Cap5102Motor Vehicles and Road Traffic

LAWS OF GUYANA
Motor Jehicles and Road Traffic

Cap. 51:02 3
CHAPTER 51:02
MOTOR VEHICLES AND ROAD TRAFFIC ACT
ARRANGEMENT OE SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
CONSTITUTION OE LICENSING AUTHORITY
3. LicensingAuthority.
PART II
REGISTRATION OE MOTOR VEHICLES
4. Register oI motor vehicles to be kept.
5. Registration oI motor vehicles.
6. Purchase tax payable on registration oI certain motor vehicles.
7. Prohibition oI registration oI certain persons and vehicles.
8. Exemptions Irom need Ior registration and Irom payment oI
registration Iee.
9. Amendment oI entries in register.
10. TransIer oI registration.
11. Cancellation oI registration.
12. Driving unregistered motor vehicle an oIIence.
PART III
IDENTIEICATION MARKS AND CERTIEICATES OE EITNESS
13. IdentiIication marks Ior motor vehicles.
14. Driving motor vehicle without identiIication mark an oIIence.
15. CertiIicates oI Iitness Ior motor vehicles.
16. Driving an unIit motor vehicle an oIIence.
LAWS OF GUYANA
4 Cap. 51:02 Motor Jehicles and Road Traffic
SECTION
17. CertiIicate oI Iitness Ior animal drawn vehicles.
PART IV
LICENCE EEES
18. Licence duty Ior motor vehicles.
19. Application Ior a licence.
20. Alteration oI motor vehicle occasioning higher licence duty.
21. TransIer oI licence on change oI ownership.
22. Dealers` general licences.
23. Using unlicensed motor vehicle an oIIence.
PART V
LICENSING OE DRIVERS AND PROVISIONS AS TO DISQUALIEICATION OE
DRIVERS AND ENDORSEMENT OE LICENCES
24. Driving motor vehicle without a licence an oIIence.
25. Conditions governinggrant oI drivinglicence.
26. Provisional licences.
27. Driving tests.
28. Provisions as to physical Iitness oI applicants Ior drivers`
licences.
29. Issue oI driving licences.
30. Register oI driving licences.
31. DisqualiIication Ior oIIences and endorsement oI convictions.
32. Provision as to disqualiIications and suspensions.
33. Provisions as to endorsement.
PART VI
PROVISIONS AS TO DRIVING AND THE USE OE ROADS AND OEEENCES
IN CONNECTION THEREWITH
34. Restrictions on driving by young persons.
35. Rate oI speed.
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Cap. 51:02 5
SECTION
36. Causing death by reckless or dangerous driving oI motor
vehicles.
37. Reckless or dangerous driving.
38. Careless driving.
39. Prohibition oI motor racing and speed trials on highways.
40. Punishment oI persons driving motor vehicles when under
inIluence oI drink or drugs.
41. Riding on outside oI motor vehicle.
42. Not more than one trailer to be drawn.
43. Limitation oI time Ior which drivers oI certain vehicles may
remain continuouslyonduty.
44. Duty to give name and address and to stop, and power oI arrest in certain cases.
45. InIormationtobe givenas toidentityoI drivers oI motor vehicles.
45 A. Seat belt assembly.
45 B. Additional requirements in respect to seat belt assemblies.
45 C. Proper installation and conIiguration oI seat belts.
45D. All motor vehicles to be Iitted with seat belt assemblies
45E. Drivers, etc. oI motor vehicles to wear seat belts
45E. Child in motor vehicles to wear child restraint system.
46. Restrictions on prosecutions under certain sections.
PART VII
REGULATION OE TRAEEIC AND OTHER MATTERS IN
CONNECTION THEREWITH
47. Rule oI the road.
48. Issue by Commissioner oI Police oI directions Ior guidance oI
users oI road.
49. Power to restrict use oI vehicles on speciIied roads.
50. Power oI road authority temporarily to prohibit or restrict traIIic
on roads.
51. Power to erect traIIic signs.
52. Parking places.
53. Penalties Ior neglect oI traIIic directions.
54. Abnormal or extraordinary traIIic.
55. Restrictions onpersons beingtowedbygettingontoor tampering
with motor vehicles.
56. Restrictiononpillionriding.
57. Restrictions on persons being towed on bicycles.
58. Restrictiononcyclistsridingabreast or holdingontoother moving vehicles.
59. Using vehicles on road carelessly.
LAWS OF GUYANA
SECTION
60. Leaving vehicles in dangerous positions.
61. Removal oI vehicles.
62. Pedestrians, etc., causing obstruction.
63. Duty to stop in case oI accident.
64. Registration oI certain premises and reports oI damage to motor
vehicles
PART VIII
ROAD SERVICE, HIRE CAR AND GOODS TRANSPORTATION LICENCES
65. Road service licences.
66. Considerations beIore grant or reIusal oI road service licence.
67. Power to revoke licences Ior non-compliance with conditions.
68. Duration oI licences.
69. Appeal.
70. Power oI Prescribed Authority to license hire cars to operate by
stages at separate Iares and to operate Ieeder services.
71. Considerations beIore grant or reIusal oI special licence.
72. Revocation oI special licence.
73. Appeal.
74. Power to Iix minimum or maximum Iares.
75. Power oI local authorities with respect to use oI roads by motor
buses.
76. Power to Iix stands and stopping places Ior motor buses.
77. Special provision Ior City oI Georgetown.
78. Exclusive licence.
79. Conductors` licences.
80. Licensing oI motor cars as hire cars.
81. Licensing competent drivers to drive hire cars.
82. (1) Conditions under which a hire car may be driven by a person
not licensed to drive a hire car.
(4) OIIences.
83. Employment oI driver oI hire car.
84. Power to suspend or revoke a licence to use, or to drive, a hire
car.
85. Appeal Irom Prescribed Authority.
86. Obligation to carry all persons.
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Cap. 51:02 7
SECTION
87. Licensing oI goods vehicles.
88. Powers oI Prescribed Authority.
89. Procedure on applications Ior licences.
90. Discretion oI Prescribed Authority as to grant or reIusal oI
licences.
91. Duration oI licences.
92. Conditions oI licences.
93. Penalty Ior non-compliance with conditions oI licence.
94. Application oI sections 65 and 67.
95. TransIer oI goods transportation licences.
96. Power to appoint Road Transport Advisory Board.
97. Application oI Part VIII to Georgetown and New Amsterdam.
98. Prescribed Authority Ior the purposes oI Part VIII.
PART IX
GENERAL
99. Eees.
100. International circulation oI motor vehicles.
101. Method oI calculating weight.
102. Recovery oI damage to road or bridge.
103. Silent zones.
104. Power to make regulations.
105. Publication oI orders.
106. Duplicate licences and certiIicates.
107. Eraudulent imitation, etc., oI documents.
108. GivingIalse inIormation.
109. Takingmotor vehicle without owner`s consent or other authority
to be an oIIence.
110. Onus oI prooI as to use oI motor vehicle.
111. Power to convict Ior reckless or dangerous driving.
112. Power to proceed on charge Ior careless driving on hearing oI
charge Ior reckless or dangerous driving.
113. Temporary suspension oI driving licence.
114. Prosecutions and penalties Ior oIIences.
115. Non-application oI certain sections to vehicles when used Ior
certain purposes.
LAWS OF GUYANA
1953 Ed.
c. 280
22 oI 1940
Short title.
Interpretation.
|21 oI 1946
28 oI 1948
7 oI 1959
26 oI 1961
24 oI 1969
32 oI 1970
2 oI 1973
4 oI 2002|
SECTION
116. Liability at Common Law.
117. In the event oI a conIlict oI laws the provisions oI this Act to
prevail.
118. Saving.
EIRST SCHEDULEA Licence Eees in respect oI Vehicles.
B Other Eees.
SECOND SCHEDULELimit oI speeds.
CHAPTER 51:02
MOTOR VEHICLES AND ROAD TRAFFIC ACT
An Act to make provision for the licensing, regulation and use of
motor vehicles, the regulation of traffic on roads and
otherwise with respect to roads and vehicles thereon.
|20TH DECEMBER, 1940|
1. This Act may be cited as the Motor Vehicles and Road TraIIic
Act.
