PacLII Home | Databases | WorldLII | Search | Feedback

Palau Consolidated Legislation

You are here:  PacLII >> Databases >> Palau Consolidated Legislation >> Vehicles - Title 42

Database Search | Name Search | Noteup | Download | Help

Vehicles - Title 42

REPUBLIC OF PALAU


TITLE 42
VEHICLES


Chapter 1
General Provisions


§ 101. Definitions.
§ 102. Penalties for violation of title.


§ 101. Definitions.


In this title:


(a) Crosswalk means that portion of a roadway ordinarily included within the prolongation or connection of curb lines or lateral boundary lines of highways and property lines at intersections, or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the surface.


(b) Director means the Director of the Bureau of Public Safety.


(c) Foreign vehicle means every motor vehicle or trailer which shall be brought into the Republic and which has not been registered therein.


(d) Intersection means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other.


(e) Metal tires means all tires the surface of which in contact with the highway are wholly or partly of metal or other hard, non-resilient material.


(f) Motor vehicle means every vehicle, as defined in this section, which is self-propelled.


(g) Official traffic signs means all signs and markings not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of guiding, directing, warning or regulating traffic.


(h) Operator means every person who is in actual physical control of a motor vehicle upon a highway.


(i) Owner means a person who holds the legal title to a vehicle. If a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.


(j) Person means every natural person, firm, copartnership, association or corporation.


(k) Policeman means any member of the Bureau of Public Safety authorized to act as a police officer.


(l) Right of way means the privilege of the immediate use of the highway.


(m) Street or highway means every way or place of whatever nature open to the use of the public, as matter of right, for purposes of vehicular travel.


(n) Superintendent means the superintendent of public safety or his authorized agents and employees.


(o) Trailer means every vehicle without motor power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.


(p) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.


Source
(Code 1966, § 810.) 83 TTC § 1, terms put into alphabetical order and section modified.


§ 102. Penalties for violation of title.


It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this title, and, unless otherwise specifically provided herein, upon conviction thereof the violator shall be punished by a fine of not more than $100.00, or imprisonment for not more than 30 days, or both.


Source
(Code 1966, § 816.) 83 TTC § 2.


Chapter 2
Registration of Vehicles


§ 201. Application.
§ 202. Records.
§ 203. Transfer.
§ 204. Fees.
§ 205. Cards.
§ 206. Display of plates.
§ 207. Expiration and renewal.


§ 201. Application.


Notwithstanding 37 PNC 403 and 15 PNC 311, every owner of a motor vehicle intended to be operated on any highway of the Republic, including all agencies of the National Government, all state governments and all public corporations, shall, before the motor vehicle is so operated, apply to the Director of the Bureau or his designate for registration and obtain registration of the motor vehicle; provided, that state governments shall not be assessed any registration fee pursuant to 42 PNC 204 or regulation provided the vehicle passes registration inspection and displays an official state government license plate. Application for registration of a vehicle shall be made on the prescribed form and shall be signed by the owner and contain his residence address and a brief description of the vehicle to be registered, including the name of the maker, the engine and serial number, and whether the vehicle is new or used. The owner of any foreign vehicle shall exhibit such evidence as will satisfy the Director that the applicant is the lawful owner of the vehicle.


Source
(Code 1966, § 811(a).) 83 TTC § 51, modified. Amended by RPPL 5-7 § 48. Amended by RPPL 5-34 § 38(b).


§ 202. Records.


(a) The Director shall file each application received, and shall register the vehicle therein described and the owner thereof on index cards as follows:


(1) numerically, under a distinctive registration number assigned to the vehicle and the owner thereof, and


(2) alphabetically, under the name of the owner.


(b) All registration and license records in the office of the Director shall be public records and shall be open for inspection by the public during business hours.


Source
(Code 1966, § 811 (b).) 83 TTC § 52, modified.


§ 203. Transfer.


An owner upon transferring a registered vehicle shall endorse the name and address of the transferee and the date of transfer upon the reverse side of the registration card issued for such vehicle and shall immediately forward such card to the Director. The transferee, before operating or permitting the operation of such vehicle upon a highway, shall apply and obtain the registration thereof as upon an original registration. In the event of a transfer by inheritance, devise, bequest, execution, sale or repossession upon default of performance of an agreement of sale of a registered vehicle, the registration thereof shall expire and said vehicle shall not be operated upon the highways until and unless the person entitled thereto shall apply for and obtain the registration thereof.


Source
(Code 1966, § 811(f).) 83 TTC § 53, modified.


§ 204. Fees.


(a) There shall be paid to the Director for the registration of motor vehicles the following fees:


(1) motorcycle, $2.50;


(2) jeep, sedan, and other vehicles not specified in paragraph (3) of this subsection, $5.00;


(3) pickups, trucks, buses, and others not specified in the foregoing subsections according to weight in pounds at the time of original sale in the Republic:


(A) under 2,000 pounds or fraction thereof, $7.50;


(B) from 2,000 to 2,999 pounds or fraction thereof, $10.00;


(C) from 3,000 to 5,999 pounds or fraction thereof, $15.00;


(D) from 6,000 to 7,499 pounds or fraction thereof, $20.00;


(E) from 7,500 pounds and over, $25.00.


(b) All such fees shall be collected by the Director or his duly authorized representative and shall be deposited in the National Treasury.


Source
(Code 1966, § 811(g).) 83 TTC § 54, modified.


§ 205. Cards.


