Commencement: 4 June 1962

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 29

ROAD TRAFFIC (CONTROL)

JR 4 of 1962
JR 19 of 1962
JR 1 of 1963
JR 2 of 1963
JR 11 of 1963
JR 29 of 1964
JR 11 of 1965
JR 16 of 1965
JR 35 of 1966
JR 10 of 1967
JR 16 of 1968
JR 12 of 1969
JR 19 of 1970
JR 19 of 1971
JR 2 of 1972
JR 18 of 1972
JR 26 of 1974
Act 22 of 1985
Act 28 of 1985
Act 27 of 1986

ARRANGEMENT OF SECTIONS

SECTION

PART I
General

1.	Application
2.	Interpretation

PART II
General Provisions for Traffic Control Applicable to all Road Users

A.	Control of Vehicles

3.	Vehicle to have a driver
4.	Vehicle to be driven on right hand side of road
5.	Driver must indicate intention before manoeuvring
6.	Driver not to intersect police or military ranks
7.	Driver not to obstruct circulation of traffic
8.	Driver to take precautions to ensure safety of public in event of accident
9.	Vehicle not to cause nuisance
10.	Obstructing road users prohibited
11.	Vehicle not to constitute or cause danger
12.	Causing death by reckless driving
13.	Reckless driving
14.	Careless driving
15.	Speed limits
16.	Driving when under the influence of drink or drugs

B.	Traffic Accidents Powers of Police

17.	Driver to stop and to report to police in case of accident
18.	Inspection of vehicle suspected of involvement in accident
19.	Obligation to stop when requested to do so by police officer
20.	Minister may restrict, prohibit or control traffic on public roads

PART III
General Provisions for Vehicles

21.	Dimensions of vehicles
22.	Tyres
23.	Restriction on use of wheel chains on vehicles
24.	Dimensions of permitted loads
25.	Loads not to cause danger to public
26.	Number plates
27.	Vehicle to be illuminated between sunset and sunrise
28.	Bicycle to be illuminated between sunset and sunrise
29.	Stationary motor vehicles to show lights
30.	Vehicle to be fitted with warning devices
31.	Vehicle to be fitted with 2 independent brakes
32.	Certificate of roadworthiness

PART IV
Registration and Licensing

33.	Registration of motor vehicle
34.	Annual tax
35.	Payment of annual tax
36.	Reduced tax
37.	Refund of tax
38.	Display of sticker
39.	Vehicle temporarily imported exempt from registration and from tax
40.	Notification of change of ownership

PART V
Third Party Insurance

41.	Compulsory third party insurance

PART VI
Driving Licences

42.	Driver of motor vehicle to have driving licence
43.	Driver to present driving licence and vehicle documents at request of police officer
44.	Driving licences
45.	Minimum age for driving motor vehicle or motor cycle
46.	Duration of driving licences
47.	Learner driver's licence
48.	Driving instructions
49.	Certificate of ability to drive
50.	Entitlement to certificate of ability to drive

PART VII
Offences and Penalties

51.	False declaration
52.	Taking and driving away vehicle without consent
53.	Offences and penalties
53.	Power of police officer to stop offenders
54.	Disqualification

PART VIII
Miscellaneous

56.	Refund of fees
57.	Radar speed meters

SCHEDULE 1-Registration of a motor vehicle
SCHEDULE 2-Registration book for motor vehicles
SCHEDULE 3-Licence to drive
SCHEDULE 4-Application for driving licence
SCHEDULE 5-Certificate of ability to drive
SCHEDULE 6-Hand signals
SCHEDULE 7-Traffic signs
SCHEDULE 8-Certificate of roadworthiness
SCHEDULE 9-Notice to submit vehicle for examination
SCHEDULE 10-Annual motor vehicle tax

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ROAD TRAFFIC (CONTROL)

To control wheeled traffic in Vanuatu.

PART I
GENERAL

APPLICATION

1.	All wheeled traffic shall be subject to the provisions of this Act.

INTERPRETATION

2.	In this Act, unless the context otherwise requires-

"common vehicle" means every vehicle transporting eight persons or more not including the driver, children of less than 10 years being considered half a person up to a maximum of ten children;

"heavy vehicle" includes every vehicle the weight of which unladen is 2 ½ tons or more;

"licensing authority" means the Collector of Rates and Taxes in Port Vila and every person authorised by the Minister in writing to receive such taxes;

"Minister" means the Minister responsible for transport;

"motor bicycle" includes every 2 wheeled vehicle being driven by automotive power,
combustion engine or electrical power but excluding manual power;

"motor vehicle" includes every vehicle driven by automotive power, combustion engine or electrical power;

"public road" includes every road or right of way to which the public may have at any time unrestricted right of access;

"vehicle" includes every type of wheeled transport including tractors.

