Commencement: 11 September 2006

REPUBLIC OF VANUATU

ROAD TRAFFIC (CONTROL) (AMENDMENT) ACT
NO. 22 OF 2006

Arrangement of Sections

1	Amendment
2	Commencement

--------------------------------------

REPUBLIC OF VANUATU

ROAD TRAFFIC (CONTROL) (AMENDMENT) ACT
NO. 22 OF 2006

Assent: 17/07/2006
Commencement: 11/09/2006

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

Be it enacted by the President and Parliament as follows-

1	Amendment

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

2	Commencement

This Act commences on the date on which it is published in the Gazette.

_______________________

SCHEDULE

AMENDMENTS OF THE ROAD TRAFFIC (CONTROL) ACT
[CAP 29]

1	Section 9

Repeal the section, substitute

"9	Vehicle not to cause nuisance

(1)	In this section:

obnoxious fume means fumes that are emitted by an engine of a vehicle through its exhaust.

excessive noise means a sound considered as a nuisance caused by a broken exhaust of a vehicle or any other parts of the vehicle.

(2)	A vehicle that uses a public road must not emit obnoxious fume or cause excessive noise.

(3)	If it appears to a police officer that any motor vehicle emits obnoxious fume or causes excessive noise, he or she must require the driver of that vehicle or owner of that vehicle to submit or resubmit the vehicle for examination by a vehicle examiner within such period as he or she may specify in the form prescribed in Schedule 9.

(4)	A person who fails to submit his or her vehicle for examination as required under subsection (3) is guilty of an offence under this Act.

2	Section 13 A

Repeal the section, substitute

"13A	Prohibition of heavy vehicles through the Central Business District

(1)	Subject to subsection (2), a driver of a heavy vehicle that is designed to carry a tonnage as may be prescribed by Order, must not drive the vehicle through the Central Business District of Port Vila and Luganville.

(2)	A driver of a heavy vehicle referred to under subsection (1) may drive the vehicle through the Central Business District of Luganville and Port Vila if the vehicle is used to deliver goods for a business that is located within the Central Business District of Luganville or Port Vila.

(3)	Any person who contravenes subsection (1) is liable on conviction for a first offence to a fine not exceeding VT20, 000 or for a second or subsequent offence to a fine not exceeding VT40, 000 or to imprisonment for a term not exceeding three months or to both fine and imprisonment.

(4)	The Minister is to declare by Order the Central Business District of Port Vila and Luganville.

3	Subsection 32(1) (definition of vehicle examiner)

Repeal the definition, substitute

"vehicle examiner means a person authorised under subsection (1A) to examine motor vehicles.".

4	Subsection 32(2)

Repeal the subsection (including the proviso), substitute

"(2)	The owner of a motor vehicle must, once in every year present the vehicle to a vehicle examiner for examination for the purpose of ascertaining whether the motor vehicle is in a roadworthy condition.

(2A)	If the vehicle examiner is satisfied that the motor vehicle is in a roadworthy condition, the vehicle examiner must issue to the owner of the motor vehicle a certificate to that effect in the form prescribed in Schedule 8.

5	Subsection 32(3)

Delete "an appointed person", substitute "a vehicle examiner".

6	Subsection 32(4)

Delete "appointed person", substitute "vehicle examiner".

7	Section 32

Add at the end

"(6)	A certificate of roadworthiness is valid for a period of one year from the date on which it was issued.

(7)	The regulations may prescribe different fees in relation to different kinds of motor vehicles.".

8	Section 46

Delete "one" substitute "three".

9	Section 46A

Repeal the section, substitute

"46A	Renewing driving licences

(1)	Subject to subsection (3), a holder of a driving licence that has an expiry date must on the expiry of that licence have his or her licence renewed by the licensing authority for a period of 3 years.

(2)	A holder of a driving licence that does not have an expiry date must present his or her licence to the licensing authority, on or before 1st of September 2006 to be issued with a new driving licence that has a validity of 3 years. 

(3)	A driving licence is not to be renewed unless the holder of the licence:

(a)	pays to the licensing authority the renewal fee prescribed by the regulations; and

(b)	produces to the licensing authority a medical certificate in the prescribed form.

(4)	If the holder of a driving licence fails to renew his or her driving licence:

(a)	the holder of the licence is guilty of an offence and is liable on conviction to a fine or imprisonment under subsection 53(1); and

(b)	the licence of such holder is to be revoked until such time the licence is renewed.

10	Section 46B

Repeal the section, substitute

"46B	Lost driving licence

A licensing authority must not issue a new driving licence to a person who has lost his or her driving licence unless the person has paid a fee prescribed by the Regulation for the issue of a new licence.

11	After subsection 47(5)

Insert

"(6)	To avoid doubt, this section does not apply to any person who is in possession of a valid driving licence obtained under section 44 and who intends to apply for a driving licence of another category of the vehicle.

12	Subsection 53(2)

Delete "42".

13	Subsection 53B (1)

After "Customs officer" insert "or Police officer".

14	Subsection 53B (8)

Repeal the subsection.

15	After section 54A

Insert

"54AA		Additional power to stop vehicle 

(1)	In addition to section 54A, any police officer may challenge and summon to stop any driver of a vehicle for the purpose of determining whether or not:

(a)	the driver of the vehicle has renewed his or her driving licence as required under section 46A; or

(b)	the driver of the vehicle is in possession of a valid driving licence".

16	Section 59

Repeal the section, substitute

"59	Regulations 

(1)	The Minister may make regulations:

(a)	required or permitted by this Act to be prescribed; or

(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)	Without limiting subsection (1), the regulations may prescribe fees in respect of matters under this Act.".

---------------------------------