(3) No person who conveys any passenger in a taxi shall—

(a) with intent to deceive travel by a devious route; and

(b) make any journey in such taxi by other than the shortest and most direct route except where otherwise specifically requested to do so by the passenger.

12.                  Driver's identification

(1)    The identity card to be displayed while on duty by the driver of a taxi in accordance with regulation 10 (1) (c) shall be enclosed in a container of clear plastic or other similar material and shall bear the words, "Malawi PSV Driver Identity Card”, a distinguishing number and a photograph of the person to whom it was issued.

(2)    In the case of an identity card the person applying for such identity card shall provide two photographs not less than 50 millimetres by 50 millimetres and not more than 60 millimetres by 60 millimetres.

(3)    In the case of the loss or destruction of an identity card a new identity card shall be issued by the Director upon payment of the prescribed fee.

(4)    An identity card shall remain the property of the Government of Malawi and shall be returned to the Director when the person to whom it was issued has ceased to be licensed to drive a public service vehicle:

Provided that where the driving licence of any person to whom an identity card has been issued is revoked or suspended, that person shall surrender his identity card to the person suspending or revoking the licence.

(5)   No driver of a taxi who when on duty shall fail to display his identity card in a conspicuous position so that the distinguishing number and photograph are clearly legible.

12A.     Crew to wear uniform

(1)   Every member of the crew of a public service vehicle shall wear a uniform at all times the member is on duty. G.N. 40/2004

(2)    The Director shall determine the type of uniforms for different categories of public service vehicles.

(3)   Every member of the crew shall wear an identity card on his uniform, bearing his photograph and names, on a place that the identity card is clearly visible and can be easily read.

(4)   For the purposes of these Regulations "member of the crew” includes the driver, conductor, inspector and "katundu boy”.

(5)     Any person who contravenes this regulation commits an offence.

13.                  Lost property

(1)   The conductor or driver of a public service vehicle shall, after the completion of the journey, carefully search for any property left by passengers in the vehicle and shall, without undue delay, take any property found, if not claimed by the owner, to the nearest police station:

Provided that where ten or more public service vehicles are owned or operated within the same region by one person, that person shall establish in that region a "lost property office”, and any property found in any public service vehicle owned or operated in that region by that person shall be taken to the lost property office for that region.

(2)   Any property deposited in a police station under this regulation shall be dealt with by the police in accordance with the Police Act.

(3)   Any property deposited in a lost property office under this regulation shall be held in that office for a period of not less than one month, and, if claimed, shall be delivered to the owner. If at the end of one month the property has not been so claimed and delivered, it shall be sold by public auction in accordance with the directions of the Director, and the net proceeds, after deducting all expenses, including such reward for the finder as the Director may think fit, shall be paid into the Consolidated Fund.

14.                  Special destination indicators

Every bus shall while being used on a road under charter carry a board marked "SPECIAL” fixed above each of the destination indicators referred to in regulation 124 of the Road Traffic (Construction, Equipment and Use) Regulations, and the letters and background of any such board shall be of the same nature and colours and dimensions as those of the said destination indications.

15.                  Stopping

A bus shall be stopped to take up or set down passengers as near to the left or near side of the public road as possible.

16.                  Stopping places

(1)    Where in the area of any local authority notices are exhibited by the Director indicating stopping places for buses, a bus shall not be stopped for the purpose of taking up or setting down passengers except at a place so indicated.

(2)    Where no such stopping places have been indicated the driver shall at the request of any passenger immediately stop the bus in order to enable such passenger to alight.

17.                  Overtaking

A bus shall not be driven alongside of or overlapping or so as to overtake another bus proceeding in the same direction unless such other bus is stationery or has signalled the overtaking bus to pass.

18.              Smoking by driver or conductor

The driver or conductor of a bus, a specially adapted goods vehicle or a taxi shall not smoke while the vehicle is in motion.

19.              Bus to proceed direct to destination

Every person driving a bus on a public road shall after quitting any stand or garage with passengers proceed direct to the place or places included in the route for such bus and shall not delay in so doing and shall not return to the place of departure after leaving it except on the return journey or where necessary to complete the original journey.

20.              Bus conductors

A conductor on duty on a bus shall have the word "Conductor” legibly marked on some conspicuous part of his clothing or shall wear in a conspicuous position a badge having the word "Conductor” legibly marked thereon.

21.              Taxi plying for hire

No driver of a taxi shall ply or stand for hire on a public road except—

(a) when the taxi is on a public stand approved by the Director;

(b) if hailed by an intending passenger while proceeding after the conclusion of a hiring to a public stand or to the place where the taxi is kept; or

(c) if hailed by an intending passenger while proceeding to or from a public stand from or to the place where the taxi is kept.

22.               Taxis on public stands

(1)     The driver of each of the first two taxis on a public stand must stay beside his taxi and must be ready to be hired at once by any person.

(2)  All taxis on the stand must move up as vacancies occur.

(3)  In the cases where the taxis stand side by side subregulation (1) shall be deemed to apply to the two taxis on the right of the line.

(4)  If a person wishes to engage a taxi of a particular seating capacity and if such taxi is not the first one on the stand but such a taxi is behind other taxis of less capacity the driver of the first taxi of the required seating capacity on the stand shall accept the hire and it shall be unlawful for any other driver to do so.

23.               Stopping

The driver of a taxi while hired shall unless requested by the hirer stop his taxi for a longer time than is reasonably necessary and if he is not engaged for hire he shall not stop his taxi except on a public stand.

24.               Refusing hire, etc.

The driver of a taxi shall not without reasonable excuse—

(a) refuse to be hired when the taxi is standing on a public stand;

(b) refuse or neglect to drive the taxi to any accessible place indicated by the hirer:

Provided that the whole journey out and return does not exceed fifty kilometres;

(c) refuse or neglect to carry such number of passengers not exceeding the number specified in the road service permit in respect of such taxi as he may be required to carry by the hirer; or

(d)                refuse or neglect to accept with the hirer a reasonable amount of luggage.

25.               Use of abusive language

The driver of a taxi shall not make use of any abusive or insulting language or be guilty of other rude behaviour to or towards any person whatsoever.

26.               Persons to be seated

Every person when travelling on a goods vehicle shall be in a sitting position while the vehicle is in motion.

PART III

MISCELLANEOUS

27.          Power of exemption

The Director may if he thinks fit and subject to such conditions as exempt the owner of any public service vehicle from complying with all or any Regulations and may where he thinks necessary direct that the exemption vehicle concerned.

28.          Appeal to the Minister

Any person aggrieved by a decision of the Director may appeal to the Minister in accordance with the Road Traffic (Appeals) Regulations.

29.          Offence and penalty

Any person guilty of an offence against these Regulations for which no special penalty is provided by these Regulations shall be liable in the case of a first offence to a fine of K3,000 and in the case of a second or subsequent offence to a fine of K 10,000 or to imprisonment for three years.

30.          Application

These Regulations shall not apply to or in respect of any contract car.

31.          Allocation of routes

(1)          The Director shall allocate routes to public service vehicles depending on the— G.N. 40/2004

(a)          nature of service the public service vehicle is engaged in; or

(b)          category of the public service vehicle.

(2)          Any person who operates a public service vehicle on a route other than the one allocated by the Director for that particular public service vehicle commits an offence.

32.          Restriction of movement of some public service vehicles

(1)  A public service vehicle which has less than four tyres at the rear shall only operate within the radius of 50 km. G.N. 40/2004

(2) Any person who operates or drives a public service vehicle which has less than four tyres at the rear beyond the 50 km radius commits an offence.

33.          Use of log book

(1)  Every owner of a public service vehicle shall have a log book for each public service vehicle which shall be kept in the public service vehicle at all times. G.N. 40/2004

(2) A driver of every public service vehicle shall record all the details of every trip that driver is undertaking including-

(a)          the origin of the trip and destination;

(b)          number of passengers in the public service vehicle at the point of origin;

(c)           the time of departure; and

(d)          the expected time of arrival at the destination.

(3) The driver shall, on demand, produce the log book to enforcement officers for inspection.

(4) Any person who contravenes this regulation commits an offence.

ROAD TRAFFIC (INSURANCE) REGULATIONS

ARRANGEMENT OF REGULATIONS REGULATION

PART I

PRELIMINARY

1.            Citation

2.            Interpretation

3.            Approved Insurers

PART II

CERTIFICATES OF INSURANCE

4.            Number of certificates of insurance

5.            Additional certificates of insurance

6.            Particulars of certificates of insurance

7.            Certificates of insurance to be in English and without advertisements

8.            Records to be kept by insurers of certificates of insurance

9.            Insurers to furnish particulars

10.          Policy to be returned to insurer in certain circumstances

11.          Replacement certificates

12.          Insurer may demand proof before issuance of replacement certificate

PART III

VISITORS

13.          Interpretation

14.          Visitors' certificates of insurance

15.          Foreign insurers

PART IV    

MISCELLANEOUS

16.          Failure to produce certificate of insurance

17.          Possession of unlawful certificate of insurance

18.          Hospital expenses

19.          Maximum limits of liability for third party insurance cover

20.          Offence and penalty

                Schedule

 

 

ROAD TRAFFIC (INSURANCE) REGULATIONS under s. 181

G.N. 19/2000

G.N. 26-27/2003

PART I

PRELIMINARY

1.            Citation

These Regulations may be cited as the Road Traffic (Insurance) Regulations.

2.            Interpretation

In these Regulations, unless the context otherwise requires—

"certificate of insurance” means a certificate issued by an insurer in accordance with these Regulations;

"visitor to Malawi” means any person not ordinarily resident in Malawi but who is in Malawi for a period not exceeding two months.

3.            Approved insurers

Subject to regulation 15, every insurance company which is from time to time registered under the Insurance Act for the transaction of non-life insurance business in Malawi, shall be an insurance company approved by the Minister for the issue of policies of insurance for the purposes of Part XIV of the Act. Cap. 47:01

PART II

CERTIFICATES OF INSURANCE

4.            Number of certificates of insurance

Where a policy of insurance does not relate to any specified vehicle or vehicles, the insurer shall cause such number of certificates of insurance to be issued as may be necessary to comply with the requirements of the Act.

5.            Additional certificates of insurance

Where the terms of a policy of insurance provide that the insured may drive any vehicle other than that specified therein, the insurer may, and shall on request by the insured, issue to such insured a further certificate of insurance.

6.            Particulars of certificates of insurance

Every certificate of insurance shall be signed by or on behalf of the insurer by whom it is issued, and such certificate shall not come into operation on a date earlier than the date on which it is issued: Provided that a replacement certificate of insurance may be issued in a retrospective manner, and shall be clearly marked with the word "REPLACEMENT”.

7.            Certificate of insurance to be in English and without advertisement

Every certificate of insurance shall be printed in English in a legible manner and shall be completed with black ink, and such certificate shall not contain any advertising matter either on the face or on the back thereof, so, however, that the name and the address of an insurer by whom a certificate of insurance is issued, or a reproduction of his seal, monogram or similar device, or the name and address of an insurance broker, shall not be deemed to be advertising matter for the purposes of these Regulations if it be printed or stamped at the foot or on the back of such certificate of insurance.

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8.            Records to be kept by insurers of certificates of insurance

An insurer shall keep a record of the particulars of every certificate of insurance issued pursuant to a policy of insurance, and such record shall contain the following—

(a) the full name and address of the person to whom the insurance policy is issued;

(b) in the case of a policy relating to specified vehicles, the registration marks of such

vehicles;

(c) the date on which the policy of insurance comes into force and the date on which it

expires; and

(d) the conditions subject to which the person or class of persons specified in the policy of insurance shall be indemnified,

the record of every certificate shall be kept for a period of one year from the date of expiry of the certificate of insurance.

9.            Insurers to furnish particulars

An insurer shall furnish without charge any particulars of certificates of insurance which the Commissioner may request in writing.

10.          Policy to be returned to insurer in certain circumstances

Where a policy of insurance is issued to any person and the said policy is transferred or suspended or ceases to be effective otherwise than by effluxion of time at the instance of such person, he shall cause the relative certificate to be returned to the insurer forthwith. The return of the aforesaid certificate shall be a condition precedent to the issue of a new policy to the person requesting the transfer or suspension or cancellation of the policy of insurance, except where the insurer is satisfied beyond reasonable doubt that the certificate of insurance has been lost or inadvertently destroyed. 

11.          Replacement certificates

Where an insurer by whom a certificate of insurance has been issued is satisfied beyond reasonable doubt that the certificate has become defaced or has been lost or inadvertently destroyed he shall, on request by the insured, issue a replacement certificate: Provided that where the certificate is defaced a replacement certificate shall not be issued unless the defaced certificate is returned to the insurer.

12.          Insurer may demand proof before issuance of replacement certificate

An insurer shall be entitled to request and receive a declaration on oath before he is satisfied beyond reasonable doubt that a certificate of insurance has been lost or inadvertently destroyed.

PART III

VISITORS

13.          Interpretation

In this Part of these Regulations—

"motor vehicle” means a motor vehicle brought into Malawi by a visitor.

14.          Visitors' certificates of insurance

(1) A visitor who is the holder of a policy of insurance or a security issued in any place outside Malawi in respect of third party risks arising out of the use by him, his servants or agents of a motor vehicle must, upon entering Malawi, present to a Police Officer at a Police Station at or near the frontier either—

(a)          a certificate in English to the effect that such policy or security is valid in Malawi; or

(b)          a certificate which has been issued by an insurer approved by the Minister.

(2) Upon being presented with the certificate referred to above the Police Officer shall satisfy himself that it is in order and that it is issued by an insurer approved by the Minister and, in the case of a certificate referred to in subregulation (1) (a), the Police Officer shall stamp the certificate as complying with the requirements of the Act.

(3) The vehicle of a visitor who is without a certificate or whose certificate is not valid will not be allowed to pass the first Police Post after the Malawi frontier unless the visitor takes out an insurance against third party risks with an insurer approved by the Minister.

15.          Foreign insurers

(1)  The Minister, having made such enquiries as he deems appropriate as to their standing, may by notice published in the Gazette signify his approval of such foreign insurers as may be named therein as insurers whose declaration may be accepted in Malawi.

(2)  The Minister may from time to time by notice published in the Gazette make deletions from or additions and amendments to any list of insurers previously published under this regulation.