2. In this Act
'anchorage points means that part oI the motor vehicle which is
designed to hold securely in position on the vehicle, seat belts Ior the
driver`s seat and the speciIied passengers` sets;
'child Ior the purposes oI the provisions relating to seat belts,
includes any person whose size, height or build is such that the person
experiences or is likely to experience problems or diIIiculty with the
upper anchorage point oI a seat belt;
'child restraint system means a seat belt restraint systemor other device
or combination oI devices, designed to diminish the risk oI injury to a
child, in the event oI collision or oI abrupt deceleration oI a vehicle, by
limiting the mobilityoI bodyoI the child, beinga device or combination
oI devices which-
LAWS OF GUYANA
Cap. 51:02 9
(i) is designed either to be Iixed directly to an anchorage point or to
be used in conjunction with an adult seat belt and held in place by
the restraining action oI the action oI the belt; or
(ii) is Iitted in the vehicle by the manuIacturer and is oI a type which
complies with such standards as may be prescribed by the Minister by
regulations in respect oI the shape, quality, construction, installation
and assembly oI seat belts and other saIety belt assemblies and
anchorage points and child restraint systems;
'division means a police division;
'driver where a separate person acts as steersman oI a motor vehicle,
includes that person as well as any other person engaged in the
drivingoI the vehicle andthe expression 'drive shall be construed
accordingly;
'Iront seat in relation to a motor vehicle, means a seat which is wholly
or partially in the Iront oI the vehicle;
'goods vehicle means a motor vehicle constructed or adapted Ior use
Ior the carriage oI goods, or a trailer so constructed or adapted;
'hire car means a motor car used or intended to be usedIor carryingnot
more than seven passengers Ior hire or reward under a contract
express or implied Ior the use oI the vehicle as a whole;
LAWS OF GUYANA
'invalid carriage means a motor vehicle whichis speciallydesigned and
constructed and not merely adapted, Ior the use oI persons
suIIering Iromsome physical deIect or disability and is used solely
by such persons;
'local authority means a municipal council, the council oI a local
government district established under the Municipal and District
Councils Act, and a village council, country authority or sanitary
authority under the Local Government Act;
'motor bus means a motor vehicle constructed and used Ior carrying
not less than eight passengers Ior hire or reward at separate Iares
stage by stage or stopping to pick up or set down passengers along
the line oI route;
'motor car means a motor vehicle constructed or adapted solely Ior the
carriage oI persons and their eIIects and used exclusively Ior
personal purposes;
'motor cycle means a motor vehicle (not being an invalid carriage) with
less than Iour wheels and the weight oI which unladen does not
exceed eight hundredweight;
'motor lorry means a motor vehicle which is constructedor adapted Ior
use Ior the carrying oI goods;
'motor tractor means a motor vehicle which is not itselI constructed to
carryanyloadother thanthe Iollowingarticles, that is tosay, water,
Iuel, accumulators and other equipment used Ior the purpose oI
propulsion, loose tools andloose equipment;
'motor vehicle means a mechanically propelled vehicle intended or
adapted Ior use on roads, but does not include a steam traction
engine, steam roller or a vehicle constructed and intended Ior use
exclusively on rails and, Ior the purposes oI Parts II, III (other than
section 12) and IVincludes a trailer;
c. 28:01
c. 28:02
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Cap. 51:02 11
'owner means the person in whose name a motor vehicle or trailer is
registered, and, in the absence Irom Guyana oI the registered
owner, the person in actual charge or possession oI the vehicle and,
in relation to a vehicle which is the subject oI a hiring agreement
or a hire purchase agreement, the person in possession oI the
vehicle under that agreement;
'prescribed inrelationtoanymatters, other thanthose prescribedinthe
Schedules, means prescribed by regulations made under this Act;
'purchase tax means the tax imposed under section 6;
'restraint seat in relation to a motor vehicle, means a seat Iixed to the
structure oI a motor vehicle by appropriate means and a seat belt Ior
which at least one anchorage point is located on the structure oI the
seat;
'road means any highway and any other road to which the public has
access, and includes bridges over which a road passes, and any
wharI, stelling or part oI the Ioreshore to which the public has
access;
'road authority in relation to a road means the authority responsible Ior
the maintenance oI the road;
' seat belt means any arrangement or assembly oI straps with a
securing buckle adjusting devices and attachment anchored to the
motor vehicle in accordance with section 45A(1) and is designed to
diminish the risk oI injury to its wearer in the event oI collision or
abrupt deceleration oI the vehicle by limiting the mobility oI the body
oI the wearer.
'traIIic means vehicles oI everydescription, pedestrians and all animals
being ridden, driven or led;
LAWS OF GUYANA
'trailer means anyvehicle without independent motive power intended
to be drawn by a motor vehicle, but does not include a side-car or
a van attached to the side oI a two-wheeled motor cycle;
'vehicle means a vehicle oI any kind used on a road.
PART I
CONSTITUTION OE LICENSING AUTHORITY
3. (1) The Minister shall bethe LicensingAuthorityIor the purposes
oI this Act.
Licensing
Authority.
|26 oI 1961|
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Cap. 51:02 13
(2) The administrationoI this Act shall be vestedinthe Licensing
Authority who may Irom time to time by publication in the Ga:ette
appoint such licensing oIIicers and certiIying oIIicers Ior each division
as maybe necessaryIor the due carryingout oI the provisions oI this Act.
(3) All licensing oIIicers and certiIying oIIicers shall be under the
direction oI the Licensing Authority and all licences, certiIicates and
other documents which maybe issued under this Act shall, except where
otherwise expressly provided, be issued by them.
(4) All applications which may be made under this Act shall be
made
(a) in connection with the motor vehicle, to the licensing
oIIicer oI the division where the vehicle is usually kept, and
(b) inthe case oI anapplicationIor a driver`s or conductor`s
licence, to the licensing oIIicer oI the division where the
applicant resides.
PART II
REGISTRATION OE MOTOR VEHICLES
4. (1) The Licensing Authority shall cause to be kept registers oI
motor vehicles in the prescribed Iorms and a separate register shall be
kept bythe licensingoIIicer in eachdivisionas directedbythe Licensing
Authority.
(2) Every licensing oIIicer shall Iorward to the Licensing
Authority a copy oI every entry made in the local register kept by him.
5. (1) Application Ior the registration oI a motor vehicle shall be
made by the owner thereoI in the prescribed Iorm, which must be duly
completed by the applicant and be accompanied by the prescribed
registration Iee together with the amount oI the purchase tax due
pursuant to section 6.
Register oI
motor vehicles
to be kept.
RegistrationoI
motor vehicles.
|2 oI 1973|
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c. 51:03
Purchase tax
payable on
registration oI
certain motor
vehicles.
|2 oI 1973
42 oI 1974
9 oI 1994|
(2) The licensingoIIicer towhomapplicationis made shall, upon
being satisIied that the provisions oI this Act and the Motor Vehicles
(Third-Party Risks) Act, have been complied with, Iorthwith enter the
particulars oI the vehicle in the register and shall give to the owner oI the
vehicle a certiIied copy oI that entry and such certiIicate oI registration
shall be regarded as prima facie evidence that the vehicle to which it
reIers has been registered.
(3) The licensing oIIicer shall supply to any person applying
thereIor and on payment oI the prescribed Iee a copy oI any entry in the
register relating to any speciIied vehicle, provided that the applicant
shows that he has a reasonable cause Ior requiring such a copy.
(4) The onus oI proving that a vehicle has been registered shall
rest upon the owner oI the vehicle.
6. (1) There shall be charged, levied and collected in respect oI
every motor vehicle oI a class or description speciIied by order oI the
Minister responsible Ior Iinance (hereinaIter in this section reIerred to
as 'the Minister) a purchase tax calculated on such percentage oI the
value oI the motor vehicle as shall be speciIied in that order which may
contain such provisions as the Minister may consider necessary or
expedient Ior giving eIIect to the order, including such qualiIications,
exceptions and conditions as he may think Iit.
(1A) The motor vehicle purchase tax shall be remitted on the
import or purchase oI a motor vehicle by a person eligible Ior
remission oI import duty under section 20 (3) oI the Customs Act.
Provided that section 23 (3) oI the Customs Act shall as it
applies, inter alia, to Iorgone duty due and payable thereunder apply
mutatis mutandis to Iorgone purchase tax that may become due and
payable under this subsection in circumstances mentioned in section
23 (3) oI the Customs Act.
(1B) The motor vehicle purchase tax shall be remitted on the
import or purchase oI a motor vehicle by a person listed in the Eirst
Schedule, Part III (B) to the Customs Act, in accordance with
regulations.
(1C) On the import or purchase oI a motor vehicle Ior use in
an activity granted a tax exemption under section 2 oI the Income
Tax (In aid oI Industry) Act, the Motor vehicle purchase tax
thereon is remitted with respect to a vehicle placed in service
during the period oI exemption, subject to such restrictions and
limitations as may be provided by regulations made by the
Minister under this subsection.
c 82:01
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Cap. 51:02 15
(2) Purchase tax is payable to the licensing oIIicer at the time oI the
making oI the application Ior the registration oI the motor vehicle
which, Ior the purposes oI this section, includes the amendment, by
reason oI such circumstances as may be speciIied in the order made
under subsection(1), oI the particulars oI the entryinthe register relating
to the registration oI a motor vehicle.
(3) II any motor vehicle in respect oI which purchase tax is
payable is registered contrary to the provisions oI this section the
registration shall be void and oI no eIIect and the vehicle shall be deemed
not to have been registered under this Act.
(4) The Minister may, by order, abolish, reduce or increase the
purchase tax imposed pursuant to subsection (1).
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Cap. 51:02 15
(5) Every order made under this section shall within twenty-one
days Irom the date oI its publication in the Ga:ette be laid beIore the
National Assembly and the National Assembly may by resolution
conIirm, amend or revoke the order and upon publication oI the
resolution oI the National Assembly in the Ga:ette, the eIIect oI the
order shall, subject to the provisions oI any other law, be subject to the
terms oI the resolution; iI the order is not laid as required by this
subsection it shall ipso facto expire and in reckoning Ior the purposes
oI this subsection any period oI days no account shall be taken oI any
period during which Parliament is dissolved or prorogued or
during which the National Assembly is adjourned Ior more than
seven days.
(6) Purchase tax shall not be charged, levied and collected in
respect oI a motor vehicle the registered owner oI which is exempt Irom
the payment oI Iees on the registrationthereoI under this Act or byvirtue
oI any other law.
(7) II it is provedtothe satisIactionoI the Commissioner oI Inland
Revenue that any person has paid purchase tax in excess oI the amount
with which he is properly chargeable, that person is entitled to have the
amount so paid in excess reIunded.
(8) Sections 36 and 37 oI the Customs Act shall, as they apply to
an exemption Irom duties oI customs, apply mutatis mutandis to any
exemption Irom the payment oI purchase tax conIerred by this or any
other law as iI the purchase tax were such a duty subject, however, to
the modiIication that the reIerences in those sections to the Comptroller
and an importer shall be construed and have eIIect as reIerences to a
licensing oIIicer, and the registered owner oI the vehicle the subject
matter oI the exemption, respectively.
(9) Eor the purposes oI this section, 'value in relation to
(a) a newor used motor vehicle which is the subject matter
oI a purchase Irom a dealer in motor vehicles, means such
sum as in the opinion oI the licensing oIIicer is the ordinary
retail selling price at which the motor vehicle would normally
be sold without havingregard to any discounts, commissions,
monetary deductions, or other allowances given or made by
c. 82:01
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the seller thereoI;
(b) a used motor vehicle imported into Guyana, not being a
used motor vehicle to which paragraph (a) applies, means
such sum as is certiIied by the Comptroller oI Customs and
Excise tobe the value oI the motor vehicle takingintoaccount
the amount oI customs duty and deIence levy leviable
thereon.
ProhibitionoI
registration oI
certain persons
and vehicles.
Exemptions
Irom need Ior
registration
and Irom
payment oI
registration
Iee.
|6 oI 1941|
Amendment oI
entries in
register.
|7 oI 1959|
7. (1) No person shall be registered as the owner oI a motor vehicle
unless he is oI or above the age oI seventeen years.
