ROAD TRAFFIC ACT
Arrangement of Sections
PART II
THE ROAD TRANSPORT AND SAFETY AGENCY
3. Establishment of Agency
4. Functions and powers of Agency
5. Board of Agency
5A. Functions of Board
5B. Delegation of functions of Board
5C. Committee of Ministers
6. Director, Secretary and other staff
PART III
REGISTRATION OF MOTOR VEHICLES AND TRAILERS
7. Motor vehicle and trailer registers
9. Registers etc. to be accepted as evidence
10. Requirements for clearance of motor vehicle
11. Registration of motor vehicles and trailers
12. Sale or transfer of motor vehicle
13. Change of ownership
13A. Security interest in motor vehicle
14. Position of registered owner who is not absolute owner
15. Furnishing evidence of weights and dimensions of motor vehicle or trailer
16. Temporary registration card
17. Details required for temporary registration
18. Particulars to be endorsed on application forms
19. Motor vehicle or trailer deemed to be registered, etc.
20. Special examination of motor vehicles and trailers
21. Test of satisfactory conditions of motor vehicles and trailers
22. Certificate of examination to be admissible in evidence
23. Obligatory test certificate
24. Provisions not applicable to vehicle to which Part IX applies
25. Destruction or permanent removal of motor vehicle or trailer from Zambia
26. Exemptions from registration
28. Prohibition of manufacture of number plates without serial number
29. Offences in connection with registration marks
PART IV
VEHICLE LICENSING
30. Vehicles to be licensed
31. Form of licence
32. Duration of licence
33. Owner to receive licence or token
34. Transfer of licence of vehicle other than motor vehicle or trailer
35. Application for licence
36. Issue of licences
37. Conditions to be satisfied before the issue of motor vehicle licence
39. Duration of licence
40. Suspension or refusal of licence
41. Duplicate motor vehicle and trailer licence
43. Licence to be carried on motor vehicle or trailer
44. Penalty for affixing false licence or token
45. Motor dealer’s vehicle licence
46. Use of motor dealer’s vehicle licence
47. Motor dealer’s identification plates
48. Duration of motor dealer’s vehicle licence
49. Fees for each identification number of motor dealer’s vehicle licence
50. Cancellation of motor dealer’s vehicle licence
51. Motor dealer’s vehicle licence not to be misused
52. Farm vehicle licence
54. Duty to remit fees
55. Provisions of Part IV not to apply to certain vehicles
PART V
LICENSING OF DRIVERS OF MOTOR VEHICLES AND DRIVING SCHOOLS
56. Driver of motor vehicle to be licensed
57. Tests of competence to drive
58. Review of conduct of tests
59. Application for issue of driving licence
61. Provisional driving licences
63. Classes of motor vehicle
65. Driving test fees
66. Form and duration of licences
67. Fees for licences
68. Revocation, etc., of driving licences
70. Control of driving schools and of the teaching for gain
71. Instructor’s licences and driving school licences
72. Appeals concerning driving school licences or instructor’s licences
73. Instructor’s licences and driving school licences not transferable
74. Inspection of premises, etc.
PART VI
ENDORSEMENT, SUSPENSION AND CANCELLATION OF DRIVING LICENCES
75. Powers of court
76. Right of appeal
77. Production of driving licence for endorsement
78. Suspended licence to be no effect
79. Application for removal of disqualification
80. Removal of disqualification no longer provided for
81. Fraudulent application for driving licence
82. Particulars of endorsement to be copied on new licence
83. Applying for licence without disclosing endorsement
84. Issue of new licence free from endorsement
85. Removal of endorsement
PART VII
COMPULSORY THIRD PARTY INSURANCE
86. Users of motor vehicles to be insured against third party risks
87. Saving in respect of liability
88. Requirements in respect of policies of insurance
89. Requirements in respect of securities
90. Right of injured party to proceed against insurer
91. Certain conditions in policy to be of no effect
92. Avoidance of contracts of conveyance so far as restrictive of liability in respect of death or injury to passengers in public service vehicles
94. Documentary proof of existence of insurance policy
95. Production of certificate of insurance
96. Customs Officer may refuse to permit entry of uninsured vehicle
97. Making false statements
98. Certificate of insurance or security to be produced before issue of licence
99. Duty of insurer when policy is cancelled, etc.
PART VIII
LICENSING OF PASSENGER PUBLIC SERVICE VEHICLES AND GOODS VEHICLES
100. Use of vehicles as public service vehicles
101. Use of motor vehicle as goods vehicle
102. Authorised motor vehicles
103. Terms of public service vehicle road service licence or goods vehicle road service licence
104. Person required to hold public service vehicle road service licence or goods vehicle road service licence
105. Notice to Director of alteration of motor vehicle
106. Temporary substitution of authorised vehicles in emergency
107. Application for public service vehicle road service licence, goods vehicle road service licence and objections to application
108. Issuance of public service vehicle road service licence or goods vehicle road service licence
109. Duration of public service vehicle road service licence or goods vehicle road service licence
110A. Variation of public service vehicle road service licence or goods vehicle road service licence
110B. Revocation or suspension of road service licence
110C. Application for public service vehicle or goods vehicle road service licence for rural feeder service