The Director shall issue to the owner a registration card which shall contain upon the face thereof the date issued, the registration number, the name and address of the owner, and a description of the registered vehicle, including the engine number. The registration card shall at all times, while the vehicle is being operated upon a highway, be carried in the vehicle.


Source
(Code 1966, § 811(c).) 83 TTC § 55, modified.


§ 206. Display of plates.


Every owner whose vehicle shall be registered shall display a number plate issued by the Director showing the registration number and year. Such plate shall be attached to the rear of said vehicle.


Source
(Code 1966, § 811(d).) 83 TTC § 56, modified.


§ 207. Expiration and renewal.


Every vehicle registration under this chapter shall expire one year from the date of the registration and shall be renewed annually upon application by the owner and by payment of the fees required. Any vehicle owner who renews their registration thirty (30) days past the vehicle registration date shall be charged a ten dollar ($10) fee when renewing the vehicle registration. However, any vehicle owner who renews their registration past the vehicle registration date who can prove through bills, receipts, or other forms of documentation, that the late registration is due to mechanical repair or any other reasonable justification to be determined by the Director of the Bureau of Public Safety, shall only be charged the applicable registration fee when renewing the vehicle registration.


Source
(Code 1966, § 811(e).) 83 TTC § 57 as amended by RPPL 4-11 § 1. Amended by RPPL 7-36 § 2.


Chapter 3
Violation of License and Registration Provisions


§ 301. Failure to display plate or possess card; lending plate or card; fraud in application.


§ 301. Failure to display plate or possess card; lending plate or card; fraud in application.


It shall be unlawful and constitute a misdemeanor for any person to:


(a) operate upon a highway any motor vehicle which is not registered in the Republic or which does not have attached thereto the Republic number plate;


(b) display or to have in possession any registration card or number plate or operator's license knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered;


(c) lend to one not entitled thereto any registration card or number plate or operator's license;


(d) use a false or fictitious name or address in any application for an operator's license or for the registration of any vehicle or otherwise commit a fraud in any such application.


Source
(Code 1966, § 815(g); P.L. No. 7-73, § 1.) 83 TTC § 101, modified.


Chapter 4
Licensing of Operators


§ 401. License required; fees; breadth or privilege granted by license; appropriation.
§ 402. Exemptions; period before new arrivals required to have license.
§ 403. Ineligible persons.
§ 404. Classes; age requirements.
§ 405. Learner's permits and fees.
§ 406. Contents of application.
§ 407. Examination of applicants.
§ 408. Register of operator; notation of class to be included on license.
§ 409. Possession of license.
§ 410. Term.
§ 411. Suspension or revocation.
§ 412. Driving while license suspended or revoked.


§ 401. License required; fees; breadth or privilege granted by license; appropriation.


(a) No person except those expressly exempted in this chapter shall drive any motor vehicle upon a highway in the Republic unless such person has been licensed as an operator under this chapter. A fee of twenty five dollars ($25.00) shall be paid to the Director for each such license issued and deposited into a revolving fund designated as the "Operator License Fund." Said fund shall be used to pay for the costs to produce vehicle operators' licenses. All unused or unobligated funds in excess of ten thousand dollars ($10,000.00) contained in the fund at the end of the fiscal year shall revert to the National Treasury. The Bureau of Public Safety shall report at the end of each fiscal year to the Olbiil Era Kelulau on the total number of licenses issued, the amount of funds collected, the total amount of funds expended from this fund, and the purposes for which funds were expended.


(b) The fees collected pursuant to 42 PNC 401 are authorized to be appropriated and appropriated from year to year for deposit into the Operator License Fund, which shall be segregated and separate from all other funds and accounts in the National Treasury Funds in the Operator License Fund shall not be commingled with other funds in the National Treasury. The Operator License Fund shall be administered by the Director of the Bureau of Public Safety. Funds may be disbursed from the Operator License Fund to pay the costs of producing vehicle operator licenses, not to include salaries or any other form of compensation to Bureau of Public Safety personnel or other costs unrelated to producing vehicle operator licenses. All funds in excess of ten thousand dollars ($10,000.00) remaining in the Operator License Fund at the end of each fiscal year shall revert to the General Fund in the National Treasury as unrestricted revenues.


Source
(Code 1966, § 812(a).) 83 TTC § 151, as amended by RPPL 4-16 § 3, modified. Amended in its entirety by RPPL 7-1 §§ 2 and 3, modified.


§ 402. Exemptions; period before new arrivals required to have license.


Every person in the service of the army, navy, or marine corps of the United States, when furnished with an official driver's permit and when operating an official motor vehicle, shall be exempt from license under this chapter. A nonresident over the age of 16 years who has been duly licensed as an operator in his home state, territory or country and who has in his immediate possession a valid operator's license shall for 30 days from the time of his entry into the Republic be permitted without examination under this chapter to drive a motor vehicle upon the highways of the Republic, after which time such nonresident must have a valid operator's license in accordance with section 401 of this chapter except that no examinations shall be required.


Source
(Code 1966, § 812(b).) 83 TTC § 152, modified.


§ 403. Ineligible persons.


An operator's license shall not be issued to any person:


(a) under the age of 16 years;


(b) determined to be an habitual drunkard or addicted to the use of narcotic drugs;


(c) previously adjudged insane or an idiot, imbecile, epileptic or feebleminded; or


(d) afflicted with or suffering from such physical or mental disability or disease as to prevent such person from exercising ordinary control over a motor vehicle while operating the same.


Source
(Code 1966, § 812(c).) 83 TTC § 153.


§ 404. Classes; age requirements.


(a) The following classes of operators' licenses are established:


(1) all motorcycles, motor scooters, or motor bikes.


