PARLIAMENT OF THE DEMOCRATIC SOCIALIST ... OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA...

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5

Price : Rs. 88.00 Postage : Rs. 22.50

PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

Published as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of March 13, 2009

—————————

—————————

[Certified on 11th March, 2009]

Printed on the Order of Government

—————————

MOTOR TRAFFIC (AMENDMENT)ACT, NO. 8 OF 2009

1Motor Traffic (Amendment) Act, No. 8 of 2009

[Certified on 11th March, 2009]

L.D. —O. 1/2007.

AN ACT TO AMEND THE MOTOR TRAFFIC ACT (CHAPTER 203)

BE it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows:—

1. This Act may be cited as the Motor Traffic(Amendment) Act, No. 8 of 2009.

2. The Motor Traffic Act (Chapter 203) (hereinafterreferred to as “the principal enactment”) is hereby amended—

(1) by the substitution for the word “Commissioner”wherever that word occurs in the principalenactment, of the word “Commissioner-General” ;

(2) by the substitution for the words “demerit points”wherever these words occur in the principalenactment of the words “driver improvementpoints”;

(3) by the substitution for the word “highway”wherever that word occurs in the principalenactment of the word “road” ; and

(4) by the substitution for the word “lorry “ whereverthat word occurs in the principal enactment, of thewords “motor lorry”.

3. The heading to Part I of the principal enactment ishereby repealed and the following heading substitutedtherefor :—

“REGISTRATION, POSSESSION AND USE OF MOTORVEHICLES”

4. Section 2 of the principal enactment is herebyamended as follows :—

(1) by the repeal of subsections (2) and (2A) thereof

Short Title.

Amendment ofChapter 203.

Replacement ofheading toPart I of theprincipalenactment.

Amendment ofSection 2 of theprincipalenactment.

2—PL 003293—4,250 (10/2008)

Motor Traffic (Amendment) Act, No. 8 of 20092

and the substitution of the following subsectiontherefor:—

“(2) The possession by a dealer or a manufacturerof an unregistered motor vehicle for the purposesof sale shall be deemed not to be a contravention ofsubsection (1) so long as the vehicle remains unsoldand is not used on any road except under theauthority of a dealer’s licence or manufacturer’slicence as the case may be, issued under Part III andis identified by a distinctive number assigned forthat purpose by the Commissioner-General.”.

(2) by the repeal of subsection (5) of that section andthe substitution therefor of the followingsubsection :—

“(5) The use of a motor vehicle which uponimportation into Sri Lanka is used on a road onlyfor the purpose of and in the course of removal fromthe Customs premises or for the purpose ofinstalling any equipment or which is being drivento or from any place specified by the Commissioner-General for the purpose of testing or registration,shall be deemed not to be a contravention ofsubsection (1), provided it is used under theauthority of a dealer’s licence or temporary permitissued for the purposes of this subsection by theCommissioner-General valid for a period of sevendays.”;

(3) by the repeal of subsection (6) thereof ;

(4) by the addition immediately after subsection (9)thereof of the following subsection which shall haveeffect as subsection (10 ) thereof :—

“(10) A person who contravenes the provisionsof subsections (1) or (5) of this section shall beguilty of an offence and shall on conviction be liableto a fine not less than two thousand five hundredrupees and not exceeding five thousand rupees and


on a second conviction to a fine not less than fivethousand rupees and not exceeding ten thousandrupees and on a third or subsequent conviction to afine not less than ten thousand rupees and notexceeding fifteen thousand rupees.”.

5. The following new section is hereby insertedimmediately after section 2 of the principal enactment andshall have effect as section 2A of that enactment :—

2A. (1) No person shall knowingly use amotor vehicle –

(a) that has been manufactured, assembled,fabricated, innovated, adapted, modified,or the construction of which has beenchanged illegally or otherwise than inconformity with the prototype approvedby the Commissioner-General;

(b) that has been assembled otherwise thanwith branded new parts or without thepermission of the manufacturer of thoseparts ;

(c) that is mechanically defective ;

(d) that fails to comply with prescribedstandards of safety ;

(e) that is stolen ;

(f) that has a false identity ;

(g) the chassis number of which has beentampered with ; or

(h) which has been manufactured, assembled,fabricated, adapted, modified, or the

Insertion of newsection 2A in theprincipalenactment.

“Motorvehiclefabricatedunlawfully&,.. not tobe used.


construction of which has been changedin any manner, without the prior writtenapproval of the Commissioner-General.

(2) A person who contravenes theprovisions of section 2A shall be guilty of anoffence and shall on conviction be liable to afine not less than fifty thousand rupees and notexceeding one hundred thousand rupees or toimprisonment of either description for a termof one month or to both such fine andimprisonment and on a second conviction to afine not less than one hundred thousand rupeesand not exceeding two hundred thousandrupees or to imprisonment for a term of twomonths or to both such fine and imprisonmentand on a third or subsequent conviction to afine not less than two hundred thousand rupeesand not exceeding three hundred thousandrupees or to imprisonment for a term of sixmonths or to both such fine and imprisonmentand confiscation of the vehicle.”.

6. Section 3 of the principal enactment is herebyamended as follows:—

(1) by the repeal of subsection (1) thereof and thesubstitution therefor the following subsection:—

“(1) No motor vehicle shall be registered unlessthat vehicle conforms to the provisions of this Actand regulations made hereunder in regard to theconstruction, weight, dimensions and equipmentof motor vehicles of the class or description to whichthat vehicle belongs.”;

(2) in subsection (2) thereof by the substitution for thewords “exceeds two and a half metric tons” of thewords “exceeds four thousand five hundredkilograms ; and

Amendment ofsection 3 of theprincipalenactment.


(3) by the addition immediately after subsection (1)thereof of the following subsections which shallhave effect as subsections (2), (3), (4) and (5)thereof:—

“(2) The Commissioner-General shall not registerany motor vehicle —

(a) if he has reason to believe —

(i) that it has been manufactured, assembled,fabricated, innovated, adapted, modified,or its construction changed, illegally orotherwise than in conformity with theprototype approved by theCommissioner-General ;

(ii) that it has been assembled otherwise thanwith branded new parts or without thepermission of the manufacturer of thoseparts;

(iii) that it is mechanically defective;

(iv) that it fails to comply with prescribedstandards of safety;

(v) that it is stolen ;

(vi) that the identity of the vehicle is false orin doubt;

(vii) that the chassis number has beentampered with;

(viii) that the applicant for registration of thevehicle has failed to furnish particularsof a previous registration, if any;

(ix) that the applicant has furnished inaccurateparticulars in the application forregistration of the vehicle; or


(x) that the vehicle has been imported withforged documents or that the applicationfor registration contains a forgedsignature or is accompanied by forgeddocuments;

(b) where the motor vehicle comprises featureswhich —

(i) are not in accordance with the particularscontained in the application;

(ii) are not in his opinion roadworthy or are byreason of its design, construction or anycondition thereof or any equipment thereofare not in compliance with the provisions ofthis Act;

(iii) require the prior written approval of theCommissioner-General for the import thereofand has been imported without obtainingsuch approval;

(iv) have been manufactured, assembled,fabricated, adapted, modified or theconstruction of which has been changed inany manner, without the prior writtenapproval of the Commissioner-General.

(3) The decision of the Commissioner-Generalnot to register a motor vehicle by reason of hisfindings under paragraphs (a) or (b) shall be final.

(4) No person under the age of eighteen yearsshall be registered as the owner of a motor vehicle:

Provided however, that a person under the ageof eighteen years may be registered as the beneficial


owner of a motor vehicle in which event the parentor guardian of such person shall be registered as theowner thereof.

(5) Any person who submits an application forregistration, which contains a forged signature or isaccompanied by forged documents shall be guiltyof an offence and shall on conviction be liable to afine not less than ten thousand rupees and notexceeding fifteen thousand rupees. ”.

7. Section 4 of the principal enactment is herebyamended in paragraph (a) of subsection (1) thereof, by thesubstitution for the words “a passenger service permit”, ofthe words, “the holder of a passenger service permit.”

8. Section 5 of the principal enactment is herebyamended in subsection (2) of that section by the repeal ofparagraph (a) thereof, and the substitution therefor of thefollowing paragraph :—

“(a) which is a motor cycle, light motor cycle, motorcar, dual purpose vehicle, motor tricycle, motortricycle van, motor lorry, light motor lorry, heavymotor lorry, motor coach, light motor coach, heavymotor coach, land vehicle, hand tractor, specialpurpose vehicle, motor ambulance, motor hearse orinvalid carriage as the case may be shall beregistered as such ;”.


(1) by the repeal of subsection (2) of that section andthe substitution therefor of the followingsubsection:—

“(2) The registered owner of a motor vehicleshall –

(a) forthwith inform the Commissioner Generalin the specified form, of any circumstance or


Amendment ofsection 5 of theprincipaleenactment.



event which affects the accuracy of any entryin the registers relating to the motor vehicleand shall at the same time forward or deliverto the Commissioner-General the Certificateof Registration of such motor vehicleaccompanied by the prescribed fee ; and

(b) where he intends to effect such alteration in amotor vehicle as will change the class, overallmeasurements, external appearance , wheelbase or seating capacity as specified in theCertificate of Registration, obtain the priorapproval of the Commissioner-General toeffect such changes.”;

(2) by the addition, immediately after subsection (2)of that section, of the following subsections whichshall have effect as subsections (3) and (4)thereof :—

“(3) The registered owner of a motor vehicleshall forthwith inform the Commissioner-Generalin the specified form of any circumstance or eventwhich affects the accuracy of any entry in theregisters relating to himself and shall at the sametime forward or deliver to the Commissioner-Generalthe Certificate of Registration of the motor vehicleaccompanied by the prescribed fee.

(4) The registered owner of a motor vehicle whocontravenes or fails to comply with any of theprovisions of the preceding subsections shall beguilty of an offence and shall, on conviction beliable to a fine not less than ten thousand rupeesand not exceeding twenty thousand rupees.”.


10. The following new section is hereby insertedimmediately after section 11 of the principal enactment andshall have effect as section 11 A of that enactment:—

11A. Where the registered owner of a motorvehicle wishes to transfer such vehicle he shalldo so substantially in the prescribed Forms, A,A1, B, B1, C and C1.”.


(1) by the repeal of subsections (2) and (3) of thatsection and the substitution therefor of thefollowing subsections :—

“(2) On the change of possession of a motorvehicle upon a voluntary transfer made by theregistered owner —

(a) the registered owner shall, within fourteendays after such change of possession —

(i) transmit direct to the CommissionerGeneral either by registered post orpersonal delivery, the duly perfectedprescribed Form A ; and

(ii) shall deliver to the new owner the dulyperfected prescribed Forms B, B1, Cand C1, the Certificate of Registrationrelating to the motor vehicle or aduplicate thereof, and the revenuelicence of that motor vehicle, and shallretain the duly perfected prescribedForm A1 as proof of change ofpossession ;

(b) such motor vehicle shall not be used at anytime after fourteen days of such change of

Insertion of newsection 11A inthe principalenactment.

“Transfer tobe onspecifiedforms.



possession unless the new owner has appliedfor registration as the new owner thereof :

Provided that this subsection shall not apply inany case where the change of possession of a motorvehicle is consequent on a contract of hiring wherethe period of hiring does not exceed three months.

(3) (a) A registered owner who fails to informthe Commissioner-General of the change ofpossession within fourteen days shall be guilty ofan offence and shall on conviction be liable to afine not less than three thousand rupees and notexceeding six thousand rupees.

(b) The new owner of a motor vehicle who failsto apply within fourteen days after change ofpossession to be registered as the new owner shallbe guilty of an offence and shall on conviction beliable to a fine not less than one hundred rupees foreach day after the fourteenth day up to the fortyfourth day of such failure.

(c) The new owner of a motor vehicle who failsto apply within forty four days after change ofpossession to be registered as the new owner shallbe guilty of an offence and shall on conviction beliable to a fine not less than five thousand rupeesand not exceeding ten thousand rupees.

(d) A registered owner or a new owner whosubmits any document which is forged or whichcontains a forged signature shall be guilty of anoffence and shall on conviction be liable to a finenot less than ten thousand rupees, and notexceeding fifteen thousand rupees.

(e) A police officer may detain a motor vehicle,the possession of which has changed and which isin use on a road for such period as may reasonably


be necessary for the purpose of verification ofownership and shall release it to the new owner—

(i) on confirmation by the Commissioner-General that such vehicle has beenregistered in the name of the new ownerthereof; and

(ii) on production of the Certificate ofRegistration thereof.”;

(2) in subsection (4) of that section—

(a) by the substitution in paragraph (a) thereof,for the words “within seven days” of thewords, “within fourteen days” ;

(b) by the substitution in paragraph (b) thereoffor the words “within fourteen days”, of thewords “within sixteen days”;

(c) by the repeal of paragraph (e) of thatsubsection and the substitution therefor ofthe following paragraph :—

“(e) the provisions of subsection (2)(b) shallapply to that motor vehicle in likemanner as they would apply, if therewas a change of possession of thatvehicle consequent upon a voluntarytransfer made by the registered owner .”.



“(1) Every application for the registration of anew owner upon any change of possession of anymotor vehicle shall—

(a) be made to the Commissioner Generalsubstantially in the prescribed Forms Band C;



(b) shall set out all particulars relating to thatmotor vehicle in respect of such of the mattersspecified in that form as may be applicableto that motor vehicle ;

and a receipt of acceptance shall be obtained fromthe Commissioner General.”;

(2) by the renumbering of subsection (2) of that sectionas subsection (3) thereof ;

(3) by the insertion immediately after subsection (1) ofthat section of the following subsection which shallhave effect as subsection (2) thereof :—

“(2) (a) The new owner shall retain the dulycompleted prescribed Forms B1 and C1 .”.


(1) by the re-numbering of that section as subsection(1) thereof ;

(2) in the re-numbered subsection (1) of that sectionby the substitution for all the words from “theCommissioner” to the end of that section, of thewords “the owner shall report such fact to theCommissioner-General within fourteen days andshall also forward the Certificate of Registration tohim and the Commissioner-General shall cancelthe registration of such motor vehicle ;

(3) by the repeal of the proviso to subsection(1) ;

(4) by the insertion, immediately after subsection (1)of that section, of the following subsections which

Amendmentof section 18of theprincipalenactment.


shall have effect as subsections (2), (3), (4), (5) (6)and (7) thereof :—

“(2) The Commissioner-General may for reasonsto be recorded, of his own motion, cancel theregistration of a motor vehicle,—

(a) if he has reason to believe—

(i) that it has been manufactured,assembled, fabricated, innovated,adapted, modified, or its constructionchanged, illegally or otherwise than inconformity with the prototypeapproved by the Commissioner-General ;

(ii) that it has been assembled otherwisethan with branded new parts or withoutthe permission of the manufacturer ofthose parts;

(iii) that it is mechanically defective;

(iv) that it fails to comply with prescribedstandards of safety;

(v) that it is stolen ;

(vi) that the identity of the vehicle is false;

(vii) that the chassis number has beentampered with;

(viii) that the applicant for registration of thevehicle has failed to furnish particularsof a previous registration if any;

(ix) that the applicant has furnishedinaccurate particulars in the applicationfor registration of the vehicle; or


(x) that the vehicle has been imported withforged documents or that theapplication for registration contains aforged signature or is accompanied byforged documents;

(b) where the motor vehicle comprises featureswhich—

(i) are not in accordance with theparticulars contained in theapplication;

(ii) are not in his opinion roadworthy orwhich by reason of its design,construction or any condition thereofor any equipment thereof, are not incompliance with the provisions of thisAct;

(iii) require the prior written approval ofthe Commissioner-General for theimport thereof and has been importedwithout obtaining such approval;

(iv) have been manufactured, assembled,fabricated, adapted, modified or theconstruction of which has beenchanged in any manner, without theprior written approval of theCommissioner-General;

(v) the registered owner thereof is dead,or cannot be found or that such vehiclehas ceased to be a motor vehicle ; or

(c) the registration of such motor vehicle hasbeen obtained on the basis of documentswhich were , or by representation of factswhich was, false in any material particular,


or the engine number or the chassis numberembossed thereon are different from suchnumber entered in the Certificate ofRegistration,

after giving the owner an opportunity to makesuch representation as he may wish to make (bysending to the owner a notice by registered post tohis address entered in the Certificate ofRegistration).

(3) The Commissioner - General shall, onreceiving evidence or information to the effect thata motor vehicle has not been issued a revenuelicense for two consecutive years and has not beenissued a Certificate of Non-user issued by theLicensing Authority for that period, forthwithrequire the registered owner to produce a validrevenue license or such Certificate of Non-userissued by the Licensing Authority and surrenderthe Certificate of Registration within a period ofone month. If the owner fails to produce therevenue license or such Certificate of Non-userreferred to in this section, the Commissioner -General shall cancel the registration of such motorvehicle.

(4) The Commissioner - General may order theexamination of any vehicle, and if upon suchexamination and after giving the owner anopportunity to make any representation he maywish to make (by sending to the owner a notice byregistered post to his address entered in theCertificate of Registration) he is satisfied that thevehicle is in such a condition that it is incapable ofbeing used or its use in a public place wouldconstitute a danger to the public and that it isbeyond reasonable repair, he shall order that thevehicle be written off and shall cancel theregistration of such motor vehicle.


(5) If a motor vehicle is declared unroadworthyconsequent to an accident or other circumstancethe Commissioner- General shall suspend theregistration of such motor vehicle:

Provided however, that if on application madethereafter by the registered owner, in a prescribedform together with the prescribed fee, theCommissioner - General is satisfied that the vehiclehas been made roadworthy and that it complies withthe provisions of this Act and regulations madethereunder, he may remove the suspension.

(6) Where the registration of a motor vehiclehas been cancelled under paragraph (b) ofsubsection (2) or where the identity of the vehicleor the identity of the owner of such vehicle is inquestion, such vehicle may be considered for re-registration under this Part, provided that—

(a) the owner complies with the provisions of thisAct and regulations made thereunder ; and

(b) the vehicle is inspected by an officerauthorized for the purpose by theCommissioner-General, and an endorsementto the effect that the owner has complied withthe provisions of this Act is made on theCertificate of Registration.

(7) Upon the cancellation of the registration ofa motor vehicle, the registered owner shall cease touse such vehicle and shall return the identificationplate to the Commissioner - General within sevendays from the date of being notified of suchcancellation.

(8) (a) The Commissioner - General shallmaintain a register of written off vehicles inaccordance with the prescribed procedure, wherein


information regarding motor vehicles that arewritten off, is entered. Such register shall be madeavailable for inspection by the public during officehours.

(b) Entries in the register of written off vehiclesmay be made, amended and removed only inaccordance with regulations made hereunder.

(9) For the purposes of subsections (7) and (8) amotor vehicle shall be written off only if, –

(a) the vehicle has been damaged by collision,fire, flood, accident, trespass or other eventor circumstances ; and

(b) the insurer of the vehicle or, if there is noinsurer, the registered owner of the vehiclemakes a determination that the extent of thedamage is such that the vehicle’s fair salvagevalue plus the cost of repairing it for use ona road or road related area would be morethan its fair market value immediately beforethe event or circumstances that caused thedamage.

(10) An insurer of a vehicle referred to in sub-section (a) is taken to have made a determinationunder paragraph (b) of subsection (9) if the insurer—

(a) allows a claim for the full insured value ofthe vehicle ; or

(b) disposes of the vehicle to a third party.

(11) A registered owner of a vehicle referred toin subsection (9) (b) is taken to have made adetermination under that section if the registeredowner disposes of the vehicle to a motor wrecker.


(12) The Commissioner General shall ensurethat a person who notifies the Commissioner Generalof a written-off vehicle, or who applies for an entryon the register of written-off vehicles to be amendedor removed, is informed at the time of notificationor application (as the case requires) that anyinformation given or document submitted inconnection with the notification or application, ora copy of such document, may be disclosed or usedfor investigation, law enforcement and alliedpurposes.

(13) The Minister may make regulationsregarding the disposal of written off vehicles, andthe records to be kept in that regard.

(14) Any person who contravenes any provisionof this section shall on conviction be liable to afine not less than ten thousand rupees and notexceeding twenty thousand rupees and on a secondor subsequent conviction to a fine not less thantwenty thousand rupees and not exceeding thirtythousand rupees.”.

14. The following new section is hereby insertedimmediately after section 18A in the principal enactmentand shall have effect as section 18B of that enactment :—

18B. Any person who —

(a) fraudulently uses or allows any otherperson to use ; or

(b) imitates, alters, mutilates, defaces, ordestroys a Certificate of Registration of amotor vehicle, shall be guilty of anoffence and shall on conviction be liableto a fine not less than fifteen thousandrupees and not exceeding twenty fivethousand rupees and on a second or

Insertion of newsection 18B inthe principalenactment.

“ Penalty forfraudulentlyusing ormutilatingetc. ofcertificate ofregistration.


subsequent conviction to a fine not lessthan thirty thousand rupees and notexceeding fifty thousand rupees or toimprisonment for a term not exceedingthree months or to both such fine andimprisonment.”.


(1) by the re-numbering of subsections (2) and (3) ofthat section as subsections (3) and (4) thereof;

(2) by the insertion immediately after subsection (1) ofthat section of the following subsection which shallhave effect as subsection (2) thereof:—

“(2) In particular and without prejudice to thegenerality of the foregoing provisions, the Ministermay make regulations –

(a) to regulate the width, height, wheel base,length and overhang of vehicles and trailersand the load carried thereon, the diameter ofwheels and the width, nature and conditionof tyres of such vehicles and trailers and toprohibit the use of any tyres likely to causedamage to the roads ;

(b) to prohibit excessive noise from warningdevices, noise emitted from engine exhaustand noise due to the design or condition ofthe motor vehicle or the loading thereof ;

(c) to regulate the maximum unladen and ladenweight of vehicles and trailers and themaximum axle load to be transmitted to theroad or any specified area thereof by a motorvehicle of any class or description or by any



part or parts of such a vehicle in contact withthe road and the conditions under which suchweights may be required to be tested ;

(d) to prescribe the particulars to be marked onvehicles and trailers ;

(e) to specify the number and nature of springsand brakes on vehicles and trailers and toensure that springs, brakes, silencers,emission, light, weight and steering gear shallbe efficient and kept in proper working orderand for empowering any person or classes ofpersons designated, named or described insuch regulations to test and inspect any suchsprings, brakes, silencers, emission, light,weight and steering gear on a road or, subjectto the consent of the occupier of any premises,on any such premises;

(f) to regulate the appliances to be fitted forsignalling the approach of a vehicle orenabling the driver of a motor vehicle tobecome aware of the approach of anothervehicle from the rear or for intimating anyintended change of speed or direction of amotor vehicle and to regulate or to prohibitthe use of any such appliances and to ensurethat they shall be kept efficient and in properworking order ;

(g) to regulate the lights to be installed invehicles and trailers whether in respect of thenature of such lights, the positions in whichthey shall be fixed and the periods duringwhich they shall be kept lighted or otherwise ;

(h) to prescribe the safety equipment to beinstalled in vehicles ;


(i) to control, in connection with the use of amotor vehicle, the emission of smoke, oilysubstance, ashes, water, steam, visible vapour,noxious fumes, sparks, cinders, gas or grit ;

(l) to regulate the towing or drawing of motorvehicles by motor vehicles and the mannerof attachments used therefor ;

(k) to prohibit in connection with the use of amotor vehicle the use of any appliances orthe commission of any act which is likely tocause annoyance or danger to other users ofthe road or its vicinity ;

(l) to regulate the number of trailers that may beattached in train to any motor vehicle, themanner of attachment and the manner inwhich trailers shall be kept under control andthe maximum weight thereof ;

(m) to prescribe the number of persons to beemployed in driving or attending to motorvehicles or trailers and to regulate the dutiesand conduct of such persons ;

(n) to prescribe a maximum speed for motorvehicles of any class or description and toprovide for exemption in special cases ; andprescribe the procedure of ascertaining thespeed by the use of radar detectors and laserspeed guns and photographic detectiondevices ;

For the purposes of this paragraph differentspeeds may be prescribed as the maximumspeed of a motor vehicle or class of motorvehicles in respect of a road or part of a roador a road in any area;


(o) to regulate or prohibit either generally or inspecified areas or roads and either at all timesor between specified hours, the use of hornsor other warning appliances, and differentrules may be made in respect of differentclasses or description of motor vehicles or inrespect of the same class or description ofvehicles in different circumstances ;

(p) to prescribe the degree of transmission oflight into a motor vehicle and the procedurefor determining the intensity of lightpenetration ;

(q) to specify the standards of emission of airpollutants ;

(r) to regulate the installation of catalyticconverters in any prescribed class of vehicles ;

(s) to regulate the transport of chemicals, gas orother dangerous goods ;

(t) to prohibit any class or classes or types ofmotor vehicles using the expressway or anyroad ; and

(u) to prescribe procedures for de-registering ofmotor vehicles (cancellation from theregister) and the fees to be charged therefor.”.

16. The following new sections are hereby insertedimmediately after section 19 of the principal enactment andshall have effect as sections 19A, 19B and 19C of thatenactment:—

19A. (1) No person shall fabricate,manufacture, assemble, innovate, adapt,modify or change the construction of a motorvehicle in Sri Lanka except with the priorwritten approval of the Commissioner-General.

Insertion ofnew sections19A, 19B and19C in theprincipalenactment.

“No person tofabricate,manufacture& c., motorvehicleexcept withpermission ofCommissioner-General.


(2) The Commissioner - General may uponapplication made in the prescribed Form andon payment of the prescribed fee, grant approvalto such applicant to manufacture, assemble,fabricate, innovate, adapt, modify or changethe construction of a motor vehicle as the casemay be, subject to compliance by the applicantwith terms and conditions which theCommissioner-General may specify by noticein writing, prior to the grant of such approval.

(3) Terms and conditions specified by noticeunder subsection (2), may include arequirement that the applicant’s facility formanufacturing, assembling, fabricating,innovating, adapting, modifying or changingthe construction of a motor vehicle as the casemay be shall conform to specifications set outin such notice.

(4) The Commissioner-General shall refuseto grant the written approval referred to insubsection (1), where he is satisfied that theapplicant has not complied with any term orcondition specified under subsection (2).Written notice of such refusal shall be given tothe applicant.

(5) Any person aggrieved by the refusal ofthe Commissioner-General to grant writtenapproval under this section may, withinfourteen days of the receipt of the written noticeof such refusal, appeal in writing to the MotorTraffic Appeals Tribunal constituted undersection 213AA, whose decision thereon shallbe final.

(6) The Commissioner-General may, bynotice in writing, require a manufacturer,assembler, fabricator, innovator, adaptor,


modifier or person engaged in the business ofchanging the construction of a motor vehicle,to effect such additions, improvements, ormodifications as he may specify in such notice,to an existing facility for manufacturing,assembling, fabricating, innovating, adapting,modifying or changing the construction of amotor vehicle.

(7) The Commissioner-General shall cancela written approval granted under subsection(2) where he is satisfied that the manufacturer,assembler, fabricator, innovator, adaptor,modifier or person engaged in the business ofchanging the construction of a motor vehicle—

(a) has failed to comply with therequirements of a notice sent to him undersubsection (6) ; or

(b) (i) has carried on the business ofmanufacturing, assembling,fabricating, innovating, adapting,modifying or changing theconstruction of a motor vehicle in animproper or unsatisfactory manner ;

(ii) has failed to comply with any of theterms and conditions subject to whichsuch written approval was granted ;or

(iii) has been convicted of an offence underthis Part or has contravened theprovisions of any regulation madethereunder.

(8) The Commissioner - General shallbefore cancelling any written approval under


subsection (7), give notice in writing of hisintention to do so, specifying a date, not lessthan fourteen days from the date of the notice,upon which such cancellation shall be madeand calling upon such manufacturer, fabricator,assembler, innovator, adaptor, modifier orperson changing the construction of a motorvehicle to show cause to the Commissioner-General as to why such written approval shouldnot be cancelled.

(9) Where the Commissioner-General hascancelled any written approval granted to aperson under the provisions of subsection (7),he shall forthwith inform such person of suchcancellation by notice in writing.

(10) Any person aggrieved by the decisionof the Commissioner General under subsection(7) may, within fourteen days of the receipt ofthe notice referred to in subsection (9), appealin writing against such cancellation to theMotor Traffic Appeals Tribunal establishedunder section 213AA, whose decision thereonshall be final.

(11) An order of cancellation shall not takeeffect until the expiration of a period of fourteendays from the date of receipt of the notice ofcancellation under subsection (9).

(12) If within that period, the personaggrieved by such cancellation appeals to theMotor Traffic Appeals Tribunal establishedunder section 213AA the order shall not takeeffect until such Tribunal confirms such orderof cancellation or the appeal is dismissed.


(13) Where an order of cancellation becomeseffective under subsections (7) or (11), themanufacturer, assembler, fabricator, innovator,adaptor, modifier or person changing theconstruction of a motor vehicle shall as fromthe date when such order becomes effective,cease to carry on the business of manufacturing,assembling, fabricating, innovating, adapting,modifying or changing the construction of amotor vehicle as the case may be.

(14) Where written approval has beengranted to a manufacturer, assembler, fabricator,innovator, adaptor, modifier, or personchanging the construction of a motor vehicle,for the carrying on of business in such capacity,and an order of cancellation has been made inrespect of any such category of persons, suchperson shall, within seven days of the makingof such order of cancellation, surrender to theCommissioner - General –

(a) the letter of written approval issued tosuch person; and

(b) the Certificate of Registration issued tohim as a manufacturer, assembler,fabricator, innovator, adapter, modifier orconstruction changer, as the case may be,

(15) A manufacturer, assembler, fabricator,innovator, adapter, modifier, or person engagedin the business of changing the construction ofa motor vehicle, the written approval for whosebusiness has been cancelled under this section,may on satisfying the Commissioner - Generalthat he has, since such cancellation—

(a) complied with the requirements of a noticesent to him under subsection (6);


(b) complied with the terms and conditionssubject to which such written approvalwas previously granted ; and

(c) is carrying on such business in a properand satisfactory manner,

re-apply to the Commissioner-General-

(i) for the grant of written approval forhis business ; and

(ii) for the issue of a Certificate ofRegistration as a manufacturer,assembler, fabricator, innovator,adapter, modifier or constructionchanger as the case may be.

(16) Any person aggrieved by the refusalof the Commissioner-General to re-issue writtenapproval or issue or renew the Certificate ofRegistration issued to such person as amanufacturer, assembler, fabricator, innovator,adapter, modifier or construction changer asthe case may be, may within fourteen days ofthe receipt of the written notice of refusal,appeal in writing to the Secretary of the Ministryof the Minister, whose decision thereon shallbe final.

