PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC …

1 PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKATO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5 Price : Rs. Postage : Rs. OF THE DEMOCRATICSOCIALIST REPUBLIC OFSRI LANKAP ublished as a Supplement to Part II of the Gazette of the DemocraticSocialist REPUBLIC of Sri Lanka of March 13, 2009 [Certified on 11th March, 2009]Printed on the Order of Government MOTOR TRAFFIC (AMENDMENT)ACT, NO. 8 OF 20091 Motor Traffic (Amendment) Act, No. 8 of 2009[Certified on 11th March, 2009] O. 1/2007. AN ACT TO AMEND THE MOTOR TRAFFIC ACT (CHAPTER 203)BE it enacted by the PARLIAMENT of the DEMOCRATIC SocialistRepublic of Sri Lanka as follows: Act may be cited as the Motor Traffic(Amendment) Act, No. 8 of 2009. Motor Traffic Act (Chapter 203) (hereinafterreferred to as the principal enactment ) is hereby amended (1) by the substitution for the word Commissioner wherever that word occurs in the principalenactment, of the word Commissioner-General ;(2) by the substitution for the words demerit points wherever these words occur in the principalenactment of the words driver improvementpoints ;(3) by the substitution for the word highway wherever that word occurs in the principalenactment of the word road ; and(4) by the substitution for the word lorry whereverthat word occurs in the principal enactment, of thewords motor lorry.

2 3. The heading to Part I of the principal enactment ishereby repealed and the following heading substitutedtherefor : REGISTRATION, POSSESSION AND USE OF MOTORVEHICLES 4. Section 2 of the principal enactment is herebyamended as follows : (1) by the repeal of subsections (2) and (2A) thereofShort ofChapter ofheading toPart I of ofSection 2 of PL 003293 4,250 (10/2008)Motor Traffic (Amendment) Act, No. 8 of 20092and the substitution of the following subsectiontherefor: (2) The possession by a dealer or a manufacturerof an unregistered motor vehicle for the purposesof sale shall be deemed not to be a contravention ofsubsection (1) so long as the vehicle remains unsoldand is not used on any road except under theauthority of a dealer s licence or manufacturer slicence as the case may be, issued under Part III andis identified by a distinctive number assigned forthat purpose by the Commissioner-General.

3 (2) by the repeal of subsection (5) of that section andthe substitution therefor of the followingsubsection : (5) The use of a motor vehicle which uponimportation into Sri Lanka is used on a road onlyfor the purpose of and in the course of removal fromthe Customs premises or for the purpose ofinstalling any equipment or which is being drivento or from any place specified by the Commissioner-General for the purpose of testing or registration,shall be deemed not to be a contravention ofsubsection (1), provided it is used under theauthority of a dealer s licence or temporary permitissued for the purposes of this subsection by theCommissioner-General valid for a period of sevendays. ;(3) by the repeal of subsection (6) thereof ;(4) by the addition immediately after subsection (9)thereof of the following subsection which shall haveeffect as subsection (10 ) thereof : (10) A person who contravenes the provisionsof subsections (1) or (5) of this section shall beguilty of an offence and shall on conviction be liableto a fine not less than two thousand five hundredrupees and not exceeding five thousand rupees and3 Motor Traffic (Amendment) Act, No.

4 8 of 2009on a second conviction to a fine not less than fivethousand rupees and not exceeding ten thousandrupees and on a third or subsequent conviction to afine not less than ten thousand rupees and notexceeding fifteen thousand rupees.. following new section is hereby insertedimmediately after section 2 of the principal enactment andshall have effect as section 2A of that enactment : 2A. (1) No person shall knowingly use amotor vehicle (a) that has been manufactured, assembled,fabricated, innovated, adapted, modified,or the construction of which has beenchanged illegally or otherwise than inconformity with the prototype approvedby the Commissioner-General;(b) that has been assembled otherwise thanwith branded new parts or without thepermission of the manufacturer of thoseparts ;(c) that is mechanically defective ;(d) that fails to comply with prescribedstandards of safety ;(e) that is stolen ;(f) that has a false identity ;(g) the chassis number of which has beentampered with ; or(h) which has been manufactured, assembled,fabricated, adapted, modified, or theInsertion of newsection 2A in theprincipalenactment.

5 Motorvehiclefabricatedunlawfully&,.. not tobe Traffic (Amendment) Act, No. 8 of 20094construction of which has been changedin any manner, without the prior writtenapproval of the Commissioner-General. (2) A person who contravenes theprovisions of section 2A shall be guilty of anoffence and shall on conviction be liable to afine not less than fifty thousand rupees and notexceeding one hundred thousand rupees or toimprisonment of either description for a termof one month or to both such fine andimprisonment and on a second conviction to afine not less than one hundred thousand rupeesand not exceeding two hundred thousandrupees or to imprisonment for a term of twomonths or to both such fine and imprisonmentand on a third or subsequent conviction to afine not less than two hundred thousand rupeesand not exceeding three hundred thousandrupees or to imprisonment for a term of sixmonths or to both such fine and imprisonmentand confiscation of the vehicle.

6 6. Section 3 of the principal enactment is herebyamended as follows: (1) by the repeal of subsection (1) thereof and thesubstitution therefor the following subsection: (1) No motor vehicle shall be registered unlessthat vehicle conforms to the provisions of this Actand regulations made hereunder in regard to theconstruction, weight, dimensions and equipmentof motor vehicles of the class or description to whichthat vehicle belongs. ;(2) in subsection (2) thereof by the substitution for thewords exceeds two and a half metric tons of thewords exceeds four thousand five hundredkilograms ; andAmendment ofsection 3 of Traffic (Amendment) Act, No. 8 of 2009(3) by the addition immediately after subsection (1)thereof of the following subsections which shallhave effect as subsections (2), (3), (4) and (5)thereof: (2) The Commissioner-General shall not registerany motor vehicle (a) if he has reason to believe (i) that it has been manufactured, assembled,fabricated, innovated, adapted, modified,or its construction changed, illegally orotherwise than in conformity with theprototype approved by theCommissioner-General ;(ii)that it has been assembled otherwise thanwith branded new parts or without thepermission of the manufacturer of thoseparts;(iii) that it is mechanically defective;(iv)that it fails to comply with prescribedstandards of safety;(v) that it is stolen ;(vi)that the identity of the vehicle is false orin doubt.

7 (vii) that the chassis number has beentampered with;(viii) that the applicant for registration of thevehicle has failed to furnish particularsof a previous registration, if any;(ix) that the applicant has furnished inaccurateparticulars in the application forregistration of the vehicle; orMotor Traffic (Amendment) Act, No. 8 of 20096(x) that the vehicle has been imported withforged documents or that the applicationfor registration contains a forgedsignature or is accompanied by forgeddocuments;(b) where the motor vehicle comprises featureswhich (i) are not in accordance with the particularscontained in the application;(ii)are not in his opinion roadworthy or are byreason of its design, construction or anycondition thereof or any equipment thereofare not in compliance with the provisions ofthis Act;(iii)require the prior written approval of theCommissioner-General for the import thereofand has been imported without obtainingsuch approval.

8 (iv)have been manufactured, assembled,fabricated, adapted, modified or theconstruction of which has been changed inany manner, without the prior writtenapproval of the Commissioner-General.(3) The decision of the Commissioner-Generalnot to register a motor vehicle by reason of hisfindings under paragraphs (a) or (b) shall be final.(4) No person under the age of eighteen yearsshall be registered as the owner of a motor vehicle:Provided however, that a person under the ageof eighteen years may be registered as the beneficial7 Motor Traffic (Amendment) Act, No. 8 of 2009owner of a motor vehicle in which event the parentor guardian of such person shall be registered as theowner thereof.(5) Any person who submits an application forregistration, which contains a forged signature or isaccompanied by forged documents shall be guiltyof an offence and shall on conviction be liable to afine not less than ten thousand rupees and notexceeding fifteen thousand rupees.

9 7. Section 4 of the principal enactment is herebyamended in paragraph (a) of subsection (1) thereof, by thesubstitution for the words a passenger service permit , ofthe words, the holder of a passenger service permit. 8. Section 5 of the principal enactment is herebyamended in subsection (2) of that section by the repeal ofparagraph (a) thereof, and the substitution therefor of thefollowing paragraph : (a)which is a motor cycle, light motor cycle, motorcar, dual purpose vehicle, motor tricycle, motortricycle van, motor lorry, light motor lorry, heavymotor lorry, motor coach, light motor coach, heavymotor coach, land vehicle, hand tractor, specialpurpose vehicle, motor ambulance, motor hearse orinvalid carriage as the case may be shall beregistered as such ; .9. Section 10 of the principal enactment is herebyamended as follows : (1) by the repeal of subsection (2) of that section andthe substitution therefor of the followingsubsection: (2) The registered owner of a motor vehicleshall (a) forthwith inform the Commissioner Generalin the specified form, of any circumstance orAmendment ofsection 4 of ofsection 5 of ofsection 10 of Traffic (Amendment) Act, No.

10 8 of 20098event which affects the accuracy of any entryin the registers relating to the motor vehicleand shall at the same time forward or deliverto the Commissioner-General the Certificateof Registration of such motor vehicleaccompanied by the prescribed fee ; and(b) where he intends to effect such alteration in amotor vehicle as will change the class, overallmeasurements, external appearance , wheelbase or seating capacity as specified in theCertificate of Registration, obtain the priorapproval of the Commissioner-General toeffect such changes. ;(2) by the addition, immediately after subsection (2)of that section, of the following subsections whichshall have effect as subsections (3) and (4)thereof : (3) The registered owner of a motor vehicleshall forthwith inform the Commissioner-Generalin the specified form of any circumstance or eventwhich affects the accuracy of any entry in theregisters relating to himself and shall at the sametime forward or deliver to the Commissioner-Generalthe Certificate of Registration of the motor vehicleaccompanied by the prescribed fee.