Road Traffic Act

An Act to amend and consolidate the law relating to road traffic and vehicles in Malawi and for matters connected therewith or incidental thereto [15TH JANUARY 1998]

PART I

PRELIMINARY

[Ch6901s1]1. Short title

This Act may be cited as the Road Traffic Act.

[Ch6901s2]2. Interpretation

In this Act, unless the context otherwise indicates—

"ambulance” means a motor vehicle specially constructed or adapted for the purpose of conveying sick or injured persons to or from a place for medical treatment and which is registered as such;

"animal” means any horse, cattle, ass, mule, sheep, pig, goat or dog;

"articulated motor vehicle” means a combination of motor vehicles consisting of a truck-tractor and a semi-trailer;

"authorized officer” means a road traffic examiner, motor vehicle examiner, weighbridge inspector or a traffic police officer and includes any other person whom the Minister may, from time to time, by regulation declare to be an authorized officer;

"breakdown vehicle” means a motor vehicle designed or adapted solely for the purpose of recovering or salvaging motor vehicles and which is registered as such;

"breath test” means a test for the purpose of indicating the concentration of alcohol in a person's blood carried out on that person's breath by means of a device and procedures authorized by the Minister;

"bridge” includes a culvert and a causeway;

"builder” means any person who, for the purposes of the business of selling motor vehicles, manufactures or assembles motor vehicles in whole or in part from used components;

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

"certificate of fitness” in relation to a motor vehicle, means a certificate issued under section 71;

"combination of motor vehicles” means two or more motor vehicles coupled together;

"cross” or any like expressions, means to move on a public road in a direction which intersects the normal course of travel of traffic on such road;

"Director” means the Director of Road Traffic appointed under section 3 or his duly authorized representative;

"driver” means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who guides any draught, pack or saddle animal or herd or flock of animals, and "drive” or any like word has a corresponding meaning;

"driver's licence” means a driver's licence referred to in Part V;

"driver's licence testing centre” means a driver's licence testing centre referred to in Part V;

"enforcement agency” means the Malawi Police Service or any local authority which has a traffic warden in its employment or any other agency authorized by some written law to enforce traffic law;

"examiner” means a road traffic examiner or a motor vehicle examiner as the case may be appointed under Part II;

"fire-fighting vehicle” means a motor vehicle designed or adapted solely or principally for fighting fires and which is registered as such;

"freeway” means a public road or a section of a public road which has been designated as a freeway by an appropriate road traffic sign;

"goods” means any movable property;

"gross combination mass”, in relation to a motor vehicle which is used to draw any other motor vehicles, means the maximum mass of any combination of motor vehicles, including the drawing vehicle and load as specified by the manufacturer thereof or, in the absence of such specification, as determined by the Director;

"gross vehicle mass” in relation to a motor vehicle, means the maximum mass of such vehicle and its load as specified by the manufacturer or, in the absence of such specification, as determined by the Director;

"highway authority” has the meaning assigned thereto in the Public Roads Act; Cap. 69:02

"importer” means any person who, for the purposes of his business of selling motor vehicles, imports new or used motor vehicles into Malawi;

"instructor” means any person who for direct or indirect reward—

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

(b) teaches any other person the rules of the road or road traffic signs in order to obtain a learner's or a driver's licence;

"intersection” means the area embraced within the prolongation of the lateral boundary lines of two or more public roads, open to vehicular traffic, that join one another at any angle, whether or not one such public road crosses the other;

"intoxicating liquor” has the meaning assigned thereto in the Liquor Act; Cap. 50:07

"learner's licence” means a learner's licence referred to in Part IV;

"left” means left reckoned by reference to the direction or towards which the vehicle, animal or person is facing at the material time;

"manufacturer” means a person who, for the purposes of his business of selling motor vehicles, manufactures or assembles new motor vehicles;

"medical practitioner” means any person registered as such under the Medical Practitioners and Dentists Act; Cap. 36.01

"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 motor cycle or a tractor, which has four wheels and which is designed to be driven by the type of controls usually fitted to a motor cycle;

"motor trader” means any person who is engaged in the business of buying, selling, exchanging or repairing motor vehicles required to be registered and licenced in terms of the Automotive Trades Registration and Fair Practices Act or of building permanent structures onto such vehicles and who complies with the prescribed conditions; Cap. 50:05

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

"motor vehicle” means any self-propelled vehicle and includes—

(a) a trailer; and

(b) a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals and engine or motor, but does not include—

(i) any vehicle propelled by electrical power derived from storage batteries and which is pedestrian-controlled; or

(ii) any vehicle with a mass of not more than two hundred and thirty kilograms and specially designed and constructed, and not merely adapted, for the use of any person suffering from some physical defect or disability and used solely by such person;

"motor vehicle inspection station” means a motor vehicle inspection station registered under section 64;

"operate on a public road” or any like expression in relation to a vehicle, means to use or drive a vehicle or to permit a vehicle to be used or driven on a public road, or to have or to permit a vehicle to be on a public road;

"operator” means the person responsible for the use of a motor vehicle of any class contemplated in Part VII, and who has been registered as the operator of such vehicle;

"owner” in relation to a vehicle, means—

(a) the person who has the right to the use and enjoyment of a vehicle in terms of a contractual agreement with the title holder of such vehicle;

(b) any person referred to in paragraph (a), for any period during which such person has failed to return that vehicle to the title holder in accordance with the contractual agreement referred to in paragraph (a);

(d) a motor trader who is in possession of a vehicle for the purpose of sale, and who is registered as such under section 11; and "owned” or any like word has a corresponding meaning;

"park” means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the control of the person in charge of such vehicle;

"pedal cycle” means any bicycle or tricycle designed for propulsion solely by means of human

power;

"pedestrian crossing” means—

(a) that marked portion of a public road at an intersection included within the prolongation or connexion of the kerb line and adjacent boundary line of such road; or

(b) any other portion of public road designated as a pedestrian crossing by appropriate road traffic signs;

"prescribed territory” means any state or territory declared by the Minister by notice published in the Gazette to be a prescribed territory;

"professional driver” means the driver of a motor vehicle in respect of which an operator is registered;

"professional driving permit” means a professional driving permit referred to in Part V;

"public road” has the meaning assigned thereto in the Public Roads Act; Cap. 69:02

"rescue vehicle” means a motor vehicle designed or adapted solely for the purpose of rescuing persons and which is owned or controlled by a department of the government, local authority or a body of persons approved by the Director and is registered as such;

"road service permit” means a road service permit referred to in Part VII;

"road traffic examiner” means a road traffic examiner appointed under Part II;

"road traffic sign” means a road traffic sign prescribed under section 89;

"roadworthy” in relation to a vehicle, means a vehicle which complies with the relevant provisions of this Act and is otherwise in a fit condition to be operated on a public road;

"semi-trailer” means a trailer having no front axle and so designed that at least fifteen per cent of its tare is superimposed on and borne by a vehicle drawing such trailer;

"sidewalk” means that portion of a verge intended for the exclusive use of pedestrians;

"tare” in relation to a motor vehicle, means the mass of such vehicle ready to travel on a road and includes the mass of—

(a) any spare wheel and all other accessories and equipment supplied by the manufacturer as standard for the particular model of motor vehicle concerned;

(b) anything which is a permanent part of the structure of such vehicle;

(d) the accumulators, if such vehicle is self-propelled by electrical power, but does not include the mass of—

(i) fuel; and

(ii) anything affixed to such vehicle which is not of the nature referred to in paragraph (b) or (c);

"title holder” in relation to a vehicle, means—

(a) the person who has to give permission for the alienation of that vehicle in terms of a contractual agreement with the owner of such vehicle, or

(b) the person who has the right to alienate that vehicle, and who is registered as such under section 11;

"tractor” means a motor vehicle designed or adapted mainly for drawing other vehicles and not to carry any load thereon, but does not include a truck-tractor;

"traffic lane” means a longitudinal division of a public road of sufficient width to accommodate the passage of a single line of vehicles;

"traffic signal” means a road traffic sign which, by means of automatic signals, alternately directs traffic to stop and permits it to proceed;

"traffic warden” means a traffic warden referred to in section 182;

"trailer” means a vehicle which is not self-propelled and which is designed or adapted to be drawn by a motor vehicle, but does not include a side-car attached to a motor cycle;

"truck-tractor” means a motor vehicle designed or adapted—

(a) for drawing other vehicles; and

(b) not to carry any load other than that imposed by a semi-trailer or by ballast, but does not include a tractor;

"vehicle” means a device designed or adapted principally to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged other than such a device which moves exclusively on rails;

"verge” means that portion of a road, street or thoroughfare which is not the roadway.

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PART II

REGISTERING AUTHORITY AND OFFICERS

[Ch6901s3]3. Appointment of Director of Road Traffic

There shall be appointed a Director of Road Traffic who shall, subject to the general or special directions of the Minister, exercise such powers and perform such duties as are conferred upon him by or in pursuance of this or any other Act.

[Ch6901s4]4. Appointment of officers

(1) For the purposes of this Act, the Director may, subject to this Act, delegate any of his duties to authorized officers.

(2) Each authorized officer shall be under the direction of the Director.

[Ch6901s5]5. Establishment of Committee for Road Traffic Law Enforcement

(1) The Minister shall, by notice published in the Gazette, establish a Committee for Road Traffic Law Enforcement consisting of members representing such organizations as shall be prescribed in the notice.

(2) The Committee referred to in subsection (1) shall advise the Minister with regard to any matter relating to road traffic law enforcement and shall perform such other functions assigned to it by the Minister.

[Ch6901s6]6. Determination and enforcement of national policy on road traffic law enforcement

(1) The Minister may determine the national policy to be followed in respect of road traffic law enforcement.

(2) The Minister may make regulations in relation to the policy referred to in subsection (1) and the enforcement thereof.

[Ch6901s7]7. Powers and duties of an examiner

(1) In addition to the powers and duties conferred upon him by or under this Act an examiner may, subject to the provisions of this Act or any other written law—

(a) require the driver of any vehicle to stop such vehicle and by notice in writing as prescribed, direct the owner, operator, driver or person in charge of any vehicle, wherever found, which in his opinion does not comply with the requirements for a certificate or fitness to produce such vehicle for inspection, examination or testing to an appropriately registered motor vehicle inspection station for such class of vehicle at a time and place specified in such notice;

(b) in respect of any motor vehicle, demand from the owner, operator or driver thereof the production of any document required from such person in respect of that motor vehicle in terms of this Act, or any like document issued by a competent authority outside Malawi;

(i) where such instructor is engaged in teaching or instructing for gain another person in the driving of a motor vehicle, forthwith; or

(ii) where such instructor is not so engaged, within seven days, to produce evidence of his registration;

(d) examine any motor vehicle in order to satisfy himself whether it is the motor vehicle in respect of which a document referred to in paragraph (b) was issued;

(e) impound any document referred to in paragraph (b) which appears to be or which the officer has reasonable grounds to believe that it is invalid or which has been or appears to have been unlawfully altered or defaced or which is being put to unlawful use, and where any document is so impounded, the examiner shall issue a receipt in respect thereof to the person concerned;

(f) require the owner, operator, driver or person in charge of any vehicle forthwith to furnish his name and address, and give any other particulars required as to his identification, and where applicable, immediately to produce a professional driving permit;

(g) demand from any person immediately to produce a licence or any other document authorizing him to drive a motor vehicle, and to produce any other document which he is required to have in respect of any motor vehicle in terms of this Act;

(h) impound any licence or document produced to him in terms of paragraph (g) which in his opinion may afford evidence of a contravention of any provision of this Act, and where any licence or document is so impounded, the examiner shall issue a receipt in respect thereof to the person concerned;

(i) require any person, whether or not such person is in any vehicle, to furnish his name and address and to give any other particulars required as to identification, as well as such information as is within his power to furnish and which may lead to the identification of the owner, operator or driver of such vehicle;

(j) at any reasonable time, having regard to the circumstances of the case, on the production of a search warrant, and in the exercise of any power or the performance of any duty which in terms of this Act he is authorized or required to exercise or perform, enter any premises on which he has reason to believe that any vehicle is kept;

(k) if he is a motor vehicle examiner, inspect, examine and test or cause to be inspected, examined or tested any vehicle in order to determine whether it is roadworthy and for that purpose may dismantle the vehicle or any part thereof or its equipment or accessories:

Provided that he shall reassemble any vehicle so dismantled unless he is requested by the person in charge of the vehicle not to do so;

(l) drive any vehicle when necessary in the performance of his duties, if in the case of a motor vehicle, he is licensed to drive a motor vehicle of the class concerned; and

(m) test any applicant for a learner's licence or driver's licence in the manner and in regard to the matters as prescribed, in order to determine whether such applicant is fit and competent to obtain a learner's licence or driver's licence for the class of vehicle for which he applies.

(2) No examiner shall test any applicant for a driver's licence under section 24 unless such examiner himself is licensed to drive a vehicle of the class for which the applicant applies to obtain a driver's licence.

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[Ch6901s8]8. Powers and duties of a traffic police officer

A traffic police officer may, subject to the provisions of this Act and any other written law—

(a) exercise or perform all the powers or duties conferred upon an examiner in section 7 (1) except those referred to in paragraphs (k), (l) and (m) of that section;

(b) when in uniform, require the driver of any vehicle to stop such vehicle;

(c) on production of an identity card cause to be inspected, examined and tested at a motor vehicle inspection station, any part and the functioning of any vehicle and the equipment thereof, with a view to ascertaining whether such vehicle or the functioning thereof and the equipment comply with the provisions of this Act:

Provided that no such motor vehicle inspection station instructed by such officer to inspect, examine or test such vehicle shall, in the exercise of the authority hereby conferred upon it, permit any person to dismantle the mechanism or any working parts of any motor vehicle unless that person is a motor vehicle examiner or a licensed motor vehicle inspector and if he has so dismantled such vehicle, he shall reassemble the dismantled mechanism or parts unless he is requested by the person in charge of the vehicle not to do so;

(d) ascertain the dimensions of, the load on, or the mass, axle mass load or axle unit mass load of any vehicle or the mass of any combination of vehicles, laden or unladen, and, if necessary for the purpose of ascertaining such mass, require any vehicle or combination of vehicles to proceed to a weighbridge or mass measuring device, and if the mass of any vehicle or combination of vehicles exceeds the mass allowed under this Act, prohibit the operation of such vehicle or combination of vehicles on a public road until such mass has been reduced or adjusted to comply with this Act:

Provided that where the load on a vehicle includes any hazardous cargo, indivisible cargo, perishable cargo, or cargo for which a special overload permit has been issued, the reduction and handling of the mass should be undertaken as prescribed by this Act or any other written law;

(e) drive any vehicle when necessary in the performance of his duties if, in the case of any motor vehicle, he is licensed to drive a motor vehicle of the class concerned;

(f) if any person, being the driver or apparently in charge of a vehicle, appears to such officer, by reason of his physical or mental condition, howsoever arising, to be incapable for the time being of driving or being in charge of such vehicle, temporarily forbid such person to continue to drive or be in charge of such vehicle and make such arrangements for the safe disposal or placing of the vehicle as in his opinion may be necessary or desirable in the circumstances;

(g) regulate and control traffic upon any public road, and give such directions as may, in his opinion, be necessary for the safe and efficient regulation of the traffic and, where he is of the opinion that the driver of a motor vehicle is hampering or impeding the normal flow of traffic on a public road, direct the driver to remove the vehicle from such road and to follow another route;

(h) require any person to furnish his name and address and give any other particulars which are required for his identification or for any process if such officer reasonably suspects such person of having committed an offence under this Act or if in the opinion of such officer he is liable to give evidence in regard to the commission or suspected commission of any such offence;

(i) in respect of any motor vehicle, demand from the owner, operator or driver thereof to produce any document prescribed under this Act;

(j) impound any document referred to in paragraph (i) produced to him and which in his opinion may afford evidence of a contravention of or failure to comply with any provision of this Act, and where any document is so impounded, the traffic police officer shall issue a receipt therefore to the person concerned;

(k) require any professional driver or the operator or owner of any motor vehicle to produce for inspection and to have a copy made of—

(i) any record or document which that person is required under this Act to carry or have in his possession or which is required to be affixed to any such motor vehicle; or

(ii) any record which that person is required under this Act to preserve;

(l) at any time enter any motor vehicle of an operator and inspect such vehicle and any recording device installed therein for the purposes of Part V of this Act, and inspect and make a copy of any record regarding the vehicle which has been produced by such recording device;

(m) at any time enter upon any premises on which he has a reason to believe that a motor vehicle of an operator is kept or that any record or other document required to be kept under Part V of this Act are to be found, and inspect such vehicle, and inspect and copy any such record or document;

(n) if he has reason to believe that an offence under Part V of this Act has been committed in respect of any record or document inspect by him, impound that record or document, and where any document is so impounded, the traffic police officer shall issue a receipt therefor to the person concerned;

(o) inspect any motor vehicle or part thereof and impound any document issued in connexion with the registration and licensing of such motor vehicle which relates to such motor vehicle, where it is found that the engine or chassis number of such motor vehicle differs from the engine or chassis number as specified on the document, and direct that such motor vehicle be taken to any police station specified by such traffic police officer for police clearance, and may, after such clearance has been obtained, return the impounded document to any person who is entitled thereto, or notify the owner of the motor vehicle concerned that such vehicle must be re-registered, as the case may be;

(p) by means of an approved speed measuring device, detect and measure the speed of any vehicle moving on a public road; and

(q) by means of an approved device, administer a breath test to any driver of a vehicle or any person being the holder of a driver's licence occupying the seat next to a holder of a learner's licence while the holder of the learner's licence is or was driving a vehicle on a public road.

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[Ch6901s9]9. Failure to comply with instruction or direction of an authorized officer

(1) No person shall—

(a) fail to comply with any instruction or direction given to him by an authorized officer or obstruct, hinder or interfere with any authorized officer in the exercise of any power or the performance of any duty under this Act;

(b) in order to compel any person referred to in paragraph (a) to perform or to abstain from performing any act in respect of the exercise of his powers or the performance of his duties, or on account of such person having performed or abstained from performing such an act, threaten or suggest the use of violence against or restraint upon such person or any of his relatives or dependants, or threaten or suggest any injury to the property of such person or of any of his relatives or dependants.

(2) Whenever the production of any document which is not required to be affixed to a vehicle or to be kept with him in a vehicle by any person is demanded under section 7 (b) or 8 (i), the production thereof at any police station or office set aside by a competent authority for use by a traffic police officer, within a period of seven days after being so demanded, shall be deemed to be sufficient compliance with the demand.

(3) Whenever any document is produced under subsection (2) at any police station or office referred to in that subsection, the officer-in-charge of such police station or office so set aside shall forthwith notify accordingly the officer who made the demand concerned and shall issue an acknowledgement of production of such document to the person producing it.

(4) Where a document is not produced under subsection (2) and any process is to be handed to or served upon a person under this Act and any other written law, an examiner or traffic police officer may require the imprint of the left thumb of the person to whom the process relates on such process, and such person shall be obliged to furnish such imprint in the manner and at the place or places on that document and copies thereof as directed by the examiner or traffic police officer concerned:

Provided that if it is not possible to obtain the left thumb print of such person, the imprint of any other finger may be required, in which case the finger thus used shall be identified in writing by the examiner or traffic police officer concerned under each imprint of such finger.

(5) Any person convicted of an offence under subsection (1) shall be liable to a fine not exceeding K5,000 or to imprisonment for a period not exceeding two years or both such fine and imprisonment.

[Ch6901s10]10. Impersonating authorized officer or inducing any such officer not to perform his duty

(1) No person shall, by word, conduct or demeanour, impersonate an authorized officer.

(2) No person shall connive with or induce or attempt to induce any authorized officer to omit to carry out his duty or to commit an act inconsistent with his duty.

(3) Any person convicted of an offence under subsection (1) or (2) shall be liable to a fine not exceeding K5,000 or to imprisonment for a period not exceeding two years or both such fine and imprisonment.

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PART III

REGISTRATION AND LICENSING OF MOTOR VEHICLES

[Ch6901s11]11. Registration and licensing of motor vehicles

(1) The Minister shall, by regulations published in the Gazette, prescribe the registration and licensing system of motor vehicles, including the structure and manner of implementing that system.

(2) No person shall operate on a public road any motor vehicle which is not registered and licensed under this Part.

[Ch6901s12]12. Previous registration deemed to be registration under this Act

Notwithstanding anything contained in section 11, any motor vehicle registered under the Act now repealed shall be deemed to be registered under this Act, and the registration mark assigned to such motor vehicle under the Act now repealed shall be deemed to have been assigned under this Act.

PART IV

REGISTRATION AND LICENSING OF MANUFACTURERS, BUILDERS AND IMPORTERS

[Ch6901s13]13. Application for registration and registration of manufacturer, builder and importer

(1) Every manufacturer, builder or importer shall apply in the prescribed manner to the Director for registration as a manufacturer, builder or importer.

(2) If the Director is satisfied that an applicant referred to in subsection (1) complies with the qualifications for competency as prescribed for the specific category in respect of which the application is made, the Director shall register such applicant on the conditions and in the manner prescribed.

(3) The Director may alter the conditions referred to in subsection (2).

[Ch6901s14]14. Suspension and cancellation of registration of manufacturer, builder or importer

The Director may, upon giving reasons in writing, suspend for a stated period or cancel the registration of a manufacturer, builder or importer.

[Ch6901s15]15. Manufacturer, builder or importer to register motor vehicles

Every manufacturer, builder or importer of motor vehicles shall register in the prescribed manner every motor vehicle manufactured, built or imported by him before he distributes or sells such vehicle.

[Ch6901s16]16. Right of appeal to Minister

(1) Any person who is aggrieved by the refusal of the Director to register him as a manufacturer, builder or importer or at the suspension or cancellation of his registration as a manufacturer, builder or importer or at the conditions on which he is so registered may, within twenty-one days after such refusal, suspension or cancellation, or notification of the conditions on which he is so registered, appeal to the Minister against such refusal, suspension, cancellation or conditions in accordance with such procedure and upon payment of such fees as may be prescribed, and such person shall at the same time serve a copy of the appeal on the Director.

(2) After receipt of the copy of the 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 appeal refers.

(3) The Minister may after considering the appeal give such decision as he may deem fit.

[Ch6901s17]17. Appointment of inspector of manufacturers, builders and importers

(1) The Minister shall designate a person, an authority or an organization as an inspector of manufacturers, builders and importers.

(2) The powers and duties of the inspector referred to in subsection (1) in relation to the registration and inspection of manufacturers, builders or importers and any motor vehicles manufactured, built or imported shall be as prescribed.

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PART V

LICENSING OF DRIVERS, ISSUING PROFESSIONAL DRIVING PERMITS AND HOURS OF DRIVING

[Ch6901s18]18. Driver of motor vehicle to be licensed

(1) 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.

(2) Subject to section 20, no person shall drive a motor vehicle on a public road under the authority of a learner's licence unless such person is accompanied by and is under the direct personal supervision of a person who is in possession of a driver's licence authorizing him to drive that class of vehicle and occupying the seat next to such holder of a learner's licence.

[Ch6901s19]19. Licence to drive

(1) A licence authorizing the driving of a motor vehicle shall be issued by the Director in accordance with the provisions of this Part and shall be either—

(a) a learner's licence; or

(b) a licence, to be known as a driver's licence, and, except as otherwise provided in this Part, no person shall be examined or tested for the purpose of the issue to him of a driver's licence unless he is the holder of a learner's licence.

(2) A learner's licence, a driver's licence and a professional driving permit issued by the Director shall remain the property of the Government.

[Ch6901s20]20. Prescribing, classification and extent of learner's or driver's licence Subject to the provisions of this Part—

(a) the category of a learner's or driver's licence;

(b) the class of motor vehicle to which each category of such licence relates;

(d) the period of validity of such licence;

(e) the limitations to which the authority conveyed by such licence shall be subject; and

(f) the form and content of such licence, shall be as prescribed.

[Ch6901s21]21. Disqualification from obtaining or holding learner's or driver's licence

(1) A person shall be disqualified from obtaining or holding a learner's or driver's licence—

(a) if he—

(i) in the case of any licence for a motor cycle without a side-car having 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” is under the age of sixteen years;

(ii) in the case of any licence for a motor vehicle, being a motor vehicle not of a class as referred to in subparagraph (i) and the gross vehicle mass of which does not exceed 3,500 kilograms or, where such motor vehicle is—

(A) a goods vehicle, the gross vehicle mass of which does not exceed 3,500 kilograms; or

(B) a combination of motor vehicles, the gross combination mass of which does not exceed 3,500 kilograms, is under the age of eighteen years; or

(iii) in the case of any other licence, is under the age of twenty-one years;

(b) during any period in respect of which he has been declared by a competent authority to be disqualified from obtaining or holding a licence to drive a motor vehicle, while such disqualification remains in force;

(c) where a licence to drive a motor vehicle held by him has been suspended by a competent authority, while such suspension remains in force;

(d) where a licence to drive a motor vehicle held by him has been cancelled by a competent authority, while such cancellation remains in force;

(e) if such licence relates to a class of motor vehicle which he may already have driven under a licence held by him unless the applicant is obtaining a renewal of such licence;

(f) if he is suffering from one or other of the following diseases or disabilities—

(i) epilepsy;

(ii) sudden attacks of disabling giddiness or fainting due to hypertension or any other causes;

(iii) any form of mental illness to such an extent that it is necessary that he be detained, supervised, controlled and treated as a patient under the Mental Treatment Act; Cap. 34:02

(iv) any condition causing muscular incoordination;

(v) uncontrolled diabetes mellitus;

(vi) defective vision ascertained in accordance with a prescribed standard;

(vii) any other disease or physical defect which is likely to render him incapable of effectively driving and controlling a motor vehicle of the class to which such licence relates without endangering the safety of the public:

Provided that deafness shall not of itself be deemed to be such a defect;

(g) if, on the basis of expert medical evidence, he is addicted to the use of any drug having a narcotic effect or the excessive use of intoxicating liquor; or

(h) in such other circumstance as may be prescribed, either generally or in respect of a particular class of a learner's or driver's licence.

(2) The Director shall, before issuing a driver's or learner's licence, ensure that the person is not disqualified under paragraphs (f) and (g) of subsection (1), and for that purpose, the Director may administer a test in such a manner as he may deem fit.

(3) The Director may, if he deems it expedient and on such conditions as he may deem fit, declare that any person shall no longer be subject to any disqualification, suspension or cancellation referred to in subsection (1) (b), (c) or (d), respectively.

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[Ch6901s22]22. Failure to disclose disqualification in respect of licence authorizing driving of motor vehicle

(1) No person shall, when applying for a learner's or driver's licence, wilfully fail to disclose any disqualification to which he is subject under section 21.

(2) Any person who—

(a) is the holder of a licence authorizing the driving of a motor vehicle under 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, surrender the licence to the Director.

(3) When a licence is surrendered under subsection (2) the Director shall cancel it:

Provided that the licence shall not be cancelled if the Director is satisfied that the holder thereof is competent to drive the class of motor vehicle concerned with the aid of corrective lenses, an artificial limb or any other physical aid, in which case the Director shall—

(a) endorse the licence accordingly and such endorsement shall be a condition subject to which the licence is held; and

(b) return the licence.

[Ch6901s23]23. Application for and issue of learner's licence

(1) A person desiring to obtain a learner's licence shall in person apply therefore in the prescribed manner to a designated driver's licence testing centre.

(2) An application made under subsection (1) shall be accompanied by the prescribed fees.

(3) Upon receipt of an application under subsection (1), the driver's licence testing centre concerned shall, if it is satisfied from the information furnished in the application or from such further information as such centre may reasonably request, that the applicant is not disqualified from obtaining a learner's licence, examine and test the applicant for a learner's licence and in respect of the matters as prescribed.

(4) If the examiner is satisfied that the applicant has sufficient knowledge of the matters as prescribed in respect of the class of vehicle concerned, and is not disqualified under section 21 from obtaining a learner's licence, such examiner shall upon payment by the applicant of the prescribed fees issue or authorize the issue of a learner's licence to such applicant in respect of the appropriate class of motor vehicle.

(5) A person who wilfully or negligently issues or authorizes the issue of a learner's licence contrary to the provisions of this Part commits an offence.

(6) Any person convicted of an offence under subsection (5) shall be liable to a fine not exceeding K5,000 or to imprisonment for a period not exceeding two years or both such fine and such imprisonment.

[Ch6901s24]24. Application for and issue or renewal of driver's licence

(1) The holder of a—

(a) learner's licence who desires to obtain a driver's licence; or

(b) valid driver's licence who desires to obtain a renewal of a valid driver's licence, shall apply in the prescribed manner to a designated driver's licence testing centre for a licence to drive a motor vehicle of a class the driving of which is authorized by his learner's licence or valid driver's licence as the case may be.

(2) An application under subsection (1) shall be accompanied by the prescribed fees.

(3) Upon receipt of an application under subsection (1), the driver's licence testing centre concerned shall, if it is satisfied from the information furnished in the application or from such further information as such centre may reasonably request, that the applicant is not disqualified from obtaining a driver's licence, determine a day on and time at which the applicant shall present himself to be examined by an examiner in the manner and on the matters as prescribed and for such purpose the applicant shall supply a motor vehicle of the class to which his application relates.

(4) An examiner shall test an applicant for a driver's licence in the manner and in respect of the matters as prescribed.

(5) If an examiner has satisfied himself under subsection (4) that an applicant for a driver's licence is competent to drive a motor vehicle of the class to which such applicant's application relates, such examiner shall upon payment by the applicant of the prescribed fees issue or authorize the issue of the driver's licence to such applicant in respect of such class of motor vehicle, and the examiner or the person authorized by him shall—

(a) in the case where the applicant has under subsection (3) provided a motor vehicle equipped with an automatic or semi-automatic transmission, endorse the driver's licence to the effect that authorization is granted only for the driving of a motor vehicle equipped with the automatic or semi-automatic transmission; and

(b) in the case where the applicant is found to be competent to drive with the aid of corrective lenses, an artificial limb or other physical aid, endorse the licence accordingly.

(6) A person who wilfully or negligently—

(a) issues a driver's licence;

(b) authorizes the issue of a driver's licence; or

(7) Any person convicted of an offence under subsection (6) shall be liable to a fine not exceeding K5,000 or to imprisonment for a period not exceeding two years or both such fine and imprisonment.

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[Ch6901s25]25. Power of Director in respect of examination and testing of applicant for learner's or driver's licence

Notwithstanding anything to the contrary contained in this Act, the Director may, whenever he deems it expedient, direct where by which examiner an applicant for a learner's or driver's licence shall be examined and tested and at which driver's licence testing centre such applicant may apply for a learner's or driver's licence.

[Ch6901s26]26. Holders of licence to drive motor vehicle shall give notice of change of particulars

When the holder of a motor vehicle driver's licence which was issued under this Part has changed his place of residence permanently or his name he shall, within fourteen days after such change, notify the Director of his new residential and postal address or his new name as the case may be.

[Ch6901s27]27. Right of appeal to Director

(1) Any person who is aggrieved by the refusal of an examiner to issue or authorize the issue to him of a learner's or driver's licence may, within twenty-one days after such refusal, appeal to the Director in accordance with such procedure and upon payment of such fees as may be prescribed and such person shall at the same time serve a copy of the appeal on the examiner for drivers' licences concerned.

(2) After receipt of the copy of the appeal referred to in subsection (1), the examiner shall forthwith furnish the Director with his reasons for the refusal to which such appeal refers.

(3) For the purpose of deciding an appeal under subsection (1), the Director may appoint any person to examine and test the appellant as to his competency to drive the class of motor vehicle concerned and may, in addition, require each party to the appeal to furnish such information and evidence as he may deem expedient.

(4) The Director may after considering the appeal give such decisions as he may deem fit.

[Ch6901s28]28. When licence not issued in terms of this Act deemed to be driver's licence

(1) Subject to the provisions of subsection (2)—

(a) a licence authorizing the driving of a motor vehicle issued in a prescribed territory; and

(b) an international driving permit issued while the holder thereof was not permanently or ordinarily resident in Malawi, shall, in respect of the class of motor vehicle to which that licence or permit relates and subject to the conditions thereof, be deemed to be a licence for the purposes of this Part:

Provided that if that licence is a provisional licence of any kind or an international driving permit, it shall not authorize the driving of a motor vehicle carrying passengers and for which a professional driving permit is required.

(2) (a) The period for which a licence referred to in subsection (1) (a) or an international driving permit referred to in subsection (1) (b) shall be deemed to be a licence for the purposes of this Part shall be as prescribed.

(b) The holder of a licence referred to in subsection (1) (a) or an international driving permit referred to in subsection (1) (b) may apply for a driver's licence to take the place of such licence or permit.

(3) An application under subsection (2) (b) shall be made in the prescribed manner to a designated driver's licence testing centre and shall be accompanied by the prescribed fee.

(4) On receipt of an application under subsection (2) (b), the driver's licence testing centre concerned shall issue to the applicant a driver's licence.

[Ch6901s29]29. Suspension or cancellation by Director of learner's or driver's licence

(1) Where the Director is of the opinion that the holder—

(a) of a learner's or driver's licence issued under this Part or the repealed Act is disqualified under section 21 from holding the licence, he shall cancel such licence; or

(b) of a licence referred to in paragraph (a) would constitute a source of danger to the public by driving a motor vehicle on a public road, he may cancel or suspend such licence.

(2) For the purposes of subsection (1) the Director may request the holder of the licence concerned to submit himself within such period as the Director may determine—

(a) to an examination and a test by one or more examiners nominated by the Director to determine his competency to drive a motor vehicle of the class to which his licence relates and for the purpose of such examination and test the holder of the licence concerned shall provide a motor vehicle of the class concerned:

Provided that the holder of the licence concerned may request that he be submitted to such examination and test to determine his competency to drive a motor vehicle—

(i) of any other class of which the driving is authorized by his licence; or

(ii) of a specific prescribed class, and for the purpose of such examination and test he shall provide a motor vehicle of the class concerned;

(b) to an examination by a medical practitioner nominated by the Director to determine his physical and mental fitness to drive a motor vehicle; or

(3) Where the holder of the licence concerned is after the examination and test under subsection (2) (a) found to be competent to drive a motor vehicle of the class provided by him and is not disqualified under section 21, the Director may direct—

(a) that every licence authorizing the driving of a motor vehicle and of which he is the holder shall be cancelled; and

(b) that a driver's licence in respect of a motor vehicle of the class provided by him shall be issued to him free of charge and for the purpose the provisions of section 24 (5) (a) and (b) shall apply mutatis mutandis.

(4) The cost of any examination referred to in subsection (2) (b) shall be a charge against the holder of the licence concerned.

(5) Where a person fails to comply with a request under subsection (2), the Director may forthwith suspend or cancel, as the case may be, the licence concerned unless such person is able to satisfy the Director within a period determined by the Director that such failure was due to a reason beyond his control and that such licence should not be so suspended or cancelled.

(6) The suspension or cancellation of a licence under this section shall apply to any other learner's or driver's licence held by the holder of such suspended or cancelled licence and recognized under this Part as a valid licence, as the Director may determine.

(7) When a licence is cancelled or suspended under subsection (1) or is cancelled under subsection (3) (a), the holder thereof shall forthwith surrender the licence to the Director who shall effect an appropriate endorsement thereon and, in the case where the licence has been suspended—

(a) retain the licence for the period of suspension; and

(b) return the licence to the holder thereof upon the expiry of the period of suspension.

(8) The Director may, where he deems it expedient and on such conditions as he may deem fit, reinstate a licence suspended under this section.

(9) The Director may, where he deems it expedient and on such conditions as he may deem fit, authorize a person whose licence has been cancelled under this section to apply for a learner's and a driver's licence.

(10) A person whose learner's or driver's licence has been cancelled by any competent authority, shall be deemed to be unlicensed.

(11) Where any circumstance arises in relation to the holder of a motor vehicle driver's licence issued in a prescribed territory, which, would have disqualified such person as under section 21 from obtaining a driver's licence, or if such holder would, constitute a source of danger to the public by driving a motor vehicle on a public road, he may inform such person that such licence is of no force and effect within Malawi and from the date on which such person is so informed the licence shall cease to be in force within Malawi.

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[Ch6901s30]30. Lapsing of endorsement on licence

(1) An endorsement pursuant to any order of a court effected upon any motor vehicle driver's licence under this Part shall lapse after the expiry of a period of three years from the date upon which such endorsement was made:

Provided that no other period of suspension of such licence shall be included in the calculation of the period of three years.

(2) Where, in relation to a driver's licence, all endorsements have lapsed under subsection (1), the Director may, upon application by the holder thereof in the prescribed manner and upon payment of the fees referred to in section 24 (2), issue to such holder a driver's licence free from any endorsements.

[Ch6901s31]31. Cancellation or amendment of endorsement on licence

(1) Where the holder of a licence—

(a) authorizing the driving of a motor vehicle in Malawi; and

(b) on which an endorsement has been effected, is of the opinion that there are circumstances justifying the cancellation or amendment of such endorsement, he may apply to the Director for the cancellation or amendment of such endorsement.

(2) An application under subsection (1) shall be accompanied by—

(a) the licence concerned;

(b) a statement by the applicant setting forth the reasons for the application; and

(3) Upon receipt of an application under subsection (1), the Director may, for the purpose of the consideration thereof—

(a) require the applicant to submit such further statement or document; or

(b) take such other steps, as the Director may deem expedient.

(4) Where an application under subsection (1)—

(a) is refused by the Director, he shall notify the applicant accordingly and return the licence concerned to him; or

(b) is granted by the Director, he shall cancel the licence and issue or authorize the issue of a new licence without endorsement or reflecting the amended endorsement, as the case may be.

[Ch6901s32]32. Driving instructor to be licensed

(1) No person shall act as a driving instructor and teach for gain the driving of motor vehicles unless he is licensed under section 34.

(2) No person shall employ any other person as a driving instructor or make use of his services as a driving instructor unless such person is licensed as an instructor in terms of section 34.

[Ch6901s33]33. Application for driving instructor's licence

(1) A person desiring to be licensed as a driving instructor shall apply to the Director in the prescribed manner.

(2) An application referred to in subsection (1) shall be accompanied by the prescribed fees.

[Ch6901s34]34. Licence and classification of driving instructor

Where the Director is satisfied that an applicant referred to in section 33 fulfills the competency and classification qualifications pertaining to the specific category of the application, he shall license and classify such applicant.

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[Ch6901s35]35. Suspension and cancellation of driving instructor's licence

The Director may suspend for such period as he may deem fit, or cancel, the licence of a driving instructor if such instructor—

(a) is guilty of misconduct in the exercise of his powers or the performance of his duties; or

(b) failed without reasonable cause to attend an appropriate refresher course at a training centre approved by the Minister within a prescribed period.

[Ch6901s36]36. Right of appeal to Minister

(1) Any person who is aggrieved by the refusal of the Director to licence him as a driving instructor or with the suspension or cancellation of his licence as a driving instructor may, within twenty-one days after such refusal, suspension or cancellation, appeal to the Minister against such refusal, suspension or cancellation in accordance with such procedure and upon payment of such fees as may be prescribed and such person shall at the same time serve a copy of the appeal on the Director.

(2) After receipt of the copy of the appeal referred to in subsection (1), the Director shall forthwith furnish the Minister with his reasons for the refusal, suspension or cancellation to which such appeal refers.

(3) The Minister may after considering the appeal give such decision as he may deem fit.

[Ch6901s37]37. Driving School to be licensed

No person or organization shall act as a driving school unless he or it is licensed under section 39.

[Ch6901s38]38. Application for driving school licence

(1) A person or organization desiring to be licensed as a driving school shall apply to the Director.

(2) An application referred to in subsection (1) shall be accompanied by the prescribed fees.

[Ch6901s39]39. Licence and classification of driving schools

Where the Director is satisfied that an applicant referred to in section 38 fulfils the competency and classification qualifications as prescribed pertaining to the specific category of the application, he shall licence and classify such applicant.

Ch6901s40]40. Suspension and cancellation of driving school licence

The Director may, upon giving reasons in writing, suspend for a stated period or cancel, the license of a driving school if such driving school—

(a) is guilty of misconduct in the exercise of its powers or the performance of its duties; or

(b) employs any person not licensed and classified under section 34 for the purpose of teaching for gain the driving of motor vehicles.

[Ch6901s41]41. Right of appeal to Minister

(1) Any person or organization aggrieved by the refusal of the Director to license him or it as a driving school or with the suspension or cancellation of his or its licence as a driving school may, within twenty-one days after such refusal, suspension or cancellation, appeal to the Minister against such refusal, suspension or cancellation in accordance with such procedure and upon payment of such fees as may be prescribed and such person or organization shall at the same time serve a copy of the appeal on the Director.

(3) The Minister may, make such decision on the appeal as he may deem fit.

[Ch6901s42]42. Learner's or driver's licence issued contrary to provisions of this part to be void

A learner's or driver's licence issued contrary to the provisions of this Part shall be void and upon the request of the Director, or a traffic police officer, as the case may be, the holder of such licence shall forthwith submit it to the Director, or such traffic police officer, as the case may be, who shall cancel the licence:

Provided that the traffic police officer may cancel such licence only with the prior approval of the Director.

[Ch6901s43]43. Use of learner's or drivers licence by another person prohibited

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.

[Ch6901s44]44. Unlicensed driver not to be employed or permitted to drive motor vehicle

No person who is the owner or operator 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 unless such other person is licensed under this Part to drive the vehicle.

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[Ch6901s45]45. Permit required by professional driver

(1) No person shall drive on a public road a motor vehicle in respect of which an operator is registered except in accordance with the conditions of a permit, to be known as a professional driving permit, issued to him under this Part and unless he keeps such permit with him in the vehicle:

Provided that the provisions of this subsection shall not apply to the holder of a learner's licence who drives such vehicle while he is accompanied by a person registered as a professional driver for such category of vehicle.