PART IV

MISCELLANEOUS

16.          Failure to produce certificate of insurance

No person operating a motor vehicle on a public road shall fail to produce a certificate of insurance when required for inspection by a Police Officer or by any person authorized to inspect certificates of insurance by the Director in accordance with section 151 (3) of the Act.

17.          Possession of unlawful certificate of insurance

(1) No person shall exhibit any certificate of insurance which is defaced, mutilated or rendered illegible.

(2) No person shall knowingly retain or have in his possession both an original and a replacement certificate of insurance.

(3) No person shall attempt to or alter, amend, deface, mutilate or render illegible any certificate of insurance or certificate of foreign insurance: Provided that this regulation shall not apply to an insurer who may cancel a certificate of insurance.

18.          Hospital expenses

The maximum amount of payment made by the insurer as required under section 150 of the Act shall be specified in the hospital bill.

19.          Maximum limits of liability for third party insurance cover

(1) The maximum limits of liability required in respect of third party insurance cover shall be as set out in the Schedule. G.N. 26-27/ 2003

(2)  The Minister may, by notice published in the Gazette, amend the Schedule.

20.          Offences and penalty

(1) Any person who contravenes or fails to comply with any provision of these Regulations commits an offence. 

(2) Any person guilty of an offence under these Regulations shall be liable—

(a)  in the case of a first offender, to a fine of K2,000 or to imprisonment for one year; and

(b)    in the case of a second offender, to a fine of K5,000 or to imprisonment for three years.
 

 SCHEDULE reg. 19, G.N. 19/2000, 26-27/2003

Maximum limits of liability for third party insurance cover shall be as follows—

(a)          in respect of death or bodily injury for any one claim or a series of claims arising out of one event ..................5,000,00000

(b)          in respect of damage to property for any one claim or series of claims arising out of one event .........................250,00000

 

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

PART I

PRELIMINALRY

1.            Citation

2.            Interpretation

PART II

FORMS

3.            Forms

4.            Particulars in application, etc.

PART III

LICENSING

5.            Categories of learners’ and drivers’ licences and authority conveyed by such licences

6.            Period of validity of learner’s or driver’s licence

7.            Defective vision disqualifying a person from obtaining or holding a driver's licence

8.            Application for a learner's licence

9.            Examination of an applicant for a learner's licence

10.          Issue of learner's licence

11.          Manner of application for a driver's licence

12.          Examination of an applicant for a driver's licence

13.          Issue of a driver's licence

14.          Application for renewal of a driver's licence

15.          Examination of an applicant for renewal of a driver's licence

16.          Issue of renewal of a driver's licence

17.          Application and issue of a duplicate licence

18.          Conditions for acknowledgement and exchange of a driver's licence not issued in terms of the Act, and an international driving permit

19.          Notification of new residential and postal address

20.          Notification of change of name of driver's licence holder

21.          Application for a licence free of endorsement

22.          Military driving licence

23.          Instructors to obtain instructor's licence

24.          Driving schools to be licensed

 

PART IV               

PROFESSIONAL DRIVING PERMIT

25.          Permit required of motor vehicle conveying persons or goods for reward

26.          Classification of and authority conveyed by professional driving permit

27.          Application for professional driving permit

28.          Conditions governing issue of professional driving permit

29.          Issue of professional driving permit

30.          Suspension or cancellation of professional driving permit by Director

31.          Appeal to the Minister

32.          Permitting or assisting person not being the holder of a professional driving permit to drive motor vehicle, conveying persons or goods for reward

33.          Circumstances in which motor vehicle presumed to be a motor vehicle conveying goods or persons for reward

34.          Director to keep register of professional driving permits

35.          Professional driving permit issued contrary to provisions of this Part to be void

PART V

INTERNATIONAL DRIVING PERMITS

36.          International driving permits for use outside Malawi

37.          Validity of international driving permits

38.          Form of international driving permit under the 1926 Convention

39.          Age limit for obtaining international driving permit under the 1926 Convention

40.          Form of international driving permit under the 1949 Convention

41.          Age limit for obtaining international driving permit under the 1949 Convention

First Schedule

 

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS under s. 181 G.N. 20/2000 17/2006

PART I

PRELIMINARY

1.            Citation

These Regulations may be cited as the Road Traffic (Driving Licences) Regulations.

2.            Interpretation

For the purposes of these Regulations, unless the context otherwise requires—

"acceptable identification” means—

(a) a Malawi driver's licence or passport;

(b) in the case of a person not permanently resident in Malawi, an identity document issued by a foreign country; or

(c) in the case of a person or body carrying on a business, a certified copy of the business licence;

"approved” means approved by the Director;

"Convention” means the International Convention relative to Motor Traffic (Paris, 1926), the United Nations Convention on Road Traffic (Geneva, 1949) or the United Nations Convention on Road Traffic (Vienna, 1968), and any subsequent related convention ratified by Malawi, whichever convention is applicable to Malawi, and any amendment thereof;

"corrective lenses” means eye glasses or contact lenses;

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

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

"international driving permit” means an international driving permit issued in terms of a Convention or recognized thereunder;

"professional driving permit” means a professional driving permit referred to in regulation 24;

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PART II FORMS

3.            Forms

The forms set forth in the First Schedule are hereby prescribed as the forms to be used in all cases to which they are respectively applicable for the purposes of the Act.

4.            Particulars in application, etc.

The particulars to be entered on or contained in any application, learner’s licence, driver’s  licence, professional driving permit and any other licences and certificates to which these Regulations apply shall, unless otherwise set forth in these Regulations, be such as are necessary from the respective form of such application, learner’s licence, driver’s licence and other licences and certificates as approved by the Minister.

PART III

LICENSING

5.            Categories of learner's and driver's licences and authority conveyed by such licences

(1)          The categories of learner's and driver's licences and, the classes of motor vehicles pertaining to each category of learner's or driver's licence shall be as follows— G.N. 17/2006

(a) Category A1: a motorcycle which has an engine with a cylinder capacity not exceeding 125 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (b) of the definition of "motor vehicle” contained in section 2 of the Act;

(b) Category A: a motorcycle which has an engine with a cylinder capacity exceeding 125 cubic centimetres or a motor tricycle or motor quadrucycle with a tare not exceeding 550 kilograms: Provided that the tare of electrically propelled motor tricycles of motor quadrucyles shall not include the battery mass;

(c) Category B includes—

(i) a motor vehicle with a gross vehicle mass not exceeding 3,500 kilograms and having not more than sixteen seats in addition to the driver's seat, such motor vehicle may be combined with a trailer having a gross vehicle mass which does not exceed 750 kilograms;

(ii) any combination of a drawing vehicle referred to in paragraph (c) (i) and a trailer where the gross combination mass of the combination does not exceed 3,500 kilograms and the gross vehicle mass of the trailer does not exceed the tare of the drawing vehicle;

(iii) a farm tractor;

(d) Category BE: any combination of vehicles consisting of a drawing vehicle in Category B and a trailer, where the combination does not come within Category B;

(e) Category C includes—

(i) a motor vehicle whose gross vehicle mass is over 3,500 kilograms, a motor vehicle in this category may be combined with a trailer having a gross vehicle mass which does not exceed 750 kilograms; 

(ii) a motor vehicle used for the carriage of persons and having more than twenty- six seats in addition to the driver's seat, a motor vehicle in this category may be combined with a trailer having a gross vehicle mass which does not exceed 750 kilograms;

(f) Category CE: a combination of vehicles where the drawing vehicle is in Category C and its trailer has a gross vehicle mass of over 750 kilograms.

(g) Category CI includes—

(i) a motor vehicle whose gross vehicle mass is over 3,500 kilograms but not more than 16,000 kilograms, a motor vehicle in this category may be combined with a trailer having a gross vehicle mass which does exceed 750 kilograms; and

(ii)  a motor vehicle used for the carriage of persons and having not more than twenty-six seats in addition to the driver's seat, a motor vehicle in this category may be combined with a trailer having a gross vehicle mass which does not exceed 750 kilograms;

(h) Category CIE: any combination of vehicles where the drawing vehicle is in category CI and its trailer has a gross vehicle mass of over 750 kilograms: Provided that the gross combination mass of the combination thus formed does not exceed 20,000 kilograms, and that the gross vehicle mass of the trailer does not exceed the tare of the tractor vehicle;

(i) Category DI: a motor vehicle used for the carriage of persons and which has more than eight (8) seats but not more than thirty-two (32) seats in addition to the driver's seat, a motor vehicle in this category may be combined with a trailer which has a gross vehicle mass which does not exceed 750 kilograms;

(j) Category D: a motor vehicle used for the carriage of persons and which has more than eight (8) seats in addition to the driver's seat, a vehicle in this category may be combined with a trailer which has a gross vehicle mass which does not exceed 750 kilograms;

(k) Category DIE: a motor vehicle in Category DI combined with a trailer which has a gross vehicle mass not exceeding 750 kilograms: Provided that the gross combination mass thus formed does not exceed 3,000 kilograms, and that the gross vehicle mass of the trailer does not exceed the unloaded mass of the tractor vehicle and the trailer shall not be used for the transport of persons;

(l)  Category DE: a combination of motor vehicles consisting of a tractor vehicle in category D and its trailer has a gross vehicle mass which does not exceed 750 kilograms;

(m)  Category T: construction or agricultural vehicles; and

(n)  Category TI: tractor.

(2)          A licence as contemplated in subregulation (1) shall authorize the holder thereof to drive the class of motor vehicle in respect of which it is issued and—

(a) a category A licence shall authorize the driving of a motor vehicle for which a category A1 licence is required;

(b) a category BE licence shall authorize the driving of a motor vehicle for which a category B licence is required;

(c) a category CI licence shall authorize the driving of a motor vehicle for which a category B licence is required;

(d)  a category CIE licence shall authorize the driving of a motor vehicle for which a category CI, BE and B licence is required;

(e)  a category C licence shall authorize the driving of a motor vehicle for which a category CI and B licence is required; and

(f) a category CE licence shall authorize the driving of a motor vehicle for which a category C, CIE, CI, BE and B licence is required;

(3) The authority to drive a motor vehicle conveyed by a learner's licence shall be subject to the following conditions—

(a) the holder of a learner's licence shall, except where such licence relates to a motorcycle, when driving a motor vehicle, be accompanied in that vehicle by, and under the direct personal supervision of a person seated next to him or immediately behind him, where such person cannot be seated next to him, and who is in possession of a licence, other than a learner's or similar licence, authorizing him to drive that class of motor vehicle;

(b) any person driving a motor vehicle under the authority of a learner's licence shall cause to be clearly displayed in a conspicuous position on the front and rear elevations of such motor vehicle a plate showing the letter "L" in red on a white background and complying with the requirements set forth in paragraph (c). If a trailer is being drawn the rear "L" plate shall be displayed on the rear elevation of the trailer;

(c) the dimensions of the plate bearing the letter "L" shall be at least 150 millimetres by 150 millimetres and the letter "L" shall be of the following dimensions—

Length of perpendicular side: 100 millimetres; Length of horizontal side: 90 millimetres;Width of each side: 40 millimetres;

(d) a learner's licence, in respect of a motorcycle, shall not authorize the holder thereof to drive such motorcycle on a public road while carrying another person; and

(e) a learner's licence shall not authorize the driving of a motor vehicle while carrying persons for reward, other than a person accompanying the holder of a learner's licence in terms of paragraph (a).

(4) No person shall drive a motor vehicle, teach for gain the driving of motor vehicles or accompany a holder of a learner's licence on a public road except under the authority and in accordance with the conditions of a driver's licence issued to him under this Part or of any document deemed to be a licence for the purposes of this Part and unless he keeps such driver's licence or document or any other prescribed authorization with him in the vehicle.

(5) No person who is the holder of a learner's or driver's licence shall allow such licence to be used by any other person.

6.            Period of validity of learner's or driver's licence

(1) The period of validity of a learner's licence or deemed to be issued in terms of section 23 of the Act shall be six months from the date of issue thereof.

(2) The period of validity of a driver's licence issued or deemed to be issued in terms of section 24 of the Act shall be five years: Provided that—

(a) in the case of a person who has attained the age of sixty years this regulation shall have effect as if the period mentioned herein were a period not exceeding such number of years as will elapse before the end of the year in which that person will attain the age of sixty-five years; or

(b) in the case of a person who has attained the age of sixty-five years the period of validity of any driver's licence issued or deemed to be issued shall be one year, unless such licence has been suspended or cancelled under the Act.

(3)  Notwithstanding anything contained in subregulations (1) and (2), any learner's licence or driver's licence issued under the Act now repealed shall remain valid until the expiry date indicated on such learner's or driver's licence unless such licence has been suspended or cancelled under the Act.

7.            Defective vision disqualifying a person from obtaining or holding a driver's licence

(1)  A person shall be disqualified from obtaining or holding a learner's or driver's licence unless— G.N. 17/2006

(a)  in the case of learner's or driver's licence of the categories A1, A, B and BE such person has—

(i) according to the Snellen Rating a minimum visual acuity, with or without corrective lenses, of 6/12 for each eye or, where the visual acuity of one eye is less than 6/12 or where one eye of the person concerned is blind or not used as in the case of diplopia, a minimum visual acuity for the other eye of 6/9; and

(ii) a minimum visual field, in the case of a person with two eyes, of 30 degrees nasal and 55 degrees temporal in respect of each eye and, in the case of a person with one eye, of 50 degrees nasal and 70 degrees temporal, with or without corrective lenses; or

(b) in the case of a learner's or driver's licence of the categories CI, CIE, C and EC such person has—

(i)  a normal binocular field of vision and according to the Snellen Rating a minimum visual acuity, with or without corrective lenses, of at least 6/8 in the better eye and at least 6/12 in the worst eye; and

(ii)  a minimum visual field of 50 degrees nasal and 70 degrees temporal in respect of each eye with or without corrective lenses.

(2) A person who is disqualified under subregulation (1) shall be referred to a registered optometrist or ophthalmologist, who shall, at such person's expense, test such person's eyes in relation to the standards contemplated in subregulation (1) and the results of such test shall be accepted by the Director.

(3) Applicants requiring corrective lenses to pass the vision test, shall be restricted from driving a motor vehicle when not wearing such corrective lenses.

(4) Applicants that require glasses with telescopic lenses to pass the vision test shall not be issued a learner's or driver's licence.

(5) No person shall, when applying for a learner's or driver's licence, willfully fail to disclose any disqualification under section 21 of the Act.

