CHAPTER 168
ROAD TRAFFIC ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

(a) Administration

   3.   Registrar of Motor Vehicles.

   4.   Other traffic officers.

(b) Records

   5.   Registers.

   6.   Searches.

   6A.-6E.   [Repealed.]

   7.   Certified copies.

PART II
REGISTRATION OF MOTOR VEHICLES, ETC.

   8.   Use of motor vehicles, etc., without registration prohibited.

   9.   Classification of motor vehicles, etc.

   10.   Application for registration of motor vehicles.

   11.   Registration of motor vehicle, etc.

   12.   General registration in case of dealer.

   13.   Certificate of registration to be carried in the vehicle.

   14.   Identification marks.

   15.   Presumption of ownership.

   16.   Notice of change of ownership.

   17.   Exemption from registration, licensing, etc.

   18.   Offences and penalties.

PART III
DRIVING LICENCES

   19.   Driving without a valid driving licence prohibited.

   20.   Classification of motor vehicles, etc., for driving licences.

   21.   Learner drivers' licences.

   22.   Identification marks for vehicle used for driving lessons.

   23.   Driving tests.

   24.   Certificate of competence.

   25.   Driving licences.

   26.   Conditional driving licences.

   27.   Mandatory cancellation or suspension of driving licence.

   28.   Discretionary powers of cancellation or suspension.

   29.   Endorsements.

   30.   Appeals.

   31.   Issue of duplicate driving licences.

   32.   Production of driving licence for cancellation or endorsement.

   33.   Custody of driving licence while cancelled, etc.

   34.   Application for driving licence after cancellation.

   35.   Removal of disqualification.

   36.   Automatic disqualification.

   37.   Offences.

   38.   Offences of applying for, or obtaining, driving licence or driving while disqualified.

PART IV
USE OF MOTOR VEHICLES

   39.   Condition of motor vehicle, etc., for use on road.

   39A.   Permissible weight.

   39B.   Use of signals.

   39C.   Use of light.

   40.   Causing bodily injury or death through dangerous driving, etc.

   41.   Causing bodily injury or death through carelessness.

   42.   Reckless or dangerous driving.

   43.   Obstructing official motorcade.

   44.   Driving a motor vehicle while under the influence of drink or drugs.

   45.   Driving a motor vehicle with blood-alcohol concentration above prescribed limit.

   46.   Blood tests for alcohol.

   46A.   Breath tests for alcohol.

   46B.   Use of alcometer.

   47.   Persons authorised to withdraw and analyse blood.

   48.   Detention of persons whilst affected by alcohol.

   49.   Definition of "prescribed limit".

   50.   Careless or inconsiderate use of motor vehicle.

   51.   Speeding.

   52.   Driving while disqualified or without driving licence.

   53.   Compliance with speed limit not a defence to other charges.

   54.   Emergency motor vehicles.

   55.   Compulsory stopping at railway crossings.

   56.   Driving unreasonably slowly.

   57.   Duties of drivers in case of accidents.

   58.   Riding in dangerous position.

   59.   Restriction on pillion riding.

   60.   Obstructing a driver of a motor vehicle, etc.

   61.   Causing damage to a motor vehicle, etc.

   62.   Taking motor vehicle without owner's consent.

   62A.   Power of Court to order forfeiture of vehicle used in commission of offence and disqualification of driver.

   63.   Penalties for offences under Part IV.

PART V
CONTROL OF TRAFFIC

   64.   Traffic signs, etc.

   64A.   General rule.

   65.   Pedestrian crossings.

   66.   Permits for herds, processions or parades.

   67.   Temporary speed restriction.

   68.   Closure of road.

   69.   Restriction of traffic on road.

   70.   One-way traffic.

   71.   Parking places.

   71A.   Parking and standing.

