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The Laws of ZambiaREPUBLIC OF ZAMBIATHE ROADS AND ROAD TRAFFIC ACTCHAPTER 464 OF THE LAWS OF ZAMBIACHAPTER 464 THE ROADS AND ROAD TRAFFIC ACTTHE ROADS AND ROAD TRAFFIC ACTARRANGEMENT OF SECTIONSPART IPRELIMINARYSection1.Short title and commencement2.InterpretationPART IIROADS: GENERAL3.Classification of roads3A.-3G.Repealed by Act No. 35 of 1995 (now Cap. 471)Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia4.Territorial main roads5.District roads6.Branch roads7.Rural roads8.Estate roads9.Exemption of roads from certain provisions of this Act10.Public roads dedicated to public use11.Service of notice in Reserves, etc.12.Highway authorities in local authority areas13.Width of roads14.Control points of access, structures, etc.15.Opening of branch roads16.Report and recommendations to be submitted to Minister17.Branch roads may be designated district roads18.Consideration and determination of application19.Reclassification, closure or diversion of road20.Notice to be given21.Disposal of storm water22.Storm water from land adjoining23.Control of roads and traffic24.Powers of highway authority to control traffic25.Traffic signs26.Temporary traffic signs27.Control of advertisements28.Removal or alteration of advertisements29.Exceptions30.Experimental schemes of traffic controlPART IIICARE, MAINTENANCE AND CONSTRUCTION OF ROADSCopyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia31.Care, maintenance and construction of roads32.Liability of highway authorities and their staff33.Power of highway authority to enter upon land34.Power to construct and maintain deviations35.Power to reserve land for proposed roads36.Reservation of road reserve37.Withdrawal or modification of reservation38.Unauthorised acts on reserved land39.Compensation40.Power to take materials for roadworks41.Highway authorities' employees may park vehicles, erect huts, etc., on privateland42.Contractors may exercise rights granted to highway authority43.Power to undertake ancillary works44.Provision of footpaths, cycle tracks, etc.45.Ferries and pontoons46.Power to make rules controlling the construction of cattle grids47.Prevention of damage, etc., to roads48.Regulation of undertakers' works49.Execution of undertakers' works50.Undertakers to provide warning and safety precautions51.Works at railway crossings52.Removal of apparatus53.Powers enjoyed by electricity undertakings54.Limitation of time in which works may be executedPART IVROAD BOARDSSection55.Constitution of road boards56.Disqualifications57.Vacation of office58.Suspension or removal of member59.Period of membership60.Vacancies61.Quorum62.Functions of road boards63.Interest of membersCopyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of ZambiaPART VREGISTRATION OF MOTOR VEHICLES AND TRAILERS64.Appointment of Road Traffic Commissioner and other officers65.Motor vehicle and trailer registers66.Registration of motor vehicles and trailers67.Change of ownership68.Position of registered owner who is not absolute owner69.Furnishing evidence of weights and dimensions of motor vehicle or trailer70.Previous registration deemed to be registration under this Act71.Temporary registration cards72.Details required73.Particulars to be endorsed on application form74.Motor vehicle or trailer deemed to be registered, etc.75.Special examination of motor vehicles and trailers76.Tests of satisfactory condition of motor vehicles and trailers77.Obligatory test certificates78.Provisions not applicable to vehicles to which Part XI applies79.Destruction or permanent removal of motor vehicles or trailers from Zambia80.Exemptions from need for registration81.Registration marks82.Offences in connection with registration marksPART VIVEHICLE LICENSINGCopyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of ZambiaSection83.Vehicles to be licensed84.Form of licence85.Duration of licence86.Owner paying tax to receive licence or token87.Transfer of licence of vehicle other than motor vehicle or trailer88.Application for licence89.Issue of licences90.Conditions to be satisfied before issue of licence91.Alteration in conditions on which licence is issued92.Suspension or refusal of licences93.Duplicate motor vehicle and trailer licences94.Duration of licence95.Taxes96.Disposal of taxes97.Licence to be carried on motor vehicle or trailer98.Penalty for affixing false licence or token99.Motor dealer's vehicle licence100.Use of motor dealer's vehicle licence101.Motor dealer's identification plates102.Duration of motor dealer's vehicle licence103.Fee for motor dealer's vehicle licence104.Cancellation of motor dealer's vehicle licence105.Motor dealer's vehicle licence not to be misused106.Farm vehicle licences107.Contract cars108.Power to remit fees109.Provisions of Part VI not to apply to certain vehiclesPART VIIDRIVING LICENCES: ISSUE, TESTING, ETC.Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of ZambiaSection110.Necessity to hold driving licence111.Application for issue of driving licence112.Driving tests113.Provisional driving licences114.Physical fitness115.Classes of motor vehicle116.Age of driver117.Driving test fees118.Form and duration of licences119.Fees for licences120.Revocation, etc., of driving licences121.AppealsPART VIIIDRIVING LICENCES: SUSPENSION, CANCELLATION, ENDORSEMENT122.Powers of court123.Right of appeal124.Production of driving licence for endorsement125.Suspended licence to be of no effect126.Application for removal of disqualification127.Removal of disqualification no longer provided for128.Fraudulent application for driving licence129.Particulars of endorsement to be copied on new licence130.Applying for licence without disclosing endorsement131.Issue of new licence free from endorsement132.Removal of endorsementPART IXCOMPULSORY THIRD PARTY INSURANCECopyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia133.Users of motor vehicles to be insured against third party risks134.Saving in respect of liability135.Requirements in respect of policies of insurance136.Requirements in respect of securities137.Right of injured party to proceed against insurer138.Certain conditions in policy to be of no effect139.Avoidance of contracts so far as restrictive of liability in respect of death of orinjury to passengers in public service vehicles140.Hospital expenses141.Documentary proof of existence of insurance policy142.Production of certificate of insurance143.Customs officer may refuse to permit entry of uninsured vehicle144.Making false statements145.Certificate of insurance or security to be produced before issue of licence146.Duty of insurer when policy is cancelled, etc.PART XPUBLIC SERVICE VEHICLES AND PUBLIC SERVICES147.Road Transport Panel148.Public sittings149.Use of vehicles as public service vehicles for carriage of goods150.Vehicles standing or plying for hire or used for carriage of persons for reward150A. Prohibition of the use of station wagons as taxicabs, etc.151.Terms, etc., of road service licences to be observed152.By whom road service licence to be held, etc.153.Notice to be given to Commissioner of alteration to vehicles154.Authorised vehicles not to be changed without permission except in emergency155.Road service licences156.Short-term licences157.Extension of validity of licences158.Road Service Appeal Tribunal159.Protection of chairman of Tribunal and Commissioner160.Records and returns161.Number of passengers: weights of public service vehicles162.Touting163.Driver of public service vehicle to wear badge164.Drivers of public service vehicles-restriction on supply and consumption ofliquor165.Tickets and faresCopyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of ZambiaPART XIEXAMINATION OF CERTAIN CLASSES OF VEHICLES: CERTIFICATES OF FITNESS166.Application of Part XI167.Certificates of fitness168.Form and display of certificate of fitness169.Period of validity170.Defects171.Examination on direction of licensing officer172.Inspection by road traffic inspector173.Examination by other examiners174.Appeals175.Prescribed fees176.Exemptions177.OffencesPART XIIEXCLUSIVE CONCESSIONS178.Power to grant concessions179.Particulars to be given to Commissioner180.Restrictions on other operators181.Saving for existing operators182.Revocation of road service licence held by existing operator183.Termini of non-concession routes184.Duty of concession holder to provide services185.Prescribed fees186.Powers of Commissioner187.Saving for mails, parcels and luggage188.Through running agreements189.Undertaking at disposal of Government in emergency190.Expiration of concession191.Determination of concession by legislationPART XIIIOFFENCES: GENERALCopyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of ZambiaSection192.Speed limits193.Road racing194.Exemption of fire engines, etc., from speed limits195.Careless driving196.Reckless or dangerous driving197.Being in charge of motor vehicle when under influence of drink or drugs198.Driving when under influence of drink or drugs198A. Arrested person to submit to medical examination198B. Arrested person to provide specimen199.Causing death by reckless or dangerous driving of motor vehicles200.Warning to be given before prosecution201.Driving motor vehicle in dangerous condition202.Loads to be secure203.Vehicles to give way to all locomotives at railway crossings204.Travelling backwards205.Sound warnings206.Position of driver207.Limitation of number of occupants of motor vehicles208.Traffic signs and signals to be obeyed209.Stopping of vehicles at school crossings210.Failure of driver of motor vehicle to render assistance to injured person211.Duty to stop in case of accident212.Additional powers of police and others: requirements to be obeyed213.Powers concerning vehicles suspected of being used as public service vehicles214.Obstruction of roadway by vehicles215.Disabled vehicles216.Removal of vehicles from roads217.Engine to be stopped when vehicle unattended218.Opening doors of vehicles219.Silencer220.Discharge of oil and smoke221.Filling petrol, etc.222.Prohibition of sale of vehicles in a condition not complying with regulations asto construction, etc.223.Prohibition of use of vehicles not complying with regulations as to construction,etc.224.Pillion riding on motor cycle225.Application to pedal cyclists of provisions relating to certain driving offences226.Brakes, etc., on bicycles and tricycles227.Excessive loads on two-wheeled vehicles228ThitiCopyrightlt Ministryfhi lof Legal Affairs, Government of the Republic of Zambia