(2) Any document issued by a competent authority in any prescribed territory and serving in such territory a purpose similar to that of a professional driving permit shall, subject to the conditions thereof and to such conditions as may be prescribed, be deemed to be a professional driving permit for the purpose of subsection (1).

[Ch6901s46]46. Prescribing of classification and extent of professional driving permit

Subject to the provisions of this Part—

(a) the categories of professional driving permits;

(b) the authority conveyed by such permits;

(d) the form and contents of such permits, shall be as prescribed.

[Ch6901s47]47. Application for professional driving permit

(1) Any person desiring to obtain a professional driving permit shall, subject to the provisions of this Part, apply in the prescribed manner to a driving licence testing centre.

(2) An application referred to in subsection (1) shall be accompanied by the prescribed fees.

[Ch6901s48]48. Registration of professional driver

If the Director is satisfied that the applicant referred to in section 47 fulfils the prescribed requirements for the issue to him of a professional driving permit, he shall register such applicant as a professional driver.

[Ch6901s49]49. Issue of professional driving permit

After the Director has registered an applicant as a professional driver under section 48, the Director shall issue in the prescribed manner a professional driving permit to the applicant.

[Ch6901s50]50. Suspension or cancellation of professional driving permit by Director

(1) Where any circumstance arises in relation to the holder of a professional driving permit issued in Malawi which, in the opinion of the Director, would entitle him to refuse to issue a professional driving permit to such holder, or if 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, upon giving reasons in writing, 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 under subsection (1), the person concerned shall forthwith surrender the professional driving permit to the Director.

(3) After the expire of any period of suspension the Director shall upon request restore to the person entitled thereto the professional driving permit surrendered to him under subsection (2), if the validity thereof has not expired.

(4) Where any circumstance arises in relation to the holder of a professional driving permit or like document issued outside Malawi which, in the opinion of the Director, would have entitled him to refuse to issue a professional driving permit to such holder or if 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 of no force and effect within Malawi and from the date on which such person is so informed the permit shall cease to be in force within Malawi.

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[Ch6901s51]51. Right of appeal to Minister

(1) Any person who is aggrieved by the refusal of the Director to issue him with a professional driving permit or the conditions subject to which a professional driving permit has been issued to him may, within twenty-one days after such refusal or such issuance, as the case may be, appeal to the Minister against any such refusal or conditions in accordance with such procedure and upon payment of such fees as may be prescribed and such person shall at the same time serve a copy of the appeal on the Director.

(2) On receipt of the copy of the appeal referred to in subsection (1), the Director shall forthwith furnish the Minister with his reasons for the refusal or the conditions of issuance to which such appeal relates.

(3) The Minister may, make such decision on the appeal as he may deem fit.

[Ch6901s52]52. Driver of motor vehicle in respect of which operator is registered to hold professional driving permit

No person who—

(a) is the owner or operator of or is in charge or control of a motor vehicle in respect of which an operator is registered shall employ or permit any driver to drive such vehicle on a public road unless such driver is the holder of a professional driving permit where such permit is required under 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.

[Ch6901s53]53. Professional driving permit issued contrary to provisions of this Part to be void

Any professional driving permit issued contrary to the provisions of this Part shall be void, and the holder thereof shall, on demand by the Director or by a traffic police officer, surrender forthwith such permit to the Director or such traffic police officer.

[Ch6901s54]54. Drivers to comply with driving hours

(1) No driver of a motor vehicle for a class prescribed for the purposes of this subsection shall drive such motor vehicle on a public road for a period or periods of time exceeding the prescribed period or periods.

(2) No operator or person exercising control over a professional driver shall permit, induce, force or in any other way influence such driver to contravene the provisions of subsection (1).

[Ch6901s55]55. Certain classes of motor vehicles to contain recording device to measure time

(1) No person shall operate on a public road a motor vehicle of a class referred to in section 54

(1) unless such vehicle is fitted with a prescribed automatic, electronic, electrical or mechanical device for the purpose of recording the period of time for which such vehicle is being driven.

(2) The driver of a motor vehicle of class referred to in section 54 (1) shall, when driving such motor vehicle on a public road, use the recording device referred to in subsection (1).

[Ch6901s56]56. Duties of operator and driver of certain class of motor vehicle with regard to records

The duties of an operator and a driver of a motor vehicle of a class referred to in section 54 (1), in relation to the maintenance and preservation of records of driving hours produced by the recording device referred to in section 55 (1) shall be as prescribed.

[Ch6901s57]57. Records produced by recording device may be removed and analyzed

(1) In the event of a motor vehicle being involved in an accident, a traffic police officer may remove and analyze or cause to be removed and analyzed the records produced by a recording device referred to in section 55 (1) pertaining to that vehicle.

(2) A record produced by means of a recording device, shall prima facie be regarded as referring to the motor vehicle to which that recording device is attached and the information recorded by or in such recording device shall prima facie be deemed to be correct.

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[Ch6901s58]58. Production of licence and permit to court

(1) Where any person is charged with any offence under this Act relating to the driving of a motor vehicle or a failure to stop after or report an accident, he shall produce every licence and permit of which he is the holder, or a duplicate thereof if he is not in possession of the original, to the court at the time of the hearing of the charge.

(2) For the purposes of this Part—

(a) "licence” means a learner's or driver's licence; and

(b) "permit” means a professional driving permit.

(3) No person referred to in subsection (1) shall fail, without reasonable excuse, to produce under that subsection every licence and permit of which he is the holder.

[Ch6901s59]59. Court may issue order for endorsement, suspension or cancellation of licence or permit disqualify person from obtaining licence or permit

(1) A court convicting a person of an offence under this Act relating to the driving of a motor vehicle or a failure to stop after or report an accident may, in addition to imposing a sentence, issue an order if the person convicted is—

(a) the holder of a licence, that particulars of the conviction, sentence and any other order of the court consequent thereupon be endorsed on such licence and the registrar or clerk of such court shall endorse such licence accordingly;

(b) the holder of a driver's licence or of a learner's licence and a permit that such driver's licence or learner's licence and permit be suspended for such period as the court may deem fit or that such licence or licence and permit be cancelled and any such order shall be endorsed on such licence as provided for in paragraph (a);

(c) the holder of a driver's licence or of a learner's licence and permit that such driver's licence or learner's licence and permit be cancelled and that the person convicted be disqualified from obtaining a driver's licence or a learner's licence and permit for any class of motor vehicle for such period as the court may deem fit and such order shall be endorsed on the licence as provided in paragraph (a); or

(d) not the holder of a driver's licence or of a learner's licence and permit declaring him to be disqualified from obtaining a driver's licence or a learner's licence and permit either indefinitely or for such period as the court may deem fit.

(2) The making of an endorsement under subsection (1) may be postponed by the court issuing the order until any appeal against the conviction or sentence or both has been disposed of.

[Ch6901s60]60 On conviction of certain offences licence and permit shall be suspended for minimum period and learner's or driver's licence cannot be obtained

(1) The driver's licence or the learner's licence and permit of any person convicted of an offence referred to in—

(a) section 124 (1) (a), (b) or (c), in the case of injury to a person;

(b) section 126 (1), if the court found that the offence was committed by driving recklessly; or

(i) a first offence, for a period of at least six months;

(ii) a second offence, for a period of at least one year; or

(iii) a third or subsequent offence, for a period of at least five years.

(2) A court convicting any person of an offence referred to in subsection (1) shall bring the provisions of subsection (1) to the notice of such person.

(3) The provisions of section 61 shall apply mutatis mutandis to the suspension of a driver's licence or a learner's licence and permit under this section.

[Ch6901s61]61. Procedure subsequent to endorsement, suspension or cancellation of licence or permit

(1) Where a court has issued an order that a licence be endorsed or that such licence or any permit be suspended or cancelled the court shall advice the Director of the conviction and sentence of the person concerned.

(2) Where the court has issued an order that a licence, or a permit be cancelled the court shall transmit such licence or permit to the Director.

(3) A licence or a permit which has been suspended as a result of an order of the court shall, after it has been endorsed accordingly by the court concerned, be transmitted to the Director who shall return such licence to the person entitled thereto after the period of suspension has lapsed.

(4) Whenever a licence is endorsed, or a licence and permit are suspended or cancelled under a court order, the endorsement, suspension or cancellation shall apply to every other licence and permit, as the case may be, held by the person concerned and every such other licence or permit shall be endorsed accordingly by the court and thereafter returned to the person entitled thereto:

Provided that if such other licence or permit—

(a) is suspended, that licence or permit shall be transmitted to the Director who shall return such licence to the person entitled thereto after the period of suspension has lapsed; or

(b) is cancelled, that licence and permit shall be transmitted by the court to the Director.

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PART VI

FITNESS OF VEHICLES

[Ch6901s62]62. Motor vehicle inspection station to be registered

(1) No person or organization shall operate a motor vehicle inspection station after a date to be determined by the Minister by notice in the Gazette, unless such station is registered and classified under this Part.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding K5,000 or to imprisonment for a period not exceeding two years or both such fine and imprisonment.

[Ch6901s63]63. Application for registration of motor vehicle inspection station

(1) Any person or organization desiring to operate a motor vehicle inspection station shall apply to the Director for the registration and classification of such station.

(2) An application made under subsection (1) shall be accompanied by the prescribed fees.

[Ch6901s64]64. Registration and classification of motor vehicle inspection station

Where upon receipt of an application referred to in section 63 the Director is satisfied that with regard to the motor vehicle inspection station concerned the prescribed requirements for registration of such a motor vehicle inspection station have been met, the Director shall register and classify the station upon the conditions and in the manner as may be prescribed and shall give notice of such registration and classification in the Gazette.

[Ch6901s65]65. Persons empowered to examine vehicles exempted from liability for damage

No person who is empowered under this Act to examine, inspect or to order the examination or inspection of or to issue any other directions concerning any vehicle under this Act shall be liable for the loss of any such vehicle or the contents thereof or for any damage caused to any such vehicles or the contents thereof resulting from any action taken by such person in good faith and without negligence and in the intended exercise of any such powers.

[Ch6901s66]66. Suspension or cancellation of registration of motor vehicle inspection station

The Director may, if in his opinion a registered motor vehicle inspection station no longer complies with the requirements referred to in section 64, suspend for such period as he may deem fit or cancel the registration of a motor vehicle inspection station.

[Ch6901s67]67. Right of appeal to Minister

(1) A person or organization who or which is aggrieved by the refusal of the Director to register him or it as a motor vehicle inspection station or at the suspension or cancellation of his or its registration as a motor vehicle inspection station may, within twenty-one days after such refusal, suspension or cancellation, appeal to the Minister against such refusal, suspension or cancellation in accordance with such procedure and upon payment of such fees as may be prescribed and such appellant shall at the same time serve a copy of the appeal on the Director.

(3) The Minister may, make such decision on the appeal as he may deem fit.

[Ch6901s68]68. Appointment of inspector of motor vehicle inspection stations

(1) The Minister shall designate a person or organization as an inspector of motor vehicle inspection stations.

(2) The powers and duties of the inspector of motor vehicle inspection stations in relation to the inspection and the control of standards, classification and functioning of motor vehicle inspection stations shall be as prescribed.

(3) The Minister may, in order to defray the expenditure incurred by or on behalf of the inspector for the purposes of performing its functions, prescribe fees to be paid in respect of every vehicle inspection conducted or test carried out under section 71.

[Ch6901s69]69. Certificate o f fitness required in respect of motor vehicle

(1) No person shall on a public road operate a motor vehicle which is not in a roadworthy condition.

(2) No person shall operate a motor vehicle on a public road unless the requirements in respect of the certificate of fitness referred to in subsection (3) pertaining to such motor vehicle are complied with and except in accordance with the conditions of such a certificate of fitness.

(3) Subject to the provisions of this Part—

(a) the categories of certificates of fitness;

(b) the classes in which motor vehicles are classified for the purposes of prescribing the requirements relating to roadworthiness and the requirements for the certificate of fitness applicable to each class of motor vehicle; and

(4) Any document issued by a competent authority in a prescribed territory and serving a similar purpose to that of a certificate of fitness under this Act shall be deemed to be a certificate of fitness for the purposes of subsection (2).

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[Ch6901s70]70. Application for certificate of fitness

(1) Any person desiring to obtain a certificate of fitness as referred to in section 69 shall present the motor vehicle to a registered motor vehicle inspection station authorized to inspect the class of motor vehicle presented.

(2) The presentation of the motor vehicle made under subsection (1) shall be accompanied by the prescribed fees.

[Ch6901s71]71. Examination of motor vehicle and issue of certificate of fitness

(1) Upon presentation of the motor vehicle referred to in section 70, a motor vehicle examiner or a licensed motor vehicle inspector shall test and examine the motor vehicle concerned in the manner and in respect of the features as prescribed.

(2) If the motor vehicle examiner or licensed motor vehicle inspector, after the examination and testing of such motor vehicle—

(a) is satisfied that the vehicle is roadworthy, he shall, upon payment by the applicant of the prescribed fees, affix to such motor vehicle a certificate of fitness and the issuer of such certificate shall submit a copy thereof to the Director; or

(b) is not so satisfied, he shall affix to such motor vehicle in the prescribed manner a rejection notice indicating the number of days, after the date of such examination and testing, the applicant has to remedy any defect in such vehicle, and if the motor vehicle examiner or motor vehicle inspector is thereafter so satisfied, he shall act under paragraph (a).

(3) Notwithstanding the provisions of subsection (1), a motor vehicle examiner or a licensed motor vehicle inspector authorized in writing by a motor vehicle inspection station may, at any time before the motor vehicle which is being or has been examined and tested with a view to the issue of a certificate of fitness in respect thereof under the subsection, is returned to the applicant, re-examine that motor vehicle and for that purpose—

(a) he shall be deemed to be the motor vehicle examiner or motor vehicle inspector referred to in subsection (1); and

(b) any prior action taken in respect of that vehicle under subsections (1) and (2) shall be of no force and effect.

(4) No person shall wilfully or negligently issue or authorize the issue of a certificate of fitness which is materially incorrect, or issue or authorize the issue of such certificate of fitness in respect of a motor vehicle which does not comply with the prescribed requirements.

(5) No person shall remove or replace the components of a vehicle in respect of which a certificate of fitness was issued, except in the normal course of maintenance or use of such vehicle.

(6) Any person who contravenes subsections (4) and (5) shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding K10,000 or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.

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[Ch6901s72]72. Prohibition against licensing of unroadworthy vehicle

A motor vehicle which does not comply with the requirements referred to in section 69 (3) (b) shall not be licensed or relicensed.

[Ch6901s73]73. Prohibition against holding of more than one certificate of fitness in respect of the same motor vehicle

No person shall in respect of the same motor vehicle hold more than one valid certificate of fitness at any one time.

[Ch6901s74]74. Certificate of fitness to be affixed to motor vehicle

(1) Subject to the provisions of subsections (2) and (3), no person shall operate or permit to be operated on a public road a motor vehicle of a prescribed class—

(a) unless a certificate of fitness is affixed thereto; or

(b) if a certificate of fitness—

(i) the period of validity of which has expired; or

(ii) which does not relate to such vehicle is affixed thereto.

(2) A certificate of fitness issued by a competent authority in a prescribed territory and the purpose of which is similar to that of a certificate of fitness shall, for the purposes of subsection (1), be deemed to be a certificate of fitness.

(3) Where a document the purpose of which is similar to that of a certificate of fitness has been issued by a competent authority in any prescribed territory in respect of a motor vehicle, but no certificate of fitness is required to be affixed to such vehicle in terms of a law of the territory concerned, the provisions of subsection (1) (a) shall not apply to such motor vehicle during the period of validity of such document.

(4) A document referred to in subsection (3) shall, during the period of validity thereof, at all times be in or on the motor vehicle concerned while it is operated on a public road in Malawi.

[Ch6901s75]75. Authority conveyed by certificate of fitness

subject to provisions of this Act

The conditions of a certificate of fitness relating to a motor vehicle and the authority conveyed thereby shall not be construed as derogating from any provisions of this Act and in the event of any inconsistence between the conditions of such certificate of fitness and any provisions of this Act, the latter shall prevail.

[Ch6901s76]76. Effect of alteration of motor vehicle on certificate of fitness

(1) A certificate of fitness in respect of a motor vehicle shall become void where such motor vehicle is altered in such a manner that—

(a) the certificate no longer correctly describes the motor vehicle; or

(b) such alteration affects the conditions of that certificate of fitness.

(2) Within seven days after a certificate of fitness became void in terms of subsection (1), the holder of such certificate of fitness shall present the motor vehicle to which such certificate of fitness is affixed for examination and testing under section 70.

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[Ch6901s77]77. Right of appeal to Director

(1) Any person who is aggrieved at the refusal of a motor vehicle examiner or a motor vehicle inspection station to issue a certificate of fitness in respect of a motor vehicle or at the conditions subject to which such certificate was issued to him may, within twenty-one days after such refusal or after the issue of the certificate subject to the conditions concerned, appeal against any such refusal or conditions concerned to the Director in accordance with such procedure and upon payment of such fees as may be prescribed and such person shall at the same time serve a copy of the appeal on the motor vehicle examiner or the motor vehicle inspection station concerned.

(2) After receipt of the copy of the appeal referred to in subsection (1), the motor vehicle examiner or motor vehicle inspection station concerned shall forthwith furnish the Director with his or its reasons for the decision to which such appeal relates.

(3) For the purpose of deciding an appeal under subsection (1), the Director may—

(a) where the appeal concerns a certificate of fitness, cause the motor vehicle concerned to be examined and tested by a motor vehicle examiner or motor vehicle inspection station nominated by him; and

(b) require each party to the appeal to furnish such information and evidence as the Director may deem necessary.

(4) The Director may, make such decision as he may deem fit.

[Ch6901s78]78. Voidness of certificate of fitness issued contrary to provisions of this Part

Any certificate of fitness issued contrary to the provisions of this Part shall be void and the holder thereof shall, on demand by the motor vehicle inspection station which issued such certificate of fitness, an examiner or by a traffic police officer, forthwith surrender such certificate of fitness to such motor vehicle inspection station, examiner or traffic police officer.

[Ch6901s79]79. Suspension or cancellation of certificate of fitness by Director

(1) Where the holder of a certificate of fitness issued in Malawi is convicted of a second or subsequent offence which, relates to the roadworthiness of a motor vehicle or to such certificate of fitness the Director may suspend, for such period as he may determine, or cancel such certificate of fitness.

(2) Where the Director suspends or cancels a certificate of fitness under subsection (1), he shall detain the motor vehicle and make arrangements with a reputable garage to have the faults repaired and the garage shall make an undertaking not to release the motor vehicle until the Director has inspected it and is satisfied that it is fit. All the expenses in respect of the vehicle shall be borne by the owner of the motor vehicle.

(3) The Director shall notify the motor vehicle inspection station concerned of every certificate of fitness suspended or cancelled under subsection (1).

(4) Upon the expire of the period of suspension referred to in subsection (1), the Director shall, upon request, authorize a new examination for a certificate of fitness by a motor vehicle examiner or a motor vehicle inspection station.

(5) No person shall, without the consent of the Director obtain a certificate of fitness for a motor vehicle during the period in which a certificate of fitness of which he was the holder is suspended or has been cancelled under subsection (1).

(6) Where the holder of—

(a) a document serving a similar purpose to that of a certificate of fitness; or

(b) a certificate affixed to a motor vehicle with a similar purpose to that of a certificate of fitness, issued in a prescribed territory, is convicted of a second or subsequent offence which, in the opinion of the Director, relates to the roadworthiness of a motor vehicle or to such a document or certificate, the Director may inform that person that every such document or certificate held by him is no longer in force within Malawi, and from the date on which that person is so informed, every such document or certificate shall cease to be in force within Malawi.

[Ch6901s80]80. Notice to discontinue operation of motor vehicle

(1) Where a motor vehicle is not roadworthy, a traffic police officer or a motor vehicle examiner may, by notice in the prescribed form served on the driver, owner or operator of such vehicle, direct that such vehicle shall not be operated on a public road or that such motor vehicle shall only be operated under specified conditions.

(2) The manner in which and circumstances under which such traffic police officer or motor vehicle examiner may issue a notice referred to in subsection (1) and the further steps which shall or may be taken in respect of the vehicle concerned, shall be as prescribed.

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PART VII

OPERATOR FITNESS

[Ch6901s81]81. Registration of operator

(1) The owner of a motor vehicle of a class which is prescribed for the purposes of the application of this Part shall be the operator of such motor vehicle and shall be registered as such under subsection (4).

(2) The owner of a motor vehicle referred to in subsection (1) shall, upon payment of the prescribed fees—

(a) upon the licensing of such motor vehicle under Part III make known; or

(b) within twenty-one days—

(i) after the conclusion or amendment of an agreement; or

(ii) after the vehicle became a vehicle of a class referred to in subsection (1), notify the Director, which person, hereinafter referred to as the designated person, is to be registered as the operator of such motor vehicle.

(3) The owner of any motor vehicle registered in a foreign state shall, unless he is deemed to be the holder of a road service permit under section 82 (3), before entering Malawi with such vehicle, upon payment of the prescribed fee, notify the Director which designated person shall be registered as the operator of such vehicle.

(4) The Director shall, if satisfied that the designated person should be registered as the operator, register such person as the operator of the motor vehicle concerned.

[Ch6901s82]82. Issue of road service permit

(1) The Director shall provide and issue, in respect of each motor vehicle referred to in section 81 (1) a road service permit upon payment of the prescribed fee, to the operator concerned.

(2) The categories, period of validity, form and contents of a road service permit shall be as prescribed.

(3) Any document issued by a competent authority in a prescribed territory and serving in such territory a purpose similar to that of a road service permit shall, subject to the conditions thereof and to such conditions as may be prescribed, be deemed to be a road service permit for the purposes of subsection (1).

(4) Where any circumstance arises in relation to the holder of a road service permit referred to in subsection (3), which in the opinion of the Director would have entitled him to act under section 86 if such permit was issued in Malawi, the Director may inform such holder that such permit is of no force and effect within Malawi, and from the date on which such person is so informed such permit shall cease to be in force within Malawi.

[Ch6901s83]83. Road service permit to be displayed on motor vehicle

No person shall operate a motor vehicle of any class referred to in section 81 (1) on a public road unless a valid road service permit is displayed on such motor vehicle.

[Ch6901s84]84. Proof of certain facts

(1) If in any prosecution the question arises as to who is the operator of a motor vehicle, an imprint or copy of or an extract from a road service permit certified by a road traffic examiner or a traffic police officer to be true shall upon production thereof be prima facie proof that the person whose name appears as operator on such permit was the operator of such vehicle at the time when the offence was committed.

(2) No person shall under subsection (1) certify any imprint, copy or extract to be true, knowing that it is not a true imprint, copy or extract.

(3) Any person who contravenes subsection (2) shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding K10,000 or to imprisonment for a period not exceeding three years or to both such fine and imprisonment.

[Ch6901s85]85. Duties of operator

The operator of a motor vehicle shall—

(a) notify, within seven days—

(i) the owner, if applicable, of such motor vehicle; and

(ii) the Director, of any change in the circumstances pertaining to his registration as the operator of such motor vehicle and return the road service permit in respect of that motor vehicle to the Director;

(b) keep safe and protect from theft a road service permit issued to him and if any such permit is lost, stolen or destroyed he shall notify the nearest police station within twenty-four hours and the Director within seven days after having become aware of such loss that he should have been aware of such loss, theft or destruction or after it could reasonably be expected that he should have been aware of such loss, theft or destruction, whichever event occurred first;

(c) exercise proper control over the driver of such motor vehicle to ensure the compliance by such driver with all the provisions of this Act, in particular the provisions regarding— the driving hours referred to in section 54;

(ii) the requirements in respect of the professional driving permit referred to in section 45; and

(iii) the loading of vehicles;

(d) ensure that such motor vehicle complies with fitness requirements;

(e) conduct his operations with due care to the safety of the public;

(f) if hazardous substances are conveyed, ensure that all requirements for the conveyance of such substances are complied with; and

(g) take all reasonable measures to ensure that such motor vehicle is used on a public road in compliance with the provisions for the loading and transportation of passengers and goods.

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[Ch6901s86]86. Power of Director in respect of motor vehicle, drivers and activities of operators

(1) The Director may, on account of any evidence as to the state of fitness of a motor vehicle in respect of which an operator is produced to him under subsection (4), by written notice—

(a) notify such operator that such motor vehicle is suspected of being unroadworthy and that the operator should forthwith take adequate steps to ensure its continued roadworthiness;

(b) demand from such operator to indicate in writing what precautions he has taken to ensure the continued roadworthiness of his motor vehicle;

(c) direct such operator to produce such motor vehicle for inspection, examination or testing at a time and place to be specified in such notice; and

(d) suspend the road service permit issued in respect of the motor vehicle, if such motor vehicle has been examined or tested under paragraph (c) and found to be unroadworthy for such period as such motor vehicle is so unroadworthy.

(2) The Director may, on account of the record of a driver of a motor vehicle for which an operator is registered, by written notice—

(a) inform such operator if the Director has reasonable grounds to believe that he does not exercise proper control over the drivers under his authority as required under section 85;

(b) demand from such operator to indicate in writing what precautions he has taken in order to ensure proper control over drivers under his authority;

(c) demand such operator to produce for examination the records relating to drivers which an operator is required to keep under this Act; and

(d) direct that the driver concerned be retested under section 29 (2).

(3) 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—

(a) direct such operator to fulfil the duties conferred on him under section 85;

(b) appoint a person whom he deems fit, to investigate the activities or specific activities of such operator and direct the person so appointed to make a written recommendation to him as to what measures should be taken in respect of such operator;

(c) direct such operator to appear before him or before any other person appointed by him, in order to furnish reasons for his failure to fulfil the duties conferred on him under section 85; and

(d) notify such operator—

(i) that a road service permit shall only be issued to him on such conditions as the Director may deem fit;

(ii) that no further road service permit shall be issued to him for such period as the Director may specify in the notice; or

(iii) 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 no longer exist:

Provided that—

(A) the period of any suspension under subparagraph (iii) shall not exceed twelve months;

(B) any decision by the Director under this paragraph shall only be taken on the basis of a recommendation by a person appointed under paragraph (b); and

(C) the Director shall within twenty-one days after the date of the notice, in writing furnish such operator with the reasons for his decision.

(4) The Director may, in the exercise of his powers under this section—

(a) demand from any operator to make discovery of documents by way of affidavit or by answering interrogatories on oath and to produce such documents for inspection;

(b) demand from any operator to allow inspection of any records and documents related to any vehicle required to be kept by an operator under this Act;

(c) at any time require that an inquiry be instituted into the operational activities of an operator by a person appointed by him for that purpose and, if such operator is a company, also into any other company in a group of companies of which the operator is the controlling company.

(5) The Director may, if he has reasonable grounds to believe that any person registered as the operator of a motor vehicle is not the bona fide operator of such vehicle, demand proof from the owner of the vehicle.

[Ch6901s87]87. Appeal to Minister

(1) Any person who feels aggrieved by the refusal of the Director to register him as an operator or by a decision of the Director under section 86 (3) (d) may, within twenty-one days after having received notice of such refusal or decision, appeal against such refusal or decision, as the case may be, to the Minister in accordance with such procedure and upon payment of such fees as may be prescribed, and such person shall at the same time serve a copy of the appeal on the Director.

(2) After receipt of the copy of the appeal referred to in subsection (1), the Director shall forthwith furnish the Minister with his reasons for the refusal or decision, as the case may be, to which the appeal refers.

(3) The Minister may, make such decision on the appeal as he may deem fit.

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[Ch6901s88]88. Act or omission of manager, agent or employee of operator

(1) Whenever any manager, agent or employee of an operator commits an act or omission and it would have constituted an offence under this Act if an operator had committed the act or failed to commit the act then such operator, unless he proves—

(a) that he did not connive at or permit such act or omission;

(b) that he took all reasonable measures to prevent an act or omission of the nature in question; and

(c) that an act or omission of the nature of the act or omission charged did not under any circumstances fall within the scope of the authority of the employment of such manager, agent or employee, shall be deemed himself to have committed or failed to commit such act and be liable to be convicted and sentenced in respect thereof, and for the purposes of paragraph (b) the fact that the operator forbade an act or omission of the nature in question, shall not by itself be regarded as sufficient proof that he took all reasonable measures to prevent such act or omission.

(2) Whenever any manager, agent or employee of an operator commits an act or omission which would constitute an offence under this Act if such operator had committed the act or omission, such manager, agent or employee shall be liable to be convicted and sentenced in respect thereof as if he were such operator.

PART VIII

ROAD TRAFFIC SIGNS, GENERAL SPEED LIMIT AND PARKING FEES

[Ch6901s89]89. Minister to prescribe road traffic signs

(1) The Minister may, subject to the provisions of this Act and for the purpose of prohibiting, limiting, regulating or controlling traffic in general or any particular class of traffic on a public road or a section of such road or for the purpose of designating any public road or section thereof as a public road of a particular class, prescribe such signs, signals, markings or other devices, to be known as road traffic signs, as he may deem expedient, as well as their significance and the conditions and circumstances under which any road traffic sign may be displayed on a public road.

(2) The Minister may, subject to such conditions as he may deem expedient, authorize any person or body to display on a public road any sign, signal, marking or other device for the purpose of ascertaining the suitability of such sign, signal or device as a road traffic sign.

[Ch6901s90]90. Authority to display road traffic sign

(1) The Minister may, in respect of any public road, cause or permit to be displayed such road traffic signs as he may deem expedient.

(2) Subject to and in conformity with such general or other directions as may be given by the Minister, a highway authority, or any person authorized by it either generally or specifically, may in respect of any public road, cause or permit to be displayed in the prescribed manner such road traffic signs as it or he may deem expedient.

(3) A local authority may, in respect of any public road within the area of jurisdiction of that local authority, display or cause to be displayed such road traffic signs as such local authority may deem expedient.

(4) Subject to such conditions as may be determined by the National Road Safety Council of Malawi established under the National Road Safety Council of Malawi Act, scholars or students may be organized into patrols, to be known as scholars' patrols, for the purpose of displaying an appropriate road traffic sign so as to ensure the safety of scholars or students crossing a public road. Cap. 69:06

(5) The highway authority may authorize any association or club to display such road traffic signs, subject to such conditions as the highway authority may deem expedient, and any such association or club may thereupon display a badge or other token of the association or club in conjunction with any such road traffic sign.

(6) A railway administration may in respect of any railway level crossing on any public road for which the railway administration is responsible, cause or permit to be displayed, such road traffic signs as the railway administration may deem expedient.

(7) Notwithstanding the provisions of subsections (3) and (6), the highway authority may direct that any road traffic sign be displayed or removed by a local authority on or along any public road in the area of such local authority, or by the railway administration on or along any railway level crossing over a public road for which the railway administration is responsible and if the local authority or the railway administration fails to comply with the direction, the highway authority may cause such sign to be displayed or removed, as the case may be, and the highway authority shall recover the cost of such display or removal from the local authority or from the railway administration, as the case may be.

(8) Any road traffic sign displayed under the repealed Act and which complies with a road traffic sign referred to in section 89, shall be deemed to be displayed under this Act.

(9) No person shall display any road traffic sign on a public road without having been authorized under this Act.

(10) The highway authority or a local authority may, by notice in writing, direct the owner or occupier of any land on which any road traffic sign or other object resembling a road traffic sign is displayed, or on which any object is displayed which obscures or interferes with the effectiveness of any road traffic sign, to remove such sign or object within a period stated in the notice, and if the owner or occupier concerned fails to comply with the notice the highway authority or local authority may cause such sign or other object to be removed.

(11) Any person who wilfully or negligently removes or damages any road traffic sign or alters the position thereof or the inscription, lettering, colour or design thereof or thereon shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding K5,000 or to imprisonment not exceeding one year; for a second offence shall be liable to a fine not exceeding K10,000 or to imprisonment not exceeding two years and for subsequent offence shall be liable to four years imprisonment without an option of a fine.

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[Ch6901s91]91. Failure to obey road traffic sign

(1) Subject to the provisions of subsection (3), any person who shall, unless otherwise directed by a traffic police officer, fail to comply with any direction conveyed by a road traffic sign commits an offence.

(2) In any prosecution for a contravention of or a failure to comply with the provisions of subsection (1), it shall be presumed, until the contrary is proved, that the road traffic sign concerned was displayed by the proper authority pursuant to the powers granted by this Act.

(3) The driver of a vehicle belonging to—

(a) the Director's Department;

(b) a fire-fighting organization;

(d) a traffic police department,

who drives a vehicle in the execution of his duties, may disregard the directions of a road traffic sign:

Provided that—

(a) he shall drive the vehicle with due regard to the safety of other traffic; and

(b) in the case of a vehicle belonging to the Director's Department, a fire-fighting vehicle, a rescue vehicle, an ambulance, a police vehicle or a vehicle driven by a person while he is engaged in civil protection such vehicle shall be fitted with a device capable of emitting a sound or with a bell and with an identification lamp and such device or bell shall be constantly sounded and such lamp shall be in operation while the vehicle is driven in disregard of the road traffic sign.

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[Ch6901s92]92. Speed limit

(1) The general speed limit—

(a) in respect of every public road or section thereof situated within an urban area;

(b) in respect of every public road or section thereof situated outside an urban area; and

(2) An appropriate road traffic sign may be displayed on any public road indicating a speed limit other than the general speed limit which under subsection (1) applies in respect of that road:

Provided that such other speed limit shall not be higher than the speed limit prescribed under subsection (1) (c).

(3) The Minister may, after consultation with the Director, in respect of any particular class of vehicle prescribe a speed limit which is lower or higher than the general speed limit prescribed under subsection (1) (b) or (c).

(4) No person shall drive a vehicle on a public road at a speed in excess of—

(a) the general speed limit which under subsection (1) applies in respect of that road;

(b) the speed limit indicated under subsection (2) by an appropriate road traffic sign in respect of that road; or

[Ch6901s93]93. Certain drivers may exceed general speed limit

Notwithstanding the provisions of section 92, the driver of a vehicle belonging to—

(a) the Director's Department;

(b) a fire-fighting organization; a rescue organization or hospital; or

(d) a traffic police department,

who drives a vehicle in the execution of his duties may exceed the applicable general speed limit: Provided that—

(a) he shall drive the vehicle concerned with due regard to the safety of other traffic; and

(b) in the case of a vehicle belonging to—

(i) the Director's Department;

(ii) a fire-fighting organization;

(iii) a rescue organization or hospital;

(iv) a traffic police department, or a vehicle driven by a person while he is engaged in civil protection, such vehicle shall be fitted with a device capable of emitting a sound or with a bell and with an identification lamp, as prescribed, and such device or bell shall be constantly sounded and such lamp shall be in operation while the vehicle is driven in excess of the applicable general speed limit.

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[Ch6901s94]94. Certain classes of motor vehicles to contain recording device to measure speed

(1) No person shall operate on a public road a motor vehicle of a prescribed class unless such vehicle is fitted with a prescribed automatic, electronic, electric or mechanical recording device to record the speed at which such motor vehicle is being driven.

(2) The driver of a motor vehicle of a class referred to in subsection (1) shall, when driving such motor vehicle on a public road, use the recording device referred to in subsection (1).

[Ch6901s95]95. Power of local authority to collect parking fees

(1) A local authority may charge fees in respect of the parking of vehicles on any public road or section thereof within its area of jurisdiction.

(2) The fees referred to in section (1) may differ in respect of different public roads or different sections of the same public road.

(3) (a) If a parking meter is installed for the purpose of collecting fees referred to in subsection (1), it shall be installed in conjunction with a demarcated parking bay or bays and shall bear thereon a legend indicating the days and hours when payment shall be made for parking and the amount payable for a specific period of parking.

(b) If any method other than a parking meter is used to collect the fees referred to in subsection (1), provision shall be made for a sign to be displayed at the parking area concerned indicating the days and hours when payment shall be made for parking, the amount payable for a specific period of parking and the manner of payment for a specific period of parking.

(4) (a) The period of time for which a vehicle may be lawfully parked in a parking bay referred to in subsection (3) (a), shall, unless the contrary is proved, be as measured by the parking meter for such bay.

(b) If any method other than a parking meter is used to collect the fees referred to in subsection (1), the period of time for which a vehicle may be lawfully parked in a parking area referred to in subsection (3) (b), shall, unless the contrary is proved, be as measured by means of the method concerned in respect of the vehicle concerned.

(5) Any local authority may established upon a public road within the area of its jurisdiction ranks or stands, to be known as special parking places, for the parking of passenger-carrying motor vehicles or any class of such vehicles and may make by-laws for the regulation and control of the use of those special parking places—

(a) to provide for the issue of permits allocating particular special parking places or subdivisions thereof to particular persons or vehicles for their exclusive use;

(b) to prohibit the use of any special parking place or subdivision so allocated by any other person or vehicle;

(d) to provide for matters incidental thereto:

Provided that provision may be made in any permit or in any renewal thereof for the limitation of the hours during which the holder shall have the exclusive use of a particular special parking place and during which the use thereof by any other person or vehicle is prohibited.

(6) By-laws made under subsection (5) shall provide for the annual renewal, subject to the good conduct of the applicant, of the right to use any such special parking place or subdivision thereof.

(7) All fees collected by a local authority by means of a parking meter, or in respect of any parking area or special parking place as contemplated in this section, shall, as far as possible, be used to defray the cost of, and incidental to, any scheme, work or undertaking for the improvement or regulation of traffic conditions within the area of such local authority, including the costs of installing and maintaining any such parking meter, parking area or special parking place.

(8) The exercise by a local authority of its powers under this section shall not render the local authority subject to any liability in respect of the loss of or damage to any vehicle or the contents or fittings of any such vehicle while such vehicle is in a parking area or special parking place.

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PART IX

RULES OF THE ROAD

[Ch6901s96]96. Vehicle to be driven on left side of roadway

(1) Any person driving a vehicle on a public road shall do so by driving on the left side of the roadway and, where such roadway is of sufficient width, in such manner as not to encroach on that half of the roadway to his right:

Provided that such encroachment shall be permissible—

(a) where it can be done without obstructing or endangering other traffic or property which is or may be on such half and for a period and distance not longer than is necessary and prudent and provided that it is not prohibited by a road traffic sign;

(b) in compliance with a direction of a traffic police officer or a road traffic sign; or

(2) The provisions of subsection (1) shall not apply in the case of a public road which is restricted to traffic moving thereon in one direction only.

[Ch6901s97]97. Driving on divided public road

(1) Whenever any public road has been divided into two or more roadways by means of an intervening space or by a physical barrier or dividing section so constructed as to impede vehicular traffic, no person shall drive a vehicle upon such public road except upon the left-hand roadway unless directed or permitted by an appropriate road traffic sign or a traffic police officer to use another roadway.

(2) No person shall drive a vehicle on, over, across or within any dividing space, barrier or section referred to in subsection (1), except through an opening in such space, barrier or section or at a cross-over or intersection:

Provided that no person shall so drive through any such opening or at any such cross-over or intersection where such driving is prohibited by an appropriate road traffic sign or by a traffic police officer:

Provided further that the provisions of this subsection shall not apply to a traffic police officer in the performance of his duties.

[Ch6901s98]98. Passing of vehicle

(1) Subject to the provisions of subsections (2) and (4) and section 96, the driver of a vehicle intending to pass any other vehicle proceeding in the same direction on a public road shall pass to the right thereof at a safe distance and shall not again drive on the left side of the roadway until safely clear of the vehicle so passed:

Provided that, in the circumstances as aforesaid, passing on the left of such vehicle shall be permissible if the person driving the passing vehicle can do so with safety to himself and other traffic or property which is or may be on such road and—

(a) the vehicle being passed is turning to its right or the driver thereof has signalled his intention of turning to his right;

(b) such road is a public road in an urban area and—

(i) is restricted to vehicles moving in one direction; and

(ii) the roadway is of sufficient width for two or more lines of moving vehicles;

(c) such road is a public road in an urban area and the roadway is of sufficient width for two or more lines of moving vehicles moving in each direction;

(d) the roadway of such road is restricted to vehicles moving in one direction and is divided into traffic lanes by appropriate road traffic signs; or

(e) he is driving in compliance with the directions of a traffic police officer or is driving in traffic which is under the general direction of such officer, and in accordance with such direction.

(2) The driver of a vehicle shall not pass other traffic proceeding in the same direction on a public road when approaching—

(a) the summit of a rise;

(b) a curve; or

(c) any other place where his view is so restricted that any such passing could create a hazard in relation to other traffic which might approach from the opposite direction, unless—

(i) he can do so without encroaching on the right-hand side of the roadway; or

(ii) the roadway of such road is restricted to vehicles moving in one direction.

(3) The driver of a vehicle on a public road shall, except in the circumstances referred to in the first proviso to subsection (1), upon becoming aware of other traffic proceeding in the same direction and wishing to pass his vehicle, cause his vehicle to travel as near to the left edge of the roadway as is possible, without endangering himself or other traffic or property on the roadway, and shall not accelerate the speed of his vehicle until the other vehicle has passed.

(4) When about to pass oncoming traffic, the driver of a vehicle on a public road shall ensure that the vehicle driven by him does not encroach on the roadway to his right in such manner as may obstruct or endanger oncoming traffic.

(5) The driver of a vehicle intending to pass a stationary bus on a public road shall do so with due care for the safety to persons who are approaching or leaving or may approach or leave such bus.

(6) Any person who contravenes subsection (2) shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding K10,000 or to imprisonment for a period not exceeding three years or both such fine and imprisonment.

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[Ch6901s99]99. Crossing or entering public road or traffic lane

(1) The driver of a vehicle shall not cross a public road unless the road is clear of moving traffic for a sufficient distance to allow him to cross the road without obstructing or endangering any such traffic.

(2) The driver of a vehicle shall not enter a public road unless he can do so with safety to himself and other traffic.

