MOTOR TRAFFIC

(1) No person shall possess or use a motor vehicle unless that vehicle is registered, and the person for the time being entitled to the possession of the vehicle is registered as the owner thereof, in accordance with the provisions of this Part.

(2)The possession by a dealer of a motor vehicle imported by him into Sri Lanka 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 highway.

(2A) The possession by a manufacturer of a motor vehicle in SRI Lanka 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 highway.

(3) The possession or use of a motor vehicle by a person for the time being entitled to the possession thereof shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is lawfully used under the authority of a dealer’s licence issued under Part III and is identified by a distinctive number assigned for the purpose.

(4) The possession of a motor vehicle by a person (not being a manufacturer or a dealer) by whom the vehicle was imported into sri Lanka shall be deemed not to be a contravention of subsection (1), if, but only if, that person has made application for the registration of that vehicle and while the application is pending, its use is authorized by the Commissioner under section 18A .

(5) The use of a motor vehicle which upon importation into Sri Lanka is used on a highway only for the purpose and in the course of removal from the customs premises shall be deemed not to be a contravention of subsection (1).

(6) The use of a motor vehicle while it is being driven to or from any place specified by the Commissioner for the purpose of inspection or while it is being tested by the direction of the Commissioner for the purpose of registration shall be deemed not to be a contravention of subsection (1)

(7) The use of a motor vehicle under the authority of a visitor’s temporary licence issued under Part III shall be deemed not to be a contravention of subsection (1).

(8) The possession or use by the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board Law of a motor coach, hiring car or a lorry shall be deemed not to be a contravention of subsection (1) so long as that coach or car or lorry is not used on any highway for the carriage of persons or goods for fee or reward.

(9) The possession of a motor vehicle under the provisions of the proviso to section 12 (2) shall be deemed not to be a contravention of subsection (1) of this section so long as the vehicle remains under the contract of rental or hiring;

(1) No motor vehicle shall be registered unless that vehicle complies with all the provisions of regulations made under this Act as to the construction, weight, dimensions and equipment of motor vehicles which are applicable to vehicles of the class or description to which that vehicle belongs.

(2) No motor vehicle shall be registered as a motor car if the tare of that vehicle exceeds two and one-half metric tons.

(1) No motor coach shall be registered unless the person for the time being entitled to the possession of that motor coach is

(2) No person shall be registered as the owner of a motor coach unless that person is the Sri Lanka Central Transport Board or a Regional Transport Board, established under the Transport Board Law, No. 19 of 1978, or the holder of

(3) Notwithstanding the provisions of sub section (2) the Commissioner may register as the owner of a motor coach a person who intends to let out that motor coach to a person who is eligible to be registered under subsection (2)

(1) A motor coach which is to be registered under this Part-

(2) A motor vehicle which is to be registered under this Part and-

(a) The Commissioner shall keep a register of all motor vehicles registered under this Act and shall enter or cause to be entered therein, in the prescribed form particulars relating to each such vehicle.

(b) Regulations may be made requiring the Commissioner to keep separate registers of different classes of motor vehicles or of motor vehicles intended to be usually kept or used in different areas.

(1) Every application for the registration of a motor vehicle shall be made to the Commissioner substantially in the prescribed form, shall be signed by the person for the time being entitled to the possession of the motor vehicle, and 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.

(2) Every applicant for the registration of a motor vehicle, other than a motor cycle, shall, if required to do so by the Commissioner, furnish proof of the weight of the motor vehicle to the satisfaction of the Commissioner.

(3) Notwithstanding anything in subsection (1) to the contrary, any dealer in motor vehicles, who is authorized in writing for the purpose by a person who is absent from Sri Lanka, may make application on behalf of that person for the registration of a motor vehicle, and in any such case the application shall for the purposes of this section and of section 9 (1) be deemed to have been signed and made by that person.

(4) The application for the registration of a motor vehicle which is let under a hire purchase or leasing agreement shall be forwarded to the Commissioner by the person who so let that vehicle. Every such application shall be accompanied by a statement in the prescribed form, and by the prescribed fee for the entry in the register, as required by subsection (5) of section 9 of the name of that person as the absolute owner thereof.

(1) Upon the registration of a motor vehicle* the Commissioner shall

(2) Where the ownership of a motor vehicle (other than a motor vehicle which is let under a hire-purchase agreement) is claimed by two or more persons, the Commissioner shall register as the owner of the vehicle-

Provided that nothing in the preceding provisions of this subsection shall be deemed or construed to authorize the Commissioner to register a person as owner of a motor coach in contravention of the provisions of section 4.

(3) In any case referred to in subsection (2), the Commissioner may also enter in the register the names of the other claimants to the ownership of the vehicle, but no such entry of the name of any claimant shall be deemed to affect any liability which the person registered as the owner may incur under any of the provisions of this Act or to vest in such claimant any of the rights or powers conferred by this Act upon the registered owner of a motor vehicle.

(4) The decision of the Commissioner under paragraph (b) of subsection (2) shall be final and conclusive for the purposes of this Act; but shall not be deemed to prejudice or to affect in any way the right of the other claimants to the ownership of the vehicle to cause their claim to be determined by an action at law, and the final determination in any such action shall be binding upon the Commissioner.

(5) At the time of the registration of a motor vehicle which is let under a hire purchase or leasing agreement, the Commissioner shall also enter in the register the name of the person who so let the vehicle as the absolute owner thereof, but no such entry of the name of any person as absolute owner shall be deemed-

(6) The entry required by subsection (5) shall be made in the space provided in the register for the entry of the names of the other claimants, if any, to the ownership of a motor vehicle.

(7) Within a period of fourteen days after the due settlement of liabilities of a hire-purchase agreement in respect of a motor vehicle, the person who so let that vehicle shall forward to the Commissioner a written application for the deletion from the entry in the register relating to that vehicle of the same of the absolute owner thereof entered under subsection (5). Such application shall be accompanied by the prescribed fee for such deletion.

(1) The registered owner of a motor vehicle shall, whenever required by the Commissioner-

(2) The registered owner of a motor vehicle shall-

(1) On any change of possession of a motor vehicle consequent on the death of the registered owner-

(2) On any change of possession of a motor vehicle, other than a motor coach or lorry, upon a voluntary transfer made by the registered owner a-

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 rental or hiring where the period of rental or hiring docs not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.

(3) On any change of possession of a motor coach or lorry upon a voluntary transfer made by the registered owner-

(4) On any change of possession of a motor vehicle otherwise than on the death of the registered owner or a voluntary transfer made by him-

(1) Every application for the registration of a new owner, upon any change of possession of any motor vehicle, shall be made in the prescribed form or in such one of the prescribed forms as may be appropriate to the case, 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 shall be signed by the person claiming to be entitled to be registered as the owner of that motor vehicle.

(2) The application for the registration of a new owner of a motor vehicle which is let under a hire purchase or leasing agreement shall be forwarded to the Commissioner by the person who so let the vehicle. The application aforesaid shall be accompanied by a statement in the prescribed form and by the prescribed fee for the entry in the register, as required by subsection (4) of section 14, of the name of that person as the absolute owner thereof.

(1) No person shall be registered as the new owner of a motor vehicle-

(2) Upon the registration of the new owner of a motor vehicle, the Commissioner shall-

Provided, however, that the Commissioner may refuse to deliver the altered revenue licence to the new owner unless a certificate of insurance or a certificate of security, in conformity with the provisions of any existing law and relating to that motor vehicle, is produced to the Commissioner or a licensing authority for inspection.

(3) Upon the registration under this section of the new owner of a motor vehicle, the motor vehicle shall not be used unless a new revenue licence is issued in respect thereof, if the revenue licence has become void under section 39.

(4) At the time of the registration of the new owner of a motor vehicle which is let under a hire purchase or leasing agreement, the Commissioner shall also enter in the register the name of the person who so let the vehicle as the absolute owner thereof, but no such entry of the name of any person as absolute owner shall be deemed-

(5) The entry required by subsection (4) shall be made in the space provided in the register for the entry of the names of the other claimants, if any, to the ownership of a motor vehicle.

(6) Within a period of fourteen days after the due settlement of liabilities of a hire-purchase agreement in respect of a motor vehicle, the person who so let that vehicle shall forward to the Commissioner a written application for the deletion from the entry in the register relating to that vehicle of the name of the absolute owner thereof entered under subsection (4). Such application shall be accompanied by the prescribed fee for such deletion.

(1) Where a special series of distinctive numbers is determined for the purpose of assigning, under subsection (1) of section 9, a distinctive number to each motor vehicle the registered owner of which is a diplomat or which belongs to the government of any recognized foreign state, then, if the distinctive number of any such motor vehicle is not of such special series, the Commissioner shall cancel the distinctive number of that motor vehicle and assign to it a distinctive number which is of such special series.

