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Vanuatu Consolidated Legislation - 2006 |
LAWS OF THE REPUBLIC OF VANUATU
Commencement: 4 June 1962
CHAPTER 29
ROAD TRAFFIC (CONTROL)
JR 4 of 1962
JR 19 of 1962
JR 1 of 1963
JR 2 of 1963
JR 11 of 1963
JR 29 of 1964
JR 11 of 1965
JR 16 of 1965
JR 35 of 1966
JR 10 of 1967
JR 16 of 1968
JR 12 of 1969
JR 19 of 1970
JR 19 of 1971
JR 2 of 1972
JR 18 of 1972
JR 26 of 1974
Act 28 of 1985
Act 27 of 1986
Act 55 of 1989
Act 1 of 1990
Act 11 of 1990
Act 9 of 1992
Act 18 of 1992
Act 4 of 1999
Act 46 of 2000
Act 31 of 2001
Act 31 of 2003
Act 33 of 2005
ARRANGEMENT OF SECTIONS
PART 1 – GENERAL
PART 2 – GENERAL PROVISIONS FOR TRAFFIC CONTROL APPLICABLE TO ALL ROAD USERS
Division 1 – Control of Vehicles
Division 2 – Roundabouts
16A. Meaning of halfway around
16B. Giving way on entering a roundabout
16C. Signalling when entering or leaving a roundabout
16D. Driving in a roundabout
Division 3 – Traffic Accidents, Powers of Police
Division 4 – Other
20A. Failure to comply with traffic signs, etc., an offence
PART 3 – GENERAL PROVISIONS FOR VEHICLES
PART 4 – REGISTRATION AND LICENSING
33. Registration of motor vehicle
34. Annual tax
35. Payment of annual tax
36. Reduced tax
37. Refund of tax
38. Display of sticker
38A. Sticker not to be issued without roadworthy certificate and payment of fee
PART 4A – REGISTRATION OF FOREIGN VEHICLES
40A. Interpretation
40B. Registration
40C. Annual registration requirements
40D. Exemptions
40E. Fees
PART 5 – THIRD PARTY INSURANCE
41. Compulsory third party insurance
PART 6 – DRIVING LICENSES
42. Driver of motor vehicle to have driving licence
43. Driver to present driving licence and vehicle documents at request of police officer
43A. Driving test
44. Driving licences
45. Minimum age for driving motor vehicle or motor cycle
46. Duration of driving licences
46A. Renewing driving licences
46B. Old licences
47. Learner driver's licence
48. Driving instructions
49. Certificate of ability to drive
50. Entitlement to certificate of ability to drive
PART 7 – OFFENCES AND PENALTIES
51. False declaration
52. Taking and driving away vehicle without consent
53. Offences and penalties
53A. Offence for failure to pay tax or fee
53B. Penalty notices
54. Power of police officer to stop offenders
54A. Power to stop vehicles
54B. Assistance to police officers
55. Disqualification
PART 8 – MISCELLANEOUS
56. Refund of fees
57. Radar speed meters
57A. Exemptions
57B. Regulations
58. Recovery of fees or taxes
59. Regulations
SCHEDULE 1 – Registration of a motor vehicle
SCHEDULE 2 – Registration book for motor vehicle
SCHEDULE 3 – Licence to drive
SCHEDULE 4 – Application for driving licence
SCHEDULE 5 – Certificate of ability to drive
SCHEDULE 6 – Hand signals
SCHEDULE 7 – Traffic signs
SCHEDULE 8 – Certificate of roadworthiness
SCHEDULE 9 – Notice to submit vehicle for examination
SCHEDULE 10 – Annual motor vehicle tax
ROAD TRAFFIC (CONTROL)
To control wheeled traffic in Vanuatu.
PART 1 – GENERAL
1. Application
All wheeled traffic shall be subject to the provisions of this Act.
2. Interpretation
In this Act, unless the context otherwise requires –
"common vehicle" means every vehicle capable of transporting or intended for transporting eight persons or more not including the driver, children of less than 10 years being considered half a person up to a maximum of ten children;
"foreign vehicle" means a vehicle which is registered in Vanuatu but remains overseas and does not physically enter Vanuatu;
"heavy vehicle" includes every vehicle the weight of which unladen is 4 tons or more;
"licensing authority" means the Director of Customs and Inland Revenue in Port Vila and every person authorised by the Minister responsible for finance in writing to receive such taxes;
"Minister" means the Minister responsible for transport;
"motor bicycle" includes every 2 wheeled vehicle being driven by automotive power, combustion engine or electrical power but excluding manual power;
"motor vehicle" includes every vehicle driven by automotive power, combustion engine or electrical power;
"public road" for the purpose of this Act includes every road which is built or maintained at public expense and to which the public have access, or any road declared as public by the Minister;
"town limits of Port Vila and Luganville" means the town limits as from time to time defined by an Order issued under section 1 of the Municipalities Act [Cap. 126];
"vehicle" includes every type of wheeled transport including tractors.
PART 2 – GENERAL PROVISIONS FOR TRAFFIC CONTROL APPLICABLE TO ALL ROAD USERS
Division 1 – Control of Vehicles
3. Vehicle to have a driver
Every vehicle, except trailers, must have a driver.
4. Vehicle to be driven on right hand side of road
(1) Every driver must at all times keep his vehicle to the right hand side of the road (particularly so when another road user arrives from the opposite direction or is ready to overtake). Overtaking will take place on the left. At cross roads, intersections of roads and forked roads, the driver of any vehicle shall give way to another coming on his right:
Provided that the driver of a vehicle on a road which has been designated a "major" road by Order of the Minister shall have the right of way, and the driver of a vehicle on a road on which a "STOP" or "GIVE WAY" sign has been placed, shall stop and shall yield the right of way.
(2) When a public road is divided by a continuous white line every driver must drive to the right of this line.
