ACT, No. 08 OF 2009

8of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
MOTOR TRAFFIC (AMENDMENT)
ACT, NO. 8 OF 2009
—————————
[Certified on 11th March, 2009]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of March 13, 2009
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Motor Traffic (Amendment) Act, No. 8 of 2009 1
[Certified on 11th March, 2009]
L.D. —O. 1/2007.
AN ACT TO AMEND THE MOTOR TRAFFIC ACT (CHAPTER 203)
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Motor Traffic Short Title.
(Amendment) Act, No. 8 of 2009.
2. The Motor Traffic Act (Chapter 203) (hereinafter Amendment of
referred to as “the principal enactment”) is hereby amended— Chapter 203.
(1) by the substitution for the word “Commissioner”
wherever that word occurs in the principal
enactment, of the word “Commissioner-General” ;
(2) by the substitution for the words “demerit points”
wherever these words occur in the principal
enactment of the words “driver improvement
points”;
(3) by the substitution for the word “highway”
wherever that word occurs in the principal
enactment of the word “road” ; and
(4) by the substitution for the word “lorry “ wherever
that word occurs in the principal enactment, of the
words “motor lorry”.
3. The heading to Part I of the principal enactment is Replacement of
hereby repealed and the following heading substituted heading to
PartI of the
therefor :—
principal
enactment.
“REGISTRATION, POSSESSION AND USE OF MOTOR
VEHICLES”
4. Section 2 of the principal enactment is hereby Amendment of
Section 2 of the
amended as follows :— principal
enactment.
(1) by the repeal of subsections (2) and (2A) thereof
2—PL 003293—4,250 (10/2008)
2 Motor Traffic (Amendment) Act, No. 8 of 2009
and the substitution of the following subsection
therefor:—
“(2) The possession by a dealer or a manufacturer
of an unregistered motor vehicle for the purposes
of sale shall be deemed not to be a contravention of
subsection (1) so long as the vehicle remains unsold
and is not used on any road except under the
authority of a dealer’s licence or manufacturer’s
licence as the case may be, issued under Part III and
is identified by a distinctive number assigned for
that purpose by the Commissioner-General.”.
(2) by the repeal of subsection (5) of that section and
the substitution therefor of the following
subsection:—
“(5) The use of a motor vehicle which upon
importation into Sri Lanka is used on a road only
for the purpose of and in the course of removal from
the Customs premises or for the purpose of
installing any equipment or which is being driven
to or from any place specified by the Commissioner-
General for the purpose of testing or registration,
shall be deemed not to be a contravention of
subsection (1), provided it is used under the
authority of a dealer’s licence or temporary permit
issued for the purposes of this subsection by the
Commissioner-General valid for a period of seven
days.”;
(3) by the repeal of subsection (6) thereof ;
(4) by the addition immediately after subsection (9)
thereof of the following subsection which shall have
effect as subsection (10 ) thereof:—
“(10) A person who contravenes the provisions
of subsections (1) or (5) of this section shall be
guilty of an offence and shall on conviction be liable
to a fine not less than two thousand five hundred
rupees and not exceeding five thousand rupees and
Motor Traffic (Amendment) Act, No. 8 of 2009 3
on a second conviction to a fine not less than five
thousand rupees and not exceeding ten thousand
rupees and on a third or subsequent conviction to a
fine not less than ten thousand rupees and not
exceeding fifteen thousand rupees.”.
5. The following new section is hereby inserted Insertion of new
immediately after section 2 of the principal enactment and section 2A in the
principal
shall have effect as section 2A of that enactment :— enactment.
“Motor 2A. (1) No person shall knowingly use a
vehicle motor vehicle –
fabricated
unlawfully
&,.. not to (a) that has been manufactured, assembled,
be used. fabricated, innovated, adapted, modified,
or the construction of which has been
changed illegally or otherwise than in
conformity with the prototype approved
by the Commissioner-General;
(b) that has been assembled otherwise than
with branded new parts or without the
permission of the manufacturer of those
parts ;
(c) that is mechanically defective ;
(d) that fails to comply with prescribed
standards of safety ;
(e) that is stolen ;
(f) that has a false identity ;
(g) the chassis number of which has been
tampered with ; or
(h) which has been manufactured, assembled,
fabricated, adapted, modified, or the
4 Motor Traffic (Amendment) Act, No. 8 of 2009
construction of which has been changed
in any manner, without the prior written
approval of the Commissioner-General.
(2) A person who contravenes the
provisions of section 2A shall be guilty of an
offence and shall on conviction be liable to a
fine not less than fifty thousand rupees and not
exceeding one hundred thousand rupees or to
imprisonment of either description for a term
of one month or to both such fine and
imprisonment and on a second conviction to a
fine not less than one hundred thousand rupees
and not exceeding two hundred thousand
rupees or to imprisonment for a term of two
months or to both such fine and imprisonment
and on a third or subsequent conviction to a
fine not less than two hundred thousand rupees
and not exceeding three hundred thousand
rupees or to imprisonment for a term of six
months or to both such fine and imprisonment
and confiscation of the vehicle.”.
Amendment of 6. Section 3 of the principal enactment is hereby
section 3 of the amended as follows:—
principal
enactment.
(1) by the repeal of subsection (1) thereof and the
substitution therefor the following subsection:—
“(1) No motor vehicle shall be registered unless
that vehicle conforms to the provisions of this Act
and regulations made hereunder in regard to the
construction, weight, dimensions and equipment
of motor vehicles of the class or description to which
that vehicle belongs.”;
(2) in subsection (2) thereof by the substitution for the
words “exceeds two and a half metric tons” of the
words “exceeds four thousand five hundred
kilograms ; and
Motor Traffic (Amendment) Act, No. 8 of 2009 5
(3) by the addition immediately after subsection (1)
thereof of the following subsections which shall
have effect as subsections (2), (3), (4) and (5)
thereof:—
“(2) The Commissioner-General shall not register
any motor vehicle —
(a) if he has reason to believe —
(i) that it has been manufactured, assembled,
fabricated, innovated, adapted, modified,
or its construction changed, illegally or
otherwise than in conformity with the
prototype approved by the
Commissioner-General ;
(ii) that it has been assembled otherwise than
with branded new parts or without the
permission of the manufacturer of those
parts;
(iii) that it is mechanically defective;
(iv) that it fails to comply with prescribed
standards of safety;
(v) that it is stolen ;
(vi) that the identity of the vehicle is false or
in doubt;
(vii) that the chassis number has been
tampered with;
(viii) that the applicant for registration of the
vehicle has failed to furnish particulars
of a previous registration, if any;
(ix) that the applicant has furnished inaccurate
particulars in the application for
registration of the vehicle; or
6 Motor Traffic (Amendment) Act, No. 8 of 2009
(x) that the vehicle has been imported with
forged documents or that the application
for registration contains a forged
signature or is accompanied by forged
documents;
(b) where the motor vehicle comprises features
which—
(i) are not in accordance with the particulars
contained in the application;
(ii) are not in his opinion roadworthy or are by
reason of its design, construction or any
condition thereof or any equipment thereof
are not in compliance with the provisions of
this Act;
(iii) require the prior written approval of the
Commissioner-General for the import thereof
and has been imported without obtaining
such approval;
(iv) have been manufactured, assembled,
fabricated, adapted, modified or the
construction of which has been changed in
any manner, without the prior written
approval of the Commissioner-General.
(3) The decision of the Commissioner-General
not to register a motor vehicle by reason of his
findings under paragraphs (a) or (b) shall be final.
(4) No person under the age of eighteen years
shall be registered as the owner of a motor vehicle:
Provided however, that a person under the age
of eighteen years may be registered as the beneficial
Motor Traffic (Amendment) Act, No. 8 of 2009 7
owner of a motor vehicle in which event the parent
or guardian of such person shall be registered as the
owner thereof.
(5) Any person who submits an application for
registration, which contains a forged signature or is
accompanied by forged documents shall be guilty
of an offence and shall on conviction be liable to a
fine not less than ten thousand rupees and not
exceeding fifteen thousand rupees. ”.
7. Section 4 of the principal enactment is hereby Amendment of
amended in paragraph (a) of subsection (1) thereof, by the section 4 of the
principal
substitution for the words “a passenger service permit”, of
enactment.
the words, “the holder of a passenger service permit.”
8. Section 5 of the principal enactment is hereby Amendment of
amended in subsection (2) of that section by the repeal of section 5 of the
principale
paragraph (a) thereof, and the substitution therefor of the
enactment.
following paragraph :—
“(a) which is a motor cycle, light motor cycle, motor
car, dual purpose vehicle, motor tricycle, motor
tricycle van, motor lorry, light motor lorry, heavy
motor lorry, motor coach, light motor coach, heavy
motor coach, land vehicle, hand tractor, special
purpose vehicle, motor ambulance, motor hearse or
invalid carriage as the case may be shall be
registered as such ;”.
9. Section 10 of the principal enactment is hereby Amendment of
amended as follows :— section 10 of the
principal
enactment.
(1) by the repeal of subsection (2) of that section and
the substitution therefor of the following
subsection:—
“(2) The registered owner of a motor vehicle
shall –
(a) forthwith inform the Commissioner General
in the specified form, of any circumstance or
8 Motor Traffic (Amendment) Act, No. 8 of 2009
event which affects the accuracy of any entry
in the registers relating to the motor vehicle
and shall at the same time forward or deliver
to the Commissioner-General the Certificate
of Registration of such motor vehicle
accompanied by the prescribed fee ; and
(b) where he intends to effect such alteration in a
motor vehicle as will change the class, overall
measurements, external appearance , wheel
base or seating capacity as specified in the
Certificate of Registration, obtain the prior
approval of the Commissioner-General to
effect such changes.”;
(2) by the addition, immediately after subsection (2)
of that section, of the following subsections which
shall have effect as subsections (3) and (4)
thereof:—
“(3) The registered owner of a motor vehicle
shall forthwith inform the Commissioner-General
in the specified form of any circumstance or event
which affects the accuracy of any entry in the
registers relating to himself and shall at the same
time forward or deliver to the Commissioner-General
the Certificate of Registration of the motor vehicle
accompanied by the prescribed fee.
(4) The registered owner of a motor vehicle who
contravenes or fails to comply with any of the
provisions of the preceding subsections shall be
guilty of an offence and shall, on conviction be
liable to a fine not less than ten thousand rupees
and not exceeding twenty thousand rupees.”.
Motor Traffic (Amendment) Act, No. 8 of 2009 9
10. The following new section is hereby inserted Insertion of new
section 11A in
immediately after section 11 of the principal enactment and
the principal
shall have effect as section 11 A of that enactment:— enactment.
“Transfer to 11A. Where the registered owner of a motor
be on vehicle wishes to transfer such vehicle he shall
specified do so substantially in the prescribed Forms, A,
forms.
A1, B, B1, C and C1.”.
11. Section 12 of the principal enactment is hereby Amendment of
amended as follows :— section 12 of the
principal
enactment.
(1) by the repeal of subsections (2) and (3) of that
section and the substitution therefor of the
following subsections :—
“(2) On the change of possession of a motor
vehicle upon a voluntary transfer made by the
registered owner —
(a) the registered owner shall, within fourteen
days after such change of possession —
(i) transmit direct to the Commissioner
General either by registered post or
personal delivery, the duly perfected
prescribed Form A ; and
(ii) shall deliver to the new owner the duly
perfected prescribed Forms B, B1, C
and C1, the Certificate of Registration
relating to the motor vehicle or a
duplicate thereof, and the revenue
licence of that motor vehicle, and shall
retain the duly perfected prescribed
Form A1 as proof of change of
possession ;
(b) such motor vehicle shall not be used at any
time after fourteen days of such change of
10 Motor Traffic (Amendment) Act, No. 8 of 2009
possession unless the new owner has applied
for registration as the new owner thereof :
Provided that this subsection shall not apply in
any case where the change of possession of a motor
vehicle is consequent on a contract of hiring where
the period of hiring does not exceed three months.
(3) (a) A registered owner who fails to inform
the Commissioner-General of the change of
possession within fourteen days shall be guilty of
an offence and shall on conviction be liable to a
fine not less than three thousand rupees and not
exceeding six thousand rupees.
(b) The new owner of a motor vehicle who fails
to apply within fourteen days after change of
possession to be registered as the new owner shall
be guilty of an offence and shall on conviction be
liable to a fine not less than one hundred rupees for
each day after the fourteenth day up to the forty
fourth day of such failure.
(c) The new owner of a motor vehicle who fails
to apply within forty four days after change of
possession to be registered as the new owner shall
be guilty of an offence and shall on conviction be
liable to a fine not less than five thousand rupees
and not exceeding ten thousand rupees.
(d) A registered owner or a new owner who
submits any document which is forged or which
contains a forged signature shall be guilty of an
offence and shall on conviction be liable to a fine
not less than ten thousand rupees, and not
exceeding fifteen thousand rupees.
(e) A police officer may detain a motor vehicle,
the possession of which has changed and which is
in use on a road for such period as may reasonably
Motor Traffic (Amendment) Act, No. 8 of 2009 11
be necessary for the purpose of verification of
ownership and shall release it to the new owner—
(i) on confirmation by the Commissioner-
General that such vehicle has been
registered in the name of the new owner
thereof; and
(ii) on production of the Certificate of
Registration thereof.”;
(2) in subsection (4) of that section—
(a) by the substitution in paragraph (a) thereof,
for the words “within seven days” of the
words, “within fourteen days” ;
(b) by the substitution in paragraph (b) thereof
for the words “within fourteen days”, of the
words “within sixteen days”;
(c) by the repeal of paragraph (e) of that
subsection and the substitution therefor of
the following paragraph :—
“(e) the provisions of subsection (2)(b) shall
apply to that motor vehicle in like
manner as they would apply, if there
was a change of possession of that
vehicle consequent upon a voluntary
transfer made by the registered owner.”.
12. Section 13 of the principal enactment is hereby Amendment of
section 13 of the
amended as follows :—
principal
(1) by the repeal of subsection (1) of that section and enactment.
the substitution therefor of the following
subsection:—
“(1) Every application for the registration of a
new owner upon any change of possession of any
motor vehicle shall—
(a) be made to the Commissioner General
substantially in the prescribed Forms Band C;
12 Motor Traffic (Amendment) Act, No. 8 of 2009
(b) shall set out all particulars relating to that
motor vehicle in respect of such of the matters
specified in that form as may be applicable
to that motor vehicle ;
and a receipt of acceptance shall be obtained from
the Commissioner General.”;
(2) by the renumbering of subsection (2) of that section
as subsection (3) thereof ;
(3) by the insertion immediately after subsection (1) of
that section of the following subsection which shall
have effect as subsection (2) thereof :—
“(2) (a) The new owner shall retain the duly
completed prescribed Forms B1 and C1 .”.
Amendment 13. Section 18 of the principal enactment is hereby
of section 18 amended as follows :—
of the
principal
enactment. (1) by the re-numbering of that section as subsection
(1) thereof ;
(2) in the re-numbered subsection (1) of that section
by the substitution for all the words from “the
Commissioner” to the end of that section, of the
words “the owner shall report such fact to the
Commissioner-General within fourteen days and
shall also forward the Certificate of Registration to
him and the Commissioner-General shall cancel
the registration of such motor vehicle ;
(3) by the repeal of the proviso to subsection(1) ;
(4) by the insertion, immediately after subsection (1)
of that section, of the following subsections which
Motor Traffic (Amendment) Act, No. 8 of 2009 13
shall have effect as subsections (2), (3), (4), (5) (6)
and (7) thereof :—
“(2) The Commissioner-General may for reasons
to be recorded, of his own motion, cancel the
registration of a motor vehicle,—
(a) if he has reason to believe—
(i) that it has been manufactured,
assembled, fabricated, innovated,
adapted, modified, or its construction
changed, illegally or otherwise than in
conformity with the prototype
approved by the Commissioner-
General ;
(ii) that it has been assembled otherwise
than with branded new parts or without
the permission of the manufacturer of
those parts;
(iii) that it is mechanically defective;
(iv) that it fails to comply with prescribed
standards of safety;
(v) that it is stolen ;
(vi) that the identity of the vehicle is false;
(vii) that the chassis number has been
tampered with;
(viii) that the applicant for registration of the
vehicle has failed to furnish particulars
of a previous registration if any;
(ix) that the applicant has furnished
inaccurate particulars in the application
for registration of the vehicle; or
14 Motor Traffic (Amendment) Act, No. 8 of 2009
(x) that the vehicle has been imported with
forged documents or that the
application for registration contains a
forged signature or is accompanied by
forged documents;
(b) where the motor vehicle comprises features
which—
(i) are not in accordance with the
particulars contained in the
application;
(ii) are not in his opinion roadworthy or
which by reason of its design,
construction or any condition thereof
or any equipment thereof, are not in
compliance with the provisions of this
Act;
(iii) require the prior written approval of
the Commissioner-General for the
import thereof and has been imported
without obtaining such approval;
(iv) have been manufactured, assembled,
fabricated, adapted, modified or the
construction of which has been
changed in any manner, without the
prior written approval of the
Commissioner-General;
(v) the registered owner thereof is dead,
or cannot be found or that such vehicle
has ceased to be a motor vehicle ; or
(c) the registration of such motor vehicle has
been obtained on the basis of documents
which were , or by representation of facts
which was, false in any material particular,
Motor Traffic (Amendment) Act, No. 8 of 2009 15
or the engine number or the chassis number
embossed thereon are different from such
number entered in the Certificate of
Registration,
after giving the owner an opportunity to make
such representation as he may wish to make (by
sending to the owner a notice by registered post to
his address entered in the Certificate of
Registration).