(2) Where a person who is not a diplomat becomes the registered owner of a motor vehicle which does not belong to the government of a recognized foreign state and to which a distinctive number of the special series referred to in subsection (1) has been assigned, the Commissioner shall cancel that distinctive number and assign to that motor vehicle a distinctive number which is not of such special series.

(3) Where a motor vehicle which belongs to the government of a recognized foreign state and the distinctive number of which is of the special series referred to in subsection (1) ceases to belong to that government, the Commissioner shall, unless a diplomat becomes the registered owner, or the government of any other recognized foreign state becomes the owner, of that motor vehicle, cancel that distinctive number and assign 10 that motor vehicle a distinctive number which is not of such special series and where a diplomat of a state other than the state to which the diplomat who is the registered owner becomes the owner or any other recognized foreign state becomes the owner the Commissioner shall cancel that distinctive number and assign to that motor vehicle such distinctive number as he may determine.

(4) In this section “diplomat” means the diplomatic representative in Sri Lanka of the government of any other country, or any person who is a member of the diplomatic staff of such diplomatic representative.

(1) Where the registered owner of a motor vehicle is absent from Sri Lanka, that motor vehicle shall not be used at any time after the expiration of a period of two months from the date of his departure from Sri Lanka and until his return to Sri Lanka unless the Commissioner has under subsection (2) registered a person as the temporary owner of that vehicle.

(2) The Commissioner may register a person as the temporary owner of a motor vehicle-

(3) Notwithstanding anything in the preceding provisions of this section, no person shall be registered as the temporary owner of a motor coach except with the prior approval of the Commissioner ; and the Commissioner may refuse to grant such approval in any case where he is not in his discretion satisfied that the motor coach will during the essence of the registered owner be used solely for the purposes of the business which the registered owner is Authorized by a permit granted under Part IV to use that motor coach. ‘The provisions of subsection (2) of section 4 shall not apply in the case of the lustration under this section of any person its the temporary owner of a motor coach.

(4) No person shall be registered for any period as the temporary owner of a motor vehicle under this section except upon payment of the prescribed fee. Any person so registered shall be deemed for the purposes of this Act to be the registered owner of the motor vehicle during that period.

(5) No person shall be registered under this section as the temporary owner of a motor vehicle unless the certificate of registration and the revenue licence relating to that vehicle are delivered to the Commissioner.

(6) Upon the registration under this section of any person as the temporary owner of a motor vehicle, the Commissioner shall endorse the certificate of registration in the prescribed manner and deliver it to that person, together with the amended revenue licence for that vehicle.

(6A) Where the registered owner of a motor vehicle . (hereafter in this subsection referred to as the “absent owner”) is absent from Sri Lanka and a person is registered as the temporary owner of that motor vehicle under this section, such temporary owner shall not make a voluntary transfer effecting a change of possession of that motor vehicle without the written consent of the absent owner or of the duly appointed attorney of the absent owner ; and any such transfer made without such written consent shall be null and void.

(7) The registered owner of any motor vehicle in respect of which a temporary owner has been registered under this section, shall, on his return to Sri Lanka, deliver to the Commissioner the revenue licence and the certificate of registration issued under subsection (6) to the temporary owner, and shall apply, in the prescribed form, to be reregistered as the owner of that motor vehicle, and the Commissioner shall, unless his registration as owner thereof is prohibited by section 4 (2), upon payment of the prescribed fee, reregister him accordingly, and shall amend and deliver to him a certificate of registration and shall amend and deliver to him the revenue licence for that vehicle.

(1) A certificate of registration shall be prima facie evidence of the due registration of the motor vehicle to which the conflict relates and of the particulars appearing in the certificate.

(2) A copy of, or an extract from, any entry in the register, if purporting to be made under the hand of the Commissioner or any other officer authorized in that behalf by the Commissioner shall be received as prima facie evidence of the due registration of the motor vehicle to which the entry relates and of the particulars appearing therein including particulars as to the ownership of that vehicle.

(1) Regulations may be made prescribing the requirements as to construction, weight, dimensions and equipment of motor vehicles. Any such regulation may be expressed to be applicable to motor vehicles generally or to any specified class or description of motor vehicles.

(2) Regulations may also be made providing for the issue by the Commissioner, whether free of charge or on payment of the prescribed fee, of permits exempting motor vehicles of any class or description from any such requirements where he considers it necessary to do so in the public interest. Such exemption shall be subject to such conditions as may be inserted in such permits relating to the safety or convenience of the public or the prevention of injury to or excessive wear of any highway or any bridge on any highway.

(3) The Commissioner may revoke or suspend any permit issued under any regulation made under subsection (2) on the ground that any of the conditions attached to the permit has not been complied with.

(1) Every identification plate required by section 21 shall be fixed and maintained in an upright position on the motor vehicle, with the upper edge of the letters and figures upwards.

(2) No part of any identification plate shall be obscured in any manner.

(1) No person shall possess or use a motor vehicle for which a revenue licence is not in force.

(2)The person who for the time being is, or is deemed under Part I to be, the registered owner of a motor vehicle shall, for the purposes of subsection (1), be presumed, unless the contrary is proved, to possess that vehicle.

(3) The possession by a dealer of a motor vehicle imported by him into Sri Lanka 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 highway except under the authority of a dealer’s licence.

(3A) The possession by a manufacturer of a motor vehicle in Sri Lanka 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 highway.

(4)The possession of a motor vehicle by a person for the time being entitled to the possession thereof shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is lawfully used under the authority of a dealer’s licence and is identified by a distinctive number assigned for the purpose.

(5) The possession of a motor vehicle by a person (not being a dealer) by whom the vehicle was imported into Sri Lanka shall be deemed not to be a contravention of subsection (1), if, but only if, that person has applied for a revenue licence and such application has not been finally determined.

(6) The use of a motor vehicle which upon importation into Sri Lanka is used on a highway only for the purpose and in the course of removal from the customs premises shall be deemed not to be a contravention of subsection (1).

(7) The possession by a person of a motor vehicle in respect of which notice of a period of non-user has been given under section 37 shall be deemed not to be a contravention of subsection (1), if, but only if, the motor vehicle is not used in any place during that period.

(8) The Commissioner may issue a permit authorizing the removal of any motor vehicle for the purpose of repairs or for the purpose of compliance with any provision of this Act or for any other specified purpose on a specified date from a specified place and the use of that motor vehicle for the purpose of such removal in accordance with a permit so issued shall be deemed not be a contravention of subsection (i).

(9) When the revenue licence for a motor vehicle becomes void under section 39, the possession of that motor vehicle by the owner thereof shall be deemed not be a contravention of subsection (1) if he has applied for a new revenue licence for that motor vehicle and the application has not been finally determined or if he has given notice of a period of non-user under section 37.

(10) The possession or use by the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board Law of a motor coach, a hiring car, or a lorry shall be deemed not to be a contravention of subsection (1) so long as that coach, hiring car or lorry is not used on the highway for the carriage of passengers or goods for fee or reward.

(1) A revenue licence to be issued under this Part for a motor vehicle shall be a licence of one, or a combination of one or more, of the following descriptions, that is to say, a motor car licence, a private coach licence, an omnibus licence, a motor tricycle licence, a lorry licence, a motor tricycle van licence, a motor cycle licence, a motor hearse licence, a motor ambulance licence, an invalid carriage licence, a hand tractor licence, or a land vehicle licence, and shall be issued having regard to the class or description of motor vehicles to which that vehicle belongs.

(2) Nothing in subsection (1) shall be deemed to affect or restrict the issue of dealer’s licences under section 42, or of visitor’s temporary licences under section 44.

(1) No revenue licence for any motor vehicle shall be issued by any licensing authority unless the certificate of or registration relating to that vehicle is produced and unless the name of that authority is contained in the certificate, and unless the particulars contained in the application for the licence are identical with the corresponding particulars contained in the certificate:

Provided, however, that the licensing authority may, if he thinks fit, dispense with the production of the certificate of registration in the case of any motor vehicle for which a revenue licence in respect of any year is to be issued to any person to whom a revenue licence for that motor vehicle in respect of the preceding year has been issued by that authority.

(2) No revenue licence for any motor vehicle, other than a trailer, shall be issued by any licensing authority unless a certificate of insurance or a certificate of security, in conformity with the requirements of Part VI and relating to that vehicle, is produced to that authority by the applicant.

(1) No omnibus licence shall be issued under this Part except for an omnibus the registered owner of which is the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board Law, No. 19 of 1978, or is the holder of a certificate of eligibility for stage carriage permits for occasional omnibus services.

(2) No private coach licence shall be issued under this Part except for a private coach the registered owner of which is the holder of a private coach permit authorizing the use of that coach.