   72.   Special parking places.

PART VI
ENFORCEMENT

(a) Enforcement

   73.   Duties of police.

   74.   Records of traffic offences.

   75.   Filing of accident reports and drivers' files.

   76.   Inspector-General to submit annual accident and safety reports.

   77.   Power to demand production of driving licence.

   78.   Power to demand name and address of owner of vehicle.

   79.   Employer to keep record of driver.

   80.   Owner or hirer, etc., to give identity of driver.

   81.   Examination of vehicle on road.

   82.   Power to order examination.

   83.   Examination by inspector.

   84.   Removal of abandoned vehicles.

   85.   Removal of broken-down vehicle.

   86.   Removal of vehicle from parking place.

   87.   Police may require motor vehicle to be driven to police station and detain vehicle.

   88.   False information.

   89.   Offences.

(b) Institution of Proceedings

   90.   Application.

   91.   Institution of traffic proceedings.

   92.   Traffic charge and summons.

   93.   Application of Criminal Procedure Act.

   94.   Admissibility of certificates.

   95.   Punishment without prosecution.

PART VII
NATIONAL ROAD SAFETY COUNCIL

   96.   Establishment of National Road Safety Council.

   97.   Functions of the Council.

   98.   Term of office of members.

   99.   Regulations governing Road Safety Council.

PART VIII
MISCELLANEOUS PROVISIONS

   100.   Persons propelling push-carts or riding animals, etc.

   101.   Restrictions on riding bicycles.

   102.   Damage to road or related works.

   103.   Certificate of cost.

   104.   Application of Act to persons in the public service and vehicles of the Government.

   105.   Driving vehicle, etc., to common danger.

   106.   Driving carriage, etc., while drunk.

   107.   Bicycle, etc., to have bells.

   108.   Use of blind animals for draught prohibited.

   109.   Hire of vehicles.

   110.   Arrest without warrant.

   111.   Aiding, abetting, etc.

   112.   Exemptions.

   113.   General penalties for contravention of the Act.

   114.   Regulations.

   115.   Delegation by Minister.

   116.   Delegation by Registrar.

   117.   [Repeal of R.L. Cap. 168.]

   118.   [Further transitional and consequential provisions.]

SCHEDULES

CHAPTER 168
THE ROAD TRAFFIC ACT

An Act to provide for the control and regulation of road traffic.

[13th January, 1974]
[G.N. No. 20 of 1974]

Acts Nos.
30 of 1973
41 of 1974
12 of 1979
15 of 1980
25 of 1980
12 of 1981
22 of 1982
4 of 1990
3 of 1993
16 of 1994
16 of 1996

PART I
PRELIMINARY PROVISIONS (ss 1-7)

1.   Short title

   This Act may be cited as the Road Traffic Act.

2.   Interpretation Acts Nos. 41 of 1974 Sch.; 16 of 1996 s. 2">

   (1) In this Act, unless the context requires otherwise–

   "bicycle" means any vehicle which has at least two wheels which is propelled by means of pedals or hand cranks solely by the physical energy of the person riding it;

   "bridge" includes a culvert;

   "carriage" means a wagon, cart, bicycle, tricycle and every description of a wheeled vehicle other than–

   (a)   a motor vehicle;

   (b)   a vehicle used on specially prepared ways such as a railway or tramway;

   (c)   a trailer;

   (d)   a baby carriage;

   (e)   a wheel barrow;

   "carriageway" means that part of a road normally used by vehicular traffic but does not include that part of a road which consists of a street refuge or central reservation whether within the limits of a pedestrian crossing or not;

   "certified driving instructor" means a person certified by a competent institution to instruct another person learning to drive a vehicle;

   "commercial vehicle" means any motor vehicle constructed or adapted for use and used for the conveyance of goods in the course of trade or agriculture or for the conveyance, in the course of such employment, of persons who are in the employment of the owner;

   "Competent institution" means an institution to be prescribed by the Minister by notice in the Gazette to certify a certified driving instructor;

   "controlled intersection" means an intersection where traffic is controlled by a "stop" or a "give way" sign, automatic traffic signal or hand signal or by a police officer;

   "dealer" means a person who trades in or repairs motor vehicles or trailers for financial reward or gain;

   "driver"