110D. Short term licence
110E. Extension of validity of licence
111. Road Service Appeal Tribunal
112. Appeal to Tribunal
113. Protection of Chairperson of Tribunal and Director
114. Obligation to keep records and returns
115. Number of passengers, weights of public service vehicles
117. Driver of public service vehicle to wear uniform
118. Prohibition of supply and consumption of liquor or narcotic drugs by driver of public service vehicle
119. Limitation of time for which drivers of certain vehicles may remain continuously on duty
120. Tickets and fares
PART IX
EXAMINATION FOR CERTIFICATE OF FITNESS FOR CERTAIN CLASSES OF VEHICLES
121. Application of Part IX
122. Certificates of fitness
123. Form and display of certificate of fitness
124. Period of validity of certificates of fitness
126. Examination on suspension of vehicle being unfit
127. Inspection by road traffic inspector
128. Examination by other examiners
129. Persons empowered to examine vehicles exempted from liability for damage
PART X
EXCLUSIVE CONCESSIONS
134. Power to grant concessions
135. Particulars to be given to Director
136. Restriction on other operators
137. Saving for existing operators
138. Revocation of road service licence held by existing operator
139. Termini of non-concession routes
140. Duty of concession holder to provide services
142. Powers of Director
143. Savings for mails, parcels and luggage
144. Express running agreements
145. Undertaking at disposal of Government in emergency
146. Expiration of concession
147. Determination of concession by legislation
PART XI
ROAD SAFETY PROVISIONS AND DRIVING OFFENCES
149. Exemption of drivers of fire engines, etc. from speed limit
150. Certain classes of motor vehicles to contain recording device to measure speed
155. Reckless or dangerous driving
156. Being in charge of motor vehicle when under influence of intoxicating liquor or a narcotic drug
157. Driving when under influence of intoxicating liquor or narcotic drugs
158. Driver to submit to medical examination
159. Detention of persons affected by intoxicating liquor a narcotic drug
161. Causing death by reckless or dangerous driving
162. Warning to be given before prosecution
163. Driving motor vehicle in dangerous condition
164. Loads to be secure
165. Position of driver
166. Limitation of numbers of occupants of motor vehicles
167. Obligation to wear seat belts
168. Restrictions on carrying children not wearing seat belts in motor vehicles
169. Driving when using a hand held mobile telephone
170. Drivers to obey traffic signs
171. Vehicles to give way to all locomotives at railway crossings
172. Stopping of vehicles at school crossing
173. Side of the road on which vehicle is to be driven
174. Driving on divided public roads
175. Overtaking of vehicle
176. Right of way at roundabout
177. Right of way at stop junction
178. Procedure when turning
180. Duties of driver and passenger of vehicle on public road
180A. Right of way of presidential motorcade
181. Duties of driver of motor cycle or motor tricycle
181A. Requirement to use motor vehicle on public road
182. Protective helmets for motor cyclists
183. Pedestrian’s right of way on pedestrian crossing
184. Duties of pedestrians
185. Stopping of vehicles
186. Parking of vehicle
187. Certain motor vehicles to stop and park at any place
188. Obstruction of roadway by vehicle
190. Removal of vehicles from roads
191. Vehicles abandoned or left on road
192. Engine to be stopped when vehicle unattended
193. Opening doors of vehicle
195. Discharge of oil and smoke
196. Filling petrol, etc.
197. Prohibition of sale of vehicles in condition not complying with regulations as to construction, etc.
198. Prohibition of use of motor vehicles not complying with regulations as to construction etc.
199. Pillion riding on motor cycle
200. Application to pedal cyclists of provisions relating to certain driving offences
201. Brakes, etc., on bicycles and tricycles
202. Excessive loads on two-wheeled vehicles
203. Throwing articles at or from vehicles
204. Interference with vehicles
205. Placing of handbill, etc., in or on motor vehicle
206. Unauthorised use of goods vehicles
207. Taking hold of or getting on a vehicle in motion
208. Stretching rope, etc., across road: obstruction of road
209. Liability for animal on road
210. Failure of driver of motor vehicle to stop and render assistance to injured person
211. Duty to stop in case of accident
212. Additional powers of police and others; requirements to be obeyed
213. Powers concerning vehicles suspected of being used as public service vehicles
214. Registration document and licences to be produced to police, etc., on demand
215. Duty to give information
216. Penalty for giving false information
217. Unlawful imitation, etc. of documents
218. Verification of facts in applications
219. Condition for release of impounded vehicle or trailer
220. No liability for impoundment
221. Liability of driver and owner for offences
222. Vehicle causing excessive noise
224. Riding of pedal cycles
PART XII
MISCELLANEOUS PROVISIONS
226. Licensing officers etc.
226A. Honorary road traffic inspectors
227. References to Commissioner
228. Control of parking charges on roads
229. Admissibility as evidence of certificates relating to ownership of driver of motor vehicle
230. Doubt concerning classification of vehicles
232. Implementation of international treaties
232A. Cross border road traffic
233. Power of Minister to make regulations
234. Repeal of Parts V to XIV of the Roads and Road Traffic Act, Cap. 464 and transitional provisions
235. Repeal of Cap. 471
to establish the Road Transport and Safety Agency and to define its functions; to provide for a system of road safety and traffic management; to provide for the licensing of drivers and motor vehicles; to provide for the registration of motor vehicles and trailers; to provide for compulsory third party insurance of motor vehicles; to provide for the licensing and control of public service vehicles; to provide for the promotion of road safety; to provide for the regulation of road transport between Zambia and other countries with which Zambia has concluded cross-border road transport agreements; to provide for the implementation of the SADC Protocol on Transport, Communications and Meteorology, the Protocol on Third Party Motor Vehicle Insurance Scheme adopted by the Member States of COMESA and Protocols on transit trade and transit facilities; to repeal the National Road Safety Council Act, 1995 and to provide for matters connected with or incidental to the foregoing.
[21st May, 2004]
This Act may be cited as the Road Traffic Act.
In this Act, unless the context otherwise requires—
"Agency" means the Road Transport and Safety Agency established by section 3;
"animal" means any horse, cattle, ass, sheep, mule, pig, goat or dog;
"appointed date" means the date appointed by the Minister under section 1;
"associate" has the meaning assigned to the word in the Anti-Corruption Act;
[Ins by s 2(b) of Act 8 of 2022.]
"authorised officer" means a police officer, road traffic inspector or law enforcement officer of the Drug Enforcement Commission or Anti-Corruption Commission, designated as an authorised officer for the purposes of this Act and includes any other person suitably qualified person declared by the Minister, by statutory instrument, as an authorised officer;
[Subs by s 2(a) of Act 8 of 2022.]
"auto cycle" means a bicycle which has pedals and a motor attached and can be propelled by means of such pedals and by mechanical or electrical power from such motor;
"axle weight" has the meaning assigned to it in the Public Roads Act;
"bicycle" shall include a tricycle;
"Board" means the Board of the Agency constituted under section 5;
[Ins by s 2(b) of Act 8 of 2022.]
"cabotage" means the loading and offloading of passengers or goods or both between two or more points in the Republic by a foreign carrier;
[Ins by s 2(b) of Act 8 of 2022.]
"carriageway" means that part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but shall not include a cycle track;
"Chairperson" means the person appointed as Chairperson of the Agency under section 5;
"COMESA" means the Common Market for Eastern and Southern Africa;
"Committee" means a committee of the Agency established under paragraph 5 of the First Schedule;
"construction vehicle" means—
(a) a motor vehicle incorporating water-bring machinery, or construction machinery of the nature of a crane, grader, shovel, scraper, pipe layer, cable layer or of such other nature as may be prescribed; or
(b) any motor vehicle or class of motor vehicle which may, by regulation, be declared to be a construction vehicle;
"contract car" means a motor vehicle primarily constructed or adapted for the carriage of passengers and having seating accommodation for more than seven persons other than the driver, which is let out on hire to a hirer who is to drive oneself or who shall provide a driver for that motor vehicle;
[Subs by s 2(a) of Act 8 of 2022.]
"Council" means the former National Road Safety Council established under the repealed Act;
"customs clearance certificate" shall have the meaning assigned to it by section 10;
"cycle track" means a portion of a road exclusive of the carriage way set aside for use solely by persons riding bicycles;
"cycle track" means a portion of a road exclusive of the carriage way set aside for use solely by persons riding bicycles;
"demerit point" means a penalty point that is imposed on a driver who is convicted of a driving related offence that has an associated demerit point;
[Ins by s 2(b) of Act 8 of 2022.]
"Deputy-Director" means a person appointed as Deputy-Director under section 6;
"Director" means the person appointed as Director under section 6;
"driver", in relation to a vehicle, means the person or persons having control of the steering apparatus thereof;
"driving examiner" means any person appointed under the provisions of this Act to examine persons for driving licences;
"embosser" means a person who embosses an allocated registration mark and number of a motor vehicle on a blank number plate;
[Ins by s 2(b) of Act 8 of 2022.]
"emergency rescue vehicle" means a vehicle that is designated and authorised to respond to an emergency;
[Ins by s 2(b) of Act 8 of 2022.]
"Emoluments Commission" means the Emoluments Commission established under the Constitution;
[Ins by s 2(b) of Act 8 of 2022.]
"fare" means the amount paid or payable for a passenger’s conveyance in a public service vehicle or for the hire of a whole passenger-carrying public service vehicle, and includes any sum paid or payable for the conveyance of luggage in excess of any free allowance and any other sums lawfully charged or chargeable by the owner of a public service vehicle or by that person’s representative in connection with the conveyance of a passenger in such vehicle;
"footpath" means a portion of a road exclusive of the carriageway set aside for use solely by pedestrians;
"Fund" means the National Road Fund established under the National Road Fund Act;
"gate" means a gate of sufficient width to allow the reasonable free use of the road, having regard to the road traffic thereon, and of not less width than five metres, having a balance or catch or other free fastener so fixed as to enable the gate to move clear of the road from drag;
"goods" include goods or burden of any description;
"goods vehicle" means a motor vehicle constructed or adapted for use primarily for the carriage or haulage of goods or a trailer so constructed or adapted;
"goods vehicle road service licence" means a licence authorising the use of a motor vehicle for carriage of goods on a road—
(a) for hire or reward; or
(b) for trade or business;
[Ins by s 2(b) of Act 8 of 2022.]