(1) Every application for a revenue licence (other than a dealer’s licence: or visitors temporary licence) for a motor vehicle shall

(1A) Where in respect of any motor vehicle an application is made for a new revenue licence which is necessary by reason of section 39, there shall be attached to such application a statement of the circumstances which necessitate a new licence and the licence which has been void under that section except where such licence has already been sent to the licensing authority.

(2) Where application for a revenue licence for a motor vehicle is required under subsection (1) to be made before any day or before the expiry of any period, as the case may be. and there is delay in making the application, the licensing authority may in his discretion, on proof to his satisfaction that the delay is due to any error, accident or misfortune, and, on payment of the full amount of the licence fee which would under this Part have been payable on the licence if it had been issued on an application duly made under that subsection, issue a revenue licence expressed to be in force from the date of such issue ; and in any case where a revenue licence for any motor vehicle has been issued under this subsection, no prosecution shall be instituted against any person for any contravention of section 25 (1) in respect of that vehicle during the period of such delay and where a prosecution has been instituted before the date of such payment the Magistrate skill discharge such person.

(1) The licence fee on a yearly revenue licence (other than a dealer’s licence), which is to come into force on the first day of January in any year, for a motor vehicle of any class or description shall be determined according to the prescribed rates for motor vehicles of that class or description.

(2) Where any revenue licence for a motor vehicle other than a dealer’s licence, is to come into force after the first day of January and before the first day of March in any year, the amount of the fee payable on that licence shall be the same as the amount payable on a yearly revenue licence for that motor vehicle under subsection (1).

(3) Where-

(4) No licence fee shall be payable on a revenue licence for a motor vehicle belonging to or exclusively used in the service of the Government of Sri Lanka or belonging to the Government of any foreign state, as the Minister, after reciprocal arrangements in that behalf have been made, may from time to time specify by Notification published in the Gazette or belonging to the representative in Sri Lanka (by whatsoever name, title or designation called) of the Government of any foreign state so specified or the Trade Commissioner or consular officer in Sri Lanka of any such Government or persons on the staff of any such representative or Commissioner or consular officer.

(5) Where the licence fee for the revenue licence for a motor vehicle is paid to a licensing authority and before that licence is issued a change of possession of that motor vehicle occurs, then, if the new registered owner of that motor vehicle produces a receipt for the payment of that fee and a certificate from the licensing authority has not been issued, no licence fee shall be payable by that registered owner.

(6) Where the amount paid by any person as licence fee for the revenue licence issued to him is less than the full amount payable for that licence, the licensing authority may be notice in writing, require such person to pay on or before the date specified in the notice the sum specified therein, such sum being an amount equal to the difference between the full fee payable for that revenue licence and the fee actually paid for that licence.

(7) Any person who fails to comply with the requirements of a notice given to him under subsection (6) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than two thousand and not exceeding five thousand rupees, and the court may in addition to any such fine as the court may impose, order that person to pay the sum specified in that notice and such sum may be recovered in the same manner as a fine imposed by that court.

(1) In any case whereto) the stage carriage permit under the authority of which an omnibus is used ; or (b) the private coach permit which authorizes the use of any private coach, is due to expire before the thirty-first day of December in any year, the revenue licence issued for that year under this Part for that omnibus or private coach, as the case may be, shall notwithstanding anything in section 32, be and be expressed to be in force only until the date on which the permit is due to expire:

Provided that if the registered owner of that omnibus or private coach at any time before the date of expiry of the revenue licence becomes the holder of a stage carriage permit or a private coach permit, as the case may be, which is valid until some date not earlier than the thirty-first day of December of the year in respect of which that licence was issued-, the licensing authority by whom the licence was issued shall, on application made in that behalf by such owner before the date of expiry of the licence and on payment of the amount of fee calculated as hereinafter provided by endorsement under his hand on the licence. extend the period of its validity until the thirty-first day of December aforesaid and accordingly the licence shall continue in force until that date.

(2) Where a revenue licence for an omnibus or private coach issued in respect of any year is, in accordance with subsection (1), due to expire before the thirty-first day of December of that year, the fee payable on that licence shall, save as is otherwise provided in subsection (2) of section 31, be the fee payable under subsection (1) of that section on a yearly licence, reduced by one-twelfth, part for each complete calendar month of the period commencing on the first day of the month succeeding the month in which the licence is due to expire and ending on the thirty-first day of December aforesaid :

Provided that where the period of validity of such a licence is extended under the provisions of subsection (1) until the thirty-first day of December aforesaid, a further fee shall be payable on that licence and the amount of that fee shall be the amount by which the fee payable on a yearly licence under subsection (1) of section 31 exceeds the amount actually paid on that licence at the time of issue thereof.

(1) The licensing authority shall specify In every revenue licence issued by the authority

(2) For the purpose of determining the maximum number of persons or passengers, as the case may be, that may be carried on a private coach or an omnibus

(1)

(2) The registered owner of a motor vehicle, in respect of which notice of a period of non-user has been given under subsection (1), may by written notice given before the expiry of that period further extend the period :

Provided, however, that where any written notice purporting to extend a period of non-user is given within seven days after the date of the expiry of that period, the licensing authority, if he is satisfied that the delay in giving such notice was due to any error, accident or misfortune, may in his discretion accept such notice as notice duly given before the expiry of that period ; and the period of non-user shall be deemed to be extended accordingly.

(3) Every notice under this section shall be accompanied by the prescribed fee and dispatched by registered post or delivered in person to the licensing authority, and the licensing authority shall in every case where a notice is delivered in person issue a written acknowledgment of the receipt thereof.

(4) The period of non-user specified in any notice under this section shall not extend beyond the thirty-first day of December of the year in respect of which the notice is given.

(5) Where any person is registered under Part I as the new owner or the temporary owner of a motor vehicle, in respect of which notice of a period of non-user has been given under this section, that notice shall cease to be operative on the date of the registration of such new owner or temporary owner.

(5A) Where a person has not specified the period of non-user in any notice given under subsection (1) but, within fourteen days after the date of giving that notice, specifies that period in writing, he shall be deemed to have specified that period in that notice.

(6) For the purposes of this Part, ” period of non-user ” means any period specified in a notice given under subsection (1), and where any such period is extended or deemed to be extended under subsection (2), includes the period so extended or deemed to be extended.

(a) be displaced oil the front of the motor vehicle and placed in a conspicuous position on the left or near side of the motor vehicle, so that the front of the licence and the writing thereon shall be clearly visible at all times to a person standing in front of the motor vehicle on the left or near side thereof ; and

(b) be made available for inspection on demand made by a police officer, Gram Siva Niladhari, or examiner, of by any person authorized in writing by the Commissioner or the licensing authority :

Provided, however, that the revenue licence shall be removed from the vehicle and produced when required by a court or the Commissioner for endorsement or retention.

(1) The revenue licence for any motor vehicle shall become void if that motor vehicle is so altered that it is converted into a motor vehicle requiring a revenue licence

(2) The revenue licence for any motor vehicle shall become void on the date of the coming into force of a new revenue licence issued for that motor vehicle in order to authorize the use of that motor vehicle for a purpose not authorized by the first- mentioned revenue licence.

(3) A revenue licence to which subsection (4) of section 31 applies shall become void if in consequence of a change of possession of the motor vehicle for which that revenue licence has been issued, the said subsection ceases to apply to that revenue licence.

(4) A new revenue licence-

(1) The holder of a revenue licence may surrender it for cancellation to the licensing authority who issued it.

(2) Where, while the revenue licence for a motor vehicle is in force, the registration of that motor vehicle is cancelled under section 18, the holder of that revenue licence may surrender it for cancellation to the licensing authority who issued it.

(3) Where a revenue licence

(4) Where it is necessary to make any alteration in a revenue licence, the licensing authority who issued that revenue licence, may in writing order the holder of that revenue licence to return such licence to him for the purpose of making that alteration.

(5) The holder of a revenue licence in respect of whom an order under subsection (3) or subsection (4) is made shall con ply with that order within fourteen days after it is communicated to him.

(6) Where a revenue licence-

(1) Where a new revenue licence which is necessary by reason of section 37 (l) is issued for any motor vehicle the person to whom the revenue licence which is replaced by the new revenue licence was issued shall be entitled to obtain from the licensing authority who issued the replaced revenue licence, a refund, subject to the deduction of a sum of five rupees of one- twelfth part of the duty, paid by that person for the replaced revenue licence, in respect of each complete calendar month of the period commencing on the first day of the month succeeding the month in which the replaced revenue licence became void and ending on the thirty-first day of December next following.

