MADE by the Head of State, acting with, and in accordance with the advice of the National Executive Council, under Section 55 of the Road Traffic Act 2014 to come into operation by notice in the National Gazette.
(1) In this regulation, unless the context otherwise requires —
"Act" means the Road Traffic Act 2014;
"Authority" means the Road Traffic Authority established under Section 4 of the Act;
"land transport document" means a licence, permit, approval, authorisation, exemption, certificate, or a similar document issued under the Act;
"overloading offence" means an offence that is specified in Schedule 2;
"proceedings" in relation to an infringement offence, means proceedings under the Summary Offences Act 1977, and includes the issue of a traffic infringement notice under section 36 of the Act.
"provision" means a section of the Act or a section of the Road Traffic Rules;
"Road Traffic Rules" or "Rules" mean the ordinary rules made under Section 56 of the Act;
"stationary vehicle offence" means an offence that is specified under Schedule 3.
(2) A reference in this regulation to any provision includes every provision for the time being in force amending or made in substitution for that provision.
(3) The brief description of an offence given in the second column of Schedules 1 and 3 is intended only to be an indication of the content of the offence it describes, and is not intended to be used in interpretation of the provision.
(4) Abbreviations or terms used in the second column of Schedules 1 and 3 have the meanings given to those abbreviations or terms in the Act and the Road Traffic Rules.
2 Offences and penalties.
(1) A breach of a provision referred to in the first column of Schedule 1 or Schedule 3 is an offence against the Act.
(2) A person who commits an offence referred to in Subsection (1) is liable, on summary conviction, to a fine not exceeding the amount specified in relation to that offence in the fourth column of Schedule 1 or Schedule 3.
(3) For the purposes of Subsections (1) and (2), a traffic summons may be issued under Section 37 of the Act in accordance with Form 28.
(4) For the purpose of any proceedings under this section and notwithstanding any other law, the description of an offence briefly described shall be deemed to include the offence prescribed in the relevant section of the Act or the Road Traffic Rules, referred to in the first column of Schedule 1 or Schedule 3.
(5) Penalties referred to in Subsection (2) shall be paid to the Clerk of the Court named in the traffic summons.
3 Infringement offences and penalties.
(1) A breach of a provision referred to in the first column of Schedule 1 or Schedule 3 for which an infringement fee is specified in that schedule is an infringement offence against the Act.
(2) The penalty for an offence referred to in Subsection (1) is the infringement fee specified in the third column of Schedule 1 or Schedule 3.
(3) The infringement fee referred to in Subsection (1) shall be paid to the enforcement authority specified in the notice.
4 Issue of traffic infringement notice.
(1) If a Traffic Enforcement Officer has reasonable cause to believe an infringement offence is being or has been committed by a person, a traffic infringement notice in respect of that offence may be issued under Section 36 of the Act to that person by a Traffic Enforcement Officer.
(2) A traffic infringement notice may be served —
(a) by attaching it, or a copy of it, to the vehicle to which the notice relates; or
(b) by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
(c) by sending it, or a copy of it, by post addressed to him or her at his last known place of residence or business or postal address; or
(d) if the person is a holder of a land transport document, by serving it, or a copy of it, by post on that person at his last address for service provided for the purposes of that document.
(3) For the purposes of the Summary Offences Act 1977 —
(a) a traffic infringement notice attached to a vehicle under Paragraph (a) of Subsection (2) is to be treated as having been served when it is attached to the vehicle; and
(b) a traffic infringement notice sent to a person by post under Paragraph (c) or Paragraph (d) of that subsection is to be treated as having been served on the person when it would have been delivered in the ordinary course of post.
5 Forms of traffic infringement notice.
(1) A traffic infringement notice in respect of an infringement offence, other than an overloading offence or a stationary vehicle offence, must be in accordance with Form 29 in Schedule 4.
(2) A traffic infringement notice for an overloading offence must be in accordance with Form 29A in Schedule 4.
(3) A traffic infringement notice for a stationary vehicle offence must be in accordance with Form 29B in Schedule 4.
6 Reminder notice.
A reminder notice must be in accordance with Form 29C in Schedule 4.
7 Owner liability for stationary vehicle offence.
(1) Proceedings for a stationary vehicle offence may be taken against one or more of the following persons (whether or not, in the case of a person referred to in Paragraph (b) or (c), the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed):
(a) the person who allegedly committed the offence; or
(b) the person who, at the time of the alleged offence was registered as the owner, or one of the owners, under section 6 of the Road Traffic Rules -Registration of Motor Vehicles, in respect of the vehicle involved in the offence; or
(c) the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether or not jointly with any other person).
(2) Subject to subsection (4), in any proceedings taken against a person under subsection (1)(b) or (c), in the absence of proof to the contrary, it must be presumed that —
(a) the person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
(b) the acts or omissions of the driver, person in charge, or user of the vehicle at that time, were the acts or omissions of the first-mentioned person.
(3) It is a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Criminal Justice (Sentences) Act 1986 or the Summary Offences Act 1977, become liable to pay a fine or costs, or both, in respect of the offence.
(4) It is a defence to proceedings taken against a person under Subsection (1)(b) or (c) if —
(a) the person proves that, at the time the alleged offence was committed—
(i) he was not lawfully entitled to possession of the vehicle (either jointly with any other person or individually); or
(ii) another person was unlawfully in charge of the vehicle; and
(b) as soon as practicable after becoming aware of the alleged offence, he advised the enforcement authority in writing that, at the time the offence was committed, he was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and
(c) he has given the enforcement authority a statutory declaration that —
(i) identifies another person who was, at the time of the alleged offence, lawfully entitled to possession, or was unlawfully in charge, of the vehicle by providing —
(A) the full name and full address of the other person; and
(B) any other identifying particulars of the other person that are known to the person making the declaration (for example, the other person's date of birth, occupation, and telephone number); or
(ii) establishes that the person making the declaration was unable to identify the other person after taking all reasonable steps to do so.
(5) In the case of any stationary vehicle offence, any defence available under subsection (3) or (4) is, in addition to and not in substitution, for any defences available under the enactment creating the offence.
8 Overloading offences.
(1) A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the person operates the vehicle or combination of vehicles in breach of the applicable prescribed maximum gross weight limits for motor vehicles or prescribed maximum weight limits for axles or groups of axles of motor vehicles.
(2) Separate offences are committed in respect of every axle, every group of axles, and the total number of axles of a heavy motor vehicle or combination of vehicles, if the weight on that axle or axles exceeds the relevant prescribed maximum gross weight limit or prescribed maximum weight limit.
(3) If a person commits an infringement offence against this section, the person must pay the.