   (a)   in relation to a motor vehicle or any other vehicle, means person who drives or attempts to drive or is in charge of the vehicle and includes an instructor of a learner driver;

   (b)   in relation to animals, means a person who guides cattle, singly or in herds, or flocks, or draught, pack or saddle animals on a road; and

   (c)   in relation to a towed vehicle, means a person who drives the towing vehicle;

   "driving licence" means a licence issued under Part III of this Act;

   "driving school" shall have the meaning assigned to that expression in the Motor Vehicles Driving Schools (Licensing) Act *;

   "engineering plant" means movable plant or equipment being a self-propelled vehicle or trailer designed or constructed for special purposes of engineering operations which, when proceeding on a road, does not carry any load other than such load as is necessary for its propulsion or equipment;

   "examining officer" means a person appointed as an examining officer under section 4;

   "excess charge" means the amount additional to the initial charge for a vehicle left in a parking place for a time exceeding the standard period prescribed for the parking place as indicated on the parking meter;

   "goods vehicle" means a motor vehicle constructed or adapted for use for the conveyance of goods or burden of any description;

   "initial charge" means the amount of the charge for a vehicle left in a parking place for a time not exceeding the standard period prescribed for the parking place and as indicated on the parking meter;

   "intersection" means any level cross road, junction or fork and it includes an open area founded by such cross road, junction or fork;

   "laden weight" means the actual weight of a vehicle as loaded, with a driver and passengers on board;

   "lane" means any one of the longitudinal strips into which the carriage-way is divisible, whether or not defined by a longitudinal road marking which is wide enough for one moving line of motor vehicles other than motor cycles;

   "learner driver's licence" means a licence issued under this Act to a person to drive a motor vehicle or tractor under the personal supervision of a licensed instructor;

   "level crossing" means any level intersection between a road and a railway;

   "maximum permissible weight" means the maximum weight of the laden vehicle declared permissible by the competent authority of the state in which the vehicle is registered;

   "medical practitioner" has the meaning assigned to that expression under the Medical Practitioners and Dentists Act *;

   "Minister" means the Minister for the time being responsible for road traffic;

   "moped" means any two-wheeled or three-wheeled vehicle which is fitted with an internal combustion engine having a cylinder capacity not exceeding fifty c.c. and of maximum design speed not exceeding fifty kilometres per hour;

   "motorcycle" means a motor vehicle with less than four wheels, the unladen weight of which does not exceed four hundred kilogrammes;

   "motor vehicle" means any self-propelled vehicle intended or adapted for use on the roads and includes an engineering plant;

   "one-way street" means any road on which driving other than in one direction is prohibited at all times;

   "owner"

   (a)   in the case of a vehicle which is for the time being registered under this Act and is not being used under a hiring agreement or a hire-purchase agreement, means the person appearing as the owner of the vehicle in the register kept by the Registrar under this Act;

   (b)   in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person in possession of or having the use of the vehicle under that agreement; or

   (c)   in relation to a vehicle not registered under this Act, includes the driver or the person in charge of the vehicle;

   "parking meter" means an apparatus for use on or in the vicinity of a parking place for indicating, as respects a space provided at that parking place for the leaving of vehicles, whether the initial charge has been paid and whether the period for which payment was made by the initial charge has expired;

   "Partner States" means the United Republic of Tanzania the Republic of Uganda and the Republic of Kenya;

   "passenger vehicle" means a vehicle that is constructed or adapted solely for the carriage of passengers and their effects;

   "pedestrian crossing" means a crossing for foot passengers of the part of a road normally used by vehicular traffic established under this Act and indicated by traffic signs in accordance with the regulations having effect as respects that crossing;

   "plying for hire", in relation to a vehicle, includes–

   (a)   standing on any public taxi rank or stand;

   (b)   being offered for hire by any notice, advertisement or announcement;

   (c)   standing or travelling whilst exhibiting a "for hire" notice of any kind;

   "points system" means a method whereby numerical values are assigned to driving offences in proportion to the seriousness of the offence;

   "prescribed" means prescribed by regulations made under this Act;