(2) Unless the Minister otherwise directs a licensing oIIicer shall
not register a motor vehicle, other thana tractor, havingthe steeringpillar
on the leIt or near side, which has beenimported or brought into Guyana
aIter the 31st December, 1932.
8. (1) The Iollowing motor vehicles shall be exempt Iromthe need
Ior registration:
(a) new motor vehicles in the stock oI a dealer in motor
vehicles, and motor vehicles whilst being used under the
authority oI dealers` general licences, as hereinaIter
provided; and
(b) any motor vehicle the property oI or used by the
President.
(2) No registration Iee shall be charged in respect oI any motor
vehicle whichis the propertyoI the Government or anymunicipal council
or a local authority which has been exempted Irom payment oI
registration Iees by the Minister, or the Georgetown Sewerage and
Water Commissioners.
9. (1) The owner oI a motor vehicle shall, within seven days thereoI,
notiIy the licensing oIIicer oI all circumstances or events which aIIect
the accuracy oI the entries in the register and shall at the same time
Iorward his certiIicate oI registration Ior amendment. A licensing
oIIicer may at any time call upon an owner oI a motor vehicle to Iurnish
all inIormation Ior the veriIication oI the entries in the register relating
to such vehicle.
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Cap. 51:02 17
(2) Whenever the registered owner oI a motor vehicle is about to
absent himselI IromGuyana leaving his registered vehicle in Guyana he
shall notiIythe licensingoIIicer inwritingoI the name andaddress oI the
person in whose charge or possession the vehicle will be leIt.
10. (1) On the change oI possession oI a motor vehicle otherwise
than by death
(a) the motor vehicle shall not be used Ior more than seven
days aIter such change oI possession unless the new owner
is registered as the owner thereoI;
(b) the registered owner and the new owner shall within
seven days aIter such change oI possession, make application
inwritingsignedbybothoI themtothe licensingoIIicer giving
the name and address oI the new owner and the date oI
change oI possession and such application shall be
accompanied by the certiIicate oI registration, the prescribed
Iee and a certiIicate oI the Commissioner oI Inland Revenue
stating that the registered owner has in accordance with
section 60 oI the Income Tax Act delivered to the
Commissioner oI Inland Revenue all his returns, includingthe
return Ior the preceding year oI income, and has paid all taxes
due and payable to the Commissioner by him or has made
arrangements to the satisIaction oI the Commissioner Ior the
payment oI all such taxes that are due and payable. The
licensing oIIicer shall thereupon enter in the register and the
certiIicate oI registration the name and address oI the new
owner and the date on which the entry is made and Iromsuch
date the new owner shall Ior the purposes oI this Act be
deemed to be the registered owner oI the motor vehicle.
(2) (i) On the death oI the registered owner oI a motor vehicle the
person into whose custody the vehicle shall lawIully come shall
within one month oI its coming into his custody give notice oI
the Iact to the licensing oIIicer, who shall give such
instructions in writing as he may think Iit as to the use oI the
vehicle pending the registration oI the new owner. Any person
to whompermission to use the vehicle pendingsuch
TransIer oI
registration.
14 oI 1982|
LAWS OF GUYANA
registrationis givenshall Ior the purposes oI this Act be deemedtobe the
registered owner oI the vehicle during the period Ior which such
permissionis given.
(ii) On the registration oI the newowner the licensing oIIicer
shall on payment oI the prescribed Iee amend the certiIicate oI
registration in the manner prescribed in paragraph (b) oI the preceding
subsection.
(3) In lieu oI amending any certiIicate oI registration as provided
in this section the licensing oIIicer may issue a new certiIicate oI
registration.
CancellationoI
registration.
Driving
unregistered
motor vehicle
an oIIence.
|4 oI 1972|
11. (1) The registration oI a motor vehicle shall remain valid so long
as the vehicle is kept Ior use, and shall only be cancelled iI the licensing
oIIicer is satisIied that the vehicle has been destroyed or rendered
permanently unserviceable or permanently removed Irom Guyana.
(2) The owner oI any motor vehicle which has been destroyed or
rendered permanently unserviceable or has been permanently removed
Irom Guyana shall notiIy the licensing oIIicer oI the Iact within one
month oI the happening oI the event.
12. Save as hereinaIter provided, anyperson whodrives or, beingthe
owner, permits anyother persontodrive ona roada motor vehicle which
is not registered under this Act shall be guilty oI an oIIence:
Provided that no person shall be convicted Ior an oIIence against
this section iI he proves that he has taken all reasonable steps to comply
withits requirements, andthat the vehicle was being driven on a road Ior
the purpose oI being registered.
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Cap. 51:02 19
PART III
IDENTIEICATION MARKS AND CERTIEICATES OE EITNESS
13. (1) The licensing oIIicer shall assign to every motor vehicle on
registration a distinctive identiIication mark consisting oI a number or a
number and a letter, and there may be diIIerent series oI marks Ior such
diIIerent classes oI vehicles as may be prescribed.
(2) The licensing oIIicer may at any time give notice in writingto
the registered owner oI a motor vehicle directing him within a time
limited in the notice to produce the vehicle in order that another
identiIication mark may be assigned to the vehicle and on the vehicle
being produced the mark shall be assigned and the register amended
accordingly.
(3) The licensingoIIicer may assign general identiIication marks
to dealers in motor vehicles Ior use on vehicles which are being used Ior
anypurpose authorised byor under a dealer`s general licence. The same
identiIication markshall not be usedon more than one vehicle at anyone
time.
(4) The licensing oIIicer may at any time by notice in writing
assign to a dealer new identiIication marks.
14. Anyperson who drives a motor vehicle the identiIication markoI
which is not Iixed thereon as prescribed or being so Iixed is in any way
obscured or not easily distinguishable shall be guilty oI an oIIence:
Provided that on a prosecution Ior having a mark obscured or not
easily distinguishable prooI that all reasonably practicable steps have
been taken to prevent the mark being obscured or not easily
distinguishable shall be a good deIence.
15. (1) Application Ior a certiIicate oI Iitness in respect oI a motor
vehicle shall be made to a certiIying oIIicer and shall be accompanied
by the prescribed Iee:
Provided that
IdentiIication
marks Ior
motor vehicles.
Drivingmotor
vehicle
without
identiIication
mark an
oIIence.
CertiIicates oI
Iitness Ior
motor vehicles.
|6 oI 1941|
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(a) where a second or subsequent application is made in
respect oI the same motor vehicle in any one year no Iee shall
be required;
(b) no Iee shall be charged under this section Ior the
inspection oI any motor vehicle which is the property oI
Government or any municipal council or a local authority
which has been exempted Irom the payment oI registration
Iees by the Minister, or the Georgetown Sewerage and Water
Commissioners.
(2) II, aIter inspecting the motor vehicle, the certiIying oIIicer is
satisIied that the vehicle conIorms to the prescribed conditions as to
Iitness, he shall, subject to the regulations, issue a certiIicate oI Iitness
in respect oI the vehicle Ior such time as he shall think Iit.
(3) The Licensing Authority may at any time revoke or suspend
a certiIicate oI Iitness iI, on the advice oI a certiIying oIIicer, it appears
to him that the motor vehicle has ceased to comply with any oI the
prescribed conditions as to Iitness.
(4) AcertiIying oIIicer may issue a certiIicate oI Iitness without
inspection iI he is satisIied that the motor vehicle conIorms to the
prescribed conditions as to Iitness.
DrivinganunIit
motor vehicle
an oIIence.
CertiIicate oI
Iitness Ior
animal drawn
vehicles.
|26 oI 1950
6 oI 1997
12 oI 1997|
16 oI 1998|
16. Any person who drives on a road a motor vehicle in respect oI
which a certiIicate oI Iitness is not in Iorce or in respect oI which the
prescribed conditions as to Iitness are not IulIilled shall be guilty oI an
oIIence.
17. (1) No person shall operate any vehicle to which this section
applies unless there is in Iorce a certiIicate oI Iitness issued by a
certiIying oIIicer in respect oI such vehicle.
(2) Any application Ior the issue oI a certiIicate oI Iitness under
this section shall be accompanied by a Iee oI sixty-Iive dollars.
LAWS OF GUYANA
Cap. 51:02 21
(3) This section shall applyto every vehicle drawn byany animal,
and constructed and used Ior the carriage oI not less than six passengers
Ior hire or reward at separate Iares stage by stage, or stopping to pick
up or set down passengers along the line oI route.
(4) Any person who operates any vehicle in contravention oI this
section shall be liable on summary conviction to a Iine oI not less than
Iive thousand dollars nor more than ten thousand dollars.
PART IV
LICENCE EEES
18. (1) There shall be charged, levied and paid in respect oI motor
vehicles used or kept Ior use on roads licence Iees at the respective
annual rates speciIied in the Eirst Schedule.
(2) The Iees charged under this section shall be paid annually
upon licences to be taken out by persons keeping vehicles Ior use, which
licences shall expire on the 31st December oI the year in respect oI
which such licences are issued:
Providedthat where a vehicle is licensed Ior the Iirst time on or aIter
the 1st July in any year, the licence Iee chargeable shall be IiIty per cent
oI the annual Iee.
(3) Licence Iees shall be due on the 1st January in every year
except in respect oI vehicles being licensed Ior the Iirst time, when the
Iees thereIor shall be due at the time oI the Iirst registration in Guyana
oI such vehicles.
(4) No licence Iee shall be payable in respect oI any vehicle
which is exempt Iromregistration or Irompayment oI a registration Iee
under section 8 or which is exempt under the provisions oI the Eirst
Schedule.
Licence duty
Ior motor
vehicles.
|34 oI 1969
32 oI 1970|
LAWS OF GUYANA
ApplicationIor
a licence.
c. 51:03
Alteration oI
motor vehicle
occasioning
higher licence
duty.
19. (1) Application Ior the issue oI a licence Ior a motor vehicle shall
be made to the licensing oIIicer in the prescribed Iorm and shall be
accompanied by the certiIicate oI registration, the certiIicate oI Iitness
and the certiIicate oI insurance under the Motor Vehicles Insurance
(Third-Party Risks) Act.
