Section 2: Interpretation

2. Interpretation In this Act— “actual owner”, in relation to a vehicle, means the person who, under the civil law, is its owner; “Agreed Statement of Facts Form” means the form specified in section 68B (1) (a); “articulated vehicle” means a vehicle with a trailer so attached to the drawing vehicle that part of the trailer is superimposed upon the drawing vehicle and, when the trailer is uniformly loaded, not less than 20 per cent of the weight of its load is borne by the drawing vehicle; “authorised examiner” means a person licensed by the Commissioner to operate an examination station for the examination of motor vehicles and trailers; “authorised officer” means any officer who is designated, in writing, by the Commissioner to exercise such powers and discharge such duties as may be assigned by the Commissioner; “authorised vehicle”, in relation to any carrier’s licence issued under Part VI, means the motor vehicle and any trailer authorised to be used under the licence; “Authority” means the National Transport Authority established under section 73; “autocycle” has the meaning assigned to it in section 4; R27 – 5 [Issue 9] Road Traffic Act “axle weight”, in relation to an axle of a vehicle, means the aggregate weight transmitted to the surface of the road or other base on which the vehicle moves or rests by the several wheels attached to that axle; “base” means the place from which the holder of a licence is permitted to carry on his business; “breath test” means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Minister, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit; “bus” has the meaning assigned to it in section 75; “carriage of goods” includes the haulage of goods; “carriageway”— (a) means that part of a road designed for and constructed to be used by vehicular traffic or used or reasonably usable for that purpose; but (b) does not include a cycle track; “certificate of fitness” means a certificate of fitness issued under section 114; “Chief Examiner” means the person appointed under this Act to be in charge of all vehicle examiners; “classic or vintage motor car” means a motor car which has been registered before 1 January 1970; “Commissioner” means the Road Transport Commissioner appointed under section 3; “Commissioner of Police” includes any police officer not below the rank of Assistant Superintendent authorised by the Commissioner of Police, in writing, to exercise the powers vested by this Act in the Commissioner of Police; “Committee” means the Motor Vehicle Insurance Arbitration Committee established under section 68F; “conductor” means any person who— (a) holds a valid conductor’s licence issued by the Authority; and (b) holds, or is employed by the holder of, a road service licence; “contract bus” has the meaning assigned to it in section 75; “Cumulative Road Traffic Convictions Certificate” means the certificate set out in the Ninth Schedule; “current registration mark” means a registration mark assigned as from 10 April 1992 by the Commissioner; [Issue 9] R27 – 6 Revised Laws of Mauritius “cycle”— (a) includes a bicycle, tricycle and other cycle not driven by mechanical power; (b) does not include a perambulator or an invalid chair; “cycle track” means a portion of a road, exclusive of the carriageway, set aside for use solely by persons riding cycles; “dangerous driving” means— (a) driving in a way e set out in the Ninth Schedule; “current registration mark” means a registration mark assigned as from 10 April 1992 by the Commissioner; [Issue 9] R27 – 6 Revised Laws of Mauritius “cycle”— (a) includes a bicycle, tricycle and other cycle not driven by mechanical power; (b) does not include a perambulator or an invalid chair; “cycle track” means a portion of a road, exclusive of the carriageway, set aside for use solely by persons riding cycles; “dangerous driving” means— (a) driving in a way that falls far below what is expected of a competent and careful driver; or (b) driving a motor vehicle in a dangerous state, such that there is a danger of injury to a person or of serious damage to property; “dealer” means a dealer in motor vehicles; “diameter”, in relation to the wheel of a motor vehicle or trailer, means the overall distance measured between the 2 opposite points in the surface of a tyre which are furthest apart; “double cab pickup” means a motor vehicle which has— (a) a front passenger cabin which contains 2 rows of seats and is capable of seating a maximum of 4 persons excluding the driver; (b) at least 2 doors capable of being opened separately; and (c) an open pickup area behind the passenger cabin; “driver” means— (a) in respect of a vehicle, the person having control of its steering apparatus; (b) in respect of a trailer, the person driving the vehicle by which the trailer is being drawn; and (c) in respect of an animal drawn vehicle, the person driving the animal; “driving examiner” means a person appointed under this Act to examine any person applying for a driving licence; “driving licence”— (a) means a licence to drive a motor vehicle, granted under Part IV and comprising a licence card in the form set out in the Tenth Schedule; and (b) except in sections 41 to 45, includes a licence to drive a motor vehicle issued under any enactment relating to motor vehicles in Mauritius; “drug” means any substance which, when consumed, inhaled, applied to or injected within a person’s body, may influence the performance of a person to safely drive, and which includes, but is not limited to, an intoxicating drink; R27 – 7 [Issue 9] Road Traffic Act “dual purpose vehicle” means a vehicle, constructed or adapted for the carriage both of passengers and of goods or burden of any description, whose unladen weight does not exceed 2 tons, and which— (a) is so constructed or adapted that the driving power of the engine is, or by the appropriate use of the controls of the vehicle can be, transmitted to all the wheels of the vehicle; or (b) satisfies the following conditions as to construction— (i) the vehicle is permanently fitted with a rigid roof, with or without a sliding panel; (ii) the area of the vehicle to the rear of the driver’s seat is— (A) permanently fitted with at least one row of transverse seats (fixed or folding) for 2 or more passengers and those seats are properly sprung or cushioned and provided with upholstered backrests, attached either to the seats or to a side or the floor of the vehicle; and (B) lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 2 square feet on each side and not less than 120 square inches at the rear; and (iii) the distance between the rearmost part of the steering wheel and the backrests of the row of transverse seats satisfying the requirements specified in subparagraph (ii) (A) or, where there is more ed either to the seats or to a side or the floor of the vehicle; and (B) lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 2 square feet on each side and not less than 120 square inches at the rear; and (iii) the distance between the rearmost part of the steering wheel and the backrests of the row of transverse seats satisfying the requirements specified in subparagraph (ii) (A) or, where there is more than one row of seats, the distance between the rearmost part of the steering wheel and the backrests of the rearmost row is, when the seats are ready for use, not less than one third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle; “duty-paid value”, in respect of a motor vehicle or a trailer, means— (a) the value of the motor vehicle or trailer; and (b) any duty, excise duty or taxes payable on the motor vehicle or trailer; “electric motor vehicle” means a vehicle which is powered by an electric motor drawing current from— (a) rechargeable storage batteries, fuel cells, or other portable sources of electrical current; or (b) a non-electrical source of power designed to charge batteries and their components; “emergency vehicle” includes an ambulance, or a vehicle belonging to the Police or the Mauritius Fire and Rescue Service and displaying such intermittently flashing identification lamp as may be prescribed; [Issue 9] R27 – 8 Revised Laws of Mauritius “examination station” means an examination station approved by the Commissioner for the examination of motor vehicles and trailers; “fail” includes refuse; “fare”— (a) means the amount paid or payable for a passenger’s conveyance in a public service vehicle or for the hire of a whole passenger carrying public service vehicle; and (b) includes any sum paid or payable for the conveyance of luggage in excess of any free allowance and any other sum lawfully charged or chargeable by the owner of a public service vehicle or by his representative in connection with the conveyance of a passenger in that vehicle; “Fixed Penalty Notice” or “FPN” means a notice referred to in section 191; “footpath” means a portion of a road, exclusive of the carriageway, set aside for use solely by pedestrians; “full face protective helmet” means a protective helmet which covers the entire head, including the base of the skull, the ears, lower front part of the face and which is provided with vision fitted with a plastic face shield, at the level of the eyes and nose; “goods” includes burden of any description; “goods vehicle” has the meaning assigned to it in section 83; “gross weight” means the unladen weight of a motor vehicle or trailer, together with such weight of goods, passengers or both as the vehicle or trailer may be authorised to carry; “hard shoulder” means a paved surface contiguous to the left side of a carriageway; “heavy goods vehicle” means a heavy vehicle or a heavy trailer constructed or adapted for use for the carriage of goods; “heavy locomotive” has the meaning assigned to it in section 4; “heavy trailer” means a trailer of a gross weight of not less than 4,000 kilogrammes; “heavy vehicle” means a motor vehicle of a gross weight of not less than 4,000 kilogrammes; “hospital”— (a) means a State-controlled or private medical institution which provides medical or surgical treatment for in-patients or outpatients; and R27 – 9 [Issue 9] R vehicle or a heavy trailer constructed or adapted for use for the carriage of goods; “heavy locomotive” has the meaning assigned to it in section 4; “heavy trailer” means a trailer of a gross weight of not less than 4,000 kilogrammes; “heavy vehicle” means a motor vehicle of a gross weight of not less than 4,000 kilogrammes; “hospital”— (a) means a State-controlled or private medical institution which provides medical or surgical treatment for in-patients or outpatients; and R27 – 9 [Issue 9] Road Traffic Act (b) includes a health centre; “hybrid motor vehicle” means a motor vehicle which, for the purpose of its mechanical propulsion, has at least 2 different energy converters and 2 different on-vehicle energy storage systems; “hybrid electric vehicles” means an electric vehicle which, for the purpose of its mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy or power— (a) a consumable fuel; and (b) an electric energy or power storage device; “insurance vignette” means a vignette issued by an insurer certifying that a motor