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As enacted

Act of Parliament

Motor Traffic (Amendment) Act 2017

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Motor Traffic

(Amendment) Act, No. 18 of 2017.

s 2Amendment of the Motor Traffic Act, (Chapter 203)

The Motor Traffic Act (Chapter 203) (hereinafter referred to as the “principal enactment”) is hereby amended–

(1)

by the substitution for the words “driver improvement points” wherever those words occurs in the principal enactment or in any written law, notice, notification, contract, communication or other document, of the words “demerit points”;

(2)

by the substitution for the words “invalid carriage”

wherever those words occurs in the principal enactment or in any written law, notice, notification, contract, communication or other document, of the words “vehicle used by persons with disabilities”;

(3)

by the substitution for the words “Regular Driving

Licence” wherever those words occurs in the principal enactment or in any written law, notice, notification, contract, communication or other document, of the words “Driving Licence”.

s 3Amendment of section 5 of the principal enactment

Section 5 (2) of the principal enactment is hereby amended by the substitution in paragraph (a), for the words

“motor car, dual purpose vehicle”, of the words “motor car, motor home, quadricycle, dual purpose vehicle”.

s 4Amendment of section 19 of the principal enactment

Section 19 of the principal enactment is hereby amended by the repeal of paragraph (s) in subsection (2) and the substitution therefor, of the following paragraph:-

“(s)

to regulate the transport of chemicals, hazardous waste, petroleum products, gas or other dangerous goods;”.

s 5Amendment of section 122 of the principal enactment

Section 122 of the principal enactment is hereby amended as follows:—

(1)

in subsection (1) of that section, by the substitution for the words “motor vehicle of a class specified in

Columns 1, 2, 3 and 5 as defined in I.S.O Standard

No. I.S.O /TEC/FDIS-18013-1-2005(e) hereof.”, of the words “motor vehicle of a class specified in

Columns 1, 2, 3, 4 and 5 as defined in ISO Standard accommodating local requirements.”;

(2)

by the repeal of the Schedule to that section and the substitution therefor, of the following

Schedule:-

“ SCHEDULE

Classification of Driving Licences for

Motor Vehicles

Column

Column Column Column Column 1 2 3 4 5

Description

New

Present Validity Previous

Classes Classes of other Classes

Classes

1. (i) Motor cycles

A

A1, G1

D where the engine capacity is more than 99 CC.

(ii)

Motor cycles

A1

G1

D where the engine capacity is less than 100 CC.

2. (i) Motor vehicles

B

G1, B2 C, C1

where the seating capacity does not exceed nine seats including the driver’s seat having a maximum authorized tare less than 4500 Kilograms;

motor vehicles of this class may be combined with a trailer having an authorized tare less than 750 Kilograms and may include a vehicle used by persons with disabilities.

(ii)

Dual purpose

B

G1, B2 C, C1

vehicle - motor vehicles of this class may be combined with a trailer having an authorized tare less than 750 Kilograms and may include a vehicle used by persons with disabilities.

(iii)

Motor Home.

B

B

G1, B2

3. (i) Motor tricycle or

B1

G1

E, F motor tricycle van –

where the authorized tare is less than 500

Kilograms and gross vehicle weight is less than 1000

Kilograms and may include a vehicle used by persons with disabilities.

(ii)

Quadricycle.

B2

G1

4. (i) Motor Lorry.

C

C1, B,

B

B1, B2,

G, G1, J

(ii)

Light Motor Lorry.

C1

B, B1,

B

B2, G,

G1, J

5. Heavy Motor Lorry.

CE

C, C1,

B

B, B1, B2,

G, G1, J

6. (i) Motor Coach.

D

D1, C,

A

C1, B,

B1, B2,

G, G1,

J

(ii)

Light Motor Coach.

D1

C1, B,

A1

B1, B2,

G, G1

7. Heavy Motor

DE

D, D1,

A

Coach.

CE, C,

C1, B,

B1, B2,

G, G1,

J

8. Land vehicle with

G

G1

or without a trailer.

9. Hand Tractor.

G1

10. Special Purpose

J

B, G,

B, G

Vehicle.

