Section 11: Failing to wear a seat belt whilst driving a motor vehicle

11. Failing to wear a seat belt whilst driving a motor vehicle (regulations 87 (1) (a) (i), (b) and 125 of the Road Traffic BELT01 (Construction and Use of Vehicles) Regulations 2010) [Third Sch. inserted by s. 20 of Act 17 of 2012 w.e.f. 10 May 2013; amended by GN 101 of 2013 w,e,f 10 May 2013; repealed and replaced by s. 20 of Act 7 of 2015 w.e.f. 27 July 2015.] R27 – 166 (1) [Issue 9] Road Traffic Act FOURTH SCHEDULE [Section 191] Offences Fine (Rs) Using a motor vehicle or trailer without a valid certificate of fitness – sections 114 (1) and 122 (a) 500 Using a motor vehicle for a purpose other than that for which it has been licensed – section 21 (3) 500 Using a motor vehicle as a bus, contract bus, taxi or contract car without a public service vehicle licence – section 76 (1) 500 Breach of condition attached to Public Service Vehicle Licence – sections 76 (5) and 163 500 Breach of condition attached to Road Service Licence – section 77 (3) 500 Admitting more passengers in public service vehicle – section 79 (2) 500 Touting – sections 82 and 163 200 Breach of condition attached to carrier’s licence – sections 87 (4) and 163 500 Breach of lane discipline on a dual carriageway section 123AM 1,000 Plying for hire at an unauthorised place – sections 103 (6) and 163 500 Acting as conductor of a public service vehicle without licence – section 108 300 Exceeding speed limit (by not more than 15 kilometres per hour) – section 124 and the Road Traffic (Speed) Regulations 2011 1,000 Exceeding speed limit (by more than 15 but not more than 25 kilometres per hour) – section 124 and the Road Traffic (Speed) Regulations 2011 1,500 Exceeding speed limit (by more than 25 kilometres per hour) – section 124 and the Road Traffic (Speed) Regulations 2011 2,500 Driving vehicle in dangerous condition – section 135 300 Failing to comply with traffic sign – Traffic Signs Regulations 1990 and sections 123AD and 163 2,000 Failing to wear securely prescribed protective helmet while riding a motorcycle or autocycle – section 123N (3) (a) and (5) 500 Motor Vehicle Licence not fixed up – regulation 15 of the Road Traffic Regulations 1954 and sections 137 and 163 200 Tariff of fares not fixed up in bus – regulation 27 of the Road Traffic Regulations 1954 and sections 137 and 163 200 Destination indicator not clearly affixed – regulation 29 of the Road Traffic Regulations 1954 and sections 137 and 163 200 Certificate of fitness of public service vehicle or goods vehicle not fixed up – regulations 36 (4) and (5) of the Road Traffic Regulations 1954 and section 163 200 No or insufficient warning sign at the rear of a goods vehicle or trailer – regulation 38 (3) of the Road Traffic Regulations 1954 and sections 137 and 163 500 [Issue 9] R27 – 166 (2) Revised Laws of Mauritius FOURTH SCHEDULE—continued Offences Fine (Rs) Allowing vehicle to cause obstruction on public road – regulation 40 (1) of the Road Traffic Regulations 1954 and section 163 500 Failing to give proper signal when about to turn – regulation 40 (8) of the Road Traffic Regulations 1954 and section 163 300 Driving on a public road designated and signposted for one way traffic in a direction other than that designated – regulation 40 (13) of the Road Traffic Regulations 1954 and section 163 500 Leaving engine on whilst motor vehicle is stationary – regulation 40 (16) of the Road Traffic Regulations 1954 and section 163 500 Unauthorised use of horn – regulation 40A (2) of the Road Traffic Regulations 19 l when about to turn – regulation 40 (8) of the Road Traffic Regulations 1954 and section 163 300 Driving on a public road designated and signposted for one way traffic in a direction other than that designated – regulation 40 (13) of the Road Traffic Regulations 1954 and section 163 500 Leaving engine on whilst motor vehicle is stationary – regulation 40 (16) of the Road Traffic Regulations 1954 and section 163 500 Unauthorised use of horn – regulation 40A (2) of the Road Traffic Regulations 1954 and section 163 200 Use of unauthorised horn – regulation 40A (3) of the Road Traffic Regulations 1954 and section 163 200 Inefficient hand brake – regulation 41 of the Road Traffic Regulations 1954 and sections 137 and 163 500 Using a motor vehicle on a road without head lamps, rear lamps and registration plate lamps kept lighted during hours of darkness – regulations 103 (1) (b) and 125 of the Road Traffic (Construction and Use of Vehicles) Regulations 2010 500 Inefficient silencer – regulation 45 of the Road Traffic Regulations 1954 and section 163 300 Permitting oil, grease, petrol or any other fluid from vehicle to drop on road – regulation 45A of the Road Traffic Regulations 1954 and section 163 500 Setting down or taking up passengers at a place other than a bus stop – regulation 47 (5) of the Road Traffic Regulations 1954 and section 163 500 Equipping bus with radio apparatus, cassette player or loud speaker – regulation 48 of the Road Traffic Regulations 1954 and section 163 200 Allowing door to remain open while vehicle is in motion – regulation 3 (ix) of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 200 Failing to carry in vehicle a fire extinguisher readily available for use – regulation 6 of the Road Traffic (Construction and Use of Goods Vehicles and Trailers) Regulations 1952 and section 163 300 Failing to issue ticket – regulation 3 of the Road Traffic (Control of Bus Ticket) Regulations 1953 and section 163 300 Failing to produce Public Service Vehicle Licence on demand – regulation 20 of the Road Traffic (Public Service Vehicles Road Service and Carrier’s Licences) Regulations 1964 and section 163 200 Failing to produce Carrier’s