CHAPTER 29:10

MUNICIPAL TRAFFIC LAWS ENFORCEMENT ACT

Acts 36/1961, 32/1969, 12/1973 (s. 270), 48/1976 (s. 82), 3/1979 (s. 121), 25/1983, 12/1986 (s. 14), 22/2001(s. 4).

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Application of Act.
4. Notice may be given in respect of certain offences.
5. Person to whom fixed penalty to be paid.
6. Application of sums received by way of fixed penalties.
7. Evidence of payment or non-payment of fixed penalty.
8. Particulars to be includedin notice.
9. Amount of fixed penalty and default penalty.
10. Penalty for interference with notice affixed to vehicle.
11. Rights under section 356 of Cap. 9:07 modified.

AN ACT to facilitate the enforcement and administration of the law relating to road traffic and to vehicles on roads by providing for the punishment without prosecution of certain offences under bylaws or regulations made by municipal councils; and to provide for other matters connected with or arising out of the foregoing.

[Date of commencement: 22nd December, 1961.]

• Short title

This Act may be cited as the Municipal Traffic Laws Enforcement Act [Chapter 29:10].

• Interpretation

In this Act—

“default penalty” means a default penalty prescribed in terms of paragraph (b) of section nine;

“fixed penalty” means a fixed penalty prescribed in terms of paragraph (a) of section nine;

“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“period of grace” means the period of four days following the giving of a notice in terms of subsection (1) of section four;

“proceedings” means any criminal proceedings in respect of the act or omission constituting the offence specified in the notice under subsection (1) of section four;

“revenue officer” means a revenue officer appointed under section 3 of the Stamp Duties Act [Chapter 23:09].

• Application of Act

This Act shall apply to any offence committed in respect of a vehicle, for which offence a fixed penalty has been prescribed in terms of section nine, being an offence created—

(a) by any by-law made by a municipal council under powers conferred upon it by any law for—

• preventing the obstruction by means of a vehicle of any road, footway or other public place; or
• regulating, supervising or controlling—
  1. parking garages and parking places and the use thereof;
  2. bus stops, bus stations, bus termini and loading or off-loading areas for buses and other vehicles and the use thereof;
  3. parking meters or other devices for the regulation or control of the parking of motor

vehicles;

or

• the prohibition or regulation of the parking of vehicles in any road or sanitary lane; or
• the prohibition or regulation of the use of any road by vehicles generally or by any particular class of vehicles for the purpose of controlling traffic; or

• by section 4 of the Foreign Representatives’ Parking Privileges Act [Chapter 3:02]; or
• by section 43 of the Road Traffic Act [Chapter 13:11] in respect of failing to conform to indications given by a traffic sign erected under that Act for controlling the matters referred to in subparagraphs (i) to (iv) of paragraph (a).

• Notice may be given in respect of certain offences
• Where an authorized officer finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed an offence to which this Act applies, such authorized officer may give him the prescribed notice in writing offering the opportunity of the discharge of any liability to conviction of that offence by payment in terms of this Act of the appropriate fixed penalty together with any default penalty that may have accrued by the date of payment.
• If a person to whom a notice in terms of subsection (1) has been given—
• pays the fixed penalty within four days of the date of the giving of the notice, no default penalty shall be payable;
• fails to pay the fixed penalty within the period of grace there shall, in addition to the fixed penalty, be payable such default penalty as may be prescribed: