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VOLUME: XV
ROAD TRAFFIC
CHAPTER: 69:01

ARRANGEMENT OF SECTIONS

     SECTION

 

PART I
Preliminary

                1.         Short title

                2.         Interpretation

                3.         Appointment of officers

                4.         Classification of motor vehicle

 

PART II
Registration of Vehicles

                5.         Records of vehicles

                6.         Motor vehicles and trailers to be registered

                7.         Inspection fee

                8.         Owner of vehicle

                9.         Change of ownership

               10.         Registration of vehicles imported into Botswana

               11.         Vehicles to carry identification plates

               12.         Production of registration books

               13.         Cancellation of registration in certain cases

               14.         Offences and penalties

               15.         Exemptions

 

PART III
Motor Vehicle Licences

               16.         Motor vehicles to be licensed

               17.         Application for motor vehicle licence

               18.         Conditions for the issue of motor vehicle licences

               19.         Motor vehicle licences

               20.         Licence to be carried on vehicle

               21.         Duplicate motor vehicle licences

               22.         New motor vehicle licence required in certain circumstances

 

PART IV
Motor Dealers' Licences

               23.         Motor dealer's licence

               24.         Use of motor dealer's licence

               25.         Duration of motor dealer's licence

               26.         Cancellation of motor dealer's licence

               27.         Motor dealer's licence not to be transferred without authority

 

PART V
Recovery of Fees and Penalties

               28.         Recovery of licence fees by civil process

               29.         Penalties

 

PART VI
Driving Licences

               30.         Drivers to be licensed

               31.         Conditions for granting of driving licence

               32.         Provisional driving licence

               33.         Age limits for granting of driving licences

               34.         Form of application

               35.         Driving licences to members of security forces

               36.         ......

               37.         Form of driving licence

               38.         Duplicate licences

               39.         Driving test

               40.         Suspension, etc. of driving licence or permit

               41.         Driving instructors' certificates

               42.         No penalty prescribed

               43.         .....

 

PART VII
Driving and other Offences Relating to the Use of Vehicles
 on Roads

               44.         Speed limit

            44A.         Detecting devices

               45.         Penalties in relation to speed

               46.         Driving, or being in charge, when under influence of drink or drugs

               47.         Power to require breath specimen

               48.         Evidence on charge of unfitness to drive through drink or drugs or causing death thereby

               49.         Reckless and dangerous driving generally

               50.         Causing death by reckless driving, etc.

               51.         Careless and inconsiderate driving

               52.         Alternative offences

               53.         Mandatory disqualification

               54.         Power of arrest

               55.         Right to demand name and address

               56.         Proper fuel to be used in motor vehicles

               57.         Signals and signs to be obeyed

               58.         Offences relating to parking bays and areas

               59.         Vehicles not to obstruct roads

               60.         Racing, pacemaking and trial of speed

               61.         Condition of vehicles

               62.         Limitation

               63.         Exemptions

               64.         Penalty for improper condition or overloading

               65.         Obstructing driver of motor vehicle

               66.         Motor cycles

               67.         Riding in a dangerous position

               68.         Restriction on towing and mounting a vehicle

               69.         Causing damage to a vehicle

               70.         Tampering with a vehicle

               71.         Taking a vehicle without authority

               72.         Unattended motor vehicles

               73.         Offences in connection with level crossings

               74.         Offences and penalties

 

PART VIII
Regulation of Traffic

               75.         ......

               76.         Highway Code

               77.         Police empowered to regulate traffic

               78.         Traffic signs

               79.         Closure of roads

               80.         Injury to bridge and roads

               81.         Power of road authority to instal parking meters

 

PART IX
Accidents

               82.         Duty to stop and report

               83.         Penalties for not stopping and reporting

               84.         Police empowered to inspect and remove and detain vehicles involved in an accident

 

PART X
Powers of Court, Disqualification, etc.