(2) all vehicles not specified elsewhere in this subsection having a gross weight of three thousand (3,000) pounds or less.


(3) all vehicles not specified elsewhere in this subsection having a gross weight of more than three thousand (3,000) pounds.


(4) all vehicles of a nature intended primarily for off-road agricultural, industrial, or construction use.


(5) all vehicles of a capacity of ten (10) or more passengers while in use in conveying school children to and from school.


(6) all vehicles in use as passenger-carrying conveyances for hire.


(b) No operator's license or learner's permit shall be issued for any class of license specified in subsection (a) of this section unless the applicant therefor shall have complied with all applicable provisions of this chapter, and


(1) shall have attained the age of


(A) sixteen (16) years, in the case of an operator's license or learner's permit issued under paragraphs (1), (2), (3), or (4) of subsection (a) of this section; or


(B) twenty-one years, in the case of an operator's license or learner's permit issued under paragraphs (5) or (6) of subsection (a) of this section; and


(2) in the case of operator's licenses or learner's permits issued under paragraphs (4), (5), or (6), of subsection (a) of this section, shall also be the holder of an operator's license issued under paragraph (3) of subsection (a) of this section.


(c) An operator's license or learner's permit issued for any class enumerated in subsection (a) of this section shall be valid only for the operation of vehicles included in that class except that operator's licenses or learner's permits issued under paragraphs (2) or (3) thereof shall also be valid as licenses or permits to operate vehicles in any of the preceding paragraphs of that subsection.


Source
(Code 1966, § 812(d); P.L. No. 4C-79, § 1.) 83 TTC § 154, modified.


§ 405. Learner's permits and fees.


(a) Upon receiving from any person qualified under the provisions of this chapter an application for a temporary learner's permit in any class, the Director shall issue such permit after examining such person as to his physical and mental qualifications to operate a motor vehicle in the class applied for.


(b) Learner's permits shall be valid for sixty (60) days from the date of their issue, or until sooner cancelled by law or suspended or revoked, or until the holder thereof has successfully qualified for an operator's license of the same class as the learner's permit.


(c) The holder of a learner's permit shall be permitted to operate a motor vehicle of the class for which the permit is issued when accompanied by a driver licensed to operate motor vehicles of the same class.


(d) A fee of ten dollars ($10) shall be paid to the Director for each permit issued. All such fees shall be deposited in the National Treasury.


Source
(Code 1966, § 812(e); P.L. No. 4C-79, § 2.) 83 TTC § 155, as amended by, RPPL 4-16 § 3, modified.


§ 406. Contents of application.


Every application for an operator's license shall state the name, age, sex and residence of the applicant and whether or not the applicant has heretofore been licensed and when and by what state, and whether or not such license has ever been suspended or revoked and the date of and reason for suspension or revocation. Upon issuance, the operator's license number shall be the same as the applicant's Social Security Number.


Source
(Code 1966, § 812(f).) 83 TTC § 156, as amended by RPPL 4-16 § 3, modified.


§ 407. Examination of applicants.


(a) The Director or his duly authorized representative, before issuing an operator's license, shall examine each applicant for an operator's license of any class as to his physical and mental qualifications to operate a motor vehicle in the class applied for.


(b) The Director shall issue or cause to be issued, in the manner which is or may be provided by law, regulations consistent with the provisions of this chapter pertaining to the nature of qualifications required under this section.


Source
(Code 1966, § 812(g); P.L. No. 4C-79, § 3.) 83 TTC § 157, modified.


§ 408. Register of operator; notation of class to be included on license.


(a) The Director shall file every application for an operator's license or learner's permit and shall index the same by name, number, and class of license or permit. He shall maintain suitable records of all licenses issued, all applications for licenses denied, all violations of this title, and all suspensions or revocations of licenses or permits under the provisions of this title.


(b) The Director shall note or cause to be noted on each operator's license or learner's permit the class of the said license or permit, and the type of vehicles which may and may not lawfully be operated under the said license or permit.


Source
(Code 1966, § 812(h); P.L. No. 4C-79, § 4.) 83 TTC § 158, modified.


§ 409. Possession of license.


Every person licensed as an operator shall have such license in his immediate possession at all times when driving a motor vehicle.


Source
(Code 1966, § 812(i).) 83 TTC § 159.


§ 410. Term.


Every operator's license issued shall be valid for five years from the date of issue unless suspended or revoked as provided in this chapter. The five-year term of validity applies to operator's licenses issued on or after the effective date of this section, as amended.


Source
(Code 1966, § 812(e).) 83 TTC § 160. Amended by RPPL 7-1 § 4.


§ 411. Suspension or revocation.


The court in which the case is prosecuted may, in its discretion, suspend or revoke the license of any person convicted of any criminal offense involving the operation of a motor vehicle by such person. The President may, in his discretion, suspend the license for a period not exceeding one year, or revoke the license of any person for good cause. Any person whose license is revoked under this chapter shall not be entitled to apply for or receive any new license until the expiration of one year from the date such former license was revoked.


Source
(Code 1966, § 812(k).) 83 TTC § 161, modified.


§ 412. Driving while license suspended or revoked.


Any person whose operator's license has been suspended or revoked and who drives any motor vehicles upon the highways of the Republic while such license is suspended or revoked shall be guilty of a misdemeanor.


Source
(Code 1966, § 812(l).) 83 TTC § 162, modified.