5. Driver must indicate intention before manoeuvring
Every driver wishing to draw away from the curb, to overtake a vehicle travelling in the same direction, to stop or to change direction must indicate his intention clearly by hand or light signal. The signals used shall be in accordance with Schedule 6. Every driver wishing to overtake another vehicle shall if necessary sound his horn. A driver shall satisfy himself that no danger exists to other road users or himself before carrying out the above operations.
6. Driver not to intersect police or military ranks
No driver shall intersect the ranks of military or police detachments or processions.
7. Driver not to obstruct circulation of traffic
No driver shall leave his vehicle in such a way as to obstruct the circulation of traffic.
8. Driver to take precautions to ensure safety of public in event of accident
Every driver whose vehicle breaks down on a public road by reason of an accident or other cause shall take such precautions as are necessary to ensure the safety of the public.
9. Vehicle not to cause nuisance
No vehicle using a public road shall emit obnoxious fumes or excessive noises.
10. Obstructing road users prohibited
Pedestrians using a public road must not cause obstruction to traffic. It shall be an offence for every driver or passenger in a vehicle by rash or negligent conduct to obstruct other road users.
11. Vehicle not to constitute or cause danger
No person shall drive, or being the owner, shall permit another person to drive, a vehicle on a public road if the vehicle or any part thereof constitutes a danger or could cause a danger.
12. Causing death by reckless driving
A person who causes the death of another person by driving a motor vehicle on the road recklessly shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT 500,000 or to imprisonment for a term not exceeding 5 years or to both.
13. Reckless driving
A person who drives a motor vehicle on a road recklessly shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding VT 100,000 or to imprisonment for a term not exceeding 1 year or to both.
14. Careless driving
A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and liable on conviction to a fine not exceeding VT 50,000 or to imprisonment for a term not exceeding 6 months or to both.
15. Restriction of heavy vehicles at peak hours
(1) It shall be unlawful to drive any heavy vehicle within the town limits of Port Vila and Luganville from 7 a.m. to 9 a.m., 11 a.m. to 12 noon, 4 p.m. to 6 p.m. from Monday to Friday, and on Saturday from 7 a.m. to 12 noon.
(2) The Minister may, by Order, prescribe different times for the purpose of subsection (1), and he may in such Orders specify areas or public roads within the town limits of Port Vila and Luganville to which subsection (1) shall apply.
(3) Any person contravening the provisions of subsection (1) or any Order made under subsection (2), shall be liable on conviction for a first offence to a fine not exceeding VT 20,000 and for a second or subsequent offence to a fine not exceeding VT 40,000, or to imprisonment for a term not exceeding three months or to both fine and imprisonment.
16. Driving when under influence of drink or drugs
It is an offence for any person to drive on the public road when under the influence of alcoholic liquor or a drug to such an extent that the driver is incapable of properly controlling his vehicle. A police officer shall be empowered without warrant to arrest any person contravening this section.
Division 2 – Roundabouts
16A. Meaning of halfway around
In this Division –
"halfway around" a roundabout means a place, drawing an imaginary line through the centre of the roundabout, directly opposite the road from which a driver enters the roundabout .
Example:
View a roundabout as a 12 hour clock face with a driver entering the roundabout at 6 o'clock.
If the driver leaves the roundabout before 12 o'clock, the driver leaves the roundabout less than halfway around it.
If the driver leaves the roundabout at 12 o'clock, the driver leaves the roundabout halfway around it.
If the driver leaves the roundabout after 12 o'clock, the driver leaves the roundabout more than halfway around it.
16B. Giving way on entering a roundabout
A driver entering a roundabout must give way to traffic in the roundabout.
16C. Signalling when entering or leaving a roundabout
(1) If a driver intends leaving a roundabout more than halfway around it, the driver must give a left turn signal as the driver enters the roundabout.
(2) A driver must signal an intention to leave a roundabout by giving a right turn signal –
(a) as the driver enters the roundabout if the driver intends leaving the roundabout at the first exit the driver encounters after entering the roundabout, unless that first exit is more than halfway or is halfway around the roundabout; or
(b) if the driver intends leaving the roundabout at another exit that is more or less than halfway around the roundabout – as soon as the driver has passed the exit immediately before the exit the driver intends to leave by.
16D. Driving in a roundabout
A driver in a roundabout must keep any traffic island or other structure that is located at or near the centre of the roundabout on the driver’s left hand side.
Division 3 – Traffic Accidents, Powers of Police
17. Driver to stop and to report to police in case of accident
Every driver involved in an accident causing personal injury or damage to property must immediately stop his vehicle. If the accident involves personal injury, the driver must advise the police authorities within 24 hours. Damage to property must be reported to the police authorities within 5 days:
Provided that on islands other than Efate, Espiritu Santo, Malekula and Tanna, the periods allowed in the second and third sentences above shall be increased to 15 days in each instance.
18. Inspection of vehicle suspected of involvement in accident
It shall be lawful for a police officer who has knowledge that, or a reasonable belief that a vehicle has been involved in an accident, to request permission of the owner or person in charge of such vehicle to inspect it at any time, and it shall be an offence for any such owner or person in charge of such vehicle to refuse to grant such permission or to refuse to make arrangements for such permission, or to obstruct in any way a police officer engaged in such inspection.
Division 4 – Other
19. Obligation to stop when requested to do so by police officer
Every driver or person in charge of a vehicle on a public road shall stop upon signal by, or request of, any police officer on duty.
20. Minister may restrict, prohibit or control traffic on public roads
(1) If the Minister is satisfied that the passage of vehicle traffic on any public road should, by reasons of –
be restricted or prohibited, or controlled by one-way movement, or that the speed of vehicles should be restricted or that the passage, stopping or parking of vehicles should be in any way regulated or controlled, he may by Order prohibit, restrict or regulate the use of any specified public road or part thereof accordingly and shall in such Order authorise and prescribe the erection where necessary on the public road affected of appropriate traffic signs in the form or forms set out in Schedule 7 or as prescribed by the Minister.
