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Traffic Act 2002

REPUBLIC OF KIRIBATI

TRAFFIC ACT 2002

ARRANGEMENT OF SECTIONS


Sections

PART I - PRELIMINARY

1. Short title
2. Commencement
3. Purpose
4. Interpretation

4A. Penalties
5. Application of Act - government vehicles
6. Licensing Authority

PART II - REGISTRATION OF MOTOR VEHICLES


7. Motor vehicles must be registered
8. Bicycles must be registered
9. Exemptions from registration requirements
10. Classes of vehicles
11. Application to register vehicle

12. Registration of vehicle
13. Registration label and number plates
14. Conditions of registration
15. Register of vehicles
16. Change of ownership
17. Use of number plates restricted
18. Defect notices

PART III - LICENSING OF DRIVERS


19. Driver licence required
20. Learner drivers and permits
21. Application for driver licence

22. Driver licence
23. Age requirement
24. Commercial licence
25. Bus licence
26. Licence for different class of vehicle
27. Register of driver licences
28. Replacement licences
29. Foreign driver licences

PART IV - ROAD RULES


30. Road Rules

PART V - OFFENCES

Division 1 - General Offences


31. Dangerous driving

32. Negligent driving
33. Careless driving
34. Breach of Road Rules
35. Making false statement in application or other document
36. Using vehicle for different purpose
37. Offences by bus operators
38. Offences by bus drivers

Division 2 - Driving under the influence of alcohol or another drug

39. Driving under the influence of alcohol or another drug
40. Alcohol level - breathalyser reading
41. Alcohol level - blood test
42. Other drugs
43. Evidence of offence if no breathalyser or blood test available
44. Breathalyser procedure
45. Blood test procedure
46. Certificate evidence

Division 3 - Traffic penalty notices


47. Offences for which penalty notice can be issued
48. Amounts of penalties
49. Issue of notice
50. Content of notice
51. Time for payment of penalty
52. Final notice when penalty not paid
53. Disputing liability under notice
54. Liability discharged
55. Prosecution instead of infringement notice

PART VI - MISCELLANEOUS


56. Suspension and cancellation of driver licence
57. Getting licence back
58. Police powers
59. Reporting an accident
60. Review of Authority’s decision
61. Regulations
62. Repeal and Transitional

Schedule - Road Rules

-----------------------------------

REPUBLIC OF KIRIBATI
(No. 16 of 2002)

I assent

(Sgd: Teburoro Tito)
Beretitenti
29/10/2002

AN ACT TO MAKE PROVISION FOR THE CONTROL OF TRAFFIC, THE REGISTRATION OF VEHICLES AND LICENSING OF DRIVERS; AND FOR CONNECTED PURPOSES.

Commencement:
2002


Made by the Maneaba in Maungatabu and assented to by the Beretitenti

PART I - PRELIMINARY


1 Short title

This Act may be cited as the Traffic Act 2002.

2 Commencement


This Act shall come into operation on such date as the Minister may by notice appoint.


3 Purpose

The purposes of this Act are:

(a) to provide a system of road rules to control road traffic; and

(b) to provide for the registration of motor vehicles; and

(c) to provide for the licensing of drivers of motor vehicles.


4 Interpretation


(1) In this Act, unless the context otherwise requires:-

"Authority" means:

(a) the Licensing Authority appointed by the Minister; and

(b) if the Minister has appointed a Licensing Authority for a particular area - that Authority.

"bicycle" includes a tricycle;

"bus" means an enclosed motor vehicle that regularly carries passengers for reward;

"bus operator" means a person who regularly carries passengers for reward in an enclosed motor vehicle;

"commercial motor vehicle" means:

(a) a motor vehicle (other than a bus) used to carry passengers or goods for hire or reward; or

(b) a vehicle used in trade or agriculture;

"Commissioner" means the Commissioner of Police;

"driver", for a motor vehicle, includes a person apparently in control of the vehicle;

"driver licence" means a licence to drive a motor vehicle issued under Part III;

"government vehicle" means a vehicle owned by:

(a) the government of Kiribati; or

(b) a local government council;

"motor bike" includes a tricycle;

"motor vehicle" means a vehicle propelled by any means other than human or animal power;

"owner", for a vehicle, includes a person who has possession of the vehicle under a hiring agreement or a hire purchase agreement;

"penalty notice" means a traffic penalty notice issued under section 49.

"road" means an area of land that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles, and includes:

(a) a bridge or causeway; and

(b) a laneway;

"Road Rules" means the Road Rules in the Schedule;

"serious traffic offence" means:

(a) an offence against section 31 (dangerous driving), 32 (negligent driving) or 38 (driving under the influence of alcohol or another drug) of this Act; or

(b) any other offence involving a motor vehicle leading to the death or injury of a person;

"trailer" means a vehicle other than a handcart that is designed to be drawn by a motor vehicle, but that is not an essential part of the vehicle; and

"vehicle" means any means of conveyance that runs on wheels or continuous tracks, other than:

(a) a vehicle designed to run only on a railway or tram track; and

(b) a wheelchair.


[Note: Words used in the Road Rules are defined at the beginning of those Rules.]

(2) A reference to this Act includes the Road Rules.

4A Penalties


(1) Except as far as the context otherwise requires, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of this Act as described in subsection (2) indicates:
(a) if the provision expressly creates an offence - that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or

(b) in any other case - that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.


(2) Subsection (1) applies to a penalty set out:

(a) at the foot of a section of this Act; or

(b) at the foot of a subsection of this Act, but not at the foot of the section containing the subsection; or

(c) at the foot of a paragraph of any Schedule to this Act; or

(d) at the foot of a subparagraph of any Schedule to this Act, but not at the foot of the paragraph containing the subparagraph.


(3) Subsection (1) applies to any instrument made under this Act (including rules, regulations or by-laws, if any, as if the instrument were this Act and as if each such rule, regulation or by-law were a section of this Act.

5 Application of Act - government vehicles


(1) This Act applies to government vehicles.


(2) This Act applies to people employed by the Kiribati Government or by a local government council.

(3) However, no fee is payable:

(a) to register a government vehicle; or

(b) for a driver licence for a person:

(i) who is employed by the Kiribati Government or a local government council; and

(ii) who is required to drive a motor vehicle as part of his or her employment.

6 Licensing Authority


(1) The Minister may appoint a person as the Licensing Authority.


(2) The Minister may appoint different Licensing Authorities for different areas of Kiribati.

(3) A Licensing Authority has the following functions:

(a) to register vehicles; and

(b) to issue driver licences; and

(c) to keep a Register of vehicles registered by the Authority; and

(d) to keep a list of driver licences issued by the Authority; and

(e) any other functions determined by the Minister in writing.

PART II - REGISTRATION OF MOTOR VEHICLES

7 Motor vehicles must be registered


(1) A person must not drive a motor vehicle on a road unless the vehicle is registered.

Penalty: A fine of not more than $200.

(2) A person must not drive a registered motor vehicle on a road unless the number plates for the vehicle are attached to the vehicle as required by section 13.

Penalty: A fine of not more than $200.

(3) The owner of a motor vehicle must not let another person drive the vehicle on a road unless:

(a) the vehicle is registered; and

(b) the number plates for the vehicle are attached to the vehicle as required by section 13.


Penalty: A fine of not more than $100.

(4) A motor vehicle whose registration is suspended under section 18(1) is not registered.

8 Bicycles must be registered


(1) A bicycle may be required to be registered by a Licensing Authority within its area of authority.

(2) Where a Licensing Authority has decided that a bicycle shall be registered within its area of authority, a person must not ride a bicycle on a road unless the bicycle is registered.


Penalty: A fine of not more than $50.

9 Exemptions from registration requirements


(1) In spite of section 7, a person may drive an unregistered motor vehicle on a road if:

(a) the person has a written permit from the Authority, or has been issued with a defect notice; and

(b) the person is driving the motor vehicle for one of the following purposes:

(i) to take the vehicle to an Authority for inspection or to register it; or

(ii) to take the vehicle to be repaired.

(2) In spite of section 8, a person may ride an unregistered bicycle if the person is riding it to an Authority to register it.

10 Classes of vehicles


For the purposes of this Act, motor vehicles are divided into the following classes:

(a) buses;

(b) commercial motor vehicles;

(c) private motor vehicles;

(d) motor cycles;

(e) trailers.

11 Application to register vehicle


(1) A person who wants to register a vehicle, or renew its registration, may apply to the Authority.

(2) The application must-

(a) be in writing; and

(b) state the class of vehicle; and

(c) have with it proof that the person applying owns the vehicle; and

(d) have with it the prescribed fee.

12 Registration of vehicle


(1) The Authority may register a vehicle if:

(a) the vehicle is mechanically sound; and

(b) in the case of a bus or a commercial motor vehicle - the vehicle will not be a source of danger if used for the purpose for which it is registered; and

(c) the owner pays the prescribed fee; and

(d) its exhaust system does not produce excessive fumes in the perception of the officer inspecting the vehicle.


(2) Before registering a motor vehicle, the Authority shall require the applicant to:

(a) produce the motor vehicle for inspection; or

(b) have the vehicle inspected by a qualified motor mechanic and produce a report on the vehicle from the mechanic.


(3) Registration remains in force for 6 months, or one year, from the date it was issued, unless it is cancelled by the Authority.

[Note: for cancellation of registration, see section 18.]

(4) Registration may be renewed in which case subsections (1), (2) and (3) shall apply.

13 Registration label and number plates


(1) When registering a motor vehicle the Authority must issue a registration label and 2 number plates showing the registration number of the vehicle.

(2) The registration label must show:

(a) the make and model of vehicle; and

(b) the registration number of the vehicle; and

(c) the date the registration expires.


(3) The owner must ensure that the registration label:

(a) is securely attached to the front left hand windscreen of the vehicle; and

(b) can be read by a person standing next to that side of the vehicle.


Penalty: A fine of not more than $100.

(4) The owner of the vehicle must ensure that the number plates are securely attached to the front and rear of the vehicle and kept clean and legible.


Penalty: A fine of not more than $100.

(5) If a number plate is lost, stolen or damaged so that it cannot be read, the owner of the vehicle may apply for a duplicate number plate.