G1

11. Vehicle used by

H persons with disabilities.

s 6Replacement of section 122A in the principal enactment

Section 122A of the principal enactment is hereby repealed and the following section substituted therefor:-

122A. (1) Categories of permits or Licences issued in respect of motor vehicles shall be as follows:–

(i)

Learner’s Permit;

(ii)

Driving Licence for light motor vehicles; or

(iii)

Driving Licence for heavy motor vehicles.

(2)

For the purposes of this Part,

(a)

light motor vehicle shall comprise the classes of vehicles specified in item 1(i), 1(ii), 2(i), 2(ii), 2(iii), 3(i),

3(ii), 8, 9 or 11 of the Schedule to section 122; and

(b)

heavy motor vehicles shall comprise classes of vehicles specified in item 4(i), 4(ii), 5, 6(i), 6(ii), 7 or 10 of the

Schedule to section 122.”.

“Categories of Driving

Licences.

.”.

s 7Amendment of section 124 of the principal enactment

Section 124 of the principal enactment is hereby amended as follows:-

(1)

in subsection (1) of that section, by the substitution in paragraph (a) of that section, for the words “the applicant is physically fit”, of the words “the applicant is physically fit and mentally alert”;

(2)

by the repeal of subsections (2) and (3) of that section and the substitution therefor, of the following subsections:-

“(2) Every applicant for a Driving Licence valid for motor vehicles belonging to the classes specified in item 1(i), 1(ii), 2(i), 2(ii), 2(iii), 3(i),

3(ii), 8, 9 or 11 of the Schedule to section 122 shall prove to the satisfaction of the Commissioner

General that he –

(a)

has completed the age of eighteen years;

(b)

has been a learner driver of the class of vehicles in respect of which the application is made for at least three months from the date he obtained a Learner’s Permit from the

Commissioner General;

(c)

possesses such educational and other qualifications, as may be prescribed by regulations.

(3)

Every applicant for a Driving Licence for heavy motor vehicles shall prove to the satisfaction of the Commissioner General that he –

(a)

has completed the age of twenty one years;

(b)

has been a learner driver of the class of vehicles in respect of which the application is made for at least three months from the date on which he obtained a Learner’s Permit from the Commissioner General;

(c)

possesses an adequate practical knowledge of the mechanism of motor vehicles, as may be prescribed by regulations;

(d)

possesses such educational and other qualifications, as may be prescribed by regulations;

(e)

has been in possession of a Driving Licence valid for motor vehicles belonging to the classes specified in item 2(i), 2(ii), 2(iii), 3(i),

3(ii) or 8 of the Schedule to section 122, for a period of not less than two years.”.

s 8Amendment of section 125 of the principal enactment

Section 125 of the principal enactment is hereby amended by the repeal of subsection (5) of that section and the substitution therefor, of the following subsection:-

“(5) (a)

No Driving Licence shall be issued –

(i)

in respect of motor vehicles belonging to the classes specified in item 1(i), 1(ii),

2(i), 2(ii), 2(iii), 3(i), 3(ii), 8, 9 or 11 of the Schedule to section 122 to any person who has not attained the age of eighteen years; and

(ii)

in respect of motor vehicles belonging to the classes specified in item 4(i), 4(ii),

5, 6(i), 6(ii), 7 or 10 of the Schedule to section 122 to any person who has not attained the age of twenty-one years.

(b)

A Driving Licence issued to a person below the specified age shall have no force or effect in law.”.

s 9Amendment of section 126 of the principal enactment

Section 126 of the principal enactment is hereby amended in subsection (1) as follows:-

(1)

by the substitution in paragraph (a) of that subsection for the words and figures “items 4(i),

4(ii), 5, 6(i), 6(ii), 7, 9 and 10 of the Schedule to section 122” of the words and figures “items 4(i),

4(ii), 5, 6(i), 6(ii), 7 and 10 of the Schedule to section 122”; and

(2)

by the substitution in paragraph (b) of that subsection for the words and figures “items 1(i),

1(ii), 2, 3 and 8 of the Schedule to section 122” of the words and figures “item 1(i), 1(ii), 2(i), 2(ii),