Licence on demand – regulation 26 of the Road Traffic (Public Service Vehicles, Road Service and Carrier’s Licences) Regulations 1964 and section 163 200 R27 – 166 (3) [Issue 9] Road Traffic Act FOURTH SCHEDULE—continued Offences Fine (Rs) Registration mark not in keeping with prescribed dimensions – regulation 7 (2) of the Road Traffic (Registration of Motor Vehicles and Trailers) Regulations 1963 and section 163 500 Registration mark at rear not illuminated – regulation 7 (6) of the Road Traffic (Registration of Motor Vehicles and Trailer) Regulations 1963 and sections 137 and 163 500 Using an unregistered motor vehicle or trailer on a road – sections 5 (1) and 163 500 Using a motor vehicle or trailer which has been prohibited for use by an authorised examiner or a vehicle examiner – section 122 (c) 500 Registration mark not easily distinguishable – sections 20 (1) and 163 500 Plying for hire outside bus stands or stopping places – sections 103 (2) and 163 500 Load insecurely fastened and falling, or liable to fall, from a vehicle, or projecting from the vehicle – regulations 4 (2) and 125 of the Road Traffic (Construction and Use of Vehicles) Regulations 2010 and section 123V (1) and 3 500 Stationing vehicle on a road without a light on betwe xaminer or a vehicle examiner – section 122 (c) 500 Registration mark not easily distinguishable – sections 20 (1) and 163 500 Plying for hire outside bus stands or stopping places – sections 103 (2) and 163 500 Load insecurely fastened and falling, or liable to fall, from a vehicle, or projecting from the vehicle – regulations 4 (2) and 125 of the Road Traffic (Construction and Use of Vehicles) Regulations 2010 and section 123V (1) and 3 500 Stationing vehicle on a road without a light on between sunset and sunrise – sections 144 and 163 500 Causing a vehicle to be used in contravention of the laden or axle weight – section 166 500 Carrying excess load in goods vehicle – regulation 35 (2) of the Road Traffic Regulations 1954 and section 163 500 Failing to carry wedge-shaped blocks in a goods vehicle – regulation 38 (2) of the Road Traffic Regulations 1954 and section 163 200 Negligently or wilfully preventing, hindering or interrupting traffic on the road – regulation 40 (3) of the Road Traffic Regulations 1954 and section 163 500 Failing to give signal when about to turn or stop – regulations 40 (8) of the Road Traffic Regulations 1954 and section 163 300 Failing to take precautions when coming out of a less important road onto a more important one – regulation 40 (10) of the Road Traffic Regulations 1954 and section 163 500 Failing to give way to traffic from the right when approaching a roundabout – regulation 40 (10a) (a) of the Road Traffic Regulations 1954 and section 163 500 continued on page R27 – 167 [Issue 9] R27 – 166 (4) Revised Laws of Mauritius FOURTH SCHEDULE—continued Offences Fine (Rs) Load projecting more than 3 inches beyond the external edges of the tyres of the wheels of motor vehicle or truck – regulation 43 of the Road Traffic Regulations 1954 and section 163 500 Failing to carry in a public service vehicle a fire extinguisher readily available for use – regulation 6 of Part I of the Road Traffic (Construction and Use of Motor Buses and Taxis) Regulations 1954 and section 163 300 Identification plate on a taxi car not in keeping with such a pattern as may be approved by the Authority – regulation 2 of the Road Traffic (Identification Signs on Taxis) Regulations 1965 and section 163 500 Using on a road a loaded vehicle exceeding 12 feet in height from the ground – regulation 3 (4) of Part II of the Road Traffic (Construction and Use of Goods Vehicles and Trailers) Regulations 1952 and section 163 300 Carrying persons on top of loaded vehicle exceeding 10 feet in height from the ground – regulation 3 (4) (b) of Part II of the Road Traffic (Construction and Use of Goods Vehicles and Trailers) Regulations 1952 and section 163 500 Failing to provide sitting accommodation or to carry tarpaulin in a goods vehicle – regulation 8 (1) and (2) of Part III of the Road Traffic (Construction and Use of Goods Vehicles and Trailers) Regulations 1952 and section 163 300 Failing to comply with conditions attached to a motor dealer’s vehicle licence and with other requirements – regulations 4, 8, 9, 10 and 12 of the Road Traffic (Motor Dealer’s Vehicle Licence) Regulations 1988 and section 163 500 Smoking in public service vehicle (bus) – regulation 5 of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 500 Refuelling in the course of a journey – regulation 8 of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 300 Failing, when licence and with other requirements – regulations 4, 8, 9, 10 and 12 of the Road Traffic (Motor Dealer’s Vehicle Licence) Regulations 1988 and section 163 500 Smoking in public service vehicle (bus) – regulation 5 of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 500 Refuelling in the course of a journey – regulation 8 of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 300 Failing, when acting as conductor or driver of a public service vehicle, to wear a badge in a conspicuous position – regulation 12A (2) of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 200 Failing to produce conductor’s or driver’s licence or badge on demand – regulation 12A (8) of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 200 Failing to allow free and uninterrupted passage to a pedestrian using a crossing – regulations 3 (b) and 10 of the Road Traffic (Pedestrian Crossings) Regulations 2002 500 Overtaking or passing a vehicle which has stopped at a pedestrian crossing – regulations 4 and 10 of the Road Traffic (Pedestrian Crossings) Regulations 2002 500 Failing to issue