26.02.19 - THE ROAD TRAFFIC (AMENDMENT) ACT 2018

THE ROAD TRAFFIC (AMENDMENT) ACT 2018
Act No. 12 of 2018
Proclaimed by [Proclamation No. 25 of 2018] w.e.f from 1 October

2018
Government Gazette of Mauritius No. 72 of 11 August 2018
I assent
PARAMASIVUM PILLAY VYAPOORY

10 August 2018 Acting President of the Republic
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Section 2 of principal Act amended

10. Section 123N of principal Act amended
11. Section 123AE of principal Act amended
12. Section 123AG of principal Act amended
14. Section 143A of principal Act amended

17. Section 191 of principal Act repealed and replaced
22. Fourth Schedule to principal Act repealed and replaced
23. Seventh Schedule to principal Act repealed and replaced
24. Eighth Schedule to principal Act amended
25. Twelfth Schedule added to principal Act
26. Consequential amendments
27. Commencement
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
An Act
To amend the Road Traffic Act
ENACTED by the Parliament of Mauritius, as follows –
1. Short title
This Act may be cited as the Road Traffic (Amendment) Act

2018.
2. Interpretation
In this Act –
“principal Act” means the Road Traffic Act.
Section 2 of the principal Act is amended, in the definition of

“prescribed limit” –
(a) in paragraph (a), by deleting the figure “23” and

replacing it by the figure “9”;
(b) in paragraph (b), by deleting the figure “50” and
replacing it by the figure “20”;
(c) in paragraph (c), by deleting the figure “67” and

replacing it by the figure “27”.
Section 21 of the principal Act is amended, in subsection (3),

by deleting the words “3,000 rupees” and “10,000 rupees” and
replacing them by the words “5,000 rupees” and “20,000 rupees”,
respectively.
Section 40 of the principal Act is amended, in subsection

(2), by deleting the words “an offence.” and replacing them by the
words “an offence and shall, on conviction, be liable to a fine of
not less than 50,000 rupees and not exceeding 100,000 rupees
and to imprisonment for a term not exceeding 12 months.”.

(6), by deleting the words “an offence.” and replacing them by the
words “an offence and shall, on conviction, be liable to a fine of
not less than 50,000 rupees and not exceeding 100,000 rupees
and to imprisonment for a term not exceeding 12 months.”.

(4)(c) –
(a) in subparagraph (ii), by deleting the words “not

exceeding 2,000 rupees” and replacing them by the
words “of not less than 50,000 rupees and not
exceeding 100,000 rupees”;
(b) in subparagraph (iii), by deleting the words “not

exceeding 2,000 rupees” and replacing them by the
words “of not less than 50,000 rupees and not
exceeding 100,000 rupees”.

(1)(b), by deleting the words “1,000 rupees” and “3 months” and
replacing them by the words “20,000 rupees” and “12 months”,
respectively.

by deleting the figure “500” and replacing it by the figure “5,000”.
10. Section 123N of principal Act amended

Section 123N of the principal Act is amended, in subsection
(4), by deleting the words “2,000 rupees” and replacing them by
the words “5,000 rupees”.
11. Section 123AE of principal Act amended
Section 123AE of the principal Act is amended, in subsection

(2), by deleting the figure “3,000” and replacing it by the figure
“10,000”.
12. Section 123AG of principal Act amended
Section 123AG of the principal Act is amended –
(a) in subsection (2), by deleting the words “Where a”,

“sixth occasion” and “sixth offence” and replacing them
by the words “Subject to subsection (10), where a”,
“fifth occasion” and “fifth offence”, respectively;
(b) in subsection (7)(a), by deleting the words “Where the”

and “sixth conviction” and replacing them by the words
“Subject to subsection (10), where the” and “fifth
conviction”, respectively;
(c) by inserting, after subsection (8), the following new subsection
–
(8A) ( a)The licensing officer shall, where a person is
convicted on a third occasion of one or more offences
specified in the second column of the Third Schedule and
those offences are committed within a period of 24 months,
issue that person with a Cumulative Road Traffic Convictions
Notice in the form set out in the Twelfth Schedule.
(b) Failure to comply with paragraph (a)
shall not be a bar for the licensing officer to make an
application under subsection (7)(a).
(d) by adding the following new subsection –
(10) (a) Subject to paragraph (b), a person

shall, where he is convicted on a fifth occasion of one
or more offences specified in the second column of the
Third Schedule, be disqualified in accordance with this
section only where those offences have been
committed on or after the commencement of this
subsection.
(b) Where a person has, prior to the

commencement of this subsection, committed at least
one offence specified in the second column of the Third
Schedule, he shall be disqualified in accordance with
this section only if he is convicted on a sixth occasion,
as if the amendments brought to subsections (2) and
(7)(a) have not come into operation.

(4)(a), by deleting the words “5,000 rupees”, “third or” and “10,000
rupees” and replacing them by the words “50,000 rupees”, “second
or” and “75,000 rupees”, respectively.
14. Section 143A of principal Act amended
Section 143A of the principal Act is amended, in subsection

(2), by deleting the figures “500” and “1,000” and replacing them by
the figures “1,000” and “5,000”, respectively.
Section 161 of the principal Act is amended –
(a) in subsection (3)

–
(i) in paragraph (a), by deleting the words “under this

Act” and replacing them by the words “or permit
issued under this Act, or a photocopy thereof ”;
(ii) in paragraph (c), by deleting the words “Part VI”

and replacing them by the words “this Act”;
(iii) by adding the following new paragraph, the full

stop at the end of paragraph (j) being deleted and
replaced by the words “; or” and the word “or” at
the end of paragraph (i) being deleted –
(k) a parking coupon.
(b) by adding the following new subsection –

(4) In this section –
“parking coupon” means a document

allowing a person to park his vehicle in a
paid parking zone.

