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Motor Traffic Act 2014 - Motor Traffic Regulations 2014

REPUBLIC OF NAURU
Motor Traffic Regulations 2014

SL No. 10 of 2014

Contents

1 Short title
2 Commencement
3 Repeal
4 Interpretation
5 Number Plates
6 Form of number plates
7 Issuing of trader's plates
8 Use of trader's plates
9 Cessation or transfer of business
10 Surrender of trader's plates on demand
11 Non-renewal of trader's licence
12 Record of use of trader's plates
13 Furnishing of information to the Registrar
14 Applying for permit
15 Form of application
16 Conditions of permit
17 Validity of permit
18 Offence to operate without permit
19 Permit not transferable
20 Plates to be issued
21 Cessation or transfer of taxi or rental business
22 Surrender of taxi and rental plates on demand
23 Non-renewal of permit
24 Record to be maintained by rental vehicle operator
25 Requirement to make information available
26 Fees

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Cabinet makes the following regulations under the Motor Traffic Act 2014:

PART 1 – PRELIMINARY MATTERS

1 Short title
These Regulations may be cited as the Motor Traffic Regulations 2014.

2 Commencement
These Regulations commence on the day on which they are published in the Gazette.

3 Repeal
The Registration Labels Regulations 1973, Motor Traffic (Fees) Regulations 2012 and Motor Traffic (Fees) (Amendment) Regulations 2014 are hereby repealed.

4 Interpretation
In these regulations:

'approved garage' has the same meaning as in the Act;

'Act' unless otherwise stated, means the Motor Traffic Act 2014;

'commercial motor vehicle' means:

(a) a container mover and a prime mover (being a motor vehicle built to tow a semi- trailer);

(b) a motor vehicle used by a commercial enterprise or business house for the carriage of goods or for the transporting of its employees; or

(c) a motor vehicle that is used for a taxi service or a rental service as provided in these Regulations.

'number plates' mean one or more metal plates issued by the Registrar recording the unique identifying number assigned to each motor vehicle as provided under Regulation 5 of these Regulations;

'plates' unless otherwise stated, has the same meaning as number plates;

'ply for hire' means to drive a taxi on the road to search for, or be available for, hire;

'rental service' means the letting of a motor vehicle for an agreed period on hire or rent for the carriage of passengers or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle;

'rental vehicle operator' means a person who has been issued with a rental vehicle permit to operate a rental vehicle business;

'rental vehicle permit' means a permit that is issued under regulation 14(a)(b)(b);

'rental vehicle' means a vehicle that has been issued with a rental vehicle permit under these Regulations;

'semi-trailer' means a trailer that has:

(a) one axle group or single axle towards the rear; and

(b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover;

'stand for hire' means, in the case of a taxi, to be parked ready to accept requests for hire;

'taxi' means a passenger motor vehicle which may carry no more than four passengers in addition to the driver and which is licensed to stand and ply for hire as a taxi;

'taxi operator's permit' means a permit issued by the Registrar certifying that the motor vehicle is authorised to carry out taxi services;

'trader plates' means plates that are issued under regulation 7 of these Regulations to a trader who has been issued with a motor vehicles trader's licence under section 31 of the Act;

'taxi services' means a business activity consisting of the provision and co-ordination of taxi services to passengers given for hire or reward.

PART 2 - NUMBER PLATES

5 Number Plates
(1) The owner of a motor vehicle shall, within seven days of the motor vehicle being registered, and after payment of the prescribed fee, firmly affix to the motor vehicle the number plates issued by the approved garage.

(2) Subject to sub-regulation (6), the number displayed on the plate issued under sub-regulation (1), shall be the same number issued under section 13 (1) (a) of the Act.

(3) In the case of a motorcycle, trailer or auto rickshaw, it is sufficient for the purposes of this Act that one plate be securely affixed in an upright position on the rear of the vehicle.

(4) In the case of any other kind of motor vehicle, one plate must be displayed on the front of the motor vehicle and one plate must be displayed on the rear of the motor vehicle.

(5) For all motor vehicles covered under the Act and these Regulations, it is a requirement that number plates be securely affixed in an upright position and displayed so that the unique identifying number on the plate is easily visible at all times:

(a) in the case of the front plate, from the front of the motor vehicle;

(b) in the case of the rear plate, from the rear of the motor vehicle.

(6) A person seeking to affix to his vehicle a personalised number plate must:

(a) submit to the Registrar the proposed letters, numbers or combination of both, to be written on the number plate;

(b) wait for the approval from the Registrar to be forwarded to the approved garage; and

(c) upon approval being granted, pay the prescribed fee under these Regulations.

