Motor Vehicles and Road Traffic
Motor Vehicles and Road Traffic
Motor Vehicles and Road Traffic
CHAPTER 51:02
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
3. Licensing Authority.
PART II
PART III
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SECTION
17. Certificate of fitness for animal drawn vehicles.
PART IV
LICENCE FEES
PART V
PART VI
SECTION
36. Causing death by reckless or dangerous driving of motor
vehicles.
37. Reckless or dangerous driving.
38. Careless driving.
39. Prohibition of motor racing and speed trials on highways.
40. Punishment of persons driving motor vehicles when under
influence of drink or drugs.
41. Riding on outside of motor vehicle.
42. Not more than one trailer to be drawn.
43. Limitation of time for which drivers of certain vehicles may
remain continuously on duty.
44. Duty to give name and address and to stop, and power of arrest
in certain cases.
45. Information to be given as to identity of drivers of motor vehicles.
46. Restrictions on prosecutions under certain sections.
PART VII
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SECTION
60. Leaving vehicles in dangerous positions.
61. Removal of vehicles.
62. Pedestrians, etc., causing obstruction.
63. Duty to stop in case of accident.
64. Registration of certain premises and reports of damage to motor
vehicles
PART VIII
SECTION
87. Licensing of goods vehicles.
88. Powers of Prescribed Authority.
89. Procedure on applications for licences.
90. Discretion of Prescribed Authority as to grant or refusal of
licences.
91. Duration of licences.
92. Conditions of licences.
93. Penalty for non-compliance with conditions of licence.
94. Application of sections 65 and 67.
95. Transfer of goods transportation licences.
96. Power to appoint Road Transport Advisory Board.
97. Application of Part VIII to Georgetown and New Amsterdam.
98. Prescribed Authority for the purposes of Part VIII.
PART IX
GENERAL
99. Fees.
100. International circulation of motor vehicles.
101. Method of calculating weight.
102. Recovery of damage to road or bridge.
103. Silent zones.
104. Power to make regulations.
105. Publication of orders.
106. Duplicate licences and certificates.
107. Fraudulent imitation, etc., of documents.
108. Giving false information.
109. Taking motor vehicle without owner’s consent or other authority
to be an offence.
110. Onus of proof as to use of motor vehicle.
111. Power to convict for reckless or dangerous driving.
112. Power to proceed on charge for careless driving on hearing of
charge for reckless or dangerous driving.
113. Temporary suspension of driving licence.
114. Prosecutions and penalties for offences.
115. Non-application of certain sections to vehicles when used for
certain purposes.
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SECTION
116. Liability at Common Law.
117. In the event of a conflict of laws the provisions of this Act to
prevail.
118. Saving.
FIRST SCHEDULE—A— Licence Fees in respect of Vehicles.
B— Other Fees.
SECOND SCHEDULE—Limit of speeds.
__________
1953 Ed.
CHAPTER 51:02
c. 280
MOTOR VEHICLES AND ROAD TRAFFIC ACT
22 of 1940 An Act to make provision for the licensing, regulation and use of
motor vehicles, the regulation of traffic on roads and
otherwise with respect to roads and vehicles thereon.
Short title. 1. This Act may be cited as the Motor Vehicles and Road Traffic
Act.
“child restraint system” means a seat belt restraint system or other device
or combination of devices, designed to diminish the risk of injury to a
child, in the event of collision or of abrupt deceleration of a vehicle, by
limiting the mobility of body of the child, being a device or combination
of devices which-
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“hire car” means a motor car used or intended to be used for carrying not
more than seven passengers for hire or reward under a contract
express or implied for the use of the vehicle as a whole;
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“motor bus” means a motor vehicle constructed and used for carrying
not less than eight passengers for hire or reward at separate fares
stage by stage or stopping to pick up or set down passengers along
the line of route;
“motor car” means a motor vehicle constructed or adapted solely for the
carriage of persons and their effects and used exclusively for
personal purposes;
“motor cycle” means a motor vehicle (not being an invalid carriage) with
less than four wheels and the weight of which unladen does not
exceed eight hundredweight;
“road” means any highway and any other road to which the public has
access, and includes bridges over which a road passes, and any
wharf, stelling or part of the foreshore to which the public has
access;
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PART I
3. (1) The Minister shall be the Licensing Authority for the purposes Licensing
of this Act. Authority.
[26 of 1961]
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(3) All licensing officers and certifying officers shall be under the
direction of the Licensing Authority and all licences, certificates and
other documents which may be issued under this Act shall, except where
otherwise expressly provided, be issued by them.
(4) All applications which may be made under this Act shall be
made—
PART II
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(4) The onus of proving that a vehicle has been registered shall
rest upon the owner of the vehicle.
Purchase tax 6. (1) There shall be charged, levied and collected in respect of
payable on every motor vehicle of a class or description specified by order of the
registration of Minister responsible for finance (hereinafter in this section referred to
certain motor
vehicles. as “the Minister”) a purchase tax calculated on such percentage of the
[2 of 1973 value of the motor vehicle as shall be specified in that order which may
42 of 1974 contain such provisions as the Minister may consider necessary or
9 of 1994] expedient for giving effect to the order, including such qualifications,
exceptions and conditions as he may think fit.
(5) Every order made under this section shall within twenty-one
days from the date of its publication in the Gazette be laid before the
National Assembly and the National Assembly may by resolution
confirm, amend or revoke the order and upon publication of the
resolution of the National Assembly in the Gazette, the effect of the
order shall, subject to the provisions of any other law, be subject to the
terms of the resolution; if the order is not laid as required by this
subsection it shall ipso facto expire and in reckoning for the purposes
of this subsection any period of days no account shall be taken of any
period during which Parliament is dissolved or prorogued or during
which the National Assembly is adjourned for more than seven days.
(8) Sections 36 and 37 of the Customs Act shall, as they apply to c. 82:01
an exemption from duties of customs, apply mutatis mutandis to any
exemption from the payment of purchase tax conferred by this or any
other law as if the purchase tax were such a duty subject, however, to
the modification that the references in those sections to the Comptroller
and an importer shall be construed and have effect as references to a
licensing officer, and the registered owner of the vehicle the subject
matter of the exemption, respectively.
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Exemptions 8. (1) The following motor vehicles shall be exempt from the need
from need for for registration:
registration
and from
payment of (a) new motor vehicles in the stock of a dealer in motor
registration vehicles, and motor vehicles whilst being used under the
fee. authority of dealers’ general licences, as hereinafter
[6 of 1941] provided; and
(b) any motor vehicle the property of or used by the
President.
Amendment of 9. (1) The owner of a motor vehicle shall, within seven days thereof,
entries in notify the licensing officer of all circumstances or events which affect
register.
the accuracy of the entries in the register and shall at the same time
[7 of 1959]
forward his certificate of registration for amendment. A licensing
officer may at any time call upon an owner of a motor vehicle to furnish
all information for the verification of the entries in the register relating
to such vehicle.
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(2) (i) On the death of the registered owner of a motor vehicle the
person into whose custody the vehicle shall lawfully come shall within
one month of its coming into his custody give notice of the fact to the
licensing officer, who shall give such instructions in writing as he may
think fit as to the use of the vehicle pending the registration of the new
owner. Any person to whom permission to use the vehicle pending such
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registration is given shall for the purposes of this Act be deemed to be the
registered owner of the vehicle during the period for which such
permission is given.