(2) The licensing oIIicer may reIuse to issue a licence to any
applicant who Iails to comply with the provisions oI the preceding
subsection:
Providedthat the licensingoIIicer may, iI he thinks Iit, dispense with
production oI the certiIicate oI registration or the certiIicate oI Iitness,
or both, when the licence, not being a licence Ior a motor bus or hire car,
is to be issued by way oI renewal oI an existing licence and to the same
applicant.
(3) Save as is in this Act provided every licence shall be issued
inrespect oI the motor vehicle speciIied inthe application Ior the licence
and shall not entitle the person to whom it is issued to use it in respect
oI any other vehicle or Ior any purpose other than that speciIied in the
licence and a licensing oIIicer shall not be required to issue any licence
Ior which application is made unless he is satisIied that the licence
applied Ior is the appropriate licence Ior the vehicle speciIied in the
application and, in the case oI an application Ior a licence Ior a vehicle
purportingtobe the Iirst applicationIor a licence inrespect oI the vehicle,
that a licence has not previously been issued in respect oI that vehicle:
Provided that iI a licensing oIIicer reIuses to issue a licence on the
ground that the licence applied Ior is not the appropriate licence Ior the
vehicle the applicant Ior the licence may, aIter giving to the licensing
oIIicer notice oI his intention so to do, appeal to the magistrate`s court
oI the magisterial district in which the vehicle is normally kept, and on
any such appeal the court may make such order as it thinks Iit, and any
order so made shall be binding on the Licensing Authority.
20. (1) Where a motor vehicle in respect oI which a licence has been
issued is altered aIter the licence has been issued in such manner as to
cause the vehicle to become a vehicle in respect oI which a licence at
a higher Iee or a licence oI a diIIerent class is required, the licence shall
LAWS OF GUYANA
Cap. 51:02 23
become void, but the holder oI the licence shall, onsurrenderingthe same
and Iurnishing the particulars oI alteration, be entitled to receive a new
licence in respect oI the vehicle, to have eIIect Ior the period Ior which
the surrendered licence would, iI it had not been surrendered, have
remained in Iorce, on payment oI such amount, iI any, as represents the
diIIerence between the amount payable on the new licence and the
amount paid on the surrendered licence.
(2) Where a licence has been taken out as Ior a motor vehicle to
be used solely Ior a certain purpose and the vehicle is at any time during
the period Ior which the licence is in Iorce used Ior some other purpose,
the person so using the vehicle shall, iI the Iee chargeable in respect oI
a licence Ior a vehicle used Ior that purpose is higher than the Iee
chargeable in respect oI the licence which has been taken out, be
deemed to be guilty oI an oIIence under section 23, and that section shall
applyaccordingly.
21. (1) On the change oI possession oI a motor vehicle the current
licence in respect oI such vehicle maybe deliveredto the newowner and
such delivery shall, subject to section 10, operate as a transIer oI the said
licence.
(2) Where on a change oI possession as aIoresaid the current
licence is not transIerred the new owner shall, iI he intends to use the
vehicle, obtain a licence Ior the purpose.
22. (1) A licensing oIIicer may issue to a dealer in motor vehicles a
dealer`s general licence which, subject to this section and to any other
conditions which may be prescribed, shall authorise the use oI such
number oI motor vehicles not exceeding Iour at any one time, as may be
speciIied in the licence.
(2) Application Ior a dealer`s general licence shall be made to a
licensing oIIicer in the prescribed Iormand shall be accompanied bythe
prescribed Iee.
|26 oI 1961|
TransIer oI
licenceon
changeoI
ownership.
Dealers`
general
licences.
LAWS OF GUYANA
(3) Adealer`s general licence shall authorise the use oI any motor
vehicle which belongs to the dealer, or is entrusted to him Ior sale or
repair, and is beingtested or beingused Ior the purpose oI eIIectinga sale
or hire or Ior such other purposes as may be prescribed.
(4) Amotor vehicle shall not be usedona roadunder the authority
oI a dealer`s general licence unless the holder oI the licence, or a person
duly authorised by himin writing, accompanies such vehicle.
(5) Amotor vehicle shall not be usedona roadunder the authority
oI a dealer`s general licence Ior the carriage oI passengers or goods Ior
reward or Ior any purpose not provided Ior by this Act nor shall it be
transIerred or assigned to any other person without the authority oI the
licensingoIIicer.
(6) The licensing oIIicer shall keep a register oI all dealers`
general licences issued under this Act.
(7) On the issue oI a licence under this section the licensing
oIIicer shall assign to the dealer diIIerent identiIication marks in respect
oI the number oI vehicles speciIied in the licence.
(8) Alicence issued under this section shall continue inIorce until
the 31st December in the year in which it is issued.
Using
unlicensed
motor vehicle
an oIIence.
|52 oI 1950
7 oI 1959
34 oI 1969
4 oI 1972
12 oI 1997
16 oI 1998|
23. (1) II any person uses on a road or keeps Ior use or permits to be
kept Ior use on a road any motor vehicle in respect oI which a licence
under this Act is not in Iorce he shall be liable on summary conviction
to a Iine oI not less than ten thousand dollars nor more than twenty
thousand dollars and in the case oI a second or subsequent conviction to
a Iine oI not less than twenty thousand dollars nor more than Iorty
thousanddollars.
(2) Where any person who is charged with an oIIence under the
preceding subsection alleges that he is not the owner oI the vehicle the
magistrate may cause a summons to be issued against the person who
is alleged by the person charged to be the owner oI the vehicle making
LAWS OF GUYANA
Cap. 51:02 25
hima co-deIendant in the case and the magistrate may aIter hearing the
evidence and witnesses oI all parties make such order as to the payment
oI any Iine and costs as to the magistrate may seem just.
(3) Where any person has been convicted oI an oIIence under
subsection (1) the magistrate shall, iI such person has not at the time oI
conviction taken out the licence required by section 18, order such
person to pay, in addition to any Iine imposed Ior such oIIence the sum
required to be paid Ior the licence.
(4) The sum to be paid under subsection (3) shall be deemed to
be and shall be recovered as one penalty.
(5) Upon the payment oI the aIoresaid penalty and costs, the
licensing oIIicer shall issue the appropriate licence in respect oI the
vehicle:
Providedthat nosuchlicence shall be issuedbythe licensingoIIicer
iI he wouldnot otherwise have beenobligedtoissue that licence byvirtue
only oI the payment oI the said amount.
PART V
LICENSING OE DRIVERS AND PROVISIONS AS TO
DISQUALIEICATION OE DRIVERS AND ENDORSEMENT OE
LICENCES
24. (1) A person shall not drive a motor vehicle on a road unless he
is the holder oI a driver`s licence and a person shall not employ any
person to drive a motor vehicle on a road unless the person so employed
is the holder oI a driver`s licence and iI any person acts in contravention
oI this section he shall be guilty oI an oIIence.
(2) Any person driving a motor vehicle on a road including any
person who supervises that person whilst driving shall, on being so
required by a police constable, produce his licence Ior examination, so
as to enable the police constable to ascertain the name and address oI
the holder oI the licence, the date oI issue, and the authority by which
it was issued, and iI he Iails so to do, he shall be guilty oI an oIIence.
Drivingmotor
vehicle
without a
licencean
oIIence.
|7 oI 1959
10 oI 1975|
LAWS OF GUYANA
Conditions
governinggrant
oI driving
licence.
Provisional
licences.
|10 oI 1975|
Drivingtests.
Provisions as to
physical Iitness
oI applicants
Ior drivers`
licences.
(3) Any person producing his licence under the preceding
subsection shall, iI requested to do so, declare his present address and
iI he reIuses he shall be guilty oI an oIIence.
25. A licence to drive a motor vehicle shall not be granted to any
applicant unless he satisIies the licensing oIIicer that he has either
(a) at some time passed the prescribed test oI competence
to drive; or
(b) at any time beIore the commencement oI this Act held
a certiIicate in Guyana or a licence elsewhere in the
Commonwealth authorisinghimto drive any motor vehicle oI
the class or description which he would be authorised by the
licence applied Ior to drive.
26. (1) Eor the purpose oI enabling the applicant Ior the grant oI a
licence to learn to drive a motor vehicle with a view to passing the
prescribed test, the licensing authority may, iI so requested by him, and
on payment oI the prescribed Iee, grant hima provisional licence upon
suchterms andconditions, and Ior such period, andin such Iorm, as may
be prescribed.
(2) II any person to whom such a provisional licence is granted
Iails to comply with any oI the conditions subject to which it is granted,
he shall be guilty oI an oIIence.
27. Tests oI competence to drive a motor vehicle shall be conducted
by a certiIying oIIicer in the prescribed manner and on payment oI the
prescribed Iee.
28. (1) On an application Ior the grant oI a driver`s licence the
applicant shall make a declaration in the prescribed Iormas to whether
or not he is suIIering Iromany such disease or physical disability as may
be speciIiedinthe Iorm, or anyother disease or physical disabilitywhich
would be likely to cause the driving by himoI a motor vehicle, being a
vehicle oI such a class or description as he would be authorised by the
licence to drive, to be a source oI danger to the public.