(6) Any person who—

(a) is the holder of a licence authorizing the driving of a motor vehicle in terms of this Part; and

(b) becomes aware thereof that he is disqualified from holding such licence, shall, within a period of seven days after having so become aware of the disqualification, submit the licence to the Director.

8.            Application for learner's licence

An application under section 23 (1) of the Act shall be made on Form DL 1 in the First Schedule and shall be accompanied— G.N. 17/2006

(a) by two identical black and white or colour photographs of the applicant which shall— 

(i) have been recently taken;

(ii) be clear cut and without shadows;

(iii) be of a size not more than 65 millimetres in height by 50 millimetres in width and not less than 50 millimetres in height by 35 millimetres in width;

(iv) depict only the head and shoulders of the applicant; and

(v) show the applicant's full face without headgear;

(b)  by acceptable identification;

(c) by a certificate issued in the name of the applicant indicating successful completion of an approved basic first aid course;

(d) in the case of an applicant who is applying for a category CI or C learner's licence, a valid category B driver's licence;

(e) in the case of an applicant who is applying for a category BE, CIE or CE learner's licence, a valid category B, CI or C driver's licence as the case may be;

(f) in the case of an applicant who—

(i) is applying for a category C or CI learner's licence;

(ii) is 65 years of age or older; or

(iii) is so required by the Director,

a medical certificate in Form DL 3 in the First Schedule signed and dated by a medical practitioner within 30 days preceding the date of application for a learner's licence, certifying that the applicant is not disqualified in terms of section 21 (f) or (g) of the Act from obtaining a learner's or driver's licence; and

(g) a receipt for the payment of the appropriate learner's licence fee and knowledge test fee.

9.            Examination of an applicant learner's licence

(1) An applicant for a learner's licence shall be examined and tested by an examiner. G.N. 17/2006

(2) The examiner shall satisfy himself that the applicant—

(a) knows and understands—

(i) the rules of the road;

(ii) the road traffic signs; and 

(iii) the controls of a motor vehicle of the class to which the application relates;

(b) is not disqualified under section 21 of the Act or regulation 7, before issuing a learner's licence; and

(c) if applying for a category BE, CIE or CE learner's licence is the holder of a valid category B, CI, C, DI, D or DE driver's licence as the case may be.

(3) The procedure to be followed by the examiner in complying with subregulation (2) shall include the satisfactory completion by the applicant of a knowledge test in either written or oral form.

(4) For the purposes of subregulation (3), the words "satisfactory completion” mean correctly answering eighty-five per cent or more of the questions contained in the knowledge test.

(5) An examiner shall issue to every applicant for a learner's licence who has passed the examination and successfully completed the knowledge test, a pass certificate giving the results thereof and such applicant shall sign or affix his thumb print on the pass certificate in the presence of the examiner.

(6) For every applicant who is issued a pass certificate, the examiner shall on the reverse side of one of the two required photographs sign and date such photograph with an endorsement that it represents a true likeness of the applicant.

10.          Issue of learner's licence

(1)          A learner's licence shall be issued in such form as approved by the Minister, and upon presentation of the duplicate copy of the pass certificate and two photographs one of which is endorsed as referred to in regulation 9(6), the examiner or a person authorized thereto shall—

(a) complete the learner's licence including any restrictions on the driver relative to corrective lenses and artificial limbs;

(b) ensure that the applicant signs the learner's licence;

(c) issue the learner's licence; and

(d) record the particulars pertaining to the holder of such learner's licence in the register of learner's licences.

(2) The Director shall not issue more than two learner's licence in respect of any one category referred to in regulation 5(1) to any applicant within a consecutive twenty-four-month period commencing from the date of issue of the first such learner's licence.

11.          Manners of application for a driver's licence

(1) An application under section 24 (1) (i) of the Act, shall be made on Form DL 1 in the First Schedule of driving licences and shall be accompanied by—

(a)          acceptable identification of the applicant;

(b)          every licence which authorizes the applicant to drive a motor vehicle;

(c)           two photographs of the applicant, referred to in regulation 8 (a); and

(d)          a receipt for the payment of the appropriate driver's licence testing fee.

(2) If the applicant, on the day determined under section 24 (3) of the Act, is not examined and tested for any reason whatsoever, and is unable to satisfy the driver's licence testing centre concerned that the reason for his not having been examined and tested was due to circumstances beyond his control, he shall again pay the approved fee for the driver's licence testing centre to determine another day and time on which he shall present himself to be examined and tested.

12.          Examination of an applicant for a driver's licence

(1)  An applicant for a driver's licence shall be examined and tested by an examiner. G.N. 17/2006

(2)  The examiner shall by, observation, inquiry and a practical test, satisfy himself that the applicant—

(a) holds a learner's licence which authorizes him to drive the class of motor vehicle to which his application relates and, if applicable, a valid driver's licence required to hold such learner's licence;

(b)  knows and understands the road traffic signs;

(c) has a sound knowledge of the rules of the road and the different signals which a driver of a motor vehicle is required to give when driving on a public road;

(d) is not subject to any disqualification contemplated in section 21 of the Act and regulation 7; and

(e) is generally capable of driving a motor vehicle of a class to which the application relates.

(3) Where a person applies for a driver's licence which authorizes him to drive a motor vehicle referred to in regulation 5 (1) (a), (b), (c), (e) or (g), the practical test referred to in subregulation(2), shall be conducted with the motor vehicle referred to in that regulation as follows—

(a)  for category A1, a motorcycle without a side-car which has an engine with a cylinder capacity of up to 125 cubic centimetres;

(b) for category A, a motorcycle without a side-car which has an engine with a cylinder capacity of over 125 cubic centimetres, capable of a speed of at least 100 km/h;

(c) for category B, a category B vehicle capable of a speed of at least 100 km/h; 

(d) for category CI, a category CI vehicle with a gross vehicle mass rating of at least 6,000 kilograms and capable of a speed of at least 80 km/h;

(e) for category C, a category C vehicle with a gross vehicle mass rating of at least 10,000 kilograms having a length of at least 7 metres and capable of a speed of at least 80 km/h.

(4) Where a person applies for a driver's licence which authorizes him to drive a combination of motor vehicles referred to in regulation 5 (1) (d), (f) or (h), the practical test referred to in subregulation (2),     shall be conducted with the combination of motor vehicles referred to in that regulation as follows—

(a) for category BE a combination of motor vehicles, made up of a category B drawing vehicle and a trailer with a gross vehicle weight rating of at least 1,000 kilograms, capable of a speed of at least 100 km/h and which does not fall within category B;

(b) for category CIE a combination of motor vehicles, made up of a category CI drawing vehicle and a trailer having a gross vehicle mass rating of at least 2,000 kilograms, with a combined length of at least 8 metres and capable of a speed of at least 80 km/h; and

(c) for category CE either an articulate motor vehicle with a gross combination mass rating of at least 18,000 kilograms having a length of at least 12 metres and capable of a speed of at least 80 km/h; or a combination of motor vehicles, made up of a category C drawing vehicle and a trailer at least 4 metres in length, having a gross combination mass rating of at least 18,000 kilograms with a combined length of at least 12 metres and capable of a speed of at least 80 km/h.

(5) For the purpose of subregulation (2) an applicant, shall not be required to undergo a written knowledge test.

(6) An examiner shall in compliance with the provisions of paragraph (e) of subregulation (2) test an applicant according to minimum requirements contained in the Southern African Development Community Directive defining the authority and issue of a national driving licence.

13.          Issue of a driver's licence

The examiner or a person authorized thereto, upon presentation of the duplicate copy of the pass certificate and two photographs one of which is endorsed as referred to in regulation 12 (8) and payment of the appropriate driver's licence fee shall issue a driver's licence and shall—

(a) complete the driver's licence card and, where applicable, include any driver and vehicle restrictions;

(b) ensure that the applicant signs the driver's licence card;

(c) record the issue for the driver's licence card in the register of driver's licences issued;

(d) cancel every licence replaced by the driver's licence issued and in the case where the licence which is cancelled was not issued by the Director, notify the authority which issued such licence accordingly; and

(e) issue the driver's licence card.

14.          Application for renewal of a driver's licence

(1) An application under section 24 (1) (b) of the Act. shall be made on Form DL 1 in the First Schedule and shall be accompanied by—

(a) every licence which authorizes the applicant to drive a motor vehicle;

(b) two photographs of the applicant, referred to in regulation 8 (a);

(c) by a certificate issued in the name of the applicant indicating successful completion of an approved basic first aid course;

(d) in the case of an applicant who—

(i)  is applying for a category C or C1 driver's licence;

(ii)  is 65 years of age or older; or

(iii)  is so required by the Director,

a medical certificate on Form DL 3 in the First Schedule signed and dated by a medical practitioner within 30 days preceding the date of application for a renewal of a driver's licence, certifying that the applicant is not disqualified under section 21 (f) or (g) of the Act from obtaining a learner's or driver's licence.

15.          Examination of an applicant for renewal of a driver's licence

(1)          An applicant for the renewal of a valid driver's licence shall be examined and tested by an examiner.

(2)          The examiner shall by the use of a standard knowledge test, observation and inquiry satisfy himself that the applicant—

(a) holds a valid driver's licence which authorizes him to drive the class of motor vehicle to which his application for renewal relates;

(b) knows and understands the road traffic signs;

(c) has a sound knowledge of the rules of the road and the different signals which a driver of a motor vehicle is required to give when driving on a public road; 

(d is not subject to any disqualification contemplated in section 21 of the Act and regulation 7; and is generally capable of driving a motor vehicle of a class to which the application relates.

(3) The procedure to be followed by the examiner in complying with subregulation (2) shall include the satisfactory completion by the applicant of a knowledge test in either written or oral form.

(4) For the purposes of subregulation (3), the words "satisfactory completion” means correctly answering eighty-five per cent or more of the questions contained in the knowledge test.

(5) For the purpose of subregulation (2) an applicant holding avalid driver's licence which authorizes him to drive the class of motor vehicle to which his application for renewal relates, shall not be required to undergo a practical test.

(6) An examiner shall issue to every applicant for renewal of a driver's licence who has passed the examination and successfully completed the knowledge test a pass certificate giving in Form DL 2 in the First Schedule the results thereof and such applicant shall sign or affix his thumb print on the pass certificate in the presence of the examiner.

(7) For every applicant who is issued a pass certificate, the examiner shall on the reverse side of one of the two required photographs sign and date such photograph with an endorsement that it represents a true likeness of the applicant.

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16.          Issue of renewal of a driver’s licence

The Director or a person authorized thereto shall, upon presentation of the duplicate copy of the pass certificate and two photographs one of which is endorsed as referred to in regulation 15 (7) and payment of the appropriate driver’s licence fee issue a driver’s licence in such form as approved by the Minister, and shall—

(a) complete the driver’s licence card and where applicable include any driver or vehicle restrictions;

(b) ensure that the applicant signs the driver’s licence card;

(c) record the issue of a renewal of driver’s licence card in the register of driver’s licences issued;

(d) cancel every licence replaced by the driver’s licence issued and in the case where the licence which is cancelled was not issued by the Director, notify the authority which issued such licence accordingly; and

(e) issue the driver’s licence card.

17.          Application and issue of a duplicate licence 

(1)          An application under section 162 (2) of the Act for a duplicate of a learner's licence or a duplicate of a driver's licence shall be made on Form DL 1 in the First Schedule and shall be accompanied by—

(a)  the original licence or, where the original licence is lost or destroyed, a declaration to that effect on Form DL 1 in the First Schedule;

(b)  two photographs of the applicant, referred to in regulation 8 (a);

(c) acceptable identification; and

(d) a receipt for the payment of the appropriate duplicate driver's or learner's licence fee.

(2)          Upon receipt of an application referred to in subregulation (1), the Director shall—

(a) ensure that the licence is not subject to a suspension or cancellation; and

(b) issue the duplicate of a learner's or driver's licence in accordance with regulation 10 or 13, as the case may be, with the inscription "DUPLICATE” stamped thereon.

18. Condition for acknowledgement and exchange of a driver's licence not issued in terms of the Act, and an international driving permit

(1) Subject to the provisions of subregulation (2), a licence referred to in section 28 (1) (a) of the Act, issued while the holder thereof was permanently or ordinarily resident in a prescribed territory, shall during the period of validity thereof in such territory, be deemed to be a valid licence for the purposes of PART IV of the Act, if—

(a)          (i) such licence has been issued in the English language; or

(ii) a certificate of authenticity or validity relating to such licence was issued in the English language by a competent authority, or a translation of such licence in the English language, is attached thereto; and

(b) such licence contains or has attached thereto a photograph and the signature of the holder thereof.

(2) When the holder of a licence referred to in subregulation (1) or the holder of an international driving permit referred to in section 28 (1) (b) of the Act—

(a) returns to Malawi to resume permanent residence such licence or permit shall no longer be deemed to be a valid licence for the purposes of PART IV of the Act, after six months from the date of return; or

(b) obtains permission under any law for permanent residence in Malawi, such licence or permit shall no longer be deemed to be a valid licence for the purposes of PART IV of the Act, after six months from the date on which such person has taken up permanent residence.

(3) A licence as referred to in subregulation (1) or any international driving permit as referred to in section 28 (1) (b) of the Act may, at any time during the period of validity thereof in the country of issue, be exchanged for a Malawi driver's licence.

(4)  An application in terms of section 28 (3) of the Act shall be made as referred to in regulation 14 (1), and an application for the exchange of an international driving permit for a driver's licence shall be accompanied by the driver's licence on the authority of which such permit was issued.

(5)  (a)  Subject to the provisions of paragraph (b), the Director, shall, upon receipt of an   application referred to in subregulation (4), issue or authorize the issue of a driver's licence of the category or categories of motor vehicles referred to in regulation 5 (1) to which such licence relates.

(b)  The Director shall issue the licence referred to in paragraph (a) in the manner referred to in regulation 16 if he is satisfied that—

(i) the applicant is the holder of the licence referred to in subregulation (1); and

(ii)  such licence is still valid in the territory of issue.

(6)If there is a dispute as to the category in respect of which a driver's licence has been issued in terms of subregulation (5) (a), the Director shall determine the category of such licence.

19.          Notification of new residential and postal address

(1)  A notice under section 26 of the Act shall be given on the Form DL 1 in the First Schedule.