Chapter 5
Traffic Regulations


§ 501. Applicability of chapter.
§ 502. Obedience to police officers.
§ 503. Erection and maintenance of signs and markers.
§ 504. Obedience to traffic signs.
§ 505. Interference with official traffic signs.
§ 506. Driving on right side of roadway; overtaking and passing.
§ 507. Following too closely.
§ 508. Right-of-way; approaching or entering intersection; turns at intersections; entering highway.
§ 509. Same; pedestrians' right-of-way.
§ 510. Signals on stopping or turning.
§ 511. Speed limits.
§ 512. Negligent driving.
§ 513. Reckless driving.
§ 514. Persons under the influence of drugs or intoxicating liquor.
§ 515. Stopping, standing and parking.
§ 516. Conditions for leaving vehicle unattended on highway.
§ 517. Obstruction of driver's view or driving mechanism.
§ 518. Driving vehicle without owner's consent or proper authorization.
§ 519. Injuring, tampering with, etc., vehicle.
§ 520. Transporting passengers in truck bed; restrictions.
§ 521. Failure to stop for school bus.


§ 501. Applicability of chapter.


The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States or the Republic except as provided in section 402 of this title. Every person riding a bicycle or an animal upon a roadway, and every person driving an animal, shall be subject to the provisions of this chapter.


Source
(Code 1966, § 815(j).) 83 TTC § 201, modified.


§ 502. Obedience to police officers.


It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of any policeman with authority to direct, control or regulate traffic.


Source
(Code 1966, § 815(h).) 83 TTC § 202.


§ 503. Erection and maintenance of signs and markers.


The President may cause appropriate signs to be erected and maintained designating business, school and residential districts, and such other signs and markings, consistent with the provisions of this title, as may be necessary to direct and regulate traffic, including signs notifying drivers of vehicles to stop before entering or crossing highways designated as through highways, and such additional signs as may be appropriate under the provisions of this title.


Source
(Code 1966, § 814(f).) 83 TTC § 203, modified.


§ 504. Obedience to traffic signs.


It shall be unlawful for the driver of any vehicle to disobey the instructions of any official traffic sign placed in accordance with these provisions unless otherwise directed by a policeman.


Source
(Code 1966, § 814(f); Code 1970, title 83, § 252.) 83 TTC § 204.


§ 505. Interference with official traffic signs.


It shall be unlawful for any person to deface, injure, knock down or remove any official traffic sign placed or erected as provided in this chapter.


Source
(Code 1966, § 815(c); Code 1970, title 83, § 253.) 83 TTC § 205.


§ 506. Driving on right side of roadway; overtaking and passing.


Upon all highways of sufficient width, other than one-way highways, the driver of a vehicle shall drive that vehicle upon the right half of the highway except when the right half is impassable or when overtaking and passing another vehicle proceeding in the same direction, in which case he shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle. The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction unless the left side of the highway is clearly visible and free of oncoming traffic for a distance of three hundred (300) feet.


Source
(Code 1966, § 814(b); Code 1970, title 83, § 301.) 83 TTC § 206, modified.


§ 507. Following too closely.


The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traffic upon and condition of the highway.


Source
(Code 1966, § 814; Code 1970, title 83, § 302.) 83 TTC § 207.


§ 508. Right-of-way; approaching or entering intersection; turns at intersections; entering highway.


The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection. When two vehicles enter an intersection at the same time the driver of the vehicle on the left shall yield to the driver on the right. The driver of a vehicle within an intersection intending to turn to the left shall yield to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. The driver of a vehicle entering a public highway from a private road or driveway or from any unpaved road to a paved road shall yield the right-of-way to all vehicles approaching on such public highway or paved road. The driver of a vehicle upon a highway shall yield the right-of-way to emergency vehicles.


Source
(Code 1966, § 814(c).) 83 TTC § 208.


§ 509. Same; pedestrians' right-of-way.


The driver of any vehicle shall yield the right-of-way to a pedestrian on any portion of an unpaved road or crossing within any marked or unmarked crosswalk of a paved road. This provision, however, shall not relieve the driver of a vehicle or the pedestrian from the duty to exercise due care.


Source
(Code 1966, § 814(d); Code 1970, title 83, § 401.) 83 TTC § 209.


§ 510. Signals on stopping or turning.


The driver of any vehicle upon a highway intending to stop or turn from a direct line shall give signals thereof either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device. When a motor vehicle is equipped with illuminated directional signal devices front and rear, and stop signal lamp or lamps on rear, such devices, when in proper working order, may be used in lieu of such hand and arm signals. Otherwise the following hand and arm signals shall be used:


(a) stopping: extend the left hand and arm downward from and beyond the left side of the vehicle at an angle of forty five (45) degrees from the horizontal.


(b) left turn: extend the left hand and arm horizontally from and beyond the left side of the vehicle.


(c) right turn: extend the left hand and arm horizontally from and beyond the left side of the vehicle with forearm extending upward at an angle of ninety (90) degrees from the horizontal.


Source
(Code 1966, § 814(e); Code 1970, title 83, § 451.) 83 TTC § 210, modified.


§ 511. Speed limits.


(a) No person shall drive a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to the traffic, surface and width of the highway and the hazard at intersections and any other conditions then existing. Any person who drives a vehicle upon a highway at a speed in excess of that indicated in this section for the particular location shall be guilty of misdemeanor. Except where otherwise designated by the President, said indicated speeds are as follows:


(1) fifteen miles per hour: when passing a school building or the grounds thereof, during the school recess or while children are going to or leaving school during opening or closing hours; when passing a church; when passing public processions or assemblages on or near any highway.


(2) twenty miles per hour: in any business or residential district.