               85.         Powers of court

               86.         Right of appeal

               87.         Effects of disqualification or suspension

               88.         Driving whilst disqualified

               89.         Fraudulent application for driving licence

               90.         Particulars of endorsement to be inserted in new licence

               91.         Applying for licence without disclosing endorsement

               92.         Issue of new licence free from endorsement

 

PART XI
Offences by Drivers of Vehicles other than Motor Vehicles

               93.         Driving under the influence of drink

               94.         Reckless driving

               95.         Careless driving

               96.         Restrictions on riding cycles

 

PART XII
Miscellaneous Provisions as to Roads

               97.         Restrictions on pedestrians

               98.         Pedestrian crossings

               99.         Restrictions on animal-drawn vehicles on roads

             100.         Offences in connection with roads

             101.         Offences in connection with gates by which cattle might gain access to certain roads

             102.         Encroachment on and damage to roads

             103.         Prohibition on use of tracked vehicles

             104.         Restriction with regard to use of bridge

             105.         Non-liability of road authority for damage

             106.         Requirements for certain public service vehicles

           106A.         Penalties

 

PART XIII
Public Service Vehicles

             107.         Requirements for certain public service vehicles

             108.         Application for public service vehicle permit

             109.         Issue and conditions of public service permit

             110.         Drivers and conductors of public service vehicles

             111.         Power to cancel permit and disqualify

             112.         Right of appeal

             113.         Passengers and loads

             114.         Touting

             115.         Penalties

 

PART XIV
General

             116.         Inspection of vehicles

             117.         Removal of vehicles from road

             118.         Detention of vehicles

             119.         Certificates admissible in evidence

             120.         Owner or other person to furnish name and address of driver of vehicle

             121.         Owner to keep list of drivers employed

             122.         Verification of facts

             123.         Giving false information

             124.         Fraudulent imitation, etc. of documents

             125.         Endorsement of licence to be proof of conviction

             126.         Notice to attend court

             127.         Axle load, weight and dimensions

             128.         Scheduled traffic offences

             129.         General penalty

             130.         Regulations

             131.         Road Safety Committee and National Road Safety Fund

             132.         Power to suspend, and exempt from, certain provisions

             133.         Admission of guilt

 

                            Schedule

 

Act 43, 1972,
S.I. 144, 1974,
Act 28, 1975,
Act 7, 1977,
Act 19, 1978,
S.I. 134, 1978,
Act 4, 1982,
Act 18, 1983,
Act 15, 1989,
Act 16, 1992,
Act 18, 1993,
S.I. 31, 1998,
Act 6, 2001,
Act 13, 2002,
Act 27, 2008,
S.I. 25, 2009.

An Act to provide for the registration and licensing of motor vehicles; for the issue of driving licences; for the creation of offences relating to the use of vehicles and for the regulation of traffic; and for matters incidental thereto.

[Date of Commencement: 1st January, 1975]


Part:I Preliminary ss 14

1.       Short title

            This Act may be cited as the Road Traffic Act.

2.       Interpretation

            (1) In this Act, unless the context otherwise requires-

            "articulated vehicle" means a combination of vehicles comprising a motor vehicle and semi-trailer coupled to the motor vehicle;

            "authorized officer" means a person specially or generally authorized by the Minister for the matter in question;

            "bridge" includes culvert and causeway;

            "bus" means a motor vehicle having seating accommodation for more than 30 passengers and not more than 100 passengers on a single deck, exclusive of the driver;

            "call-cab" means a light motor vehicle having seating capacity for not more than four passengers, exclusive of the driver, and available for hire or operated for reward from a defined private place;

            "carriageway" means the part of a road normally used by vehicular traffic, including those portions commonly known as the shoulders, but excluding any portion of any such road which is set aside for use by pedestrian traffic;

            "cattle" includes oxen, bulls, cows, horses, camels, mules, donkeys, sheep, goats and swine;

            "combination of vehicles" means coupled vehicles which travel on the road as a unit;

            "commercial vehicle" means a motor vehicle wholly or primarily constructed or adapted for the carriage of goods or burdens of any description in connection with any trade, business or agriculture, but does not include any type or class of motor vehicle which the Director may, by notice in the Gazette, declare not to be a commercial vehicle for the purposes of this Act;