(2) No person shall fail to submit to the Director within fourteen days any notice contemplated in subregulation (1).

20.          Notification of change of name of driver's licence holder

When the name of the holder of a driving licence is changed (whether by marriage or any other means), the holder, if in Malawi at the time shall within fourteen days of the change, notify the Director on Form DL 1 in the First Schedule and submit his licence for amendment or issue. If the holder is not in Malawi at the time, he shall forthwith notify the Director of the change in writing and submit Form DL 1 in the First Schedule and his licence for amendment or reissue within thirty days of his return thereto.

21.          Application for licence free of endorsement

An application under section 31 (2) of the Act shall for a licence be made on a Form DL 1 in the First Schedule and shall be accompanied by two photographs of the applicant complying with the provisions of regulation 9 (a).

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22.          Military driving licence

For the purpose of driving a motor vehicle belonging to the Defence Force of Malawi, a valid learner's licence or driver's licence or the equivalent of such licence duly issued for use by members of the Defence Force and valid for the said vehicle is hereby deemed to have effect as though it were a learner's licence or driver's licence issued under sections 23 and 24 of the Act, as the case may be.

23.          Instructors to obtain instructor's licence

(1)  No person shall—

(a) act as an instructor and teach for gain the driving of motor vehicles, unless he is the holder of an instructor's licence and employed by a driving school as referred to in regulation 24; and

(b)  employ any other person as an instructor or make use of his services as an instructor, unless such other person is the holder of an instructor's licence.

(2)  No person shall be eligible to hold an instructor's licence unless he shall—

(a)  be at least eighteen years of age and less than sixty-one year's of age;

(b)  have attained the minimum education level of a junior certificate;

(c) have continuously held for a minimum of three years a valid driver's       licence  in            respect of the class or classes to which the instructor's licence relates and not have been convicted of any offence under the Act within the previous twelve months;

(d) be mentally and physically fit and free of any disease, condition or other disability which could render him incapable of performing the duties of such instructor;

(e) have completed a driving instructor training programme approved by the Director; and

(f) have passed an examination to judge his competency to act as a driving instructor.

(3)  Any person desiring to obtain or renew an instructor's licence shall, apply to the Director on Form DSR 1 in the First Schedule in respect of one or more of the categories of drivers' licences referred to in regulation 5 (1) and such application shall be accompanied by—

(a) the applicant's driver's licence;

(b) two photographs of the applicant referred to in regulation 8 (a);

(c) a medical certificate on Form DL 3 in the First Schedule signed and           dated    by           a                medical practitioner within 30 days preceding the date of application to obtain or renew an instructor's licence, certifying that the applicant is not disqualified under section 21 (f) or (g) of the Act from obtaining a learner's or driver's licence;

(d)  a certificate issued in the name of the applicant, indicating the successful completion of education at or above the level of junior certificate;

(e) a certificate issued in the name of the applicant, indicating the successful completion of a driving instructor training programme approved by the Director; and

(f)   the appropriate prescribed fee.

(4) Upon receipt of an application under subregulation (3) to—

(a) obtain an instructor's licence; or

(b) renew an instructor's licence, the Director may submit such application, to the Malawi Police Service for a report as to whether any conviction has been recorded against the applicant as well as in respect of any other matter which, in the opinion of the Malawi Police Service, is relevant to the application, and the Malawi Police Service is hereby authorized to report accordingly.

(5) A member of the Malawi Police Service may take finger and palm prints of the applicant to enable him to report in terms of subsection (4).

(6) If the Director, having regard to the reports referred to in subregulations (3) and (4) and any relevant facts known to him or ascertained by him, is satisfied that the applicant—

(a) is not of good character; or

(b) is not physically or mentally fit to act as an instructor, he shall refuse the application and notify the applicant accordingly.

(7) Where the Director does not refuse the application under subregulation (6), the Director shall cause the applicant to be examined and tested at a place and by a competent person designated by the Director, in order to obtain a report on the competence of the applicant to act as an instructor: Provided that if the applicant applies to renew an instructor's licence, the Director may dispense with such examination and test.

(8)  The Director shall consider the application with due regard to the reports referred to in subregulations (4) and (7) and any relevant facts known to him or ascertained by him, and if he is satisfied that the applicant—

(a) is of good character;

(b) is physically and mentally fit and is competent to act as an instructor; and

(c) complies with such further requirements as the Director may determine, he shall, subject to conditions as he may determine, grant the application in respect of one or more of the categories of drivers' licences referred to in regulation (5) (1).

(9) Where the Director grants an application, he shall forward a written authority in such form as he may determine, to the applicant for the issue of an instructor's licence and in which all categories of instructor's licence and all conditions subject to which the application has been granted, are specified.

(10)  Upon receipt from the applicant of—

(a) the written authority contemplated in subregulation (9);

(b) two identical copies of a black and white or colour photograph of the applicant complying with the provisions of regulation 9 (a); and

(c)   the fee for an instructor's licence,

the Director is satisfied, shall issue to the applicant an instructor's licence in Form DSR 2 in the First Schedule on which the categories and conditions contemplated in subregulation (9) have been endorsed.

(11)  The applicant shall sign the instructor's licence in the presence of the Director or the person acting on behalf of the Director.

(12) An instructor's licence shall be valid for 24 months from the date of issue thereof, but the Director may at any time suspend such licence for such period as he may determine or cancel it if he is of the opinion that—

(a) it is in the public interest, whether by reason of any offence committed by such instructor or for any other reason; or

(b) any condition of the instructor's licence is not complied with, and in such a case the Director shall notify the holder of such licence accordingly.

(13)  The holder of an instructor's licence which has been suspended or cancelled in terms of subregulation (12) shall deliver such licence forthwith to the Director.

(14) After the expiry of the period of suspension contemplated in subregulation (12), the Director shall return to the person entitled thereto the instructor's licence delivered to him in terms of subregulation (13), if the validity thereof has not yet expired.

(15)  Subject to subregulation (18) any cancellation of an instructor's licence shall be permanent.

(16) Where the holder of an instructor's licence applies, prior to the expiry thereof, for the renewal of such instructor's licence or for a new instructor's licence, the existing licence shall after the expiry thereof, remain in force until such holder is notified by the Director of the result of his application.

(17) Where the holder of an instructor's licence desires that such licence shall apply in respect of a further category of driver's licence referred to in regulation 6 (1) or that any condition thereof shall be altered, substituted or deleted, he shall apply in terms of subregulation (3) for a new instructor's licence and in such a case—

(a) the Director may dispense with the furnishing of the reports referred to in subregulations (4) and (7); and

(b) if the application is granted—

(i) the new licence shall not be issued before the existing licence has been delivered to the Director for cancellation; and

(ii) the new licence shall be valid for the unexpired period of the existing licence plus an additional 12 months.

(18) (a) any person who is aggrieved, at the refusal of instructor's licence may, within 21 days of the refusal, suspension or cancellation appeal against such refusal, suspension or cancellation to the Minister in accordance with the Road Traffic (Appeals) Regulations and shall at the same time submit a copy of such appeal to the Director;

(b) the Director shall forthwith after receipt of the copy of the appeal referred to in subparagraph (a) furnish the Minister with his reasons for the decision to which such notice refers;

(c) for the purpose of deciding an appeal in terms of subparagraph (a), the Minister may require any party to such appeal to furnish such information and evidence as he may deem expedient; and

(d) the Minister after considering the appeal referred to in subparagraph (a) may give such decision as he may deem fit.

(19) The holder of an instructor's licence, shall at all times carry such licence with him when acting as an instructor.

(20)  The holder of an instructor's licence shall keep or cause to be kept a record of instructional activity on Form DSR 5 in the First Schedule and submit such form to the Director quarterly.

(21)  This regulation shall not apply to any person—

(a) who is in the employ of any other person and who act as an instructor of fellow employees, but received no reward, other than a salary from his employer, for his services as instructor;

(b)  who acts as an instructor, but receives no reward or gain of any kind; or

(c) not referred to in paragraph (a) or (b) who has been exempted therefrom by the Director, either generally or specifically.

(22)  Where in any prosecution for a contravention of subregulation (1) it is proved that any person has—

(a) instructed any other person in the driving of a motor vehicle; 

(b) taught any other person the rules of the road or road traffic signs; or

(c) supervised any other person in the driving of a motor vehicle, it shall be presumed, until the contrary is proved, that he so instructed, or taught such other person for gain or reward.

(23)  Notwithstanding anything contained in subregulation (12), any instructor's licence issued under the Act now repealed shall remain valid until the expiry date indicated on such licence unless such licence has been suspended or cancelled in terms of the Act.

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24.          Driving schools to be licensed

(1) No person or organization shall—

(a) act or hold himself or itself out as a driving school unless such person or organization is the holder of a driving school licence; and

(b) employ any other person as an instructor or make use of his services as an instructor, unless such other person is the holder of an instructor's licence.

(2) No person or organization shall be eligible to hold a driving school licence unless he or it shall satisfy the following minimum requirements—

(a) a school premises suitable for the purpose and provided with the necessary sanitation facilities and the required instructional and safety equipment;

(b)  any portion of a school premises used for theoretical instruction to accommodate 5 or more students with a floor area of at least two square metres for each intended student;

(c) all persons acting as instructors to hold valid instructor's licences;

(d) all vehicles used for instruction to be insured and the insurance cover carried by the driving school either on the vehicle or by separate policy to include death, bodily injury and medical expenses for all drivers under instruction;

(e)  all vehicles used for instruction to—

(i) have the name of the driving school and a warning triangle prominently displayed on a plate affixed to the roof of the vehicle;

(ii) be not more than ten years old;

(iii) have valid Malawi registration and licence;

(iv) have a valid certificate of fitness; and be road worth at all times; 

(f) all vehicles used for instruction to be equipped with—

(i) dual brake controls;

(ii) dual clutch controls if applicable;

(iii) an additional rear view mirror providing the instructor with an unobstructed view to the rear of the vehicle;

(iv) adjustable driver's seat; and

(v) approved safety belts and fire extinguisher;

(g) have available at all times at least two vehicles of a type corresponding to each category of driving licence referred to in regulation 5 (1) for which instruction is offered;

(h) limit the maximum number of students per vehicle per day who receive behind the wheel instruction in accordance with the curriculum approved by the Director for each category of driving licence referred to in regulation 5(1);

(i) all instruction offered in respect of each category of driving licence referred to in regulation 5(1) shall be in accordance with the approved curriculum for that category of driving licence; and

(j)  the operator of the driving school holds a valid instructor's licence for the highest category of driver's licence referred to in regulation 5 (1) for which instruction is offered by such driving school.

(3) Any person or organization desiring to obtain or renew a driving school licence shall, apply to the Director on Form DSR 3 in the First Schedule in respect of one or more of the categories of driver's licence referred to in regulation 5 (1) and such application shall be accompanied by—

(a) acceptable identification of the applicant and, if the applicant is a body of person, that of his proxy and representative and a letter of proxy;

(b) the applicant's instructor's licence;

(c) the applicant's business licence;

(d) the mailing address and physical address of the driving school premises;

(e) the name, mailing address and physical address of all owners stock holders and or directors as the case may be;

(f) the name, mailing address, physical address and instructor's licence number of all proposed instructors; and

(g) the appropriate prescribed fee.

(4) Upon receipt of an application in terms of subregulation (3) to—

(a) obtain a driving school licence, the Director shall submit such application; or

(b)  renew a driving school licence, the Director may submit such application, to the Malawi Police Service for a report as to whether any conviction has been recorded against the applicant, owners, stock holders or directors as the case may be as well as in respect of any other matter which, in the opinion of the Malawi Police Service, is relevant to the application, and the Malawi Police Service is hereby authorized to report accordingly.

(5) A member of the Malawi Police Service may take the finger and palm prints of the applicant to enable him to report in terms of subregulation (4).

(6) If the Director, having regard to the report referred to in subregulation (4) and any relevant facts known to him or ascertained by him, is satisfied that the applicant is not of good character he shall refuse the application and notify the applicant accordingly.

(7) Where the Director does not refuse the application in terms of subregulation (6), the Director shall cause the proposed premises for the driving school, the instructional and safety equipment and the vehicles to be used for instruction to be examined and tested as the case may be by a competent person or persons designated by the Director, in order to obtain a report on the competence of the applicant to act as a driving school:

Provided that if the applicant applies to renew a driving school licence, the Director may dispense with such examination and test.

(8) The Director shall consider the application with due regard to the reports referred to in subregulations (4) and (7) and any relevant facts known to him or ascertained by him, and if he is satisfied that the applicant—

(a) is of good character; and

(b) complies with such further requirements as the Director may determine, he shall, subject to conditions as he may determine, grant the application in respect of one or more of the categories of drivers' licences referred to in regulation 5(1).

(9) Where the Director grants an application, he shall forward a written authority in such form as he may determine, to the applicant for the issue of a driving school licence and in which all categories of driving licence instruction and all conditions subject to which the application has been granted, are specified.

(10) Upon receipt from the applicant of—

(a) the written authority contemplated in subregulation (9);

(b) the registration documents of all vehicles to be used for instruction;

(c) the insurance policies providing cover carried by the driving school either on the vehicle or by separate policy to include death, bodily injury and medical expenses for all drivers under instruction; and

(d)  the fee for a driving school licence;

the Director if satisfied, shall issue to the applicant a driving school licence on Form DSR 4 in the First Schedule on which the categories and conditions contemplated in subregulation (9) have been endorsed.

(11) The applicant shall sign the driving school licence in the presence of the Director or the person acting on behalf of the Director.

(12) A driving school licence shall be valid for 24 months from the date of issue thereof, but the Director may at any time suspend such licence for such period as he may determine or cancel it if he is of the opinion that—

(a)  it is in the public interest, whether by reason of any offence committed by such driving school or any of its employees or for any other reason; or

(b)  any condition of the driving school licence is not complied with, and in such a case the Director shall notify the holder of such licence accordingly.

(13) The holder of a driving school licence which has been suspended or cancelled in terms of subregulation (12) shall deliver such licence forthwith to the Director.

(14) After the expiry of the period of suspension contemplated in subregulation (12), the Director shall return to the person or organization entitled thereto the licence delivered to him in terms of subregulation (13), if the validity thereof has not yet expired.

(15) Subject to subregulation (18) any cancellation of a driving school licence shall be permanent.