(2) Where the holder of a revenue licence for a motor vehicle, other than a revenue licence replaced by a new revenue licence which is necessary by reason of section 37, surrenders it for cancellation to the licensing authority who issued it, he shall be entitled to obtain from that licensing authority a refund, subject 1o the deduction of a sum of five rupees, of one-twelfth part of the duty paid by that person for the surrendered revenue licence, in respect of each complete calendar month of the period commencing on the first day of the month succeeding the month in which the licence is surrendered and ending on the thirty-first day of December next following.

(3) If any person who has paid to a licensing authority the licence fee for a revenue licence for a motor vehicle satisfies the licensing authority at any time before the issue of the revenue licence that such person is not required under this Act to obtain such licence, he shall be entitled to a refund of that fee from that licensing authority.

(4) Where an applicant for a revenue licence pays to a licensing authority in revenue stamps, money or otherwise as the licence fee for that licence any sum in excess of that fee, he shall be entitled to obtain a refund of such excess from that licensing authority.

(1).

(2).

(3)A dealer’s licence issued by any licensing authority shall be valid, for the purposes of this Act, only so long as the person to whom the licence was issued carries on business as a dealer in, or manufacturer or repairer of, motor vehicles at a registered garage or place of business situated within the administrative areas of that authority.

(4) Subject to the provisions of subsection (3), a dealer’s licence shall be valid until the thirty-first day of December of the year in respect of which it is issued.

(5) A licensing authority shall not issue any dealer’s licence in any year to any person who is not the holder of a dealer’s certificate for that year.

(1) A dealer’s licence shall authorize the use of a motor vehicle which belongs to the dealer or is entrusted to him for sale or repair, and is being tested or is being used for the purposes of effecting a sale : Provided, however, that no such licence shall be deemed to authorize the carriage on any motor vehicle of passengers or goods for fee or reward, or of any person other than a person testing or inspecting the vehicle with a view to the purchase thereof.

(2) A motor vehicle sold by a person who is the holder of a dealer’s certificate may, under the authority of a dealer’s licence issued to that person, be used by the purchaser of the motor vehicle during the ten days next following the sale for any purpose other than the carriage of passengers or goods for fee or reward :

Provided, however, that the use of the motor vehicle by the purchaser under the authority of a dealer’s licence shall be, and shall be deemed to have been, a contravention of the provisions of section 25, unless the purchaser, within the three days next following the sale-

(3) Where any motor vehicle is used under the authority of a dealer’s licence-

(4) Where a motor vehicle, sold by a person who is the holder of a dealer’s certificate, is used after the sale under the authority of a dealer’s licence issued to that person, the revenue licence subsequently issued for the motor vehicle shall be expressed to have come into force on the date of the sale, and the duty payable thereon shall be computed accordingly.

(5) The holder of a dealer’s certificate-

(1) The Commissioner, if ha is satisfied, upon application made in the prescribed form, that any motor vehicle has been imported into Sri Lanka- –

(2) The powers conferred on the Commissioner by paragraph (b) of subsection (1) may

(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.

(4) No visitor’s temporary licence shall be issued under this section except upon payment of the prescribed fee ; and every fee paid for a temporary licence shall be credited to the Consolidated Fund.

(1) No person shall use any motor vehicle for any purpose not authorized by the revenue licence for the time being in force for that vehicle, or in contravention of any of the conditions contained in that licence.

(2) The Commissioner may issue a permit for the purpose of –

(3) Regulations may be made empowering the Commissioner, in any case not provided for in subsection (2), to issue a permit authorizing the use of any motor vehicle for any specified purpose not authorized by the revenue licence for the time being in force for that vehicle, and prescribing the conditions subject to which any such permit may be issued.

(4) No person shall be deemed to have contravened the provisions of subsection (1) by reason only of the use of a motor vehicle in accordance with any permit issued under subsection (2) or under any regulation made under subsection (3).

(1) No omnibus shall, on or after the appointed date, be used on any highway except under the authority of a stage carriage permit granted by the Commissioner under this Part and for the time being in force.

(2) The provisions of subsection (1) shall not apply to an omnibus owned by the Sri Lanka Central Transport Board or any Regional Transport Board established under the Transport Board Law, No. 19 of 1978, or to any omnibus which is used by any dealer on any highway if but only if, it is so used under and in accordance with a dealer’s licence issued under Part III.

(a) a stage carriage permit for an occasional service ; and

(b) a private coach permit.

(1) Every application for a stage carriage permit shall be made to the Commissioner in such form as the Commissioner may provide for the purpose.

(2) Every applicant for a stage carriage permit shall submit together with his application, a statement in such form as the Commissioner may provide for the purpose, containing

(1) A stage carriage permit for an occasional service shall not be granted to any person other than-

(2) An application for a certificate of eligibility for occasional services may be made by any person carrying on or proposing to carry on the business of carriage of passengers on tours or excursions.

(3) Every application for a certificate of eligibility under this section shall be made to the Commissioner and shall be disposed of in his discretion.

(4)The grant to any person of a certificate of eligibility under this section shall not be deemed or construed in any way to limit or affect the right of the Commissioner to refuse any application by that person for a stage carriage permit for an occasional service.

(6) In any case where a stage carriage permit for an occasional service can lawfully be granted to any person and the Commissioner is unable to grant a permit prior to the time at which the service is proposed to be commenced, the Commissioner may orally authorize the applicant to provide the service ; and any service provided in accordance with such oral authority shall be deemed to be a service provided under a stage carriage permit if the prescribed fee for the requisite permit is paid within seven days of the date on which the service was provided.

(a) that the fares to be charged shall be such as may be specified in the permit;

(b) that the service shall be operated in accordance with a time-table specified in the permit ;

(c) that every omnibus used on the service shall be of a specified type and be maintained at ail times in a fit and serviceable condition ;

(d) that no omnibus shall be used on the service unless a certificate of fitness in respect thereof is in force for the time being ;

(e) that the requirements of any written law with, respect to the time for which drivers or conductors of omnibuses may remain continuously on duty and to their hours of work or rest and to their wages are complied within the case of the drivers and conductors of the omnibuses used under the authority of the permit ;

(f) that the speed limits prescribed by any written law and applicable in the case of omnibuses shall be observed in the operation of the service.

(1) Subject to the provisions of this section, the Commissioner may revoke any stage carriage permit or suspend any permit for any specified period on the ground that any of the conditions attached to the permit have not been complied with.

(2) The Commissioner shall not make a determination that a stage carriage permit be revoked or suspended unless satisfied that such revocation or suspension is necessary by reason of the frequency of the breach of conditions, or of any breach having been committed wilfully or to the danger of the public.

(5) The provisions of this section shall not affect or prejudice the institution or maintenance in any case of a prosecution for any offence under this Act or any other written law.

(1) The holder of a stage carriage permit shall not transfer or assign the permit to any other person.

(2) In the event of the death of the holder of a stage carriage permit, the person having the custody of the omnibus or the majority of the omnibuses used under the authority of the permit shall forthwith give notice of the death to the Commissioner; and if that person, within fourteen days of the death of the holder, makes application to the Commissioner for a new permit in substitution for the existing permit, that person shall be deemed for the purposes of this Act to be the holder of the existing permit during the period commencing on the date of the death and ending on the date of the grant or refusal of the application:

Provided, however, that no stage carriage permit shall by reason of the preceding provisions of this section be deemed to be in force at any time after the period for which the permit was granted.

(a) the procedure on applications for, and the determination of, questions in connexion with the grant, suspension and revocation of stage carriage permit!, the fees payable in respect of such applications and permits, and the manner in which such fees shall be payable;

(c) the plates and marks to be carried on omnibuses and the manner in which they are to be displayed;

(d) the records to be kept by holders of such permits in relation to the persons employed by such holder as drivers or conductors of omnibuses and to the times of the commencement and cessation of work by such persons and the intervals of rest taken by them;

(e) the documents to be carried by drivers of omnibuses and the particulars to be entered therein;

(f) the records to be kept in respect of the journeys performed by omnibuses ;

(g) the preservation of records so kept, the inspection of such records by any authority specified in the regulation, and the production for the purposes of such inspection of such records on demand made by any such authority.

(1) No private coach shall, on or after the appointed date, be used on any highway except under the authority of a private coach permit granted by the Commissioner under this Part and for the time being in force.

(2) The provisions of subsection (1) shall not apply to any private coach which is used by any dealer on any highway if, but only if, it is so used under and in accordance with a dealer’s licence issued under Part III.

(3) Every application for a private coach permit shall be made to the Commissioner in such form as he may provide for the purpose and may be granted or refused in his discretion. The determination of the Commissioner upon any such application, or in respect of any matter for which provision is made in sections 75 to 77 or in any regulation made under section 78, shall be final and conclusive.

(1) A private coach permit granted under this Part shall entitle the holder thereof to use each private coach specified in the permit for the carriage of persons and their personal luggage, otherwise than for fee or reward, for any purpose specified in the permit and in accordance with the conditions attached thereto.