(3) The driver of a vehicle on a public road divided into traffic lanes by appropriate road traffic signs shall not turn from one lane into or across another lane unless he can do so without obstructing or endangering other traffic.

[Ch6901s100]100. Driving signals

The driver of a vehicle on a public road who intends to stop such vehicle or suddenly reduce speed thereof or to turn such vehicle to the left or to the right or to move such vehicle to the left or right on the roadway shall give a conspicuous signal of his intention, visible to any person approaching him from the front or from the rear or from the side and of a duration sufficient to warn any such person of his intention.

[Ch6901s101]101. Right of way at certain road junctions

The driver of a vehicle on a public road shall, when he intends to enter any portion of a public road which constitutes a junction of two or more public roads where vehicular traffic is required to move around a traffic island within such junction, yield the right of way to all vehicular traffic approaching from his right within such junction, unless his entry into such junction is controlled by an instruction given by a traffic police officer or a direction conveyed by a road traffic sign requiring him to act differently.

[Ch6901s102]102. Procedure when turning

(1) The driver of a vehicle on a public road who desires to turn to the left shall, having due regard to the provisions of section 101, before reaching the point at which he intends to turn, indicate his intention to turn and shall steer his vehicle as near to the left side of the roadway on which he is travelling as circumstances may permit and shall make such turn with due care and merge into the public road into which he desires to turn.

(2) The driver of a vehicle on a public road who desires to turn to the right shall, having due regard to the provisions of section 101, before reaching the point at which he desires to turn, indicate his intention to turn and shall not effect such turning unless he can do so without obstructing or endangering other traffic and—

(a) if he is driving a vehicle on the roadway of a public road which roadway is intended for traffic in both directions—

(i) he shall steer such vehicle as near as circumstances may permit to the immediate left of the middle of the roadway on which he is travelling; and

(ii) where the turn is at an intersection, he shall not encroach on the right half of the roadway into or out of which he intends to turn, except in the intersection itself, but shall in any event pass to the left of any traffic island in such intersection or comply with the direction conveyed by any appropriate road traffic sign; or

(b) if he is driving a vehicle on a roadway of a public road where such roadway is intended for traffic in only one direction—

(i) he shall steer such vehicle as near as circumstances permit to the right side of such roadway; and

(ii) where the turn is at an intersection, he shall not encroach on the right half of the roadway into which he intends to turn, except in the intersection itself but shall in any event pass to the left of any traffic island in such intersection or comply with the direction conveyed by an appropriate road traffic sign:

Provided that where such turn is to be made into a roadway intended for traffic only in one direction, he may encroach on the right half of that roadway.

[Ch6901s103]103. Towing of vehicles

No person may operate any vehicle on a public road while towing or drawing another vehicle save in the manner prescribed for the towing or drawing of any vehicle by another vehicle on a public road.

[Ch6901s104]104. Stopping of vehicles

Except in order to avoid an accident or in compliance with a road traffic sign or with a direction given by a traffic police officer or for any cause beyond the control of the driver, no person shall stop a vehicle on the roadway of a public road—

(a) alongside or opposite an excavation or obstruction on the public road if other traffic would be obstructed or endangered by such stopping;

(b) within any tunnel or subway or on any bridge or within six metres of any tunnel, subway or bridge;

(c) on, or within six metres from the beginning or end of, any part of such roadway where the normal width thereof has for any reason been constricted;

(d) in contravention of any road traffic sign;

(e) on the right-hand side of such roadway facing oncoming traffic;

(f) alongside or opposite any other vehicle on such roadway, where such roadway is less than nine metres wide;

(g) within the railway reserve at a level crossing;

(h) within nine metres of his approaching site of a pedestrian crossing demarcated by appropriate road traffic signs; or

(i) in any other place where the stopping of a vehicle would or would be likely to constitute a danger on an obstruction to other traffic.

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[Ch6901s105]105. Parking of vehicles

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

(a) in contravention of any road traffic sign;

(b) in any place referred to in section 104;

(c) on the same side as a fire hydrant within an area bounded by the centre line of the roadway and lines at right angles to such centre line one and a half metre on either side of the hydrant, if such hydrant is clearly visible to and recognizable as such by drivers of moving vehicles or if it is indicated by an appropriate road traffic sign;

(d) in any place where the vehicle would obscure any road traffic sign;

(e) in such manner as to encroach upon the sidewalk, if any; or

(f) in such manner as to obstruct any private or public vehicular entrance to such road.

(2) No person shall park a vehicle on any portion of the roadway, excluding the shoulders, of a public road outside an urban area or with any part of such vehicle within one metre of the edge of such roadway except in a parking place demarcated by an appropriate road traffic sign.

(3) No person shall park a vehicle on the roadway of a public road within an urban area—

(a) within nine metres of the side from which he approaches a pedestrian crossing demarcated by appropriate road traffic signs, unless such parking is permitted by appropriate road traffic signs;

(b) within five metres of any intersection unless such parking is permitted by a road traffic sign;

(d) (i) with the outside of any left-hand wheel thereof more than 450 millimetres within the roadway; or

(ii) where the public road concerned is restricted to vehicles moving in one direction and the vehicle is parked on the right-hand side of the roadway, with the outside of any right- hand wheel thereof more than four hundred and fifty millimetres within the roadway, unless such parking is permitted by appropriate road traffic sign; or

(e) which is less than five and a half metres wide unless the public road concerned is restricted to vehicles moving in one direction and such parking is permitted by appropriate road traffic signs.

(4) No person shall park a motor vehicle on a traffic island or in a pedestrian mall or a pedestrian lane.

(5) Whenever a vehicle has been parked in contravention of any provisions of this Act or in contravention of or in disregard of the directions of any road traffic sign or notice board such vehicle may be removed or caused to be removed and impounded by a traffic police officer or authorized officer, and unless the vehicle has been so parked in the course of a theft thereof, the owner shall bear the costs of such removal and impoundment.

[Ch6901s106]106. Certain vehicles may be stopped and parked at any place where necessary

(1) Notwithstanding the provisions of sections 104 and 105, the driver—

(a) of a car belonging to—

(i) fire-fighting organization;

(ii) a rescue organization or hospital;

(iii) a traffic police department or in the execution of its duties; or

(b) who drives a vehicle while it is used in construction or maintenance of a public road or is rendering essential public service, may stop or park the vehicle concerned at any place where it may be necessary to do so.

(2) A vehicle stopped or parked under subsection (1) shall, while such vehicle is so stopped or parked, display prescribed identification lamps.

[Ch6901s107]107. Compulsory stop

The driver of a vehicle on a public road shall stop such vehicle in compliance with any direction conveyed by a road traffic sign or given by a police officer in uniform.

[Ch6901s108]108. General duties of driver of vehicle or passenger on public road

(1) No person driving or having a vehicle on a public road shall—

(a) cause such vehicle to travel backwards for a distance or time longer than may be necessary for the safety or reasonable convenience of any occupant of that vehicle or of other traffic on such road;

(b) follow another vehicle more closely than is reasonable and prudent having regard to the speed of such other vehicle and the traffic on and the condition of the roadway, or more closely than is permitted;

(c) permit any person, animal or object to occupy any position in or on such vehicle which may prevent the driver thereof from exercising complete control over the movements of the vehicle or signalling his intention of stopping, slowing down or changing direction;

(d) when driving such vehicle, permit any person to take hold of or interfere with the steering or operating mechanism of the vehicle;

(e) when driving such vehicle, occupy such position that he does not have complete control over the vehicle or does not have a full view of the roadway and the traffic ahead of such vehicle;

(f) allow such vehicle to remain unattended on such road without so setting its brake or adopting such other method as will effectively prevent the vehicle from moving from the position in which it is left;

(g) if such vehicle is parked or is stationary at the side of such road, drive the vehicle from that position unless he is able to do so without interfering with moving traffic approaching from any direction and with safety to himself or others;

(h) fail to give an immediate and absolute right of way to a vehicle sounding a device or bell referred to in section 91 (3) or 93;

(i) fail to give way to any railway locomotive or rolling stock which is approaching or crossing such road;

(j) allow any portion of his body to protrude beyond such vehicle while it is in motion on such road except for the purpose of giving any hand signals which he is required or authorized to give under this Act or unless he is engaged in examining or testing or parking such vehicle;

(k) permit any person or animal to occupy the roof, any step or running board or any other place on top of a vehicle while such vehicle is in motion;

(l) cause or allow the engine thereof to run in such manner that it emits smoke or fumes which would not be emitted if the engine were in good condition or ran in an efficient manner;

(m) cause or allow the engine thereof to run while the motor vehicle is stationary and unattended;

(n) negligently or wilfully deposit or cause or permit to be deposited any petrol or other liquid fuel or any oil or other flammable or offensive matter, or other refuse, of whatever nature, from such vehicle upon or alongside such road;

(o) cause or allow the engine thereof to run while petrol or other flammable fuel is being delivered into the fuel tank of such vehicle, or cause or allow such engine to be started up before the delivery of the petrol or other flammable fuel into the fuel tank of such vehicle has been completed and the cover of such fuel tank has been replaced; or

(p) speak on a cellular phone unless the cellular phone is attached to the vehicle or the person pulls off the road.

(2) No person, other than the driver, shall take hold of or interfere with the steering or operating mechanism of a vehicle while it is in motion on a public road, unless it may reasonably be inferred that the driver is no longer capable of steering or controlling such vehicle.

(3) No passenger in a vehicle on a public road shall permit any part of his body to protrude beyond such vehicle.

(4) No person shall enter or alight from any vehicle on a public road unless such vehicle is stationary and unless he can do so with safety to himself and other users of the road.

(5) No person shall drive, pull or push a vehicle upon a sidewalk:

Provided that the provisions of this subsection shall not apply to a perambulator, invalid chair, baby cart or child's play vehicle.

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[Ch6901s109]109. Duties relating to motor cycle, motor tricycle or motor quadrucycle

(1) No person shall drive a motor cycle, motor tricycle or motor quadrucycle on a public road unless his feet are resting on the motor front foot-rests suitable for the purpose and where the design of such motor cycle, motor tricycle or motor quadrucycle makes it possible to do so, he is seated astride on the saddle of such motor cycle, motor tricycle or motor quadrucycle.

(2) No person shall on a public road carry a passenger on a motor cycle unless such cycle has an engine with a cylinder capacity exceeding fifty cubic centimetres and unless such passenger is seated in a side-car or astride on a pillion attached to such cycle and, in such latter event, the feet of the passenger are resting on foot-rests suitable for that purpose.

(3) No person shall ride on a motor cycle or in a side car attached to a motor cycle, motor tricycle or motor quadrucycle on a public road unless such person at all times wears a protective helmet of the pattern and standard as prescribed.

(4) Subject to the provisions of subsection (2), not more than two persons shall ride upon a motor cycle on a public road, excluding a person riding in a side-car attached to such motor cycle.

(5) Not more than two persons shall be carried in a side-car attached to a motor cycle on a public road.

(6) No person or animal or object shall be carried on a motor cycle, motor tricycle or motor quadrucycle on a public road in front of the driver thereof:

Provided that an object of a non-bulky nature may be so carried if securely attached to the motor cycle, motor tricycle or motor quadrucycle or placed in a suitable carrier fitted thereon for that purpose and carried in such a way as not to obstruct the driver's view or prevent his exercising complete control over such motor cycle, motor tricycle or motor quadrucycle.

(7) (a) Persons, other than traffic police officers in the performance of their duties, driving motor cycles on a public road, shall drive in single file except in the course of overtaking another motor cycle, and two or more persons driving motor cycles shall not overtake another vehicle at the same time:

Provided that where a public road is divided into traffic lanes, each such lane shall, for the purposes of this paragraph, be regarded as a public road; and

(b) For the purposes of paragraph (a), a motor cycle shall include a motor tricycle or motor quadrucycle.

(8) No person driving a motor cycle, motor tricycle or motor quadrucycle on a public road or seated on such motor cycle, motor tricycle or motor quadrucycle shall take hold of any other vehicle in motion.

(9) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so with at least one hand on the handle-bars of such motor cycle, motor tricycle or motor quadrucycle.

(10) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so with the headlight of such motor cycle, motor tricycle or motor quadrucycle illuminated at all times.

(11) Any person driving a motor cycle, motor tricycle or motor quadrucycle on a public road shall do so in such manner that all the wheels of such motor cycle, motor tricycle or motor quadrucycle are in contact with the surface of the road at all times.

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[Ch6901s110]110. Vehicle causing excessive noise

No person shall operate or permit to be operated on a public road a vehicle causing noise—

(a) in excess of the prescribed noise level; or

(b) resulting from the use of methods, accessories or appliances the use of which is prohibited by regulation.

[Ch6901s111]111. Use of hooter

No person shall on a public road use the audible warning device or hooter of a vehicle except when such use is necessary in order to comply with the provisions of this Act or on the grounds of safety.

[Ch6901s112]112. Riding on pedal cycles

(1) No person shall ride a pedal cycle on a public road unless he is seated astride on the saddle of such pedal cycle.

(2) Persons riding pedal cycles on a public road shall ride in single file except in the course of overtaking another pedal cycle, and two or more persons riding pedal cycles shall not overtake another vehicle at the same time.

(3) No person riding or seated on a pedal cycle on a public road shall take hold of any other vehicle in motion.

(4) No person riding a pedal cycle on a public road shall deliberately cause such pedal cycle to swerve from side to side.

(5) No person riding a pedal cycle on a public road shall carry thereon any person, animal or object which obstructs his view or which prevents him from exercising complete control over the movements of such pedal cycle.

(6) A person riding a pedal cycle on a public road shall do so with at least one hand on the handle-bars of such pedal cycle.

(7) Whenever a portion of a public road has been set aside for use by persons riding pedal cycles, no person shall ride a pedal cycle on any other portion of such road.

(8) A person riding a pedal cycle on a public road or a portion of a public road set aside for use by persons riding pedal cycles shall do so in such manner that all the wheels of such pedal cycle are in

contact with the surface of the road at all times.

[Ch6901s113]113. Device running on rails

(1) Whenever rails laid across any public road are used for the purposes of any locomotive or other device running on rails, whether such device is drawn or propelled, no person driving or being in charge of such locomotive or device shall cause or allow such locomotive or device to cross such public road unless he has given sufficient warning to users of such roadway of the intention to drive, draw or propel the locomotive or device across such road.

(2) No person driving or being in charge of any locomotive or device mentioned in subsection (1) shall cause or allow it to be stopped on a public road in such manner as to obstruct or hinder traffic on such road:

Provided that the provisions of this subsection shall not apply to a locomotive or device mentioned in subsection (1) which is temporarily stopped on a public road—

(a) in compliance with an order or instruction, whether in writing or otherwise, or a hand signal or any other signal in relation to the use of such locomotive or device;

(b) for the purpose of loading or off-loading goods or allowing persons to board or alight at any place; or

[Ch6901s114]114. Animal on public road

(1) Subject to the provisions of subsection (3), no person shall leave or allow any animal to be on any section of a public road and no person shall leave such animal in a place from where it may stray onto such section of a public road.

(2) The owner of any animal left or allowed to be on any section of the public road under subsection (1) shall be vicariously liable for the acts of the person actually in charge of the animal.

(3) The provisions of subsection (1) shall not apply—

(a) to any animal which is being ridden or is being used to draw a vehicle along a public road; or

(b) to any animal which is being driven from one place to another in such manner as not to constitute a source of danger or injury to any person or vehicle using such road.

(4) In any prosecution for a contravention of subsection (1), it shall be presumed, until the contrary is proved, that any animal referred to in subsection (1) was left or allowed to be on the public road.

(5) No person shall drive an animal referred to in subsection (1)—

(a) along a public road during the period from sunset to sunrise, unless a person carrying a red light visible in clear weather for a distance of at least one hundred and fifty metres tends such an animal or, in the case of a flock or herd of more than ten animals, a person tending such animals and carrying a light as aforesaid precedes and another such person carrying a light as aforesaid follows such animals; or

(b) along a public road during any other period, unless a person displaying in a conspicuous manner a red cloth of not less than three hundred millimetres by three hundred millimetres, tends such animal or, in the case of a flock or herd of more than ten animals, a person tending such animals and displaying a cloth as aforesaid precedes and another such person displaying a cloth as aforesaid follows such animals.

(6) A person in charge of an animal on a public road shall tend the animal in such a manner so as not to constitute an obstruction or danger to other traffic.

(7) A traffic police officer may take charge of any animal referred to in subsection (1) on a public road or take such steps in respect of the animals as may be prescribed.

[Ch6901s115]115. Animal-drawn vehicles

(1) No person shall operate an animal-drawn vehicle on a public road unless the name and address of the owner thereof is affixed or painted in a conspicuous position on the left side of such vehicle in letters not less than twenty-five millimetres high.

(2) No person shall operate an animal-drawn vehicle on a public road unless the vehicle and the harness and other equipment thereof are in an efficient and safe condition.

(3) The owner of an animal-drawn vehicle shall not cause or permit such vehicle to be used on a public road by any person who is not competent whether by reason of his age or otherwise to drive and control such vehicle.

(4) The driver of an animal-drawn vehicle on a public road shall at all times give his undivided attention to the driving of the vehicle under his control and if the vehicle is standing on a public road, the driver shall not cease to retain control over every animal which is still harnessed to the vehicle, unless some other person competent to do so takes charge of every such animal or every such animal is so fastened that it cannot move from the place where it has been left.

(5) No person shall operate on a public road a vehicle drawn by a team of animals not controlled by reins unless there is a person leading the team and exercising control over such team.

(6) The driver or other person in charge of a vehicle drawn by any animal shall not, on a public road outside an urban area, permit such vehicle to follow any other vehicle similarly drawn at a distance of less than one hundred and fifty metres reckoned from the foremost animal of such first-mentioned

vehicle, except for the purpose of overtaking a vehicle travelling at a slower speed or when a vehicle travelling at a greater speed, having overtaken such vehicle, is drawing away from it.

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[Ch6901s116]116. Pedestrian's right of way in pedestrian crossing

(1) Where a pedestrian crossing is situated in conjunction with a traffic signal, a pedestrian shall not enter such crossing except in accordance with the indications of such traffic signal.

(2) In circumstances not referred to in subsection (1), the driver of a vehicle shall yield the right of way slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a pedestrian crossing when the pedestrian is upon that half of the roadway upon which the vehicle is travelling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(3) No pedestrian shall suddenly enter a pedestrian crossing and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield as referred to in subsection (2).

(4) Whenever any vehicle is stopped at a pedestrian crossing to permit pedestrians to cross the roadway, the driver of any other vehicle approaching from the rear shall not pass such stopped vehicle.

[Ch6901s117]117. Duties of pedestrians

(1) Whenever a sidewalk or footpath abuts on the roadway of a public road, a pedestrian shall not walk on such roadway except for the purpose of crossing from one side of such roadway to the other or for some other sufficient reason.

(2) A pedestrian on a public road which has no sidewalk or footpath abutting on the roadway shall walk as near as is practicable to the edge of the roadway on his right-hand side so as to face oncoming traffic on such roadway, except where the presence of pedestrians on the roadway is prohibited by a road traffic sign.

(3) No pedestrian shall cross a public road without satisfying himself that the roadway is sufficiently free from oncoming traffic to permit him to cross the road in safety.

(4) A pedestrian, when crossing a public road by means of a pedestrian crossing or in any other manner, shall not linger on such road but shall proceed with due despatch.

(5) No pedestrian on a public road shall conduct himself in such a manner as to or as is likely to constitute a source of danger to himself or to other traffic which is or may be on such road.

(6) A pedestrian may cross a public road only at a pedestrian crossing or an intersection or at a distance further than fifty metres from such pedestrian crossing or intersection.

(7) A pedestrian on or along a public road shall comply with traffic directions given to the pedestrian by a traffic police officer or a road traffic sign.

[Ch6901s118]118. Racing and sport on a public road

(1) For the purposes of this section the expression "race or sport” includes—

(a) any race, speed trial, reliability trial; hill climbing competition or sports meeting;

(b) any other activity whatsoever—

(i) which may constitute a source of danger to traffic; or

(ii) which may hamper, impede or disrupt the normal flow of traffic.

(2) No person shall organize or take part in any race or sport on a public road, unless the prior written consent of the Director has been obtained or, where the race or sport will take place wholly within the area of jurisdiction of a local authority, the prior written consent of such local authority has been obtained.

(3) In granting consent under subsection (2), the Director or the local authority may—

(a) in addition to any requirement, impose such further conditions as he or it may deem expedient;

(b) exempt any person concerned with the race or sport for the duration thereof—

(i) from any provision of this Act regarding any speed limit or determine another speed limit for the road concerned;

(ii) from any other provision of this Act or from any by-law;

(c) levy fees for defraying the expenses incurred by the Director or local authority in connexion with the race or sport.

(4) Any consent granted under subsection (2) may be withdrawn at any time.

[Ch6901s119]119. Hindering or obstructing traffic on public road

(1) No person shall wilfully or unnecessarily prevent, hinder or interrupt the free and proper passage of traffic on a public road.

(2) Subject to the provisions of this Act or any other law, no person shall place or abandon or cause to be placed or abandoned on a public road any object that may endanger or cause damage to traffic on such road.

[Ch6901s120]120. Vehicle left or abandoned on public road

(1) Any vehicle standing on a public road in a position or in circumstances which in the opinion of a traffic police officer or authorized person are likely to cause danger or an obstruction to other traffic on such road may be removed forthwith to a safer place by any such traffic police officer or authorized person or any authority instructed by such officer or authorized person to remove such vehicle:

Provided that such traffic police officer or person or authority shall, in removing such vehicle, use such device or devices as may be necessary having regard to the public safety.

(2) Any vehicle—

(a) parked in a place where—

(i) the stopping of a vehicle is prohibited under section 104; or

(ii) a vehicle of a class to which such vehicle belongs may not be parked;

(b) left for a continuous period of more than—

(i) forty-eight hours in the same place on a public road outside an urban area;

(ii) seventy-two hours in the same place on a public road within an urban area; or

(i) no registration number is affixed or, a false registration number is affixed; or

(ii) no other number or anything else is affixed which may, serve to identify the owner, shall be deemed to have been abandoned by the owner and such vehicle may be removed by or on behalf of the Director or local authority having jurisdiction over the place or road concerned and the Director or such local authority shall take all reasonable steps to trace the owner and the owner shall, be liable to the Director or such local authority for the expenses incurred—

(A) in the removal of such vehicle;

(B) in keeping the vehicle in custody for a period not exceeding four months; and

(C) in connexion with the endeavour to trace him, and the Director or such local authority may, subject to the provisions of subsection (3), retain possession of such vehicle until such expenses have been paid.

(3) If—

(a) such owner is traced by the Director or local authority referred to in subsection (2) and fails to recover the vehicle concerned and pay the expenses referred to in that subsection within one month after being requested to do so; or

(b) after a lapse of three months from the date of removal contemplated in subsection (2), the owner cannot be traced, such vehicle or anything contained therein may be sold by auction by the Director or local authority and in the case of sale by a local authority, such local authority shall notify the Director of the sale.

(4) The proceeds of any sale referred to in subsection (3) shall be applied firstly to the costs of the removal, custody and sale of the vehicle concerned and all the endeavours made to trace the owner of such vehicle and any balance shall be paid to the owner thereof upon his establishing his claim thereto:

Provided that if no claim can be established within one year from the date of such sale, such balance shall be forfeited to the Director or the local authority concerned.

(5) The Director or any local authority referred to in subsection (2) may delegate, either generally or specifically, any power conferred upon the Director or local authority under that subsection to any organization or person.

(6) The reasonable exercise by the Director or any local authority of the powers conferred by this section shall not render the Director or local authority subject to any liability in respect of the loss or theft of or damage to any vehicle or part thereof or of anything therein or thereon.

(7) Subject to the provisions of any other law, no person shall leave a vehicle in the same place on a public road for a continuous period of more than seventy-two hours.

[Ch6901s121]121. Damage to public road

No person shall on a public road—

(a) cause any wheel of any vehicle to drag or spin upon the surface of the roadway, except in the case of an emergency;

(b) make use of chocks or shoes between any wheel of any vehicle moving along the roadway and the surface of such roadway; or

(c) use any vehicle or thing or move any vehicle or thing on the roadway in a manner causing or likely to cause damage thereto.

[Ch6901s122]122. Trading on public roads

Except—

(a) on or in premises zoned or demarcated for that purpose by a competent authority under any written law; or

(b) in such circumstances and in accordance with such requirements as may be prescribed or determined by by-law, no person shall sell, display, offer for sale or deliver pursuant to a sale, any goods—

(i) on or alongside a public road inside an urban area, within one hundred and eighty metres of a railway level crossing or any road traffic sign denoting a blind corner or rise thereon or within five metres from any intersection thereon; or on or alongside any public road:

Provided that where the public road is inside an urban area, the competent authority of such urban area shall not so zone or demarcate premises in such urban area situated alongside such a road, without the prior written approval of the Director.

[Ch6901s123]123. Requirement on vehicles to stop for President

(1) When a vehicle in which the President is travelling is in motion on any road and is accompanied by an escort, the driver of every other vehicle on that road shall, as soon as the leading vehicle of the escort is within such a distance as to be easily recognizable, draw his vehicle as is reasonably practicable to the side of the carriageway and shall stop such vehicle until the vehicle in which the President is travelling and its escort have passed.

(2) No person driving a vehicle shall overtake or attempt to overtake any vehicle in which the President is travelling with an escort or any vehicle in such escort.

(3) When the vehicle in which the President is travelling and the escort are stationary on the carriageway every person driving a vehicle shall conform to any traffic directions given by a police officer.

(4) In this section "escort” means the vehicle or vehicles in which the President and his staff are travelling and includes a police car immediately preceding and following the same.

(5) For the purposes of this section the two sides of a dual carriageway shall together be deemed to constitute one road.

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PART X

ACCIDENTS AND ACCIDENT REPORTS

[Ch6901s124]124. Duty of driver in event of accident

(1) The driver of a vehicle on a public road at the time when such vehicle is involved in or contributes to any accident in which any other person is killed or injured or suffers damage in respect of any property—

(a) shall immediately stop the vehicle;

(b) shall ascertain the nature and extent of any injury sustained by any person;

(d) shall ascertain the nature and extent of any damage sustained;

(e) shall, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle driven by him and, in the case of a motor vehicle, the registration or similar mark thereof;

(f) shall, if he has not already furnished the information referred to in paragraph (e) to a traffic police officer at the scene of the accident, and unless he is incapable of doing so by reason of injuries sustained by him in the accident, as soon as is reasonably practicable, and in any case within twenty-four hours after the occurrence of such accident, report the accident to any police officer at a police station or at any office set aside by a competent authority for use by a traffic police officer, and there produce his driver's licence and such information as is referred to in that paragraph; and

(g) shall not, except on the instructions of or when administered by a medical practitioner in the case of injury or shock, take any intoxicating liquor or drug having narcotic effect unless he has complied with the provisions of paragraph (f), where it is his duty to do so, and has been examined by a medical practitioner if such examination is required by a traffic police officer:

Provided that for the purposes of subsection (1) (a) and (b), where the driver is genuinely apprehensive of his safety he shall not be required to stop but shall drive straight to a police station and report the accident.

(2) No person shall in an urban area remove any vehicle involved in an accident in which another person is killed or injured from the position in which it came to rest, until such removal has been authorized by a traffic police officer, except when such accident causes complete obstruction of the roadway of a public road, in which event the vehicle involved, may without such authority and after its position has been clearly marked on the surface of the roadway by the person moving it, be moved sufficiently to allow the passage of traffic.

(3) Subject to subsection (2), no person shall remove a vehicle involved in an accident from the scene of such accident, other than for the purpose of sufficiently allowing the passage of traffic, without the permission of the owner, driver or operator of such vehicle or a person who may lawfully take possession of such vehicle.

(4) In any prosecution for a contravention of any provision of this section it shall be presumed, until the contrary is proved, that the accused was aware of the fact that the accident had occurred, and that he did not report the accident or furnish the information as required by subsection (1)(f).

(5) Any person who contravenes subsection (1) shall be guilty of an offence and upon conviction shall be liable—

(a) in the case of the death of or injury to a person where it is proved that the person

convicted has failed to comply with paragraphs (a), (b), (c) or (f) of subsection (1), to a fine not exceeding K20,000 or to imprisonment for a period not exceeding five years or to both such fine and imprisonment;

(b) in the case of damage in respect of any property of another person where it is proved that the person convicted has failed to comply with paragraphs (a), (d) or (f) of subsection (1), to a fine not exceeding K10,000 or to imprisonment for a period not exceeding two years or to both such fine and imprisonment; or

(c) where it is proved that he has failed to comply with paragraph (e) or (g) of subsection(1), to a fine not exceeding K5,000 or to imprisonment for a period not exceeding one year or to both such fine and imprisonment; or

(d) in the case of damage in respect of an animal of another person where it is proved that the person convicted has failed to comply with paragraphs (a), (b) or (f) of subsection (1) to a fine not exceeding K5,000 or to imprisonment for a period not exceeding six months but not both.

[Ch6901s125]125. Garage to keep record of motor vehicle involved in accidents

(1) Any person in charge of a garage or other place where motor vehicles are repaired, and to which any motor vehicle showing signs or marks of having been involved in an accident is brought for the purpose of the repair of such signs or marks, shall keep a record specifying the nature of such signs or marks, the engine number, chassis number and the registration or similar mark and number, and if known, the name and address of the owner and driver of such vehicle.

(2) A person required to keep a record under subsection (1) shall retain such record for a period of three years from the date on which it was made and any such record shall, on demand, be produced to a traffic police officer.

PART XI

RECKLESS OR NEGLIGENT DRIVING, INCONSIDERATE DRIVING, DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR A DRUG HAVING A NARCOTIC EFFECT AND MISCELLANEOUS OFFENCES

[Ch6901s126]126. Reckless or negligent driving

(1) No person shall drive a vehicle on a public road recklessly or negligently.

(2) Without restricting the ordinary meaning of the word "reckless” any person who drives a vehicle in wilful or want on disregard for the safety of persons or property shall be deemed to drive that vehicle recklessly.

(3) In considering whether an offence has been committed under subsection (1), the court shall have regard to all circumstances of the case, including, but without prejudice to the generality of the foregoing provisions of this section, the nature, condition and use of the public road upon which the offence is alleged to have been committed, the amount of traffic which at the time actually was or which could reasonably have been expected to be upon that road and the speed at and manner in which the vehicle was driven.

(4) Any person who contravenes subsection (1) shall be guilty of an offence and upon conviction shall be liable—

(a) in the case where the court finds that the offence was committed by driving recklessly, to a fine not exceeding K10,000 or to imprisonment for a period not exceeding three years or to both such fine and imprisonment;

(b) in the case where the court finds that the offence was committed by driving negligently, to a fine not exceeding K5,000 or to imprisonment for a period not exceeding two years or to both such fine and imprisonment; or

(c) in the case where death results from reckless or negligent driving, to a fine not exceeding K30,000 or to imprisonment for a period not exceeding three years or to both such fine and imprisonment and for subsequent offence to imprisonment for three years with no option of a fine and permanent revocation of a driver's licence.

[Ch6901s127]127. Inconsiderate driving

(1) No person shall drive a vehicle on a public road without reasonable consideration for any other person using the road.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding K2,000 or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

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[Ch6901s128]128. Driving while under the influence of intoxicating liquor or drug having narcotic effect or with excessive amount of alcohol in blood

(1) No person shall on a public road—

(a) drive a vehicle;

(b) occupy the driver's seat of motor vehicle the engine of which is running; or

(2) No person shall on a public road—

(a) drive a vehicle;

(b) occupy the driver's seat of a motor vehicle the engine of which is running; or

(c) being the holder of a driver's licence, occupy the seat in a motor vehicle next to a holder of a learner's licence while the holder of the learner's licence is or was driving the vehicle on a public road, while any specimen of breath, blood or urine taken from his body indicates an alcohol concentration of not less than either 0.08 grams of alcohol per one hundred millilitres of blood or 0.08 grams of alcohol per two hundred and ten litres of breath.

(3) Where a traffic police officer has reason to believe that any person—

(a) is or was driving a vehicle upon a public road;

(b) is or was occupying the driver's seat of a motor vehicle the engine of which is running;

(c) being the holder of a driver's licence, is or was occupying the seat in a motor vehicle next to a holder of a learner's licence while the holder of the learner's licence is or was driving the vehicle on a public road, then such traffic police officer may require that person to undergo a breath test in accordance with the directions given by such traffic police officer or provide a sample of blood or urine.

(4) A traffic police officer may arrest any person without warrant—

(a) when the result of the breath test specified in subsection (3) exceeds the limit of alcohol concentration expressed in subsection (2); or

(b) when the person refuses or fails to—

(i) undergo a breath test as specified in subsection (3); or

(ii) provide a sample of blood or urine as directed in subsection (3) by a traffic police officer.

(5) No person shall, who when required by a traffic police officer under subsection (3) to—

(a) submit to a breath test—

(i) refuse or fail to submit to the test; or

(ii) willfully do anything to alter the concentration of the alcohol in his blood; or

(b) provide a sample of blood or urine, refuse or fail to do so.

(6) If, in any prosecution for a contravention of the provisions of subsection (2), it is proved that the concentration of alcohol in any specimen taken from the body of the person concerned was not less than 0.08 grams of alcohol per one hundred millilitres of blood or 0.08 grams of alcohol per two hundred and ten litres of breath at any time within two hours after the alleged offence, it shall be presumed, until the contrary is proved, that such concentration was not less than 0.08 grams of alcohol per one hundred millilitres of blood or two hundred and ten litres of breath at the time of the alleged offence.

(7) In any civil or criminal action or proceedings for a contravention of the provisions of subsection (1) or (2) evidence of the concentration of alcohol or other drugs in a person's blood or breath at the time of the contravention as determined by analysis of the person's blood, urine, breath or other bodily substance shall be admissible.

(8) Where in any prosecution under this Act, evidence is tendered of the analysis of a specimen of breath, blood or urine of any person, it shall be presumed, until the contrary is proved, that any device used for obtaining such specimen and the receptacle in which such specimen was placed for despatch to an analyst if required, were free from any substance or contamination which could have affected the result of such analysis.

(9) Any person convicted of an offence under subsection (1) or (2) shall be liable—

(a) to a fine not exceeding K10,000 or to imprisonment for a period not exceeding three years or to both such fine and imprisonment; or

(b) in the case of the death of or injury to a person, to a fine not exceeding K50,000 or to imprisonment for a period not exceeding five years or to both such fine and imprisonment, for a second or subsequent offence no option of a fine but to imprisonment of five years and permanent revocation of a driver's licence.

[Ch6901s129]129. Unauthorized acts in relation to vehicle

(1) No person shall, without reasonable cause or without the consent of the owner, operator or person in lawful charge of a vehicle—

(a) set the machinery thereof in motion;

(b) place such vehicle in gear;

(d) enter or climb upon such a vehicle.

(2) No person shall ride in or drive a vehicle without the consent of the owner, operator or person in lawful charge thereof.

(3) No person shall without lawful excuse tamper with a vehicle or with any part of the equipment or the accessories of any vehicle or wilfully damage the vehicle or throw any object at any such vehicle.

(4) No person shall, without the written consent of the Director alter, obliterate or mutilate the engine number or chassis number of a motor vehicle or allow it to be altered, obliterated or multilated.

(5) Any person convicted of an offence under this section shall be liable to a fine not exceeding K10,000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

[Ch6901s130]130. Furnishing false information

Without derogating from any other provision of this Act, no person shall—

(a) in connexion with any application under this Act; or

(b) in connexion with the furnishing of any information which, to his knowledge, is to be or may be used for any purpose under this Act, make a declaration or furnish information which to his knowledge is false or in any material respect misleading.

[Ch6901s131]131. Unlawful acts in relation to registration number, registration mark or certain documents

(1) No person shall—

(a) falsify or counterfeit or, with intent to deceive, substitute, alter, deface or mutilate or add anything to a registration number or a registration mark or a similar number or mark issued by a competent authority outside Malawi; or

(b) be in possession of such number or mark which has been falsified or counterfeited or so substituted, altered, defaced or mutilated or to which anything has been so added.

(2) No person shall—

(a) falsify or counterfeit or, with intent to deceive, substitute, alter, deface or mutilate or add anything to a certificate, licence or other document issued or recognized under this Act; or

(b) be in possession of such certificate, licence or other document which has been falsified or counterfeited or so substituted, altered, defaced or mutilated or to which anything has been so added.

(3) No person shall—

(a) use a certificate, licence or other document issued or recognized under this Act and of which he is not the holder; or

(b) permit such certificate, licence or other document of which he is the holder to be used by any other person.

(4) Where in a prosecution for a contravention of subsection (1) (b) or (2) (b) it is proved that a person was found in possession of a registration number or a registration mark or a similar number or mark or a document which has been falsified or counterfeited or substituted, altered, defaced or mutilated or to which anything has been added, it shall until the contrary is proved, be presumed that such person knew that—

(a) such number, mark or document was—

(i) falsified or counterfeited; or

(ii) substituted, altered, defaced or mutilated with intent to deceive; or

(b) whatever was added to such number, mark or document was added thereto with intent to deceive.

(5) No person shall—

(a) with intent to deceive, tamper with the engine or chassis number of a motor vehicle; or

(b) without lawful cause be in possession of a motor vehicle of which the engine or chassis number has been tampered with.

(6) Where in prosecution for a contravention of subsection (5) it is proved that a person was found in possession of a motor vehicle the engine or chassis number of which has been tampered with, it shall, until the contrary is proved, be presumed that such person knew that such number had been tampered with intent to deceive.

(7) Any person convicted of an offence under subsections (1), (2), (3), or (5) shall be liable to a fine not exceeding K10,000 or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.

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PART XII

PRESUMPTIONS AND LEGAL PROCEDURE

[Ch6901s132]132. Presumption in regard to public road, freeway and public road in urban areas

(1) Where in any prosecution under this Act it is alleged that an offence was committed on a public road, the road concerned shall, until the contrary is proved, be presumed to be a public road.

(2) Where in any prosecution under this Act it is alleged that an offence was committed on a freeway, the road concerned shall, until the contrary is proved, be deemed to be a freeway.

(3) Where in any prosecution under this Act it is alleged that an offence was committed on a public road in an urban area, the road concerned shall, until the contrary is proved, be presumed to be a public road in an urban area.

[Ch6901s133]133. Presumption in regard to mass ascertained by a mass-measuring bridge or other mass-measuring instrument

Where in any criminal proceedings arising out of an alleged contravention of this Act, evidence to prove such contravention is given of any mass as ascertained by means of a mass-measuring bridge or other mass-measuring instrument, such mass shall be deemed to be correct until the contrary is proved.

[Ch6901s134]134. Presumption in regard to gross vehicle mass of motor vehicle

Where in any prosecution under this Act it is alleged that an offence was committed in relation to the gross vehicle mass of a motor vehicle, the mass so alleged shall, in the absence of evidence as contemplated in section 133, be presumed, until the contrary is proved, to be the gross vehicle mass of such vehicle.

[Ch6901s135]135. Proof of gross vehicle mass of motor vehicle

Any document purporting to have been issued by a manufacturer and stating the gross vehicle mass of any particular model of motor vehicle manufactured by him, shall be prima facie evidence as to the gross vehicle mass of such model.

[Ch6901s136]136. Presumption that owner drove or parked vehicle

(1) Where in any prosecution relating to the driving of a vehicle on a public road, it is immaterial to prove who was the driver of a vehicle, it shall be presumed, until the contrary is proved, that such vehicle was driven by the owner thereof.

(2) Whenever a vehicle is parked in contravention of any provision of this Act, it shall be presumed, until the contrary is proved, that such vehicle was parked by the owner thereof.

(3) For the purposes of subsections (1) and (2) it shall be presumed until the contrary is proved, that, where the owner of the vehicle concerned is a corporate body, such vehicle was driven or parked, as contemplated in those subsections, by a director or servant of the corporate body in the exercise of his powers or in the performance of his duties as such director or servant or in furthering or endeavouring to further the interests of the corporate body.

[Ch6901s137]137. Presumption in regard to officers

In any prosecution under this Act, the fact that any person purports to act or has purported to act as a traffic police officer or an examiner, or any other authorized person, shall be prima facie evidence of his appointment and authority so to act:

Provided that the provisions of this section shall not apply with regard to a prosecution on a charge relating to impersonation.

PART XIII

REGISTERS AND RECORDS

[Ch6901s138]138. Register of records to be kept

(1) The registers or records as may be prescribed shall be kept by—

(a) the Director;

(b) a motor vehicle inspection station;

(d) any court convicting a person of an offence under this Act;

(e) any local authority; and

(f) any other person determined by the Minister by notice published in the Gazette.

(2) The prescribed particulars shall be recorded in the prescribed manner in the registers and records referred to in subsection (1).

(3) Any authority referred to in subsection (1) shall, in the manner and at such intervals, furnish the Minister or any person or body designated by the Minister with information recorded in a register or record of such authority and the Minister shall from the information so furnished compile or cause to be compiled such register as he may deem fit.

(4) The Minister may prescribe that any person or organization shall keep such additional registers or records as he may deem expedient.

[Ch6901s139]139. Copy of entry in register or record to be evidence

(1) A document purporting to be an extract from or copy of any register or record kept in terms of this Act and purporting to be certified as such shall in any court and upon all occasions whatsoever be admissible as evidence and shall be prima facie evidence of the truth of the matters stated in such document without the production of the original register or record or any certificate, licence, other document, microfiche, microfilm or computerized record from or of which such extract or copy was made.

(2) The information contained in a register or record kept for the purposes of this Act shall be furnished to—

(a) a traffic police officer or an examiner who requires it for the performance of his duties;

(b) any person authorized thereto by the Minister or the Director to demand such furnishing;

(d) a local authority:

Provided that the consent of the Minister or any person authorized thereto by him shall be obtained before such information is furnished to an authority referred to in paragraph (c).