vehicle is covered by a policy of insurance or security in respect of third party risks; “international driving permit”— (a) means an International Driving Permit; and (b) includes a driving licence or permit issued by a competent foreign authority and made to have effect in Mauritius by virtue of regulations made under this Act; “intoxicating drink” means any substance which, when consumed into a person’s body, may influence the performance of a person to safely drive, and which includes, but is not limited to, alcohol; “invalid carriage” has the meaning assigned to it in section 4; “laden weight” means the net weight of a motor vehicle or trailer, together with the actual weight of goods or passengers or both carried by the vehicle or trailer; “leased vehicle” means a motor vehicle or trailer leased by an institution agréée for the purpose of article 2202-2 of the Code Civil Mauricien, and which is the holder of a leasing licence; “licensing officer” means a person designated by the Commissioner of Police to exercise the powers, and carry out the duties, of licensing officer under Parts IV and VIIIA; “light locomotive” has the meaning assigned to it in section 4; “light trailer” means a trailer with pneumatic tyres, the gross weight of which is not more than 1,000 kilogrammes; “lighting-up time” means the time from sunset to sunrise; “local authority” means a municipal city or town council; “MIPD” has the same meaning as in the Transcription and Mortgage Act; “Minister” means the Minister to whom responsibility for the subject of land transport and road traffic is assigned; [Issue 9] R27 – 10 Revised Laws of Mauritius “Minor Road Accident Report Form” means the form set out under in section 68C (1) (b); “motor car” has the meaning assigned to it in section 4; “motorcycle” has the meaning assigned to it in section 4; “motor tractor” has the meaning assigned to it in section 4; “motor vehicle” means a mechanically propelled vehicle intended for use, or capable of being used, on roads unless the vehicle has, by regulations, been excluded from this definition; “NTC” means the Corporation established under section 3 of the National Transport Corporation Act; “non-resident” means a person who is not ordinarily resident in Mauritius; “offence code” means the code specified in the third column of the Third Schedule; “old registration mark” means a registration mark assigned p motor vehicle” means a mechanically propelled vehicle intended for use, or capable of being used, on roads unless the vehicle has, by regulations, been excluded from this definition; “NTC” means the Corporation established under section 3 of the National Transport Corporation Act; “non-resident” means a person who is not ordinarily resident in Mauritius; “offence code” means the code specified in the third column of the Third Schedule; “old registration mark” means a registration mark assigned prior to 10 April 1992 by the Commissioner; “owner” means— (a) the person in whose name a vehicle is registered or, where that person is deceased or absent from Mauritius or that vehicle is not registered, the person in possession of the vehicle; and (b) in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, the person in possession of the vehicle under the agreement; “paid driver” means a person who drives a motor vehicle in return for a salary or other remuneration; “park”, in relation to a vehicle, means keep it, whether occupied or not, stationary for a period greater than is reasonably necessary for— (a) the taking up or setting down of passengers; or (b) the loading or unloading of goods; “PEDN” means a Photographic Enforcement Device Notice; “Permanent Secretary” means the Permanent Secretary of the Ministry; “personalised registration mark” means a registration mark, other than a current registration mark or an old registration mark, which is— (a) composed by the owner of the vehicle in such manner as may be prescribed; and (b) assigned by the Commissioner; “Photographic Enforcement Device Notice” or “PEDN” means a notice issued pursuant to section 195; R27 – 11 [Issue 9] Road Traffic Act “policy of insurance”, in relation to Part V, includes a covering note in the prescribed form; “prescribed limit” means, in relation to Part VIIIA— (a) 23 microgrammes of alcohol in 100 millilitres of breath; (b) 50 milligrammes of alcohol in 100 millilitres of blood; (c) 67 milligrammes of alcohol in 100 millilitres of urine; or (d) such proportion as may be prescribed; “provisional driving licence” means a provisional driving licence granted under section 44 (2); “public place” includes a public way or place, other than a building, to which the public is entitled or permitted to have access, with or without condition; “public service vehicle” means a motor vehicle used for carrying passengers for hire or reward; “RDDS” has the same meaning as in the Registration Duty Act; “registration fee” means the fee payable under this Act and includes any surcharge on the fee or any penalty imposed by this Act; “registration mark” means a registered number, or a registered letter and number, or registered letters and number or numbers assigned to a motor vehicle or trailer by the Commissioner; “rehabilitation course” means a course referred to in section 123AI; “road” means— (a) a public street, road, bridge and thoroughfare; (b) a place over which the public has a right of way for motor vehicles; (c) any other road to which the public is granted access; and (d) a road reserve not under cultivation or occupied by buildings; “Road Development Authority” means the Road Development