(6) The application must:

(a) be in writing; and

(b) have with it the prescribed fee; and

(c) if the number plate is damaged - have with it the damaged number plate; and

(d) if the number plate is lost or stolen - have with it a [written statement/statutory declaration] explaining how the plate was lost or stolen.

(7) The Authority may issue replacement number plates for lost or stolen plates if the Authority is satisfied that the plates were lost or stolen.

14 Conditions of registration


(1) The Authority may impose conditions about the load a motor vehicle may carry, having regard to its design and the safety of the public.

(2) When registering a bus, the Authority may impose conditions about:

(a) the number of passengers that may be carried on the bus; and

(b) the way passengers are seated on the bus; and

(c) the construction of the seats in the bus; and

(d) any other matter that affects the safety of the passengers.


(3) A person must not use a vehicle in contravention of a condition imposed by the Authority.

Penalty: A fine of not more than $200.

15 Register of vehicles


The Authority must keep a Register containing the following information about each motor vehicle the Authority has registered:

(a) the owner’s name and address; and

(b) the class of vehicle; and

(c) the type, make and colour of the vehicle; and

(d) the engine number; and

(e) the registration number allotted to the vehicle.

16 Change of ownership


(1) If the owner of a registered motor vehicle sells the vehicle, he or she must, within 7 days of the sale, tell the Authority for the area the name and address of the new owner and the date of sale.

Penalty: A fine of not more than $50.

(2) If a person buys a motor vehicle, the person must, within 7 days of buying the vehicle, apply to register the vehicle and pay the prescribed fee.


Penalty: A fine of not more than $100.

(3) The Authority may issue a new registration certificate for the motor vehicle if:

(a) the vehicle is mechanically sound; and

(b) for a bus or a commercial motor vehicle - the vehicle will not be a source of danger if used for the purpose for which it is registered; and

(c) the new owner pays the prescribed fee; and

(d) its exhaust system does not produce excessive fumes in the perception of the officer inspecting the vehicle.

17 Use of number plates restricted


(1) The owner of a motor vehicle must not:

(a) use the number plates issued for his or her vehicle on another vehicle; or

(b) use number plates on his or her vehicle that were not issued for that vehicle.


Penalty: A fine of not more than $200.

(2) A person must not drive a motor vehicle that has on it number plates that were not issued for the vehicle.

Penalty: A fine of not more than $200.

18 Defect notices


(1) The Authority may at any time give the owner of a registered motor vehicle a defect notice if the authority is satisfied that the vehicle is not mechanically sound or it produces excessive fumes or may otherwise be a danger if it is used for the purpose for which it is registered.


(2) If:

(a) a registered motor vehicle is on a road or a public place; and

(b) a police officer has reasonable grounds for suspecting that the vehicle:

(i) is not mechanically sound; or

(ii) does not comply with a provision of this Act (for example, does not have number plates); or

(iii) may otherwise be a danger if used for the purpose for which it is registered;

the police officer may give the owner of the vehicle a defect notice.


(3) For subsection (2)(b), a vehicle is not mechanically sound if:

(a) it has defective brakes or bald tyres; or

(b) any of its headlights or tail lights do not work; or

(c) a major part of the body is missing; or

(d) it could otherwise be a cause of danger if driven; or

(e) it produces excessive fumes.


(4) A defect notice must:

(a) be in writing; and

(b) state why the vehicle is not mechanically sound or may be a danger; and

(c) for a defect notice given by the Authority - require the owner of the vehicle to have the vehicle inspected by a qualified motor mechanic and give the Authority the report from the mechanic; and

(d) for a defect notice given by a police officer - require the owner of the vehicle to fix the defect stated in the notice; and

(e) require the owner to produce the vehicle to the Authority or a police officer within the period (not less than 14 days) stated in the notice; and

(f) be signed by the Authority or the police officer.


(5) The police officer must give a copy of the notice to the Authority that registered the vehicle.

(6) The owner of the vehicle must comply with the defect notice.

Penalty: A fine of not more than $500.

(7) A person must not drive a motor vehicle for which a defect notice is in force except to take the vehicle to a mechanic for inspection or to be fixed.

Penalty: A fine of not more than $500.

(8) If the owner does not comply with the defect notice within the time stated in the notice, the Authority may:

(a) suspend the registration of the vehicle until the owner complies with the notice; and

(b) tell the owner in writing that the registration is suspended and the vehicle is not registered.


[Note: It is an offence to drive an unregistered motor vehicle - see section 7.]

PART III - LICENSING OF DRIVERS

19 Driver licence required


(1) A person must not drive a motor vehicle on a road unless the person holds a driver licence for that class of vehicle.

Penalty: A fine of not more than $500 or imprisonment for not more than 1 year, or both.

(2) A person must not let another person drive a motor vehicle on a road unless the other person holds a driver licence for that class of vehicle.

Penalty: A fine of not more than $200.

(3) Subsections (1) and (2) do not apply if:

(a) the person holds a learner permit for the class of vehicle; and

(b) for a vehicle other than a motor bike - a holder of a driver licence for the class of vehicle is sitting beside the learner driver.

20 Learner drivers and permits


(1) A person over the age of 16 may apply to the Authority for a learner permit.

(2) The application must:

(a) be in writing; and

(b) have with it the prescribed fee; and

(c) have with it sufficient information to clearly identify the person applying, and proof of the person’s age.


(3) A learner permit is subject to the following conditions:

(a) the learner is only entitled to drive a motor vehicle of the class stated in the permit;

(b) for a motor vehicle other than a motor bike - the learner must only drive the vehicle if a holder of a driver licence for the class of vehicle is sitting beside the learner; and

(c) any prescribed conditions;

(d) any other conditions imposed by the Authority and stated in the permit.

(4) A learner driver must carry his or her learner permit when driving a motor vehicle.

Penalty: A fine of not more than $50.

(5) A learner driver must not drive a motor vehicle unless a person who holds a driver licence for the class of vehicle is sitting beside the learner driver.

Penalty: A fine of not more than $500.

(6) If a learner permit is granted subject to conditions, the learner driver must comply with the conditions when driving a motor vehicle.

Penalty: A fine of not more than $100.

21 Application for driver licence


(1) A person may apply to the Authority for a driver licence.

(2) The application must:

(a) be in writing; and

(b) state the class of vehicle the person wishes to be licensed to drive; and

(c) have with it a recent photograph of the person; and

(d) have with it sufficient information to clearly identify the person; and

(e) state whether the person’s licence has ever been suspended or cancelled and, if so, give details of the suspension and cancellation; and

(f) have with it the prescribed fee.

22 Driver licence


(1) The Authority may grant a driver licence if the authority is satisfied that:

(a) the person meets the age requirement in section 23; and

(b) the person is competent to drive a vehicle of the class applied for; and

(c) for a commercial licence - the person meets the requirements of section 24; and

(d) for a bus licence - the person meets the requirements of section 25; and

(e) the person is not disqualified from holding a driver licence; and

(f) the person does not suffer from a disease or disability that would make it unsafe for the person to drive a motor vehicle of the class applied for.


(3) A driver licence must:

(a) contain a recent photograph of the licence holder; and

(b) state the class of vehicle the licence holder is entitled to drive; and

(c) state the name and address of the licence holder; and

(d) state the expiry date of the licence; and

(e) be in the prescribed form.


(4) A driver licence remains in force for one year from the date of issue and may be renewed.

23 Age requirement


The age requirement to hold a driver licence is:

(a) for a motor bike- 16 years; and

(b) for a private motor vehicle - 17 years; and

(c) for a bus or commercial vehicle - 21 years.

24 Commercial licence


(1) The Authority must not issue a licence to a person to drive a commercial vehicle unless the person:

(a) has demonstrated to the Authority that he or she is competent to drive a commercial vehicle of the kind the person proposes to drive, whether by passing a driving test or otherwise; and

(b) has held a licence to drive a private motor vehicle for at least one year; and

(c) has not been convicted of a serious traffic offence in the last 5 years.


[Note: A serious traffic offence is defined in section 4.]

(2) This section is in addition to the age requirement.

25 Bus licence


(1) The Authority must not issue a licence to a person to drive a bus unless the person:

(a) has demonstrated to the Authority that he or she is competent to drive a bus, whether by passing a driving test or otherwise; and
(b) has held a licence to drive a private motor vehicle for at least 2 years; and

(c) has not been convicted of a serious traffic offence in the last 5 years; and

(d) has demonstrated to the Authority that he or she has experience in driving in traffic.


[Note: A serious traffic offence is defined in section 4.]

(2) This section is in addition to the age requirement.

26 Licence for different class of vehicle


(1) The holder of a driver licence may apply to the Authority for a licence to drive another class of motor vehicle.

(2) If the Authority is satisfied that the holder of the licence:

(a) is competent to drive a vehicle of the different class; and

(b) meets the age requirement for vehicles of that class; and

(c) for a commercial licence - meets the requirements of section 24; and

(d) for a bus licence - meets the requirements of section 25;


the Authority may endorse the licence, or issue a new licence.

(3) An endorsement must state the class of vehicle that the licence holder may drive.

27 Register of driver licences


(1) The Authority must keep a Register containing the following information about each driver licence the authority has issued:

(a) the name and address of the licence holder; and

(b) the class of vehicle; and

(c) the date the licence was issued; and

(d) the number of the licence.


(2) A person may inspect and take copies of the Register on payment of the prescribed fee.

28 Replacement licences


(1) A person whose driver licence is lost, stolen or destroyed may apply to the Authority for a replacement licence.

(2) The application must:

(a) be in writing; and

(b) state how the licence came to be lost, stolen or destroyed; and

(c) state the class of vehicle the person was licensed to drive; and

(d) have with it a recent photograph of the person; and

(e) have with it sufficient information to clearly identify the person applying; and

(f) have with it the prescribed fee.


(3) The Authority may issue a replacement licence if the Authority is satisfied that the original licence was lost, stolen or destroyed.

(4) A replacement licence is to be subject to the same conditions as the original licence.

29 Foreign driver licences


A person who:

(a) is visiting Kiribati; and

(b) holds a driver licence issued in another country; and

(c) drives a motor vehicle of the class for which he or she is licensed;


is taken to hold a driver licence issued under this Act for the period of 4 weeks after arriving in Kiribati.

PART IV - ROAD RULES

30 Road Rules


(1) The Road Rules in the Schedule apply in Kiribati.