(1)(b), by deleting the words “10,000 rupees” and “12 months” and
replacing it by the words “100,000 rupees” and “5 years”,
respectively.
17. Section 191 of principal Act repealed and replaced
Section 191 of the principal Act is repealed and replaced by the

following section –
191. Fixed Penalty Notice
(1) Where a person commits an offence specified in

the second column of the Fourth Schedule, the police officer,
road transport inspector or traffic warden who detects the
offence shall –
(a) immediately serve a Fixed Penalty Notice

(FPN) on that person calling upon him to
pay, within 28 days from the date of the
offence, the appropriate fine specified in
that Schedule;
(b) where that person refuses the FPN under

paragraph (a), serve, within 10 days of the
date of the offence, the FPN by sending it by
registered post to that person’s usual or last
known place of residence or business
address, calling upon him to pay, within 28
days from the date of the offence, the
appropriate fine specified in that Schedule,
to the appropriate District Court.
(2) The FPN shall be in the form set out in the

Seventh Schedule and be drawn up in quadruplicate.
(3) The police officer, road transport inspector or

traffic warden who detects the offence shall –
(a) serve or cause to be served the original of
the FPN on the offender;
(b) forward one copy of the FPN to the

Commissioner of Police or the
Commissioner, as the case may be;
(c) forward one copy of the FPN to the

appropriate District Court; and
(d) retain the fourth copy of the FPN.
(4) Nothing in this section shall invalidate any FPN

served prior to the commencement of this section and that
FPN shall continue to be dealt with in accordance with the
repealed section 191.

by deleting the figure “21” and replacing it by the figure “28”.
Section 193 of the principal Act is amended by deleting the

words “the time limit mentioned in the notice” and “second column”
and replacing them by the words “28 days of the date of the
offence” and “third column”, respectively.

words “21 days” wherever they appear and replacing them by the
words “28 days”.

words “21 days” and replacing them by the words “28 days”.
22. Fourth Schedule to principal Act repealed and replaced
The Fourth Schedule to the principal Act is repealed and

replaced by the Fourth Schedule set out in the First Schedule to
this Act.
23. Seventh Schedule to principal Act repealed and replaced
The Seventh Schedule to the principal Act is repealed and

replaced by the Seventh Schedule set out in the Second Schedule
to this Act.
24. Eighth Schedule to principal Act amended
The Eighth Schedule to the principal Act is amended by

deleting the words “21 days” wherever they appear and replacing
them by the words “28 days”.
25. Twelfth Schedule added to principal Act
The principal Act is amended by adding the Twelfth

Schedule set out in the Third Schedule to this Act.
26. Consequential amendments
(1) The Road Traffic (Paid Parking) Regulations 2002 is

amended, in regulation 2, by deleting the definition of “parking
coupon”.
(2) The Road Traffic (Pedestrian Crossings) Regulations

2002 is amended, in regulation 10, by deleting the figure “1,000”
and replacing it by the figure “5,000”.
(3) The Road Traffic (Use of High Visibility Clothing)

Regulations 2013 is amended, in regulation 5, by deleting the
figure “1,000” and replacing it by the figure “5,000”.
27. Commencement
Proclaimed by [Proclamation No. 25 of 2018] w.e.f from 1 October

2018
(1) Subject to subsection (2), this Act shall come into

operation on a date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into

operation of different sections of this Act.
Passed by the National Assembly on the twenty fourth day of

July two thousand and eighteen.
Urmeelah Devi Ramchurn (Ms)

Acting Clerk of the National Assembly
FIRST SCHEDULE
[Section 22]
FOURTH SCHEDULE
[Section 191(1)]
Offences Fine
(Rs)
1. Acting as conductor of a public service vehicle
without licence – sections 108 and 163 500
2. Admitting into the front seat of a motor vehicle,
other than a motor bus, a child under the age of 10
whilst the vehicle is in motion – section 163 and
regulation 40C of the Road Traffic Regulations
1954 2,000
3. Admitting more passengers in public service

vehicle – section 79(2) 1,000
4. Alighting or picking up passengers at a place other
than at a bus stop – regulations 114(a) and 125 of
the Road Traffic (Construction and Use of
Vehicles) Regulations 2010 1,000
5. Allowing door to remain open while vehicle is in

motion – section 163 and regulation 3(ix) of the
Road Traffic (Conductors and Drivers of Public
Service Vehicles) Regulations 1954 1,000
6. Allowing vehicle to stand on a road so as to cause

obstruction on the road – regulations 75 and 125
of the Road Traffic (Construction and Use of
7. Allowing vehicle to remain at rest on central
reservation – section 163 and regulation 8 of the
Road Traffic (Motorways) Regulations 1964
2,000
8. Altering silencer of vehicle in such a way that the
noise caused by the escape of the exhaust gases is
made greater by the alteration – regulations 83(3)
and 125 of the Road Traffic (Construction and Use
of Vehicles) Regulations 2010
2,000
9. Beacon lamp not emitting light – regulations 44 and

125 of the Road Traffic (Construction and Use of
vehicles) Regulations 2010 1,000
10. Brake lamps out of order – regulations 41 and 125

11. Breach of condition attached to a petrol service

station licence or a private petrol station licence
– sections 163 and 166A(4)(c) 500
12. Breach of condition attached to carrier’s licence

– sections 87(4) and 163 500
13. Breach of condition attached to public service vehicle

licence – sections 76(7) and 163 1,000
14. Breach of condition attached to road service licence

– section 77(3) 1,000
15. Breach of lane discipline on a dual carriageway
– section 123AM(2), (3), (4), (5) and (6)
1,000
16. Breach of motor dealer’s licence –
regulations 4(1) and 12 of the Road Traffic
(Motor Dealer’s Vehicle Licence) 500
Regulations 1988
17. Bus having gross weight exceeding 3,500

kilogrammes not fitted with reversing alarm
– regulations 23(3) and 125 of the Road
Traffic (Construction and Use of vehicles)
Regulations 2010 1,000
18. Driving on a road any vehicle which causes,

or is liable to cause, danger to a person by
reason of the load or part of it being
insecurely fastened and falling, or liable to
fall, from the vehicle, or projecting from the
vehicle – sections 123V(1) and 163 2,000
19. Carrying a passenger on a motorcycle or an

auto cycle not constructed or adapted to
carry more than one person – section 163
and regulation 40(19)(f) of the Road Traffic 1,500
Regulations 1954
20. Carrying a passenger on a motorcycle or an
auto cycle not fitted with support or rests –
regulations 122(2) and 125 of the Road
Traffic (Construction and Use of Vehicles) 1,500
Regulations 2010
21. Carrying inflammable liquid in or on public

service vehicle – regulations 92 and 125 of
22. Carrying load on handle bar of a motorcycle
or an auto cycle – regulations 121(2) and
125 of the Road Traffic (Construction and
Use of Vehicles) Regulations 2010 500
23. Carrying more than one person as pillion

rider on a motor cycle or an auto cycle –
sections 123Y(1) and 163 1,500
24. Carrying person(s) in the open pick up

area of a double cab pick up/dual purpose
vehicle – regulations 69(6)(a) and 125 of the
Road Traffic (Construction and Use of
25. Carrying unauthorised person in a motor

vehicle used under a motor vehicle dealer’s
licence – regulations 4(2) and 12 of the Road
Traffic (Motor Vehicle Dealer’s Licence) 500
Regulations 1988
26. Causing a motor vehicle to travel backwards
for a greater distance or time than may be
necessary for turning or other reasonable
purpose – section
163 and regulation 40(2) of the Road Traffic 1,500
Regulations 1954
27. Causing a vehicle to be used in contravention

of the laden or axle weight – section 1,500
166(1)(b)
28. Displaying advertisement on taxi not as
prescribed
– regulations 13(2) and 15 of the Road Traffic 500
(Control of Taxi Operations) Regulations
2011
29. Displaying without authorisation upon or
near the windscreen or any window of taxi
any word, letter, sign or label – regulations
11 and 15 of the Road Traffic (Control of
Taxi Operations) Regulations 2011 500
30. Driving a motor vehicle at such a speed so
as to cause obstruction – regulations 75 (a)
and 125 of the Road Traffic (Construction
and Use of Vehicles) Regulations 2010 2,000
31. Driving a motor vehicle in such a position

that the driver is unable to have proper
control of the vehicle – regulations
78(1)(a) and 125 of the Road Traffic
(Construction and Use of Vehicles) 2,000
Regulations 2010
32. Driving a motor vehicle in such a position

that the driver is unable to retain a full view
of the road and traffic ahead – regulations
78(1)(b) and 125 of the Road Traffic
Regulations 2010
33. Driving a motor vehicle, other than a
motorcycle or an auto cycle not fitted with an
enclosed compartment, which is not fitted
with an efficient windscreen wiper –
regulations 20 and 125 of the Road Traffic
Regulations 2010
34. Driving a motor vehicle with its front
windscreen and windows having a visual
transmission of light of less than 75 per cent
Regulations 2010
35. Driving a motor vehicle with non-transparent

material placed on windscreen/window in
such manner as to obstruct the driver’s view
of the road
– regulations 79(1)(a) and 125 of the Road
Regulations 2010
36. Driving a motor vehicle with gear lever in

neutral position – regulations 78(3) and 125
of the Road Traffic (Construction and Use
of Vehicles) Regulations 2010 1,000
37. Driving a motor vehicle with person driving
or riding in the front or rear seat failing to
wear a seat belt – regulations 87(2) and
Use of Vehicles) Regulations 2010 2,000
38. Driving a motor vehicle whilst being in such
a position as to be able to see a television
receiving apparatus or other
cinematographic apparatus – regulations
89(1)(3) and 125 of the Road Traffic
Regulations 2010
39. Driving a motor vehicle without horn –
Traffic (Construction and Use of Vehicles) 500
Regulations 2010
40. Driving a motor vehicle, other than a
motorcycle or an auto cycle, on a road
without an insurance vignette being affixed
to and conspicuously displayed on the left
corner of its windscreen – sections 2,000
57A(2)(b) and 163
41. Driving a motor vehicle with more than four
front lamps at a time – regulations 103(4) and
42. Driving a motorcycle or an auto cycle, on a

road without an insurance vignette being
affixed to and conspicuously displayed on
the near side of its front seat – sections 2000
57A(2)(a) and 163
43. Driving a motorcycle whose engine capacity

exceeds 50 cubic centimetres without
keeping head lamp lighted at all times –
Regulations 2010
44. Driving a taxi without a valid certificate of

registration - regulations 3 and 15 of the Road
Traffic (Control of Taxi Operations) Regulations 500
2011
45. Driving on a public road designated and sign
posted for one-way traffic in a direction other
than that designated – section 163 and
regulation 40(13) of the Road Traffic 1,000
Regulations 1954
46. Driving, moving, stopping or remaining at
rest on a central reservation – section 163
and regulation 8 of the Road Traffic
(Motorways) Regulations 1964 2,000
47. Driving, riding, stopping or parking
vehicle on footpath or part thereof – section
163 and regulation 3(3) of the Road Traffic
(Driving and Parking Directions) Order 1951 1,000
48. Emergency door of public service vehicle
not in good working condition and not
properly closed whilst in operation – section
163 and regulation 12B of the Road Traffic
(Conductors and Drivers of Public Service 2,000
Vehicles) Regulations 1954
49. Exceeding speed limit by not more than 15