   "prescribed limit" has the meaning assigned to it by section 49 of this Act;

   "private omnibus" means a passenger vehicle, not being a public service vehicle, having seating accommodation for more than seven passengers excluding the driver;

   "public omnibus" means a public service vehicle that carries passengers for hire or reward;

   "public service vehicle" means a motor vehicle which carries or is intended to carry passengers for hire or reward, whether or not used or constructed solely for that purpose;

   "register" includes information stored in a computer and any other apparatus;

   "Registrar" means the person appointed as Registrar of Motor Vehicles under subsection (1) of section 3 of this Act and includes a Deputy Registrar;

   "rental vehicle" means a passenger vehicle which is a public service vehicle not employed to carry passengers at separate fares but which plies for hire at a licensed fixed place of business (not being a taxi rank or road) on daily, weekly or monthly basis or for a specific journey;

   "road" means any road, highway, way, street, bridge, culvert, wharf, car park, footpath or bridle path on which vehicles are capable of travelling and to which the public has access whether or not such access is restricted and whether subject to any condition, but does not include any road within the curtilage of a dwelling house;

   "semi-trailer" means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle;

   "street parking place" and "off-street parking place" refer respectively to parking places on land which does, and on land which does not, form part of a road;

   "taxi-cab" means a public service vehicle with seating accommodation for not more than six passengers exclusive of the driver;

   "tractor" means a self-propelled road vehicle which is not itself constructed to carry a load other than such as is necessary for its propulsion and equipment but which is constructed or adapted for the purpose of drawing or propelling a vehicle;

   "traffic sign" means any object, device or marks (whether fixed or portable and in the case of marks, whether painted or otherwise displayed) for conveying to traffic on the roads, or any specified description of traffic, warnings, information, requirements, restrictions, or prohibitions of any description specified by the Minister by regulations and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions;

   "trailer" means any vehicle designed to be drawn or propelled by a motor vehicle but does not include–

   (a)   an integral sidecar, integral forecar or integral trailer attached to a motorcycle (which shall be regarded as forming part of the vehicle to which it is attached);

   (b)   engineering plant;

   "unladen weight" means the weight of a vehicle without any driver, passengers or load, but with a full supply of fuel, oil, grease, a spare wheel and with the tools which the vehicle normally carries;

   "vehicle" means a vehicle of any description whatsoever, and includes a machine or implement of any kind drawn or propelled along roads whether by animal, mechanical, electrical or any other motive power;

   "vehicle inspector" means a person appointed as a vehicle inspector under section 4.

   (2) References in this Act to the Chief Medical Officer and the Engineer in Chief shall be construed as references to persons for the time being holding those posts, however so designated, in the Ministries for the time being responsible for health and works, respectively.

(a) Administration (ss 3-4)

3.   Registrar of Motor Vehicles

   (1) Subject to the provisions of any written law relating to the appointment of persons to the public service, the Minister for the time being responsible for finance may, by notice in the Gazette, appoint a Registrar of Motor Vehicles.

   (2) The Minister for the time being responsible for finance may, by notice in the Gazette, appoint Deputy Registrars of Motor Vehicles for such parts of Tanzania as may be specified in the notice.

4.   Other traffic officers

   The Minister shall, by notice in the Gazette, appoint–

   (a)   vehicle inspectors; and

   (b)   examining officers,

and may, by notice in the Gazette, appoint such other officers as may be necessary for the better carrying out of the purposes and provisions Act.

(b) Records (ss 5-7)

5.   Registers

   (1) The Registrar shall keep in the prescribed form–

   (a)   registers of all motor vehicles and trailers registered under this Act; and

   (b)   registers of all driving licences, issued under this Act,

and shall cause every Deputy Registrar to keep registers of all motor vehicles, trailers and engineering plant registered by him and of driving licences issued by him.

   (2) All registers shall be open for inspection on demand by a police officer who shall be entitled to copy any entry in a register.

6.   Searches Act No. 12 of 1979 s. 29">

   All registers in the custody of the Registrar shall be open for inspection by members of the public during prescribed hours upon payment of the prescribed fee.

6A.-6E.   Repealed

   [Repealed by Act No. 16 of 1994.]

7.   Certified copies

   (1) The Registrar shall, upon payment of the prescribed fee, furnish to an applicant a certified copy of any entry in any register.

   (2) The copy of any entry in a register which is certified under the hand of the Registrar shall be deemed to be a correct copy and shall be prima facie evidence of all statements contained therein in all court proceedings.

PART II
REGISTRATION OF MOTOR VEHICLES, ETC. (ss 8-18)

8.   Use of motor vehicles, etc., without registration prohibited

   (1) No person shall use on any road a motor vehicle or trailer, other than a motor vehicle or trailer exempted from the provisions of this Act, unless such motor vehicle or trailer is registered under the provisions of this Act.

   (2) If any motor vehicle or trailer is used in contravention of the provisions of subsection (1), the owner of the motor vehicle, or as the case may be, the trailer as well as the driver of the motor vehicle shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding five years or to both such fine and such imprisonment and, in addition thereto, the court may order the forfeiture to the Government of the motor vehicle or the trailer, as the case may be.

9.   Classification of motor vehicles, etc.

   (1) For the purposes of registration under this Act, motor vehicles and trailers shall be divided into such classes as may be prescribed by regulations made by the Minister for the time being responsible for finance.

   (2) A vehicle designed to be supported on a cushion of air hereinafter referred to as a "hover vehicle" shall, for the purposes of this Act, be deemed to be a motor vehicle, whether or not it is adapted or intended for use on roads but, subject to the provisions of subsection (3) of this section, shall be treated as not being a motor vehicle of any of the classes or description prescribed under this Act.

   (3) The Minister may by regulations provide–

   (a)   that any provision of this Act which would otherwise apply to hover vehicles shall not apply to them, or shall apply to them subject to such modifications as may be specified in the regulations; or

   (b)   that any such provisions of this Act which would not otherwise apply to hover vehicles shall apply to them subject to such modifications, if any, as may be specified in the regulations.

10.   Application for registration of motor vehicles

   (1) An application for the registration of a motor vehicle or trailer shall be made in the prescribed form by the owner of the motor vehicle or trailer to the Registrar and shall be accompanied by the prescribed fee.

   (2) No person under the age of eighteen years shall be registered as the owner of a motor vehicle or trailer:

   Provided that a person who has attained the apparent age of fourteen years may be registered as the owner of a motorcycle.

   (3) No person adjudged under any law to be of unsound mind shall be registered as the owner of a motor vehicle or trailer:

   Provided that any person authorised to act as the trustee of such person of unsound mind may be registered as the owner in his capacity as a trustee.

   (4) For the purposes of this section "prescribed" means prescribed by regulations made by the Minister for the time being responsible for finance.

11.   Registration of motor vehicle, etc.

   (1) The Registrar shall, prior to the registration of a motor vehicle or trailer verify the particulars in the application for registration and shall satisfy himself that–

   (a)   the motor vehicle or trailer is in a fit and proper condition for the purposes for which it is intended to be used and he may for that purpose send the motor vehicle to an inspector for examination;

   (b)   the motor vehicle or trailer has been lawfully exported from its country of origin or the country in which it was last registered;

   (c)   the motor vehicle or trailer has been lawfully imported into Tanzania; and

   (d)   any tax or duty due in respect of the motor vehicle or trailer under any written law has been paid.

   (2) The Registrar shall, when satisfied as to the particulars of a motor vehicle or trailer contained in an application for registration, enter particulars thereof in his register and shall assign the motor vehicle or trailer identification marks to be shown on the registration plates to be affixed to the motor vehicle or trailer in the prescribed manner and shall issue to the applicant a certificate of registration in the prescribed form for the motor vehicle or trailer.

   (3) Where a motor vehicle or trailer is owned by two or more persons, the registration shall be effected in the name of all the owners; and in no circumstances shall registration of a motor vehicle or trailer be effected under a business name (whether registered or unregistered) or under the name of any unincorporated body:

   Provided that where the owner is a society registered under the Societies Act *, the society may be registered as such owner.

   (4) Any person who, without lawful authority or excuse–

   (a)   fraudulently or knowingly alters or defaces any identification marks assigned in respect of any motor vehicle or trailer; or

   (b)   fraudulently uses, lends or permits to be used any such identification marks,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding two years or to both such fine and imprisonment.

12.   General registration in case of dealer

   (1) If any person being a dealer makes, in the prescribed manner, an application in that behalf to the Registrar that he may be entitled, in lieu of registering each motor vehicle or trailer kept by him, to take out a general certificate of registration in respect of all such vehicles used by him, the Registrar may, subject to any prescribed conditions and the payment of the prescribed fee, issue to him a general certificate of registration in respect of all vehicles used by him for such purposes as may be prescribed:

   Provided that–

   (a)   the holder of any general certificate of registration issued under this section shall not be entitled by virtue of that certificate to use more than one vehicle at any one time, except in the case of a vehicle drawing a trailer and used for the prescribed purposes, in which case both the motor vehicle and the trailer may be so used, or to use any vehicle in breach of any of the prescribed conditions or for any purpose other than a prescribed purpose; and

   (b)   nothing in this section shall operate to prevent a person entitled to take out a general certificate of registration from holding two or more such certificates.

   (2) Provision may be made by regulations for assigning general identification marks to a person holding any certificate of registration issued under this section.

   (3) Any person who, being the holder of a general certificate of registration issued under this section, uses at any time a greater number of vehicles than he is authorised to use by virtue of such certificate or certificates shall be guilty of an offence and shall be liable to the penalties provided for under section 8 of this Act.

13.   Certificate of registration to be carried in the vehicle

   (1) Every person driving or being in charge of any motor vehicle or trailer shall carry with him the original certificate of registration or duplicate copy thereof duly authorised by the registrar, issued in respect of such motor vehicle or trailer and shall produce it for inspection by any police officer or vehicle inspector who may demand an inspection of the certificate.

   (2) Any person who fails to comply with any of the requirements of subsection (1) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

14.   Identification marks

   (1) If the identification marks or any of them required to be fixed on a motor vehicle or a trailer in pursuance of this Part are not fixed, or if being so fixed, any of them are in any way obscured or rendered or allowed to become not easily distinguishable, the owner as well as the driver of the vehicle shall be severally guilty of an offence:

   Provided that–

   (a)   a person charged under this section with obscuring a mark or rendering or allowing it to become not easily distinguishable shall not be liable to be convicted on the charge if he proves to the satisfaction of the court that he took all steps reasonably practicable to prevent the marks from being obscured or rendered not easily distinguishable;

   (b)   should the marks be temporarily obscured or rendered not easily distinguishable through the action or default of the driver of the vehicle, the driver and not the owner shall be guilty of an offence.

   (2) No identification marks other than those prescribed under this Act or by or under any other written law shall be fixed to any motor vehicle or trailer.

   (3) If any registered motor vehicle or trailer is broken up or destroyed, the registered owner shall, within thirty days of such occurrence, notify such fact in writing to the Registrar with whom the vehicle is registered and shall return the registration certificate relating to the vehicle to the Registrar.

   (4) If any registered motor vehicle or trailer is being sent permanently out of Tanzania the registered owner shall, prior to such happening, notify the Registrar with whom the vehicle is registered and shall return the registration certificate relating to the vehicle to the Registrar.

   (5) Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

15.   Presumption of ownership

   The person in whose name a motor vehicle or trailer is registered shall, unless the contrary is proved, be presumed to be the owner of the vehicle.

16.   Notice of change of ownership

   (1) Within seven days after the sale or other disposition of any kind whatsoever of any registered motor vehicle or trailer the person selling or otherwise disposing of it shall–

   (a)   notify the Registrar, in the prescribed form accompanied by the prescribed fee, of the sale or disposition, the name and address of the new owner, the mileage recorded on the mileage recorder (if any) of the motor vehicle and of such further particulars as may be prescribed; and

   (b)   deliver the registration certificate of the vehicle to the Registrar.