(2) The purpose of the Road Rules is to encourage safe driving in Kiribati by providing clearly written road rules for vehicles and pedestrians.

PART V - OFFENCES

Division 1 - General offences

31 Dangerous driving


The driver of a motor vehicle must not drive the vehicle on a road recklessly or in a manner dangerous to persons using the road.

Penalty:

(a) for a first offence: a fine of not more than $500 or imprisonment for not more than 1 year, or both; and
(b) for a second or subsequent offence: a fine of not more than $1,000 or imprisonment for not more than 2 years, or both; and

(c) for an offence causing death - a fine of not more than $2,000 or imprisonment for not more than 5 years, or both.

32 Negligent driving


The driver of a motor vehicle must not drive the vehicle on a road negligently.

Penalty: A fine of not more than $300 or imprisonment for not more than 6 months, or both.

33 Careless driving


The driver of a motor vehicle must not drive the vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road.

Penalty: A fine of not more than $500.

34 Breach of Road Rules


(1) A person must obey the Road Rules.

Penalty: A fine of not more than $500.

(2) Subsection (1) is in addition to any other offence for which a person may be prosecuted under this Act.

35 Making false statement in application or other document


(1) A person must not knowingly make a false statement in an application or any other document required under this Act.

Penalty: A fine of not more than $30

(2) A person who knowingly omits information from an application or other document is taken to make a false statement.

36 Using vehicle for different purpose


(1) A person must not operate a vehicle as a bus unless the vehicle is registered as a bus.

Penalty: A fine of not more than $500.

(2) A person must not use a vehicle as a commercial vehicle unless the vehicle is registered as a commercial vehicle.

Penalty: A fine of not more than $200.

37 Offences by bus operators


(1) A bus operator must not employ a person as a bus driver unless the person holds a bus licence.

Penalty: A fine of not more than $1,000.

(2) A bus operator must not employ a person as a bus driver if the person has been convicted of a serious traffic offence in the last 5 years.

Penalty: A fine of not more than $1,000.

[Note: A serious traffic offence is defined in section 4.]

(3) A bus operator must not encourage a bus driver he employs to:

(a) exceed the speed limit; or

(b) carry more passengers than can safely be carried on the bus; or

(c) otherwise act in contravention of this Act.


Penalty: A fine of not more than $500.

(5) A bus operator must not modify the seating in his or her bus to carry more passengers than the number the bus was designed to carry , unless the Authority approves the modification.

Penalty: A fine of not more than $500.

(6) For this section, a bus driver who works under contract is taken to be employed.

38 Offences by bus drivers


(1) A bus driver must not carry more passengers in a bus than can safely be carried in the bus.

Penalty: A fine of not more than $100.

(2) When picking up or setting down passengers, a bus driver must:

(a) pull off the road as far as possible; and

(b) if stopping in an area where there are marked bus stops - must stop only at a marked bus stop.


Penalty: A fine of not more than $100.

[Note: A bus driver must also comply with the Road Rules in the Schedule.]

Division 2 - Driving under the influence of alcohol or another drug

39 Driving under the influence of alcohol or another drug


(1) A person must not drive a motor vehicle while under the influence of alcohol or another drug.

(2) A person who commits an offence against subsection (1) is liable on conviction as follows:

(a) for a first offence - a fine of not more than $250;

(b) for a second offence - a fine of not less than $250 and not more than $500;

(c) for a third or subsequent offence - a fine of not less than $300 and not more than $800 and imprisonment for not more than 5 years, or both.

40 Alcohol level - breathalyser reading


(1) A person is taken to be under the influence of alcohol if an analysis of the person’s breath by a breathalyser shows a reading over 0.08.

(2) The presumption in subsection (1) is irrebuttable.

41 Alcohol level - blood test


(1) a person is taken to be under the influence of alcohol if a test of the person’s blood shows more than the prescribed content of alcohol in the blood.

(2) The presumption in subsection (1) is irrebuttable.

42 Other drugs


(1) A person is taken to be under the influence of another drug if the test prescribed for that drug shows more than the prescribed level of the drug.

(2) The presumption in subsection (1) is irrebuttable.

43 Evidence of offence if no breathalyser or blood test available


(1) In addition to sections 40 and 41, it is evidence that a person is under the influence of alcohol if:

(a) the person is unsteady on his or her feet; or

(b) the person is not able to walk along straight line; or

(c) the person’s speech is unclear; or

(d) the person otherwise appears affected by alcohol.


(2) Subsection (1) does not limit other evidence that may be brought to establish that a person is under the influence of alcohol or another drug.

44 Breathalyser procedure


A breath analysis must be carried out in accordance with the procedures in the Regulations.

45 Blood test procedure


(1) A blood analysis for alcohol must be carried out in accordance with the procedures in the Regulations.

(2) An analysis for a drug other than alcohol must be carried out in accordance with the procedures in the Regulations.

46 Certificate evidence


(1) In proceedings for an offence against section 39, a certificate by the Commissioner as to any of the following matters is evidence of the contents of the certificate:

(a) that a breath analysis showed a reading over 0.08;

(b) that the breath analysis was carried out in accordance with the Regulations;

(c) that a blood test showed more than the prescribed level of alcohol in a person’s blood;

(d) that the blood test was carried out in accordance with the Regulations;

(e) that a test prescribed for another drug showed more than the prescribed level of that drug;

(f) that the test was carried out in accordance with the Regulations.

Division 3 - Traffic penalty notices

47 Offences for which penalty notice can be issued


(1) In this Division, "penalty notice offence" means any of the following offences:

(a) a registration offence (that is, an offence against Part II of this Act);

(b) a driver licence offence (that is, an offence against Part III of this Act);

(c) an offence of failing to comply with any of the Road Rules.


[Note: the Road Rules are set out in the Schedule - see section 4.]

(2) However, an offence is not a penalty notice offence if, as a result of the conduct constituting the offence:

(a) a person was injured; or

(b) property of any kind was damaged.

48 Amounts of penalties


The amount of a penalty for a particular penalty offence is as follows:

(a) exceeding the speed limit by up to 15 km/h - $20;

(b) exceeding the speed limit by over 15 km/h but less than 30 km/h - for a first offence, $25 and a second or subsequent offence, $40;

(c) exceeding the speed limit by more than 30 km/h - for a first offence, $45 and a second or subsequent offence, $60;

(d) for an offence against Part 7 of the Road Rules (parking) - $20;

(e) any other offence against the Road Rules - $20.

49 Issue of notice


(1) If a police officer has reasonable grounds for believing that a person has committed a penalty notice offence, the police officer may give a penalty notice to the person.

(2) The penalty notice may be:

(a) handed to the driver of the motor vehicle; or

(b) securely placed on the motor vehicle in a conspicuous position (for example, under the windscreen wiper).

50 Content of notice


(1) The penalty notice must state:

(a) the number of the notice; and

(b) details of the offence; and

(c) where the offence was committed; and

(d) the date and time when the offence was committed; and

(e) a description of the vehicle, including its registration number if known; and

(f) the name of the driver, if known; and

(g) the name of the police officer; and

(h) the amount of the penalty; and

(i) that the penalty must be paid to the government of Kiribati at the place named in the notice by the date specified in the notice.


(2) The penalty notice must be signed by the police officer.

(3) The police officer must give the duplicate copy of the notice to the Commissioner within 24 hours of issuing the notice.

51 Time for payment of penalty


The amount of penalty stated in a penalty notice must be paid in full to the Government of Kiribati at the place named in the notice within 21 days of the date of the notice.

52 Final notice when penalty not paid

(a) If:

(a) a penalty notice has been given to a person or placed on a vehicle; and

(b) the penalty is not paid in full by the date stated in the penalty notice;


the Commissioner must give the person a final notice.

(b) The final notice must state that:

(a) the person has not paid the penalty by the date stated in the notice; and

(b) if the penalty and the administrative fee stated in the notice is paid within 14 days from the date of the notice, no further action will be taken against the person for the penalty notice offence; and

(c) if the penalty is not paid, the person will be prosecuted for the offence; and

(d) if the court finds the person guilty, the person will be liable to pay the amount of the penalty together with the administrative fee and court costs.

(c) The Regulations may fix the amount of the administrative fee.

53 Disputing liability under notice

54 Liability discharged


A person who pays the penalty stated in a penalty notice within the time stated in the notice is not liable to be prosecuted for the penalty notice offence.


55 Prosecution instead of infringement notice


(1) A police officer is not compelled to issue a penalty infringement notice for a penalty notice offence.

(2) If a penalty notice is not issued for a penalty notice offence, the person may be prosecuted for the offence.

(3) If it appears to the Commissioner that, because of the circumstances of the offence, a person should be prosecuted for the offence rather than be issued with a penalty notice, the Commissioner may cancel the notice and the person may then be prosecuted for the offence.

PART VI - MISCELLANEOUS

56 Suspension and cancellation of driver licence


(1) When a court convicts a person of a serious traffic offence, the court must order that:

(a) for an offence involving a motor vehicle leading to the death or injury of a person - the person be disqualified from holding a driver licence for not less than 5 years; and
(b) for any other serious traffic offence - the person be disqualified from holding a driver licence for not less than 1 year and not more than 5 years.


[Note: "serious traffic offence" is defined in section 4.]

(2) When a court convicts a person of any other offence against this Act, the court may:

(a) suspend the person’s driver licence for a period of up to 12 months; or

(b) cancel the persons driver licence and disqualify the person from holding a driver licence for a period of up to 5 years; or

(3) If the person holds a licence to drive a bus or a commercial vehicle, the court may also order that the person is disqualified for life from holding a licence to drive a bus or a commercial vehicle.


(4) An order under this section is in addition to any other penalty that the court may impose.

(5) A person must not drive a motor vehicle while the person’s licence is suspended or cancelled.

Penalty A fine of not more than $500 or imprisonment for not more than 2 years, or both.

(6) A person whose licence to drive a bus or commercial vehicle is suspended or cancelled must not drive a bus or commercial motor vehicle.


Penalty: A fine of not more than $1000 or imprisonment for not more than 5 years, or both.

57 Getting licence back


A person whose driver licence has been cancelled may apply under Part III at the end of the cancellation period for another driver licence.

58 Police powers


(1) A police officer may require the driver of a motor vehicle to stop the vehicle if the police officer has reasonable grounds to suspect that the driver is about to commit, is committing or has recently committed an offence against this Act.