(3) Any authority keeping a register or record under section 138 shall, upon payment of the prescribed fees, confirm whether or not certain information corresponds to the information contained in such register or record, to any person who, in the opinion of such authority, on reasonable grounds requires confirmation of such information.

[Ch6901s140]140. Cognizance may be taken of information contained in register or record

The Minister or the Director may, in exercising a discretion or taking a decision under this Act, take cognizance of the information contained in a register or record contemplated in section 138.

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PART XIV

COMPULSORY THIRD PARTY INSURANCE

[Ch6901s141]141. Users of motor vehicle to be insured against third party risks

(1) Subject to this Act, it shall not be lawful for any person to use or cause or permit any other person to use a motor vehicle on a public road unless there is in force in relation to the use of such motor vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the requirement of this Part.

(2) Any person who contravenes subsection (1), shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding K10,000 or to imprisonment for a period not exceeding two years or to both fine and such imprisonment.

(3) Where any person is convicted of an offence under subsection (1), the court convicting him shall, in addition to any other penalty, disqualify him from holding or obtaining a driving licence, for a first offence, for a period of not less than six months, and for a second offence a period of not less than one year and for a third and subsequent offence for a period of not less than 5 years.

[Ch6901s142]142. Saving in respect of liability

A person charged with using a motor vehicle in contravention of section 144 shall not be convicted if he proves that such motor vehicle did not belong to him and was not in his possession under a contract of hire or of loan, that he was using the motor vehicle in the course of his employment and that he neither knew nor had reason to believe that there was not in force in relation to such motor vehicle a policy of insurance or security as compiled with the requirements of this Part.

[Ch6901s143]143. Requirements in respect of policies of insurance

In order to comply with the requirements of this Part a policy of insurance must be a policy

which—

(a) is issued by an insurer approved by the Director; and

(b) insures such persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of—

(i) the death of or bodily injury to any person; or

(ii) damage to property, caused by or arising out of the use of the motor vehicle on a public road.

[Ch6901s144]144. Restriction of liability

A policy of insurance shall not be required to cover—

(a) any liability in respect of the death of or bodily injury to a person in the employment of a person insured by the policy if such death or bodily injury arises out of and in the course of his employment;

(b) except in the case of a motor vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, liability in respect of the death of or bodily injury to persons being carried in or upon entering or getting on to or alighting from such motor vehicle at the time of the occurrence of the event out of which the claims arose;

(i) in respect of a total sum in excess of the prescribed amount or the policy limits whichever is the larger arising out of the claims for any one person in respect of the death of or bodily injury to any person;

(d) liability under section 143 (b) (ii)—

(i) in respect of a total sum in excess of the prescribed amount or the policy limits whichever is the larger arising out of the claims for any one accident in respect of each motor vehicle or combination of motor vehicles concerned;

(ii) for damage to property of or in the possession, custody or control of the person insured, his agent, driver or representative;

(iii) for damage to property in or on the motor vehicle of the person insured; or

(iv) for damage to any bridge, weighbridge, road, ramp, ferry, railway line, or anything in or below the surface of a road; or

(e) any contractual liability.

[Ch6901s145]145. Requirements in respect of securities

In order to comply with the requirements of this Part a security must—

(a) consist of an undertaking by the giver of the security to make good, subject to any conditions specified therein and up to an amount approved by the Minister, any failure by the owner of the motor vehicle or such other persons or classes of persons as may be specified in the security duly to discharge any such liability as is required to be covered by a policy of insurance under section 143 which may be incurred by him or them; and

(b) be approved by the Minister and deposited with the Minister.

[Ch6901s146]146. Certificate of security

(1) Whenever such a security as is mentioned in the preceding section is approved by the Minister and deposited with him the Minister shall give to the owner of the motor vehicle concerned a certificate of security in the form prescribed for certificates of insurance issued under section 151 and the said section 151 shall apply to certificates of security in all respects as they apply to certificates of insurance.

(2) References in the remainder of this Part to a policy, an insurer or an insured shall be deemed to include references to a security, a giver of a security or a person secured as the case may be.

[Ch6901s147]147. Certain conditions in policies of insurance to be of no effect

(1) Save as in this Act expressly provided any condition in a policy under this Part providing that in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim no liability shall arise under the policy or that in any such event any liability so arising shall cease to be of no effect in connexion with any claim in respect of which the policy holder is required to be insured by virtue of this Part:

Provided that nothing in this section shall be taken to render void any provision in a policy requiring the person insured to repay to the insurer any sums which the latter may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of third parties.

(2) Where a certificate of insurance has been issued under this Part in favour of the person by whom a policy has been effected, so much of a policy as purports to restrict the insurance of the person insured thereby reference to—

(a) the age or physical or mental conditions of the person driving the vehicle;

(b) the condition of the vehicle;

(d) the weight or physical characteristics of the goods that the vehicle carries;

(e) the times at which or the areas within which the vehicle is used;

(f) the horse power or value of the vehicle;

(g) the carrying on the vehicle of any particular apparatus; or

(h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the laws for the time being in force relating to motor vehicles,

shall as respects such liabilities as are required to be covered by this Part be of no effect:

Provided that nothing in this subsection shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this subsection shall be recoverable by the insurer from that person.

[Ch6901s148]148. Right of injured party to proceed against insurer

(1) Any person having a claim against a person insured in respect of any liability in regard to which a policy of insurance has been issued for the purposes of this Part shall be entitled in his own name to recover directly from the insurer any amount, not exceeding the amount covered by the policy, for which the person insured is liable to the person having the claim:

Provided that—

(a) the rights of any such person claiming directly against the insurer shall, except as provided in subsection (2), be not greater than the rights of the person insured against such insurer;

(b) the right to recover directly from the insurer shall terminate upon the expiration of a period of two years from the date upon which the claimant's cause of action against the person insured arose; or

(c) the expiration of such period as is mentioned in paragraph (b) of this proviso shall not affect the validity of any legal proceedings commenced during such period for the purpose of enforcing a right given under this section.

(2) In respect of the claim of any person claiming directly against the insurer by virtue of subsection (1), any condition in a policy purporting to restrict the insurance of the person insured thereby shall be of no effect:

Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of the operation of this subsection may be recovered by the insurer from that person.

[Ch6901s149]149. Restriction of liability in respect of passengers in public service vehicles to be void

So far as any contract for the conveyance of a passenger in a public service vehicle purports to negative or to restrict the liability of any person in respect of any claim which may be made against that person in respect of the death of or bodily injury to the passenger while being carried in, entering or alighting from the vehicle or purports to impose any conditions with respect to the enforcement of any such liability, it shall be void.

[Ch6901s150]150. Hospital expenses

Where an insurer makes any payment under the provisions of this Part in respect of the death of or bodily injury to any person who has received treatment in a hospital in respect of the fatal or other bodily injury so arising the insurer shall also pay to such hospital the expenses reasonably incurred by the hospital in affording such treatment to an amount as prescribed for each person so treated as either an in-patient or as an out-patient.

[Ch6901s151]151. Certificate of insurance

(1) Upon the issue of a policy of insurance in accordance with the requirements of this Part the insurer shall issue to the insured in respect of each vehicle and trailer insured a certificate (in this Part referred to as "a certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and different forms and different particulars may be prescribed in relation to different circumstances.

(2) A certificate of insurance referred to in subsection (1), shall at all times be in the motor vehicle concerned while it is operated on a public road.

(3) A certificate of insurance may be inspected by a police officer or by any person so authorized in writing by the Director.

(4) Any person who shall manufacture or be in possession of any false policy or certificate of insurance or who shall alter any policy or certificate of insurance shall be guilty of an offence and upon conviction shall be liable—

(a) in case of a first offence to a fine not exceeding K5,000 and to imprisonment for one year or to both such fine and such imprisonment; and

(b) in the case of a second or subsequent offence to a fine not exceeding K10,000 and to imprisonment for two years or to both such fine and such imprisonment.

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[Ch6901s152]152. Driver to give name and address

(1) Any person driving a motor vehicle on a public road or any person whom a police officer or any other authorized person has reasonable cause to believe to have been the driver of a motor vehicle at a time when an accident occurred owing to its presence on a public road or any person whom a police officer has reasonable cause to believe to have committed an offence in relation to the use of a motor

vehicle on a public road shall on being so required by a police officer give his name and address and the name and address of the owner of the vehicle.

(2) It shall be the duty of the owner of a motor vehicle to give such information as he may be required by a police officer or any other authorized person to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 141, and to produce the policy or certificate of insurance relating to the motor vehicle if required to do so by a police officer or any other authorized person.

[Ch6901s153]153. Making false statements

(1) No person shall for the purpose of obtaining a policy of insurance as required by section 141 make any false statement knowing it to be false, in consequence whereof the policy is liable to be avoided, or wilfully commit any act which disentitles him to claim under the policy.

(2) Any person who contravenes subsection (1), shall be guilty of an offence and upon conviction shall be liable—

(a) in case of a first offence to a fine not exceeding K2,000 and to imprisonment for one year or to both such fine and imprisonment; and

(b) in the case of a second or subsequent offence to a fine not exceeding K5,000 and to imprisonment for two years or to both such fine and imprisonment.

[Ch6901s154]154. Duty of insurer when policy is cancelled

(1) Where, to the knowledge of an insurer, a policy issued for the purposes of this Part ceases to be effective without the consent of the person to whom it was issued otherwise than by the effluxion of time or by reason of his death the insurer shall forthwith notify the Director and the Commissioner of Police of the date on which the policy ceased to be effective.

(2) Where in the circumstances mentioned in subsection (1), any policy of insurance ceases to be effective the person insured shall forthwith surrender any certificate of insurance held by him to the insurer.

[Ch6901s155]155. Duplicate certificate of insurance

No insurer shall issue a replacement certificate of insurance until he has made such enquiries as to satisfy him beyond reasonable doubt that the original certificate of insurance has been lost or destroyed or otherwise rendered unusable.

PART XV

GENERAL PROVISIONS

[Ch6901s156]156. Exemption from previous relating to packing

Notwithstanding anything to the contrary contained in any law, a local authority may, in such circumstances and subject to such conditions as it may deem expedient, exempt—

(a) a medical practitioner;

(b) a nurse or midwife registered under the Nurses and Midwives Act; or Cap. 36:02

(c) any person who, in the opinion of such local authority, by reason of a permanent disability has substantial difficulty in walking or is unable to walk, from the provisions of any law relating to the parking of a motor vehicle in force within its area of jurisdication.

[Ch6901s157]157. Doubt concerning use or classification of motor vehicle

If, for the purposes of this Act, doubt arises as to the use to which any vehicle is put or the classification of any vehicle, such matter shall be referred to the Director.

[Ch6901s158]158. Vehicle and load may be exempted from provisions of this Act

The Director may, subject to such conditions and upon payment of such fees or charges as he may determine, authorize in writing, either generally or specifically, the use on a public road of a vehicle which does not comply with the provisions of this Act or the conveyance on a public road of passengers or any load otherwise than in accordance with the provisions of this Act.

[Ch6901s159]159. Director may authorize certain refunds

(1) The Director may, if he is satisfied that any amount paid by a person was in excess of the amount properly chargeable under this Act, authorize a refund of such amount or of any part thereof to such person.

(2) The Director shall not authorize any refund under this section unless the claim therefore is received within twelve months after the date of the payment concerned.

[Ch6901s160]160. Inspection for ensuring that provisions of this Act are being given effect to

(1) The Minister may authorize any person, organization, or authority to carry out any inspection which the Minister deems necessary in order to ensure that the provisions of this Act are being complied with.

(2) If the Minister delegates the power conferred upon him by subsection (1) to the Director, the Director may authorize any person, organization, or authority to carry out the inspection concerned.

(3) No person shall obstruct or hinder any person in the carrying out of any inspection referred to in subsection (1). Variation of prescribed form

[Ch6901s161]161. Variation of prescribed form

The Minister may, in such circumstances as he may deem expedient, authorize any authority to use, in substitution for a form prescribed for a particular purpose, a form which varies from such prescribed form, and in respect of such authority such varied form shall be deemed to be the prescribed form for that purpose.

[Ch6901s162]162. Duplicate of document or token

(1) Subject to the provisions of subsection (3), the Director if satisfied that a certificate, licence or other document or token issued by the Director in terms of this Act has been lost, destroyed or defaced or that the figures or particulars thereon have become illegible shall, upon receipt of an application on the prescribed form and upon payment of the prescribed fees, issue a duplicate of such certificate, licence or other document or token to the person who, in the opinion of the Director, is entitled thereto, with either the word "DUPLICATE” written thereon or the issue number printed thereon:

Provided that a duplicate of a learner's licence, a driver's licence, or a professional driving permit, shall only be issued to the person to whom the original licence or permit was issued.

(2) An application for a duplicate of a licence or permit referred to in the proviso to subsection (1), shall be made as prescribed and the Director shall issue the duplicate as prescribed.

(3) If, after the issue of a duplicate under subsection (1), the original certificate, licence or other document or token is found, the person to whom the duplicate was issued shall take all reasonable steps to obtain possession thereof and surrender it forthwith to the Director.

[Ch6901s163]163. Signature upon documents

Any person who is unable to sign his name shall, whenever his signature is required upon any document under this Act, impress in place thereof his left thumb print upon the space within which he would otherwise have been required to sign his name, and if his left thumb print is not available, he shall substitute therefore another of his fingerprints, and in such latter event the document so marked shall then be endorsed by the officer in whose presence the print was made, identifying the finger used.

[Ch6901s164]164. Service of notices

(1) Whenever under this Act any notice is authorized or required to be served upon or issued to any person, such notice shall either be served personally upon the person to whom it is addressed or be sent to him by registered post to his last known address:

Provided that the address furnished by the holder of a driver's licence at the time of his application for such licence or recorded against his name in a register of drivers' licences, or the address recorded against the registration of a vehicle in a register of motor vehicles as the address of the owner of such vehicle, shall serve as his domicile of summons and execution for all purposes arising from or for the purposes of the Act, for the service of notices, post or processes on such person.

(2) Service by registered post in terms of subsection (1), shall be deemed to have been effected on the seventh day after the date stamped upon the receipt for registration issued by the post office which accepted the notice.

(3) A certificate by the officer who issued the notice referred to in subsection (1), or by a person subordinate to such officer, stating the time, place and manner of issuing such notice, shall be evidence that such notice was duly issued, unless and until the contrary is proved.

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[Ch6901s165]165. Application to the Government

(1) The provisions of Part XIV shall apply to vehicles owned by the Government other than such vehicles as are allocated for use by the Malawi Army.

(2) Any officer in the public service or any employee, servant or agent of the Government who, in the course of his duties as such drives, uses, exercises control over or is in-charge of any vehicle owned by the Government, shall be personally subject to all of the provisions of this Act, and shall personally be liable for any offence committed by him against any of the said provisions of this Act while so driving, using, exercising control over or being in-charge of such vehicle.

[Ch6901s166]166. Seizure of vehicles

(1) Subject to subsection (2), a traffic police officer, an examiner, or an authorized officer may seize a vehicle or a vehicle with its load which is used in or is on reasonable grounds believed to be used in the commission or suspected commission of an offence under this Act.

(2) The manner and conditions in respect of the seizure, storage and disposal of a vehicle or a vehicle with its load referred to in subsection (1), shall be as prescribed.

[Ch6901s167]167. Offences and penalties

(1) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence.

(2) Any person convicted of an offence under any provision of this Act for which no special penalty is provided by this Act shall be liable to a fine not exceeding K20,000 or to imprisonment for a period not exceeding one year or both such fine and imprisonment.

[Ch6901s168]168. Forfeiture

The court convicting any person of an offence under section 167 (1) as read with section 83, or a regulation made under section 181 (1) (d), (l), (n) or (q), may, without notice to any person, declare a vehicle or its load or both which was or were used in the commission of the offence and which was or were seized under the provisions of this Act, or the convicted person's rights in such vehicle or load or both, to be forfeited to the Government:

Provided that such declaration shall not affect any right which any person other than the convicted person may have to the vehicle or load or both, if it is proved that that other person did not know that that vehicle or its load or both was or were being used or would be used in the commission of the offence concerned, or that he could not prevent such use.

[Ch6901s169]169. Delegation

(1) The Minister may—

(a) delegate to any other person any power conferred upon him by this Act, other than the power conferred by section 181; and

(b) authorize any other person to perform any duty assigned to the Minister by this Act, and may effect such delegation or grant such authorization subject to such conditions as he may deem fit.

(2) The Director may—

(a) delegate to any other person any power conferred upon him by or under this Act; and

(b) authorize any other person to perform any duty assigned to the Director by or under this Act, and may effect such delegation or grant such authorization subject to such conditions as he may deem fit.

(3) Any delegation effected or authorization granted under subsection (1) or (2), may at any time be withdrawn by the Minister or by the Director, as the case may be.

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PART XVI

TRAFFIC COURT

[Ch6901s170]170. Minister may prescribe offences

Notwithstanding anything in this Act or any other written law the Minister may prescribe a schedule of traffic offences (hereinafter referred to as prescribe offences) which may be dealt with and prosecuted in any area in which a Traffic Court exercises jurisdiction in accordance with this section or any rules made hereunder; and the Minister may for the purposes of this section prescribe statutory maximum penalties for such offences, which shall not exceed the penalties prescribed for such offences elsewhere in or under this Act.

[Ch6901s171]171. Statutory maximum penalty to have effect

A statutory maximum penalty prescribed for a prescribed offence shall, notwithstanding any other penalty prescribed for such offence by or under this Act, have effect where the person charged with such offence submits a written plea of guilty which is accepted in accordance with this section.

[Ch6901s172]172. Notification of a prescribed offence by an authorized officer

Notwithstanding anything elsewhere in this Act or any other written law, an authorized officer may, if it is under his authority to do so and he considers it appropriate, serve either personally or by affixing the same prominently to the vehicle concerned, upon the owner, driver or person in charge of control of any motor vehicle who the authorized officer reasonably believes to have committed any of the prescribed offences, a notification of a traffic offence (hereinafter referred to as a notification) in the prescribed form charging such person with having committed the offence or offences indicated in the notification and requiring such person to attend the Traffic Court specified in the notification to answer such charge or charges at such date and time (being not sooner than twenty-one days after the date of such service) as is specified in such notification.

[Ch6901s173]173. Person served with notification may send a written plea of guilty to Traffic Court

Subject to section 176 a person served with a notification under this section shall not be obliged to attend the Traffic Court concerned in answer to such notification if he has pleaded guilty unequivocally in writing and sent the notification, together with the prescribed proof of payment for the amount of the statutory maximum penalty or penalties for the offence or offences to which he has pleaded guilty, by prepaid registered post or by hand, to that Traffic Court so as to reach the Court not later than the day and time indicated in the notification for his attendance:

Provided that where an authorized officer considers that in all the circumstances a plea of guilty in writing should not be accepted he may; by notice in the prescribed form under his hand, served on the accused and on the Traffic Court concerned at least seven clear days before the date indicated in the notification, require the accused to attend the Traffic Court in person on the day and at the time indicated in the notification.

[Ch6901s174]174. Notification to be placed before the Traffic Court

A copy of the notification shall be placed before the Traffic Court concerned at the time fixed for the attendance of the accused to answer the charge or charges and unless that Court otherwise directs, such copy shall be used as a charge sheet.

[Ch6901s175]175. Procedure after a plea of guilty

A Traffic Court may, on receipt of a plea of guilty, either in writing, or by the accused in person, proceed to conviction and may, after considering any mitigating circumstances stated in writing or personally by the accused, pass sentence, which in the case of a written plea of guilty shall be the statutory maximum penalty unless the Traffic Court for special reasons decides to remit the penalty in whole or in part, in which case it shall direct that the penalty or part thereof be refunded to the accused.

[Ch6901s176]176. Where a Traffic Court is not satisfied that a written plea of guilty is unequivocal

Where a Traffic Court is not satisfied that a written plea of guilty is unequivocal or where, for good reason shown, the Court decides not to accept a written plea of guilty, it shall issue a summons

requiring the accused to attend before it or any other court to answer the charge or charges indicated in the notification, on such date and at such time as shall be specified in the summons.

[Ch6901s177]177. Where accused pleads not guilty

Where an accused appears before a Traffic Court and pleads not guilty to the charge or charges indicated on the notification, the Traffic Court may hear and determine the charge or charges forthwith or may adjourn the proceedings to another date either before itself or any other court.

[Ch6901s178]178. Where a person fails to attend Traffic Court after notification

Where any person, having been served with a notification issued in accordance with this section, fails to attend the Traffic Court concerned on the day and at the time specified in such notification and has not pleaded guilty in writing and paid the statutory maximum penalty in the prescribed manner indicated before such day and time (and a person on whom has been served a notice in the prescribed form under the proviso to section 173 shall be deemed not to have pleaded guilty in writing for the purposes of this subsection) he may be brought before the Traffic Court, either by summons or by warrant of arrest, and, unless he shows good cause why he has failed to attend in accordance with such notification he shall be guilty of an offence and shall be liable forthwith, by order of the court, to a fine of K5,000 and to imprisonment for three months, and the court may thereupon proceed to deal with the charge or charges indicated in the notification, or may adjourn the hearing of such charge or charges to another date before itself or any other court.

[Ch6901s179]179. Registered owner of vehicle to be liable where there is failure to comply with notification

Where any person served with a notification under this section fails to comply with such notification then the registered owner of the vehicle concerned shall be liable for the offence:

Provided that such owner shall not be liable for the offence if he satisfies the court that he was not driving or in charge or control of the vehicle at the relevant time, and that he has, upon being so requested by an authorized officer or the court, given to the authorized officer or to the court all the information at his disposal, or which should reasonably be at his disposal, to enable the person who was driving or in charge or control, of the vehicle at the relevant time to be brought before the court.

[Ch6901s180]180. Unauthorized person not to remove notification affixed to a vehicle

No person other than the person to whom it is addressed, or a person authorized by such person in that behalf, shall remove from a vehicle a notification which has been affixed thereto by an authorized officer under this section, or any portion of such notification, or willfully tear, deface or destroy any such notification.

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PART XVII

REGULATIONS AND BY-LAWS

[Ch6901s181]181. Power of Minister to make regulations

(1) The Minister may, make regulations in respect of any matter contemplated, required or permitted to be prescribed under this Act and generally as to the use of any vehicle on a public road, its construction and equipment and the conditions under which it may be used and in any other respect for the better carrying out of the provisions or objects of this Act, and in particular, but without prejudice to the generality of the foregoing provisions, with respect to—

(a) the safety of traffic on a public road, including the restriction of the use of any such road or part thereof by such traffic and the duties of the users of any such road;

(b) the identification of vehicles and, in relation to a motor vehicle, the size, shape, colour and character of the registration mark to be displayed under this Act and the means to be applied to render any such mark easily distinguishable, whether by night or day, when any such vehicle is operated on a public road;

(c) the width, height and length of any vehicle, and the diameter of the wheels and the width, nature and condition of the tyres of any vehicle when operated on a public road;

(d) the maximum mass, laden or unladen, of any vehicle, the height and the width of any load which may be carried by any vehicle, the manner in which any vehicle may be loaded, the extent to which any load may project in any direction and the maximum mass of any vehicle or any part thereof supported by the road or by any specified area thereof, when any vehicle referred to in this paragraph is operated on a public road;

(e) the emission of exhaust gas, smoke, fuel, oil, visible vapours, sparks, ash or grit from any vehicle operated on a public road;

(f) excessive noise owing to the design or condition of any vehicle or the loading thereof, or to the design, condition or misuse of a silencer, or of a hooter, bell or other audible warning device, when any such vehicle is operated on a public road;

(g) the particulars to be marked on any vehicle;

(h) the towing, pushing or drawing of any vehicle by another vehicle on a public road;

(i) the conditions under which any motor vehicle fitted with steering apparatus on the left side may be operated on a public road;

(j) the number, nature and kind of lamps, including retro-reflectors, to be carried by any vehicle operated on a public road, the position in which they shall be carried, the manner, conditions and times of their use and the use of any lamp or lighting device which may endanger public safety and, for the purposes of this paragraph, a retro-reflector may be defined as meaning a reflector which bears a standardization mark or which bears such other identification mark as may be prescribed;

(k) the number and nature of brakes and for ensuring that brakes, silencers and steering gear shall be efficient and in proper working order, in respect of any vehicle operated on a public road;

(l) the regulation of the use and control of any vehicle on a public road, its construction, equipment; width of tracks, dimensions, mass and use in respect of either chassis and body or chassis, body and load and the conditions under which it may be used;

(m) in relation to a vehicle operated on a public road, the devices to be fitted for signalling the approach thereof, for enabling the driver thereof to become aware of the approach of another vehicle from the rear, and for intimating any intended movement thereof and the use of any such devices and for securing that they shall be efficient and kept in proper working order;

(n) the protection of any public road, the mass, tyres and load of any vehicle in relation to any specified bridge or ferry, the time when and speed at which any vehicle of a specified mass may be allowed to cross any bridge or ferry, and furnishing of security by any person against damage to any public road by reason of heavy traffic, and making good the cost of repairing such damage;

(o) the stopping with and parking of vehicles on public roads or parking places;

(p) the furnishing of accident reports and statistics of any nature whatsoever;

(q) the determination of the number of passengers for the transport of which a certain class of motor vehicle is adapted and the number which may be transported, the general safety, comfort and convenience of passengers carried on or by such a motor vehicle and the conduct of the driver, conductor and passengers on such a vehicle;

(r) the specification for the examination of any vehicle;

(s) any light which, in the opinion of the Minister, is likely to interfere with the proper view of any road traffic sign or be confused with any such sign;

(t) the method of determining any fact which is required for the purposes of this Act;

(u) any form, process or token which the Minister may deem expedient for the purposes of this Act and the nature and extent of any information to be furnished for the purpose of any such form;

(v) the uniform to be used by officers appointed under this Act;

(w) the fees to be charged for any purpose under this Act, including administrative fees for overload offences;

(x) not withstanding the provisions of the General Interpretation Act, the maximum penalty and fine for different offences for the violations of regulations; Cap. 1:01

(y) the application of fines as spot fines according to fixed rates;

(z) the carriage of persons as passengers on any vehicle which has been constructed or designed solely or chiefly for the carriage of goods and not for the carriage of passengers and their effects;

(aa) the additional duties for operators of specific classes of motor vehicles or operators engaged in activities which require additional safety measures for the protection of the public;

(bb) the preparation of a Code to be known as the Highway Code containing such directions as appear to the Minister to be proper for the guidance of persons using public roads;

(cc) devices and procedures to be used in detecting and measuring the speed of a vehicle moving on a public road;

(dd) devices and procedures to be used in administering a breath test; and

(ee) to do all such things as may be necessary for the proper carrying out of this Act.

(2) Regulations made by the Minister under subsection (1) with regard to—

(a) specific categories:

(i) of road transport undertakings;

(ii) of industries or trades or occupants concerned with road transport;

(iii) of persons by whom any undertaking or occupation referred to in subparagraphs (i) and (ii) is carried on or exercised; or

(iv) of operators of vehicles concerned with, or new entrants to, any undertaking or occupation referred to in subparagraph (iii);

(b) specific circumstances in which any undertaking or occupation referred to in paragraph (a) (iii) is carried on or exercised;

shall be so made by the Minister with due regard to the specific requirements of the category, circumstance or area concerned.

(3) The power to make regulations for any purpose referred to in subsection (1), shall include the power to restrict or prohibit any matter or thing in relation to that purpose either absolutely or conditionally.

(4) Any regulation under this section may be made to apply generally throughout Malawi or within any specified part thereof or to any specified category of vehicles or persons.

(5) A regulation made under subsection (1) may provide for penalties for a contravention thereof and also for different penalties in the case of successive or continuous contraventions.

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[Ch6901s182]182. Power of local authority to make by-laws

(1) Subject to the provisions of any law in relation to the procedure to be followed in the making, approval and promulgation of any by-law by a local authority, a local authority may, in consultation with the Director, make by-laws not inconsistent with the provisions of this Act in respect of—

(a) the safety of traffic on any public road, the duty of any user of such road and the use of any such road by any vehicle;

(b) subject to the provisions of any law and any regulation or by-law made thereunder in relation to the restriction, regulation or control of the carrying on of the business of street vendor, peddlar or hawker, the stopping with and parking of any vehicle on any public road or portion thereof, including by-laws relating to the installation, regulation, supervision, maintenance and control of parking meters and parking places;

(d) the appointment of traffic wardens;

(e) subject to the provisions of any law and any regulation or by-law made thereunder in relation to the restriction, regulation or control of the carrying on of the business of street vendor, peddlar or hawker, any public road which is not to be used by any vehicle, either generally or at specific times;

(f) the relative position on a public road of traffic of differing speeds and classes;

(g) the place where and time when a vehicle may not turn so as to face in the opposite direction to that in which it was proceeding or where it may only so turn under specified conditions;

(h) the loading and off-loading of any vehicle on a public road;

(i) the rules as to priority of entry of certain motor vehicles into a main thoroughfare;

(j) the use of hooter, bell or other audible warning device and the conditions under which any such audible warning device may be used within any specified area, whether at all times or during specified periods;

(k) the appointment of an advisory traffic control board consisting of not fewer than three members to advise the local authority on all questions of traffic control;

(l) the use of any public road by traffic in general;

(m) the limitation of the age of drivers of vehicles drawn by animals;

(n) any form or token which a local authority may deem expedient for the purposes of any by-law, and the nature and extent of any information to be furnished for the purpose of any such form;

(o) the mass of any goods which or the number of passengers who or animals which may be conveyed on a pedal cycle;

(p) the regulation, restriction, prohibition or control of the parking upon public roads of vehicles owned, kept or used by motor traders or which have been placed in their custody or under their control in the course of any motor trader's business carried on by them; and

(q) any other matter in regard to which a local authority may make by-laws under this Act.

(2) The power to make by-laws for any purpose referred to in subsection (1), shall include the power to restrict or prohibit any matter or thing in relation to that purpose, either absolutely or conditionally.

(3) Any by-law under subsection (1), may be made to apply generally throughout the area of the local authority or within any specified part thereof or to any specified category of vehicles or persons.

(4) Any by-law made under this section may provide for penalties for a contravention thereof, and may also provide for different penalties in case of successive or continuous breaches, but no penalty shall exceed a fine of K7,500 or imprisonment for a period of six months or both such fine and imprisonment.

[Ch6901s183]183. Local authority may determine fees

A local authority may determine the fees to be charged for any purpose contemplated in section 182.

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PART XVIII

REPEAL AND SAVINGS

[Ch6901s184]184. Repeal and savings

(1) The Road Traffic Act is hereby repealed.

(2) Any subsidiary legislation made under the Act repealed by subsection (1), in force immediately before the commencement of this Act—

(a) shall remain in force unless inconsistent with this Act and be deemed to be subsidiary legislation made under this Act; and

(b) may be replaced, amended or repealed by subsidiary legislation made under this Act.

SUBSIDIARY LEGISLATION

ROAD TRAFFIC (MISCELLANEOUS FEES) REGULATIONS under s. 81

G.N. 26/1998 28/1999

1. Citation

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

2. Fees

The fees specified in the Second Column of the Schedule are hereby prescribed and shall be charged in respect of the matters set out in the First Column of the Schedule.

SCHEDULE G.N. 26/1995, 28/1999, 3/2002, 10/2003

A. ROAD SERVICE PERMITS (APPLICATION AND ISSUE)

First ColumnSecond ColumnK t1.Road Service Permit A or B, per year of validity or part thereof—

(a)operator registration fee (only for new entrants) ............................................................................... 1,00000

(b)permit for passenger service vehicles or goods vehicles of 3.5 tonnes or more ...............................................

4,00000(c)trailer for carriage of goods for hire or reward ..................................................................................... 2,00000(d) permit for public service vehicles or goods vehicles of less than 3 tonnes net weight 2,000002.Duplicate of Road Service Permit listed in 1 above—(a) under paragraph (b) 4,20000(b) under paragraph (c) ..................................................................................................................... 2,00000(c) under paragraph (d) .................................................................................................................. 2,000003.Endorsement of Road Service Permit A or B or variations of terms thereof ..................................................... 2,000004.Short-term Road Service Permit issued in respect of vehicles registered in Malawi—(a) one month or less .................................................................................................................. 40000(b) more than one month but less than three months ................................................................................. 60000(c) more than three months but not exceeding five months ................................................................ 800005. Short-term Service Permit issued in respect of foreign registered vehicles, per month or part thereof ........................... USD1006.Application for a Road Service Permit by foreign operators from countries which are not members of COMESA .... USD1007.International Crossborder Road Service Permit, per annum or part thereof ..................................................... 8,500 008.Special Exemption Permit—(a)awkward, abnormal load ........................................................................................................ 10,00000(b)other requirement .................................................................................................................. 4,000009.Malawi registered vehicles holding valid International Road Service Permit at 7 above shall automatically be entitled to a local permit or part thereof

B. VALUATION OF MOTOR VEHICLES

1.Commercial valuation 3,000002.Valuation for purposes of acquiring a Government loan 1,50000

C. DRIVING SCHOOLS AND INSTRUCTORS LICENSING

1. Instructor's registration 4,000002.2. Instructor's licence, per annum 2,000003.3. Driving school registration, per annum 15,000004.4. Driving school licensing, per annum 10,000005.5. Amendment/endorsement fees2,000006.6. Appeal to the Minister 2,00000

D. DRIVING LICENCES

1.Issue of driving licence for five years 5,000002.Duplicate driving licence 5,000003.Learner's licence 1,000004.Learner's aptitude test300005.Photos 300006.Extension of driving licence by endorsement2,000007.Professional driving permit for two years2,000008.Driving test2,000009.Renewal of driving licence for five years5,0000010.Appeal to the Minister2,00000

E. INTERNATIONAL CIRCULATION

1.International driving permit, per year validity 4,000002.Short-term permit for foreign registered vehicles 5,00000

F. PASSENGER SERVICE VEHICLE DRIVER INDENTITY

1.Passenger service vehicle driver or crew identity card 500002.Duplicate passenger service vehicle driver or crew identity card50000

G. VEHICLE REGISTRATION

1.First registration of motor vehicles5,000002.Duplicate registration certificate 5,000003.Duplicate of any licence or token2,000004.Temporary registration card or special permit 5,000005.Registration of change of title holder or ownership for all motor vehicles5,000006.Vanity (personalized) registration for motor vehicle60,000007.Appeal to the Director of Road Traffic 3,000008.Appeal to the Minister 4,000009.Change of address of owner for any registration certificate or licence2,0000010.Special selection of registration number 10,0000011.Re-registration of motor vehicles after de-registration— (a)re-institution after recovery by Police5,00000(b)rebuild after being written off 5,00000(c)state authorized 5,0000012.De-registration of motor vehicles—(a)export purposes/permanent destruction/breaking-up 50000(b)for modification/re-registration purposes 1,00000

H. ANNUAL LICENSING OF VEHICLES

I. For every motorcycle having less than 3 wheels800002.For every motorcycle with a sidecar or similar attachment and for a motorcycle with 3 wheels1,000003.For a licence for a motor vehicle allocated a vanity registration number6,000004.For a licence for a motor vehicle used for carrying passengers other than a public vehicle or a private passenger vehicle for each 50 kg of gross weight or part thereof 100005.For a licence for a public service or a private passenger vehicle for each 50 kg of gross weight or part thereof 100006.For a licence for a goods vehicle for each 50 kg of gross vehicle weight or part thereof 80007.For a licence of a trailer for each 50 kg of gross weight or part thereof80008.For a licence in respect of a motor vehicle and a trailer without pneumatic tyres on all wheels and for track-laying vehicles100009.For a licence for any motor vehicle not otherwise specified for each 50 kg of gross weight or part thereof800010.For a licence in respect of an agricultural tractor or agricultural trailer2000011.For each motor trade number10,0000012.For copies of any entry in a register or any extract thereof 4000013.Duplicate of any licence or token (only applicable for valid licence) 1,5000014.The following vehicles are exempted from licence fees—(a)a Government vehicle which is allocated for use by the State President; (b)any vehicle used solely for charitable purposes; (c)any ambulance which is the property of the Government; (d)any road construction machinery and plant; (e)any vehicle designed or adopted solely or primarily for fire-fighting; and(f)diplomatic vehicle bearing diplomatic number.

I. EXAMINATION OF MOTOR VEHICLES

I. Examination of a motor vehicle of—(a)less than 3.5 tonnes net weight 1,00000(b)more than 3.5 tonnes net weight1,000002. Examination of a motorcycle400003.Examination of a trailer—(a)less than 3.5 tonnes net weight1,00000(b)more than 3.5 tonnes net weigh2,000004.Re-examination of a motor vehicle of—(a) less than 3.5 tonnes net weight1,00000(b)more than 3 tonnes net weight2,000005.Re- examination of a motorcycle400006.Re-examination of a trailer of—(a)less than 3.5 tonnes GVM1,00000(b)more than 3.5 tonnes net weight1,000007.Examination of every motorcycle with a side car or similar attachment and for a motorcycle with 3 wheels800008.Registration of motor vehicle inspection stations and inspectors—(a)inspection station15,00000(b)inspector6,000009.Licensing fee, per annum, per—(a) inspection station5,00000(b) inspector3,0000010.Vehicle inspection manual, per copy 2,5000011. A private passenger vehicle shall be eligible for Certificate of Fitness Inspection upon reaching five years old.

J. TRAFFIC INFORMATION

1.Searching fees for any lost documentation500002.Release of any traffic data information, per page 200003.Highway Code, per copy20000

K. CAR HIRE OPERATION'S LICENCE

Car hire registration/licence, per annum15,00000

L. TAXI OPERATOR'S LICENCE

Taxi operator's registration/licence, per annum 2,50000

M. VEHICLE MANUFACTURERS, BUILDERS, IMPORTERS REGISTRATION FEE PER YEAR

Certification of registration or approval10,00000

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ROAD TRAFFIC (PRESCRIBED OFFENCES AND PENALTIES) REGULATIONS

under s. 170

G.N.22/1999

1. Citation

These Regulations may be cited as the Road Traffic (Prescribed Offences and Penalties) Regulations.

2. Prescribed offences and penalties

The penalty for the offences specified in the First Column of the Schedule shall be as specified in the Second Column of the Schedule.