(2) Where any Order has been made under subsection (1), the Director of Public Works shall forthwith erect or cause to be erected such traffic signs as are prescribed by such Orders wherever necessary on the public road affected at clearly visible sites selected by him in order to give effect to the object of the Order.
(3) Any person who shall use or cause to permit to be used any vehicle on a public road in contravention of any restriction, prohibition or other form of control imposed by any Order made under this section shall be guilty of an offence punishable on conviction thereof by a fine not exceeding VT 20,000 and on a second or subsequent offence under this section, to a fine not exceeding VT 60,000, or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment.
20A. Failure to comply with traffic signs, etc., an offence
Any person who –
is guilty of an offence and shall be liable on conviction to a fine not exceeding VT 20,000 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.
PART 3 – GENERAL PROVISION FOR VEHICLES
21. Dimensions of vehicles
The width and length of a vehicle including any projections shall not exceed 8 feet 2½ inches (2½ metres) and 37½ feet (11 metres) respectively. The axle ends shall not project beyond the plane of the rest of the vehicle, provided that the foregoing measurements shall not apply to industrial, commercial, agricultural or animal drawn vehicles for which special approval has been given by the Director of Public Works. The total loading of all vehicles including any articulated vehicles shall not exceed 8 tons per axle, or 24 tons overall, in the absence of special approval from the Director of Public Works. Lumber or loose appendages carried on, or forming part of a vehicle other than tanker trucks, shall be secured so as not to project beyond the external planes of the vehicle nor drag upon the ground while it is in motion or stationary upon a public road.
22. Tyres
All vehicles shall be fitted with pneumatic tyres or other covering of a sufficient elasticity approved by the Minister.
23. Restriction on use of wheel chains on vehicles
It shall be an offence for any person to drive a vehicle fitted with wheel chains on any tarred or metal public road, or any other public road, except where necessary.
24. Dimensions of permitted loads
The breadth and length of the load on any vehicle other than those specifically authorised under section 21 shall not exceed 8 feet 2½ inches (2½ metres) and 37½ feet (11 metres) respectively. Fixed or moveable seats may not project beyond the planes of the vehicle.
25. Loads not to cause danger to public
It is an offence to drive on a public road any vehicle loaded in such a way as to cause danger to the public.
26. Registration plates and numbers
(1) No owner of any registered vehicle shall drive or permit such vehicle to be driven on a public road unless it be fitted with plates in front and at the rear showing the registration number.
(2) The letters and numbers constituting the registration number shall not be less than three inches high and shall be white on a black background or such other colours as the Minister by Order prescribes or if in relief, to be of a design approved by the Commissioner of Police.
(3) Different classes of vehicle shall be distinguished by affixing in a conspicuous position on the registration plate whichever of the following styles of registration label is appropriate –
(a) for a taxi, a red letter ‘T’ on a white background or such other colours as the Minister by Order prescribes;
(b) for a public vehicle, a red letter ‘B’ on a white background or such other colours as the Minister by Order prescribes;
(c) for a hire or rental vehicle, a white reflective letter ’H’ on a green background or such other colours as the Minister by Order prescribes;
(d) for an automobile dealer trade vehicle the white letters "ADT" on a red background or such other colours as the Minister by Order prescribes;
Provided that the Minister may prescribed other styles of registration label for any other class of vehicle.
(4) The registration number shall be clearly visible by day to a person standing 20 yards to the front or rear of the vehicle. At night the rear plate shall be clearly illuminated by a light and shall be visible at the same distance.
(5) Notwithstanding subsection (1) of this section, motor cycles shall require a plate at the rear only.
27. Vehicle to be illuminated between sunset and sunrise
Between sunset and sunrise every vehicle on a public road shall be illuminated by 2 white or yellow headlights in front, visible from a distance of 164 yards (150 metres), and by two red lights, one at the left and one at the right visible from a distance of 164 yards (150 metres). Motor cycles shall be illuminated by a white or yellow headlight in front and a red light at the rear visible from a distance of 164 yards (150 metres).
28. Bicycle to be illuminated between sunset and sunrise
Between sunset and sunrise every person riding a bicycle on a public road shall illuminate his vehicle by a white or yellow headlamp in front, visible for a distance of 150 metres, and by a red reflector at the rear.
29. Stationary motor vehicles to show lights
Between sunset and sunrise all motor vehicles, excluding motor cycles, stationary on a public road must show two white or yellow lights at the front and two red lights at the rear.
30. Vehicle to be fitted with warning devices
Every vehicle using the public road must be fitted with an audible warning device, other than a siren or whistle, in working order. The use of a siren or whistle may be authorised by the Minister for certain types of public vehicles. Audible warning devices may only be used for giving necessary warning to other road users.
31. Vehicle to be fitted with 2 independent brakes
Every vehicle using a public road must be equipped with 2 independent brakes in working order.
32. Certificate of roadworthiness
(1) For the purposes of this section –
"public vehicle" means a vehicle being used for the purpose of carrying passengers for hire or reward;
"roadworthy condition" means a condition in which the vehicle or any part thereof does not constitute a danger or could not cause danger;
"vehicle examiner" means a person being a garage proprietor in possession of a valid licence issued under the Business Licence Act [Cap. 249] or a person authorised under subsection (1A).
(1A) The Director of the Department responsible for public works may authorise officers of the Department and other suitably qualified persons to examine motor vehicles. An authorisation must be in writing.
(2) Every owner of a motor vehicle shall not less than once in every period of 12 months present the vehicle to a vehicle examiner for examination for the purpose of the vehicle examiner ascertaining that it is in a roadworthy condition and, if the vehicle examiner is satisfied that any motor vehicle presented to him for examination under the provisions of this subsection is in a roadworthy condition he shall give to the owner thereof a certificate to that effect in the form prescribed in Schedule 8:
Provided that in the case of a heavy vehicle or public vehicle the said examination shall be made by a person appointed by the Minister (hereinafter referred to as "an appointed person").