(17) A person who contravenes theprovisions of subsections (1), (13) or (14) shallbe guilty of an offence and shall on convictionbe liable to a fine not less than fifty thousandrupees and not exceeding one hundredthousand rupees and to the confiscation of suchmotor vehicle.


(18) The Minister may make regulations inrespect of the procedure for the issue of aCertificate of Registration as a manufacturer,assembler, fabricator, innovator, adapter,modifier or construction changer as the casemy be, including the conditions to be attachedto such Certificate and the conduct of suchcertificate holders.

19B. (1) No person shall assemble a motorvehicle except –

(a) with branded new parts ; and

(b) with the prior written permission of themanufacturer of such parts.

(2) Any person who assembles a motorvehicle otherwise than in accordance with theprovisions of subsection (1), shall be guilty ofan offence and shall on conviction be liable toa fine not less than fifty thousand rupees andnot exceeding one hundred thousand rupees.

19C. (1) No person shall import a motorvehicle into Sri Lanka—

(a) which is not in conformity with theprototype approved by theCommissioner-General; and

(b) except under the authority of a permitissued in that behalf by theCommissioner-General.

(2) A person who contravenes the provisionsof subsection (1) shall be guilty of an offenceand shall on conviction be liable to a fine notless than three hundred thousand rupees andnot exceeding five hundred thousand rupees.”.

Prohibitionon assemblyof motorvehiclesexceptwithbrandednewparts.

Prohibitiononimportationof certainvehicles.


17. The following new section is hereby insertedimmediately after section 24 of the principal enactment andshall have effect as section 24A of that enactment :—

24A. A person who —

(a) contravenes the provisions of sections 21,22, 23 and 24 of this Act ; or

(b) (i) fraudulently uses or allows any otherperson to use any identification plate,or

(ii) imitates, alters, mutilates, defaces ordestroys any identification plate,

shall be guilty of an offence and shall onconviction be liable to a fine not less than fifteenthousand rupees and not exceeding twenty fivethousand rupees and on a second or subsequentconviction to a fine not less than thirtythousand rupees and not exceeding fiftythousand rupees or to imprisonment for a termnot exceeding three months or to both suchfine and imprisonment.”.

18. Section 29 of the principal enactment is herebyrepealed and the following section substituted therefor :—

29. (1) (a) No revenue license for a motorlorry, light motor lorry, heavy motor lorry,motor coach, light motor coach, heavy motorcoach, motor hearse or motor ambulance shallbe issued by any licensing authority unless aCertificate of Fitness and an EmissionCertificate issued in respect thereof undersection 196, is produced.


Replacement ofsection 29 of theprincipalenactment.

“ Revenuelicences formotorvehicles.

“Penalty forcontraventionof sections21, 22, 23and 24.


(b) No revenue license for a motor cycle,light motor cycle, motor car, dual purposevehicle, motor tricycle, motor tricycle van, landvehicle, hand tractor or special purpose vehicleshall be issued by any licensing authorityunless an Emission Certificate issued in respectthereof under section 196, is produced.

(2) The Minister may make regulations—

(a) providing for the amalgamation of theCertificate of Fitness and EmissionCertificate if so required;

(b) identifying new classes of vehicles inrespect of which either the Certificateof Fitness or the Emission Certificatemay be required.”.


44. (1) The Commissioner-General, may ifhe is satisfied upon application made in theprescribed form and accompanied by theprescribed fee and documents relating to theimportation of a motor vehicle, that suchmotor vehicle has been imported into SriLanka—

(a) for participation in a motor sports meetapproved by the Minister in charge ofthe subjects of sports; or

(b) for the purpose of being used by theowner of that vehicle during a visit to SriLanka ,

notwithstanding that no person has beenregistered as the owner of that vehicle, issue to

Replacementof section 44of theprincipalenactment. “Visitor’s

temporarylicence .


the owner a visitor’s temporary licence in theprescribed form, authorizing the possessionand use of the motor vehicle for a period notexceeding twelve months from the date ofimportation.

(2) The powers conferred on theCommissioner General by subsection (1) mayin the case of motor vehicles imported throughany Port in Sri Lanka, be exercised by theGovernment Agent or Divisional Secretary ofthe Administrative District within which thePort is situated or by the Superintendent ofCustoms of that Port.

(3) Every application made to, and a copyof every visitor’s temporary licence issued by,any officer under subsection (2) shall beforwarded to the Commissioner-General withinfourteen days from the date of issue.

(4) Every visitor’s temporary licence shallspecify the make, model, chassis number,engine number and colour of the motor vehicleand the details of distinctive plates issued undersubsection (5).

(5) The Commissioner-General shall issueto such owner two plates bearing a distinctivenumber or numbers assigned for the purposesof this section.

(6) Such plates shall be displayed asprescribed and shall be returned to theCommissioner-General on the expiry of thelicence.

(7) The owner of the visitor’s temporarylicence shall de-register the temporaryregistration of such vehicle prior to it’sexportation.”.


20. Section 102 of the principal enactment is herebyamended in subsection (5) of that section by the substitutionof that words “eighteen years”, of the words “seventeenyears”.

21. Section 106 of the principal enactment is herebyrepealed and the following section substituted therefor:—

106. (1) No sum shall be payable by aninsurer under the provisions of section 105 inrespect of any decree—

(a) unless before or within seven days of thecommencement of the action the plaintiffin the action in which such decree wasentered has given notice of such actionto such insurer; or

(b) so long as execution of such decree isstayed pending appeal.

(2) Every notice given under subsection (1)shall—

(a) specify the name of the court in whichsuch action is instituted;

(b) specify the number assigned to theaction;

(c) specify the names of, the parties tothe action;

(d) specify the number of the insurancepolicy in respect of which the actionis instituted;

(e) specify the nature of the action ; and

Amendment ofsection 102 ofthe principalenactment.


“Liability ofinsurer inrespect ofany decree.


(f) require the insurer to answer the plaintbefore a date to be specified in suchnotice.

(3) Every notice shall be accompanied by acopy of the plaint filed in the action.

(4) An insurer to whom such notice is givenshall be made a party to such action and shallbe entitled to defend such action.”.

22. The following new section is hereby insertedimmediately after section 112 of the principal enactmentand shall have effect as section 112A of that enactment:—

112A. (1) Where a person in whose favourthe Certificate of Insurance has been issued inaccordance with the provisions of this Chaptertransfers to another person the ownership ofthe motor vehicle in respect of which suchinsurance was taken together with the policyof insurance relating thereto, the Certificate ofInsurance and the policy described in theCertificate shall be deemed to have beentransferred in favour of the person to whom themotor vehicle is transferred with effect fromthe date of its transfer.

Explanation – For the removal of doubts, itis hereby declared that suchdeemed transfer shall includethe transfer of rights andliabilities of the saidCertificate of Insurance andpolicy of insurance.

(2) The transferee shall apply within forty-four days from the date of transfer in theprescribed Form to the insurer for making

Insertion of newsection 112A ofthe principalenactment.

“ Transfer ofCertificate ofInsurance.


necessary changes in regard to the fact oftransfer in the Certificate of Insurance and theinsurer shall make the necessary changes inthe Certificate and the policy of insurance inregard to the transfer of insurance.”.


122. (1) For the purposes of this Act, motorvehicles shall be divided into the classesspecified in Columns 1, 2 and 5 of the Scheduleto this section and a licence for the classesspecified in Columns 1, 2 and 5 shall bedeemed to authorize the holder thereof to drivea motor vehicle of a class specified in Columns1, 2, 3 and 5 as defined in I.S.O. Standard No.I.S.O. / TEC/ FDIS-18013-1-2005(E) hereof.

(2) Notwithstanding the provisions ofsubsection (1), the Minister may in exceptionalcircumstances make regulations to the effectthat a driving licence other than a licencespecified in subsection (1) shall be deemed toauthorize the holder thereof to drive a motorvehicle of a class specified in such regulations.

Replacementof section122 of theprincipalenactment. “ Classification

of drivinglicences formotorvehicles.


Column Column Column Column Column1 2 3 4 5

Description New Validity Pictograph Presentclassess other Class

classes

SCHEDULE

1 (i) Motor CyclesMotorcycles ofwhich enginecapacity exceeds100CC

(ii) Light Motor CyclesMotorcycle ofwhich enginecapacity does notexceed 100CC

2 Dual purpose Motorvehicle of whichGross VehicleWeight does notexceed 3500kilograms and theseating capacitydoes not exceed 9seats inclusive ofthe driver’s seat,which may becombined with atrailer of whichmaximumauthorized tare doesnot exceed 750kilograms; motorvehicles in this classinclude an invalidcarriage. And allcars where theseating capacitydoes not exceed 9seats inclusive ofthe Driver’s seat.

3 Motor Tricycle /Motor Tricycle van.Motor tricycle orvan of which thetare does not exceed

A A1, G1 D

A1 G1 D

B G1 C, C1

B1 G1 E,F


500 KG and Grossvehicle weight doesnot exceed 1000kilograms; motorvehicle in this classinclude an invalidcarriage.

4 (i) Motor Lorry –Motor Lorry ofwhich GrossVehicle Weight ismore than 17000kilograms; may becombined with atrailer having amaximumauthorized tarewhich does notexceed 750kilograms

(ii) Light Motor Lorry-Motor Lorry ofwhich GrossVehicle Weightexceeds 3500 anddoes not exceeds17000 kilograms;motor vehicles inthis class may becombined with atrailer having amaximumauthorized tarewhich does notexceed 750kilograms; motorvehicles of thisclass include amotor ambulanceand motor hearse.

C C1, G1 BB, B1, J, G

C 1 G, G1, BB, B1



classes


5 Heavy Motor LorryCombination ofmotor lorry andtrailer (s) includingArticulated Vehiclesand its trailer (s) ofwhich maximumauthorized tare ofthe trailer exceeds750 kilograms andGross vehicleweight exceeds3500 kilograms

6 (i) Motor Coach-MotorCoach where theseating capacitydoes not exceed 33seats inclusive of thedriver’s seat; motorvehicles in this classmay be combinedwith a trailer havinga maximumauthorized tarewhich does notexceed 750kilograms.

(ii) Light Motor Coach-Motor vehicles usedfor the carriage ofpersons and havinga seating capacity ofnot less than 9 seatsand not more than33 seats inclusive ofthe driver’s seat;motor vehicles inthis class may becombined with atrailer having a

CE C, C1, BB,B1,G, G1, J

D D1, C, AC1, B,B1, G,G1, J

D1 C1, B, A1B1, G,G1



classes


maximumauthorized tarewhich does notexceed 750kilograms.

7 Heavy MotorCoach-Combination ofmotor coach havinga seating capacity of33 seats inclusive ofthe driver’s seat andits trailer having amaximumauthorized tareexceeding 750kilograms or acombination of twomotor coaches

8 Land Vehicle-Agricultural LandVehicle with orwithout a Trailer

9 Hand Tractors-TwoWheel Tractor witha Trailer

10 Special purposeVehicle,Vehicle usedfor construction,loading &c,.excluding motorlorries, light motorlorries and heavymotor lorries,equipped withconstructionequipment andequipment forloading andunloading goods



classes

DE D, D1,CE, C,C1, B, AB1, G,G1, J

G G1 G,G1

G1

J G1

BG


24. The following new section is hereby insertedimmediately after section 122 of the principal enactmentand shall have effect as section 122A thereof :—

122A. (1) For the purposes of this Actdriving licences or permits as the case may beshall—

(a) in the case of motor vehicles belongingto the classes specified in items 1(i), 1(ii),2, 3, and 8 of the Schedule to section122, be of the following classes :—

(i) Learner’s Permit ; and

(ii) Regular Driving Licence for lightvehicles ;

(b) in the case of motor vehicles belongingto the classes specified in items 4(i), 4(ii),5, 6 (i), 6 (ii), 7, 9 and 10 of the Scheduleto section 122, be of the followingclasses :—

(i) Learner’s Permit ;

(ii) Regular Driving Licence for heavyvehicles.

(2) Every person who desires to obtain a driving licenceunder this Act for classes specified in items 4(i), 4(ii), 5, 6(i),6(ii), 7, 9 and 10 of the Schedule to section 122 (heavyvehicles) shall at the time of applying therefor, possess aRegular Driving Licence for motor vehicles of the classesspecified in items 2, 3 or 8 of such Schedule.”.


(1) in subsection (1) of that section, by the substitutionfor the words “effective driving licence” whereverthose words appear in that section, of the words“regular driving licence subject to a probationperiod.”


“Classes ofdrivinglicences.

Amendment ofsection 123of the principalenactment.


(2) by the repeal of subsection (2) thereof and thesubstitution therefor of the following subsection:—

“(2) (a) A person who does not hold a drivinglicence and who wishes to learn or to be permittedto drive a motor vehicle shall make application tothe Commissioner-General for a Learner’s Permit—

(i) in the prescribed form; and

(ii) accompanied by the prescribed levy and theprescribed documents.

(b) The Commissioner-General shall conduct atheory examination for the purpose of ascertainingwhether the applicant is competent to be granted aLearner’s Permit and if such applicant is successfulat such examination, and satisfies theCommissioner- General in regard to therequirements specified in paragraph (c) of thissubsection, issue him with a Learner’s Permit.

(c) Every applicant for a Learner’s Permit shallprove to the satisfaction of the Commissioner-General—

(i) in the case of an application for a Learner’sPermit to drive light vehicles that he hascompleted the age of seventeen years; and inthe case of an application for a Learner’sPermit to drive heavy vehicles that he hascompleted the age of twenty years ; and

(ii) that he is physically fit to drive the class orclasses of vehicles in respect of which theapplication is made.

(d) Every person who is successful at the theoryexamination referred to in paragraph (b) shall—

(i) apply to the Commissioner-General in theprescribed form accompanied by theprescribed fee, for the ‘L’ plate which shall be


fixed and maintained on a motor vehicle inaccordance with the succeeding provisionsof this section ;

(ii) obtain an insurance cover in accordance withthe provisions of section 99.

(e) A holder of an ‘L’ plate shall not permit orcause the owner or any other person in charge of amotor vehicle who is not the holder of an ‘L’ plateto use that plate for the purpose of learning:

Provided that—

(i) no person other than the holder of aLearner ’s Permit and the personinstructing him shall travel in such motorvehicle; where the person so instructingsuch learner is a registered drivinginstructor, the maximum number oflearners carried in a motor vehiclebelonging to the class referred to in item 2of the Schedule to section 122 shall notexceed three persons and in motorvehicles of a class referred to in items 6(i),6(ii) and 7 of the Schedule to section 122shall not exceed six persons;

(ii) the holder of a Regular Driving Licencewhich is valid for motor vehicles of thatclass and who should be at least twentyone years of age, shall accompany himfor the purpose of instructing him andshall be seated at his side :

Provided however that therequirements herein contained shall notapply to motor cycles and tractors ; and


(iii) there is carried above each identificationplate fixed on the vehicle, in such manneras not to obstruct any such identificationplate, a white board or plate bearing theletter ‘L’ painted thereon in red thedimensions of such letter being at leasttwice the corresponding dimensions ofany letter forming part of the distinctivenumber on the identification plate.

(f) The holder of a Learner’s Permit may oncompletion of a period of three months from thedate of issue of such Learner’s Permit and if he hassatisfied the requirements set out in section 125,apply to the Commissioner-General in theprescribed Form accompanied by the prescribed levyto convert his Learner’s Permit into a RegularDriving Licence.