SCHEDULE

First Column Prescribed OffencesSecond Column Prescribed FinesK t1.Failing to produce vehicle for inspection contrary to section 7 (1) (a) of the Act 1,500002.Failing to furnish documents in respect of a motor vehicle concerned contrary to section 7 (1) (a) of the Act500003.Failing to furnish evidence of registration as instructor contrary to section 7 (1) (c) (i) of the Act300004.Failing to furnish evidence of registration as instructor within seven days contrary to section 7 (1) (c) (ii) of the Act500005.Failing to furnish name and address or professional driving permit contrary to section 7 (1) (f) of the Act500006.Failing to furnish licence or document contrary to section 7 (1) (g) of the Act500007.Failing to furnish name and address contrary to section 7 (1) (i) of the Act300008.Failing to furnish information regarding identification of driver contrary to section 7 (1) (i) of the Act300009.Failing to stop a vehicle as required by traffic police officer in uniform contrary to section 8 (b) of the Act1,0000010.Driving a vehicle after being forbidden by a traffic police officer to do so contrary to section 8 (f) of the Act1,5000011.Failing to comply with directions of a traffic police officer contrary to section 8 (g) of the Act5000012.Failing to remove a motor vehicle from a road or to follow another route as directed by a traffic police officer contrary to section 8 (g) of the Act5000013.Failing to furnish name and address contrary to section 8 (h) of the Act5000014.Failing to take a motor vehicle to a police station contrary to section 8 (o) of the Act1,0000015.Failing to comply with an instruction of an authorized officer contrary to section 9 (1) (a) of the Act5,0000016.Threatening or suggesting the use of violence against an authorized officer contrary to section 9 (1) (b) of the Act5,0000017.Failing to produce a document in seven days contrary to section 9 (2) of the Act5000018.Using a motor vehicle which is not registered and licensed contrary to section 11 (2) of the Act1,5000019.Failing to carry instructor's certificate while acting as instructor contrary to section 18 (1) of the Act5000020.Failing to carry a driver's licence while driving a motor vehicle contrary to section 18 (1) of the Act5000021.Driving a motor vehicle without a licence (class A1) contrary to section 18 (1) of the Act1,5000022.Driving a motor vehicle without a licence (class A or B) contrary to section 18 (1) of the Act1,5000023.Driving a motor vehicle without a licence (class C, C1, EB, EC or EC1) contrary to section 18 (1) of the Act1,5000024.Wilfully failing to disclose a disqualification contrary to section 22 (1) of the Act1,5000025.Failing upon disqualification to submit a driver's licence to the Director within seven days contrary to section 22 (2) of the Act5000026.Wilfully or negligently issuing an unlawful learner's licence contrary to section 23 (5) of the Act5,0000027.Failing to give notice of change of address to the Director within fourteen days contrary to section 26 of the Act3000028.Failing to forthwith submit a learner's or driver's licence to the Director contrary to section 29 (7) of the Act5000029.Acting as an instructor while not registered contrary to section 32 (1) of the Act1,5000030.Employing unregistered person as instructor contrary to section 32 (2) of the Act2,0000031.Acting as a driving school while not registered contrary to section 37 of the Act5,0000032.Failing to submit void learner's or driver's licence contrary to section 42 of the Act5000033.Allowing another person to use learner's or driver's licence contrary to section 43 of the Act1,5000034.Permitting an unlicensed person to drive a motor vehicle contrary to section 44 of the Act1,5000035.Failing to carry a professional driving permit when driving a motor vehicle contrary to section 45 (1) of the Act5000036.Driving a motor vehicle without a professional driving permit contrary to section 45 (1) of the Act1,5000037.Failing to forthwith surrender a professional driving permit to the Director contrary to section 50 (2) of the Act5000038.Employing a driver without, or permitting a person to drive a motor vehicle without a professional driving permit contrary to section 52 (a) of the Act1,5000039.Allowing another person to use professional driving permit contrary to section 52 (b) of the Act1,5000040.Failing to deliver a void professional driving permit contrary to section 53 of the Act5000041.Driving a motor vehicle for a period exceeding the prescribed period contrary to section 54 (1) of the Act1,0000042.Allowing a professional driver to drive for a period in excess of the limits contrary to section 54 (2) of the Act2,0000043.Using a motor vehicle without the prescribed recording device contrary to section 55 (1) of the Act1,0000044.Failing to use a recording device in the prescribed manner contrary to section 55 (2) of the Act1,0000045.Failing to produce a driving licence to the court at hearing contrary to section 58 (3) of the Act5000046.Operating an unroadworthy motor vehicle contrary to section 69 (1) of the Act1,5000047.Using a motor vehicle contrary to the roadworthiness requirements contrary to section 69 (2) of the Act1,5000048.Licensing a motor vehicle that was not roadworthy contrary to section 72 of the Act2,0000049.Holding more than one certificate of fitness for same vehicle contrary to section 73 of the Act1,5000050.Using a motor vehicle without a certificate of fitness contrary to section 74 (1) (a) of the Act1,5000051.Using an expired certificate of fitness contrary to section 74 (1) (b) (i) of the Act1,5000052.Using a certificate of fitness not relating to the vehicle contrary to section 74 (1) (b) (ii) of the Act1,5000053.Failing to have a roadworthy document in or on a motor vehicle contrary to section 74 (4) of the Act1,5000054.Failing to present a motor vehicle for inspection within seven days after certificate of fitness becomes void contrary to section 76 (2) of the Act5000055.Failing to deliver a false certificate of fitness to a motor vehicle inspection station or authorized officer at the request of such inspection station or authorized officer contrary to section 78 of the Act5000056.Failing to deliver a certificate of fitness to the Director after suspension or cancellation contrary to section 79 (2) of the Act5000057.Illegally obtaining a new certificate of fitness after the first one was suspended contrary to section 79 (5) of the Act2,0000058.Illegally obtaining a new certificate of fitness after the first one was cancelled contrary to section 79 (5) of the Act2,0000059.Owner failing to register as operator contrary to section 81 (1) of the Act1,5000060.Owner failing to notify the Director as to which person should be registered as operator contrary to section 81 (2) of the Act5000061.Using a motor vehicle without a road service permit contrary to section 83 of the Act2,0000062.Failing to notify the Director and return a road service permit when circumstances change contrary to section 85 (a) of the Act5000063.Failing to report loss of a road service permit contrary to section 85 (b) of the Act3000064.As operator failing to exercise control of a driver regarding driving hours contrary to section 85 (c) (i) of the Act1,5000065.As operator failing to exercise control of a driver regarding the professional driving permit contrary to section 85 (c) (ii) of the Act1,5000066.As operator failing to exercise control of a driver regarding the loading of a vehicle contrary to section 85 (c) (iii) of the Act2,5000067.As operator failing to ensure that motor vehicle complies with fitness requirements contrary to section 85 (d) of the Act2,5000068.As operator failing to care for the safety of the public contrary to section 85 (e) of the Act2,5000069.As operator not complying with the requirements for conveyance of hazardous substances contrary to section 85 (f) of the Act2,0000070.As operator failing to take steps to ensure road worthiness of a motor vehicle contrary to section 86 (1) (a) of the Act1,5000071.As operator failing to indicate the precautions taken to ensure road worthiness of motor vehicle contrary to section 86 (1) (b) of the Act1,5000072.As operator failing to indicate to the Director what precautions he had taken to control drivers under his authority contrary to section 86 (2) (b) of the Act1,5000073.As operator failing to produce records relating to drivers contrary to section 86 (2) (c) of the Act1,5000074.As operator failing to appear before the Director or other authorized officer contrary to section 86 (3) (c) of the Act1,5000075.As operator failing to make discovery of documents as demanded contrary to section 86(4) (a) of the Act1,5000076.As operator failing to allow inspection of records contrary to section 86 (4) (b) of the Act1,5000077.Displaying a road traffic sign on a road without authorization contrary to section 90 (10) of the Act1,5000078.Driving a motor vehicle without instrument to record the speed contrary to section 94 (1) of the Act1,5000079.Failing to use speed-recording device contrary to section 94 (2) of the Act1,0000080.Failing to drive on left side of the roadway contrary to section 96 (1)of the Act1,0000081.Failing to drive on left-hand roadway of divided road contrary to section 97 (1) of the Act5000082.Driving a vehicle on, over, across, or within a dividing space contrary to section 97 (2) of the Act5000083.Failing to pass a vehicle on the right thereof contrary to section 98 (1) of the Act5000084.Passing a vehicle on the shoulder or verge of road contrary to section 98 (1) of the Act1,0000085.Failing to travel as near as possible to the left edge of the roadway contrary to section 98 (3) of the Act5000086.Accelerating speed of a vehicle when another vehicle passes his contrary to section 98 (3) of the Act1,0000087.Endangering on coming traffic contrary to section 98 (4) of the Act1,0000088.Passing a stationary bus without regard for safety contrary to section 98 (5) of the Act1,0000089.Crossing a road unsafely contrary to section 99 (1) of the Act1,0000090.Entering a public road unsafely contrary to section 99 (2) of the Act1,0000091.Driving unsafely from one lane to another contrary to section 99 (3) of the Act1,0000092.Failing to give a signal to move to left or right contrary to section 100 of the Act5000093.Failing to signal an intention to reduce speed or stop contrary to section 100 of the Act5000094.Failing to yield right of way to traffic on right contrary to section 101 of the Act1,0000095.Failing to indicate intention to turn to left or turning unsafely contrary to section 102 (1) of the Act5000096.Failing to indicate intention to turn to right or turning unsafely contrary to section 102 (2) of the Act5000097.Failing to drive on immediate left of middle line before right turn contrary to section 102 (2) (a) (i) of the Act1,0000098.Driving on right half of roadway before entering intersection contrary to section 102 (2) (a) (ii) of the Act1,0000099.Failing to pass on left of traffic island or to comply with traffic sign contrary to section 102 (2) (a) (ii) of the Act1,00000100.Failing to drive on right side of roadway when desiring to turn right from one way roadway contrary to section 102 (2) (b) (i) of the Act1,00000101.Driving on right half of roadway before entering intersection when turning right from one way roadway contrary to section 102 (2) (b) (ii) of the Act1,00000102.Failing to pass on left of traffic island or to comply with traffic sign when turning right from one way roadway contrary to section 102 (2) (b) (ii) of the Act1,00000103.Towing another vehicle not in the prescribed manner contrary to section 103 of the Act1,50000104.Stopping a vehicle at excavation or obstruction contrary to section 104 (a) of the Act50000105.Stopping a vehicle with tunnel or subway or on a bridge contrary to section 104 (b) of the Act50000106.Stopping a vehicle where width has been restricted contrary to section 104 (c) of the Act50000107.Stopping a vehicle in contravention of road traffic sign contrary to section 104 (d) of the Act50000108.Stopping a vehicle on right-hand side of roadway contrary to section 104 (e) of the Act50000109.Stopping a vehicle alongside another vehicle contrary to section 104 (f) of the Act50000110.Stopping a vehicle within railway reserve contrary to section 104 (g) of the Act50000111.Stopping a vehicle within 9 metres of a pedestrian crossing contrary to section 104 (h) of the Act50000112.Stopping a vehicle where it constitutes a danger to other traffic contrary to section 104 (i) of the Act1,50000113.Parking a vehicle in contravention of a road traffic sign contrary to section 105 (1) (a) of the Act50000114.Parking a vehicle alongside or opposite another vehicle contrary to section 105 (i) (b) of the Act50000115.Parking a vehicle where it constitutes a danger or obstruction to other traffic contrary to section 105 (1) (b) of the Act1,50000116.Parking a vehicle at excavation or obstruction contrary to section 105 (1) (b) of the Act50000117.Parking a vehicle within railway reserve contrary to section 105 (1) (b) of the Act50000118.Parking a vehicle on right-hand side of roadway contrary to section 105 (1) (b) of the Act50000119.Parking a vehicle where width of road has been restricted contrary to section 105 (1) (b) of the Act50000120.Parking a vehicle within tunnel or subway or on a bridge contrary to section 105 (1) (b) of the Act50000121.Parking a vehicle on the same side as fire hydrant contrary to section 105 (1) (c) of the Act50000122.Parking a vehicle obscuring a road traffic sign contrary to section 105 (1) (d) of the Act50000123.Parking a vehicle on sidewalk contrary to section 105 (1) (e) of the Act50000124.Parking a vehicle obstructing an entrance contrary to section 105 (1) (f) of the Act50000125.Parking on a roadway outside an urban area contrary to section 105 (2) of the Act1,00000126.Parking a vehicle within nine metres of a pedestrian crossing contrary to section 105 (3) (a) of the Act50000127.Parking within five metres of an intersection in urban area contrary to section 105 (3) (b) of the Act50000128.Parking upon actuating mechanism of traffic light contrary to section 105 (3) (c) of the Act50000129.Parking more than 450 mm within roadway in urban area contrary to section 105 (3) (d) (i) of the Act50000130.Parking with right hand wheel more than 450 mm within roadway on a one way street contrary to section 105 (3) (d) (ii) of the Act50000131.Parking on roadway where road is less than five and a half metres wide contrary to section 105 (3) (e) of the Act50000132.Parking on traffic island or mall contrary to section 105 (4) of the Act1,50000133.Failing to stop vehicle at traffic sign or when asked to stop by a Police Officer contrary to section 107 of the Act1,00000134.Causing a vehicle to travel backwards unsafely contrary to section 108 (1) (a) of the Act50000135.Causing a vehicle to run backwards longer than necessary for safety contrary to section 108 (1) (a) of the Act50000136.Following a vehicle too closely contrary to section 108 (1) (b) of the Act50000137.As driver allowing to be disturbed contrary to section 108 (1) (c) of the Act50000138.Allowing someone to interfere with the steering or operating mechanism contrary to section 108 (1)(d) of the Act50000139.Failing to have complete control over a vehicle contrary to section 108 (1) (e) of the Act1,00000140.Failing to set brake on contrary to section 108 (1) (f) of the Act50000141.Failing to drive with safety out of parked position contrary to section 108 (1) (g) of the Act50000142.Failing to give right of way to certain vehicles contrary to section 108 (1) (h) of the Act1,00000143.Failing to give way to locomotive contrary to section 108 (1) (i) of the Act1,00000144.Driver allowing a portion of his body to protrude from vehicle contrary to section 108 (1) (j) of the Act50000145.Allowing a person or animal on top of a vehicle contrary to section 108 (1) (k) of the Act1,00000146.Allowing engine to emit smoke or fumes contrary to section 108 (1) (l) of the Act50000147.Allowing engine to run while a vehicle is stationary and unattended to contrary to section 108 (1) (m) of the Act50000148.Depositing something out of a vehicle upon or along side the road contrary to section 108 (1) (n) of the Act50000149.Allowing engine to run while taking in fuel contrary to section 108 (1) (o) of the Act50000150.Speaking on cellular phone whilst driving contrary to section 108 (1) (p) of the Act1,50000151.Non-driver interfering with operating mechanism of a vehicle contrary to section 108 (2) of the Act1,00000152.Passenger permitting a part of body to protrude beyond vehicle contrary to section 108 (3) of the Act1,00000153.Entering or alighting from a vehicle in motion and unattended contrary to section 108 (4) of the Act50000154.Driving a vehicle upon a sidewalk contrary to section 108 (5) of the Act50000155.Riding a motor cycle not as prescribed contrary to section 109 (1) of the Act50000156.Carrying a passenger contrary to prescriptions on motor cycles contrary to section 109 (2) of the Act50000157.Failing to ensure that passenger on a motor cycle wore a helmet contrary to section 109 (3) of the Act50000158.Being a passenger on a motor cycle without a helmet contrary to section 109 (3) of the Act50000159.Riding a motor cycle without a helmet contrary to section 109 (3) of the Act50000160.Too many persons riding a motor cycle contrary to section 109 (4) of the Act50000161.Carrying more than two persons in a sidecar contrary to section 109 (5) of the Act50000162.Carrying an object, person, or animal in front of a motor cycle contrary to section 109 (6) of the Act50000163.Driving a motor cycle between vehicles contrary to section 109 (7) of the Act50000164.A motor cycle overtaking a vehicle in same lane of traffic with motor cycle contrary to section 109 (7) of the Act50000165.A motor cycle overtaking a vehicle at the same time as another is doing so contrary to section 109 (7) of the Act50000166.Riding a motor cycle abreast a vehicle in the same lane contrary to section 109 (7) of the Act1,50000167.Holding a moving vehicle while riding a motor cycle contrary to section 109 (8) of the Act50000168.Failing to have at least one hand on handlebars of a motor cycle contrary to section 109 (9) of the Act50000169.Operating a motor cycle, motor cycle with sidecar, motor tricycle, or motor quadrucycle with the headlight not illuminated contrary to section 109 (10) of the Act50000170.Failing to keep all wheels of motor cycle in contact with road surface contrary to section 109 (11) of the Act1,00000171.Hooting unnecessarily contrary to section 111 of the Act30000172.Failing to ride astride on saddle of pedal cycle contrary to section 112 (1) of the Act10000173.Failing to ride in single file on pedal cycle contrary to section 112 (2) of the Act10000174.A pedal cyclist holding a vehicle in motion contrary to section 112 (3) of the Act20000175.Causing a pedal cycle to swerve from side to side contrary to section 112 (4) of the Act10000176.Carrying an object or person on a pedal cycle that prevents complete control contrary to section 112 (5) of the Act10000177.Failing to have at least one hand on handlebars of pedal cycle contrary to section 112 (6) of the Act10000178.Failing to ride on portion of road set aside for pedal cycles contrary to section 112 (7) of the Act20000179.Failing to keep all wheels of pedal cycle in contact with road surface contrary to section 112 (8) of the Act20000180.Causing a locomotive to cross road without warning contrary to section 113 (1) of the Act3,00000181.Stopping locomotive or device on railway crossing contrary to section 113 (2) of the Act1,50000182.Leaving or allowing an animal on a public road contrary to section 114 (1) of the Act50000183.Driving animals after sunset without a red light contrary to section 114 (5) (a) of the Act50000184.Driving animals without a red cloth during day time contrary to section 114 (5) (b) of the Act30000185.Allowing an animal to constitute a danger to traffic contrary to section 114 (6) of the Act50000186.Operating an animal-driven vehicle without name and address of owner contrary to section 115 (1) of the Act20000187.Not keeping animal-driven vehicle, harness and equipment in efficient and safe condition contrary to section 115 (2) of the Act20000188.Permitting an incompetent person to use animal-driven vehicle contrary to section 115 (3) of the Act30000189.Failing to give undivided attention to animal-driven vehicle contrary to section 115 (4) of the Act30000190.Having no leader or controller of team of animals contrary to section 115 (5) of the Act30000191.Following another animal-driven vehicle outside urban area within too short a distance with animal-driven vehicle contrary to section 115 (6) of the Act30000192.A pedestrian entering a pedestrian crossing contrary to indications of traffic signal contrary to section 116 (1) of the Act20000193.A driver failing to yield right of way to pedestrians contrary to section 116 (2) of the Act50000194.A pedestrian suddenly entering a pedestrian crossing in front of a vehicle contrary to section 116 (3) of the Act20000195.Passing a vehicle stopped for pedestrians contrary to section 116 (4) of the Act1,00000196.Walking on roadway where sidewalk abutted contrary to section 117 (1) of the Act10000197.Failing to walk on right hand side of road where there is no sidewalk contrary to section 117 (2) of the Act10000198.Crossing a road when it is not safe contrary to section 117 (3) of the Act10000199.Lingering on road when crossing it contrary to section 117 (4) of the Act10000200.Being a source of danger on roadway contrary to section 117 (5) of the Act10000201.Crossing a road not at pedestrian crossing, intersection or further than 50 metres therefrom contrary to section 117 (6) of the Act10000202.After a traffic officer has signalled a pedestrian to stop, proceeding before the officer signals to do so contrary to section 117 (7) of the Act20000203.Organizing or taking part in a race on a public road without prior written consent of the Director contrary to section 118 (2) of the Act2,00000204.Hindering passage of traffic contrary to section 119 (1) of the Act1,00000205.Placing or abandoning object endangering traffic on road contrary to section 119 (2) of the Act1,00000206.Leaving a vehicle in same place on a road for more than seventy-two hours contrary to section 120 (7) of the Act50000207.Causing a wheel to drag or spin on roadway contrary to section 121 (a) of the Act50000208.Using chocks or shoes between wheel and road contrary to section 121 (b) of theAct50000209.Damaging road surface by vehicle or thing contrary to section 121 (c) of the Act50000210.Trading in prohibited urban place contrary to section 122 (a) of the Act30000211.Trading alongside public road outside urban area contrary to section 122 (b) of the Act20000212.Failing, as a person in charge of a garage or other place repairing vehicles, to keep record of marks, etc, of vehicle involved in an accident contrary to section 125 (1) of the Act50000213.Failing, as garage owner, to keep a record of marks to a vehicle involved in an accident for three years and to produce it on request contrary to section 125 (2) of the Act50000214.Furnishing false information for purposes of the Act contrary to section 130 of the Act1,50000215.Prescribed registers not kept contrary to section 138 (1) of the Act1,00000216.Particulars in registers not recorded as prescribed contrary to section 138 (2) of the Act50000217.Failing to furnish information from registers contrary to section 138 (3) of the Act50000218.Failing to issue or issuing an incorrect certificate of insurance contrary to section 151 (1) of the Act50000219.Failing to have certificate of insurance in motor vehicle concerned contrary to section 151 (2) of the Act50000220.Failing to give required information contrary to section 152 (1) of the Act1,00000221.Failing to produce policy or certificate of insurance contrary to section 152 (2) of the Act50000222.Failing to notify the Director that insurance policy has been cancelled contrary to section 154 (1) of the Act 1,00000223.Failing to surrender forthwith any certificate of insurance for a cancelled policy contrary to section 154 (2) of the Act50000224.Wrongfully issuing a replacement certificate of insurance contrary to section 155 of the Act 1,00000225.Obstructing or hindering the carrying out of any inspection contrary to section 160 (3) of the Act1,00000226.WillfuNy failing to comply with restriction prescribed in the conventions 2,00000

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ROAD TRAFFIC (REGISTRATION AND LICENSING) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

PART I

PRELIMINARY

1. Citation

2. Interpretation

PART II

FORMS

3. Forms

4. Particulars in application, etc.

PART III

REGISTRATION OF MOTOR VEHICLES

5. Motor vehicle to be registered

6. Motor vehicle deemed to be registered

7. Motor vehicle exempt from registration

8. Date on which registration of motor vehicle becomes null and void

9. Date and conditions on which motor vehicle is to be registered

10. Application for registration of motor vehicles

11. Requirements for registration of a motor vehicle of Malawi origin

12. Requirements for deregistered motor vehicle

13. Requirements for registration of motor vehicle acquired from the estate of deceased person

14. Requirements for registration of motor vehicle acquired as a result of repossession by title holder

15. Requirements for registration of motor vehicle which has previously been registered outside Malawi

16. Manner of registration

17. Registration number of motor vehicle

18. Director may change allocated registration number

19. Display of registration number

20. Deregistration of registered motor vehicle which becomes exempt from registration

PART IV

LICENSING OF MOTOR VEHICLE

21. Motor vehicle to be licensed

22. Motor vehicle deemed to be licensed

23. Motor vehicle exempt from licensing

24. Date on which motor vehicle licence becomes null and void

25. Date on which motor vehicle is to be licensed

26. Application for licensing of motor vehicle

27. Manner of licensing a motor vehicle

28. Period of validity of motor vehicle licence

29. Annual renewal of motor vehicle licence

30. Requirements for application for licensing in the case of alteration or reconstruction of registered motor vehicle

31. Display of motor vehicle licence

32. Procedure for refund of motor vehicle licence fees

PART V

MOTOR TRADE NUMBER

33. Operation of motor vehicle under motor trade number

34. Application for motor trade number

35. Issue of motor trade number

36. Motor trade number to be licensed

37. Date on which motor trade number to be licensed

38. Application for licensing of motor trade number

39. Licensing of motor trade number

40. Period of validity of a motor trade number licence

41. Annual renewal of motor trade number licence

42. Procedure of change of particulars of holder of motor trade number

43. Cancellation of motor trade number

44. Number issued in prescribed territory

45. Display of motor trade number and motor trade number licence

46. Right of appeal to the Minister

PART VI

TEMPORARY AND SPECIAL PERMITS

47. Motor vehicle may be operated on a public road under a temporary or special permit

48. Application for temporary or special permit

49. Issue of temporary or special permit

50. Period of validity of temporary and special permit

51. Display of temporary or special permit

PART VII

REGISTRATION OF MANUFACTURERS, BUILDERS AND IMPORTERS

52. Appointment of inspectorate of manufacturers, builders and importers

53. Application for registration

54. Registration of manufacture, builder or importer

55. Conditions of registration

56. Suspension or cancellation of registration

57. Powers and duties of the inspectorate

58. Change of particulars of manufacture, builder or importer

59. Change of conditions of registration

PART VIII

GENERAL

60. Procedure for change of particulars of title holder or owner of registered motor vehicle

61. Duty of title holder and owner of motor vehicle where such title holder or owner changes

62. Procedure if motor vehicle is stolen

63. Procedure if motor vehicle becomes permanently unfit for use

64. Number to be affixed to motor vehicle

65. Penalties for late registration or licensing

66. Vehicles excluded from payment of registration and licence fees

67. Arrear fees for licensing a motor vehicle or motor trade number

68. Period of grace

69. Duty to furnish information

70. Duty of Director in respect of records

71. Furnishing of information in respect of motor vehicle

72. Exporting of motor vehicle

73. Manner in which mass measuring certificate to be obtained

74. Procedure when cheque is dishonoured

First Schedule

Second Schedule

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ROAD TRAFFIC (REGISTRATION AND LICENSING) REGULATIONS

G.N.12/2000

PART I

PRELIMINARY

1. Citation

These Regulations may be cited as the Road Traffic (Regulation and Licensing) Regulations.

2. Interpretation

In 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

"body of persons” in relation to the title holder or owner of a motor vehicle means, a body of persons whether a body corporate or not, and includes two or more persons who are joint title holdersor owners of such motor vehicle, but excluding joint title holders or owners who are husband and wife married in community of property.

"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 the Republic of Malawi, whichever Convention is applicable to Malawi, and any amendment thereof;

"goods vehicle” means a motor vehicle constructed or adapted for use primarily for the carriage or haulage of goods;

"motor trade number” means a motor trade number referred toin regulation 33;

"motor trade number registration certificate” means the certificate referred to in regulation 35;

"motor trade number licence” means the licence referred to in regulation 39;

"motor transport contractor” means a person who carries on a business of delivering motor vehicles of which he is not the owner;

"motor vehicle licence” means a licence referred to in regulation 27;

"registration certificate” means a certificate issued to the title holder of a motor vehicle under regulation 16;

"registration number” means a number or a combination of a letter or letter and a number referred to in regulation 17 and includes a vanity registration number;

"special permit” means a permit referred to in regulation 47 (1) (b);

"temporary permit” means a permit referred to in regulation 47 (1) (a); and

"vanity registration number” means a particular combination of letters or letters and numbers requested by the title holder referred to in regulation 17 (b).

PART II

FORMS

3. Forms

The forms set forth in the First Schedule shall be used in all cases to which they are respectively applicable in carrying out the Act and these Regulations.

4. Particulars in application, etc.

The particulars to be entered on or contained in any application, registration certificate, vehicle licence 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, registration certificate, vehicle licence and other licences and certificates as approved by the Minister.

PART III

REGISTRATION OF MOTOR VEHICLES

5. Motor vehicle to be registered

(1) Subject to the provisions of regulations 6 and 7, every motor vehicle in Malawi shall, whether or not it is operated on a public road, be registered by the title holder thereof, in accordance with the provisions of this Part.

(2) No person shall operate on a public road any motor vehicle which is not registered by the title holder thereof, in accordance with the provisions of this Part.

6. Motor vehicle deemed to be registered

(1) Subject to the provisions of subregulation (3), a motor vehicle which is registered and licensed in terms of any law of a prescribed territory and which was not permanently or ordinarily kept in Malawi when it was registered and licensed in terms of such law, shall be deemed to be registered in terms of this Part while being operated in Malawi by or on behalf of the person in whose name such vehicle is registered and licensed.

(2) Subject to the provisions of subregulation (3), a motor vehicle which is registered in accordance with a law of a contracting State to the Convention and in accordance with the terms of the Convention, shall be deemed to be registered in terms of this Part while in Malawi—

(a) during a continuous period of twelve months calculated from the date on which such motor vehicle is brought into Malawi; or

(b) until the registration ceases to be of force and effect in terms of the Convention:

Provided whichever event is the earlier, and which such may, notwithstanding anything to the contrary contained in this Part, be operated on a public road while it complies with the provisions of the Convention.

(3) A motor vehicle referred to in subregulation (1) or (2) shall no longer be deemed to be registered—

(a) if such vehicle does not comply with the provisions of subregulation (1) or (2) while in

Malawi;

(b) in the case of a motor vehicle brought into Malawi by a person resident in Malawi, after a period of thirty days from the date of entry of such motor vehicle into Malawi; or

(c) in the case of a motor vehicle brought into Malawi by a person who obtains permission in terms of any law for residence in Malawi for a total consecutive period longer than one hundred eighty days after thirty days from the date of receiving such permission.

7. Motor vehicle exempt from registration

(1) A motor vehicle—

(a) which has crawler tracks;

(b) which is not operated on a public road;

(c) which by reason of its dimensions or the mass thereof or the mass of a part thereof may not be operated on a public road in terms of the Act; and which is not so operated; and

(d) which is designed exclusively for racing, if such motor vehicle is not operated on a public road, shall not be required to be registered in accordance with the provisions of this Part.

(2) For the purpose of subregulation (1) (b), the words "operated on a public road” shall not be so construed to include the presence of such motor vehicle on a public road for the purpose of—

(a) being driven to the premises of the owner in order to take delivery thereof;

(b) crossing a public road from the premises of the owner to another over a distance of not more than one kilometre; or

(3) If a motor vehicle exempted in terms of subregulation (1) (b) is operated on a public road contrary to the provisions of subregulation (2), the title holder of such motor vehicle shall be liable for the registration thereof on the date referred to in regulation 9 (a) (vii).

8. Date on which registration of motor vehicle becomes null and void

The registration of a motor vehicle becomes null and void on the date—

(a) of change of title holder or of owner of such motor vehicle to a partnership and a change of title holder or owner of such motor vehicle occurs by reason of one of the partners dying or ceasing to be a partner of such partnership or a new partner being admitted thereto, the Director may, upon written application to him by or on behalf of such partnership, determine that no change of title holder or owner shall be deemed to have occurred in respect of such motor vehicle and such determination shall be final;

(b) on which a deregistration certificate in respect of the motor vehicle concerned is issued in terms of regulation 29 (6) (b);

(c) on which a deregistration certificate in respect of the motor vehicle concerned is issued in terms of regulation 63 (3) (d);

(d) if the motor vehicle is subject to an instalment sale transaction, or leasing transaction, twenty-eight days from the date of repossession of the motor vehicle concerned by the title holder;

(e) on which a deregistration certificate in respect of the motor vehicle concerned is issued in terms of regulation 62 (4) (c);

(f) on which the motor vehicle is acquired or the estate is settled, whichever date is the earlier, if the motor vehicle is acquired from the estate of a deceased person; or

(g) determined by the Director in any circumstances not contemplated in this regulation.

9. Date and conditions on which motor vehicle is to be registered

(1) Subject to the provisions of subregulation (2), liability for the regulation of a motor vehicle shall arise—

(a) in the case of a motor vehicle to be registered for the first time in Malawi—

(i) if the motor vehicle was manufactured in Malawi, on the date of completion of manufacture of such motor vehicle;

(ii) if the motor vehicle was built by a builder in Malawi, on the date of completion of the building of such motor vehicle;

(iii) if the motor vehicle was built up from parts by a person other than a builder, on the date of completion of the building of such motor vehicle;

(iv) if the motor vehicle was imported by an importer, on the date of arrival of such vehicle in Malawi or on the date on which a customs clearance certificate for such motor vehicle is issued by or on behalf of the Controller of Customs, if applicable;

(v) subject to the provisions of regulation 6, if the motor vehicle was acquired outside Malawi, on the date such motor vehicle is brought into Malawi or on the date on which a customs clearance certificate for such motor vehicle is issued by or on behalf of the Controller of Customs, if applicable;

(vi) if it is a motor vehicle which is deemed to be registered in terms of regulation 6, on the date it ceases to be so deemed; or

(vii) if it is a motor vehicle which is exempt from registration in terms of regulation 7, and such exemption is withdrawn or is no longer applicable, on the date of such withdrawal or when such exemption no longer applies;

(b) in the case of a motor vehicle previously registered in Malawi—

(i) on the date the registration of such vehicle becomes null and void, in terms of regulation 8 (a), (b), (d) or (f) or, if applicable, 8 (g); or

(ii) which was stolen and deregistered in terms of regulation 62 (4) and is recovered, on the date of release of such motor vehicle by the Malawi Police Service; or

(c) in the circumstances not contemplated in the forgoing provisions of this subregulation, on the date determined by the Director.

(2) Notwithstanding anything to the contrary contained in this Part, a motor vehicle referred to in subregulation (1) (b) may be operated on a public road for a period of fourteen days after the date of liability referred to in this regulation in order to register such vehicle while the registration number allocated thereto is displayed in the manner contemplated in regulation 19.

(3) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred to in subregulation (1), the date alleged to be the date referred to in subregulation (1) shall, until the contrary is proved, be deemed to be the date referred to in the said subregulation.

10. Application for registration of motor vehicle

(1) An application for the registration of a motor vehicle shall be made by the title holder, within fourteen days after the date of liability referred to in regulation 9, to the Director on Form MVRA in the First Schedule.

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

(a) the acceptable identification of the title holder of the motor vehicle and, in the case of a body of persons, that of his proxy and representative and a letter of proxy;

(b) the acceptable identification of the owner of the motor vehicle and, in the case of a body of persons, that of his proxy and representative and a letter of proxy;

(d) if the motor vehicle is registered, the registration certificate concerned;

(e) in the case of a motor vehicle which is being registered for the first time—a completed Form MVRA;

(ii) if it is a new motor vehicle, a certificate from the manufacturer, builder or importer of such motor vehicle containing—

(aa) the chassis number expressed in not more than 17 alpha-numerical

characters;

(bb) if applicable, the engine number expressed in not more than 20 alphanumerical characters;

(cc) the make expressed in not more than 30 alpha-numerical characters;

(dd) the model name expressed in not more than 20 alpha-numerical characters and the model-derivative expressed in not more than 20 alpha-numerical characters, neither of which, for the purpose of this subregulation shall include the year of manufacture;

(ee) other than in the case of a motorcycle, the tare in kilograms expressed in not more than five figures;

(ff) if applicable, the engine capacity in cubic centimetres expressed in not

more than five figures;

(gg) other than in the case of a motorcycle, the gross vehicle mass in kilograms expressed in not more than six figures;

(hh) if applicable, the net engine power to the nearest kilowatt expressed in not more than three figures; and

(ii) the main colour of the motor vehicle concerned.

(f) if the tare has changed due to any reason, a certificate referred to in regulation 73;

(g) if applicable, a Malawi Police Service clearance of the motor vehicle; and

(h) if required by the Director—

(i) proof of the right to be registered as the title holder of the motor vehicle concerned;

(ii) a customs clearance certificate for the motor vehicle concerned or other proof of compliance with the provisions of the customs and excise legislation;

(iii) where doubt exists regarding the tare of the motor vehicle concerned, a certificate referred to in regulation 74; or

(iv) any other documentation required by the Director.

(3) If liability for the registration of a motor vehicle arises due to the sale of such motor vehicle by a motor dealer, the motor dealer concerned shall submit the application referred to in subregulation (1) to the Director.

(4) An application for the vanity registration of a motor vehicle shall be made—

(a) in the case of a motor vehicle subject to regulations 8 and 9 in accordance with regulations 10 (1) to (3) inclusive;

(b) in the case of a motor vehicle currently registered in Malawi and not subject to regulation 9 for which the title holder seeks a new registration number on Form MVRA and shall be accompanied by—

(i) the current registration certificate; and

(ii) the prescribed re-registration fee;

(c) on the condition that any application referred to in paragraph (b) shall be subject to an investigation of the current vehicle registration followed by a mandatory waiting period of twenty-eight days.

11. Requirements for registration of a motor vehicle of Malawi origin

(1) An application for the registration of a motor vehicle of Malawi origin shall, in addition to the requirements and documents referred to in regulation 10, be accompanied by—

(a) in the case of a motor vehicle contemplated in regulation 9 (1) (a) (i), (ii) and (iii) a customs clearance certificate for such motor vehicle issued by or on behalf of the Controller of Customs indicating that the origin of such motor vehicle is Malawi; and

(b) in the case of a motor vehicle contemplated in regulation 9 (1) (a) (iii)—

(i) an affidavit stating the parts used, the person from whom such parts were acquired and, attached to such form, the receipts of the purchase or donation of such parts;

(ii) if such motor vehicle has been built up from a motor vehicle which has become permanently unfit for use as a motor vehicle and has been deregistered in terms of regulation 63 (3), the deregistration certificate in respect of such motor vehicle; and

(iii) if required by the Director, a Malawi Police Service clearance of the motor vehicle concerned.

12. Requirement for deregistered motor vehicle

An application for the registration of a motor vehicle referred to in regulation 8 (b) shall, in addition to the requirements and documents referred to in regulation 10, be accompanied by the deregistration certificate issued in respect of such vehicle.

13. Requirements for registration of motor vehicle acquired from the estate of deceased person

An application for the registration of a motor vehicle referred to in regulation 8 (f) shall, in addition to the requirements and documents referred to in regulation 10, be accompanied by a document substantiating the acquisition of such motor vehicle.

14. Requirements for registration of motor vehicle acquired as a result of repossession by title holder

An application for the registration of a motor vehicle referred to in regulation 8 (d) shall, in addition to the requirements and documents referred to in regulation 10, be accompanied by a certified copy of—

(a) the court order; or

(b) the voluntary surrender documentation:

Provided that an affidavit made by the title holder of that motor vehicle explaining the circumstances under which the vehicle was repossessed may be submitted in the case where the voluntary surrender documentation cannot be obtained, as proof as the right of the title holder to repossess such motor vehicle.

15. Requirements for registration of motor vehicle which has previously been registered outside Malawi

An application for the registration of a motor vehicle referred to in regulation 9 (1) (a), (v) or (vi) shall, in addition to the requirements and documents referred to in regulation 10, be accompanied by—

(a) a customs clearance certificate for such motor vehicle issued by or on behalf of the Controller of Customs;

(b) if such motor vehicle is registered outside Malawi, the documents relating to the registration and licensing of the motor vehicle concerned issued in the country where such motor vehicle is registered; and

16. Manner of registration

(1) On the receipt of the application referred to in regulation 10, the Director may, and if the applicant so requires, shall issue an assessment showing the penalties and fees referred to in regulation 10 (2) (c), for the registration of the motor vehicle concerned.

(2) The Director shall, subject to the provisions of subregulation (3) and regulation 67 (2) on payment of the amount referred to in subregulation (1), and if satisfied that the application is in order—

(a) register the motor vehicle concerned;

(b) if applicable, allocate a registration number to the motor vehicle concerned in the form referred to in regulation 17;

(i) motor vehicle concerned; and

(ii) title holder and owner of such motor vehicle, in the register of motor vehicles; and

(d) issue a motor vehicle registration certificate.

(3) The Director shall not issue a vanity registration number for any motor vehicle currently registered unless the title holder of such motor vehicle—

(a) surrenders to the Director in respect of such motor vehicle—

(i) the current valid registration certificate;

(ii) the current valid motor vehicle licence; and

(iii) the registration plates bearing the current registration number; and

(b) produces in respect of such vehicle an official receipt for payment of—

(i) the vanity registration fee;

(ii) the vanity motor vehicle licence fee in terms of regulation 26 (2) (b).

(4) The title holder shall upon registration of the motor vehicle concerned, forthwith notify the owner of such registration.

17. Registration number of motor vehicle

Every motor vehicle registered shall be allocated a registration number in the form of—

(a) those set forth in the Second Schedule; or

(b) a particular combination of letters or letters and numbers requested by the title holder to be referred to as a vanity registration number:

Provided that such vanity registration number is not already allocated or otherwise prohibited.

18. Director may change allocated registration number

The Director may, upon such conditions as he determines, change the registration number allocated to a motor vehicle.

19. Display of registration number

(1) The registration number of a motor vehicle shall be displayed on a plate bearing directional positive identification images "MW” and "MBS 639” to be referred to as a registration plate.

(2) The registration plate referred to in subregulation (1) shall be rectangular in shape and subject to subregulations (3), (4), (5), (6) and (7), the ground of each registration plate shall have a yellow retro-reflective surface with black letters and figures thereon.

(3) The ground of each registration plate bearing a registration number of a public service vehicle shall have a white retro-reflective surface with red letters and figures thereon.

(4) The ground of each registration plate bearing a registration number on a motor vehicle used under the authority of a motor trade number licence shall be red and the letters and figures thereon shall be black.

(5) The ground of each registration plate bearing a registration number on a motor vehicle belonging to or registered in the name of a statutory corporation shall have a white retro-reflective surface and the letters and figures thereon shall be blue.

(6) The ground of each registration plate bearing a registration number on a motor vehicle belonging to or registered in the name of a diplomatic mission in Malawi, or a member of such a mission, with the status, of diplomatic agent, shall have a white retro-reflective surface and the letters and figures thereon shall be black.

(7) The ground of each registration plate bearing a registration number on a motor vehicle belonging to or registered in the name of a consulate established in Malawi, or of a consular representative, shall be green and the letter or letters and numbers thereon shall be white.

(8) The letters and figures on a registration plate shall be arranged—

(a) with all the letters and figures in one line; or

(b) with the letters preceding the figures in one line and immediately thereunder, the figures in one line.

(9) All letters and figures on every registration plate shall be in a straight block form and not less than 75 millimetres high. All letters shall be in upper case and every part of every letter and figure shall be at least 11 millimetres wide and the total width of the space taken by every letter or figure except in the case of the figure "1” shall be at least 35 millimetres:

Provided that in the case of a motorcycle, motor tricycle or motor quadrucycle the letters and figures shall not be less than half of the above dimensions.

(10) The space between adjoining letters and adjoining figures on the registration plate shall be 12 millimetres and there shall be a margin between the nearest part of any letter or figure and the top and bottom of the registration plate at least 12 millimetres and a margin between the nearest part of any letter or figures and the sides of the registration plate of at least 25 millimetres. The space between the letter or letters and the figure shall be 40 millimetres and if applicable the space between an upper and lower line shall be 19 millimetres.

(11) The owner of a motor vehicle shall cause the registration plate of such motor vehicle to be affixed thereto, from the date of licensing of such motor vehicle, in the manner referred to in subregulation (13), whether or not such motor vehicle is operated on a public road:

Provided that the provisions of this subregulation shall not apply in respect of a registration plate which is removed from such motor vehicle for the purpose of effecting repairs to such motor vehicle or registration plate, and while such motor vehicle is not operated on a public road.

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

(a) on which a registration number or anything purporting to be a registration number, which is not applicable to such vehicle, is displayed;

(b) on which the registration number is in any way obscured or has become illegible, except, if such registration number is temporarily obscured or illegible by reason of a cause beyond the control of the driver of such motor vehicle;

(c) on which any design appears on the registration plate or if such plate is fitted to a registration plate holder, on such holder; and

(d) on which there appears within 150 millimetres of the registration number applicable to such motor vehicle, a design, ornamentation, figure or letter which is not a component part of the standard equipment or construction of that motor vehicle:

Provided that the provisions of this paragraph shall not apply to a distinguishing sign of the country of registration affixed in terms of the Convention;

(e) which, if such a motor vehicle is deemed to be registered and licensed by reason of it being registered or licensed in a prescribed territory, does not comply with the legislation of that prescribed territory relating to the registration and licensing of motor vehicles and matters in connexion therewith;

(f) which is registered in a prescribed territory, without displaying the distinguishing sign of the country of registration allocated in terms of the Convention;

(g) if such vehicle is registered in Malawi and displays thereon a distinguishing sign other than the distinguishing sign allocated to Malawi in terms of the Convention; or

(h) in which a plate is carried on which a registration number appears which is not applicable to such motor vehicle or anything purporting to be a registration number, unless he can prove that such plate was not carried with criminal intent.

(13) A registration plate shall be affixed—

(a) in such a manner that it is not easily detached;

(b) to both the front and rear of a motor vehicle:

Provided that a motorcycle, motor tricycle, motor quadrucycle or trailer may be equipped with only one registration plate on the back of such motorcycle, motor tricycle, motor quadrucycle or trailer;

(d) in such a manner that each letter and figure thereon is clearly legible; and

(e) in such a manner that the whole registration late is clearly visible.

(14) A registration plate shall, in the case of—

(a) a double-deck bus of which the engine is at the rear, be affixed not higher than 1,900 millimetres from ground level; or

(b) any other motor vehicle, be affixed not higher than 1,500 millimetres from ground level.

(15) The provisions of subregulation (13) in relation to legibility and visibility of a registration plate which is affixed to the back of a motor vehicle, shall not apply to a motor vehicle which is towing another vehicle.

(16) No person shall, fourteen days after the entry into force of these Regulations, operate on a public road a motor vehicle whose registration number is not displayed on a registration plate in accordance with subregulation (1).