(3) The Commissioner – General shall, on
receiving evidence or information to the effect that
a motor vehicle has not been issued a revenue
license for two consecutive years and has not been
issued a Certificate of Non-user issued by the
Licensing Authority for that period, forthwith
require the registered owner to produce a valid
revenue license or such Certificate of Non-user
issued by the Licensing Authority and surrender
the Certificate of Registration within a period of
one month. If the owner fails to produce the
revenue license or such Certificate of Non-user
referred to in this section, the Commissioner –
General shall cancel the registration of such motor
vehicle.
(4) The Commissioner – General may order the
examination of any vehicle, and if upon such
examination and after giving the owner an
opportunity to make any representation he may
wish to make (by sending to the owner a notice by
registered post to his address entered in the
Certificate of Registration) he is satisfied that the
vehicle is in such a condition that it is incapable of
being used or its use in a public place would
constitute a danger to the public and that it is
beyond reasonable repair, he shall order that the
vehicle be written off and shall cancel the
registration of such motor vehicle.
16 Motor Traffic (Amendment) Act, No. 8 of 2009
(5) If a motor vehicle is declared unroadworthy
consequent to an accident or other circumstance
the Commissioner- General shall suspend the
registration of such motor vehicle:
Provided however, that if on application made
thereafter by the registered owner, in a prescribed
form together with the prescribed fee, the
Commissioner – General is satisfied that the vehicle
has been made roadworthy and that it complies with
the provisions of this Act and regulations made
thereunder, he may remove the suspension.
(6) Where the registration of a motor vehicle
has been cancelled under paragraph (b) of
subsection (2) or where the identity of the vehicle
or the identity of the owner of such vehicle is in
question, such vehicle may be considered for re-
registration under this Part, provided that—
(a) the owner complies with the provisions of this
Act and regulations made thereunder ; and
(b) the vehicle is inspected by an officer
authorized for the purpose by the
Commissioner-General, and an endorsement
to the effect that the owner has complied with
the provisions of this Act is made on the
Certificate of Registration.
(7) Upon the cancellation of the registration of
a motor vehicle, the registered owner shall cease to
use such vehicle and shall return the identification
plate to the Commissioner – General within seven
days from the date of being notified of such
cancellation.
(8) (a) The Commissioner – General shall
maintain a register of written off vehicles in
accordance with the prescribed procedure, wherein
Motor Traffic (Amendment) Act, No. 8 of 2009 17
information regarding motor vehicles that are
written off, is entered. Such register shall be made
available for inspection by the public during office
hours.
(b) Entries in the register of written off vehicles
may be made, amended and removed only in
accordance with regulations made hereunder.
(9) For the purposes of subsections (7) and (8) a
motor vehicle shall be written off only if, –
(a) the vehicle has been damaged by collision,
fire, flood, accident, trespass or other event
or circumstances ; and
(b) the insurer of the vehicle or, if there is no
insurer, the registered owner of the vehicle
makes a determination that the extent of the
damage is such that the vehicle’s fair salvage
value plus the cost of repairing it for use on
a road or road related area would be more
than its fair market value immediately before
the event or circumstances that caused the
damage.
(10) An insurer of a vehicle referred to in sub-
section (a) is taken to have made a determination
under paragraph (b) of subsection (9) if the insurer—
(a) allows a claim for the full insured value of
the vehicle ; or
(b) disposes of the vehicle to a third party.
(11) A registered owner of a vehicle referred to
in subsection (9) (b) is taken to have made a
determination under that section if the registered
owner disposes of the vehicle to a motor wrecker.
18 Motor Traffic (Amendment) Act, No. 8 of 2009
(12) The Commissioner General shall ensure
that a person who notifies the Commissioner General
of a written-off vehicle, or who applies for an entry
on the register of written-off vehicles to be amended
or removed, is informed at the time of notification
or application (as the case requires) that any
information given or document submitted in
connection with the notification or application, or
a copy of such document, may be disclosed or used
for investigation, law enforcement and allied
purposes.
(13) The Minister may make regulations
regarding the disposal of written off vehicles, and
the records to be kept in that regard.
(14) Any person who contravenes any provision
of this section shall on conviction be liable to a
fine not less than ten thousand rupees and not
exceeding twenty thousand rupees and on a second
or subsequent conviction to a fine not less than
twenty thousand rupees and not exceeding thirty
thousand rupees.”.
Insertion of new 14. The following new section is hereby inserted
section 18B in immediately after section 18A in the principal enactment
the principal
and shall have effect as section 18B of that enactment:—
enactment.
“Penalty for 18B. Any person who —
fraudulently
using or
(a) fraudulently uses or allows any other
mutilating
etc. of person to use ; or
certificate of
registration. (b) imitates, alters, mutilates, defaces, or
destroys a Certificate of Registration of a
motor vehicle, shall be guilty of an
offence and shall on conviction be liable
to a fine not less than fifteen thousand
rupees and not exceeding twenty five
thousand rupees and on a second or
Motor Traffic (Amendment) Act, No. 8 of 2009 19
subsequent conviction to a fine not less
than thirty thousand rupees and not
exceeding fifty thousand rupees or to
imprisonment for a term not exceeding
three months or to both such fine and
imprisonment.”.
15. Section 19 of the principal enactment is hereby Amendment of
amended as follows :— section 19 of the
principal
enactment.
(1) by the re-numbering of subsections (2) and (3) of
that section as subsections (3) and (4) thereof;
(2) by the insertion immediately after subsection (1) of
that section of the following subsection which shall
have effect as subsection (2) thereof:—
“(2) In particular and without prejudice to the
generality of the foregoing provisions, the Minister
may make regulations –
(a) to regulate the width, height, wheel base,
length and overhang of vehicles and trailers
and the load carried thereon, the diameter of
wheels and the width, nature and condition
of tyres of such vehicles and trailers and to
prohibit the use of any tyres likely to cause
damage to the roads ;
(b) to prohibit excessive noise from warning
devices, noise emitted from engine exhaust
and noise due to the design or condition of
the motor vehicle or the loading thereof ;
(c) to regulate the maximum unladen and laden
weight of vehicles and trailers and the
maximum axle load to be transmitted to the
road or any specified area thereof by a motor
vehicle of any class or description or by any
20 Motor Traffic (Amendment) Act, No. 8 of 2009
part or parts of such a vehicle in contact with
the road and the conditions under which such
weights may be required to be tested ;
(d) to prescribe the particulars to be marked on
vehicles and trailers ;
(e) to specify the number and nature of springs
and brakes on vehicles and trailers and to
ensure that springs, brakes, silencers,
emission, light, weight and steering gear shall
be efficient and kept in proper working order
and for empowering any person or classes of
persons designated, named or described in
such regulations to test and inspect any such
springs, brakes, silencers, emission, light,
weight and steering gear on a road or, subject
to the consent of the occupier of any premises,
on any such premises;
(f) to regulate the appliances to be fitted for
signalling the approach of a vehicle or
enabling the driver of a motor vehicle to
become aware of the approach of another
vehicle from the rear or for intimating any
intended change of speed or direction of a
motor vehicle and to regulate or to prohibit
the use of any such appliances and to ensure
that they shall be kept efficient and in proper
working order ;
(g) to regulate the lights to be installed in
vehicles and trailers whether in respect of the
nature of such lights, the positions in which
they shall be fixed and the periods during
which they shall be kept lighted or otherwise;
(h) to prescribe the safety equipment to be
installed in vehicles ;
Motor Traffic (Amendment) Act, No. 8 of 2009 21
(i) to control, in connection with the use of a
motor vehicle, the emission of smoke, oily
substance, ashes, water, steam, visible vapour,
noxious fumes, sparks, cinders, gas or grit ;
(l) to regulate the towing or drawing of motor
vehicles by motor vehicles and the manner
of attachments used therefor ;
(k) to prohibit in connection with the use of a
motor vehicle the use of any appliances or
the commission of any act which is likely to
cause annoyance or danger to other users of
the road or its vicinity ;
(l) to regulate the number of trailers that may be
attached in train to any motor vehicle, the
manner of attachment and the manner in
which trailers shall be kept under control and
the maximum weight thereof ;
(m) to prescribe the number of persons to be
employed in driving or attending to motor
vehicles or trailers and to regulate the duties
and conduct of such persons ;
(n) to prescribe a maximum speed for motor
vehicles of any class or description and to
provide for exemption in special cases ; and
prescribe the procedure of ascertaining the
speed by the use of radar detectors and laser
speed guns and photographic detection
devices ;
For the purposes of this paragraph different
speeds may be prescribed as the maximum
speed of a motor vehicle or class of motor
vehicles in respect of a road or part of a road
or a road in any area;
22 Motor Traffic (Amendment) Act, No. 8 of 2009
(o) to regulate or prohibit either generally or in
specified areas or roads and either at all times
or between specified hours, the use of horns
or other warning appliances, and different
rules may be made in respect of different
classes or description of motor vehicles or in
respect of the same class or description of
vehicles in different circumstances ;
(p) to prescribe the degree of transmission of
light into a motor vehicle and the procedure
for determining the intensity of light
penetration ;
(q) to specify the standards of emission of air
pollutants ;
(r) to regulate the installation of catalytic
converters in any prescribed class of vehicles;
(s) to regulate the transport of chemicals, gas or
other dangerous goods ;
(t) to prohibit any class or classes or types of
motor vehicles using the expressway or any
road ; and
(u) to prescribe procedures for de-registering of
motor vehicles (cancellation from the
register) and the fees to be charged therefor.”.
Insertion of 16. The following new sections are hereby inserted
new sections immediately after section 19 of the principal enactment and
19A, 19B and
shall have effect as sections 19A, 19B and 19C of that
19C in the
principal enactment:—
enactment.
“No person to 19A. (1) No person shall fabricate,
fabricate, manufacture, assemble, innovate, adapt,
manufacture modify or change the construction of a motor
& c., motor
vehicle vehicle in Sri Lanka except with the prior
except with written approval of the Commissioner-General.
permission of
Commissioner-
General.
Motor Traffic (Amendment) Act, No. 8 of 2009 23
(2) The Commissioner – General may upon
application made in the prescribed Form and
on payment of the prescribed fee, grant approval
to such applicant to manufacture, assemble,
fabricate, innovate, adapt, modify or change
the construction of a motor vehicle as the case
may be, subject to compliance by the applicant
with terms and conditions which the
Commissioner-General may specify by notice
in writing, prior to the grant of such approval.
(3) Terms and conditions specified by notice
under subsection (2), may include a
requirement that the applicant’s facility for
manufacturing, assembling, fabricating,
innovating, adapting, modifying or changing
the construction of a motor vehicle as the case
may be shall conform to specifications set out
in such notice.
(4) The Commissioner-General shall refuse
to grant the written approval referred to in
subsection (1), where he is satisfied that the
applicant has not complied with any term or
condition specified under subsection(2).
Written notice of such refusal shall be given to
the applicant.
(5) Any person aggrieved by the refusal of
the Commissioner-General to grant written
approval under this section may, within
fourteen days of the receipt of the written notice
of such refusal, appeal in writing to the Motor
Traffic Appeals Tribunal constituted under
section 213AA, whose decision thereon shall
be final.
(6) The Commissioner-General may, by
notice in writing, require a manufacturer,
assembler, fabricator, innovator, adaptor,
24 Motor Traffic (Amendment) Act, No. 8 of 2009
modifier or person engaged in the business of
changing the construction of a motor vehicle,
to effect such additions, improvements, or
modifications as he may specify in such notice,
to an existing facility for manufacturing,
assembling, fabricating, innovating, adapting,
modifying or changing the construction of a
motor vehicle.
(7) The Commissioner-General shall cancel
a written approval granted under subsection
(2) where he is satisfied that the manufacturer,
assembler, fabricator, innovator, adaptor,
modifier or person engaged in the business of
changing the construction of a motor vehicle—
(a) has failed to comply with the
requirements of a notice sent to him under
subsection (6) ; or
(b) (i) has carried on the business of
manufacturing, assembling,
fabricating, innovating, adapting,
modifying or changing the
construction of a motor vehicle in an
improper or unsatisfactory manner ;
(ii) has failed to comply with any of the
terms and conditions subject to which
such written approval was granted ;
or
(iii) has been convicted of an offence under
this Part or has contravened the
provisions of any regulation made
thereunder.
(8) The Commissioner – General shall
before cancelling any written approval under
Motor Traffic (Amendment) Act, No. 8 of 2009 25
subsection (7), give notice in writing of his
intention to do so, specifying a date, not less
than fourteen days from the date of the notice,
upon which such cancellation shall be made
and calling upon such manufacturer, fabricator,
assembler, innovator, adaptor, modifier or
person changing the construction of a motor
vehicle to show cause to the Commissioner-
General as to why such written approval should
not be cancelled.
(9) Where the Commissioner-General has
cancelled any written approval granted to a
person under the provisions of subsection (7),
he shall forthwith inform such person of such
cancellation by notice in writing.
(10) Any person aggrieved by the decision
of the Commissioner General under subsection
(7) may, within fourteen days of the receipt of
the notice referred to in subsection (9), appeal
in writing against such cancellation to the
Motor Traffic Appeals Tribunal established
under section 213AA, whose decision thereon
shall be final.
(11) An order of cancellation shall not take
effect until the expiration of a period of fourteen
days from the date of receipt of the notice of
cancellation under subsection (9).
(12) If within that period, the person
aggrieved by such cancellation appeals to the
Motor Traffic Appeals Tribunal established
under section 213AA the order shall not take
effect until such Tribunal confirms such order
of cancellation or the appeal is dismissed.
26 Motor Traffic (Amendment) Act, No. 8 of 2009
(13) Where an order of cancellation becomes
effective under subsections (7) or (11), the
manufacturer, assembler, fabricator, innovator,
adaptor, modifier or person changing the
construction of a motor vehicle shall as from
the date when such order becomes effective,
cease to carry on the business of manufacturing,
assembling, fabricating, innovating, adapting,
modifying or changing the construction of a
motor vehicle as the case may be.
(14) Where written approval has been
granted to a manufacturer, assembler, fabricator,
innovator, adaptor, modifier, or person
changing the construction of a motor vehicle,
for the carrying on of business in such capacity,
and an order of cancellation has been made in
respect of any such category of persons, such
person shall, within seven days of the making
of such order of cancellation, surrender to the
Commissioner – General –
(a) the letter of written approval issued to
such person; and
(b) the Certificate of Registration issued to
him as a manufacturer, assembler,
fabricator, innovator, adapter, modifier or
construction changer, as the case may be,
(15) A manufacturer, assembler, fabricator,
innovator, adapter, modifier, or person engaged
in the business of changing the construction of
a motor vehicle, the written approval for whose
business has been cancelled under this section,
may on satisfying the Commissioner – General
that he has, since such cancellation—
(a) complied with the requirements of a notice
sent to him under subsection (6);
Motor Traffic (Amendment) Act, No. 8 of 2009 27
(b) complied with the terms and conditions
subject to which such written approval
was previously granted ; and
(c) is carrying on such business in a proper
and satisfactory manner,
re-apply to the Commissioner-General-
(i) for the grant of written approval for
his business ; and
(ii) for the issue of a Certificate of
Registration as a manufacturer,
assembler, fabricator, innovator,
adapter, modifier or construction
changer as the case may be.
(16) Any person aggrieved by the refusal
of the Commissioner-General to re-issue written
approval or issue or renew the Certificate of
Registration issued to such person as a
manufacturer, assembler, fabricator, innovator,
adapter, modifier or construction changer as
the case may be, may within fourteen days of
the receipt of the written notice of refusal,
appeal in writing to the Secretary of the Ministry
of the Minister, whose decision thereon shall
be final.
(17) A person who contravenes the
provisions of subsections (1), (13) or (14) shall
be guilty of an offence and shall on conviction
be liable to a fine not less than fifty thousand
rupees and not exceeding one hundred
thousand rupees and to the confiscation of such
motor vehicle.
28 Motor Traffic (Amendment) Act, No. 8 of 2009
(18) The Minister may make regulations in
respect of the procedure for the issue of a
Certificate of Registration as a manufacturer,
assembler, fabricator, innovator, adapter,
modifier or construction changer as the case
my be, including the conditions to be attached
to such Certificate and the conduct of such
certificate holders.