km per hour – section 124 and the Road
Traffic (Speed) Regulations 2011 2,500
50. Exceeding speed limit by more than 15 but

not more than 25 km per hour – section
124(4) and the Road Traffic (Speed) 5,000
Regulations 2011
51. Exceeding speed limit by more than 25 km

per hour – section 124(4) and the Road
Traffic (Speed) Regulations 2011 10,000
52. Failing to allow free and uninterrupted
passage to a pedestrian using a crossing –
regulations 3(b) and 10 of the Road Traffic
(Pedestrian Crossings) Regulations 2002 1,500
53. Failing to affix identification plates to the
front and to the rear of a vehicle used under
a motor vehicle dealer’s licence –
regulations 4(2)(d) and 12 of the Road
Traffic (Motor Vehicle Dealer’s Licence) 500
Regulations 1988
54. Failing to affix on the centre of the roof or the
roof-rack of the taxi a yellow sign bearing the
word “TAXI” in black – regulations 10(1) and 15
of the Road Traffic (Control of Taxi Operations)
Regulations 2011
500
55. Failing to fix registration mark of the vehicle –

sections 19(1)(2) and 163
3,000
56. Failing to fix registration plate in provided space
– regulations 60(1)(a) and 125 of the Road
Traffic (Construction and Use of Vehicles)
57. Failing to apply for permission to remove an

unlicensed vehicle from premises where it is
kept to other premises – sections 22 and 163
500
58. Failing to carry a yellow indelible chalk or other

appropriate yellow indelible marker – sections
68J(2) and section 163
500
59. Failing to carry one emergency triangular

warning sign in motor vehicle – regulations
70(1) and 125 of the Road Traffic (Construction
and Use of Vehicles) Regulations 2010
500
60. Failing to carry in a motor vehicle a fire
extinguisher in an accessible position readily
available for use – regulations 34 and 125 of
500
61. Failing to carry in his vehicle an Agreed
Statement of Facts Form – section 68B(3) and
500
(5)
62. Failing to cause a clearly visible mark, as

prescribed, to be embossed or printed on
retreaded tyre – regulations 81(6) and 125 of
1,000
63. Failing to communicate result of exhaust

emission test to Commissioner within
prescribed period
– regulations 13(2) and 22 of the Road Traffic
(Control of Vehicle Emissions) Regulations 2,000
2002
64. Failing to comply with conditions attached to

a motor vehicle dealer’s licence and with
other requirements – regulations 4, 8, 9, 10
and 12 of the Road Traffic (Motor Vehicle
Dealer’s Licence) Regulations 1988
500
65. Failing to comply with traffic sign and traffic
direction – sections 123AD and 163 and
Traffic Signs Regulations 1990
2,000
66. Failing to display Certificate of fitness on motor

vehicle/trailer – sections 114(5) and 122
1,000
67. Failing to display class label on front of
vehicle
– regulations 2, 32 and 125 of the Road
68. Failing to cause to be displayed on contract
bus the class of the vehicle and the service
authorised under the licence – regulations
5(a)(i)(ii) and 8(4) of the Road Traffic
(Control of Contract Car and Contract Bus 500
Operations) Regulations 2016
69. Failing to cause to be displayed at the front
of a contract bus, the class of the vehicle –
regulations 5(b) and 8(4) of the Road Traffic
(Control of Contract Car and Contract Bus
Operations) Regulations 2016 500
70. Failing to ensure that bonnet hinged covers

and doors are kept firmly shut on the
primary catch while vehicle is in motion –
Regulations 2010
71. Failing to equip motor vehicle with safety

glass wherever glass is used in doors,
windows and windscreens – regulations
18(1) and 125 of the Road Traffic
Regulations 2010
72. Failing to fit motor vehicle with speedometer
located in a position – regulations 21 and
Use of Vehicles) Regulations 2010 500
73. Failing to fit a motorcycle, an auto cycle or a
pedal cycle with a red reflector at its rear –
Regulations 2010
74. Failing to highlight chassis number of goods
vehicle and trailer with white paint wherever
it appears – regulations 5(3) and 125 of the
Vehicles) Regulations 2010 500
75. Failing to indicate intention to draw out from

parking space – section 163 and regulation
40(15) of the Road Traffic Regulations 1954 1,000
76. Failing to keep both hands on steering
wheel of motor vehicle – regulations 78(2)
77. Failing to keep feet, at all times whilst

moving, on footrests whilst riding auto
cycle/motorcycle
Regulations 2010
78. Failing to keep to the left or nearside of the

road
– section 163 and regulations 40(6) of the 1,000
Road Traffic Regulations 1954
79. Failing to stop a bus at a bus stop along its

route – section 163 and regulation 4(2) of the
Road Traffic (Conductors and Drivers of
Buses) Regulations 1954 1,000
80. Failing to park bus within 1.5 meters from the
rear of preceding bus at bus stop –
regulations 114(d) and 125 of the Road
Regulations 2010
81. Failing to stop bus with its front within 600
millimetres from a bus stop sign –
regulations 114(b) and 125 of Road Traffic
(Construction and Use of Vehicles) 500
Regulations 2010
82. Failing to wear high visibility clothing whilst

driving a motorcycle or an auto cycle –
regulations 2, 3(1) and 5 of Road Traffic
(Use of High Visibility Clothing) Regulations 1,000
2013
83. Failing to wear securely a prescribed

protective helmet while riding a motorcycle
or auto cycle – section 123N(3)(a) and (4) 1,500
84. Failing, whilst driving or whenever the taxi is

standing, to display registration certificate
inside the taxi in a manner clearly visible
from outside
– regulations 6(1) and 15 of the Road Traffic 500
(Control of Taxi Operations) Regulations
2011
85. Failing to display licence number and base
of operation on the front doors of a taxi –
(Control of Taxi Operations) Regulations 500
2011
86. Failing to equip emergency exit of bus with
an electrical sensor such that the driver is
given audible and visual alarm when the
door is not securely fastened – regulation
3(2)(a) and paragraph 5 of Part 1 of Fourth
Schedule and regulation 125 of the Road
Regulations 2010
87. Failing to extinguish main beam of light
emitted by headlamp of motor vehicle –
Regulations 2010
88. Failing to give proper signal when about to
turn or stop – section 163 and regulation
40(1)(i) of the Road Traffic Regulations 1954 1,000
89. Failing to give way to traffic from the right

when approaching a roundabout – section
90. Failing to give way when coming out of a

less important road onto a more
important one
– section 163 and regulation 40(2)(5) of 1,000
the Road Traffic Regulations 1954
91. Failing to issue ticket – regulations 3(2) and

17 of the Road Traffic (Bus Fares) 500
Regulations 2016
92. Failing to issue, prior to delivery of a new or
second hand imported motor vehicle to its
owner, a certificate stating that the motor
vehicle has been correctly inspected
complies with the specified standard for
exhaust and noise emissions – regulations
14 and 22 of the Road Traffic (Control of 2,000
Vehicle Emissions) Regulations 2002
93. Failing to keep register whilst driving taxi –
2011
94. Failing to operate and maintain approved
facility
– regulations 15(1) and 22 of the Road 5,000
Traffic (Control of Vehicle Emissions)
Regulations 2002
95. Failing to overtake traffic on the right –

section 163 and regulation 40(1)(f) of the
Road Traffic Regulations 1954 1,000
96. Failing to produce carrier’s licence on
demand
– section 163 and regulation 26 of the Road
Traffic (Public Service Vehicle, Road Service 500
and Carrier’s Licence) Regulations 1964
97. Failing to produce conductor’s or driver’s

licence or badge on demand – section 163
and regulation 12A (8) of the Road Traffic
(Conductors and Drivers of Public Service
Vehicles) Regulations 1954 500
98. Failing to produce driving licence or an up to

date photocopy in the actual size of the
original on request when driving a motor
vehicle on a road – sections 46(1) and 163 500
99. Failing to produce driving licence within 5

days at such police station as specified by
driver on request – section 46(3) and (4) 1,000
100. Failing to produce public service vehicle
licence on demand – section 163 and
regulation 20 of the Road Traffic (Public
Service Vehicles, Road Service and Carrier’s 500
Licence) Regulations 1964
101. Failing to produce register of driver on

demand
– regulations 7(1)(b) and 15 of the Road 500
Traffic (Control of Taxi Operations)
Regulations 2011
102 Failing to submit monthly return – section
. 163 and regulations 2, 3 and 4 of the Road
Traffic (Public Service Vehicles) (Records
and Returns) Regulations 1984 500
103 Failing to submit vehicle to exhaust emission

. test
– regulations 13(1) and 22 of the Road 2,000
Traffic (Control of Vehicle Emissions)
Regulations 2002
104 Failing to take his vehicle to a place

. specified by an authorised officer for an
opacity test – regulations 16(1) and 22 of the
Road Traffic (Control of Vehicle Emissions) 1,000
Regulations 2002
105 Failing to comply with a notice to take his

. vehicle to a place specified by an authorised
officer for a noise emission test within the
specified period of time – section 163 and
regulation 22 of the Road Traffic (Control of
Vehicle Emissions) Regulations 2002 1,000
106 Failing, in case of an accident, a breakdown
. or an emergency, to Display, or to cause to be
displayed, a triangular warning sign –
Regulations 2010
107 Failing to use a dipped beam of light when
. approaching another vehicle from the
rear at a distance of 100 metres –
Regulations 2010
108 Failing to wear a seat belt whilst driving a
. motor vehicle – regulations 87(1)(a)(i) and
(b) and 125 of the Road Traffic
Regulations 2010
109 Failing, when acting as conductor or driver

. of a public service vehicle, to wear a
badge in a conspicuous position – section
163 and regulation 12A(2) of the Road
Traffic (Conductors and Drivers of Buses) 500
Regulations 1954
110 Fitting a wireless receiving apparatus or

. sound transmitting apparatus to a bus
without the written permission of the
Commissioner – regulations 3(2)(a) and
125 of, and paragraph 23 of Part I of the
Fourth Schedule to, the Road Traffic 500
(Construction and Use of Vehicles)
Regulations 2010
111 Fitting motor vehicle with a bull bar –
. regulations 4(3) and 125 of the Road Traffic
Regulations 2010
112 Fitting motor vehicle with siren, bell, gong or

. multi-tone horn – regulations 23 and 125 of
113 Bodywork, upholstery, fittings and
. accessories not in good and serviceable
condition – regulations 4(1) and 125 the
Road Traffic (Construction and Use of 1,000
114 Fitting of spot lamp on motor vehicle –
. regulations 106 and 125 of the Road Traffic
Regulations 2010
115 Fitting, or causing to be fitted, any additional

. seat in motor vehicle without approval of
Commissioner – section 163 and regulation
48B of the Road Traffic Regulations 1954 1,000
116 Fog lamp not fitted in prescribed manner –
(Construction and Use of Vehicles)
117 Trailer, bus or goods vehicle with gross

. weight exceeding 3,500 kilogrammes not
fitted with reversing alarm – regulations 23
118 Failing to wear high visibility clothing whilst

. riding a motorcycle or an auto cycle as
pillion rider – regulations 2, 3(2) and 5 of the
Road Traffic (Use of High Visibility Clothing) 1,000
Regulations 2013
119 Hiring a motor vehicle as a whole or at

