Traffic Act

	Home \| Databases \| WorldLII \| Search \| Feedback Tuvalu Consolidated Legislation - 2008 Edition

1 Short title
2 Interpretation
3 Classification of motor vehicles
4 Application to Government and Army

5 Appointment of vehicle licensing officers
6 Motor vehicles to be licensed
7 Exemption
8 Application for and grant of motor vehicle and bicycle licences
9 Period of licence
10 Registration
11 Vehicle examiner
11A Offence

12 Appointment of licensing officers
13 Driving licences
14 Provisional driving licences
15 Ages at which persons may be licensed to drive
16 Grant and refusal of driving licences
17 General provisions regarding driving licences. Register of driving licences
18 Extension of driver's licence to other classes of vehicles
19 Foreign driving licences

20 Careless driving
21 Reckless driving
22 Taking vehicles without authority
23 Driving etc whilst driving efficiency impaired by drink or drug
24 Disqualification in certain cases and endorsement
25 Disqualification of driver
26 Removal of disqualification
27 General penalty
28 Appeal
29 Fees Schedule
30 Regulations

AN ACT TO MAKE PROVISION FOR THE CONTROL OF TRAFFIC AND THE LICENSING OF MOTOR VEHICLES, BICYCLES AND DRIVERS^[1]

"bicycle" includes tricycle; "executive officer" means a person appointed as such under the provisions of the Local Government Act;

"hand cart" means a wheeled cart designed or adapted for use by pedestrians;

"motor cycle" means a motor vehicle designed to travel on not more than 3 wheels the weight of which unladen does not exceed 5 hundredweight;

"motor vehicle" means a vehicle propelled by means of mechanism contained within itself and constructed for use on roads and not on specially prepared ways and unless the context otherwise requires the term includes a trailer drawn by any such vehicles;

"owner" in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement means the person in possession of a vehicle under that agreement;

"trailer" means a vehicle drawn by a motor vehicle but not so articulated to it as to form an essential part of it;

For the purposes of this Act vehicles are divided into the following classes —

A. Commercial Motor Vehicles. A commercial motor vehicle is a motor vehicle used exclusively for the carriage of goods for hire or reward or used in the course of trade or agriculture and includes any motor vehicles of a net weight exceeding 50 hundredweight;

B. Public Service Vehicles. A public service vehicle is a vehicle used for the carrying of passengers or passengers and goods for hire or reward;

C. Private Motor Vehicles. A private motor vehicle is any motor vehicle, other than a motor cycle, which is neither a commercial nor a public service vehicle;

(1) Subject to any exemptions which may be granted under regulations, the provisions of this Act shall apply to all vehicles and persons whether or not such vehicles are used or such persons employed in Government service.

(2) The provisions of this Act relating to the licensing and registration of motor vehicles and the licensing of drivers shall not apply to vehicles the property of Her Majesty's Forces or of the Forces of any allied power nor to members of such forces whilst engaged in driving such vehicles.

The executive officer shall be the vehicle licensing officer for the area of authority of the local government council to which he is appointed.

(1) No person shall drive or being the owner shall permit any other person to drive a motor vehicle upon a public road unless such vehicle is duly licensed, under the provisions of this Part, for the area of authority of the local government council in which the public road is located.

(2) No person shall take or being the owner permit any other person to take any bicycle upon a public road unless such bicycle is duly licensed, under the provisions of this Part, for the area of authority of the local government council in which the public road is located.

(1) The provisions of section 6(1) shall not apply to any person who, with the permission in writing of any vehicle licensing officer, drives a motor vehicle along a public road for the purpose of —

(2) The provisions of section 6(2) shall not apply to any person who takes any bicycle upon a public road with the permission in writing of any vehicle licensing officer.

Any person desiring to obtain a licence for a motor vehicle or for a bicycle shall make application in the prescribed form to the vehicle licensing officer of the area within which such motor vehicle is to be driven or such bicycle is to be taken on a public road who shall, upon receipt of payment of the prescribed fee, issue to the applicant a licence in the prescribed form in respect of the motor vehicle or the bicycle:

Provided that the vehicle licensing officer may attach to any licence issued by him in respect of any motor vehicle such conditions as to the load which the motor vehicle may carry as may to him seem necessary having regard to the design of the motor vehicle and the safety and convenience of the public.

(1) Every bicycle licence issued under this Part shall expire 1 year after the day on which it was issued.

(2) A motor vehicle licence under this Part shall be a yearly or half-yearly licence and every yearly licence shall expire 1 year after the day on which it was issued and every half-yearly licence shall expire 6 months after the day on which it was issued.