(2) Regulations may be made declaring that any payment, made by a person of any prescribed description of persons and in the prescribed circumstances, in respect of the carriage of that person in a private coach shall be for the purposes of subsection (1) an exempted payment; and any such regulation may make different provisions with respect to private coaches used by persons of different descriptions or for different purposes.

A person shall not be deemed for the purposes of subsection (1) to be carried on any private coach for fee or reward by reason only that he makes or has made in respect of such carriage any payment so declared to be an exempted payment.

(1) The Commissioner shall, at the time of the grant of a private coach permit, specify therein, by reference to its distinctive number and such other particulars as he may consider necessary, each private coach the use of which is authorized by the permit: Provided, however, that in the case of a coach that has not been registered at the time of the grant of the permit, the Commissioner may specify that coach by reference to such particulars as are available, and shall in any such case enter in the permit the distinctive number and other necessary particulars prior to the issue under Part III of a revenue licence for that coach.

(2) No private coach permit shall be granted to any person authorizing the use of any private coach unless that person is the registered owner of that coach, or in a case referred to in the proviso to subsection (1), the Commissioner is satisfied that such person intends to be registered as the owner of that coach.

(a) to a person for the time being in charge of a school, in order to authorize the carriage of students of the school and of persons employed on the staff thereof; or

(b) to an airways undertaking, in order to authorize the carriage to and from airports of aircraft passengers and of persons employed in the undertaking; or

(c) to any employer, (including a department of Government or other public or local authority), in order to authorize the carriage of persons employed by or under the employer; or

(d) to any other person of any prescribed class or description of persons, in order to authorize the carriage of persons for any prescribed purpose,

(a) the particulars to be contained in applications for private coach permits, and the fees payable in respect thereof;

(b) for the conditions which shall or may be attached to such permits, the variation, modification or rescission of conditions or the addition of new conditions;

(c) for the revocation or suspension of such permits;

(d) for the duration of such permits ; and

(e) the plates and marks to be carried on private coaches and the manner in which they are to be displayed.

(1) Save as is otherwise provided in subsection (2), no person shall use or drive, cause or permit any other person to use or drive, a motor vehicle on a highway unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance, or a security, in respect of third-party risks, in conformity with the requirements of this Part.

(2) The provisions of subsection (1) shall not apply in the case of a motor vehicle belonging to the State or a local authority at any time when the motor vehicle is being used or driven for the purposes of the State service or, as the case may be, by a servant of the local authority in the course of his employment.

(1) In order to conform to the requirements of this Part a policy of insurance in relation to the use of a motor vehicle must be a policy which-

Provided that nothing in this subsection shall be deemed to require any such policy to cover-

(2) The conditions prescribed for the purposes of paragraph (a) of subsection (1) may include a condition requiring a deposit to be made by an insurer.

(3) Notwithstanding anything in any other law to the contrary, an insurer issuing a policy of insurance for the purposes of this Part shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons.

(4) A policy of insurance shall be of no effect for the purposes of this Part unless and until there is issued by the insurer to the person by whom the policy is effected a certificate in the prescribed form containing such particulars of any conditions subject to which the policy is issued and of such other matters as may be prescribed.

(5) In this Part the expression ” policy of insurance ” includes a covering note.

(1) In order to conform to the requirements of this Part a security in relation to the use of a motor vehicle must-

(2) The conditions prescribed for the purposes of paragraph (a) of subsection (1) may include a condition requiring a deposit to be made by any person or body of persons desiring to be authorized to give security for the purposes of this Part.

(3) A security shall be of no effect for the purposes of this Part unless and until there is issued, by the person or body of persons giving the security to the person to whom it is given, a certificate in the prescribed form and containing such particulars of any conditions subject to which the security is issued and of such other matters as may be prescribed.

(1) Where a certificate of insurance has been issued in connexion with a policy of insurance, so much of the policy as purports to restrict, or attach conditions, to the insurance of any person insured thereby shall, save as is otherwise provided in subsection (4), be of no effect as respects any such liability as is required to be covered by section 100 (1) (b).

(2) Any condition in a policy of insurance effected for the purposes of this Part, providing that no liability shall arise under the policy, or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy, shall be of no effect in connexion with any claims in respect of any liability mentioned in section 100 (l)(b).

(3) Nothing in subsection (1) or subsection (2) shall be deemed to render void any provision in a policy of insurance requiring the person insured to repay to the insurer any sums which the insurer may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of third parties.

(4) Nothing in subsection (1) shall apply in the case of any condition in a policy of insurance, being a condition which-

(5) Where a person, who has completed eighteen years of age, drives any motor vehicle in accordance with the conditions set out in section 123 (2) for the purpose of learning to drive a motor vehicle, no condition inserted under paragraph (c) (ii) of subsection (4) in the policy of insurance relating to that vehicle shall be of any effect as respects any such liability, as is required to be covered by section 100 (1) (b), and as may be incurred while the motor vehicle is driven by that person.

(1) The driver of any motor vehicle on a highway shall, on being required so to do by any police officer, give his name and address and the name and address of the owner of the vehicle, and produce for inspection the certificate of insurance or of security issued in respect of that vehicle :

Provided, however, that no person shall be deemed to have contravened the provisions of this subsection by reason only of the failure to produce such certificate, if before the expiry of a period of five days from the date on which the production of the certificate was so required, he delivers the certificate in person for inspection at such police station as may have been specified by him on that date.

(2) The owner of a motor vehicle shall give such information as may be required by a police officer for the purpose of determining whether or not the vehicle was being driven in contravention of section 99 on any occasion when the driver was required under subsection (1) to produce the certificate.

(1) If after a certificate of insurance has been issued under section 100 (4) to the persons by whom a policy has been effected, a decree in respect of any such liability as is required by section 100 (1) (b) to be covered by a policy of insurance (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the provisions of sections 106 to 109, pay to the persons entitled to the benefit of the decree any sum payable thereunder in respect of that liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum under such decree.

(2) In this section, ” liability covered by the terms of the policy ” means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy.

(a)in respect of any decree, unless before or within seven days after the commencement of the action in which the decree was entered, notice of the action had been given to the insurer by a party to the action; or

(b) in respect of any decree, so long as execution thereof is stayed pending appeal.

(a) before the happening of the said event the certificate of insurance was surrendered to the insurer, or an affidavit stating that the certificate had been lost or destroyed, was made and delivered to the insurer by the person to whom the certificate was issued ; or

(b) after the happening of the said event but before the expiration of a period of three months from the taking effect of the cancellation of the policy, the certificate was surrendered to the insurer or an affidavit was made and delivered to the in user by the person to whom the certificate was issued ; or

(c) either before or after the happening of the said event, but within he said period of three months, the insure has commenced proceedings under this Part in respect of the failure to surrender the certificate.

(1) No sum shall be payable by an insurer under section 105 if, in any proceedings commenced before or within three months after the institution of the action in which the decree was entered, he has obtained from a court of competent jurisdiction-

Provided that an insurer who has obtained such a declaration as aforesaid in any such proceedings shall not thereby become entitled to the benefit of this section as respects any decree obtained in an action instituted before the commencement of those proceedings, unless before or within seven days after the commencement of those proceedings he has given notice thereof to the person who is the plaintiff in the said action specifying the non-disclosure or false representation on which he proposes to rely; and any person to whom notice of such proceedings is so given shall be entitled, if he thinks fit, to be made a party to the proceedings.

(2) In subsection (1) ” material fact ” and “material particular” mean respectively, a fact and a particular of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions.

(1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in section 100 (1) (b) shall be valid unless such third party is a party to the settlement.

(2) Notwithstanding anything contained in any other law, the death of a person to whom a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Part, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer.

(1) Where under any policy of insurance effected for the purposes of this Part, a person is insured against any liability which he may incur to a third party, then-

if, either before or after that event, any such liability to any third party is incurred by the insured person, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything contained in any other law to the contrary, be transferred to and vest in the third party to whom the liability is so incurred.

(2) Where any condition in a policy issued for the purposes of this Part purports either directly or indirectly to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of subsection (1), such condition shall be of no effect.

(3) Upon a transfer of rights under subsection (I), the insurer shall be under the same liability to the third party as he would have been to the insured person; Provided, however, that-

(1) Every person, against whom a claim is made in respect of any liability referred to in section 100 (1) (b), shall on demand made by or on behalf of the person making the claim, state whether or not he is insured in respect of that liability by any policy issued for the purposes of this Part, or would have been so insured if the insurer had not avoided or cancelled the policy, and shall, if he is or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof.