Cancellation of 11. (1) The registration of a motor vehicle shall remain valid so long
registration. as the vehicle is kept for use, and shall only be cancelled if the licensing
officer is satisfied that the vehicle has been destroyed or rendered
permanently unserviceable or permanently removed from Guyana.
(2) The owner of any motor vehicle which has been destroyed or
rendered permanently unserviceable or has been permanently removed
from Guyana shall notify the licensing officer of the fact within one
month of the happening of the event.
Driving 12. Save as hereinafter provided, any person who drives or, being the
unregistered owner, permits any other person to drive on a road a motor vehicle which
motor vehicle
is not registered under this Act shall be guilty of an offence:
an offence.
[4 of 1972]
Provided that no person shall be convicted for an offence against
this section if he proves that he has taken all reasonable steps to comply
with its requirements, and that the vehicle was being driven on a road for
the purpose of being registered.
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PART III
13. (1) The licensing officer shall assign to every motor vehicle on Identification
registration a distinctive identification mark consisting of a number or a marks for
motor vehicles.
number and a letter, and there may be different series of marks for such
different classes of vehicles as may be prescribed.
(2) The licensing officer may at any time give notice in writing to
the registered owner of a motor vehicle directing him within a time
limited in the notice to produce the vehicle in order that another
identification mark may be assigned to the vehicle and on the vehicle
being produced the mark shall be assigned and the register amended
accordingly.
14. Any person who drives a motor vehicle the identification mark of Driving motor
which is not fixed thereon as prescribed or being so fixed is in any way vehicle
without
obscured or not easily distinguishable shall be guilty of an offence: identification
mark an
Provided that on a prosecution for having a mark obscured or not offence.
easily distinguishable proof that all reasonably practicable steps have
been taken to prevent the mark being obscured or not easily
distinguishable shall be a good defence.
Provided that—
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(2) If, after inspecting the motor vehicle, the certifying officer is
satisfied that the vehicle conforms to the prescribed conditions as to
fitness, he shall, subject to the regulations, issue a certificate of fitness
in respect of the vehicle for such time as he shall think fit.
Driving an unfit 16. Any person who drives on a road a motor vehicle in respect of
motor vehicle which a certificate of fitness is not in force or in respect of which the
an offence.
prescribed conditions as to fitness are not fulfilled shall be guilty of an
offence.
Certificate of 17. (1) No person shall operate any vehicle to which this section
fitness for applies unless there is in force a certificate of fitness issued by a
animal drawn
certifying officer in respect of such vehicle.
vehicles.
[26 of 1950
6 of 1997 (2) Any application for the issue of a certificate of fitness under
12 of 1997] this section shall be accompanied by a fee of sixty-five dollars.
[ 16 of 1998]
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(3) This section shall apply to every vehicle drawn by any animal,
and constructed and used for the carriage of not less than six passengers
for hire or reward at separate fares stage by stage, or stopping to pick
up or set down passengers along the line of route.
PART IV
LICENCE FEES
18. (1) There shall be charged, levied and paid in respect of motor Licence duty
vehicles used or kept for use on roads licence fees at the respective for motor
vehicles.
annual rates specified in the First Schedule.
[34 of 1969
32 of 1970]
(2) The fees charged under this section shall be paid annually
upon licences to be taken out by persons keeping vehicles for use, which
licences shall expire on the 31st December of the year in respect of
which such licences are issued:
Provided that where a vehicle is licensed for the first time on or after
the 1st July in any year, the licence fee chargeable shall be fifty per cent
of the annual fee.
(3) Licence fees shall be due on the 1st January in every year
except in respect of vehicles being licensed for the first time, when the
fees therefor shall be due at the time of the first registration in Guyana
of such vehicles.
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Application for 19. (1) Application for the issue of a licence for a motor vehicle shall
a licence. be made to the licensing officer in the prescribed form and shall be
accompanied by the certificate of registration, the certificate of fitness
and the certificate of insurance under the Motor Vehicles Insurance
c. 51:03 (Third-Party Risks) Act.
Provided that the licensing officer may, if he thinks fit, dispense with
production of the certificate of registration or the certificate of fitness,
or both, when the licence, not being a licence for a motor bus or hire car,
is to be issued by way of renewal of an existing licence and to the same
applicant.
Alteration of 20. (1) Where a motor vehicle in respect of which a licence has been
motor vehicle issued is altered after the licence has been issued in such manner as to
occasioning
cause the vehicle to become a vehicle in respect of which a licence at
higher licence
duty. a higher fee or a licence of a different class is required, the licence shall
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become void, but the holder of the licence shall, on surrendering the same [26 of 1961]
and furnishing the particulars of alteration, be entitled to receive a new
licence in respect of the vehicle, to have effect for the period for which
the surrendered licence would, if it had not been surrendered, have
remained in force, on payment of such amount, if any, as represents the
difference between the amount payable on the new licence and the
amount paid on the surrendered licence.
(2) Where a licence has been taken out as for a motor vehicle to
be used solely for a certain purpose and the vehicle is at any time during
the period for which the licence is in force used for some other purpose,
the person so using the vehicle shall, if the fee chargeable in respect of
a licence for a vehicle used for that purpose is higher than the fee
chargeable in respect of the licence which has been taken out, be
deemed to be guilty of an offence under section 23, and that section shall
apply accordingly.
21. (1) On the change of possession of a motor vehicle the current Transfer of
licence in respect of such vehicle may be delivered to the new owner and licence on
change of
such delivery shall, subject to section 10, operate as a transfer of the said
ownership.
licence.
22. (1) A licensing officer may issue to a dealer in motor vehicles a Dealers’
dealer’s general licence which, subject to this section and to any other general
licences.
conditions which may be prescribed, shall authorise the use of such
number of motor vehicles not exceeding four at any one time, as may be
specified in the licence.
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(3) A dealer’s general licence shall authorise the use of any motor
vehicle which belongs to the dealer, or is entrusted to him for sale or
repair, and is being tested or being used for the purpose of effecting a sale
or hire or for such other purposes as may be prescribed.
(4) A motor vehicle shall not be used on a road under the authority
of a dealer’s general licence unless the holder of the licence, or a person
duly authorised by him in writing, accompanies such vehicle.
(5) A motor vehicle shall not be used on a road under the authority
of a dealer’s general licence for the carriage of passengers or goods for
reward or for any purpose not provided for by this Act nor shall it be
transferred or assigned to any other person without the authority of the
licensing officer.
(8) A licence issued under this section shall continue in force until
the 31st December in the year in which it is issued.
Using 23. (1) If any person uses on a road or keeps for use or permits to be
unlicensed kept for use on a road any motor vehicle in respect of which a licence
motor vehicle
under this Act is not in force he shall be liable on summary conviction
an offence.
[52 of 1950 to a fine of not less than ten thousand dollars nor more than twenty
7 of 1959 thousand dollars and in the case of a second or subsequent conviction to
34 of 1969 a fine of not less than twenty thousand dollars nor more than forty
4 of 1972 thousand dollars.
12 of 1997]
[ 16 of 1998]
(2) Where any person who is charged with an offence under the
preceding subsection alleges that he is not the owner of the vehicle the
magistrate may cause a summons to be issued against the person who
is alleged by the person charged to be the owner of the vehicle making
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him a co-defendant in the case and the magistrate may after hearing the
evidence and witnesses of all parties make such order as to the payment
of any fine and costs as to the magistrate may seem just.
(5) Upon the payment of the aforesaid penalty and costs, the
licensing officer shall issue the appropriate licence in respect of the
vehicle:
PART V
24. (1) A person shall not drive a motor vehicle on a road unless he Driving motor
is the holder of a driver’s licence and a person shall not employ any vehicle
person to drive a motor vehicle on a road unless the person so employed without a
licence an
is the holder of a driver’s licence and if any person acts in contravention
offence.
of this section he shall be guilty of an offence. [7 of 1959
10 of 1975]
(2) Any person driving a motor vehicle on a road including any
person who supervises that person whilst driving shall, on being so
required by a police constable, produce his licence for examination, so
as to enable the police constable to ascertain the name and address of
the holder of the licence, the date of issue, and the authority by which
it was issued, and if he fails so to do, he shall be guilty of an offence.
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Provisional 26. (1) For the purpose of enabling the applicant for the grant of a
licences. licence to learn to drive a motor vehicle with a view to passing the
[10 of 1975] prescribed test, the licensing authority may, if so requested by him, and
on payment of the prescribed fee, grant him a provisional licence upon
such terms and conditions, and for such period, and in such form, as may
be prescribed.
Driving tests. 27. Tests of competence to drive a motor vehicle shall be conducted
by a certifying officer in the prescribed manner and on payment of the
prescribed fee.
Provisions as to 28. (1) On an application for the grant of a driver’s licence the
physical fitness applicant shall make a declaration in the prescribed form as to whether
of applicants or not he is suffering from any such disease or physical disability as may
for drivers’
licences.
be specified in the form, or any other disease or physical disability which
would be likely to cause the driving by him of a motor vehicle, being a
vehicle of such a class or description as he would be authorised by the
licence to drive, to be a source of danger to the public.
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Provided that—
(a) a licence limited to driving an invalid carriage may be
granted to the applicant if the certifying officer is satisfied that
he is fit to drive such carriage;
(b) the applicant may, except in the case of such diseases
and disabilities as may be prescribed, on payment of the
prescribed fee, claim to be subjected to a test as to his fitness
or ability to drive a motor vehicle of any such class or
description as he would be authorised by the licence to drive,
and if he passes the prescribed test and is not otherwise
disqualified, the licence shall not be refused by reason only of
this subsection so, however, that if the test proves his fitness
to drive vehicles of a particular construction or design only, 43 of 1932
the licence shall be limited to the driving of such vehicles;
(c) if on the first application for the grant of a licence by a
person who at the commencement of this Act is the holder of
a driver’s certificate under the (repealed) Motor Vehicles
Act, 1932, an applicant who is suffering from a disease or
disability other than a disease or disability prescribed as
aforesaid makes a declaration that notwithstanding his
disease or disability he has during the six months immediately
preceding the application been in the habit of driving a motor
vehicle of any such class or description as he would be
authorised by the licence to drive and that the disease or
disability from which he suffered did not cause the driving of
such a motor vehicle by him to be a source of danger to the
public, the licence shall not be refused by reason only of this
subsection;
(d) if on the application for the grant of a driver’s licence the
applicant makes a declaration that on the occasion of a
previous application by him a licence was granted to him after
passing such a test as aforesaid, or making such a declaration
as is mentioned in the last preceding paragraph of this proviso,
a further test shall not be required, unless from the declaration
as to physical fitness made by him for the purposes of his
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Provided that the licence holder may, except in the case of such
disease and disabilities as may be prescribed, claim to be subjected to a
test as to his fitness or disability to drive a motor vehicle, and if he passes
the prescribed test the licence shall not be revoked.
Issue of driving 29. (1) Subject to this Part the licensing officer, except in the case of
licences. an applicant who is disqualified as hereinafter mentioned, shall on
[6 of 1941 payment of the prescribed fee grant a licence to any person who applies
34 of 1969
4 of 1972
for it in the prescribed manner and makes a declaration in the prescribed
3 of 1988] form that he is not disqualified by reason of age or otherwise from
obtaining the licence for which he is applying:
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(5) In any proceedings the fact that a licence has been granted
to a person shall be evidence that that person for the purpose of obtaining
that licence made a declaration that he was not disqualified from holding
or obtaining the licence.
30. The Licensing Authority shall keep a register of all driving Register of
licences issued in which shall be entered the name and address of the driving
holder and the date of issue of the licence, the class of vehicle authorised licences.
to be driven and a record of any convictions against the holder of the
licence.
31. (1) Any court before which a person is convicted of any criminal Disqualification
offence in connection with the driving of a motor vehicle (not being an for offences
offence under Part VIII)— and endorse-
ment of
convictions.
(a) may in any case, except where otherwise expressly [26 of 1961]
provided by this Act, and shall where so required by this Act,
order him to be disqualified from holding or obtaining a licence
for such period as the court thinks fit; and
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(5) If any person who under this Act is disqualified from holding
or obtaining a licence applies for or obtains a licence while he is so
disqualified or if any such person while he is so disqualified drives a
motor vehicle, or, if the disqualification is limited to the driving of a motor
vehicle of a particular class or description, a motor vehicle of that class
or description, on a road, that person shall be liable on summary
conviction to imprisonment for twelve months or if the court thinks that,
having regard to the special circumstances of the case, a fine would be an
adequate punishment for the offence, to a fine of not less than twenty-
five thousand dollars nor more than fifty thousand dollars, or to both
such imprisonment and such fine, and a licence obtained by any person
disqualified as aforesaid shall be of no effect.
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Provided that, in reckoning the said period of three years, any period
during which the person was by virtue of the order disqualified from
holding or obtaining a licence shall be excluded.
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PART VI
Restrictions on
34. (1) A person under sixteen years of age shall not drive a motor
driving by
young vehicle on a road.
persons.
[O. 4/1974] (2) A person under seventeen years of age shall not drive a motor
vehicle other than a motor cycle or invalid carriage on a road.
(3) A person under eighteen years of age shall not drive a hire
car, motor bus, motor lorry, or motor tractor on a road:
(4) Any person who drives, or causes or permits any other person
to drive a motor vehicle in contravention of this section, shall be guilty
of an offence.
35. (1) It shall not be lawful for any person to drive a motor vehicle
Rate of speed
of any class or description on a road at a speed greater than the speed
[ 6 of 1970
specified in the Second Schedule as the maximum speed in relation to 12 of 1997
a vehicle of that class or description and if any person acts in 16 of 1998]
contravention of this section he shall be guilty of an offence.
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Causing death 36. (1) Any person who causes the death of another person by the
by reckless or driving of a motor vehicle on the road recklessly, or at a speed or in a
dangerous manner which is dangerous to the public, having regard to all the
driving of circumstances of the case, including the nature, condition and use of the
motor vehicles.
[26 of 1961]
road, and the amount of traffic which is actually at the time, or which
16 of 1998] might reasonably be expected to be, on the road, shall be guilty of a
misdemeanour and on conviction thereof on indictment shall be liable to
imprisonment for ten years.
(3) If upon the trial of a person for an offence against this section
the jury are not satisfied that his driving was the cause of the death but
are satisfied that he is guilty of driving as mentioned in subsection (1) of
this section, it shall be lawful for them to convict him of an offence under
section 37 of this Act whether or not the requirements of section 46 of
this Act have been satisfied as respects that offence.
Reckless or 37. (1) Every person who drives a motor vehicle on a road recklessly,
dangerous or at a speed or in a manner which is dangerous to the public, having
driving. regard to all the circumstances of the case, including the nature,
[21 of 1978 condition and use of the road, and the amount of traffic which is actually
12 of 1997
16 of 1998] at the time, or which might reasonably be expected to be, on the road,
shall be liable—
38. (1) If any person drives a motor vehicle on a road without due Careless
care and attention or without reasonable consideration for other persons driving.
[7 of 1959]
using the road he shall be guilty of an offence.
(2) A first conviction for an offence under this section shall not
render the offender liable to be disqualified from holding or obtaining a
licence.
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Prohibition of 39. (1) Any person who promotes or takes part in a race or trial of
motor racing speed between motor vehicles on a road shall be liable on summary
and speed
trails on conviction to a fine of not less than twenty thousand dollars nor more
highways. than forty thousand dollars and to imprisonment for six months.
[12 of 1997
16 of 1998] (2) A person convicted of an offence under this section shall,
unless the court for special reasons thinks fit to order otherwise and
without prejudice to the power of the court to order a longer period of
disqualification, be disqualified for a period of twelve months from the
date of the conviction from holding or obtaining a licence.
Punishment 40. (1) Any person who when driving or attempting to drive, or when
of persons in charge of, a motor vehicle on a road or other public place is under the
driving motor influence of drink or a drug to such an extent as to be incapable of having
vehicles when proper control of the vehicle, shall be liable on summary conviction to a
under influence
of drink or fine of not less than thirty thousand dollars nor more than sixty thousand
drugs dollars or to imprisonment for twelve months, and in the case of a second
[12 of 1997 or subsequent conviction to a fine of not less than forty thousand dollars
16 of 1998] nor more than eighty thousand dollars and to such imprisonment as
aforesaid.
Riding on 41. (1) A driver of a motor vehicle shall not permit any person to ride
outside of
on the running board, wings or fenders of the vehicle or on the outside
motor vehicle
[12 of 1997 of the vehicle except on a properly constructed seat or on any trailer
16 0f 1998] drawn thereby.
42. (1) One trailer only shall be drawn by a motor vehicle on a road Not more than
and one person in addition to the driver of the vehicle shall be carried on one trailer to
the vehicle for the purpose of attending to the trailer. be drawn
43. (1) It shall not be lawful for any person to drive or cause or permit Limitation of
any person employed by him or subject to his orders to drive any motor time for which
bus, motor lorry, motor tractor or any motor vehicle constructed to carry drivers if certain
vehicles may
goods other than the effects of passengers— r e m a i n
continously on
(a) for any continuous period of more than five hours and duty
one-half; or
(b) for continuous periods amounting in the aggregate to
more than eleven hours in any period of twenty-four hours
commencing two hours after midnight; or
(c) so that the driver has not at least ten consecutive hours
for rest in any period of twenty-four hours calculated from the
commencement of any period of driving:
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Duty to give
name and 44. (1) If the driver of a motor vehicle who is alleged to have
address and to committed an offence under the foregoing provisions of this Act or the
stop, and regulations as to reckless or dangerous driving or careless driving
power of
refuses, on being so required by any person having reasonable ground
arrest in
certain cases. for so requiring, to give his name or address, or gives a false name or
[12 of 1997 address, he shall be guilty of an offence.
16 of 1998]
(2) Any member of the police force may arrest without warrant
the driver of any motor vehicle who within his view commits any offence
contrary to the provisions of this Act as to reckless or dangerous driving
or careless driving, unless the driver either gives his name and address
or produces his licence for examination.
(3) Any person driving a motor vehicle on a road shall stop the
vehicle on being so required by any member of the police force in
uniform, and if he fails so to do shall be liable, on summary conviction to
a fine of not less than seven thousand five hundred dollars nor more than
fifteen thousand dollars.
(a) the owner of the vehicle shall give such information as he may be identity of
drivers of
required by or on behalf of the Commissioner of Police to give as to motor vehicles
the identity of the driver, and, if he fails to do so, shall be guilty of an
offence unless he shows to the satisfaction of the court that he did not
know and could not with reasonable diligence have ascertained who
the driver was; and
(b) any other person shall, if required as aforsaid, give any informa-
tion which it is in his power to give and which may lead to the identifi-
cation of the driver, and, if if he fails to do so, he shall be guilty of an
offence.
PART VIA
SEAT BELTS
45A. (1) Every seat belt assembly shall be of a type Seat Belt
the design of which shall be any of the following- assembly
(a) a lap belt which is a seat belt assem- [4 of 2002]
bly that is anchored at two points
and passes across the front of the
wearer’s pelvic region from one side
of the hip to the other side;
(b) a diagonal belt which is a seat belt
assembly, that is anchored at two
points and passes diagonally across
the front of the chest from the hip to
the opposite shoulder;
(c) a three point belt which is a seat belt
assembly, that is anchored at three
points and passes across the front of
the wearer’s pelvic region and
crosses the front of the chest from
the hip to the opposite shoulder;
(d) any other seat belt assembly that is
duly certified by the Guyana Na-
tional Bureau of Standards and
approved by the Minister by notice
in the Gazette and published in at
least in one daily newspaper.
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LAWS OF GUYANA
Additional
requirements in
45B. Every seat belt assembly shall be securely affixed to the
respect to seat anchorage points and shall be designed constructed, installed main-
belts assem- tained and worn in such a manner that when deployed it will operate
blies satisfactorily and hereby reduce the risk of injury to the person
wearing it in the event of a collision or abrupt vehicle deceleration by
limiting
Proper 45C. Every seat belt shall be installed in such a manner that-
installation and (a) the straps are not liable to assume a dangerous configuration:
configuration of
seat belts and
(b) when deployed, the risk of the strap slipping from the
shoulder and the risk of the straps deteriorating through contact with
rigid parts of the vehicle or seat structure is reduced to a minimum.
All motor
vehicles to be 45D (1) A motor vehicle shall not be driven on a raod unless it is
fitted with seat equipped with appropriately fitted three-point seat belt assemblies or
belt assemblies such other seat belt assemblies or such combination of seat belt
assemblies referred to in section 45A(1) as the case may be and as
may be necessary for the front seats for the driver and every passen-
ger.
(2) A person who drives a motor vehicle on any road in contraven-
tion of the preceding subsection commits an offence and is liable on
summary conviction-
LAWS OF GUYANA
on summary conviction-
(a) in the case of a first offence, to a fine not less than seven
thousand five hundred dollars nor more than ten thousand dollars
(b) in the case of a second offence or subsequent offence, to a
fine not less than ten thousand dollars nor more than fifteen thousand
dollars.
45E. (1) Subject to subsection (2) every person who drives or rides Drivers, etc. of
motor vehicle
on the front of a motor vehicle shall wear a seat belt. to wear seat
belts
(2) Subsection (1) shall not apply to-
(a) a child who wears or is conveyed in a child restraint
system;
(b) any person who holds a valid certificate of exemp-
tion issued by a registered medical practitioner on a form approved by
Minister and stamped by the prescribed authority;
(d) a person riding in a vehicle which is being used for
fire services, police purposes, prison duties, military services or other
government enforcement services;
(e) a person driving or riding a motor tractor, invalid
carriage, motor cycle or trailer.
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LAWS OF GUYANA
Child in motor 45F. (1) Every driver of a motor vehicle which conveys a child shall
vehicle to wear cause such child to wear or be conveyed in an appropriate child
child restraint
system restraint system.
(2) A driver who contravenes subsection (1) commits an offence
and is liable on summary conviction to a fine not exceeding ten
thousand dollars.
Restriction on
46.Where a person is prosecuted for an offence under any of the
prosecutions
under certain provisions of this Act relating respectively to the maximum speed at
sections. which motor vehicles may be driven, to reckless or dangerous driving,
and to careless driving he shall not be convicted unless either -
(a) he was warned at the time of the offence was commited that
the question of prosecuting him for an offence under one or other of
the provisions aforesaid would be taken into consideration; or
(b) within fourteen days of the offence a summons for the
offence was served on him; or
(c) within the said fourteen days a notice of the intended pros-
ecution specifying the nature of the alleged offence and the time and
place where it is alleged to have been committed was served on or
sent by registered post to him or the owner of the vehicle at the time
of the commission of the offence:
Provided that-
(i) failure to comply with this requirement shall not be a bar to the
conviction of the accused in any case where the court is satisfied that-
(A) neither the name and address of the accused nor the name and
address of the owner of the vehicle could with reasonable
diligence have been ascertained in time for a summons to be
served or for a notice to be served or sent as aforesaid; or
(B) the accused by his own conduct contributed to the
failure; and
LAWS OF GUYANA
PART VII
Rule of the 47. (1) Every person in any road who drives or propels any vehicle
road or is in charge of any animal when meeting or being overtaken by any
other vehicle or animal as aforesaid shall keep his own vehicle or animal
on the left or near side of the road, and when overtaking another vehicle
or animal going in the same direction shall keep his own vehicle or animal
on the right or offside, except in case of actual necessity or other
sufficient reason for deviation.
Issue by 48. (1) The Commissioner of Police shall prepare a code (in this
Commissioner
of Police of
section referred to as the “highway code”) comprising such directions
directions for as appear to him to be proper for the guidance of persons using roads
guidance of and may from time to time revise the code by revoking, varying,
users of road amending or adding to the provisions thereof in such manner as he think
[7 of 1959 fit.
26 of 1961]
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LAWS OF GUYANA
49. (1) The Commissioner of Police may, with the approval of the Power to restrict
Minister, make orders for any of the following purposes— use of vehicles
on specified
roads
(a) the specification of the routes to be followed by motor or
other vehicles;
(b) the prohibition or restriction of the use of specified roads [ 6 of 1941
by motor or other vehicles of any specified class or 26 of 1961
6 of 1970
description, generally or during particular hours; 4 of 1972]
(c) the prohibition of the driving of vehicles on any specified
road otherwise than in a specified direction;
(d) otherwise in relation to the regulation of traffic.
50. (1) Subject to this section, if a road authority is satisfied that Power of road
traffic on any road should, by reason of works of repair or reconstruction authority
being required or being in progress on the road, be restricted or temporarily to
prohibit or
prohibited, the authority may by order restrict or prohibit the use of that restrict traffic
road or of any part thereof by vehicles or by vehicles of any particular on roads
class or description to such extent and subject to such conditions or
exceptions as they may consider necessary.
LAWS OF GUYANA
Power to erect 51. The Commissioner of Police may cause or permit to be placed on
traffic signs
or near any road, a prescribed traffic sign for—
[4 0f 1972]
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LAWS OF GUYANA
53. Where any member of the police force in uniform is for the time Penalties for
being engaged in the regulation of traffic on a road, or where any traffic neglect of
sign being a sign for regulating the movement of traffic or indicating the traffic
directions
route to be followed by traffic, or for regulating the parking of vehicles [4 of 1972]
has been lawfully placed on or near any road in accordance with section
51, any person driving or propelling any vehicle or being in charge of any
animal who—
54. (1) It shall be lawful for any member of the police force in Abnormal or
uniform on the occasion of any abnormal or extraordinary traffic on a extraordinary
road to give such directions as he may deem necessary in order to relieve traffic
.
[6 of 1997
congestion or prevent obstruction of such traffic and with respect to the 16 of 1998]
parking of vehicles comprising such traffic.
(2) If the driver or person in charge of any vehicle fails to comply
with any direction given under and in accordance with the preceding
subsection he shall be liable on summary conviction to a fine of not less
than two thousand dollars nor more than five thousand dollars.
55. (1) If any person otherwise than with lawful authority or Restrictions on
reasonable cause takes or retains hold of or gets on to a motor vehicle persons being
or trailer while in motion on any road, for the purpose of being drawn or towed by
getting on to or
carried, he shall be liable, in the case of a first conviction, to a fine of not tampering with
less than five thousand dollars nor more than ten thousand dollars, and motor vehicles
in the case of a second or subsequent conviction to a fine of not less than [6 of 1997
ten thousand dollars nor more than twenty thousand dollars. 16 of 1998]
Restriction on 56. (1) It shall not be lawful for more than one person in addition to
pillion riding the driver to be carried on a road on any two-wheeled motor cycle, nor
shall it be lawful for any such person to be so carried otherwise than
sitting astride the cycle and on a proper seat securely fixed to the cycle
behind the driver’s seat.
Restriction on 57. (1) It shall not be lawful for more than one person to be carried
persons being on a road on a bicycle unless it was originally constructed for the carriage
towed on
of more than one person:
bicycles
[12 of 1997
16 of 1998] Provided that this subsection shall not apply to the carriage of not
more than one child under the age of seven years on a bicycle adapted
for the purpose.
(4) This section shall apply only to such areas or to such roads as
the Minister may, from time to time, by order direct.
Restricting on 58. (1) It shall not be lawful for more than two persons to ride abreast
cyclists
. riding on a road upon motor cycles or bicycles:
abreast or
holding on to
other miving Provided that a person shall not be convicted under this section in
vehicles respect of the overtaking of two persons so riding when there is no other
traffic on the road at the point of overtaking.
(2) It shall not be lawful for any person while riding a motor cycle
or bicycle on a road—
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LAWS OF GUYANA
59. If any person in charge of a vehicle, other than a motor vehicle, Using vehicles
uses or causes or permits such vehicle to be used on any road without on road
due care and attention or without reasonable consideration for other carelessly
[52 of 1952
persons using the road he shall be liable on summary conviction, in the 12of 1997
case of a first conviction, to a fine of not less than ten thousand dollars 16 of 1998]
nor more than twenty thousand dollars and, in the case of a second or
subsequent conviction, to a fine of not less than fifteen thousand dollars
nor more than thirty thousand dollars.
60. If any person in charge of a vehicle causes or permits the vehicle Leaving vehicles
or any trailer drawn thereby to remain at rest on any road in such position in dangerous
or in such condition or in such circumstances as to be likely to cause positions
danger or obstruction to other persons using the road, he shall be guilty
of an offence.
61. (1) It shall be the duty of the owner, driver or other person in Removal of
control or in charge of any vehicle— vehicles [7 of
1959
26 of 1961]
(a) when the vehicle has broken down on a road in such
circumstances that the defects cannot be remedied within a
reasonable time or the presence of the vehicle is likely
unnecessarily to obstruct or to cause danger to other persons
using the road; or
(b) when required to do so by a member of the police force
on the ground that the vehicle has been permitted to remain
at rest on a road in contravention of any statutory prohibition
or restriction or in such a position or in such condition or in
such circumstances as to be likely to cause danger to other
persons using the road,
LAWS OF GUYANA
(2) It shall be the duty of any member of the police force to take
all reasonable steps to remove or to employ some other person to
remove, and where necessary to provide for the safe custody of, any
vehicle if he has reason to believe—
(4) For the purpose of this section the word “vehicle” shall
include any load carried thereby.
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LAWS OF GUYANA
62. If any person wilfully loiters or remains on any roadway in such Pedestrians, etc.,
a manner or in such circumstances as to be likely to cause danger or causing
obstruction to persons driving or propelling vehicles on the road he shall obstruction.
[12 of 1997
be liable on summary conviction to a fine of not less than seven thousand 16 of 1998
five hundred dollars nor more than fifteen thousand dollars.
63. (1) If in any case owing to the presence of a motor vehicle on a Duty to stop in
road an accident occurs resulting in injury or death to any person, other case of accident.
than the driver of such vehicle, or damage to property, or injury to any [10 of 1975]
animal under control, the driver of any such vehicle shall—
(4) If any person fails to comply with this section he shall be guilty
of an offence.
Registration of 64. (1) No premises shall be habitually used for the purpose of—
certain premises
and reports of
damage to motor
(a) offering or exposing for sale used motor vehicles; or
vehicles. (b) effecting thereat repairs to motor vehicles, not being the
[10 of 1975] property of the owner or the occupier of the premises,
(3) Any person who offers or exposes for sale used motor
vehicles, or effects any repairs or permits such repairs to be effected to
motor vehicles on premises not registered in accordance with this
section shall be guilty of an offence.
L.R.O. 3/1998
LAWS OF GUYANA
giving the make, serial or engine number, registration number, and the
name and address of the owner or driver of the motor vehicle and of the
person who deposited it at the premises except that it shall not be
necessary for a report to be made under this section—
is guilty of an offence.
Road service 65. (1) No person shall operate a motor vehicle as a motor bus in any
licences. area or route in the county of Demerara, including the City of
[21 of 1946] Georgetown, or in any area or route which may thereafter be defined in
any order made by the Minister unless he is the holder of a road service
licence.
(2) Every person who applies for a road service licence shall
submit with his application to the Prescribed Authority—
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LAWS OF GUYANA
66. (1) In exercising its discretion to grant or to refuse a road service Considerations
before grant or
licence in respect of any routes and its discretion to attach conditions to
refusal of road
a road service licence the Prescribed Authority shall have regard to the service licence.
following matters—
and generally for securing the safety and convenience of the public; and
the Prescribed Authority may from time to time vary in such manner as
it thinks fit the conditions attached to a road service licence.
(3) If any person uses a motor bus or causes or permits it to be
used in contravention of section 65 or wilfully or negligently fails to
comply with any of the conditions attached to a road service licence, he
shall be guilty of an offence.
Power to revoke 67. (1) A road service licence may be revoked by the Prescribed
licences for non- Authority on the ground that any condition subject to which the licence
compliance with was granted has not been complied with:
conditions.
[21 of 1946]
Provided that the Prescribed Authority shall not revoke such a
licence unless, owing to the frequency of the breach of conditions on the
part of the licensee, or to the breach having been committed wilfully, or
to the danger to the public involved in the breach, the Prescribed
Authority is satisfied that the licence should be revoked.
(2) The power to revoke a road service licence under this section
shall include a power to suspend a road service licence for such period
of its duration as the Prescribed Authority may think fit.
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LAWS OF GUYANA
68. A road service licence shall, unless previously revoked, continue Duration of
in force for such period, not exceeding two years, as may be stated in licences.
the licence.
69. Any person whose application for the grant of a road service
Appeal.
licence is refused or whose road service licence has been revoked or [21 of 1946]
suspended may appeal to the President against the decision of the
Prescribed Authority and the President shall, after considering the
matter, make such order as to him may seem just. The decision of the
President shall be final.
70. (1) Notwithstanding any of the provisions of this Act to the Power of
contrary, the Prescribed Authority may issue a special licence with Prescribed
respect to any hire car permitting such hire car to— Authority to
license hire cars
to operate by
(a) ply for hire at separate fares stage by stage, and to stop stages at
to pick up or set down passengers along the line of route; or separate fares
(b) to operate a feeder service. and to operate
feeder services.
[28 of 1948]
(2) In this section “to operate a feeder service” means to convey
passengers for reward from any steamer, railway or aircraft terminus
to their respective destinations at separate fares.
71. (1) In exercising its discretion to grant or to refuse a licence under Considerations
the last preceding section, the Prescribed Authority shall have regard to before grant or
the following matters: refusal of special
licence.
[28 of 1948]
(a) the suitability of the routes on which such a service is
proposed to be run;
(b) the extent to which the proposed service is necessary or
desirable in the public interest;
(c) the needs of the area as a whole, in relation to traffic:
(3) Any special licence granted under the last preceding section
shall remain in force for a period not exceeding two years as may be
stated in the licence, unless previously revoked as hereinafter provided.
Appeal. 73. Any person whose special licence has been revoked may appeal
[28 of 1948] to the President against the decision of the Prescribed Authority and the
President shall after consideration of the matter, make such order as to
him may seem just. The decision of the President shall be final.
Power to fix 74. (1) The Minister may, if he deems it necessary or desirable in the
minimum or public interest so to do, fix the minimum or maximum fares that may be
maximum fares. charged by any person operating a motor bus in any area or route to
which section 65 (1) applies or along any specified part of a route within
that area and shall cause notice thereof to be sent to the Prescribed
Authority.
(2) Upon the receipt of such notice the Prescribed Authority shall
by notice in writing call upon every holder of a road service licence
operating a motor bus in that area or route to produce his licence and shall
endorse thereon the minimum or maximum fares so fixed and thereupon
such endorsement shall become a condition of the licence.
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LAWS OF GUYANA
(3) If upon the receipt of such notice the holder of any such
licence fails within the time specified in the notice to produce his licence,
the licence shall become void.
76. The Commissioner of Police may make orders for fixing stands Power to fix
for motor buses and as to the places at which such vehicles may stop for stands and
a longer time than is necessary for the taking up and setting down of stopping places
passengers and as to the manner of using such stands and places, and for motor
buses.
as to the places or parts of roads at which such vehicles may stop for [26 of 1961]
the taking up and setting down of passengers.
Provided that any motor bus operating outside the said area or route
may traverse any part of the said area or route which may be prescribed
solely for the purpose of setting down or taking up passengers at
prescribed points who are brought from outside or who are to be carried
outside the said area or route.
Conductors’ 79. (1) A person shall not act as a conductor of a motor bus on a road
licences. unless he pays the prescribed fee and obtains a licence for the purpose
[7 of 1959 from a licensing officer and a person shall not employ any person who
is not so licensed to act as conductor of a motor bus on a road.
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LAWS OF GUYANA
80. (1) It shall be lawful for the Prescribed Authority from time to Licensing of
time to license motor cars to operate as hire cars in Guyana subject to motor cars as
hire cars.
such conditions as he may deem necessary, having regard to the co- [21 of 1946
ordination of traffic, the interests of existing bus services and the needs 28 of 1948
of the public. 7 of 1959]
(2) Before any such licence to operate a hire car is granted the
owner thereof shall make a requisition therefor to the Prescribed
Authority in the prescribed form and the requisition shall be signed by the
owner of the hire car in respect of which such licence is applied for.
(3) Every such licence shall remain in force for one year from the
date thereof and there shall be specified therein such particulars as may
be prescribed.
(5) Any person who drives or operates a hire car otherwise than
in accordance with any conditions subject to which a licence has been
issued under this section shall be guilty of an offence.
81. (1) For the purpose of driving a hire car licensed under this Part, Licensing
the Prescribed Authority may, subject to such conditions as may be competent
drivers to drive
prescribed, grant to any fit and proper person a licence to drive a hire car hire cars.
if such person is the holder of a driver’s licence under Part V. [21 of 1946
7 of 1959
(2) No person shall act as the driver of a hire car without first 32 of 1970
3 of 1988]
obtaining from the Prescribed Authority a licence to drive a hire car and
every such licence shall remain in force until the birthday of the licence
holder in the third year following the year of issue, unless it is revoked
or suspended under this Act.
(4) If any person licensed to drive a hire car under this section
lends or parts with his licence he shall be guilty of an offence.
Conditions 82. (1) Anything in the provisions of the last preceding section to the
under which a contrary notwithstanding, but subject to this section, the owner of a hire
hire car may be car may hire such vehicle to any fit and proper person who is the holder
driven by a
person not of a licence under Part V for the purpose of being used and driven by
licensed to such person for his private use.
drive a hire
car. (2) Every person who desires to use and drive a hire car as
[52 of 1950
12 of 1997
contemplated by the preceding subsection shall make application in the
16 of 1998] prescribed form to the licensing officer of the district in which the vehicle
is licensed for a licence in that behalf. Every such application shall be
signed by the applicant and the owner of the vehicle, and shall be
accompanied by the prescribed fee.
(3) Upon the application of any person under the last preceding
subsection the licensing officer if satisfied that—
(a) the applicant is a fit and proper person to use a hire car
as contemplated by subsection (1);
(b) the applicant has taken out such a policy of insurance or
such a security in respect of third party risks as complies with
the requirements of the Motor Vehicles Insurance (Third
c.51:03. Party Risks) Act;
(c) the applicant is licensed under Part V,
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LAWS OF GUYANA
shall issue to the hirer the prescribed licence and the prescribed
identification mark upon the payment of the prescribed fees.
(a) being the owner of a hire car, permits any other person
to hire and drive such vehicle in the manner contemplated by
subsection (1) without having obtained the prescribed licence;
or
(b) drives any hire car in the manner contemplated by
subsection (1) without having obtained a licence under the
provisions of subsections (2) and (3); or
(c) fails to return to the licensing officer the identification
mark issued to him at the completion of the term in respect of
which a licence has been issued to him under subsection (3),
83. (1) No owner of a hire car shall employ any person as the driver Employment of
thereof unless such person first produces to him his licence under section driver of hire
81 to drive a hire car, and every owner who contravenes this section shall car.
[21 of 1946]
be guilty of an offence.
Power to 84. The Prescribed Authority may, upon the conviction for the
suspend or second time of an owner or a driver of any hire car for any offence in
revoke a licence connection with the operation or the driving of a hire car or for any other
to use, or to
drive, a hire car sufficient cause suspend or revoke, as he may deem right, the licence
[21 of 1946] of such owner under section 80 to operate hire cars or the licence of such
driver under section 81 to drive a hire car, as the case may be.
Appeal from
85. (1) Every refusal by the Prescribed Authority to grant a licence to
Prescribed
Authority. operate a hire car or to drive a hire car, and every suspension or
[21 of 1946 revocation of such a licence shall be subject to an appeal to the
26 of 1950] magistrate of the magisterial district in which the applicant for the
licence or the person whose licence is revoked or suspended resides and
the grounds and the form of the appeal shall be prescribed.
and any driver or conductor who carries any such person as a passenger
shall be guilty of an offence.
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LAWS OF GUYANA
(3) Where the motor bus or hire car licensed under this Part has
a conductor, the obligation of the driver or conductor under this section
shall rest wholly on such conductor.
87. (1) No person shall use a goods vehicle on a road in any area of Licensing of
Guyana for the carriage of goods— goods vehicles.
[21 of 1946
34 of 1969]
(a) for hire or reward; or
(b) for or in connection with any trade or business carried
on by him,
(2) Where a goods vehicle is being used on a road for the carriage
of goods, the driver of the vehicle, if it belongs to him or is in his
possession, under an agreement for hire, hire-purchase or loan, and in
any other case the person whose agent or servant the driver is, shall, for
the purposes of this Part be deemed to be the person by whom the
vehicle is being used.
(3) Where at any time goods are carried in a goods vehicle, being
a vehicle which has been let on hire by the person who at the time of the
carriage of the goods is within the meaning of this Part the user of the
vehicle, the goods shall be deemed to be carried by that person for hire
or reward.
Powers of 88. The Prescribed Authority under this Part shall have power and
Prescribed be charged with the duty of granting goods transportation licences in
Authority.
[21 of 1946
respect of goods vehicles used for the purposes referred to in section 87
34 of 1969] (1).
Procedure on 89. A person applying for a goods transportation licence shall submit
applications for to the Prescribed Authority a statement in the prescribed form—
licences.
[34 of 1969]
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LAWS OF GUYANA
90. (1) The Prescribed Authority shall have full power in his Discretion of
Prescribed
discretion either to grant or to refuse an application for a goods Authority as to
transportation licence. grant or refusal
of licences
(2) The Prescribed Authority in exercising his discretion shall {21 of 1946
have regard primarily to the interests of the public generally, including 34 of 1969]
those of persons requiring, as well as those of persons providing,
facilities for transport.
91. The period for which a goods transportation licence may be Duration of
granted shall be for such period, not exceeding two years, as may be licences
stated in the licence. [21 of 1946
34 of 1969]
92. Every goods transportation licence shall be granted subject to the Conditions of
following conditions: licences
[ 21 of 1946
(a) the licensed vehicles are maintained in a fit and 34 of 1969]
serviceable condition;
(b) in relation to a goods vehicle licensed under the
provisions of sections 87 to 96 (inclusive), the applicant has
complied with all the provisions of this Act relating to the
registration of motor vehicles, identification marks, and
certificates of fitness, licence fees, licensing of drivers in
respect of competence and otherwise;
(c) any provisions contained in any written law with respect
to limits of speed and weight, laden or unladen, and the loading
of goods vehicles, are complied with in relation to the licensed
vehicles;
(d) freight rates shall not exceed such rates as may be
prescribed, and if no rates are prescribed, the freight rates
shall be reasonable; and
(e) any other prescribed condition shall be observed;
Penalty for non- 93. (1) Subject to this section, any person who fails to comply with
compliance with any condition of a goods transportation licence held by him shall be guilty
conditions of
licence
of an offence.
[21 of 1946]
(2) Notwithstanding that a vehicle is a licensed goods vehicle, the
conditions of the licence shall not apply while the vehicle is being used
for any purpose for which it might lawfully be used without the authority
of a goods transportation licence.
Power to 96. (1) The Prescribed Authority shall appoint a Board to be called
appoint “The Road Transport Advisory Board” which shall consist of—
Road Transport
Advisory Board. (a) the Licence Revenue Officer who shall be the Chairman
[26 of 1961
of the Board;
19 of 1963
12 of 1982] (b) the Chief Road Officer, the General Manager of the
Transport and Harbours Department and the Commissioner
of Police, or their duly authorised representatives; and
(c) three other fit and proper persons appointed by the
Prescribed Authority.
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LAWS OF GUYANA
(4) The Board may invite any person to attend at a meeting of the
Board for the purpose of giving advice or information on any matter
which is being considered by the Board, but such person shall not be
entitled to vote thereat.
(5) The Board may regulate its own procedure in any matter not
otherwise provided for by this Act.
97. For the avoidance of doubt, it is hereby declared that this Part Application of
shall apply to motor buses, hire cars and goods vehicles in the City of Part VIII to
Georgetown and the Town of New Amsterdam, anything contained in Georgetown
and New
the Municipal and District Councils Act. Amsterdam
[21 of 1946 24
of 1969]
c. 28:01
98. The Prescribed Authority for the purposes of this Part shall be the Prescribed
Licensing Authority under this Act, and Part I shall, mutatis mutandis, Authority for the
apply to proceedings and licences under this Part. purposes of Part
VIII.
[21 of 1946]
PART IX
GENERAL
99. (1) The fees specified in the First Schedule shall be payable to the Fees
Licensing Authority in respect of the several matters to which they are First Schedule
applicable.
100. (1) The Minister may by order for the purpose of giving effect to International
any convention for facilitating the international circulation of motor circulation of
vehicles provide— motor vehicles
LAWS OF GUYANA
(3) Any order made under this section may at any time be varied
or revoked by a subsequent order.
Method of 101. For the purposes of this Act, the weight unladen of any motor
calculating vehicle shall be taken to be the weight of the vehicle inclusive of the body
weight
and all parts (the heavier being taken where alternative bodies or parts
are used) which are necessary to or ordinarily used with the vehicle
when working on a road, but exclusive of the weight of water, fuel or
accumulators used for the purpose of the supply of power for the
propulsion of the vehicle, and of loose tools and loose equipment.
Recovery of 102. (1) If by reason of an offence against this Act any injury is caused
damage to road
or bridge.
to any road, or bridge, the road authority may cause such injury to be
made good, and may, either before or after the injury is made good,
recover the estimated or actual cost thereof from the owner of the motor
vehicle by the use of which the offence was committed.
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103. The Commissioner of Police with the approval of the Minister Silent zones
may by order declare that from and after a date to be fixed by such order [26 of 1961
4 of 1972]
no horn or other warning device shall be sounded during such hours, or
at or within such place or area of any municipal area as may be specified
in the order.
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(3) In any regulation made under this Act there may be attached
thereto for any breach thereof a fine not exceeding thirty thousand
dollars.
105. All orders made by the Licensing Authority, the Commissioner of Publication of
Police or by a local Government authority shall be published in the orders.
[26 of 1961]
Gazette and in one or more newspapers and may at any time be varied
or revoked by a subsequent order.
106. Any authority or person having power to issue any certificate or Duplicate
licence under this Act shall, on proof to its or his satisfaction that such licences and
certificate or licence has been lost or destroyed, and on payment of the certificates.
prescribed fee, issue a copy of the certificate or licence to the person
entitled thereto.
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Giving false 108. If any person in or in connection with an application for a motor
information vehicle licence or the registration of a motor vehicle, or a driving licence
[12 of 1997
or the endorsement of such a licence or a conductor’s licence, or any
16 of 1998]
change or variation in a motor vehicle licence or the registration of a
motor vehicle or in giving any information lawfully demanded or required
under this Act or any regulations made thereunder makes any statement
which to his knowledge is false, or in any material respect misleading,
he shall be liable on summary conviction to a fine of not less than fifteen
thousand dollars nor more than thirty thousand dollars and to
imprisonment for six months.
109. (1) Every person who takes and drives away any motor vehicle
Taking motor
vehicle without without having either the consent of the owner thereof or other lawful
owner’s authority shall be liable—
consent or other
authority (a) on summary conviction to a fine of not less than twenty
to be an offence
[7 of 1959
thousand dollars nor more than forty thousand dollars or to
12 of 1997 imprisonment for twelve months;
16 of 1998] (b) on conviction on indictment to a fine of not than thirty
thousand dollars nor more than sixty thousand dollars and to
imprisonment for two years:
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(2) If on the trial of any indictment for stealing a motor vehicle the
jury are of opinion that the defendant was not guilty of stealing the motor
vehicle but was guilty of an offence under this section, the jury may find
him guilty of an offence under this section and thereupon he shall be
liable to be punished accordingly.
110. (1) In all proceedings under the provisions of this Act every motor Onus of proof
vehicle and trailer shall be deemed to be kept for use on a road until the as to use of
motor vehicle.
contrary is proved by the owner of the vehicle.
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Power to convict 111. Upon the trial of a person who is indicted for manslaughter in
for reckless or connection with the driving of a motor vehicle by him, it shall be lawful
dangerous
driving for the jury, if they are satisfied that he is guilty of an offence under
[16 of 1998] section 37 to find him guilty of that offence, whether or not the
requirements of section 46 have been satisfied as respects that offence,
and any person so convicted shall be liable to imprisonment for two
years.
Temporary 113. (1) If any person is charged with manslaughter arising out of the
suspension of use of a motor vehicle or with contravening section 36 or section 37, the
driving licence.
[26 of 1961]
Licensing Authority may, with the approval of the Director of Public
Prosecutions, order the suspension of the driving licence of the person
so charged pending the determination of the charge.
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114. (l) All offences under this Act (except where otherwise provided) Prosecutions
shall be prosecuted under the Summary Jurisdiction Acts. and penalties
for offences.
[14 of 1962
(2) Any person who contravenes or fails to comply with any order 32 of 1970
made by the Licensing Authority, the Commissioner of Police or by a 12 of 1997
Local Government authority for which no special penalty is provided 16 of 1998]
shall be liable on summary conviction, in the case of a first conviction, to
a fine of not less than five thousand dollars nor more than ten thousand
dollars and, in the case of a second or subsequent conviction, to a fine of
not less than ten thousand dollars nor more than twenty thousand
dollars.
(3) Any person who fails to comply with any of the provisions of
this Act shall be guilty of an offence and a person guilty of an offence
under this Act for which no special penalty is provided shall be liable on
summary conviction to a fine of not less than twenty thousand dollars
nor more than forty thousand dollars.
115. The provisions of sections 35, 43, 58 and 103 shallNon- applica-
not apply to any motor vehicle on any occasion when it istion of certain
being used for fire brigade, ambulance or police purposes,sections to
vehicles when
if the observance of those provisions would be likely toused for certain
hinder the use of that vehicle for the purpose for which it ispurposes
being used on that occasion.
117. Whenever the provisions of this Act are in conflictIn the event of
with the provisions of any other Act relating to the controla conflict of
of vehicles and road traffic the provisions of this Act shalllaws the
prevail. provisions of
this Act to
prevail.
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Goods Vehicles
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$ c.
5. For each goods vehicle:—
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$ c.
and any decision of the licensing officer with which
the applicant is dissatisfied shall be subject to appeal,
which shall lie in the like manner as an appeal
under the proviso to section 19(3) against refusal to
issue a licence.
B—OTHER FEES
SECTIONS
5. For registration:-
SECTIONS
of motor cycle...................................... 500.00
of other motor vehicles............................. 1,000.00
of trailer................................................. 300.00
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82.For the issue of an identification mark for a hire car being used in the
1,000.00 manner contemplated by section 82(1). This fee shall be refunded upon
the return of the identification mark to the Licensing Officer
LIMIT OF SPEEDS
[Reg. 14/1971
1. Motor cars, hire cars, motor cycles and other vehicles the
unladen weight whereof is not in excess of 25 cwt.:—
3. Motor tractors 15
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Provided that:—
(a) the maximum speed per hour for a vehicle under the control
of holder of a provisional licence, being a vehicle of a class
mentioned in the foregoing items shall be 25 miles; and
(b) A motor vehicle, other than a motor tractor, drawing a trailer
or other vehicle shall not be driven at a speed in excess of the
maximum speed for a vehicle of its particular class less 5
miles per hour.
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