Motor Traffic (Amendment) Act 2019

This Act may be cited as the Motor Traffic

(Amendment) Act, No. 10 of 2019.

Section 123 of the Motor Traffic Act (Chapter 203)

(hereinafter referred to as the “principal enactment”) is hereby amended as follows:—

in subsection (1) of that section-

in subsection (5) of that section-

The following new section is hereby inserted immediately after section 141 of the principal enactment and shall have effect as section 141A of the that enactment:—

141A. (1) Any person who contravenes the provisions of sections 140, 141 and 142 or any regulation made thereunder shall be guilty of an offence and shall on conviction be liable, where the speed is -

in excess of the prescribed speed limit up to twenty per centum, to a fine not less than three thousand rupees and not exceeding five thousand rupees;

in excess of twenty per centum and less than thirty per centum of the prescribed speed limit, to a fine not less than five thousand rupees and not exceeding ten thousand rupees;

in excess of thirty per centum and less than fifty per centum of the prescribed speed limit, to a fine not less than ten thousand rupees and not exceeding fifteen thousand rupees; and

in excess of fifty per centum of the prescribed speed limit, to a fine not less than fifteen thousand rupees and not exceeding twenty five thousand rupees.

Notwithstanding the provisions of subsection (1), any person who contravenes the provisions of sections 140, 141 and 142

The following new section is hereby inserted immediately after section 148 of the principal enactment and shall have effect as section 148A of that enactment:-

148A. (1) No person shall drive a motor vehicle on or across a railway crossing—

when the railway gate is closed;

disregarding the railway signal system;

without obeying directions of an authorized officer, to likely endanger one’s own safety or that of any other person.

A person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than twenty five thousand rupees and not exceeding thirty thousand rupees and on a second conviction to a fine not less than thirty thousand rupees and not exceeding forty thousand rupees and the suspension of his driving licence for a period of not exceeding six months, and on a third or subsequent conviction to a fine not less than forty thousand rupees and not exceeding fifty thousand rupees and the suspension of his driving licence for a period not exceeding twelve months.”.

The following new section is hereby inserted immediately after section 152 of the principal enactment and shall have effect as section 152A of that enactment:—

152A. (1) No person shall use a telephone, mobile phone or any other movable communication equipment when driving a motor vehicle on a road.

“Prohibit the use of mobile phone etc.

while driving.

“Precautions in crossing a railway.

A person who contravenes subsection (1)

Section 196 of the principal enactment is hereby amended in subsection (5) thereof by the addition, immediately after the proviso to paragraph (b) of that subsection of the following paragraph:-

“(c)

a person who contravenes the provisions of this subsection shall be guilty of an offence and shall on conviction be liable to the penalty specified in section 224 and also be liable to the amount prescribed for on the spot fines under section 215A.”.

Section 216 of the principal enactment is hereby amended by the repeal of all the words from “to a fine not less than three thousand five hundred rupees” to the end of that section and the substitution of the words “to a fine not less than twenty five thousand rupees and not exceeding thirty thousand rupees or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment and to the suspension of his driving licence for a period not exceeding twelve months.”.

Section 216A of the principal enactment is hereby amended by the repeal of all the words from “to a fine not less than four thousand rupees” to the end of that section and the substitution of the words “to a fine not less than twenty five thousand rupees and not exceeding thirty thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment and the cancellation of his driving licence.”.

Section 216B of the principal enactment is hereby amended as follows:-

“(a) by the repeal, in paragraph (a) thereof, of all the words from “to imprisonment of either description for a term not less than two years” to the end of that paragraph and the subsititution of the words “to a fine not less than one hundred thousand rupees and not exceeding one hundred and fifty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding ten years or to both such fine and imprisonment and to the cancellation of the diving licence”; and

by the repeal of paragraph (b) thereof and the substitution therefor of the following paragraphs:—

Section 217 of the principal enactment is hereby amended as follows:—

in subsection (1) of that section by the repeal of all the words from “to a fine not less than one thousand five hundred rupees” to the end of that subsection and the substitution of the words “to a fine not less than ten thousand rupees and not exceeding twenty five thousand rupees, and on a second conviction to a fine not less than fifteen thousand rupees and not exceeding thirty thousand rupees, and the suspension of his driving licence, and on a third or subsequent conviction, to a fine not less than twenty thousand rupees and not exceeding forty thousand rupees or to rigorous imprisonment for a term not exceeding six months or to both such fine and imprisonment and the cancellation of his driving licence.”; and

in subsection (2) of that section by the repeal of all the words from “to a fine not less than one thousand five hundred rupees” to the end of that subsection and the substitution of the words “to a fine not less than ten thousand rupees and not exceeding twenty five thousand rupees, and on a second conviction to a fine not less than fifteen thousand rupees and not exceeding thirty thousand rupees and on a third or subsequent conviction, to a fine not less than twenty thousand rupees and not exceeding forty thousand rupees and the suspension of his driving licence for a period of six months”.

Section 218 of the principal enactment is hereby repealed and the following section substituted therefor:—

218. A person who contravenes the provisions of section 99 shall be guilty of an offence and shall on conviction be liable to a fine not less than twenty five thousand rupees and not exceeding fifty thousand rupees or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.”.

“Penalty for driving without certificate of insurance.

Section 224 of the principal enactment is hereby amended by the repeal of all the words from “to a fine not less than two thousand five hundred rupees” to the end of that section and the substitution of the words “to a fine not less than two thousand five hundred rupees and not exceeding seven thousand five hundred rupees, and on a second conviction to a fine not less than seven thousand five hundred rupees and not exceeding fifteen thousand rupees, and on a third or subsequent conviction to a fine not less than fifteen thousand rupees and not exceeding twenty five thousand rupees.”.

The Second Schedule to the principal enactment, is hereby amended as follows:—

by the repeal of item 10 thereof and the substitution therefor of the following item:—

by the addition immediately after item 12 thereof, of the following new item which shall have the effect as item 12(a):—

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

“

;”.

Section 152A

Use of mobile phones while driving