(1) Every vehicle licensing officer shall keep a register of licences issued by him in respect of vehicles under the provisions of this Part.

(2) Upon first issuing a licence in respect of any motor vehicle the vehicle licensing officer shall enter in the register the name of the applicant as the owner of the motor vehicle and particulars of the class, type, make, colour and maker's engine number of the motor vehicle, and shall assign a registration number to the motor vehicle.

(3) The registration number shall consist of such letters and numbers as the vehicle licensing officer, subject to the directions of the Minister, may determine.

(4) Every register kept under this section shall at all reasonable times be available for inspection by a police officer acting on the authority of the Chief of Police and shall be admissible in any court as evidence of the matters therein contained.

(2) A police officer of the rank of inspector or above or any police officer in charge of a police station may serve written notice upon any motor vehicle driver or user that the motor vehicle shall be produced to a named motor vehicle examiner within such time as may be specified in the notice.

(3) A vehicle examiner to whom a motor vehicle is produced pursuant to a notice under subsection (2) shall examine that vehicle and shall certify in the prescribed form whether he considers the vehicle fit for use on the roads in Tuvalu.

(4) If a motor vehicle is certified under subsection (3) as not being fit for use on the roads of Tuvalu then any person who drives such vehicle before it has been certified by a vehicle examiner as being fit for such use other than —

(i) from the place of examination to the place where the vehicle is ordinarily kept or;

(ii) to a vehicle examiner for a further examination with a view to obtaining a certificate that the vehicle is fit for use on the roads of Tuvalu; or

shall commit an offence and be liable to a fine of $100.00 and to imprisonment for 6 months.

Any person who contravenes any of the provisions of this Part or who uses a motor vehicle or bicycle or being the owner permits such motor vehicle or bicycle to be used in contravention of such provisions or in contravention of any of the conditions of a licence issued in pursuance of any of the provisions of this Act is guilty of an offence.

The Minister may appoint such persons, hereinafter in this Part referred to as "Licensing officers" in such areas as he may deem fit for the purpose of issuing licences to persons to drive vehicles under the provisions of this Part.

Subject to the provisions of section 14 it shall be an offence for any person to drive a motor vehicle upon a public road unless he is duly licensed or deemed to be duly licensed to drive such vehicle under the provisions of this Part or to employ any other person so to drive a motor vehicle unless such other person is so licensed.

(1) For the purpose of enabling any person over the age of 16 years to learn to drive a motor vehicle with a view to satisfying a licensing officer that he is competent to drive such vehicle a licensing officer may, if so requested by such person and on the payment of the prescribed fee, grant him a provisional driving licence to be in force for a period of 6 months.

(2) A provisional driving licence shall be in the prescribed form and shall be granted subject to the prescribed conditions.

(3) If any person to whom a provisional licence is granted fails to comply with any of the conditions subject to which it is granted, he shall commit an offence and shall be liable to a fine of $100 and to imprisonment for 6 months.

(4) Where an applicant for a provisional driving licence holds such a licence or has held one during the period of 12 months ending on the date of coming into force of the licence applied for, and has held a previous provisional driving licence relating to a like class of motor' vehicle within the period of 12 months ending on the date of the coming into force of the last provisional licence held by him, a licensing officer may refuse to grant the licence applied for unless the applicant satisfies the licensing officer that he has reasonable cause for applying for the provisional driving licence first hereinbefore mentioned.

No licensing officer shall grant to any person a licence to drive any motor vehicle unless such person first establishes to the reasonable satisfaction of such officer that he is of or over the age of —

(b) 17 years, where the vehicle to which the licence relates is a private motor vehicle;

(2) On receipt of such application and of the prescribed fee the licensing officer shall, if he is satisfied that the applicant is competent to drive the class or classes of vehicle to which the application relates and is conversant with the traffic laws, issue to him a licence in the prescribed form to drive the class or classes of vehicle specified in the licence:

Provided that the licensing officer shall refuse to issue or to renew a licence in the case of any person who —

(a) suffers from some disease or disability which would make it unsafe for him to drive the class of vehicle for which he applies for a licence;

(c) in the case of an application to drive a public service vehicle, is not considered by him to be a fit and proper person to drive that class of vehicle.

17 General provisions regarding driving licences. Register of driving licences

(1) Every driving licence shall be in the prescribed form and shall expire 1 year after the day on which it was issued but may be renewed upon payment of the prescribed fee and every renewal shall be endorsed on the licence.

(2) The driver of a motor vehicle shall, on being so required by any police officer in uniform, produce his driving licence for examination so as to enable such police officer to ascertain any particulars therein contained and if he fails to do so shall be guilty of an offence:

Provided that if within 48 hours after the production of his driving licence being so required, the driver produces his licence in person at such police station as may have been specified by him at the time production of the licence was required, he shall not be convicted under this subsection.