(3) If it appears to any police officer, that any motor vehicle is being driven in an unroadworthy condition he may require the driver thereof to submit it for examination within such period as he may specify in the form prescribed in Schedule 9 by an appointed person and any person who on being so required fails so to submit his said motor vehicle shall be guilty of an offence under this Act.
(4) Where any person is required under the provisions of subsection (3) to submit a motor vehicle for examination the appointed person may, notwithstanding that the person submitting the said vehicle is in possession of a valid certificate issued under the provisions of subsection (2) in respect of the said vehicle, if he is not satisfied that it is in a roadworthy condition cancel the said certificate.
(5) No person shall drive any motor vehicle in respect of which there is no valid certificate issued under the provisions of subsection (2) and if he does so drive he shall be guilty of an offence.
PART 4 – REGISTRATION AND LICENSING
33. Registration of motor vehicle
(1) Every motor vehicle shall be registered in accordance with the provisions of this Act.
(2) Every owner of a motor vehicle newly imported into Vanuatu shall apply for registration of such vehicle to the licensing authority within I month of the date of importation in the form prescribed by Schedule 1.
(3) The licensing authority shall, upon receipt of an application for registration of a motor vehicle, and on payment of the registration fee at the rate specified in subsection (4), cause such motor vehicle to be registered under serial number and shall issue to the owner a registration book in the forms prescribed in Schedule 2.
(4) The registration fee payable under subsection (3) shall be 4% of the retail purchase price, excluding any tax or duty payable under any Act or instrument, in the case of new vehicles and 4% of the declared fair market value, excluding any tax or duty payable under any Act or instrument, in the case of second hand vehicles directly imported by individuals for personal use.
(5) With effect from the relevant date no motor vehicle shall be registered under subsection (1) unless such vehicle is constructed so as to be steered from the left side of that vehicle.
(6) For the purpose of subsection (5), ‘relevant date’ means a date specified by the Minister by Order published in the Gazette.
34. Annual tax
(1) The owner of every motor vehicle using a public road shall pay the annual tax set out in Schedule 10 and no person shall drive, or, being the owner, permit any other person to drive such motor vehicle on the public road unless the prescribed taxes have been paid to the Director of Customs and Inland Revenue.
(2) Where the motor vehicle is normally used on an Island other than Efate or Espiritu Santo, the rates of tax set out in Schedule 10 in respect of such vehicle shall be reduced by fifty percent.
(3) Any person contravening the provisions of subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding VT 20,000.
35. Payment of annual tax
(1) The tax prescribed in Schedule 10 shall become payable in full for 1 year on 1 January of each year, and shall be paid by 31 March of that year:
Provided that, if the said tax is not paid by 31 March aforesaid, but is paid in April, it shall be increased by 25 per cent and, if paid in May, by 50 per cent.
(2) Any person who fails to pay the said tax and the amount by which it has been increased before 31 May of the year in which it becomes due shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT 50,000.
36. Reduced tax
Where the commencement of use of any vehicle on a public road occurs after 1 January in any year the tax payable shall be proportionate in complete months to the period from the date of the said commencement of use to 31 December of the same year:
Provided that in this section any part of a month shall be deemed to constitute a complete month for the purpose of calculating the amount of the said tax.
37. Refund of tax
(1) Where any vehicle in respect of which tax has been paid –
(a) becomes definitively unusable; or
(b) is not in operation but is placed in storage;
the owner thereof may apply to the Director of Customs and Inland Revenue in writing for a refund of tax in respect of the period calculated in complete months –
(i) in the case of the said vehicle becoming definitively unusable, from the date of commencement of such unusability to 31 December of the same year; or
(ii) in the case of the vehicle not being in operation but placed in storage, of the said storage in excess of 5 months between the date of such placement and 31 December of the same year:
Provided that no part of a month shall be deemed to constitute a complete month for the purpose of calculating the amount of the said refund.
(2) For the purposes of this section the word "storage" shall include the mounting of a vehicle on blocks.
38. Display of sticker
Every owner of a vehicle being used on a public road shall display or cause to be displayed in a conspicuous position on the right hand side of the said vehicle, the sticker provided by the Director of Customs and Inland Revenue.
38A. Sticker not to be issued without roadworthy certificate and payment of fee
A sticker referred to in section 38 must not be issued to the owner of the vehicle unless –
(a) a valid roadworthy certificate is available for the vehicle at the time the sticker is issued; and
(b) the prescribed tax under section 34 for the vehicle has been paid.
39. Vehicle temporarily imported exempt from registration and from tax
The provisions of sections 33, 34, 35 and 38 shall not apply to a vehicle temporarily introduced into Vanuatu for a period not exceeding 4 months, in respect of which, upon application by the owner to the licensing authority, exemption has been granted from registration and payment of tax.
40. Notification of change of ownership
When the ownership of a motor vehicle changes the last owner and the new owner shall, within 7 days of such change of ownership, give notice thereof to the licensing authority stating the name and address of the new owner. The latter shall, within the same period, furnish the licensing authority with the registration book for registration of the change of ownership and shall pay the transfer fee prescribed by the Minister by Order.
PART 4A – REGISTRATION OF FOREIGN VEHICLES
40A. Interpretation
In this Part, "Minister" means the Minister responsible for finance.
40B. Registration
(1) The following documents shall be submitted to the Minister prior to the registration of a foreign vehicle –
(a) the original invoice from the vehicle manufacturer or selling agent;
(b) the former original vehicle registration certificate;
(c) original proof of valid third party insurance;
(d) original certificate of roadworthiness issued by a reputable vehicle inspection garage;
(e) a colour photograph of the said foreign vehicle;
(f) a colour photograph of the registered owner;
(g) a photocopy of the registered owner’s driving licence; and
(h) a photocopy of the registered owner’s passport.