(2) In the event of any insured person being adjudged insolvent or making a composition or arrangement with his creditors, or, where the insured person is a company, in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to the company, or of a receiver or manager of the company’s business or undertaking being duly appointed, or of possession being taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property comprised in or subject to the charge, it shall be the duty of the insolvent, debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property, to give at the request of any person claiming that the insolvent, debtor or company is under such liability to him as is covered by the provisions of this Part, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 14, and for the purpose of enforcing such rights, if any; and any condition in a policy of insurance in so far as it purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect.

(3) If the information given to any person in pursuance of this section discloses ground for supposing that there have been or may have been transferred to him under section 112 rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by this section on the persons therein mentioned.

(4) The duty imposed by this section to give information shall include a duty to allow alt contracts of insurance, receipts for premiums, and other relevant documents, in the possession or power of the person on whom the duty is so imposed, to be inspected and copies thereof to be taken,

(1) For the purposes of sections 112, 113 and 114 the expression “liabilities to third parties” in relation to a person insured under any policy of insurance shall not include any liability of that person in the capacity of insurer under some other policy of insurance.

(2) The provisions of sections 112, 113 and 114 shall not apply-

(a) all matters stated or required in this Part to be prescribed ;

(b) the forms to be used for the purposes of this Part;

(c) the conditions subject to which an insurer or a person or body of persons giving security may be authorized for the purposes of section 100 or section 101, and the amount of the deposit that may be required and the person with whom and the manner in which such deposit is to be made and kept;

(d) applications for and the issue of, certificates of insurance or of security; the custody, production, cancellation and suspension of such certificates, and the issue of duplicates of such certificates;

(e) the records to be kept by insurers and by persons giving securities for the purposes of this Part, and the information to be furnished to the Commissioner and to licensing authorities by such insurers and persons;

(f) the adaptation or modification of any of the provisions of this Part for the purpose of the application of such provision in the case of motor vehicles imported for use in Sri Lanka by visitors making a temporary stay in Sri Lanka;

(g) all matters connected with or incidental to the matters specifically referred to in this section; and

(h) all such other matters as may be necessary for carrying out or giving effect to the principles and provisions of this Part.

(a) motor coaches,

(b) lorries, and, in addition, motor ambulances, and motor hearses,

(c) motor tricycle vans,

(d) steam-driven motor vehicles,

(e) motor cars,

(f) motor tricycles,

(g) motor cycles,

(h) invalid carriages,

(i) hand tractors,

(j) land vehicles,

(k) motor vehicles not herein before specified and subdivisions of motor vehicles hereinbefore specified.

(1) Subject to the provisions of subsection (2)-

(1) Every application for a driving licence shall be made to the Commissioner in the prescribed form, and shall be accompanied by-

(2) Every applicant for a driving licence which is to be valid for motor vehicles of any or every class referred to in paragraphs (a) to (c) of section 122 shall prove to the satisfaction of the Commissioner –

(1) There shall be established for the purposes of this Act, a fund to be called the ” Driving Licence Fund” (hereinafter referred to as the “Fund”).

(2) There shall be paid into the Fund such part of the prescribed fee recovered under section 124, 126A, 128 or 213, as may be determined by the Minister from time to time, as the cost of the issue of driving licence cards.

(3) There shall be paid out of the Fund, all such sums of money as may be required to be paid in connection with the issue of driving licence cards.

(4) Any surplus remaining in the Fund may be used for such purposes as may be determined by the Minister having regard to the need for the promotion of road safety and prevention of accidents.

(5) The Commissioner shall be responsible for the administration of the Fund.

(6) The accounts of the Fund shall be audited by the Auditor-General.

(1) Every driving licence shall be in the prescribed form. Where a driving licence has been issued in the form of a card, such licence shall be accompanied by an endorsement form of such description as may be prescribed. For the purposes of this Act such endorsement form shall constitute a part of the licence which it accompanies.

(2) No driving licence shall be issued to any person unless he has, within the thirty days immediately preceding the date on which the licence is required, passed a driving test conducted by the Commissioner or by some other person authorized for the purpose by the Commissioner, and satisfied the Commissioner or such other person, as the case may be-

(4) No driving licence shall be issued to any person if he is suffering from any such disease or disability as may be prescribed, or if the Commissioner is satisfied that the person suffers from any physical or mental disability which is likely to prevent him from driving a motor vehicle in a safe and proper manner.

(5) No driving licence shall be issued to any person who has not attained the age of eighteen years, and any licence issued to any such person shall be of no effect.

(6) One of the copies of the photograph, furnished under section 124 (1) by an applicant for a driving licence, shall be affixed to the licence issued to him and shall be authenticated by the Commissioner with a facsimile of his signature or with his official seal or stamp ; and the other copy shall be filed of record in the office of the Commissioner.

(7) Every holder of a driving licence shall furnish two copies of his photograph to the Commissioner whenever the copy affixed to his licence under subsection (6) is faded, defaced, damaged, or torn, or whenever he is ordered to do so by the Commissioner, or by a court before which he is convicted under any written law of an offence in connexion with the driving of a motor vehicle. The copies furnished under this subsection shall be dealt with in the manner provided by subsection (6).

(1) Subject to the provisions of subsections (2) and (3) and section 126A, every driving licence issued under this Part shall be valid for such period as may be prescribed, and every such driving licence may be renewed for such period or periods, upon the payment of such fee, as may be prescribed.

(2) A driving licence which is cancelled under the succeeding provisions of this Part shall cease to be effective on the date of cancellation thereof.

(3) A driving licence which is suspended for any period under the succeeding provisions of this Pail shall not be effective during the period of such suspension.

(1) Notwithstanding anything to the contrary contained in this Act, the Minister may, by Order published in the Gazette, declare that every driving licence issued or deemed to be issued under this Act, bearing a serial number specified in the Order, shall be replaced with a driving licence in the form of a card in the prescribed form and fix such date as he may deem suitable for the invalidation of the first mentioned licence, so issued, notwithstanding that such licence has been issued for a specified period or for the lifetime of the holder.

(2) Where an Order under subsection (1) is made, every person who holds a driving licence bearing a serial number specified in such Order, shall make an application to the Commissioner for the replacement of such licence with a driving licence in the form of a card in the prescribed form on or before the date fixed for the invalidation of such licence.

(3) Every application made under subsection (2) shall be accompanied by-

(4) Where an application is made for the replacement of a driving licence under this section, the Commissioner shall issue to every person who makes such application under subsection (2), a temporary driving licence in the prescribed form. Such temporary driving licence shall be valid until a driving licence in the form of a card is issued to such person under this section.

(1) A driving licence, unless expressed to be valid for all classes of motor vehicles, shall be valid only for the class or classes of motor vehicles specified therein, but may by entry made thereon under the hand of the Commissioner, upon application made in the prescribed form and on payment of the prescribed fee, be expressed to be valid for any other class of motor vehicles:

Provided however that the extension of the validity of a driving licence to any other class or classes of motor vehicles shall be by way of issue of a new driving licence ,in the form of a card covering such class or classes of motor vehicles.

(2) Where the applicant for a driving licence passes a driving test-

Provided that the Commissioner may in his discretion restrict the validity of any such licence to such class or classes of motor vehicles as may be specified by him in the licence, if he is of opinion that such restriction is necessary.

(4) No driving licence shall be expressed to be valid for steam-driven motor vehicles unless the holder has passed a test of ability to manage and attend to the boiler and furnace of a steam-driven motor vehicle.

(1) No driving licence shall be valid for a motor coach, lorry or motor tricycle van unless the licence is, by entry made thereon under the hind of the Commissioner, expressed to be valid for motor coaches, lorries or motor tricycle vans, as the case may be and in the case of a driving licence issued in the form of a card, unless such driving licence is issued to be valid for such motor coaches, lorries or motor tricycle vans, as the case may be;

(2) No driving licence shall, under sub- section (1), be expressed or issued to be valid for motor coaches lorries or motor tricycle vans unless the Commissioner is satisfied that the applicant for the licence or the holder thereof, as the case may be has attained the age of twenty-one years.

(3) Where the Commissioner is satisfied that an applicant for, or the holder of, a driving licence is unfit to drive a motor coach, lorry or motor tricycle van by reason of the fact that he habitually in a riotous of disorderly manner or is habitually drunk or suffers from any disease of an infectious or contagious nature.

(4) Where a driving licence is cancelled or suspended or the validity of a driving licence is restricted, the holder of the driving licence shall forthwith surrender such licence to the Commissioner for necessary action.

Provided that where the licence is not produced in compliance with such order, the court may make order disqualifying the holder of the licence for driving any motor vehicle until the production of the licence to the court.