The Laws of ZambiaPART XIVMISCELLANEOUS PROVISIONS242.Control of parking charges on roads243.Limitation of time for which drivers of certain vehicles may remain continuouslyon duty244.Protective helmets for motor cyclists245.Maximum weights that may be transmitted to roads246.Control of driving schools and of the teaching for gain of driving247.Instructors' licences and driving school licences248.Appeals concerning driving school licences or instructors' licences249.Instructors' licences and driving school licences not transferable250.Inspection of premises, etc.251.Certificate of examination to be admissible in evidence252.Admissibility as evidence of certificates relating to ownership or driver of motorvehicles253.Registers, etc., to be accepted as evidence254.Doubt concerning classification of vehicles255.Liability of driver and owner for offences256.Persons empowered to examine vehicles exempted from liability for damage257.Highway Code258.Regulations259.Exemption of vehicles from compliance with regulations relating to constructionand equipment, and exemption from provisions of this Act260.Repeals and savings261.Application of Parts XIII and XIV to StateFIRST SCHEDULE-Taxes payable on annual licencesSECOND SCHEDULE-Cancellation, suspension and endorsement of driving licencesTHIRD SCHEDULE-Prescribed feeAPPENDIX-Existing international or inter-territorial roadsCHAPTER 464Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of ZambiaROADS AND ROAD TRAFFICAn Act to make provision for the care, maintenance and construction of roads inZambia, for the control of motor traffic, for the licensing of drivers and motorvehicles, for the compulsory third party insurance of motor vehicles, for thelicensing and control of public service vehicles and public services, and forother miscellaneous provisions relating to roads and motor traffic.[Parts I, II, III (sections 31-47), V (section 64), VIII, XII(sections 178-181 and 183-191), XIII (sections 192-206, 208, 210-217, 219-222, 224-229and 231-241) and XIV (sections242, 243, 251-255, 257, 258, 260 and 261-6th March, 1959][Part IX (sections 133-142 and 144-146)-1st July, 1959][Parts V and VI-1st January, 1960][Part XIII (section 223)-26th August, 1960][Part XII (section 182)-15th September, 1961][Part XIV (section 250)-1st November, 1961][Part XIV (sections 246-249)-1st December, 1961][Parts VII and X (sections 147-149 and 153-165)1st February, 1962][Parts XI and XIV (sections 245 and 259)-1st December, 1962][Part XIV (section 256)-19th July, 1963][Parts IX (section 143), X (sections 150-152) and XIII (sections 207, 209, 218 and230)-29th April, 1966][Part XIII (sections 198A and 198B)-24th December, 1971]37 of 195819 of 195926 of 195938 of 196017 of 196124 of 196325 of 196337 of 196337 of 196519 of 196644 of 19684 of 196925 of 196950 of 19703 of 197142 of 1971Government Notices275 of 1964293 of 1964497 of 1964Statutory Instruments36 of 1964122 of 1965Acts No.6 of 19733 of 197335 of 19743 of 197510 of 19766 of 197715 of 19794 of 19853 of 198829 of 19893 of 199014 of 19917 of 199213 of 19944 of 199313 of 199435 of 1995PART IPRELIMINARY1.This Act may be cited as the Roads and Road Traffic Act.Short title andcommencement2.In this Act, unless the context otherwise requires-Interpretation"advertisement" includes any structure or apparatus erected, or intended, for thedisplay of advertisements, but shall not include a traffic sign prescribed orauthorised under the provisions of section twenty-five;"Agricultural Officer" means an Agricultural Officer or a Land Settlement Officer ofthe Government, and any other person declared by the Minister by Gazettenotice to be an Agricultural Officer;Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia"animal" means any horse, cattle, ass, mule, sheep, pig, goat or dog;"auto cycle" means a bicycle which has pedals and a motor attached and can bepropelled by means of such pedals and by mechanical or electrical powerfrom such motor;"axle weight" means, in relation to an axle of a vehicle, the aggregate weighttransmitted to the surface of the road or other base whereon the vehiclemoves or rests by the several wheels attached to that axle;"bicycle" shall include a tricycle;"carriageway" means that part of a road designed and constructed to be used forvehicular traffic or used or reasonably usable for the time being for thatpurpose, but shall not include a cycle track;"code" means the Highway Code authorised