GOVERNMENTGAZETTE OF THE

REPUBLIC OF NAMIBIA N$1.00 WINDHOEK-l May 1999 No. 2095

CONTENTS

Page

GOVERNMENT NOTICE

No. 78 Promulgation of Road TrafficAmendment Act, 1999 (Act No.4 of1999), of the Parliament .

Government Notice

OFFICE OF THE PRIME MINISTER

No. 78 1999

PROMULGATION OF ACT OF PARLIAMENT

The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No.4 of 1999: Road Traffic Amendment Act, 1999.

2 Government Gazette 1 May 1999 No. 2095

Act No.4, 1999 ROAD TRAFFIC AMENDMENT ACT, 1999

EXPLANATORY NOTE:

Words underlined with a solid line indicate insertions in existing provisions.

Words in bold type in square brackets indicate omissions from existing provisions.

ACT To amend the Road Traffic Ordinance, 1967, to make provision for evidential

breath analysis; to increase the motor vehicle licence fees, motor vehicle registration fee, motor vehicle dealer's licence fees and other miscellaneous fees; and to provide for incidental matters.

(Signed by the President on 15March 1999)

BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:-

1. The following section is hereby substituted for section 140 of the principal Ordinance:

"Driving while under the influence of intoxicating liquor or a drug having a narcotic effect, or with excessive amount of alcohol in blood or breath

140. (I) An erson who on a ublic road-

(a) drives a vehicle; or

(b) occupies the driver's seat of a motor vehicle of which the engine is running,

while under the influence of intoxicating liquor or a drug having a narcotic effect, shall be guilty of an offence and liable on conviction to a fine not exceeding N$8 000 or to imprisonment for a period not exceeding two years, or to both such fine and imprisonment.

(2) Any person who on a public road -

(a) drives a vehicle; or

(b) occupies the driver's seat of a motor vehicle of which the engine is running,

while the concentration of alcohol in any specimen of blood taken from any part of his or her body exceeds 0,079 grams per 100 millilitres, shall be guilty of an offence and liable on conviction to a fine not exceeding N$8 000 or to imprisonment for a period not exceeding two years, or to both such fine and imprisonment.

(3) Where in any prosecution for an offence under subsection (2), it is proved that the concentration of alcohol in any specimen of blood taken from any part of the body of the person concerned exceeded 0,079 grams per 100 millilitres at any time within two hours after the alleged offence, it shall be presumed, in the absence of evidence to the contrary, that such concentration exceeded 0,079 grams per 100 millilitres at the time of the alleged offence.

No. 2095 Government Gazette 1 May 1999 3

Act No.4, 1999 ROAD TRAFFIC AMENDMENT ACT, 1999

(4) Where in any prosecution under this section evidence is tendered 0 the analysis of a specimen of the blood of any person, it shall be presumed, in the absence of evidence to the contrary, that any syringe used for taking the specimen of blood and the receptacle in which such specimen was placed for despatch to an analyst, were free of any substance or contamination which could have affected the result of such analysis.

(5) Any person who on a public road -

(a) drives a vehicle; or

(b) occupies the driver's seat of a motor vehicle of which the engine is running,

while the concentration of alcohol in any specimen of breath exhaled by such person exceeds 0,37 milligrams per 1000 millilitres, shall be guilty ofan offence and liable on conviction to a fine not exceeding N$8 000 or to imprisonment for a period not exceeding two years, or to both such fine and imprisonment.

(6) If, in any prosecution for a contravention of subsection (5), it is proved that the concentration of alcohol in any specimen of breath of the person concerned exceeded 0,37 milligrams per I 000 millilitres of breath taken at any time within two hours after the alleged offence, it shall be presumed, in the absence of evidence to the contrary, that such concentration exceeded 0,37 milligrams per 1 000 millilitres at the time of the alleged offence.

(7) For the purposes of subsection (5), the concentration of alcohol in any breath specimen shall be ascertained by means of a device complying with the requirements of standard specification SABS 1793 : 1998 Evidential breath testing equipment.

(8) Any person detained for a contravention of any provision of this section shall not during his or her detention consume any substance containing alcohol, except on the instruction of , or when administered by, a medical practitioner.

(9) Any person who without reasonable excuse for health reasons fails to comply with a request made under this section by a traffic officer to provide a specimen of breath or to submit to the taking of a specimen of his or her blood, shall be guilty of an offence and liable on conviction to a fine not exceeding N$8 000 or to imprisonment for a period not exceeding two years, or to both such fine and imprisonment.".

Substitution of Schedule 2 to Ordinance 30 of 1967, as substituted by section 6 of Act 19 of 1997

2. The following Schedule is hereby substituted for Schedule 2 to the principal Ordinance:

4 Government Gazette 1 Ma~ 1999 No. 2095

Act No.4, 1999 ROAD TRAFFIC AMENDMENT ACT, 1999

" PART I

ANNUAL MOTOR VEHICLE LICENCE FEES AND MOTOR VEHICLE REGISTRATION FEE

l. Motor vehicle licence fees :

Type of vehicle Tare of vehicle Annua11icence in kilograms fee (N$)

(a) Motor cycles, tricycles and quadrucycles All 60,00

(b) Motor-cars and other self- propelled vehicles Up to and

including 750 84,00 751 - 1000 120,00

1 001 - 1 250 132,00 1 251 - 1 500 144,00 1 501 - 2 000 180,00 2 001 - 3 000 288,00 3001 - 4 000 552,00 4001 - 5 000 840,00 5 001 - 6 000 2028,00 6001 - 7000 2832,00 7001 - 8000 3612,00 8 001 - 9 000 4620,00 9 001 - 10000 5688,00

10 001 - 11 000 6924,00 11 001 - 12 000 8364,00 12001 - 12500 9744,00 12501 - 13 000 10 332,00 13 001 - 13 500 10908,00 13 501 - 14000 11496,00 14001 - 14500 12072,00 14501 - 15000 12648,00 15001 - 15 500 13 236,00 15501 - 16000 13 812,00 16001 - 165 00 14400,00 16501 - 17 000 14976,00 17 001 - 17500 15552,00 17 501 - 18 000 16140,00 18001 - 18500 16716,00 18501 - 19 000 17304,00 19 001 - 19500 17880,00 19501 - 20 000 18456,00

plus N$576,00 for every 500 kg or part thereof above 20 000 kg

(c) Trailers and semi- trailers (other than caravans) Up to and

including 1 000 60,00 1001 - 2 000 144,00

No. 2095 Government Gazette 1 May 1999 5

Act No.4, 1999 ROAD TRAFFIC AMENDMENT ACT, 1999

2001 - 3000 3001 - 4000 4001 - 5000 5001 - 6000 6001 - 7000 7001 - 8000 8001 - 9000 9001 -10 000 10 001 - 11000 11001 - 12000 12001 - 12500 12501 - 13 000 13 001 - 13 500 13 501 - 14000 14001 - 14500 14501 - 15000 15 001 - 15 500 15 501 - 16000 16001 - 16500 16501 - 17000 17001 - 17500 17 501 - 18 000 18001 - 18500 18501 - 19000 19001 - 19500 19501 - 20 000

(d) Caravans (other than self-pro- pelled caravans) All

(e) Motor vehicle dealer's licence fees Motor vehicle dealer's licence and one clearance certificate in respect of a motor vehicle, motor cycle, mo- tor tricycle or motor quadrucycle . For every additional clearance certificate .

2. Motor vehicle registration fee: For any class of motor vehicle .

PART II MISCELLANEOUS FEES

1. Certificate of temporary exemption (section 12(1» .

2. Temporary permit (section 14(1» .

Special permit (section 14(2» .3.

4. Transfer of motor vehicle licence (sections 27(3) and 28(2» :

252,00 1 128,00 1584,00 2280,00 2820,00 3504,00 4620,00 5 196,00 6000,00 6804,00 7284,00 7752,00 8232,00 8712,00 9180,00 9660,00

10 128,00 10608,00 11088,00 11 556,00 12036,00 12504,00 12984,00 13 464,00 13 932,00 14412,00

plus N$468,00 for every 500 kg or part thereof above 20 000 kg

72,00

2412,00 480,00

36,00

N$35,00

N$35,00

N$20,00

6 Government Gazette 1May 1999

Act No.4, 1999 ROAD TRAFFIC AMENDMENT ACT, 1999

(a) to motor cycle, motor tricycle or motor quadrucycle . (b) to other motor vehicle .

5. Examination for leamer's licence (section 62(3)(a)) .

6. Leamer's licence (section 63(2) .

7. Examination for certificate of competence (section 64(1)) :

(a) for motor cycle, motor tricycle, motor quadrucycle or tractor .

(b) for other motor vehicle .

8. Driver's licence (section 65(1)(c)) .

9. Examination for instructor's certificate (section 73(4)) .

10. Instructor's certificate (section 73(5) .

11. Examination for certificate of fitness (section 80(2)) .

12. Certificate of fitness (section 80(1)) .

13. Public driving permit (section 89(2)(a)) .

14. Examination for certificate of roadworthiness (section 160) :

(a) for motor cycle, motor tricycle or motor quadrucycle.. (b) for other motor vehicle .

15. Certificate of roadworthiness (section 160) .

16. Supply of information from register or record (section 173)

17. Duplicate document or token (section 177(1)) .

18. Motor trade numbers:

(a) application in respect of each motor trade number . (b) licensing of a motor trade number in respect of

any class of motor vehicle by a motor dealer, manufacturer, builder, importer or deposit taking institution .

Short title

No. 2095

N$ 20,00 N$ 25,00

N$ 25,00

N$ 20,00

N$ 75,00 N$ 85,00

N$ 35,00

N$100,00

N$ 20,00

N$ 70,00

N$ 20,00

N$ 35,00

N$ 30,00 N$ 70,00

N$ 20,00

N$ 15,00

N$ 20,00

N$ 25,00

N$780.00.".

3. This Act shall be called the Road TrafficAmendment Act, 1999.