Section 190: Regulations

190. Regulations (1) The Minister may make such regulations as he thinks fit for the purposes of this Act. (2) Regulations made under subsection (1) may provide for the levying of fees and taking of charges. (3) Regulations made under subsection (1) may provide that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year. (4) In particular and without prejudice to the generality of the power under subsection (1), the Minister may make provision for— (a) anything which by this Act may or is to be prescribed; (b) prescribing the forms to be used; (c) the fees payable for licences and the various appeals, documents and services specified in this Act; (d) (i) the circumstances in which fees paid may be refunded either in whole or in part; (ii) the allocating of taxes and fees paid; and (iii) the rendering of accounts; (e) (i) the form of— (A) vehicle and motor vehicle licences; (B) driving licences and all other licences; (C) registration books; (D) certificates of all kinds; and (ii) the conditions attaching to the licences, books and certificates under subparagraph (i), and the conditions precedent to their issue and, where applicable, the periods of the validity of, and the manner of displaying, the certificates and licences; R27 – 145 [Issue 1] Road Traffic Act (f) measures to— (i) prevent a person holding illegally more than one licence, registration book or certificate; and (ii) facilitate the identification of the holders of the licence, registration book or certificate; (g) (i) regulating the particulars that are to be marked on vehicles, motor vehicles or trailers and the manner in which they are to be displayed or affixed; and (ii) prohibiting the display on a motor vehicle or trailer of any registration or distinguishing mark, other than that of the country in which the motor vehicle or trailer is registered and licensed; (h) prohibiting a practice which leads to obstruction of or damage to a road; (i) declaring a portion of a road to be a footpath or cycle track and regulating traffic on the footpath or cycle track; (j) regulating traffic on— (i) a road; or (ii) a ford, bridge, pontoon or culvert on a road; (k) (i) the rules of the road; (ii) the signals to be given by the drivers of vehicles; and (iii) the signals and traffic signs to be observed by drivers of vehicles and by pedestrians; (l) the establishment of pedestrian crossings on roads, and the precedence of vehicles and pedestrians with respect to— (i) the movement of traffic, including pedestrians at and in the vicinity of a crossing, including regulations prohibiting pedestrian traffic on the carriage way within 100 feet of a crossing; (ii) the indication of the limits of a crossing by marks on the roadway or otherwise; (iii) the erection of traffic signs in connection with, and in relation to crossings in the vicinity of, and at a distance from, a junction of roads; and (iv) traffic which is controlled by the Police, and by traffic signals and by different kinds of traffic signals, and which is not controlled; (m) the maximum speeds permitted for different classes of vehicles in or on different areas and roads; (n) (i) the parking of vehicles; (ii) the levy of any charges for parking; and (iii) the manner in which the charges may be levied; [Issue 1] R27 – 146 Revised Laws of Mauritius (o) the detention of a vehicle in respect of a contraven ction of roads; and (iv) traffic which is controlled by the Police, and by traffic signals and by different kinds of traffic signals, and which is not controlled; (m) the maximum speeds permitted for different classes of vehicles in or on different areas and roads; (n) (i) the parking of vehicles; (ii) the levy of any charges for parking; and (iii) the manner in which the charges may be levied; [Issue 1] R27 – 146 Revised Laws of Mauritius (o) the detention of a vehicle in respect of a contravention or suspected contravention of this Act; (p) prohibiting sound warnings— (i) on specified roads; or (ii) in specified areas or parts of roads either at all times or at specified times; (q) information to be furnished in relation to a vehicle; (r) (i) the construction and equipment of vehicles, motor vehicles and trailers and the conditions under which they may be used on roads; and (ii) the prohibition of emblems, mascots or other devices that are liable to a source of danger to any person on the road, or of distraction to the driver or to other road users; (s) the width, height, length and other dimensions of vehicles, motor vehicles and trailers, and of the loads carried by them; (t) (i) the gross weight of vehicles, motor vehicles and trailers, the maximum weight to be transmitted to the road or any specified area of the road by a vehicle, motor vehicle or trailer of any class or description, or by any part or parts of that vehicle or trailer in contact with the road; (ii) the methods by which the weights under subparagraph (i) are determined, and the conditions under which they may be required to