Prohibition 19B. (1) No person shall assemble a motor
on assembly vehicle except –
of motor
vehicles
(a) with branded new parts ; and
except
withbranded
newparts. (b) with the prior written permission of the
manufacturer of such parts.
(2) Any person who assembles a motor
vehicle otherwise than in accordance with the
provisions of subsection (1), shall be guilty of
an offence and shall on conviction be liable to
a fine not less than fifty thousand rupees and
not exceeding one hundred thousand rupees.
Prohibition 19C. (1) No person shall import a motor
on vehicle into Sri Lanka—
importation
of certain
vehicles. (a) which is not in conformity with the
prototype approved by the
Commissioner-General; and
(b) except under the authority of a permit
issued in that behalf by the
Commissioner-General.
(2) A person who contravenes the provisions
of subsection (1) shall be guilty of an offence
and shall on conviction be liable to a fine not
less than three hundred thousand rupees and
not exceeding five hundred thousand rupees.”.
Motor Traffic (Amendment) Act, No. 8 of 2009 29
17. The following new section is hereby inserted Insertion of new
section 24A in
immediately after section 24 of the principal enactment and
the principal
shall have effect as section 24A of that enactment :— enactment.
“Penalty for 24A. A person who —
contravention
of sections
21, 22, 23 (a) contravenes the provisions of sections 21,
and 24. 22, 23 and 24 of this Act ; or
(b) (i) fraudulently uses or allows any other
person to use any identification plate,
or
(ii) imitates, alters, mutilates, defaces or
destroys any identification plate,
shall be guilty of an offence and shall on
conviction be liable to a fine not less than fifteen
thousand rupees and not exceeding twenty five
thousand rupees and on a second or subsequent
conviction to a fine not less than thirty
thousand rupees and not exceeding fifty
thousand rupees or to imprisonment for a term
not exceeding three months or to both such
fine and imprisonment.”.
18. Section 29 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefor:— section 29 of the
principal
enactment.
“Revenue 29. (1) (a) No revenue license for a motor
licences for lorry, light motor lorry, heavy motor lorry,
motor
vehicles. motor coach, light motor coach, heavy motor
coach, motor hearse or motor ambulance shall
be issued by any licensing authority unless a
Certificate of Fitness and an Emission
Certificate issued in respect thereof under
section 196, is produced.
30 Motor Traffic (Amendment) Act, No. 8 of 2009
(b) No revenue license for a motor cycle,
light motor cycle, motor car, dual purpose
vehicle, motor tricycle, motor tricycle van, land
vehicle, hand tractor or special purpose vehicle
shall be issued by any licensing authority
unless an Emission Certificate issued in respect
thereof under section 196, is produced.
(2) The Minister may make regulations—
(a) providing for the amalgamation of the
Certificate of Fitness and Emission
Certificate if so required;
(b) identifying new classes of vehicles in
respect of which either the Certificate
of Fitness or the Emission Certificate
may be required.”.
Replacement 19. Section 44 of the principal enactment is hereby
of section 44 repealed and the following section substituted therefor :—
of the
principal
enactment. “Visitor’s 44. (1) The Commissioner-General, may if
temporary he is satisfied upon application made in the
licence .
prescribed form and accompanied by the
prescribed fee and documents relating to the
importation of a motor vehicle, that such
motor vehicle has been imported into Sri
Lanka—
(a) for participation in a motor sports meet
approved by the Minister in charge of
the subjects of sports; or
(b) for the purpose of being used by the
owner of that vehicle during a visit to Sri
Lanka ,
notwithstanding that no person has been
registered as the owner of that vehicle, issue to
Motor Traffic (Amendment) Act, No. 8 of 2009 31
the owner a visitor’s temporary licence in the
prescribed form, authorizing the possession
and use of the motor vehicle for a period not
exceeding twelve months from the date of
importation.
(2) The powers conferred on the
Commissioner General by subsection (1) may
in the case of motor vehicles imported through
any Port in Sri Lanka, be exercised by the
Government Agent or Divisional Secretary of
the Administrative District within which the
Port is situated or by the Superintendent of
Customs of that Port.
(3) Every application made to, and a copy
of every visitor’s temporary licence issued by,
any officer under subsection (2) shall be
forwarded to the Commissioner-General within
fourteen days from the date of issue.
(4) Every visitor’s temporary licence shall
specify the make, model, chassis number,
engine number and colour of the motor vehicle
and the details of distinctive plates issued under
subsection (5).
(5) The Commissioner-General shall issue
to such owner two plates bearing a distinctive
number or numbers assigned for the purposes
of this section.
(6) Such plates shall be displayed as
prescribed and shall be returned to the
Commissioner-General on the expiry of the
licence.
(7) The owner of the visitor’s temporary
licence shall de-register the temporary
registration of such vehicle prior to it’s
exportation.”.
32 Motor Traffic (Amendment) Act, No. 8 of 2009
Amendment of 20. Section 102 of the principal enactment is hereby
section 102 of
amended in subsection (5) of that section by the substitution
the principal
enactment. of that words “eighteen years”, of the words “seventeen
years”.
Amendment of 21. Section 106 of the principal enactment is hereby
section 106 of repealed and the following section substituted therefor:—
the principal
enactment.
“Liability of 106. (1) No sum shall be payable by an
insurer in insurer under the provisions of section 105 in
respect of
respect of any decree—
any decree.
(a) unless before or within seven days of the
commencement of the action the plaintiff
in the action in which such decree was
entered has given notice of such action
to such insurer; or
(b) so long as execution of such decree is
stayed pending appeal.
(2) Every notice given under subsection (1)
shall—
(a) specify the name of the court in which
such action is instituted;
(b) specify the number assigned to the
action;
(c) specify the names of, the parties to
the action;
(d) specify the number of the insurance
policy in respect of which the action
is instituted;
(e) specify the nature of the action ; and
Motor Traffic (Amendment) Act, No. 8 of 2009 33
(f) require the insurer to answer the plaint
before a date to be specified in such
notice.
(3) Every notice shall be accompanied by a
copy of the plaint filed in the action.
(4) An insurer to whom such notice is given
shall be made a party to such action and shall
be entitled to defend such action.”.
22. The following new section is hereby inserted Insertion of new
immediately after section 112 of the principal enactment section 112A of
the principal
and shall have effect as section 112A of that enactment:— enactment.
“Transfer of 112A. (1) Where a person in whose favour
Certificate of the Certificate of Insurance has been issued in
Insurance.
accordance with the provisions of this Chapter
transfers to another person the ownership of
the motor vehicle in respect of which such
insurance was taken together with the policy
of insurance relating thereto, the Certificate of
Insurance and the policy described in the
Certificate shall be deemed to have been
transferred in favour of the person to whom the
motor vehicle is transferred with effect from
the date of its transfer.
Explanation – For the removal of doubts, it
is hereby declared that such
deemed transfer shall include
the transfer of rights and
liabilities of the said
Certificate of Insurance and
policy of insurance.
(2) The transferee shall apply within forty-
four days from the date of transfer in the
prescribed Form to the insurer for making
34 Motor Traffic (Amendment) Act, No. 8 of 2009
necessary changes in regard to the fact of
transfer in the Certificate of Insurance and the
insurer shall make the necessary changes in
the Certificate and the policy of insurance in
regard to the transfer of insurance.”.
Replacement 23. Section 122 of the principal enactment is hereby
of section repealed and the following section substituted therefor :—
122 of the
principal
enactment. “Classification 122. (1) For the purposes of this Act, motor
of driving vehicles shall be divided into the classes
licences for
specified in Columns 1, 2 and 5 of the Schedule
motor
vehicles. to this section and a licence for the classes
specified in Columns 1, 2 and 5 shall be
deemed to authorize the holder thereof to drive
a motor vehicle of a class specified in Columns
1, 2, 3 and 5 as defined in I.S.O. Standard No.
I.S.O. / TEC/ FDIS-18013-1-2005(E) hereof.
(2) Notwithstanding the provisions of
subsection (1), the Minister may in exceptional
circumstances make regulations to the effect
that a driving licence other than a licence
specified in subsection (1) shall be deemed to
authorize the holder thereof to drive a motor
vehicle of a class specified in such regulations.

Motor Traffic (Amendment) Act, No. 8 of 2009 35
SCHEDULE
Column Column Column Column Column
1 2 3 4 5
Description New Validity Pictograph Present
classess other Class
classes
1 (i) Motor Cycles A A1, G1 D
Motorcycles of
which engine
capacity exceeds
100CC
(ii) Light Motor Cycles A1 G1 D
Motorcycle of
which engine
capacity does not
exceed 100CC
2 Dual purpose Motor B G1 C, C1
vehicle of which
Gross Vehicle
Weight does not
exceed 3500
kilograms and the
seating capacity
does not exceed 9
seats inclusive of
the driver’s seat,
which may be
combined with a
trailer of which
maximum
authorized tare does
not exceed 750
kilograms; motor
vehicles in this class
include an invalid
carriage. And all
cars where the
seating capacity
does not exceed 9
seats inclusive of
the Driver’s seat.
3 Motor Tricycle / B1 G1 E,F
Motor Tricycle van.
Motor tricycle or
van of which the
tare does not exceed

36 Motor Traffic (Amendment) Act, No. 8 of 2009
Column Column Column Column Column
1 2 3 4 5
Description New Validity Pictograph Present
classess other Class
classes
500 KG and Gross
vehicle weight does
not exceed 1000
kilograms; motor
vehicle in this class
include an invalid
carriage.
4 (i) Motor Lorry – C C1, G1 B
Motor Lorry of B, B1,
which Gross J, G
Vehicle Weight is
more than 17000
kilograms; may be
combined with a
trailer having a
maximum
authorized tare
which does not
exceed 750
kilograms
(ii) Light Motor Lorry- C 1 G, G1, B
Motor Lorry of B, B1
which Gross
Vehicle Weight
exceeds 3500 and
does not exceeds
17000 kilograms;
motor vehicles in
this class may be
combined with a
trailer having a
maximum
authorized tare
which does not
exceed 750
kilograms; motor
vehicles of this
class include a
motor ambulance
and motor hearse.

Motor Traffic (Amendment) Act, No. 8 of 2009 37
Column Column Column Column Column
1 2 3 4 5
Description New Validity Pictograph Present
classess other Class
classes
5 Heavy Motor Lorry CE C, C1, B
Combination of B,B1,
motor lorry and G, G1, J
trailer (s) including
Articulated Vehicles
and its trailer (s) of
which maximum
authorized tare of
the trailer exceeds
750 kilograms and
Gross vehicle
weight exceeds
3500 kilograms
6 (i) Motor Coach-Motor D D1, C, A
Coach where the C1, B,
seating capacity B1, G,
does not exceed 33 G1, J
seats inclusive of the
driver’s seat; motor
vehicles in this class
may be combined
with a trailer having
a maximum
authorized tare
which does not
exceed 750
kilograms.
(ii) Light Motor Coach- D1 C1, B, A1
Motor vehicles used B1, G,
for the carriage of G1
persons and having
a seating capacity of
not less than 9 seats
and not more than
33 seats inclusive of
the driver’s seat;
motor vehicles in
this class may be
combined with a
trailer having a

38 Motor Traffic (Amendment) Act, No. 8 of 2009
Column Column Column Column Column
1 2 3 4 5
Description New Validity Pictograph Present
classess other Class
classes
maximum
authorized tare
which does not
exceed 750
kilograms.
7 Heavy Motor DE D, D1,
Coach- CE, C,
Combination of C1, B, A
motor coach having B1, G,
a seating capacity of G1, J
33 seats inclusive of
the driver’s seat and
its trailer having a
maximum
authorized tare
exceeding 750
kilograms or a
combination of two
motor coaches
8 Land Vehicle- G G1 G,G1
Agricultural Land
Vehicle with or
without a Trailer
9 Hand Tractors-Two G1
Wheel Tractor with
a Trailer
10 Special purpose J G 1
Vehicle,Vehicle used
for construction,
loading &c,. B
excluding motor G
lorries, light motor
lorries and heavy
motor lorries,
equipped with
construction
equipment and
equipment for
loading and
unloading goods
Motor Traffic (Amendment) Act, No. 8 of 2009 39
24. The following new section is hereby inserted Insertion of new
immediately after section 122 of the principal enactment section 122A in
and shall have effect as section 122A thereof :— the principal
enactment.
“Classes of 122A. (1) For the purposes of this Act
driving driving licences or permits as the case may be
licences. shall—
(a) in the case of motor vehicles belonging
to the classes specified in items 1(i), 1(ii),
2, 3, and 8 of the Schedule to section
122, be of the following classes :—
(i) Learner’s Permit ; and
(ii) Regular Driving Licence for light
vehicles ;
(b) in the case of motor vehicles belonging
to the classes specified in items 4(i), 4(ii),
5, 6 (i), 6 (ii), 7, 9 and 10 of the Schedule
to section 122, be of the following
classes:—
(i) Learner’s Permit ;
(ii) Regular Driving Licence for heavy
vehicles.
(2) Every person who desires to obtain a driving licence
under this Act for classes specified in items 4(i), 4(ii), 5, 6(i),
6(ii), 7, 9 and 10 of the Schedule to section 122 (heavy
vehicles) shall at the time of applying therefor, possess a
Regular Driving Licence for motor vehicles of the classes
specified in items 2, 3 or 8 of such Schedule.”.
25. Section 123 of the principal enactment is hereby Amendment of
amended as follows :— section 123
of the principal
(1) in subsection (1) of that section, by the substitution enactment.
for the words “effective driving licence” wherever
those words appear in that section, of the words
“regular driving licence subject to a probation
period.”
40 Motor Traffic (Amendment) Act, No. 8 of 2009
(2) by the repeal of subsection (2) thereof and the
substitution therefor of the following subsection:—
“(2) (a) A person who does not hold a driving
licence and who wishes to learn or to be permitted
to drive a motor vehicle shall make application to
the Commissioner-General for a Learner’s Permit—
(i) in the prescribed form; and
(ii) accompanied by the prescribed levy and the
prescribed documents.
(b) The Commissioner-General shall conduct a
theory examination for the purpose of ascertaining
whether the applicant is competent to be granted a
Learner’s Permit and if such applicant is successful
at such examination, and satisfies the
Commissioner- General in regard to the
requirements specified in paragraph (c) of this
subsection, issue him with a Learner’s Permit.
(c) Every applicant for a Learner’s Permit shall
prove to the satisfaction of the Commissioner-
General—
(i) in the case of an application for a Learner’s
Permit to drive light vehicles that he has
completed the age of seventeen years; and in
the case of an application for a Learner’s
Permit to drive heavy vehicles that he has
completed the age of twenty years ; and
(ii) that he is physically fit to drive the class or
classes of vehicles in respect of which the
application is made.
(d) Every person who is successful at the theory
examination referred to in paragraph (b) shall—
(i) apply to the Commissioner-General in the
prescribed form accompanied by the
prescribed fee, for the ‘L’ plate which shall be
Motor Traffic (Amendment) Act, No. 8 of 2009 41
fixed and maintained on a motor vehicle in
accordance with the succeeding provisions
of this section ;
(ii) obtain an insurance cover in accordance with
the provisions of section 99.
(e) A holder of an ‘L’ plate shall not permit or
cause the owner or any other person in charge of a
motor vehicle who is not the holder of an ‘L’ plate
to use that plate for the purpose of learning:
Provided that—
(i) no person other than the holder of a
Learner’s Permit and the person
instructing him shall travel in such motor
vehicle; where the person so instructing
such learner is a registered driving
instructor, the maximum number of
learners carried in a motor vehicle
belonging to the class referred to in item2
of the Schedule to section 122 shall not
exceed three persons and in motor
vehicles of a class referred to in items 6(i),
6(ii) and 7 of the Schedule to section 122
shall not exceed six persons;
(ii) the holder of a Regular Driving Licence
which is valid for motor vehicles of that
class and who should be at least twenty
one years of age, shall accompany him
for the purpose of instructing him and
shall be seated at his side :
Provided however that the
requirements herein contained shall not
apply to motor cycles and tractors ; and
42 Motor Traffic (Amendment) Act, No. 8 of 2009
(iii) there is carried above each identification
plate fixed on the vehicle, in such manner
as not to obstruct any such identification
plate, a white board or plate bearing the
letter ‘L’ painted thereon in red the
dimensions of such letter being at least
twice the corresponding dimensions of
any letter forming part of the distinctive
number on the identification plate.
(f) The holder of a Learner’s Permit may on
completion of a period of three months from the
date of issue of such Learner’s Permit and if he has
satisfied the requirements set out in section 125,
apply to the Commissioner-General in the
prescribed Form accompanied by the prescribed levy
to convert his Learner’s Permit into a Regular
Driving Licence.
(g) Regulations may be made prescribing—
(i) any other requirement or condition for
the issue of a Learners’ Permit ; and
(ii) the shape, size, colour, details of display
and the procedure for the issue of ‘L’
plate.”.
