(c) He shall not cause the motor car to travel backwards further than may be necessary for turning or other reasonable purpose; (d) He shall, whenever necessary, by sounding an efficient instrument, give audible and sufficient warning of the approach or position of the motor car, but shall not sound any such instrument so as to be a nuisance to the public; (e) He shall, on the request of any police officer in uniform or of any person having charge of any animal, or if such police officer or person shall put up his hand as a signal to stop, immediately stop the motor car and keep it stationnary so long as may be reasonably necessary; (f) If owing to the presence of the motor car on a highway an accident occurs to any person, animal, or vehicle, he shall immediately stop the motor car, and, if required, give his name and address and also the name and address of the owner and the registered number and place of registration of the motor car; (g) He shall not drive the motor car between sunset and sunrise or between such other hours as may be prescribed unless the prescribed lights are burning sufficiently brightly and unobscured; (h) He shall not drive motor car from such a position that he has not full control of the motor car or that he has not a full view of the road and traffic ahead of the motor car; (i) He shall not drive the motor car so as to meet or pass another motor car on any bridge; (7) He shall not use a cut-out or otherwise permit the exhaust from any cylinder to escape into the atmosphere otherwise than through an efficient silencer; (k) He shall place his motor car when not in motion as close to the side of the road as possible, and so as to allow sufficient room for passing traffic; (7) He shall comply with any other conditions which may be prescribed. Conditions of construction and user. 16. No person shall cause or permit a motor car to be used on any highway or have charge of a motor car when so used unless the motor car complies with the prescribed conditions as to construction and user. 17. Fraudulent imitation of licences, etc.... Transfer of motor cars. 18. (1) Every person who transfers the ownership of a motor car shall forthwith deliver his motor car licence and any certifi cate of registration of the motor car to a licensing officer and shall inform him in writing of the name and address of the transferee. (2) On application by the transferee and on payment of the prescribed fee, the licence and certificate, amended as may be necessary, shall be re-issued to him. (3) The licensing officer shall note the transfer on the register or if the motor car is not registered with him, shall inform the licensing officer with whom the motor car is registered and that licensing officer shall note the transfer on the register. 19. Production of licences, etc. Inspection of load. 20. The driver or other person in charge of a motor car licensed according to its maximum weight may on demand of any police officer or licensing officer be required to satisfy such officer that the load which is being carried on such motor car does not contravene the provisions of the licence or of this Ordinance or of any regulations thereunder, and shall for that purpose render to such officer all assistance in his power. Penalty for offences. 21. (1) Any person who contravenes any provision of this Ordinance or fails to do anything which under this Ordinance he is lawfully required to do shall be guilty of an offence against this Ordinance. (2) Any person who attempts to commit or aids or abets the commission of an offence against this Ordinance shall himself be guilty of an offence against this Ordinance. (3) Any person guilty of an offence against this Ordinance shall on conviction be liable to a fine not exceeding twenty pounds or, in the case of a second or any subsequent conviction (not being solely for exceeding a speed limit), to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a term not exceeding three months or to both such fine and imprisonment. Recovery of damage to highway or bridge. 22. (1) If by reason of an offence against this Ordinance any injury is caused to any highway or bridge, the Secretary for Mines and Works or his representative may cause such injury to be made good and recover the cost thereof from the owner of the motor car causing the injury. (2) A certificate signed by the Secretary for Mines and Works or his representative shall be prima facie evidence of the cost of making good such injury. (3) With the approval of the Secretary for Mines and Works or his representative such owner may be permitted to undertake the carrying out at his own expense of any repairs under this section. Outside liability. 23. Nothing in this Ordinance shall affect any liability of the driver or owner of a motor car by virtue of any law for the time being in force in the Territory. Application to persons and motor cars in the public service. 24. This Ordinance shall apply to persons and motor cars in the public service save that no licence registration certificate or identity mark shall be required in respect of any motor car ordinarily used by the Governor. Power to make regulations. 