(16) Where the holder of a driving school licence applies, prior to the expiry thereof, for the renewal of such driving school licence or for a new driving school licence, the existing licence shall after the expiry thereof, remain in force until such holder is notified by the Director of the result of his application.

(17) Where the holder of a driving school licence desires that such licence shall apply in respect of a further category of driver's licence referred to in regulation 5 (1) or that any condition thereof shall be altered, substituted or deleted, he shall apply in terms of subregulation (3) for a new driving school licence, and in such a case—

(a) the Director may dispense with the furnishing of the reports referred to in subregulations (4) and (7); and

(b) if the application is granted—

(i) the new licence shall not be issued before the existing licence has been delivered to the Director for cancellation; and

(ii) the new licence shall be valid for the unexpired period of the existing licence plus an additional twenty-four months.

(18)  (a) Any person who is aggrieved, at the refusal of the Director to issue, renew or alter a driving school licence or at the suspension or cancellation of a valid driving school licence may, within 21 days of any refusal, suspension or cancellation appeal against such refusal to the Minister in accordance with the Road Traffic (Appeals) Regulations and shall at the same time submit a copy of such appeal to the Director;

(b) The Director shall forthwith after receipt of the copy of the appeal referred to in subparagraph (a) furnish the Minister with his reasons for the decision to which such notice refers;

(c) for the purpose of deciding an appeal in terms of subparagraph (a), the Minister may require any party to such appeal to furnish such information and evidence as he may deem expedient; and

(d) the Minister after considering the appeal referred to in subparagraph (a) may give such decision as he may deem fit.

(19) The holder of a driving school licence shall keep or cause to be kept a record of instructional activity on Form DSR 6 in the First Schedule and submit such form to the Director quarterly.

(20) Any examiner in uniform or who produces his identity card may, during normal hours of instruction, inspect any premises, vehicles, equipment, records or any other place or thing used in connexion with teaching for gain the driving of motor vehicles.

(21) Notwithstanding anything contained in subregulation (12), any driving school licence issued under the Act now repealed shall remain valid until the expiry date indicated on such licence unless such licence has been suspended or cancelled in terms of the Act.

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PART IV

PROFESSIONAL DRIVING PERMIT

25. Permit required by driver of motor vehicle conveying persons or goods for reward

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

(a) motor vehicle conveying persons or goods for reward;

(b) a motor vehicle drawing a motor vehicle referred to in goods for paragraph (a); or

(c) a breakdown vehicle, except in accordance with the terms and conditions of a professional driving permit issued to him under this Part and unless he has such permit with him in such vehicle.

(2)  The provisions of subregulation (1) shall not apply—

(a) to any person driving, otherwise than for hire or reward, a motor vehicle normally used for the conveyance of persons or goods for reward on a public road where such vehicle has been hired out to such person without a driver;

(b) to an examiner or traffic police officer performing his duties as contemplated in section 7 (1) or section 8 (e) of the Act;

(c) to a person driving a motor vehicle on a public road for the purpose of testing such a motor vehicle in the performance of his duties;

(d) to a person driving a hearse;

(e) to a person driving an ambulance; and

(f) to a person driving a goods vehicle except for a breakdown vehicle, the gross vehicle mass rating of which does not exceed 3,500 kilograms.

(3)  Any document issued by a competent authority in a prescribed territory and serving a similar purpose to that of a professional driving permit shall, subject to the terms and conditions thereof, be deemed to be a professional driving permit for the purposes of subregulation (1).

26.          Classification of and authority conveyed by professional driving permit

A professional driving permit shall, subject to the provisions of this Part and Part II authorize the driving of a motor vehicle conveying—

(a) persons or persons and goods for reward; or

(b) goods only for reward, and shall be classified accordingly:

Provided that a professional driving permit of the class referred to in paragraph (a) shall authorize the driving of a motor vehicle of the class referred to in paragraph (b).

27.          Application for professional driving permit

(1) A person desiring to obtain a professional driving permit shall, subject to the provisions of this Part, apply therefor on Form DL 1 in the First Schedule to the Director.

(2) An application referred to in subregulation (1) shall—

(a) be accompanied by the fee provided for a professional driving permit;

(b) be accompanied by a licence authorizing the applicant to drive the motor vehicle concerned in terms of the Act;

(c) be accompanied by any professional driving permit already held by the applicant;

(d) be accompanied by two copies of a photograph of the applicant complying with the provisions of regulation 8 (a);

(e) contain a declaration in such form as approved by the Minister as to whether or not the applicant is a person who would be disqualified in terms of section 21 of the Act and regulation 7 and, in the case of a professional driving permit for the conveyance of passengers or passengers and goods for reward, a medical certificate on Form DL 3 in the First Schedule signed and dated by a medical practitioner within 30 days preceding the date of application stating that, in the opinion of such practitioner, the applicant would not be disqualified; and

(f) contain details of any professional driving permit already held by the applicant.

28.       Conditions governing issue of professional driving permit

(1) A professional driving permit shall not be issued or renewed by the Director—

(a) unless, the applicant therefor is over eighteen and under sixty-one years of age, and is in possession of a licence authorizing the driving of the motor vehicle concerned in terms of the Act;

(b) unless he is satisfied that the applicant—

(i) is competent to drive such vehicle;

(ii) having regard to any convictions recorded against him, is of good character; and

(iii) is not a person who would be disqualified in terms of section 21 of the Act and regulation 7; and

(c) where the applicant therefor has been convicted of driving a motor vehicle while under the influence of intoxicating liquor or a drug having a narcotic effect, or of driving a motor vehicle while the concentration of alcohol in his blood exceeded a statutory limitation or of reckless driving.

(2) For the purposes of subregulation (1) (b) (iii), the applicant shall furnish, at his own expense, such medical evidence as the Director may require, whether or not medical evidence has been furnished in terms of regulation 27 (2) (e).

(3)  (a) The Director shall submit every application for a professional driving permit, other than for a renewal of such permit, and may submit any application for the renewal of a professional driving permit to the Malawi Police Service for a report as to whether the applicant has any convictions recorded against him and any member of the Malawi Police Service is hereby authorized to report accordingly.

(b) for the purpose of identifying any applicant referred to in paragraph (a), any member of the Malawi Police Service shall be entitled to take the finger and palm prints of such applicant.

(4)  No person shall be entitled to obtain a professional driving permit—

(a) during any period in which a professional driving permit of which he is the holder, is suspended in terms of this Part; or

(b)  if any professional driving permit of which he was the holder has been cancelled under this Part.

(5) Where the Director issues a professional driving permit authorizing the conveyance of persons or persons and goods for reward, to a person who is the holder of a professional driving permit authorizing the conveyance of goods only, such person shall forthwith surrender such latter permit to the Director for cancellation.

(6)  A professional driving permit shall, subject to the provisions of this Part, be valid for a period of twenty-four months from the date of issue thereof or, if the applicant therefore holds an unexpired professional driving permit of the same class, for a period of twenty-four months from the date following upon the date of expiry of such unexpired professional driving permit:

Provided that any professional driving permit issued or deemed to be issued under the Act shall cease to be valid in Malawi upon the day the holder of such permit attains the age of sixty-one years.

(7)  Where the holder of a professional driving permit applies, before the expiry thereof, for a new professional driving permit, such first-mentioned permit shall, notwithstanding anything to the contrary contained in subregulation (6), remain in force and effect until such holder is notified of the result of his application for such new professional driving permit by the Director or, in the event of an appeal in terms of regulation 29 (3), by the Minister.

29.          Issue of professional driving permit

(1)  The Director, upon being satisfied that an applicant referred to in regulation 27 is entitled to be issued with a professional driving permit of the class applied for, shall upon payment of the fee provided for, issue a professional driving permit on such form as approved by the Minister to the applicant.

(2) One copy of the photograph referred to in regulation 27 (2) (d) shall be affixed to the professional driving permit and the other copy shall be affixed to the register or record referred to in regulation 33.

(3) (a)  Any person who is aggrieved at the refusal of the Director to issue to him a professional driving permit may, within 21 days of any refusal, appeal against such refusal to the Minister in

(b) The Director shall forthwith after receipt of the copy of the appeal referred to in subparagraph (a) furnish the Minister with his reasons for the decision to which such notice refers.

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

(d)  The Minister after considering the appeal referred to in subparagraph (a) may give such decision as he may deem fit.

30.          Suspension or cancellation of professional driving permit by the Director

(1) Where any circumstance arises in relation to the holder of a professional driving permit issued in terms of regulation 30 which, in the opinion of the Director, would have justified him in refusing to issue a professional driving permit to such holder or such holder has been convicted of a second or subsequent offence which, in the opinion of the Director, relates to the driving of a motor vehicle or a failure to stop after or report an accident, the Director may suspend or cancel the professional driving permit held by such person and in such event the Director shall notify that person accordingly.

(2) If a suspension or cancellation is effected in terms of subregulation (1), the person concerned shall forthwith surrender the professional driving permit to the Director.

(3) Upon the expiry of any period of suspension referred to in subregulation (1), the Director shall restore to the person entitled, the professional driving permit surrendered to him in terms of subregulation (2), if the validity thereof has not expired.

(4)  Subject to regulation 31 any cancellation of a professional driving permit shall be permanent.

(5) Where any circumstance arises in relation to the holder of a professional driving permit issued outside Malawi which, in the opinion of the Director, would have justified the Director in refusing to issue a professional driving permit to such holder or such holder has been convicted of a second or subsequent offence which, in the opinion of the Director, relates to the driving of a motor vehicle or a failure to stop after or report an accident, the Director may, inform such person that such permit is not longer in force and effect within Malawi and from the date such person is so informed such permit shall cease to be in force and effect within Malawi.

31.          Appeal to the Minister

(1) Any person who is aggrieved, at the refusal of the Director to issue to him or renew or alter a professional driving permit or at the suspension or cancellation of a valid permit may, within 21 days of any refusal, suspension or cancellation appeal against such refusal, suspension or cancellation to the

(2) The Director shall forthwith after receipt of the copy of the appeal referred to in subregulation (1) furnish the Minister with his reasons for the decision to which such notice refers.

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

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

32. Permitting or assisting person not being the holder of a professional permit to drive motor vehicle, conveying persons or goods for reward

No person who—

(a) is the owner of or is in charge or control of a motor vehicle shall employ or permit any other person to drive such vehicle on a public road conveying persons or goods for reward, unless such other person is the holder of a professional driving permit where such permit is required in terms of this Part for that purpose; or

(b) is the holder of a professional driving permit under, this Part, shall allow such permit to be used by any other person.

33. Circumstances in which motor vehicle presumed to be a motor vehicle conveying persons or goods for reward

If in any prosecution under the Act it is proved that a person has conveyed persons or goods in a motor vehicle on a public road, it shall be presumed, until the contrary is proved that he so conveyed such passengers or goods for hire or reward.

34.  Director to keep register of professional driving permits

(1) The Director shall keep a suitable register or record of all persons to whom he has issued a professional driving permit.

(2) The Director shall record or keep record in the register in terms of subregulation (1), particulars of all convictions by and orders of any court affecting any professional driving permit issued by him and of any suspension, cancellation or endorsement of any such permit.

35.          Professional permit issued contrary to provisions of this part to be void

A professional driving permit issued contrary to the driving provisions of these regulations shall be void and the holder thereof shall, on demand by the Director or by a traffic police officer, deliver forthwith such permit to the Director or such traffic police officer.

Top

 

PART V

INTERNATIONAL DRIVING PERMITS

36.          International driving permits for use outside

(1)  The Director may issue for use outside Malawi an international driving permit to a person who satisfies the Malawi Director—

(a) that he holds and has held for at least one year a valid Malawi driver's licence for the categories of motor vehicles for which the permit is to be issued; and

(b)  that he is resident in Malawi.

(2)          Applications for an international driving permit shall be made to the Director on Form DL 1 in the First Schedule and shall be accompanied by—

(a)          a valid Malawi driving licence held by the applicant;

(b)          two photographs of the applicant complying with the provisions of regulation 8 (a); and

(c)           by the prescribed fee for an international driving permit.

(3)          Before issuing an international driving permit one copy of the photograph shall be affixed in the space provided and the Director or the person acting on behalf of the Director shall apply an official stamp in such a manner as to cover part of the photograph and part of the page of the permit to which the photograph is affixed.

37.          Validity of International driving permits

International driving permit shall, unless suspended by court, remain in effect for, 12 months from the date of issue.

38.          Form of International driving permit under the 1926 Convention

International driving permits issued for use in a 1926 Convention country shall be in Form B in the Second Schedule.

39.          Age limit for obtaining international driving permit

(1)  No person shall obtain or attempt to obtain an international driving permit on Form B in the Second Schedule unless he has attained the age of eighteen years.

(2) Any person who acts in contravention of this regulation shall be guilty of an offence.

40.          Form of international driving permit under the 1949 Convention 

International driving permits issued for use in a 1949 Convention country shall be in Form A in the Second Schedule.

41.          Age limit for obtaining international driving permit under the 1949 Convention

No person shall obtain or attempt to obtain a driving permit in Form A in the Second Schedule—

(a)   to drive an autocycle or invalid carriage unless he has attained the age of sixteen years;

(b)   to drive a motorcycle unless he has attained the age of seventeen years; and

(c)  to drive any other motor vehicle specified in the said Form A unless he has attained the age of eighteen years.

 

FIRST SCHEDULE

MALAWI GOVERNMENT

FORM DL 1

ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

APPLICATION FOR LEARNER'S OR DRIVER'S LICENCE, INTERNATIONAL DRIVING PERMIT AND PROFESSIONAL DRIVING PERMIT

1. Applicant information

Surname             

Other names    

Date of birth     

Present residential address        

Permanent residential address

Mailing address

2. Type of application, please put an X in the box that applies:

New Renewal

Duplicate: My original licence has been lost/destroyed/defaced in the following circumstances

Category and class of licence or permit requested, please put an X in the box or boxes that

apply:

Learner's licenceInternational permitDriver's licenceProfessional permit

3. Number of previous Malawi driving licence or permit held (if any)

4. Applicant certificate I certify that—

(a) I am not disqualified from obtaining or holding any learner's licence, driver's licence, international driving permit or professional driving permit requested by this application under sections 21, 29 and 50 of the Act and regulation 30; and

(b)  no learner's licence, driver's licence, international driving permit or professional driving permit held by me within the past three years has been cancelled.