(3) by the addition, immediately after subsection (2)
of that section of the following subsections which
shall have effect as subsections (3), (4) (5), (6) and
(7) thereof :—
“(3) (a) A Regular Driving Licence shall be
subject to a minimum probationary period of one
year from the date of issue and a maximum
probationary period of two years from the date of
issue.
Motor Traffic (Amendment) Act, No. 8 of 2009 43
(b) Where the holder of a Regular Driving
Licence has within the probationary period of one
year accumulated the prescribed number of driver
improvement points as would result in the
cancellation or suspension of his driving licence
under section 133A, or driver improvement points
over and above such prescribed number, the
Commissioner-General shall extend the period of
probation for a further period of one year.
(c) If the Commissioner-General is satisfied that
the holder of a Regular Driving Licence under
paragraph (b), has during the extended probationary
period of one year accumulated the prescribed
number of driver improvement points which would
result in the suspension or cancellation of a driving
licence under section 133A or driver imporvement
points over and above such prescribed number, he
shall forthwith cancel such probationary licence.
(4) (a) For the purposes of this Act, every driving
licence, irrespective of whether it is a Regular
Driving Licence subject to a probationary period
or a Regular Driving Licence, shall be treated as a
valid driving licence for the class or classes of motor
vehicles referred to therein.
(b) All levies recovered by the Commissioner-
General in respect of the issue of every such licence
or permit referred to in subsection (1) of section
122 shall be deemed to have been validly recovered
under the provisions of this Act.
(5) (a) A person who contravenes the provisions
of paragraph (a) of subsection (1) shall be guilty of
an offence and shall on conviction be liable to a
fine not less than three thousand rupees and not
exceeding six thousand rupees and on a second or
subsequent conviction to a fine not less than six
thousand rupees and not exceeding ten thousand
rupees.
44 Motor Traffic (Amendment) Act, No. 8 of 2009
(b) A person who contravenes the provisions of
paragraph (b) of subsection (1) shall be guilty of an
offence and shall on conviction be liable to a fine
not less than four thousand rupees and not
exceeding eight thousand rupees and on a second
or subsequent conviction to a fine not less than
eight thousand rupees and not exceeding twelve
thousand rupees.
(6) (a) A person who contravenes the provisions
of paragraph (d) of subsection (2) shall be guilty of
an offence and shall on conviction be liable to the
penalty specified in section 224.
(b) A person who contravenes the provisions of
paragraph (e) of subsection (2), shall be guilty of
an offence and shall on conviction be liable to the
penalty specified in section 224.
(7) A person who contravenes the provisions of
paragraph (a) of subsection (3) shall be guilty of an
offence and shall on conviction, be liable to the
penalty specified in section 224.”.
Replacement 26. Section 124 of the principal enactment is hereby
section 124 of repealed and the following section substituted therefor:—
the principal
enactment.
“Application 124. (1) Every application for a Learners
for a Permit and Regular Driving Licence shall be
Learners
made to the Commissioner-General in the
Permit and
Regular prescribed Form, and shall be accompanied
Driving by—
Licence.
(a) a Medical Certificate from the National
Transport Medical Institute established
under the National Transport Medical
Institute Act, No. 25 of 1997 or a medical
practitioner registered under the Medical
Ordinance (Chapter 105) and duly
Motor Traffic (Amendment) Act, No. 8 of 2009 45
authorized by the National Transport
Medical Institute or authorized by the
Commissioner-General, which certifies
that the applicant is physically fit to drive
the class or classes of vehicles in respect
of which the application is made ;
(b) the prescribed levy ;
(c) two copies of a photograph of the
applicant of such size as may be
prescribed and taken not earlier than six
months prior to the date of the making of
the application;
(d) a declaration made by the applicant in
the prescribed Form as to whether or not
he is suffering from any disease or mental
or physical disability as would be likely
to cause his driving to be a source of
danger to the public.
(2) Every applicant for a driving licence valid
for motor vehicles belonging to the classes
specified in items 1(i), 1(ii), 2, 3 and 8 of the
Schedule to section 122 shall prove to the
satisfaction of the Commissioner-General—
(a) that he has completed the age of eighteen
years ; and
(b) that he has been a learner driver for at
least three months from the date he
obtained ‘L’ plate from the
Commissioner-General.
(3) Every applicant for a driving licence
valid for motor vehicles belonging to the
classes specified in items 4(i), 4(ii), 5, 6(i), 6(ii),
46 Motor Traffic (Amendment) Act, No. 8 of 2009
7, 9 and 10 of the Schedule to section 122
shall prove to the satisfaction of the
Commissioner-General that he –
(a) has completed the age of twenty-one
years;
(b) has been a learner driver of the class of
vehicles in respect of which the
application is made for at least three
months from the date he obtained ‘L’
plate from the Commissioner-General;
(c) possesses an adequate practical
knowledge of the mechanism of motor
vehicles as may be prescribed ;
(d) possesses such educational and other
qualifications as may be prescribed ;
(e) possesses such physical requirements as
may be prescribed ;
(f) has been in possession of a Regular
Driving Licence valid for motor vehicles
belonging to the classes specified in
items 2 and 3 of the Schedule to section
122, for a period of not less than two
years.”.
Insertion of new 27. The following new sections are hereby inserted
sections 124B,
immediately after section 124A of the principal enactment
124C and 124D
in the principal and shall have effect as sections 124B, 124C and 124D of
enactment. that enactment :—
“Motor 124B. (1) There shall be Motor Traffic
Traffic Appeals Board (hereinafter in this Part referred
Appeals to as “the Board”) consisting of the following
Board.
members who shall be persons who have gained
recognition or integrity:—
(a) a nominee of the Secretary to the
Ministry of the Minister in charge of the
subject of Transport;
Motor Traffic (Amendment) Act, No. 8 of 2009 47
(b) a retired examiner of Motor Traffic
nominated by the Secretary to the
Ministry of the Minister in charge of the
subject of Transport; and
(c) one person from the Police Department
nominated by the Inspector General of
Police.
(2) An applicant for a driving licence who
has complied with the requirements set out in
subsection (2) of section 123 and section 124,
and who is aggrieved by the decision of the
Commissioner-General refusing to issue him a
driving licence may prefer an appeal to the
Board against such decision.
(3) The Board shall within a period of thirty
days from the date of preferring the appeal
communicate its decision on such appeal to
the applicant and the Commissioner-General,
and the Commissioner-General shall give effect
to such decision.
Medical 124C. (1) The Minister shall appoint a
Committee. Medical Committee comprising of –
(a) the Commissioner-General of Motor
Traffic or his nominee ;
(b) the Director -General of Health Services
or his nominee ;
(c) Specialist/Medical Officer registered
under the Medical Ordinance (Chapter.)
who has specialized in the particular field;
and
(d) a representative of the Ministry of the
Minister in charge of the subject of
Transport :
48 Motor Traffic (Amendment) Act, No. 8 of 2009
(2) The duties of the Medical Committee
shall be to hear appeals from persons aggrieved
by the refusal to issue Medical Certificates by
medical practitioners or the National Transport
Medical Institute under section 124D.
(3) A medical practitioner who wilfully
issues a Medical Certificate which is incorrect
as regards the medical condition of an applicant
or is incorrect in regard to any material
particulars specified therein shall be guilty of
the offence of fraudulent issue of a medical
certificate and shall on conviction be liable to
a fine not less than ten thousand rupees and
not exceeding twenty thousand rupees and
such practitioner shall also be reported to the
Sri Lanka Medical Council.
Appeals to 124D. (1) An applicant for a Learners Permit
Medical and Regular Driving Licence who is aggrieved
Committee. by the refusal of a Medical Practitioner referred
to in section 124 or the National Transport
Medical Institute to issue him with a Medical
Certificate may prefer an appeal against such
refusal to the Medical Committee appointed
under section 124C.
(2) Such Medical Committee shall within
a period of seven days cause such applicant to
be examined by a registered medical
practitioner other than a medical practitioner
referred to in paragraph (1) and shall if such
medical practitioner certifies that the applicant
is fit to be issued a driving licence, issue him a
Medical Certificate and shall report such fact
to the Sri Lanka Medical Council.
Amendment of 28. Section 125 of the principal enactment is hereby
section 125 of amended as follows :—
the principal
enactment. (1) in subsection (1) of that section, by the substitution
for the words “licence which it accompanies.” of
the words, “licence which it accompanies and any
Motor Traffic (Amendment) Act, No. 8 of 2009 49
endorsement made on such form shall be deemed
to have been made upon such driving licence.”;
(2) in subsection (4) of that section, by the substitution
for the words “driving a motor vehicle in a safe and
proper manner.” of the words “driving a motor
vehicle in a safe or proper manner:
Provided that, the Commissioner-General may
refuse to issue a driving licence in circumstances
that appear to him to be detrimental to the interest
of the public.”;
(3) by the repeal of subsection (5) thereof and the
substitution therefor of the following subsection:—
“(5) No Regular Driving Licence shall be
issued—
(a) in respect of motor vehicles belonging
to the clauses specified in items 1(i),
1(ii), 2, 3 and 8 and of the Schedule to
section 122 to any person who has not
attained the age of eighteen years ; and
(b) in respect of motor vehicles belonging
to the clauses specified in items 4(i),
4(ii), 5, 6(i), 6(ii), 7, 9 and 10 of the
Schedule to section 122 to any person
who has not attained the age of twenty-
one years,
and, a licence issued to any such person shall be of
no force or effect in law.”.
29. Section 126 of the principal enactment is hereby Amendment of
amended as follows :— section 126 of
the principal
(1) by the repeal of subsection (1) of that section and enactment.
the substitution therefor of the following
subsection:—
“(1) Unless otherwise prescribed by the
Minister and subject to the provisions of
50 Motor Traffic (Amendment) Act, No. 8 of 2009
subsections (2) and (3) of section 126A and
section 126B, Learners Permit and Regular
Driving Licence issued in respect of motor
vehicles —
(a) belonging to the classes specified in
items 4(i), 4(ii), 5, 6(i), 6(ii), 7, 9 and 10
of the Schedule to section 122, shall
be valid for a period of four years ;
(b) belonging to the classes specified in
items 1(i), 1(ii), 2, 3 and 8 of the
Schedule to section 122, shall be valid
for a period of eight years.”.
(2) by the addition, immediately after subsection (3)
of that section, of the following subsections which
shall have effect as subsections (4) and (5)
thereof:—
“(4) A person who drives a motor vehicle on a
road at any time during which his driving licence
has been suspended or cancelled or where the period
of validity of such licence has expired shall be
guilty of an offence and shall on conviction be liable
to a fine not less than five thousand rupees and not
exceeding ten thousand rupees.
(5) The Minister may make regulations
prescribing the period of validity of driving licences
issued under this Act for any class or classes of
vehicles specified under section 122”.
Insertion of new 30. The following new sections are hereby inserted
sections 126B immediately after section 126A of the principal enactment
and 126C in the
principal and shall have effect as sections 126B and 126c thereof:—
enactment.
“Renewal of 126B. (1) Subject to the provisions of
driving subsections (2) and (3) of section 126 and
licences.
section 126A every driving licence may, on the
Motor Traffic (Amendment) Act, No. 8 of 2009 51
expiry of the period for which it is issued, be
renewed in the case of motor vehicles of a class
referred to in items 1(i), 1(ii), 2, 3, 8 and 10 of
the Schedule to section 122 for further periods
of eight years each at a time and in the case of
motor vehicles of a class referred to in items
4(i), 4(ii), 5, 6(i), 6(ii), 7 and 9 of the Schedule
to section 122 for further periods of four years
each, at a time.
(2) Every application for the renewal of a
driving licence shall be in the prescribed Form
and shall be accompanied by–
(a) (i) in the case of belonging to the classes
specified in items 1(i), 1(ii), 2, 3 and 8
of the Schedule to section 122 a
Medical Certificate from the National
Transport Medical Institute
established under the National
Transport Medical Institute Act, No.
25 of 1997 or from a medical
practitioner registered under the
Medical Ordinance (Chapter 105) or
duly authorized by the National
Transport Medical Institute or
authorized by the Commissioner-
General, which certifies that the
applicant is physically fit to drive
motor vehicles of the class or classes
in respect of which such application
is made ; and
(ii) in the case of vehicles belonging to
the classes specified in items 4(i), 4(ii),
5, 6(i), 6(ii), 7, 9 and 10 of the Schedule
to section 122 a Medical Certificate
from the National Transport Medical
Institute established under the
National Transport Medical Institute
52 Motor Traffic (Amendment) Act, No. 8 of 2009
Act, No. 25 of 1997 or or by a Medical
Practitioner registered under the
Medical Ordinance (Chapter 105)
duly authorized by the National
Transport Medical Institute or
authorized by the Commissioner-
General, which certifies that the
applicant is physically fit to drive
motor vehicles of the class or classes
in respect of which such application
is made;
(b) the prescribed levy ; and
(c) two copies of a photograph of the
applicant, of such size as may be
prescribed, taken not earlier than six
months prior to the date of the making
of the application.
(3) Every application for the renewal of a
driving licence shall be forwarded to the
Commissioner-General three months prior to
the expiry of a licence currently in force.
Amendment of 31. Section 128 of the principal enactment is hereby
section 128 of amended as follows:—
the principal
enactment.
(1) by the repeal of subsection (1) of that section and
the substitution therefor of the following
subsection:—
“(1) A driving licence, unless expressed to be
valid for all classes of vehicles, shall be valid only
for the class or classes of motor vehicles specified
in Column 3 of the Schedule to section 122.”;
(2) by the repeal of subsections (2) and (4);
Motor Traffic (Amendment) Act, No. 8 of 2009 53
32. The following new sections are hereby inserted Insertion of new
sections 128A
immediately after section 128 of the principal enactment
and 128B in the
and shall have effect as sections 128A and 128B of that principal
enactment :- enactment.
“Emergency 128A. (1) No person, who is the holder of a
service driving licence valid for any class or classes of
vehicles and
motor vehicles shall drive any emergency
public
service service vehicle or public service vehicle on
vehicles. any road unless he is specifically authorized
to do so by a special endorsement of the
Commissioner –General on his driving licence.
(2) A person wishing to drive an emergency
service vehicle or a public service vehicle on
any road shall make application to the
Commissioner –General on the prescribed form
accompanied by the prescribed levy.
(3) The Minister may make regulations
prescribing the requirements, qualifications
and tests to be conducted to qualify for an
endorsement on a driving licence empowering
a licence holder to drive an emergency service
vehicle or public service vehicle as the case
may be.
Special 128B. (1) A person wishing to drive a
purpose special purpose vehicle shall make application
vehicles.
for a licence for that purpose to the
Commissioner- General in the prescribed from
accompanied by the prescribed levy.
(2) The Minister may make regulations
prescribing the requirements to be satisfied,
the qualifications necessary and the tests to be
conducted for the purpose of determining
whether a person qualifies to drive a special
purpose vehicle.”.
54 Motor Traffic (Amendment) Act, No. 8 of 2009
Amendment of 33. Section 132 of the principal enactment is hereby
section 132 of
amended as follows —
the principal
enactment.
(1) in subsection (1) of that section by the substitution
for the words “not exceeding three months” of the
words “not exceeding twelve months”; and
(2) in subsection (5) of that section by the substitution,
for the words “shall not apply to the issue of”, of
the words “shall apply to the issue of”.”.
Insertion of new 34. The following new sections are hereby inserted
sections 132A immediately after section 132 of the principal enactment
and 132B in the
and shall have effect as sections 132A and 132B thereof :—
principal
enactment.
“International 132A. (1) Any person ordinarily resident in
Driving Sri Lanka, being the holder of a driving licence
Permit.
issued under Part VII of this Act, may on
application made in the manner hereinafter
provided, obtain an International Driving
Permit authorizing him to drive a vehicle whilst
abroad in any of the contracting States or
Territories that have acceded to the Vienna
Convention on Road Traffic of Eighth
November, One Thousand Nine Hundred and
Sixty Eight.
(2) An application for any such driving
Permit shall be in the prescribed Form and be
accompanied by the prescribed levy and may
be submitted to the prescribed associations who
shall forward the application to the
Commissioner-General.
(3) Every applicant for an International
Driving Permit shall be examined by an
authorized officer appointed for the purpose
by the Commissioner-General, prior to the issue
of the said Permit.
Motor Traffic (Amendment) Act, No. 8 of 2009 55
(4) Such International Driving Permit shall
be valid for a period of one year commencing
from the date of issue.
(5) For the purpose of this section
“prescribed association” means the Automobile
Association of Ceylon or any other Association
which is affiliated to the Alliance International
de Tourism in Geneva, Switzerland, being the
regulatory body for the issue of International
Permits as may be prescribed by the Minister
by Notification published in the Gazette.