(g) Regulations may be made prescribing—

(i) any other requirement or condition forthe issue of a Learners’ Permit ; and

(ii) the shape, size, colour, details of displayand the procedure for the issue of ‘L’plate.”.

(3) by the addition, immediately after subsection (2)of that section of the following subsections whichshall have effect as subsections (3), (4) (5), (6) and(7) thereof :—

“(3) (a) A Regular Driving Licence shall besubject to a minimum probationary period of oneyear from the date of issue and a maximumprobationary period of two years from the date ofissue.


(b) Where the holder of a Regular DrivingLicence has within the probationary period of oneyear accumulated the prescribed number of driverimprovement points as would result in thecancellation or suspension of his driving licenceunder section 133A, or driver improvement pointsover and above such prescribed number, theCommissioner-General shall extend the period ofprobation for a further period of one year.

(c) If the Commissioner-General is satisfied thatthe holder of a Regular Driving Licence underparagraph (b), has during the extended probationaryperiod of one year accumulated the prescribednumber of driver improvement points which wouldresult in the suspension or cancellation of a drivinglicence under section 133A or driver imporvementpoints over and above such prescribed number, heshall forthwith cancel such probationary licence.

(4) (a) For the purposes of this Act, every drivinglicence, irrespective of whether it is a RegularDriving Licence subject to a probationary periodor a Regular Driving Licence, shall be treated as avalid driving licence for the class or classes of motorvehicles referred to therein.

(b) All levies recovered by the Commissioner-General in respect of the issue of every such licenceor permit referred to in subsection (1) of section122 shall be deemed to have been validly recoveredunder the provisions of this Act.

(5) (a) A person who contravenes the provisionsof paragraph (a) of subsection (1) shall be guilty ofan offence and shall on conviction be liable to afine not less than three thousand rupees and notexceeding six thousand rupees and on a second orsubsequent conviction to a fine not less than sixthousand rupees and not exceeding ten thousandrupees.


(b) A person who contravenes the provisions ofparagraph (b) of subsection (1) shall be guilty of anoffence and shall on conviction be liable to a finenot less than four thousand rupees and notexceeding eight thousand rupees and on a secondor subsequent conviction to a fine not less thaneight thousand rupees and not exceeding twelvethousand rupees.

(6) (a) A person who contravenes the provisionsof paragraph (d) of subsection (2) shall be guilty ofan offence and shall on conviction be liable to thepenalty specified in section 224.

(b) A person who contravenes the provisions ofparagraph (e) of subsection (2), shall be guilty ofan offence and shall on conviction be liable to thepenalty specified in section 224.

(7) A person who contravenes the provisions ofparagraph (a) of subsection (3) shall be guilty of anoffence and shall on conviction, be liable to thepenalty specified in section 224.”.


124. (1) Every application for a LearnersPermit and Regular Driving Licence shall bemade to the Commissioner-General in theprescribed Form, and shall be accompaniedby—

(a) a Medical Certificate from the NationalTransport Medical Institute establishedunder the National Transport MedicalInstitute Act, No. 25 of 1997 or a medicalpractitioner registered under the MedicalOrdinance (Chapter 105) and duly

Replacementsection 124 ofthe principalenactment.

“Applicationfor aLearnersPermit andRegularDrivingLicence.


authorized by the National TransportMedical Institute or authorized by theCommissioner-General, which certifiesthat the applicant is physically fit to drivethe class or classes of vehicles in respectof which the application is made ;

(b) the prescribed levy ;

(c) two copies of a photograph of theapplicant of such size as may beprescribed and taken not earlier than sixmonths prior to the date of the making ofthe application;

(d) a declaration made by the applicant inthe prescribed Form as to whether or nothe is suffering from any disease or mentalor physical disability as would be likelyto cause his driving to be a source ofdanger to the public.

(2) Every applicant for a driving licence validfor motor vehicles belonging to the classesspecified in items 1(i), 1(ii), 2, 3 and 8 of theSchedule to section 122 shall prove to thesatisfaction of the Commissioner-General—

(a) that he has completed the age of eighteenyears ; and

(b) that he has been a learner driver for atleast three months from the date heobtained ‘L’ plate from theCommissioner-General.

(3) Every applicant for a driving licencevalid for motor vehicles belonging to theclasses specified in items 4(i), 4(ii), 5, 6(i), 6(ii),


7, 9 and 10 of the Schedule to section 122shall prove to the satisfaction of theCommissioner-General that he –

(a) has completed the age of twenty-oneyears ;

(b) has been a learner driver of the class ofvehicles in respect of which theapplication is made for at least threemonths from the date he obtained ‘L’plate from the Commissioner-General;

(c) possesses an adequate practicalknowledge of the mechanism of motorvehicles as may be prescribed ;

(d) possesses such educational and otherqualifications as may be prescribed ;

(e) possesses such physical requirements asmay be prescribed ;

(f) has been in possession of a RegularDriving Licence valid for motor vehiclesbelonging to the classes specified initems 2 and 3 of the Schedule to section122, for a period of not less than twoyears.”.

27. The following new sections are hereby insertedimmediately after section 124A of the principal enactmentand shall have effect as sections 124B, 124C and 124D ofthat enactment :—

124B. (1) There shall be Motor TrafficAppeals Board (hereinafter in this Part referredto as “the Board”) consisting of the followingmembers who shall be persons who have gainedrecognition or integrity:—

(a) a nominee of the Secretary to theMinistry of the Minister in charge of thesubject of Transport;

Insertion of newsections 124B,124C and 124Din the principalenactment.

“MotorTrafficAppealsBoard.


(b) a retired examiner of Motor Trafficnominated by the Secretary to theMinistry of the Minister in charge of thesubject of Transport; and

(c) one person from the Police Departmentnominated by the Inspector General ofPolice.

(2) An applicant for a driving licence whohas complied with the requirements set out insubsection (2) of section 123 and section 124,and who is aggrieved by the decision of theCommissioner-General refusing to issue him adriving licence may prefer an appeal to theBoard against such decision.

(3) The Board shall within a period of thirtydays from the date of preferring the appealcommunicate its decision on such appeal tothe applicant and the Commissioner-General,and the Commissioner-General shall give effectto such decision.

124C. (1) The Minister shall appoint aMedical Committee comprising of –

(a) the Commissioner-General of MotorTraffic or his nominee ;

(b) the Director -General of Health Servicesor his nominee ;

(c) Specialist/Medical Officer registeredunder the Medical Ordinance (Chapter.)who has specialized in the particular field;and

(d) a representative of the Ministry of theMinister in charge of the subject ofTransport :

MedicalCommittee.


(2) The duties of the Medical Committeeshall be to hear appeals from persons aggrievedby the refusal to issue Medical Certificates bymedical practitioners or the National TransportMedical Institute under section 124D.

(3) A medical practitioner who wilfullyissues a Medical Certificate which is incorrectas regards the medical condition of an applicantor is incorrect in regard to any materialparticulars specified therein shall be guilty ofthe offence of fraudulent issue of a medicalcertificate and shall on conviction be liable toa fine not less than ten thousand rupees andnot exceeding twenty thousand rupees andsuch practitioner shall also be reported to theSri Lanka Medical Council.

124D. (1) An applicant for a Learners Permitand Regular Driving Licence who is aggrievedby the refusal of a Medical Practitioner referredto in section 124 or the National TransportMedical Institute to issue him with a MedicalCertificate may prefer an appeal against suchrefusal to the Medical Committee appointedunder section 124C.

(2) Such Medical Committee shall withina period of seven days cause such applicant tobe examined by a registered medicalpractitioner other than a medical practitionerreferred to in paragraph (1) and shall if suchmedical practitioner certifies that the applicantis fit to be issued a driving licence, issue him aMedical Certificate and shall report such factto the Sri Lanka Medical Council.


(1) in subsection (1) of that section, by the substitutionfor the words “licence which it accompanies.” ofthe words, “licence which it accompanies and any

Appeals toMedicalCommittee.



endorsement made on such form shall be deemedto have been made upon such driving licence.”;

(2) in subsection (4) of that section, by the substitutionfor the words “driving a motor vehicle in a safe andproper manner.” of the words “driving a motorvehicle in a safe or proper manner :

Provided that, the Commissioner-General mayrefuse to issue a driving licence in circumstancesthat appear to him to be detrimental to the interestof the public.”;

(3) by the repeal of subsection (5) thereof and thesubstitution therefor of the following subsection:—

“(5) No Regular Driving Licence shall beissued—

(a) in respect of motor vehicles belongingto the clauses specified in items 1(i),1(ii), 2, 3 and 8 and of the Schedule tosection 122 to any person who has notattained the age of eighteen years ; and

(b) in respect of motor vehicles belongingto the clauses specified in items 4(i),4(ii), 5, 6(i), 6(ii), 7, 9 and 10 of theSchedule to section 122 to any personwho has not attained the age of twenty-one years,

and, a licence issued to any such person shall be ofno force or effect in law.”.



“(1) Unless otherwise prescribed by theMinister and subject to the provisions of



subsections (2) and (3) of section 126A andsection 126B, Learners Permit and RegularDriving Licence issued in respect of motorvehicles —

(a) belonging to the classes specified initems 4(i), 4(ii), 5, 6(i), 6(ii), 7, 9 and 10of the Schedule to section 122, shallbe valid for a period of four years ;

(b) belonging to the classes specified initems 1(i), 1(ii), 2, 3 and 8 of theSchedule to section 122, shall be validfor a period of eight years.”.

(2) by the addition, immediately after subsection (3)of that section, of the following subsections whichshall have effect as subsections (4) and (5)thereof :—

“(4) A person who drives a motor vehicle on aroad at any time during which his driving licencehas been suspended or cancelled or where the periodof validity of such licence has expired shall beguilty of an offence and shall on conviction be liableto a fine not less than five thousand rupees and notexceeding ten thousand rupees.

(5) The Minister may make regulationsprescribing the period of validity of driving licencesissued under this Act for any class or classes ofvehicles specified under section 122”.

30. The following new sections are hereby insertedimmediately after section 126A of the principal enactmentand shall have effect as sections 126B and 126c thereof :—

126B. (1) Subject to the provisions ofsubsections (2) and (3) of section 126 andsection 126A every driving licence may, on the

Insertion of newsections 126Band 126C in theprincipalenactment.

“Renewal ofdrivinglicences.


expiry of the period for which it is issued, berenewed in the case of motor vehicles of a classreferred to in items 1(i), 1(ii), 2, 3, 8 and 10 ofthe Schedule to section 122 for further periodsof eight years each at a time and in the case ofmotor vehicles of a class referred to in items4(i), 4(ii), 5, 6(i), 6(ii), 7 and 9 of the Scheduleto section 122 for further periods of four yearseach, at a time.

(2) Every application for the renewal of adriving licence shall be in the prescribed Formand shall be accompanied by–

(a) (i) in the case of belonging to the classesspecified in items 1(i), 1(ii), 2, 3 and 8of the Schedule to section 122 aMedical Certificate from the NationalTransport Medical Instituteestablished under the NationalTransport Medical Institute Act, No.25 of 1997 or from a medicalpractitioner registered under theMedical Ordinance (Chapter 105) orduly authorized by the NationalTransport Medical Institute orauthorized by the Commissioner-General, which certifies that theapplicant is physically fit to drivemotor vehicles of the class or classesin respect of which such applicationis made ; and

(ii) in the case of vehicles belonging tothe classes specified in items 4(i), 4(ii),5, 6(i), 6(ii), 7, 9 and 10 of the Scheduleto section 122 a Medical Certificatefrom the National Transport MedicalInstitute established under theNational Transport Medical Institute


Act, No. 25 of 1997 or or by a MedicalPractitioner registered under theMedical Ordinance (Chapter 105)duly authorized by the NationalTransport Medical Institute orauthorized by the Commissioner-General, which certifies that theapplicant is physically fit to drivemotor vehicles of the class or classesin respect of which such applicationis made;

(b) the prescribed levy ; and

(c) two copies of a photograph of theapplicant, of such size as may beprescribed, taken not earlier than sixmonths prior to the date of the makingof the application.

(3) Every application for the renewal of adriving licence shall be forwarded to theCommissioner-General three months prior tothe expiry of a licence currently in force.


(1) by the repeal of subsection (1) of that section andthe substitution therefor of the followingsubsection:—

“(1) A driving licence, unless expressed to bevalid for all classes of vehicles, shall be valid onlyfor the class or classes of motor vehicles specifiedin Column 3 of the Schedule to section 122.”;

(2) by the repeal of subsections (2) and (4);



32. The following new sections are hereby insertedimmediately after section 128 of the principal enactmentand shall have effect as sections 128A and 128B of thatenactment :-

128A. (1) No person, who is the holder of adriving licence valid for any class or classes ofmotor vehicles shall drive any emergencyservice vehicle or public service vehicle onany road unless he is specifically authorizedto do so by a special endorsement of theCommissioner –General on his driving licence.

(2) A person wishing to drive an emergencyservice vehicle or a public service vehicle onany road shall make application to theCommissioner –General on the prescribed formaccompanied by the prescribed levy.

(3) The Minister may make regulationsprescribing the requirements, qualificationsand tests to be conducted to qualify for anendorsement on a driving licence empoweringa licence holder to drive an emergency servicevehicle or public service vehicle as the casemay be.

128B. (1) A person wishing to drive aspecial purpose vehicle shall make applicationfor a licence for that purpose to theCommissioner- General in the prescribed fromaccompanied by the prescribed levy.

(2) The Minister may make regulationsprescribing the requirements to be satisfied,the qualifications necessary and the tests to beconducted for the purpose of determiningwhether a person qualifies to drive a specialpurpose vehicle.”.

Insertion of newsections 128Aand 128B in theprincipalenactment.

“Emergencyservicevehicles andpublicservicevehicles.

Specialpurposevehicles.


33. Section 132 of the principal enactment is herebyamended as follows —

(1) in subsection (1) of that section by the substitutionfor the words “not exceeding three months” of thewords “not exceeding twelve months”; and

(2) in subsection (5) of that section by the substitution,for the words “shall not apply to the issue of”, ofthe words “shall apply to the issue of”.”.

34. The following new sections are hereby insertedimmediately after section 132 of the principal enactmentand shall have effect as sections 132A and 132B thereof :—

132A. (1) Any person ordinarily resident inSri Lanka, being the holder of a driving licenceissued under Part VII of this Act, may onapplication made in the manner hereinafterprovided, obtain an International DrivingPermit authorizing him to drive a vehicle whilstabroad in any of the contracting States orTerritories that have acceded to the ViennaConvention on Road Traffic of EighthNovember, One Thousand Nine Hundred andSixty Eight.

(2) An application for any such drivingPermit shall be in the prescribed Form and beaccompanied by the prescribed levy and maybe submitted to the prescribed associations whoshall forward the application to theCommissioner-General.

(3) Every applicant for an InternationalDriving Permit shall be examined by anauthorized officer appointed for the purposeby the Commissioner-General, prior to the issueof the said Permit.

Insertion of newsections 132Aand 132B in theprincipalenactment.

“InternationalDrivingPermit.



(4) Such International Driving Permit shallbe valid for a period of one year commencingfrom the date of issue.

(5) For the purpose of this section“prescribed association” means the AutomobileAssociation of Ceylon or any other Associationwhich is affiliated to the Alliance Internationalde Tourism in Geneva, Switzerland, being theregulatory body for the issue of InternationalPermits as may be prescribed by the Ministerby Notification published in the Gazette.

