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Road Traffic (Control) (Amendment) Act 2003

REPUBLIC OF VANUATU

THE ROAD TRAFFIC (CONTROL) AMENDMENT ACT
NO. 31 OF 2003

Arrangement of Sections

1. Amendments
2. Commencement
   

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REPUBLIC OF VANUATU

Assent: 18^th December ,2003
Commencement: 1^st January, 2004

THE ROAD TRAFFIC (CONTROL) AMENDMENT ACT
NO. 31 OF 2003

An Act to amend the Road Traffic (Control) Act [Cap 29].

Be it enacted by the President and Parliament as follows-

1. Amendments
   

The Road Traffic (Control) Act [Cap 29] is amended as set out in the Schedule.

2. Commencement
   

(1) Subject to subsection (2), this Act commences on 1 January 2004.

(2) Items 9, 10 and 11 of the Schedule commence on a date prescribed by order by the Minister.

Schedule

Amendments of the Road Traffic (Control) Act [Cap 29]

1 Section 2 (definition of licensing authority)

Delete "Collector of Rates and Taxes", substitute "Director of Customs and Inland Revenue".

2 Section 26

After "background", insert "or such other colours as the Minister by order prescribes".

3 Subsection 32(1)(definition of licensed)

Repeal the definition.

4 Subsection 32(1)

Insert in its correct alphabetical position

"vehicle examiner means a person being a garage proprietor in possession of a valid licence issued under the Business Licence Act No. 19 of 1998 or a person authorised under subsection (1A).".

5 After subsection 32(1)

Insert

"(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.".

6 Subsection 32 (2)

Delete all the words from and including "licensed" to and including "said garage proprietor" (second occurring) substitute "vehicle examiner for examination for the purpose of the vehicle examiner ascertaining that it is in a roadworthy condition and, if the vehicle examiner".

6A Subsection 33(4)

Delete "2% of the retail purchase price", substitute "4% of the retail purchase price, excluding any tax or duty payable under any Act or instrument".

6B Subsection 33(4)

Delete "2% of the declared fair market value", substitute "4% of the declared fair market value, excluding any tax or duty payable under any Act or instrument".

7 At the end of section 34

Add

"to the Director of Customs and Inland Revenue".

8 Paragraph 37(1)(b)

Delete "Collector of Rates and Taxes", substitute "Director of Customs and Inland Revenue".

9 Section 38

Delete "on the payment of the prescribed tax".

10 Section 38

Delete "Collector of Rates and Taxes", substitute "Director of Customs and Inland Revenue".

11 After Section 38

Insert

"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".

12 Section 46

Delete all the words from and including "Driving licences are" to and including "previous 12 months.", substitute "A driving licence referred to in section 44 is to be granted by the licensing authority for a period of one year.".

13 After section 46

Insert

"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.".

14 Subsection 53(1)

Delete "Chief Justice" substitute "Minister".

15 After Section 53

Insert

"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 subsection 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 for 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 No. 15 of 1999.".

16 At the end of section 54

Add

"(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.".

17 After section 54

Insert

"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 3(a),(b) or (c) (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 subsection 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.".

18 At the end of the Act

Add

"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 subsection 35(1).

59 Regulation

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 is necessary or convenient to be prescribed for carrying out or giving effect to this Act.".

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