"gridiron track" means a track constructed through an opening in a fence intersecting a road, with the object of allowing the passage of vehicles and preventing the passage of livestock;
"gross weight" means the net weight of a motor vehicle or trailer together with such weight of goods or passengers or both as the vehicle or trailer may be authorised in terms of this Act to carry;
"heavy trailer" means a trailer exceeding three thousand six hundred kilogrammes gross weight;
"heavy vehicle" means a motor vehicle exceeding three thousand six hundred kilogrammes, gross weight;
"heavy goods vehicle" means a heavy vehicle, constructed or adapted for use of the carriage or haulage of goods, or a heavy trailer so constructed or adapted;
"Highway Code" means the code comprising directions for the guidance of persons using roads issued under section 231;
"hire car" means a public service vehicle having seating accommodation for more than seven persons, other than the driver, which is let with a driver, under contract for the carriage of passengers otherwise than at separate fares;
[Subs by s 2(a) of Act 8 of 2022.]
"honorary road traffic inspector" means a person appointed as an honorary road traffic inspector under section 226A;
[Ins by s 2(b) of Act 8 of 2022.]
"identity card" means, in the case of a police officer, a certificate of appointment or other document issued by or on behalf of the Inspector-General of Police and, in the case of a road traffic inspector, a certificate of appointment or other document issued by or on behalf of the Director to enable the holder to be identified as a police officer or road traffic inspector, as the case may be;
"inter-section" means the crossing of two or more roads;
"Interpol" means the International Criminal Police Organisation;
"Interpol Clearance Certificate" means a certificate issued by an Interpol officer under section 10;
"intoxicating liquor" includes both intoxicating liquor as defined in the Liquor Licensing Act and traditional beers as defined in the Traditional Beer Act;
"invalid carriage" means a mechanically propelled vehicle the weight of which unladen does not exceed two hundred and fifty kilogrammes and which is specially designed and constructed, and not merely adapted, for the use of persons with some physical disability and is used solely by such persons;
"laden weight" means the net weight of a motor vehicle or trailer, together with the actual weight of goods or passengers or both carried by such vehicle or trailer;
"legally disqualified" means the absence of legal capacity as provided under section 4 of the Mental Health Act;
[Ins by s 2(b) of Act 8 of 2022.]
"licensing officer" means a person appointed by the Agency as licensing officer under section 226;
"light trailer" means a trailer fitted with pneumatic tyres, the gross weight of which does not exceed nine hundred kilogrammes;
"lighting-up time" means from sunset to sunrise;
"local authority" means a city council, municipal council or district council established under the Local Government Act;
"local authority area" means the area for a city council, municipal council or district council;
"manufacturer’s permitted gross weight" means the weight that the manufacturer of a motor vehicle or trailer or that manufacturer’s representative certifies that such vehicle or trailer has been built to carry in addition to its own weight;
"member" means a member of the Agency, or a committee of the Agency;
"motor-cycle" means any motor vehicle—
(a) carried on two wheels only and includes any motor vehicle with a sidecar or similar attachment and an auto cycle;
(b) carried on three wheels only; or
(c) which has four wheels and is designed to be driven by the type of controls usually fitted to a motor cycle, and includes a quadra cycle;
[Subs by s 2(a) of Act 8 of 2022.]
"motor omnibus" means a public service vehicle, other than a hire car and a taxi cab, hired for conveying passengers for reward, whether at separate fares or otherwise;
"motor omnibus service" means a service for the carriage of passengers in a motor omnibus but, except as provided by section 143, does not include the carriage of goods in, on or about any motor omnibus or any trailer attached thereto;
"motor vehicle" means any mechanically propelled vehicle intended for use, or capable of being used, on roads unless such vehicle shall have been specifically excluded by regulations from this definition;
"National Road Fund Agency" means the National Road Fund Agency established under the National Road Fund Act;
"narcotic drug" has the meaning assigned to it in the Narcotic Drugs and Psychotropic Substances Act;
"net weight" means the actual weight of a motor vehicle when unladen, but inclusive of the weight of the body, the full amount of water, fuel and accumulators which are normally carried or used for purposes of propulsion and the normal full equipment of loose tools and accessories, and in the case of a trailer, means the actual weight of the trailer when unladen but inclusive of the normal full equipment of loose tools and accessories;
"owner" means, in relation to a vehicle other than a registered motor vehicle or trailer, the person having habitual possession and control thereof and, in relation to a registered motor vehicle or trailer, the person in whose names the motor vehicle or trailer is registered:
Provided that in the case of a hire-purchase agreement;
"owner" means the person in possession of the vehicle under that agreement;
"parcel" means any package not exceeding five kilogrammes in weight, and not exceeding one metre in length or two metres in length and girth combined;
"park" means to keep a vehicle, whether occupied or not, stationary for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or goods except if such vehicle is stationary for a reason beyond the control of the person in charge of the vehicle, and "parking" shall have a corresponding meaning;
"plying for hire or reward" includes—
(a) parking at a designated taxi rank;
(b) offering for hire by notice, advertisement, announcement or any other means; or
(c) parking or travelling while exhibiting a “For Hire” notice of any kind;
[Ins by s 2(b) of Act 8 of 2022.]
"pneumatic tyre" means a tyre composed of flexible material and when in use kept inflated at an air pressure than atmospheric pressure;
"port of entry" means a border post or an airport through which a vehicle is brought into the Republic;
[Ins by s 2(b) of Act 8 of 2022.]
"prescribed" means prescribed by rules or regulations under this Act;
"Presidential motorcade" includes the motorcade for the Vice-President;
[Ins by s 2(b) of Act 8 of 2022.]
"private motor car" means a motor vehicle (other than a public service vehicle, motor cycle or contract car) constructed or adapted for use primarily for the carriage of passengers;
"probationary driving licence" means a licence issued to a certified learner driver for a period of one year from the date of certification after a driving test;
[Ins by s 2(b) of Act 8 of 2022.]
"public place" includes any public way or place, other than a building, to which for the time being the public are entitled or permitted to have access either with or without condition;
"public road" has the meaning assigned to it in the Public Roads Act;
"public service vehicle" means a motor vehicle including a trailer, which—
(a) is licensed under Part VIII of this Act for conveying passengers with or without goods; or
(b) plies for hire or reward or is let out for hire or reward for conveyance of passengers;
[Subs by s 2(a) of Act 8 of 2022.]
"public service vehicle road service licence" means a road service licence authorising the use of a public service vehicle;
[Ins by s 2(b) of Act 8 of 2022.]
"related company" has the meaning assigned to the words in the Companies Act;
[Ins by s 2(b) of Act 8 of 2022.]
"relative" has the meaning assigned to the word in the Anti-Corruption Act;
[Ins by s 2(b) of Act 8 of 2022.]
"repealed Act" means the National Road Safety Council Act;
"restricted goods vehicle road service licence" means a road service licence under which a goods vehicle is used on a road for the carriage of goods for, or in connection with, any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward;
[Ins by s 2(b) of Act 8 of 2022.]
"road" has the meaning assigned to it in the Public Roads Act;
"road authority" means the authority responsible for the construction, care and maintenance of any road or class of road in accordance with the provisions of the Public Roads Act;
"road reserve" has the meaning assigned to it under the Public Roads Act;
"road traffic inspector" means any person appointed as such under section 226 by the Agency;
"SADC" means the Southern African Development Community;
"scooter" means a two wheeled vehicle with a step through chassis and footrest platform;
[Ins by s 2(b) of Act 8 of 2022.]
"standard goods vehicle road service licence" means a road service licence under which a goods vehicle may be used on a road for the carriage of goods—
(a) for hire or reward; and
(b) for or in connection with, any trade or business carried on by the holder of the licence;
[Ins by s 2(b) of Act 8 of 2022.]