132B. A person who is a bonafide visitor toSri Lanka and who possesses a validInternational Driving Permit issued by any ofthe Contracting States to, or the States orTerritories that have acceded to the ViennaConvention of eighth November OneThousand Nine Hundred and Sixty Eight, shallbe deemed to possess a driving licence issuedunder the provisions of this Act and to beauthorized to drive the class or classes ofvehicles specified in the driving permit:

Provided that—

(a) the Permit is valid within the meaningof Article 41 of the Vienna Conventionof 1968 ;

(b) the holder carries such permit whiledriving in Sri Lanka and produces iton demand by a police officer orExaminer of Motor Vehicles forinspection ; and

(c) the holder fulfils in all respects theconditions set out in Article 41 of theVienna Convention of 1968.”.

Recognitionofinternationaldrivingpermit orcertificate inSri Lanka.


35. Section 133A of the principal enactment is herebyamended as follows :—


“(1) Where the holder of a Learner’s Permit andRegular Driving Licence is convicted of any offenceprescribed by the Minister under this section andthe court does not suspend or cancel the drivinglicence of such holder, the court may—

(a) if the Learner’s Permit and Regular DrivingLicence of such holder is available, enter orcause to be entered upon such licence; or

(b) if the Learner’s Permit and Regular DrivingLicence of such holder is not available, directthe Commissioner to enter upon suchlicence,such number of driver improvementpoints prescribed in respect of the offence inrespect of which the holder of such drivinglicence was convicted:

Provided however, that in the case of a Learner’sPermit and Regular Driving Licence issued in theform of a card without the micro chip such entrymay be made on the Endorsement Form prescribedunder section 125 and an entry so made shall forthe purposes of this Act, be deemed to have beenmade upon such driving licence.”:

(2) by the insertion immediately after the proviso tosubsection (1) thereof of the following subsectionwhich shall have effect as subsection (1A)thereof:—

“ (1A) Where the holder of a Learner’s Permitand Regular Driving Licence on detection by apolice officer admits liability for the contraventionof any section prescribed by the Minister under



this section and makes, in lieu of prosecution forsuch contravention, payment of the fine prescribedin respect of that offence any police officer of therank of sergeant or above shall enter such fine onthe prescribed form under the subsection andforward a copy of the entry made thereon to theCommissioner- General for the purpose of recordand on receipt of such record, the Commissioner-General shall enter upon such Learners Permit andRegular Driving Licence the number of driverimprovement points prescribed in respect of suchoffence under this section.”;

(3) by the repeal of subsection (3) thereof, and thesubstitution therefor of the following subsection:—

“(3) Where any court enters or causes to beentered driver improvement points on any drivinglicence under subsection (1), the court shall forwardto the Commissioner-General a copy of the entrymade on the licence.

For the purpose of this section the InspectorGeneral of Police shall notify the CommissionerGeneral of the commission of any offence underthis section.”;

(4) by the addition immediately after subsection (4) ofthat section, of the following subsection which shallhave effect as subsection (5) thereof:—

“(5) The Minister may make regulationsidentifying the offences and the number of driverimprovement points which shall be entered on adriving licence or assigned by the Commissioner-General on the commission of such offences.”.


(1) in the proviso to subsection (1) of that section, bythe substitution for the words, “extension of its

Amendment ofsection 133A ofthe principalenactment.


validity,” of the words “extension of its validity,replacement, renewal or additional endorsement,”.

(2) by the insertion, immediately after subsection (1),of the following new subsections which shall haveeffect as subsections (1A), (1B), (1C) and (1D)thereof :—

“(1A) Any person who fails to carry a validLearner’s Permit and Regular Driving Licenceincluding the endorsement form while driving amotor vehicle shall be guilty of an offence andshall on conviction be liable to a fine not less thantwo thousand five hundred rupees and notexceeding five thousand rupees.

(1B) Where a driver of a motor vehicle does notpossess a valid Learner’s Permit and Regular DrivingLicence a police officer may detain such driver ofthe motor vehicle until such driver produces a validLearner’s Permit and Regular Driving Licence.Where it is found that such driver does not hold avalid Learner’s Permit and Regular Driving Licence,such driver and owner of the motor vehicle shall beguilty of an offence and shall be liable to a fine notless than three thousand rupees and not exceedingsix thousand rupees and to imprisonment of eitherdescription for a term of six months:

Provided however that the owner of such motorvehicle shall not be deemed to be guilty of anoffence if he proves to the satisfaction of the Courtthat the vehicle was removed by such driver withouthis knowledge.

(1C) (a) Where the driver of a motor vehiclewilfully refuses to produce the Learner’s Permit andRegular Driving Licence on demand by a policeofficer, such police officer may take such driverand the vehicle into custody and produce suchdriver at the nearest police station for the purposeof investigation.


(b) Any person who wilfully refuses to producethe learner’s permit or regular driving licence orendorsement form on demand by a police officershall be guilty of an offence and shall on convictionbefore a Magistrate be liable to a fine not less thanfive thousand rupees and not exceeding tenthousand rupees:

Provided however, that no person shall bedeemed to be guilty of an offence under this section,if he proves to the satisfaction of the court that hislearner’s permit or regular driving licence had atthe time of the alleged contravention, beenforwarded to the Commissioner-General for anadditional endorsement or for an extension of itsvalidity, or for replacement or renewal.

(1D) (a) No person shall drive a motor vehiclecarrying or possessing a learner’s permit or regulardriving licence which is faded, defaced, damaged,or obscure.

(b) Any person who contravenes the provisionsof paragraph (a) shall be guilty of an offence underthis Act and shall on conviction be liable to thepenalty specified in section 224;” ; and

(3) in subsection (5) of that section, by the substitutionfor the words, “charged, may specify byendorsement” of the words, “charged, may causeto be specified by endorsement.”.

37. Section 138 of the principal enactment is herebyamended by the insertion, immediately after subsection (1)thereof of the following subsection which shall have effectas subsection (1A) thereof :—

“(1A) (a) If any person whose Learner’s Permit andRegular Driving Licence is in the custody of the police orany court in connection with the commission of an offenceunder this Act or the commission of an offence related to thedriving of a motor vehicle under any other written law, appliesfor a new Learner’s Permit and Regular Driving Licence or a



duplicate Learner’s Permit and Regular Driving Licence thatperson shall be guilty of an offence and any licence soobtained shall be of no effect.

(b) Any person who is guilty of an offence under paragraph(a) of this subsection shall on conviction be liable to a finenot less than five thousand rupees and not more than tenthousand rupees and on a second or subsequent convictionto a fine not less than ten thousand rupees and not exceedingtwenty thousand rupees and to the cancellation of his drivinglicence.

(c) If any person shall possess more than one drivinglicence issued by the Commissioner-General at any one time,or is in possession of the driving licence of another personwithout lawful authority he shall be guilty of an offence andshall on conviction be liable to a fine not less than tenthousand rupees and not exceeding fifteen thousand rupeesand to the confiscation of such licence. ”.


138A. (1) Every holder of a driving licenceshall notify the Commissioner-General eitherby registered post or personal delivery, of anychanges in his residence and postal addresswithin thirty days of such change and theCommissioner General shall endorse suchchanges in the respective endorsement formand record them in the appropriate registers.

(2) Any person who contravenes theprovisions of subsection (1) shall be guilty ofan offence under this Act and shall onconviction be liable to the penalty specified insection 224.”.

39. The following new heading is hereby insertedimmediately after Part VIIA of the principal enactment:—

“ CommissionerGeneral to benotified ofchange ofresidence.

Insertion of newsection 138A ofthe principalenactment.

Insertion ofheading to PartVIIA.


“LICENCING OF DRIVING SCHOOLS ANDINSTRUCTORS”.

40. Section 139 A of the principal enactment is herebyamended by the repeal of subsection (2) of that section andthe substitution therefor of the following subsection:—

“(2) Any person who contravenes the provisions ofsubsection(1) shall be guilty of an offence and shall, onconviction be liable to a fine not less than five thousandrupees and not exceeding ten thousand rupees or toimprisonment of either description for a term not exceedingsix months or to both such fine and imprisonment and on asecond or subsequent conviction to a fine not less than fifteenthousand rupees and not exceeding twenty five thousandrupees or to imprisonment of either description for a termnot exceeding one year or to both such fine andimprisonment .”.

41. Section 139B of the principal enactment is herebyamended by the repeal of subsection (2 )of that section andthe substitution therefor of the following subsection:—

“(2) No instructor’s licence of any class shall beissued to any person unless he—

(a) is the holder of a valid driving licence of aclass which is specified under section 139BB

to make him eligible to be issued an instructor’slicence of such class as is specified in thatsection ; and

(b) possesses such suitable qualifications andexperience as may be prescribed.”.

42. The following new section is hereby insertedimmediately after section 139 B of the principal enactmentand shall have effect as section 139BB thereof:—

139BB. (1) An instructor’s licence issuedunder this Part shall be divided into threeclasses, namely Class A, Class B and Class C.

Insertion ofnewsection139BB

of theprincipalenactment.

Amendment ofsection 139A ofthe principalenactment.

Amendmentof section139B of theprincipalenactment.

“Instructor’sLicence andassistantinstructor’slicence.


(2) An Assistant Instructor’s Licence shallbe of Class C.

(3) An Instructor or Assistant Instructor shallbe eligible to be issued a Class C licence if hehas been the holder of a valid Regular DrivingLicence stated to be valid for a motor vehiclebelonging to the classes specified in items 1(i),2 and 3 of the Schedule to section 122, for aminimum period of five years immediately priorto the application. Such instructor’s licence orAssistant instructor’s licence shall authorizehim to instruct learners of classes of motorvehicles belonging to the classes specified initems 1(i), 1(ii), 2, 3 and 8 of the Schedule tosection 122.

(4) A person shall be eligible to be issued anInstructor’s Licence of Class B, if he has beenthe holder of a valid Regular Licence stated tobe valid for Motor Vehicles belonging to theclasses specified in items 1(i) and 6 of theSchedule to section 122, for a minimum periodof five years immediately prior to theapplication. Such instructor’s licence shallauthorize him to instruct learners of MotorVehicles belonging to the classes specified initems 1(i), 1(ii), 2, 3, 4(i), 4(ii), 6(i), 6(ii), 8 and10 the Schedule to section 122.

(5) A person shall be eligible to be issuedan Instructor’s Licence of Class A, if he hasbeen the holder of a valid regular licenceexpressed to be valid for motor vehiclesbelonging to the classes specified in items 1(i),5 and 7 of the Schedule to section 122, togetherwith emergency service vehicle and publicservice vehicle endorsements valid for aminimum period of five years immediatelyprior to the application. Such instructor’s


licence shall authorize him to instruct learnersof motor vehicles belonging to the classesspecified in items 1(i), 1(ii), 2, 3, 4(i), 4(ii), 5,6(i), 6(ii), 7, 8, 9 and 10 of the Schedule tosection 122.”.

43. Section 139E of the principal enactment is herebyamended as follows :—


(a) by the omission in paragraph (b) thereof ofthe word “or”;

(b) by the substitution in paragraph (c) of thatsubsection for the words, “regulations madethereunder.” of the words, “regulations madethereunder; or” ; and

(c) by the insertion immediately after paragraph(c) thereof, of the following new paragraphwhich shall have effect as paragraph (d)thereof :—

“(d) has accumulated more than thespecified number of driverimprovement points.”;

(2) in subsection (4) of that section, by the substitutionfor the words “Secretary to the Ministry” of thewords “Secretary to the Ministry of the Minister”;

(3) in subsection (6) of that section, by the substitutionfor the words “Secretary to the Ministry” of thewords “Secretary to the Ministry of the Minister” ;and

(4) in subsection (8) of that section, by the substitutionfor the words “shall forthwith surrender it to theCommissioner”, of the words, “shall surrender suchlicence to the Commissioner - General within sevendays of such cancellation.”.

Amendment ofsection 139E ofthe principalenactment.


44. Section 139F of the principal enactment is herebyamended in subsection (3) of that section by the substitutionfor the words “to a fine not less than five hundred rupees” ofthe words “to a fine not less than seven thousand fivehundred rupees and not exceeding fifteen thousand rupees.”.

45. Section 139N of the principal enactment is herebyamended by the repeal of the definition of the expression“driving instructor”.


145. (1) No motor vehicle shall be used ona road unless it is in all respects in such acondition that it will not cause or be likely tocause—

(a) danger, discomfort, annoyance or harm toany person in the vehicle or any personusing the road ;

(b) danger to any vehicle on the road ; or

(c) damage to any property on or adjoiningthe road.

(2) Where a driver of a motor vehiclecontravenes any provision of subsection (1)such driver, and registered owner of such motorvehicle shall be guilty of an offence and shallon conviction be liable to a fine not less thanten thousand rupees and not exceeding twentythousand rupees.

(3) Where a driver of a motor vehiclecontravenes the provisions of subsection (1)and thereby causes injury to any person suchdriver, and registered owner of such motorvehicle shall be guilty of an offence and shall

Amendment ofsection 139N ofthe principalenactment.

Replacement ofsection 145 ofthe principalenactment.

“Conditionof motorvehicles.

Amendment ofsection 139F ofthe principalenactment.


on conviction be liable to a fine not less thanten thousand rupees and not exceeding twentyfive thousand rupees or to imprisonment for aterm not exceeding two months or to both suchfine and imprisonment and to the suspensionof his driving licence for a period of six months.

(4) Where a driver of a motor vehiclecontravenes any provision of sub-section (1)and thereby causes grievous injury to anyperson, such driver and registered owner ofsuch motor vehicle shall be guilty of an offence,and shall on conviction be liable to a fine notless than twenty five thousand rupees and notexceeding thirty five thousand rupees or toimprisonment for a term not exceeding sixmonths or to both such fine and imprisonmentand to the suspension of his driving licence fora period of six months.

(5) Where a driver of a motor vehiclecontravenes any provision of sub-section (1)and thereby causes the death of any person,such driver and registered owner of such motorvehicle shall be guilty of an offence, and shallon conviction be liable to a fine not less thanfifty thousand rupees and not exceedingseventy five thousand rupees or imprisonmentfor a term not exceeding one year or to bothsuch fine and imprisonment and to thesuspension of his driving licence for a periodof twelve months. ”.


(1) in subsection (1) of that section, by the substitutionfor the words “efficient instrument” of the words“efficient warning instrument”;

Amendmentof section 155of the principalenactment.


(2) by the re-numbering of subsections (2), (3) and (4)of that section as subsections (4), (5) and (6)thereof ;

(3) by the insertion, immediately after subsection (1)thereof, of the following subsections which shallhave effect as subsections (2) and (3) thereof :—

“(2) (a) Notwithstanding the provisions ofsubsection (1), the driver of a motor vehicle shallnot use, or cause or permit to be used the warninginstrument of such vehicle except –

(i) when necessary as a traffic warning to avoidan accident ; or

(ii) as an indication of his intention to overtakeanother vehicle, provided however, that atnight, such driver may flash the head lightsfor such purpose and also sound a warninginstrument .

(3) No person shall use a motor vehicle that hasbeen equipped with a multi-tone horn sounding asuccession of different notes, or with any othersound producing device giving a harsh, shrill, loudor alarming noise :

Provided that such a multi-tone horn or othersound producing device may be fitted or used –

(a) on a vehicle used by the fire brigade ;

(b) on a vehicle used by members of the policeor armed services ; or

(c) on an ambulance responding to anemergency call. ”;


(4) in the renumbered subsection (4) thereof, by thesubstitution for the words “ highway within thelimits of an urban area.” of the word “road.”.