(2) The Minister may approve or reject any application for the registration of any foreign vehicle.
40C. Annual registration requirements
The following documents shall be submitted to the Minister to effect annual registration renewal of a foreign vehicle –
(a) original proof of valid third party insurance; and
(b) original certificate of roadworthiness issued by a reputable vehicle inspection garage.
40D. Exemptions
Foreign vehicles shall be exempt from –
(a) the payment of the registration fee under section 33; and
(b) the payment of the annual tax under section 34.
40E. Fees
There shall be payable in respect of foreign vehicles the following fees –
(a) Registration fee VT 10,000;
(b) Transfer of ownership VT 5,000.
PART 5 – THIRD PARTY INSURANCE
41. Compulsory third party insurance
(1) No person shall use or cause or permit any other person to use any motor vehicle on a road unless there is in force in relation to that vehicle a policy of third party insurance covering liability arising from the use of such vehicle by any person on a road for the death or bodily injury of any person, other than a passenger in such motor vehicle issued by an insurance company.
(2) The amount of liability insured shall be unlimited.
(3) No such policy of third party insurance shall be avoided or vitiated by reason of any term or condition thereof whatsoever and any such term or condition of any policy of third party insurance shall be deemed to be null and void.
(4) The provisions of this section shall not apply to motor vehicles owned by the Government of Vanuatu.
PART 6 – DRIVING LICENCES
42. Driver of motor vehicle to have driving licence
Every driver of a motor vehicle other than a learner driver must be in possession of a driving licence delivered according to the provision of section 44. All learner drivers must be accompanied by a holder of a valid driving licence:
Provided that a person passing through or residing in Vanuatu for a period not exceeding 3 months shall be deemed to comply with the provisions of this section if he is in possession of a current international driving licence, or a current driving licence issued by the licensing authority of a country other than Vanuatu.
43. Driver to present driving licence and vehicle documents at request of police officer
Every person driving a vehicle on a public road must, upon request by a police officer, present within 5 days his driving licence, the vehicle registration book, the certificate of insurance and the certificate granted under section 32(2).
43A. Driving test
Any person wishing to obtain a driving licence issued under section 44 shall, in addition to requirements set out in that section, undertake oral, written and practical tests conducted by the Police Department which shall cover motor vehicles generally and matters pertaining to this Act.
44. Driving licences
Driving licences in the form prescribed in Schedule 3 shall be granted by the licensing authority upon payment of the fee prescribed by the Minister by Order to any applicant for such in the form prescribed in Schedule 4, provided that –
(a) in the case of applications for a licence to drive a common vehicle, the applicant has attained the age of 21 years and produces a certificate of medical fitness issued not more than 6 months previously;
(b) in the case of applications for licences to drive cars or motor cycles exceeding 125 cubic centimetres capacity, the applicant has attained the age of 18 years;
(c) in the case of applications for licences to drive motor cycles between 50 cubic centimetres and 125 cubic centimetres the applicant has reached the age of 16 years;
(d) in the case of applications to drive motor bicycles of less than 50 cubic centimetres capacity, the applicant has reached the age of 14 years;
(e) in all cases applicants do not suffer from any disease or physical disability of such a nature to render their driving of a vehicle a source of danger to the public.
45. Minimum age for driving motor vehicle or motor cycle
No person shall drive a motor vehicle or motor cycle exceeding 125 cubic centimetres capacity until he has attained the age of 18 years.
46. Duration of driving licences
A driving licence referred to in section 44 is to be granted by the licensing authority for a period of one year. In the case of loss or destruction, a duplicate may be delivered by the licensing authority upon payment of the fees prescribed by the Minister by Order.
46A. Renewing driving licences
(1) Subject to subsections (2) to (4), a driving licence is to be renewed by the licensing authority for a period of one year on or before the expiry of the driving licence.
(2) A driving licence is not to be renewed unless the holder of the licence pays to the licensing authority the renewal fee prescribed by the regulations.
(3) A driving licence is not to be renewed unless the licensing authority is satisfied that the holder of the licence does not suffer from any disease or physical disability of such a nature to render his or her driving of a vehicle a source of danger to the public.
(4) A driving licence is not to be renewed unless the holder of the licence produces to the licensing authority a medical certificate in the prescribed form within 28 days before the second anniversary of the date of the grant of the licence and every second anniversary thereafter.
46B. Old licences
(1) Subject to subsection (2), the holder of an old licence must pay an annual fee to the licensing authority in relation to the licence.
(2) An annual fee is not payable before 1 January 2005.
(3) The Minister may make regulations prescribing the amount of the annual fee and the date for payment.
(4) The licensing authority may, by notice in writing to the holder of an old licence, revoke the licence if the holder of the licence does not pay the annual fee by the due date.
(5) The licensing authority may, by notice in writing to the holder of an old licence, revoke the licence if the licensing authority is satisfied that the holder of the licence suffers from any disease or physical disability of such a nature to render his or her driving of a vehicle a source of danger to the public.
(6) The licensing authority is, by notice in writing to the holder of an old licence, to revoke the licence if the holder of the licence does not produce to the licensing authority a medical certificate in the prescribed form within 28 days before 1 January 2006 and every second 1 January thereafter.
(7) In this section, an old licence is a driving licence in force immediately before 1 January 2004.
47. Learner driver's licence
(1) No person shall drive a car as a learner driver unless he is in possession of a learner driver's licence issued in accordance with the provisions of this section.
(2) A learner driver's licence shall be –
(3) A holder of a learner driver's licence shall not carry any passengers other than the person instructing him.
(4) All persons holding a learner driver's licence shall display at front and rear of the vehicle a plate containing the letter "L" in red on a white background which letter shall be not less than 12 centimetres high;
(5) Any person driving as a learner driver who fails to comply with the provisions of subsections (1), (3) and (4) is guilty of an offence and on conviction shall be liable to a fine not exceeding VT 20,000.
