Key Benefits:
97. Restrictions on pedestrians
(1) Whenever a sidewalk or footpath abuts on a road, a pedestrian shall not walk on such road except for the purpose of crossing from one side of such road to the other or for some other sufficient reason.
(2) A pedestrian on a road which has no sidewalk or footpath abutting on it shall walk as near as is practicable to the edge of the road on his right hand side so as to face on-coming traffic on such road.
(3) A pedestrian shall not cross a road without satisfying himself that the road is sufficiently free of on-coming traffic to permit him to do so in safety.
(4) A pedestrian, when crossing a road, shall not loiter thereon but shall proceed with due despatch.
(5) A pedestrian on a road shall not conduct himself in such a manner as to or as is likely to constitute a source of danger to himself or to other traffic which is or may be on such road.
The Minister may make regulations with respect to the precedence of vehicles and pedestrians respectively and generally with respect to the movement of traffic (including pedestrians) on roads, and at or in the vicinity of road crossings, including the establishment of special crossings for pedestrians, the traffic signs to be used on or near road crossings or pedestrian crossings, and such other matters as may be necessary or desirable in connection with such crossings.
99. Restrictions on animal-drawn vehicles on roads
(1) No person shall operate an animal-drawn vehicle on a road unless the vehicle and the harness and other equipment thereof are in an efficient and safe condition.
(2) The owner of an animal-drawn vehicle shall not cause or permit such vehicle to be used on a road by any person who is not competent to drive and control such vehicle.
(3) The driver of an animal-drawn vehicle on a road shall at all times give his undivided attention to the driving of the vehicle under his control and, if the vehicle is standing on a road, the driver shall not cease to retain control over every animal which is still harnessed to the vehicle unless some other person competent to do so takes charge of every such animal or every such animal is so fastened that it cannot move from the place where it has been left.
(4) The driver or other person in charge of a vehicle drawn by any animal shall not, on a road outside an urban area, permit such vehicle to follow any other vehicle similarly drawn at a distance of less than 150 metres reckoned from the foremost animal of such first-mentioned vehicle, except for the purpose of overtaking a vehicle travelling at a slower speed or when a vehicle travelling at a greater speed, having overtaken such vehicle, is drawing away from it.
(5) The owner, driver or person in charge of a vehicle drawn by animals, shall not allow an animal which is of materially defective vision to be used for drawing such vehicle on a road.
(6) No person shall drive or conduct any vehicle drawn by animals on a road without having reins to guide the animals, unless a person leads or drives the animals in such a manner as to have proper control over them.
(7) Any person who contravenes a provision of this section shall be guilty of an offence and liable to a fine not exceeding P1 000, or to imprisonment for a term not exceeding 12 months, or to both.
100. Offences in connection with roads
(1) No person shall on any road-
(a) wilfully or negligently lead or drive any animal or vehicle on a footpath or in a road drain;
(b) play any games to the annoyance, inconvenience or danger of persons using the road;
(c) wilfully obstruct the free passage of persons or vehicles passing along the road.
(2) No owner or person in charge of any cattle or other animals shall-
(a) permit such cattle or other animals to be on a main road unless they are attended by a person in such a manner as to have proper control over them;
(b) leave such cattle or other animals in a place from which they are likely to stray on to a main road,
and any person who contravenes any of the provisions of this subsection shall be guilty of an offence and shall be sentenced to a fine of not less than P2 000 but not more than P5 000, or to imprisonment for a term of not less than 15 months but not more than two years, or to both.
(3) Any person driving or conducting any cattle, dog or other animal along the carriageway of a main road shall keep it or them as close as possible to the edge of the carriageway on the left hand side, allowing on-coming traffic to pass on his right.
(4) No person shall, on a main road or a road proclaimed as a public road under the Public Roads Act-
(a) use a vehicle drawn by a team of more than 18 oxen or of more than six donkeys, mules or horses;
(b) use a vehicle drawn by a team of animals which are more than two abreast.
(5) The Minister may, by order, declare any road to be a main road for the purposes of this section.
101. Offences in connection with gates by which cattle might gain access to certain roads
(1) No person shall-
(a) open or unfasten a gate which gives access, either directly or indirectly, to a road habitually used by motor vehicles and by which cattle might gain access to the road, except for the purpose of then and there passing through the gate, with or without any vehicle or animals in his care, or of enabling some other person so to pass; or
(b) having passed through a gate such as is referred to in paragraph (a) or enabled some other person so to pass, fail immediately to close and securely fasten the gate or ensure that it is closed and securely fastened.
(2) Where, in any proceedings in respect of a contravention of any of the provisions of this section, it is alleged in the charge that a gate gave access to a road habitually used by motor vehicles and by which cattle might have gained access to the road, the court shall presume that the allegation is true unless the contrary is proved.
(3) Any person who contravenes a provision of this section shall be guilty of an offence and liable to a fine not exceeding P1 000, or to imprisonment for a term not exceeding 12 months, or to both.