(3) A licensing officer may, upon payment being made of the prescribed fee issue a duplicate driving licence to any person who satisfies him that his licence has become lost or accidentally destroyed; and in such a case the licensing officer may require the applicant to make a statutory declaration as to the particulars on his licence and the circumstances under which it was lost or destroyed.

(4) Every licensing officer shall keep in the prescribed form a register of driving licences issued by him.

(5) Every register kept under this section shall at all reasonable times be available for inspection by a police officer acting on the authority of the Chief of Police and shall be admissible in any court as evidence of the matters therein contained.

At any time during the validity of a driver's licence, the holder may apply to a licensing officer for an addition to the classes of vehicle which the holder is permitted to drive, and the licensing officer, if satisfied that the applicant is competent to drive such additional class or classes of vehicle, shall, subject to the other provisions of this Act, make such further addition by endorsement on the licence.

Any person being a visitor to Tuvalu who on any occasion drives a motor vehicle within 2 weeks of his arrival in Tuvalu shall be deemed to be duly licensed under this Part provided the Chief of Police is satisfied that he holds a licence valid in any country authorising him then to drive such a motor vehicle.

Any person who drives a motor vehicle or bicycle without due care and attention or without reasonable consideration for other persons shall be liable to a fine of $100 and imprisonment for 6 months.

(1) Any person who drives a motor vehicle recklessly shall be liable to a fine of $200 and to imprisonment for 1 year.

(2) Any person who causes the death of another person by driving a motor vehicle recklessly shall be liable to imprisonment for 5 years.

(1) Any person who takes and drives away a vehicle without having either the consent of the owner thereof or other lawful authority shall be liable to a fine of $100 and to imprisonment for 6 months.

(2) If on proceedings under this section the court is satisfied that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor, the accused shall not be liable to be convicted of the offence.

(3) If on the trial of a charge of stealing a vehicle the court is of the opinion that the defendant was not guilty of stealing the vehicle but was guilty of an offence under this section the court may find him guilty of an offence under this section and thereupon he shall be liable to be punished accordingly.

(4) A police officer may arrest without warrant any person whom he suspects upon reasonable grounds of having committed an offence under this section.

(1) Any person who drives or attempts to drive or is in charge of a motor vehicle whilst his efficiency as a driver is impaired by drink or a drug shall be liable to a fine of $200 and to imprisonment for 1 year.

(1A) For the purposes of subsection (1) a person's efficiency as a driver is impaired by drink or drug if the concentration of alcohol in the person's blood exceeds 0.08%. ^[3]

(2) Any police officer may arrest without warrant any person whom he reasonably suspects is committing an offence under this section.

(3) Where in any proceeding for an offence under this section in connexion with drink it is proved that the accused person drove or attempted to drive or was in charge of the motor vehicle in question within 2 hours after consuming any liquid containing alcohol and it is further proved that within that same period —

(a) the accused person committed any offence under this Act in connexion with the manner in which he drove any motor vehicle (whether the motor vehicle in question or any other motor vehicle); or

(b) the accused person was involved in an accident in circumstances which give the court reasonable ground to believe that the manner in which he drove any motor vehicle (whether the motor vehicle in question or any other motor vehicle) contributed to the accident,

the court shall presume that the accused person drove or attempted to drive or was in charge of the motor vehicle in question, as the case may be, whilst his efficiency as a driver was impaired by drink, unless the contrary is proved.

(4) Where in any proceedings for an offence against this section in connection with drink it is proved that the accused person consumed any liquid in circumstances which give the court reasonable ground to believe that the liquid contained alcohol the court shall presume that the liquid did contain alcohol, unless the contrary is proved.

(1) Upon the conviction of any person of the offence of manslaughter arising out of the driving of a motor vehicle or of an offence under this Act the court shall disqualify such person from holding a driving licence.

(2) On the issue of a new licence to any person the endorsements, if any, appearing on the old licence shall be entered on the new licence.

(1) Subject to subsection (2), upon the conviction of a person of any offence under this Act the court may make an order that such person be disqualified from holding a driving licence.

the court shall make an order that the person be disqualified from holding a driving licence.

Any person who has been disqualified from holding a licence under the provisions of sections 24 or 25 may at any time after the expiration of 6 months from the date of the order and from time to time apply to the court by which the order was made to remove the disqualification and on any such application the court may, if it thinks proper, having regard to the character of the person disqualified and his conduct subsequent to the order, the nature of the offence and any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order or refuse the application:

Provided that where an application under this section is refused a further application hereunder shall not be entertained if made within 3 months after the date of such refusal.