2(iii), 3(i), 3(ii), 8, 9 or 11 of the Schedule to section 122”.

s 10Amendment of section 126B of the principal enactment

Section 126B of the principal enactment is hereby repealed and the following section substituted therefor:-

126B. (1) Subject to the provisions of subsections (2) and (3) of section 126 and section 126A, every Driving Licence may, on the expiry of the period for which it is issued, be renewed, in the case of motor vehicles of a class referred to in item 1(i), 1(ii), 2(i), 2(ii),

2(iii), 3(i), 3(ii), 8, 9 or 11 of the Schedule to section 122 for further periods of eight years each, at a time and in the case of motor vehicles of a class referred to in item 4(i), 4(ii), 5, 6(i),

6(ii), 7 or 10 of such Schedule for further periods of four years each, at a time.

(2)

Every application for the renewal of a

Driving Licence shall –

(a)

be in the prescribed Form;

“Renewal of a Driving

Licence.

(b)

on payment of the prescribed levy;

(c)

be accompanied by a medical certificate issued in accordance with subsection (1) (a) of section 124;

(3)

Every application for the renewal of a

Driving Licence shall be forwarded to the

Commissioner General at least three months prior to the expiry of such Licence.”.

s 11Amendment of section 128A of the principal enactment

Section 128A of the principal enactment is hereby amended by the repeal of subsection (3) and the substitution therefor of the following:-

“(3) The Minister may prescribe by regulations, the requirements, qualifications and tests necessary to qualify for an endorsement on a Driving Licence authorizing a Licence holder to drive an emergency service vehicle or public service vehicle, as the case may be.”.

s 12Insertion of new section 128c in the principal enactment

The following new section is hereby inserted, immediately after section 128B of the principal enactment and shall have effect as section 128C of that enactment:-

128C. (1) A person who intends to drive a motor vehicle with chemicals, hazardous waste, petroleum products, gas or other dangerous goods, shall make an application to the

Commissioner General in the prescribed form for a Driving Licence in a class referred to in item 2(ii), 4(i), 4(ii) or 5 of the Schedule to section 122, as may be applicable, together with the prescribed fee.

(2)

The Minister may prescribe by regulations, the qualifications necessary and the tests to be conducted to determine whether a person is fit to drive a motor vehicle referred to in subsection (1).”.

“Driving a motor vehicle loaded with chemicals or hazardous waste &c.

s 13Amendment of section 133A of the principal enactment

Section 133A of the principal enactment is hereby amended as follows:-

(1)

by the repeal of subsections (1) and (1A) of that section and the substitution therefor, of the following subsections:-

“(1) The Minister may prescribe by regulations–

(a)

the offences for which demerit points shall be imposed; and

(b)

the respective demerit points for such offences.

(1A)

(a) (i)

Where the holder of a Driving

Licence has been convicted of an offence prescribed under subsection (1) and such offence does not amount to a suspension or cancellation of the Driving Licence, the court may direct, the Inspector

General of Police to,

(ii)

Where the holder of a Driving

Licence admits liability for an offence for which a spot fine is prescribed under section 215A, the Inspector General of Police shall, enter the relevant demerit points for such offence to the data base established for such purpose;

(b)

For the purposes of this section the Deputy Inspector General of

Police in charge of Ranges of each Province shall authorize an

Officer of the rank of Sergeant or above, to enter the relevant demerit points to the data base.

The Deputy Inspector General of

Police shall forward the demerit points to the Commissioner

General, who shall enter the demerit points in the prescribed manner to the Driving Licence or

Endorsement Form, as the case may be;

(c)

In this section “Province” means a Provincial Council established for a Province by virtue of Article 154A of the Constitution.”.

(2)

by the repeal of subsection (3) of that section;

(3)

by the repeal of subsection (5) of that section.

s 14Insertion of new section 133B to the principal enactment

The following new section is hereby inserted immediately after section 133A of the principal enactment and shall have effect as section 133B of that enactment:-

133B. Where a person referred to in this

Act –

(1)

contravenes the provisions of any section; or

(2)

is guilty of an offence for which the penalty is specified under section 224;

or

(3)

contravenes any regulation made under the Act, the Magistrate may on conviction impose the following penalties:–

(a)

the fine as may be specified in the relevant section for such offence; or

“Demerit points to be included when imposing the penalty for offences under this

Act.