(5) by the repeal of the renumbered subsection (5) ofthat section and the substitution of the followingsubsection therefor :—

“(5) Regulations may be made—

(a) prohibiting or restricting for thepurposes of this section the use of allwarning instruments or any specifiedinstrument in any area or part thereofduring any specified hours of the day ;

(b) prescribing the maximum noise levelthat may emanate from a vehiclewhether from the engine, the exhaustdevice or the horn;

(c) prescribing the maximum noise levelthat is permissible for any class orclasses of vehicles with regard to awarning device or reverse warningdevice or any amplifying devices fittedon such class or classes of vehicles.”;

(6) in the re-numbered subsection (6) of that sectionby the substitution, for the word and figure“subsection (3),” of the word and figure“subsection (5).”;

(7) by the insertion, immediately after the re-numberedsubsection (6) of that section, of the followingsubsection which shall have effect as subsection(7) thereof:—

“(7) Any person who contravenes the provisionsof this section shall be guilty of an offence and


shall on conviction be liable to a fine not less thanthree thousand rupees and not exceeding fivethousand rupees and to the confiscation of suchinstruments.”.


155A. (1) A person who drives or uses a motorvehicle that emits smoke, visible vapour, grit,sparks, ashes, cinder, grease or oily substances,which is likely to –

(a) constitute a health hazard or causeannoyance or injury to any person ;

(b) obscure the visibility of any other roaduser ; or

(c) cause damage to any road or other publicplace or property,

shall be guilty of an offence, and shall onconviction be liable to a fine not less than twothousand rupees and not exceeding fivethousand rupees and on a second orsubsequent conviction, to a fine not less thanfive thousand rupees and not exceeding tenthousand rupees.

(2) An examiner or a police officerauthorized by the Inspector -General of Policewho has reason to believe that an offence undersubsection (1) is being committed in respect ofa motor vehicle which is on a road or otherpublic place -

(a) may stop and examine the vehicle andmay measure or cause to be measured by


“Emission incertaininstances tobe an offence


means of a prescribed apparatus, theemission of smoke or visible vapour fromthe vehicle ; or

(b) may by notice in writing served on theowner of the vehicle either personally orby post require the production of suchvehicle at a vehicle examination centreor police station on such date and at suchtime as may be specified in the notice forthe purpose of—

(i) measuring the emission of smoke orvisible vapour by means of aprescribed apparatus ; or

(ii) examining the vehicle to ascertainwhether its condition is such that itsuse results in the commission of anoffence under this section.

(3) An owner of a vehicle who is servedwith a notice under subsection (2) and whofails without reasonable cause to produce suchvehicle on the date, time and place specifiedin such notice shall be guilty of an offence andshall on conviction, be liable to a fine not lessthan five thousand rupees and not exceedingten thousand rupees.

(4) (a) The Minister may prescribe thestandard of emission which shall be applicablein respect of motor vehicles.

(b) Such regulations may provide differentstandards in respect of different classes of motorvehicles.

(5) For the purposes of this section,“examiner” means an examiner of motor underthis Act, or a person authorized in that behalf


by the Commissioner-General or by theInspector General of Police.”.

49. The following new section is hereby insertedimmediately after section 157 of the principal enactmentand shall have effect as section 157A of that enactment —

157A. (1) No person shall travel in aprescribed seat in a vehicle of a prescribed classor description unless he uses a seat belt of atype prescribed by the Minister.

(2) Regulations may be madeprescribing:—

(a) the seats to which the requirementapplies ;

(b) the class or description of vehicles ; and

(c) the type or description of seat belts forthe purposes of subsection (1).

(3) No person shall sell or offer for sale orhave in his possession for sale any seat belt,which is not of a type prescribed by theMinister.

(4) Any person who contravenes theprovisions of subsection (1) or (3) or anyregulation made under this section shall beguilty of an offence and shall on conviction beliable to the penalty specified in section 224.”.


160. (1) The driver of a vehicle which is inmotion or stationary shall not use or permitany person to use, and no person in the vehicle

“ Use of seatbelts.

“ Noise.

Insertion ofnew section157A in theprincipalenactment.



shall use, any amplifying equipment withloudspeaker fitted to or carried on the vehicle :

Provided, however, that an amplifyingequipment may be used in a motor vehicle, ifthe volume of the sound emanating from suchequipment is so regulated as to ensure that it isconfined within the vehicle and intended forthe hearing only of the occupants thereof.

(2) All motor vehicles which have aninternal combustion engine shall be equippedwith an efficient silencing device throughwhich all exhaust from the engine is projectedand which prevents the creation of unduenoise.

(3) An examiner, or a police officerauthorized in that behalf by the InspectorGeneral of Police may direct a driver of anyvehicle to sound the warning device for thepurpose of making a noise level reading.

(4) Regulations may be made prescribing—

(a) the maximum noise levels that mayemanate from engine exhaust device ;and

(b) the maximum noise level permissiblefor different class or classes of vehicleswith regard to horn, warning device orreverse warning device and amplifyingdevices fitted on such class or classesof vehicles.

(5) Any person who contravenes theprovisions of this section shall be guilty of anoffence and shall on conviction be liable to afine not less than three thousand rupees andnot exceeding five thousand rupees.


(6) For the purposes of this section“examiner” means an Examiner of MotorVehicles appointed or deemed to be appointedunder this Act and includes a person authorizedin that behalf by the Inspector General ofPolice.”.



(a) by the insertion, immediately after sub-paragraph (iv) of paragraph (a), of thefollowing sub-paragraph which shall haveeffect as sub-paragraph (v) of thatparagraph:—

“(v) a driver who fails to report suchaccident forthwith to the officer-in-charge of the nearest police stationshall on conviction be liable to a finenot less than three thousand rupeesand not exceeding five thousandrupees. ”;

(b) by the addition, immediately after paragraph(c) of that subsection, of the followingparagraph which shall have effect asparagraph (d) thereof:-

“(d) The insurer to whom a claim forinsurance is made in connection withsuch accident shall inform the officer-in-charge of the nearest police stationof such accident, for the purpose ofcompiling statistical records relatingto accidents giving—

(i) details relating to such accident ;and



(ii) the names and addresses of theparties involved in such accident,as informed to him by the personmaking the claim.;’;

(2) in subsection (2) of that section, by the omission ofthe words “or of security”;

(3) by the insertion, immediately after subsection (2)thereof, of the following subsection which shallhave effect as subsection (3) thereof:—

“(3) A person who contravenes the provisionsof paragraph (d) of subsection (1) shall be guilty ofan offence and shall on conviction be liable to afine not less than five thousand rupees and notexceeding ten thousand rupees.”.

52. Section 194 of the principal enactment is herebyamended in subsection (5) of that section by the repeal of allthe words from “to a fine not exceeding one thousandrupees” to the end of that subsection and the substitution ofthe words “to a fine not less than three thousand rupees andnot exceeding five thousand rupees and on a second orsubsequent conviction to a fine not less than five thousandrupees and not exceeding ten thousand rupees.”.

53. Section 195 of the principal enactment is herebyrepealed and the following new section substitutedtherefor :—

195. (1) The Commissioner-General may,upon application made in that behalf in theprescribed form by the registered owner of agarage or inspection and testing centre andupon payment of the prescribed levy andservice charge, by Order declare—

(a) that the garage or inspection or testingcentre specified in such order shall be an



“ Approvedgarages,approvedinspectionand testingcentres andcertifyingofficers.


approved garage or approved inspectionor testing centre for the annualexamination and certification of vehiclesfor the purposes of section 29; and

(b) that such registered owner, and the otherperson or persons employed at suchapproved garage or approved inspectionor testing centre and specified in the order,shall each be an approved certifyingofficer for the purpose of suchexamination and certification of motorvehicles at such approved garage orapproved inspection or testing centre.

(2) Where the Commissioner-General makesan order under subsection (1), he shall issue toeach approved certifying officer a letter ofauthority stipulating therein, the conditionssubject to which such letter of authority isissued.

(3) The Commissioner-General may revokeor alter any order made under subsection (1) ifthere is a contravention of any conditionspecified in the letter of authority issued toany approved certifying officer of suchapproved garage or such approved inspectionor testing centre in respect of which such orderwas made.

(4) The Commissioner-General may specify,in relation to each approved garage andapproved inspection or testing centre themaximum number of motor vehicles which maybe examined and certified at that approvedgarage or approved inspection or testing centreduring the course of a day.


(5) Where the Commissioner-Generalrejects an application referred to in subsection(1), he shall state his reasons therefor in writing.

(6) The Minister may make regulationsprescribing—

(a) the equipment and facilities that shouldbe made available at an approved garageor approved inspection or testing centre;

(b) the qualifications required of anapproved certifying officer;

(C) the frequency of mandatory inspectionfor different classes or descriptions ofmotor vehicles ;

(d) the amount of any deposit to be made byan approved garage or approvedinspection or testing centre.”.


196. (1) Upon the production of a motorvehicle before an examiner or an approvedcertifying officer referred to in section 195 andupon payment of the prescribed levy or servicecharge, for the purpose of obtaining anEmission Certificate and a Certificate of Fitnessas is referred to in section 29, an examiner orapproved certifying officer shall on suchcriteria as may be prescribed, examine suchvehicle and shall certify whether or not suchCertificates may be issued in terms of this Act.

(2) An Emission Certificate and Certificateof Fitness issued in respect of a motor vehicle


“Issue ofEmissionCertificateandCertificate ofFitness.


shall remain in force for one year from the dateof issue or such shorter period not less thanthree months as may be specified in suchcertificate.

(3) Where an examiner or approvedcertifying officer certifies that a motor vehicleis unfit for use, he shall state his reasons therefor.

(4) The registered owner of a motor vehiclewhich is certified after examination under thepreceding provisions of this section to be unfitfor use, may, appeal to the Commissioner -General against the issue of such Certificateand the decision of the Commissioner -General on such appeal shall be final.

(5) The Emission Certificate and Certificateof Fitness issued in respect of a motor vehicleunder this section shall be—

(a) carried in that vehicle at all times;

(b) made available for inspection on demandby a police officer, Grama Niladhari orExaminer or authorized officer appointedunder this Act, or by any personauthorized in writing by theCommissioner - General :

Provided however, that such certificateshall be produced when required, before aCourt, the Commissioner - General or aLicensing Authority.

(6) The registered owner of an approvedgarage or approved inspection or testing centreshall forward in the prescribed form to the


Commissioner General before the tenth day ofthe following month. a monthly summary ofthe Emission Certificates and Certificates ofFitness issued by him during each month.

(7) (a) If the registered owner of an approvedgarage or approved inspection or testing centrefails to send the monthly summary referred toin subsection (6) before the tenth day of eachmonth, the Commissioner General shall, in thefirst instance, issue him with a warning that theorder made under section 195 in respect of suchgarage may be revoked if such monthlysummary is not sent within the time specifiedunder subsection (6).

(b) If the registered owner of such approvedgarage or approved inspection or testing centrefails to send such monthly summary for threeconsecutive months the Commissioner Generalshall revoke the order made under section 195in respect of that approved garage or approvedinspection or testing centre.

(c) A person who contravenes the provisionsof subsection (6) shall be guilty of an offenceand shall on conviction be liable to a fine notless than five thousand rupees and notexceeding ten thousand rupees and on asecond or subsequent conviction to a fine notless than ten thousand and not exceedingfifteen thousand rupees.

(8) Regulations may be made providing for theprocedures for the examination of motor vehicles for thepurpose of the issue of an Emission Certificates andCertificates of Fitness .”.


55. The following new section is hereby insertedimmediately after section 196A of the principal enactmentand shall have effect as section 196B thereof :-

196B. (1) Where any person issues afraudulent Emission Certificate and Certificateof Fitness, or where there is a contravention ofany one or more of the conditions specified inthe letter of authority issued to an approvedcertifying officer, the Commissioner-Generalor any other Authority shall—

(a) appropriate the full deposit made bysuch approved garage ;

(b) revoke the authority given to suchgarage and to such approved certifyingofficer of such garage ; and

(c) cancel any permit, licence or certificateobtained on the basis of the fraudulentEmission Certificate and Certificate ofFitness.

(2) Any approved certifying officer whoissues a fraudulent Emission Certificate andCertificate of Fitness or contravenes anycondition specified in a letter of authorityissued to such approved certifying officer shallbe guilty of an offence and shall, on convictionbe liable to a fine not less than twenty thousandrupees and not exceeding twenty five thousandrupees.”.


(1) by the substitution for the words “lorry or motortricycle van” wherever those words occur in thatsection of the words “any motor vehicle”;

Insertion of newsection 196B inthe principalenactment.


Effect ofissue of afraudulentEmissionCertificateandCertificate offitness.


(2) by the substitution for subsection (10) of thatsection of the following subsection:—

“(10) Any person who contravenes the provisionsof subsection (9) shall be guilty of an offence andshall, on conviction after summary trial before aMagistrate be liable in the case of a first offence toa fine not less than five thousand rupees and notexceeding ten thousand rupees and in the case of asecond or subsequent offence, to a fine not lessthan ten thousand rupees and not exceeding twentythousand rupees or to imprisonment of eitherdescription for a term not exceeding three monthsor to both such fine and imprisonment.”.

57. Section 199 of the principal enactment is herebyrepealed.

58. Section 200 of the principal enactment is herebyamended by the addition, immediately after subsection (2)of that section of the following subsection which shall haveeffect as subsection (3) thereof:—

“(3) Any person who commits an offence undersubsection (1) shall be liable, on conviction to a fine not lessthan three thousand rupees and not exceeding five thousandrupees.”.

59. Section 201 of the principal enactment is herebyrepealed.

60. The following new section is hereby insertedimmediately after section 213A of the principal enactmentand shall have effect as section 213AA of that enactment:—

213AA. (1) There shall be a Motor TrafficAppeals Tribunal (hereinafter referred to as “theTribunal”) consisting of the following members

Repeal ofsection 199 ofthe principalenactment.


Repeal ofsection 201 ofthe principalenactment.

Insertion of newsection 213AA inthe principalenactment.

“MotorTrafficAppealsTribunal.


who shall be persons of integrity, and eminencein their respective fields :—

(a) one person from the Institute ofAutomotive Engineers established underthe Institute of Automotive Engineers’ ofSri Lanka (Incorporation) Act No. 48 of1992 nominated by the Minister in chargeof the subject of Science andTechnology ;

(b) one person having recognition in the fieldof law, nominated by the Minister incharge of the subject of Justice ; and

(c) one person from the Ministry of Transport,nominated by the Minister in charge ofthe subject of Transport.

(2) The Minister shall appoint one memberas the Chairman of the Tribunal.

(3) Every member of the Tribunal shall,unless he vacates office earlier by death orresignation by letter in that behalf addressedto the Minister or unless he is removed fromoffice by the Minister under subsection (4)hold office for a period not exceeding threeyears as may be specified by the Minister inhis letter of appointment. Any membervacating office by effluxion of time shall beeligible for reappointment.

(4) The Minister may remove from officeany member of the Tribunal for reasonsassigned.


(5) In the event of the vacation of office ofany member the Minister shall appoint anotherperson to succeed such member and the memberso appointed shall hold such office for theunexpired period of the term of office of hispredecessor.

(6) The Chairman of the Tribunal maysummon meetings of such Tribunal wheneverhe deems it necessary :

Provided however, that such Chairman shallsummon a meeting of such Tribunal, wheneverhe is requested in writing to do so by twomembers, of such Tribunal

(7) The quorum for any meeting of theTribunal shall be two members.