tickets in compliance with prescribed requirements – regulation 3 of the Road Traffic (Control of Bus Tickets) Regulations 1953 and section 163 500 R27 – 167 [Issue 5] Road Traffic Act FOURTH SCHEDULE—continued Offences Fine (Rs) Plying for hire at separate fares at another base or stand, or at or within 60 metres of a bus stopping place or at any stand appointed for any other class of public service vehicles or for goods vehicle – sections 103 (4) and 163 500 Breach of a condition attached to a petrol service station licence or a private petrol station licence – sections 163 and 166A (4) (a) (c) 500 Driving a vehicle, the unladen weight of which exceeds 2000 kilograms and failing to cover its rear axle casing found in between the rear wheels with a coat of white paint – regulation 38 (4) of the Road Traffic Regulations 1954 and section 163 200 Quitting motor vehicle without taking due precaution against its being set in motion – regulation 40 (1) of the Road Traffic Regulations 1954 and section 163 300 Causing motor vehicle to travel backwards for a greater distance or time than may be necessary for turning or other reasonable purpose – regulation 40 (2) of the Road Traffic Regulations 1954 and section 163 300 Failing to overtake traffic on the right – regulation 40 (4) of the Road Traffic Regulations 1954 and section 163 500 Failing to deflect beam of light – regulation 40 (11) (i) of the Road Traffic Regulations 1954 and section 163 300 Carrying more than one passenger at a time on a motorcycle or an autocycle – regulation 40 (19) (g) of the Road Traffic Regulations 1954 and section 163 500 Driving motorcycle whose engine capacity exceeds 50 cc without putting lights on – regulation 40 (20) of the Road Traffic Regulations 1954 and section 163 300 Driving a motor vehicle without horn – regulation 40A (1) of the Road Traffic Regulations 1954 and section 163 300 Admitting into the front seat of a motor vehicle, other than a motor bus, a child under the age of 10 – regulation 40C of the Road Traffic Regulations 1954 and section 163 300 Driving a motor vehicle having its windows and windscreens covered with plastic or other material, or made of tinted glass – regulation 42A (1) of (20) of the Road Traffic Regulations 1954 and section 163 300 Driving a motor vehicle without horn – regulation 40A (1) of the Road Traffic Regulations 1954 and section 163 300 Admitting into the front seat of a motor vehicle, other than a motor bus, a child under the age of 10 – regulation 40C of the Road Traffic Regulations 1954 and section 163 300 Driving a motor vehicle having its windows and windscreens covered with plastic or other material, or made of tinted glass – regulation 42A (1) of the Road Traffic Regulations 1954 and section 163 500 Failing to carry a pair of triangular reflectors in motor vehicle – regulation 44A (1) of the Road Traffic Regulations 1954 and section 163 300 Failing, in case of an accident, a breakdown or an emergency, to display triangular reflectors – regulation 44A (2) of the Road Traffic Regulations 1954 and section 163 500 Using a radio apparatus, cassette player, loud speaker or gramophone while travelling in a bus without the approval of the Authority – regulation 48 (2) of the Road Traffic Regulations 1954 and section 163 500 Overtaking bus whose driver has signalled his intention of moving out of a bus stopping place – regulation 48 (3) of the Road Traffic Regulations 1954 and section 163 300 Fitting or causing to be fitted any additional seat in motor vehicle without approval of Commissioner – regulation 48B of the Road Traffic Regulations 1954 and section 163 500 [Issue 5] R27 – 168 Revised Laws of Mauritius FOURTH SCHEDULE—continued Offences Fine (Rs) Failing to submit monthly return – regulations 2, 3 and 4 of the Public Service Vehicles (Returns and Records) Regulations 1984 and section 163 500 Smoking or carrying lighted pipe, cigar or cigarette in a public service vehicle in or on which a notice is exhibited that smoking is prohibited – regulations 4 (o) and 8 of the Road Traffic (Conduct of Passengers) Regulations 1967 500 Keeping a bus stationary at a bus stop for a longer period of time than is necessary for enabling a person to alight or to enter the bus – regulation 4 (2) (b) of the Road Traffic (Conductors and Drivers of Public Service Vehicles) Regulations 1954 and section 163 500 Load and tare not painted on vehicle – regulation 7 of Part III of the Road Traffic (Construction and Use of Goods Vehicles and Trailers) Regulations 1952 and section 163 300 Driving a motor vehicle which is not fitted with an efficient windscreen wiper – regulation 8 of the Road Traffic (Construction and Use of Motor Buses and Taxis) Regulations 1954 or regulation 8 of the Road Traffic (Construction and Use of Goods Vehicles and Trailers) Regulations 1952 and section 163 300 Driving a taxi without a valid certificate of registration – regulations 3 (1) and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 500 Failing to display certificate of registration as licensee or part-time driver in a visible manner inside the taxi – regulations 5 (1) and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 300 Failing to produce register of driver on demand – regulations 6 (1) and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 300 Failing to make appropriate entry in the register of driver of taxi – regulations 6 (2) and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 300 Displaying without authorisation upon or near the windscreen or any window of a taxi any word, letter, sign or label – regulations 10 and 13 of the Road Traffic (Control Regulations 1996 300 Failing to produce register of driver on demand – regulations 6 (1) and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 300 Failing to make appropriate entry in the register of driver of taxi – regulations 6 (2) and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 300 Displaying without authorisation upon or near the windscreen or any window of a taxi any word, letter, sign or label – regulations 10 and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 300 Failing to display licence number and base of operation on the front doors of a taxi – regulations 11 and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 500 Particulars and dimensions of licence number and base of operation of taxi not in conformity with regulations – regulations 11 and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 500 Driving, riding, stopping or parking vehicle on footpath or part thereof – regulation 3 (3) of the Road Traffic (Driving and Parking Directions) Order 1951 and section 163 500 Breach of motor dealer’s licence – regulations 4 (1) and 12 of the Road Traffic (Motor Dealer’s Vehicle Licence) Regulations 1988 500 Carrying unauthorised person in a motor vehicle used under a motor vehicle dealer’s licence – regulations 4 (2) and 12 of the Road Traffic (Motor Dealer’s Vehicle Licence) Regulations 1988 500 Failing to affix identification plates to the front and to the rear of a vehicle used under a motor dealer’s vehicle licence – regulations 4 (2) and 12 of the Road Traffic (Motor Dealer’s Vehicle Licence) Regulations 1988 500 R27 – 169 [Issue 5] Road Traffic Act FOURTH SCHEDULE—continued Offences Fine (Rs) Motor dealer’s identification plate of a motor vehicle not as approved by the Authority – regulations 8 and 12 of the Road Traffic (Motor Dealer’s Vehicle Licence) Regulations 1988 500 Driving, moving, stopping or remaining at rest on a central reservation – regulation 8 of the Road Traffic (Motorways) Regulations 1964 and section 163 500 Failing to apply for permission to remove an unlicensed vehicle from premises where it is kept to other premises – sections 22 and 163 500 Failing to wear seat belt when driving a motor vehicle – regulations 87 (1) (a) (i), (b) and 125 of the Road Traffic (Construction and Use of Vehicles) Regulations 2010 500 Driving a motor vehicle with a person riding on the front failing to wear a seat belt – regulations 6 and 9 of the Road Traffic (Seat Belts) Regulations 2002 300 Failing to communicate result of exhaust emission test to Commissioner within prescribed period – regulation 13 (2) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 16 2,000 Failing to issue, prior to delivery of a new or second hand imported vehicle to its owner, a certificate stating that the vehicle complies with the specified standard for exhaust and noise emissions – regulation 14 of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 2,000 Failing to submit vehicle to exhaust emission test – regulation 13 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 2,000 Failing to take his vehicle to a place specified by an authorised officer for an opacity test within the specified period of time – regulation 16 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 Failing to take his vehicle to a place of Vehicle Emissions) Regulations 2002 and section 163 2,000 Failing to submit vehicle to exhaust emission test – regulation 13 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 2,000 Failing to take his vehicle to a place specified by an authorised officer for an opacity test within the specified period of time – regulation 16 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 Failing to take his vehicle to a place specified by an authorised officer for a noise emission test within the specified period of time – regulation 18 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 Driving a motor vehicle, other than motorcycle or an autocycle on a road without an insurance vignette being affixed to and conspicuously displayed on the left corner of its windscreen – sections 57A (2) (b) and 163 2,000 Driving motorcycle or an autocycle, on a road without an insurance vignette being affixed to and conspicuously displayed, on the near side of its front seat – sections 57A (2) (a) and 163 2,000 Failing to affix on the centre of the roof or the roof-rack of the taxi a yellow sign bearing the word “Taxi” in black – regulations 9 (1) and 13 of the Road Traffic (Control of Taxi Operations) Regulations 1996 500 Failing to carry in his vehicle an Agreed Statement of Facts Form – section 68B (3) 300 Failing to produce driving licence or a photocopy thereof on request when driving a motor vehicle on a road – sections 46 (1) and 163 300 Failing to produce driving licence within 5 days at such police station as specified by driver on request – section 46 (3) 1,000 [Issue 5] R27 – 170 Revised Laws of Mauritius FOURTH SCHEDULE—continued Offences Fine (Rs) Failing to stop engine of or other machinery attached to or forming part of motor vehicle when vehicle is stationary – regulation 21 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 500 Failing to operate and maintain approved facility – regulation 15 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 5,000 Failing to have his equipment tested and calibrated – regulation 15 (2) (b) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 2,000 Refusing to allow the carrying out of an exhaust or noise emission test – regulation 19 (a) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 Removing, tampering, defacing or otherwise damaging a prohibition notice – regulation 20 (3) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 Taxi sign not complying with prescribed colours or dimensions – regulation 9 of the Road Traffic (Control of Taxi Operations) Regulations 1996 and