Road Transport Authority (Amendment) Act, 2003
Supplement to the Sierra Leone Gazette Vol. CXXXIV, No. 43
Signed this 4th day of September, 2003.
ALHAJI AHMAD TEJAN KABBAH, President.
The Road Transport Authority (Amendment) Act, 2003
Being an Act to amend the Road Transport Authority Act, 1996.
[11th September, 2003]
Enacted by the President and Members of Parliament in this present Parliament assembled.
The Road Transport Authority Act, 1996 is amended by the insertion of the following sections immediately after section 26 thereof: —
26 a. (1) For the purposes of its functions under sections 9, 10 and 26, the Authority shall have a corps of traffic wardens, consisting of such ranks or grades as the Authority may prescribe.
(2) A traffic warden shall be appointed by the Authority subject to such terms and conditions as the Authority' shall determine.
(3) A person shall not be appointed as a traffic warden unless he is adequately qualified by education and is suitably trained in traffic duties.
26b. (1) Subject to subsection (1) of section 26A, the object for which the corps of traffic wardens shall be appointed is to complement the Sierra Leone Police Force with regard to traffic duties and, accordingly, any reference in any of the following enactments to a constable or police officer shall include a reference to a traffic warden, that is to say—
(a) Road Traffic Act, 1964;
(b) Road Traffic Regulations, 1960;
(c) Motor Vehicle (Third Party Insurance) Act
(2) Without prejudice to the generality of subsection (1), the functions of traffic wardens shall include the following: —
(a) to control and regulate traffic;
(b) to render the roads free from unnecessary obstruction and ensure the free flow of traffic;
(c) to educate the public on road safety;
(d) in the case of an accident—
(i) to divert traffic from the scene when necessary;
(ii) to keep onlookers away and render first aid to any injured person;
(iii) to dispatch the injured, if any, to the nearest health centre or hospital without delay;
(iv) to report the accident to the nearest police station; and
(e) to enforce all rules and regulations pertaining to the conduct of road users, including pedestrians, for the promotion of road safety.
26c. (1) A traffic warden shall have power to issue in respect of any offence specified in the First Schedule, a ticket in the form set out in the Second Schedule, stating the circumstances of the offence and the penalty thereof as prescribed by the appropriate enactment referred to in the First Schedule, together with the administrative charges for handling or processing the offence out of court.
(2) The administrative charges for the offences specified in the First Schedule are as prescribed in the Third Schedule.
(3) The prescribed fine together with the administrative charge shall be paid by the offender at the nearest office of the Authority.
(4) Where an offender fails to pay the fine and the prescribed_ administrative charge within seventy-two hours, the traffic warden shall refer the matter to the police who shall institute criminal proceedings against the offender.
(5) Where the offender is convicted by the court, the court shall order the payment by the offender, the prescribed administrative charge and updated fines together with the cost of prosecution or other moneys due under any other law.
26d. Where—
(a) the offender refuses to accept a ticket; or
(b) the offence is not one for which a ticket may be issued,
the traffic warden shall promptly make a report of the offence to the police, giving the circumstances of the offence, the particulars of the vehicle, the name of the owner or driver together with such other information as will assist the investigation and successful prosecution of the case.
26e. (1) A traffic warden shall have the power to tow away or clamp the wheel of any vehicle which is parked in any road, pavement or side-walk in contravention of the Road Traffic Act, 1964 or the Road Traffic Regulations, 1960 or any regulations made under this Act
(2) A court before which any offender is tried for any contravention referred to in subsection (1) may, on the conviction of the offender, order, whether in addition to or substitution for any punishment for such contravention, the defendant to pay the cost of the tawing or clamping and, in default of such payment, the offender shall be liable to imprisonment for a term not exceeding six months.
(3) No traffic warden or person acting on the instruction of a traffic warden shall be liable for any damage which may be caused to the vehicle as a result of the towing or clamping.
26f. (1) A traffic warden shall wear such uniform as the Authority shall determine and shall in addition be provided with an identity card and shall not act as a traffic warden when not in uniform.
(2) Both uniform and the identity card shall serve as indicators to the public of the status of the traffic warden as an employee of the Authority.
26g. Every traffic warden shall have for the performance of his functions under this Act, the powers and protection afforded members of the Sierra Leone Police Force by law for the performance of their traffic duties.
26h. The Authority may, by statutory instrument, amend any Schedule."