48. Driving instructions
Driving instructions shall not be conducted within the town limits of Port Vila and Luganville between the hours of 7 a.m. and 8 a.m., 11 a.m. and 12 noon, 1 p.m. and 2 p.m., 4 p.m. and 5 p.m. on days other than holidays.
49. Certificate of ability to drive
A certificate of ability to drive a vehicle in the form prescribed in Schedule 5 shall be produced to the licensing authority by all applicants for a driving licence who are not holders of a current driving licence issued outside Vanuatu.
50. Entitlement to certificate of ability to drive
A certificate of ability to drive a vehicle may be delivered on demand by every examiner authorised for this purpose by the Minister to any person who –
(a) passes a driving test in the presence of such examiner; and
(b) has paid to the licensing authority the fees prescribed by the Minister by Order; and
(c) has not failed a driving test by another examiner within the previous 3 months.
Such application shall be made to any examiner.
PART 7 – OFFENCES AND PENALTIES
51. False declarations
It shall be an offence knowingly to make a false declaration in any application for a certificate, licence, permit or registration of a vehicle under the provisions of this Act.
52. Taking and driving away vehicle without consent
It is an offence to take and drive away any vehicle without the consent of the owner or of an authorised person.
53. Offences and penalties
(1) Except as provided in sections 12, 13, 14, 15, 20(3), 20A, 34, 35, 47, 55 and subsections (2) and (3) of this section, any person who contravenes a provision of this Act shall be guilty of an offence and shall be liable to a fine not exceeding VT 10,000 or to imprisonment not exceeding 1 month, or to both such fine and imprisonment:
Provided that a police officer of the rank of inspector or above, upon consideration of the report sent to him or if he himself establishes the contravention, may issue an offender with a compounding notice giving such offender the option of paying a fine on the scale prescribed by the Minister or appearing before the court for trial.
(2) Any person convicted by a competent court of offences against the provisions of section 11, 18, 23, 25, 32(3), 32(5), 42 or 45 shall be liable to pay a fine not exceeding VT 30,000 or to imprisonment not exceeding 3 months or to both such fine and imprisonment.
(3) Any person convicted by a competent court of offences against section 16, 41(1), 51 or 52 shall be liable to a fine not exceeding VT 100,000 or imprisonment not exceeding 1 year, or to both such fine and imprisonment.
53A. Offence for failure to pay tax or fee
(1) Any person who fails to pay any tax or fee payable under this Act by the date on which the fee or tax is payable (if any) is guilty of an offence punishable on conviction by a fine not exceeding VT 50,000.
(2) In subsection (1), tax includes the amount by which the tax payable under section 34 has been increased under section 35(1).
53B. Penalty notices
(1) A Customs officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence under section 53A or such other section as is prescribed by the regulations.
(2) A penalty notice is a notice to the effect that, if the person does not wish to have the offence determined by a court, the person may pay, within the time and to the person specified in the notice the amount of penalty prescribed by the regulations for the offence.
(3) If the amount of penalty prescribed for the purpose of this section for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
(4) A penalty notice may be served personally or by post.
(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil proceeding arising out of the same occurrence.
(6) The amount of penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.
(7) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(8) In this section –
"Customs officer" has the same meaning as in the Customs Act [Cap. 257].
54. Power of police officer to stop offenders
(1) Any police officer may challenge and summon to stop any driver of a vehicle who has committed an offence against the provisions of this Act in order to appraise him of the offence committed and to record particulars of identity.
(2) Any police officer may detain any vehicle concerned in an offence which seriously jeopardizes the safety of road users, the state of preservation of the public roads or their normal use.
(3) Upon a request from the owner of a vehicle detained under subsection (2), the vehicle is to be released temporarily to the owner for the sole purpose of having the vehicle repaired.
(4) Within one working day after the repairs are completed, the vehicle must be returned to the place of detention for inspection by a police officer and the owner must advise the officer of the repairs made to the vehicle.
(5) If upon inspection of the vehicle, the police officer is satisfied that the vehicle no longer seriously jeopardizes the safety of road users or the state of preservation of the public roads or their normal use, the vehicle is to be released to the owner.
(6) If upon inspection of the vehicle, the police officer is not satisfied that the vehicle no longer seriously jeopardizes the safety of road users or the state of preservation of the public roads or their normal use, the vehicle is to be released temporarily again to the owner for the sole purpose of having the vehicle repaired, and this subsection and subsections (4) and (5) apply in respect of the release.
(7) A vehicle is forfeited to the State if the owner does not make a request under subsection (3) within 10 working days after the detention.
54A. Power to stop vehicles
(1) Any police officer may challenge and summon to stop any driver of any vehicle for the purpose of determining whether or not –
(a) the vehicle has on display a sticker provided as required by section 38; or
(b) the vehicle is registered in accordance with the requirements of this Act.
(2) The police officer may detain the vehicle if he or she is satisfied that –
(a) the vehicle does not have on display a sticker as required by section 38; or
(b) the vehicle is not registered in accordance with the requirements of this Act.
(3) A detained vehicle must be released if within 10 working days or such longer period determined by a police officer after the detention –
(a) a sticker for the vehicle is provided as required by section 38; or
(b) the vehicle is registered in accordance with the requirements of this Act; or
(c) if applicable both paragraphs (a) and (b) are satisfied
(4) A detained vehicle is forfeited to the State if paragraph (a), (b) or (c) of subsection (3) (whichever applies) is not satisfied within the period mentioned in subsection (3).
(5) Upon a request from the owner of a vehicle detained under this section, the vehicle is to be released temporarily to the owner for the sole purpose of obtaining a roadworthy certificate (see section 32(2)) in order to obtain a sticker under section 38.
54B. Assistance to police officers
An officer appointed under section 19A of the Municipalities Act [Cap. 126] as a municipal warden may assist a police officer under section 54 or 54A.
