This Act was repealed on 2008-02-29 by Road Transportation Act, 2007.
Related documents
- Is repealed by Road Transportation Act, 2007
eSwatini
Road Transportation Act, 1963
Act 37 of 1963
- Commenced on 1 April 1964
- [This is the version of this document at 1 December 1998.]
- [Repealed by Road Transportation Act, 2007 (Act 5 of 2007) on 29 February 2008]
Part I – Preliminary
1. Short title
This Act may be cited as the Road Transportation Act, 1963.2 Interpretation
In this Act, unless the context otherwise requires—“Appeals Board” means the Road Transportation Appeals Board established by section 17bis;[Added A.6/1980]“board” means the Road Transportation Board established under section 5;“Chairman” means the chairman of the board;“inspector” means an officer designated by the Minister as such by notice in the Gazette;[Added K.O-I-C. 44/1973]“member” includes the chairman or vice-chairman;“Minister” means the Minister responsible for Communications;“motor vehicle” means any vehicle self-propelled by mechanical or electrical power, adapted or intended to be used on roads for the purpose of conveying persons or goods;“official” means an officer of the Board, but does not include any member of the Board;[Added K. O-I.C. 44/1973]“public road” means—(a)any road established, proclaimed or recognised as such under the provisions of any law and includes bridges over which such road passes;(b)any road or thoroughfare however created which, before or after the commencement of this Act, has been in undisturbed use by the public or which the public has had the right to use during a period of not less than three years; and(c)any street or thoroughfare and any other public place whatever open for the use of the public for purposes of vehicular traffic:Provided that in any prosecution under this Act the road on which the offence is alleged to have occurred shall be assumed to be a public road unless and until the contrary is proved;“public servant” has the meaning assigned to it in the Repealed Constitution, Act No. 50 of 1968c;[Added A.35/1968]“public service vehicle” means—(a)any motor vehicle or trailer used for the carriage or haulage of passengers or goods or both for hire or reward on one or more occasions, but does not include—(i)a motor vehicle the property of the Government;(ii)a motor vehicle driven by a public servant in the course of his duties as such or on behalf of the Government;(iii)an ambulance, a fire engine, hearse or motor cycle whether with or without a side-car;(iv)a motor vehicle in transit through Swaziland on condition that no persons or goods are deposited or picked up in Swaziland; or[Amended A.12/1985](b)any motor vehicle or class of motor vehicle used for or in connection with any trade or profession which, although not plying for such a hire or reward as is referred to in paragraph (a), is declared by the Minister under the provisions of section 23 to be a public service vehicle;“quarter-day” means the thirty-first day of March, the thirtieth day of June, the thirtieth day of September or the thirty-first day of December;“scheduled service” means a road transportation service for the carriage of passengers or goods or both at separate fares or tariffs for a journey or journeys from one or more points specified in advance to one or more common destinations so specified and which has stops to pick up or set down passengers or goods or both along the line of route.3. Public service vehicle not to be used except in accordance with a permit
No person shall drive or cause or permit to be driven on a public road a public service vehicle otherwise than under and in accordance with the terms and conditions of a permit issued under section 14.4. Unlicensed public service vehicle not to be used on public road
No person shall drive or cause or permit to be driven on a public road a public service vehicle which is not licensed in accordance with the provisions of section 19.Part II – Road Transportation Board
5. Establishment of Road Transportation Board
6. Procedure of the board
7. Functions of the board
The functions of the board shall be—Part III – Permits
8. Applications for permits
9. Particulars which are to be furnished
10. Notification of applications
11. Consideration of applications for permits
12. Matters to be considered by the board
13. Validity of permits
14. Particulars of road transportation service permit
A road transportation service permit shall be issued by the secretary to the board on behalf of the board and shall specify—15. Powers of the board
16. Powers of chairman and vice-chairman
17. Powers of Regional Administrator
17bis. Establishment of Road Transportation Appeals Board
18. Appeal from decision of the board
Part IV – Licences
19. Issue of licences and renewals thereof
20. Fees
21. Expiry date of licence
22. When licence to be surrendered
Part V – Miscellaneous
23. Declaration of a public service vehicle
If in his opinion it is in the public interest to do so, the Minister may, by notice in the Gazette, declare—24. Receipt for fares
25. Marking of vehicles
26. Powers of police and examiners
27. Offences and penalties
28. Regulations
The Minister may, by notice in the Gazette, make regulations—29. ***
[Amended P.20/1964; repealed A.6/1980]History of this document
29 February 2008
Repealed by
Road Transportation Act, 2007
01 December 1998 this version
Consolidation
01 April 1964
Commenced
Documents citing this one 40
Gazette 32
- Swaziland Government Gazette dated 1994-04-15 number 18
- Swaziland Government Gazette dated 1994-04-29 number 20
- Swaziland Government Gazette dated 1994-05-06 number 21
- Swaziland Government Gazette dated 1994-11-11 number 56
- Swaziland Government Gazette dated 1995-09-22 number 113
- Swaziland Government Gazette dated 1995-10-20 number 117
- Swaziland Government Gazette dated 1996-06-14 number 166
- Swaziland Government Gazette dated 1996-07-26 number 176
- Swaziland Government Gazette dated 1996-11-22 number 206
- Swaziland Government Gazette dated 1996-12-20 number 215
- Swaziland Government Gazette dated 1997-05-22 number 254
- Swaziland Government Gazette dated 1997-06-06 number 258
- Swaziland Government Gazette dated 1997-08-01 number 278
- Swaziland Government Gazette dated 1998-02-06 number 327
- Swaziland Government Gazette dated 1998-03-20 number 339
- Swaziland Government Gazette dated 1998-04-10 number 345
- Swaziland Government Gazette dated 1998-05-08 number 350
- Swaziland Government Gazette dated 1999-02-12 number 442
- Swaziland Government Gazette dated 1999-10-08 number 515
- Swaziland Government Gazette dated 1999-11-29 number 531
- Swaziland Government Gazette dated 1999-12-03 number 532
- Swaziland Government Gazette dated 1999-12-17 number 535
- Swaziland Government Gazette dated 2000-03-31 number 553
- Swaziland Government Gazette dated 2000-09-12 number 603
- Swaziland Government Gazette dated 2000-11-21 number 625
- Swaziland Government Gazette dated 2001-02-13 number 658
- Swaziland Government Gazette dated 2001-03-09 number 667
- Swaziland Government Gazette dated 2002-10-24 number 873
- Swaziland Government Gazette dated 2005-06-24 number 063
- Swaziland Government Gazette dated 2005-10-20 number 105
- Swaziland Government Gazette dated 2007-07-20 number 77
- Swaziland Government Gazette dated 2007-08-14 number 89
Judgment 7
- City Council of Manzini v Swaziland Interstate Transport Association and Another (2447 of 2006) [2006] SZHC 151 (3 November 2006)
- Gule v Mndzebele (1316 of 2004) [2007] SZHC 131 (7 December 2007)
- Gule v Road Transportation Roard and Others [1995] SZHC 53 (31 March 1995)
- Makama v Road Transportation Board and Others [1995] SZHC 85 (7 June 1995)
- Mnisi v Gule [1994] SZHC 6 (11 February 1994)
- Mvubu v Gule and Others [1995] SZHC 78 (26 May 1995)
- Simelane v Dlamini and Others [1995] SZHC 144 (22 November 1995)