25. (1) The Governor in Council may, if he thinks fit, from time to time make regulations to be published in the Gazette: (a) prescribing anything which by this Ordinance may or is to be prescribed; (b) prescribing the forms to be used; (c) prescribing the conditions to be observed by motor cars plying for hire; (d) prescribing speed limits to be observed by all or any motor cars throughout the Territory or in any specified area or on any specified highway; (e) prohibiting, restricting, or regulating the use of motor cars on highways so far as may be necessary for the safety or convenience of the public or the prevention of injury to or excessive wear of any highway or bridge; (f) prescribing conditions in which motor car licences granted under any law for the time being in force in any Territory in South or Central Africa or certificates of competence granted under any such law as aforesaid or under a law of any other country are to be deemed to be motor car licences or certificates of competence within the meaning of this Ordinance, and prescribing the identification marks to be affixed to motor cars for which any such licence has been granted when being driven in the Territory; (g) varying, revoking, or adding to the regulations contained in the Schedule to this Ordinance; and (h) generally for carrying this Ordinance into effect. (2) Subject to any such regulations, the regulations contained in the Schedule to this Ordinance shall have effect as from the date of the commencement of this Ordinance. (3) Any person who contravenes any such regulation shall be guilty of an offence against this Ordinance and be punishable accordingly. 26. Township Rules as to motor car or driver's are repealed. ... 27. Payment of fees to Municipal Council authorised. ... 15th December 1927. Ordinance n° 15 To amend and consolidate the law relating to vehicles, roads and road traffic. NORTHERN RHODESIE GOVERNMENT GAZETTE, no 314, 23rd December 1927, p. 293. Short Title. 1. This Ordinance may be cited as the « Vehicles and Roads Consolidation Ordinance 1927 », and shall commence and come into operation on a date to be fixed by the Governor by notice in the Gazette. Definitions. 2. In this Ordinance unless the context otherwise requires : « Road » means any street, thoroughfare or highway ordinarily used by the public for 15 décembre 1927. Ordonnance no 15 Modifiant et renforçant la loi sur les véhicules, les routes et le trafic routier Cette ordonnance dénommée « The Vehicles and Roads Consolidation Ordinance, 1927 » entrera en vigueur à une date à fixer par le Gouverneur au moyen d'un avis publié au Journal officiel. Le Gouverneur a le droit d'indiquer quelles routes sont grand' routes, routes de district ou routes secondaires. Les deux premières classes de routes sont construites et entretenues par le Gouvernement. wheeled traffic and includes any bridge, ford, culvert, pontoon or ferry in the line of such road and any work or thing forming part of or connected with or belonging to such road; << Main road » means a road passing through one or more districts or connecting two or more townships or thickly populated areas to which the provisions of the Village Management Proclamation 1913 have been applied by the Governor by notice in the Gazette. << District road » means a road from a town into or through a part of a district for the use or convenience generally of the public; << Branch road » means a road enabling occupiers of land to connect with either a main or district road; « Vehicle » includes any engine, waggon, dray, cart, carriage or other means of carrying goods or adult persons by land whether drawn or propelled by animal, steam, electric or other power, but shall not include a wheel-barrow; << Heavy vehicle » means a mechanical tractor, or any other vehicle weighing with or without load more than five thousand pounds or any other vehicle which may from time to time be declared a heavy vehicle by the Governor by notice in the Gazette; « Gate » means a swing gate of sufficient width to allow the reasonable free use of the road, having regard to the traffic thereon, and of not less width than fourteen feet, having a balance or catch or other free fastener so fixed as to swing clear of the road free from drag; « Owner » shall in relation to a vehicle mean the person having habitual possession and control thereof. PART I. ROADS GENERALLY. Declaration of main, district or branch road. 3. It shall be lawful for the Governor by notice in the Gazette to declare any road or line to be a main road, district road or branch road as the case may be and determine the width. of any road or line so declared and the road or line the subject of such declaration shall thereupon be deemed dedicated to public use. Expense of main or district road. 4. As often as any road shall be declared a main road or a district road, any expense incurred in opening such road for use by the public shall be paid and borne by the Government. Application for branch road. 5. In case any occupiers of land shall apply to the Director of