LAWS OF GUYANA
Cap. 51:02 27
(2) II Iromthe declaration it appears that the applicant is suIIering
Irom any such disease or disability as aIoresaid, the certiIying oIIicer
shall reIuse to grant the licence:
Provided that
(a) a licence limited to driving an invalid carriage may be
granted to the applicant iI the certiIying oIIicer is satisIied that
he is Iit to drive such carriage;
(b) the applicant may, except in the case oI such diseases
and disabilities as may be prescribed, on payment oI the
prescribed Iee, claimto be subjected to a test as to his Iitness
or ability to drive a motor vehicle oI any such class or
description as he would be authorised by the licence to drive,
and iI he passes the prescribed test and is not otherwise
disqualiIied, the licence shall not be reIused by reason only oI
this subsection so, however, that iI the test proves his Iitness
to drive vehicles oI a particular construction or design only,
the licence shall be limited to the driving oI such vehicles;
(c) iI on the Iirst application Ior the grant oI a licence by a
person who at the commencement oI this Act is the holder oI
a driver`s certiIicate under the (repealed) Motor Vehicles
Act, 1932, an applicant who is suIIering Irom a disease or
disability other than a disease or disability prescribed as
aIoresaid makes a declaration that notwithstanding his
disease or disability he has during the six months immediately
preceding the application been in the habit oI driving a motor
vehicle oI any such class or description as he would be
authorised by the licence to drive and that the disease or
disability Iromwhich he suIIered did not cause the driving oI
such a motor vehicle by him to be a source oI danger to the
public, the licence shall not be reIused by reason only oI this
subsection;
(d) iI on the application Ior the grant oI a driver`s licence the
applicant makes a declaration that on the occasion oI a
previous applicationbyhima licence was grantedto himaIter
passing such a test as aIoresaid, or making such a declaration
as is mentioned in the last precedingparagraph oI this proviso,
a Iurther test shall not be required, unless Iromthe declaration
as to physical Iitness made by him Ior the purposes oI his
43 oI 1932
LAWS OF GUYANA
application, or Irom inIormation received by the certiIying
oIIicer, it appears that the disease or physical disability Irom
which the applicant is suIIering has become more acute, or
that the applicant is suIIering Iromsome disease or disability
not disclosed on the previous occasion or contracted since that
occasion.
(3) II it appears to a certiIying oIIicer that there is reason to
believe that any person who holds a licence is suIIering Irom a disease
or physical disabilitylikelytocause the drivingbyhimoI a motor vehicle,
beinga vehicle oI anysuch class or description as he is authorised bythe
licence todrive, tobe a source oI danger tothe public, andoninquiryinto
the matter the certiIying oIIicer is satisIied that the licence holder is
suIIering Iromsuch a disease or disability as aIoresaid, then, whether or
not the holder so suIIering as aIoresaid has previously passed a test
under this section, the certiIying oIIicer may, aIter giving to the licence
holder notice oI his intention so to do, revoke the licence and the licence
holder shall, onreceipt oI such notice, deliver the licence to the certiIying
oIIicer Ior cancellation:
Provided that the licence holder may, except in the case oI such
disease and disabilities as may be prescribed, claimto be subjected to a
test as to his Iitness or disabilityto drive a motor vehicle, and iI he passes
the prescribed test the licence shall not be revoked.
(4) II anyperson is aggrieved bythe reIusal oI a certiIyingoIIicer
to grant a licence or by the revocation oI a licence under this section, he
may, aIter giving to the oIIicer notice oI his intention so to do, appeal to
the magistrate`s court oI the magisterial district in whichthe saidperson
resides, and on any such appeal the court may make such order as it
thinks Iit, andanyorder somade shall be bindingonthecertiIyingoIIicer.
IssueoI driving
licences.
|6 oI 1941
34 oI 1969
4 oI 1972
3 oI 1988|
29. (1) Subject to this Part the licensing oIIicer, except in the case oI
an applicant who is disqualiIied as hereinaIter mentioned, shall on
payment oI the prescribed Iee grant a licence to any person who applies
Ior it in the prescribed manner and makes a declaration in the prescribed
Iorm that he is not disqualiIied by reason oI age or otherwise Irom
obtaining the licence Ior which he is applying:
LAWS OF GUYANA
Cap. 51:02 29
Provided that no Iee shall be payable by any police constable or
member oI the Guyana DeIence Eorce who is required to drive in the
course oI his duty any motor vehicle which is the property oI the State.
(2) Licences shall beinthe prescribedIorm, andwhere under this
Part the applicant is subject to any restriction with respect to the driving
oI any class oI motor vehicle, the extent oI the restriction shall be
speciIied in the prescribed manner on the licence.
(3) Subject to the provisions oI this Act with respect to
provisional licences, a licence shall, unless previously revoked or
surrendered, remain in Iorce until the birthdayoI the licence holder in the
third year Iollowing the year oI issue.
(4) Aperson shall be disqualiIied Iromobtaining a licence
(a) while another licence granted to him is in Iorce;
(b) iI he is by a conviction under this Act or by an order oI
a court thereunder disqualiIied Irom holding or obtaining a
licence.
(5) In any proceedings the Iact that a licence has been granted
toa personshall be evidence that that personIor the purpose oI obtaining
that licence made a declarationthat he was not disqualiIiedIromholding
or obtaining the licence.
30. The Licensing Authority shall keep a register oI all driving
licences issued in which shall be entered the name and address oI the
holder and the date oI issue oI the licence, the class oI vehicle authorised
to be driven and a record oI any convictions against the holder oI the
licence.
31. (1) Any court beIore which a person is convicted oI any criminal
oIIence in connection with the driving oI a motor vehicle (not being an
oIIence under Part VIII)
(a) may in any case, except where otherwise expressly
provided by this Act, and shall where so required by this Act,
order himtobe disqualiIiedIromholdingor obtaininga licence
Ior such period as the court thinks Iit; and
Register oI
driving
licences.
DisqualiIication
Ior oIIences
and endorse-
ment oI
convictions.
|26 oI 1961|
LAWS OF GUYANA
(b) may in any case, and shall where a person is by virtue oI
a conviction disqualiIied Iromholding or obtaining a licence,
or where an order so disqualiIying any person is made or
where so required by this Act, order that particulars oI the
conviction and oI anydisqualiIication to whichthe convicted
person has become subject shall be endorsed on any licence
held by the oIIender:
Provided that, iI the court thinks Iit, any disqualiIication imposed
under this section may be limited to the driving oI a motor vehicle oI the
same class or description as the vehicle in relation to which the oIIence
was committed.
c. 3:04
Provision as to
disqualiIica-
tions and
suspensions.
|12 oI 1997
16 oI 1998|
(2) A person who by virtue oI an order oI a court under this Act
is disqualiIiedIromholdingor obtaininga licence mayappeal against the
order in the same manner as against a conviction, and the court may, iI
it thinks Iit, notwithstanding the provisions oI the SummaryJurisdiction
(Appeals) Act, declare that the disqualiIicationshall operate pendingthe
appeal.
32. (1) Where a person who is disqualiIied by virtue oI a conviction
or order under this Act is the holder oI a licence, the licence shall be
suspended so long as the disqualiIication continues in Iorce.
(2) Alicence suspendedbyvirtue oI this Act shall duringthe time
oI suspension be oI no eIIect.
(3) Aperson whobyvirtue oI a convictionor order under this Act
is disqualiIiedIromholdingor obtaininga licence, may, at anytime aIter
the expiration oI six months Iromthe date oI the conviction or order, and
Irom time to time apply to the court beIore which he was convicted or
by which the order was made to remove the disqualiIication and on any
such application the court may as it thinks proper having regard to the
character oI the person disqualiIied and his conduct subsequent to the
conviction or order, the nature oI the oIIence, and any other
circumstances oI the case either by order remove the disqualiIication as
Iromsuchdate as maybe speciIiedinthe order or reIuse the application:
LAWS OF GUYANA
Cap. 51:02 31
Providedthat, where anapplicationunder this subsectionis reIused,
a Iurther application thereunder shall not be entertained iI made within
three months aIter the date oI the reIusal.
(4) II the court orders a disqualiIication to be removed, the court
shall cause particulars oI the order to be endorsed on the licence, iI any,
previously held by the applicant and the court shall in any case have
power to order the applicant to pay the whole or any part oI the costs
oI the application.
(5) II any person who under this Act is disqualiIied Iromholding
or obtaining a licence applies Ior or obtains a licence while he is so
disqualiIied or iI any such person while he is so disqualiIied drives a
motor vehicle, or, iI the disqualiIicationis limitedtothe drivingoI a motor
vehicle oI a particular class or description, a motor vehicle oI that class
or description, on a road, that person shall be liable on summary
conviction to imprisonment Ior twelve months or iI the court thinks that,
havingregardtothe special circumstances oI the case, a Iine wouldbe an
adequate punishment Ior the oIIence, to a Iine oI not less than twenty-
Iive thousand dollars nor more than IiIty thousand dollars, or to both
such imprisonment and such Iine, and a licence obtained by any person
disqualiIied as aIoresaid shall be oI no eIIect.
(6) Notwithstanding any enactment prescribing the time within
which proceedings may be brought beIore a court oI summary
jurisdiction, proceedings Ior an oIIence under subsection (5) may be
brought
(a) within a period oI six months Irom the date oI the
commission oI the alleged oIIence; or
(b) withina periodwhichexceeds neither three months Irom
the date on which it came to the knowledge oI the prosecutor
that the oIIence had been committed nor one year Irom the
date oI the commission oI the oIIence,
whichever period is the longer.
LAWS OF GUYANA
(7) Eor the purposes oI this section, reIerences to orders and
convictions under this Act include reIerences to orders and convictions
under the corresponding provisions oI any enactment repealed by this
Act.
Provisions as to
endorsement.
|21 oI 1946
26 oI 1961
6 oI 1997
12 oI 1997|
16 oI 1998|
33. (1) An order that the particulars oI any conviction or oI any
disqualiIication to which the convicted person has become subject are
to be endorsed on any licence held by the oIIender shall, whether the
oIIender is at the time the holder oI a licence or not, operate as an order
that any licence he may then hold or may subsequently obtain, shall be
soendorseduntil he becomes entitledunder this sectionto have a licence
issued to him Iree Irom endorsement.
(2) Where an order is made requiring any licence held by an
oIIender to be endorsed, then
(a) iI the oIIender is at the time the holder oI a licence, he
shall, iI so required by the court, produce the licence within
Iive days or such longer time as the court may determine Ior
the purpose oI endorsement; and
(b) iI he is not then the holder oI a licence, but subsequently
obtains a licence, he shall within Iive days aIter so obtaining
the licence produce it to the court Ior the purpose oI
endorsement,
and iI he Iails to do so, he shall be guilty oI an oIIence; and iI the licence
is not produced Ior the purpose oI endorsement within such time as
aIoresaid, it shall be suspended Iromthe expiration oI such time until it
is produced Ior the purpose oI endorsement.
(3) On the issue oI a new licence to any person, the particulars
endorsed on any previous licence held by himshall be copied on to the
newlicence unless he has previously become entitled under this section
to have a licence issued to him Iree Irom endorsements.