(5) Where any court under any written law convicts the holder of a driving licence, which is valid for any particular class of motor vehicles, of any offence which shows him to be unfit to drive a vehicle of that class, the court may, in addition to any other punishment which it may lawfully impose for that offence, order the licence to be produced to the court before the expiry of a period of five days from the date of the order and cancel the licence :

Provided that in any case where the court has not. after the conviction of such holder, considered the fitness of such holder to drive a vehicle of that class, the Commissioner or a police officer of the rank of a sergeant or above may at any time make representatives to the court that the holder is unfit to drive a vehicle of that class and the court may, if it thinks 8t, cancel the licence :

And provided further that where the licence is not produced in compliance with such order, the court may make order disqualifying the holder of the licence from driving any motor vehicle until the production of the licence to the court.

(6) Where any licence issued or any entry made under subsection (1) on any driving licence is cancelled under subsection (3) or subsection (5) the Commissioner may, on application made by the holder of that licence in accordance with the provisions of section 128 (1) at any time after the expiry of two years from the date of such cancellation, issue a new licence, or make a fresh entry on that licence under subsection (1) of that section.

(1) Notwithstanding anything contained in this Part, the Commissioner may in his discretion issue to any person a driving licence expressed to be valid for a specified motor vehicle or for motor vehicles of any specified weight or description.

(2) No person who Is the holder of a driving licence issued under subsection (1) shall drive on a highway any motor vehicle other than the motor vehicle specified in that licence or a motor vehicle of the weight or description specified in that licence, as the case may be :

Provided, however, that any person who is the holder of a driving licence expressed to be valid for any class of motor vehicles, other than invalid carriages, shall be entitled to drive a hand tractor.

(1) Notwithstanding anything in this Part to the contrary, on application made in the prescribed form, the Commissioner may, with or without the driving test referred to in section 125 (2), issue to any person who satisfies the Commissioner that he is a bona fide visitor to Sri Lanka, a temporary driving licence which shall be in the prescribed form and shall be effective for such period, not exceeding three months from the date of his arrival in Sri Lanka, as may be specified therein.

(2) The powers conferred on the Commissioner by subsection (1) may in the case of a person arriving in Sri Lanka-

(3) A copy of every driving licence issued by any officer under subsection (2) shall be forwarded to the Commissioner.

(4) No temporary driving licence shall be issued under subsection (1) or subsection (2) except upon payment of the prescribed fee.

(5) The provisions of this Part, requiring copies of photographs to be furnished by applicants for driving licences and to be affixed to such licences, shall not apply to the issue of temporary driving licences under this section.

(1) A Magistrate who is satisfied that the holder of a driving licence suffers case any such physical or mental disability as may be prescribed, or which is likely to prevent him from driving a motor vehicle in a safe or proper manner, may cancel the licence.

(2) For the purposes of subsection (1), the court may require the holder of a driving licence to be examined at his expense by a registered medical practitioner approved by the court, and to produce the report issued by such practitioner after the examination.

(1) Where the holder of a driving licence is convicted of any offence set out in Column I of the First Schedule to this Act and the court does not suspend or cancel the driving licence of such holder, the court may-

Provided however that in the case of a driving licence issued in the form of a card, 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) Where the holder of a driving licence accumulates within the prescribed period such prescribed number of demerits points as would render such driving licence subject to cancellation or suspension by the Commissioner, the Commissioner shall cancel or suspend the driving licence, as the case may be.

(3) Where any court under subsection (1) enters demerit points on any driving licence, the court shall forward to the Commissioner a copy of the entry made on the licence.

(4) Immediately upon the suspension or cancellation of a driving licence under subsection (2) the accumulated demerit points shall be deleted.

(1) Where the holder of a driving licence has after the date of the issue to him of that licence been convicted of the offence of rash or negligent driving or where the Commissioner in his discretion thinks fit so to do, the Commissioner may require the holder to furnish a medical certificate of fitness in the prescribed form and issued by a Government medical practitioner, and may cancel the licence-

(2) The driving test referred to in subsection (1) shall be performed and the certificate shall be issued free of charge.

(1) The driver of a motor vehicle shall always carry his driving licence on his when person or in the motor vehicle and shall, on demand made by a police officer, forthwith the licence and permit it to be produce inspected Provided, however, that no person shall be deemed to have contravened the provisions of this subsection, if he proves to the satisfaction of the court that his licence had at the time of the alleged contravention been forwarded to the Commissioner for an extension of its validity.

(2) Every holder of a driving licence who is charged before any court with any offence under this Act, or with any offence under any other written law committed in connexion with the driving of a motor vehicle, shall take the licence with him to the court and shall, if he is convicted of the offence, forthwith produce the licence to the court for the purpose of endorsement under section 136.

(3) Where a driving licence is not produced in accordance with the provisions of subsection (2), the court may make order disqualifying the holder of that licence for driving a motor vehicle until the licence is produced to the court.

(4) Where a driving licence is produced to a police officer at any investigation made by him into an offence alleged to have been committed in connexion with the driving of a motor vehicle by the person who is the holder of the licence, the police officer may take charge of such licence for the time being and issue to such person a permit under his hand, in the prescribed form and setting out the prescribed particulars.

(5) A permit issued under subsection (4) shall be deemed to be sufficient authority for the person to whom it is issued to drive a motor vehicle, notwithstanding that he is not in possession of a driving licence, for such period not exceeding sixty days as may be specified in the permit by the police officer, and for such further period or periods as the court before which he is charged may specify by endorsement made on the permit.

(6) Every driving licence taken by a police officer under subsection (4) shall-

(1) Subject to the provisions of subsection (2), any court before which a person is convicted of any offence under this Act, or of any offence under any other written law committed in connexion with the driving of a motor vehicle, may in addition to any other punishment which it may lawfully impose for that offence-

(2) Where the driving licence of any person convicted of the offence of contravening any of the provisions of subsections (1) and (2) of section 151, or of any offence in connexion with the driving of a motor vehicle punishable under section 272 or section 328 of the Penal Code, contains at the time of such conviction endorsements, made after the 1st day of January, 1941, under the Motor Car Ordinance, No. 45 of 1938, or made under this Act in respect of not less than two and not more than four previous convictions of any of those offences or of the offence of contravening any of the provisions of any such enactment corresponding to the provisions of subsections (1) and (2) of section 151, the court shall either cancel the licence or suspend the licence for a stated period, which shall be not less than six months nor more than two years; and where the licence contains at the time of such conviction endorsements so made in respect of five previous convictions of any of the offences aforesaid, the court shall cancel the licence.

(3) Where the driving licence of any person convicted of any offence in connexion with the driving of a motor vehicle punishable under section 298 or section 329 of the Penal Code contains at the time of such conviction endorsements, made after the 1st day of January, 1941, under the Motor Car Ordinance, No. 45 of 1938, or made under this Act, in respect of two previous convictions of any of those offences, the court shall cancel the licence.

(4) Where any person is convicted of the offence of contravening the provisions of section 99, the court shall make an order suspending the driving licence of such person, or declaring such person to be disqualified for obtaining a driving licence, for a period of not less than twelve months, unless in the circumstances of any case, for special reasons to be recorded in the proceedings, the court is of opinion that such order should not be made or that the period of suspension or disqualification should be less than twelve months.

(5) Where the holder of a driving licence is convicted before any court of any offence under this Act or of any offence under any other written law committed in connexion with the driving of a motor vehicle, the court shall endorse upon the licence the particulars of the conviction and of any order made under this section and the date of such endorsement ; and every such endorsement shall be initialed by the Judge or Magistrate of the court, or in the case of a conviction by the High Court or Court of Appeal, by the Commissioner of that court:

Provided however that in the case of a driving licence issued in the form of a card, such endorsement may be made on the endorsement form prescribed under section 125 and an endorsement so made shall for the purposes of this Act, be deemed to have been made upon such driving licence.

(6) Where any court under subsection (5) endorses on any driving licence the particulars of any conviction and no order suspending or cancelling the licence is made by the court, the court shall forward to the Commissioner a copy of the endorsement made on the licence.

(7) Where an order suspending or cancelling a driving licence is made and endorsed on the licence under this section, the court shall forward the licence to the Commissioner.

(8) Where a driving licence is suspended for any period, the Commissioner shall return the licence on demand, at the end of that period, to the person in whose name the licence was issued.

(1) Where a driving licence is suspended by a court under section 136-

(2) Save as otherwise provided in subsections (5) to (9)-

(3) Where any court has under section 136 (1) declared any person to be disqualified for obtaining a driving licence for any period, the Commissioner shall not during that period issue to that person a driving licence.

(4) No person shall drive a motor vehicle on a highway at any time while any order suspending or cancelling his driving licence or declaring him to be disqualified for obtaining a licence, is in force.

(5) The court which has made order cancelling the driving licence of any person may, on the application of that person made at any time after the expiry of a period of two years reckoned from the date of cancellation, and after such inquiry as the court may consider necessary, make order authorizing him to apply to the Commissioner for a new driving licence in accordance with the provisions of this Act.