(17) Any person who contravenes this regulation shall be guilty of an offence.

20. Deregistration of registered motor vehicle which becomes exempt from registration

(1) If a registered motor vehicle becomes exempt from registration under regulation 8, the title holder of such motor vehicle shall apply to the Director for the deregistration of such motor vehicle on Form MVRA.

(2) The application referred to in subregulation (1) shall be accompanied by—

(a) the acceptable identification of the title holder and, if the title holder is a body of persons, that of his proxy and representative and a letter of proxy; and

(b) the registration certificate of the motor vehicle concerned.

(3) On receipt of the application referred to in subregulation (1), the Director shall—

(a) satisfy himself that the application is in order; and

(b) update the particulars pertaining to the motor vehicle concerned in the register of motor vehicles.

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PART IV

LICENSING OF MOTOR VEHICLES

21. Motor vehicle to be licensed

(1) Subject to the provisions of regulations 22 and 23, every motor vehicle in Malawi shall, whether or not it is operated on a public road, be licensed by the owner of such motor vehicle, in accordance with the provisions of this Part.

(2) No person shall operate on a public road any motor vehicle which is not licensed by the owner thereof, in accordance with the provisions of this Part.

22. Motor vehicle deemed to be licensed

(1) A motor vehicle which is deemed to be registered under regulation 6 shall be deemed, notwithstanding anything to the contrary contained in this Part to be licensed in terms of this Part.

(2) A motor vehicle owned by a motor dealer for the purposes of sale or exchange in the course of his business as a motor dealer and if such motor vehicle is not operated on a public road, except under a motor trade number, shall be deemed, notwithstanding anything to the contrary in this Part, to be licensed in terms of this Part.

(3) A motor vehicle referred to in subregulation (1), shall no longer be deemed to be licensed, with effect from the date referred to in regulation 6 (3), and the owner of such motor vehicle shall be liable to licence such motor vehicle in terms of this Part.

23. Motor vehicle exempt from licensing

(1) A motor vehicle which is exempt from registration in terms of regulation 7 shall not be required to be licensed in terms of this Part.

(2) A motor vehicle—

(a) which is a Government vehicle allocated for use by the President;

(b) which is an ambulance owned by the Government of Malawi;

(d) which is designed or adapted solely or primarily for fighting fires;

(e) which is self-propelled and is a tractor, water boring machine, threshing machine, harvester, harrow, mower, baler, scraper, leveler, spraying machine, crane plough or a similar vehicle;

(f) which is not designed principally for the conveyance of goods or persons or both on a public road and which incorporates permanently machinery for the purpose of—

(i) road-making;

(ii) road-sweeping;

(iii) earthmoving;

(iv) excavation;

(v) pipe-laying;

(vi) construction;

(vii) water-boring;

(viii) loading;

(ix) lifting;

(x) internal handling;

(xi) drilling; or

(xii) any like purpose determined by the Director;

(g) which is commonly known as a racing car or a racing motorcycle, which is used solely for racing purposes and such motor vehicle is not operated on a public road; or

(h) which may only be operated on a public road under an exemption in terms of the Act, shall not be required to be licensed under this Part.

(2) For the purposes of this regulation, 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—

(a) being driven to the premises of the owner in order to take delivery thereof;

(b) crossing a public road from the premises of the owner to another over a distance of not more than one kilometre; or

24. Date on which motor vehicle licence becomes null and void

The motor vehicle licence shall become null and void on the date—

(a) referred to in regulation 30 (1);

(b) on which a new registration number is allocated as referred to in regulation 18;

(c) of issue of an acknowledgment of receipt in terms of regulation 62 (4) (d) or 63 (3) (c) in respect of the motor vehicle concerned.

(d) of deregistration in terms of this Chapter;

(e) referred to in regulation 8 (a);

(f) on which the motor vehicle is acquired or the estate is settled, whichever date is the earlier, if the motor vehicle concerned is acquired from the estate of a deceased person;

(g) if the motor vehicle is subject to an instalment sale transaction or leasing transaction, twenty-eight days from the date of repossession by the title holder; or

(h) determined by the Director in any circumstances not contemplated in this regulation.

25. Date on which motor vehicle is to be licensed

(1) Subject to the provisions of subregulation (3), liability for the licensing of a motor vehicle shall arise on the date—

(a) on which liability for the registration of such motor vehicle arises in terms of regulation 9;

(b) on which a vanity registration number is allocated in terms of regulation 16;

(d) referred to in regulation 30 (1);

(e) of expiry of the licence of such motor vehicle in terms of regulation 28;

(f) of release by the Malawi Police Service, if it is a motor vehicle which has been stolen and has not been deregistered under regulation 62 (4), and has been recovered; or

(g) determined by the Director in any circumstances not contemplated in the forgoing provisions.

(2) The date of liability referred to in subregulation (1) (e) shall be construed to arise on the first day of the month following the date of expiry of the existing licence.

(3) Notwithstanding anything to the contrary contained in this Part, a motor vehicle referred to in subregulation (1) may, during a period of seven days after the date referred to in that subregulation, be operated on a public road while the registration number allocated to such motor vehicle prior to the date on which the motor vehicle licence became null and void is displayed in the manner contemplated in regulation 20.

(4) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred to in subregulation (1), the date alleged to be the date referred to in subregulation (1) shall, until the contrary is proven, be deemed to be the date referred to in the said subregulation.

26. Application for licensing of motor vehicle

(1) An application for the licensing of a motor vehicle, shall be made by the owner of such motor vehicle to the Director, in such manner as approved by the Minister, within seven days after the date of liability referred to in regulation 25:

Provided that the seven day grace period contained in this subregulation shall not apply to any motor vehicle contemplated in regulation 25 (1) (b).

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

(a) acceptable identification of the owner of the motor vehicle and, if the owner is a body of persons, acceptable identification of his proxy and representative and a letter of proxy;

(b) the appropriate motor vehicle licence fees referred to in the First Schedule;

(d) a certificate of insurance valid for twelve months;

(e) a valid registration certificate; and

(f) if applicable, proof of a valid certificate of fitness.

(3) If an application is made in terms of subregulation (1) and the owner of the motor vehicle submits a motor vehicle licence of which the period of validity has not yet expired, the fees payable for the licence, so applied for shall be reduced by one-twelfth per month or part thereof for every month such licence is still valid:

Provided that the motor vehicle licence fees payable for the licence in respect of a motor vehicle referred to in regulations 20, 62 (1) (c) and 63 (1) (b), shall not be so reduced.

27. Manner of licensing of motor vehicle

(1) On receipt of the application referred to in regulation 26, the Director may, and if the application so requires, shall issue an assessment showing the fees and penalties referred to in regulation 26 (2) (b) and (c), for the licensing of the motor vehicle concerned.

(2) The Director shall, subject to the provisions of regulation 67 (2), on submission of the amount referred to in subregulation (1), and if satisfied that the application is in order—

(a) licence the motor vehicle concerned;

(b) update the particulars pertaining to such motor vehicle in the register of motor vehicles;

28. Period of validity of motor vehicle licence

(1) A motor vehicle licence shall be valid for a period of twelve months from the first day of the month in which such licence was issued and the date of expiry of such licence shall be shown on the motor vehicle licence:

Provided that if the owner applies for the renewal of the current licence under regulation 29 (2) before the expiry date of such licence, the period of validity of the new licence shall be calculated from the first day of the month which follows on the expiry date of the current licence.

(2) A motor vehicle licence shall not be transferred to the new title holder or owner of the motor vehicle upon transfer of title or change of ownership of such motor vehicle.

29. Annual renewal of motor vehicle licence

(1) The Director may, if he deems it expedient, forward a motor vehicle licence renewal to the postal address of the owner of the motor vehicle, on such form as approved by the Minister, for the renewal of the licence of such motor vehicle.

(2) For the purpose of the renewal referred to in subregulation (1), the owner shall submit the assessment referred to in that subregulation to the Director, and such submission shall serve as application for the renewal referred to in subregulation (1).

(3) The application referred to in subregulation (2) shall be accompanied by—

(a) the appropriate motor vehicle licence fees;

(b) if applicable, the penalties and arrear licence fees referred to in regulations 65 and 67; or

(4) If the owner did not receive a motor vehicle licence assessment referred to in subregulation (1), such owner shall apply for the licensing of the motor vehicle in the manner referred to in regulation 26.

(5) On receipt of an application referred to in subregulation (2), the Director shall licence the motor vehicle as contemplated in regulation 27 (2).

(6) If a motor vehicle is required to be licensed in terms of this Part, and an application for the renewal of the licence of the motor vehicle is not received—

(a) the Director may, within three months from the date of liability referred to in regulation 25, forward a notice of the failure to apply for the licensing of such motor vehicle, on such form as approved by the Minister, to the owner of such motor vehicle and a copy thereof to the title holder of such motor vehicle, and such notice may again be forwarded within six months after the first notice; or

(b) the Director shall, within twelve months from the date of liability referred to in regulation 25—

(i) deregister the motor vehicle concerned; and

(ii) notify the title holder of such action on Form MVRA.

(7) The deregistration of a motor vehicle in terms of subregulation (6) (b) shall not exempt the owner of such motor vehicle from liability for the renewal of the motor vehicle licence in terms of this Part or from penalties and arrear licence fees in terms of regulations 66 and 68.

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30. Requirements for application for licensing in the case of alteration or reconstruction of registered motor vehicle

(1) When a motor vehicle is altered or reconstructed in such a manner and to such an extent that the motor vehicle licence issued in respect of such motor vehicle no longer correctly describes such vehicle, such licence shall become null and void on the date of the completion of such alteration or reconstruction and liability for the licensing of such motor vehicle shall arise on that date.

(2) An application for the licensing of a motor vehicle referred to in subregulation (1) shall be made in terms of regulation 26, and in addition to the requirements and documents referred to in that regulation, be accompanied by—

(a) a certificate referred to in regulation 73; and

(b) if applicable, proof of a valid certificate of fitness.

(3) The provisions of subregulation (1) shall not apply in respect of a motor vehicle where only the colour is changed or the engine is replaced, on condition that the owner of such motor vehicle shall notify the Director of such change or replacement within fourteen days after such change or replacement on Form MVRA:

Provided that the Director may require a Malawi Police Service clearance of the motor vehicle concerned.

(4) On receipt of a notice referred to in subregulation (3), the Director shall update the particulars pertaining to the motor vehicle concerned in the register of motor vehicles.

(5) For the purposes of this regulation, "colour” means the main colour of the body of a motor vehicle, viewed from the outside.

(6) In any prosecution in terms of subregulation (3) the onus of proving that the Director was notified, shall be on the accused.

31. Display of motor vehicle licence

(1) The owner of a motor vehicle shall display a motor vehicle licence issued in respect of such motor vehicle, in the manner referred to in subregulation (2)—

(a) if the motor vehicle is fitted with a transparent windscreen, be displayed by affixing it by means of the adhesive thereon, in an upright position on the outside of the windscreen in such manner that the print on the face of the licence is clearly legible from the outside to a person standing in front or to the left front of such vehicle;

(b) if the motor vehicle is not fitted with a transparent windscreen, be affixed in a conspicuous position on the left side of such motor vehicle in such a manner that the print on the face of such licence is clearly legible from that side; or

(c) if such licence is required to be displayed on a motor vehicle in a position where it is exposed to the weather, be protected by affixing such licence by means of the adhesive thereon on the inside of the transparent front of a durable watertight holder.

(3) No person shall operate on a public road a motor vehicle on which a motor vehicle licence—

(a) or anything purporting to be a motor vehicle licence which is not applicable to such motor vehicle; or

(b) which is in any way obscured or has become illegible, except if such licence is temporarily obscured or illegible by reasons of a cause beyond the control of the driver of such motor vehicle, is displayed.

32. Procedure for refund of motor vehicle licence fees

(1) The title holder or owner of a motor vehicle which has—

(a) had the title of such motor vehicle transferred to a new title holder;

(b) been reported stolen as referred to in regulation 62 (1) (c);

(b) ; or

(d) been deregistered in terms of regulation 20, may apply for a refund of an amount calculated at one-twelfth of the motor vehicle licence fees paid in respect of such motor vehicle in terms of regulation 27 (2) for every month for which the motor vehicle licence remains valid, on the day immediately preceding the day from which the owner is exempt from liability for licensing of the motor vehicle concerned in terms of regulations 20, 62 (5) or 63 (4).

(2) The owner of the motor vehicle referred to in subregulation (1) may, within a period not exceeding sixty days apply to the Director for a refund of the motor vehicle lincence fees in such manner as approved by the Minister.

(3) On receipt of the application referred to in subregulation (2), the Director may refund to the owner of the motor vehicle referred to in subregulation (1), the amount referred to in that subregulation:

Provided that—

(a) an amount of less than two hundred kwacha; or

(b) any amount in respect of a vanity motor vehicle licence, shall not be refunded.

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PART V

MOTOR TRADE NUMBER

33. Operation of motor vehcile under motor trade number

(1) Notwithstanding any provisions to the contrary contained in these Regulations, a manufacturer, builder, importer, motor transport contractor or motor trader may operate a motor vehicle which may not otherwise be operated on a public road, under a motor trade number issued in terms of this Part for the purposes of—

(a) delivery of such motor vehicle by a motor transport contractor, in the course of his business;

(b) delivery, sale, exchange, demonstration, repair or building of a permanent structure on such motor vehicle by a motor dealer;

(d) delivery of such motor vehicle by an importer.

(2) A person who is a deposit taking institution as defined in the Banking Act, and who is a credit grantor in respect of a motor vehicle which— Cap. 44:01

(a) is subject to an instalment sale transaction, or a leasing transaction; and

(b) he desires to operate on a public road for a purpose of repossessing such motor vehicle, may, if such motor vehicle may not otherwise be so operated, operate such motor vehicle on a public road under a motor trade number issued in terms of this Part.

(3) No person shall operate a motor vehicle under a motor trade number, except for the purposes referred to in this regulation.

34. Application for motor trade number

(1) An application for a motor trade number shall be made to the Director on Form MTNL in the First Schedule and shall be accompanied by—

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

(b) the prescribed fees and if applicable, the penalties and arrear fees referred to in regulations 65 and 67.

(2) The applicant referred to in subregulation (1), shall indicate the quantity of motor trade numbers he desires to be issued with, and the purpose for which he desires to be issued with such numbers.

35. Issue of motor trade number

(1) On receipt of the application referred to in regulation 34, the Director—

(a) shall satisfy himself that the applicant is entitled to be issued with a motor trade number; and

(b) may, and if the applicant so requires, shall issue an assessment showing the penalties and fees referred to in regulation 34(1) (b), for the issue of a motor trade number.

(2) On submission of the amount referred to in subregulation (1), the Director shall, subject to the provisions of regulation 67 (2), and if satisfied that the application is in order—

(a) record the particulars in relation to the applicant in the register of motor trade numbers;

(b) issue a motor trade number and authorize, on such conditions and in such quantities as the Director may deem expedient, the use;

(d) if the application is refused, notify the applicant accordingly.

36. Motor trade number to be licensed

Every motor trade number issued in terms of regulation 35, shall be licensed by the holder of such motor trade number in accordance with the provisions of this Part.

37. Date on motor trade number to be licensed

(1) Liability for the licensing of a motor trade number referred to in regulation 36, shall arise on—

(a) the date of issue of the motor trade number registration certificate referred to in regulation 35; or

(b) the first day of the month following the date of expiry of the licence of the motor trade number in terms of regulation 40.

(2) If it is in issue in any civil or criminal proceedings whether an alleged date is the date referred to in subregulation (1), the date alleged to be the date referred to in subregulation (1) shall, until the contrary is proved, be deemed to be the date referred to in the said subregulation.

38. Application for licensing of motor trade number

(1) An application for the licensing of a motor trade number shall be made by the holder of such motor trade number, simultaneously with and on the same form referred to in regulation 34 (1).

(2) The application referred to in subregulation (1) shall be accompanied by the appropriate fees and, if applicable, the penalties and arrear fees referred to in regulations 65 and 67.

39. Period of validity of a motor trade number licence

(1) On receipt of the application referred to in regulation 38, the Director may, and if the applicant so requires, shall, issue an assessment showing the penalties and fees referred to in regulation 38 (2) for the licensing of the motor trade number concerned.

(2) The Director shall, subject to the provisions of regulation 67 (2), on submission of the amount referred to in subregulation (1), and if satisfied that the application is in order—

(a) licence the motor trade number;

(b) update the particulars in relation to the motor trade number concerned in the register of motor trade numbers;

(d) record each such licence issued for a motor trade number plate.

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40. Annual renewal of motor trade number licence

A motor trade number licence shall be valid for a period of twelve months from the first day of the month in which such licence was issued and the date of expiry of such motor trade number licence shall be shown on the motor trade number licence:

Provided that if the holder of such motor trade number applies for the renewal of the current motor trade number licence in terms of regulation 41 (2) before the expiry date of such licence, the period of validity of the new licence shall be calculated from the first day of the month which follows on the expiry date of the current licence.

41. Procedure of change of particulars of holder of motor trade number

(1) The Director may, if he deems it expedient, forward a motor trade number licence renewal to the postal address of the holder of a motor trade number, on such form as approved by the Minister, for the renewal of the licence of such motor trade number.

(2) For the purpose of the renewal referred to in subregulation (1), the holder shall submit such form together with the penalties and fees referred to in regulation 39 (2), to the Director and such submission shall serve as an application for the renewal of the motor trade number licence.

(3) The Director shall, on submission of the fees referred to in subregulation (2), if the application is in order, licence the motor trade number as contemplated in regulation 39 (2).

(4) If the holder did not receive the motor trade number licence renewal referred to in subregulation (1), such holder shall apply for the licensing of the motor trade number in the manner referred to in regulation 38.

(5) If a motor trade number is required to be licensed in terms of the provisions of this Part and an application for the renewal of the licence of such motor trade number is not received within three months from the date of expiry referred to in regulation 40, the Director shall cancel such motor trade number.

(6) The cancellation of a motor trade number in terms of subregulation (5), shall not exempt the holder of such number from the liability for the payment of the penalties and arrear licence fees referred to in regulations 65 and 67.

42. Procedure of change of particulars of holder of motor trade number

(1) If the postal or physical address, the proxy or the representative of the holder of a motor trade number changes, such holder shall, within a period of fourteen days after such change, notify the Director of such change.

(2) If the name as reflected in the acceptable identification of the holder of a motor trade number changes, such holder shall within fourteen days from such change—

(a) notify the Director of such change on Form MTNA;

(b) submit the new acceptable identification; and

(3) Where the proxy or representative of the holder of a motor trade number 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 relation to the persons or body of persons concerned in the register of motor trade numbers; and

(c) in the case of a notification under subregulation (2), issue a new motor trade number registration certificate to the holder upon payment of the appropriate fees for the issue of a duplicate document.

(5) If a motor trade number 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 the business of a—

(a) motor transport contractor;

(b) manufacturer;

(d) importer;

(e) motor dealer; or

(f) deposit taking institution referred to in regulation 33 (2), from the estate of a deceased spouse and a motor trade number is in force in respect of such business, every such number shall, notwithstanding any provisions to the contrary contained in this Part, remain in force for the unexpired period of the motor trade number licence concerned, in respect of such business and the new owner of the business shall be deemed to be the holder of the motor trade number.

43. Cancellation of motor trade number

(1) Whenever the holder of a motor trade number has, in the opinion of the Director, contravened a provision of these Regulations in the course of carrying on the business of a motor transport contractor, manufacturer, builder, importer, motor trade or deposit taking institution referred to in regulation 33 (2), as the case may be, the Director may cancel such motor trade number.

(2) If a motor trade number referred to in subregulation (1) has been cancelled, the holder of such number shall forthwith surrender the motor trade number registration certificate, all motor trade number licences and all the motor trade number plates referred to in regulation 45 to the Director.

(3) If—

(a) the holder of a motor trade number no longer requires such number; or

(b) the holder of a motor trade number ceases to carry on the business referred to in subregulation (1), such holder shall forthwith apply to the Director for the cancellation of such motor trade number and such application shall be accompanied by the relevant motor trade number registration certificate, all motor trade number licences and all the motor trade number plates, referred to in regulation 45.

(4) On receipt of the application referred to in subregulation (3), the Director shall—

(a) cancel the motor trade number;

(b) destroy the motor trade number registration certificate, all motor trade number licences and all the motor trade number plates; and

44. Number issued in prescribed territory

A number which has a similar purpose to that of a motor trade number, and which is issued in a prescribed territory in accordance with the laws of such territory, shall be deemed to be a motor trade number for the purposes of this Part when such number is displayed on a motor vehicle which is operated on a public road in Malawi.

45. Display of motor trade number and motor trade number licence

(1) A motor trade number shall be displayed on a plate referred to in regulation 19 and in accordance with the provisions of that regulation:

Provided that in the case of a motor vehicle other than a motorcycle, motor tricycle, motor quadrucycle or trailer, such plate shall, if such motor vehicle has a rear window, be displayed inside such vehicle in an upright position and in such a manner that each letter and figure of such plate shall be clearly legible when viewed from the rear of the motor vehicle.

(2) A motor trade number licence issued in terms of regulation 40 shall be affixed by means of the adhesive thereon, to the inside of the transparent front of a durable watertight holder.

(3) The watertight holder referred to in subregulation (2), shall be attached to the motor trade number plate so that the print on the face of the motor trade number licence is clearly legible as contemplated in subregulation (1).

(4) No motor trade number shall be permanently affixed to any motor vehicle.

46. Right of appeal to the Minister

(1) Any person who is aggrieved at the refusal of the Director to issue a motor trade number to him, under regulation 35, may, within twenty-one days after the date of such refusal, appeal against such refusal to the Minister in accordance with the Road Traffic (Appeals) Regulations.

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

(3) The Minister may, after considering the appeal, give such decision as he may deem fit.

PART VI

TEMPORARY AND SPECIAL PERMITS

47. Motor vehicle may be operated on a public road under a temporary or special permit

(1) A person who desires to operate on a public road a motor vehicle which has not been registered and licensed, and may not otherwise be so operate, may—

(a) if he is the owner of such motor vehicle, obtain a temporary permit in respect of such motor vehicle in order to operate such motor vehicle if such motor vehicle is to be registered and licensed in terms of these Regulations, but only during the period permitted for such registration and licensing; or

(b) obtain a special permit in respect of such motor vehicle in order to operate such motor vehicle on a public road as if it is registered and licensed for the purpose of—

(i) testing such motor vehicle;

(ii) proceeding to or returning from a place where repairs are to be or have been effected to such motor vehicle;

(iii) reaching a motor vehicle inspection station or mass measuring apparatus; or

(iv) repossessing such motor vehicle, as contemplated in regulation 33 (2).

(2) A temporary permit—

(a) shall not be issued in respect of a motor vehicle, of which the owner changes, unless the new owner of such motor vehicle submits an application for the licensing thereof in terms of regulation 26; or

(b) shall not be issued in respect of a motor vehicle unless a certificate of insurance in respect of such motor vehicle valid for the period referred to in regulation 50 is submitted.

(3) The owner of a motor vehicle which is licensed and who cannot comply forthwith with the provisions of regulation 19 or 31, may obtain a temporary permit in order to operate the motor vehicle on a public road.

(4) A temporary or special permit shall not authorize the holder of such permit to convey persons or goods in the motor vehicle concerned.

48. Application for temporary or special permit

(1) If a temporary or special permit is required for a motor vehicle, the application for such permit shall be made to the Director on Form MVRA.

(2) An application referred to in subregulation (1), shall be accompanied by—

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

(b) the appropriate fees;

(d) subject to regulation 47 (2) (c), proof of a valid certificate of fitness.

49. Issue of temporary or special permit

(1) On receipt of the application referred to in regulation 48 (1) or (2), the Director may, and if the applicant so requires, shall issue an assessment showing the penalties and fees referred to in regulation 48 (3).

(2) On submission of the assessment and amounts referred to in subregulation (1), the Director shall, subject to the provisions of regulation 67 (2), and if satisfied that the application is in order—

(a) record the particulars pertaining to—

(i) the applicant; and

(ii) the issuing company, expiry date and certificate number of the certificate of insurance, in the register of motor vehicles; and

(b) issue a duly completed temporary or special permit, as the case may be.

(3) A permit issued in respect of a motor vehicle in a prescribed territory in terms of any law relating to motor vehicles in force in that territory and serving the same purpose as a temporary or special permit shall, if the provisions of the law of such prescribed territory relating to the operation of a motor vehicle on a public road under such permit, is complied with, for the purposes of this Part, be deemed to be such temporary or special permit.

50. Period of validity of temporary and special permit

(1) The date of commencement and the date of expiry of a permit issued in terms of regulation 49 (2) (b) shall be recorded on such permit and such permit shall be valid—

(a) in the case of a temporary permit, for a period of twenty-eight days, calculated—

(i) in respect of a motor vehicle referred to in regulation 47 (3), from the date of issue of such temporary permit; or

(ii) for any other motor vehicle, from the date on which liability for the licensing of such motor vehicle arises; or

(b) in the case of a special permit, for a period of seven days calculated from the date specified by the applicant in the application form including the day of issue, provided that such date shall not be more than fourteen days after the date on which the application is made.

51. Display of temporary or special permit

(1) A permit issued in respect of a motor vehicle in terms of regulation 49 (2) (b) shall be displayed—

(a) if such motor vehicle has a rear window, on the inside of such window in the lower left- hand corner when viewed from the rear of the motor vehicle, so that the inscription thereon is legible through the glass; or

(2) No person shall operate on a public road a motor vehicle on which is displayed a temporary or special permit or anything purporting to be such a permit which is not applicable to such motor vehicle.

(3) No person shall operate on a public road a motor vehicle on which a temporary or special permit is displaced which is in any way obscured or has become illegible, except if such permit is temporarily obscured or illegible by reason of a cause beyond the control of the driver of such motor vehicle.

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PART VII

REGISTRATION OF MANUFACTURERS, BUILDERS AND IMPORTERS

52. Appointment of inspectorate of manufacturers, builders and importers

Pursuant to section 17 of the Act, the Road Traffic Department is hereby appointed to act as the Inspectorate of Manufacturers, Builders and Importers.

53. Application for registration

(1) An application under section 13 (1) of the Act shall be made on Form MBIRA in the First Schedule.

(2) An application referred to in subregulation (1) shall be made and accompanied by—

(a) the acceptable identification of the applicant and, if such applicant is a body of persons or corporation, that of his proxy and representative and a letter of proxy;

(b) the appropriate fees, if any;

54. Registration of manufacturer, builder or importer

(1) On receipt of an application referred to in regulation 53, the Director shall—

(a) ensure that such application is in order;

(b) require the inspectorate of manufacturers, builders and importers to—

(i) evaluate the applicant in respect of the compliance of the vehicles manufactured, built or imported by such applicant, with the relevant legislation, standards and specifications of motor vehicles in force in Malawi; and

(ii) submit a recommendation in respect of the registration of the applicant;

(c) require the responsible officer-in-charge at the Malawi Police Service to submit a report, in respect of the applicant, and such report may contain any prior convictions recorded against the applicant and the nature of such convictions, and any such official is hereby authorized to report accordingly; and

(d) with due regard to the evaluation and recommendations of the inspectorate of manufacturers, builders and importers and the Malawi Police Service, satisfy himself that the applicant is suitable to be registered.

(2) If the Director is satisfied in terms of subregulation (1) (d), he shall—

(a) register the applicant on the conditions referred to in regulation 55;

(b) record the particulars pertaining to such applicant on the register of manufacturers, builders and importers; and

(c) issue to such applicant a certificate of registration which shall reflect the conditions referred to in paragraph (a).

(3) If the Director is not satisfied in terms of subregulation (1) (d), he shall notify such applicant accordingly.

(4) A registered manufacturer, builder or importer of motor vehicle shall, at any time, be subject to an evaluation by the inspectorate referred to in subregulation (1) (b).

55. Conditions of registration

The Director to which a manufacturer, builder or importer applies for registration—

(a) shall require as a condition of registration that notice be given by the manufacturer, builder or importer concerned on Form MBIRA to the inspectorate of manufacturers, builders and importers of any motor vehicle being manufactured, built or imported; and

(b) may require as a condition of registration—

(i) that a motor vehicle manufactured, built or imported by a manufacturer, builder or importer, shall be presented to the Director for clearance of such motor vehicle;

(ii) that a motor vehicle of any model shall be deemed not to be roadworthy until a certificate of fitness has been issued in respect of such motor vehicle; or

(iii) that both the conditions referred to in subparagraphs (i) and (ii) be complied with.

56. Suspension or cancellation of registration

(1) If the Director suspends or cancels the registration of a manufacturer, builder or importer in terms of section 14 of the Act, he shall notify such manufacturer, builder or importer of such suspension or cancellation and, the reason therefore and, in the case of suspension, the period thereof.

(2) The manufacturer, builder or importer referred to in subregulation (1), may, within twenty- one days after receipt of the notification referred to in that subregulation, appeal against such suspension or cancellation to the Minister in accordance with the Road Traffic (Appeals) Regulations.

(3) The Minister shall consider any appeal made in terms of subregulation (2), if any.

(4) The manufacturer, builder or importer, of which the registration has been cancelled, shall within fourteen days after having been notified of such cancellation, submit to the Director, the certificate of registration.

57. Powers and duties of the inspectorate

(1) The inspectorate of manufacturers, builders and importers—

(a) shall, in terms of regulation 54 (1) (b), evaluate a manufacturer, builder or importer and make a recommendation to the Director regarding—

(i) the suitability of such manufacturer, builder or importer to be registered; and

(ii) the conditions upon which such manufacturer, builder or importer should be registered;

(b) shall, in respect of every manufacturer, builder or importer, conduct at least one inspection one year to monitor the standards applied by every manufacturer, builder or importer;

(c) may advise any manufacturer, builder or importer in writing on the improvement and maintenance of standards applied by the manufacturer, builder or importer concerned and submit a copy of such written advice to the Director; and

(d) shall, when necessary, recommend to the Director the suspension, cancellation or charge in conditions of the registration of a manufacturer, builder or importer.

(2) A person employed by, or who acts on behalf of, the inspectorate or manufacturers, builders or importers may at any reasonable time—

(a) for the purposes of regulation 54 (1) (b) (i) inspect, examine or test any motor vehicle which is being manufactured, built or imported by a manufacturer, builder or importer; and

(b) without prior notice—

(i) enter the premises of any manufacturer, builder or importer;

(ii) inspect any records of the manufacturer, builder or importer referred to in subparagraph (i); and

(iii) question any person with regard to any matter relating to the operation of the manufacturer, builder or importer referred to in subparagraph (i).

58. Change of particulars of manufactuer, builder or importer

(1) If there is any change of name, street or postal address, proxy, representative or acceptable identification of the manufacturer, builder or importer referred to in regulation 55 (2), such manufacturer, builder or importer shall, within twenty-one days after the date of such change, notify the Director of such change, on Form MBIRA.

(2) On receipt of the notification referred to in subregulation (1), the Director shall update the particulars pertaining to such manufacturer, builder or importer in the register of manufacturers, builders and importers.

59. Change of conditions of registration

(1) The Director shall notify a manufacturer, builder or importer of any intention to change the conditions on which such manufacturer, builder or importer is registered, and of the extent of such change.

(2) The manufacturer, builder or importer referred to in subregulation (1), may, within twenty- one days after receipt of the notification referred to in that subregulation, appeal against any change of conditions to the Minister in accordance with the Road Traffic (Appeals) Regulations.

(3) The Minister shall consider any appeal made in terms of subregulation (2), if any.

(4) When the conditions referred to in regulation 55, change—

(a) the Director shall notify the manufacturer, builder or importer concerned of such change; and

(b) the manufacturer, builder or importer concerned shall within fourteen days after such change submit to the Director the certificate of registration referred to in regulation 54 (2) (c).

(5) On receipt of the certificate referred to in subregulation (4), the Director shall issue to the manufacturer, builder or importer concerned a new certificate of registration which shall reflect the new conditions.

60. Procedure for change of particulars of title holder or owner of registered motor vehicle

(1) If the postal or street address, proxy or representative of the title holder or owner of a motor vehicle which is registered in terms of these regulations changes, such title holder or owner shall, within a period of fourteen days after such change, notify the Director of such change on Form MVRA.

(2) If the name as reflected in the acceptable identification of the title holder or owner of a motor vehicle registered in terms of these regulations, changes, such title holder or owner shall within a period of fourteen days after such change—

(a) notify the Director of such change on Form MVRA; and

(b) submit the new acceptable identification.

(3) Where a change referred to in subregulation (2) occurs in respect of a title holder, such title holder shall submit every registration certificate issued to him, together with the notification referred to in that subregulation, to the Director.

(4) In the case of a change referred to in subregulation (1) in respect of the proxy or representative of a body of persons, the notification referred to in that subregulation shall be accompanied by the acceptable identification of the new proxy or representative, as the case may be and, if applicable, a letter of proxy.

(5) 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 pertaining to the person or body of persons concerned in the register of motor vehicles; and

(c) in the case of a notification referred to in subregulation (2), issue to the title holder concerned, a new motor vehicle registration certificate upon payment of the prescribed fees.

(6) The owner of a motor vehicle shall notify the title holder of such motor vehicle, or any change of address or particulars of the owner as referred to in subregulations (1) and (2).

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61. Duty of title holder and owner of motor vehicle where such title holder or owner changes

(1) No person shall, either for himself or on behalf of another person—

(a) voluntarily dispose of or deliver a motor vehicle in terms of an instalment sale transaction or leasing transaction unless such motor vehicle, if required to be registered and licensed in terms of Part III and IV of these Regulations, is so registered and licensed; and

(b) voluntarily acquire or take delivery of a motor vehicle if the motor vehicle may not be disposed of or delivered in terms of paragraph (a).

(2) If there is a change of title holder of a motor vehicle—

(a) the current title holder of such motor vehicle shall—

(i) complete the relevant portion of Form MVRA as approved by the Minister;

(ii) ensure that the new title holder completes the relevant portion of Form MVRA; and

(iii) sign and hand over the registration certificate concerned to the new title holder.

(3) If there is a change of ownership of a motor vehicle, the current title holder of such motor vehicle shall notify the Director of such change, on Form MVRA.

(4) On receipt of a notification referred to in subregulation (2) or (3), the Director—

(a) shall ensure that such notification is in order;

(b) if applicable, issue a motor vehicle registration certificate; and

62. Procedure if motor vehicle is stolen

(1) If a motor vehicle is stolen, the owner of such motor vehicle shall—

(a) report the theft to the Malawi Police Service, within twenty hours after he has become aware of such theft;

(b) notify the title holder forthwith of the theft; and

(c) within seven days after the date he has become aware of the theft, if the motor vehicle concerned has not been recovered during such period, notify the Director of such theft by forwarding Form MVRA.

(2) No change of title holder or ownership of a motor vehicle reported stolen shall be effected unless such change results from—

(a) an agreement of indemnity against the theft of such motor vehicle; and

(b) an agreement between the ownership and the title holder of such motor vehicle.

(3) The title holder of the motor vehicle referred to in subregulation (1) shall—

(a) within ninety days after the date on which he was notified of the theft, notify the Director of such theft on Form MVRA; and

(b) submit the registration certificate of such motor vehicle and the notification referred to in paragraph (a), to the Director.

(4) On receipt of the notification referred to in subregulation (1) (c) or (3) (a), the Director

shall—

(a) ensure that such notification is in order; and

(b) update the particulars pertaining to the motor vehicle concerned in the register of motor vehicles.

(5) The owner of the motor vehicle concerned shall be exempt from liability for the licensing of such motor vehicle, with effect from the first day of the month following the month in which such theft was reported:

Provided that a period during which the title holder of such motor vehicle was unable to notify the Director due to circumstances beyond his control, shall be disregarded.

(6) If the motor vehicle referred to in subregulation (1) is recovered, the owner of such motor vehicle shall—
within twenty hours after such recovery, notify the Malawi Police Force thereof;

(b) notify the title holder and the Director forthwith of such recovery; and

(c) apply for the licensing of such motor vehicle as referred to in regulation 26, and such application shall be accompanied by a Malawi Police Service clearance of the motor vehicle.

63. Procedure if motor vehicle becomes permanently unfit for use

(1) If a motor vehicle becomes permanently unfit for use as a motor vehicle, the title holder of such motor vehicle shall—

(a) within ninety days after the date on which such motor vehicle has become permanently unfit, notify the Director, on Form MVRA, that such motor vehicle is permanently unfit; and

(b) submit the registration certificate and registration number plates of such motor vehicle with the notification referred to in paragraph (a) to the Director.

(2) On receipt of a notification referred to in subregulation (1) (a) the Director shall—

(a) ensure that the notification is in order; and

(b) update the particulars pertaining to the motor vehicle in the register of motor vehicles.

(3) The owner of the motor vehicle concerned shall be exempt from liability for the licensing of such motor vehicle, with effect from the first day of the month following the month in which such notification was made:

Provided that a period during which the title holder of such motor vehicle was unable to notify the Director due to the circumstances beyond his control, shall be disregarded.

64. Number to be affixed to motor vehicle

(1) Every motor vehicle shall have a chassis number of not more than seventeen alphanumerical characters which shall be cut, stamped, embossed on or permanently affixed to such motor vehicle and, if applicable, an engine number of not more than twenty alpha-numerical characters which shall be cut, stamped, embossed on or permanently affixed to the engine of such vehicle.

(2) The title holder of a motor vehicle—

(a) which does not bear a chassis number;

(b) which, if it is self-propelled, does not bear an engine number;

(d) of which the number referred to in paragraph (a) or (b), appears on another motor vehicle; or

(e) of which the number referred to in paragraph (a) or (b) is altered, defaced or obliterated, shall tender such motor vehicle to the Director.

(3) The Director shall, upon payment of the prescribed fees, issue a new number referred to in subregulation (2) (a) or (b) in respect of the motor vehicle referred to in that subregulation.

(4) The title holder of a motor vehicle referred to in subregulation (2) shall cause the number issued by the Director as contemplated in subregulation (3) to be cut, stamped, embossed on or permanently affixed to such motor vehicle.

(5) The number referred to in subregulation (4) shall be the chassis or engine number, as the case may be, of the motor vehicle concerned.

65. Penalties for late registration or licensing

(1) If an application, for the registration or licensing of a motor vehicle or licensing of a motor trade number is not made within the period determined for in these Regulations, the title holder, owner or holder, as the case may be, shall pay penalty to the Director calculated at one tenth of the appropriate fees for every month or part of a month during which the fees remain unpaid:

Provided that such penalty shall not exceed the total amount of the appropriate fees.

(2) The payment by the title holder or owner of a motor vehicle or holder of a motor trade number, of the registration or licence fees, or motor trade number licence fees, as the case may be, as well as the penalty referred to in subregulation (1), shall not relieve such title holder, owner or holder from prosecution for his failure to register or license such motor vehicle or motor trade number as required nor shall such a prosecution of such title holder, owner or holder for his failure to register or licence the motor vehicle or motor trade number concerned as required, as the case may be, relieve him of the liability to pay the appropriate fees for registration or licensing, as well as the penalty referred to in subregulation (1).

(3) The title holder or owner of a motor vehicle or the holder of a motor trade number who submits an application on the appropriate form to the Director for the registration or licensing of a motor vehicle or motor trade number, as the case may be, together with the appropriate fees within the time allowed, but fails to furnish any relevant document of particulars which may be required by the Director, shall, notwithstanding anything to the contrary contained in this regulation, not be liable for any penalty if the Director is satisfied that such failure was due to circumstances beyond the control of such title holder, owner or holder.

(4) If the Director is satisfied that payment of registration or licence fees or motor trade number licence fees was delayed by a cause beyond the control of or were not due to any fault on the part of the title holder or owner of a motor vehicle or holder of a motor trade number, he may direct that a penalty paid in respect of the registration or licensing, or so much thereof as the circumstances appear to him to justify, shall be refunded as the case may be.

66. Vehicles excluded from payment of registration and licence fees

A motor vehicle of which the owner is a foreign government, a diplomat representing a foreign country, an international or intergovernmental organization or any person or class of persons as the Minister of Foreign Affairs and International Cooperation may detemine, is excluded from the payment of registration and licence fees.

67. Arrear fees for licensing a motor vehicle or motor trade number

(1) If an application is made for the licensing of a motor vehicle or motor trade number in a month following the month in which liability for the licensing for such motor vehicle or motor trade number arose, arrear licence fees, calculated at one twelfth per month of the annual licence fees from the first day of the month in which liability for such licensing arose until the last day of the month preceding the month in which application is made, shall be payable.

(2) If a person who owes any penalties or fees in terms of the provisions of these Regulations to the Director, applies for any transaction, the Director may refuse to effect the transaction applied for, until such penalties and fees have been paid, and may apply any amount tendered in settlement of such penalties and fees due.

68. Period of grace

Where, in terms of these Regulations, provision is made for a period within which an application shall be made, such period shall be construed as a period of grace allowed to the applicant, during which he may make such application without being liable for a penalty referred to in regulation 65 or prosecution for not making such application as required.

69. Duty to furnish information

(1) Any person requested by the Director, an authorized officer or a traffic police officer to furnish information regarding a motor vehicle or a motor vehicle body which is or may have been at any time in his possession, shall furnish such information.

(2) A person shall furnish such information as may be required by the Director, an authorized officer or a traffic police officer regarding any matter in respect of which such person has responsibility in terms of the Act.

70. Duty of Director in respect of records

(1) The Director shall keep a file for every motor vehicle he registers or licences, and for every motor trade number he issues and licences.

(2) The Director shall record all transactions processed in the applicable register and keep a record of such transactions.

71. Furnishing of information in respect of motor vehicle

(1) Any person may apply to the Director for information in respect of a motor vehicle.