. separate fares, without ascertaining that the
vehicle is licensed for the purpose of such 2,000
travel – section 143A(1) and (2)
120 Motor vehicle, or combination of vehicles,
. fitted with inefficient braking system –
Regulations 2010
121 Exhaust silencer system not in good and
. efficient working order – regulations 83(2)
122 Item not forming part of auto cycle/motor

. cycle suspended from or connected to any
part of the handle bar or steering
mechanism – regulations 121(1) and 125 of
the Road Traffic (Construction and Use of 500
123 Keeping a bus stationary at a bus stop for a

. longer period of time than is necessary
for enabling a person to alight or to enter
the bus – section 163 and regulation 4(2)(b)
of the Road Traffic (Conductors and Drivers
of Buses) Regulations 1954 1,000
124 Lamps inside bus not lighted during the

. hours of darkness in a prescribed manner –
Regulations 2010
125 Lamp not fitted in prescribed manner –
Regulations 2010
126 Layout of registration mark not as prescribed

. – regulations 59 and 125 of, and Eighth and
Ninth Schedules to, the Road Traffic
Regulations 2010
127 Allowing engine to operate for more than
. five consecutive minutes whilst motor
vehicle is stationary – regulations 85(1) and
128 Lighting fog lamps where road visibility is

. more than 100 metres – regulations 103(5)
129 Motor vehicle projecting load more than 75

. millimetres beyond the external edges of the
tyres of the wheels on either side –
Regulations 2010
130 Operating goods vehicle, trailer or semi-
. trailer, the gross weight of which exceeds
3,500 kilogrammes, without prescribed
information
– regulations 120 and 125 of the Road
Regulations 2010
131 Motor dealer’s identification plate of a motor
. vehicle not as approved by the Authority –
(Motor Dealer’s Vehicle Licence) 500
Regulations 1988
132 Motor vehicle with gross weight exceeding

. 16,000 kilogrammes not fitted with beacon
lamp in a prescribed manner – regulations
44 and 125 of the Road Traffic (Construction
133 Motor vehicle fitted with front fog lamps not
. as prescribed – regulations 38(1), (2) and
(3) and 125 of the Road Traffic
Regulations 2010
134 Motor vehicle licence not affixed in
. prescribed manner– sections 137 and 163
and regulation 15 of the Road Traffic 500
Regulations 1954
135 Negligently or wilfully preventing, hindering

. or interrupting traffic on the road – section
136 Public service vehicle providing authorised

. services without conductor – section 163
and regulation 2A of the Road Traffic
(Conductors and Drivers of Buses) 500
Regulations 1954
137 Near-side or off-side exterior mirror not as

. prescribed – regulations 19(2) and 125 of
138 Flaps behind rear wheels not as
. prescribed
– regulations 61 and 125 of the Road Traffic
Regulations 2010
139 Fuel tank not provided with effective cover or
. lid
– regulations 30(1)(f) and 125 of the Road
Regulations 2010
140 Interior mirror not as prescribed –
. regulations 19(1) and 125 of the Road
Regulations 2010
141 Goods vehicle or trailer not fitted with rear
. marking not as prescribed – section 137 and
Regulations 2010
142 Trailer not fitted with side marking not as

. prescribed – section 137 and regulations
54(4) and 125 of the Road Traffic
Regulations 2010
143 Goods vehicle, trailer or semi-trailer with gross

. weight exceeding 3,500 kilogrammes not fitted
with rear under-run protection in the manner
prescribed
– regulations 62 and 125 of the Road Traffic
Regulations 2010
144 Auto cycle or motorcycle not fitted with rear

. view mirror in the manner prescribed –
regulation 19(3) and 125 of the Road Traffic
Regulations 2010
145 Goods vehicle, trailer or semi-trailer with
. gross weight exceeding 3,500 kilogrammes
not fitted with side guards in the manner
prescribed – regulations 63 and 125 of the
146 Bus obstructing traffic from the opposite
. direction while moving out of a bus stop –
regulations 114(h) and 125 of the Road
Regulations 2010
147 Opening, or causing or permitting to be

. opened, any door of motor vehicle or alighting
from motor vehicle in such way as to impede
the flow of traffic
– regulations 77(1) and 125 of the Road Traffic 1,000
(Construction and Use of Vehicles) Regulations
2010
148 Operating direction indicators of bus while

. passengers are alighting or boarding –
regulations 114(g) and 125 of the Road
Regulations 2010
149 Overtaking bus whose driver has signaled
. his intention of moving out of a bus stop –
Regulations 2010
150 Overtaking or passing a vehicle which has

. stopped at a pedestrian crossing – regulations
4 and 10 of the Road Traffic (Pedestrian
Crossings) Regulations 2002 1,000
151 Stopping or parking motor vehicle on a road
. during hours of darkness without a light –
Regulations 2010
152 Particulars and dimensions of licence

. number and base of operation of taxi not as
prescribed – regulations 12 and 15 of the
Road Traffic (Control of Taxi Operations) 1,000
Regulations 2011
153 Riding, or causing or permitting a person to
. ride on the windows, wings, fenders,
luggage grid, roof, running board, drawbar,
towing bar, boot or bonnet of a motor vehicle
– sections 152(1) and 2,000
(4) and 163
154 Causing or permitting the oil or fuel from
. vehicle to spill on road – regulations 74 and
155 Obstructing traffic coming from the opposite

. direction whilst overtaking – section 163
and regulation 40(1)(g) of the Road Traffic
156 Plying for hire outside bus stands or stopping

. places – sections 103(2) and 163 500
157 Plying for hire at an unauthorised place –

. sections 103(3) and 163 500
158 Plying for hire at separate fares at another

. base or stand, or at or within 60 metres of a
bus stopping place or at any stand appointed
for any other class of public service vehicles
or for goods vehicle – sections 103(4) and 500
163
159 Quitting motor vehicle without taking due
. precaution against its being set in motion –
regulation 40(1)(b) of the Road Traffic
Regulations 1954 and section 163 2,000
160 Rear marking or side markings not as
. prescribed (long vehicle) – regulations 54
and Use of Vehicles) Regulations 2010 500
161 Refuelling made in the course of a journey –