PART II

GENERAL PROVISIONS FOR TRAFFIC CONTROL
APPLICABLE TO ALL ROAD USERS

A.	Control of Vehicles

VEHICLE TO HAVE DRIVER

3.	Every vehicle, except trailers, must have a driver.

VEHICLE TO BE DRIVEN ON RIGHT HAND SIDE OF ROAD

4.	(1)	Every driver must at all times keep his vehicle to the right hand side of the road (particularly so when another road user arrives from the opposite direction or is ready to overtake). Overtaking will take place on the left. At cross roads, intersections of roads and forked roads, the driver of any vehicle shall give way to another coming on his right:

Provided that the driver of a vehicle on a road which has been designated a "major" road by order of the Minister shall have the right of way, and the driver of a vehicle on a road on which a "STOP" sign has been placed, shall stop and shall yield the right of way.

(2)	When a public road is divided by a continuous white line every driver must drive to the right of this line.

DRIVER MUST INDICATE INTENTION BEFORE MANOEUVRING

5.	Every driver wishing to draw away from the curb, to overtake a vehicle travelling in the same direction, to stop or to change direction must indicate his intention clearly by hand or light signal. The signals used shall be in accordance with Schedule 6. Every driver wishing to overtake another vehicle shall if necessary sound his horn. A driver shall satisfy himself that no danger exists to other road users of himself before carrying out the above operations.

DRIVER NOT TO INTERSECT POLICE OR MILITARY RANKS

6.	No driver shall intersect the ranks of military or police detachments or processions.

DRIVER NOT TO OBSTRUCT CIRCULATION OF TRAFFIC

7.	No driver shall leave his vehicle in such a way as to obstruct the circulation of traffic.

DRIVER TO TAKE PRECAUTIONS TO ENSURE SAFETY OF PUBLIC IN EVENT OF ACCIDENT

8.	Every driver whose vehicle breaks down on a public road by reason of an accident or other cause shall take such precautions as are necessary to ensure the safety of the public.

VEHICLE NOT TO CAUSE NUISANCE

9.	No vehicle using a public road shall emit obnoxious fumes or excessive noises.

OBSTRUCTING ROAD USERS PROHIBITED

10.	Pedestrians using a public road must not cause obstruction to traffic. It shall be an offence for every driver or passenger in a vehicle by rash or negligent conduct to obstruct other road users.

VEHICLE NOT TO CONSTITUTE OR CAUSE DANGER

11.	No person shall drive, or being the owner, shall permit another person to drive, a vehicle on a public road if the vehicle or any part thereof constitutes a danger or could cause a danger.

CAUSING DEATH BY RECKLESS DRIVING

12.	A person who causes the death of another person by driving a motor vehicle on the road recklessly shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT500,000 or to imprisonment for a term not exceeding 5 years or to both.

RECKLESS DRIVING

13.	A person who drives a motor vehicle on a road recklessly shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 1 year or to both.

CARELESS DRIVING

14.	A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and liable on conviction to a fine not exceeding VT50,000 or to imprisonment for a term not exceeding 6 months or to both.

SPEED LIMITS

15.	(1)	Notwithstanding any other provision of this Act, it shall be unlawful to drive any motor-vehicle exceeding 2 tons in weight at a speed exceeding 35 kilometres per hour on any road within the town limits of Port Vila and Luganville or at a speed exceeding 60 kilometres per hour on any other road.

(2)	For the purposes of subsection (1) -

"weight" includes the weight of any loads of any kind whatsoever, including persons, which are carried on a motor-vehicle;

"the town limits of Port Vila and Luganville" means the town limits of Port Vila and Luganville as from time to time defined by legislation;

"road" means any road normally used or able to be used as a road by members of the public, whether or not the same has been legally established as a public road.

(3)	Any person who shall contravene the provisions of subsection (1) 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 3 months or to both such fine and imprisonment.

DRIVING WHEN UNDER INFLUENCE OF DRINK OR DRUGS

16.	It is an offence for any person to drive on the public road when under the influence of alcoholic liquor or a drug to such an extent that the driver is incapable of properly controlling his vehicle. A police officer shall be empowered without warrant to arrest any person contravening this section.

B.	Traffic Accidents: Powers of Police

DRIVER TO STOP AND TO REPORT TO POLICE IN CASE OF ACCIDENT

17.	Every driver involved in an accident causing personal injury or damage to property must immediately stop his vehicle. If the accident involves personal injury, the driver must advise the police authorities within 24 hours. Damage to property must be re- ported to the police authorities within 5 days:

Provided that on islands other than Efate, Espiritu Santo, Malekula and Tanna, the periods allowed in the second and third sentences above shall be increased to 15 days in each instance.

INSPECTION OF VEHICLE SUSPECTED OF INVOLVEMENT IN ACCIDENT

18.	It shall be lawful for a police officer who has knowledge that, or a reasonable belief that a vehicle has been involved in an accident, to request permission of the owner or person in charge of such vehicle to inspect it at any time, and it shall be an offence for any such owner or person in charge of such vehicle to refuse to grant such permission or to refuse to make arrangements for such permission, or to obstruct in any way a police officer engaged in such inspection.

OBLIGATION TO STOP WHEN REQUESTED TO DO SO BY POLICE OFFICER

19.	Every driver or person in charge of a vehicle on a public road shall stop upon signal by, or request of, any police officer on duty.