55. Disqualification
(1) Where any person is convicted of an offence against section 12, 13, 14, 16, 41, 52 or this section, the court may, in addition to any punishment it may impose, disqualify that person from driving a motor vehicle for a period not exceeding 5 years.
(2) Where a person is disqualified from driving under this section, the court shall endorse his driving licence accordingly.
(3) Any person who drives his motor vehicle whilst disqualified from so doing under this section shall be guilty of an offence, and shall be liable to a fine not exceeding VT 100,000 or to imprisonment for a term not exceeding 1 year or to both.
PART 8 – MISCELLANEOUS
56. Refund of fees
Upon application, refund of any fees prescribed in Orders made under this Act may be authorised by the Minister. A copy of such application shall be sent to the licensing authority of the area in which the applicant resides.
57. Radar speed meters
(1) In any proceedings under this Act against any person for driving a motor vehicle at a speed in excess of the maximum lawful speed prescribed thereby, a certificate purporting to be signed by the Director of Public Works certifying that on any date not more than 4 months prior to the date of the commission of the alleged offence an approved radar speed meter operated by the Vanuatu Police Force has been tested and stating the degree of accuracy with which such radar speed meter recorded the speed of an approaching motor vehicle, shall be without proof of the signature of the said Director of Public Works admissible in evidence in such proceedings and in the absence of proof to the contrary shall be sufficient proof of the accuracy of such radar speed meter on the date of the commission of the alleged offence.
(2) For the purposes of subsection (1), the expression "an approved radar speed meter" means a radar speed meter of a type approved by the Minister.
57A. Exemptions
The Government shall, in respect of vehicles it owned, be exempt from –
(a) the payment of the registration fee under section 33; and
(b) the payment of the annual tax under section 34.
57B. Regulations
(1) The Minister may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or required to be prescribed and for the carrying out or giving effect to this Act.
(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may, from time to time, taking into account views of any interest group, make regulations as appear to him proper for the guidance and information for persons using the roads.
(3) A failure on the part of any person to observe any provisions of any regulation made under subsection (2) shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal and including proceedings for an offence under this Act) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
(4) The Minister may, with the prior approval of the Council of Ministers make regulations to amend, vary, replace or repeal any schedule other than schedule 10 to this Act.
58. Recovery of fees or taxes
(1) Any tax or fee payable under this Act is recoverable as a debt due to the State in a court of competent jurisdiction.
(2) In subsection (1), tax includes the amount by which the tax payable under section 34 has been increased under section 35(1).
59. Regulations
The Minister may make regulations –
(a) for or with respect to any matter that by this Act is required or permitted to be prescribed; or
(b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
SCHEDULE 1
(Section 33)
REGISTRATION OF A MOTOR VEHICLE
SCHEDULE 2
(section 33(3))
REGISTRATION BOOK FOR MOTOR VEHICLE
(a) Unladen .......................................................................................................
(b) Laden .......................................................................................................................
SCHEDULE 5
(section 44)
LICENCE TO DRIVE
Licence Number ........................ Delivered ................... day of ....................................... 19 .......... to drive ................................... vehicles in the following categories –
Common Vehicle:
Heavy Vehicle:
Motor Vehicle:
Motor Cycles of more than 125 c.c. capacity:
Motor Cycles of less than 125 c.c. capacity: but more than 50 c.c. capacity:
Motor Cycles of less than 50 c.c. capacity:
Photograph:
Personal Particulars –
(i) Date of Birth ...............................................................................................
(ii) Height ........................................................................................................
(iii) Colour of Eyes ............................................................................................
(iv) Colour of Hair ............................................................................................
Endorsements:
SCHEDULE 4
(section 44)
APPLICATION FOR DRIVING LICENCE
Name of Applicant .........................................................................................................
Address of Applicant ......................................................................................................
Date of Birth ...................................................................................................................
Height ............................................................................................................................
Colour of Eyes ..............................................................................................................
Colour of Hair ............................................................................................................
7. Category of Permit required –
Motor Cycle of less than 50 c.c. capacity;
Motor Cycle of less than 125 c.c. capacity but more than 50 c.c.;
Motor Cycle of more than 125 c.c. capacity; Motor Vehicle;
Heavy Motor Vehicle;
Common Vehicle;
8. Particulars of other Driving Licences held by the Applicant ...........................................
9. Has the Applicant already been refused a Driving Licence ...........................................
MEDICAL CERTIFICATE
I, the undersigned declare to the best of my knowledge that the applicant does not suffer from any illness or physical handicap which would be likely to cause public danger were he in charge of a motor vehicle.