FIRST SCHEDULE (Section 26C (1))
No, Offence Enactment
1. Driving an unlicensed vehicle Sec. 7 (1) of RTA, 1964
2. Driving an unregistered vehicle Sec. 7(1) RTA, 1964
3. Carrying passengers in excess Reg. 70 (4) RTR, 1960
4. Parking vehicle in a prohibited area Reg. 39 (1) (k) RTR, 1960
5. Using vehicle other than its licensed
purpose. Sec. 51 RTA, 1964
6. Abandoning disabled vehicle without
safety precaution Reg. 39(1) (r) RTR, 1960
7. Carrying more than six persons
in addition to driver and his assistant
on goods vehicle Reg. 16 RTR, 1960
8. Carrying freight or load on canopy Reg. 27(1X0 (ii) RTR, 1960
9. Carrying a person in front of him on a motor cycle ex- carrying a person at the rear of motor cycle when not
properly constructed for the purpose. Reg. 40 RTR, 1960
10. Making unnecessary noise with
the horn of a vehicle. Reg. 39 (l)(d) RTR, 1960
11. Carrying goods and passengers at
the same time Reg. 70 (2) RTR, 1960
12. Carrying cattle and passengers at
the same time. Reg. 70 (3) RTR, 1960
13. Carrying more than one person on
a two-wheeled motorcycle. Reg. 40.RTR, 1960
14. Driving vehicle without driving mirror. Reg. 27(lXo) RTR, 1960
No. Offence Enactment
15. Defective windscreen wiper Reg. 27(1 )(v) RTR, 1960
16. Disobeying traffic sign lawfully placed on or near any road for driver's
guidance. Reg. 39( l)(j) RTR, 1960
17. Excessive emission of smoke Reg. 27(1 )(j)RTR, 1960
18. Carrying projected goods Reg. 27(1 )(c)RTR, 1960
19. Failing to affix current vehicle
licence for inspection. Reg. 14(1)RTR, 1960
20. Obscured identification marks
or obliterated number plate. Reg. 21 RTR, 1960
21. Permitting a person to ride on wing, bonnet, running board
or fenders of a vehicle. Reg. 39(l)(p) RTR, 1960
22. Picking up passengers on
omnibus route, Reg. 70(5) RTR, 1960
23. Parking a vehicle within 25ft from a corner, bend, junction
or round about. Reg. 39(1 )(f) RTR, 1960
24. Failing to affix appropriate
number plates on a vehicle. Reg. 20(1) RTR, 1960
25. Driving with defective head
light. Reg. 27(l)(m)(i) RTR, 1960
26. Driving vehicle with smooth
or defective tyres. Reg. 27(l)(g) RTR, 1960
27. Causing a vehicle to travel back
ward unnecessarily (reversing). Reg. 39 (l)(b) RTR, 1960
28. Causing obstruction. Reg. 42(3) RTR, 1960
29. Driving with a defective speedometer Reg. 27( l)(w) RTR, 1960
No. Offence Enactment
30. Driving with a mutilated driving
licence or defaced photograph. Sec. 53(b) RTA, 1964
31. Driving without rear number
plate light. Reg.27(lXmXiii)RTR,1960
32. Driving without rear parking
light. Reg. 27(l)(m)(iii) RTR, 1960
33. Failing to draw vehicle to the side
of the road . Reg. 39(1 Xg) RTR, 1960 ,
34. Driving without brake light
or with defective brake light Reg. 27(l)(m)(iii) RTR, 1960
35. Disobeying Police/Traffic Warden
verbal instructions. Reg. 39(1 )(h) RTR, 1960
36. Failing to take vehicle for examination as required by a constable/Traffic Warden or
certifying officer. Sec. 34(1) RTA, 1964
37. Driving without right or left side
direction indicator. Reg. 30 RTR, 1960
38. Driving vehicle in a poor general
mechanical condition. Reg. 27(l)(u) RTR, 1960
39. Leaving vehicle unattended. Reg. 39(1 )(g) RTR, 1960
40. Failing to maintain windscreen so as not to obscure the vision of
driver. Reg. 27(1 Xs) RTR, 1960
41. Failing to affix commercial number
plate on hackney carriage Reg. 45( l)(c) RTR, 1960
42. Failing to paint owners name
and address (commercial vehicle). Reg. 7(7) RTR, 1960
No. Offence Enactment
43. Permitting person to ride on the canopy Reg. 39(l)(p) RTR, 1960
44. Driving without warning instrument. Reg. 27(1 )(n) RTR, 1960
45. Driving vehicle without permit
from Road Transport Authority. Reg. 77 RTR, 1960
46. Refusing to take passenger to his/her
destination (Taxi). Reg. 52(3)(b) RTR, 1960
47. Obstructing the driver whilst in motion. Reg. 41 RTR, 1960
48. Driving without driving licence. Sec. 21(1) RTA, 1964
49. Riding bicycle without efficient
brake or bell. Reg. 85 (a) RTR, 1960
Reg 85(f) RTR, 1960
51. Riding bicycle on the footpath. Reg. 85 (i) RTR, 1960
52. Riding bicycle without rear red light or red reflector or white
light at front. Reg. 84 (b) RTR, 1960
53. Failing to give appropriate
trafficator light signal. Reg. 32 (1) RTR, 1960
54. Driving vehicle without efficient
silencer. Reg. 27 (l)(i) RTR, 1960
55. Driving vehicle above speed limit. Reg. 39 (l)(a) RTR, 1960
56. Driving vehicle without mudguard. Reg. 27(1) (t) RTR, 1960
57. Driving taxi/omnibus without spare
tyre. Reg. 48 (d) RTR, 1960
58. Failing to paint details on the side
of commercial vehicle or trailer. Reg. 27 (l)(f) (iii) RTR, 1960
No. Offence Enactment
59. Riding on the canopy. Reg. 39(1) (p) RTR, 1960
60. Riding on the tailboard or doorstep. Reg. 39 (l)(p) RTR, 1960
61. Obscuring the rear view glass of
driver. Reg. 27 (l)(s) RTR, 1960
62. Carrying passengers on board omnibus without proper seating
accommodation. Reg. 65 (2) RTR, 1960
63. "Learner" failing to be accompanied by a current licenced driver and
L-plate. Reg. 23(1) RTR, 1960
64. Abandoning vehicle on the public
highway. Reg. 79 (l)(a) RTR, 1960
65. Driving without driving licence
valid for the class of the vehicle. Reg. 22 (l)(a) or (b) RTR, 1960
66. Failing to affix L-plate. Reg. 23 (4) RTR, 1960
67. Driving motor vehicle without or
with incomplete lights. Reg. 27 (l)(m)(i) RTR, 1960
68. Driving motor cycle without head light. Reg. 27 (l)(m)(v) RTR, 1960
69. Driving heavy motor vehicle without
illuminated direction indicators. Reg. 29 (a)(ii) RTR, 1960
INTERPRETATION
In this Schedule-
(a) "RTA, 1964" means the Road Traffic Act, 1964 (Act No. 62 of 1964)
(b) "R.T.R, 1960" means the Road Traffic Regulations, 1960 (S.I. No. 77 of I960)."
SECOND SCHEDULE (Section 26C(1))
Serial No......................
TRAFFIC WARDEN TRAFFIC OFFENCE TICKET
Mr./Mrs./Miss..............................................................................
of........................................................................with Driving Licence
No.........................being Driver of.................................on the............
(Make/Type of Vehicle)
..................day of..................20......at........................hour did commit
the Traffic Offence of........................................................................
(State section/Regulation of enactment(s).)
In accordance with the penalty therefor in the above mentioned enactment for the offence stated above you are hereby fined the sum of Le..............................
(....................................................................................................)
(Amount in words)
to be paid within seventy-two hours from today's date at the Road Transport Authority Office nearest the place the ticket was issued failing which you will be prosecuted in Court accordingly.
Signed..............................................................................Date.
Traffic Warden
Date
Signed.............
Witness
THIRD SCHEDULE (Section 26C(2)) ADMINISTRATIVE CHARGES The administrative charges for offences are as follows: —
(a) in the case of non-motorised vehicle ... ... ... Le5,000.00
(b) in the case of motorised vehicle with not more than
three wheels ...... ... ... ... ... Le20,000.00
(c) in the case of cars and light vans ..................Le30,000.00
(d) in the case of lorries and trucks of up to six wheels ... Le80,000.00
(e) in the case of motorised vehicles of above six wheels LelOO,000.00
Passed in Parliament this 10th day of April, in the year of our Lord two thousand and three.
J. A. CARPENTER, Clerk of Parliament.
This Printed Impression has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill.
J. A. CARPENTER, Clerk of Parliament.
Printed and Published by the Government Printing Department, Sierra Leone. Gazette No. 43 of 1 1th September, 2003.