(7) Where the figures or letters, or both, on a number-plate, including personalised number plates, are so defaced that they are not easily legible, the owner of the motor vehicle to which the number plate is affixed shall notify the approved garage.

(8) The approved garage shall:

(a) on receipt of a notification under sub-regulation (7); and

(b) on payment by the owner of the motor vehicle of the fee specified in the Regulations,

supply to that owner a new number plate or number plates.

(9) On receipt of a new number plate or number plates under sub-regulation (8), the owner of the motor vehicle in respect of which the new number plate or number plates is supplied, shall forthwith surrender the defaced number plate to the approved garage.

(10) Subject to sub-regulation (6), an owner of a motor vehicle shall not cause or permit a number plate bearing a number other than the registered number of that motor vehicle to be affixed to that motor vehicle.

6 Form of number plates

(1) A number plate for a motor vehicle issued under these Regulations shall bear:

(a) for the official vehicle of the President–the Republic of Nauru coat of arms on a white background;

(b) for the official vehicles of Ministers–the letters "GM" and two numerals in black, on a white background;

(c) for the official vehicles of members of the Diplomatic Corps–the letters "DC" followed by numerals, in black on a white background;

(d) for motor vehicles, including buses, owned by the Republic, including the Police Force, an instrumentality of the Republic or a statutory body:

i. in the case of a motor vehicle, other than a motorcycle, the letters RON and three numerals in a series commencing with "RON 001" in black on a white background;

ii. in the case of a motorcycle two letters and three numerals in a series commencing with "R 001" in black, on a white background;

(e) for traders licences, taxi operator's permits, rental vehicle permit and trailers the letters "TT", followed by three numerals, in black, on a white background;

(f) for commercial motor vehicles, other than those with taxi or rental vehicle permits, the letters "AAB" followed by four numerals and commencing with "AAB 001" in black on a white background;

(g) for private or company bus plates, the letter "B" followed by four numerals and commencing with "B 001" in black, on a white background;

(h) privately owned motor vehicles, three letters followed by three numerals, in black, on a white background; and

(i) for privately owned motorcycles, two letters followed by three numerals, in black, on a white background.

(2) The Registrar may, in his discretion, issue to motor vehicles, including buses, owned by the Republic, the Police Force, an instrumentality of the Republic or a statutory body, number plates of the type issued to privately owned motor vehicles under sub-regulation 6(h).

(3) Except as provided by the Act, these Regulations or any other law, a person shall not drive a motor vehicle having on it a number plate other than one prescribed under sub-regulation (1) and any person found to be in contravention commits an offence and is liable to pay a penalty of $200.

PART 3 – TRADER'S PLATES

7 Issuing of trader's plates
Trader's plates are issued to those who have been granted a motor vehicle trader's licence under section 31 of the Act.

8 Use of trader's plates
(1) A motor vehicles trader's licence in respect of motor vehicles entitles the holder, while the licence is in force:

(a) to a pair of trader's plates issued to him to any motor vehicle that is in his possession or the possession of his employee; and

(b) to attach, in accordance with regulation 6(1)(e) the plates to any vehicle that is being used for a bona fide purpose connected with the manufacture, repair, painting, testing, demonstration, sale or exchange of the vehicle or its delivery to another trader, a purchaser or the owner.

(2) A trader who attaches a trader's plate or permits trader's plates to be attached to a vehicle to which he is not entitled to attach such plates, commits an offence and is liable to pay a penalty of $500.

9 Cessation or transfer of business
(1) Any trader who ceases to be engaged in the business of a trader as licensed under the Act, shall within fourteen days after ceasing to carry on that business, notify the Registrar in writing of that fact and return to the Registrar or to the approved garage the motor vehicles trader's licence and the trader's plates issued to him.

(2) A person to whom the business of a trader has been sold or transferred shall:

(a) apply in writing to the Registrar;

(b) upon payment of the prescribed fee, have the unexpired period of the motor vehicles trader's licence transferred to him or her.

10 Surrender of trader's plates on demand
Where the Registrar is satisfied that a trader has ceased to be engaged in the business of a trader, he may demand the return of any trader's plates issued to the trader and the person holding the plates shall within fourteen days return the plates to the Registrar or to the approved garage.

11 Non-renewal of trader's licence
Where a trader does not intend to apply for the renewal of his motor vehicles trader's licence, he shall, not later than fourteen days after the date on which the licence was due for renewal:

(a) notify the Registrar in writing of that fact; and

(b) return to the Registrar the licence issued to him and the trader's plates held by him.

