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Motor Traffic (Amendment) No. 2 Act 2016

REPUBLIC OF NAURU

MOTOR TRAFFIC (AMENDMENT) NO. 2 ACT 2016

No. 41 of 2016

An Act to amend the Motor Traffic Act 2014

Certified: 8th September 2016

Table of Contents

1 SHORT TITLE
2 COMMENCEMENT
3 AMENDMENT OF MOTOR TRAFFIC ACT 2014
4 AMENDMENT OF SECTION 5
5 INSERT NEW SECTION 6A
6 AMENDMENT OF SECTION 9
7 INSERT NEW SECTION 127A
8 INSERT NEW SECTION 128A
9 CONSEQUENTIAL AMENDMENT TO THE CUSTOMS TARIFF ACT 2014

Enacted by the Parliament of Nauru as follows:

1 Short title

This Act may be cited as the Motor Traffic (Amendment) No.2 Act 2016.

2 Commencement

This Act commences upon certification of the Speaker.

3 Amendment of Motor Traffic Act 2014

The Motor Traffic Act 2014 is amended by the provisions of this Act.

4 Amendment of section 5

Section 5 is amended by inserting the following definitions in alphabetical order:

'authorised officer' means a person who has been authorised by the Registrar of Motor Vehicles to perform any function under this Act;
'classic vehicle' means a motor vehicle which is over 12 years from its date of manufacturing, is well preserved, has been maintained in or restored to a condition which is substantially in conformity with manufacture specification and appearance and includes land rovers and classic vehicles under the Customs Tariff Act 2014;
'Motor Vehicle Inspector' means a person appointed under section 6A and includes authorised inspectors as defined under this Act;
'Road Transport Officer' means a person appointed under section 6A;

5 Insert new section 6A

A new section 6A is inserted as follows:

6A Road Transport Officer and Motor Vehicle Inspectors
(1) The Registrar may appoint persons to be Road Transport Officers and Motor Vehicle Inspectors.
(2) Road Transport Officers and Motor Vehicle Inspectors are authorised officers under this Act and are subject to the directions of the Registrar.
(3) Subject to subsection (2), Road Transport Officers and Motor Vehicle Inspectors have the following functions:

• (a) registration of motor vehicles;
• (b) collection of registration fees;
• (c) issuance of registration labels;
• (d) maintenance and management of motor vehicle registers; and
• (e) inspection of motor vehicles.

(4) The Minister may by regulations expand on or create additional functions for Road Transport Officers and Motor Vehicle Inspectors.

6 Amendment of section 9

Section 9 is amended by omitting the current section and substituting it with the following:

(1) For the purposes of this Act, motor vehicles are divided into the following classes:

• (a) buses;
• (b) commercial motor vehicles;
• (c) private motor vehicles;
• (d) motorcycles;
• (e) auto rickshaws;
• (f) trailers.

(2) For the purposes of this Act and the Customs Tariff Act 2014, private motor vehicles and motorcycles may be classified as classic vehicles.

7 Insert new section 127A

A new section 127A is inserted as follows:

127A Fees and fines
Any fee or fine paid or recovered under this Act forms part of the revenue of the Office of the Registrar and may be used as part of the Registrar's operational budget.

8 Insert new section 128A

A new section 128A is inserted as follows:

128A Unlawful importation of motor vehicles
(1) It is unlawful to import any motor vehicle which was or has been manufactured more than 12 years prior to the date on which such motor vehicle enters Nauru.
(2) Despite subsection (1), a motor vehicle may be imported if it is classified as a classic vehicle.

9 Consequential amendment to the Customs Tariff Act 2014

The Customs Tariff Act 2014 is amended by omitting all references to 'classical vehicle' and substituting it with the term 'classic vehicle'.