(3) twenty-five miles per hour: outside of a business or residential district.


(b) The President is hereby authorized in his discretion to establish by regulation higher speed limits than those indicated herein upon highways or between widely spaced intersections, or lower speed limits than those indicated herein, in particularly hazardous areas, if signs are erected giving notice of the speed limit so established.


(c) Regulations authorized under the provisions of this section shall be issued in accordance with the provisions of law governing the promulgation of administrative regulations.


(d) The speed limits set forth herein shall not apply to emergency vehicles when operated in emergencies and when the drivers thereof sound audible signal by horn, bell, siren or exhaust whistle. This provision, however, shall not relieve the driver of an emergency vehicle from the responsibility to drive with due regard for the safety of all persons using the street, road or highway.


(e) Any person convicted of a violation of this section shall be punished by imprisonment for not more than 30 days, or by a fine of $200.00, or both; for a second conviction of a violation of this section occurring within one year of a prior conviction under this section such person shall be punished by imprisonment for not more than 30 days or by a fine of $400.00, or both; upon a third or subsequent conviction of a violation of this section occurring within one year of the first two prior convictions under this section such person shall be punished by imprisonment for not more than 30 days, or by a fine of $1,000.00, or both, and shall have his license revoked.


Source
83 TTC § 211, as amended by RPPL 1-57 § 1, modified.


§ 512. Negligent driving.


It shall be unlawful and constitute a misdemeanor for any person to drive a vehicle upon a highway in such a manner as to constitute a substantial deviation from the standard of care which a reasonable person would exercise in the situation.


Source
(Code 1966, § 815(b); Code 1970, title 83, § 551.) 83 TTC § 212(1), modified.


§ 513. Reckless driving.


It shall be unlawful and constitute a misdemeanor for any person to drive a vehicle upon a highway recklessly or with gross, wilful or wanton disregard of the lives or safety of the public.


Source
(Code 1966, § 815(b); Code 1970, title 83, § 551.) 83 TTC § 212(2), modified.


§ 514. Persons under the influence of drugs or intoxicating liquor.


(a) It shall be unlawful for any person who is under the influence of intoxicating liquor or alcohol, or narcotic drugs, to drive any vehicle upon any highway within the Republic of Palau. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment for not less than one (1) day and not more than one (1) year, and by a fine of up to one thousand dollars ($1,000), and shall have his or her license suspended for one year; and shall do community service for not more than sixty (60) hours; for a second conviction of a violation of this section occurring within two (2) years of a prior conviction under this section, such person shall be punished by imprisonment for not less than twenty (20) days and not more than one (1) year, and by a fine of up to two thousand five hundred dollars ($2,500), and shall have his or her license suspended for two (2) years, and shall do community service for not more than one-hundred twenty (120) hours; upon a third or subsequent conviction of a violation of this section occurring within two (2) years of the second conviction under this section such person shall be punished by imprisonment for not less than ninety (90) days and not more than one (1) year, and by a fine of up to five thousand dollars ($5,000), and shall have his or her license revoked; and shall do community service for not more than two hundred (200) hours. As part of the sentence for a conviction of a violation of this section, the court may in its discretion require the convicted person to participate in a drug or alcohol rehabilitation program.


(b) Any person whose license has been revoked under this section shall not be entitled to apply for or receive any new license until the expiration of three (3) years from the date such former license was revoked. Any person whose license has been suspended or revoked in accordance with this section and who drives any motor vehicle upon the highways of the Republic of Palau while such license is suspended or revoked, shall be guilty of a misdemeanor, and, upon conviction thereof shall be punished by imprisonment for not more than one (1) year, or by a fine of up to one thousand dollars ($1,000), or both, and shall have his or her license revoked for an additional two (2) years; and shall do community service for up to eighty (80) hours.


Source
83 TTC § 213, as amended by RPPL 1-57 § 2, modified. Amended by RPPL 6-41 § 2, modified. Amended in its entirety by RPPL 7-48 § 2.


§ 515. Stopping, standing and parking.


Any person parking any vehicle, whether attended or unattended, upon any highway shall park such vehicle as far to the right thereof as is practicable. It shall be unlawful for the driver of a vehicle to stop, stand or park such vehicle, whether attended or unattended, in any of the following places:


(a) within an intersection.


(b) on a crosswalk.


(c) within thirty (30) feet upon the approach to any official stop sign located at the side of the roadway.


(d) within fifteen (15) feet of the driveway entrance to any fire station.


(e) within fifteen (15) feet of a fire hydrant.


(f) in front of a private driveway.


(g) on a sidewalk.


(h) alongside or opposite any street or highway excavation or obstruction when such stopping, standing or parking would obstruct traffic.


(i) on the roadway side of any vehicle stopped or parked at the edge of a highway.


(j) at any place where official traffic signs have been erected prohibiting standing or parking.


Source
(Code 1966, § 814(g); Code 1970, title 83, § 601) 83 TTC § 214.


§ 516. Conditions for leaving vehicle unattended on highway.


No person having control or charge of a motor vehicle shall allow such vehicle to stand on any highway unattended without first effectively setting the brakes thereon, stopping the motor and placing it in gear.


Source
(Code 1966, § 814(i); Code 1970, title 83, § 651.) 83 TTC § 215.


§ 517. Obstruction of driver's view or driving mechanism.


It shall be unlawful for the driver of any vehicle to drive the same when such vehicle is so loaded as to obstruct the view of the driver to the front or sides or to interfere with the driver's control over the driving mechanism of the vehicle. To this end no more than two (2) persons (including the driver) shall be seated in the front seat of any jeep and no more than three (3) persons (including the driver) shall be seated in the front seat of any other type of vehicle, except that one (1) child under seven (7) years of age may be seated in addition to the above.