. regulation 8 of the Road Traffic (Conductors
and Buses) Regulations 1954 and section 500
163
162 Refusing to allow the carrying out of an

. exhaust or noise emission test – regulations
19(a) and 22 of the Road Traffic (Control of 1,000
Vehicle Emissions) Regulations 2002
163 Registration mark at rear not illuminated –

Regulations 2010
164 Registration mark not easily distinguishable –

. sections 20(1) and 163 1,000
165 Removing registration plate from a vehicle
. which is on a road – regulations 71 and 125
of the Road Traffic (Construction and Use
of Vehicles) Regulations 2010 2,000
166 Removing, tampering, defacing or otherwise

. damaging a prohibition notice – regulations
20(3) and 22 of the Road Traffic (Control of
167 Riding a motor cycle or an auto cycle
. abreast of another two-wheel vehicle –
regulation 40(14)(e) of the Road Traffic 1,000
Regulations 1954 and section 163
168 Size, display and spacing of
. characters on a registration plate not as
per prescribed specifications – regulations
58 and 125 of the Road Traffic (Construction
169 Stickers displayed on contract bus not as
. per prescribed particulars, dimensions and
specimen
– regulations 5(a)(b) and 8(4) of the Road
Traffic (Control of Contract Car and Contract 500
Bus Operations) Regulations 2016
170 Stopping on carriageway of motorway –

. regulation 5(1) of the Road Traffic
(Motorways) Regulation 1964 and section 2,000
163
171 Tariff of fares not exhibited in bus –

. regulation
27 of the Road Traffic Regulations 1954 and 500
sections 137 and 163
172 Taxi sign not complying with prescribed

. colours or dimensions – regulations 10 and 15
of the Road Traffic (Control of Taxi Operations)
Regulations 2011 500
173 Teaching for gain the driving of a motor
. vehicle without an instructor’s licence –
sections 167(1)(a) and 163 2,000
174 Trailer exceeding 3500 kilogrammes gross

. weight not fitted with reversing alarm –
Regulations 2010
175 Touting – sections 82 and 163 500
.
176 Unauthorised use of audible warning
. instrument or apparatus – regulations 86(1)
177 Using a hand-held microphone or telephone

. handset whilst driving a vehicle –
section123AE(1) and (2) 3,000
178 Using a motor vehicle as a bus, contract
. bus, taxi or contract car without a public
service vehicle licence – section 76(1) 3,000
179 Using a public service vehicle or motor cycle

. to draw a trailer – regulations 110(3) and
180 Using a motor vehicle discharging clearly

. visible smoke in the exhaust emissions
within the proximity of the exhaust outlet for
more than 10 consecutive seconds –
regulations 83(1)(a) and 125 of the Road
Regulations 2010
181 Using a motor vehicle emitting excessive

. noise – regulations 84 and 125 of the Road
182 Using a motor vehicle equipped with
. unauthorised lamps – regulations 38, 45, 50
183 Using a motor vehicle for a purpose other
. than that for which it has been licensed – 5,000
section 21(3)
184 Using a motor vehicle issued with a

. prohibition notice – regulations 20(4) and 22
of the Road Traffic (Control of Vehicle
Emissions) Regulations 2002 3,000
185 Using a motor vehicle not fitted with

. reversing lamp – regulations 43(1) and 125
186 Using a motor vehicle on a road without

. head lamps, rear lamps and registration
plate lamps kept lighted during hours of
darkness – regulations 103(1)(b) and 125 of
187 Using a motor vehicle or trailer likely to cause
. danger – regulations 69 and 125 of the Road
188 Using a motor vehicle with more than 4

. lamps lighted at the same time on its front –
Regulations 2010
189 Using a motor vehicle or trailer without a valid
. certificate of fitness – sections 114(1) and 1,000
122(a)
190 Using a motor vehicle or trailer which has

. been prohibited for use by an authorised
examiner or a vehicle examiner – section 1,000
122(c)
191 Using motor vehicle with front tyre retreaded
. more than once – regulations 81(5) and 125
192 Using motor vehicle with recut pneumatic
. tyre

2010
193 Using a public service vehicle to draw a

. trailer

2010
194 Using a wheeled motor vehicle or trailer with

. its pneumatic tyre extending beyond the
bodywork – regulations 2, 81(1)(h) and 125 of
195 Using an unregistered motor vehicle or

. trailer on a road – sections 5(1) and 163 1,000
196 Using a motorcycle or an auto cycle fitted
. with retreaded tyre – regulations 81(2) and
197 Using a motorcycle or an auto cycle with the

. minimum distance between the outer ends
of handle bars less than 450mm –
Regulations 2010
198 Using on a road a motor vehicle exceeding
. the prescribed overall height – regulations 8
199 Using or causing or permitting to be used a
. diesel- driven motor vehicle emitting smoke
over opacity limit of 50 per cent – regulations
8(2) and 22 of the Road Traffic (Control of
200 Using or causing or permitting to be used a
. motor vehicle not as per prescribed standard
for noise emission – regulations 10 and 22 of
the Road Traffic (Control of Vehicle
Emissions) Regulations 2002 2,000
201 Using or causing or permitting to be used, a

. motorcycle or an auto cycle emitting carbon
monoxide over 4.5 per cent by volume –
2002
202 Using or causing or permitting to be used, a

. petrol- driven motor vehicle, other than a
motorcycle or an auto cycle, not as per
prescribed standard for exhaust emission –
2002
203 Using or causing to be used a taxi having an
. advertisement on it without the prior
approval of the Commissioner –
2011
204 Worn out tyre – regulations 81(f) and 125 of
. the Road Traffic (Construction and Use of
SECOND SCHEDULE
[Section 23]
SEVENTH SCHEDULE
[Section 191]
FIXED PENALTY NOTICE

PART A
Fixed Penalty Notice no. …………………………………………………..
Surname of offender ……………………………………………………….
Name(s) of offender ……………………………………………………….
Address ……………………………………………………………………
This is to bring to your attention that today ……………………………
(date)
at ………..…….. at ……………………………… you have committed
(time) (place)
the following offence(s) –
OFFENCE OFFENCE CODE FINE

(Rs)
1.
2.
3.
in connection with the presence on the road of the following motor

vehicle –
(a) type ………………………………………………………………

(b) registration mark …………………………………………………
(c) make ……………………………………………………………....
You have to pay the above mentioned fine(s) at the District Court of
............………………..... at latest by …………………., failing which
you (name of District Court) (date)
shall be liable, on conviction, to a fine of …………………………. not

less
(amount of fine)
than twice the amount specified above.
You have to attend Court personally and produce the FPN, your
original driving licence and National Identity Card or passport in
case you are not the holder of a National Identity Card.
……………………………… ………………………………
Name of Issuing Officer Signature of Issuing
Officer
PART B
IN THE DISTRICT COURT OF ……………………………………..
PARTICULARS OF OFFENDER
(to be filled in by District Court Officer)

National Identity Card no./passport no.*
Driving licence no.
Date of payment ………………........
…………………………… ……………………………
Signature of offender Name of District Court
Officer
…………………………… ………………………………
Signature of District Court Officer Office stamp
*Delete as appropriate
THIRD SCHEDULE
[Section 25]
TWELFTH SCHEDULE
[Section 123AG(8A)]
CUMULATIVE ROAD TRAFFIC CONVICTIONS NOTICE

Surname ……………….………………………………………………..
Other name(s) .………………...……………………………………….…..
Driving licence no. ..……………………………………………………….
Status of driving licence/international driving permit…………………….
National Identity Card no./passport no..………………………..…………
Address ……......................................................................................…......
S.N Court Cause Offence Offence Date of Date of Remarks

no./ code (if commission conviction
PEDN applicable) of offence
1.
no./
2. FPN
3. no.
4.
5.
Notice to Driver
This notice is to bring to your attention that, as per the records

available at the Traffic Branch, you have been convicted for a
cumulative road traffic offence on the third occasion (as above)
and that the fifth cumulative road traffic offence committed within a
period of 24 months will entail your disqualification from holding or
obtaining a driving licence or cancellation of your driving licence
under the provisions of section 123AG (2) of the Road Traffic Act.
In case you have previously been disqualified under section

123AG of the Road Traffic Act, a second disqualification within a
period of 3 years will entail the cancellation of your driving licence.
...……………………… …………..……………….
Name of Licensing Officer Signature of Licensing Officer
………………………..
Date

26.02.19 - THE ROAD TRAFFIC (AMENDMENT) ACT 2018

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26.02.19 - THE ROAD TRAFFIC (AMENDMENT) ACT 2018

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THE ROAD TRAFFIC (AMENDMENT) ACT 2018

Act No. 12 of 2018

Proclaimed by [Proclamation No. 25 of 2018] w.e.f from 1 October

PARAMASIVUM PILLAY VYAPOORY

3. Section 2 of principal Act amended

5. Section 40 of principal Act amended

6. Section 43 of principal Act amended

7. Section 53 of principal Act amended

8. Section 76 of principal Act amended

9. Section 79 of principal Act amended

10. Section 123N of principal Act amended

11. Section 123AE of principal Act amended

12. Section 123AG of principal Act amended

13. Section 124 of principal Act amended

14. Section 143A of principal Act amended

17. Section 191 of principal Act repealed and replaced

18. Section 192 of principal Act amended

19. Section 193 of principal Act amended

20. Section 195 of principal Act amended

21. Section 196 of principal Act amended

22. Fourth Schedule to principal Act repealed and replaced

23. Seventh Schedule to principal Act repealed and replaced

24. Eighth Schedule to principal Act amended

25. Twelfth Schedule added to principal Act

26. Consequential amendments

To amend the Road Traffic Act

ENACTED by the Parliament of Mauritius, as follows –

This Act may be cited as the Road Traffic (Amendment) Act

“principal Act” means the Road Traffic Act.

3. Section 2 of principal Act amended

Section 2 of the principal Act is amended, in the definition of

(a) in paragraph (a), by deleting the figure “23” and

(c) in paragraph (c), by deleting the figure “67” and

4. Section 21 of principal Act amended

Section 21 of the principal Act is amended, in subsection (3),

Section 40 of the principal Act is amended, in subsection

6. Section 43 of principal Act amended

Section 43 of the principal Act is amended, in subsection

7. Section 53 of principal Act amended

Section 53 of the principal Act is amended, in subsection

(a) in subparagraph (ii), by deleting the words “not

(b) in subparagraph (iii), by deleting the words “not

Section 76 of the principal Act is amended, in subsection

9. Section 79 of principal Act amended

Section 79 of the principal Act is amended, in subsection (2),

10. Section 123N of principal Act amended

11. Section 123AE of principal Act amended

Section 123AE of the principal Act is amended, in subsection

12. Section 123AG of principal Act amended

Section 123AG of the principal Act is amended –

(a) in subsection (2), by deleting the words “Where a”,

(b) in subsection (7)(a), by deleting the words “Where the”

(d) by adding the following new subsection –

(10) (a) Subject to paragraph (b), a person

(b) Where a person has, prior to the

13. Section 124 of principal Act amended

Section 124 of the principal Act is amended, in subsection

14. Section 143A of principal Act amended

Section 143A of the principal Act is amended, in subsection