Date

Signature/thumbprint of Applicant

5. Notification of change of name, residential or postal address of learner's or driver's licence holder

Note: for name or address change only please complete paragraph 5 only

Original surname             

Other names    

Date of birth     

New surname (if applicable)

Original residential address        

Original postal address 

New postal address (if applicable) ... Learner's or driver's licence number Date  

Signature/thumbprint or licence holder FOR USE BY ROAD TRAFFIC DEPARTMENT ONLY

Learner's Licence No      issued

Driver's Licence No          issued

International Driving Permit No issued

Professional Driving Permit No  issued

Fee paid              

PHOTOGRAPH (To be pinned to and not permanently affixed to this form)

Date of issue     

Issuing office    

Issued by            

for Director of Road Traffic FORM DL 2

MALAWI GOVERNMENT

ROAD TRAFFIC ACT ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS

No         

(REGULATION 3)

EXAMINATION PASS CERTIFICATE

1. Applicant information

Surname             

Other names    

Date of birth     

Present residential address        

Permanent residential address 

Mailing address               

The above-named, whose signature/thumbprint has been placed below in my presence, has been tested and passed the examination indicated in section 2, subject to the special conditions noted below:

Special conditions           

I have endorsed a photograph of the applicant with my opinion that it is a true likeness.

2. Category and class of licence for which examination was passed

Learner's licenceDriver's licenceClass A1Class A1Class AClass AClass BClass BClass EBClass EBClass C1Class C1Class EC1Class EC1Class CClass CClass ECClass EC

Date     

Signature/thumbprint of Applicant Issuing office             

Signature of Road Traffic Examiner Original—To applicant.

Duplicate—To Director of Road Traffic with Form DL 1 Application for Learner's or Driver's

Licence.

Triplicate—To remain in book.

FORM DL 3

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

MEDICAL CERTIFICATE

For person requesting a Class C, EC, E1 and EC1 Learner's or Driver's Licence For person 65 years of age requesting any class of Learner's or Driver's Licence For person requesting a Driving instructor's licence

I certify that      

of (address)      

a registered medical practitioner entitled to practice medicine in Malawi have today personally examined           

of (address)      

an applicant for Class C, EC, C1 or EC1 learner's or driver's licence an applicant over sixty-five years of age an applicant for a driving instructor's licence

I further certify that I have explained the contents of the subjoined "Declaration by Applicant” to the applicant and that his signature/thumbprint has been fixed thereto in my presence.

(a) Apparent age:            (b)

Vision without glasses: can applicant read a car number plate at a distance of 23 metres?Yes No

Vision without glasses R                 L             Vision with glasses R        L            

(c)           Colour perception:          (i) Normal by ishihara preudoisochromatic plate

test?YesNo

(ii) If not, test for signal red, signal green and amber by a suitable lantern.(l)        (2)

(d)          Hearing:

NormalSatisfactoryInsufficient (e) Limbs: Has applicant unrestricted use of all limbs?Yes No If not, specify limitations:         

                 (f) Use of alcohol

or drugs:Is applicant free from suspicions of being intemperate or addicted to drugs?YesNo (g)

General health: Are reactions normal?YesNo      Is applicant free from any

disease temporary or otherwise, which would induce fatigue or faintness when driving long distances?YesNo

As a result of my examination, I am satisfied Not satisfied

(1)          that the applicant is medically fit to drive a motor vehicle of Class C, EC, C1 or EC1

(2)          that the applicant who is a person of 65 years of age or over, is medically fit to drive a motor vehicle of the classes permitted

(3)          that the applicant is medically fit to perform the duties of a driving instructor

Date of examination:    

Signed:

(Registered Medical Practitioner)

DECLARATION BY APPLICANT

I declare that I am not subject to epilepsy, and do not suffer from fits; and that my physique, vision, hearing and bodily and mental fitness are such as to warrant the issue to me of an instructor's licence.

I further declare that the answers to the questions put to me by the medical examiner are true and complete and I understand that if any statement made by me is to my knowledge false or in any material respect misleading, I am liable to the suspension or cancellation of any licence or permit granted as a result of this examination.

Date

Signature of applicant

NOTE: A registered medical practitioner may alter the certificate to meet special circumstances. Please place an X in each box as applicable.

FORM DL 4

MALAWI GOVERNMENT

Cancellation or Endorsement (by Court Order)

PAGE 4

CLASSES OF MOTOR VEHICLES (Delete particular classes as necessary)

Learner's licenceDriver's licenceOther classes coveredClass A1Class A1NilClass AClass AA1Class BClass BNilClass EBClass EBBClass C1Class C1BClass EC1Class EC1C1, EB and BClass CClass CC1 and BClass ECClass ECC, EC1, C1, EB and B

PAGE 5—Blank

PAGE 6

Original Licence Expires

FORM DL 5

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

DUPLICATE DRIVING LICENCE PAGE 1

Duplicate Driving Licence No      

Name   

Address (permanent)   

Address (present)

is hereby licensed to drive motor vehicles of the class(es) marked with an X under "Classes of Motor Vehicles”, including those in the column headed "Other classes covered”.

Signature/thumbprint of holder

Director of Road Traffic

Date and place of issue

THIS LICENCE IS THE PROPERTY OF THE MALAWI GOVERNMENT PAGE 2

Duplicate Driving Licence No      

Photograph of Holder

No. of Professional Driving Permit           

PAGE 3

Cancellation or Endorsement (by Court Order)

PAGE 4

CLASSES OF MOTOR VEHICLES (Delete particular classes as necessary)

Learner's licenceDriver's licenceOther classes coveredClass A1Class A1NilClass AClass AA1Class BClass BNilClass EBClass EBBClass C1Class C1BClass EC1Class EC1C1, EB and BClass CClass CC1 and BClass ECClass ECC, EC1, C1, EB and B

PAGE 5—Blank

PAGE 6

Original Licence Expires DSR 1

MALAWI GOVERNMENT

ROAD TRAFFIC ACT 

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

APPLICATION OF AN INSTRUCTOR'S LICENCE

I hereby apply for an instructor's licence. I certify that the particulars given below are true, that I am not addicted to the use of narcotic drugs or to the excessive use of intoxicating liquor, and that I am not disqualified from holding a driving licence.

Name   

Postal address  

Residential address        

Date of birth     

Number of current driver's licence held

Number of previous instructor's licence held (if any)

Languages spoken          

Give particulars of experience as a licensed driver ...,

Give details of any convictions in connection with the driving

Class(es) of driver's licence for which instructor's licence is requested

Driver's licence

Class A1

Class A

Class B

Class EB

Class C1 

Class EC1

Class C

Class EC

I enclose the following in support of this application:

(1)          My current Malawi driver's licence.

(2)          Two identical copies of a photograph of myself taken within the last 30 days.

(3)          A medical certificate in the prescribed form DL. 3 completed by registered medical practitioner within the last 30 days.

(4)          A certificate issued in my name indicating successful completion of education at or above the level of junior certificate.

(5)          A certificate issued in my name indicating successful completion of a driving instructor training programme approved by the Director.

Date                     

Signature of applicant DSR. 2
 

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

INSTRUCTOR'S LICENCE No         

Name   

Postal address  

Residential address

Holder of driver's Licence No.

is hereby authorized to act as an instructor of learner drivers holding the class or classes of learner's licence indicated below by an X.

PHOTOGRAPH

Learner's licence

Class A1

Class A

Class B

Class EB

Class C1

Class EC1

Class C

Class EC

Signature of Instructor 

Date of expiry  

Date of issue     

Director of Road Traffic DSR. 3
 

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

APPLICATION FOR DRIVING SCHOOL LICENCE Applicant information

The applicant is a: Corporation    Partnership        Single owner

  Other (explain)               

Name of applicant Postal address            

Physical address of school premises

Applicant's business Licence No                Previous driving

school

Licence No. (if any)        

If any applicant is a body of persons please provide the following for his proxy or representative

Name of representative              

Licence class requested

Please put an X in all boxes for which the driving school licence is requested.

Driver's licence Class A1 Class A Class B Class EB Class C1 Class EC1 Class C Class EC

Instructor information

Give details of instructors who will be employed together with the number of their instructor's

licences

No. of Instructor's LicenceName of Instructorl    2.

                3.                            4.

Details of vehicles to be used for instruction

Year       manufacturedMakeModelRegistration

No         

Details of any insurance policy that covers the use of a vehicle as a driving school vehicle

Name    of            CompanyNo.     of            PolicyType          of            PolicyExpiration

Date     

Applicant's certificate

I hereby apply for a driving school licence. I certify that the particulars given above are true. Date            

Signature of Applicant or Applicant's Representative DSR. 4

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING SCHOOL LICENCES) REGULATIONS (REGULATION 3)

DRIVING SCHOOL LICENCE No   

Name   

Postal address  

is hereby authorized to establish/maintain a driving school in accordance with the following conditions:

Physical address of school premises

Maximum number of students:

Class of driver's licence for which instruction may be given is indicated below by an X

Driver's licence

Class A1

Class A

Class B

Class EB

Class C1

Class EC1

Class C

Class EC

Expiration Date

Issue Date          

Director of Road Traffic DRS 5
 

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (Regulation 3)

RECORD TO BE KEPT BY HOLDER OF INSTRUCTOR'S LICENCE

Name of instructor         

Number of instructor's licence  

DateName of person instructedPeriod of instructionFromTo

Date:

Signature of Instructor

NOTE: This form to be submitted quarterly to the Director of Road Traffic DRS 6
 

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

RECORD TO BE KEPT BY HOLDER OF DRIVING SCHOOL LICENCE

Name of holder of driving school licence              

No. of Driving School licence      

Driving School located at              

Name of studentDate of arrivalClass of driver's licence for which instruction givenPeriod of instructionClass of driver's licence for which official test takenResult of testDate of departureFees paidRemarks

Date     

Signature of Licence Holder or Authorized Representative

NOTE: This form to be submitted quarterly to the Director of Road Traffic.

FORM 4

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATIONS 3)

MALAWI

INTERNATIONAL MOTOR TRAFFIC INTERNATIONAL DRIVING PERMIT

(CONVENTION OF INTERNATIONAL ROAD TRAFFIC OF 1949)

Issued at             

Date     

Seal or stamp of authority

Signature or seal of issuing authority PAGE 2

This permit is valid in the territory of all the contracting States, with the exemption of the territory of the contracting State where issued, for the period of one year from the date of issue, for the driving of vehicles included in the category or categories mentioned on the last page of this permit.

List of contracting States (optional)

It is understood that this permit shall in no way affect the obligations of the holder to conform strictly to the laws and regulations relating to residence or to the exercise of a profession which are in force in each country through which he travels.

FORM OF INTERNATIONAL DRIVING PERMIT UNDER CONVENTION OF 1949 PART I

PAGE 3

                Particulars           concerning the

driver:Surname                                1Other  names

                2Place   of            birth

                3Date    of            birth

                4Permanent       place     of            residence

                5

Vehicles for which the permit is valid

Motorcycles, with or without side-car, invalid carriages and three-wheeled motor vehicles with an          unladen                weight  not exceeding 400           kilos       (900       lbs)

A

Motor vehicles used for the transportation of passengers and comprising in addition to the driver's seat, at most eight seats, or those used for the transport of goods and having a permissible maximum weight not exceeding 3,500 kilos (7,700 lbs). Vehicles in this category may be coupled with a light trailer                B

Motor vehicles used for the transportation of goods and of which the permissible weight exceeds 3,500 kilos (7,700 lbs). Vehicles in this category may be coupled with a light trailer

C

Motor vehicles used for the transportation of passengers and comprising, in addition to the driver's seat, more than eight seats. Vehicles in this category may be coupled with a light trailer             D

More vehicles of categories B, C or D, as authorized above, with other than a light trailer               E

"Permissible maximum weight" of a vehicle means the weight of the vehicle and its maximum load when the vehicle is ready for the road.

"Maximum load” means the weight of the load declared permissible by the competent authority of the country of registration of the vehicle.

"Light trailers” shall be those of a permissible maximum weight not exceeding 750 kilos (1,650 lbs)

Holder of this permit is deprived of the right to drive in (country)

by reason of      

Seal or stamp of authority:Place                Date

                Signature              

Should the above space be already filled, use any other space provided for "Exclusion

The entire last page (Parts 1 and 11) shall be drawn up in French. Additional pages shall repeat in other languages the text of Part 1 of the last page. They shall be drawn up in English, Russian, Chinese and Spanish, and other languages may be added.

PART II

MALAWI GOVERNMENT ROAD TRAFFIC ACT

ROAD TRAFFIC (DRIVING LICENCES) REGULATIONS (REGULATION 3)

PAGE 1

FORM

FORM OF INTERNATIONAL DRIVING PERMIT UNDER CONVENTION OF 1926 MALAWI

INTERNATIONAL MOTOR TRAFFIC INTERNATIONAL DRIVING PERMIT (INTERNATIONAL CONVENTION OF 24TH APRIL, 1926)

ISSUE OF PERMIT

Issued at             

Date     

Seal of authority (Signature of issuing authority)

PAGE 2

The present permit is valid in the territory of all the under mentioned contracting States for the period of one year from the date of issue, for the driving of vehicles included in the category or categories mentioned in page. This should be a reference to the last page of the permit.*Here insert list of contracting states.

It is understood that this permit in no way diminishes the obligation of the holder to conform strictly to the laws and regulations relating to residence or to the exercise of a profession which are in force in each country through which he travels.

PAGE 3

PARTICULARS CONCERNING THE DRIVER

Photograph

Seal of authority

Surname:            (1)

Other names:     (2)

Place of birth:    (3)

Date of birth:     (4)

Home address: (5)

N.B. The above particulars concerning the driver, except the photograph, should be repeated in as many languages as may be necessary to enable the international permit to be used in all contracting States mentioned above.

(Name of Country) exclusion

M. (Surname and other names)

authorized as above by the authority of (country)           

is deprived of the right to drive in (country)        

by reason of      

Seal        of            authority:            Place:                    Date:

                Signature:          

Page 5 and following pages should repeat the particulars given on page 3 translated into as many languages as may be necessary to enable the international permit to be used in all the contracting States mentioned on page 2.

Here began last page.

A (1)B (2)C (3)Seal of authoritySeal of authoritySeal of authority

(1)          A. Motor vehicles of which the laden weight does not exceed 3,500 kilos (in all languages).