section 163 500 Using a hand-held microphone or telephone handset whilst driving – section 123AE 1,500 Using a hand-held or hand-free microphone or telephone handset while driving a motor vehicle or riding a motor cycle – regulations 90 (1) and 125 of the Road Traffic (Construction and Use of Vehicles) Regulations 2010 1,500 Using a motor vehicle issued with a prohibition notice – regulation 20 (4) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 3,000 Using or causing or permitting to be used, a diesel-driven motor vehicle emitting smoke over opacity limit of 50 per cent – regulation 8 (2) of the Road Traffi ephone handset while driving a motor vehicle or riding a motor cycle – regulations 90 (1) and 125 of the Road Traffic (Construction and Use of Vehicles) Regulations 2010 1,500 Using a motor vehicle issued with a prohibition notice – regulation 20 (4) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 3,000 Using or causing or permitting to be used, a diesel-driven motor vehicle emitting smoke over opacity limit of 50 per cent – regulation 8 (2) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 2,000 Using or causing or permitting to be used, a motor vehicle not complying with the specified standard for noise emission – regulation 10 of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 Using or causing or permitting to be used, a motorcycle or an autocycle emitting carbon monoxide over 4.5 per cent by volume – regulation 8 (3) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 Using or causing or permitting to be used, a petrol-driven motor vehicle, other than motorcycle or an autocycle, not complying with the specified standard for exhaust emission – regulation 8 (1) of the Road Traffic (Control of Vehicle Emissions) Regulations 2002 and section 163 1,000 [Fourth Sch. added by Act 43 of 1992; amended by GN 110 of 1994; GN 158 of 2002; GN 213 of 2004 w.e.f. 1 February 2005; GN 137 of 2006 w.e.f. 1 October 2006; s. 21 of Act 17 of 2012 w.e.f. 10 May 2013; s. 21 of Act 7 of 2015 w.e.f. 27 July 2015.] R27 – 170 (1) [Issue 7] Road Traffic Act FIFTH SCHEDULE [Section 68B] PART A AGREED STATEMENT OF FACTS FORM If you are involved in a road accident ........... AGREED STATEMENT OF FACTS on motor vehicle accident What to do immediately after an accident • Switch on the warning lights and place the reflecting mangles at a reasonable distance from the rear of the vehicle. • If your damaged vehicle is likely to cause an obstruction on the road, remove your vehicle from the road to the nearest safe place only after you have clearly marked on the surface of the road the position of its wheels and registration mark with a yellow indelible marker or chalk. You do not have to wait for the police to do so. continued on page R27 – 171 [Issue 7] R27 – 170 (2) Revised Laws of Mauritius FIFTH SCHEDULE—continued When to use this form Fill in the form on the spot of the accident. All required details must be recorded. • DO NOT ADMIT LIABILITY. It is the insurers who will determine the respective liabilities of the drivers from the information recorded on the form. • The completed form (in 2 originals) must be signed by the drivers before leaving the scene of the accident. • Each driver must keep a copy of the completed and signed form. Changes to information recorded on the form will not be possible after signature. • Remit a copy of the completed and signed form to your insurer or agent as soon as possible as is reasonably practicable and in any case, not later than 5 days. When this form cannot be used This form should not be filled if— • The driver of the other vehicle does not agree with you on how the accident happened. • The driver appears to be under the influence of alcohol or drugs. • There are casualties (fatal, serious or slight injuries). • There is damage to structure and property other than the vehicles (e.g. traffic signs. guardrails, kerbs, boundary walls, gates, etc.). • A State-owned vehicle is involve icable and in any case, not later than 5 days. When this form cannot be used This form should not be filled if— • The driver of the other vehicle does not agree with you on how the accident happened. • The driver appears to be under the influence of alcohol or drugs. • There are casualties (fatal, serious or slight injuries). • There is damage to structure and property other than the vehicles (e.g. traffic signs. guardrails, kerbs, boundary walls, gates, etc.). • A State-owned vehicle is involved in the accident. • Any of the motor vehicles does not have an insurance vignette. • One of the drivers does not hold a valid driving licence. What to do in situations where this form cannot be used • Call immediately the police for assistance . . . . . . Always keep your calm and behave in a polite manner R27 – 171 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued [Issue 1] R27 – 172 tnedicca elcihev rotom no STCAF FO TNEMETATS DEERGA mrof siht ni gnillif erofeb faelrevo snoitcurtsni eht daer esaelP B ELCIHEV A ELCIHEV srettel KCOLB ni B elcihev fo revird yb detelpmoc eb ot secnatsmucriC tnadnettA srettel KCOLB ni A elcihev fo revird yb detelpmoc eb ot )kcolc ruoh 42( emiT tnedicca fo etaD sliated elciheV .B1 sliated elciheV - A1 .oN noitartsigeR ruoloc ,ekam ,epyT .oN noitartsigeR ruoloc ,ekam ,epyt ).cte ,snoitcnuj ,spohs ,sgnidliub cilbup ybraen ,eman daor esu( tnedicca fo noitacol tcaxE )yna fi( rekorB ro tnegA fo emaN ynapmoc ecnarusnI )yna fi( rekorB ro tnegA fo emaN ynapmoc ecnarusnI nalp eht nialpxe ot pleh ot sexob tnaveler eht ni )X( ssorc a tuP A elciheV A elciheV )ettengiv ecnarusni ot refeR( redloh ycilop derusnI )ettengiv ecnarusni ot refeR( redloh ycilop derusnI 1 ))eeddiissddaaoorr eehhtt ttaa(( ddeekkrraapp emaN tsriF emaN