   (2) Subsection (1) of this section shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the motor vehicle or trailer, as the case may be.

   (3) Where a motor vehicle or trailer which is subject to a hire purchase agreement is lawfully repossessed under the terms of that agreement, the provisions of subsection (1) shall apply as if the registered owner had sold or otherwise disposed of the motor vehicle or trailer to the person entitled to repossess it:

   Provided that in any such case subsection (1) shall apply as if references therein to the seller were references to the person so repossessing the vehicle.

   (4) The Registrar shall, in registering the change of ownership of a motor vehicle or trailer, make an entry thereof in the appropriate register and shall amend the certificate of registration accordingly or issue a new certificate of registration and deliver the amended certificate or the new certificate, as the case may be, to the new registered owner of the motor vehicle or trailer.

17.   Exemption from registration, licensing, etc.

   The Minister may, by order published in the Gazette, provide for the exemption, either wholly or partially, and either conditionally or unconditionally, of persons or of their motor vehicles or trailers or of any class of persons or of motor vehicles or trailers, from all or any of the requirements of this Part or of the regulations.

18.   Offences and penalties

   Any person who–

   (a)   uses or permits to be used a vehicle required to be registered under this Part without the identification marks assigned thereto affixed thereon in the manner prescribed;

   (b)   affixes on any vehicle required to be registered under this Part identification marks not assigned to that vehicle or fixes the identification marks so assigned in a manner other than the manner prescribed; or

   (c)   gives false information or makes an incorrect statement–

      (i)   when effecting or changing the registration of a motor vehicle or trailer; or

      (ii)   when applying for a certificate of registration or duplicate of a certificate of registration in respect of any vehicle; or

      (iii)   to the Registrar or a prospective buyer, as to the mileage recorded on the mileage recorder (if any) of a motor vehicle; or

      (iv)   when effecting the change of ownership of a motor vehicle or trailer; or

      (v)   when applying for a dealer's vehicle licence; or

   (d)   alters the mileage recorder (if any) on a motor vehicle so as to reduce the mileage recorded; or

   (e)   obtains, uses or permits to be used dealer's identification marks otherwise than in accordance with the provisions of this Part or of regulations made in that behalf; or

   (f)   fails to surrender his certificate of registration for alteration, cancellation or inspection when required so to do by the Registrar or a police officer; or

   (g)   fails to comply with the provisions of subsection (1) of section 16,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding two years or to both such fine and imprisonment.

PART III
DRIVING LICENCES (ss 19-38)

19.   Driving without a valid driving licence prohibited

   (1) No person shall drive any class of motor vehicle on a road unless he is the holder of a valid driving licence or a valid learner driver's licence issued to him in respect of such class of motor vehicle.

   (2) No person who owns or who has charge of a motor vehicle or trailer of any category shall allow or permit any person to drive such motor vehicle unless such persons is the holder of a valid driving licence or a valid learner driver's licence issued to him in respect of that class of motor vehicle or trailer.

20.   Classification of motor vehicles, etc., for driving licences

   (1) For the purpose of issuing driving licences, motor vehicles shall be classified in such manner as may be prescribed.

   (2) Regulations may provide that a person licensed to drive any one class of motor vehicles shall be entitled to drive any of the other classes of motor vehicles and may also provide that before a person applies for a licence to drive any specified class of motor vehicles he shall be required to hold a valid driving licence in respect of any other class of motor vehicles.

21.   Learner drivers' licences Act No. 16 of 1996 s. 3">

   (1) The Registrar may, upon the application of a learner driver in the prescribed form accompanied by the prescribed fee and, in the case of an application for a licence to drive a motor vehicle other than a motor-cycle, upon being satisfied that he has attained the prescribed age and has made arrangements for receiving instructions in driving from a driving school or a certified driving instructor, issue the applicant with a learner driving licence in the prescribed form authorising him to drive while under the personal supervision of his instructor; but a motorcycle may be driven solo.

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