(2)          B. Motor vehicles of which the laden weight exceeds 3,500 kilos (in all languages).

(3)          C. Motorcycles, with or without side-car (in all languages).

1.

2.

3.

4.

5.

ROAD TRAFFIC (SPEED LIMITS) REGULATIONS 

REGULATION

PART I

PRELIMINARY

1.            Citation

2.            Interpretation

PART II

SPEED LIMITS 3. Prohibition of exceeding speed limit

4.            General speed limits

5.            Speed limit for particular class of vehicle

6.            Speed limit in relation to tyres

7.            Speed limit in relation to braking capability

8.            Offences and penalties

 

 

ROAD TRAFFIC (SPEED LIMITS) REGULATIONS under s. 181 G.N.21/2000

PART I

PRELIMINARY

1. Citation

These Regulations may be cited as the Road Traffic (Speed Limits) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

"agricultural vehicle” means a vehicle designed or adapted solely for agricultural activities and includes a farm tractor but does not include a goods vehicle;

"articulated motor vehicle” means a combination of motor vehicles consisting of a truck-tractor and semi-trailer;

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

"construction trailer” means a trailer incorporating water-boring machinery or construction machinery of the nature of a crane, grader, shovel, scraper, pipelayer, cablelayer, compressor or a trailer incorporating plant or equipment of the following nature—

bitumen or tar heater, bitumen, tar or water sprayers or distributors, crushers, extending towers or ladders, rippers or rooters, road sweepers or power brooms, rollers, sand and stone driers, soil, concrete, tar or bitumen mixers, stone, spreaders or distributors, water pumps, water tanks, welding units:

"construction vehicle” means any vehicle which is—

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

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

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

"highway” means a road having a paved and tarred surface of a width not less than 5.5 metres;

"light trailer” means a trailer fitted with pneumatic tyres, the gross weight of which does not exceed one thousand kilograms;

"public service vehicle” means any vehicle carrying passengers for hire or reward and includes—

(a)          a bus;

(b)          a contract car;

(c)           a hire car;

(d)          a taxi; and

(e)          a goods vehicle adapted for the carriage of passengers;

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

PART II

SPEED LIMITS

3.            Prohibition of exceeding speed limit

No person shall operate on a public road any motor vehicle at a speed exceeding—

(a)          the speed limit indicated by appropriate road traffic signs in respect of such public road;

(b)          the general speed limit which in terms of regulation 4 applies in respect of such public

road; or

(c)           the speed limit which in terms of regulation 5 applies in respect of the class of motor vehicle concerned.

4.            General speed limit

A general speed limit of—

(a)          50 kilometres per hour shall apply in respect of every public road or section thereof, situated within an urban or built up area;

(b)          80 kilometres per hour shall apply in respect of every public road or section thereof, other than a highway, situated outside an urban or built up area; and

(c)           100 kilometres per hour shall apply in respect of any highway situated outside an urban or built up area.

5.            Speed limit for particular class of vehicle

(1) Under section 92 of the Act, a speed limit of—

(a)          80 kilometres per hour shall apply in respect of—

(i)            a goods vehicle the gross vehicle mass of which exceeds 9,000 kilograms;

(ii)           a combination of motor vehicles consisting of a goods vehicle, being the drawing vehicle, and one or two trailers of which the sum of the gross vehicle mass of the goods vehicle and of the trailer or trailers exceeds 9,000 kilograms;

(iii)          an articulated motor vehicle, of which the gross combination mass of the truck- tractor exceeds 9,000 kilograms;

(iv)         an articulated passenger vehicle; and

(v)          a bus with seating capacity for 27 or more passengers excluding the driver;

(b)          40 kilometres per hour shall apply in respect of—

a construction vehicle;

(iii) an agricultural vehicle whether drawing a trailer or not;

(c)           90 kilometres per hour shall apply in respect of—

(i)            a minibus; or

(ii)           any motor vehicle not described in paragraphs (a) and (b) when drawing a light trailer.

(2) There may be displayed on the rear of a motor vehicle contemplated in subregulation (1), a sign denoting that such goods vehicle is subject to a speed limit of 80 kilometres per hour, and such sign shall comply with the requirements of the Standard Specification of the Malawi Bureau of Standards, "Retro-reflective and fluorescent warning sign for road vehicles” Part III "Signs other than triangles, chevron signs and abnormal load vehicle signs”.

6.            Speed limit in relation to tyres

Notwithstanding the provisions of regulations 4 and 5, no person shall operate on a public road a public service vehicle or goods vehicle, and which is fitted with pneumatic tyres, at a speed in excess of the speed referred to in the Standard Specification of the Malawi Bureau of Standards, "Motor Vehicle Tyres and Rims: Dimensions and Loads”, Part I-1992 or as approved by the manufacturer of the tyre concerned.

7.            Speed limit in relation to braking capability

(1)          No person shall operate on a public road a combination of vehicles including a tractor drawing any capability trailer not equipped with either service brakes or an over run brake—

(a)          at a speed in excess of 15 kilometres per hour; and

(b)          unless there is displayed on the rear most vehicle of such combination, a sign denoting that such trailer or combination is limited to a speed of 15 kilometres per hour.

(2)          A sign referred to in subregulation (1) shall comply with the requirements of the Standard Specification of the Malawi Bureau of Standards, "Retro-reflective and fluorescent warning sign for road vehicles”, Part III "Signs other than triangles, chevrons signs and abnormal load vehicles signs”.

8.            Offences and penalties

(1)          Any person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence.

(2)          Any person convicted of an offence under any provision of these Regulations shall be liable to a fine not exceeding K10,000 or to a period of imprisonment not exceeding three years or both such fine and imprisonment.

ARRANGEMENT OF REGULATIONS REGULATION

PART I

PRELIMINARY

1.            Citation

2.            Interpretation

PART II 

FORMS AND FEES

3.            Forms

4.            Fees

5.            Particulars in applications, etc.

PART III               

REGISTRATION OF OPERATOR AND ROAD SERVICE PERMITS

6.            Classes of motor vehicles in respect of which an operator shall be registered

7.            Category of road service permit

8.            Application for registration as an operator

9.            Manner of registration of an operator and issue of road service permit

10.          Short-term and special journey road service permit

11.          Period of validity of road service permit

12.          Suspension of road service permit

13.          Application for and issue of duplicate road service permit

14.          Procedure of change of particulars of registered operator

15.          Road service permit issued in prescribed territory

16.          Manner in which road service permit is to be displayed on motor vehicle

16A. Manner in which operator permit registration number is to be displayed on motor

vehicle

17.          Appeal to the Minister

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ROAD TRAFFIC (OPERATOR AND ROAD SERVICE PERMIT) REGULATIONS

under s. 181

G.N.22/2000

39/2004

PART I

PRELIMINARY

1.            Citation

These Regulations may be cited as the Road Traffic (Operator and Road Service Permit) Regulations.

2.            Interpretation

"Contract car” means a public service vehicle having seating accommodation for not more than nine persons in addition to the driver which is let out on hire for a period which is not less than twenty- four hours to a hirer who drives the vehicle himself or who provides the driver;

"hire car” means a public service vehicle having seating accommodation for not more than nine persons in addition to the driver which is let out on hire with a driver under contract for a period which is not less than twenty-four hours for the carriage of passengers otherwise than at separate fares;

"public service vehicle” means any vehicle carrying passengers for hire or reward and includes—

(a)          a              bus;

(b)          a              contract car;

(c)           a              hire car;

a taxi; and 

"registered operator” means an operator registered in terms of regulation 9;

"road service permit” means a permit referred to in regulation 7 which has been issued to a registered operator,

"short-term road service permit” means a permit referred to in regulation 10;

"special journey road service permit” means a permit referred to in regulation 10;

"taxi” means a public service vehicle having seating accommodation for not more than nine persons in addition to the driver which is let with a driver over a period less than twenty-four hours for the carriage of passengers otherwise than at separate fares.

PART II

FORMS AND FEES

3.            Forms

The forms as approved by the Minister shall be used in all cases to which they are respectively applicable in carrying out the Act and these regulations.

4.            Fees

The fees specified in the second column of the Schedule to the (Miscellaneous Fees) Regulations shall be charged in respect of the matters set out in the first column of the said Schedule.

5.            Particulars in  applications,       etc.

The particulars to be entered on or contained in any application, permit and any other documents to which these regulations apply shall, unless otherwise set forth in these Regulations, be such as are necessary from the respective form of such application, permit or document as approved by the Minister.

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PART III

REGISTRATION OF OPERATOR AND ROAD SERVICE PERMITS

6.            Classes of motor vehicles in respect of which an operator shall be registered

(1)          An operator shall be registered in respect of—

(a)          any goods vehicle registered in Malawi, the owner or operator of which intends to use such motor vehicle for the carriage of goods for hire or reward;

(b)          any breakdown vehicle registered in Malawi; and

(c)           any motor vehicle registered in Malawi, the owner or operator of which intends to use such motor vehicle for the carriage of passengers for hire or reward.

(2)          The provisions of subregulation (1) shall not apply to a motor vehicle referred to in subregulation (1) that is—

(a)          owned by the Government of Malawi;

(b)          operated on a public road under the authority of a temporary or special permit or a motor trade number;

(c)           not operated on a public road and for the purpose of this paragraph, the words "operated on a public road” shall not be construed to include the presence of such motor vehicle on a public road for the purpose of—

(i)            being driven to the premises of the owner in order to take delivery thereof;

(ii)           crossing a public road from one premises of the owner to another, over a distance of not more than one kilometre; or

(iii)          proceeding to or from a place where repairs are to be or have been effected to such motor vehicle.

7.            Category of road service permit

(1)          A road service permit shall be issued for—

(a)          the public service vehicle category and such permit shall be marked with the letter "A” whereas, a contract car shall be endorsed with letter "H” and a hire car shall be endorsed with letter "T”; and

(b)          the goods vehicle for hire category and such permit shall be marked with the letter "B”.

(2)          A road service permit as referred to in subregulation (1) shall authorize the holder thereof to operate the applicable vehicle for hire or reward on a public road.

8.            Application for registration as an operator

(1)          An application for registration as an operator of a motor vehicle referred to in regulation 6, shall be made, subject to subregulation (4), in duplicate by the owner of such motor vehicle on Form RSP as approved by the Minister, to the Director, and such form shall be signed by such owner and the operator applicant, or in the case of the owner or operator applicant being a body of persons by the proxy of such body of persons.

(2)          In the case where details relating to the operator applicant and the owner are the same in respect of more than one motor vehicle—

(a)          Form RSP as approved by the Minister may be completed once only and the full details in respect of each additional vehicle for which such operator is applying for at the same time, shall be appended to such form; and

(b)          the documentation referred to in subregulation (3) (a) need only be submitted once by the operator applicant.

(3)          The application in respect of registration as an operator referred to in subregulation (1) shall be accompanied by—

(a)          acceptable identification of the operator applicant, proxy, representative and signers of such document, and a form of proxy in the case of the owner or operator applicant being a person or body of persons, as well as copies of such identification and form of proxy; and

(b)          the valid registration certificate of each motor vehicle for which in respect of such motor vehicle an application is made for a road service permit; or

(c)           the appropriate fee for a road service permit applicable to each motor vehicle as shown in the Schedule.

(4)          No person shall make application for registration as an operator of a motor vehicle contemplated in regulation 6 (1) (c) which is a—

(a)          hire car or contract car unless such motor vehicle is less than six years old; or

(b)          goods vehicle adapted for the carriage of passengers unless such goods vehicle is presented for inspection to a motor vehicle examiner at the time application is made for a road service permit.

9.            Manner of registration of an operator and issue of road service permit

(1)          The Director shall, upon receipt of the application for registration as an operator made in terms of regulation 8, satisfy himself that—

(a)          the information provided in terms of regulation 8 is complete and correct;

(b)          no road service permit issued to the operator applicant, is suspended in terms of regulation 12 and section 86 of the Act.

(2)          (a) If the Director is satisfied in terms of subregulation (1), he shall register the applicant as the operator of the motor vehicle concerned by recording the particulars of such person in the register of operators;

(b) if the Director is not satisfied in terms of subregulation (1), he shall refuse the application and notify the applicant accordingly.

(3)          Subject to the provisions of section 81 (4) of the Act, the Director shall, if satisfied in terms of subregulation (1) issue a road service permit on Form A or B as the case may be, in respect of each motor vehicle included in the application submitted by the operator registered in terms of subregulation(2)          (a).

(4)          Subject to regulation 14 (5) a road service permit shall not be transferred or assigned.

(5)          The counterfoil of the road service permit shall be kept at the business address of the operator.

(6)          No person shall operate a motor vehicle of any class contemplated in regulation (6) on a public road unless a valid road service permit is displayed on such motor vehicle.

10.          Short-term and special journey road service permit

(1)          The Director may issue to any applicant—

(a)          a short-term road service permit for the carriage of goods; or

(b)          a special journey road service permit for the carriage of passengers, for any vehicle registered in Malawi, subject to such conditions as may be specified in the permit.

(2)          No permit contemplated in subregulation (1) shall be issued in respect of any motor vehicle unless such motor vehicle complies with all regulations concerning such vehicle and its carriage of goods or passengers:

Provided that in special circumstances the Minister may authorize the Director to waive or modify such regulations.

(3)          The Director shall not issue to any one applicant within a twelve-month period more than—

(a)          one short-term road service permit; and

(b)          four special journey road service permits.

11.          Period of validity of road service permit

(1)          The period of validity of—

(a)          a public service vehicle category road service permit shall be six months unless such permit has been suspended in terms of the Act;

(b)          a goods vehicle for hire category road service permit shall be twelve months unless such permit has been suspended in terms of the Act;

(c)           a short-term road service permit shall be as indicated on the permit for any period not exceeding three months unless such permit has been suspended in terms of the Act; or

(d)          a special journey road service permit shall be as indicated on the permit for any period not exceeding seven days unless such permit has been suspended in terms of the Act.

(2)          Notwithstanding anything contained in subregulation (1), any road service permit, short¬term road service or special journey road service permit issued under the Act now repealed shall remain valid until the expiry date of such permit unless such permit has been suspended in terms of the Act.

