Road Traffic and Transport Act, 1999
Act 22 of 1999
- Published in Government Gazette no. 2251 on 24 December 1999
- Assented to on 8 December 1999
- Commenced on 6 April 2001 by Government Notice 52 of 2001
- [Up to date as at 9 April 2021]
- [Amended by Road Traffic and Transport Amendment Act, 2008 (Act 6 of 2008) on 9 December 2008]
1. DefinitionsIn this Act, unless the context otherwise indicates -“authorised officer” means a person appointed by virtue of the provisions of section 11 in any of the categories of appointment contemplated in that section;“builder” means any person who manufactures or assembles motor vehicles in whole or in part from used components for the purpose of sale or disposal otherwise commercially;“Commission” means the Transportation Commission of Namibia established by section 2;“dangerous goods” means any article or substance defined or described as such in the regulations;“driver”, in relation to a vehicle, means any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle, and in relation to an animal-drawn vehicle means the person or persons driving or guiding the animals, and “drive” or “driving” shall have a corresponding meaning;“driving examiner” means a person charged with the function of testing applicants for a learner’s licence or a driving licence and who is appointed as such under section 11;“driving instructor” means any person registered as such under section 48;“driving licence” means a driving licence referred to in Chapter 4;“driving testing centre” means an establishment at which persons are examined and tested for the purpose of the issue of a driving licence or learner’s licence and which is registered in terms of section 27;“edge of the roadway” means the boundary between the roadway and the shoulder, which is indicated by an appropriate road traffic sign, or in the absence of such sign -(a)in the case of a road with a bituminous or concrete surface, the edge of such surface; or(b)in the case of any other road, the edge of the improved part of the road intended for vehicular use;“emergency service vehicle”, means -(a)an ambulance, being a motor vehicle constructed or adapted for use primarily for conveying sick or injured persons to a place for medical treatment and which is registered as an ambulance;(b)a fire-fighting vehicle, being a motor vehicle constructed or adapted for use primarily for fighting fires and which is registered as a fire-fighting vehicle;(c)a rescue vehicle, being a motor vehicle constructed or adapted for use primarily for rescue work owned or controlled by the State, a local authority council, a regional council or any organization approved by the Minister and which is registered as a rescue vehicle;(d)a civil defence vehicle, being a motor vehicle used by a person while engaged in civil defence as contemplated in the Civil Defence Ordinance, 1979 (Ordinance No. 3 of 1979);(e)a security service vehicle, being a motor vehicle used in the course of the business of a security enterprise as defined in section (1) of the Security Enterprises and Security Officers Act, 1998 (Act No. 19 of 1998); or(f)any other vehicle determined by the Minister by notice in the Gazette,and bearing such marks and fitted with such sounding devices and identification lamps as are prescribed;“freeway” means a public road or a section of a public road which is designated as a freeway by an appropriate road traffic sign;“gross vehicle mass”, in relation to a motor vehicle, means the mass of the vehicle together with the maximum mass of the load that the manufacturer of such vehicle has specified that such vehicle is built to carry or, in the absence of such specification, the mass as determined by a vehicle testing station;“importer” means any person who imports new or used motor vehicles into Namibia for the purpose of sale or disposal otherwise commercially;“international driving permit” means an international driving permit issued in terms of or recognised under -(a)the International Convention relative to Motor Traffic (Paris, 1926);(b)the United Nations Convention on Road Traffic (Geneva, 1949);(c)the United Nations Convention on Road Traffic (Vienna, 1968); or(d)any subsequent related convention ratified by the Government of Namibia;“kerb line” means the boundary between the shoulder and the verge or, in the absence of a shoulder, the part between the edge of the roadway and the verge;“learner’s licence” means a learner’s licence referred to in Chapter 4;“licence inspector” means a licence inspector appointed under section 11;“local authority area” means a local authority area as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“local authority council” means a local authority council as defined in section 1 of the Local Authorities Act, 1992;“manufacturer” means a person who manufactures or assembles new motor vehicles for the purpose of sale or disposal otherwise commercially;“medical practitioner” means a person registered as a medical practitioner under the Medical and Dental Professions Act, 1993 (Act No. 21 of 1993);[The Medical and Dental Professions Act 21 of 1993 has been replaced by the Medical and Dental Act 10 of 2004.]