(8) Regulations may be made providing forthe conduct of business of the Tribunal andprescribing the procedure to be followed atmeetings of such Tribunal. Subject to suchregulations, and the provisions of subsection(6), the Tribunal may regulate its ownprocedure.

(9) No act or proceeding of the Tribunalshall be invalid by reason only of the existenceof any vacancy therein or any defect in theappointment of any member thereof.

(10) The functions of the Tribunal shall beto hear appeals from persons aggrieved by -

(a) the refusal of the Commissioner-Generalto grant written approval undersubsection (4) of section 19A; and


(b) the cancellation under subsection (7) ofsection 19A of any written approvalgranted by the Commissioner-General,

for the manufacture, assembly, fabrication, innovation,adaptation, modification or change of construction of amotor vehicle.”.

61. The following new sections are hereby insertedimmediately after section 213B of the principal enactmentand shall have effect as sections 213C, 213D and 213Ethereof :—

213C. One half of all fines, other than finesimposed by Courts, recovered under theprovisions of this Act other than moniesspecified under paragraph (b) of subsection (2)of section 213D shall be credited to theConsolidated Fund and the other half shall becredited to the Police Reward Fund, establishedunder section 73 of the Police Ordinance(Chapter 53).

213D. (1) There shall be established forthe purposes of this Act, a fund to be called theMotor Traffic Reward Fund (hereafter referredto as “the Reward and Incentive Fund .”)

(2) There shall be paid into the Reward andIncentive Fund—

(a) all sums directed to be paid theretounder section 213E or by the DirectorGeneral of Customs or under any otherwritten law ;

(b) one half of the fines, other than finesimposed by Court, recovered undercourt actions instituted by theDepartment of Motor Traffic ;

“One Half ofthe fines tobe creditedto the PoliceRewardFund.

MotorTrafficRewardandIncentiveFund.

Insertion of newsections 213C,213D and 213Ein the principalenactment.


(c) one percent of the fees, levies andsurcharges, charged under this Act.

(3) There shall be paid out of the Rewardand Incentive Fund—

(a) all payments given as rewards toofficers engaged in the regulation,supervision, inspection, investigation,detection and control of vehicles inaccordance with regulations madehereunder ;

(b) the expenses incurred in theadministration of the Fund ; and

(c) prescribed payments.

(4) Regulations may be made –

(a) prescribing the manner in which theFund is to be administered ;

(b) in respect of matters connected withthe Fund which are required by thisAct to be prescribed ;

(c) in respect of all matters incidental toor connected with the establishmentand administration of the Fund.

(5) The accounts of the Fund shall beaudited by the Auditor General.

213E. (1) Where a vehicle is modified,altered or changed as regards its construction,and identity or any changes are effected to itsmechanical components, the CommissionerGeneral shall have the power to impose suchsurcharges in accordance with the provisionsof regulations made hereunder and suchimposition shall be final and conclusive.

Surchargeformodificationand alterationof vehicles.


(2) The amount of the surcharges imposedby the Commissioner under the provisions ofsub-section (1) shall be credited to the MotorTraffic Reward fund established under section213D.”

62. Section 215B of the principal enactment is herebyamended by the substitution for all the words from , “beliable to imprisonment” to the end of that section, of thewords “be liable to a fine not less than five thousand rupeesand not exceeding ten thousand rupees or to imprisonmentof either description for a term not exceeding sixmonths.”.


218. A person who contravenes theprovisions of section 99 or subsection (5) or(6) of section 196 shall be guilty of an offenceand shall on conviction be liable to a fine notless than five thousand rupees and notexceeding twenty five thousand rupees or toimprisonment for a term not exceeding onemonth or to both such fine and imprisonment.

64. Section 219 of the principal enactment is herebyamended by the substitution for all the words from “shall beliable to a fine not less than” to the end of that section, of thewords “shall be liable to a fine not less than twenty fivethousand rupees and not exceeding fifty thousand rupees orto imprisonment for a period not exceeding three months, orto both such fine and imprisonment and the documents issuedor registered shall be deemed to be invalid from the date ofsuch issue or registration.”.

Amendment ofsection 215B ofthe principalenactment.



“Penalty fordrivingwithoutcertificate ofinsurance orcertificate offitness oremissioncertificate.



(1) by the insertion, immediately after subsection (1)thereof, of the following subsection which shallhave effect as subsection (1A) thereof :—

“(1A) Any person who fraudulently issues adriving licence shall be guilty of an offence andshall on conviction be liable to a fine not less thantwenty five thousand rupees and not exceeding fiftythousand rupees and on a second or subsequentconviction to a fine not less than fifty thousandrupees and not exceeding one hundred thousandrupees.”.

(2) in subsection (2) of that section —

(a) by the omission in paragraph (a) thereof, ofthe words,” or certificate of security” ;

(b) by the omission, in paragraph (b) thereof, ofthe words, “or security” ;

(c) by the omission, in paragraph (c) thereof, ofthe words, “or a certificate of security” ;

(d) by the substitution, for all the words from“be liable to a fine not less than one thousandrupees” to the end of that section, of the words“be liable to a fine not less than fifteenthousand rupees and not exceeding fiftythousand rupees and to imprisonment ofeither description for a term not exceedingthree months and the documents issued orregistered shall be deemed to be invalid fromthe date of such issue or registration.”.



(3) in subsection (3) of that section —

(a) by the omission, of the words “or a certificateof security ; and

(b) by the substitution, for all the words from“liable to a fine not less than one thousandrupees” to the end of that section, of thewords., “liable to a fine not less than fifteenthousand rupees and not exceeding twentyfive thousand rupees or to imprisonment ofeither description for a term not exceedingtwo months or to both such fine andimprisonment.”.

66. Section 223 of the principal enactment is herebyamended by the substitution for all the words from “givesany information respecting the offence” to the end of thatsection, of the words “gives any information or makes anystatement respecting the offence which he knows or believesto be false, shall where that offence is not an offence withinthe meaning of sections 38 (3) and 198 of the Penal Code, beguilty of an offence under this Act, and shall, on convictionbe liable to a fine not less than ten thousand rupees and notexceeding twenty thousand rupees or to imprisonment ofeither description for a term not exceeding six months or toboth such fine and imprisonment.”.


224. Any person guilty of any offence, forwhich no other punishment is expresslyprovided for in this Act, shall, on convictionafter summary trial be liable to a fine not lessthan one thousand rupees and not exceedingtwo thousand rupees and on a secondconviction to a fine not less than two thousandrupees and not exceeding three thousand



“GeneralPenalty.


rupees and on a third or subsequent convictionto a fine not less than three thousand fivehundred rupees and in addition to thecancellation of his driving license”.

68. The following new sections are hereby insertedimmediately after section 232A of the principal enactmentand shall have effect as sections 232B, 232C, 232D, 232E and232F thereof:—

232B. (1) An Examiner of Motor Vehicles,an authorized officer or a police officer may, ifhe has reason to believe that a motor vehiclewhich has been fabricated, manufactured,assembled, innovated, adapted, modified or theconstruction of which has been changed incontravention of the provisions of section 19Ahas been used for the commission of or inconnection with the commission of an offenceunder any law in force for the time being seizeand detain such motor vehicle for such time asmay be necessary for the purposes of anyinquiry.

(2) Where any authorized officer seizes anymotor vehicle under subsection (1), such motorvehicle shall be kept in the custody and controlof the Commissioner-General pending inquiry.

(3) Where after due inquiry by an Examinerof Motor Vehicles or an authorized officer or apolice officer, such examiner of Motor Vehiclesauthorized officer or police officer is satisfiedthat any motor vehicle seized -

(a) has been fabricated, manufactured,assembled, innovated, adapted, modifiedor its construction changed incontravention of the provisions ofsection 19A ; and

Insertion of newsections 232B,232C, 232D,232E and 232Fin the principalenactment.

“ Seizure andforfeiture ofvehicles.


(b) was used for the commission of or inconnection with the commission of anoffence under any law in force for thetime being,

such officer shall submit a report of the factselicited in the course of such inquiry to theCommissioner General of Motor Traffic andshall institute proceedings against the driverof such vehicle in a court of competentjurisdiction under section 2A and such otherlaw.

(4) The Commissioner General of MotorTraffic shall, if he is satisfied in regard to thegenuineness of the facts contained in the reportgive instructions for the forfeiture of suchvehicle and such vehicle shall thereupon beforfeited.

(5) Any motor vehicle forfeited undersubsection (4) shall upon forfeiture vestabsolutely in the State. Such vesting shalltake effect—

(a) after the expiration of the period withinwhich an appeal may be preferred to theCourt of Appeal against the order offorfeiture ; or

(b) where an appeal has been preferred tothe Court of Appeal against the order offorfeiture upon the determination of suchappeal confirming or up holding theorder of forfeiture.

(6) In the application the aggrieved personshall be described as the plaintiff and the


Examiner, authorized officer or police officeras the case may be, as the defendant. Theapplication shall contain—

(a) the name of the Court of Appeal and thedate of making of the application to thecourt ;

(b) the name and address of the Examiner ofMotor Vehicles, authorized officer orpolice officer; and

(c) a plain and concise statement of thematter which has to be determined bythe court, namely, that the seizure andforfeiture of the motor vehicle, which isthe subject matter of the application wasunlawful and that the court shalldetermine—

(i) that such seizure and forfeiture wasunlawful ; and

(ii) that such vehicle shall be forthwithreturned to the plaintiff.

(7) In any proceedings in the Court ofAppeal on any application made to it in respectof the seizure and forfeiture of any motorvehicle the burden of proving that such seizureand forfeiture under that subsection wasunlawful, shall lie on the plaintiff.

(8) The Minister may make regulationsspecifying the procedure for the disposal ofvehicles that have been forfeited under thissection.


232C. (1) Where a person is convicted ofan offence under this Act and the Court makesorder disqualifying him from driving for anyperiod not less than twelve months, suchperiod of disqualification may be reduced bythe Court if by a date specified in the Orderunder this section such person successfullycompletes a course approved by the Ministerfor the purpose of this section and designatedby a Court.

(2) The reduction made by an order underthis section in a period of disqualificationimposed by the Court shall be a periodspecified in the order of not less than threemonths and not more than one quarter of theunreduced period and accordingly, where theperiod imposed is twelve months the reducedperiod shall be nine months, and where theperiod imposed by the order is six months, thereduced period shall be three months.

(3) The Court shall not make an Orderunder this section unless—

(a) it is satisfied that a place on the coursespecified in the order is available forthe offender ;

(b) the Court has explained the effect ofthe order to the offender and hasinformed him of the amount of the feesfor the course and the requirement thathe must pay them before thecommencement of the course ; and

(c) the offender has agreed that the ordershould be made.

Reduction ofdisqualificationperiod.


(4) The date specified in an order as thelatest date for completion of a course must beat least two months before the last day of theperiod of disqualification as reduced by theorder.

(5) On the successful completion of thecourse, a Certificate shall be issued by theofficer who conducted the course to theRegistrar of the Court which made the order. Ifthe Certificate referred to is received by theRegistrar of the Court before the end of theperiod of disqualification imposed but afterthe end of the period as it would have beenreduced by the order, the order shall have effectas if the reduced period ended on the day onwhich the certificate is received by the Court.

(6) Where the course is not completedbefore the end of the period of disqualificationas reduced by the Court, the Court may orderthe convicted person to remain disqualifieduntil the approved course is completedsuccessfully.

232D. (1) No suit or prosecution shall beinstituted against any officer for any act whichin good faith is done or purported to be doneby such officer under this Act.

(2) Any expense incurred by such officer asis referred to in subsection (1) in any suit orprosecution brought against him before anyCourt in respect of any act which is done orpurported to be done by him under this Actshall, if the Court holds that such act was donein good faith, be paid by the State.

Protectionof action.


232E. A police officer may detain, for suchtime as is reasonably necessary for purposes ofinquiry and investigation, the driver of a motorvehicle at a police station—

(a) who, on being requested to give hisname and address refuses or fails to doso, or gives a name and address whichthe police officer reasonably suspectsto be false;

(b) who is involved in an accidentresulting in death or grievous injury;

(c) who, he reasonably suspects hasconsumed alcohol or drugs;

(d) who, in his opinion is in possession offalse or forged documents or falseidentification number plates;

(e) who, in his opinion is in possession ofa motor vehicle with a forged or alteredchassis and engine number; or

(f) whom he reasonably suspects is inpossession of a stolen vehicle.

232F. (1) An Examiner of Motor Vehiclesor a police officer who has reason to believethat the provisions of this Act or regulationsmade thereunder in regard to construction,equipment and use have not been compliedwith in respect of any vehicle, may require thedriver of such vehicle to drive it to the nearestpolice station and may if necessary detain itfor such time as may be reasonably necessaryfor the purpose of inspection and investigation.

Detention ofdrivers.

Detention ofvehicles.


(2) A police officer may also detain a motorvehicle at any police station, if -

(a) the driver is unable to produce a validpolicy of insurance under section 99 ;

(b) the driver does not possess a validdriving licence; or

(c) the vehicle belongs to a dealer, repaireror manufacturer who does not hold aDealer’s Registration Certificate,Repairer’s Registration Certificate orManufacturer ’s RegistrationCertificate.

(3) An Examiner of Motor Vehicles or aPolice officer may also detain a motor vehicleat any police station or at any premises of theDepartment of Motor Traffic if he hasreasonable grounds to believe that,—

(a) the documents submitted forregistration of such vehicle are falseor forged documents;

(b) the vehicle has a forged, tampered oraltered chassis or engine number;

(c) the vehicle is mechanically defective;

(d) the vehicle is stolen or if he reasonablysuspects it to be stolen; or

(e) the vehicle is fitted with false or forgedidentification plates.”.


69. The following new sections are inserted immediatelyafter section 239C and shall have effect as sections 239D

and 239E thereof :—

239D. Notwithstanding anything to thecontrary in the Code of Criminal ProcedureAct, No 15 of 1979, every offence under thisAct shall be a cognizable offence within themeaning and for the purposes of the Code ofCriminal Procedure Act.

239E. All offences under this Act shall betriable by a Magistrate’s Court.”.

70. In the event of any inconsistency between theSinhala and Tamil texts of this Act, the Sinhala text shallprevail.


(1) by the insertion, immediately before the definitionof the expression “animal” of the following newdefinitions:—

“accident” means an accident—

(a) which occurs or originates on a road, streetor any other place open to public traffic ;

(b) which results in one or more persons beingkilled or injured or causes damage toproperty ; and

(c) in which at least one moving vehicle wasinvolved, and includes collisions betweenvehicles, between vehicles and pedestrians

Insertion of newsections 239Dand 239E in theprincipalenactment.

Offencestriable byMagistrate’sCourt.

Sinhala textto prevail incase ofinconsistency.