"structure" includes—
(a) any building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could in like manner cause obstruction; and
(b) any external alteration or addition to a structure;
"taxicab" means a public vehicle having seating accommodation for not more than seven persons other than the driver which is let with a driver over a period of less than 24 hours for the carriage of passengers otherwise than at separate fares;
"third country rule" means the conveyance of goods or passengers using a foreign registered vehicle from a point within the Republic to third country without passing through the country of registration of the vehicle;
[Ins by s 2(b) of Act 8 of 2022.]
"tonne" means one thousand kilogrammes;
"tractor" means a motor vehicle which is used for the purpose of drawing one or more trailers, but which is not itself designed to carry any load;
"traffic" includes vehicles, pedestrians, processions and bodies of troops, and all animals being ridden, driven or led;
"trailer driver" means the person driving the vehicle by which the trailer is being drawn, and in respect of an animal drawn vehicle, means the person driving the animals, and "drive" has a corresponding meaning;
"Tribunal" means the Road Service Appeal Tribunal established under section 111;
"vehicle" includes any engine, wagon, dray, cart, carriage, bicycle, or other means of carrying goods or persons by land, having two or more wheels, whether drawn or propelled by human, animal, steam electric or other power;
"vehicle examiner" means any person appointed by the Agency as vehicle examiner under section 226; and
"vehicle in transit" means a motor vehicle that is not meant for use in the Republic and which is transported or transhipped through the Republic from one country to another.
[Ins by s 2(b) of Act 8 of 2022.]
PART II
THE ROAD TRANSPORT AND SAFETY AGENCY
(1) There is hereby established the Road Transport and Safety Agency which shall be a body corporate with perpetual succession and a common seal, capable of suing, and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may, by law, do or perform.
(2) The provisions of the First Schedule shall apply to the Agency.
(1) Subject to the other provisions of this Act the functions of the Agency shall be—
(a) to implement policy on road transport, traffic management and road safety;
(b) to register motor vehicles under the Act;
(c) to issue licences and permits under the Act;
(d) to pay out such percentage of money into the Road Fund from revenues payable under this Act in respect of fees for licences, permits and concessions granted and registration fees, as the Minister shall, after consultation with the Minister responsible for finance and national planning and the Agency, by regulations, prescribe;
(e) to conduct road safety education and, through publicity campaigns, undertake and assist in the dissemination of information on road safety for the benefit of all sections of the community;
(f) to co-ordinate road safety programmes;
(g) to approve road safety programmes undertaken by, any person, body or institution:
Provided that no person, body or institution shall, without prior approval of the Agency, undertake any road safety programme;
(h) in conjunction with local authorities, to formulate and conduct programmes designed to promote road safety;
(i) to make contributions towards the cost of programmes for promoting road safety undertaken by other authorities or bodies; and
(j) to carry out such other activities as are necessary or conducive to the performance of its functions under this Act.
(2) Without prejudice to the generality of sub-section (1) and in pursuance of their functions under that sub-section the Agency shall—
(a) conduct studies on accidents arising out of use of vehicles on roads;
(b) in the light of those studies recommend to the Government new road safety measures and proposals for road safety policy, taking into account technological development, legal requirements and social and economic conditions;
(c) review and publish reports on the effectiveness of road safety operations conducted by the police officers and road traffic inspectors;
(d) in consultation with the Road Development Agency, established under the Public Roads Act, establish road safety standards to be observed in the construction of roads and during the maintenance of such roads;
(e) in partnership with the Curriculum Development Centre develop a road safety curriculum to be used in schools in Zambia;
(f) provide guidelines for the use of public roads, speedways and racecourses by motor and cycling clubs;
[S 4(2)(f) am by s 3(a) of Act 8 of 2022.]
(g) set the minimum specification for vehicles so as to comply with road safety standards;
(h) review and publish reports on safety measures that shall be considered by the Road Development Agency during the planning, designing and building of new roads and the upgrading of existing roads in order to promote orderly traffic flow and creation of road safety consciousness amongst all road users;
[S 4(2)(h) am by s 3(b) of Act 8 of 2022.]
(i) review and publish standards of road fitness that vehicles shall comply with in order to be fit to be driven on the roads;
(j) undertake periodic reviews of existing road traffic and road safety legislation with a view to advising the Government with regard to all necessary amendments;
(k) revise and recommend to the Minister the upgrading of the Highway Code, where necessary;
(l) formulate and update the training programmes required for driving instructors and driving schools;
(m) affiliate to, and liaise with, road safety organisations in other countries, on road safety education, information and materials; and
(n) review and publish reports on road traffic congestion in the Republic and make recommendations to the Road Development Agency and a local authority to ease the congestion.
[S 4(2)(n) ins by s 3(c) of Act 8 of 2022.]
(3) Notwithstanding the other provisions of this section the Agency may, by direction in writing and subject to such conditions as it thinks fit, delegate to any member, committee or the Director any of its functions under this Act.
(1) There is constituted a Board of the Agency which consists of the following part time members appointed by the Minister—
(a) a representative each of the—
(i) Zambia Chartered Institute of Logistics and Transport;
(ii) Zambia Agency for Persons with Disabilities; and
(b) a person nominated from an association representing transporters;
(c) a person nominated from an association representing passengers;
(d) a representative of the ministries responsible for—
(ii) home affairs with experience and knowledge in matters of road traffic and enforcement; and
(iii) local government;
(e) the Director of the Road Development Agency, as an ex officio;
(f) the Director of the National Road Fund Agency, as an ex officio; and
(g) one person with knowledge and experience in road transport or road safety management.
(2) The members referred to under sub-sections (1)(a), (b), (c) and (d) shall be nominated by their respective institutions, organisations or ministries.
(3) The Director of the Road Development Agency and the Director of the National Road Fund Agency referred to under sub-sections (1)(d) and (e) shall have no vote.
(4) The Chairperson of the Board shall be appointed by the Minister.
(5) The Vice-Chairperson of the Board shall be elected by the members of the Board from among themselves.
(6) A person shall not be appointed as a member of the Board if that person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a member; or
(d) is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine.
(7) The First Schedule applies to the Board.
[S 5 subs by s 4 of Act 8 of 2022.]
(1) Subject to the other provisions of this Act, the Board shall provide strategic policy direction to the Agency.
(2) Despite the generality of sub-section (1), the functions of the Board are to—
(a) promote good governance of the Agency;
(b) formulate the policies, programmes and strategies of the Agency;
(c) approve the annual work plan and activity reports of the Agency;
(d) approve the annual budget estimates and financial statement of the Agency; and
(e) monitor and evaluate the performance of the Agency against budgets and plans.
[S 5A ins by s 5 of Act 8 of 2022.]
(1) The Board may, by direction in writing and conditions that the Board considers necessary, delegate any of the Board’s functions to the Director.
(2) A delegation made under sub-section (1) shall not prevent the Board from performing the function so delegated.
(3) The Minister may give the Board general or specific directions relating to the performance of the Board’s functions and the Board shall give effect to those directions to the extent that those directions are not inconsistent with this Act.
[S 5B ins by s 5 of Act 8 of 2022.]
(1) There is established a Committee of Ministers comprising the—
(a) minister responsible for transport, as Chairperson;
(b) minister responsible for public roads, as Vice-Chairperson; and
(c) ministers responsible for—
(ii) local government;
(iii) home affairs;
(iv) agriculture; and
(2) The Agency shall report to the Committee of Ministers on matters relating to transport management initiatives of the Republic at intervals that the Minister may determine.
[S 5C ins by s 5 of Act 8 of 2022.]
(1) The Board shall appoint a Director who shall be the chief executive officer of the Agency and, subject to the direction and control of the Board, be responsible for the day-to-day administration of the Agency.
(2) The Director shall attend meetings of the Board as an ex officio member and may address those meetings, but shall not vote on any matter.
(3) The Board shall appoint a Secretary and other staff that may be necessary for the performance of the functions of the Board.