ylimaF emaN tsriF emaN ylimaF 2 )edisdaor eht ta( ecalp gnikrap a gnivael sserddA 3 )edisdaor eht ta( ecaps gnikrap a gniretne sserddA 4 kcart a ,sdnuorg etavirp ,krap rac a gniretne ro morf gnigreme .oN .leT 5 tuobadnuor a gniretne .oN .leT 6 tuobadnuor a ni gnitalucric litnu dilaV .oN yciloP 7 elif emas eht ni dna noitcerid emas eht ni gniog elihw eclihev rehto eht fo raer eht gnittih litnu dilaV .oN yciloP 8 enal tnereffid a ni tub noitcerid emas eht ni gniog 9 senal gnignahc )ecnecil gnivird ot refeR( sliated revirD - B2 )ecnecil gnivird ot refeR( sliated revirD - A2 01 gnikatrevo emaN tsriF emaN ylimaF emaN tsriF emaN ylimaF 11 thgir eht ot gninrut )sraey( egA xeS 21 tfel eht ot gninrut )sraey( egA xeS 31 gnisrever sserddA 41 eennaall cciiffffaarrtt eettiissooppppoo eehhtt nnii ggnniihhccaaoorrccnnee sserddA 51 ngis yaw evig gnivresbo ton .oN .leT .oN .leT deneppah tnedicca eht woh wohs ot hcteks noisilloC eht fo nalp eht gniward yb nigeB .tnedicca eht fo emit eht ta B dna A elcihev fo noitisop eht wohS eussI fo etaD .oN ecneciL gnivirD .sngis ciffart yna gnitacidni daor eussI fo etaD .oN ecneciL gnivirD eht erofeb tsuj gnivom erew B dna A selcihev hcihw ni noitcerid eht etacidni ot sworra esu nehT .tnedicca A elcihev ot egamad elbisiV - B4 tcapmi laitini fo tnioP - B3 A elcihev ot egamad elbisiV - A4 tcapmi laitini fo tnioP - A3 )s(egamad fo sliated eviG worra na htiw etacidnI )s(egamad fo sliated eviG worra na htiw etacidnI B elcihev fo revird yb tnedicca fo noitpircseD - B5 tnedicca eht ni devlovni elcihev yna fo regnessap a saw ssentiw eht fi xob tsa s l e eh s t s ) e (cid:2) n ( t k i c W iT A elcihev fo revird yb tnedicca fo noitpircseD - A5 .oN leT sserddA emaN 11 2 B elcihev fo revird fo eruta lcihev ot egamad elbisiV - B4 tcapmi laitini fo tnioP - B3 A elcihev ot egamad elbisiV - A4 tcapmi laitini fo tnioP - A3 )s(egamad fo sliated eviG worra na htiw etacidnI )s(egamad fo sliated eviG worra na htiw etacidnI B elcihev fo revird yb tnedicca fo noitpircseD - B5 tnedicca eht ni devlovni elcihev yna fo regnessap a saw ssentiw eht fi xob tsa s l e eh s t s ) e (cid:2) n ( t k i c W iT A elcihev fo revird yb tnedicca fo noitpircseD - A5 .oN leT sserddA emaN 11 2 B elcihev fo revird fo erutangiS - B6 A elcihev fo revird fo erutangiS - A6 .dengis evah uoy retfa noitamrofni dedrocer yna yfidom tonnac uoY snoitavresbO .dengis evah uoy retfa noitamrofni dedrocer yna yfidom tonnac uoY Revised Laws of Mauritius FIFTH SCHEDULE—continued PART B SCALES OF LIABILITIES GENERAL PRINCIPLES Elements taken into consideration Location of accidents The elements taken into consideration are These scales of liabilities are applicaonly those which appear in the practical ble to accidents occurring on all roads. situations in these scales of liabilities. Excluded elements Circumstances not specifically provided for in the scales of liabilities • Elements relating to speed, lighting Should this occur, the most suitable or overloading of the vehicles. case in the scales should be used. • Elements relating to signalling devices of vehicles, except in the situation provided in case 10. Admission of fact Admission of liability must not be • Specific regulations applying to taken into consideration. Only an adlanes reserved for certain types of mission of fact relating to one of the vehicles. elements provided in the scales of liabilities shall be considered. NOTE:— • The conditions under which each case applies are specified or commented in each case. • "Changing file" includes the movement of a vehicle to the right or to the left of another vehicle. R27 – 173 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued • Trafficinasinglefileinvolvinganimpactattherearof singlefilecannotbeinferredbythepointofimpact: A.ThepointofimpactattherearofAisaprecondition suchreferenceshouldbemadebyusingotherevifortheapplicationofcase 01. dence(eg.Observations,sketches,etc....). Vehiclesarconsideredtobeinthe Intheabsenceofsuchevidence,thetrafficisdeemed samefileevenifpartiallyoffset. tobemovingintwofiles.Cases02,03and04are AandB thenapplicable. moving • Theimpactattherearofavehicle insingle doesnot,however,establishthat • Overtakingisinconsistentwithtrafficmovingina ortwo thetrafficwasinsinglefileasthe singlefile. file impactmayhavebeentheresult ofachangeoffilebythevehicle • Apointofimpactonthesideofavehicle,even hitattherear. whenitisbehindtherearwheel,issufficientev idenceoftrafficmovingintwofiles,notwithstandInthecaseofdisputebythedriverofB,trafficalonga inganythingtothecontrary. VehiclesAandBaremovinginsinglefile andoneofthemishitattherear VehiclesAandBaremovinginthesamedirection DEGREE OF RESPONSIBILITY: 0% 100% This case applied when the front part of B knocks against the rear part of A. It also applies in the following cases: • Sideimpactof BagainsttherearpartofA(E.g.skiddingormanoeuvreofB) • Aturnstotherightorleftinasideroad. • Aentersaparkingbayorzoneontherightorleftoftheroad,takestotherightorleft intoaparkingarea.Aplacetowhichthepublicisnotgrantedaccessonuntarredroad. [Issue 1] R27 – 174 Revised Laws of Mauritius FIFTH SCHEDULE—continued VehiclesAandBaremovingin2files VehiclesAandBremainin OnlyvehicleB VehicleBchangesfileand theirrespectivefilesor Changesfile turnsrigh of A. It also applies in the following cases: • Sideimpactof BagainsttherearpartofA(E.g.skiddingormanoeuvreofB) • Aturnstotherightorleftinasideroad. • Aentersaparkingbayorzoneontherightorleftoftheroad,takestotherightorleft intoaparkingarea.Aplacetowhichthepublicisnotgrantedaccessonuntarredroad. [Issue 1] R27 – 174 Revised Laws of Mauritius FIFTH SCHEDULE—continued VehiclesAandBaremovingin2files VehiclesAandBremainin OnlyvehicleB VehicleBchangesfileand theirrespectivefilesor Changesfile turnsrightintoasideroad