12 Record of use of trader's plates
(1) A trader shall, within twenty-four hours after the time any vehicle to which a trader's plate is attached leaves his premises:

(a) make a record of the date on which the vehicle departed from his premises;

(b) the number of the trader's plate attached to the vehicle;

(c) the make of the vehicle;

(d) the name of the driver of the vehicle;

(e) the times at which the vehicle departed from and returned to his premises; and

(f) the purpose for which the vehicle was used.

(2) If at any time, the trader is requested by the Registrar or the Police to furnish the above records, he shall within reasonable time, produce such records for inspection.

(3) Any trader failing to comply with sub-regulation (2) commits an offence and is liable to pay a fine of $200.

13 Furnishing of information to the Registrar
A trader must, if requested, furnish to the Registrar a list of the names and addresses of all persons to whom he has sold, or from whom he has purchased, motor vehicles together with particulars of the type, manufacture, horsepower, engine number, chassis number, weight and registration number of each vehicle.

PART 4 – TAXIS, RENTAL VEHICLES AND COMMERCIAL VEHICLES

14 Applying for permit
A person may apply to the Registrar for a permit of the following type:

(a) a taxi operator's permit to an applicant who applies to engage in taxi services; or

(b) a rental vehicle permit to an applicant who applies to engage in rental car services.

15 Form of application
(1) An application for the grant or renewal of a taxi operator's permit or rental vehicle permit shall be made to the Registrar and be in the form and contain such particulars or documentation as the Registrar may require.

(2) An application made under sub-regulation (1) shall be accompanied by the prescribed fee.

16 Conditions of permit
The Registrar shall place any necessary conditions on any permit issued under these Regulations.

17 Validity of permit
A permit issued under regulation 14 shall remain valid for one year, unless and until it is revoked, suspended or surrendered.

18 Offence to operate without permit
Any person who is not the holder of a permit issued under regulation 14 and is carrying out any taxi services or rental car services, commits an offence and is liable to pay a fine of $1000.

19 Permit not transferable
Subject to regulation 21, a permit issued under these Regulations is not transferrable.

20 Plates to be issued
(1) A taxi operator's permit and a rental vehicle permit, entitles the holder, while the permit is in force:

(a) to a pair of plates issued to him for each of the vehicles being used in the business; and

(b) to attach the plates, in accordance with regulation 6(1)(e), to any vehicle that is being used for a bona fide purpose connected with the provision of taxi services or rental car services.

(2) Any person who attaches taxi operator's plates or rental vehicle plates to a vehicle to which he is not entitled to attach the plates, commits an offence and is liable to pay a fine of $500.

21 Cessation or transfer of taxi or rental business
(1) Any taxi operator or rental vehicle operator who ceases to be engaged in the business as permitted under these Regulations, shall within fourteen days after so ceasing to carry on that business, notify the Registrar in writing of that fact and return to the Registrar any plates issued to him.

(2) A person to whom the taxi operator business or rental vehicle business has been sold or transferred shall:

(a) apply in writing to the Registrar; and

(b) upon payment of the prescribed fee, have the unexpired period of the permit transferred to him or her.

22 Surrender of taxi and rental plates on demand
Where the Registrar is satisfied that a person has ceased to be engaged in the business of taxi services or rental vehicle services, he must demand the return of any plates issued and the person holding the plates shall within fourteen days return the plates to the Registrar.

23 Non-renewal of permit
Where a person does not intend to apply for the renewal of his permit, he shall, not later than fourteen days after the date on which the permit was due for renewal:

(a) notify the Registrar in writing of that fact; and

(b) return to the Registrar the permit issued to him and the plates held by him.

24 Record to be maintained by rental vehicle operator
(1) Any person holding a permit for a rental vehicle operator's business shall, before any vehicle to which plates are attached, leaves his premises, make a record:

(a) of the person to whom the vehicle has been rented;

(b) of the date on which the vehicle departed and returned to his premises;

(c) the number of the plates attached to the vehicle; and

(d) the make of the vehicle.

(2) If at any time, the rental vehicle operator is requested by the Registrar or the Police to furnish the above records, he shall within reasonable time, produce such records for inspection.

(3) Any person failing to comply with sub-regulation (2) commits an offence and is liable to pay a fine of $200.

25 Requirement to make information available
A person dealing in a rental vehicle operator's business must, if requested, furnish to the Registrar a list of the names and addresses of all persons to whom he has rented, together with particulars of the type, manufacture, horsepower, engine number, chassis number, weight and registration number of each vehicle.

PART 5 – FEES

26 Fees
All fees payable under the Act or these Regulations are set out in the Schedule.

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SCHEDULE

Regulation 26