(4) The Secretary shall perform corporate secretarial duties for the Board and other functions that the Board may determine under the direction of the Board and the Director.
(5) The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments of the Director, Secretary and other staff.
(6) The Board shall determine the conditions of service, other than emoluments, of the Director, Secretary and other staff.
[S 6 subs by s 6 of Act 8 of 2022.]
PART III
REGISTRATION OF MOTOR VEHICLES AND TRAILERS
(1) The Director shall keep registers of motor vehicles and trailers, and may upon payment of the prescribed fee, supply to any person applying for a copy of such entries as that person shows has reasonable cause to require:
Provided that no fee shall be payable when the person to whom copies are supplied is an officer of the Government or a local authority acting in an official capacity.
(2) Separate registers shall be kept by the licensing officer in any locality as directed by the Director.
(3) A licensing officer shall, within 14 days, forward to the Director a copy of every entry made in that officer’s register.
(4) Any licensing officer shall, upon application being made to that officer by any other licensing officer, supply a copy of entries in that officer’s register relating to any motor vehicle or trailer specified in such application.
(5) A licensing officer shall allow any authorised officer to inspect that officer’s licensing register at any time and shall permit the authorised officer to take a copy of any entry in the register relating to any specified motor vehicle or trailer.
(6) A licensing officer may supply to any other person applying for a copy of the entries relating to any specified motor vehicle or trailer a copy of these entries on payment of the prescribed fee, where the person shows that there is reasonable cause for requiring such a copy:
Provided that no fee shall be payable when the person to whom the copies are supplied is an officer of the Government or a local authority acting in an official capacity.
(1) On the recommendation of the Agency, the Minister may, by regulation, provide for re-registration of motor vehicles or trailers on a date being not less than 10 years after the previous re-registration of motor vehicles or trailers.
(2) Notwithstanding sub-section (1), any person who has been issued with a registration certificate for a motor vehicle or trailer under this Act shall surrender such registration certificate to the licensing officer who shall, upon payment of the prescribed fee by such person re-register that motor vehicle or trailer and issue that person with a new registration certificate.
[S 8(2) am by s 7 of Act 8 of 2022.]
(1) Any extract from a register or other records kept in terms of this Act or any regulation made under it shall, if it purports to be certified to be a true extract by the officer having custody or control of such register or records, be received in any court on production by any person and without further proof as prima facie evidence of the facts therein stated.
(2) The registration document of any motor vehicle or trailer shall be received in any court on production by any person and without further proof as prima facie evidence of the facts stated in the registration document.
(1) Despite the other provisions of this Act, where a motor vehicle is imported into the Republic, the owner or person in charge of the motor vehicle shall produce, to a customs officer at a port of entry, a declaration under the Customs and Excise Act, in respect of the motor vehicle.
(2) The customs officer shall issue a customs clearance certificate if the declaration produced under sub-section (1) complies with the Customs and Excise Act.
(3) The owner or person in charge of a motor vehicle shall present the motor vehicle and customs clearance certificate issued under sub-section (2) to an Interpol officer at the port of entry for verification of the engine number, chassis number, colour and any other identification of the motor vehicle, and the Interpol officer shall, if satisfied with the authenticity of the motor vehicle, issue an Interpol Clearance Certificate.
(4) A motor vehicle imported into the Republic for use shall be registered at the port of entry in accordance with section 11.
(5) Despite sub-section (4), the following are exempt from the requirement to register a motor vehicle at the port of entry into the Republic—
(a) a holder of a motor vehicle dealer’s licence issued under section 45, who imports the motor vehicle into the Republic for resale;
(b) a motor vehicle imported by a diplomat or diplomatic mission accredited to the Republic; and
(c) a motor vehicle authorised by the Director to be registered in the Republic.
(6) A person who is exempted from the requirement to register a motor vehicle at a port of entry under sub-section (5) shall be issued with a temporary registration certificate in accordance with this Act.
(7) Where a motor vehicle is acquired in the Republic, the person who acquires the motor vehicle shall, within 30 days of the acquisition, present the vehicle together with the letter of sale, the change of ownership certificate and the registration document of the motor vehicle or ownership certificate to the Zambia Police Service for clearance.
(8) A person who contravenes sub-sections (1), (3) or (7) or who presents a false declaration to a customs officer or an authorised officer commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding six months, or to both.
[S 10 subs by s 8 of Act 8 of 2022.]
(1) Subject to the other provisions of this Act, no person shall use a motor vehicle or trailer unless such vehicle or trailer is registered in accordance with the provisions of this Act.
(2) An application for the registration of a motor vehicle or trailer shall be made by the owner on the prescribed form within 14 days of change of ownership into the applicant’s name.
(3) The licensing officer to whom such application is made shall assign to the motor vehicle or trailer a registration mark and number containing such feature as the Minister may, on the recommendation of the Agency, by statutory instrument, prescribe and such registration mark and number shall not be transferable on the sale or disposal of the motor vehicle or trailer:
(a) a motor vehicle or trailer shall not be registered unless the applicant produces—
(i) in the case of vehicles wholly manufactured or assembled in Zambia, a certificate of local manufacture or assembly; or
(ii) in any other case, a Customs Clearance Certificate; and
(b) a motor vehicle or trailer shall not be registered unless it complies with the provisions of this Act and of any regulations made under it with regard to the maximum limits permitted for axle weights, gross weight, height, length and width of motor vehicles or trailers or unless it shall have been exempted by the Director appointed under the Public Roads Act from compliance with such limits.
(4) Notwithstanding the other provisions of this section, all motor vehicles shall be registered using the series of registration marks ending with ZM from such a date as the Minister may, by statutory instrument, appoint.
(5) For the purposes of sub-section (3)—
(a) a "Customs Clearance Certificate" means a certificate given by or on behalf of the Commissioner, Customs and Excise, of the Zambia Revenue Authority setting out particulars of ownership and of the motor vehicle or trailer and such other particulars as may be prescribed and certifying that all customs formalities have been complied with in respect of the said motor vehicle or trailer; and
(b) "certificate of local manufacture or assembly" means a certificate given by or on behalf of the manufacturer or assembler of the motor vehicle or trailer, or trailer setting out particulars of the motor vehicle or trailer, the name of the manufacturer or assembler and such other particulars as may be prescribed and certifying that the motor vehicle or trailer has been wholly manufactured or assembled in Zambia.
(6) A licensing officer may, in accordance with such procedure or such conditions as may be prescribed, on the request of any person and on payment of the prescribed fee, assign to a motor vehicle or trailer owned by that person a particular registered letter or letters and number which shall become the registration mark of such motor vehicle or trailer.
(7) The owner of every motor vehicle or trailer shall, upon its registration, pay the fee prescribed for registration and shall obtain from the licensing officer a registration document containing such particulars as may be prescribed.
(8) Whenever it appears to the satisfaction of a licensing officer that—
(a) the registration document issued to any person has been lost or destroyed;
(b) the essential particulars of the registration document have been defaced;
(c) the registration document is in a state of dilapidation; or
(d) that space on the registration document is lacking for essential particulars;
the licensing officer shall, on payment of the prescribed fee, issue a duplicate of the registration document with the word "duplicate" written thereon:
Provided that, where there is no space available in a registration document for further essential particulars, no fee shall be charged for the issue of a duplicate.
(9) Before a duplicate registration document is issued on account of defacement, dilapidation, or lack of space for essential particulars, the old registration document shall be submitted to the licensing officer.
(10) If a motor vehicle or trailer does not bear a registration mark as provided by this section, this fact shall be regarded as prima facie evidence that the motor vehicle or trailer has not been registered and a police officer or road traffic inspector may detain the vehicle or trailer until inquiries have been made.
(11) The onus of proving that the motor vehicle or trailer has been registered rests upon the owner of the vehicle or trailer.