Luganville: Port Vila:
SCHEDULE 5
(section 49)
CERTIFICATE OF ABILITY TO DRIVE
I, the undersigned, certify that M ....................................................... living at ................................................ has passed a driving test for the categories –
SCHEDULE 6
(section 5)
HAND SIGNALS
Motor Vehicle (right hand drive)
Hand signal for turning to the right
Motor Vehicle (right hand drive)
Hand signal for turning to the left
Motor Vehicle (right hand drive)
Hand signal to slow down or stop
Motor Vehicle (left hand drive)
Hand signal for turning to the left
Motor Vehicle (left hand drive)
Hand signal for turning to the right
Motor Vehicle (left hand drive)
Hand signal to slow down or stop
SCHEDULE 7
(section 20)
TRAFFIC SIGNS
The colour of the different signs is represented in accordance with the code hereunder –
White Royal blue
Cream Yellow
Red Green
A – WARNING SIGNS
1a Bend to right 1b Bend to left 1c Series of bends
2 Uneven road 3 Road narrows 4 Slippery road
5 Road works 6 Swing bridge 7 Level crossing with barrier ahead
A – WARNING SIGNS (continued)
8. Cross roads where the driver is obliged to give way to traffic on right
9. Junction of major and minor road
10. Give way to traffic on major road
8.a. Junction of minor road with a road on which a stop is obligatory
10.a. Distance to a stop sign ahead
11 Dangerous cross roads
12 Beware low flying aircraft
13a Children
13b Pedestrian crossing
15 Cattle
16. Steep hill (may be shown upwards or downwards)
14. Specific Danger Plate to indicate the nature of danger in two languages
17. Traffic signals
B – SIGNS GIVING ORDERS
2-PROHIBITORY SINGS
1 No entry
2a No left turn
2b No right turn
3 No overtaking
4 Stop for Customs
5 Stop for Police
6 No waiting 6a 6b
Waiting on one side alternately
7 All motor vehicles prohibited 8 With laden weight limit if necessary
9 No cycling 10 Stop and give way at cross roads
12. Width Limit
13. Height Limit
13a Maximum speed limit
13b Minimum speed limits
14 Other prohibitions as defined 15 Horns may not be used (except to avoid an accident)
16 Turn left ahead ONE WAY ONLY
17 Cyclists and riders of motorcycles of less than50 c.c. only
18 Roundabout keep right 19 End of maximum speed limit"END/FIN"
Note: In remaining cases a plate will be placed beneath the original prohibitory sign stating
C – INFORMATION SIGNS
1 Parking place 2 Hospital
3 Danger of fire 4 No through road 5 Miscellaneous information
of which the nature is mentioned
6 Entry to motorway 7 End of motorway
SCHEDULE 8
(section 32(2))
CERTIFICATE OF ROADWORTHINESS
I, ................................................................................. having examined motor vehicle/heavy vehicle/public vehicle Regd. No. .............................. hereby certify that it is apparently in a roadworthy condition.
Signed: ...............................................................
SCHEDULE 9
(section 32(3))
NOTICE TO SUBMIT VEHICLE FOR EXAMINATION
You ........................................................................................... are hereby required to submit motor vehicle Reg. No. ........................................................... for an examination by a person appointed for the purpose at ......................................................................... ...............................on ...................................................
Signed: ..........................................................
SCHEDULE 10
(section 34)
ANNUAL MOTOR VEHICLE TAX
(i) with an engine capacity of 100 c.c. or less VT 6,732;
(ii) with an engine capacity exceeding 100 c.c. VT 8,976;
(b) Motor Cars which expression includes any vehicle adapted for
the carriage of up to eight passengers on permanent seats:
(i) with an engine capacity of 1,100 c.c. or less VT 11,220;
(ii) with an engine capacity exceeding 1,100 c.c. but not exceeding 1,500 c.c. VT 14,586;
(iii) with an engine capacity exceeding 1,500 c.c. but not exceeding 2,000 c.c. VT 19,635;
(iv) with an engine capacity exceeding 2,000 c.c. but not exceeding 2,500 c.c. VT 25,245;
(v) with an engine capacity exceeding 2,500 c.c. VT 38,000;
(c) Other vehicles (including vehicles designed or adapted for
the carriage of more than eight passengers):
(i) designed to carry a payload of less than 1 ton VT 10,659;
(ii) designed to carry a payload of 1 ton but not exceeding 2 tons VT 21,318;
(iii) designed to carry a payload exceeding 2 tons but not exceeding 3 tons VT 31,416;
(iv) designed to carry a payload exceeding 3 tons but not exceeding 5 tons VT 40,392;
(v) designed to carry a payload exceeding 5 tons but not exceeding 10 tons VT 60,000;
(vi) designed to carry a payload exceeding 10 tons VT 85,000.
2. Automobile Dealer Trade Plate VT 38,000.
______________________________
Table of Amendments (since the Revised Edition 1988)
[Note that this Act was re-numbered in the 1988 Edition, but amending Act 55 of 1989 referred to the earlier section numbers. Where these are different, the earlier section numbers are in brackets following the Act.]
2 Amended by Acts 55 of 1989, 11 of 1990, 31 of 2003
4 Amended by Act 55 of 1989
15 Substituted by Act 55 of 89 [13A]
16A-16D Inserted by Act 4 of 1999
20(1) Amended by Act 55 of 1989 [18(1)]
20(4) Repealed by Act 55 of 1989 [18(4)]
20A Inserted by Act 55 of 1989 [18A]
26 Substituted by Act 55 of 1989 [25], amended by Act 31 of 2003
27 Amended by Act 55 of 1989 [26]
29 Amended by Act 55 of 1989 [28]
32(1) Amended by Act 31 of 2003
32(1A) Inserted by Act 31 of 2003
32(2) Amended by Act 31 of 2003
33(3) Amended by Act 1 of 1990
33(4) Inserted by Act 1 of 1990, amended by Acts 18 of 1992, 31 of 2003
33(5),(6) Inserted by Act 18 of 1992
34 Substituted by Act 55 of 1989 [33]
34(1) Amended by Act 31 of 2003
35(2) Amended by Act 55 of 1989 [33A]
37(1) Amended by Act 31 of 2003
38 Amended by Act 31 of 2003
38A Inserted by Act 31 of 2003
40A-40E Inserted by Act 11 of 1990
43A Inserted by Act 55 of 1989 [38A]
44 Amended by Act 9 of 1992
46 Amended by Act 31 of 2003
46A,46B Inserted by Act 31 of 2003
47(5) Inserted by Act 55 of 1989 [37A(5)]
53(1) Amended by Act 31 of 2003
53(2) Amended by Act 55 of 1989 [46]
53A,53B Inserted by Act 31 of 2003
54(3-7) Inserted by Act 31 of 2003
54A,54B Inserted by Act 31 of 2003
57A,57B Inserted by Act 55 of 1989 [47C, 47D]
58 Inserted by Act 31 of 2003
59 Inserted by Act 31 of 2003
Sched 10 Substituted by Act 55 of 1989 [Sched.H],
amended by Acts 18 of 1992, 46 of 2000, 31 of 2001
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