Any person who is guilty of an offence under this Act for which no special penalty is provided shall be liable to a fine of $100 and to imprisonment for 6 months.

Any person aggrieved by the decision of any officer appointed to issue licences under this Act may at any time within 30 days of the date of the decision appeal to the Minister whose decision shall be final.

(1) The fees prescribed in the Schedule shall be paid in respect of the matters therein.

(2) Except in so far as may be otherwise directed by the Minister all fees prescribed under this Act shall be paid into the Consolidated Fund:

(3) The Minister may exempt any person or class of person from the payment of any fees payable under this Act and may by notice, subject to subsection (4), amend any of the fees set out in the Schedule.

(4) A local government council may by resolution amend the fees in respect of items 1, 5, 6 and 8 of the Schedule but such amended fees shall only have effect for licences issued in respect of the area of authority of that local government council:

Provided that such amended fees shall only come into effect as and when the Minister has by notice approved such resolution.

The Minister may make regulations for the better carrying out of the provisions of this Act and for all or any of the following purposes —

(a) prescribing the minimum mechanical requirements of vehicles to ensure safety;

(c) prescribing the rules to be observed by foot passengers upon any road and by drivers of motor vehicles or bicycles whilst driving;

(g) prescribing tests of competence to drive motor vehicles, the qualifications and appointment of persons by whom such tests may be conducted, the eligibility of persons to submit themselves to such tests and the terms and conditions upon which they may so submit themselves;

(h) prescribing the lights to be exhibited by vehicles on any public road during the period between sunset and sunrise;

(i) prescribing the areas in which and the manner in which registration numbers shall be displayed on motor vehicles;

(j) requiring, subject to such exception as may be specified in the regulations, persons driving or riding (otherwise than in side cars) on motor cycles of any class specified in the regulations to wear protective headgear of such description as may be so specified;

(k) restricting the use of any road either temporarily or permanently and either generally or in respect of certain classes of vehicles;

(l) establishing the fees payable in respect of any matter or thing the subject of the Regulation;

(m) prescribing the forms of any notices licence or certificates to be used under the provisions of the Act or the Regulations and the conditions to be imposed thereon;

(o) prescribing the use of any instrument for testing the concentration of alcohol present in a person's blood;^[4]

(p) prescribing the use of any instrument for ascertaining the speed of a vehicle;^[5]

1. Yearly Motor Vehicle Licences	$	c
A. Commercial Vehicles —
(i) Designed to carry load not exceeding 1 ton	25
(ii) Designed to carry load exceeding 1 ton	37
(iii) Tracked vehicles and Prime Movers	37
(iv) Trailers with 2 wheels	5
(v) Trailers with 4 wheels	10
B. Public Service Vehicles —
(vi) Designed to carry load not exceeding 1 ton	25
(vii) Designed to carry load exceeding 1 ton	37
C. Private Motor Vehicles —
(viii) Motor Cycles	8
(ix) Other Private Motor Vehicles	12
NOTE - Half of the prescribed fee is payable for half-yearly motor vehicle licence.
2. Provisional Driving Licence	1
3. Renewal of Driving Licence	1
4. Duplicate of Driving Licence	1
5. Fee for re-examination of motor vehicle other than motor-cycles by a vehicle examiner under section II	5
6. Fee for re-examination of motor-cycles by a vehicle examiner under section II	2
7. An application for new driving licence under section 19 including any test	2
8. Bicycle licence		50

Island ..................................................................................................................20 ........

Name of Licensee ............................................................................................................

Address of Licensee .........................................................................................................

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

Make of Vehicle ............................................................................................................

Owner's Name .................................................................................................................

Owner's Address ..............................................................................................................

..........................................................................................................................................

Registered Number ......................................................In Class ......................................

This licence authorises the vehicle described above to be used on a public road from the date of issue until 31st December 20 ..................

(Date).......................................................... Place ..................................................

Fee Paid...................................................... Revenue Receipt ................................

BACK: Conditions:
..........................................................................................................................................

..........................................................................................................................................

Class ................................................. Owner's Name .................................................

Type ................................................. Owner's Address ..............................................

Make ................................................ ..........................................................................

Colour .............................................. Licence No ......................................................

Engine No. ....................................... Date of Issue ....................................................

Name ............................................................. Licence No .........................................

Address .............................................................................................................................

..........................................................................................................................................

......................................................... ....................................................
Signature of Licensee Licensing Officer

..........................................................................................................................................

Tuvalu Consolidated Legislation - 2008 Edition

Traffic Act