Roads or a Road Board to have a line of road declared a branch road for the purpose of enabling them to have convenient access to a main road, or a district road, the following provisions shall be observed and be applicable: (a) Every application must be made in writing and shall state as nearly as is material: (1) the point on the main or district road from which the branch road is required; (2) the farms or land through or over which it is proposed that a right of road should be declared, and the names of the owners or occupiers thereof; (3) the terminal point to which it is proposed the road should be declared; (b) Notice shall be given in some newspaper published or circulating in the district through which it is proposed to make such road that such application has been or will be made. Deposit to cover report. 6. The Director of Roads or a Road Board, on receiving any such application, may require the applicants to deposit such sum of money as to him may appear to be necessary for the purpose of defraying the expense of causing the proposed road to be inspected by some Les routes secondaires sont construites pour relier les localités rurales ou des fermes aux grandes routes et aux routes de district. Elles sont déclarées routes secondaires par l'administration, à la demande des intéressés et après vérification de l'utilité qu'elles présentent pour les usagers. Les frais de cette enquête sont à charge des requérants. Si elle est favorable, le Gouvernement prend à sa charge tout ou partie des frais d'enquête. La route est alors construite par le Gouvernement. Les routes sont construites et entretenues par une commission régionale ou groupement composé de deux fonctionnaires ou maires, résidant dans la région envisagée. La commission perçoit les recettes, fait les paiements et encaisse les sommes affectées par le Gouvernement à la construction ou à l'entretien de la route. La commission a la personnification civile, ses membres reçoivent une indemnité. Ils sont nommés, transférés ou révoqués par le Gouverneur. Celui-ci détermine le poids maximum des véhicules en charge qui utilisent la route, leur vitesse competent persons, and a report made thereon for submission to the Governor. Allocation of expense. 7. If upon the consideration of any such report it shall appear to the Governor that the road is one necessary or proper to be allowed he may by notice in the Gazette declare such road to be a branch road, and he may determine whether the whole or what part of the expense incurred in obtaining a report upon and causing the road to be declared should be paid and borne by the parties for whose use or at whose instance the same was so declared. 8. Saving of existing roads. 9. Closing of roads not declared within two years. ... Governor may declare road closed or diverted. 10. The Governor upon sufficient cause shewn to his satisfaction may by notice in the Gazette declare that any road already declared to be a main district or branch road shall as from a date to be stated in the notice cease to be so regarded or shall be diverted. 11. Preliminaries to issue of notice of the intention of closing or diverting any road. ... Appointment and duties of Road Boards. 12. (1) The Governor may from time to time appoint for any portion of the Territory specified by him two or more persons residing or having official duties in or near such locality who shall be a Board to undertake subject to the directions of the Governor the care maintenance and construction of roads within the area so specified. (2) The Board shall keep minutes of its meetings in a book kept for the purpose which shall be signed by the Chairman at the next subsequent meeting. A copy of such minutes shall be forwarded regularly to the Governor. (3) The Board shall cause proper accounts to be kept of all moneys received and expended by the Board. A statement of such accounts certified as correct under the hand of the Chairman and one other member of the Board shall be submitted annually to the Governor. The Governor may cause such accounts to be audited and examined by a Government auditor. (4) The Governor in Council may authorise the payment of sums of money out of the revenue of the Territory to a Board for the furtherance of its objects. (5) A Board, or any person authorised by such Board, shall at all times have the power of taking materials for making or repairing roads from any land which shall not have been improved by cultivation, irrigation or otherwise without compensation and from land which shall have been improved as aforesaid on payment to the owner of such compensation as may be agreed upon, or failing agreement, as may be settled by arbitration provided that nothing in this section shall be deemed to authorise the taking of timber exceeding six inches in diameter without the consent of the owner thereof. (6) A Board shall be capable in law of suing and being sued, of purchasing and holding property for its requirements and selling the same if no longer required. (7) A Board may appoint a Secretary and such other officers as it may requ re and may with the approval