be tested; (u) (i) the number of trailers which may be drawn by a vehicle and the towing of one vehicle by another; and (ii) prohibiting the operation of a vehicle which is being used to tow trailers where the combined length of the vehicle and trailers exceeds a prescribed limit; (v) the number of persons who may be carried on vehicles or trailers for the purpose of controlling or attending to them; (w) (i) regulating the number and kinds of lamps and reflectors that are to be carried on vehicles, motor vehicles, and trailers and the manner in which those lamps and reflectors are to be used; and (ii) prohibiting the use of such lamp or lighting device as may be specified; (x) (i) regulating and specifying the number and type of brakes; (ii) the affixing of efficient brakes; and (iii) ensuring that brakes, steering gear and other parts of a vehicle are maintained in proper working order; (y) (i) prohibiting the use of any cut out, fitting or other apparatus or device rendering it possible to open the exhaust of a motor vehicle; R27 – 147 [Issue 1] Road Traffic Act (ii) efficient silencers to minimise noise; (iii) prohibiting the unnecessary issue of smoke or fumes, and the unnecessary discharge of fuel, oil or lubricants; and (iv) prohibiting nuisance caused by the working of motor vehicles and the use on roads of motor vehicles or trailers which cause excessive noise due to defect, lack of repair, faulty adjustment or faulty packing of loads on those vehicles or trailers; (z) regulating— (i) the loading of vehicles, motor vehicles and trailers; and (ii) the securing of loads so that danger is not caused, or likely to be caused, by reason of the load or part of the load falling, or being liable to fall, from the vehicle or trailer; (za) prohibiting the use of a motor vehicle which is so constructed or loaded that manual signals given by the drive essive noise due to defect, lack of repair, faulty adjustment or faulty packing of loads on those vehicles or trailers; (z) regulating— (i) the loading of vehicles, motor vehicles and trailers; and (ii) the securing of loads so that danger is not caused, or likely to be caused, by reason of the load or part of the load falling, or being liable to fall, from the vehicle or trailer; (za) prohibiting the use of a motor vehicle which is so constructed or loaded that manual signals given by the driver cannot be readily seen from the rear of the vehicle by a person in line with the offside unless it is fitted with an apparatus to enable its driver efficiently to signal his intention to stop or change direction; (zb) prescribing the methods to be used and appliances to be fitted for signalling the approach of a motor vehicle, for enabling the driver of a motor vehicle to become aware of the approach of another motor vehicle from the rear, and for intimating the intended movement of a motor vehicle; securing that such appliances shall be efficient and kept in proper working order; (zc) providing for the examination, on the road or elsewhere, of motor vehicles, either generally or of such classes as may be specified, for the exemption of specified vehicles or classes of vehicles from the need to be examined and for the notification of the result of examinations; (zd) (i) those vehicles or motor vehicles that may be exempted from the need to be registered or licensed and under what conditions; (ii) the driving licences or permits issued outside Mauritius or the equivalents of those licences or permits that may be deemed to have effect within Mauritius as if issued under Part IV; and (iii) the conditions to which driving licences, permits or their equivalents may under subparagraphs (i) and (ii), be made or may be deemed to be subject in their application to Mauritius; (ze) the procedure to be adopted and the conditions to be observed in connection with— (i) the issue of international certificates for motor vehicles and international driving permits; and [Issue 1] R27 – 148 Revised Laws of Mauritius (ii) the use of those certificates and permits under subparagraph (i) issued elsewhere than in Mauritius; (zf) exempting vehicles, motor vehicles and trailers from compliance with the provisions of this Act relating to construction and equipment; (zg) (i) the construction and equipment of public service vehicles; and (ii) the circumstances in which and the conditions on which vehicles may be substituted for authorised vehicles, otherwise than in the case of breakdown or unforeseeable emergency; (zh) (i) the hours and conditions of service of the drivers of such classes of motor vehicles as may be specified; (ii) regulating the licensing of drivers of public service vehicles and of conductors in buses; and (iii) the badges to be worn by the drivers and conductors under subparagraph (ii); (zi) (i) the means of identifying public service vehicles authorised to be used under road service licences; and (ii) the period of validity of the means of identification under subparagraph (i), the particulars that they