102. Encroachment on and damage to roads
(1) Any person who, without the written permission of the appropriate road authority-
(a) encroaches on a road or on any land reserved therefor at the side or sides thereof by making or erecting any building, fence, ditch, advertisement sign or other obstacle or by digging thereon or by planting or sowing any tree, shrub or seeds thereon;
(b) leaves on a road any timber, stones or other material so as to obstruct or endanger persons using the road or wilfully or negligently deposits or causes or permits to be deposited upon a road or any land reserved therefor at the side or sides thereof any petrol or other liquid fuel or any oil, grease or other inflammable or offensive matter or any ashes, bottle, can, tin, carton, food remnants or other refuse or litter whatsoever;
(c) digs up, removes, alters or damages in any way the soil or surface of a road, or of any land reserved therefor at the side or sides thereof, or if done for the purpose of moving a vehicle without immediately thereafter making good the damage;
(d) wilfully fills up, alters or obstructs any ditch or drain, whether on a road or contiguous thereto, made by or under the control of the road authority to carry water off the road or to keep it from flowing on to the road;
(e) allows any sludge or any filthy or noisome matter to flow from any building or land in his occupation on to a road or into any ditch or drain made by, or under the control of, the road authority;
(f) causes or allows any timber, sledge, plough or other heavy material, vehicle or implement not wholly raised above the ground on wheels to be dragged on a road;
(g) pitches any tent, booth or stall on a road; or
(h) makes any fire on any road,
shall be guilty of an offence and shall be sentenced to a fine of not less than P500 but not more than P2 000 or to imprisonment for a term of not less than six months but not more than 15 months, or to both:
Provided that any person who has been unable to avoid creating an obstruction such as that referred to in subsection (1)(b) due to any reason beyond his control shall not be guilty of an offence if he takes the requisite steps to remove it as soon as possible and, if he cannot remove it immediately, to warn other road-users and the police of its presence.
(2) It shall be lawful for the road authority to remove anything whatsoever which has been placed or erected on a road or land reserved therefor in contravention of this section.
103. Prohibition on use of tracked vehicles
(1) No person shall use or cause or permit to be used on any road any vehicle having ribbed, studded or spiked wheels or fitted with crawler type metal tracks:
Provided that this subsection shall not apply-
(i) where such wheels or tracks are fitted with special rims or street plates which would ensure an even contact with the road surface;
(ii) in any case where the road authority has given permission in writing for the use of such a vehicle and such permission is carried on the vehicle to which it relates.
(2) No person shall use or cause or permit to be used on any road any vehicle not fitted with pneumatic tyres, except in the case of an ox-drawn vehicle being used on a road set aside for ox-drawn vehicles or on a road where no alternative road in a reasonably usable condition exists for ox-drawn vehicles.
(3) No person shall use or cause or permit to be used on any road which has a bituminous surface any vehicle the wheels of which are fitted with chains or any device of a similar kind which damage or are likely to damage the road surface.
(4) Any person who contravenes any of the provisions of this section shall be liable to a fine not exceeding P200.
104. Restriction with regard to use of bridge
It shall not be lawful for the driver or person in charge of a vehicle to drive or haul the vehicle or cause it to be driven or hauled over any bridge on or near which a conspicuous notice has been placed to the effect that such a bridge is insufficient to carry traffic in excess of a specified weight, unless the gross weight of such vehicle and any trailer attached thereto is less than the weight specified or unless he has obtained the consent in writing of the road authority.
105. Non-liability of road authority for damage
(1) A road authority shall not be liable for any loss or damage which may be caused to any person or property through the condition of a road or the failure of a road to sustain the weight of a vehicle.
(2) Nothing in this Act shall affect the right of the road authority or of any person to recover compensation from the owner or driver of any vehicle for any loss, damage or injury which may be sustained by the road authority or such person by the use of a vehicle.
(3) If any injury to a bridge or road or any traffic sign or other marker used on the bridge or road is caused through any contravention of this Act, it shall be lawful for the road authority to make good such injury and to recover the cost thereof from the person or persons responsible and the certificate of the road authority of the amount of the cost of making good such injury shall be conclusive evidence of the amount payable by such person or persons.
106. Requirements for certain public service vehicles
(1) No person shall drive a call-cab, taxi, mini-bus, midi-bus or any motor omnibus, used for hire or reward unless he is the holder of a valid PrDP "P" for that class of vehicle.
(2) No person shall drive a vehicle conveying goods for hire or reward or on own account unless he is the holder of a PrDP "G" or PrDP "H" for that class of vehicle.
(3) No person shall drive a school-bus unless he is the holder of a valid PrDP "P" for that class of vehicle and the sign "school-bus" is displayed in front and at the back of the vehicle.
(4) Any person who contravenes a provision of this section shall be guilty of an offence and shall be sentenced to a fine of not less than P2 000 but not more than P5 000, or to imprisonment for a term of not less than 15 months but not more than two years, or to both.
Any person who contravenes a provision of this Part for which no penalties are provided shall be guilty of an offence and shall be sentenced to a fine of not less than P500 but not more than P1 000, or to imprisonment for a term of not less than six months but not more than 12 months, or to both.