of the Governor pay such officers such salary or allowances as it may dete mine. (8) A Board may, out of the funds at its disposal pay or refund to each member, actual out of pocket expenses incurred in attending its meetings or otherwise incurred in carrying out his duties as a member of such Board. (9) The Governor in Council may make rules for the nomination, election, resignation or removal of members of a Board and generally for facilitating the exercise of the powers conferred under this section. et il peut prohiber l'emploi de certains animaux pour les attelages. L'emploi de trainaux, le trainage de troncs, de charrues ou de poids lourds est interdit. Les véhicules faisant usage de la route doivent être munis de licences renouvelables chaque année. Sont exempts de licence les véhicules uniquement utilisés dans une ferme pour les besoins de celle-ci, ou les véhicules marchant sur rails ou les véhicules détenus uniquement pour être vendus, ainsi que tout véhicule pourvu d'une licence délivrée en vertu d'une autre loi en vigueur pour le moment. Le Gouverneur a le pouvoir de prendre toutes les mesures nécessaires au maintien en bon état des routes et des véhicules; entre autres, il peut prescrire des mesures spéciales pour retenir, inspecter et désinfecter les véhicules provenant de territoires où la tsé-tsé existe, est supposée exister, ou ayant traversé un pareil territoire. Il peut établir des péages, etc., etc. (10) The Director of Roads may exercise all or any of the powers conferred on a Board by sub-section (5) of this section. PART II. TRAFFIC ON ROADS. Powers of Governor. 13. The Governor may from time to time by notice in the Gazette: (a) Prohibit either temporarily or indefinitely any vehicle, heavy vehicle or class of vehicle from using any road or portion thereof; (b) Restrict the volume and speed of traffic on any road or portion thereof; (c) Prohibit either temporarily or indefinitely the driving of any specified animals along any road or portion thereof. 14. Prior notice of necessary prohibition or restriction of roads. ... Waiving of preliminary notice. 15. The Governor may, whenever he considers it expedient, issue a notice under section thirteen without the preliminary notice required by section fourteen. 16. Publication of notice without the required preliminary notice. ... 17. Limited period. ... 18. Roads and bridges unfit for use. 19. Interfering with notice-board. ... Special exemption. 19. The Director of Roads with the approval of the Governor may upon application in writing by any person grant special exemption to such person from the provisions of any notice issued under this Part of this Ordinance upon such conditions and for such period as he shall think fit. Such exemption shall be in writing and shall be carried by the person acting thereunder. PART III. DAMAGE TO ROADS. Prohibiting unauthorised encroachments, alterations, obstructions and the use of sledges and drags. 20. (1) No person except so far as may be necessary in any emergency in order to enable him to use the road in a lawful manner shall, unless authorised in terms of the next succeeding sub-section : (a) encroach on any road by making or erecting any building, fence, ditch or other obstacle, or by planting trees or otherwise; (b) Leave on a road any timber, stones or other material so as to obstruct the same or endanger persons using the road; (c) dig up, remove, alter in any way, the soil or surface or scarping of a road; (d) Fill up, or obstruct any ditch or drain made to carry water off a road, whether on the road or elsewhere, or by making dams, ditches or drains cause the flooding of any road; (e) Cause or allow any timber, sledge, plough or other heavy material or thing, not being wholly raised above ground on wheels, to be dragged along a road. Director of Roads with approval of Governor may authorise under conditions, acts prohibited in sub-section (1) (2) The Director of Roads with the approval of the Governor may authorise in writing, under such conditions as he may prescribe, the doing of an act prohibited under sub-section (1) of this section, if satisfied that no material damage to the road or prejudice to the public can result therefrom. Owners to keep gates in repair. 21. (1) Every gate shall at all times be kept in good order by the proprietor thereof at his own expense. Penalty for failing to close gates. (2) Any person, not being the sole proprietor thereof, who shall without the authority of such proprietor, on passing through any gate, fail to close and fasten such gate or cause the same to be closed and fastened immediately after passing, shall be liable, on conviction to a payment to imprisonment with or without hard fine not exceeding five pounds, or in default of labour for a period not exceeding one month; and any person who shall wilfully or by negligence damage a gate on a road shall, on conviction, be liable to such penalties as may be imposed for malicious injury to property. PART IV. TAXES ON VEHICLES. Vehicle to be licensed. 22. If after the date of the commencement of this Ordinance any vehicle for which a |