are to contain, the manner of their display, the fees to be charged for them, and their custody, production, return and cancellation on expiration, suspension or revocation; (zj) (i) the records that are to be kept; and (ii) the returns that are to be made by persons holding or applying for licences issued under Part VI or Part VII or subject to Part V sed under road service licences; and (ii) the period of validity of the means of identification under subparagraph (i), the particulars that they are to contain, the manner of their display, the fees to be charged for them, and their custody, production, return and cancellation on expiration, suspension or revocation; (zj) (i) the records that are to be kept; and (ii) the returns that are to be made by persons holding or applying for licences issued under Part VI or Part VII or subject to Part VIII; (zk) the manner in which— (i) indications for the grant, revocation or suspension of; and (ii) the variation of conditions of, road service licences are to be published; (zl) (i) the carriage of persons on motorcycles; and (ii) the shape, construction, quality and other particulars of protective helmets to be worn by persons on motorcycles and side cars; (zm) the classes of motor vehicles for which driving licences and provisional driving licences may be expressed to be valid; (zn) the licensing, control and inspection of driving schools and of instructors; R27 – 149 [Issue 1] Road Traffic Act (zo) the inspection of any premises, vehicles, equipment, records or any other place or thing used in connection with the teaching for— (i) gain of driving; and (ii) ensuring that the curriculum is suitable and that the instructors are competent; (zp) (i) the revocation of; and (ii) the variation of the conditions of and the making and hearing of appeals in respect of, instructor’s licences and driving school licences; (zq) any other provision that is deemed necessary for the proper licensing, control and inspection of the teaching, for gain, of driving and for ensuring that the conditions of any licence relating to the teaching are observed; (zr) (i) the removal from roads; and (ii) the moving from one position on a road to another position on that or any other road, of vehicles which have broken down, or which have been permitted to remain at rest on a road in contravention of any lawful prohibition or restriction, or in such a position or in such a condition or in such circumstances as to be likely to cause danger to other persons using the road, or as to cause obstruction to such persons or as to appear to have been abandoned; and (iii) the removal or movement of any loads carried in or on the vehicles under subparagraphs (i) and (ii); (iv) the disposal by sale or otherwise of any vehicle which is deemed to have been abandoned on a road; (v) the payment of fees by the owner of a vehicle in respect of the removal or moving of his vehicle or of any loads carried in it; and (vi) the recovery of any expenses reasonably incurred in the execution of any power given or duty imposed by the regulations; (zs) the use and registration of cycles and the payment of fees in respect of registration, and in particular— (i) the procedure to be followed by cycle owners for the registration of cycles; (ii) the manner in which cycles are to be registered; (iii) the form of registration certificates, the issue of certificates and of copies, in case of loss or destruction of the original, and the fees to be paid; [Issue 1] R27 – 150 Revised Laws of Mauritius (iv) the procedure for notifying a change of ownership of a cycle or for cancelling the registration of a cycle; (v) the plate or other distinguishing mark or design to be affixed to, or borne by, a cycle for the purpose of its identification, and the manner in which the plate or other mark or design is to be affixe stration certificates, the issue of certificates and of copies, in case of loss or destruction of the original, and the fees to be paid; [Issue 1] R27 – 150 Revised Laws of Mauritius (iv) the procedure for notifying a change of ownership of a cycle or for cancelling the registration of a cycle; (v) the plate or other distinguishing mark or design to be affixed to, or borne by, a cycle for the purpose of its identification, and the manner in which the plate or other mark or design is to be affixed to or borne by the cycle; (vi) the carriage of goods on cycles; and (vii) the prevention of the fraudulent use of an unregistered cycle; (zt) the exclusion of specified vehicles from the definition of “motor vehicle” in section 2; (zu) the amendment of— (i) the Schedules, other than the First and Third Schedules; (ii) the First and Third Schedules with the approval of the Minister to whom responsibility for the subject of finance is assigned; (zv) the form, manner and procedure of an appeal authorised under this Act. [S. 190 amended by s. 15 of Act 46 of 2002 w.e.f. 15 May 2003; s. 23 (g) of Act 27 of 2012 w.e.f. 22 December 2012.] PART XI – FIXED PENALTIES