Recognition 132B. A person who is a bonafide visitor to
of Sri Lanka and who possesses a valid
international
International Driving Permit issued by any of
driving
permit or the Contracting States to, or the States or
certificate in Territories that have acceded to the Vienna
Sri Lanka. Convention of eighth November One
Thousand Nine Hundred and Sixty Eight, shall
be deemed to possess a driving licence issued
under the provisions of this Act and to be
authorized to drive the class or classes of
vehicles specified in the driving permit:
Provided that—
(a) the Permit is valid within the meaning
of Article 41 of the Vienna Convention
of 1968 ;
(b) the holder carries such permit while
driving in Sri Lanka and produces it
on demand by a police officer or
Examiner of Motor Vehicles for
inspection ; and
(c) the holder fulfils in all respects the
conditions set out in Article 41 of the
Vienna Convention of 1968.”.
56 Motor Traffic (Amendment) Act, No. 8 of 2009
Amendment of 35. Section 133A of the principal enactment is hereby
section 135 of amended as follows :—
the principal
enactment.
(1) by the repeal of subsection (1) of that section and
the substitution therefor of the following
subsection:—
“(1) Where the holder of a Learner’s Permit and
Regular Driving Licence is convicted of any offence
prescribed by the Minister under this section and
the court does not suspend or cancel the driving
licence of such holder, the court may—
(a) if the Learner’s Permit and Regular Driving
Licence of such holder is available, enter or
cause to be entered upon such licence; or
(b) if the Learner’s Permit and Regular Driving
Licence of such holder is not available, direct
the Commissioner to enter upon such
licence,such number of driver improvement
points prescribed in respect of the offence in
respect of which the holder of such driving
licence was convicted:
Provided however, that in the case of a Learner’s
Permit and Regular Driving Licence issued in the
form of a card without the micro chip such entry
may be made on the Endorsement Form prescribed
under section 125 and an entry so made shall for
the purposes of this Act, be deemed to have been
made upon such driving licence.”:
(2) by the insertion immediately after the proviso to
subsection (1) thereof of the following subsection
which shall have effect as subsection (1A)
thereof:—
“ (1A) Where the holder of a Learner’s Permit
and Regular Driving Licence on detection by a
police officer admits liability for the contravention
of any section prescribed by the Minister under
Motor Traffic (Amendment) Act, No. 8 of 2009 57
this section and makes, in lieu of prosecution for
such contravention, payment of the fine prescribed
in respect of that offence any police officer of the
rank of sergeant or above shall enter such fine on
the prescribed form under the subsection and
forward a copy of the entry made thereon to the
Commissioner- General for the purpose of record
and on receipt of such record, the Commissioner-
General shall enter upon such Learners Permit and
Regular Driving Licence the number of driver
improvement points prescribed in respect of such
offence under this section.”;
(3) by the repeal of subsection (3) thereof, and the
substitution therefor of the following subsection:—
“(3) Where any court enters or causes to be
entered driver improvement points on any driving
licence under subsection (1), the court shall forward
to the Commissioner-General a copy of the entry
made on the licence.
For the purpose of this section the Inspector
General of Police shall notify the Commissioner
General of the commission of any offence under
this section.”;
(4) by the addition immediately after subsection (4) of
that section, of the following subsection which shall
have effect as subsection (5) thereof:—
“(5) The Minister may make regulations
identifying the offences and the number of driver
improvement points which shall be entered on a
driving licence or assigned by the Commissioner-
General on the commission of such offences.”.
36. Section 135 of the principal enactment is hereby Amendment of
section 133A of
amended as follows :—
the principal
enactment.
(1) in the proviso to subsection (1) of that section, by
the substitution for the words, “extension of its
58 Motor Traffic (Amendment) Act, No. 8 of 2009
validity,” of the words “extension of its validity,
replacement, renewal or additional endorsement,”.
(2) by the insertion, immediately after subsection (1),
of the following new subsections which shall have
effect as subsections (1A), (1B), (1C) and (1D)
thereof :—
“(1A) Any person who fails to carry a valid
Learner’s Permit and Regular Driving Licence
including the endorsement form while driving a
motor vehicle shall be guilty of an offence and
shall on conviction be liable to a fine not less than
two thousand five hundred rupees and not
exceeding five thousand rupees.
(1B) Where a driver of a motor vehicle does not
possess a valid Learner’s Permit and Regular Driving
Licence a police officer may detain such driver of
the motor vehicle until such driver produces a valid
Learner’s Permit and Regular Driving Licence.
Where it is found that such driver does not hold a
valid Learner’s Permit and Regular Driving Licence,
such driver and owner of the motor vehicle shall be
guilty of an offence and shall be liable to a fine not
less than three thousand rupees and not exceeding
six thousand rupees and to imprisonment of either
description for a term of six months:
Provided however that the owner of such motor
vehicle shall not be deemed to be guilty of an
offence if he proves to the satisfaction of the Court
that the vehicle was removed by such driver without
his knowledge.
(1C) (a) Where the driver of a motor vehicle
wilfully refuses to produce the Learner’s Permit and
Regular Driving Licence on demand by a police
officer, such police officer may take such driver
and the vehicle into custody and produce such
driver at the nearest police station for the purpose
of investigation.
Motor Traffic (Amendment) Act, No. 8 of 2009 59
(b) Any person who wilfully refuses to produce
the learner’s permit or regular driving licence or
endorsement form on demand by a police officer
shall be guilty of an offence and shall on conviction
before a Magistrate be liable to a fine not less than
five thousand rupees and not exceeding ten
thousand rupees:
Provided however, that no person shall be
deemed to be guilty of an offence under this section,
if he proves to the satisfaction of the court that his
learner’s permit or regular driving licence had at
the time of the alleged contravention, been
forwarded to the Commissioner-General for an
additional endorsement or for an extension of its
validity, or for replacement or renewal.
(1D) (a) No person shall drive a motor vehicle
carrying or possessing a learner’s permit or regular
driving licence which is faded, defaced, damaged,
or obscure.
(b) Any person who contravenes the provisions
of paragraph (a) shall be guilty of an offence under
this Act and shall on conviction be liable to the
penalty specified in section 224;” ; and
(3) in subsection (5) of that section, by the substitution
for the words, “charged, may specify by
endorsement” of the words, “charged, may cause
to be specified by endorsement.”.
37. Section 138 of the principal enactment is hereby Amendment of
amended by the insertion, immediately after subsection (1) section 138 of
the principal
thereof of the following subsection which shall have effect
enactment.
as subsection (1A) thereof:—
“(1A)(a) If any person whose Learner’s Permit and
Regular Driving Licence is in the custody of the police or
any court in connection with the commission of an offence
under this Act or the commission of an offence related to the
driving of a motor vehicle under any other written law, applies
for a new Learner’s Permit and Regular Driving Licence or a
60 Motor Traffic (Amendment) Act, No. 8 of 2009
duplicate Learner’s Permit and Regular Driving Licence that
person shall be guilty of an offence and any licence so
obtained shall be of no effect.
(b) Any person who is guilty of an offence under paragraph
(a) of this subsection shall on conviction be liable to a fine
not less than five thousand rupees and not more than ten
thousand rupees and on a second or subsequent conviction
to a fine not less than ten thousand rupees and not exceeding
twenty thousand rupees and to the cancellation of his driving
licence.
(c) If any person shall possess more than one driving
licence issued by the Commissioner-General at any one time,
or is in possession of the driving licence of another person
without lawful authority he shall be guilty of an offence and
shall on conviction be liable to a fine not less than ten
thousand rupees and not exceeding fifteen thousand rupees
and to the confiscation of such licence. ”.
Insertion of new 38. The following new section is hereby inserted
section 138A of immediately after section 138 of the principal enactment
the principal
enactment. and shall have effect as section 138A thereof:—
“Commissioner 138A. (1) Every holder of a driving licence
General to be
notified of shall notify the Commissioner-General either
change of by registered post or personal delivery, of any
residence. changes in his residence and postal address
within thirty days of such change and the
Commissioner General shall endorse such
changes in the respective endorsement form
and record them in the appropriate registers.
(2) Any person who contravenes the
provisions of subsection (1) shall be guilty of
an offence under this Act and shall on
conviction be liable to the penalty specified in
section 224.”.
Insertion of
39. The following new heading is hereby inserted
heading to Part
VIIA. immediately after Part VIIA of the principal enactment:—
Motor Traffic (Amendment) Act, No. 8 of 2009 61
“LICENCING OF DRIVING SCHOOLS AND
INSTRUCTORS”.
40. Section 139 A of the principal enactment is hereby Amendment of
amended by the repeal of subsection (2) of that section and section 139A of
the substitution therefor of the following subsection:— the principal
enactment.
“(2) Any person who contravenes the provisions of
subsection(1) shall be guilty of an offence and shall, on
conviction be liable to a fine not less than five thousand
rupees and not exceeding ten thousand rupees or to
imprisonment of either description for a term not exceeding
six months or to both such fine and imprisonment and on a
second or subsequent conviction to a fine not less than fifteen
thousand rupees and not exceeding twenty five thousand
rupees or to imprisonment of either description for a term
not exceeding one year or to both such fine and
imprisonment .”.
41. Section 139B of the principal enactment is hereby Amendment
amended by the repeal of subsection (2 )of that section and of section
the substitution therefor of the following subsection:— 139B of the
principal
enactment.
“(2) No instructor’s licence of any class shall be
issued to any person unless he—
(a) is the holder of a valid driving licence of a
class which is specified under section 139BB
to make him eligible to be issued an instructor’s
licence of such class as is specified in that
section ; and
(b) possesses such suitable qualifications and
experience as may be prescribed.”.
42. The following new section is hereby inserted Insertion of
immediately after section 139 B of the principal enactment new
section139BB
and shall have effect as section 139BB thereof:—
of the
principal
“Instructor’s 139BB. (1) An instructor’s licence issued
Licence and enactment.
under this Part shall be divided into three
assistant
instructor’s classes, namely Class A, Class B and Class C.
licence.
62 Motor Traffic (Amendment) Act, No. 8 of 2009
(2) An Assistant Instructor’s Licence shall
be of Class C.
(3) An Instructor or Assistant Instructor shall
be eligible to be issued a Class C licence if he
has been the holder of a valid Regular Driving
Licence stated to be valid for a motor vehicle
belonging to the classes specified in items 1(i),
2 and 3 of the Schedule to section 122, for a
minimum period of five years immediately prior
to the application. Such instructor’s licence or
Assistant instructor’s licence shall authorize
him to instruct learners of classes of motor
vehicles belonging to the classes specified in
items 1(i), 1(ii), 2, 3 and 8 of the Schedule to
section 122.
(4) A person shall be eligible to be issued an
Instructor’s Licence of Class B, if he has been
the holder of a valid Regular Licence stated to
be valid for Motor Vehicles belonging to the
classes specified in items 1(i) and 6 of the
Schedule to section 122, for a minimum period
of five years immediately prior to the
application. Such instructor’s licence shall
authorize him to instruct learners of Motor
Vehicles belonging to the classes specified in
items 1(i), 1(ii), 2, 3, 4(i), 4(ii), 6(i), 6(ii), 8 and
10 the Schedule to section122.
(5) A person shall be eligible to be issued
an Instructor’s Licence of Class A, if he has
been the holder of a valid regular licence
expressed to be valid for motor vehicles
belonging to the classes specified in items 1(i),
5 and 7 of the Schedule to section 122, together
with emergency service vehicle and public
service vehicle endorsements valid for a
minimum period of five years immediately
prior to the application. Such instructor’s
Motor Traffic (Amendment) Act, No. 8 of 2009 63
licence shall authorize him to instruct learners
of motor vehicles belonging to the classes
specified in items 1(i), 1(ii), 2, 3, 4(i), 4(ii), 5,
6(i), 6(ii), 7, 8, 9 and 10 of the Schedule to
section 122.”.
43. Section 139E of the principal enactment is hereby Amendment of
amended as follows :— section 139E of
the principal
enactment.
(1) in subsection (1) of that section—
(a) by the omission in paragraph (b) thereof of
the word “or”;
(b) by the substitution in paragraph (c) of that
subsection for the words, “regulations made
thereunder.” of the words, “regulations made
thereunder; or” ; and
(c) by the insertion immediately after paragraph
(c) thereof, of the following new paragraph
which shall have effect as paragraph (d)
thereof :—
“(d) has accumulated more than the
specified number of driver
improvement points.”;
(2) in subsection (4) of that section, by the substitution
for the words “Secretary to the Ministry” of the
words “Secretary to the Ministry of the Minister”;
(3) in subsection (6) of that section, by the substitution
for the words “Secretary to the Ministry” of the
words “Secretary to the Ministry of the Minister” ;
and
(4) in subsection (8) of that section, by the substitution
for the words “shall forthwith surrender it to the
Commissioner”, of the words, “shall surrender such
licence to the Commissioner – General within seven
days of such cancellation.”.
64 Motor Traffic (Amendment) Act, No. 8 of 2009
Amendment of 44. Section 139F of the principal enactment is hereby
section 139F of
the principal amended in subsection (3) of that section by the substitution
enactment. for the words “to a fine not less than five hundred rupees” of
the words “to a fine not less than seven thousand five
hundred rupees and not exceeding fifteen thousand rupees.”.
Amendment of 45. Section 139N of the principal enactment is hereby
section 139N of amended by the repeal of the definition of the expression
the principal
“driving instructor”.
enactment.
Replacement of 46. Section 145 of the principal enactment is hereby
section 145 of repealed and the following section substituted therefor:—
the principal
enactment.
“Condition 145. (1) No motor vehicle shall be used on
of motor a road unless it is in all respects in such a
vehicles.
condition that it will not cause or be likely to
cause—
(a) danger, discomfort, annoyance or harm to
any person in the vehicle or any person
using the road;
(b) danger to any vehicle on the road ; or
(c) damage to any property on or adjoining
the road.
(2) Where a driver of a motor vehicle
contravenes any provision of subsection (1)
such driver, and registered owner of such motor
vehicle shall be guilty of an offence and shall
on conviction be liable to a fine not less than
ten thousand rupees and not exceeding twenty
thousand rupees.
(3) Where a driver of a motor vehicle
contravenes the provisions of subsection (1)
and thereby causes injury to any person such
driver, and registered owner of such motor
vehicle shall be guilty of an offence and shall
Motor Traffic (Amendment) Act, No. 8 of 2009 65
on conviction be liable to a fine not less than
ten thousand rupees and not exceeding twenty
five thousand rupees or to imprisonment for a
term not exceeding two months or to both such
fine and imprisonment and to the suspension
of his driving licence for a period of six months.
(4) Where a driver of a motor vehicle
contravenes any provision of sub-section (1)
and thereby causes grievous injury to any
person, such driver and registered owner of
such motor vehicle shall be guilty of an offence,
and shall on conviction be liable to a fine not
less than twenty five thousand rupees and not
exceeding thirty five thousand rupees or to
imprisonment for a term not exceeding six
months or to both such fine and imprisonment
and to the suspension of his driving licence for
a period of six months.
(5) Where a driver of a motor vehicle
contravenes any provision of sub-section (1)
and thereby causes the death of any person,
such driver and registered owner of such motor
vehicle shall be guilty of an offence, and shall
on conviction be liable to a fine not less than
fifty thousand rupees and not exceeding
seventy five thousand rupees or imprisonment
for a term not exceeding one year or to both
such fine and imprisonment and to the
suspension of his driving licence for a period
of twelve months. ”.
47. Section 155 of the principal enactment is hereby Amendment
of section 155
amended as follows :—
of the principal
enactment.
(1) in subsection (1) of that section, by the substitution
for the words “efficient instrument” of the words
“efficient warning instrument”;
66 Motor Traffic (Amendment) Act, No. 8 of 2009
(2) by the re-numbering of subsections (2), (3) and (4)
of that section as subsections (4), (5) and (6)
thereof;
(3) by the insertion, immediately after subsection (1)
thereof, of the following subsections which shall
have effect as subsections (2) and (3) thereof :—
“(2) (a) Notwithstanding the provisions of
subsection (1), the driver of a motor vehicle shall
not use, or cause or permit to be used the warning
instrument of such vehicle except –
(i) when necessary as a traffic warning to avoid
an accident ; or
(ii) as an indication of his intention to overtake
another vehicle, provided however, that at
night, such driver may flash the head lights
for such purpose and also sound a warning
instrument .
(3) No person shall use a motor vehicle that has
been equipped with a multi-tone horn sounding a
succession of different notes, or with any other
sound producing device giving a harsh, shrill, loud
or alarming noise :
Provided that such a multi-tone horn or other
sound producing device may be fitted or used –
(a) on a vehicle used by the fire brigade ;
(b) on a vehicle used by members of the police
or armed services ; or
(c) on an ambulance responding to an
emergency call. ”;
Motor Traffic (Amendment) Act, No. 8 of 2009 67
(4) in the renumbered subsection (4) thereof, by the
substitution for the words “ highway within the
limits of an urban area.” of the word “road.”.