MINISTER MAY RESTRICT, PROHIBIT OR CONTROL TRAFFIC ON PUBLIC ROADS

20.	(1)	If the Minister is satisfied that the passage of vehicle traffic on any public road
should, by reasons of -

(a)	the repair or reconstruction of the road;

(b)	the undue congestion of traffic;

(c)	danger to the public or any members thereof; or

(d)	any other reasons of a like nature;

be restricted or prohibited, or controlled by one-way movement, or that the speed of vehicles should be restricted or that the passage, stopping or parking of vehicles should be in any way regulated or controlled, he may by Order prohibit, restrict or regulate the use of any specified public road or part thereof accordingly and shall in such Order authorise and prescribe the erection where necessary on the public road affected of appropriate traffic signs in the form or forms set out in Schedule 7.

(2)	Where any Order has been made under subsection (1), the Director of Public Works shall forthwith erect or cause to be erected such traffic signs as are pre- scribed by such Orders wherever necessary on the public road affected at clearly visible sites selected by him in order to give effect to the object of the Order.

(3)	Any person who shall use or cause to permit to be used any vehicle on a public road in contravention of any restriction, prohibition or other form of control imposed by any Order made under this section shall be guilty of an offence punishable on conviction thereof by a fine not exceeding VT20,000 and on a second or subsequent offence under this section, to a fine not exceeding VT60,000 or to imprisonment for a term not exceeding 3 months or to both such fine and imprisonment.

(4)	It is an offence to be directly or indirectly responsible for the erection of a sign capable of being confused with one of the official traffic signs prescribed in Schedule 7.

PART III
GENERAL PROVISION FOR VEHICLES

DIMENSIONS OF VEHICLES

21.	The width and length of a vehicle including any projections shall not exceed 8 feet 2i inches (21 metres) and 371 feet (11 metres) respectively. The axle ends shall not project beyond the plane of the rest of the vehicle, provided that the foregoing measurements shall not apply to industrial, commercial, agricultural or animal drawn vehicles for which special approval has been given by the Director of Public Works. The total loading of all vehicles including any articulated vehicles shall not exceed 8 tons per axle, or 24 tons overall, in the absence of special approval from the Director of Public Works. Lumber or loose appendages carried on, or forming part of a vehicle other than tanker trucks, shall be secured so as not to project beyond the external planes of vehicle nor drag upon the ground while it is in motion or stationary upon a public road.

TYRES

22.	All vehicles shall be fitted with pneumatic tyres or other covering of a sufficient elasticity approved by the Minister.

RESTRICTION ON USE OF WHEEL CHAINS ON VEHICLES

23.	It shall be an offence for any person to drive a vehicle fitted with wheel chains on any tarred or metal public road, or any other public road, except where necessary.

DIMENSIONS OF PERMITTED LOADS

24.	The breadth and length of the load on any vehicle other than those specifically authonsed under section 21 shall not exceed 8 feet 2 ½ inches (2 ½ metres) and 37 ½ feet (11 metres) respectively. Fixed or moveable seats may not project beyond the planes of the vehicle.

LOADS NOT TO CAUSE DANGER TO PUBLIC

25.	It is an offence to drive on a public road any vehicle loaded in such a way as to cause danger to the public.

NUMBER PLATES

26.	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; provided that motor cycles shall require a plate at the rear only. The figures of this number must not be less than 3 inches high, must be painted white on a black background or, if in relief, to be of a design approved by the Commissioner of Police. The 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 must be visible at the same distance.

VEHICLE TO BE ILLUMINATED BETWEEN SUNSET AND SUNRISE

27.	Between sunset and sunrise every vehicle on a public road shall be illuminated by 2 white or yellow lights in front, visible from a distance of 164 yards (150 metres), and by a red light at the rear of the left hand side visible from a distance of 164 yards (150 metres). Motor cycles shall be illuminated by a white or yellow light in front and a red light at the rear visible from a distance of 164 yards (150 metres).

BICYCLE TO BE ILLUMINATED BETWEEN SUNSET AND SUNRISE

28.	Between sunset and sunrise every person riding a bicycle on a public road shall illuminate his vehicle by a white or yellow headlamp in front, visible for a distance of 150 metres, and by a red reflector at the rear.

STATIONARY MOTOR VEHICLES TO SHOW LIGHTS

29.	Between sunset and sunrise all motor vehicles, excluding motor cycles, stationary on a public road must show, on the offside a white or yellow light at the front and a red light at the rear.

VEHICLE TO BE FITTED WITH WARNING DEVICES

30.	Every vehicle using the public road must be fitted with an audible warning device, other than a siren or whistle, in working order. The use of a siren or whistle may be authorised by the Minister for certain types of public vehicles. Audible warning de- vices may only be used for giving necessary warning to other road users.

