As enacted

Contents

71. Amendment of section 240 of the principal enactment

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

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

(1)

by the insertion, immediately before the definition of the expression “animal” of the following new definitions:—

“accident” means an accident—

(a)

which occurs or originates on a road, street or any other place open to public traffic ;

(b)

which results in one or more persons being killed or injured or causes damage to property ; and

(c)

in which at least one moving vehicle was involved, and includes collisions between vehicles, between vehicles and pedestrians

Offences triable by

Magistrate’s

Court.

“Offences to be cognizable and between vehicles and animals or fixed objects and includes accidents in which one vehicle alone is involved.;

“Act” means the Motor Traffic Act, (Chapter 203);

“anchor fitting” means the terminal part of a seat belt designed to be attached to a vehicle or seat;”;

“approved certifying officer” means a certifying officer referred to in section 195 who examines a motor vehicle for the purpose of issuing a certificate of fitness under section 196 ;

“approved garage” means a garage declared by the Commissioner-General or by the

Provincial Commissioner of Motor Traffic to be an approved garage by order under section 195 for the purpose of the examination and certification of fitness of motor vehicles prior to the issue of annual revenue licences ;

(2)

by the insertion, immediately after the definition of the expression “animal” of the following definition :—

“assembled illegally” means the assembling of a motor vehicle—

(a)

otherwise than with branded new parts ;

(b)

without the prior written permission of the manufacturer of those parts ; or

(c)

without the prior written approval of the

Commissioner-General.”;

(3)

by the substitution for the definition of the expression ‘articulated vehicle’ of the following definition:—

“articulated vehicle” means a motor vehicle comprising a Prime Mover and a Semi

Trailer;”;

(4)

by the insertion immediately after the definition of the expression “ at night” of the following definition :—

“branded” means branded with the trade name of a manufacturer registered with the Registrar of Trade Marks or with the equivalent authority of the foreign country from which the branded parts originated and includes parts branded by a manufacturer who has entered into an agreement with the original manufacturer of such parts;

“buckle component” means each one of the two parts of the buckle assembly designed to be latched to each other to complete the buckle assembly;”;

“Certificate of Fitness” means the Certificate issued under section 196 of this Act, and which includes a statement on the mechanical condition of the vehicle;

(5)

by the insertion, immediately after the definition of the expression “Certificate of Insurance” of the following definitions:—

“Certificate of Registration” means a Certificate issued by the Commissioner General to the effect that a motor vehicle has been duly registered under the provisions of this Act ;”;

(6)

by the substitution for the definition of the expression “Commissioner” of the following definition:—

“ “Commissioner-General”

means the

Commissioner General of Motor Traffic appointed under section 204 of this Act” ;

(7)

by the insertion, immediately after the definition of the expression “Commissioner General” of the following definitions :—

“ “dealer” means a person who is engaged in the business of hypothecation, sale, importation, leasing or hire purchase of motor vehicles in an approved garage and includes an importer;”;

“death” means the death of any person who was killed outright or who died within thirty days of a motor accident as a result of that accident”;

(8)

by the repeal of the definition of the expression;

“driving instructor” and the substitution therefor of the following definition:—

“driving instructor or assistant driving instructor”

means a person who possesses a valid instructor’s licence and is employed in a driving school and who gives instructions in the driving of a motor vehicle for a fee or reward, as approved by the Commissioner -

General;

“driving licence” means a licence issued under

Part VII of this Act ;

“driving school” means an establishment where persons are given instruction in the driving of motor vehicles for fee or reward and registered under the provisions of this Act;

“dual purpose vehicle” means a motor vehicle designed and constructed for the purpose of carrying both persons and goods contemporaneously, provided that the number of persons being carried (including the driver)

does not exceed nine in number, and the gross vehicle weight does not exceed three thousand five hundred kilograms”;

“emergency service vehicle” means –

(a)

a vehicle used by the Fire Brigade or

Police or an ambulance, responding to an emergency call and identified :—

(i)

in the case of the Fire Brigade, by the use of a red light ;

(ii)

in the case of a vehicle used by the

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

(iii)

in the case of an ambulance, by the use of a red light; and

(b)

any other vehicle responding to an emergency using blinking blue light or blinking amber light with the approval of the Commissioner-General of Motor

Traffic ;”;

“Emission Certificate” means the Certificate containing a statement to the effect that the emission of smoke, visible vapour, grit, sparks, ashes, cinder, greases or oily substance emanating from the vehicle is within the permitted limit.

(9)

by the substitution for the definition of the expression “examiner” of the following definition :—

‘ “examiner” means an examiner of motor vehicles appointed or deemed to be appointed under this Act and includes a Chief

Examiner and Deputy Chief Examiner ;”;

(10)

by the insertion immediately after the definition of the expression “examiner” of the following definition:—

“ “fabricated illegally” means the fabrication carried out on a chassis or a part of a chassis or body or part of a body of a motor vehicle, which causes changes to its prototype without the prior written approval of the

Commissioner-General.”.

“fatal accident” means an accident involving a single moving vehicle or several moving vehicles in which one or more persons are killed within thirty days of such accident;

“goods” includes livestock and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except a living person but does not include baggage or personal effects carried in a motor car or in a trailer attached to a motor vehicle or the personal baggage of passengers travelling in the vehicle;”;

(11)

by the insertion, immediately after the definition of the expression “Grama Seva Niladhari” of the following definitions :—

‘ “grievous injury” means an injury resulting in one or more of the kinds of hurt enumerated in section 311 of the Penal

Code (Chapter (19) ;

“gross vehicle weight” means the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle;

(12)

by the insertion, immediately after the definition of the expression “hand tractor” of the following definition:—

“ “heavy motor coach” means a combination of a motor coach having a seating capacity of not more than thirty three seats inclusive of the driver’s seat and its trailer and having a maximum authorized tare weight exceeding seven hundred and fifty kilograms or a combination of two motor coaches ;

“heavy motor lorry” means a combination of a motor lorry and trailer, or trailer or an articulated vehicle and its trailer and such trailer having an authorized tare weight in excess of seven hundred and fifty kilograms and such motor lorry and trailer or trailers or articulated vehicle and trailer or trailers having a gross vehicle weight in excess of three hundred and fifty kilograms;”;

(13)

by the repeal of the definition of “highway”;

(14)

by the insertion, immediately after the definition of “heavy motor lorry” of the following definitions:—

“ “Inspection Certificate” means a Certificate granted by an officer authorized by the

Commissioner-General where, after an examination of a motor vehicle, he is satisfied that the body, engine and the chassis of the vehicle conforms to the provisions of this Act and regulations made thereunder ;

“inspection and testing centre” means an inspection and testing centre approved by the

Commissioner - General under section 195;

“instructor” includes an assistant instructor ; and

“instructor’s licence” includes an assistant instructor’s licence;

(15)

by the substitution for the definition of the expression “land vehicle” of the following definition:—

“ “land vehicle” means a mechanically or electrically propelled vehicle or a vehicle propelled by solar energy or a vehicle propelled by liquid petroleum gas, including a vehicle including a trailer the gross vehicle weight of which does not exceed three thousand five hundred kilograms and which is constructed wholly or mainly for use on land in connection with an agricultural purpose or the carriage of construction material and garbage;”;

(16)

by the insertion, immediately after the definition of the expression “land vehicle” of the following definitions :—

“lap belt” means a seat belt designed to provide pelvic restraint only ;

“lap-sash seat belt” means a seat belt combining a lap strap designed to provide pelvic restraint and the torso strap designed to provide upper torso restraint;”;

(17)

by the repeal of the definition of the expression

“Licencing Authority” and the substitution of the following definition therefor:—

“Licencing Authority” means the authority empowered to issue revenue licences under the Constitution of the Democratic Socialist

Republic of Sri Lanka;

(18)

by the insertion, immediately after the definition of the expression “Licensing Authority” of the following definition:—

“light motor coach” means a motor vehicle not being a motor ambulance or motor hearse having a seating capacity of ten or more persons and less than thirty four persons, including of the driver’s seat and their effects and includes a trailer so constructed or adapted of which the authorized tare does not exceed seven hundred and fifty kilograms ;

“light motor lorry” means a motor lorry the gross vehicle weight of which exceeds 3500

kilograms and does not exceed 17000

kilograms and which may be combined with a trailer having a minimum authorized tare which does not exceed 750 kilograms, and includes a motor hearse and ambulance;”;

(19)

by the repeal of the definition of “lorry” ;

(20)

by the insertion, immediately after the definition of “local authority” of the following definition :—

“ “manufacturer” means a person who is engaged in the business of building bodies for attachment to chassis in an approved factory ;”;

“ “manufactured, innovated, adapted , modified or the construction of which has been changed illegally” means the manufacture, innovation, adaptation, modification or the change of construction of a motor vehicle without the prior written approval of the

Commissioner-General, under subsection (2)

of section 19A”;

(21)

by the substitution for the definition of the expression “moped” of the following definition:—

“ “moped” means a motor cycle with an internal combustion engine having a cylinder capacity not exceeding fifty cubic centimetres and which is equipped with pedals by means of which it can be propelled;”;

(22)

by the repeal of the definition of “motor coach”

and the substitution of the following definitions therefor :—

“motor coach” means a motor vehicle not being a motor ambulance or motor hearse having a seating capacity of more than thirty three persons (including the driver) and their effects and includes a trailer so constructed or adapted which does not exceed seven hundred and fifty kilograms;

“motor cycle” means a motor vehicle, including a moped other than a motor tricycle or a motor tricycle van designed to travel on not more than three wheels, and having a tare which together with the tare of any side car attached thereto, does not exceed two hundred and fifty kilograms ;”;

(23)

by the insertion, immediately after the definition of the expression “Motor hearse” of the following definition:—

“motor lorry” means a motor vehicle constructed or adapted wholly or mainly for the carriage of goods the gross vehicle weight of which is more than 17000 kilograms and which may be combined with a trailer so constructed or adapted having a maximum authorized tare which does not exceed 750 kilograms;”;

(24)

by the repeal of the definition of “motor tricycle”

and “motor tricycle van” and the substitution of the following definitions therefor:—

“motor tricycle” means a motor vehicle designed to travel on three wheels and having a tare which does not exceed 500 kilograms and which is constructed wholly or mainly for the carriage of passengers;

“motor tricycle van” means a motor vehicle which is designed to travel on three wheels and having a tare which does not exceed 500

kilograms the gross vehicle weight of which does not exceed 1000 kilograms and which is constructed or adapted wholly or party for the carriage of goods;”;

(25)

by the repeal of the definition of “motor vehicle”

and the substitution therefor of the following definition :—

“motor vehicle” means—

(a)

any mechanically and/or electrically, and/or solar energy propelled vehicle or vehicle propelled by liquid petroleum gas or vehicle propelled by alternative fuel including a tractor or trailer which is intended or adapted for use on roads but does not include a road-roller ;

(b)

any mechanically and/or electrically and/or solar energy propelled vehicle, or vehicle propelled by liquied petroleum gas or vehicle propelled for altenative fuel or intended for use on land in connection with an agricultural or constructional purpose such as leveling dredging, earthmoving, forestry or any similar operation but does not include a road-roller;” ;

(26)

by the substitution for the definition of the expression “owner” of the following new definition :—

“owner” in relation to a motor vehicle means a person in whose name a motor vehicle stands registered and where such person is a minor, the guardian of such minor and in relation to a motor vehicle which is the subject of a hire purchase agreement or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement;”;

(27)

by the insertion, immediately after the definition of the expression “passenger” of the following definition:—

“ “permit” means a permit issued by the

Commissioner-General” ;

(28)

by the insertion, immediately after the definition of the expression “private coach” of the following definitions :—

“public place” means a road, street, way or other place, whether a thoroughfare or not to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by an omnibus ;

“public service vehicle” means any motor vehicle used or adapted to be used or kept for the carriage of passengers for a fee or reward ;”;

(29)

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

“registered owner” in relation to a motor vehicle or a trailer means a person in whose name such motor vehicle or trailer is registered;”;

(30)

by the insertion, immediately after the definition of “repealed Ordinance” of the following definitions :-

“road” means the entirety of any public way or any other road to which the public has access and includes a national highway, express way and restricted access highway and any bridge or culvert over which such road passes ;

“sash guide” means a system of one or more devices which locate the torso strap of a lap-sash seat belt;

“seat belt” means an arrangement of straps, anchor fittings securing buckle, adjusting devices, and at least one sash guide device designed to restrain a motor vehicle occupant in the event of an impact or accident ;

“special purpose vehicle” means a mechanically propelled vehicle specially constructed for purposes of agriculture, construction or loading and unloading of goods ;

“stopping place” means a place set out under any law as a place at which omnibuses may be halted for the purpose of picking up or setting down passengers ;

“strap” means a part of a seat belt designed with flexure to facilitate correct and comfortable wearing;”;

(31)

by the insertion, immediately after the definition of the expression “trailer” of the following definition :—

“vehicle” means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn and includes a bicycle or other peddle powered vehicle and trailer carriage, cart, coach, tram car and mechanically propelled and/or electrically and/or solar energy propelled vehicle or vehicle propelled by liquid petroleum gas or vehicle propelled by alternative fuel and any artificial contrivance used or capable of being used as a means of transportation on land but does not include a railway locomotive .”.

Read on from s 72