Authority established under the Road Development Authority Act; “road transport inspector” means an officer appointed under section 3 (2) who is assigned in writing by the Commissioner to exercise the powers and duties of a road transport inspector; ace over which the public has a right of way for motor vehicles; (c) any other road to which the public is granted access; and (d) a road reserve not under cultivation or occupied by buildings; “Road Development Authority” means the Road Development Authority established under the Road Development Authority Act; “road transport inspector” means an officer appointed under section 3 (2) who is assigned in writing by the Commissioner to exercise the powers and duties of a road transport inspector; “stand” means a place at which a vehicle is authorised to stop for a longer time than is necessary for— (a) the taking up or setting down of passengers; or (b) the loading or unloading of goods; “stand regulator” means any person who— (a) holds a valid stand regulator’s licence issued by the Authority; and [Issue 9] R27 – 12 Revised Laws of Mauritius (b) is employed by the holder of a road service licence; “statutory attendant” means a person employed under section 147 for attending to a locomotive or a trailer; “stopping place” means a place at which a vehicle is authorised under this Act to stop for so long as is necessary for taking up or setting down passengers; “structure” includes— (a) a building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could in like manner cause an obstruction; and (b) an external alteration or addition to a structure; “taxi” has the meaning assigned to it in section 75; “ton” means a metric ton of 2200 pounds avoirdupois; “total piston displacement”, in relation to the engine of a motor vehicle, means— (a) where the engine has not been modified after manufacture and— (i) the total piston displacement has been specified by the manufacturer in cubic centimetres, the total piston displacement so specified; or (ii) the total piston displacement has been specified by the manufacturer in cubic inches, the total piston displacement so specified multiplied by 16.39; (b) where the engine has been modified after manufacture, the total piston displacement as determined by the Commissioner; and (c) in any other case, the total piston displacement as determined by the Commissioner; “traffic” includes vehicles, pedestrians, processions and bodies of troops, and all animals being ridden, driven or led; “traffic sign”— (a) means an object or device on a road, whether fixed or portable, for conveying warnings, information, requirements, restrictions, prohibitions of any description prescribed or authorised under this Act to traffic or a specified description of traffic; and (b) includes a line or mark on a road for conveying the warnings, information, requirements, restrictions or prohibitions; “traffic warden” means an officer appointed under section 3 (2) who is assigned, in writing, by the Commissioner to exercise the powers and duties of a traffic warden and to enforce any regulations made under section 190 (4) (n); R27 – 12 (1) [Issue 9] Road Traffic Act “trailer”— (a) means a vehicle which has no independent motive power of its own and which is drawn, or designed to be drawn, by a motor vehicle; and (b) does not include a sidecar attached to a motorcycle, and a farm implement that is not constructed or adapted for the conveyance of goods or burden of any description; “use” means use on a road; “vehicle” includes an engine, wagon, dray, cart, carriage, bicycle, or other means of carrying goods or persons by land, having 2 or more wheels, whether drawn or propelled by human, anima h has no independent motive power of its own and which is drawn, or designed to be drawn, by a motor vehicle; and (b) does not include a sidecar attached to a motorcycle, and a farm implement that is not constructed or adapted for the conveyance of goods or burden of any description; “use” means use on a road; “vehicle” includes an engine, wagon, dray, cart, carriage, bicycle, or other means of carrying goods or persons by land, having 2 or more wheels, whether drawn or propelled by human, animal, steam, electric or other power; “vehicle examiner” means an officer appointed under section 3 (2) who is assigned, in writing, by the Commissioner the exercise of the powers and duties of a vehicle examiner; “vehicle tester” means a qualified person employed by an authorised examiner to carry out examination of motor vehicles; “weight unladen” means the weight of a vehicle which— (a) includes the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road; but (b) excludes the weight of water, fuel or accumulators used for the purpose of the supply of power for the propulsion of the vehicle or of loose tools and loose equipment. [S. 2 amended by s. 3 of Act 23 of 1991 w.e.f. 6 July 1991; s. 3 of Act 30 of 1995 w.e.f. 2 December 1995; s. 30 (2) (a) of Act 6 of 1998 w.e.f. 21 July 1998; s. 3 of Act 38 of 1999 w.e.f. 1 December 2000; s. 3 of Act 46 of 2002 w.e.f. 1 August 2004; s. 3 of Act 9 of 2003 w.e.f. 1 September 2003; s. 5 (a) of Act 20 of 2003 w.e.f. 23 July 2003; s. 3 of Act 36 of 2003 w.e.f. 1 August 2004; s. 3 of Act 21 of 2011 w.e.f. 1 November 2011; s. 3 of Act 29 of 2008 w.e.f. 15 October 2009; s. 23 (a) of Act 27 of 2012 w.e.f. 22 December 2012; s. 4 of Act 17 of 2012 w.e.f. 10 May 2013; s. 21 (a) of Act 26 of 2013 w.e.f. 19 May 2014; s. 4 of Act 7 of 2015 w.e.f. 27 July 2015; s. 45 (a) of Act 9 of 2015 w.e.f. 2 July 2015; s. 3 of Act 19 of 2016 w.e.f. 3 November 2016.]