(12) The owner of a motor vehicle or trailer shall notify the licensing officer of the District in which the motor vehicle or trailer is registered of every change of address and of any other circumstances or event which affects the accuracy of the entries in the register, and shall at the same time forward the registration document for amendment.
(13) The Director and any licensing officer may request any owner of a motor vehicle or trailer at any time to furnish information required for the verification of the entries in the register.
(14) Any person who fails to comply with the provisions of sub-sections (1) to (13) commits an offence and shall be liable, upon conviction, in the case of a first offence to a fine not exceeding one thousand penalty units and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units.
(1) A person shall at the time of the sale or delivery of a motor vehicle furnish to the purchaser a letter of sale and change of ownership certificate effecting the sale.
(2) A person shall, at the time of transfer or delivery of a motor vehicle, furnish to the person to whom the motor vehicle is transferred or delivered a change of ownership certificate effecting the transfer.
(3) A letter of sale or change of ownership certificate effecting the sale or transfer of ownership of a motor vehicle under sub-section (1) or (2) shall be in the prescribed form specifying—
(a) in the case of a seller or transferor, the seller or transferor’s full names and physical address; or
(b) in the case of a motor dealer, the motor dealer’s full names, business name and address;
and affirming that the motor vehicle in question has been lawfully sold or transferred to the purchaser or transferee, and the letter of sale or change of ownership shall be duly signed or endorsed by the seller, transferor, or motor dealer.
(4) A person who contravenes sub-section (1) or (2) commits an offence and shall be liable, upon conviction, to a fine not exceeding one hundred thousand penalty units, or to imprisonment for a period not exceeding three years, or to both.
(1) On the change of ownership of a motor vehicle or trailer otherwise other than by death—
(a) the registered owner shall, within 14 days of obtaining Zambia Police Service clearance, inform the licensing officer of the District in which the motor vehicle or trailer is registered in writing of the name and address of the new owner, and the date of the change of ownership of the motor vehicle or trailer and shall deliver that person’s motor vehicle or trailer’s registration document and licence to the new owner;
[S 13(1)(a) am by s 9(a) of Act 8 of 2022.]
(b) the new owner shall, within 14 days, deliver the registration document to the licensing officer who shall register the new owner:
Provided that where a person is under the provisions of section 14 entered in the register of the licensing officer and in the registration document as the absolute owner of a motor vehicle or trailer, the licensing officer shall consult that person before registering a person as the new owner of such motor vehicle or trailer.
(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, in the case of a—
(a) first offence, to a fine not exceeding five thousand penalty units; and
(b) in the case of a second or subsequent offence, to a fine not exceeding ten thousand penalty units.
[S 13(2) ins by s 9(b) of Act 8 of 2022.]
(3) Subject to section 13A, an application for registration of a new owner may be made before the actual transfer of the motor vehicle or trailer, but the registration of the new owner shall not be effective until the registration document has been surrendered to, and re-issued by, the licensing officer.
[S 13(2) am by s 9(c) and renumbered as s 13(3) by s 9(f) of Act 8 of 2022.]
(4) On the death of the registered owner of a motor vehicle or trailer, the person who has custody of the motor vehicle or trailer shall, within 14 days of its coming into that person’s custody, give notice of the fact to the licensing officer of the District in which the motor vehicle or trailer is registered.
[S 13(3) renumbered as s 13(4) by s 9(f) of Act 8 of 2022.]
(5) Sub-sections (1) and (3) shall not apply to any change of ownership of a motor vehicle or trailer which occurs by reason of the motor vehicle or trailer being unlawfully seized under a hire-purchase agreement, but in such circumstances the following provisions shall apply—
(a) the registered owner or the owner’s representative shall, within seven days of the seizure, deliver the motor vehicle or trailer licence and the registration document to the person who seized the motor vehicle or trailer and inform the licensing officer in writing of the change of ownership;
(b) the person who seizes the motor vehicle shall, within seven days of receiving the motor vehicle or trailer licence and the registration document, apply to the licensing officer to be registered as the owner thereof in place of the registered owner and shall be registered accordingly unless the licensing officer thinks it fit to order otherwise;
(c) the licensing officer shall, if the licensing officer is satisfied that the person whose name has been entered in the register and registration document under section 14 as the absolute owner of the motor vehicle or trailer, is unable within seven days of the seizure, to procure the motor vehicle or trailer licence and the registration document from the registered owner or the registered owner’s representative, supply such person on request with duplicate copies of the licence document and such person shall be deemed to be the registered owner and the licensing officer shall accept that person’s signature as such until the next change of ownership is effected.
[S 13(4) am by s 9(d) and renumbered as s 13(5) by s 9(f) of Act 8 of 2022.]
(6) Subject to the provisions of sub-section (5), any change of ownership of any motor vehicle or trailer not notified in writing to the licensing officer of the District in which the motor vehicle or trailer is registered may render the vehicle or trailer liable to be impounded by any road traffic inspector in uniform or by any police officer.
[S 13(5) am by s 9(e) and renumbered as s 13(6) by s 9(f) of Act 8 of 2022.]
(7) Notwithstanding any other provisions in this section, where the holder of motor dealer’s vehicle licence acquires the ownership of a motor vehicle or trailer by way of purchase, or otherwise, for the purpose of resale, the procedure to be followed regarding the registration of the change of ownership shall be prescribed.
[S 13(6) renumbered as s 13(7) by s 9(f) of Act 8 of 2022.]
(8) On the registration of a new owner, the licensing officer shall charge the prescribed fee, make necessary alterations to the registration document or issue a new registration document, and shall deliver the altered or new registration document to the new registered owner as the case may be.
[S 13(7) renumbered as s 13(8) by s 9(f) of Act 8 of 2022.]
(1) A licensing officer shall, on receipt of an application for registration of a new owner, conduct a search in the Collateral Registry to determine whether a security interest has been registered in respect of a specified motor vehicle.
(2) Subject to sub-section (1), where a search in the Collateral Registry reveals that a security interest is registered against a vehicle which is the subject of an application for registration of a new owner, a licensing officer shall not process the transaction unless the security interest in the Collateral Registry is discharged.
(3) A person who intends to purchase a motor vehicle may search the Collateral Registry to ascertain whether a specified motor vehicle is subject to a security interest under the Moveable Property (Security Interest) Act.
(4) For the purposes of this section, “Collateral Registry” and “security interest” have the meanings assigned to the words in the Movable Property (Security Interest) Act.
[S 13A ins by s 10 of Act 8 of 2022.]
(1) Where the person entitled to the possession of a motor vehicle or trailer is not the absolute owner of the vehicle, but is registered as the owner of the vehicle, any person claiming to be the absolute owner of the vehicle (hereinafter called the "claimant") may apply to the licensing officer of the District in which the motor vehicle or trailer is registered to enter that person’s name in the register, and in the registration document of the motor vehicle or trailer as the absolute owner in addition to the name of the registered owner.
(2) On receipt of the application referred to in sub-section (1), the licensing officer shall make such inquiries into the matter as the licensing officer considers necessary and shall, depending on the officer’s findings, enter the name of the absolute owner or refuse such entry:
Provided that any person aggrieved by such a decision may, within 30 days, appeal to the Director.
(3) Where a decision made in accordance with sub-section (2) requires that the name of the claimant be entered in the registration document, the registered owner shall produce the document for the entry to be made upon being required to do so.
(4) When any person whose name has been entered in the register and registration document as the absolute owner of a motor vehicle or trailer ceases to be the absolute owner, that person shall inform the licensing officer who shall thereupon delete the entries:
Provided that the licensing officer may delete the entries otherwise than upon the information given by the claimant, if the officer is satisfied that the person has ceased to be the absolute owner of the vehicle or trailer.