            "conductor permit" means an authorisation issued to a person employed by a public service vehicle operator to handle fees from passengers and handle luggage of passengers;

            "conversion" means the replacement of a driving licence obtained outside Botswana with a new Botswana driving licence;

            "cycle" means any vehicle with one or more wheels which is propelled by the muscular energy of the driver acting on the pedals;

            "demerit point" means a point incurred by a person who has contravened any offence under this Act

            "detecting device" means a device prescribed as a traffic offence detecting device for the purposes of this Act;

            "Director" means the Director of Road Transport and Safety appointed under section 3;

            "double-deck bus" means a bus having an upper and lower deck with seats exceeding 100 passengers, exclusive of the driver;

            "drive", in relation to a vehicle, includes the steering of such vehicle;

            "driver", in relation to a vehicle, means any person who drives or guides, or is in actual physical control of, any vehicle, and in relation to cattle, means the person in charge or control of the cattle;

            "driving licence" means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by virtue of any regulations made under this Act;

            "driving school" means a business licensed under this Act which employs for a reward, licensed driving instructors to instruct or supervise any person in the driving of a motor vehicle on a road;

            "driving test examiner" means any person appointed to be a driving test examiner under section 3(1)(b);

            "gross vehicle mass (GVM)" means the maximum weight of a vehicle and its load as specified by the manufacturer or, in the absence of such specification, as determined by a competent authority;

            "hazardous goods" means dangerous goods or substances which shall include but not be limited to packages, unit load, bulk containers, bulk transportation equipment, petroleum-based flammable liquids and other objects that are considered hazardous or dangerous in terms of the following Acts-

     (a)     Explosives Act;

     (b)     Fire Services Act;

     (c)     Mines and Minerals Act;

     (d)     Wildlife Conservation and National Parks Act;

     (e)     Atmospheric Pollution (Prevention) Act; or

     (f)      Arms and Ammunition Act.

            "heavy commercial vehicle" means a commercial motor vehicle wholly or primarily constructed or adapted for the carriage of goods the gross weight of which exceeds 7500 kg;

            "heavy motor vehicles" has the meaning ascribed to it by section 4(2)(c);

            "heavy trailer" means a trailer of a GVM exceeding 750 kg;

            "identification plate" means one of the prescribed number of identification plates required to be carried on a motor vehicle under section 11 or section 24;

            "institutional vehicle" means a vehicle registered under the name of any formal institution such as training colleges, universities, schools, churches, Government and parastatal organisations;

            "laden weight" means the actual weight of the vehicle as loaded, with the crew and passengers on board;

            "licensing officer" means a licensing officer appointed under section 3(2);

            "light trailer" means any trailer of a GVM not exceeding 750 kg;

            "light vehicle" means a motor vehicle other than a motor cycle having a permissible maximum weight not exceeding 3 500 kilograms;

            "light commercial vehicle" means a commercial motor vehicle wholly or primarily constructed or adapted for the carriage of goods the gross weight of which does not exceed 7500 kg;

            "main road" means any road declared to be a main road under section 100;

            "mini-bus" means a motor vehicle having seating capacity for more than 11 but not more than 15 passengers, exclusive of the driver;

            "midi-bus" means a motor vehicle having seating capacity for more than 15 passengers but not more than 30 passengers, exclusive of the driver;

            "motor car" means a motor vehicle having seating accommodation for not more than seven passengers excluding the driver, but does not include a motor cycle;

            "motor cycle" means any two or three or four-wheeled vehicle as prescribed under section 4;

            "motor dealer" means any person who deals by way of business in motor vehicles or trailers including a manufacturer and a repairer of such vehicles;

            "motor dealer's licence" means a licence issued under section 23;

            "motor omnibus" means-

     (a)     a public service vehicle having seating accommodation for more than seven passengers exclusive of the driver; or

     (b)     a motor vehicle having seating accommodation for more than 11 passengers exclusive of the driver;