(5) by the repeal of the renumbered subsection (5) of
that section and the substitution of the following
subsection therefor :—
“(5) Regulations may be made—
(a) prohibiting or restricting for the
purposes of this section the use of all
warning instruments or any specified
instrument in any area or part thereof
during any specified hours of the day ;
(b) prescribing the maximum noise level
that may emanate from a vehicle
whether from the engine, the exhaust
device or the horn;
(c) prescribing the maximum noise level
that is permissible for any class or
classes of vehicles with regard to a
warning device or reverse warning
device or any amplifying devices fitted
on such class or classes of vehicles.”;
(6) in the re-numbered subsection (6) of that section
by the substitution, for the word and figure
“subsection (3),” of the word and figure
“subsection(5).”;
(7) by the insertion, immediately after the re-numbered
subsection (6) of that section, of the following
subsection which shall have effect as subsection
(7) thereof:—
“(7) Any person who contravenes the provisions
of this section shall be guilty of an offence and
68 Motor Traffic (Amendment) Act, No. 8 of 2009
shall on conviction be liable to a fine not less than
three thousand rupees and not exceeding five
thousand rupees and to the confiscation of such
instruments.”.
Insertion of new 48. The following new section is hereby inserted
section 155A in immediately after section 155 of the principal enactment
the principal
and shall have effect as section 155A thereof :—
enactment.
“Emission in 155A. (1) A person who drives or uses a motor
certain vehicle that emits smoke, visible vapour, grit,
instances to
sparks, ashes, cinder, grease or oily substances,
be an offence
which is likely to –
(a) constitute a health hazard or cause
annoyance or injury to any person ;
(b) obscure the visibility of any other road
user ; or
(c) cause damage to any road or other public
place or property,
shall be guilty of an offence, and shall on
conviction be liable to a fine not less than two
thousand rupees and not exceeding five
thousand rupees and on a second or
subsequent conviction, to a fine not less than
five thousand rupees and not exceeding ten
thousand rupees.
(2) An examiner or a police officer
authorized by the Inspector -General of Police
who has reason to believe that an offence under
subsection (1) is being committed in respect of
a motor vehicle which is on a road or other
public place –
(a) may stop and examine the vehicle and
may measure or cause to be measured by
Motor Traffic (Amendment) Act, No. 8 of 2009 69
means of a prescribed apparatus, the
emission of smoke or visible vapour from
the vehicle ; or
(b) may by notice in writing served on the
owner of the vehicle either personally or
by post require the production of such
vehicle at a vehicle examination centre
or police station on such date and at such
time as may be specified in the notice for
the purpose of—
(i) measuring the emission of smoke or
visible vapour by means of a
prescribed apparatus ; or
(ii) examining the vehicle to ascertain
whether its condition is such that its
use results in the commission of an
offence under this section.
(3) An owner of a vehicle who is served
with a notice under subsection (2) and who
fails without reasonable cause to produce such
vehicle on the date, time and place specified
in such notice shall be guilty of an offence and
shall on conviction, be liable to a fine not less
than five thousand rupees and not exceeding
ten thousand rupees.
(4) (a) The Minister may prescribe the
standard of emission which shall be applicable
in respect of motor vehicles.
(b) Such regulations may provide different
standards in respect of different classes of motor
vehicles.
(5) For the purposes of this section,
“examiner” means an examiner of motor under
this Act, or a person authorized in that behalf
70 Motor Traffic (Amendment) Act, No. 8 of 2009
by the Commissioner-General or by the
Inspector General of Police.”.
Insertion of 49. The following new section is hereby inserted
new section immediately after section 157 of the principal enactment
157A in the
and shall have effect as section 157A of that enactment —
principal
enactment.
157A. (1) No person shall travel in a
“Use of seat
prescribed seat in a vehicle of a prescribed class
belts.
or description unless he uses a seat belt of a
type prescribed by the Minister.
(2) Regulations may be made
prescribing:—
(a) the seats to which the requirement
applies;
(b) the class or description of vehicles ; and
(c) the type or description of seat belts for
the purposes of subsection (1).
(3) No person shall sell or offer for sale or
have in his possession for sale any seat belt,
which is not of a type prescribed by the
Minister.
(4) Any person who contravenes the
provisions of subsection (1) or (3) or any
regulation made under this section shall be
guilty of an offence and shall on conviction be
liable to the penalty specified in section 224.”.
Amendment of 50. Section 160 of the principal enactment is hereby
section 160 of repealed and the following section substituted therefor :—
the principal
enactment.
“Noise. 160. (1) The driver of a vehicle which is in
motion or stationary shall not use or permit
any person to use, and no person in the vehicle
Motor Traffic (Amendment) Act, No. 8 of 2009 71
shall use, any amplifying equipment with
loudspeaker fitted to or carried on the vehicle:
Provided, however, that an amplifying
equipment may be used in a motor vehicle, if
the volume of the sound emanating from such
equipment is so regulated as to ensure that it is
confined within the vehicle and intended for
the hearing only of the occupants thereof.
(2) All motor vehicles which have an
internal combustion engine shall be equipped
with an efficient silencing device through
which all exhaust from the engine is projected
and which prevents the creation of undue
noise.
(3) An examiner, or a police officer
authorized in that behalf by the Inspector
General of Police may direct a driver of any
vehicle to sound the warning device for the
purpose of making a noise level reading.
(4) Regulations may be made prescribing—
(a) the maximum noise levels that may
emanate from engine exhaust device ;
and
(b) the maximum noise level permissible
for different class or classes of vehicles
with regard to horn, warning device or
reverse warning device and amplifying
devices fitted on such class or classes
of vehicles.
(5) Any person who contravenes the
provisions of this section shall be guilty of an
offence and shall on conviction be liable to a
fine not less than three thousand rupees and
not exceeding five thousand rupees.
72 Motor Traffic (Amendment) Act, No. 8 of 2009
(6) For the purposes of this section
“examiner” means an Examiner of Motor
Vehicles appointed or deemed to be appointed
under this Act and includes a person authorized
in that behalf by the Inspector General of
Police.”.
Amendment of 51. Section 161 of the principal enactment is hereby
section 161 of amended as follows:—
the principal
enactment.
(1) in subsection (1) of that section—
(a) by the insertion, immediately after sub-
paragraph (iv) of paragraph (a), of the
following sub-paragraph which shall have
effect as sub-paragraph (v) of that
paragraph:—
“(v) a driver who fails to report such
accident forthwith to the officer-in-
charge of the nearest police station
shall on conviction be liable to a fine
not less than three thousand rupees
and not exceeding five thousand
rupees. ”;
(b) by the addition, immediately after paragraph
(c) of that subsection, of the following
paragraph which shall have effect as
paragraph (d) thereof:-
“(d) The insurer to whom a claim for
insurance is made in connection with
such accident shall inform the officer-
in-charge of the nearest police station
of such accident, for the purpose of
compiling statistical records relating
to accidents giving—
(i) details relating to such accident;
and
Motor Traffic (Amendment) Act, No. 8 of 2009 73
(ii) the names and addresses of the
parties involved in such accident,
as informed to him by the person
making the claim.;’;
(2) in subsection (2) of that section, by the omission of
the words “or of security”;
(3) by the insertion, immediately after subsection (2)
thereof, of the following subsection which shall
have effect as subsection (3) thereof:—
“(3) A person who contravenes the provisions
of paragraph (d) of subsection (1) shall be guilty of
an offence and shall on conviction be liable to a
fine not less than five thousand rupees and not
exceeding ten thousand rupees.”.
52. Section 194 of the principal enactment is hereby Amendment of
amended in subsection (5) of that section by the repeal of all section 194 of
the principal
the words from “to a fine not exceeding one thousand enactment.
rupees” to the end of that subsection and the substitution of
the words “to a fine not less than three thousand rupees and
not exceeding five thousand rupees and on a second or
subsequent conviction to a fine not less than five thousand
rupees and not exceeding ten thousand rupees.”.
53. Section 195 of the principal enactment is hereby Replacement of
section 195 of
repealed and the following new section substituted the principal
therefor:— enactment.
“Approved 195. (1) The Commissioner-General may,
garages,
upon application made in that behalf in the
approved
inspection prescribed form by the registered owner of a
and testing garage or inspection and testing centre and
centres and upon payment of the prescribed levy and
certifying service charge, by Order declare—
officers.
(a) that the garage or inspection or testing
centre specified in such order shall be an
74 Motor Traffic (Amendment) Act, No. 8 of 2009
approved garage or approved inspection
or testing centre for the annual
examination and certification of vehicles
for the purposes of section 29; and
(b) that such registered owner, and the other
person or persons employed at such
approved garage or approved inspection
or testing centre and specified in the order,
shall each be an approved certifying
officer for the purpose of such
examination and certification of motor
vehicles at such approved garage or
approved inspection or testing centre.
(2) Where the Commissioner-General makes
an order under subsection (1), he shall issue to
each approved certifying officer a letter of
authority stipulating therein, the conditions
subject to which such letter of authority is
issued.
(3) The Commissioner-General may revoke
or alter any order made under subsection (1) if
there is a contravention of any condition
specified in the letter of authority issued to
any approved certifying officer of such
approved garage or such approved inspection
or testing centre in respect of which such order
was made.
(4) The Commissioner-General may specify,
in relation to each approved garage and
approved inspection or testing centre the
maximum number of motor vehicles which may
be examined and certified at that approved
garage or approved inspection or testing centre
during the course of a day.
Motor Traffic (Amendment) Act, No. 8 of 2009 75
(5) Where the Commissioner-General
rejects an application referred to in subsection
(1), he shall state his reasons therefor in writing.
(6) The Minister may make regulations
prescribing—
(a) the equipment and facilities that should
be made available at an approved garage
or approved inspection or testing centre;
(b) the qualifications required of an
approved certifying officer;
(C) the frequency of mandatory inspection
for different classes or descriptions of
motor vehicles ;
(d) the amount of any deposit to be made by
an approved garage or approved
inspection or testing centre.”.
54. Section 196 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefor :— section 196 of
the principal
enactment.
“Issue of 196. (1) Upon the production of a motor
Emission vehicle before an examiner or an approved
Certificate
certifying officer referred to in section 195 and
and
Certificate of upon payment of the prescribed levy or service
Fitness. charge, for the purpose of obtaining an
Emission Certificate and a Certificate of Fitness
as is referred to in section 29, an examiner or
approved certifying officer shall on such
criteria as may be prescribed, examine such
vehicle and shall certify whether or not such
Certificates may be issued in terms of this Act.
(2) An Emission Certificate and Certificate
of Fitness issued in respect of a motor vehicle
76 Motor Traffic (Amendment) Act, No. 8 of 2009
shall remain in force for one year from the date
of issue or such shorter period not less than
three months as may be specified in such
certificate.
(3) Where an examiner or approved
certifying officer certifies that a motor vehicle
is unfit for use, he shall state his reasons therefor.
(4) The registered owner of a motor vehicle
which is certified after examination under the
preceding provisions of this section to be unfit
for use, may, appeal to the Commissioner –
General against the issue of such Certificate
and the decision of the Commissioner –
General on such appeal shall be final.
(5) The Emission Certificate and Certificate
of Fitness issued in respect of a motor vehicle
under this section shall be—
(a) carried in that vehicle at all times;
(b) made available for inspection on demand
by a police officer, Grama Niladhari or
Examiner or authorized officer appointed
under this Act, or by any person
authorized in writing by the
Commissioner – General:
Provided however, that such certificate
shall be produced when required, before a
Court, the Commissioner – General or a
Licensing Authority.
(6) The registered owner of an approved
garage or approved inspection or testing centre
shall forward in the prescribed form to the
Motor Traffic (Amendment) Act, No. 8 of 2009 77
Commissioner General before the tenth day of
the following month. a monthly summary of
the Emission Certificates and Certificates of
Fitness issued by him during each month.
(7) (a) If the registered owner of an approved
garage or approved inspection or testing centre
fails to send the monthly summary referred to
in subsection (6) before the tenth day of each
month, the Commissioner General shall, in the
first instance, issue him with a warning that the
order made under section 195 in respect of such
garage may be revoked if such monthly
summary is not sent within the time specified
under subsection (6).
(b) If the registered owner of such approved
garage or approved inspection or testing centre
fails to send such monthly summary for three
consecutive months the Commissioner General
shall revoke the order made under section 195
in respect of that approved garage or approved
inspection or testing centre.
(c) A person who contravenes the provisions
of subsection (6) shall be guilty of an offence
and shall on conviction be liable to a fine not
less than five thousand rupees and not
exceeding ten thousand rupees and on a
second or subsequent conviction to a fine not
less than ten thousand and not exceeding
fifteen thousand rupees.
(8) Regulations may be made providing for the
procedures for the examination of motor vehicles for the
purpose of the issue of an Emission Certificates and
Certificates of Fitness .”.
78 Motor Traffic (Amendment) Act, No. 8 of 2009
Insertion of new 55. The following new section is hereby inserted
section 196B in immediately after section 196A of the principal enactment
the principal
and shall have effect as section 196B thereof :-
enactment.
Effect of 196B. (1) Where any person issues a
issue of a fraudulent Emission Certificate and Certificate
fraudulent
of Fitness, or where there is a contravention of
Emission
Certificate any one or more of the conditions specified in
and the letter of authority issued to an approved
Certificate of certifying officer, the Commissioner-General
fitness. or any other Authority shall—
(a) appropriate the full deposit made by
such approved garage ;
(b) revoke the authority given to such
garage and to such approved certifying
officer of such garage ; and
(c) cancel any permit, licence or certificate
obtained on the basis of the fraudulent
Emission Certificate and Certificate of
Fitness.
(2) Any approved certifying officer who
issues a fraudulent Emission Certificate and
Certificate of Fitness or contravenes any
condition specified in a letter of authority
issued to such approved certifying officer shall
be guilty of an offence and shall, on conviction
be liable to a fine not less than twenty thousand
rupees and not exceeding twenty five thousand
rupees.”.
Amendment of 56. Section 198 of the principal enactment is hereby
section 198 of amended as follows :—
the principal
enactment.
(1) by the substitution for the words “lorry or motor
tricycle van” wherever those words occur in that
section of the words “any motor vehicle”;
Motor Traffic (Amendment) Act, No. 8 of 2009 79
(2) by the substitution for subsection (10) of that
section of the following subsection:—
“(10) Any person who contravenes the provisions
of subsection (9) shall be guilty of an offence and
shall, on conviction after summary trial before a
Magistrate be liable in the case of a first offence to
a fine not less than five thousand rupees and not
exceeding ten thousand rupees and in the case of a
second or subsequent offence, to a fine not less
than ten thousand rupees and not exceeding twenty
thousand rupees or to imprisonment of either
description for a term not exceeding three months
or to both such fine and imprisonment.”.
57. Section 199 of the principal enactment is hereby Repeal of
repealed. section 199 of
the principal
enactment.
58. Section 200 of the principal enactment is hereby Amendment of
amended by the addition, immediately after subsection (2) section 200 of
the principal
of that section of the following subsection which shall have
enactment.
effect as subsection (3) thereof:—
“(3) Any person who commits an offence under
subsection (1) shall be liable, on conviction to a fine not less
than three thousand rupees and not exceeding five thousand
rupees.”.
59. Section 201 of the principal enactment is hereby Repeal of
repealed. section201 of
the principal
enactment.
60. The following new section is hereby inserted Insertion of new
immediately after section 213A of the principal enactment section 213AA in
the principal
and shall have effect as section 213AA of that enactment:—
enactment.
“Motor 213AA. (1) There shall be a Motor Traffic
Traffic Appeals Tribunal (hereinafter referred to as “the
Appeals
Tribunal. Tribunal”) consisting of the following members
80 Motor Traffic (Amendment) Act, No. 8 of 2009
who shall be persons of integrity, and eminence
in their respective fields :—
(a) one person from the Institute of
Automotive Engineers established under
the Institute of Automotive Engineers’ of
Sri Lanka (Incorporation) Act No. 48 of
1992 nominated by the Minister in charge
of the subject of Science and
Technology;
(b) one person having recognition in the field
of law, nominated by the Minister in
charge of the subject of Justice ; and
(c) one person from the Ministry of Transport,
nominated by the Minister in charge of
the subject of Transport.
(2) The Minister shall appoint one member
as the Chairman of the Tribunal.
(3) Every member of the Tribunal shall,
unless he vacates office earlier by death or
resignation by letter in that behalf addressed
to the Minister or unless he is removed from
office by the Minister under subsection (4)
hold office for a period not exceeding three
years as may be specified by the Minister in
his letter of appointment. Any member
vacating office by effluxion of time shall be
eligible for reappointment.
(4) The Minister may remove from office
any member of the Tribunal for reasons
assigned.
Motor Traffic (Amendment) Act, No. 8 of 2009 81
(5) In the event of the vacation of office of
any member the Minister shall appoint another
person to succeed such member and the member
so appointed shall hold such office for the
unexpired period of the term of office of his
predecessor.