(2) The application referred to in subregulation (1) shall be accompanied by—

(a) the acceptable identification of the applicant and, in the case of a body of persons, that of his proxy and representative and a letter of proxy; and

(b) the appropriate fees, if any.

(3) On receipt of the application referred to in subregulation (1), the Director shall, if satisfied that the application is in order, issue the information to the applicant in such form as is required.

72. Exporting of motor vehicle

(1) If the title holder of a motor vehicle, other than a manufacturer or a builder of a new motor vehicle, intends to export such motor vehicle, such title holder shall notify the Director thereof on Form MVRA.

(2) On receipt of a notification referred to in subregulation (1), the Director shall update the particulars pertaining to such vehicle in the register of motor vehicles

73. Manner in which mass measuring certificate to be obtained

(1) A mass measuring certificate on which the tare and particulars of the motor vehicle concerned are reflected, shall be obtained by the applicant therefore at his own expense from a person in charge of a mass measuring apparatus approved by the Director.

(2) The tare of a motor vehicle referred to in subregulation (1), shall be determined in the presence of a person nominated by the Director.

74. Procedure when cheque is dishonoured

(1) If any penalties and fees for a transaction in terms of these Regulations, are paid by cheque and such cheque is dishonoured on presentation, the Director may notify the person concerned thereof in writing and, unless the person concerned honours such cheque within the period allowed by the Director, such transaction shall be null and void and the Director shall—

(a) notify the person concerned thereof, by certified post;

(b) cancel all documents issued in respect of that transaction; and

(c) update the particulars pertaining to the person concerned and, if applicable, the motor vehicle concerned in the registers.

(2) On receipt of the notice referred to in subregulation (1), the person concerned shall, within fourteen days after the date of issue of such notice—

(a) if applicable, return any documents, licences or certificates issued in respect of the transaction referred to in subregulation (1) and

(b) reapply for the transaction concerned.

(3) If the payment of any penalties and fees due in terms of these Regulations is late by reason of a cheque tendered for such payment being dishonoured, penalties and arrear fees referred to in regulations 66 and 68 may be levied.

(4) No person shall pay for any penalty, fee or any transaction by any cheque which is dishonoured upon presentation for payment.

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FIRST SCHEDULE

MALAWI GOVERNMENT

FORM MVRA

ROAD TRAFFIC ACT

THE ROAD TRAFFIC (REGISTRATION AND LICENSING) REGULATIONS (REGULATION 3)

APPLICATION FOR REGISTRATION OF A MOTOR VEHCLE OR TRAILER

(1) To be completed by applicant in block capitals (see notes below)

(a) Full Name of Owner:.................................................................................

(b) Postal Address: ...................................................................................

(d) Type of Motor Vehicle or Trailer (Note 1): ...................................................................

(e) Make: ..........................................................................................

(f) Year of Make:......................................................................................

(g) Colour: .........................................................................................

(h) Type of Body (Note 2)................................................................................

(i) Seating Capacity (including driver).......................................................................

Chassis No. (Note 3)

(k) Engine No........................................................................................

(l) CC ............................................................................................

(m) Propelled By:....................................................................................

(n) Tare (Kg)..........................................................................................

(o) Manufacturer's permitted gross vehicle mass (Note 4) ................................ Pay Load

(p) Country of Origin:.....................................................................................

(q) Previous Registration Mark (if any):.......................................................................

(r) Number of Axles:.....................................................................................

(s) Identity of Applicant:................................................................................

Date:.....................

Signature of Applicant

2. To be completed by Licensing Officer

(a) Registration Mark Assigned: ..........................................................................

(b) Number of Registration Certificate Issued:.................................................................

(d) Name and Address of Absolute Owner (to be inserted at request of absolute owner)

Authorized Licensing Officer

Date: ....................

Station: .................

NOTES

1. For example: "autocycle", "bus”, "caravan”, "excavator”, "grader”, "independent trailer”, low bed”, "mechanical horse”, "motor car”, "motorcycle (two wheeled)”, "motorcycle (three
wheeled)”, "panel van”, "pole trailer”, "road roller”, "semi-trailer”, "straight frame”, "tanker”, "tipper”, "trailer”, "truck”, "vanette”, "works truck”.

2. For example: "drop side”, "flat”, "sedan”, "stake sided”, "station wagon”, "tourer”, "van”.

3. In the case of trailer that has no chassis number, insert some other distinguished mark.

4. Manufacturer's permitted gross vehicle mass is required in respect of all "heavy vehicles” and "heavy trailers”, i.e. those motor vehicles whatever their weight. It is the weight that the manufacturer or his representative of a motor vehicle or trailer certifies that such vehicle or trailer has been built to carry, including its own weight.

MALAWI GOVERNMENT

FORM MBIRA

ROAD TRAFFIC ACT

ROAD TRAFFIC (REGISTRATION AND LICENSING) REGULATIONS (REGULATION 3)

APPLICATION FOR REGISTRATION AS A MANUFACTUER, BUILDER OR IMPORTER OF MOTOR VEHICLES Applicant information:

The applicant is a: Corporation ..................................... Partnership ........................... Single

Owner

.............. Other (explain)............................................................................

Name of Applicant:.....................................................................................

Postal Address:..........................................................................................

Physical address and telephone number of each business location.

1......................................... Tel. No........................................ 2............................................ Tel. No.

..................................... 3.............................................. Tel. No..................................................... 4.

..................................... Tel. No.........................................

Applicant's Business Licence No................................................................... Previous MBI

Registration No. (if any)...................................................................................

If the applicant is a body of persons please provide the following for his proxy or representative.

Name of Representative:

Registration category requested:

Please put an X in all boxes for which registration is requested.

Registration category:

ManufacturerBuilderImporter (new)Importer (used)

For Manufacturer and Importer (new) category indicate vehicle makes represented.

Indicate vehicle makes for which you, a franchise or otherwise represent.

Make of vehicleMake of vehicle1...................................................... 5.............................................. 2.

...................................... 6. ......................................... 3. ...................................... 7.

......................................... 4........................................ 8...........................................

Applicant's certification:

I hereby apply for registration as a manufacturer, builder or importer of motor vehicles. I certify that the particulars given above are true.

Date:.................................

Signature of Applicant's Representative MALAWI GOVERNMENT FORM MTNL ROAD TRAFFIC ACT

ROAD TRAFFIC (REGISTRATION AND LICENSING) REGULATIONS (REGULATION 3)

MOTOR TRADE NUMBER LICENCE

No...........................................................................

Fee Paid:..................................................................

Number of motor trade number plate:

Name of holder of motor trade number:

Date of expiry of this licence:

Signature and date stamp of Issuing Officer Original: The dealer.

Duplicate: Remains in book.

NOTE: The above licence token should be printed in the form of a disk.

SECOND SCHEDULE reg. 17

PART I

Name of AreaRegistration Letters1.Regional Registration Letters— (a)Southern Region B series (b)Central RegionCA (c)

Northern Region NA2.District Registration Letters—(a)Chitipa CP(b)Karonga KA(c)RumphiRU(d)Mzimba MZ(e)

NkhataBayNB(f)LikomaLA(g)KasunguKU(h)NkhotakotaKK(i)NtchisiNS(j)

DowaDA(k)MchinjiMC(l)LilongweLL(m)SalimaSA(n)DedzaDZ(o)NtcheuNU(p)MangochiMH(q)MachingaMHG(r)ZombaZA(s)

MwanzaMN(t)BlantyreBT(u)ChiradzuluCZ(v)MulanjeMJ(w)ChikhwawaCK(x)ThyoloTO(y)NsanjeNE(z)PhalombePE(aa)

BalakaBLK3.Vanity registration: a particular combination of letters or letters and numbers requested by the title holder.

PART II

Vehicles and Trailers Registration Letters or Insignia1.Owned by the Government, and—(a)allocated for use by the Defence Force of Malawi MA

(b)allocated for the official use of the President in connexion with his duties Malawi Coat of Arms

(c)allocated for use by the Malawi Police ServiceMP(d)allocated for use by the Judiciary JUD

(e)allocated for use by Parliament PAR(f)not otherwise allocated MG2.Owned by the President and used in connexion with his official duties Malawi Coat of Arms3.Owned by Statutory Bodies . . SC

PART III

1.Owned by a diplomatic mission or a member thereof CD2.Owned by a consular representative CC PART IV

Trade number platesMT (proceeded by a unique number identifying the motor trade number holder) PART V

Temporary registration number

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TR ROAD TRAFFIC (APPEALS) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation and application

2. Interpretation

3. Appeals Secretary

4. Serial identification number

5. Size and format

6. Language

7. Commencement of appeal

8. Date of hearing

9. Contents of notice of appeal

10. Requests for persons to attend an appeal and notice of hearing

11. Contents and service of notice of hearing

12. Failure of a person to attend after service of notice of hearing

13. Failure of appellant or respondent to appear at hearing

14. Record of hearing

15. Adjournment

16. Appeal to be called on date of hearing

17. Procedure at hearing

18. Affidavits

19. Legal practitioners

20. Rules of evidence not to apply

21. Decisions

22. Fees

Schedule

ROAD TRAFFIC (APPEALS) REGULATIONS G.N.13/2000

1. Citation and application

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

(2) These Regulations shall apply in all appeals to the Minister under the Act and under any regulations made under the Act.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Appeals Secretary” means the person designated by the Minister as the Appeals Secretary; "party” means any appellant or respondent.

3. Appeals Secretary

(1) The Minister shall designate a person as Appeals Secretary. Notice of such designation shall be published in the Gazette.

(2) The Appeals Secretary shall keep a register of all appeals under the Act or under any regulations made thereunder.

(3) All documents required under these Regulations shall be filed with the Appeals Secretary at the location referred to in the Schedule.

4. Serial identification number

(1) Every appeal shall be given a serial number by the Appeals Secretary.

(2) All documents in an appeal and any correspondence relating thereto shall bear the serial number of that appeal on the first page of any such document or correspondence.

5. Size and format

Every document used in an appeal other than original documents produced for the inspection and consideration of the Minister shall, unless the nature of the document renders it impracticable, be written, typewritten or printed, or partly written, typewritten or printed on A4 size paper of good quality and shall have adequate margins.

6. Language

Except where the minister otherwise directs, every document shall, if not in the English language, be accompanied by a certified translation thereof and shall not otherwise be received, filed or used in any appeal.

7. Commencement of appeal

(1) An appeal shall be commenced by filing a preliminary notice of appeal with and paying the required fee to the Appeals Secretary within the prescribed period or in the absence of a prescribed period within thirty days of the decision against which the appeal is taken; and a preliminary notice of appeal shall contain the information required in a notice of appeal by regulation 9, save only that it shall have neither the serial number nor the date of hearing included therein.

(2) The Secretary shall complete the preliminary notice of appeal by entering both the appropriate serial number and, after consultation with the Minister as contemplated in regulation 8 if so required by the Minister, the date fixed for the hearing; and a preliminary notice of appeal, when so completed, shall then be a notice of appeal and shall be deemed to have been filed with the Appeals Secretary on the date on which he first received it.

(3) The Appeals Secretary shall return two copies of a notice of appeal to the appellant, who shall be responsible for serving one of those copies on the respondent

(4) Where any preliminary notice of appeal is incomplete or otherwise prima facie ineffective, it shall be immediately returned by the Appeals Secretary to the appellant:

Provided that where a returned notice is corrected by the appellant within seven days of the date of which it is returned, it shall be deemed for all purposes to have been filed effectively on the date of its first submission.

8. Date of hearing

(1) As soon as possible after an appeal has been entered in the appeals register, the Appeals Secretary shall apply to the Minister to fix the date of hearing if the Minister considers that a hearing is required.

(2) In fixing a date of hearing, the Minister shall bear in mind the necessity for service of the notice of appeal to be effected on the respondent not less than fourteen days before the date of hearing and of the places of residence of any persons required to give information of which the Minister is informed.

9. Contents of notice of appeal

(1) Every notice of appeal shall be prepared in triplicate and shall be signed and sworn to by the applicant before a magistrate or commissioner for oaths; and every notice of appeal shall be served on the respondent not less than fourteen days before the date of the hearing.

(2) Every notice of appeal shall state briefly and clearly the substance of the appellant's claim and shall specify the relief request.

10. Requests for persons to attend an appeal and notice of hearing

(1) If either the appellant or respondent wishes to request the attendance of any person to give information at the appeal he shall apply to the Appeals Secretary for a notice of hearing to be served on such person.

(2) Every such notice of hearing shall be served not less than seven days before the date of the hearing:

Provided that the Appeals Secretary may in any case where in his opinion seven days are not sufficient to permit the person notified to attend the hearing, require the notice of hearing to be served further in advance of the date of the hearing than the said seven days.

11. Contents and service of notice of hearing

(1) A notice of hearing served on any person shall contain the serial number of the appeal, the names of the parties thereto, a brief description of the information that is desired from the person on whom the notice of hearing is served and a list of all documents to be produced at the hearing by the person so served.

(2) Every notice of hearing issued under these Regulations shall require the person named in it to appear before the Minister on the date of hearing and shall if reasonably practicable be served personally on him by an authorized officer by delivering one copy to him.

(3) If the person named in the notice of hearing cannot be found after a reasonable search the notice of hearing may be served by delivering one copy to the husband or wife of the person named therein living with him or by leaving a copy with a person of suitable age and discretion at the place where the person named in the notice of hearing is employed.

(4) The person serving the notice of hearing shall write on the back of the other copy the place, date and time when he served it and the name of the person on whom it was served and such notice shall be signed by the person receiving such notice.

12. Failure of a person to attend after service of notice of hearing

(1) Where any person not being an authorized officer fails to attend a hearing after having been served with a notice of such hearing, the Minister may, if satisfied that there is reasonable cause for such failure to attend, consider an affidavit submitted by such person.

(2) Where any authorized officer fails to attend a hearing after having been served with a notice of such hearing the Minister may, if the request was initially made by any person other than the Director and shall, where the request was initially made by the Director, allow the appeal.

13. Failure of appellant or respondent to appear at hearing

Where either party without reasonable excuse—

(a) fails to attend before the Minister at the time and place fixed for the hearing;

(b) having attended, leaves without first having obtained the permission of the Minister; or

(c) fails to attend after an adjournment of any hearing after having been told to do so, the Minister may summarily dismiss or allow the appeal.

14. Record of hearing

In every hearing, the information shall be recorded in writing by the Appeals Secretary under the directions of the Minister.

15. Adjournment

(1) The Minister may from time to time adjourn the hearing of any appeal for a suitable period—

(a) if the appellant or respondent or any person essential to the hearing is absent or is otherwise unable or unfit to take part in the proceedings;

(b) if the hearing continues for more than one day;

(d) for any other sufficient reason to be recorded on the record of the appeal.

(2) Before adjourning any appeal the Minister shall inform all the parties and other persons present of the date to which the appeal is to be adjourned.

16. Appeal to be called on date of hearing

Every appeal shall be called for mention or hearing on the date fixed for the hearing and shall be either disposed of or adjourned.

17. Procedure at hearing

(1) The Minister may regulate the procedure at a hearing in such manner as seems to him just and proper.

(2) Without prejudice to subregulation (1), the Minister shall generally provide that the party required to satisfy him as to any proposition shall be called first to substantiate that proposition.

(3) Where a person has been called by a party to give information the other party shall have the right to question that person with regard to any matter arising out of or reasonably related to the information given.

(4) The Minister may, at any time, question any person or party.

18. Affidavits

(1) An affidavit to be used in any appeal may be sworn—

(a) if in Malawi, before any magistrate or commissioner for oaths; and

(b) in any other place, in such manner as may be prescribed in the Subordinate Court Rules.

(2) An affidavit shall—

(a) bear the serial number of the appeal in which it is sworn, shall be expressed in the first person and shall be drawn up in paragraphs numbered consecutively;

(b) state the full name or names of the deponent, his age, his description or occupation, his place of residence and, if any facts therein are deposed to otherwise than of his personal knowledge, the sources of his information; and

(c) be signed by the deponent, and the jural shall show the place and date of swearing and shall be signed by the person administering the oath who shall add the title of the office by virtue of which he acts.

(3) The Minister may in his discretion permit an affidavit to be used although not in proper form if otherwise satisfied that the deponent understood its contents and effect.

(4) Every exhibit to an affidavit shall be marked clearly by the person administering the oath, and the serial number of every appeal shall be included in any such marking.

(5) The Minister may in his discretion reject any affidavit which by reason of its form or content cannot be easily read and understood, or in which there is any interlineation, alteration or erasure or other defect of form.

(6) Any party desiring to contest the truth of facts deposed to in an affidavit may serve on the party who filed the same notice of intention to question the deponent and thereupon if the deponent is not produced for questioning the Minister shall, except in special circumstances, reject or disregard the affidavit; and the Minister may at any time require the attendance of any deponent for examination on his affidavit and, in default of such attendance, may reject or disregard the affidavit.

(7) Where any party intends to submit for the consideration of the Minister any affidavit or other document, such affidavit or other document and a copy of the notice required by subregulation

(8) shall be filed with the Appeals Secretary not less than seven days before the day on which the appeal is scheduled to be heard:

Provided that the Minister may waive this subregulation where he is satisfied that failure to comply with its provisions has not prejudiced the interests of any party to the appeal.

(8) The notice referred to in regulation (7) shall be a notice by the party filing the affidavit or other document to every other party to the appeal advising that an affidavit or other document is being filed and briefly describing it.

19. Legal practitioner

When a legal practitioner appears before the Minister on behalf of any party he shall appear robed.

20. Rules of evidence not to apply

The Minister in hearing an appeal—

(a) shall not be bound by the formal rules of evidence;

(b) may consider any information from any source that he deems necessary or relevant to come to his decision; and

21. Decisions

(1) Every decision on an appeal shall be in writing and signed by the Minister.

(2) A Signed copy of every decision shall be sent by registered post to every party to the appeal.

(3) The Minister may from time to time and for the benefit of the public cause his decision to be published in such manner as he shall deem fit.

22. Fees

(1) Fees shall be payable at the time a notice of appeal is filed with the Appeals Secretary, and the Appeals Secretary shall not accept the filing of any preliminary notice of appeal unless the fee for such appeal accompanies the notice of appeal.

(2) The fee to be paid to the Appeals Secretary on filing the preliminary notice of appeal shall be the fee specified in the Road Traffic (Miscellaneous Fees) Regulations,

SCHEDULE reg. 3

PLACE FOR FILING DOCUMENTS

It is notified that all documents required to be filed shall be lodged with—

The Appeals Secretary

Ministry of Transport and Public Works

Private Bag 322

Lilongwe 3.

ROAD TRAFFIC (CARRIAGE OF HAZARDOUS CARGO) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

PART I

PRELIMINARY

1. Short title and application

2. Interpretation

3. Precautions against fire, etc.

4. Escape of acid and motor spirit not to be followed

5. Attendant and no protrusion

6. Restrictions on trailers

7. Fuel tank to be kept secure

PART II

MOTOR SPIRIT

8. No smoking or carrying of matches, etc,

9. No fire, etc., and no explosive

10. Fire extinguishers to be carried

11. Fuel tank of vehicle not to be filled direct from cargo

PART III

TANKERS AND TANK TRUCKS

12. Construction and maintenance

13. Filling

14. Draw off

15. Dipping pipe

16. Attendant and precautions while filling and emptying

17. Space to be kept clear

18. Limit to trailer

19. Where motor spirit may be carried

PART IV

MOTOR SPIRIT LOADED ON VEHICLES OTHER THAN TANKERS AND TANK TRUCKS

20. Interpretation

21. Construction

22. Containers for motor spirit

PART V

ACID

23. How acid may be loaded or carried

PART VI

CARRIAGE OF EXPLOSIVES

24. Detonator not to be carried with other explosives

25. Fire precautions

26. Separate conveyance

27. Warning flag to be affixed

28. Metal portions of vehicle

29. Maximum load

30. No fire within 30 metres while loading or unloading

31. Engine to be stopped

32. Permit required for carriage on trailer

PART VII

GENERAL

33. Responsibilities of owner of vehicle

34. Offences

35. Exemption

36. Penalties

Schedule

ROAD TRAFFIC (CARRIAGE OF HAZARDOUS CARGO) REGULATIONS G.N. 14/2000

PART I

PRELIMINARY

1. Short title and application

(1) These Regulations may be cited as the Road Traffic (Carriage of Hazardous Cargo) Regulations.

(2) These Regulations shall apply to the carriage or conveyance of hazardous cargo in or on a vehicle on or along a public road and to the loading and unloading of hazardous cargo on or from a vehicle.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"acid” means concentrated sulphuric acid, concentrated hydrochloric acid and concentrated nitric acid;

"hazardous cargo” means—

(a) explosive;

(b) motor spirit;

(d) any gas which is—

(i) under pressure in cylinders and liable to explode if exposed to heat; or

(ii) poisonous,

carried in quantities greater than those reasonably required for ordinary domestic use or for the propulsion of the vehicle on which they are carried;

"explosive” means dynamic, nitro-glycerine, gun-cotton, gun-powder, detonators, cartridges, other ammunition and every other explosive substances;

"motor spirit” includes alcohol, benzene, benzoline, naphtha, gasoline, petrol, aviation spirit and mixture of those substances intended for use in an internal combustion engine but does not include solvent naphtha;

"tanker” means a motor vehicle constructed for the bulk carriage of motor spirit or a similar constructed trailer or semi-trailer;

"tank truck” means a goods vehicle fitted with a detachable container for the carriage of motor spirit in bulk and includes any similar trailer drawn thereby.

3. Precautions against fire, etc.

Every person engaged in the conveyance, loading and unloading of a hazardous cargo on to or from a vehicle shall observe every reasonable precaution necessary for preventing fire, explosion or other damage to persons or property.

4. Escape of acid and motor spirit not to be allowed

Every person engaged in the conveyance and the loading and unloading of acid or motor spirit from a goods vehicle shall ensure in so far as it is possible that no part of such cargo be allowed to escape into any sewer or drain.

5. Attendant and no protrusion

(1) Every vehicle upon which is loaded a hazardous cargo shall be constantly attended by the driver thereof or by some other competent person, being not less than 18 years of age, authorized in that behalf by the owner of such vehicle.

(2) Subregulation (1) shall apply to every tanker and tank truck used for the conveyance of motor spirit irrespective of whether such a cargo be actually loaded on such vehicle or not.

(3) Subregulation (1) shall not apply to any vehicle whilst it is kept in securely locked premises.

(4) No part of any load of hazardous cargo shall be allowed to project beyond the side or back of the vehicle on which it is carried.

(5) For the purpose of this Regulation—

(a) a person shall be regarded as being in attendance on the vehicle if he is in close proximity thereto;

(b) a trailer or semi-trailer whilst attached to a goods vehicle shall be regarded as forming a part of the vehicle to which it is attached.

6. Restrictions on trailers

A trailer or semi-trailer upon which is loaded a hazardous cargo, consisting of motor spirit or explosives, shall not be attached to any vehicle other than a goods vehicle used exclusively either for the conveyance of the same type of hazardous cargo or for drawing a trailer or semi-trailer upon which such cargo is loaded.

7. Fuel tank to be kept secure

The fuel tank of every goods vehicle upon which hazardous cargo is loaded or which is used for the purpose of drawing a trailer or semi-trailer upon which such a cargo is loaded, shall at all times be kept securely locked or sealed except at such time as such a tank is actually being filled or replenished.

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PART II

MOTOR SPIRIT

8. No smoking or carrying of matches, etc.

(1) No person traveling in or assisting in the loading or unloading of any vehicle conveying motor spirit shall smoke, etc., or carry any matches or cigarette lighters within a distance of 15 metres of such vehicle.

(2) There shall be prominently displayed in the cab of every vehicle used in the conveyance of motor spirit a notice sufficiently drawing the attention of the driver and any other person traveling in the vehicle to the dangers of the exposure of naked lights.

9. No fire, etc., and no explosive

No fire or artificial light capable of lighting motor spirit or any vapours thereby given off shall be ignited on any vehicle on which motor espirit is loaded, and no explosive or article capable of causing fire or explosion shall be carried on any such vehicle.

10. Fire-extingiushers to be carried

(1) Every vehicle used regularly or occasionally for the carriage of hazardous cargo shall be equipped with two fire-extinguishers.

(2) Each fire-extinguisher shall be of a size and type approved by the Director as suitable for the hazardous cargo carried and shall be maintained in proper order and condition and carried in a bracket or other suitable holder in a position on the vehicle as approved by the Director so as to be readily available for use at any time.

11. Fuel tank of vehicle not to be filled direct from cargo

The fuel tank of a motor vehicle shall not be filled or replenished with motor spirit direct from a vehicle conveying motor spirit as a cargo.

PART III

TANKERS AND TANK TRUCKS

12. Construction and maintainance

Every tanker and tank truck upon which is loaded motor spirit as a cargo shall comply with Parts I and II of the Schedule and, together with every connexion and fitting affixed thereto, be maintained in a serviceable condition.

13. Filling

(1) The filling pipe of every tanker and tank truck the carrying tank of which is designed to be filled through such pipe, shall at all times except when such tank is actually being filled, be kept securely closed so as to prevent leakage and, unless the filling pipe is provided with either a liquid seal or a device to form an efficient flame trap of a design approved by the Director, the filling pipe cover shall be kept closed and sealed.

(2) The cap of the filling opening on every tank truck or tank trailer, the carrying tank of which is designed to be filled through an opening in a manhole and without a filling pipe shall, at all times, except when the tank is actually being filled, be kept securely closed so as to prevent leakage and shall be sealed.

14. Draw-off

Where the draw-off taps fitted to the carrying tank of any tanker or tank truck are enclosed in a box, such box shall, at all times, except when cargo is being extracted from the tank, be kept closed and locked or sealed, and where a draw-off tap is not so enclosed, it shall at all times, except when motor spirit is being extracted through it, be kept closed and locked or sealed.

15. Dipping pipe

The dipping pipe of every tanker and tank truck shall at all times be kept securely closed except—

(a) when the carrying tank is being filled or emptied; and

(b) for the purpose of testing, on premises licensed under the Petroleum Act, the petroleum spirit contained in such tank by a person specially authorized in that behalf by the owner of the tanker or tank truck. Cap. 50:03

16. Attendant and precautions while filling and emptying

Whilst the carrying tank of a tanker or tank truck is being filled or emptied it shall be constantly attended by the driver or by some other competent person of not less than 18 years of age authorized in that behalf by the owner thereof, and the person so attending shall ensure that the following precautions are observed, that is to say—

(a) the engine shall be stopped the whole time that the operation of filling or emptying the carrying tank, and any storage tank into which the cargo is being delivered or from which it is being taken shall have been securely closed:

Provided that this paragraph shall not apply to any tanker or tank truck the motive power of which is supplied by diesel fuel where the engine is used for the purpose of operating pumps for the purpose of loading or unloading its carrying tank;

(b) adequate provision shall be made to prevent the accumulation of a dangerous static charge of electricity and, except where motor spirit is loaded by means of a loading arm which, together with a flexible hose connected thereto is electrically continuous, connected to the vehicle by screwing and effectively connected electrically to earth, the loading arm and the vehicle shall be earthed independently; and

(c) motor spirit shall be delivered to or from the vehicle only through metal piping or sound and suitable hose, and in the case of a vehicle being loaded with motor spirit through a filling opening in a manhole and without a filling pipe, the drop pipe of the loading arm shall be so placed as to reach as nearly as is practicable to the bottom of the carrying tank without touching any part of such tank.

17. Space to be kept clear

No equipment or other article other than fire-extinguishing equipment, shall be placed in the space required by paragraph 6 of the Schedule to be between the carrying tank of a tanker and the rear of the driver's cab.

18. Limit to trailer

No trailer of a capacity exceeding 9,000 litres shall be attached to a tanker:

Provided that nothing in this regulation contained shall apply to a flat trailer used for the carriage of packed goods, oil and petroleum products having a flash point of more than 24 degrees Celsius.

19. Where motor spirit may be carried

No motor spirit shall be carried on any tanker or tank spirit wagon except in the fuel tank or carrying tank of the vehicle.

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PART IV

MOTOR SPIRIT LOADED ON VEHICLES OTHER THAN TANKERS AND TANK TRUCKS

20. Interpretation

In this Part the expression "goods vehicle” does not include a tanker or a tank truck.

21. Construction

(1) Subject to this regulation a goods vehicle upon which is loaded motor spirit as a cargo shall comply with Part I of the Schedule and the sides and back thereof shall be of strong construction and maintained in good condition.

(2) If a goods vehicle breaks down whilst it is conveying motor spirit and a goods vehicle complying with subregulation (1) is not available within a reasonable time for the purpose of taking the cargo to its destination a goods vehicle may be used for that purpose notwithstanding that it does not comply with paragraph 1 of the Schedule.

(3) A goods vehicle may be used for the conveyance of motor spirit as a cargo notwithstanding that the vehicle does not comply with paragraph 1 or 2 of the Schedule if the cargo conveyed consists of not more than 4,500 litres and the following provisions are complied with—

(a) if any part of the load projects above the level of the back or sides of the vehicle, the load shall be securely fastened to the vehicle and every vessel containing motor spirit of a capacity of five litres or less shall be packed in outer packages or crates; and

(b) the vehicle shall proceed from the start of its journey to destination without delay except for such periods of rest as may from time to time be required by law in respect of the driver.

22. Containers for motor spirit

(1) No motor spirit shall be loaded on to or conveyed by a goods vehicle as a cargo unless it is contained in a vessel which is so closed as to prevent leakage through the opening and which is of metal and is in good condition and does not exceed 4,500 litres in capacity.

(2) No vessel other than the fuel tank of the goods vehicle shall be filled or replenished with motor spirit and no motor spirit shall be extracted from any vessel loaded on a goods vehicle during conveyance.

(3) Every empty vessel which shall have contained motor spirit shall be securely closed whilst being conveyed on a goods vehicle.

PART V

ACID

23. How acid may be loaded or carried

(1) No acid shall be loaded on to or carried or conveyed by a goods vehicle unless it is contained in a vessel which is so closed as to prevent leakage and which is of glass, earthware or other material of such nature that it will not permit leakage and is otherwise suitable for the purpose, and, in such a case, each vessel shall—

(a) contain not more than twenty-five litres of acid; and

(b) be placed in sawdust, wood chippings or other suitable material, in such quality as to prevent movement or breakage, inside an outer container or metal, wood fibre or cardboard which is capable of withstanding the ordinary risks of handling and transport and is securely closed during conveyance.

(2) Any outer container in which any vessel containing acid is packed shall contain in the aggregate not more than twenty-five litres of acid.

PART VI

CARRIAGE OF EXPLOSIVES

24. Detonators not to be carried with other explosives

(1) No person shall convey or allow any subordinate to convey detonators in the same vehicle with other explosives:

Provided that this regulation shall not apply to the conveyance of detonators in the same vehicle with other explosives if the total number of detonators does not exceed 2,000 in all and the following conditions as to packing are complied with—

(a) the detonators shall be packed in inner packages with sawdust and felt in a strong case which shall be packed in a strong case with sawdust, straw or other similar material and so secured that a distance of not less than 25 millimetres is maintained between the outside of the inner case and the inside of the outer case:

Provided that if the detonators do not exceed 1,000 in number such distance may be not less than 13 millimetres.

(2) For the purposes of this regulation, the expression "explosive” shall not include any safety fuse, igniter cord or fuse igniter.

25. Fire precautions

(1) Explosives conveyed by road shall be completely covered with a tarpaulin or other suitable protective material securely roped or shall be placed in the interior of a vehicle which is enclosed on all sides with wood or metal, so as effectively to protect the explosives from accident by fire or from displacement while the vehicle is in motion.

(2) The provisions of regulation 10 relating to fire-extinguishers shall apply to a vehicle carrying explosives.

26. Separate conveyance

No explosive shall be conveyed on any public service vehicle or on the same vehicle with mails or any other goods except with the written permission of the Director.

27. Warning flag to be affixed

Every vehicle used for the transport of explosives shall have flag affixed to it at each side, so as to be distinctly visible from the front and rear, a red flag at least 455 millimetres square.

28. Metal portions of vehicle

All iron and steel portions of a vehicle which are liable to come in contact with the packages of explosives shall be covered with wood, leather, cloth or other suitable material.

29. Maximum load

In no case may a vehicle carry explosives which exceed nine tones in gross weight inclusive of packing material.

30. No fire within 30 metres while loading or unloading

No person shall load or unload explosives or cause or permit them to be loaded or unloaded within 30 metres of a fire, naked light or flame, nor shall any person light a fire or bring a naked light or flame within that distance of a vehicle which is loaded with explosives or from which explosives are being unloaded.

31. Engine to be stopped

No vehicle carrying explosives shall be loaded or unloaded while its engine is running.

32. Permit required for carriage on trailer

No person shall without the permission in writing of the Director carry or cause or permit to be carried any explosives on a trailer.

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PART VII

GENERAL

33. Responsibilities of owner of vehicle

The owner of the goods vehicle used for the purpose of conveying any hazardous cargo who employs any person in such conveyance shall furnish a copy of these Regulations to or affix a copy thereof in some place where it can be conveniently read by that person, and shall take all other measures to ensure that that person is acquainted with and carries out these Regulations.

34. Offences

(1) No person shall—

(a) contravene any of the provisions of these Regulations;

(b) for the purpose of the carriage of any hazardous cargo, drive or operate a vehicle which does not comply with any of the provisions of these Regulations; or

(2) The owner and the operator of a vehicle which is used for the conveyance of any hazardous cargo shall ensure that these Regulations are complied with and if any failure in complying with these Regulations shall occur both the owner and the operator of the vehicle in relation to which the failure occurs shall be guilty of an offence unless he satisfies the court that he took all reasonable and proper steps to ensure compliance.

(3) In this regulation the word "operator” used in relation to a vehicle includes the holder of any permit relating to such vehicle and every person who takes part in the organization of or receives any pecuniary benefit from the carriage of the cargo.

35. Exemption

(1) Nothing in these Regulations contained shall apply to any vehicle used by the Defence Force of Malawi.

(2) 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 may grant exemptions in writing either generally or particularly from any of the provisions of these Regulations.

(3) An application for exemption from these Regulations shall be made to the Director in writing and shall state—

(a) the full name and address of the applicant;

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

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

(4) Any written exemption provided for in this regulation shall at all times be carried on the vehicle concerned and shall be produced for inspection on demand being made by the Director or any authorized officer.

36. Penalties

Any person guilty of an offence against these Regulations shall be liable to a fine of K15,000 and to imprisonment for three years.

SCHEDULE regs. 12, 17 and 21

CONSTRUCTION OF VEHICLES

PART I

GENERAL

1. In the case of a motor vehicle—

(a) the engine shall be of an internal combustion type;

(b) a quick action cut-off valve shall be fitted to the fuel feed pipe in clearly marked position:

Provided that subparagraph (b) shall not apply to a vehicle in which incorporated in the fuel feed system and the fuel feed pump is driven directly vehicle or electrically with a cut-off switch, if the ignition switch or, as the case may be, the cut-off switch is in an easily accessible and clearly marked position;

(c) in any case where the fuel used to propel a vehicle gives off an inflammable vapour at a temperature of less than 150°F (66°C) the fuel tank shall not be behind the back of the cab unless the following requirements are complied with, that is to say—

(i) the fuel tank is protected from blows by stout steel guards or by the frame ofthe vehicle;

(ii) the cover of the filling hole of the fuel tank is provided with a lock; and

(iii) the fuel feed apparatus placed in front of the cab is used to lift the contents of the fuel tank;

(d) the exhaust silencer and outlet pipe shall be in front of the engine.

2. The following requirements shall be complied with in connexion with the lighting of any vehicle, that is to say that—

(a) the voltage shall not exceed 24 volts;

(b) the circuit shall be heavily insulated and be independent of the chassis;

(d) the battery shall be in an easily accessible position; and

(e) means of cutting off the current close to the battery by a double pole switch or other suitable method shall be provided in an easily accessible position.

3. A trailer with only one axle shall not carry a load in excess of 2,300 litres.

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PART II

TANKERS AND TANK TRUCKS

4. The body of the vehicle and its fittings and the carrying tank shall be constructed strongly of fire resisting materials.

5. —The capacity of a tanker shall not exceed 6,800 litres unless—

(a) in the case of an articulated vehicle the load unit and the tractor unit are constructed in accordance with a design approved by the Director as being suitable, when the said two units are used together for the conveyance of quantities of motor spirit exceeding 6,800 litres; and

(b) in the case of any other tanker, the vehicle is constructed in accordance with the design approved by the Director as suitable for the conveyance of the said quantities of motor spirit.

(2) The capacity of a tank truck shall not exceed 9,100 litres.

6. —(1) In the case of a tanker there shall be a space of not less than 150 millimetres between the carrying tank and the rear of the driver's cab which shall be kept clear except for fire-extinguishers equipment and any part of the farm work or valances used to screen the sides of the carrying tank.

(2) Where any such valances are used as aforesaid, their ends shall be insulated from the cab by a layer of heat resisting material and the valances shall not be so constructed that, by reason of their being turned inwards, the aforesaid space is enclosed at the top or bottom.

7. —(1) The carrying tank shall either be a component part of the form of the vehicle or be securely attached thereto.

(2) A carrying tank of more than 3,600 litres capacity shall be divided into self-contained compartments none of which shall be of more than 3,600 litres capacity.

8. —(1) In the case of a vehicle provided with filling pipes either—

(a) each filling pipe shall—

(i) be carried down as nearly as possible to the bottom of the carrying tank and terminated so as to provide at all times a liquid seal at the bottom of the pipe which shall be of a depth, while the vehicle is on level ground, of not less than 125 millimetres; or

(ii) be fitted with a device forming an efficient flame trap of a design approved by the Director; or

(b) the covers over the filling pipes shall be provided with locks or seals.

(2) In the case of such a vehicle as aforesaid, any opening in the barrel of the filling pipes other than the orifices at the top or bottom thereof shall be constructed in such a manner as to form an efficient flame trap and shall be covered with a fine wire gauze of not less than twenty-eight noshes per 25 millimetres.

9. In the case of a vehicle designed to be filled through a filling opening in a manhole without the use of filling pipes—

(a) the cover of the manhole shall be of a design approved by the Director and shall be securely attached to the tank and if eye-bolts are used for this purpose there shall be not less than six fitted with self-locking nuts; and

(b) between the cover of the manhole and the body of the carrying tank, if it is not welded thereto, and between the cap of the filling opening and the said cover there shall be a gasket of such material and so designed as effectively to prevent the escape of motor spirit.

10. —(1) Every dipping pipe shall reach as nearly as is practicable to the bottom of the carrying tank, and any opening in a dipping pipe, other than the upper orifice thereof, shall be constructed in such a manner as to form an efficient flame trap and shall be covered with a fine wire gauze of not less than 28 meshes per 25 millimetres.

(2) In the case of a vehicle the carrying tank of which is designed to be filled through a filling opening in a manhole without the use of filling pipes any dipping pipes shall be separate from and outside of, the cover over the filling opening.

11. Ventilation openings if separate from the dipping pipe, shall be constructed in such a manner as to form an efficient flame trap and shall be covered with fine wire gauze of not less than twenty-eight meshes per 25 millimetres and shall be 25 millimetres and shall be protected by covers when not in use.

12. —(1) Draw-off pipes shall be fitted with strong and secure taps, screwcaps and internal valves.

(2) Draw-off taps situated at the side of a vehicle shall be either—

(a) enclosed in a strong box of hard wood or other suitable durable material and shall be provided with a lock or seal; or

(b) provided with locks or seals and protected against blows by a stout steel guard or by the frame of the vehicle.

(3) Draw-off taps situated at the rear of a vehicle shall be protected against blows by the rear cross member of the frame of the vehicle and shall be either enclosed in such a box as aforesaid or be provided with locks or seals.

13. The lower part of the rear of a carrying tank shall be protected against blows by stout steel guards or by the frame of the vehicle.

ROAD TRAFFIC (CERTIFICATE OF FITNESS) REGULATIONS G.N.15/2000

PART I

PRELIMINARY

1. Citation

These Regulations may be cited as the Road Traffic (Certificate of Fitness) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"Inspectorate of Motor Vehicle Inspection Stations” means the Inspectorate of Motor Vehicle Inspection Stations referred to in regulation 5;

"Motor Vehicle Inspector” means a motor vehicle inspector certified under regulation 32;

"Manual of Motor Vehicle Inspection Standards” means the Manual of Motor Vehicle Inspection Standards provided to a motor vehicle inspection station and motor vehicle inspector by the Inspectorate of Motor Vehicle Inspection Stations.

PART II

FORMS

3. Forms

The forms set forth in the Schedule shall be used in all cases to which they are respectively applicable in carrying out the Act and these Regulations, subject to such variations as may be necessary.

4. Particulars in applications, etc.

The particulars to be entered on or contained in any application, permit and certificate 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 and certificate as approved by the Minister.

PART III

MOTOR VEHICLE INSPECTION STATIONS AND CERTIFICATES OF FITNESS

5. Appointment of inspectorate of motor vehicle inspection stations

The Minister hereby appoints the Road Traffic Department as the Inspectorate of Motor Vehicle Inspection Stations.

6. Powers and duties of the inspectorate of motor vehicle inspection stations

(1) The inspectorate of motor vehicle inspection stations—

(a) shall, under regulation 10, evaluate all applicants for registration as a motor vehicle inspection station in accordance with the requirements referred to in regulation 8, and recommend to the Director—

(i) the suitability of any applicant for registration as a motor vehicle inspection station; and the classification of such applicant as a motor vehicle inspection station;

(b) shall, in respect of every motor vehicle inspection station, conduct at least one inspection per year to monitor the standards applied at every motor vehicle inspection station;

(c) may advise any motor vehicle inspection station on the improvement and maintenance of motor vehicle inspection station facilities and procedures;

(d) shall, when necessary, recommend to the Director the suspension or cancellation of the registration of a motor vehicle inspection station; and

(e) shall, under regulation 32, evaluate all applicants for certification as a motor vehicle inspector in accordance with regulation 30 and recommend to the Director—

(i) the suitability of any applicant for certification as a motor vehicle inspector; and

(ii) the classification of such applicant as a motor vehicle inspector.