(b)

the term of imprisonment as may be specified in the relevant section for such offence; or

(c)

make an Order for the Inspector

General of Police to enter the relevant demerit points under section 133A;

or

(d)

any penalty combining any of the penalties aforesaid; or

(e)

all penalties under paragraphs (a), (b) and (c) aforesaid.”.

s 15Amendment of section 139BB of the principal enactment

Section 139BB of the principal enactment is hereby amended as follows:-

(1)

in subsection (3) of that section, by the substitution for the words “items 1(i), 1(ii), 2, 3 and 8 of the

Schedule to section 122”, of the words “items 1(i),

1(ii), 2(i), 2(ii), 2(iii), 3(i), 3(ii), 8 and 9 of the

Schedule to section 122”;

(2)

in subsection (4) of that section, by the substitution for the words “items 1(i), 1(ii), 2, 3, 4(i), 4(ii), 6(i),

6(ii), 8 and 10 of the Schedule to section 122”, of the words “items 1(i), 1(ii), 2(i), 2(ii), 2(iii), 3(i),

3(ii), 4(i), 4(ii), 6(i), 6(ii), 8 and 10 of the Schedule to section 122”;

(3)

in subsection (5) of that section, by the substitution for the words “items 1(i), 1(ii), 2, 3, 4(i), 4(ii), 5,

6(i), 6(ii), 7, 8, 9 and 10 of the Schedule to section 122”, of the words “items 1(i), 1(ii), 2(i), 2(ii), 2(iii),

3(i), 3(ii), 4(i), 4(ii), 5, 6(i), 6(ii), 7, 8, 9 and 10 of the Schedule to section 122”.

s 16Replacement of section 140 in the principal enactment

Section 140 of the principal enactment is hereby repealed and the following section substituted therefor:-

140. (1) A motor vehicle shall not be driven at a speed greater than the speed limits prescribed by regulations.

(2)

The provisions of subsection (1) shall not apply to a motor ambulance, firefighting vehicle or police vehicle while on pursuit when used for an emergency purpose.”.

s 17Amendment of section 157A of the principal enactment

Section 157A of the principal enactment is hereby amended in subsection (4) thereof, by the substitution for the words and figures “provisions of subsection (1) or (3)” of the words and figure “provisions of subsection (3)”.

s 18Amendment of section 161 of the principal enactment

Section 161 of the principal enactment is hereby amended as follows:-

(1)

in subsection (1) thereof –

(a)

by the repeal of sub-paragraphs (iii), (iv) and (v) of paragraph (a) thereof and the substitution therefor of the following sub-paragraphs:-

“(iii)

in any case where the person to whom injury has been caused so requests, or if he is unconscious or if the injury caused to that person appears to endanger his life, take that person immediately to a hospital or to a medical practitioner, and thereafter report the accident forthwith to the officer in charge of the nearest police station;

(iv)

in every case not referred to in sub paragraph (iii), report the accident

“Speed limits.

forthwith to the officer-in-charge of the nearest police station as specified in the Form prescribed in subsection (4); and

(v)

a driver who fails to report such accident forthwith to the officer-in-charge of the nearest police station as specified in the Form prescribed in subsection (4) shall on conviction be liable to a fine not less than three thousand rupees and not exceeding five thousand rupees.”;

(b)

by the repeal of sub-paragraph (ii) of paragraph (c) thereof and the substitution therefor of the following sub-paragraph:-

“(ii)

within twenty four hours of the accident communicate, his name and address and the fact that he was in the vehicle at the time of the accident, to the officer in charge of a police station as specified in the

Form prescribed in subsection (4).”;

(c)

by the repeal of paragraph (d) thereof and the substitution therefor of the following paragraph:-

“(d)

the insurer to whom a claim for insurance is made in connection with such accident shall –

(i)

inform the officer-in-charge of the nearest police station of such accident, for the purpose of compiling statistical records relating to accidents giving details of such accident and the names and addresses of the parties involved in such accident as informed to him by the person making the claim;

(ii)

not settle any claim until a copy of the Form referred to in subsection (4), certified by the police officer of the nearest police station has been furnished;”;

(2)

by the insertion, immediately after subsection (3)

thereof, of the following subsection which shall have effect as subsection (4) thereof:-

“(4) The Minister may make regulations –

(a)

specifying the procedure to be followed when reporting an accident to the nearest police station;

(b)

specifying the Form to report the accident; and

(c)

specifying any other information as may be necessary, in connection with this section.”.

s 19Replacement of section 215A of the principal enactment

Section 215A of the principal enactment is hereby repealed and the following section is substituted thereof:-

215A.

(1)

Any person who contravenes the provisions of any section set out in the Second

Schedule to this Act, or fails to comply with any order, direction, demand, requirement or notice lawfully issued under any such section, shall be guilty of an offence.

“Spot fines.

(2)

Where a police officer makes a detection in respect of an offence under subsection (1), and the person involved admits liability for such offence, such person may in lieu of prosecution for such offence, pay the spot fine which shall be prescribed by regulation.

(3)

Where the offence for which liability is admitted is an offence which is subject to demerit points, the relevant demerit points shall be entered for such offence under section 133A.

(4)

The payment of the fine shall be made either -

(i)

to any post office; or

(ii)

to any Government Institution as may be prescribed; or

(iii)

by electronic means as may be prescribed.

(5)

Proof of such payment shall be forwarded either by personal delivery or registered post, or by electronic means as may be prescribed, to the officer-in-charge of the police station named by the police officer making the detection, within a period of two weeks from the date of detection.

(6)

Any person who fails to pay the fine within the period specified under subsection (5), may be permitted, to pay twice the amount of the fine prescribed for such offence within two weeks immediately after the period referred to under subsection (5), before action is instituted in the

Magistrate’s Court.”.

s 20Amendment of section 224 of the principal enactment

Section 224 of the principal enactment is hereby amended by the substitution for all the words commencing from “be liable to a fine” till the end of that section, of the words “be liable to a fine not less than two thousand five hundred rupees and not more than three thousand five hundred rupees and on a second conviction to a fine not less than three thousand five hundred rupees and not more than ten thousand rupees and on a third or subsequent conviction to a fine not less than ten thousand rupees and not more than twenty five thousand rupees.”.

s 21Amendment of section 240 of the principal enactment

Section 240 of the principal enactment is hereby amended as follows:-

(1)

by repeal of the definition of “death” and the substitution of the following definitions:-

“ “death” means a person who was killed immediately as a result of or subsequent to the accident;

“demerit points” means the points assigned for traffic offences under the Motor Traffic

Act in addition to any other penalties entered to the Driving Licence or

Endorsement Form of the offender;”;

(2)

by the insertion immediately after the definition of the expression “dual purpose vehicle” of the following definition:-

“ “Electronic” shall have the same meaning as in the Electronic Transactions Act, No.19

of 2006;”;

(3)

in the definition of the expression “emergency service vehicle” by the repeal of paragraph (a) and the substitution therefor of the following:-

“(a)

a vehicle used for an emergency call and identified in the case of -

(i)

a firefighting vehicle used by the Fire

Service Department by the use of a red light;

(ii)

a vehicle used by the Police by the use of a red light and blue light; and

(iii)

an ambulance by the use of a red light; and ”;

(4)

by the repeal of the definition of the expression

“invalid carriage”;

(5)

by the insertion immediately after the definition of the expression “motor cycle” of the following definition:-

“ “motor home” means a vehicle designed and constructed without a trailer for transport and accommodation of passengers, provided that the number of passengers being carried

(including the driver) does not exceed six in number, and the gross vehicle weight does not exceed four thousand five hundred

Kilograms;”;

(6)

by the insertion immediately after the definition of the expression “public stand” of the following definition:-

“ “quadricycle” means a vehicle having a tare less than 500 Kilograms and having an engine capacity between 199CC and 499CC or having maximum continuous rated power that does not exceed 15KW in the case of an electric motor or in the case of electric vehicles having right hand driven integrated closed body and motor vehicles in this class used for carrying persons having seating capacity not more than five persons including the driver or carrying goods having maximum gross vehicle weight of 1000 Kilograms;”;

(7)

by the substitution for the definition of the expression “Special purpose vehicle” of the following:-

“ “special purpose vehicle” means a vehicle having a special chassis, or a general purpose chassis incorporating major modifications designed for a specific purpose which includes public utility vehicles (garbage trucks, street sweepers &c.), construction vehicles (mobile cranes, mobile drilling rigs, mobile plants, freezer trucks, forklifts, loaders

&c.) and any other special vehicle used for agricultural purposes and maintenance;”;

(8)

the definition of the expression “vehicle” is hereby amended by the substitution for the words “does not include a railway locomotive.” of the words

“does not include a railway locomotive;”;

(9)

by the insertion immediately after the definition of the expression “vehicle” of the following:-

“ “vehicle used by persons with disabilities” means a motor vehicle which is specially designed and constructed, or adapted, for the use of persons suffering from some physical defect or disability and intended solely for the use of such persons.”.

s 22Amendment of the Second Schedule to the principal enactment

The Second Schedule to the principal enactment, as last amended by section 2 of the Increase of Fines Act, No.

12 of 2005, is hereby amended as follows:-

(1)

by the omission of Column III thereof on such date as the Minister may prescribed by regulations published in the Gazette;

(2)

by the repeal of Columns I and II thereof and by the substitution therefor of the following:-

“ SECOND SCHEDULE

[Section 215A]

SECTION

PROVISION

1. Section 21, 22, 23,

24, 24A

- Identification plates

2. Section 38

- Revenue Licence to be displayed on motor vehicles and produced when required

3. Section 45

- Prohibition to use a motor vehicle in contravention of revenue

Licence

4. Section 128A

- Failure to obtain authorization to drive emergency service vehicles and public service vehicles

5. Section 128B

- Driving a special purpose vehicle without obtaining a licence

6. Section 128C

- Failure to obtain authorization to drive a vehicle loaded with chemicals, hazardous waste,

&c.

7. Section 130

- Failure to have a Licence to drive a specific class of vehicles

8. Section 135

- Failure to carry a Driving

Licence when driving

9. Section 139A

- Instructing without an instructor’s Licence

10. Sections 140 and 141 - Non-compliance with

Speed limits provisions

11. Section 148

- Failure to comply with road rules

12. Section 152

- Unobstructed control of vehicle when driving

13. Section 153

- Using inappropriate signals when driving &c.

14. Section 154

- Prohibit reversing a motor vehicle for a long distance on a road

15. Section 155

- Improper use of warning instruments

16. Section 155A

- Excessive emission of smoke &c.

17. Section 156

- Prohibit riding or permitting to ride on running boards &c. of motor vehicles

18. Section 157

- Restriction on the number of person in front seats of motor cars

19. Section 157A

- Non-use of seat belts

20. Section 158

- Failure to wear protective helmets when driving

21. Section 159

- Prohibition to distribute advertisements from a vehicle in motion

22. Section 160

- Prohibit excessive use of noise from a vehicle

23. Section 162

- Failure to obey directions and signals of police officers &c.

24. Section 164

- Non-compliance with traffic signs

25. Section 165

- Failure to take precautions when discharging fuel into the tank

26. Section 166

- Not to halt or park a motor vehicle on a road

27. Section 167

- Precautions to be taken when motor vehicle is halted or left unattended or disabled on a road

28. Section 178

- Carriage of persons in excess of authorized number in private coaches and of goods other than personal luggage in motor cars or private coaches

29. Section 179

- Carriage of persons or passengers in excess of authorized number, and of goods other than personal luggage in omnibuses

.”.

30. Section 188

- Carriage on lorry or motor tricycle van of goods in excess of maximum load or maximum axle load

31. Section 189

- Not to exceed the number of persons carried in a lorry

32. Section 190

- Violation of regulations

33. Section 196

- Failure to carry the emission certificate or the fitness certificate in the vehicle

s 23Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the

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