            "motor vehicle" means any vehicle, self-propelled by mechanical or electrical power, but excluding any vehicle running on a specially prepared way such as a railway or tramway or cables and such other vehicles as the Minister may, from time to time by notice published in the Gazette, declare not to be motor vehicles for the purposes of this Act;

            "motor vehicle examiner" means any person appointed to be a motor vehicle examiner under section 3(1)(b);

            "motor vehicle licence" means a motor vehicle licence issued under Part III;

            "owner", in relation to a vehicle, includes the owner, joint owner or part owner of a vehicle and, where a vehicle is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;

            "permit" means an authorisation issued under section 108 of the Act;

            "physically disabled" means any person driving a light motor vehicle with automatic transmission and adapted and clearly marked with a badge for driving by handicapped persons and which may make use of the facility, road, or portion of the road indicated by an appropriate road sign;

            "plying for hire" includes-

     (a)     standing on any public taxi stand;

     (b)     being offered for hire by any notice, advertisement or announcement, or any express or implied invitation;

     (c)     standing or travelling whilst exhibiting a "For Hire" notice of any kind;

            "private hire vehicle" means any public service vehicle used for the conveyance of passengers or goods for rental purposes;

            "Professional Driving Permit (PrDP)" means, respectively, one of the permits issued under section 106;

            "provisional licence" means a licence to drive a motor vehicle issued under section 32;

            "public service vehicle" means any vehicle which is licenced under Part XIII to-

      (i)     carry passengers or goods for hire or reward or on own account; or

      (ii)     ply for hire or reward or is let out for hire or reward;

            "qualified person" means a pathologist, police officer, medical practitioner, laboratory technician, intern or houseman, forensic analyst, laboratory scientist or registered nurse of or above the rank of staff nurse or such other person as the Minister may prescribe;

            "registered owner" means the person in whose name a vehicle is registered under section 6;

            "registration book" means the registration book issued by the Director in respect of a vehicle under section 6(5);

            "registration number" means the number allocated to a vehicle when it is registered under section 6(5);

            "road" means the entire surface of any way, road, street, thoroughfare, wharf, car park, footpath, bridle-path or road reserve on which a vehicle is capable of travelling and to which the public have access, and includes-

     (a)     any bridge, drift, ford or ferry traversed thereby;

     (b)     any road established, proclaimed or recognised as such under the provisions of any written law; and

     (c)     any road however created which, before or after the commencement of this Act, has been in the undisturbed use of the public or which the public has had the right to use during a period of not less than three years:

            Provided that in any prosecution under this Act the road on which the offence is alleged to have occurred shall be presumed to be a road to which the public has access, or which has been in the undisturbed use of the public, or which the public have had a right to use, for not less than three years, unless the contrary is proved;

            "road authority", where a road in any area or district has been lawfully vested in a local authority or any other person, means such local authority or such person, and where a road has not been so vested means such public officer as the Minister may, by notice published in the Gazette, appoint to be the road authority for that road for the purposes of this Act;

            "school-bus" means a motor vehicle used solely for the conveyance of school children from place of abode to a school and vice versa or to undertake extra-curricula activities;

            "tare weight" means the weight of a vehicle when unladen without the crew, passengers or load, but with a full standard supply of fuel and with the tools and spare parts which the vehicle normally carries;

            "taxi" means any public service vehicle having seating accommodation for not more than four passengers, excluding the driver, which is licensed under this Act or any other written law relating to the licensing and operation of taxi to ply for hire from a taxi rank or other public place;

            "tractor" means an agriculture vehicle designed or adapted solely for agricultural activities and does not include a road or passenger vehicle;

            "traffic sign" means any sign, signal, signpost, notice, light or other device or object, whether fixed or portable, erected or in any way displayed upon or adjacent to any road by or with the consent of the road authority, for the purpose of warning, regulating, restricting or prohibiting traffic and vehicles of any kind on a road and includes any line, mark, words or other sign on the surface of the road for conveying such warning, regulation, restriction or prohibition:

            Provided that all traffic signs shall conform to any regulations as to size, colour and type which may be prescribed under this Act;