(1) Every owner of a motor vehicle or trailer shall, if so required by the Director or a licensing officer, furnish such evidence to the Director or licensing officer in regard to the net weight and maximum weight, including—
(a) the weight that the manufacturers of the motor vehicle or trailer state that such vehicle or trailer has been built to carry; and
(b) the recommended distribution of the weight over the several axles of the vehicle and the height, length and width of the motor vehicle or trailer, and any person who fails to comply with any such requirement commits an offence.
(2) The Director or a licensing officer may require—
(a) any dealer in motor vehicle or trailer to furnish a sworn declaration specifying the net weight, maximum weight, including the weight, that the manufacturer of the motor vehicle or trailer state that such vehicle or trailer has been built to carry, including the recommended distribution of such weight over the several axles of the motor vehicle or trailer, and the height, length and width of any motor vehicle trailer sold by the dealer; and
(b) any builder of motor vehicle or trailer bodies to furnish such a declaration concerning the weight and dimensions of any such body built by the dealer.
(3) Any dealer or builder who fails to comply with the requirement under sub-section (2) commits an offence.
(4) Any applicant for a registration document or for a duplicate licence or for a duplicate of such document or licence or any other person required in terms of the provisions of this section to give any information, who wilfully gives false, misleading or inaccurate information commits an offence, and shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding twenty-five thousand penalty units and, in the case of second or subsequent offence, to a fine not exceeding fifty thousand penalty units.
(1) Subject to section 10, any person who becomes the owner of a motor vehicle or trailer which is not registered or licensed in terms of this Act, and who wishes to take the motor vehicle or trailer for registration from the District in which the person resides or carries on business, may apply on the prescribed form to the licensing officer of the District from which such person acquired such motor vehicle or trailer.
[S 16(1) am by s 11(a) of Act 8 of 2022.]
(2) The licensing officer on receipt of the application referred to in sub-section (1) and of the prescribed fee, and if satisfied that there is in force in respect of the use of the motor vehicle or trailer a policy of insurance which complies with the requirements of section 88, and which policy shall be valid for the whole period during which such vehicle or trailer may be used with temporary registration cards attached to it, shall issue the applicant two temporary registration cards on the prescribed form which shall be valid for a period of 14 days from the date of issue or for such lesser period as may be specified on the temporary registration card.
(3) A person to whom temporary registration cards have been issued in terms of this section shall—
(a) cause the details of the temporary registration cards to be embossed as a registration mark and number, on a registration plate, which shall be affixed to the motor vehicle or trailer as prescribed.
[S 16(3)(a) subs by s 11(b) of Act 8 of 2022.]
(b) on or before the date of expiry of the period of validity of the temporary registration cards or on registration of the motor vehicle or trailer under this Act, whichever is the earlier, surrender the temporary registration cards to the licensing officer of the District in which the person resides or carries on the person’s business.
(4) Notwithstanding the provisions of sub-section (2), a licensing officer may refuse to issue temporary registration cards for any vehicle or trailer that does not comply with the provisions of this Act and of the regulations made under it with regard to the maximum limits permitted for axle weights, gross weight, height, length and width of motor vehicles or trailers unless such vehicle or trailer shall have been exempted by the Director of the Road Development Agency from compliance with such limits.
Temporary registration cards shall specify such particulars as may be prescribed.
The licensing officer when issuing temporary cards shall endorse on the application form relating to the temporary cards such particulars as may be prescribed.
A motor vehicle or trailer shall be deemed to be registered and licenced under this Act and a registration document shall be deemed to have been issued under this Act for a motor vehicle or trailer if valid temporary registration cards in respect of the motor vehicle or trailer are attached to it in the prescribed position.
(1) A licensing officer shall, before registering a motor vehicle or trailer, cause the motor vehicle or trailer to be examined by a vehicle examiner to—
(a) verify the particulars entered on the application form; and
(b) ensure that the specifications of the motor vehicle or trailer and condition of the motor vehicle or trailer comply with the requirements of this Act.
[S 20(1) subs by s 12 of Act 8 of 2022.]
(2) A licensing officer shall, in respect of any motor vehicle or trailer which the officer has reason to believe is not in a fit and proper condition or state of repair, or does not conform with the provisions of this Act or any regulations made under it, have the power to order that the motor vehicle or trailer be taken to a vehicle examiner for examination.
(3) Where a vehicle examiner on examining a motor vehicle or trailer sent to the vehicle examiner under the provisions of sub-section (1) or (2), or submitted to the vehicle examiner pursuant to a prohibition under paragraph (f) of sub-section (1) of section 212, finds that the motor vehicle or trailer, does not comply with the provisions of any law in regard to construction and equipment applicable to such motor vehicle or trailer the vehicle examiner shall make a full list (hereinafter called a "defects list") of all defects found and shall give the owner of the vehicle or trailer a copy of the defects list and shall notify the owner of the date (hereinafter called the "notified date") by which the defects must be remedied and the vehicle or trailer produced for re-examination.
(4) If, upon re-examination of a motor vehicle or trailer under the provisions of this section to ascertain whether the defects in a defects list have been remedied, the vehicle examiner finds any further defects the vehicle examiner shall require, in the manner set forth in sub-section (3), the owner to remedy the defects.
(5) If a motor vehicle or trailer is not produced for re-examination on the notified date or if the defects have not been remedied on the notified date, or if, upon examination of a motor vehicle or trailer under the provisions of this section, it is considered necessary in the interest of safety, a vehicle examiner may prohibit the use of such motor vehicle or trailer, or issue such other directions as the examiner may think necessary restricting its use.
(6) Any order made under sub-section (5) and any prohibition of the use of motor vehicle or trailer under paragraph (f) of sub-section (1) of section 212 may be cancelled or revoked by the vehicle examiner as soon as the defects of such vehicle or trailer have been remedied to such an extent that in the vehicle examiner’s opinion the motor vehicle or trailer may safely be used on a road.
(7) When all the defects listed have been remedied to the vehicle examiner’s satisfaction, the vehicle examiner shall cancel the defects list and, if the examination was made under the provisions of sub-section (1), the vehicle examiner shall inform the licensing officer that the vehicle examiner has cancelled the defects list.
(8) On each examination of a motor vehicle or trailer as provided in this section, and on any subsequent examination for the purpose of ensuring that defects in a defects list have been remedied the prescribed fee shall be paid by the owner of a vehicle or trailer, and the fees shall be allocated in the prescribed manner:
Provided that no fee shall be payable for re-examination for the purpose of ascertaining whether defects have been remedied and no fee shall be payable for an examination pursuant to a prohibition under paragraph (f) of sub-section (1) of section 212.
(9) If any owner of a motor vehicle or trailer is aggrieved by any decision of a vehicle examiner, the owner may appeal to the Director who may vary or cancel the requirements of the vehicle examiner or dismiss the appeal.
(10) Any person who fails to comply with or who disobeys any order made by a licensing officer under sub-section (1) or (2) commits an offence.
(11) Any person who fails to comply with or who disobeys any order made by a vehicle examiner under sub-section (5) commits an offence and shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding five hundred penalty units, and in the case of a second or subsequent offence, to a fine not exceeding three thousand penalty units.
(1) The Minister may, on the recommendation of the Agency, by regulation, make provision for examination of motor vehicles and trailers submitted for examination under this section and for the issue, where it is found on such an examination that the requirements are complied with, or a certificate (hereinafter referred to as a "test certificate") that at the date of the examination the said requirements were complied with in relation to the motor vehicle or trailer so examined.
(2) Where a test certificate is refused, the vehicle examiner shall issue a notification of the refusal stating the ground thereof, and any person aggrieved by the refusal may appeal to the Director within 30 days; and on any appeal the Director shall cause a further examination to be made and either issue a test certificate or confirm the notification earlier issued by the vehicle examiner.