(6) The Chairman of the Tribunal may
summon meetings of such Tribunal whenever
he deems it necessary :
Provided however, that such Chairman shall
summon a meeting of such Tribunal, whenever
he is requested in writing to do so by two
members, of such Tribunal
(7) The quorum for any meeting of the
Tribunal shall be two members.
(8) Regulations may be made providing for
the conduct of business of the Tribunal and
prescribing the procedure to be followed at
meetings of such Tribunal. Subject to such
regulations, and the provisions of subsection
(6), the Tribunal may regulate its own
procedure.
(9) No act or proceeding of the Tribunal
shall be invalid by reason only of the existence
of any vacancy therein or any defect in the
appointment of any member thereof.
(10) The functions of the Tribunal shall be
to hear appeals from persons aggrieved by –
(a) the refusal of the Commissioner-General
to grant written approval under
subsection (4) of section 19A; and
82 Motor Traffic (Amendment) Act, No. 8 of 2009
(b) the cancellation under subsection (7) of
section 19A of any written approval
granted by the Commissioner-General,
for the manufacture, assembly, fabrication, innovation,
adaptation, modification or change of construction of a
motor vehicle.”.
Insertion of new 61. The following new sections are hereby inserted
sections 213C,
immediately after section 213B of the principal enactment
213D and 213E
in the principal and shall have effect as sections 213C, 213D and 213E
enactment. thereof:—
“One Half of 213C. One half of all fines, other than fines
the fines to
imposed by Courts, recovered under the
be credited
to the Police provisions of this Act other than monies
Reward specified under paragraph (b) of subsection (2)
Fund.
of section 213D shall be credited to the
Consolidated Fund and the other half shall be
credited to the Police Reward Fund, established
under section 73 of the Police Ordinance
(Chapter 53).
Motor 213D. (1) There shall be established for
Traffic the purposes of this Act, a fund to be called the
Reward Motor Traffic Reward Fund (hereafter referred
and
Incentive to as “the Reward and Incentive Fund .”)
Fund.
(2) There shall be paid into the Reward and
Incentive Fund—
(a) all sums directed to be paid thereto
under section 213E or by the Director
General of Customs or under any other
written law ;
(b) one half of the fines, other than fines
imposed by Court, recovered under
court actions instituted by the
Department of Motor Traffic ;
Motor Traffic (Amendment) Act, No. 8 of 2009 83
(c) one percent of the fees, levies and
surcharges, charged under this Act.
(3) There shall be paid out of the Reward
and Incentive Fund—
(a) all payments given as rewards to
officers engaged in the regulation,
supervision, inspection, investigation,
detection and control of vehicles in
accordance with regulations made
hereunder ;
(b) the expenses incurred in the
administration of the Fund ; and
(c) prescribed payments.
(4) Regulations may be made –
(a) prescribing the manner in which the
Fund is to be administered ;
(b) in respect of matters connected with
the Fund which are required by this
Act to be prescribed ;
(c) in respect of all matters incidental to
or connected with the establishment
and administration of the Fund.
(5) The accounts of the Fund shall be
audited by the Auditor General.
Surcharge 213E. (1) Where a vehicle is modified,
for altered or changed as regards its construction,
modification and identity or any changes are effected to its
and alteration
of vehicles. mechanical components, the Commissioner
General shall have the power to impose such
surcharges in accordance with the provisions
of regulations made hereunder and such
imposition shall be final and conclusive.
84 Motor Traffic (Amendment) Act, No. 8 of 2009
(2) The amount of the surcharges imposed
by the Commissioner under the provisions of
sub-section (1) shall be credited to the Motor
Traffic Reward fund established under section
213D.”
Amendment of 62. Section 215B of the principal enactment is hereby
section 215B of
amended by the substitution for all the words from , “be
the principal
enactment. liable to imprisonment” to the end of that section, of the
words “be liable to a fine not less than five thousand rupees
and not exceeding ten thousand rupees or to imprisonment
of either description for a term not exceeding six
months.”.
Replacement of 63. Section 218 of the principal enactment is hereby
section 218 of
repealed and the following section substituted therefor :—
the principal
enactment.
“Penalty for 218. A person who contravenes the
driving provisions of section 99 or subsection (5) or
without
certificate of (6) of section 196 shall be guilty of an offence
insurance or and shall on conviction be liable to a fine not
certificate of
less than five thousand rupees and not
fitness or
emission exceeding twenty five thousand rupees or to
certificate. imprisonment for a term not exceeding one
month or to both such fine and imprisonment.
Amendment of 64. Section 219 of the principal enactment is hereby
section 219 of
amended by the substitution for all the words from “shall be
the principal
enactment. liable to a fine not less than” to the end of that section, of the
words “shall be liable to a fine not less than twenty five
thousand rupees and not exceeding fifty thousand rupees or
to imprisonment for a period not exceeding three months, or
to both such fine and imprisonment and the documents issued
or registered shall be deemed to be invalid from the date of
such issue or registration.”.
Motor Traffic (Amendment) Act, No. 8 of 2009 85
65. Section 220 of the principal enactment is hereby Amendment of
section 220 of
amended as follows :—
the principal
enactment.
(1) by the insertion, immediately after subsection (1)
thereof, of the following subsection which shall
have effect as subsection (1A) thereof :—
“(1A) Any person who fraudulently issues a
driving licence shall be guilty of an offence and
shall on conviction be liable to a fine not less than
twenty five thousand rupees and not exceeding fifty
thousand rupees and on a second or subsequent
conviction to a fine not less than fifty thousand
rupees and not exceeding one hundred thousand
rupees.”.
(2) in subsection (2) of that section —
(a) by the omission in paragraph (a) thereof, of
the words,” or certificate of security” ;
(b) by the omission, in paragraph (b) thereof, of
the words, “or security” ;
(c) by the omission, in paragraph (c) thereof, of
the words, “or a certificate of security” ;
(d) by the substitution, for all the words from
“be liable to a fine not less than one thousand
rupees” to the end of that section, of the words
“be liable to a fine not less than fifteen
thousand rupees and not exceeding fifty
thousand rupees and to imprisonment of
either description for a term not exceeding
three months and the documents issued or
registered shall be deemed to be invalid from
the date of such issue or registration.”.
86 Motor Traffic (Amendment) Act, No. 8 of 2009
(3) in subsection (3) of that section —
(a) by the omission, of the words “or a certificate
of security ; and
(b) by the substitution, for all the words from
“liable to a fine not less than one thousand
rupees” to the end of that section, of the
words., “liable to a fine not less than fifteen
thousand rupees and not exceeding twenty
five thousand rupees or to imprisonment of
either description for a term not exceeding
two months or to both such fine and
imprisonment.”.
Amendment of 66. Section 223 of the principal enactment is hereby
section 223 of amended by the substitution for all the words from “gives
the principal
enactment. any information respecting the offence” to the end of that
section, of the words “gives any information or makes any
statement respecting the offence which he knows or believes
to be false, shall where that offence is not an offence within
the meaning of sections 38 (3) and 198 of the Penal Code, be
guilty of an offence under this Act, and shall, on conviction
be liable to a fine not less than ten thousand rupees and not
exceeding twenty thousand rupees or to imprisonment of
either description for a term not exceeding six months or to
both such fine and imprisonment.”.
Replacement of 67. Section 224 of the principal enactment is hereby
section 224 of repealed and the following section substituted therefor:—
the principal
enactment.
“General 224. Any person guilty of any offence, for
Penalty. which no other punishment is expressly
provided for in this Act, shall, on conviction
after summary trial be liable to a fine not less
than one thousand rupees and not exceeding
two thousand rupees and on a second
conviction to a fine not less than two thousand
rupees and not exceeding three thousand
Motor Traffic (Amendment) Act, No. 8 of 2009 87
rupees and on a third or subsequent conviction
to a fine not less than three thousand five
hundred rupees and in addition to the
cancellation of his driving license”.
68. The following new sections are hereby inserted Insertion of new
sections 232B,
immediately after section 232A of the principal enactment
232C, 232D,
and shall have effect as sections 232B, 232C, 232D, 232E and 232E and 232F
232F thereof:— in the principal
enactment.
“Seizure and 232B. (1) An Examiner of Motor Vehicles,
forfeiture of an authorized officer or a police officer may, if
vehicles.
he has reason to believe that a motor vehicle
which has been fabricated, manufactured,
assembled, innovated, adapted, modified or the
construction of which has been changed in
contravention of the provisions of section 19A
has been used for the commission of or in
connection with the commission of an offence
under any law in force for the time being seize
and detain such motor vehicle for such time as
may be necessary for the purposes of any
inquiry.
(2) Where any authorized officer seizes any
motor vehicle under subsection (1), such motor
vehicle shall be kept in the custody and control
of the Commissioner-General pending inquiry.
(3) Where after due inquiry by an Examiner
of Motor Vehicles or an authorized officer or a
police officer, such examiner of Motor Vehicles
authorized officer or police officer is satisfied
that any motor vehicle seized –
(a) has been fabricated, manufactured,
assembled, innovated, adapted, modified
or its construction changed in
contravention of the provisions of
section 19A ; and
88 Motor Traffic (Amendment) Act, No. 8 of 2009
(b) was used for the commission of or in
connection with the commission of an
offence under any law in force for the
time being,
such officer shall submit a report of the facts
elicited in the course of such inquiry to the
Commissioner General of Motor Traffic and
shall institute proceedings against the driver
of such vehicle in a court of competent
jurisdiction under section 2A and such other
law.
(4) The Commissioner General of Motor
Traffic shall, if he is satisfied in regard to the
genuineness of the facts contained in the report
give instructions for the forfeiture of such
vehicle and such vehicle shall thereupon be
forfeited.
(5) Any motor vehicle forfeited under
subsection (4) shall upon forfeiture vest
absolutely in the State. Such vesting shall
take effect—
(a) after the expiration of the period within
which an appeal may be preferred to the
Court of Appeal against the order of
forfeiture; or
(b) where an appeal has been preferred to
the Court of Appeal against the order of
forfeiture upon the determination of such
appeal confirming or up holding the
order of forfeiture.
(6) In the application the aggrieved person
shall be described as the plaintiff and the
Motor Traffic (Amendment) Act, No. 8 of 2009 89
Examiner, authorized officer or police officer
as the case may be, as the defendant. The
application shall contain—
(a) the name of the Court of Appeal and the
date of making of the application to the
court ;
(b) the name and address of the Examiner of
Motor Vehicles, authorized officer or
police officer; and
(c) a plain and concise statement of the
matter which has to be determined by
the court, namely, that the seizure and
forfeiture of the motor vehicle, which is
the subject matter of the application was
unlawful and that the court shall
determine—
(i) that such seizure and forfeiture was
unlawful ; and
(ii) that such vehicle shall be forthwith
returned to the plaintiff.
(7) In any proceedings in the Court of
Appeal on any application made to it in respect
of the seizure and forfeiture of any motor
vehicle the burden of proving that such seizure
and forfeiture under that subsection was
unlawful, shall lie on the plaintiff.
(8) The Minister may make regulations
specifying the procedure for the disposal of
vehicles that have been forfeited under this
section.
90 Motor Traffic (Amendment) Act, No. 8 of 2009
Reduction of 232C. (1) Where a person is convicted of
disqualification
an offence under this Act and the Court makes
period.
order disqualifying him from driving for any
period not less than twelve months, such
period of disqualification may be reduced by
the Court if by a date specified in the Order
under this section such person successfully
completes a course approved by the Minister
for the purpose of this section and designated
by a Court.
(2) The reduction made by an order under
this section in a period of disqualification
imposed by the Court shall be a period
specified in the order of not less than three
months and not more than one quarter of the
unreduced period and accordingly, where the
period imposed is twelve months the reduced
period shall be nine months, and where the
period imposed by the order is six months, the
reduced period shall be three months.
(3) The Court shall not make an Order
under this section unless—
(a) it is satisfied that a place on the course
specified in the order is available for
the offender ;
(b) the Court has explained the effect of
the order to the offender and has
informed him of the amount of the fees
for the course and the requirement that
he must pay them before the
commencement of the course ; and
(c) the offender has agreed that the order
should be made.
Motor Traffic (Amendment) Act, No. 8 of 2009 91
(4) The date specified in an order as the
latest date for completion of a course must be
at least two months before the last day of the
period of disqualification as reduced by the
order.
(5) On the successful completion of the
course, a Certificate shall be issued by the
officer who conducted the course to the
Registrar of the Court which made the order. If
the Certificate referred to is received by the
Registrar of the Court before the end of the
period of disqualification imposed but after
the end of the period as it would have been
reduced by the order, the order shall have effect
as if the reduced period ended on the day on
which the certificate is received by the Court.
(6) Where the course is not completed
before the end of the period of disqualification
as reduced by the Court, the Court may order
the convicted person to remain disqualified
until the approved course is completed
successfully.
Protection 232D. (1) No suit or prosecution shall be
of action.
instituted against any officer for any act which
in good faith is done or purported to be done
by such officer under this Act.
(2) Any expense incurred by such officer as
is referred to in subsection (1) in any suit or
prosecution brought against him before any
Court in respect of any act which is done or
purported to be done by him under this Act
shall, if the Court holds that such act was done
in good faith, be paid by the State.
92 Motor Traffic (Amendment) Act, No. 8 of 2009
Detention of 232E. A police officer may detain, for such
drivers. time as is reasonably necessary for purposes of
inquiry and investigation, the driver of a motor
vehicle at a police station—
(a) who, on being requested to give his
name and address refuses or fails to do
so, or gives a name and address which
the police officer reasonably suspects
to be false;
(b) who is involved in an accident
resulting in death or grievous injury;
(c) who, he reasonably suspects has
consumed alcohol or drugs;
(d) who, in his opinion is in possession of
false or forged documents or false
identification number plates;
(e) who, in his opinion is in possession of
a motor vehicle with a forged or altered
chassis and engine number; or
(f) whom he reasonably suspects is in
possession of a stolen vehicle.
Detention of 232F. (1) An Examiner of Motor Vehicles
vehicles. or a police officer who has reason to believe
that the provisions of this Act or regulations
made thereunder in regard to construction,
equipment and use have not been complied
with in respect of any vehicle, may require the
driver of such vehicle to drive it to the nearest
police station and may if necessary detain it
for such time as may be reasonably necessary
for the purpose of inspection and investigation.
Motor Traffic (Amendment) Act, No. 8 of 2009 93
(2) A police officer may also detain a motor
vehicle at any police station, if –
(a) the driver is unable to produce a valid
policy of insurance under section 99 ;
(b) the driver does not possess a valid
driving licence; or
(c) the vehicle belongs to a dealer, repairer
or manufacturer who does not hold a
Dealer’s Registration Certificate,
Repairer’s Registration Certificate or
Manufacturer’s Registration
Certificate.
(3) An Examiner of Motor Vehicles or a
Police officer may also detain a motor vehicle
at any police station or at any premises of the
Department of Motor Traffic if he has
reasonable grounds to believe that,—
(a) the documents submitted for
registration of such vehicle are false
or forged documents;
(b) the vehicle has a forged, tampered or
altered chassis or engine number;
(c) the vehicle is mechanically defective;
(d) the vehicle is stolen or if he reasonably
suspects it to be stolen; or
(e) the vehicle is fitted with false or forged
identification plates.”.
94 Motor Traffic (Amendment) Act, No. 8 of 2009
Insertion of new 69. The following new sections are inserted immediately
sections 239D
and 239E in the after section 239C and shall have effect as sections 239D
principal and 239E thereof :—
enactment.
“Offences to 239D. Notwithstanding anything to the
be contrary in the Code of Criminal Procedure
cognizable
Act, No 15 of 1979, every offence under this
Act shall be a cognizable offence within the
meaning and for the purposes of the Code of
Criminal Procedure Act.
Offences 239E. All offences under this Act shall be
triable by triable by a Magistrate’s Court.”.
Magistrate’s
Court.
Sinhala text 70. In the event of any inconsistency between the
to prevail in
Sinhala and Tamil texts of this Act, the Sinhala text shall
case of
inconsistency. prevail.
Amendment of 71. Section 240 of the principal enactment is hereby
section 240 of amended as follows :—
the principal
enactment.