under section two hundred andfifty-seven;"the Commissioner" means the Road Traffic Commissioner appointed under thisAct, and shall include the Deputy Road Traffic Commissioner and anAssistant Road Traffic Commissioner when exercising such functions of theRoad Traffic Commissioner as may be delegated to him by the Road TrafficCommissioner under the provisions of section sixty-four;"concession" means an exclusive concession granted under the provisions ofsection one hundred and seventy-eight;"concession area" or "concession road" means any area or road, as the case maybe, in or on which a concession holder is authorised by his concession toprovide a motor omnibus service;"concession holder" means a person to whom a concession has been granted;"construction vehicle" means-(a)a motor vehicle incorporating water-boring machinery, orconstruction machinery of the nature of a crane, grader, shovel,scraper, pipelayer, cablelayer, or of such other nature as may beprescribed;(b)any motor vehicle or class of motor vehicle which may be regulationbe declared to be a construction vehicle;Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia"contract car" means a motor vehicle primarily constructed or adapted for thecarriage of passengers and having seating accommodation for not morethan seven persons other than the driver which is let out on hire to a hirerwho is himself to drive or provide the driver for such motor vehicle;"cycle track" means a portion of a road exclusive of the carriageway set aside foruse solely by persons riding bicycles;"driver", in relation to a vehicle, means the person or persons having control of thesteering apparatus thereof, and in respect of a trailer, means the person orpersons driving the vehicle by which the trailer is being drawn, and inrespect of an animal-drawn vehicle, means the person or persons drivingthe animals; and "drive" has a corresponding meaning;"driving examiner" means any person appointed under the provisions of this Act toexamine persons for driving licences;"existing operator" means any person who, at the date of the grant of aconcession, is providing a motor omnibus service along any road or in anyarea in respect of which such concession is granted;"fare" means the amount paid or payable for a passenger's conveyance in a publicservice vehicle or for the hire of a whole passenger-carrying public servicevehicle, and includes any sum paid or payable for the conveyance ofluggage in excess of any free allowance and any other sums lawfullycharged or chargeable by the owner of a public service vehicle or by hisrepresentative in connection with the conveyance of a passenger in suchvehicle;"footpath" means a portion of a road exclusive of the carriageway set aside for usesolely by pedestrians;"free area" or "free road" means an area or road, as the case may be, to which noconcession applies;"gate" means a swing gate of sufficient width to allow the reasonable free use ofthe road, having regard to the traffic thereon, and of not less width thanfourteen feet, having a balance or catch or other free fastener so fixed as toenable the gate to swing clear of the road free from drag;"goods" includes goods or burden of any description;"goods vehicle" means a motor vehicle constructed or adapted for use primarily forthe carriage or haulage of goods, or a trailer so constructed or adapted;"gridiron track" means a track constructed through an opening in a fenceintersecting a road, with the object of allowing the passage of vehicles andpreventing the passage of livestock;Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia"gross weight" means the net weight of a motor vehicle or trailer together with suchweight of goods or passengers or both as the vehicle or trailer may beauthorised in terms of this Act to carry;"heavy trailer" means a trailer exceeding eight thousand pounds gross weight;"heavy vehicle" means a motor vehicle exceeding eight thousand pounds grossweight;"heavy goods vehicle" means a heavy vehicle, constructed or adapted for use forthe carriage or haulage of goods, or a heavy trailer so constructed oradapted;"highway authority" means the authority responsible for the construction, care andmaintenance of any road or class of road in accordance with the provisionsof this Act;"hire car" means a public service vehicle having seating accommodation for notmore than seven persons other than the driver which is let with a driverunder contract over a period which is not less than twenty-four hours for thecarriage of passengers otherwise than at separate fares;"identity card" means, in the

12. Highway authorities in local authority areas 13. Width of roads 14. Control points of access, structures, etc. 15. Opening of branch roads 16. Report and recommendations to be submitted to Minister 17. Branch roads may be designated district roads 18. Consideration and determination of application 19. Reclassification, closure or diversion .

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