(2) The driver of a motor vehicle must produce his or her licence to a police officer on being asked to do so by the police officer.

Penalty: A fine of not more than $50.

(3) However, a person does not commit an offence against subsection (1) if the person produces his or her driver licence at a police station within 48 hours of the police officer’s request.

(4) The powers in this section are in addition to any other powers a police officer has under a law of Kiribati.

59 Reporting an accident


(1) A driver involved in an accident must comply with this section.

Penalty: A fine of not more than $200.

(2) The driver (or the driver’s representative) must give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to:

(a) any other driver (or that driver’s representative) involved in the crash; and

(b) any other person involved in the crash who is injured, or the person’s representative; and

(c) the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative).


(3) The driver (or the driver’s representative) must also give the driver’s required particulars, within the required time, to a police officer if:

(a) anyone is killed or injured in the accident; or

(b) the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2); or

(c) any property is damaged in the accident.


(4) In this section, "required particulars" means:

(a) the driver’s name and address; and

(b) the name and address of the owner of the driver’s vehicle; and

(c) the vehicle’s registration number; and

(d) any other information necessary to identify the vehicle.

60 Review of Authority’s decision


(1) A person aggrieved by a decision of the Authority:

(a) refusing to register a vehicle under section 12; or

(b) imposing conditions on registration under section 14; or

(c) suspending registration under section 18; or

(d) refusing to issue a driver licence under section 22 or 26;


may apply to a magistrate’s court for a review of the Authority’s decision.

(2) The court may confirm or revoke the Authority’s decision, or make another decision in substitution for the Authority’s decision..


(3) A decision of a court under this section is, for all purposes except this section, taken to be a decision of the Authority.

61 Regulations


The Minister, acting in accordance with the advice of Cabinet, may make such regulations as he deems necessary for carrying into full effect the provisions of this Act and, without limitation, shall make regulations for the following purposes:

(a) providing for the forms to be prescribed under this Act;

(b) prescribing fees payable under this Act;

(c) providing for traffic control devices;

62 Repeal and Transitional


(1) The Traffic Ordinance (Cap. 98) is repealed.

(2) In spite of the repeal of the Traffic Ordinance, the provisions of Part IIA (dealing with heavy vehicles) continue to apply in relation to vehicles of the kind mentioned in that Part.

(3) A prosecution for an offence committed against the Ordinance must be brought and continued under the Ordinance.

SCHEDULE

ROAD RULES

PART I - INTERPRETATION

1. Interpretation


(1) In these Road Rules (hereinafter referred to as "these Rules"), unless the context otherwise requires:

"adjacent land", for a road, means land next to the road (whether or not it adjoins the road), but does not include another road;

"approaching", for a driver, means approaching from any direction;

"Attachment" means the Attachment to these Road Rules;

"centre of the road", for a driver on a two-way road, means the far right side of the part of the road used by traffic travelling in the same direction as the driver;

"dividing line" means a road marking formed by a line, or 2 parallel lines, whether broken or continuous, designed to indicate the parts of the road to be used by vehicles travelling in opposite directions;

"dividing strip" means an area or structure that divides a road lengthways;

"drive" includes be in control of;

"driver’s vehicle", for a driver, means the vehicle being driven by the driver;

"enter an intersection" for the driver of a vehicle, means enter the intersection with any part of the vehicle;

"footpath" means an area beside a road that is open to the public and designated for, or has as one of its main uses, use by pedestrians;

"give way", for a driver or pedestrian, means:

(a) if the driver or pedestrian is stopped — remain stationary until it is safe to proceed; or

(b) in any other case — slow down and, if necessary, stop to avoid a collision;

"high-beam", for a headlight fitted to a vehicle, means that the headlight is built or adjusted so that, when the vehicle is standing on level ground, the top of the main beam of light projected is above the headlight’s low-beam;

"intersection" means the area where 2 or more roads meet, and includes:

(a) any area of the roads where vehicles travelling on different roads might collide; and

(b) the area of any slip lane where the roads meet;

"land" includes premises or a part of premises;

"loading zone" means a length of a road to which a loading zone sign applies;

"low-beam", for a headlight fitted to a vehicle, means that the headlight is built or adjusted so, when the vehicle is standing on level ground, the top of the main beam of light projected is:

(a) not higher than the centre of the headlight, when measured 8 metres in front of the vehicle; and

(b) not over 1 metre higher than the level where the vehicle is standing, when measured 25 metres in front of the vehicle;

"one-way road" means a road that is for the use of vehicles travelling in the same direction only.

"overtake", for a driver, means the action of:

(a) approaching from behind another driver travelling in the same marked lane or line of traffic; and

(b) moving into an adjacent marked lane or line of traffic (whether or not the lane or line of traffic is for drivers travelling in the same direction); and

(c) passing the other driver while travelling in the adjacent marked lane or line of traffic;

"parking sign" means a sign showing:

(a) that vehicles may or may not park in the area to which the sign relates; or

(b) the kind of vehicles that may park in the area to which the sign relates;

"pedestrian crossing" means an area of road:

(a) that has a "pedestrian crossing" sign; and

(b) that is shown by parallel white stripes on the road;

"roundabout" means an intersection of roads that is designed for traffic to move in a clockwise direction around a traffic island or other structure in the centre of the intersection;

"slip lane" means an area of road for vehicles turning left that is separated, at some point, from other parts of the road by a traffic island;

"stop", for a driver, includes park;

"T-intersection" means an intersection where 2 roads meet (whether or not at right angles) and one of the roads ends;

"traffic control device" means a traffic sign, road marking, traffic signals, or other device, to direct or warn traffic on, entering or leaving a road;

"traffic sign" means a board or other piece of material displaying words, figures or symbols to direct or warn traffic on, entering or leaving a road, and includes a parking sign and a hand-held stop sign, but does not include traffic signals;

"two-way road" means a road for use by vehicles travelling in opposite directions; and

"U-turn" means a turn made by a driver so that the driver’s vehicle faces in approximately the opposite direction from which it was facing immediately before the turn was made, but does not include a turn made at a roundabout;


(2) Unless otherwise stated in these Rules, each reference in the Rules to a driver includes a reference to a rider, and each reference in the Rules to driving includes a reference to riding.

2 References to stopping or parking on a length of road etc

(1) A driver stops or parks on a length of road, or in an area, if the driver stops or parks the driver’s vehicle so any part of the vehicle is on the length of road or in the area.

(2) A driver stops or parks within a particular distance from, before, or after, something if the driver stops or parks the driver’s vehicle so any part of the vehicle is within that distance.

3 References to left and right


(1) In applying these Rules to a person, a reference to left is a reference to:

(a) for the person — the left-hand side of the person; or

(b) for a line, sign or anything else — the left-hand side of the line, sign or other thing when viewed from the person’s perspective.


(2) In applying these Rules to a person, a reference to right is a reference to:

(a) for the person — the right-hand side of the person; or

(b) for a line, sign or anything else — the right-hand side of the line, sign or other thing when viewed from the person’s perspective.

(3) A driver drives to the left, or right, of a line, sign or anything else only if the driver’s vehicle is completely to the left, or right, of the line, sign or other thing.

PART II - SPEED LIMITS

4 Obeying the speed limit


(1) A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.

(2) The speed limit applying to a driver for a length of road to which a speed-limit sign applies is the number of kilometres per hour shown by the number on the sign.

(3) A speed-limit sign on a road applies to the length of road beginning at the sign and ending at the nearest of the following:

(a) a speed-limit sign on the road with a different number on the sign;

(b) an end speed-limit sign or speed derestriction sign on the road;

(c) if the road ends at a T-intersection or dead end — the end of the road

5 Maximum speed limits


If there is no speed limit sign applying to a length of road, the speed limit applying to a driver for the length of road is:

(a) for a length of road in a built-up area - 40 kilometres per hour; and

(b) for any other length of road - 60 kilometres per hour.

PART III - TURNS

6 Making a left turn


(1) A driver turning left at an intersection from a road must approach and enter the intersection from as near as practicable to the far left side of the road.

(2) If a driver is turning left at an intersection and there is a road marking showing how the turn should be made, the driver must make the turn as shown by the road marking.

7 Making a right turn


(1) A driver turning right at an intersection from a road must approach and enter the intersection in accordance with this rule.

(2) If the road has a dividing line or median strip, the driver must approach and enter the intersection from the left of, parallel to, and as near as practicable to, the dividing line or median strip.

(3) If the road does not have a dividing line or median strip and is not a one-way road, the driver must approach and enter the intersection from the left of, parallel to, and as near as practicable to, the centre of the road.

(4) If the road is a one-way road, the driver must approach and enter the intersection from as near as practicable to the far right side of the road.

(5) If there is a road marking showing how the turn should be made, the driver must make the turn as shown by the road marking.

(6) If there is no road marking showing how the turn should be made, the driver must make the turn so the driver passes as near as practicable to the right of the centre of the intersection.

8 U-turns


(1) A driver must not begin a U-turn unless:

(a) the driver has a clear view of any approaching traffic; and

(b) the driver can safely make the U-turn without unreasonably obstructing the free movement of traffic.


(2) A driver making a U-turn must give way to all vehicles and pedestrians.

(3) A driver must not make a U-turn at a break in a dividing strip on a road if there is a no U-turn sign at the break in the dividing strip.

(4) A driver must not make a U-turn at an intersection if there is a no U-turn sign at the intersection.

(5) A driver making a U-turn at an intersection must start the U-turn:

(a) if the road where the driver is turning has a dividing line or median strip — from as near as practicable to the dividing line or median strip; or

(b) in any other case — from the left of the centre of the road.

9. Turning off road or onto road


A driver turning left or right from a road onto adjacent land, or from adjacent land into a road, must turn as if the driver were making a turn at an intersection.

10. Changing direction


(1) A driver changes direction if the driver changes direction to the left or the driver changes direction to the right.

(2) A driver changes direction to the left by doing any of the following:

(a) turning left;

(b) diverging to the left;

(c) entering a line of traffic to the left;

(d) moving to the left from a stationary position;

(e) at a T-intersection where the continuing road curves to the right — leaving the continuing road to proceed straight ahead onto the terminating road.


(3) A driver changes direction to the right by doing any of the following:

(a) turning right;

(b) diverging to the right;

(c) entering a line of traffic to the right;

(d) moving to the right from a stationary position;

(e) making a U-turn;

(f) at a T-intersection where the continuing road curves to the left — leaving the continuing road to proceed straight ahead onto the terminating road.

11. Signalling change of direction


(1) Before a driver changes direction, the driver must give a change of direction signal in accordance with this Rule.

(2) The driver of a vehicle must give a left change of direction signal by operating the vehicle’s left direction indicator lights.

(3) The driver of a vehicle must give a right change of direction signal by operating the vehicle’s right direction indicator lights.


(4) The driver must give the change of direction signal for long enough to give sufficient warning to other drivers and pedestrians.

(5) If the driver is about to change direction by moving from a stationary position at the side of the road, the driver must give the change of direction signal for at least 5 seconds before the driver changes direction.

(6) The driver must stop giving the change of direction signal as soon as the driver completes the change of direction.

(7) However, if the vehicle’s direction indicator lights are not in working order or are not clearly visible, or the vehicle is not fitted with direction indicator lights, the driver must give the change of direction signal by giving a hand signal.

(8) To give a hand signal for changing direction to the right, the driver must extend the right arm and hand horizontally and at right angles from the right side of the vehicle, with the hand open and the palm facing the direction of travel.

(9) The driver of a vehicle must not operate a direction indicator light except:

(a) to give a change of direction signal when the driver is required to give the signal under these Rules; or

(b) as part of the vehicle’s hazard warning lights.

PART IV - STOPPING AND GIVING WAY

12. Giving a stop signal


(1) A driver must give a stop signal before stopping or when suddenly slowing.

(2) If the driver is stopping, the driver must give the stop signal for long enough to give sufficient warning to other road users.

(3) If the driver is slowing suddenly, the driver must give the stop signal while slowing.

(4) The driver of a vehicle must give a stop signal by means of the vehicle’s brake lights.

(5) However, if the vehicle’s brake lights are not in working order or are not clearly visible, or the vehicle is not fitted with brake lights, the driver must give the stop signal by giving a hand signal.

(6) To give a hand signal for stopping or suddenly slowing, the driver must extend the right arm and hand at right angles from the right side of the vehicle, with the upper arm horizontal and the forearm and hand pointing upwards, and with the hand open and the palm facing the direction of travel.

13. Stopping and giving way at a stop sign at an intersection


(1) A driver at an intersection with a stop sign must stop and give way in accordance with this rule.

(2) The driver must stop as near as practicable to, but before entering, the intersection.

(3) The driver must give way to a vehicle in, entering or approaching the intersection except:

(a) an oncoming vehicle turning right at the intersection if a stop sign, stop line, give way sign or give way line applies to the driver of the oncoming vehicle; or

(b) a vehicle turning left at the intersection using a slip lane; or

(c) a vehicle making a U-turn.


(4) If the driver is turning left or right or making a U-turn, the driver must also give way to any pedestrian at or near the intersection on the road, or part of the road, the driver is entering.

14. Stopping and giving way at a stop sign at other places


(1) A driver approaching or at a place (except an intersection) with a stop sign (such as a stop sign at an exit from a car park onto a road) must stop and give way in accordance with this rule.

(2) The driver must stop as near as practicable to, but before, the stop sign.

(3) The driver must give way to any vehicle or pedestrian at or near the stop sign.

15. Giving way at a give way sign at an intersection


(1) A driver at an intersection with a give way sign must give way in accordance with this rule.

(2) The driver must give way to a vehicle in, entering or approaching the intersection except:

(a) an oncoming vehicle turning right at the intersection if a stop sign or give way sign applies to the driver of the oncoming vehicle; or

(b) a vehicle turning left at the intersection using a slip lane; or

(c) a vehicle making a U-turn.


(3) If the driver is turning left or right or making a U-turn, the driver must also give way to any pedestrian at or near the intersection on the road, or part of the road, the driver is entering.

16. Giving way at a give way sign at other places


A driver approaching or at a place (except an intersection) with a give way sign must give way to any vehicle or pedestrian at or near the give way sign.

17. Giving way at an intersection (except a T-intersection or roundabout)


(1) A driver at an intersection (except a T-intersection or roundabout) without a stop sign or give way sign, must give way in accordance with this rule.

(2) If the driver is going straight ahead, the driver must give way to any vehicle approaching from the right, unless a stop sign or give way sign applies to the driver of the approaching vehicle.

(3) If the driver is turning left (except if the driver is using a slip lane), the driver must give way to:

(a) any vehicle approaching from the right, unless a stop sign or give way sign applies to the driver of the approaching vehicle; and

(b) any pedestrian at or near the intersection on the road the driver is entering.


(4) If the driver is turning left using a slip lane, the driver must give way to:

(a) any vehicle approaching from the right or turning right at the intersection into the road the driver is entering (except a vehicle making a U-turn at the intersection); and

(b) any pedestrian on the slip lane.


(5) If the driver is turning right, the driver must give way to:

(a) any vehicle approaching from the right, unless a stop sign or give way sign applies to the driver of the approaching vehicle; and

(b) any oncoming vehicle that is going straight ahead or turning left at the intersection, unless:

(i) a stop sign or give way sign applies to the driver of the oncoming vehicle; or

(ii) the oncoming vehicle is turning left using a slip lane; and

(c) any pedestrian at or near the intersection on the road the driver is entering.

18. Giving way at a T-intersection


(1) A driver at a T-intersection without a stop sign or give way sign must give way in accordance with this rule.

(2) If the driver is turning left (except if the driver is using a slip lane) or right from the terminating road into the continuing road, the driver must give way to:

(a) any vehicle travelling on the continuing road; and

(b) any pedestrian on the continuing road at or near the intersection.


(3) If the driver is turning left from the terminating road into the continuing road using a slip lane, the driver must give way to:

(a) any vehicle travelling on the continuing road; and

(b) any pedestrian on the slip lane.


(4) If the driver is turning left (except if the driver is using a slip lane) from the continuing road into the terminating road, the driver must give way to any pedestrian on the terminating road at or near the intersection.

(5) If the driver is turning from the continuing road into the terminating road using a slip lane, the driver must give way to:

(a) any vehicle approaching from the right; and

(b) any pedestrian on the slip lane.


(6) If the driver is turning right from the continuing road into the terminating road, the driver must give way to:

(a) any oncoming vehicle that is travelling through the intersection on the continuing road or turning left at the intersection; and

(b) any pedestrian on the terminating road at or near the intersection.

19. Giving way when entering or leaving adjacent land


(1) A driver entering a road from adjacent land without a stop sign or give way sign must give way to:

(a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from adjacent land); and

(b) any pedestrian on the road; and


(2) A driver entering adjacent land from a road without a stop sign or give way sign must give way to:

(a) any pedestrian on the road; and

(b) if the driver is turning right from the road — any oncoming vehicle on the road that is going straight ahead or turning left; and

(c) if the road the driver is leaving ends at a T-intersection opposite the adjacent land and the driver is crossing the continuing road — any vehicle on the continuing road.

20. Police and emergency vehicles


(1) A driver must not move into the path of an approaching police or emergency vehicle that is displaying a flashing light or sounding an alarm.

(2) If a driver is in the path of an approaching police or emergency vehicle that is displaying a flashing light or sounding an alarm, the driver must move out of the path of the vehicle as soon as the driver can do so safely.

(3) A driver must give way to a police or emergency vehicle that is displaying a flashing light or sounding an alarm.

(4) For this Rule, a police or emergency vehicle that is flashing its indicator lights is displaying a flashing light.

(5) This Rule applies to the driver in spite of any other Rule

21. Giving way at a pedestrian crossing


(1) A driver approaching a pedestrian crossing must drive at a speed at which the driver can, if necessary, stop safely before the crossing.

(2) A driver must give way to any pedestrian on a pedestrian crossing.

22. Overtaking or passing a vehicle at a pedestrian crossing


A driver approaching a pedestrian crossing must not overtake or pass a vehicle that is travelling in the same direction as the driver and is stopping, or has stopped, to give way to a pedestrian at the crossing.

PART V - TRAFFIC SIGNS AND ROAD MARKINGS

23. Left and right turn signs

(1) If there is a left turn only sign at an intersection, a driver must turn left at the intersection.

(2) If there is a left lane must turn left sign at an intersection, a driver who is in the left marked lane when entering the intersection must turn left at the intersection.

(3) If there is a right turn only sign at an intersection, a driver must turn right at the intersection.

(4) If there is a right lane must turn right sign at an intersection, a driver who is in the right marked lane when entering the intersection must turn right at the intersection.

(3) In this rule:

"turn right" does not include make a U-turn.

24. No turns signs


(1) If there is a no turns sign at an intersection, a driver must not turn left or right, or make a U-turn, at the intersection.

(2) If there is a no left turn sign at an intersection, a driver must not turn left at the intersection.

(3) If there is a no right turn sign at an intersection, a driver must not turn right or make a U-turn at the intersection.

25. No overtaking or passing signs


(1) A driver must not:

(a) drive past a no overtaking or passing sign if any oncoming vehicle is on the length of road to which the sign applies; or

(b) overtake a vehicle on length of road to which a no overtaking or passing sign applies.


(2) A no overtaking or passing sign on a road applies to the length of road beginning at the sign and ending:

(a) if information on the sign shows a distance — at that distance past the sign; or

(b) if the sign applies to a bridge — at the end of the bridge; or

(c) at an "end no overtaking or passing" sign on the road.

26. One-way signs


(1) A driver must not drive on a length of road to which a one-way sign applies except in the direction shown by the arrow on the sign.

(2) A one-way sign on a road applies to the length of road beginning at the sign and ending at the nearer of the following:

(a) a two-way sign on the road;

(b) a keep left sign on the road;

(c) another sign on the road that shows that the road is a two-way road;

(d) the end of the road.

27. Keep left and keep right signs


(1) A driver driving past a keep left sign must drive to the left of the sign.

(2) A driver driving past a keep right sign must drive to the right of the sign.

28. No entry signs


A driver must not drive past a no entry sign.

29. Hand-held stop signs


(1) A driver approaching a hand-held stop sign must stop before reaching the sign.

(2) The driver must not proceed until the holder of the sign:

(a) no longer displays the sign towards the driver; or

(b) otherwise shows that the driver may proceed.