vehiclesAandBchangefiles VehicleAisenroachingon thecentreline DEGREE OF RESPONSIBILITY: 50% 50% This case applies if A and B are moving in 2 files: • whenthereisnoevidencethatBchangesfile,or • whenitisprovedthatbothAandBchangefiles R27 – 175 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued DEGREE OF RESPONSIBILITY: 0% 100% This Case applies when A and B are moving in 2 files and B changes file: • Bchangesfiletoenteraplaceotherthanasideroad. • Bturnstotherighttoenterasideroad,cutting-ininfrontofA • Bturnstothelefttoenterasideroadandout-ininfrontofAprovideditisprovedthatA – doesnotencroachonordoesnotcrossthecentreline,or – movesunderthesameconditionsasprovidedforin case 05 • Bishitattherearwhilechangingfileantheinitialmovementofbothvehiclesina singlefileisnotestablished. DEGREE OF RESPONSIBILITY: 0% 100% These cases apply when A and B are moving in 2 files and B changes file or turns right to enter a parallel lane or side road: IfAshowsthattherewasnoenroachmentonorcrossingoverofthecentreline,case 03isapplicableagainstB EXCEPTION:Iftheroadisaone-waycase 03isapplicableagainstB [Issue 1] R27 – 176 Revised Laws of Mauritius FIFTH SCHEDULE—continued R27 – 177 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued DEGREE OF RESPONSIBILITY: 0% 100% This Case applies in case of an encroachment on the centreline by B: It also applies against B when the position of right flank coincides with the centreline. Centrelinemeans: • Thecontinuousorbrokenwhiteline. • Intheabsenceofawhiteline,themiddleoftheroad,or,ofthatpartoftheroadleft opentotrafficbyalineofparkedvehiclesorbyroadworks. • Intheabsenceofacontinuouswhiteline,thecentrelineoftheroad,eveniffor exampleasteptotheentranceofpremisesoracontainerencroachesontheroad. Definition • Incaseofa3-laneroadwhichhasnocontinuousorbrokenwhiteline,themiddleof ofcentre thecentrallane. line Encroachmentshallbepresumedbythefollowing: Wherethevehicleiscarriedoffcourseorskids • The carrying off course or skidding of a vehicle to the right is evidence of encroachment. • Carryingoffcourseorskiddingispresumedtobetotherightuntilthecontraryis established. Explanatorynotes • Evidenceofencroachmentoverthecentrelinemayconsistofanundisputedwritten noteinsertedinthecolumn“Observations”oftheAgreedStatementofFactsForm (eg.Drivingontheright,keepingtotheright,stayingontheright,cuttingacross, takeabendtotherightorfartotheright,drivingorstayinginthemiddleoftheroad, skidding,crossingthecentreoftheroad,losingcontrol,goingstraightaheadataleft bend,beingcarriedoffcourse). • Butanotesuchas“toforceone’swaythroughorovertake”isnotsuchevidence. Evidenceofnon-encroachmentofoneofthe2vehicles: • Ifitisestablishedthatonevehicleisnotencroachingthentheotheroneisconsidered tobeencroaching. Evidenceofthismayconsistonanunchallengedentryinsertedinthecolumn “observations”oftheAgreedStatementofFactsFormsorelsebymeansofan acceptablenotesuchas:“drivingontheleft,keepingtotheleft,stayingontheleft, drivingnormally,movingorfollowone’sfileorlane”. Byasketc t bend,beingcarriedoffcourse). • Butanotesuchas“toforceone’swaythroughorovertake”isnotsuchevidence. Evidenceofnon-encroachmentofoneofthe2vehicles: • Ifitisestablishedthatonevehicleisnotencroachingthentheotheroneisconsidered tobeencroaching. Evidenceofthismayconsistonanunchallengedentryinsertedinthecolumn “observations”oftheAgreedStatementofFactsFormsorelsebymeansofan acceptablenotesuchas:“drivingontheleft,keepingtotheleft,stayingontheleft, drivingnormally,movingorfollowone’sfileorlane”. Byasketch • Encroachmentcanalsobeestablishedbythepositionsofthevehiclesonasketch. • Whenonasketch,thepositionofleftflankofavehiclecoincideswiththeleftsideof theroadinitslineofmotion.Itmeansthatthevehiclewaskeepingtoitsleft(afortiori whenitsleftflankoverstepstheleftsideoftheroadinitslineofmotion). Bythepointofimpact • Encroachmentcanalsobeestablishedfromthelocationofthepointofimpactwhen itisshownthatthepointofimpactissituatedinanareasituatedentirelyinthelane ofA. [Issue 1] R27 – 178 Revised Laws of Mauritius FIFTH SCHEDULE—continued DEGREE OF RESPONSIBILITY: 0% 100% This Case applies: When it is established that A and B both encroach on the centreline, even if the point Specialsituations of impact occurs in the lane of either A or B. [(i)-(iv)] Or when the positions of A and B cannot be established with regard to the centreline. (i) Collisions when vehicles are moving in opposite directions or when one h as priority • WhenB cuts-in in front or prepares to cut-in in front of A to turn right, case 06 applies against B. • If it is established that A did not encroach on the centreline,case 06 applies againstB. • When a collision occurs at crossroads or at an intersection, and the vehicles are coming from different roads,case 07 (or 08) applies except where it is established that the directions in which the vehicles were moving neither cross nor meet each other. (ii) • If it is established that A turns right and that the direction in which B is moving is not known then case 07 applies against B, in the absence of any other available evidence. • If it is established that B turns left, case 06 or 07applies depending whether there is evidence or encroachment of A and/or B. Collisioninvolvingvhiclesinoppositedirectionsorinthesamedirection (iii) • IfitisestablishedthatAandBaremovinginoppositedirectionsandAturnsleft whileBturnsrighttoenterthesameroad,thencase05appliesagaintB. • Therulealsoapplieswhenthecollisionoccursbeyondanyroadjunction. (iv) Collisioninvolvingvehiclesinoppositedirectionswithadifferenceinpriority • IfAdoesnothavepriority(i.e.Amustgivewayorstop),andhasnotmovedforward untotheroadandishitbyB,thencase05appliesagainstB. R27 – 179 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued Cases 07 and 08 apply to collisions occurring at Ontheotherhand,ifthereisevidencethatthecollision crossroads or intersections. occursbeforethejunction,case05applies(thecollision ispresumedtohaveoccurredbeforethejunctionso A collision occurs in the crossroads area when it is longasthecollisionisloacatedbeforetheprolongation establishedthatthevehiclescomefromdifferentroads of the nearside of the road is in line of motion of A). andtheirdirectionsintersectormeeteventhoughthe impact occurs behond the junction. LEGEND Before the junction (case 05 or 08) Direction Within the juncion of B (case 07 or 08) At entrance or exit of junction (case 07 or 08) Direction of A VehicleA has priority VehicleA has right of way moves along a two-way street and encroaches over the centreline (provi llisionisloacatedbeforetheprolongation establishedthatthevehiclescomefromdifferentroads of the nearside of the road is in line of motion of A). andtheirdirectionsintersectormeeteventhoughthe impact occurs behond the junction. LEGEND Before the junction (case 05 or 08) Direction Within the juncion of B (case 07 or 08) At entrance or exit of junction (case 07 or 08) Direction of A VehicleA has priority VehicleA has right of way moves along a two-way street and encroaches over the centreline (provided that it is not a continuous line). VehicleB is presumed not to have encroached, but is moving in its lane. [Issue 1] R27 – 180 Revised Laws of Mauritius FIFTH SCHEDULE—continued DEGREE OF RESPONSIBILITY: 0% 100% ThiscaseapplieswhenAismovinginitslaneandhasrightofway DEGREE OF RESPONSIBILITY: 50% 50% This case applies when A having right of way, moves along a two-way street and encroaches over the centreline or oversteps it. If it is proved that both A and B encroach on the centreline,case 07 applies againstB. R27 – 181 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued Cases 09 and 10 apply to the following situations: • Thevehicleisstationaryforamomentinorderto that are stoped due to traffic conditions allowpersonstoembarkordisembark,ortheloading shouldnotbetakentobestationaryvehicles. or unloading of goods while the driver is at the steeringwheelorintheimmediatevicinitysothathe may movethevehiclewheneverthisisnecessary. Vehicle Aiseitherstationary orisparked: VehicleAiscorrectly VehicleAisnotcorrectly parked(orstationaryin parked(orstationaryin thecorrectway) thecorrectway) [Issue 1] R27 – 182 Revised Laws of Mauritius FIFTH SCHEDULE—continued DEGREE OF RESPONSIBILITY: 0% 100% The case applies when A is parked or stationary in the correct way It also applies when A and B are moving in 2 files and A has stopped without changing file. DEGREE OF RESPONSIBILITY: 50% 50% This case applies when A is not correctly parked or is not stationary in the correct way, that is: • Anywhere except in a space provided to that effect. • Otherwise than alongside a footpath, a pavement, a kerb or the correct border of the road as the case may be. Special rule • This case also applies when a vehicle is at rest on the road as a result of a previous accident and without any appropriate indication. R27 – 183 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued Prohibitions VehicleB does not comply with a traffic When vehicle B does not comply light signal either with a priority sign (“Give Way” or “Stop”) Or Priority to stage buses leaving a bus stop. VehicleB does not comply with either a police roadblock or an official order. An object or a person falls or has fallen from vehicle B (either an object being VehicleB does not comply with either a “No carried by, or an element of, vehicle B). Entry”, a “No Overtaking”, a “No Right Turn” or a “No Left Turn” sign. VehcleB is either reversing, or VehicleB does not comply with either performs a U turn or stops at an angle a continuous line, a road marking (eg. across The Road. directional arrows or zebra crossing), or moves on the footpath. VehicleB leaves a parking bay, emerging from a parking area, from a place to whick The public has no right of way, from an untarred road. Impact against the open door of vehicleB. [Issue 1] R27 – 184 Revised Laws of Mauritius FIFTH SCHEDULE—continued First Series: DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBIL ous line, a road marking (eg. across The Road. directional arrows or zebra crossing), or moves on the footpath. VehicleB leaves a parking bay, emerging from a parking area, from a place to whick The public has no right of way, from an untarred road. Impact against the open door of vehicleB. [Issue 1] R27 – 184 Revised Laws of Mauritius FIFTH SCHEDULE—continued First Series: DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% R27 – 185 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued Second Series: DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% DEGREE OF RESPONSIBILITY: 0% 100% [Issue 1] R27 – 186 Revised Laws of Mauritius FIFTH SCHEDULE—continued VehicleA and B negotiating or entering a roundabout: VehicleA and B negotiates a roundabout. VehicleA and B negotiates a roundabout. VehicleB is negotiating a roundabout and vehicle A enters the roundabout. VehicleB is negotiating a roundabout and vehicle A enters the roundabout R27 – 187 [Issue 1] Road Traffic Act FIFTH SCHEDULE—continued DEGREE OF RESPONSIBILITY: 0% 100% This case applies when the impact occurs on the front of vehicle B and on the rear of vehicle A DEGREE OF RESPONSIBILITY: 0% 100% This case aplies in all situations (other than case 13) whereA and B are already negotiating the roundabout. [Issue 1] R27 – 188 Revised Laws of Mauritius FIFTH SCHEDULE—continued [Fifth Sch. added by s. 6 of Act 36 of 2003 w.e.f. 1 August 2004.] R27 – 189 [Issue 3] Road Traffic Act SIXTH SCHEDULE [Section 68H] PROCEDURAL RULES OF THE MOTOR VEHICLE INSURANCE ARBITRATION COMMITTEE