Source
(Code 1966, § 814(j); Code 1970, title 83, § 652.) 83 TTC § 216, modified.


§ 518. Driving vehicle without owner's consent or proper authorization.


Any person who shall drive a vehicle, not his own, without the consent of the owner thereof, or a vehicle belonging to the United States or the Republic without proper authorization, and without, in either case, intent to steal the same, shall be guilty of a misdemeanor, and, upon conviction thereof shall be punished by imprisonment for not more than one (1) year, or by a fine of not more than five hundred dollars ($500), or both.


Source
(Code 1966, § 815(e); Code 1970, title 83, § 653.) 83 TTC § 217, modified.


§ 519. Injuring, tampering with, etc., vehicle.


Any person who shall wilfully break, injure, tamper with or remove any part or parts of any vehicle shall be guilty of a misdemeanor.


Source
(Code 1966, § 815(f); Code 1970, title 83, § 654.) 83 TTC § 218.


§ 520. Transporting passengers in truck bed; restrictions.


(a) Definition. As used in this section, "truck" shall mean any motor vehicle for land transport with an enclosed cab and an open area behind for carrying cargo or passengers.


(b) Prohibition. No person being transported in the bed of a truck shall sit on or higher than the upper edge of the side of the truck bed, or shall stand anywhere on the truck bed. No person shall be transported in the bed of a truck which is not sufficiently enclosed on all sides.


(c) Penalties. Any driver of a truck which is conveying a passenger in violation of any provision of subsection (b) of this section shall be subject to a fine of twenty-five dollars ($25).


Source
RPPL 4-12 §§ 1, 2 and 3, modified.


§ 521. Failure to stop for school bus.


Upon approaching the front or rear of a vehicle, clearly marked as a school bus, which is stopped with red lights flashing on both the front and back of such vehicle or any device requiring vehicles to stop; each operator of a motor vehicle on the same road shall bring his vehicle to a stop at least fifteen (15) feet before reaching the school bus and remain stopped until the red flashing lights on the school bus are turned off or any device requiring vehicles to stop are removed. Failure to stop under such circumstances shall be punished by a fine of one hundred dollars ($100) for the first offense, two hundred fifty dollars ($250) for the second offense, and license revocation for one (1) year for the third offense.


Source
RPPL 4-17 § 1(1), modified.


Chapter 6
Driving Under the Influence of Intoxicating Liquor


§ 601. Legislative purpose.
§ 602. Implied consent of driver of motor vehicle to submit to testing to determine alcoholic content of blood.
§ 603. Persons qualified to take blood specimen.
§ 604. Additional tests.
§ 605. Consent of person incapable of refusal not withdrawn.
§ 606. Revocation of privilege to drive motor vehicle upon refusal to submit to testing.
§ 607. Hearing before a judge or justice.
§ 608. Interpretation of the tests.


§ 601. Legislative purpose.


The purpose of this chapter is to facilitate and enhance the process of law enforcement with respect to the problems of traffic safety associated with the use and consumption of intoxicating liquor.


Source
PL 5-6-20 § 1, modified.


§ 602. Implied consent of driver of motor vehicle to submit to testing to determine alcoholic content of blood.


Any person who operates a motor vehicle upon the public roads of the Republic shall be deemed to have given his consent, subject to the provisions of this chapter, to a test, approved by the Bureau of Public Health and the Bureau of Public Safety, of his breath for the purpose of determining the alcoholic content of his blood; such person shall have to take a test of his breath. A test of his breath shall be administered only when authorized by the Bureau of Public Safety or the Bureau of Public Health. The test shall be administered on the person, driving or in actual control of a motor vehicle upon the public roads, when such person is suspected of being under influence of intoxicating liquor only after:


(a) a lawful arrest and


(b) the police officer has informed the person of the sanctions of section 606.


Source
PL 5-6-20 § 2, as amended by PL 6-7-13 § 1, modified


§ 603. Persons qualified to take blood specimen.


No person other than a physician, medical officer, laboratory technician, or certified nurse may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of a breath specimen.


Source
PL 5-6-20 § 3.


§ 604. Additional tests.


The person tested may have any physician, medical officer, laboratory technician, or certified nurse of his own choosing withdraw blood and any person of his own choosing administer a test or tests in addition to any administered test at the direction of a police officer. The result of the test or tests may be used as provided in this chapter. The failure or inability to obtain an additional test by a person shall not preclude the admission of the test or tests taken at the direction of a police officer. Upon the request of the person who is tested, full information concerning the test or tests taken at the direction of the police officer shall be made available to him.


Source
PL 5-6-20 § 4.


§ 605. Consent of person incapable of refusal not withdrawn.


The consent of a person deemed to have given his consent pursuant to this chapter shall not be withdrawn by reason of his being dead, unconscious or in any other state which renders him incapable of consenting to examination, and the test may be given. In such event, a test of the person's blood shall be administered.


Source
PL 5-6-20 § 5.


§ 606. Revocation of privilege to drive motor vehicle upon refusal to submit to testing.


(a) If a person under arrest refuses to submit to a test of his breath or blood, none shall be given, but the arresting officer shall, as soon as practicable, submit an affidavit to a judge or justice stating that at the time of the arrest he had reasonable grounds to believe the arrested person had either been driving or was in actual physical control of a motor vehicle upon the public roads while under the influence of intoxicating liquor, that the arrested person had been informed of the sanctions of this section, and that the person had refused to submit to a test of his breath or blood.