PART VI - KEEPING LEFT, OVERTAKING AND OTHER TRAFFIC RULES

30. Unreasonably obstructing drivers or pedestrians


(1) A driver must not unreasonably obstruct the path of another driver or a pedestrian.


(2) For this rule, a driver does not unreasonably obstruct the path of another driver or a pedestrian only because:

(a) the driver is stopped in traffic; or

(b) the driver is driving more slowly than other vehicles (unless the driver is driving abnormally slowly in the circumstances).

31. Keeping a safe distance behind vehicles


A driver must drive a sufficient distance behind a vehicle travelling in front of the driver so the driver can, if necessary, stop safely to avoid a collision with the vehicle.

32. Entering blocked intersections


A driver must not enter an intersection if the driver cannot drive through the intersection because the intersection, or a road beyond the intersection, is blocked.

33. Keeping to the left


(1) A driver on a road must drive as near as practicable to the far left side of the road.

(2) Subrule (1) does not apply to the rider of a motor bike.

(3) A driver must drive to the left of any oncoming vehicle unless:

(a) the driver is turning right at an intersection; and

(b) the driver is passing an oncoming vehicle turning right at the intersection; and

(c) there is no traffic sign or road marking indicating that the driver must pass to the left of the oncoming vehicle.


(4) A driver on a road with a median strip must drive to the left of the median strip.

(5) A driver on a two-way road without a dividing line or median strip must drive to the left of the centre of the road, except as permitted by Rule 34.

(6) A driver on a road with a dividing line must drive to the left of the dividing line, except as permitted by Rule 34.

34. Exceptions to keeping to the left


(1) On a two-way road without a dividing line or median strip, a driver may drive to the right of the centre of the road:

(a) to overtake another driver; or

(b) to enter or leave the road.


(2) The driver may also drive to the right of the centre of the road if:

(a) because of the width or condition of the road, it is not practicable to drive to the left of the centre of the road; and

(b) the driver can do so safely.


(3) A driver on a two-way road without a dividing line or median strip may drive to the right of the centre of the road to avoid an obstruction if:

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the centre of the road to avoid the obstruction; and

(c) the driver can do so safely.


(4) A driver on a road with a dividing line may drive to the right of the dividing line to avoid an obstruction if:

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the dividing line to avoid the obstruction; and

(c) the driver can do so safely.


(5) For subrule (4), if the dividing line is a single continuous dividing line to the left of a broken dividing line, a single continuous dividing line only or 2 parallel continuous dividing lines, the hazard in driving to the right of the dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line.

(6) A driver may drive on a dividing strip, or on or over a single continuous line, or 2 parallel continuous lines, to avoid an obstruction if:

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable to drive on the dividing strip to avoid the obstruction; and

(c) the driver can do so safely.

35. Overtaking


(1) A driver must not overtake a vehicle unless:

(a) the driver has a clear view of any approaching traffic; and

(b) the driver can safely overtake the vehicle.


(2) A driver (except the rider of a bicycle) must not overtake a vehicle to the left of the vehicle unless the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal.

(3) A driver on a road with a dividing line may drive to the right of the dividing line to overtake another driver only if the dividing line is:

(a) a broken line; or

(b) a broken dividing line to the left of a single continuous dividing line.


(4) The rider of a bicycle must not ride past, or overtake, to the left of a vehicle that is turning left and is giving a left change of direction signal.

(5) A driver must not overtake to the right of a vehicle if the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal.

(6) A driver overtaking a vehicle:

(a) must pass the vehicle at a sufficient distance to avoid a collision with the vehicle or obstructing the path of the vehicle; and

(b) must not return to the marked lane or line of traffic where the vehicle is travelling until the driver is a sufficient distance past the vehicle to avoid a collision with the vehicle or obstructing the path of the vehicle.


(7) If a driver is overtaking another driver on a two-way road, the other driver must not increase speed until the first driver:

(a) has passed the other driver; and

(b) has returned to the line of traffic where the other driver is driving; and

(c) is a sufficient distance in front of the other driver to avoid a collision.

36. Roundabouts


(1) If:

(a) a driver is approaching a roundabout that has a roundabout sign facing in the direction from which the driver is coming; and

(b) another vehicle is being driven in the roundabout and is approaching from the driver’s right; and

(c) there is a possibility that the vehicles might collide, or that a dangerous situation might occur;


then the driver of the first vehicle must give way to the vehicle in the roundabout.

(2) If practicable, a driver driving in a roundabout must give a left change of direction signal when leaving the roundabout.

(3) The driver must stop giving the change of direction signal as soon as the driver has left the roundabout.

37. Giving way when lines of traffic merge into a single line of traffic


A driver in a line of traffic that is merging with one or more lines of traffic travelling in the same direction as the driver must give way to a vehicle in another line of traffic if any part of the vehicle is ahead of the driver’s vehicle.

38. Riding a motor bike or bicycle alongside more than 1 other rider


The rider of a motor bike or bicycle must not ride on a road alongside more than 1 other rider, unless the rider is overtaking the other riders.

PART VII - PARKING

39. Parking sign applying to road or area


A parking sign applies to a length of road or to an area as follows:

(a) if the sign is next to the area; or

(b) if the sign has an arrow - it applies to the area or length of road from the sign in the direction of the arrow until another parking sign.

40. Driver must lock car etc


A driver who is leaving a parked vehicle must:

(a) switch off the engine; and
(b) put on the parking brake effectively; and
(c) if there is nobody in the vehicle, remove the ignition key and lock the doors, if they can be locked.

41. No stopping signs and no parking signs


(1) A driver must not stop on a length of road or in an area to which a no stopping sign applies.

(2) The driver of a vehicle must not stop on a length of road or in an area to which a no parking sign applies, unless the driver:

(a) is dropping off, or picking up, passengers or goods; and

(b) does not leave the vehicle unattended; and

(c) completes the dropping off, or picking up, of the passengers or goods, and drives on, as soon as possible and, in any case, within the required time after stopping.


(2) For this rule, a driver leaves a vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.

(3) In this rule:

"required time" means:

(a) 2 minutes; or

(b) if information on or with the sign shows another time — the shown time.

42. Stopping in or near an intersection


(1) A driver must not stop in an intersection.

(2) A driver must not stop on a road within 10 metres from the nearest point of an intersecting road, unless the driver stops:

(a) at a place on a length of road, or in an area, to which a parking sign applies and the driver is permitted to stop at that place under these Rules; or

(b) if the intersection is a T-intersection — along the continuous side of the continuing road at the intersection.


(4) For this rule, distances are measured in the direction in which the driver is driving.

43. Stopping on or near a pedestrian crossing (except at an intersection)


(1) A driver must not stop on a pedestrian crossing that is not at an intersection, or on the road within 20 metres before the crossing and 10 metres after the crossing, unless the driver stops at a place on a length of road, or in an area, to which a parking sign applies and the driver is permitted to stop at that place under these Rules.

(2) For this rule, distances are measured in the direction in which the driver is driving.

44. Stopping in a loading zone


(1) A driver must not stop in a loading zone unless the driver is driving:

(a) a bus that is dropping off, or picking up, passengers; or

(b) a truck that is dropping off, or picking up, goods.


(2) A driver who is permitted to stop in a loading zone must not stay continuously in the zone for longer than:

(a) 30 minutes; or

(b) if information on or with the loading zone signs applying to the loading zone shows another time — the shown time.

45. Stopping at a bus stop


A driver must not stop at a marked bus stop unless the driver is driving a bus.

46. Stopping near an obstruction


A driver must not stop on a road near an obstruction on the road in a position that obstructs traffic on the road.

47. Stopping on a bridge or causeway


A driver must not stop on a bridge or causeway unless the road is at least as wide on the bridge or causeway as it is on each of the approaches.

48. Stopping on or obstructing access to a footpath, driveway etc


(1) A driver (other than the rider of a bicycle) must not stop on a footpath.

(2) A driver must not stop on a road in a position that obstructs access by vehicles or pedestrians to or from a footpath ramp or a similar way of access to a footpath unless the driver is driving a public bus that is dropping off, or picking up, passengers.

(3) A driver must not stop on or across a driveway or other way of access for vehicles travelling to or from adjacent land unless the driver is dropping off, or picking up, passengers.

49. Parallel parking on a road (except in a median strip parking area)


(1) A driver who parks on a road must park the vehicle:

(a) facing in the direction of travel of vehicles in the part of the road on or next to where the driver parks; and

(b) at least 1 metre from the closest point of any vehicle in front of it and any vehicle behind it; and

(c) so the vehicle does not unreasonably obstruct the path of other vehicles or pedestrians.


(2) If the road is a two-way road, the driver must park the vehicle parallel, and as near as practicable, to the far left side of the road.

(3) If the road is a one-way road, the driver must park the vehicle parallel, and as near as practicable, to the far left or far right side of the road.

(4) If the road has a continuous dividing line or a dividing strip, the driver must park the vehicle at least 3 metres from the dividing line or dividing strip.

(5) If the road does not have a continuous dividing line or a dividing strip, the driver must park the vehicle so there is at least 3 metres of the road alongside the vehicle that is clear for other vehicles to pass.

(6) In spite of this Rule, the rider of a motor bike must park the bike so at least 1 wheel is as near as practicable to the far left or far right side of the road.

50. Angle parking


(1) If a driver parks in a parking area on the side of a road to which a parking sign applies, and information on or with the sign includes the words ‘angle parking’ the driver must park the driver’s vehicle:

(a) so the vehicle is at an angle as near as practicable to 45; and

(b) with the rear of the vehicle nearest to traffic in the part of the road where the driver parks.


(2) This rule does not apply to the rider of a motor bike.

51. Defences to parking offence


It is a defence to the prosecution of a driver for an offence against a provision of this Part if:

(a) the driver stops at a particular place, or in a particular way, to avoid a collision, and the driver stops for no longer than is necessary to avoid the collision; or

(b) the driver stops at a particular place, or in a particular way, because the driver’s vehicle is disabled, and the driver stops for no longer than is necessary for the vehicle to be moved safely to a place where the driver is permitted to park the vehicle; or

(c) the driver stops at a particular place, or in a particular way, to deal with a medical or other emergency, and the driver stops for no longer than is necessary in the circumstances; or

(d) the driver stops at a particular place, or in a particular way, because the condition of the driver, a passenger, or the driver’s vehicle makes it necessary for the driver to stop in the interests of safety, and the driver stops for no longer than is necessary in the circumstances; or

(e) the driver stops at a particular place, or in a particular way, to comply with another provision of these Rules or a provision of another law, and the driver stops for no longer than is necessary to comply with the other provision.

