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Road Traffic Joint Regulation (Amendment) Act 1989

Commencement:

REPUBLIC OF VANUATU

THE ROAD TRAFFIC JOINT REGULATION (AMENDMENT) ACT
No. 55 OF 1989

1. Amendment of section, 2 of the Joint Traffic Regulation No. 4 of 1962.
2. Amendment- of section 4 of the Regulation.
3. Amendment of section 13A of the Regulation.
4. Amendment of section 18 of the Regulation.
5. Insertion of new section 18A in the Regulation.
6. Amendment of section 25 of the Regulation.
7. Amendment of section 26 of the Regulation.
8. Amendment of section 28 of the Regulation.
9. Replacement of section 33 of the Regulation.
10. Amendment of section 33A of the Regulation.
11. Amendment of section 37A of the Regulation.
12. Insertion of new section 38A in the Regulation.
13. Amendment of section 46 of the Regulation.
14. Insertion of new sections 47C and 47D in the Regulation.
15. Insertion of new Schedule H in the Regulation.
16. Repeal.
17. Commencement.

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REPUBLIC OF VANUATU

THE ROAD TRAFFIC JOINT REGULATION (AMENDMENT) ACT
No. 55 OF 1989

Assent: 27/12/89
Commencement:

To amend the Road Traffic Joint Regulation No. 4 of 1962.

BE IT ENACTED by the President and Parliament as follows:-

AMENDMENT OF SECTION 2 OF THE JOINT TRAFFIC REGULATION No. 4 OF 1962

1. Section 2 of the Joint Traffic Regulation No. 4 of 1962 (the Regulation) is amended as follows:-

(a) by the substitution of the words 'capable of transporting or intended for transporting' for the word 'transporting' in the definition of common vehicle;

(b) by the substitution of the figure '4' for the figure '2' in the definition of heavy vehicle;

(c) in the definition of 'licensing authority' by the substitution of the words 'Minister responsible for finance' for the word 'Minister'.

(d) by the deletion of 'public road,' and its definition and substituting the following:-

"'public road' for the purpose of this Act includes every road which is built or maintained at public expenses and to which the public have access, or any road declared as public by the Minister."

(e) by the insertion of the following term and definition:-

"'town limits of Vila and Luganville' means the town limits as from time to time defined by an order issued under section 1 of the Municipalities Act, No. 5 of 1980."

AMENDMENT OF SECTION 4 OF THE REGULATION

2. Section 4 of the Regulation is amended by the insertion of the words 'or GIVE WAY' after the word 'STOP'.

REPLACEMENT OF SECTION 13A OF THE REGULATION

3. Section 13A of the Regulation is repealed and the following section is substituted:-

"RESTRICTION OF HEAVY VEHICLES AT PEAK HOURS

13A. (1) It shall be unlawful to drive any heavy vehicle within the town limits of Vila and Luganville from 7a.m. - 9a.m., 11a.m. - 12 noon, 4p.m. - 6p.m. from Monday to Friday and on Saturday from 7a.m. - 12 noon.

(2) The Minister may, by order, prescribe different times for the purpose of subsection (1), and he may in such orders specify areas or public roads within the town limits of Vila and Luganvillle to which subsection (1) shall apply.

Any person contravening the provisions of subsection (1) or any order made under subsection (2), shall be liable on conviction for a first offence to a fine not exceeding VT20,000 and 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."

AMENDMENT OF SECTION 18 OF THE REGULATION

4. Section 18 of the Regulation is amended -

(a) in subsection (1) by deleting the words 'to this Regulation' and substituting the words 'to this Regulation or as prescribed by the Minister under section 47D.';

(b) by repealing subsection (4).

INSERTION OF NEW SECTION 18A IN THE REGULATION

5. After section 18 of the Regulation, insert the following new section:-

"FAILURE TO COMPLY WITH TRAFFIC SIGNS, ETC., AN OFFENCE

18A. Any person who -

(a) fails to comply with a traffic sign, other than a 'STOP' sign;

(b) damages, defaces or removes a traffic sign;

(c) directly or indirectly erects a sign capable of being confused with one of the traffic signs prescribed in Schedule G,

is guilty of an offence and shall be liable on conviction to a fine not exceeding VT20,000 or to imprisonment for a term not exceeding two months or to both such fine and imprisonment."

REPLACEMENT OF SECTION 25 OF THE REGULATION

6. Section 25 of the Regulation is repealed and the following section is substituted:

"REGISTRATION PLATES AND NUMBERS

25. (1) No owner of any registered vehicle shall drive or permit such vehicle to be driven on a public road unless it be fitted with plates in front and at the rear showing the registration number.

(2) The letters and numbers constituting the registration number shall not be less than three inches high and shall be white on a black background or if in relief, to be of a design approved by the Commissioner of Police.

(3) Different classes of vehicle shall be distinguished by affixing in a conspicuous position on the registration plate whichever of the following styles of registration label is appropriate -

(a) for a taxi, a red letter 'T' on a white background;

(b) for a public vehicle, a red letter 'B' on a white background;

(c) for a hire or rental vehicle, a white reflective letter 'H' on a green background;

(d) for an automobile dealer trade vehicle the white letters "ADT" on a red background:

Provided that the Minister many prescribe other styles of registration label for any other class of vehicle."

(4) The registration number shall be clearly visible by day to a person standing 20 yards to the front or rear of the vehicle. At night the rear plate shall be clearly illuminated by a light and shall be visible at the same distance.

(5) Notwithstanding subsection (1) of this section, motor cycles shall require a plate at the rear only.

AMENDMENT OF SECTION 26 OF THE REGULATION

7. Section 26 of the Regulation is amended -

(a) by the insertion of the word 'head' after the word 'yellow' where it occurs;

(b) by the substitution of the words 'two red lights, one at the left and one at the right' for the 'words 'a red light at the rear of the left hand side'.

AMENDMENT OF SECTION 28 OF THE REGULATION

8. Section 28 of the Regulation is amended by substituting the words 'two white or yellow lights at the front and two red lights at the rear' for the words 'on the off side a white or yellow light at the front and a red light at the rear'.

REPLACEMENT OF SECTION 33 OF THE REGULATION

9. Section 33 of the Regulation is repealed and the following section is substituted:-

"ANNUAL TAX

33. (1) The owner of every motor vehicle using a public road shall pay the annual tax set out in Schedule H and no person shall drive, or, being the owner, permit any other person to drive such motor vehicle on the public road unless the prescribed taxes have been paid.

(2) Where the motor vehicle is normally used on an Island other than Efate or Espiritu Santo, the rates of tax set out in Schedule H in respect of such vehicle shall be reduced by fifty percent.

(3) Any person contravening the provisions of subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding VT20,000."

AMENDMENT OF SECTION 33A OF THE REGULATION

10. Section 33A is amended in subsection (2) by the substitution of the figure 'VT50,000' for the figure 'VT30,000'.

AMENDMENT OF SECTION 37A OF THE REGULATION

11. Section 37A of the Regulation is amended by the insertion after subsection (4) of the following subsection:-

"(5) Any person driving as a learner driver who fails to comply with the provisions of subsections (1), (3) and (4) is guilty of an offence and on conviction shall be liable to a fine not exceeding VT20,000."

INSERTION OF NEW SECTION 38A IN THE REGULATION

12. The following section is inserted immediately after section 38:-

"DRIVING TEST

38A. Any person wishing to obtain a driving licence issued under section 39 shall, in addition to requirements set out in that section, undertake oral, written and practical tests conducted by the Police Department which shall cover motor vehicles generally and matters pertaining to this Joint Regulation."

AMENDMENT OF SECTION 46 OF THE REGULATION

13. Section 46 of the Regulation is amended, by deleting the figures '18(4)'.

INSERTION OF NEW SECTIONS 47C AND 47D IN THE REGULATION

14. After section 47B of the Regulation, insert the following new section:-

"EXEMPTIONS

47C. The Government shall, in respect of vehicles it owned, be exempt from -

(a) the payment of the registration fee under section 32; and

(b) the payment of the annual tax under section 33.

REGULATIONS

47D. (1) The Minister may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or required to be prescribed and for the carrying out or giving effect to this Joint Regulation.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may from time to time, taking into account views of any interest group, make regulations as appear to him proper for the guidance and information for persons using the roads.

(3) A failure on the part of any person to observe any provisions of any regulation made under subsection (2) shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal and including proceedings for an offence under this Joint Regulation) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

(4) The Minister may, with the prior approval of the Council of Ministers make regulations to amend, vary, replace or repeal any schedule other than schedule H to this Joint Regulation."

INSERTION OF NEW SCHEDULE H IN THE REGULATION

15. After Schedule G of the Regulation, insert the following:-

"SCHEDULE H

(section 33)

ANNUAL MOTOR VEHICLE TAX

1. The annual tax on motor vehicles shall be as follows

(a) Motor Bicycles

(i) with an engine capacity of 100 c.c. or less VT4,000;

(ii) with an engine capacity exceeding 100 c.c VT6,000;

(b) Motor Cars which expression includes any vehicle adapted for the carriage of up to eight passengers on permanent seats -

(i) with an engine capacity of 1,100 c.c. or less VT7,000;

(ii) with an engine capacity exceeding 1,100 c.c. but not exceeding 1,500 c.c. VT10,000;

(iii) with an engine capacity exceeding 1,500 c.c. but not exceeding 2,000 c.c. VT14,000;

(iv) with an engine capacity exceeding 2,000 c.c. but not exceeding 2,500 c.c. VT18,000;

(v) with an engine capacity exceeding 2,500 c.c. VT20,000;

(c) Other vehicles (including vehicles designed or adapted for the carriage of more than eight passengers) -

(i) designed to carry a payload of less than 1 ton VT7,500;

(ii) designed to carry a payload of 1 ton but not exceeding 2 tons VT15,000;

(iii) designed to carry a payload exceeding 2 tons but not exceeding 3 tons VT22,500;

(iv) designed to carry a payload exceeding 3 tons but not exceeding 5 tons VT30,000;

(v) designed to carry a payload exceeding 5 tons but not exceeding 10 tons VT40,000;

(vi) designed to carry a payload exceeding 10 tons VT50,000.

2. Automobile Dealer Trade Plate VT20,000."

REPEAL

16. The Motor Vehicles Taxes (Increases) Act No. 22 of 1985 is repealed.

COMMENCEMENT

17. This Act shall come into force on such day as the Minister may appoint by notice published in the Gazette and the Minister may appoint different days for different provisions, and any reference in any provision to the commencement of this Act shall be construed as a reference to the day appointed under this section for the coming into force of that provision.

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