            "trailer" means any vehicle without motive power designed to be drawn by a motor vehicle, whether or not part of the trailer is superimposed on the drawing vehicle, but does not include a sidecar attached to a motor cycle;

            "train-bus" means a bus which-

      (i)     consists of two sections connected to form a unit;

      (ii)     can swivel in a horizontal plane at the connection between such sections; and

     (iii)     is designed or adapted solely or principally for the conveyance of at least 100 passengers, exclusive of the driver;

            "unladen weight" means the weight of the vehicle without crew, passengers or load, but with a full supply of fuel, oil, grease, spare wheel and with the tools which the vehicle normally carries.

            "vehicle" means any conveyance or structure which is designed to be propelled or drawn on land, and includes a motor vehicle, a trailer and an aircraft when such aircraft is stationary or in motion upon a road, but excludes a conveyance propelled or drawn by a human being and designed and used for transporting infants or infirm persons.

            (2) A vehicle shall for the purposes of this Act or any regulations made thereunder be deemed to be used when it is on a road, whether it is stationary or moving, and a person shall be deemed to use a vehicle if he is the owner thereof, or is the person in possession, charge or control thereof, or is the driver thereof or if he is the person who caused it to be used.

3.       Appointment of officers

            (1) The Minister shall, by notice published in the Gazette, appoint-

     (a)     a Director of Road Transport and Safety, who shall have such duties relating to the administration of this Act, as the Minister may, from time to time, determine, which duties the Director may, with the consent of the Minister, delegate to any public officer;

     (b)     such motor vehicle examiners and driving test examiners as may be necessary for carrying out the purposes and provisions of this Act and any regulations made thereunder.

            (2) The Director shall, by notice published in the Gazette, appoint such licensing officers as may be necessary for carrying out the purposes and provisions of this Act.

4.       Classification of motor vehicle

            (1) This Act shall apply to all motor vehicles and other traffic on a road and other surfaces normally used by motor vehicles.

            (2) For the purposes of this Act and any regulations made thereunder, motor vehicles shall be divided into the following classes-

     (a)     motor cycles-

           (i)       (A1) not exceeding 125 cubic centimetres (cc) engine capacity and not exceeding 230 kg GVM;

          (ii)       (A) exceeding 125 cubic centimetres engine capacity or 230 kg GVM;

     (b)     light motor vehicles-

              (B) light motor vehicles not exceeding 3500 kg GVM;

     (c)     heavy motor vehicles-

           (i)       (C1) heavy motor vehicles with GVM exceeding 3500 kg GVM but not more than 16000 kg GVM;

          (ii)       (C) heavy motor vehicles with GVM exceeding 16000 kg;

     (d)     combination of vehicles-

           (i)       (EB) combination of vehicles with a light motor vehicle not exceeding 3500 kg GVM and a light trailer (exceeding 750 kg GVM);

          (ii)       (EC1) combination of vehicles with a heavy motor vehicle exceeding 3500 kg GVM but not exceeding 16000 kg with a trailer not exceeding 750 kg GVM; and

          (iii)       (EC) combination of vehicles with a heavy motor vehicle exceeding 16000 kg GVM and one or more trailers exceeding 750 kg GVM;

     (e)     tractors-

              (F) a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers;

     (f)      Professional Driving Permit [PrDP "P" (Passengers), "G" (Goods) "H" (Hazardous)-

           (i)       the vehicle classes to which the PrDP "P" shall apply include call-cab, taxi, mini-bus, midi-bus, schoolbus, bus, train-bus, double-deck bus, and special;

          (ii)       the vehicle classes to which the PrDP "G" shall apply include a motor vehicle other than a motor cycle or motor car, designed or adapted for the conveyance of goods and in the process of loading or off-loading goods on a public road for hire and reward or on own account;

          (iii)       the vehicle classes to which the PrDP "H" shall apply include any vehicle used for the conveyance of hazardous substances.

     (g)     special types-

            (H)    motor vehicles as may be specially authorised by the Director.


 

 

 


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