PART VIII - VEHICLE LIGHTS

52. Using lights when driving at night


(1) A driver must not drive at night unless:

(a) the headlights, tail lights and number plate light fitted to the driver’s vehicle are operating effectively and are clearly visible; and

(b) if the vehicle is fitted with clearance lights or side marker lights — those lights are operating effectively and are clearly visible.


(2) However, this rule does not apply to a driver if the driver’s vehicle is stopped or parked where the driver is permitted to stop or park by these Rules.

(3) A driver must not tow a vehicle at night unless:

(a) if the towed vehicle is being towed from its front:

(i) the tail lights of the vehicle are operating effectively and are clearly visible; or

(ii) the rear of the vehicle clearly shows a red light; or

(b) if the towed vehicle is being towed from its rear — the front of the vehicle clearly shows a red light.

53. Using headlights on high-beam


(1) The driver of a vehicle must not use the vehicle’s headlights on high-beam if the driver is driving:

(a) less than 200 metres behind a vehicle travelling in the same direction as the driver; or

(b) less than 200 metres from an oncoming vehicle.


(2) However, if the driver is overtaking a vehicle, the driver may briefly switch the headlights from low-beam to high-beam immediately before the driver begins to overtake the vehicle.

(3) A driver must not use any light fitted to or in the driver’s vehicle to dazzle, or in a way that is likely to dazzle, another road user.

54. Using lights on vehicles that are stopped


(1) A driver must not stop on a road at night unless:

(a) if the driver’s vehicle is 2.2 metres wide, or wider — the side marker lights fitted to the vehicle are operating effectively and are clearly visible; or

(b) in any other case — the parking lights fitted to the driver’s vehicle are operating effectively and are clearly visible.


(2) This rule does not apply to a driver if the driver stops near a street light and the driver’s vehicle is visible for at least 200 metres in all directions from the vehicle.

55. Using hazard warning lights


The driver of a vehicle fitted with hazard warning lights must not use the hazard warning lights unless:

(a) the vehicle is stopped and is obstructing, or is likely to obstruct, the path of other vehicles or pedestrians; or

(b) the vehicle is a slow-moving vehicle and is obstructing, or is likely to obstruct, the path of other vehicles or pedestrians; or

(c) the driver stops the vehicle to sell a product (for example, ice creams) that may attract children onto the road; or

(d) the vehicle is a police or emergency vehicle.

56. Using horns and similar warning devices


A driver must not use a horn fitted to or in the driver’s vehicle unless:

(a) it is necessary to use the horn to warn other road users or animals of the approach or position of the vehicle; or

(b) the horn is being used as part of an anti-theft device fitted to the vehicle.

57. Using radar detectors and similar devices


A person must not drive a vehicle if the vehicle has in or on it a device for preventing the effective use of a speed measuring device, or a device for detecting the use of a speed measuring device, whether or not the device is operating or in working order.

PART IX - RULES FOR PEDESTRIANS

58. Crossing and walking on a road


(1) A pedestrian crossing a road:

(a) must cross by the shortest safe route; and

(b) if there is a pedestrian crossing within 20 metres - must use the crossing; and

(c) must not stay on the road longer than necessary to cross the road safely.


(2) A pedestrian must not walk along a road if there is a footpath adjacent to the road, unless it is impracticable to travel on the footpath.

(3) A pedestrian walking along a road must keep as far to the left or right side of the road as is practicable.

59. Getting on or into a moving vehicle


A person must not get on, or into, a moving vehicle.

PART X - BICYCLES

60. Riding a bicycle


(1) The rider of a bicycle must:

(a) sit astride the rider’s seat facing forwards (except if the bicycle is not built to be ridden astride); and

(b) ride with at least 1 hand on the handlebars; and

(c) not carry more persons on the bicycle than the bicycle is designed to carry.


(2) The rider of a bicycle riding on a footpath must:

(a) keep to the left of the footpath unless it is impracticable to do so; and

(b) give way to any pedestrian on the footpath; and

(c) keep to the left of any oncoming bicycle rider on the path.


(3) The rider of a bicycle must not cause a traffic hazard by moving into the path of a driver or pedestrian.

(4) A person must not ride on a bicycle that is being towed by another vehicle.

(5) The rider of a bicycle must not:

(a) hold onto another vehicle while the vehicle is moving; or

(b) ride within 2 metres of the rear of a moving motor vehicle continuously for more than 200 metres.

61. Equipment on a bicycle


A person must not ride a bicycle that does not have:

(a) at least 1 effective brake; and

(b) a bell, horn, or similar warning device, in working order.

62. Riding at night


The rider of a bicycle must not ride at night unless the bicycle, or the rider, displays:

(a) a flashing or steady white light that is clearly visible for at least 200 metres from the front of the bicycle; and
(b) a flashing or steady red light that is clearly visible for at least 200 metres from the rear of the bicycle; and
(c) a red reflector that is clearly visible for at least 50 metres from the rear of the bicycle when light is projected onto it by a vehicle’s headlight on low-beam.

PART XI - SEATBELTS

63. Wearing of seatbelts


(1) This Rule applies only to a motor vehicle that is fitted with seat belts.

(2) The driver of a motor vehicle

(a) that is moving, or is stationary but not parked; and

(b) that has a seatbelt fitted for the driver’s seating position;


must wear the seat belt properly adjusted and fastened, unless the driver is:

(c) reversing the vehicle; or

(d) exempt from wearing a seatbelt.


(3) A passenger who is 16 years or older and:

(a) in a motor vehicle that is moving, or is stationary but not parked; and

(b) that has an empty seat fitted with a seatbelt;


must wear the seat belt properly adjusted and fastened unless the passenger is exempt from wearing a seatbelt.

(4) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that this rule is complied with for each passenger in or on the vehicle who is under 16 years old.

(5) If the passenger is under 1 year old, the driver must ensure that the passenger is safely held or restrained.

(6) If the passenger is between 1 and 16, the driver must ensure that the passenger is sitting in a seat fitted with a suitable seatbelt and wears the seatbelt properly adjusted and fastened.

(7) For this rule:

(a) a seating position (whether or not fitted with a seatbelt) is available in the vehicle for a passenger if it is not occupied by someone else under 16 years old; and

(b) a seatbelt is suitable for a passenger if it is suitable for restraining, or to be worn by, the passenger.

64. Exemptions


(1) A person is exempt from wearing a seatbelt if:

(a) the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and

(b) the vehicle is not travelling over 25 kilometres per hour.


(2) A person is exempt from wearing a seatbelt if:

(a) the person is carrying a certificate stating that the person is not required to wear a seatbelt; and

(b) the person is complying with the conditions (if any) stated in the certificate.


(3) A person is exempt from wearing a seatbelt if the person is a passenger in a police or emergency vehicle.

PART XII - GENERAL

65. How persons must travel in or on a motor vehicle


(1) A person must not travel in or on a part of a motor vehicle that is not a part designed primarily for the carriage of passengers or goods.

(2) A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle, unless the person is the driver of the vehicle and is giving a hand signal for changing direction or stopping, as required by these Rules.

(4) The driver of a motor vehicle must not drive with a passenger if any part of the passenger’s body is outside a window or door of the vehicle.

(5) This rule does not apply to a person who is:

(a) in or on a police or emergency vehicle; or

(b) on a motor bike; or

(c) engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, in or on a motor vehicle that is not travelling over 25 kilometres per hour.

66. Opening doors and getting out of a vehicle etc


(1) A person must not get off, or out of, a moving motor vehicle, unless the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and the vehicle is not travelling over 5 kilometres per hour.

(2) A person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or getting off, or out of, a vehicle.

(3) The driver of a bus must not drive the bus unless the doors of the bus are closed while the bus is moving.

67. Riding on motor bikes


(1) The rider of a motor bike that is moving must:

(a) sit astride the rider’s seat facing forwards; and

(b) ride with at least 1 hand on the handlebars; and

(c) if the motor bike is moving — keep both feet on the footrests designed for use by the rider of the motor bike.


(2) A passenger on a motor bike (except a passenger in a sidecar) that is moving must:

(a) sit astride the pillion seat facing forwards; and

(b) keep both feet on the footrests designed for use by a pillion passenger on the motor bike.


(3) The rider of a motor bike must not ride with a passenger (except a passenger in a sidecar) unless the passenger complies with subrule (2).

(4) The rider of a motor bike must not ride with more than 1 passenger (excluding any passenger in a sidecar).

(5) The rider of a motor bike must not ride with more passengers in a side car than the sidecar is designed to carry.

68. Interfering with the driver’s control of the vehicle etc


A passenger in or on a vehicle must not:

(a) interfere with the driver’s control of the vehicle; or

(b) obstruct the driver’s view of the road or traffic.

69. Driving on a footpath


(1) A driver (except the rider of a bicycle) must not drive on a footpath, unless:

(a) the driver is entering or leaving adjacent land by the shortest practicable route; or

(b) the driver is permitted to drive on the footpath under another law.


(2) A driver on a footpath (except the rider of a bicycle, or a driver entering or leaving a road from adjacent land, or entering or leaving adjacent land from a road) must give way to all other road users on the path.

70. Making unnecessary noise or smoke


A person must not start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke.

71. Insecure or overhanging load


A driver must not drive or tow a vehicle if the vehicle is carrying a load that:

(a) is not properly secured to the vehicle; or

(b) is placed on the vehicle in a way that causes the vehicle to be unstable; or

(c) projects from the vehicle in a way that is likely to injure a person, obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface).

72. Removing fallen etc things from the road


(1) This rule applies to a driver if:

(a) something falls onto the road from the driver’s vehicle, or the driver, or a passenger in or on the driver’s vehicle, puts something on the road; and

(b) there is a possibility that the thing, if left on the road, may injure a person, obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface).


(2) The driver must remove the thing, or take action to have the thing removed, from the road as soon as the driver can do so safely.