VEHICLE TO BE FITTED WITH 2 INDEPENDENT BRAKES

31.	Every vehicle using a public road must be equipped with 2 independent brakes in working order.

CERTIFICATE OF ROADWORTHINESS

32.	(1)	For the purposes of this section -

"licensed" means a person being a garage proprietor in possession of a valid licence issued under the provisions of the Business Licences Act, Cap. 173;

"public vehicle" means a vehicle being used for the purpose of carrying passengers for hire or reward;

"roadworthy condition" means a condition in which the vehicle or any part there- of does not constitute a danger or could not cause danger.

(2)	Every owner of a motor vehicle shall not less than once in every period of 12 months present the vehicle to a licensed garage proprietor for examination for the purpose of the said garage proprietor ascertaining that it is in a roadworthy condition and, if the said garage proprietor is satisfied that any motor vehicle presented to him for examination under the provisions of this subsection is in a roadworthy condition he shall give to the owner thereof a certificate to that effect in the form prescribed in Schedule 8:

Provided that in the case of a heavy vehicle or public vehicle the said examination shall be made by a person appointed by the Minister (hereinafter referred to as "an appointed person").

(3)	If it appears to any police officer, that any motor vehicle is being driven in an unroadworthy condition he may require the driver thereof to submit it for examination within such period as he may specify in the form prescribed in Schedule 9 by an appointed person and any person who on being so required fails so to submit his said motor vehicle shall be guilty of an offence under this Act.

(4)	Where any person is required under the provisions of subsection (3) to submit a motor vehicle for examination the appointed person may, notwithstanding that the person submitting the said vehicle is in possession of a valid certificate issued under the provisions of subsection (2) in respect of the said vehicle, if he is not satisfied that it is in a roadworthy condition cancel the said certificate.

(5)	No person shall drive any motor vehicle in respect of which there is no valid certificate issued under the provisions of subsection (2) and if he does so drive he shall be guilty of an offence.

PART IV
REGISTRATIONS AND LICENSING

REGISTRATION OF MOTOR VEHICLE

33.	(1)	Every motor vehicle shall be registered in accordance with the provisions of this Act.

(2)	Every owner of a motor vehicle newly imported into Vanuatu shall apply for registration of such vehicle to the licensing authority within 1 month of the date of importation in the form prescribed by Schedule 1.

(3)	The licensing authority shall, upon receipt of an application for registration of a motor vehicle, and on payment of the registration fee prescribed by the Minister by Order, cause such motor vehicle to be registered under serial number and shall is issue to the owner a registration book in the forms prescribed in Schedule 2.

ANNUAL TAX

34.	The owner of every motor vehicle using a public road shall pay the annual tax pre- scribed in Schedule 10 and no person shall drive, or, being the owner, shall permit any other person to drive such motor vehicle upon the public road unless the prescribed taxes have been paid.

PAYMENT OF ANNUAL TAX

35.	(1)	The tax prescribed in Schedule 10 shall become payable in full for 1 year on 1 January of each year, and shall be paid by 31 March of that year:

Provided that, if the said tax is not paid by 31 March aforesaid, but is paid in April, it shall be increased by 25 per cent and, if paid in May, by 50 per cent.

(2)	Any person who fails to pay the said tax and the amount by which it has been increased before 31 May of the year in which it becomes due shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding VT30,000.

REDUCED TAX

36.	Where the commencement of use of any vehicle on a public road occurs after I January in any year the tax payable shall be proportionate in complete months to the period from the date of the said commencement of use to 31 December of the same year:

Provided that in this section any part of a month shall be deemed to constitute a complete month for the purpose of calculating the amount of the said tax.

REFUND OF TAX

37.	(1)	Where any vehicle in respect of which tax has been paid -

(a)	becomes definitely unusable; or

(b)	is not in operation but is placed in storage;

the owner thereof may apply to the Collector of Rates and Taxes in writing for a refund of tax in respect of the period calculated in complete months -

(i)	in the case of the said vehicle becoming definitively unusable, from the date of commencement of such unusability to 31 December of the same year; or

(ii)	in the case of the vehicle not being in operation but placed in storage, of the said storage in excess of 5 months between the date of such placement and 31 December of the same year:

Provided that no part of a month shall be deemed to constitute a complete month for the purpose of calculating the amount of the said refund.

(2)	For the purposes of this section the word "storage" shall include the mounting of a vehicle on blocks.

DISPLAY OF STICKER

38.	Every owner of a vehicle being used on a public road shall display or cause to be displayed in a conspicuous position on the right hand side of the said vehicle, the sticker provided by the Collector of Rates and Taxes on the payment of the prescribed tax.

VEHICLE TEMPORARILY IMPORTED EXEMPT FROM REGISTRATION AND FROM TAX

39.	The provisions of sections 33, 34, 35 and 38 shall not apply to a vehicle temporarily introduced into Vanuatu for a period not exceeding 4 months, in respect of which, upon application by the owner to the licensing authority, exemption has been granted from registration and payment of tax.

NOTIFICATION OF CHANGE OF OWNERSHIP

40.	When the ownership of a motor vehicle changes the last owner and the new owner shall, within 7 days of such change of ownership, give notice thereof to the licensing authority stating the name and address of the new owner. The latter shall, within the same period, furnish the licensing authority with the registration book for registration of the change of ownership and shall pay the transfer fee prescribed by the Minister by Order.

PART V
THIRD PARTY INSURANCE

COMPULSORY THIRD PARTY INSURANCE

41.	(1)	No person shall use or cause or permit any other person to use any motor vehicle on a road unless there is in force in relation to that vehicle a policy of third party insurance covering liability arising from the use of such vehicle by any person on a road for the death or bodily injury of any person, other than a passenger in such motor vehicle issued by an insurance company.

(2)	The amount of liability insured shall be unlimited.

(3)	No such policy of third party insurance shall be avoided or vitiated by reason of any term or condition thereof whatsoever and any such term or condition of any policy of third party insurance shall be deemed to be null and void.

(4)	The provisions of this section shall not apply to motor vehicles owned by the Government of Vanuatu.

PART VI
DRIVING LICENCES

DRIVER OF MOTOR VEHICLE TO HAVE DRIVING LICENCE

42.	Every driver of a motor vehicle other than a learner driver must be in possession of a driving licence delivered according to the provision of section 44. All learner drivers must be accompanied by a holder of a valid driving licence:

Provided that a person passing through or residing in Vanuatu for a period not exceeding 3 months shall be deemed to comply with the provisions of this section if he is in possession of a current international driving licence, or a current driving licence issued by the licensing authority of a country other than Vanuatu.

DRIVER TO PRESENT DRIVING LICENCE AND VEHICLE DOCUMENTS AT REQUEST OF POLICE OFFICER

43.	Every person driving a vehicle on a public road must, upon request by a police officer, present within 5 days (i) his driving licence, (ii) the vehicle registration book, (iii) the certificate of insurance and the certificate granted under section 32(2).

DRIVING LICENCES

44.	Driving licences in the form prescribed in Schedule 3 shall be granted by the licensing authority upon payment of the fee prescribed by the Minister by Order to any applicant for such in the form prescribed in Schedule 4, provided that - 

(a)	in the case of applications for a licence to drive a common vehicle, the applicant has attained the age of 21 years and produces a certificate of medical fitness issued not more than 6 months previously;

(b)	in the case of applications for licences to drive cars or motor cycles exceeding 125 cubic centimetres capacity, the applicant has attained the age of 18 years; 

(c)	in the case of applications for licences to drive motor cycles between 50 cubic centimetres and 125 cubic centimetres the applicant has reached the age of 16 years;

(d)	in the case of applications to drive motor bicycles of less than 50 cubic centimetres capacity, the applicant has reached the age of 14 years; 

(e)	in all cases applicants do not suffer from any disease or physical disability of such a nature to render their driving of a vehicle a source of danger to the public. 

Dispensations of age not exceeding 1 year may be granted by the Minister.

MINIMUM AGE FOR DRIVING MOTOR VEHICLE OR MOTOR CYCLE

45.	No person shall drive a motor vehicle or motor cycle exceeding 125 cubic centimetres capacity until he has attained the age of 18 years.

DURATION OF DRIVING LICENCES

46.	Driving licences are of unlimited duration subject however, to the requirement that the driver of a common vehicle shall produce on the demand of a police officer at any time a medical certificate issued within the previous 12 months. In the case of loss or destruction, a duplicate may be delivered by the licensing authority upon payment of the fees prescribed by the Minister by Order.

LEARNER DRIVER'S LICENCE 

47.	(1)	No person shall drive a car as a learner driver unless he is in possession of a learner driver's licence issued in accordance with the provisions of this section.

(2)	A learner driver's licence shall be -

(a)	issued on the payment of such fee as may be prescribed under this section;

(b)	in such form as may be prescribed under this section;

(c)	of 1 year's duration;

(d)	issued subject to a suitable medical certificate and evidence of the age of the applicant being produced;

(e)	limited to the types of vehicle the holder may drive.

(3)	A holder of a learner driver's licence shall not carry any passengers other than the person instructing him.

(4)	All persons holding a learner driver's licence shall display at front and rear of the vehicle a plate containing the letter "L" in red on a white background which letter shall be not less than 12 centimetres high.

DRIVING INSTRUCTIONS

48.	Driving instructions shall not be conducted within the town limits of Port Vila and Luganville between the hours of 0700 and 0800, 1100 and 1200, 1300 and 1400, 1600 and 1700 on days other than holidays.

CERTIFICATE OF ABILITY TO DRIVE

49.	A certificate of ability to drive a vehicle in the form prescribed in Schedule 5 shall be produced to the licensing authority by all applicants for a driving licence who are not holders of a current driving licence issued outside Vanuatu.

ENTITLEMENT TO CERTIFICATE OF ABILITY TO DRIVE

50.	A certificate of ability to drive a vehicle may be delivered on demand by every examiner authorised for this purpose by the Minister to any person who -

(a)	passes a driving test in the presence of such examiner; and

(b)	has paid to the licensing authority the fees prescribed by the Minister by Order; and

(c)	has not failed a driving test by another examiner within the previous 3 months.

Such application shall be made to any examiner.

PART VII
OFFENCES AND PENALTIES

FALSE DECLARATIONS

51.	It shall be an offence knowingly to make a false declaration in any application for a certificate, licence, permit or registration of a vehicle under the provisions of this Act.

TAKING AND DRIVING AWAY VEHICLE WITHOUT CONSENT

52.	It is an offence to take and drive away any vehicle without the consent of the owner or of an authorised person.

OFFENCES AND PENALTIES

53.	(1)	Except as provided in sections 12, 13, 14, 15, 20(3), 35, 55 and subsections (2) and
(3) of this section, any person who contravenes a provision of this Act shall be guilty of an offence and shall be liable to a fine not exceeding VT10,000 or to imprisonment not exceeding 1 month, or to both such fine and imprisonment:

Provided that a police officer of the rank of inspector or above, upon consideration of the report sent to him or if he himself establishes the contravention, may issue an offender with a compounding notice giving such offender the option of paying a fine on the scale prescribed by the Chief Justice or appearing before the court for trial.

(2)	Any person convicted by a competent court of offences against the provisions of section 11, 18, 20(4), 23, 25, 32(3), 32(5), 42 or 45 shall be liable to pay a fine not exceeding VT30,000 or to imprisonment not exceeding 3 months or to both such fine and imprisonment.

(3)	Any person convicted by a competent court of offences against section 16, 41(1), 51 or 52 shall be liable to a fine not exceeding VT100,000 or imprisonment not exceeding I year, or to both such fine and imprisonment.

POWER OF POLICE OFFICER TO STOP OFFENDERS

54.	(1)	Any police officer may challenge and summon to stop any driver of a vehicle who has committed an offence against the provisions of this Act in order to appraise him of the offence committed and to record particulars of identity.

(2)	Any police officer may detain any vehicle concerned in an offence which seriously jeopardizes the safety of road users, the state of preservation of the public roads or their normal use.

DISQUALIFICATION

55.	(1)	Where any person is convicted of an offence against section 12, 13, 14, 16, 41, 52 or this section, the court may, in addition to any punishment it may impose, disqualify that person from driving a motor vehicle for a period not exceeding 5 years.

(2)	Where a person is disqualified from driving under this section, the court shall endorse his driving licence accordingly.

(3)	Any person who drives his motor vehicle whilst disqualified from so doing under this section shall be guilty of an offence, and shall be liable to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 1 year or to both.

PART VIII
MISCELLANEOUS

REFUND OF FEES

56.	Upon application, refund of any fees prescribed in Orders made under this Act may be authorised by the Minister. A copy of such application shall be sent to the licensing authority of the area in which the applicant resides.

RADAR SPEED METERS

57.	(1)	In any proceedings under this Act against any person for driving a motor vehicle at a speed in excess of the maximum lawful speed prescribed thereby, a certificate purporting to be signed by the Director of Public Works certifying that on any date not more than 4 months prior to the date of the commission of the alleged offence an approved radar speed meter operated by the Vanuatu Police Force has been tested and stating the degree of accuracy with which such radar speed meter recorded the speed of an approaching motor vehicle, shall be without proof of the signature of the said Director of Public Works admissible in evidence in such proceedings and in the absence of proof to the contrary shall be sufficient proof of the accuracy of such radar speed meter on the date of the commission of the alleged offence.

(2)	For the purposes of subsection (1), the expression "an approved radar speed meter" means a radar speed meter of a type approved by the Minister.

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SCHEDULE 1
(Section 33)

REGISTRATION OF A MOTOR VEHICLE

1.	Name of Owner ...................................................…........................…………

2.	Address of Owner .....................................................................................…

3.	Make and Date of Make of Vehicle ...................................................................

4.	Type of Vehicle ...........................................................................................

5.	Method of Propulsion ...................................................................................

6.	Colour.......................................................................................................

7.	Number of Chassis..............................................................................……….

8.	Number of Motor ........................................................................................

9.	Horse Power .............................................................................................

10.	Number of Cylinders ....................................................................................

11.	Weight (a) Laden ........................................................................................
(b) Unladen ..........................................................................................

12.	Maximum Authorised Number of Passengers (excluding the driver) ...................

13.	Date of Importation .....................................................................................

Signature of Applicant: .................................. Date: ....................................

___________

SCHEDULE 2
(section 33(3))

REGISTRATION BOOK FOR MOTOR VEHICLE

1.	Number of Vehicle ................…...................................................................

2.	Name of Owner ..........................................................................................

3.	Address of Owner ........................................................................................

4.	Type of Vehicle ...........................................................................................

5.	Method of Propulsion ...................................................................................

6.	Colour.......................................................................................................

7.	Number of Chassis ......................................................................................

8.	Number of Motor ............................................................…………...………

9.	Horse Power ............................................................................………………..

10.	Number of Cylinders ....................................................................................

11.	Weight (a) Unladen .....................................................................................
(b) Laden ..........................................................................................

12.	Maximum Number of Passengers Authorised (including Driver) ................................

13.	Date of Importation ......................................................................................

14.	Registered .................................................................................................

15.	Changes of Ownership (as follows) ...................................................................

16.	Dates of Examinations of the Vehicle ................................................................

______________

SCHEDULE 3
(section 44)

LICENCE TO DRIVE

Licence Number ........................
Delivered ...................
Day of ....................................... 19 ..........
to drive ................................... vehicles in the following categories -

Common Vehicle:
Heavy Vehicle: Motor Vehicle:
Motor Cycles of more than 125 c.c. capacity:
Motor Cycles of less than 125 c.c. capacity: but more than 50 c.c. capacity:
Motor Cycles of less than 50 c.c. capacity:

Photograph:

Personal Particulars -

(i)	Date of Birth ..............................................................................................

(ii)	Height ...................................................................................................…

(iii)	Colour of Eyes ............................................................................................

(iv)	Colour of Hair ........................................................................................….

Endorsements:

_________________

SCHEDULE 4
(section 44)

APPLICATION FOR DRIVING LICENCE

1.	Name of Applicant .......................................................................................

2.	Address of Applicant ....................................................................................

3.	Date of Birth ..............................................................................................

4.	Height ........................................................................................I.............

5.	Colour of Eyes .....................................................…....................................

6.	Colour of Hair ..................................................................................………. 

7.	Category of Permit required -

Motor Cycle of less than 50 c.c. capacity;
Motor Cycle of less than 125 c.c. capacity but more than 50 c.c.;
Motor Cycle of more than 125 c.c. capacity; Motor Vehicle;
Heavy Motor Vehicle;
Common Vehicle;

8.	Particulars of other Driving Licences held by the Applicant .....................................

7.	Has the Applicant already been refused a Driving Licence .......................................

MEDICAL CERTIFICATE

I, the undersigned declare to the best of my knowledge that the applicant does not suffer from any illness or physical handicap which would be likely to cause public danger were he in charge of a motor vehicle.

Luganville:						Port Vila:

____________________

SCHEDULE 5

CERTIFICATE OF ABILITY TO DRIVE

I, the undersigned, certify that M ………………………………………………. living at ………………………………………… has passed a driving test for the categories -

(a)	Common Transport
(b)	Heavy Motor Vehicle
(c)	Motor Vehicle
(d)	Motor Cycles of more than 125 c.c. capacity
(e)	Motor Cycles of less than 125 c.c but more than 50 c.c. capacity
(f)	Motor Cycles of less than 50 c.c. capacity

Followed by Schedules 6 and 7.

__________________

SCHEDULE 8
(section 32(2))

CERTIFICATE OF ROADWORTHINESS

I, ……………………………………………………………………… having examined motor vehicle/heavy vehicle/public vehicle Regd. No. ………………………… hereby certify that it is apparently in a roadworthy condition.

Signed:	………………………………………………………

___________________

SCHEDULE 9
(section 32(3))

NOTICE TO SUBMIT VEHICLE FOR EXAMINATION

You ………………………………………………………………………………. are hereby required to submit motor vehicle Reg. No. ………………………………………………….. for an examination by a person appointed for the purpose at ………………………………………………………………. on ……………………………………………………………………………………………………………………………………………………………………………………………………………………

Signed:	………………………………………………….

________________________

SCHEDULE 10
(section 34)

NOTICE TO SUBMIT VEHICLE FOR EXAMINATION

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 …………………. VT3,800
(ii)	with an engine capacity exceeding 100 c.c. ………...………. VT5,500

(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 …………………. VT6,000
(ii)	with an engine capacity exceeding 1,100 c.c. but not exceeding 1,500 c.c VT8,500
(iii)	with an engine capacity exceeding 1,500 c.c. but not exceeding 2,000 c.c. VT11,000
(iv)	with an engine capacity exceeding 2,000 c.c. but not exceeding 2,500 c.c VT14,000
(v)	with an engine capacity exceeding 2,500 c.c. ………………….. 16,500

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

(i)	designed to carry a payload of up to 1 ton ………………………. VT6,500
(ii)	designed to carry a payload exceeding 1 ton but not exceeding 3 tons VT10,000
(iii)	designed to carry a payload exceeding 3 ton …………………….. VT22,000

Provided that the above rates of tax shall be reduced by 50 per cent -

(a)	where the vehicle is normally used on an island other than Efate or Espiritu Santo; or
(b)	where a taxi licence has been issued in respect of the vehicle;

and the reduction hereby provided is allowed under one only of the above paragraphs.

______________________________________________
[Subsidiary]

SUBSIDIARY LEGISLATION

ROAD TRAFFIC (LICENCE FEES) REGULATIONS

Order 6 of 1980

ARRANGEMENT OF REGULATIONS

REGULATION
1.	Roadworthiness certificate fee
2.	Registration fees
3.	Transfer fee
4.	Driving licence fees
5.	Driving test fee

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

SUBSIDIARY LEGISLATION

ROAD TRAFFIC (LICENCE FEES) REGULATIONS

Order 6 of 1980

To provide fees payable under the Road Traffic (Control) Act, [Cap. 29].

ROADWORTHINESS CERTIFICATE FEE

1.	The fee payable for a certificate of roadworthiness given under section 32 shall be -
VT1,000

REGISTRATION FEES

2.	The registration fees payable under section 33(3) shall be -

(a)	all motor vehicles including motor bicycles					VT1,500
(b)	issue of duplicate registration book						VT 750

TRANSFER FEE

3.	The transfer fee, payable under section 40 for all motor vehicles including motor bicycles
shall be -										VT1,500

DRIVING LICENCE FEES

4.	The fee payable on the issue of a driving licence under section 44 shall be -

(a)	driving licence								VT2,000
(b)	replacement licence								VT2,500
(c)	replacement licence on surrender of Condominium licence			VT 750

DRIVING TEST FEE

5.	The fee payable for a driving test under section 50 shall be VT1,000.

_____________________

SUBSIDIARY LEGISLATION

ROAD TRAFFIC (COMPOUNDING OF OFFENCES) SCALE OF FINES SCHEDULE

Order 2 of 1986
Order 18 of 1988

To provide for a scale of fines for which certain traffic offences may be compounded.

Any offence under the Act other than those provided for in section 12, 13, 14, 15, 20, 35, 53(2), 53(3), or 55 may be compounded in accordance with the scale of fines set out in the Schedule hereto.

__________________________

SCHEDULE

Offence	Nature of Contraventions				Penalty	Compounding
Section									Section		Fine VT

4(1)		Driver failing to keep his vehicle to the right
hand side of the road in normal movement.		53		2,000

4(1)		Driver failing to keep to the right when road
user is coming in the opposite direction or is
getting ready to overtake him.			53		2,000

4(1)		Overtaking on the right.				53		2,000

4(1)		Failing to yield priority.				53		2,000

4(2)		Crossing a continuous white line.			53		1,000

5	Failing to give a hand or light signal when
required.						53		1,000

6	Driver intersecting the ranks of a Police
detachment or procession.				53		5,000

7		Leaving a vehicle in such a manner as to obstruct
		the movement of traffic or access to buildings.	53		2,000

8		Failing to take precautions to call attention to a
		vehicle which has broken down on a public road.	53		2,000

9		Permit a vehicle to emit obnoxious fumes or
		excessive noise.					53		5,000

10		Pedestrian cause obstruction to traffic on public
road.							53		1,000

10		Driver or passenger by rash or negligent conduct
		obstructing other road users.				53		1,000

11		Driving a vehicle on a public road which
		constitutes danger or could cause danger.		53		5,000

17		Failing to stop after an accident involving
personal injury or damage to property.		53		5,000

17		Failing to report accident involving injury, to
		Police within 24 hours.				53		5,000

17		Failing to report accident involving damage to
		the Police within 5 days.				53		5,000

18		Failing to report accident involving injury and/or
		damage to Police within 15 days. (All islands
except Efate, Espiritu Santo, Malekula and
Tanna).						53		1,000

19		Failing to comply with an order of a Police Office.	53		2,000

21		Failing to comply with limits as to dimensions
		and weights.						53		2,000

22		Driving a vehicle whose wheels are not fitted
		with elastic tyres.					53		2,000

23		Driving a vehicle fitted with wheel chains on a
		public road except when necessary.			53		2,000

24		Carrying loads whose dimensions exceed
authorised limits.					53		5,000

24		Vehicles with seats which project beyond the
		plane of the vehicle.					53		5,000

25		Driving a vehicle loaded to the danger of the
public.							53		6,000

26		Absence of number plates on a vehicle driven
on a public road.					53		1,000

26		Driving a vehicle carrying unauthorised number
plates.							53		1,000

26		Number plate not clearly visible.			53		500

26		Number plate (rear) not illuminated.			53		1,000

27		Total absence of front lighting on vehicle used
at night.						53		6,000

27		Partial absence of front lighting on vehicle in
use at night.						53		2,000

27		Absence of rear off-side red light on vehicle in
use at night.						53		5,000

27.		Absence of front light on motor cycle in use at
night.							53		5,000

27		Absence of rear red light on motor cycle in use
at night.						53		5,000

28		Absence of front light on cycle in use at night.	53		2,000

28		Absence of rear red reflector on cycle in use
at night.						53		2,000

29		Absence of parking lights on a motor vehicle,
stationary on a public road at night.			53		2,000

30		Absence of audible warning device in working
order on a vehicle.					53		1,000

30		Use of unauthorised audible warning device on
a vehicle.						53		1,000

30		Abuse of audible warning device on vehicle.		53		1,000

31		Ineffective brakes on a vehicle using public road.	53		5,000

33		Failing to apply for registration of vehicle within
the time limit.						53		1,000

38.		Failing to display the road tax sticker on a
Vehicle.						53		1,000

40		Failing to notify change of ownership of vehicle.	53		2,000

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