12.          Suspension of road service permit

(1)          The Director may, if the record of an operator indicates that such operator does not comply with the provisions of this Act, by written notice notify such operator—

(a)          that a road service permit shall only be issued to him on such conditions as the Director may deem fit;

(b)          that no further road service permit shall be issued to him for such period as the Director may specify in the notice; or

(c)           that the road service permit or permits pertaining to such motor vehicle or motor vehicles as the Director may determine in respect of which he is registered as the operator is or are suspended until the Director is satisfied that the grounds for such suspension have fallen away:

Provided that—

(i)            the period of any suspension under paragraph (c) shall not exceed the period in respect of such road service permit contemplated in regulation 11; and

(ii)           the Director shall include in any written notice to an operator his reasons for serving such notice.

(2)          The operator shall, upon receipt of a notice of suspension in terms of section 86 of the Act, immediately return the road service permit and the counterfoil of such permit to the Director.

(3)          The Director shall after receipt of the permit and counterfoil referred to in subregulation (2), keep such permit and counterfoil in the manner and for the period required.

(4)          Upon the expiry of any period of suspension referred to in subregulation (1), the Director shall restore to the person entitled thereto, the road service permit and counterfoil surrendered to him in terms of subregulation (2), if the validity thereof has not expired.

13.          Application for and issue of duplicate road service permit

(1) An application for a duplicate road service permit shall be made to the Director, on Form RSP as approved by the Minister, and shall be accompanied by—

(a)          the appropriate fee for a duplicate road service permit as shown in the Schedule;

(b)          acceptable identification of the signer thereof; and

(c)           the counterfoil of the original road permit or a declaration in respect of the original road service permit in such form as approved by the Minister.

(2)          Upon receipt of the application referred to in subregulation (1) the Director shall satisfy itself that the applicant is the registered operator in respect of the vehicle concerned and shall issue a duplicate road service permit to the applicant.

(3)          No person shall fail to notify the Director within seven days of any loss of a valid road service permit and to apply for a duplicate thereof.

14.          Procedure of change of particulars of registered operator

(1)          If the postal or physical address of the proxy or the representative of a registered operator changes, such operator shall, within a period of fourteen days after such change, notify the Director of such change on Form RSP as approved by the Minister.

(2)          If the name as reflected in the acceptable identification of the registered operator changes, such registered operator shall within fourteen days from such change—

(a)          notify the Director of such change on Form RSP as approved by the Minister;

(b)          submit the new acceptable identification; and

(c)           submit to the Director the counterfoil of every original road service permit issued to him.

(3)          Where the proxy or representative of the registered operator changes, the notice referred to in subregulation (1), shall be accompanied by the acceptable identification of the new proxy or representative and a new letter of proxy.

(4)          On receipt of the notification referred to in subregulation (1) or (2), the Director shall—

(a)          ensure that such notification is in order;

(b)          update the particulars in relations to the persons or body of persons concerned in the register of operators; and

(c)           in the case of a notification in terms of subregulation (2), issue a new road service permit to the holder upon payment of the appropriate fees for the issue of a duplicate document as shown in the Schedule.

(5)          If a road service permit is held by a partnership and one of the partners dies or ceases to be a partner of such partnership or a new partner is admitted thereto or if a person obtains a business from the estate of a deceased spouse and a road service permit is in force in respect of such business, every such permit shall, notwithstanding any provisions to the contrary contained in this Part, remain in force for the unexpired period of the road service permit concerned, in respect of such business and the new owner of the business shall be deemed to be the holder of the road service permit.

15.          Road service permit issued in prescribed territory

A permit which has a similar purpose to that of a road service permit, and which is issued in a prescribed territory in accordance with the laws of such territory, shall be deemed to be a road service permit for the purposes of this Part when such permit is displayed on or carried in a motor vehicle which is operated on a public road in Malawi.

16.          Manner in which road service permit is to be displayed on motor vehicle

A road service permit issued in terms of regulation 9 in respect of a motor vehicle shall be displayed—

(a)          if such motor vehicle is fitted with a transparent windscreen in front, by affixing such road service permit by means of the gum thereon in an upright position on the inside of the windscreen in such manner that the print on the face of the permit is clearly legible from the outside to a person standing in front or to the left front of such motor vehicle; or

(b)          if the motor vehicle is not fitted with a transparent windscreen in front, by affixing such road service permit—

(i)            in a conspicuous position on the front side of the vehicle in such manner that the print of the face of such road service permit is clearly legible from that side; and

(ii)           if such road service permit is exposed to the weather be protected by affixing such road service permit by means of the gum thereon on the inside of the transparent front of a durable watertight holder; and

(c)           if such motor vehicle is a trailer or semi-trailer on such trailer or semi-trailer or on or in the motor vehicle drawing such trailer or semi-trailer at the time.

16A.      Manner in which operator permit registration number is to be displayed on motor vehicle

An operator permit registration number issued in terms of section 81 of the Act in respect of a motor vehicle shall be displayed in conspicuous positions on both the front side and rear side of the motor vehicle in such a manner that the print of such operator permit registration number is legible from that side. G.N. 39/2004

17.          Appeal to the Minister

(1) Any person who is aggrieved at the refusal of the Director to register him as an operator or at the suspension or cancellation of his registration or the conditions on which a road service permit is issued or at the suspension of any road service permit may, within twenty-one days after such action is taken by the Director, appeal against such refusal, suspension, cancellation or conditions to the 

Minister in accordance with and upon payment of the appropriate fees for such appeal as set forth in the Road Traffic (Appeals) Regulations and shall at the same time submit a copy of such appeal to the Director.

(2)          After receipt of the copy of appeal referred to in subsection (1), the Director shall forthwith furnish the Minister with his reasons for the refusal, suspension, cancellation or conditions to which such repeal refers.

(3)          The Minister may after considering the appeal give such decision as he may deem fit.

ROAD TRAFFIC (SADC DRIVING LICENCE) REGULATIONS

under s. 181 G.N.4/2002

1.            Citation

These Regulations may be cited as the Road Traffic (SADC Driving Licence) Regulations.

2.            Valid and             recognized driving licence

The valid and recognized driving licences in the Republic of Malawi shall be the SADC model type licence and every driver licensed in Malawi shall use the SADC model type licence.

3.            Offence

Any person who fails to comply with regulation 2 commits an offence and shall be liable to a fine of K2,000, payable on the spot.

ROAD TRAFFIC (VEHICLE AGE LIMIT FOR CERTIFICATE OF FITNESS INSPECTION) REGULATIONS under s. 181 G.N.12/2003

1.            Citation

These Regulations may be cited as the Road Traffic (Vehicle Age Limit for Certificate of Fitness Inspection) Regulations.

2.            Interpretation

In these regulations, unless the context otherwise requires—

"date of manufacture” means the date of manufacture stipulated in the manufacturer's vehicle data sheet or registration certificate.

Age limit of vehicles for certificate of fitness inspection 

Every vehicle whose age is more than five years from the date of manufacture shall be subject to a certificate of fitness inspection.

ROAD TRAFFIC (HONORARY TRAFFIC ASSESSORS) REGULATIONS under s. 181

G.N.2/2004

1.            Citation

These Regulations may be cited as the Road Traffic (Honorary Traffic Assessors) Regulations.

2.            Appointment of honorary traffic assessors

(1)          The Director may, by notice published in the Gazette, appoint honorary traffic assessors to assist in carrying into effect the provisions of the Act.

(2)          The appointment of an honorary traffic assessor shall be—

(a)          made for a period of four years but shall be renewable; and

(b)          subject to such conditions as the Director shall impose in the instrument of appointment.

3.            Qualifications

(1)          No person shall be appointed as an honorary traffic assessor unless he is of good standing in society, willing and committed to assist in carrying out into effect the provisions of the Act.

(2)          Notwithstanding subregulation (1), no person shall be qualified to be appointed as an honorary traffic assessor who—

(a)          owes allegiance to a foreign country;

(b)          is, under any law in force in the Republic, adjudged or otherwise declared to be mentally incompetent;

(c)           has, within the past seven years, been convicted by a competent court of a crime—

(i)            under the Act; or

(ii)           involving dishonesty or moral turpitude, or

(d)          is undischarged bankrupt under any law in force in the Republic.

4.     Application for appointment 

(1) Any person who wishes to be appointed as an honorary traffic assessor shall make an application to the Director through the Office of the District Commissioner for the area in which he resides.

(2)          An application referred to under subregulation (1) shall contain the following particulars of the applicant—

(a)          name;

(b)          date and place of             birth;

(c)           contact address;

(d)          occupation;

(e)          nationality; and

(f)           conviction, if any,             of a        crime.

(3)          The application referred to under subregulation (1) shall be in the form set out in the Schedule.

5.            Duties of an honorary traffic assessor

(1)          The duties of honorary traffic assessor shall be to assist in carrying into effect the provisions of the Act.

(2)          Without prejudice to the generality of subregulation (1), the duties of an honorary traffic assessor shall be to—

(a)          protect road infrastructure;

(b)          check and prevent vandalism of road furniture;

(c)           report any contravention of the Act;

(d)          sensitize the general public on traffic safety; and

(c)           advise relevant authorities on traffic management and control matters.

6.            Identity cards for honorary traffic assessors

(1)          The Director shall cause each honorary traffic assessor to be issued with an identity card in a form approved by the Director.

(2)          Where a person in possession of an identity card issued to him under subregulation (1) ceases to be honorary traffic assessor, he shall forthwith surrender the identity card to the Director.

(3)          An honorary traffic assessor shall, when practicable and if so requested, produce his identity card when exercising his duties under these Regulations or the Act, as the case may be.

SCHEDULE reg. 4 (3)

ROAD TRAFFIC ACT

(CAP. 69:01)

ROAD TRAFFIC (HONORARY TRAFFIC ASSESSORS) REGULATIONS APPLICATION FOR APPOINTMENT AS AN HONORARY TRAFFIC ASSESSOR SECTION A

1.            Name of Applicant (in Full, Surname First):          

2.            Date and Place of birth: Gender:

Female/Male:  

3.            Nationality:         ID No. (if any):  

4.            Residential address:      

5.            Contact telephone:        

6.            Occupation:       

7.            Have you ever been convicted of any crime       

SECTION B

8.            FOR DISTRICT COMMISSIONER

I,             , District Commissioner for          

District, hereby confirm that the applicant is of Malawian origin and resides in/at (Area)

9.            Eligible/Not eligible for appointment

Name: 

Signed:

Official Stamp:  

SECTION C

FOR OFFICIAL USE BY ROAD TRAFFIC DIRECTORATE

Reference Number:      

Date Registered:              and

ID No. allocated:              

Name of Authorizing Officer:      Signature            

NOTE: (1) This position is on voluntary basis and, therefore, there is no remuneration whatsoever for the duties performed once appointed.

(2) Completed application should be forwarded through the District Commissioner to the Director of Road Traffic, Private Bag 257, Lilongwe, with two passport size photographs of the applicant duly certified by the District Commissioner for Oaths.

ROAD TRAFFIC (REGISTRATION AND CLASSIFICATION OF MOTOR VEHICLE INSPECTION STATIONS) NOTICE

under s. 64

G.N.36/2004

1.            Citation

This Notice may be cited as the Road Traffic (Registration and Classification of Motor Vehicle Inspection Stations) Notice.

2.            Registration and classification

The motor vehicle inspection stations specified in the Schedule have been registered and classified in accordance with the provisions of section 63 and section 64 of the Act.

SCHEDULE para. 2

RegionCentreId CodeClassificationSouthern Region Balaka/Liwonde-P.V.H.O. V15-BLK AZomba-P.VH.O. V15-ZA AMangochi-P.V.H.O. V15-MH AMwanza-DRIMP V15-MN ALuchenza-P.V.H.O. V15-TO AMulanje- P.V.H.O. V15-MJ ANgabu-P.V.H.O. V15-CK ANsanje-P.V.H.O. V15-NE ACentral Region Mchinji-P.VH.O. V15-MC AKasungu-P.VH.O. V15-KU ASalima-P.V.H.O. V15-SA ANkhotakota-P.VH.O. V15-KK ADedza- P.V.H.O. V15-DZ ANorthern RegionChitipa-P.VH.O. V15-CP BKaronga-P.VH.O. V15-KA ARumphi-P.VH.O. V15-RU AMzimba-P.V.H.O. V15-MZ A

ROAD TRAFFIC (CERTIFICATION AND CLASSIFICATION OF MOTOR VEHICLE INSPECTORS) NOTICE under s. 32

G.N.37/2004 

Citation

This Notice may be cited as the Road Traffic (Certification and Classification of Motor Vehicle Inspectors) Notice.

2. Certification and Classification

The motor vehicle inspectors specified in the Schedule have been certified and classified in accordance with the provisions of regulation 32 of the Road Traffic (Certificate of Fitness) Regulations. G.N. 26/2000

SCHEDULE para. 2

Number Name Id Code Classication1.Chagoma M. H. V15/MVI 11-04 A2.Chasweka E. N. V15/MVI 12-04 A3.Chilumba K. H. V15/MVI 13-04A4Chiumia C. K. V15/MVI 14-04A5.Chirwa A. L. M. V15/MVI 15- 04A6.Chawayula N. W. V15/MVI 16-04A7.Dambule M. K. R V15/MVI 17-04A8.Kachala V. F. V15/MVI 18- 04A9.Kamanga L.E. V15/MVI 19-04A10.Katunau M. V15/MVI 20-04A11.Kawelama H. B. V15/MVI 21- 04A12.Khomba S. B. V15/MVI 22-04A13.Kwacha H. F. V15/MVI 23-04A14.Makowa F. E. V15/MVI 24- 04A15.Miss Mkandawire V15/MVI 25-04B16.Mkwapatira W. F. V15/MVI 26-04A17.Mliuli A. V15/MVI 27- 04A18.Mlozi A. A. V15/MVI 28-04A19.Mtambo A. B. V15/MVI 29-04 A20.Mtameni F. V15/MVI 30- 04A21.Mtumodzi J. M.. V15/MVI 31-04A22.Mulambya S. T. D. V15/MVI 32-04A23.Nkhoma G A V15/MVI 33-04A24.Nyika A. L. W. V15/MVI 34-04A25.Nyirongo G. F. V15/MVI 35-04A26.Pemba E. N. V15/MVI 36- 04A27.Sakala A. R. V15/MVI 37-04A28.Sawala R .D. M. V15/MVI 38-04A

 

 

Disclaimer

This document has been re-typed from its original version which is also available on MTP in order to assist with searching and indexing. It is not an approved version by the originating authority and in the case of doubt the original version will take precedence.

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