(1) by the insertion, immediately before the definition
of the expression “animal” of the following new
definitions:—
“accident” means an accident—
(a) which occurs or originates on a road, street
or any other place open to public traffic ;
(b) which results in one or more persons being
killed or injured or causes damage to
property ; and
(c) in which at least one moving vehicle was
involved, and includes collisions between
vehicles, between vehicles and pedestrians
Motor Traffic (Amendment) Act, No. 8 of 2009 95
and between vehicles and animals or fixed
objects and includes accidents in which one
vehicle alone is involved.;
“Act” means the Motor Traffic Act, (Chapter 203);
“anchor fitting” means the terminal part of a seat
belt designed to be attached to a vehicle or
seat;”;
“approved certifying officer” means a certifying
officer referred to in section 195 who
examines a motor vehicle for the purpose of
issuing a certificate of fitness under section
196;
“approved garage” means a garage declared by
the Commissioner-General or by the
Provincial Commissioner of Motor Traffic to
be an approved garage by order under section
195 for the purpose of the examination and
certification of fitness of motor vehicles prior
to the issue of annual revenue licences;
(2) by the insertion, immediately after the definition
of the expression “animal” of the following
definition:—
“assembled illegally” means the assembling of a
motor vehicle—
(a) otherwise than with branded new parts ;
(b) without the prior written permission of
the manufacturer of those parts ; or
(c) without the prior written approval of the
Commissioner-General.”;
96 Motor Traffic (Amendment) Act, No. 8 of 2009
(3) by the substitution for the definition of the
expression ‘articulated vehicle’ of the following
definition:—
“articulated vehicle” means a motor vehicle
comprising a Prime Mover and a Semi
Trailer;”;
(4) by the insertion immediately after the definition of
the expression “ at night” of the following
definition :—
“branded” means branded with the trade name of
a manufacturer registered with the Registrar
of Trade Marks or with the equivalent
authority of the foreign country from which
the branded parts originated and includes
parts branded by a manufacturer who has
entered into an agreement with the original
manufacturer of such parts;
“buckle component” means each one of the two
parts of the buckle assembly designed to be
latched to each other to complete the buckle
assembly;”;
“Certificate of Fitness” means the Certificate
issued under section 196 of this Act, and which
includes a statement on the mechanical
condition of the vehicle;
(5) by the insertion, immediately after the definition
of the expression “Certificate of Insurance” of the
following definitions:—
“Certificate of Registration” means a Certificate
issued by the Commissioner General to the
effect that a motor vehicle has been duly
registered under the provisions of this Act ;”;
Motor Traffic (Amendment) Act, No. 8 of 2009 97
(6) by the substitution for the definition of the
expression “Commissioner” of the following
definition:—
““Commissioner-General” means the
Commissioner General of Motor Traffic
appointed under section 204 of this Act” ;
(7) by the insertion, immediately after the definition
of the expression “Commissioner General” of the
following definitions:—
“ “dealer” means a person who is engaged in the
business of hypothecation, sale, importation,
leasing or hire purchase of motor vehicles in
an approved garage and includes an
importer;”;
“death” means the death of any person who was
killed outright or who died within thirty days
of a motor accident as a result of that accident”;
(8) by the repeal of the definition of the expression;
“driving instructor” and the substitution therefor
of the following definition:—
“driving instructor or assistant driving instructor”
means a person who possesses a valid
instructor’s licence and is employed in a
driving school and who gives instructions in
the driving of a motor vehicle for a fee or
reward, as approved by the Commissioner –
General;
“driving licence” means a licence issued under
Part VII of this Act ;
“driving school” means an establishment where
persons are given instruction in the driving
98 Motor Traffic (Amendment) Act, No. 8 of 2009
of motor vehicles for fee or reward and
registered under the provisions of this Act;
“dual purpose vehicle” means a motor vehicle
designed and constructed for the purpose of
carrying both persons and goods
contemporaneously, provided that the number
of persons being carried (including the driver)
does not exceed nine in number, and the gross
vehicle weight does not exceed three
thousand five hundred kilograms”;
“emergency service vehicle” means –
(a) a vehicle used by the Fire Brigade or
Police or an ambulance, responding to
an emergency call and identified :—
(i) in the case of the Fire Brigade, by
the use of a red light ;
(ii) in the case of a vehicle used by the
Police by the use of a red and blue
light; and
(iii) in the case of an ambulance, by the
use of a red light; and
(b) any other vehicle responding to an
emergency using blinking blue light or
blinking amber light with the approval
of the Commissioner-General of Motor
Traffic;”;
“Emission Certificate” means the Certificate
containing a statement to the effect that the
emission of smoke, visible vapour, grit,
sparks, ashes, cinder, greases or oily
substance emanating from the vehicle is
within the permitted limit.
Motor Traffic (Amendment) Act, No. 8 of 2009 99
(9) by the substitution for the definition of the
expression “examiner” of the following
definition:—
‘ “examiner” means an examiner of motor
vehicles appointed or deemed to be
appointed under this Act and includes a Chief
Examiner and Deputy Chief Examiner;”;
(10) by the insertion immediately after the definition of
the expression “examiner” of the following
definition:—
“ “fabricated illegally” means the fabrication
carried out on a chassis or a part of a chassis
or body or part of a body of a motor vehicle,
which causes changes to its prototype
without the prior written approval of the
Commissioner-General.”.
“fatal accident” means an accident involving a
single moving vehicle or several moving
vehicles in which one or more persons are
killed within thirty days of such accident;
“goods” includes livestock and anything (other
than equipment ordinarily used with the
vehicle) carried by a vehicle except a living
person but does not include baggage or
personal effects carried in a motor car or in a
trailer attached to a motor vehicle or the
personal baggage of passengers travelling
in the vehicle;”;
(11) by the insertion, immediately after the definition
of the expression “Grama Seva Niladhari” of the
following definitions:—
‘ “grievous injury” means an injury resulting
in one or more of the kinds of hurt
enumerated in section 311 of the Penal
Code (Chapter(19) ;
100 Motor Traffic (Amendment) Act, No. 8 of 2009
“gross vehicle weight” means the total weight of
the vehicle and load certified and registered
by the registering authority as permissible
for that vehicle;
(12) by the insertion, immediately after the definition
of the expression “hand tractor” of the following
definition:—
“ “heavy motor coach” means a combination of
a motor coach having a seating capacity of
not more than thirty three seats inclusive of
the driver’s seat and its trailer and having a
maximum authorized tare weight exceeding
seven hundred and fifty kilograms or a
combination of two motor coaches ;
“heavy motor lorry” means a combination of a
motor lorry and trailer, or trailer or an
articulated vehicle and its trailer and such
trailer having an authorized tare weight in
excess of seven hundred and fifty kilograms
and such motor lorry and trailer or trailers or
articulated vehicle and trailer or trailers
having a gross vehicle weight in excess of
three hundred and fifty kilograms;”;
(13) by the repeal of the definition of “highway”;
(14) by the insertion, immediately after the definition
of “heavy motor lorry” of the following
definitions:—
“ “Inspection Certificate” means a Certificate
granted by an officer authorized by the
Commissioner-General where, after an
examination of a motor vehicle, he is
Motor Traffic (Amendment) Act, No. 8 of 2009 101
satisfied that the body, engine and the chassis
of the vehicle conforms to the provisions of
this Act and regulations made thereunder;
“inspection and testing centre” means an
inspection and testing centre approved by
the Commissioner-General under
section195;
“instructor” includes an assistant instructor ; and
“instructor’s licence” includes an assistant
instructor’s licence;
(15) by the substitution for the definition of the
expression “land vehicle” of the following
definition:—
““land vehicle” means a mechanically or
electrically propelled vehicle or a vehicle
propelled by solar energy or a vehicle
propelled by liquid petroleum gas,
including a vehicle including a trailer the
gross vehicle weight of which does not
exceed three thousand five hundred
kilograms and which is constructed wholly
or mainly for use on land in connection with
an agricultural purpose or the carriage of
construction material and garbage;”;
(16) by the insertion, immediately after the definition
of the expression “land vehicle” of the following
definitions :—
“lap belt” means a seat belt designed to provide
pelvic restraint only ;
102 Motor Traffic (Amendment) Act, No. 8 of 2009
“lap-sash seat belt” means a seat belt combining
a lap strap designed to provide pelvic
restraint and the torso strap designed to
provide upper torso restraint;”;
(17) by the repeal of the definition of the expression
“Licencing Authority” and the substitution of the
following definition therefor:—
“Licencing Authority” means the authority
empowered to issue revenue licences under
the Constitution of the Democratic Socialist
Republic of Sri Lanka;
(18) by the insertion, immediately after the definition
of the expression “Licensing Authority” of the
following definition:—
“light motor coach” means a motor vehicle not
being a motor ambulance or motor hearse
having a seating capacity of ten or more
persons and less than thirty four persons,
including of the driver’s seat and their effects
and includes a trailer so constructed or
adapted of which the authorized tare does
not exceed seven hundred and fifty
kilograms ;
“light motor lorry” means a motor lorry the gross
vehicle weight of which exceeds 3500
kilograms and does not exceed 17000
kilograms and which may be combined with
a trailer having a minimum authorized tare
which does not exceed 750 kilograms, and
includes a motor hearse and ambulance;”;
(19) by the repeal of the definition of “lorry” ;
Motor Traffic (Amendment) Act, No. 8 of 2009 103
(20) by the insertion, immediately after the definition
of “local authority” of the following definition :—
“ “manufacturer” means a person who is engaged
in the business of building bodies for
attachment to chassis in an approved
factory;”;
“ “manufactured, innovated, adapted , modified
or the construction of which has been
changed illegally” means the manufacture,
innovation, adaptation, modification or the
change of construction of a motor vehicle
without the prior written approval of the
Commissioner-General, under subsection (2)
of section 19A”;
(21) by the substitution for the definition of the
expression “moped” of the following definition:—
“ “moped” means a motor cycle with an internal
combustion engine having a cylinder
capacity not exceeding fifty cubic
centimetres and which is equipped with
pedals by means of which it can be
propelled;”;
(22) by the repeal of the definition of “motor coach”
and the substitution of the following definitions
therefor :—
“motor coach” means a motor vehicle not being
a motor ambulance or motor hearse having a
seating capacity of more than thirty three
persons (including the driver) and their
effects and includes a trailer so constructed
or adapted which does not exceed seven
hundred and fifty kilograms;
104 Motor Traffic (Amendment) Act, No. 8 of 2009
“motor cycle” means a motor vehicle, including
a moped other than a motor tricycle or a
motor tricycle van designed to travel on not
more than three wheels, and having a tare
which together with the tare of any side car
attached thereto, does not exceed two
hundred and fifty kilograms ;”;
(23) by the insertion, immediately after the definition
of the expression “Motor hearse” of the following
definition:—
“motor lorry” means a motor vehicle constructed
or adapted wholly or mainly for the carriage
of goods the gross vehicle weight of which
is more than 17000 kilograms and which may
be combined with a trailer so constructed or
adapted having a maximum authorized tare
which does not exceed 750 kilograms;”;
(24) by the repeal of the definition of “motor tricycle”
and “motor tricycle van” and the substitution of
the following definitions therefor:—
“motor tricycle” means a motor vehicle designed
to travel on three wheels and having a tare
which does not exceed 500 kilograms and
which is constructed wholly or mainly for
the carriage of passengers;
“motor tricycle van” means a motor vehicle which
is designed to travel on three wheels and
having a tare which does not exceed 500
kilograms the gross vehicle weight of which
does not exceed 1000 kilograms and which
is constructed or adapted wholly or party for
the carriage of goods;”;
Motor Traffic (Amendment) Act, No. 8 of 2009 105
(25) by the repeal of the definition of “motor vehicle”
and the substitution therefor of the following
definition :—
“motor vehicle” means—
(a) any mechanically and/or electrically,
and/or solar energy propelled vehicle or
vehicle propelled by liquid petroleum gas
or vehicle propelled by alternative fuel
including a tractor or trailer which is
intended or adapted for use on roads but
does not include a road-roller ;
(b) any mechanically and/or electrically
and/or solar energy propelled vehicle, or
vehicle propelled by liquied petroleum
gas or vehicle propelled for altenative fuel
or intended for use on land in connection
with an agricultural or constructional
purpose such as leveling dredging,
earthmoving, forestry or any similar
operation but does not include a road-
roller;”;
(26) by the substitution for the definition of the
expression “owner” of the following new
definition:—
“owner” in relation to a motor vehicle means a
person in whose name a motor vehicle stands
registered and where such person is a minor,
the guardian of such minor and in relation to
a motor vehicle which is the subject of a
hire purchase agreement or an agreement of
lease or an agreement of hypothecation, the
person in possession of the vehicle under
that agreement;”;
(27) by the insertion, immediately after the definition
of the expression “passenger” of the following
definition:—
““permit” means a permit issued by the
Commissioner-General”;
106 Motor Traffic (Amendment) Act, No. 8 of 2009
(28) by the insertion, immediately after the definition
of the expression “private coach” of the following
definitions :—
“public place” means a road, street, way or other
place, whether a thoroughfare or not to
which the public have a right of access, and
includes any place or stand at which
passengers are picked up or set down by an
omnibus ;
“public service vehicle” means any motor
vehicle used or adapted to be used or kept
for the carriage of passengers for a fee or
reward ;”;
(29) by the insertion immediately after the definition of
the expression “register” of the following
definition :-
“registered owner” in relation to a motor vehicle
or a trailer means a person in whose name
such motor vehicle or trailer is registered;”;
(30) by the insertion, immediately after the definition
of “repealed Ordinance” of the following
definitions :-
“road” means the entirety of any public way or
any other road to which the public has
access and includes a national highway,
express way and restricted access highway
and any bridge or culvert over which such
road passes ;
“sash guide” means a system of one or more
devices which locate the torso strap of a lap-
sash seat belt;
Motor Traffic (Amendment) Act, No. 8 of 2009 107
“seat belt” means an arrangement of straps, anchor
fittings securing buckle, adjusting devices,
and at least one sash guide device designed
to restrain a motor vehicle occupant in the
event of an impact or accident ;
“special purpose vehicle” means a mechanically
propelled vehicle specially constructed for
purposes of agriculture, construction or
loading and unloading of goods ;
“stopping place” means a place set out under
any law as a place at which omnibuses may
be halted for the purpose of picking up or
setting down passengers ;
“strap” means a part of a seat belt designed with
flexure to facilitate correct and comfortable
wearing;”;
(31) by the insertion, immediately after the definition
of the expression “trailer” of the following
definition:—
“vehicle” means a conveyance that is designed
to be propelled or drawn by any means,
whether or not capable of being so propelled
or drawn and includes a bicycle or other
peddle powered vehicle and trailer carriage,
cart, coach, tram car and mechanically
propelled and/or electrically and/or solar
energy propelled vehicle or vehicle
propelled by liquid petroleum gas or vehicle
propelled by alternative fuel and any
artificial contrivance used or capable of being
used as a means of transportation on land
but does not include a railway locomotive.”.
108 Motor Traffic (Amendment) Act, No. 8 of 2009
Amendment of 72. Section 241 of the principal enactment is hereby
section 241 of amended by the addition immediately after subsection (2)
the principal
thereof of the following subsections which shall have effect
enactment.
as subsections (3), (4), (5), (6) and (7) thereof :—
“(3) A person who on the date of the commencement
of this Act, carries on the business of manufacturing,
assembling, fabricating, innovating, adapting,
modifying or changing the construction of a motor
vehicle as the case may be, shall within three months
from the date of commencement of this Act, apply in
the prescribed Form to the Commissioner – General,
accompanied by the prescribed fee, and obtain the
written approval of the Commissioner – General for
such business of manufacturing, assembling,
fabricating, innovating, adapting, modifying or
changing the construction of a motor vehicle as the
case may be.
(4) A person who, before the date of commencement
of this Act, has carried on the business of
manufacturing, assembling, fabricating, innovating,
adapting, modifying or changing the construction of
a motor vehicle as the case may be, and who has not
registered any motor vehicle so manufactured,
assembled, fabricated, innovated, adapted, modified,
or the construction of which has been changed, shall
apply in the prescribed Form to the Commissioner –
General, accompanied by the prescribed fee, and
obtain the written approval of the Commissioner –
General for such manufacture, assembly, fabrication,
innovation, adaptation, modification, or change of
construction of a motor vehicle as the case may be, of
which has been changed,
(5) The Commissioner – General, may upon an
application made in the prescribed Form under section
3 or 4 and on payment of the prescribed fee, grant
approval for the manufacture, assembly, fabrication,
innovation, adaptation, modification, or change of
construction of a motor vehicle as the case may be.
Motor Traffic (Amendment) Act, No. 8 of 2009 109
(6) The Commissioner – General shall, where he is
satisfied that the applicant has carried on the business
of manufacturing, assembling, fabricating, innovating,
adapting, modifying or changing the construction of
a motor vehicle—
(a) in an improper or unsatisfactory manner;
(b) in such manner as in not in conformity with
the provisions of this Act or any regulations
made thereunder, or in regard to the standard
of safety, design, construction, or any
conditions or equipment thereof; or
(c) in such manner as is likely to endanger road
safety or the environment,
refuse to grant the written approval referred to in
subsection (1) and subsection (2) by notice in writing.
(7) Any person aggrieved by the decision of the
Commissioner – General in refusing to grant written
approval under this section may, within fourteen days
of the receipt by him of such notice of refusal, appeal
in writing to the Tribunal, whose decision thereon shall
be final.”.

110 Motor Traffic (Amendment) Act, No. 8 of 2009
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