“Offences tobecognizable


and between vehicles and animals or fixedobjects and includes accidents in which onevehicle alone is involved.;

“Act” means the Motor Traffic Act, (Chapter 203);

“anchor fitting” means the terminal part of a seatbelt designed to be attached to a vehicle orseat;”;

“approved certifying officer” means a certifyingofficer referred to in section 195 whoexamines a motor vehicle for the purpose ofissuing a certificate of fitness under section196 ;

“approved garage” means a garage declared bythe Commissioner-General or by theProvincial Commissioner of Motor Traffic tobe an approved garage by order under section195 for the purpose of the examination andcertification of fitness of motor vehicles priorto the issue of annual revenue licences ;

(2) by the insertion, immediately after the definitionof the expression “animal” of the followingdefinition :—

“assembled illegally” means the assembling of amotor vehicle—

(a) otherwise than with branded new parts ;

(b) without the prior written permission ofthe manufacturer of those parts ; or

(c) without the prior written approval of theCommissioner-General.”;


(3) by the substitution for the definition of theexpression ‘articulated vehicle’ of the followingdefinition:—

“articulated vehicle” means a motor vehiclecomprising a Prime Mover and a SemiTrailer;”;

(4) by the insertion immediately after the definition ofthe expression “ at night” of the followingdefinition :—

“branded” means branded with the trade name ofa manufacturer registered with the Registrarof Trade Marks or with the equivalentauthority of the foreign country from whichthe branded parts originated and includesparts branded by a manufacturer who hasentered into an agreement with the originalmanufacturer of such parts;

“buckle component” means each one of the twoparts of the buckle assembly designed to belatched to each other to complete the buckleassembly;”;

“Certificate of Fitness” means the Certificateissued under section 196 of this Act, and whichincludes a statement on the mechanicalcondition of the vehicle;

(5) by the insertion, immediately after the definitionof the expression “Certificate of Insurance” of thefollowing definitions:—

“Certificate of Registration” means a Certificateissued by the Commissioner General to theeffect that a motor vehicle has been dulyregistered under the provisions of this Act ;”;


(6) by the substitution for the definition of theexpression “Commissioner” of the followingdefinition:—

“ “Commissioner-General” means theCommissioner General of Motor Trafficappointed under section 204 of this Act” ;

(7) by the insertion, immediately after the definitionof the expression “Commissioner General” of thefollowing definitions :—

“ “dealer” means a person who is engaged in thebusiness of hypothecation, sale, importation,leasing or hire purchase of motor vehicles inan approved garage and includes animporter;”;

“death” means the death of any person who waskilled outright or who died within thirty daysof a motor accident as a result of that accident”;

(8) by the repeal of the definition of the expression;“driving instructor” and the substitution thereforof the following definition:—

“driving instructor or assistant driving instructor”means a person who possesses a validinstructor’s licence and is employed in adriving school and who gives instructions inthe driving of a motor vehicle for a fee orreward, as approved by the Commissioner -General;

“driving licence” means a licence issued underPart VII of this Act ;

“driving school” means an establishment wherepersons are given instruction in the driving


of motor vehicles for fee or reward andregistered under the provisions of this Act;

“dual purpose vehicle” means a motor vehicledesigned and constructed for the purpose ofcarrying both persons and goodscontemporaneously, provided that the numberof persons being carried (including the driver)does not exceed nine in number, and the grossvehicle weight does not exceed threethousand five hundred kilograms”;

“emergency service vehicle” means –

(a) a vehicle used by the Fire Brigade orPolice or an ambulance, responding toan emergency call and identified :—

(i) in the case of the Fire Brigade, bythe use of a red light ;

(ii) in the case of a vehicle used by thePolice by the use of a red and bluelight; and

(iii) in the case of an ambulance, by theuse of a red light; and

(b) any other vehicle responding to anemergency using blinking blue light orblinking amber light with the approvalof the Commissioner-General of MotorTraffic ;”;

“Emission Certificate” means the Certificatecontaining a statement to the effect that theemission of smoke, visible vapour, grit,sparks, ashes, cinder, greases or oilysubstance emanating from the vehicle iswithin the permitted limit.


(9) by the substitution for the definition of theexpression “examiner” of the followingdefinition :—

‘ “examiner” means an examiner of motorvehicles appointed or deemed to beappointed under this Act and includes a ChiefExaminer and Deputy Chief Examiner ;”;

(10) by the insertion immediately after the definition ofthe expression “examiner” of the followingdefinition:—

“ “fabricated illegally” means the fabricationcarried out on a chassis or a part of a chassisor body or part of a body of a motor vehicle,which causes changes to its prototypewithout the prior written approval of theCommissioner-General.”.

“fatal accident” means an accident involving asingle moving vehicle or several movingvehicles in which one or more persons arekilled within thirty days of such accident;

“goods” includes livestock and anything (otherthan equipment ordinarily used with thevehicle) carried by a vehicle except a livingperson but does not include baggage orpersonal effects carried in a motor car or in atrailer attached to a motor vehicle or thepersonal baggage of passengers travellingin the vehicle;”;

(11) by the insertion, immediately after the definitionof the expression “Grama Seva Niladhari” of thefollowing definitions :—

‘ “grievous injury” means an injury resultingin one or more of the kinds of hurtenumerated in section 311 of the PenalCode (Chapter (19) ;


“gross vehicle weight” means the total weight ofthe vehicle and load certified and registeredby the registering authority as permissiblefor that vehicle;

(12) by the insertion, immediately after the definitionof the expression “hand tractor” of the followingdefinition:—

“ “heavy motor coach” means a combination ofa motor coach having a seating capacity ofnot more than thirty three seats inclusive ofthe driver’s seat and its trailer and having amaximum authorized tare weight exceedingseven hundred and fifty kilograms or acombination of two motor coaches ;

“heavy motor lorry” means a combination of amotor lorry and trailer, or trailer or anarticulated vehicle and its trailer and suchtrailer having an authorized tare weight inexcess of seven hundred and fifty kilogramsand such motor lorry and trailer or trailers orarticulated vehicle and trailer or trailershaving a gross vehicle weight in excess ofthree hundred and fifty kilograms;”;

(13) by the repeal of the definition of “highway”;

(14) by the insertion, immediately after the definitionof “heavy motor lorry” of the followingdefinitions:—

“ “Inspection Certificate” means a Certificategranted by an officer authorized by theCommissioner-General where, after anexamination of a motor vehicle, he is


satisfied that the body, engine and the chassisof the vehicle conforms to the provisions ofthis Act and regulations made thereunder ;

“inspection and testing centre” means aninspection and testing centre approved bythe Commissioner - General undersection 195;

“instructor” includes an assistant instructor ; and

“instructor’s licence” includes an assistantinstructor’s licence;

(15) by the substitution for the definition of theexpression “land vehicle” of the followingdefinition:—

“ “land vehicle” means a mechanically orelectrically propelled vehicle or a vehiclepropelled by solar energy or a vehiclepropelled by liquid petroleum gas,including a vehicle including a trailer thegross vehicle weight of which does notexceed three thousand five hundredkilograms and which is constructed whollyor mainly for use on land in connection withan agricultural purpose or the carriage ofconstruction material and garbage;”;

(16) by the insertion, immediately after the definitionof the expression “land vehicle” of the followingdefinitions :—

“lap belt” means a seat belt designed to providepelvic restraint only ;


“lap-sash seat belt” means a seat belt combininga lap strap designed to provide pelvicrestraint and the torso strap designed toprovide upper torso restraint;”;

(17) by the repeal of the definition of the expression“Licencing Authority” and the substitution of thefollowing definition therefor:—

“Licencing Authority” means the authorityempowered to issue revenue licences underthe Constitution of the Democratic SocialistRepublic of Sri Lanka;

(18) by the insertion, immediately after the definitionof the expression “Licensing Authority” of thefollowing definition:—

“light motor coach” means a motor vehicle notbeing a motor ambulance or motor hearsehaving a seating capacity of ten or morepersons and less than thirty four persons,including of the driver’s seat and their effectsand includes a trailer so constructed oradapted of which the authorized tare doesnot exceed seven hundred and fiftykilograms ;

“light motor lorry” means a motor lorry the grossvehicle weight of which exceeds 3500kilograms and does not exceed 17000kilograms and which may be combined witha trailer having a minimum authorized tarewhich does not exceed 750 kilograms, andincludes a motor hearse and ambulance;”;

(19) by the repeal of the definition of “lorry” ;


(20) by the insertion, immediately after the definitionof “local authority” of the following definition :—

“ “manufacturer” means a person who is engagedin the business of building bodies forattachment to chassis in an approvedfactory ;”;

“ “manufactured, innovated, adapted , modifiedor the construction of which has beenchanged illegally” means the manufacture,innovation, adaptation, modification or thechange of construction of a motor vehiclewithout the prior written approval of theCommissioner-General, under subsection (2)of section 19A”;

(21) by the substitution for the definition of theexpression “moped” of the following definition:—

“ “moped” means a motor cycle with an internalcombustion engine having a cylindercapacity not exceeding fifty cubiccentimetres and which is equipped withpedals by means of which it can bepropelled;”;

(22) by the repeal of the definition of “motor coach”and the substitution of the following definitionstherefor :—

“motor coach” means a motor vehicle not beinga motor ambulance or motor hearse having aseating capacity of more than thirty threepersons (including the driver) and theireffects and includes a trailer so constructedor adapted which does not exceed sevenhundred and fifty kilograms;


“motor cycle” means a motor vehicle, includinga moped other than a motor tricycle or amotor tricycle van designed to travel on notmore than three wheels, and having a tarewhich together with the tare of any side carattached thereto, does not exceed twohundred and fifty kilograms ;”;

(23) by the insertion, immediately after the definitionof the expression “Motor hearse” of the followingdefinition:—

“motor lorry” means a motor vehicle constructedor adapted wholly or mainly for the carriageof goods the gross vehicle weight of whichis more than 17000 kilograms and which maybe combined with a trailer so constructed oradapted having a maximum authorized tarewhich does not exceed 750 kilograms;”;

(24) by the repeal of the definition of “motor tricycle”and “motor tricycle van” and the substitution ofthe following definitions therefor:—

“motor tricycle” means a motor vehicle designedto travel on three wheels and having a tarewhich does not exceed 500 kilograms andwhich is constructed wholly or mainly forthe carriage of passengers;

“motor tricycle van” means a motor vehicle whichis designed to travel on three wheels andhaving a tare which does not exceed 500kilograms the gross vehicle weight of whichdoes not exceed 1000 kilograms and whichis constructed or adapted wholly or party forthe carriage of goods;”;


(25) by the repeal of the definition of “motor vehicle”and the substitution therefor of the followingdefinition :—

“motor vehicle” means—

(a) any mechanically and/or electrically,and/or solar energy propelled vehicle orvehicle propelled by liquid petroleum gasor vehicle propelled by alternative fuelincluding a tractor or trailer which isintended or adapted for use on roads butdoes not include a road-roller ;

(b) any mechanically and/or electricallyand/or solar energy propelled vehicle, orvehicle propelled by liquied petroleumgas or vehicle propelled for altenative fuelor intended for use on land in connectionwith an agricultural or constructionalpurpose such as leveling dredging,earthmoving, forestry or any similaroperation but does not include a road-roller;” ;

(26) by the substitution for the definition of theexpression “owner” of the following newdefinition :—

“owner” in relation to a motor vehicle means aperson in whose name a motor vehicle standsregistered and where such person is a minor,the guardian of such minor and in relation toa motor vehicle which is the subject of ahire purchase agreement or an agreement oflease or an agreement of hypothecation, theperson in possession of the vehicle underthat agreement;”;

(27) by the insertion, immediately after the definitionof the expression “passenger” of the followingdefinition:—

“ “permit” means a permit issued by theCommissioner-General” ;


(28) by the insertion, immediately after the definitionof the expression “private coach” of the followingdefinitions :—

“public place” means a road, street, way or otherplace, whether a thoroughfare or not towhich the public have a right of access, andincludes any place or stand at whichpassengers are picked up or set down by anomnibus ;

“public service vehicle” means any motorvehicle used or adapted to be used or keptfor the carriage of passengers for a fee orreward ;”;

(29) by the insertion immediately after the definition ofthe expression “register” of the followingdefinition :-

“registered owner” in relation to a motor vehicleor a trailer means a person in whose namesuch motor vehicle or trailer is registered;”;

(30) by the insertion, immediately after the definitionof “repealed Ordinance” of the followingdefinitions :-

“road” means the entirety of any public way orany other road to which the public hasaccess and includes a national highway,express way and restricted access highwayand any bridge or culvert over which suchroad passes ;

“sash guide” means a system of one or moredevices which locate the torso strap of a lap-sash seat belt;


“seat belt” means an arrangement of straps, anchorfittings securing buckle, adjusting devices,and at least one sash guide device designedto restrain a motor vehicle occupant in theevent of an impact or accident ;

“special purpose vehicle” means a mechanicallypropelled vehicle specially constructed forpurposes of agriculture, construction orloading and unloading of goods ;

“stopping place” means a place set out underany law as a place at which omnibuses maybe halted for the purpose of picking up orsetting down passengers ;

“strap” means a part of a seat belt designed withflexure to facilitate correct and comfortablewearing;”;

(31) by the insertion, immediately after the definitionof the expression “trailer” of the followingdefinition :—

“vehicle” means a conveyance that is designedto be propelled or drawn by any means,whether or not capable of being so propelledor drawn and includes a bicycle or otherpeddle powered vehicle and trailer carriage,cart, coach, tram car and mechanicallypropelled and/or electrically and/or solarenergy propelled vehicle or vehiclepropelled by liquid petroleum gas or vehiclepropelled by alternative fuel and anyartificial contrivance used or capable of beingused as a means of transportation on landbut does not include a railway locomotive .”.


72. Section 241 of the principal enactment is herebyamended by the addition immediately after subsection (2)thereof of the following subsections which shall have effectas subsections (3), (4), (5), (6) and (7) thereof :—

“(3) A person who on the date of the commencementof this Act, carries on the business of manufacturing,assembling, fabricating, innovating, adapting,modifying or changing the construction of a motorvehicle as the case may be, shall within three monthsfrom the date of commencement of this Act, apply inthe prescribed Form to the Commissioner - General,accompanied by the prescribed fee, and obtain thewritten approval of the Commissioner - General forsuch business of manufacturing, assembling,fabricating, innovating, adapting, modifying orchanging the construction of a motor vehicle as thecase may be.

(4) A person who, before the date of commencementof this Act, has carried on the business ofmanufacturing, assembling, fabricating, innovating,adapting, modifying or changing the construction ofa motor vehicle as the case may be, and who has notregistered any motor vehicle so manufactured,assembled, fabricated, innovated, adapted, modified,or the construction of which has been changed, shallapply in the prescribed Form to the Commissioner -General, accompanied by the prescribed fee, andobtain the written approval of the Commissioner -General for such manufacture, assembly, fabrication,innovation, adaptation, modification, or change ofconstruction of a motor vehicle as the case may be, ofwhich has been changed,

(5) The Commissioner - General, may upon anapplication made in the prescribed Form under section3 or 4 and on payment of the prescribed fee, grantapproval for the manufacture, assembly, fabrication,innovation, adaptation, modification, or change ofconstruction of a motor vehicle as the case may be.



(6) The Commissioner - General shall, where he issatisfied that the applicant has carried on the businessof manufacturing, assembling, fabricating, innovating,adapting, modifying or changing the construction ofa motor vehicle—

(a) in an improper or unsatisfactory manner;

(b) in such manner as in not in conformity withthe provisions of this Act or any regulationsmade thereunder, or in regard to the standardof safety, design, construction, or anyconditions or equipment thereof; or

(c) in such manner as is likely to endanger roadsafety or the environment,

refuse to grant the written approval referred to insubsection (1) and subsection (2) by notice in writing.

(7) Any person aggrieved by the decision of theCommissioner - General in refusing to grant writtenapproval under this section may, within fourteen daysof the receipt by him of such notice of refusal, appealin writing to the Tribunal, whose decision thereon shallbe final.”.


Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA , POLHENGODA, COLOMBO 05 before 15thDecember each year in respect of the year following.

PARLIAMENT OF THE DEMOCRATIC SOCIALIST ... OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA...

Documents

Transcript of PARLIAMENT OF THE DEMOCRATIC SOCIALIST ... OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA...