Related documents
- Repeals Road Transportation Act, 1963
eSwatini
Road Transportation Act, 2007
Act 5 of 2007
- Published in Swaziland Government Gazette Extraordinary 98 on 20 September 2007
- Assented to on 20 June 2007
- Commenced on 29 February 2008
- [This is the version of this document from 20 September 2007.]
Part I – Preliminary
1. Citation and commencement
This Act may be cited as the Road Transportation Act, 2007 and shall come into operation on a date to be appointed by the Minister by Notice in the Gazette, different dates may be appointed for coming into operation of different sections of the Act or for different persons and motor vehicles falling under the Act.2. Interpretation
In this Act, unless the context otherwise indicates—“abnormal load” means a load that cannot reasonably be divided into smaller loads, and that due to the nature of such load cannot be conveyed upon a motor vehicle in a manner which complies with the prescribed limits of weight or dimensions of motor vehicles and the loads thereon, as contained in the Road Traffic Act;“area permit” means authority that is given in respect of a particular region or district or locale in accordance with section 12(1);“authorised representative” means a person who—(a)is entitled to practice and appear as an advocate or an attorney in the High Court of Swaziland; or(b)has been authorised in writing by another person to represent that other person before the Board or the Board of Appeal as the case may be;“Board” means the Road Transportation Board established by section 4;“Board of Appeal” means the Road Transportation Board of Appeal established by section 9;“bus” means a motor vehicle designed or adopted solely for the conveyance of more than 30 persons, including the driver but does not exceed 22 metres in length;“bus-train” means a motor vehicle designed or adopted for the conveyance of more than 30 persons, including the driver and is more than 22 metres long;“certificate of fitness” means an official document issued under Part VI of the Road Traffic Act;“chairperson” means the chairperson of the Board or the Board of Appeal, as the case may be;“examiner” means a person who assesses vehicles appointed as such under the Road Traffic Act;“fare” means the amount of money paid by a passenger for a specific journey by bus, minibus or taxi;“fee” means a charge or cost prescribed by the Minister;“goods vehicle” means a motor vehicle other than a motor cycle, motor tricycle, motor quadrucycle, motor car, minibus or bus, designed or adapted for the conveyance of goods on a public road and includes a truck-tractor, an adaptor dolly, a converter dolly and a breakdown vehicle;“gross vehicle mass” means the maximum mass of a vehicle and its load as specified by the manufacturer or in the absence of such specification as determined by an examiner;“hazardous material” means any risky, dangerous material;“inspector” means an officer of Government who is designated as an inspector by the Principal Secretary;“international road transport permit” means a permit referred to in section 12(3) or (4);“local authority” has the same meaning as contained in the Urban Government Act, 1969;“member” means a member of the Board or member of the Board of Appeal as the case may be;“minibus” means a motor vehicle designed or adapted solely or principally for the conveyance of more than nine (9), but not more than sixteen (16) persons, including the driver;“midibus” means a motor vehicle designed or adapted solely or principally for the conveyance of more than (17), but not more than (30) persons, including the driver;“Minister” means the Minister responsible for Transport;“motor car” means a motor vehicle other than a motor cycle, motor tricycle, motor quadrucycle or tractor, designed or adapted solely or principally for the conveyance of not more than (9) persons, including the driver;“national road transportation permit” means a permit referred to in section 12(1) of this Act;“national transport body” means a Body representing all Transport Associations in Swaziland and comprising members of the national freight and regional passenger transport organizations established in accordance with section 36(g);“operator” means, in relation to a motor vehicle used or to be used for road transportation, the person who holds or is required under this Act to hold a permit, and who is—(i)the owner of the vehicle concerned; or(ii)a person who in terms of a written contract with the owner has full rights to use the vehicle for a period exceeding three (3) months;“person” includes a legal person;“permit” means a national road transport permit, international road transport permit, route permit, area permit or special permit, as the case may be;“prescribed” means approved by regulations made by the Minister and published in the Gazette;“Principal Secretary” means the Principal Secretary responsible for Transport;“public road” means a public road as defined in the Road Traffic Act, except that for purposes of a prosecution under this Act the road on which an offence is alleged to have been committed shall, unless the contrary is proved, the deemed to be a public road;“road transportation” means the use on a public road of—(i)a motor car, minibus or midibus to carry passengers for reward;(ii)a bus or bus train;(iii)a goods vehicle, the gross vehicle mass of which exceeds 3500 kilogrammes; or(iv)a goods vehicle, the gross vehicle mass of which does not exceed 3500 kilogrammes, to carry goods for reward;“route permit” means a permit referred to in section 12(1);“scheduled service” means a road transportation service for the conveyance of passengers for a journey or journeys from one or more points specified in advance to one or more destinations so specified and which may have stopping points to pick up or get down passengers along the line of route, according to a predetermined time table;“station commander” means a police officer in charge of a police station at a designated area;“unscheduled service” means a road transportation service for the conveyance of passengers for a journey from a place to any other place as required;“Secretary” means the Secretary of the Board or Board of Appeal as the case may be;“tariff” means a charge per kilometre or per passenger kilometre as the case may be, for passenger transportation;“taxi” means a three (3) sitter motor car which is used for the conveyance of persons for reward or for hire.3. Requirements for road transportation
Part II – Road Transportation Board
4. Establishment and constitution of Road Transportation Board
5. Meetings, quorum and procedure of the Board
6. Functions of the Board
The functions of the Board are to—7. General powers of the Board
8. Right of appeal
A person aggrieved by a decision of the Board may appeal to the Appeal Board and section 11 of this Act shall apply with regard to such appeal.Part III – Road Transportation Appeal Board
9. Establishment and constitution of Road Transportation Appeal Board
10. Meetings, quorum and procedure of the Appeal Board
11. Appeal against decision of the Board
Part IV – Permits
12. Permit to be obtained for road transportation services
13. Particulars which are to be furnished
14. Notification of applications
15. Consideration of applications for permits
16. Matters to be considered by the Board
17. Validity of permits
18. 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—19. Powers of the Chairperson of the Board regarding renewal or amendment of permit
Part V
20. Issuance of licences and renewals thereof
21. Fees
The prescribed licence fee shall be paid in respect of each public service motor vehicle.22. Expiry date of licence
23. When licence to be surrendered
Part VI – Miscellaneous
24. Taxis
25. 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—26. Receipt for fares
27. Responsibility and authority of driver
28. Responsibility of operator
An operator shall ensure that, in respect of any motor vehicle operated by him under this Act—29. Powers of police officer, examiner or inspector
30. Seizure of motor vehicle
31. Consultation
The Board may from time to time, consult with the representative association of the operators or the public regarding road transportation matters.32. Offences and penalties
33. Forfeiture of motor vehicle
34. Trucking in Swaziland
35. The Minister may enter into agreements with other countries
36. Regulations
The Minister, may, by notice in the Gazette make regulations consistent with this Act—37. Repeal and savings
History of this document
29 February 2008
Commenced
20 September 2007 this version
Published in Swaziland Government Gazette Extraordinary 98
20 June 2007
Assented to