“Minister” means the Minister of Works, Transport and Communication;“Ministry” means the Ministry of Works, Transport and Communication;“motor vehicle” means any self-propelled vehicle and includes -(a)a trailer;(b)a vehicle the tare of which exceeds 30 kilograms and having pedals and an engine or an electric motor as an integral part thereof or attached thereto and that can be propelled by means of such pedals, engine or motor or both such pedals and engine or motor, but does not include -(i)a pedestrian controlled vehicle propelled by electrical power derived from storage batteries;(ii)a vehicle the tare of which is less than 230 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from a physical defect or disability and is used solely by such person;“number plate manufacturer” means a person who manufactures number plates for display on motor vehicles in accordance with the requirements of this Act;“operate on a public road”, in relation to a vehicle, means to use or drive a vehicle or to permit a vehicle to be used or driven on a public road, or to have or to permit a vehicle to be on a public road;“operator” means the person responsible for the use of a motor vehicle of any class contemplated in Chapter 6, and who is registered as the operator of such vehicle;“owner”, in relation to a vehicle, means -(a)the person having the right to the use and enjoyment of the vehicle in terms of the common law;(b)the person having the right to the use and enjoyment of the vehicle under a contract with the title holder thereof, including for any period during which such person fails to return the vehicle to the title holder when required to do so in terms of any condition of such contract; or(c)a motor vehicle dealer who is in possession of a vehicle for the purpose of sale,and who is indicated as the owner of the vehicle in any document of registration issued in accordance with the regulations under section 20;“park”, in relation to a vehicle, 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;“peace officer” means a peace officer contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);“Permanent Secretary” means the Permanent Secretary: Works, Transport and Communication;“prescribe” means prescribe by regulation;“public road” means any road, street or thoroughfare or any other place which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access and includes -(a)the verge of any such road, street or thoroughfare;(b)any bridge, culvert, causeway, ferry, ford or drift traversed by any such road, street or thoroughfare;(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;“region” means a region as defined in section 1 of the Regional Councils Act, 1992 (Act No. 22 of 1992);“regional council” means a regional council as defined in section 1 of the Regional Councils Act, 1992;“registered”, in relation to a motor vehicle, means registered in accordance with the regulations under section 20;“registered nurse” means a person registered as a nurse under the Nursing Professions Act, 1993 (Act No. 30 of 1993);[The Nursing Professions Act 30 of 1993 has been replaced by the Nursing Act 8 of 2004.]“registering authority” means a registering authority appointed in terms of section 10;“regulation” means a regulation made by the Minister under section 91;“repealed Ordinance” means the Road Traffic Ordinance, 1967 (Ordinance No. 30 of 1967) repealed by section 112 of this Act;“road traffic sign” means a road traffic sign referred to in section 73;“road transport inspector” means a road transport inspector appointed under section 11;“roadway” means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic which is between the edges of the roadway;“roadworthy”, in relation to a vehicle, means a vehicle which complies with the relevant provisions of this Act and is otherwise in a fit condition to be operated on a public road;“roadworthy certificate” in relation to a motor vehicle, means a certificate issued in terms of section 59;“settlement area” means an area declared to be a settlement area under section 31 of the Regional Councils Act, 1992 (Act No. 22 of 1992);“shoulder” means that portion of a road, street or thoroughfare, between the edge of the roadway and the kerb line;“sidewalk” means that portion of a verge intended for the exclusive use of pedestrians;“staff member” means a person in the employment of the Public Service;“tare”, in relation to a motor vehicle, means the mass of the vehicle, including the mass of -(a)any spare wheel and all other accessories and equipment supplied by the manufacturer as standard for the particular model of motor vehicle;(b)anything which is a permanent part of the structure of the vehicle;(c)anything affixed to the vehicle so as to form a structural alteration of a permanent nature; and(d)the accumulators of a vehicle propelled by electrical power,but does not include the mass of fuel or anything affixed to the vehicle not being of a nature contemplated in paragraphs (b) and (c);“this Act” includes any regulation