(3) The Minister may, on the advice of the Agency, by statutory instrument, make regulations for the purpose of giving effect to the provisions of this section and for prescribing anything authorised by this section to be prescribed and in particular as to—
(a) the establishment and maintenance of stations where examinations under this section may be carried out and the provisions and maintenance of apparatus for carrying out such examination;
(b) the manner in which the conditions under which the inspection of premises at which apparatus with which the examinations are being, or are to be carried out;
(c) the manner in which applications for, or notices of examinations due under this section are to be made, the manner in which appeals may be brought under sub-section (2), the information to be supplied and documents to be produced on such application, examination or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Director that there were substantial grounds for contesting the whole or part of the decision appealed against;
(d) the form of, and particulars to be contained in, test certificates, their display and production on demand to police officers or road traffic inspectors, and the form of notification or a refusal to issue a test certificate;
(e) the issue of duplicates or test certificates lost or defaced, and the fees to be paid for their issue;
(f) the keeping by vehicle examiners or registers of test certificates, and the inspections of such registers by such persons and in such circumstances as may be prescribed; and
(g) the keeping by the vehicle examiners of such other records as may be prescribed and the furnishing by them of returns and information to the Director.
(4) Regulations under this section may make different provisions in relation to different motor vehicles and trailers or classes of motor vehicles and trailers.
If in any proceedings under this Act any question arises whether a motor vehicle or trailer does or does not comply with any provision of this Act or any regulation made under it, a certificate purporting to be signed by any person appointed by Gazette notice, by the Agency, to act as a vehicle examiner for the purposes of this Act, that such person has examined the vehicle or trailer and as to the result of the person’s examination, shall be admissible in evidence and shall be prima facie evidence of any fact or opinion stated therein relating to the matter in question without calling as a witness the person who purports to have signed such certificate:
Provided that any person against whom the evidence of such certificate is sought to be used shall have the right to object to the admissibility of such certificate as evidence unless the person who purports to have signed it is called as a witness.
(1) Any person who uses a motor vehicle or trailer on a road at any time or causes or permits to be used a motor vehicle or trailer to which this section applies and in respect of which no test certificate has been issued within the appropriate period commits an offence and shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding seven hundred and fifty penalty units, and in the case of a second or subsequent offence, to a fine not exceeding one thousand five hundred penalty units.
(2) Notwithstanding the provisions of sub-section (1), any motor vehicle or trailer on which no test certificate is displayed may be impounded by any road traffic inspector in uniform or by a police officer.
(3) The motor vehicles and trailers to which this section applies at any time shall be such as the Minister, on the recommendation of the Agency, may, by statutory notice, determine.
(4) The Minister may, on the recommendation of the Agency, by regulation exempt from sub-section (1) and (2)—
(a) the use of motor vehicles or trailers for such purposes as may be prescribed; and
(b) the use of motor vehicles or trailers in any such road as may be prescribed.
(5) The Minister may, on the recommendation of the Agency, by regulation provide that, where application is made under section 35 for a licence of a motor vehicle or trailer to which this section applies, licence shall not be granted except after—
(a) the production of such evidence as may be prescribed of the granting of an effective test certificate or (if it is so prescribed) the production of such a certificate; or
(b) the making of such a declaration as may be prescribed that the motor vehicle or trailer is not intended to be used during the period for which the licence is to be in force except for a purpose prescribed under sub-section (3) or in an area or on a road prescribed under sub-section (4).
(6) In paragraph (a) of sub-section (5), the expression "effective test certificate" means in relation to an application for a licence for a motor vehicle or trailer a test certificate relating to the motor vehicle or trailer and issued within the appropriate period before the date from which the licence is to be in force.
(7) In this section "appropriate period" means a period of 12 months or such shorter period as may be prescribed.
(8) Where within the appropriate period after the issue of a test certificate, but not earlier than one month before the end of the period, a further test certificate is issued in respect of the same motor vehicle or trailer, the further certificate shall be treated for the purposes of this section as if issued at the end of the said appropriate period.
(9) For the purposes of spreading the work of issuing certificates in anticipation of the coming into operation of this section or of a change in the length of the appropriate period—
(a) the order appointing a day for coming into operation of this section may appoint different days in respect of different motor vehicles, trailers or classes of motor vehicles or trailers;
(b) the regulations changing the length of the appropriate period may be made so as to come into operation on different days in respect of different motor vehicles, trailers or classes of motor vehicles or trailers.
The provisions of sub-sections (2), (3), (4), (5) and (6) of section 20, 21 and 23 shall not apply in relation to any motor vehicle or trailer to which the provisions of Part IX apply.
(1) When any motor vehicle or trailer is broken up, destroyed or permanently taken out of Zambia, the person who at the material time is the owner of such motor vehicle or trailer shall, within 14 days, notify the licensing officer of the District in which the vehicle or trailer is registered and shall deliver up the registration document to the licensing officer.
(2) The licensing officer may on receipt of such information and the registration document assign the registration mark of such motor vehicle or trailer to any other motor vehicle or trailer subsequently registered by that officer.
(3) Where a motor vehicle or trailer has not been licensed or exempted from being licensed, for a consecutive period of five years, its registration shall be cancelled by the licensing officer of the District in which it is registered, and its registration mark may be assigned to any motor vehicle or trailer subsequently registered by such licensing officer and a registration so cancelled shall be of no effect.
The following classes of motor vehicles or trailers shall be exempt from the need for registration—
(a) motor vehicles or trailers in the possession of manufacturers of, or dealers in, motor vehicles or trailers, but subject to such provisions as the motor dealer’s vehicle licences as may appear hereinafter;
(b) motor vehicles or trailers brought into Zambia by visitors, whether used under the authority of an international certificate or not, and exempted from registration in accordance with any regulation made under this Act;
(c) trailers used exclusively for agriculture purposes and not used on any public road; or
(d) any other motor vehicle or trailer as may, by regulation, be exempted from registration.
(1) There shall be fixed and maintained on every motor vehicle and trailer in such a manner as may be prescribed the registration mark and number referred to in sub-section (3) of section 11.
(2) No other figures, letters or designs may be placed on or within such distance as may be prescribed from a registration mark lawfully fixed on a motor vehicle in terms of this section.
[S 27(2) rep and s 27(3) renumbered as s 27(2) by s 13 of Act 8 of 2022.]
(1) A person who manufactures a blank number plate, or an embosser shall obtain a permit from the Director and comply with terms and conditions that may be prescribed.
[S 28(1) subs by s 14 of Act 8 of 2022.]
(2) Any person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.
(1) If the registration marks and numbers to be fixed and maintained in accordance with this Act and regulations made under it are so fixed and maintained and, are in anyway obscured or rendered or allowed to become not easily distinguishable, the person driving the motor vehicle or trailer and its owner commits an offence, and shall be liable, upon conviction, in the case of a first offence to a fine not exceeding seven hundred penalty units, and in the case of a second or subsequent offence, to a fine not exceeding one thousand five hundred units:
Provided that a person shall not be convicted of an offence under this section if in the case of a prosecution for obscuring a mark or rendering or allowing it to become not easily distinguishable, the person proves that the person has taken all steps reasonably practicable to prevent the mark from being obscured or rendered not easily distinguishable.
(2) A person who knowingly drives or is in charge or control of motor vehicle which bears a false registration mark commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment not exceeding five years, and in the case of a second subsequent offence, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding 10 years, or both.
(3) Notwithstanding anything contained in sub-section (1), any motor vehicle or trailer having false registration marks and numbers affixed may be impounded by any road traffic inspector in uniform or by any police officer.
PART IV
VEHICLE LICENSING
(1) No person shall use, or being the owner shall cause or permit to be used upon a road, any motor vehicle or trailer unless there is in force in relation to that vehicle or trailer a licence issued in accordance with the provisions of this Part, and no person shall use or cause or permit to be used a motor vehicle or trailer for a purpose not authorised by, or in contravention of any condition or other provision contained in any licence in force in relation to such motor vehicle or trailer under this Part.
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