(4) II any person whose licence has been ordered to be endorsed
and who has not previously become entitled under this section to have
a licence issued to him Iree Irom endorsement applies Ior or obtains a
licence without giving particulars oI the order, he shall be liable on
LAWS OF GUYANA
Cap. 51:02 33
summary conviction to a Iine oI not less than twenty thousand dollars
nor more than Iorty thousand dollars or to imprisonment Ior six months
and any licence so obtained shall be oI no eIIect.
(5) Where a person in respect oI whom an order has been made
under this Act or the corresponding provisions oI any Act repealed by
this Act requiringthe endorsement oI anylicence held byhim, has during
a continuous period oI three years or upwards since the order was made
hadno such order against him, he shall be entitled, either on applying Ior
the grant oI a licence under this Act or, subject to payment oI a Iee oI
sixty-Iive dollars, and subject to surrender oI any subsisting licence, at
any time, to have issued to hima new licence Iree Iromendorsements:
Providedthat, inreckoningthe saidperiodoI three years, anyperiod
during which the person was by virtue oI the order disqualiIied Irom
holding or obtaining a licence shall be excluded.
(6) Where a court orders particulars to be endorsed on a licence
held by any person, or where by a conviction or order oI a court a person
is disqualiIied Irom holding or obtaining a licence the court shall send
notice oI the conviction or order to the Licensing Authority and the
Commissioner oI Police and in a case where a person is so disqualiIied,
shall also on the production oI the licence Ior the purpose oI endorsement
retain the licence and Iorward it to the Licensing Authority who shall
keep the licence until the disqualiIication has expired or been removed
and the person entitled to the licence has made a demand in writing Ior
its return to him.
Where the disqualiIication to which a person has become subject is
limitedtothe drivingoI a motor vehicle oI a particular class or description
the Licensing Authority shall Iorthwith aIter the receipt thereoI issue to
that person a new licence on which there shall be indicated in the
prescribed manner the class or description oI vehicle which the holder
oI the licence is not thereby authorised to drive, and the licence so issued
shall remaininIorce either Ior the unexpiredperiodoI theoriginal licence
or Ior the period oI the disqualiIication, whichever is the shorter.
LAWS OF GUYANA
(7) Where on an appeal against any such order the appeal is
allowed, or where anysuchconvictionis quashed, the court bywhichthe
appeal is allowed or the conviction is quashed shall direct that notice
thereoI be sent to the Licensing Authority and the Commissioner oI
Police.
PART VI
Restrictions on
driving by
young
persons.
|O. 4/1974|
PROVISIONS AS TO DRIVING AND THE USE OE ROADS
AND OEEENCES IN CONNECTION THEREWITH
34. (1) A person under sixteen years oI age shall not drive a motor
vehicle on a road.
(2) Aperson under seventeen years oI age shall not drive a motor
vehicle other than a motor cycle or invalid carriage on a road.
(3) A person under eighteen years oI age shall not drive a hire
car, motor bus, motor lorry, or motor tractor on a road:
Provided that a vehicle being an agricultural tractor shall not be
deemed to be driven on a road within the meaning oI this subsection
while it is being so driven in the course oI the internal operations oI an
estate or plantation.
(4) Any person who drives, or causes or permits any other person
to drive a motor vehicle in contravention oI this section, shall be guilty
oI an oIIence.
(5) Aperson prohibited by this section by reason oI his age Irom
driving a motor vehicle or a motor vehicle oI any class, shall be deemed
tobe disqualiIiedIromholdingor obtaininganydrivinglicence other than
a licence to drive such motor vehicle, iI any, as he is not by this section
Iorbidden to drive.
LAWS OF GUYANA
Cap. 51:02 35
35. (1) It shall not be lawIul Ior any person to drive a motor vehicle
oI any class or description on a road at a speed greater than the speed
speciIied in the Second Schedule as the maximum speed in relation to
a vehicle oI that class or description and iI any person acts in
contravention oI this section he shall be guilty oI an oIIence.
(2) AIirst or second conviction Ior an oIIence under this section
shall not render the oIIender liable to be disqualiIied Irom holding or
obtaining a licence.
(3) A person charged under this section with the oIIence oI
driving a motor vehicle oI any class or description on a road at a speed
greater than the maximumspeed allowed in the case oI a vehicle oI that
class or description, shall not be liable to be convicted oI the oIIence
solely on the evidence oI one witness to the eIIect that in the opinion oI
the witness the person charged was driving the vehicle at such greater
speed.
(4) The Minister may by regulation vary, subject to such
conditions as may be speciIied in the regulation, the provisions oI the
Second Schedule.
(5) II any person is convicted under section 19 oI the Summary
Jurisdiction (OIIences) Act, oI aiding, abetting, counselling or procuring
any person who is employed by him to drive, or is subject to his orders
in driving a motor vehicle on a road to commit an oIIence under this
section, he shall, insteadoI beingliable onbeingsoconvictedtothe same
punishment as the principal oIIender, be liable in the case oI a Iirst
conviction to a Iine oI not less than seven thousand Iive hundred dollars
nor more than IiIteen thousand dollars, and in the case oI a second or
subsequent conviction, to a Iine oI not less than IiIteen thousand dollars
nor more than thirty thousand dollars and to imprisonment Ior a termnot
exceeding six months, and iI any person is convicted oI the oIIence oI
inciting to commit an oIIence under this section, he shall be liable to the
same punishment as iI he had procured the commission oI an oIIence
under this section.
Rate oI speed
| 6 oI 1970
12 oI 1997
16 oI 1998|
.
Second
Schedule
c. 8:02
LAWS OF GUYANA
(6) II a person who employs other persons to drive motor vehicles
on roads publishes or issues any time-table or schedule or gives any
directions, under which any journey or any stage or part oI any journey
is to be completed within some speciIied time and it is not practicable in
the circumstances oI the case Ior that journey or that stage or part oI the
journeyto be completed inthe speciIied time without aninIringement oI
this section, the publication or issue oI the saidtime-table or schedule or
the givingoI the directions maybe produced as primafacie evidence that
the employer, as the case may be, procured or incited the persons
employed by himto drive the vehicles to commit an oIIence under this
section.
Causingdeath
by reckless or
dangerous
drivingoI
motor vehicles.
|26 oI 1961|
16 oI 1998|
c. 4:03
Reckless or
dangerous
driving.
|21 oI 1978
12 oI 1997
16 oI 1998|
36. (1) Any person who causes the death oI another person by the
driving oI a motor vehicle on the road recklessly, or at a speed or in a
manner which is dangerous to the public, having regard to all the
circumstances oI the case, including the nature, condition and use oI the
road, and the amount oI traIIic which is actually at the time, or which
might reasonably be expected to be, on the road, shall be guilty oI a
misdemeanour and onconvictionthereoI onindictment shall be liable to
imprisonment Ior ten years.
(2) Section 21 oI the Coroners Act shall apply to an oIIence
against this section as it applies to manslaughter.
(3) II upon the trial oI a person Ior an oIIence against this section
the jury are not satisIied that his driving was the cause oI the death but
are satisIied that he is guiltyoI driving as mentioned in subsection (1) oI
this section, it shall be lawIul Ior themtoconvict himoI an oIIence under
section 37 oI this Act whether or not the requirements oI section 46 oI
this Act have been satisIied as respects that oIIence.
37. (1) Everypersonwhodrives a motor vehicle ona roadrecklessly,
or at a speed or in a manner which is dangerous to the public, having
regard to all the circumstances oI the case, including the nature,
condition anduse oI the road, and the amount oI traIIic whichis actually
at the time, or which might reasonably be expected to be, on the road,
shall be liable
(a) onsummaryconvictiontoa Iine oI not less thantwenty-
LAWS OF GUYANA
Cap. 51:02 37
Iive thousand dollars nor more than IiIty thousand dollars or
to imprisonment Ior twelve months, and in the case oI a
second or subsequent conviction to a Iine oI not less than
thirty-Iive thousand dollars nor more than seventy thousand
dollars and to imprisonment Ior twelve months;
(b) onconvictiononindictment toa Iine oI not less thanIiIty
thousand dollars nor more than one hundred thousand dollars
and to imprisonment Ior two years.
(2) The court shall order particulars oI any such conviction to be
endorsed on any licence held by the person convicted.
(3) On a second or subsequent conviction under this section the
convicting court shall exercise the power conIerred by this Act oI
ordering that the oIIender shall be disqualiIied Iromholding or obtaining
a licence unless the court, havingregard to the lapse oI time since the date
oI the previous or last previous convictionor Ior anyother special reason
thinks Iit to order otherwise, but this provision shall not be construed as
aIIecting the right oI the court to exercise the power aIoresaid on a Iirst
conviction.
(4) Where a person is convicted oI aiding, abetting, counselling
or procuring, or incitingthe commissionoI anoIIence under this section,
and it is proved that he was present in the vehicle at the time oI the
commission oI the oIIence, the oIIence oI which he is convictedshall Ior
the purpose oI the provisions oI this Act relatingto disqualiIication Irom
holding or obtaining licences, be deemed to be an oIIence in connection
with the driving oI a motor vehicle.
38. (1) II any person drives a motor vehicle on a road without due
care and attention or without reasonable consideration Ior other persons
using the road he shall be guilty oI an oIIence.
(2) A Iirst conviction Ior an oIIence under this section shall not
render the oIIender liable to be disqualiIied Iromholding or obtaining a
licence.
Careless
driving.
|7 oI 1959|
LAWS OF GUYANA
ProhibitionoI
motor racing
and speed
trails on
highways.
|12 oI 1997
16 oI 1998|
Punishment oI
persons driving
motor vehicles
when under
inIluence oI
drinkor drugs
|12 oI 1997
16 oI 1998|
Ridingon
outsideoI
motor vehicle
|12 oI 1997
16 0I 1998|
39. (1) Any person who promotes or takes part in a race or trial oI
speed between motor vehicles on a road shall be liable on summary
conviction to a Iine oI not less than twenty thousand dollars nor more
than Iorty thousand dollars and to imprisonment Ior six months.
(2) A person convicted oI an oIIence under this section shall,
unless the court Ior special reasons thinks Iit to order otherwise and
without prejudice to the power oI the court to order a longer period oI
disqualiIication, be disqualiIied Ior a period oI twelve months Iromthe
date oI the conviction Iromholding or obtaining a licence.