made by the Minister under section 72 or 91 or in force under this Act by virtue of the provisions of section 113(2);“title holder”, in relation to a vehicle, means the person who -(a)is vested with the right to alienate such vehicle in terms of the common law; or(b)is required to give permission for its alienation in terms of any contract with a person who is the owner of the vehicle as contemplated in paragraph (b) of the definition of “owner”;“traffic officer” means a traffic officer appointed under section 11, and includes a member of the Namibian Police Force as defined in section 1 of the Police Act, 1990 (Act No. 19 of 1990);“traffic warden” means a traffic warden appointed under section 11;“trailer” means a vehicle which is not self-propelled and which is designed or adapted to be drawn by a motor vehicle, but does not include a side-car attached to a motor cycle;“urban area” means that portion of a local authority area or a settlement area comprising or surrounded by surveyed erven, and includes the public roads abutting thereon;“vehicle”, except in the provisions of Part II of Chapter 6, means a device designed or adapted principally to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a motor vehicle which is being salvaged, but does not include a device designed to move exclusively on rails;“vehicle examiner” means a person charged with the function of examining vehicles for roadworthiness and who is appointed as such under section 11;“vehicle testing station” means an establishment at which vehicles are examined and tested for roadworthiness and which is registered in terms of section 54;“verge” means that portion of a road, street or thoroughfare, including the sidewalk, which is not the roadway or the shoulder.“weighing device” means a weighbridge or any other apparatus, whether installed in a fixed position or mobile, which is intended for use for determining the mass of vehicles, laden or unladen.
TRANSPORTATION COMMISSION OF NAMIBIA
2. Establishment of Transportation Commission of Namibia
3. Constitution of Commission
4. Term of office and remuneration
5. Vacation of office
6. Meetings of Commission
7. Functions of Commission
8. Committees of Commission
9. Administrative functions
REGISTERING AUTHORITIES AND OFFICERS
10. Appointment of registering authorities
11. Appointment of officers
12. Registration and grading of authorised officers
13. Powers, duties and functions of licence inspectors
14. Powers, duties and functions of traffic officers
15. Powers, duties and functions of road transport inspectors
16. Powers, duties and functions of vehicle examiners
17. Powers, duties and functions of driving examiners
18. Failure to comply with instruction or direction of authorised officer or peace officer
19. Impersonating an authorised officer or peace officer or inducing such officer to neglect performing any duty
REGISTRATION AND LICENSING OF MOTOR VEHICLES, REGISTRATION OF MANUFACTURERS, BUILDERS AND IMPORTERS OF MOTOR VEHICLES AND NUMBER PLATE MANUFACTURERS
20. Registration and licensing of motor vehicles
21. Registration as manufacturer, builder, or importer or number plate manufacturer
22. Suspension or cancellation of registration of manufacturer, builder or importer or number plate manufacturerThe Minister may, in accordance with such procedure and on such grounds as may be prescribed, cancel the registration of any person as a manufacturer, builder or importer or number plate manufacturer, or suspend his or her registration for such period and on such conditions as the Minister may determine.
23. Registration of motor vehicle by manufacturer, builder or importerEvery manufacturer, builder or importer shall register in the prescribed manner every motor vehicle manufactured, built or imported by him or her before he or she distributes or sells such motor vehicle.[Section 23 has not been brought into force. See Government Notice 52/2001 (GG 2503).]
24. Right of appeal to Commission
25. Inspectorate of manufacturers, builders, importers and number plate manufacturers
FITNESS OF DRIVERS
Part I – AUTHORITY RESPONSIBLE FOR TESTING FOR DRIVING LICENCES
26. Testing for driving licences by Namibian Police
27. Registration and grading of driving testing centres
28. Suspension or cancellation of registration of driving testing centre
29. Right of appeal to Commission
30. Inspectorate of driving testing centres
Part II – FITNESS OF DRIVERS AND REGISTRATION OF DRIVING INSTRUCTORS
31. Driver of motor vehicle to be licensed
32. Issue of licence authorising driving of motor vehicleA licence authorising the driving of a motor vehicle shall be issued by a driving testing centre in accordance with the provisions of this Chapter and shall be either -(a)a provisional licence, to be known as a learner’s licence; or(b)a licence, to be known as a driving licence,and, except as otherwise provided in this Chapter, no person shall be examined or tested for a driving licence unless he or she is the holder of a learner’s licence in respect of the class of motor vehicle for which the driving licence is applied for.
33. Classification of learners’ licences and driving licencesSubject to the provisions of this Chapter -(a)the category of a learner’s licence or driving licence;(b)the class of motor vehicle to which each category of such licence relates;(c)the authority granted by such licence and the endorsements which particular categories of licences shall bear to indicate any special authority granted by such licences;(d)the period of validity of such licence;(e)the limitations to which the authority conveyed by such licence shall be subject;(f)the form and content of such licence,shall be as prescribed.
34. Disqualification from obtaining or holding learner’s or driving licence
35. Duty to disclose disqualification
36. Application for and issue of learner’s licence
37. Application for and issue of driving licence
38. Minister may designate driving testing centre or driving examinerNotwithstanding anything to the contrary contained in this Act, the Minister, whenever he or she deems it expedient, may designate -(a)the driving examiner by whom an applicant for a learner’s licence or driving licence is to be examined and tested;(b)the driving testing centre at which an application for a driving licence or renewal of such a licence is to be made by any person.
39. Right of appeal to Minister
40. Validity and replacement of driving licences issued under repealed laws
41. Foreign driving licences and international driving permits
42. Power of Minister to suspend or cancel licence
43. Lapsing of endorsement on licence
44. Cancellation or amendment of endorsement on licence
45. Voidness of licence unlawfully issued
46. Unlawful use of licenceThe holder of a learner’s licence or driving licence shall not allow such licence to be used by any other person.
47. Permitting unlicensed person to drive motor vehicleThe owner or operator of a motor vehicle or a person in charge or control thereof shall not employ or permit any person to drive such vehicle on a public road unless that person is licensed under this Chapter to drive such vehicle.
48. Driving instructor to be registered
Part III – SUSPENSION, CANCELLATION AND ENDORSEMENT OF LICENCES
49. Production of licence to court
50. Court may issue order for endorsement, suspension or cancellation of licence or disqualify person from obtaining licence
51. Suspension of licence upon conviction of certain offences
52. Procedure subsequent to endorsement, suspension or cancellation of licence
FITNESS OF VEHICLES
53. Examination of roadworthiness of vehicles by Namibian Police
54. Registration and grading of vehicle testing stations
55. Suspension or cancellation of registration of vehicle testing station
56. Right of appeal to Commission
57. Inspectorate of vehicle testing stations
58. Roadworthy certificate required in respect of motor vehicle
59. Application for roadworthy certificateAn application for a roadworthy certificate in respect of a motor vehicle shall be made to a vehicle testing station in the prescribed manner and be accompanied by the prescribed fee.
OPERATOR FITNESS AND CROSS-BORDER ROAD TRANSPORT
Part I – OPERATOR
60. Registration of operator
“(b) within 21 days after -
(i) the conclusion or amendment of an agreement referred to in subsection (3); or
(ii) such motor vehicle became a vehicle of a class so prescribed,
notify the registering authority in the prescribed manner of the person who is to be registered as the operator of such motor vehicle.”]
61. Issue of an operator cardUpon the registration of a person as operator in terms of section 60(6), and on payment of the prescribed fee, the registering authority shall issue an operator card to such person in the prescribed manner for each motor vehicle in respect of which he or she is registered as operator.
62. Operator card to be displayed on motor vehicleNo person shall operate on a public road any motor vehicle of a class prescribed under section 60(1) unless a valid operator card issued in relation to the motor vehicle is displayed on the motor vehicle in the prescribed manner.
63. Proof of certain facts
64. Duties of an operatorThe operator of a motor vehicle shall -(a)exercise proper control over the driver of such motor vehicle to ensure the compliance by such driver with the relevant provisions of this Act, in particular the provisions relating to the loading of vehicles;(b)ensure that such motor vehicle complies with such requirements regarding equipment as may be prescribed and with the fitness requirements contemplated in Chapter 5;(c)conduct his or her operations with due care to the safety of the public;(d)cause to be maintained in respect of such motor vehicle a logbook in the manner determined by the Minister;(e)take all reasonable measures to ensure that such motor vehicle is used on a public road in compliance with the requirements relating to the loading and transportation of goods as prescribed;(f)ensure that the conveyance of dangerous goods is undertaken in accordance with such requirements as are prescribed by or under this Act or any other law pertaining to such goods;(g)within seven days after the occurrence of any change in the circumstances pertaining to his or her registration as operator in respect of such motor vehicle, give notice thereof -(i)to the owner of such motor vehicle, if applicable; and(ii)to the registering authority concerned,and return the operator card in respect of the vehicle to the registering authority;(h)keep safe and protect from theft an operator card issued to him or her, and if such card is lost, stolen, defaced or destroyed he or she shall notify the nearest police station within 24 hours and the registering authority within seven days after having become aware of such loss, theft, defacement or destruction or after it could reasonably be expected that he or she should have been aware of such loss, theft, defacement or destruction.
65. Power of Minister in respect of motor vehicles, drivers and activities of operators
66. Right of appeal to Commission
67. Act or omission of a manager, agent or employee of the operator
Part II – CROSS-BORDER ROAD TRANSPORT
68. Definitions for this PartIn this Part -“cabotage” means transport undertaken on a public road by a foreign carrier with a vehicle which involves -(a)the loading of freight or passengers at a point in Namibia for offloading at any other point in Namibia; or(b)the loading of freight or passengers at a point in Namibia for conveyance to a third state which is not the state of registration of the vehicle used for such transport and where such state is not traversed.“contracting country” means a country other than Namibia which is a party to a cross-border road transport agreement;“cross-border permit” means a permit authorising any of the following categories of road transport, namely -(a)road transport contemplated in section 70(1);(b)being cabotage contemplated in section 70(3); or(c)road transport contemplated in section 71;“cross-border road transport agreement” means an agreement entered into between Namibia and any other country or countries whereby arrangements are made for the control and regulation of road transport between Namibia and such country or countries;“foreign carrier” means a carrier who undertakes road transport with a vehicle which is registered in a contracting country other than Namibia;“Namibian carrier” means an operator who undertakes road transport with a vehicle which is registered in Namibia;“road transport” means the transport of passengers or freight by road for reward or in the course of the industry, trade or business of a carrier or by means of a hired vehicle;“vehicle” means -(a)in relation to cross-border freight road transport, any mechanically-propelled road vehicle -(i)which is constructed, adapted or used for the carriage of freight, excluding a semi-trailer and trailer in the case of an articulated vehicle; and(ii)which either by itself or as part of an articulated vehicle exceeds a maximum gross vehicle mass of 3 500 kilograms;(b)in relation to cross-border passenger road transport, any mechanicallypropelled road vehicle which is constructed or adapted for the conveyance of more than twelve passengers or any other vehicle which is used to convey more than twelve passengers; and(c)in relation to cabotage, any mechanically-propelled vehicle and, in the case of an articulated vehicle, also a trailer and semi-trailer.
69. Publication of cross-border road transport agreementsWhere a cross-border road transport agreement is entered into the President shall by proclamation in the Gazette publish that agreement.
70. Cross-border road transport between Namibia and contracting countries
71. Cross-border road transport between Namibia and non-contracting countries
72. Minister may make regulations for giving effect to cross-border road transport agreements and regulating cross-border road transport
ROAD TRAFFIC SIGNS AND SPEED LIMITS
73. Minister may prescribe road traffic signs
74. Authority to display a road traffic sign
75. Failure to obey road traffic sign
76. Speed limit
77. Certain drivers exempted from general speed limitNotwithstanding section 76, the driver of an emergency service vehicle who drives such vehicle in the performance of his or her duties, or a traffic officer or road transport inspector who drives a vehicle in the performance of his or her duties, may exceed the applicable general speed limit, but in such event such vehicle shall be driven -(a)with due regard to the safety of other traffic; and(b)with its sounding device and identification lamp as prescribed being activated:Provided that the driver of an emergency service vehicle contemplated in paragraph (e) of the definition of “emergency service vehicle” may so exceed the applicable general speed limit only when that motor vehicle is being driven in the performance of a duty or service of a prescribed nature or in prescribed circumstances.
ACCIDENTS AND ACCIDENT REPORTS
78. Duty of driver in event of accident
79. Garage to keep record of motor vehicle involved in accident
OFFENCES RELATING TO THE DRIVING OF A MOTOR VEHICLE AND THE TAKING OF INTOXICATING LIQUOR OR DRUGS
80. Reckless or negligent driving
81. Inconsiderate drivingNo person shall drive a vehicle on a public road without reasonable consideration for any other person using the road.
82. Driving while under the influence of intoxicating liquor or a drug having a narcotic effect, or with excessive amount of alcohol in blood or breath
83. Unauthorised acts in relation to vehicle
84. Furnishing false informationWithout derogating from any other provision of this Act, no person shall -(a)in or in connection with any application under this Act;(b)when furnishing any information which to his or her knowledge is required to be used for any purpose under this Act,make a declaration or furnish information which he or she knows is false or in any material respect misleading.
85. Unlawful acts in relation to licence number, licence mark or certain documents
PRESUMPTIONS AND LEGAL PROCEDURE
86. Presumption in regard to public roadsWhere in any prosecution under this Act it is alleged that an offence was committed -(a)on a public road;(b)on a freeway; or(c)on a public road in an urban area,the road concerned shall, in the absence of evidence to the contrary, be presumed to be a road of the description as alleged.
87. Presumption in regard to mass ascertained by means of weighing device
88. Proof of gross vehicle mass of motor vehicleIn any prosecution in terms of this Act for an offence in relation to the gross vehicle mass of a motor vehicle -(a)any document purporting to have been issued by the manufacturer of such motor vehicle and stating the gross vehicle mass of the particular model of motor vehicle; or(b)in the absence of evidence as contemplated in paragraph (a), a certificate purporting to have been issued by a vehicle testing station and specifying the gross vehicle mass of the particular model of motor vehicle,shall be prima facie evidence of the gross vehicle mass of the model of motor vehicle concerned.
89. Presumption that owner drove or parked vehicle
90. Presumption in regard to officersIn any prosecution under any of the provisions of this Act, except section 19, the fact that any person purports to act or has purported to act as a traffic officer, road transport inspector, licence inspector, vehicle examiner or driving examiner, shall be prima facie evidence of his or her appointment.
91. Power of Minister to make regulations
|(i)||the safety of traffic on a public road, including the restriction of the use of any such road or part thereof by traffic and the duties of the users of any such road;|
|(ii)||the identification of vehicles and, in relation to a motor vehicle, the size, shape, colour and character of the licence mark or number to be displayed thereon and the means to be applied to render such mark or number easily distinguishable;|
|(iii)||the width, height and length of any vehicle and the diameter of the wheels and the width, nature and condition of the tyres thereof;|
|(iv)||the maximum mass, laden or unladen, of any vehicle, the height and width of any load which may be carried by any vehicle, the manner of loading of any vehicle, the extent to which any load may project in any direction and the maximum mass that may be transmitted to a public road or any specified area thereof by a vehicle or any part thereof when such vehicle is operated on a public road;|
|(v)||nuisances caused through the emission or discharge of exhaust gas, smoke, fuel, oil, fumes, sparks or other matter from vehicles or, excessive noise caused by the functioning of a vehicle or due to the loading thereof or the use of any accessories or appliances fitted thereto, the maximum allowable noise level and the method of determining the level of noise caused by a vehicle;|
|(vi)||the particulars to be marked on vehicles and the manner in which they are to be displayed or affixed;|
|(vii)||the transportation of dangerous goods defined or described in the regulations, their classification, the conditions and requirements to be complied with in the transportation of such goods, the prohibition of the transportation of specified dangerous goods and the powers and duties of traffic officers and road transport inspectors in respect of the transportation of dangerous goods;|
|(viii)||the towing, pushing or drawing of any vehicle by another vehicle;|
|(ix)||the conditions under which motor vehicles fitted with steering apparatus on the left side may be operated on a public road;|
|(x)||the number, nature and kind of lamps and retro-reflectors to be carried on vehicles, the position in which they shall be affixed, the manner, conditions and times of their use and the use of any lamp or lighting device which may endanger public safety;|
|(xi)||the number and type of brakes of vehicles and measures for ensuring that brakes, silencers and the steering apparatus and other parts of a vehicle are efficient and maintained in proper working condition;|
|(xii)||the operation and control of vehicles on public roads, their construction, equipment, width of tracks, dimensions, mass and use in respect of either chassis and body or chassis, body and load and the conditions on which they may be used;|
|(xiii)||the methods to be used and devices to be fitted for signalling the approach of a vehicle, for enabling the driver of a vehicle to become aware of the approach of another vehicle from the rear, and for indicating the intended movement of a vehicle and measures for ensuring that they shall be efficient and kept in proper working condition;|
|(xiv)||the protection of any public road, the mass, tyres and load of any vehicle in relation to any specified bridge or ferry, the time when and speed at which any vehicle of a specified mass may be allowed to cross any bridge or ferry, and furnishing of security by any person against damage to any public road by reason of heavy traffic, and making good the cost of repairing such damage;|
|(xv)||the parking of vehicles on public roads, the levy of any charges therefor, the leaving of vehicles at rest in dangerous positions, the abandoning of vehicles, their removal from a public road, the disposal of such vehicles and the recovery of expenses in connection with such removal or disposal;|
|(xvi)||the rules of the road to be observed by drivers of vehicles and pedestrians using public roads and other persons using such roads or any area adjacent thereto for any activity which could cause interference with the free usage of such road by vehicular traffic or pedestrians;|
|(xvii)||the holding of motor races or other sports events on public roads;|
|(xviii)||trading on or alongside public roads;|
|(xix)||the furnishing of accident reports and statistics of any nature;|
|(xx)||the number of passengers that may be transported by specified classes of motor vehicles, measures for the general safety, comfort and convenience of passengers carried on or by such motor vehicles and the conduct of the driver, conductor and passengers on such vehicles;|
|(xxi)||the specifications for the examination of any vehicle;|
|(xxii)||any light which may interfere with the proper view of any road traffic sign or may be confused with any such sign;|
|(xxiii)||the method of determining any fact which is required for the purposes of this Act;|
|(xxiv)||any form, process or token which the Minister may deem expedient for the purposes of this Act and the information to be furnished for the purpose of any such form, process or token;|
|(xxv)||the issue of a duplicate of any licence, certificate, token or other document issued under this Act;|
|(xxvi)||the fees payable for any application, licence, certificate, token or other document under this Act or any duplicate thereof, for the lodging of any appeal provided for in this Act, or for any other purpose under this Act;|
|(xxvii)||the dress, including insignia, of authorised officers;|
|(xxviii)||the carriage of persons on vehicles constructed or designed primarily for the carriage of goods;|
|(xxix)||the requirements with which pedal cycles shall conform, their use on any public road and the carrying of passengers and loads thereon;|
|(xxx)||the requirements with which animal-drawn vehicles shall conform, their use on any public road and requirements with respect to the driver or person in charge of such a vehicle;|
|(xxxi)||additional duties for operators of specified classes of motor vehicles or operators engaged in activities which require additional safety measures for the protection of the public;|
|(xxxii)||the establishment and maintenance of a record system for the purpose of recording particulars of persons who have been convicted of an offence in terms of this Act or an offence in terms of the common law relating to the driving of a motor vehicle;|
|(xxxiii)||the procedure to be followed and the measures that may be applied, including the suspension or cancellation of any licence, if, in accordance with stipulated criteria, the record of any person indicates that such person does not comply with the provisions of this Act or any regulation of a local authority council or a regional council made under section 92;|
|(xxxiv)||the manner and circumstances in which application shall be made for the issue of a clearance certificate by the Namibian Police in respect of any motor vehicle, including –|
|(a) the particulars and information to be furnished in the application;(b) the documents to be submitted in connection with the application; and(c) the production of the motor vehicle for identification purposes;|
|(xxxv)||the removal and disposal of abandoned vehicles and the circumstances in which a vehicle may be considered to be an abandoned vehicle;|
|(xxxvi)||the powers and duties of traffic officers when, in the exercise of the powers conferred by section 14(1)(m), any Government motor vehicle is found to be used without the required authorization of a competent authority in the Public Service or contrary to any such authorization given in connection with the motor vehicle concerned;|
|(xxxvii)||the operation of motorcades.|