73. Towing a vehicle


(1) The driver of a motor vehicle must not tow another motor vehicle unless:

(a) either:

(i) the driver can control the movement of the towed vehicle; or

(ii) the brakes and steering of the towed vehicle are in working order and a person who is licensed to drive the towed vehicle is sitting in the driver’s seat of the towed vehicle, and is in control of its brakes and steering; and

(b) it is safe to tow the towed vehicle.


(2) The driver of a motor vehicle must not tow a trailer or handcart unless:

(a) the driver can control the movement of the trailer or handcart; and

(b) it is safe to tow the trailer or handcart.


(3) The driver of a motor vehicle towing another vehicle using a towline must keep the following distance between the 2 vehicles:

(a) if neither of the vehicles is a motor bike - not over 4 metres; and

(b) if at least 1 of the vehicles is a motor bike - not over 2.5 metres.


(4) If the towline is longer than 2 metres, the driver must attach to the towline a white or brightly coloured piece of cloth that is:

(a) mainly square or rectangular, with 2 adjacent sides measuring at least 300 millimetres long; and

(b) attached midway along the towline; and

(c) visible for at least 100 metres from either side of the warning material.

74. Driving a vehicle in reverse


(1) The driver of a vehicle must not reverse the vehicle unless the driver can do so safely.

(2) The driver of a vehicle must not reverse the vehicle further than is reasonable in the circumstances.

75. Driver to have proper control of a vehicle etc


(1) A driver must not drive a vehicle unless the driver has proper control of the vehicle.

(2) A driver must not drive a motor vehicle unless the driver has a clear view of the road, and traffic, ahead, behind and to each side of the driver.

(3) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a hand-held mobile phone while the vehicle is moving.


(4) A driver must not drive a motor vehicle that has a television receiver or visual display unit in the vehicle operating while the vehicle is moving, if any part of the image on the screen:

(a) is visible to the driver from the normal driving position; or

(b) is likely to distract another driver.

76. Driving with a person in a trailer or handcart


A driver must not drive a motor vehicle towing a trailer or handcart with a person in or on the trailer, or handcart unless:

(a) the driver is not driving faster than 20 kilometres an hour; and

(b) the driver can do so safely.

77. Direction by a police officer or authorised person


(1) A person must obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer, whether or not the person may contravene another provision of these Rules by obeying the direction.

(2) It is a defence to the prosecution of a person for an offence against a provision of these Rules if, at the time of the offence, the person was obeying a direction given to the person under subrule (1).

78. Exemption for drivers of police and emergency vehicles


A provision of these Rules does not apply to the driver of a police or emergency vehicle if:

(a) the driver is driving the vehicle in the course of his or her duty; and

(b) in the circumstances:

(i) the driver is taking reasonable care; and

(ii) it is reasonable that the provision should not apply; and

(c) if the vehicle is a motor vehicle that is moving — the vehicle is displaying a flashing light or sounding an alarm;

(d) if the vehicle is parked - it is reasonable in the circumstances to park the vehicle in that place.

79. Traffic signs and other traffic control devices


(1) The traffic control devices shown in the Attachment are traffic control devices for the purposes of these Rules.

(2) A traffic control device of a kind mentioned in these Rules has effect if:

(a) the device is on a road; and
(b) the device complies substantially with the Rules.


(3) A traffic control device is taken to comply substantially with these Rules unless the contrary is proved.

(4) A traffic sign complies substantially with these Rules if:

(a) it is a reasonable likeness of a diagram in Attachment of that kind of traffic sign; or

(b) for a traffic sign for which there is not a diagram in the Attachment — it complies substantially with a description of that kind of traffic sign in these Rules.


(5) A traffic control device (except a traffic sign) complies substantially with these Rules if the device complies substantially with a description of the traffic control device in the Attachment.

(6) A traffic sign may be a reasonable likeness of a diagram of a kind of traffic sign mentioned in these Rules even though:

(a) the dimensions of the sign, or of anything on the sign, are different; or

(b) the sign has additional information on or with it; or

(c) the number on the sign is different; or

(d) the sign is combined with 1 or more other traffic signs.


(7) A traffic control device may show any of the following:

(b) the times, days or circumstances when it applies or does not apply;

(c) the lengths of road or areas where it applies or does not apply;

(d) the persons to whom it applies or does not apply;

(e) the vehicles to which it applies or does not apply;

(f) any other information.


(8) A traffic control device near a road is taken to be on the road (for example, a speed limit sign on a post beside the road).

(9) However, the device is taken to be on the road only if it is clearly visible to road users to whom it is designed to apply.

ATTACHMENT TO ROAD RULES

TRAFFIC SIGNS

Speed-limit sign
End speed-limit sign

Speed derestriction sign

Do not overtake turning vehicle signs



No U-turn sign
(Standard sign)

U-turn permitted sign

Hand-held stop signs

Pedestrian crossing sign

Left turn only sign
Left lane must turn left sign

Right turn only sign
Right lane must turn right sign

No turns sign

No left turn sign
(Standard sign)
No right turn sign
(Standard sign)

No overtaking or passing sign
End no overtaking or passing sign

No overtaking on bridge sign

One-way sign
Two-way sign

Keep left sign
Keep right sign

No entry sign

Stop sign

Give way sign

No parking signs

No parking sign
(for a length of road)
No parking sign
(for an area)

No stopping signs

No stopping sign
(for a length of road)
No stopping sign
(for an area)

Loading zone sign

Bus zone sign

Permissive parking sign
(for a length of road)
Permissive parking sign
(for an area)

-------------------------------------

TRAFFIC ACT 2002

EXPLANATORY MEMORANDUM


This Act replaces the Traffic Ordinance (Cap 98). Kiribati has over the past years experienced an influx of imported motor vehicles, mainly cars and buses concentrated in South Tarawa, a trend which is likely to continue. With the condition of the road on South Tarawa at present, accidents are frequent especially by private buses whose drivers frequently disregard the speed limit and other road users. Accidents have cost lives. These accidents have been caused through careless driving and a general disregard for the rules of the road. The situation is not helped by the fact that while penalties in the existing Traffic Ordinance were increased last year, the existing Ordinance as a whole dates from 1952. Many of its provisions are out of date, complex and difficult to administer.

The main object of this Act is to provide a clear system of road rules to control road traffic, to provide an up-dated system for registration of motor vehicles and licensing of drivers, to provide increased penalties for serious offences and a simplified method of fines for lesser offences.

This Act is divided into Parts, as follows:

Part I - Preliminary

Part I defines the terms used in the Act (section 4). Section 6 allows the Minister to appoint a Licensing Authority to register motor vehicles and issue driver licences. The Minister may appoint separate authorities for different parts of Kiribati. This will enable the Minister to appoint local councils as the Licensing Authority for their areas.

Part II - Registration of Motor Vehicles

Part II deals with the registration of motor vehicles and bicycles. It reflects the existing provisions in the Traffic Ordinance, but also provides for defect notices to be given by the Authority or a police officer for unroadworthy vehicles. The Authority is given power to cancel registration if a person does not have their vehicle repaired as required by a defect notice (section 18). It is an offence to drive an unregistered vehicle (section 7), or to drive a vehicle without number plates (section 7) or with the wrong number plates (section 17).

Part III - Licensing of Drivers.

Part III deals with learner permits and driver licences. A learner permit is required before a person can learn to drive a motor vehicle on a road. Additional conditions have been imposed on persons applying for a licence to drive a bus or a commercial vehicle by section 24 (commercial) and section 25 (bus). An applicant for one of these licences must satisfy the Authority that he or she is competent to drive a bus or commercial vehicle. To get a bus licence, the person must have held an ordinary driver licence for at least 2 years, and must not have been convicted of a serious traffic offence in the previous 5 years. It is an offence to drive without a licence (section 19).

Part IV - Road Rules

Part IV states that the Road Rules as set out in the Schedule to the Act apply in Kiribati. Because the Road Rules are long and very detailed, it is more appropriate to set them out in a separate Schedule. The Road Rules deal with general behaviour on the road, including matters such as keeping to the left, obeying traffic signs (stop signs, give way signs), obeying speed limits, indicating before turning, parking, and other matters. They also include diagrams of the usual traffic signs.

Part V - Offences

Part V has 3 Divisions. Division 1 deals with general traffic offences, including serious offences such as dangerous driving (section 31) and negligent driving (section 32), and breaches of the Road Rules (section 34). New provisions aimed at bus operators and bus drivers are in sections 37 and 38. Section 37 makes it an offence for a bus operator to employ an unlicensed person as a bus driver, to employ a bus driver if he has been convicted of a serious traffic offence within the last 5 years, or to encourage a driver to speed or carry too many passengers. Section 38 requires a bus driver to pull off the road when stopping, and to stop only at marked bus stops where there are any.

Part V Division 2 contains detailed provisions dealing with driving under the influence of alcohol or another drug. It provides for a person’s alcohol level to be measured by a breathalyser (section 40) or a blood test (section 41) and, if neither are available, it sets out criteria to judge a person’s condition (section 43). The detailed procedures for breath and blood tests are left to the regulations. This has the advantage of allowing flexibility to deal with advances in technology. While it is recognised that Kiribati does not currently have breathalyser equipment, this approach will allow Kiribati to take advantage of breathalyser equipment when it becomes available, while only needing to amend the Regulations. Division 2 also deals with the offence of driving under the influence.

Division 3 introduces the concept of penalty notices for minor traffic offences. This system will allow police officers to issue a penalty notice on the spot for persons who breach the Road Rules. The notice must set out details of the offence, the amount of the penalty (penalty amounts are fixed in section 48), and state that the penalty is to be paid to the Kiribati government at the place stated in the notice. (The penalty is not payable to the police officer.) A person will have 21 days to pay. Failure to pay can result in prosecution and a higher penalty. This will have the effect that minor breaches of traffic rules can be dealt with simply, without needing to prosecute in a court. A person who disputes the offence can always choose to go to court.

Part 6 - Miscellaneous

This Part gives the court power to suspend and cancel driver licences (section 56), imposes a duty to report accidents (section 59), and provides for review by a magistrate’s court of the Authority’s decisions to refuse registration or a licence (section 60). It also gives the Minister power to make Regulations (section 61). Section 62 repeals the Traffic Ordinance, but provides for the provisions of Part IIA of the Ordinance to continue in force. This Part deals with heavy vehicles.

Michael N Takabwebwe
Attorney General
12 November 2001


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