(6) The court shall notify the Commissioner and the police of the receipt of any such application and shall afford the Commissioner and the police an opportunity of being heard and of making representations against the grant of the application and of adducing evidence in support of any representation so made. Notice on the police may for the purposes of this subsection be served on the Assistant Superintendent of Police of the area in which the court is situated.

(7) The court shall, in the consideration of any such application have regard to all the circumstances of the case with particular reference to the fitness of the applicant to hold a driving licence.

(8) Any such application may, if refused, be renewed at any time after the expiry of a period of two years reckoned from the date of refusal, and further applications may in like manner be made to the court at successive intervals of not less than two years reckoned from the date of the last refusal. All the other provisions of this subsection, relating to the first application made by any person thereunder after the cancellation of his driving licence, shall apply equally to any other application made by him after the refusal of the first application.

(9) Where any court makes order under this subsection authorizing any person to apply for a new driving licence, such person may make application for the certificate under section 124 and the provisions of this Part relating to the issue of driving licences shall apply accordingly. Where a new driving licence is issued to any such person the Commissioner shall make an entry in the new licence to the effect that it is issued in consequence of an order under this section, but shall not set out therein any particulars relating to any previous conviction of that person.

(1) If any person who is declared to be disqualified for obtaining, or who has been refused, a driving licence, applies for or obtains a driving licence while he is so disqualified or without disclosing such refusal, or if any person whose licence has been endorsed or cancelled by any court, applies for or obtains another licence without giving particulars of the endorsement or cancellation, that person shall be guilty of an offence under this Act, and any licence so obtained shall be of no effect.

(2) If any person who at any time before the appointed date has under the provisions of any written law for the time being in force, been disqualified by or by virtue of any order of a court for obtaining a certificate by any competent authority, applies for or obtains a driving licence under this Act while he is so disqualified or without disclosing such refusal, as the case may be, that person shall be guilty of an offence under this Act and any licence so obtained shall be of no effect,

(3) If any person whose certificate of competence has at any time before the appointed date been endorsed or cancelled, or suspended for any stated period under the provisions of any written law for the time being in force, applies for or obtains a driving licence under this Act without giving particulars of such endorsement, cancellation, or suspension, as the case may be, that person shall be guilty of an offence under this Act and any licence so obtained shall be of no effect.

(1) No person shall, on or after the relevant date, as a driving instructor except under the authority, and in accordance with the terms and conditions, of a licence (hereinafter referred to as an “instructor’s licence”) issued in that behalf by the Commissioner under this Part and for the time being in force.

(2) Any person who is guilty of the offence of contravening the provisions of subsection (1) shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than five thousand rupees and not exceeding ten thousand rupees or to imprisonment of either description not exceeding six months or to both such fine and imprisonment.

(1) Every application for an instructor’s licence shall be made to the Commissioner in such form, and shall contain such particulars, and shall be accompanied by such application fee as may be prescribed.

(2) No instructor’s licence shall be issued to any person unless he-

(3) An instructor’s licence shall be subject to such terms and conditions as the Com missioner may consider necessary to ensure that high standards are maintained in the giving of instruction in the driving of motor vehicles.

(4) A driving instructor who fails to comply with any of the terms or conditions of his licence shall, in addition to his licence being liable to be cancelled or suspended under section 139E, be guilty of an offence under this Act.

(1) No instructor’s licence shall be issued by the Commissioner to any person under this Part, except upon the payment by such person to him of such fee or fees as may be prescribed.

(2) Subject to the provisions of subsections (3) and (4), every instructor’s licence issued under this Part shall be valid for a period of two years, and every such licence may be renewed for a period of two years at a time upon payment of such fee as may be prescribed.

(3) An instructor’s licence which is cancel led under the succeeding provisions of this Part shall cease to be effective on the date of cancellation thereof.

(4) An instructor’s licence which is suspended for any period under the succeeding provisions of this Part shall not be effective during the period of such suspension.

(1) The Commissioner may cancel or suspend an instructor’s licence if he is satisfied that the driving instructor-

(2) The Commissioner shall, before canceling or suspending a licence under the provisions of subsection (1), give the driving instructor concerned notice in writing of his intention to do so specifying a date, not less than fourteen days after the date of the notice, upon which such cancellation or suspension shall be made and calling upon the driving instructor to show cause to the Commissioner why his licence should not be cancelled or suspended.

(3) Where the Commissioner has cancelled or suspended a licence under the provisions of subsection (1), he shall forthwith inform the driving instructor concerned by notice in writing of such cancellation or suspension.

(4) A driving instructor may, within fourteen days of the receipt of the notice referred to in subsection (3), appeal in writing against such cancellation or suspension to the Secretary to the Ministry of the Minister whose decision shall be final.

(5) An order of cancellation or suspension shall not take effect until the expiration of a period of fourteen days after the Commissioner has informed the driving instructor concerned of the order.

(6) If within that period, the driving instructor concerned appeals to the Secretary of the Ministry of the Minister, the order shall not take effect until it is confirmed by the Secretary or the appeal is for any reason dismissed by the Secretary.

(7) Where an order of cancellation or of suspension becomes effective under sub section (5), the driving instructor concerned shall, as from the date when the order becomes effective, cease to give instruction to any person in the driving of a motor vehicle.

(8) A driving instructor whose instructor’s licence has been cancelled under this section shall forthwith surrender it to the Commissioner.

(1) No person shall, on or after the relevant date, carry on the business of a driving school except under the authority, and in accordance with the terms and conditions, of a licence (hereinafter referred to as a ” driving school licence “) issued in that behalf by the Commissioner under this Part and for the time being in force.

(2) A person carries on the business of a driving school if that person engages or employs other persons or, agents to give instruction to persons in the driving of a motor vehicle.

(3) Any person who is guilty of the offence of contravening or failing to comply with the provisions of subsection (1) shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than seven thousand five hundred rupees and not exceeding fifteen thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.

(1) Every application for a driving school licence shall be made to the Commissioner in such form, shall contain such particulars, and be accompanied by such application fee, as may be prescribed.

(2) No driving school licence shall be issued to any person unless he-

(3) A driving school licence shall be subject to such terms and conditions as the Commissioner may consider necessary to ensure that high standards are maintained in the conduct of the activities of driving schools.

(1) No driving school licence shall be issued by the Commissioner to any person under this Part, except upon the payment by such person to him of such fee or fees as may be prescribed.

(2) Subject to the provisions of subsection (3), every driving school licence issued under this Part shall be valid for a period of two years, and every such licence may be renew ed for a period of two years at a time upon payment of such fee as may be prescribed.

(3) A driving school licence which is cancelled under the succeeding provisions of this Part shall cease to be effective on the date of cancellation thereof.

(1) The Commissioner may cancel a driving school licence if he is satisfied that the owner of the driving school-

(2) The Commissioner shall, before canceling a driving school licence under the provisions of subsection (1), give the owner of the driving school concerned notice in writing of his intention to do so specifying a date, not less than fourteen days after the date of the notice, upon which such cancellation shall be made and calling upon him to show cause to the Commissioner why his licence should not be cancelled.

(3) Where the Commissioner has cancelled a licence under the provisions of subsection (1), he shall forthwith inform the owner of the driving school concerned by notice in writing of such cancellation.

(4) Any person aggrieved by the decision of the Commissioner under subsection (1) may, within fourteen days of the receipt of the notice referred to in subsection (3), appeal in writing against such cancellation to the Secretary to the Ministry of the Minister, decision shall be final.

(5) An order of cancellation shall not take effect until the expiration of a period of fourteen days after the Commissioner has informed the owner of the driving school concerned of the order.

(6) If within that period, the owner of the driving school concerned appeals to the Secretary to the Ministry of the Minister, the order shall not take effect until it is confirmed by the Secretary or the appeal is for any reason dismissed by the Secretary.

(7) Where an order of cancellation becomes effective under subsection (5), the owner of the driving school concerned shall, as from the date when the order becomes effective, cease to carry on the business of the driving school.

(8) The owner of the driving school whose driving school licence has been can celled under this section shall forthwith surrender it to the Commissioner.

(a) all matters stated or required in this Part to be prescribed;

(b) prescribing the qualifications and experience necessary for eligibility to apply for an instructor’s licence;

(c) prescribing the kind of motor vehicles which may be used for driving instruction and driving tests and the conditions that must be complied with before such vehicles may be so used;

(d) regulating the conduct of driving instructors when giving instruction;

(e) regulating the activities of driving schools and prescribing the manner in which driving schools should be conducted; and

(f) prescribing the form of records to be kept by driving instructors, driving schools and their particulars to be entered therein.

(a) was acting as a driving instructor shall be entitled to carry on as such without an instructor’s licence; or

(b) was carrying on the business of a driving school shall be entitled to carry on such business without a driving school licence,