(2) A person employed by, or who acts on behalf of, the inspectorate of motor vehicle inspection stations, may at any reasonable time, having regard to the provisions of regulation 8—

(a) inspect, examine or test any motor vehicle; and

(b) without prior notice—

(i) enter the premises of any motor vehicle inspection station;

(ii) inspect any records of the motor vehicle inspection station referred to in subparagraph (i); and

(iii) question any person with regard to any matter relating to the operation of the motor vehicle inspection station referred to in subparagraph (i).

7. Fee to defray administrative expenses of the inspectorate of motor vehicle inspection stations

(1) A motor vehicle inspection station referred to in regulation 11 (6) (a) shall pay to the inspectorate of motor vehicle inspection stations a fee for every examination and test carried out for a certificate of fitness in terms of the Act by such motor vehicle inspection station.

(2) The fee collected under subregulation (1) shall be retained at such motor vehicle inspection station and paid to the inspectorate of motor vehicle inspection stations on 1 July and 1 January of each year in respect of the examinations and tests performed during the preceding six months.

8. Requirements for the registration of a motor vehicle inspection station

The requirements to be met to register a motor vehicle inspection station, are—

(a) the management and all personnel who will be associated with and carry out motor vehicle inspections, at each business establishment, must be of good reputation;

(b) the character, attitude, knowledge of safety inspection requirements, mechanical ability and experience of each individual who will perform or supervise safety inspections must be satisfactory;

(c) the applicant and all staff supervising or performing motor vehicle inspections shall be certified under regulation 32 and be familiar with and agree to comply with all rules and regulations of the Inspectorate of Motor Vehicle Inspection Stations;

(d) the business establishment must be financially stable and its future existence should not be dependent upon appointment as a motor vehicle inspection station;

(e) regular mechanical work must have been performed at the applicant's premises for at least two years prior to application:

Provided that this stipulation will not apply to—

(i) a change in location of a previously appointed applicant or a change in ownership which will not affect the routine motor vehicle inspections carried out by the motor vehicle inspection station;

(ii) a repair garage which is an established business and is expanding its mechanical convenience to the general public by the addition of other repair locations; or

(iii) a business licensed as a franchised dealer on new vehicles;

(f) one inspection lane, meeting approved requirements, must be available for motor vehicle inspections at all times during a normal business day;

(g) each premises, to be approved, shall meet the standards concerning facilities and equipment set forth by the Director relative to one of the classifications for motor vehicle inspection stations as referred to in regulation 11;

(h) each premises shall have at least one full time certified motor vehicle inspector who must be available to perform motor vehicle inspections and repair work relative to motor vehicle inspections during each normal business day;

(i) every motor vehicle presented for inspection must be examined and tested by a certified motor vehicle inspector in strict compliance with the statutory requirements of the Act and the Manual of Motor Vehicle Inspection Standards.

9. Application for registration of motor vehicle inspection station

(1) An application in terms of section 63 of the Act shall be made on Form MVI. 100 set out in the Schedule and a management representative shall be identified in respect of the motor vehicle inspection station concerned.

(2) An application as referred to in subregulation (1) shall be accompanied by—

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

(b) a certified copy of the applicant's business licence; and

10. Registration of motor vehicle inspection station

(1) The Director upon receipt of an application made under regulation 9 to—

(a) register as a motor vehicle inspection station, shall submit such application; or

(b) renew the registration of a motor vehicle inspection station, may submit such application, to the Malawi Police Service for a report as to whether any conviction has been recorded against the applicant, owners, stockholders 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.

(2) 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 (1).

(3) If the Director, having regard to the report referred to in subregulation (1) 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.

(4) Where the Director does not refuse the application under subregulation (3), the Director shall cause the applicant and his proposed premises for the motor vehicle inspection station to be examined by the Inspectorate of Motor Vehicle Inspection Stations, in order to obtain a report on the competence of the applicant to act as a motor vehicle inspection station and a recommendation of the appropriate class thereof under regulation 11:

Provided that if the applicant applies to renew a registration for a motor vehicle inspection station, the Director may dispense with such examination and report.

(5) The Director, with due regard to the evaluation and recommendations of the inspectorate of motor vehicle inspection stations, shall satisfy himself—

(a) that the applicant concerned complied with the requirements referred to in regulation 8; and

(b) that the registration of the applicant concerned has not been cancelled permanently or suspended for a reason that still pertains.

(6) If the Director is satisfied as to the suitability of the applicant under subregulation (5), he shall—

(a) register and, under regulation 11, classify such applicant as a motor vehicle inspection station;

(b) record the particulars of such motor vehicle inspection station on the register of motor vehicle inspection stations;

(c) issue a certificate of registration in Form MVI. 200 set but in the Schedule to such motor vehicle inspection station; and

(d) provide as many certificate of fitness forms as requested by a motor vehicle inspection station.

(7) If the Director is not satisfied as to the suitability of the applicant under subregulation (5), he shall refuse to register such applicant and notify the applicant accordingly.

(8) A certificate of registration issued under subregulation (6) shall be displayed in a conspicuous place where members of the public who make use of the motor vehicle inspection station can see such certificate.

(9) The management representative identified under regulation 10 shall, upon the change of any of the particulars submitted under that regulation notify the Director of such change within 14 days after such change on Form MVI. 100 set out in the Schedule.

(10) The Director shall, upon receipt of a notification referred to in subregulation (9), update the register of motor vehicle inspection stations accordingly.

(11) A certificate of registration issued under subregulation (6) shall be valid for 24 months from the date of issue subject to suspension or cancellation by the Director under regulation 12.

11. Classification of motor vehicle inspection station

The Director shall, with due regard to the evaluation and recommendations of the inspectorate of motor vehicle inspection stations and if he is satisfied that the appropriate requirements have been met, classify a motor vehicle inspection station in one or more of the following classifications of motor vehicle inspection stations—

(a) class A which shall be authorized to examine and test any class of motor vehicle;

(b) class B which shall be authorized to examine and test any motor vehicle with a gross vehicle mass greater than or equal to 3,500 kilograms, except motorcycles, motor tricycles and motor quadrucycles;

(c) class C which shall be authorized to examine and test any motor vehicle with a gross vehicle mass less than 3,500 kilograms, except motorcycle, motor tricycles and motor quadrucycles;

(d) class D which shall be authorized to examine and test any motorcycle, motorcycle with sidecar, motor tricycle and motor quadrucycle with a tare not exceeding 550 kilograms; or

(e) class E which shall be authorized to examine and test any semi-trailer or trailer with a gross vehicle mass greater than or equal to 3,500 kilograms:

Provided that any motor vehicle inspection station may be restricted by the Director to examine and test only—

(i) vehicles owned and operated by certain persons;

(ii) vehicles of certain makes;

(iii) vehicles of certain models;

(iv) vehicles of certain classes; or

(v) vehicles with certain dimensions.

12. Manner of suspension or cancellation of registration of a motor vehicle inspection station

(1) The Director shall, in considering the suspension or cancellation of the registration of a motor vehicle inspection station—

(a) notify the management representative identified under regulation 9, of the failure of such motor vehicle inspection station to comply with the requirements of regulation 8; and

(b) demand from such management representative to indicate in writing—

(i) the reason for such failure; and

(ii) the details of the measures that have been taken to rectify and prevent such failure.

(2) If the Director is not satisfied with the reason or measures referred to in subregulation (1) (b), he may—

(a) suspend; or

(b) cancel, the registration of such motor vehicle inspection station.

(3) If the Director suspends or cancels the registration of a motor vehicle inspection station, he shall—

(a) notify such motor vehicle inspection station of such suspension or cancellation and the reason therefor and, in the case of suspension, the period thereof; and

(b) give notice in the Gazette of the suspension or cancellation referred to in paragraph (a).

(4) The management representative of a motor vehicle inspection station, the registration of which has been suspended or cancelled, shall within 14 days after having been notified of such suspension or cancellation, submit to the Director—

(a) the certificate of registration referred to in regulation 11 (6) (c) issued in respect of such motor vehicle inspection station;

(b) any blank certificates of fitness, held but not issued by such motor vehicle inspection station; and

(5) Subject to regulation 13, any cancellation of registration as a motor vehicle inspection station shall be permanent.

13. Appeal to the Minister

(1) Any person or organization who is aggrieved at the refusal of the Director to register and classify him or it as a motor vehicle inspection station or at the suspension or cancellation of the registration of a motor vehicle inspection station may, within 21 days of any 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.

(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 under subregulation (1), the Minister may require any party to such an 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.

14. Certificate of fitness required in respect of motor vehicles

(1) Except as otherwise provided for in subregulation (2) or regulation 28, no person shall operate on a public road—

(a) a goods vehicle, the gross vehicle mass of which exceeds 3,500 kilograms;

(b) a breakdown vehicle;

(i) the gross vehicle mass of which exceeds 3,500 kilograms; or

(ii) which is designed or adapted for the conveyance of ten or more persons including the driver;

(d) any other motor vehicle used for the conveyance of persons for reward or for the teaching of driving motor vehicles for gain; or

(e) any other motor vehicle, unless there is in force in respect of such vehicle a certificate of fitness and except in accordance with the terms and conditions of such certificate.

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

(a) which is self-propelled and is a water boring machine, threshing machine, harvester, harrow, mower, baler, scraper, leveler, spraying machine, crane, plough or similar vehicles;

(b) which is not designed principally for the conveyance of goods or persons or both on a public road and which incorporates permanently machinery for the purposes of—

(i) road-making;

(ii) road-sweeping;

(iii) earthmoving;

(iv) excavation;

(v) pipe-laying;

(vi) construction;

(vii) water-boring;

(viii) loading;

(ix) lifting;

(x) internal handling;

(xi) drilling; or

(xii) any like purpose determined by the Director;

(c) which is commonly known as a racing car or a racing motorcycle, which is used solely for racing purposes and which is not operated on a public road;

(d) which is designed or adapted solely or principally for fighting fires and which is registered as a fire-fighting vehicle;

(e) which may only be operated on a public road under an exemption under the Act;

(f) which is operated under the authority of a motor trade number or a temporary or a special permit; or

(g) which is owned or allocated for use by the Defence Force of Malawi.

(3) Any document issued by a competent authority in a prescribed territory and serving a similar purpose to that of a certificate of fitness shall, in accordance with the terms and conditions thereof, but subject to the provisions of these Regulations, be deemed to be a certificate of fitness for the purpose of subregulation (1). (3) No person shall operate on a public road a motor vehicle which is not in a roadworthy condition.

15. Inspection of motor vehicle for certificate of fitness

A person who desires to obtain a certificate of fitness for a motor vehicle shall present such vehicle during normal working hours to any appropriately classified motor vehicle inspection station, for an examination and test as referred to in regulation 16 and such motor vehicle shall be accompanied by the registration certificate of the motor vehicle concerned.

16. Examination of motor vehicle

(1) The inspection procedure under these Regulations shall be done—

(a) around the vehicle;

(b) in the cab or driver's compartment;

(d) for wheel alignment and braking, dimensions, lighting and safety design.

(2) Inspection of vehicles under these Regulations shall be carried out in facilities and with the use of appropriate equipment approved by the Director.

(3) The vehicle shall be presented for inspection in a clean state allowing clear examination of all the parts to be inspected, and failure to comply with this requirement may result in the rejection of the vehicle.

(4) The motor vehicle inspector shall satisfy himself that the vehicle presented to him for examination is the vehicle described in the accompanying registration certificate.

(5) Subject to these Regulations, every motor vehicle to which these Regulations apply submitted for inspection in accordance with these Regulations, shall be inspected for the purpose of ascertaining whether the prescribed statutory requirements are at the date of the inspection complied with in relation to that vehicle as contained in the Manual of Motor Vehicle Inspection Standards and the motor vehicle inspector shall record his findings on an inspection record.

(6) The items that are to be recorded on the inspection record by the motor vehicle inspector are given on the prescribed form and where the vehicle does not comply with the relevant provisions such motor vehicle inspector shall state on the rejection notice which items require attention.

(7) For the purposes of this regulation "inspection” shall not include repairs and adjustments.

(8) Repairs and adjustments refer to those repairs and adjustments which are necessary to being the motor vehicle into conformity with the provisions of the Act and such repairs and adjustments may be undertaken by either a motor vehicle inspection station or by any other means suitable to the owner or operator of the motor vehicle concerned.

(9) Where the repairs and adjustments referred to in subregulation (8) are made by any means other than the motor vehicle inspection station conducting the inspection, the motor vehicle concerned shall be subjected to reinspection by a motor vehicle inspection station.

17. Issue of certificate of fitness

(1) If the motor vehicle inspector, after the examination and testing of the motor vehicle concerned—

(a) is satisfied that such vehicle complies with all statutory requirements and is further satisfied in respect of such other matters as may be required for the purpose of the certificate of fitness, upon payment to the motor vehicle inspection station of the appropriate fee for the inspection undertaken, if any, is required, he shall—

(i) issue a certificate of fitness in such form as may be prescribed;

(ii) affix such certificate to the vehicle concerned in the manner referred to in regulation 20; and

(iii) hand to the owner or person presenting the vehicle for inspection a copy of the inspection record; or

(b) is not so satisfied, he shall—

(i) issue a rejection notice in such form as may be prescribed;

(ii) affix such notice to the motor vehicle concerned in the prescribed manner; and

(iii) hand to the owner or person presenting the vehicle for inspection a copy of the rejection notice.

(2) Upon issue of a rejection notice the motor vehicle inspection station shall notify the owner or person presenting the motor vehicle for inspection that—

(a) the validity of the rejection notice is thirty days and any reinspection of the motor vehicle concerned must be performed within such period of validity;

(b) any defects specified on the rejection notice shall be corrected before using the motor vehicle concerned on a public road; and

(c) any operation of the motor vehicle concerned whilst it is displaying a rejection notice is at the owner's or operator's risk.

(3) Any motor vehicle, for which a rejection notice was issued, which is presented for inspection within the period of validity of such rejection notice to the motor vehicle inspection station which issued the rejection notice for the motor vehicle concerned shall, upon payment of the appropriate reinspection fee be reinspected and—

(a) if a motor vehicle inspector is thereafter so satisfied, he shall act under subregulation (1)(a); or

(b) if a motor vehicle inspector is thereafter not so satisfied, he shall—

(i) not issue a certificate of fitness; and

(ii) not remove the existing rejection notice from the motor vehicle concerned.

(4) A rejection notice shall not be issued to any motor vehicle presented for inspection—

(a) already bearing such notice; or

(b) which does not bear a valid or expired certificate of fitness unless such motor vehicle is being presented for inspection for the first time under regulation 30.

(5) Notwithstanding the provisions of subregulation (1), a motor vehicle inspector authorized thereto in writing by the Director may, at any time before the motor vehicle which is being or has been examined and tested under that subregulation is issued a certificate of fitness, examine or re-examine that motor vehicle, and for that purpose—

(a) he shall be deemed to be the motor vehicle inspector contemplated in subregulation (1); and

(b) any prior action taken in respect of that motor vehicle under subregulation (1), including the issue of a certificate of fitness shall be of no force and effect.

(6) No person shall willfully or negligently issue or authorize the issue of a certificate of fitness which is materially incorrect.

(7) No person shall remove or replace the components of a vehicle in respect of which a certificate of fitness was issued, except in the normal course of maintenance or use of such vehicle.

18. Period of validity of certificate of fitness

A certificate of fitness in respect of a motor vehicle shall be valid from the date of coming into force of such certificate—

(a) for six months in the case of any motor vehicle conveying persons for reward or used for the teaching of driving motor vehicles for gain; and

(b) for twelve months in the case of all other motor vehicles.

19. No person shall hold more than one certificate of fitness in respect of any particular motor vehicle

No person shall hold more than one certificate of fitness in respect of any particular motor vehicle where the periods of one validity of such certificates coincide or overlap.

20. Certificate of fitness to be affixed to motor vehicle

(1) Subject to the provisions of subregulations (2) and (3), no person shall operate on a public road a motor vehicle referred to in regulation 14 (1)—

(a) unless a certificate of fitness is affixed thereto in the manner referred to in subregulation (5); or

(b) if a certificate of fitness—

(i) the period of validity of which has expired; or

(ii) which does not relate to such motor vehicle, is affixed thereto.

(2) A certificate of fitness issued by a competent authority in any prescribed territory serving a similar purpose to that of a certificate of fitness shall, for the purpose of subregulation (1), be deemed to be a certificate of fitness.

(3) Where a document serving a similar purpose to that of a certificate of fitness has been issued by a competent authority in any prescribed territory in respect of a motor vehicle referred to in regulation 14 (1), but a certificate serving similar purpose to that of a certificate of fitness is not required to be affixed to such vehicle under a law of the territory concerned, the provisions of subregulation (1) (a) shall not apply to such vehicle during the period of validity of such document.

(4) A document contemplated in subregulation (3) shall, during the period of validity thereof, at all times be in or on the vehicle concerned while the vehicle is operated on a public road.

(5) The certificates of fitness issued in respect of a motor vehicle referred to in regulation 14 (1) shall—

(a) if such vehicle is fitted with a transparent windscreen, be so affixed in an upright position on the inside lower left of the windscreen such that the particulars on the certificate of fitness are clearly legible to a person standing in front or to the left front of such vehicle; of

(b) if such vehicle is not fitted with a transparent windscreen, be so affixed in a conspicuous place on the left side of such vehicle such that the particulars on the certificate of fitness are clearly legible to a person standing on that side.

(6) If a certificate of fitness is affixed to a motor vehicle in a position where it is exposed to the weather it shall be protected by means of a waterproof holder with a durable transparent cover:

Provided that such certificate of fitness is not produced of a durable and waterproof material and not designed to be affixed without further protection.

(7) A motor vehicle inspector who performs the inspection of a motor vehicle and finds no cause for rejection shall himself affix the certificate of fitness to the motor vehicle concerned.

Top

21. Authority conveyed by certificate of fitness subject to provisions of these Regulations

The terms and conditions of a certificate of fitness relating to a motor vehicle and the authority conveyed thereby shall not be construed as derogating from any provision of these Regulations to which such motor vehicle may be subject and, in the event of any conflict between the terms and conditions of such certificate and any such provision, the latter shall prevail.

22. Effect of alteration of motor vehcile on certificate of fitness

(1) Subject to the provisions of subregulation (3), a certificate of fitness in respect of a motor vehicle shall become null and void where such motor vehicle is altered in such manner that—

(a) the certificate of fitness no longer correctly describes such motor vehicle; or

(b) such alteration affects the terms and conditions of such certificate.

(2) Within seven days of a certificate of fitness becoming null and void under subregulation (1), the vehicle concerned shall be presented for the examination and testing referred to in regulation 15 (1).

(3) The provision of subregulations (1) and (2) shall not apply in respect of a motor vehicle of which the only engine is replaced.

23. Right of appeal to Director

(1) An owner or operator of a motor vehicle who is aggrieved at the refusal of a motor vehicle inspection station to issue a certificate of fitness for such motor vehicle may, within 21 days of any such refusal, appeal against such refusal to the Director in accordance with the Road Traffic (Appeals) Regulations and shall at the same time submit a copy of such appeal to the motor vehicle inspection station.

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

(3) For the purpose of deciding an appeal under subregulation (1), the Director may—

(a) where such appeal concerns a certificate of fitness, cause the motor vehicle concerned to be examined and tested by a motor vehicle inspector nominated by him; and

(b) require either party to such an appeal to furnish such information and evidence as he may deem expedient.

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

24. Register of certificates of fitness to be kept

The Director shall cause a suitable register or record of all certificates of fitness issued to be kept by all motor vehicle inspection stations in a form approved by him.

25. Certificate of fitness issued contrary to provisions of this Part to be void

Any certificate of fitness issued contrary to the provisions of the Part, shall be void and the holder thereof shall, on demand by the Director or the motor vehicle inspection station which issued such certificate, forthwith present the motor vehicle concerned to a place designated by the Director or to the motor vehicle inspection station which issued such certificate, as the case may be.

26. Conditions for operating vehicles

(1) A notice contemplated in section 80 of the Act shall be made on a form prescribed and may contain conditions to the effect that the vehicle may not be operated on a public road or may continue to be operated for a given period or under limitations with regard to speed, route or otherwise and state that the motor vehicle concerned shall be presented within seven days from the date of issue of such notice to a designated motor vehicle inspection station registered by the Director for examination and testing by a motor vehicle inspector.

(2) No person shall fail to comply with any notice contemplated in subregulation (1).

27. Manner and circumstances whereupon a certificate of fitness may be removed and re-issued

(1) A traffic police officer or a motor vehicle examiner who intends to serve a notice as contemplated in regulation 26, may where appropriate remove the certificate of fitness from the motor vehicle concerned.

(2) A copy of the notice contemplated in regulation 26 shall be forwarded by the traffic police officer or motor vehicle examiner concerned to the designated motor vehicle inspection station referred to in regulation 26 and shall be accompanied by the certificate of fitness if removed under subregulation (1).

(3) Where a motor vehicle has been examined in accordance with a notice contemplated in regulation 26 and the motor vehicle inspector is satisfied that the defects reported on the notice contemplated in regulation 26 have been rectified and the motor vehicle concerned is found to comply with all statutory requirements concerning the issue of a certificate of fitness, the motor vehicle inspection station concerned shall—

(a) endorse the notice accordingly and forward it to the issuing traffic police officer or motor vehicle examiner as the case may be; and

(b) if the certificate of fitness has been removed under subregulation (1), issue a new certificate of fitness in respect of such motor vehicle in accordance with the provisions of these Regulations.

(4) The examination of a motor vehicle in accordance with a notice contemplated in regulation 26 shall be done at the expense of the owner of operator.

28. Application of these regulations

These Regulations shall apply to all motor vehicles except those referred to in regulation 14 (2) and those subject to phased applications as specified in regulation 29.

29. Date of coming into force

Regulation 14 (e) shall come into force with effect from the date these regulations will be published in the Gazette.

PART IV

CERTIFIED MOTOR VEHICLE INSPECTORS

30. Requirements for certification as motor vehicle inspector

(1) The requirements to be met to become a certified motor vehicle inspector are—

(a) the applicant must be of reasonable character and reputation;

(b) the applicant must demonstrate three years experience as an automotive mechanic or possess a certificate issued in his name from an approved automotive mechanic training program;

(c) the applicant must possess a certificate issued in his name from an approved training course for motor vehicle inspectors;

(d) the applicant must satisfactorily complete an examination to demonstrate adequate understanding of motor vehicle inspection requirements and the ability to perform motor vehicle inspections and operate required testing equipment.

(e) the applicant must possess a valid Malawi driver's licence;

(f) the applicant must be eighteen years of age or older;

(g) the applicant must be familiar with and agree to comply with the rules and regulations of the Inspectorate of Motor Vehicle Inspection Stations; and

(h) the applicant must examine and test every motor vehicle presented for inspection in strict compliance with the statutory requirements of the Act and the Manual of Motor Vehicle Inspection Standards.

(2) 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 may grant to any applicant exemptions in writing either generally or specifically from any of the provisions of this regulation.

31. Application for certification at motor vehicle inspector

(1) An application to become a certified motor vehicle inspector shall be made on Form MVI. 100B in the Schedule.

(2) The application referred to in subregulation (1) shall be accompanied by—

(a) a photocopy of the applicant's driver's licence; and

(b) a photocopy of the certificate referred to in—

(i) regulation 30 (b) if applicable; and

(ii) regulation 30 (c).

32. Certification of motor vehicle inspector

(1) The Director, upon receipt of an application made under regulation 31 to—

(a) become certified as a motor vehicle inspector, shall submit such application; or

(b) renew a certification as a motor vehicle inspector, 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.

(2) A member of the Malawi Police Service may take the finger and palm prints of the applicant to enable him to report under subregulation (1).

(4) Where the Director does not refuse the application under subregulation (3), the Director shall cause the applicant to be examined by the Inspectorate of Motor Vehicle Inspection Stations, in order to obtain a report on the competence of the applicant to act as a certified motor vehicle inspector and a recommendation of the appropriate class thereof under regulation 33:

Provided that if the applicant applies to renew a certification as a motor vehicle inspector, the Director may dispense with such examination and report.

(5) The Director, with due regard to evaluation and recommendations of the Inspectorate of Motor Vehicle Inspection Stations, shall satisfy himself—

(a) that the applicant concerned complies with the requirements referred to in regulation 30;and

(b) that the certification of the applicant concerned has not been suspended or cancelled for a reason that still pertains.

(6) If the Director is satisfied as to the suitability of the applicant under subregulation (5), he

shall—

(a) certify and, under regulation 33, classify such applicant as a motor vehicle inspector;

(b) record the particulars of such motor vehicle inspector in the register of certified motor vehicle inspectors; and

(7) If the Director is not satisfied as to the suitability of the applicant to be certified as a motor vehicle inspector under subregulation (5), he shall refuse to certify such applicant and notify the applicant accordingly.

(8) A certified motor vehicle inspector shall, upon the change of any of the particulars submitted under regulation 31, notify the Director of such change within 14 days after such change on Form MVI. 100B in the Schedule.

(9) The Director shall, upon receipt of a notification referred to in subregulation (8), update the register for certified motor vehicle inspectors accordingly.

(10) A certification of a motor vehicle inspector issued under subregulation (6) shall be valid for 24 months from the date of issue subject to suspension or cancellation by the Director under regulation 34.

33. Classification of certified motor vehicle inspector

The Director shall, with due regard to the evaluation and recommendations of the inspectorate of motor vehicle inspection stations and if he is satisfied that the appropriate requirements have been met, classify a certified motor vehicle inspector in one or more of the following classifications—

(a) class A which shall be authorized to examine and test any class of motor vehicle;

(c) class C which shall be authorized to examine and test any motor vehicle with a gross vehicle mass less than 3,500 kilograms, except motorcycles, motor tricycles and motor quadrucycles; or

(d) class D which shall be authorized to examine and test only a motorcycle, motorcycle with sidecar, motor tricycle and motor quadrucycle with a tare not exceeding 550 kilograms.

34. Manner of suspension or cancellation of certificate of a motor vehicle inspector

(1) The Director shall, in considering the suspension or cancellation of the certificate of a motor vehicle inspector—

(a) notify the inspector of his failure to comply with the requirements of regulation 30; and

(b) demand from such inspector to indicate in writing—

(i) the reason for such failure; and

(ii) the details of the measures that have been taken to rectify and prevent such failure.

(2) If the Director is not satisfied with the reason or measures referred to in subregulation (1) (b), he may—

(a) suspend; or

(b) cancel,the certificate of such motor vehicle inspector.

(3) If the Director suspends or cancels the certification of a motor vehicle inspector, he shall—

(a) notify such motor vehicle inspector of such suspension or cancellation and the reason therefor and, in the case of suspension, the period thereof; and

(b) give notice in the Gazette of the suspension or cancellation referred to in paragraph (a).

(4) A motor vehicle inspector who has had his certification suspended or cancelled, shall within 14 days after having been notified of such suspension or cancellation, submit to the Director the certificate of certification referred to in regulation 32 (6) issued in respect of such motor vehicle inspector.

(5) Subject to regulation 35, any cancellation of certification as a motor vehicle inspector shall be permanent.

35. Appeal to the Minister

(1) Any person who is aggrieved at the refusal of the Director to certify and classify him as a motor vehicle inspector or at the suspension or cancellation of such certification may, within 21 days of any refusal, suspension or cancellation appeal against such refusal, suspension or cancellation to the Minister in accordance with Road Traffic (Appeals) Regulations and shall at the same time submit a copy of such appeal to the Director.

(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 under subregulation (1), the Minister may require any party 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.

SCHEDULE

FORM MVL. 100

ROAD TRAFFIC ACT

ROAD TRAFFIC (CERTIFICATE OF FITNESS) REGULATIONS r. 9

APPLICATION FOR APPOINTMENT AS AN OFFICIAL INSPECTION STATION

Any business intending to make an application to represent the Road Traffic Department as a Motor Vehicle Inspection Station must complete the following application in duplicate and return it to the Motor Vehicle Inspection Division, Private Bag 257, Lilongwe.

Business name ........................................................................................

Street address.........................................................................................

Town/Village............................................. Region..........................................

Mailing address........................................................................................

Business telephone number................................................................................

A. General

1. Under which of the inspection station classifications are you applying for appointment?

2. Is this business a: Corporation?

Single owner?.............................................. Government Agency?.............................

Other? (explain)..........................................................................................

3. Who owns this business? (List all owners or corporate officers) Owner/OfficerOwner/OfficerOwner/OfficerName Title Address Telephone Driver's Licence Number

NOTE: If there are more than three owners or corporate officers submit the information in the same form on a separate sheet.

4. Have you ever had an Inspection Station Appointment?

5. Under what name?.................... Town/Village

6. Have you ever been refused an appointment?................................................................ When?.........................

7. Have you ever been suspended as an Inspection Station? ....................................... When?

8. Under what name?.................... Town/Village

9. Has this location ever been an Inspection Station?..............................................................

10. If so, what name?................................................................................

B. Business

1. Type of business (check one or more if applicable):

..................................... Vehicle Repair Shop

..................................... Motor Dealer-Motorcycle

..................................... Motor Dealer-Automobiles

..................................... Motor Dealer-Trucks

..................................... Motor Dear-Trailers

2. Length of time in business....................... years. At present location ...................................years.

3. Do you have personnel doing full-time automotive repair work? Yes

4. What per cent of your business income is derived from automotive repair work? %.

5. Are automotive repairs made in a location established for this purpose only? Yes................ No

C. Management

1. Who will manage this business?............................................................................

2. Who will be legally responsible for compliance with Inspection Rules and Regulations as set forth by the Road Traffic Act and the Road Traffic Department at this business?

3. Has this business and/or anyone involved in ownership had any civil judgments rendered against them? Yes ..... No ...

4. If yes, who?.. When?...... In what town or village?...................................................................................

5. Has the business, owner(s) or management ever taken bankruptcy? Yes ........................... No ............ ? If yes, have the judgments been paid?.........................................................................

6. Has the owner(s) or management ever been evicted from a business location? Yes...... No...... If yes, who?............... When?..................................... Where?....................................................

7. Has the owner(s) or manager(s) ever been convicted of a criminal offence? Yes.......... No.... If yes, list for each owner and/or manager. Who?........................ Where? .................................. Charges? .........................................................

8. Has the owner(s) or manager(s) ever been convicted of a traffic violation? Yes........... No.... If yes, list for each owner and or manager. Who?........................Where?........................Charges?

D. Inspection

1. Who will supervise inspection activities and inspectors?

2. Is the supervisor to be a certified inspector? Yes?

3. Will a certified inspector be available to perform inspections during normal business hours Monday through Friday, each week?

Yes................... No...................

4. Mechanics ................ Total Number ................... Number to be qualified as inspectors

Mechanic's ........................NameDriver's. ....................... Licence ........................Number Year of

Experience.....................................................................................................................................

(If any additional mechanics are to be certified, submit the additional information in the same form on a separate sheet.)

E. Facilities

1. What are the inside dimensions of your shop? Width ................................................ Length

2. What are the dimensions of the lane to be used for inspections? Width ...................... Length

3. What type of floor surface do you have? .................................................

Is it level or on the same plane? Yes.................................... No....................

Do you have an outside ramp? Yes...................................... No....................

Is the outside a part of the inspection lane? Yes.............................. No..........

What is the length of the ramp?...................................................................

Is it on the same plane as the inspection lane? Yes ................................... No

4. Is floor area for headlight testing on the same plane for its entire length? Yes............................................................ No

5. How many entrances do you have to your shop? Front ............................................................................................ Rear

How high are the entrances? Front............................................ Rear

How wide are the entrances? Front

6. Do you have adequate facilities to perform inspections full time in addition to your other business? Yes............... No.......

7. Do you have sufficient parking space to accommodate vehicles awaiting inspection without normally using the public streets and roads for parking? Yes..................... No...................

F. Trailer Certification Only

1. Will all trailers be attached to a motor vehicle during inspection? Yes.............................. No

2. If not, what equipment will be used to check the adequacy of the lights and brakes?

G. Equipment

1. (*Not applicable for trailer.#Not applicable for motorcycle stations)

Please answer yes or no*#Are you willing to secure a decelerometer for brake testing?......................

2. (*Not applicable for trailer.#Not applicable for motorcycle stations)

Please answer yes or no*#Are you willing to secure a floor jack with a rating of 4 tonnes?...................

3. (*Not applicable for trailer.#Not applicable for motorcycle stations)

Please answer yes or no*#Are you willing to secure a machine for headlight testing?..........................

4. (*Not applicable for trailer.#Not applicable for motorcycle stations)

Please answer yes or no*#Are you willing to secure instruments for the measurement of brake related parts such as drums, rotors, disc pads and shoes? ..............................................

5. Are you equipped with the proper tools and equipment necessary to making all repairs and adjustments required in making motor vehicle inspections?.............................

H. Contract

I (We) do hereby agree to provide the necessary space equipment and personnel to conduct inspections as required by the Road Traffic Department. Facilities and equipment will be maintained in a manner satisfactory to the Road Traffic Department. All safety inspectors will read and be thoroughly familiar with the instructions furnished for Motor Vehicle Inspection Stations, and I (we) agree to abide by these instructions, and to carefully inspect every motor vehicle, motorcycle, trailer and semi-trailer presented for inspection as required by the Rules and Regulations contained in the Official Inspection Manual. I (We) also agree to operate this station in strict accord with the Road Traffic Department and the Rules and Regulations furnished by the Road Traffic Department. I (We) understand that the appointment of our station, if made, may be cancelled at any time by the Road Traffic Department and will be automatically cancelled if any change in address, name or ownership is made.

This certifies that I have read and agree to abide by the requirements for appointment as a Motor Vehicle Inspection Station as set form above.

Signed:.............................................. Date:.....................................

Name:............................................................................................

Date of Birth:.................................. Malawi driver's licence number

Title: .............................................................................................

(Owner, Partner, Corporation Officer)

Address:..............................

Telephone Number:..............

Signed: .......................................... Date: ......................................

Name: ...........................................................................................

Date of Birth:..................................... Malawi driver's licence number

Title: .............................................................................................

(Owner, Partner, Corporation Officer)

Address:...........................................................

Telephone Number.............................................

MVI. 200

ROAD TRAFFIC ACT r.10

ROAD TRAFFIC (CERTIFICATE OF FITNESS) REGULATIONS CERTIFICATE OF REGISTRATION

Motor Vehicle Inspection Station Registration NO. Name:

Postal address:

is hereby authorized to operate an official motor vehicle inspection station in accordance with the following conditions:

Physical address of station premises

Classification of motor vehicle inspection station granted is indicated below by an X. Classification Class A Class B Class C Class D Class E

Expiry date:..........................................................................................

Issue date:...............................

Director of Road Traffic

FORM MVI. 100B ROAD TRAFFIC ACT

ROAD TRAFFIC (CERTIFICATE OF FITNESS) REGULATIONS APPLICATION FOR CERTIFICAION AS MOTOR VEHICLE INSPECTOR

APPLICANT MUST COMPLETE SECTION I AND SECTION II (AUTHORIZATION FOR RELEASE OF INFORMATION)

SECTION I

Full name: ............................................................................................

(last)(first)(middle)

Address:................................................... City/Village:..................................

Years of experience as automotive mechanic:

Malawi driver's licence number:

Presently employed by:.................................... Station: ....

Employer's address:......................................... City/Village:

Have you ever been certified as a vehicle inspector in Malawi: Yes ........................................ No

Have you ever been suspended as a motor vehicle inspector? Yes ......................................... No

Where were you employed when you were suspended?

Name and address of former garages where you were employed as a mechanic:

Have you ever been charged with any violations of the law or traffic infractions? Yes No

If yes, where, and what were the offences charged?...............................................................

Has your driver's licence ever been revoked or suspended? Yes ............................................ No

If yes, for what charges?..................................................................................

Police files check........................................................................................

(Name of investigator) (Results of investigation)

Character and reputation:satisfactory ........................... unsatisfactory ............................... Mechanical

ability:satisfactory ...................... unsatisfactory .............................. Attitude toward inspection and

supervision:satisfactory ........................ unsatisfactory .............................. Knowledge of inspection

requirements:satisfactory..................... unsatisfactory..............................

Does applicant now understand the questions missed and proper inspection procedure?

Type of headlight aimer used: optical makemodelmechanical............................................... makemodel

Remarks: (explain any item checked unsatisfactory and provide any other pertinent information).

SECTION II

AUTHORIZATION FOR RELEASE OF INFORMATION

Any past or present Employer, Credit Bureau, Bank, Financial Institution or any other Credit Extending Agency, or any other Government Agency.

................................................................................ (Applicant's name)(Address)

I requested that the Road Traffic Department appoint me as a Motor Vehicle Inspector. I am aware that a complete investigation will be conducted relative to this matter.

I hereby authorize and request the release of any and all information you may have concerning me to the Road Traffic Department or its agent upon presentation of this release or copy hereof.

................................................................................ (Signature)(Date)

Return to: Motor Vehicle Inspection Division Road Traffic Department P.O. Box 101 Lilongwe

Attention: Mechanic Files

Do not write below this line—for Road Traffic Department use only

Employed by: .......................................... Station: ...................................

Address: City/Village:..................................... Certified: Yes.................. No

Signature:

Date:........................................ Region:.................

Motor vehicle inspection division file check

Date:............................................. Current Status:

MVI. 200B

ROAD TRAFFIC DEPARTMENT

ROAD TRAFFIC (CERTIFICATE OF FITNESS) REGULATIONS

MOTOR VEHICLE INSPECTOR CERTIFICATION NO............................................................

Name:..............................................................................................

Postal address:........................................................................................

Residential address:.....................................................................................

Holder of driver's licence No.................................................................................

Is authorized as a motor vehicle inspector to examine and test the class of vehicle indicated below by an X.

PHOTOGRAPH

Class of vehicle

Class A

Class B

Class C

Class D

Signature of Motor Vehicle Inspector.....................................

Date of expiry:............................................................

Date of issue:.............................................................

Director of Road Traffic

AUTHORIZATION FOR RELEASE OF INFORMATION

To: Any past or present Employer, Credit Bureau, Bank, Financial Institution or any other Credit Extending Agency, or any other Government Agency.

I..................................................................................................

(Applicant's name)

have requested that the Road Traffic Department appoint

............................................................................................................... (Name of facility)(Address

of facility)

as a Motor Vehicle Inspection Station. I am aware that a complete investigation will be conducted relative to this matter. I hereby authorize and request the release of any and all information you may have concerning me or the above-mentioned business establishment to the Road Traffic Department or its agent upon presentation of this release or copy hereof.

Given under my hand this..................................... day of................................ ,........

Signature FORM MV1. 100R ROAD TRAFFIC ACT

ROAD TRAFFIC (CERTIFICATE OF FITNESS) REGULATIONS MOTOR VEHICLE INSPECTION STATION REPORT

Name:............................................... Station Number:..................................

Address:............................................................................................

S—SatisfactorySU U—Unsatisfactory1.Certificate displayed.............. 2.Procedure sheet

displayed........... 3.Appearance outside.................... 4.Appearance inside...................... 5.Space for

inspection......... 6.Current inventory filed............................... 7.Shop tools.................. 8.Jack or

lift.......... 9.Decelerometer or brake machine................. 10.Head light machine............. 11.Receipts to

MVID........... 12.2-meter straight edge and 8-meter tape....................... 13.Rule........... 14.Tread depth

gauge.......... 15.Receipts on file.............................. 16.Ticket punch................... 17.Protection of

stickers........ 18.Manual updated..................... 19.Posters displayed................... 20.Other (explain

below)..............

Remarks:If the answer to any of the questions above were no or unsatisfactory, these deficiencies must be explained here in details. They must also be discussed with the owner or manager of the station, and the name and title of the person contacted must be included.

Recommendation:

....................... Action

taken:

Signature .............

.. SUPR: Name ..................

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

..................... Approved:MVE:

................ MVE: Signature ..................

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

Name

............. SUPR:

........... Region:

Road Traffic Regulations

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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#	Title	Download
1	Road Traffic Act	PDF

Measures / Standards

#	Name	Type	Agency	Description	Law	Valid To	Apply To
1	Registration requirement as an importer of vehicles	Registration Requirement	Ministry of Transport and Public Works	Every person who, imports new or used motor vehicles into Malawi for the purposes of business must apply to the Director for registration as an importer.	Road Traffic Act	9999-12-31	ALL
2	Registration requirement for imported motor vehicles	Registration Requirement	Ministry of Transport and Public Works	Every importer of motor vehicles must register every motor vehicle imported by him before he distributes or sells such vehicle.	Road Traffic Act	9999-12-31	ALL
3	Requirement for a registration fee for vehicle importers	Registration Requirement	Ministry of Transport and Public Works	The Certification of registration or approval fee for an importer is k10,0000 per year.	Road Traffic Act	9999-12-31	ALL
4	Need of notice to export motor vehicle	Need of Notice	Ministry of Transport and Public Works	Any owner of motor vehicle, other than a manufacturer, intending to export a motor vehicle, must notify the Director.	Road Traffic Act	9999-12-31	ALL
5	Weighing vehicles entering Malawi	Registration Requirement	Ministry of Transport and Public Works	Vehicles attempting to enter Malawi may be subjected to the weighing procedures of Malawi or be returned to the country from which entry into Malawi was attempted.	Road Traffic Act	9999-12-31	ALL
6	Registration as the operator of vehicle	Registration Requirement	Ministry of Transport and Public Works	The owner of motor vehicle registered in a foreign state shall before entering Malawi with such vehicle, pay the prescribed fee, and notify the Director which designated person shall be registered as the operator of such vehicle	Road Traffic Act	9999-12-31	ALL

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