(b) Upon receipt of the affidavit, the judge or justice shall hold a hearing as provided in this chapter, and shall determine whether the statements contained in the affidavit are true and correct. If the judge or justice finds that the statements contained in the affidavit are true, he shall revoke the arrested person's license, permit, or any nonresident operating privilege for a period of six months.


(c) If the arrested person is a resident without a license or permit to operate a motor vehicle in the Republic, the judge or justice shall send notice of the results of the hearing to the examiners of chauffeurs. The examiners of chauffeurs shall deny the person the issuance of a license or permit for a period of six months.


(d) The penalties provided by this section are additional penalties and not substitutes for any other penalties provided by law.


Source
PL 5-6-20 § 6, modified.


§ 607. Hearing before a judge or justice.


(a) The hearing to determine the truth and correctness of an affidavit submitted to a judge or justice shall be held within 10 days after the judge or justice has received the affidavit.


(b) The judge or justice shall hear and determine whether the arresting officer had reasonable grounds to believe that the person had been either driving or in actual physical control of a motor vehicle upon the public roads while under the influence of intoxicating liquor, whether the person was lawfully arrested, whether the arresting officer had informed the person of the sanctions of this chapter, and whether the person refused to submit to a test of his breath or blood.


(c) An order of a judge or justice may be appealed to the Appellate Division of the Supreme Court in the manner provided by law.


Source
PL 5-6-20 § 7, modified.


§ 608. Interpretation of the tests.


It is hereby established that a person shall be conclusively presumed to be intoxicated if the alcohol content of his blood is 0.10 percent or if the alcohol content of his breath is 0.10 percent.


Source
PL 5-6-20 § 8, as amended by PL 6-5-8 § 1.


Chapter 7
Accident Reports


§ 701. Duties of driver in accidents involving injury, death or damage.
§ 702. Written report.
§ 703. Reports by garages.
§ 704. Report forms.


§ 701. Duties of driver in accidents involving injury, death or damage.


The driver of any vehicle involved in an accident resulting in injury or death to any person or damage to property shall immediately stop such vehicle and shall give his name, address and the registration number of his vehicle and exhibit his operator's license to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance.


Source
(Code 1966, § 814(h); Code 1970, title 83, § 701.) 83 TTC § 251.


§ 702. Written report.


The driver of any vehicle involved in an accident resulting in injury or death to any person, or property damage to an apparent extent of $50.00 or more, shall, within 24 hours (or as soon thereafter as normal means of transportation and communication will permit), forward a written report of such accident to the Director of the Bureau of Public Safety. All accident reports shall be without prejudice and shall not be open to public inspection.


Source
(Code 1966, § 814(h); Code 1970, title 83, § 702.) 83 TTC § 252, modified.


§ 703. Reports by garages.


The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the nearest police station within 24 hours (or as soon thereafter as normal means of transportation and communication will permit) after such motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of such vehicle.


Source
(Code 1966, § 814(h); Code 1970, title 83, § 703.) 83 TTC § 253.


§ 704. Report forms.


The President shall supply the Bureau of Public Safety and other suitable agencies with forms for accident reports calling for sufficiently detailed information to disclose with reference to a highway accident the cause, conditions then existing and the persons and vehicles involved.


Source
(Code 1966, § 814(h); Code 1970, title 83, § 704.) 83 TTC § 254, modified.


Chapter 8
Equipment


§ 801. Lamps and lighting equipment; when required.
§ 802. Same; head lamps on motor vehicles.
§ 803. Same; tail lamps.
§ 804. Same; lamps on other vehicles and equipment.
§ 805. Brakes; equipment required.
§ 806. Metal tires.
§ 807. President to require periodic inspection.
§ 808. Safety helmets, passenger and mufflers on motorcycles.
§ 809. Mufflers required.
§ 810. School bus requirements.


§ 801. Lamps and lighting equipment; when required.


Every vehicle upon a highway within the Republic during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of 200 feet shall be equipped with the required lighting equipment.


Source
(Code 1966, § 813(a); Code 1970, title 83, § 751.) 83 TTC § 301, modified.


§ 802. Same; head lamps on motor vehicles.


Every motor vehicle, other than a motorcycle or farm tractor, shall be equipped with two headlights at the front of and on opposite sides of the motor vehicle. Every motorcycle shall be equipped with at least one and not more than two headlights. All headlights shall produce a driving light sufficiently clear to render clearly discernible a person 200 feet ahead, but shall not project a glaring or dazzling light to persons in front of such headlights.


Source
(Code 1966, § 183 (a)(1); Code 1970, title 83, § 752.) 83 TTC § 302.


§ 803. Same; tail lamps.


Every motor vehicle and trailer shall carry at the rear a light which exhibits a red light plainly visible at a distance of 200 feet.


Source
(Code 1966, § 813(a)(2); Code 1970, title 83, § 753.) 83 TTC § 303.


§ 804. Same; lamps on other vehicles and equipment.


(a) Every bicycle used on the paved portion of a highway shall be equipped with a light in the front thereof and shall also be equipped with a reflex mirror on the rear.


(b) Every cart or wagon on a paved highway shall be equipped with a light placed in such a position as to be plainly visible at a distance of 200 feet from both the front and rear thereof.


Source
(Code 1966, § 813(a)(3), (4); Code 1970, title 83, § 754.) 83 TTC § 304.


§ 805. Brakes; equipment required.


Every motor vehicle when operated on a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle. Every motorcycle when operated upon a highway shall be provided with at least one brake, which may be operated by hand or foot. All brakes shall be adequate to stop the motor vehicle within a safe distance and shall be maintained in good working order.


Source
(Code 1966, § 813(b); Code 1970, title 83, § 801.) 83 TTC § 305.


§ 806. Metal tires.


No motor vehicle with metal tires shall operate on a paved highway without permission of the President.


Source
(Code 1966, § 815(d); Code 1970, title 83, § 851.) 83 TTC § 306, modified.


§ 807. President to require periodic inspection.


The President and his duly authorized officers are hereby empowered at all reasonable times to inspect any motor vehicle to determine its compliance with the equipment provisions of this title. The President may cancel the registration of any vehicle he shall determine is unsafe or unfit to be operated or is not equipped as required under this title.


Source
(Code 1966, § 813(c); Code 1970, title 83, § 901.) 83 TTC § 307, modified.


§ 808. Safety helmets, passenger, and mufflers on motorcycles.


(a) Operators and passengers of any motorcycle or motorbike or motor scooter and any attachments thereto, while such vehicle is being operated on any street or highway within the Republic, shall wear on their heads safety helmets which are constructed with straps that fasten under the chin, and such straps must be fastened under the chin at all times.


(b) Operators of any motorcycle or motorbike or motor scooter, while such vehicle is being operated on any street or highway within the Republic, shall not carry more than one passenger at any one time. If a side car is attached to a motorcycle or motorbike or motor scooter, the operator shall not carry more than one passenger on the motor vehicle proper, and no more than one passenger shall be carried in the side car attached thereto, except that one child under seven years of age may be seated therein in addition to the above.


(c) Operators of any motorcycle or motorbike or motor scooter and any attachments thereto, while such is being operated on any street or highway within the Republic, shall not allow any passenger on their vehicles who does not wear a safety helmet.


(d) Operators of any motorcycle or motorbike or motor scooter and any attachments thereto, while such vehicle is being operated on any street or highway within the Republic, shall be liable for punishment if a passenger on their vehicles does not conform with subsection (c) above.


(e) Any motorcycle or motorbike or motor scooter, with or without any attachment
thereto, while such vehicle is being operated on any street or highway within the Republic, shall be equipped with a properly operating muffler that adequately moderates engine sounds produced by the vehicle.


(f) A violation of any provision of this section shall constitute a misdemeanor which shall be punishable by a fine of not less than $5.00 nor more than $100.00, or imprisonment for not more than 30 days, or both.


Source
(PL 3-467, 5-15-67; amended by PL 4-12-67, 2-19-68) PDC § 707, modified.


§ 809. Mufflers required.


It shall be unlawful for any person to operate a motor vehicle on any street or road in the Republic unless such vehicle is equipped with a muffler which is in good working condition. Whosoever violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25.00.


Source
(PL 4-4-21). PDC § 707-A, modified.


§ 810. School bus requirements.


During the ninety (90) day period set out in RPPL 4-17, all school buses used to transport children shall be painted yellow with black trim and marked "School Bus" on the front, rear, and sides, and shall undergo all other modifications necessary for compliance with the terms of RPPL 4-17.


Source
RPPL 4-17 § (1)2, modified.


Chapter 9
Tinted Vehicle Windows


§ 901. Legislative findings and purposes.
§ 902. Definitions.
§ 903. Prohibition and restrictions on the use of tinted vehicle windows.
§ 904. Penalties.


§ 901. Legislative findings and purposes.


Use of vehicles with tinted windows greatly hinders drivers' views and poses a danger to the safety of the public. It is therefore the purpose of this Chapter to regulate the use of tinted windows on vehicles operating in the Republic of Palau in order to reduce traffic accidents, to minimize the loss of life and property, and to reduce costs to the Republic.


Source
RPPL 4-47 § 1, modified.


§ 902. Definitions.


As used in this Chapter:


(a) The term "factory-tinted" means shaded at the time of manufacture.


(b) The term "tint" means plastic material placed on car windows to reduce heat and glare.


(c) The term "window" means any pane on a vehicle, including the front, side and rear windshields.


Source
RPPL 4-47 § 2, modified.


§ 903. Prohibition and restrictions on the use of tinted vehicle windows.


(a) Effective 90 days after the effective date of this Chapter, (1) no vehicle may be operated with tinted windows unless the windows are factory-tinted or allow transmission of a minimum of 35 percent of available light through the side and rear windows, (2) no vehicle may be operated with tinted front windows except that any percentage light transmission tint may be applied along the top edge of the front window so long as it does not extend below six inches from the top when measured from the middle point of the bottom edge of the top windshield molding, and (3) no vehicle may be operated with mirror, reflective or silver tint film on any window.


(b) No government vehicle may be operated with tinted windows unless the windows are factory-tinted.


(c) Public safety officers may use a sample of tinting film that allows passage of 35% of available light to compare the tinting on a vehicle to determine whether it complies with this Chapter.


Source
RPPL 4-47 § 3, modified.


§ 904. Penalties.


Any person who operates a vehicle in violation of section 903 of this Chapter shall be guilty of a misdemeanor and subject to a fine of not less than $100 nor more than $500 and shall be liable for the removal of any non-complying tint. Any vehicle safety inspection pursuant to 42 PNC § 807 shall determine compliance with the prohibitions of this Chapter. The President or his duly authorized officers may cancel the registration of any vehicle determined to be in violation of this Chapter.


Source
RPPL 4-47 § 4, modified.


PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/pw/legis/consol_act/vt42136