40. (1) Anypersonwhowhendrivingor attemptingtodrive, or when
in charge oI, a motor vehicle on a road or other public place is under the
inIluence oI drinkor a drugto suchan extent as to be incapable oI having
proper control oI the vehicle, shall be liable on summary conviction to a
Iine oI not less than thirtythousanddollars nor more than sixtythousand
dollars or toimprisonment Ior twelve months, andinthe case oI a second
or subsequent conviction to a Iine oI not less than Iorty thousand dollars
nor more than eighty thousand dollars and to such imprisonment as
aIoresaid.
(2) A person convicted oI an oIIence under this section shall,
unless the court Ior special reasons thinks Iit to order otherwise and
without prejudice to the power oI the court to order a longer period oI
disqualiIication, be disqualiIied Ior a period oI twelve months Iromthe
date oI the conviction Iromholding or obtaining a licence.
41. (1) Adriver oI a motor vehicle shall not permit any person to ride
on the running board, wings or Ienders oI the vehicle or on the outside
oI the vehicle except on a properly constructed seat or on any trailer
drawn thereby.
(2) II any person is carried on any such motor vehicle in
contravention oI the provisions oI this section, the driver oI the vehicle
shall be liable, in the case oI a Iirst conviction, to a Iine oI not less than
Iive thousand dollars nor more than tenthousand dollars, and in the case
oI a second or subsequent conviction to a Iine oI not less than ten
thousand dollars nor more than twenty thousand dollars.
LAWS OF GUYANA
Cap. 51:02 39
42. (1) One trailer only shall be drawn by a motor vehicle on a road
and one person in addition to the driver oI the vehicle shall be carried on
the vehicle Ior the purpose oI attending to the trailer.
(2) II any person causes or permits a trailer to be drawn in
contravention oI this section he shall be guilty oI an oIIence.
43. (1) It shall not be lawIul Ior anypersontodrive or cause or permit
any person employed by himor subject to his orders to drive any motor
bus, motor lorry, motor tractor or any motor vehicle constructed to carry
goods other than the eIIects oI passengers
(a) Ior any continuous period oI more than Iive hours and
one-halI; or
(b) Ior continuous periods amounting in the aggregate to
more than eleven hours in any period oI twenty-Iour hours
commencing two hours aIter midnight; or
(c) so that the driver has not at least ten consecutive hours
Ior rest inanyperiodoI twenty-Iour hours calculated Iromthe
commencement oI any period oI driving:
Provided that it shall be a suIIicient compliance with the provisions
oI paragraph (c) iI the driver has at least nine consecutive hours Ior rest
in any such period oI twenty-Iour hours provided that he has an interval
oI at least twelve consecutive hours Ior rest in the next Iollowing period
oI twenty-Iour hours.
(2) Eor the purposes oI this section
(a) any two or more periods oI time shall be deemed to be
a continuous period unless separated by an interval oI not less
than halI-an-hour in whichthe driver is able to obtain rest and
reIreshment;
(b) any time spent by a driver on other work in connection
with a vehicle or the load carried thereby, includingin the case
oI a motor bus any time spent on a vehicle while on a journey
in any other capacity than as a passenger shall be reckoned
as time spent in driving;
Not more than
one trailer to
be drawn
LimitationoI
time Ior which
drivers iI certain
vehicles may
r e m a i n
continuously
on duty
LAWS OF GUYANA
(c) in the case oI a vehicle which is being used in the course
oI operations oI agriculture or Iorestry a person shall not be
deemed to be driving the vehicle or to be spending time on
work in connection with the vehicle or the load carried
thereby so long as the vehicle is elsewhere than on a road.
(3) II any person acts in contravention oI this section, he shall be
guilty oI an oIIence:
Provided that a person shall not be liable to be convicted under this
section iI he proves to the court that the contravention was due to
unavoidable delay in the completion oI any journey arising out oI
circumstances which he could not reasonably have Ioreseen.
Duty to give
name and
address and to
stop, and
power oI
arrest in
certain cases.
|12 oI 1997
16 oI 1998|
InIormation to
be given as to
identity oI
44. (1) II the driver oI a motor vehicle who is alleged to have
committed an oIIence under the Ioregoing provisions oI this Act or the
regulations as to reckless or dangerous driving or careless driving
reIuses, on being so required by any person having reasonable ground
Ior so requiring, to give his name or address, or gives a Ialse name or
address, he shall be guilty oI an oIIence.
(2) Any member oI the police Iorce may arrest without warrant
the driver oI anymotor vehicle who within his viewcommits anyoIIence
contrary to the provisions oI this Act as to reckless or dangerous driving
or careless driving, unless the driver either gives his name and address
or produces his licence Ior examination.
(3) Any person driving a motor vehicle on a road shall stop the
vehicle on being so required by any member oI the police Iorce in
uniIorm, andiI he Iails so to do shall be liable, onsummaryconvictionto
a Iine oI not less than seventhousandIive hundreddollars nor more than
IiIteenthousanddollars.
45. Where the driver oI a vehicle is alleged to be guilty oI an oIIence
under this Act
LAWS OF GUYANA
Cap. 51:02 41
(a) the owner oI the vehicle shall give such inIormation as he may be
required by or on behalI oI the Commissioner oI Police to give as to
the identity oI the driver, and, iI he Iails to do so, shall be guilty oI an
oIIence unless he shows to the satisIaction oI the court that he did not
knowand could not with reasonable diligence have ascertained who
the driver was; and
(b) any other person shall, iI required as aIoresaid, give any inIorma-
tion which it is in his power to give and which may lead to the identiIi-
cation oI the driver, and, iI he Iails to do so, he shall be guilty oI an
oIIence.
PART VIA
SEAT BELTS
45A. (1) Every seat belt assembly shall be oI a type
the design oI which shall be any oI the Iollowing-
(a) a lap belt which is a seat belt assem-
bly that is anchored at two points
and passes across the Iront oI the
wearer`s pelvic region Irom one side
oI the hip to the other side;
(b) a diagonal belt which is a seat belt
assembly, that is anchored at two
points and passes diagonally across
the Iront oI the chest Irom the hip to
the opposite shoulder;
(c) a three point belt which is a seat belt
assembly, that is anchored at three
points and passes across the Iront oI
the wearer`s pelvic region and
crosses the Iront oI the chest Irom
the hip to the opposite shoulder;
(d) any other seat belt assembly that is
duly certiIied by the Guyana Na-
tional Bureau oI Standards and
approved by the Minister by notice
in the Gazette and published in at
least in one daily newspaper.
identity oI
drivers oI
motor vehicles
Seat Belt
assembly
|4 oI 2002|
LAWS OF GUYANA
(2) The seat belt assemblies mentioned in
subsection (1) shall be oI such shape, quality,
construction, installationandassemblyas
may be duly certiIied by the Guyana Na-
tional Bureau oI Standards and approved by
the Minister by notice in the Gazette certiIi-
cation and notiIication, a seat belt oI a type
and designed mentioned in subsection (1)
shall satisIythe legal requirements.
Additional
requirements in
respect to seat
belts assem-
blies
Proper
installationand
conIigurationoI
seat belts
All motor
vehicles to be
Iitted with seat
belt assemblies
45B. Every seat belt assembly shall be securely aIIixed to the
anchorage points andshall be designed constructed, installed main-
tained and worn in such a manner that when deployed it will operate
satisIactorily and hereby reduce the risk oI injury to the person
wearing it in the event oI a collision or abrupt vehicle deceleration by
limiting
45C. Every seat belt shall be installed in such a manner that-
(a) the straps are not liable to assume a dangerous conIiguration:
and
(b) when deployed, the risk oI the strap slipping Iromthe
shoulder and the risk oI the straps deteriorating through contact with
rigid parts oI the vehicle or seat structure is reduced to a minimum.
45D(1) Amotor vehicle shall not be driven on a road unless it is
equipped with appropriately Iitted three-point seat belt assemblies or
such other seat belt assemblies or such combination oI seat belt
assemblies reIerred to in section 45A(1) as the case may be and as
may be necessary Ior the Iront seats Ior the driver and every passen-
ger.
(2) A person who drives a motor vehicle on any road in contraven-
tion oI the preceding subsection commits an oIIence and is liable on
summaryconviction-
LAWS OF GUYANA
Cap. 51:02 43
onsummaryconviction-
(a) in the case oI a Iirst oIIence, to a Iine not less than seven
thousand Iive hundred dollars nor more than ten thousand dollars
(b) in the case oI a second oIIence or subsequent oIIence, to a
Iine not less than ten thousand dollars nor more than IiIteen thousand
dollars.
45E. (1) Subject to subsection (2) every person who drives or rides
on the Iront oI a motor vehicle shall wear a seat belt.
(2) Subsection (1) shall not apply to-
(a) a child who wears or is conveyed in a child restraint
Drivers, etc. oI
motor vehicle
to wear seat
belts
system;
(b) any person who holds a valid certiIicate oI exemp-
tion issued by a registered medical practitioner on a Iormapproved by
Minister and stamped by the prescribed authority;
(d) a person riding in a vehicle which is being used Ior
Iire services, police purposes, prison duties, military services or other
government enIorcement services;
(e) a person driving or riding a motor tractor, invalid
carriage, motor cycle or trailer.
(3) A person who drives or rides on the Iront seat oI a motor
vehicle in contravention oI the provisions oI this section commits an
oIIence and is liable on summary conviction-
(a) in the case oI a Iirst oIIence, to a Iine not less than
seven thousand Iive hundred dollars nor more than ten thousand
dollars.
(b) in the case oI a second or subsequent oIIence, to a Iine
not less than ten thousand dollars nor more than IiIteen thousand
dollars.
(4)Notwithstanding anything in the PART a person who, rides a
motor vehicle on any seat Iitted with a seat belt without Iastening the
seat belt shall be guilty oI an oIIence and shall on summary conviction
be liable to a Iine oI seven thousand Iive hundred dollars.
LAWS OF GUYANA
Childinmotor
vehicle to wear
childrestraint
system
Restrictionon
prosecutions
under certain
sections.
45E. (1) Every driver oI a motor vehicle which conveys a child shall
cause such child to wear or be conveyed in an appropriate child
restraint system.
(2) Adriver who contravenes subsection (1) commits an oIIence
and is liable on summary conviction to a Iine not exceeding ten
thousanddollars.
46. Where a person is prosecuted Ior an oIIence under any oI the
provisions oI this Act relating respectively to the maximumspeed at
which motor vehicles may be driven, to reckless or dangerous driving,
and to careless driving he shall not be convicted unless either -
(a) he was warned at the time oI the oIIence was committed
that the question oI prosecuting him Ior an oIIence under one or
other oI the provisions aIoresaid would be taken into consideration;
or
(b) within Iourteen days oI the oIIence a summons Ior the
oIIence was served on him; or
(c) within the said Iourteen days a notice oI the intended pros-
ecution speciIying the nature oI the alleged oIIence and the time and
place where it is alleged to have been committed was served on or
sent by registered post to him or the owner oI the vehicle at the time
oI the commission oI the oIIence:
Provided that-
(i) Iailure to comply with this requirement shall not be a bar to the
conviction oI the accused in any case where the court is satisIied that-
(A) neither the name and address oI the accused nor the name and
address oI the owner oI the vehicle could with reasonable
diligence have been ascertained in time Ior a summons to be
served or Ior a notice to be served or sent as aIoresaid; or
(B) the accused by his own conduct contributed to the
Iailure; and
LAWS OF GUYANA
Cap. 51:02 45
(ii) the requirement oI this section shall in every case be
deemed to have been complied with unless and until the
contrary is proved.
PART VII
REGULATION OE TRAEEIC AND OTHER MATTERS IN
CONNECTION THEREWITH
Rule oI the
road
Issue by
Commissioner
oI Police oI
directions Ior
guidanceoI
users oI road
|7 oI 1959
26 oI 1961|
47. (1) Every person in any road who drives or propels any vehicle
or is in charge oI any animal when meeting or being overtaken by any
other vehicle or animal as aIoresaid shall keep his own vehicle or animal
on the leIt or near side oI the road, and when overtaking another vehicle
or animal goinginthe same directionshall keephis own vehicle or animal
on the right or oIIside, except in case oI actual necessity or other
suIIicient reason Ior deviation.
(2) Every person who acts in contravention oI the provisions oI
this section shall be guilty oI an oIIence.
48. (1) The Commissioner oI Police shall prepare a code (in this
section reIerred to as the 'highway code) comprising such directions
as appear to him to be proper Ior the guidance oI persons using roads
and may Irom time to time revise the code by revoking, varying,
amending or adding to the provisions thereoI in such manner as he think
Iit.
(2) The highway code and any alterations proposed to be made
in the provisions oI the code on any revision thereoI, shall, as soon as
prepared by the Commissioner oI Police, be laid beIore the National
Assembly, and the code or revised code, as the case may be, shall not be
issued until the code or the proposed alterations have been approved by
resolution oI the Assembly.
LAWS OF GUYANA
(3) Subject to the Ioregoing provisions oI this section, the
Commissioner oI Police shall cause the code and every revised edition
oI the code to be printed and issued to the public at such price, iI any, as
the Minister may determine.
(4) A Iailure on the part oI any person to observe any provision
oI the highwaycode shall not oI itselI render that personliable tocriminal
proceedings oI any kind, but any such Iailure may in any proceedings
(whether civil or criminal, and including proceedings Ior an oIIence
under this Act) be relied upon by any party to the proceedings as tending
to establish or to negative any liability which is in question in those
proceedings.
49. (1) The Commissioner oI Police may, with the approval oI the
Minister, make orders Ior any oI the Iollowing purposes
(a) the speciIication oI the routes to be Iollowed bymotor or
other vehicles;
(b) the prohibitionor restriction oI the use oI speciIiedroads
by motor or other vehicles oI any speciIied class or
description, generally or duringparticular hours;
(c) the prohibition oI the drivingoI vehicles onanyspeciIied
road otherwise than in a speciIied direction;
(d) otherwise in relation to the regulation oI traIIic.
(2) The Commissioner oI Police may by order prohibit or restrict
the use oI speciIied roads by motor or other vehicles oI any speciIied
class or description on particular occasions.
50. (1) Subject to this section, iI a road authority is satisIied that
traIIic onanyroad should, byreasonoI works oI repair or reconstruction
being required or being in progress on the road, be restricted or
prohibited, the authority may by order restrict or prohibit the use oI that
road or oI any part thereoI by vehicles or by vehicles oI any particular
class or description to such extent and subject to such conditions or
exceptions as they may consider necessary.
Power to restrict
use oI vehicles
onspeciIied
roads
| 6 oI 1941
26 oI 1961
6 oI 1970
4 oI 1972|
Power oI road
authority
temporarilyto
prohibit or
restrict traIIic
on roads
LAWS OF GUYANA
Cap. 51:02 47
(2) Aroad authority, whenconsideringthe question oI the making
oI an order under this section, shall have regard to the existence oI
alternative routes suitable Ior the traIIic which will be aIIected by the
order.
(3) Any person who uses or permits the use oI a vehicle in
contraventionoI anyrestrictionor prohibitionimposedunder this section
shall be guilty oI an oIIence.
Power to erect
traIIic signs
|4 0I 1972|
Parkingplaces
|26 oI 1961|
51. The Commissioner oI Police maycause or permit tobe placedon
or near any road, a prescribed traIIic sign Ior
(a) providing adequate guidance to users oI the road as to
the directions, restrictions or prohibitions containedinanylaw
Ior the regulation oI traIIic; or
(b) providing Ior such oI the purposes oI section 49 as he
may consider more appropriate to provide Ior by sign under
this section, than to provide Ior by order under section 49;
(c) making such appointments, prescriptions, prohibitions
or restrictions authorised by section 52 as he may consider
more appropriate to provide Ior by sign under this section,
than to provide Ior by order under section 52:
Provided that no sign inconsistent with any order made under
section 49 or 52 shall be placed on or near any road.
52. The Commissioner oI Police may by order
(a) appoint parking places Ior motor and other vehicles or
any speciIied class oI vehicle generally or Ior particular
occasions or during particular hours;
(b) prescribe the manner in which and the conditions under
which such vehicles may park in such places; and
(c) prohibit or restrict the parking oI vehicles in any road or
in any part oI a road generally or on particular occasions or
duringparticular hours.
LAWS OF GUYANA
53. Where any member oI the police Iorce in uniIormis Ior the time
being engaged in the regulation oI traIIic on a road, or where any traIIic
sign beinga sign Ior regulating the movement oI traIIic or indicating the
route to be Iollowed by traIIic, or Ior regulating the parking oI vehicles
has beenlawIully placed onor near anyroadinaccordance with section
51, anypersondrivingor propellinganyvehicle or beingincharge oI any
animal who
(a) neglects or reIuses to stop the vehicle or animal or to
make it proceed in or along any route or keep to a particular
line oI traIIic when directed so to do by any member oI the
police Iorce aIoresaid in the execution oI his duty; or
(b) Iails to conIormto the indication given by the sign, shall
be guilty oI an oIIence.
54. (1) It shall be lawIul Ior any member oI the police Iorce in
uniIorm on the occasion oI any abnormal or extraordinary traIIic on a
roadto give such directions as he may deemnecessary in order torelieve
congestion or prevent obstruction oI such traIIic and with respect to the
parking oI vehicles comprising such traIIic.
(2) II the driver or person in charge oI any vehicle Iails to comply
with any direction given under and in accordance with the preceding
subsection he shall be liable on summary conviction to a Iine oI not less
than two thousand dollars nor more than Iive thousand dollars.
55. (1) II any person otherwise than with lawIul authority or
reasonable cause takes or retains hold oI or gets on to a motor vehicle
or trailer while in motion on any road, Ior the purpose oI being drawn or
carried, he shall be liable, in the case oI a Iirst conviction, to a Iine oI not
less than Iive thousand dollars nor more than ten thousand dollars, and
in the case oI a second or subsequent conviction to a Iine oI not less than
ten thousand dollars nor more than twenty thousand dollars.
(2) II while a motor vehicle is on a road or a parking place any
person otherwise than with lawIul authority or reasonable cause gets on
to the vehicle or tampers with any part oI the vehicle, he shall be guilty
oI an oIIence.
Penalties Ior
neglect oI
traIIic
directions
|4 oI 1972|
Abnormal or
extraordinary
tra
.
IIic
|6 oI 1997
16 oI 1998|
Restrictions on
persons being
towed by
getting on to or
tamperingwith
motor vehicles
|6 oI 1997
16 oI 1998|
LAWS OF GUYANA
Cap. 51:02 49
Restriction on
pillionriding
Restriction on
persons being
towed on
bicycles
|12 oI 1997
16 oI 1998|
Restrictingon
cyclists riding
abreast or
holdingonto
other moving
vehicles
56. (1) It shall not be lawIul Ior more than one person in addition to
the driver to be carried on a road on any two-wheeled motor cycle, nor
shall it be lawIul Ior any such person to be so carried otherwise than
sitting astride the cycle and on a proper seat securely Iixed to the cycle
behind the driver`s seat.
(2) II any person is carried on any such cycle in contravention oI
this section, the driver oI the cycle shall be guilty oI an oIIence.
57. (1) It shall not be lawIul Ior more than one person to be carried
on a road on a bicycle unless it was originallyconstructedIor the carriage
oI more than one person:
Provided that this subsection shall not apply to the carriage oI not
more than one child under the age oI seven years on a bicycle adapted
Ior the purpose.
(2) II any person is carried on a bicycle in contravention, oI the
Ioregoing subsection, each oI the persons carried shall be liable in the
case oI a Iirst conviction to a Iine oI not less Iive thousand dollars nor
more than ten thousand dollars and inthe case oI a second or subsequent
conviction to a Iine oI not less than ten thousand dollars nor more than
twenty thousand dollars.
(3) In this section reIerences to a person carried on a bicycle shall
include reIerence to a person riding a bicycle.
(4) This section shall apply only to such areas or to such roads as
the Minister may, Irom time to time, by order direct.
58. (1) It shall not be lawIul Ior more than two persons to ride abreast
on a road upon motor cycles or bicycles:
Provided that a person shall not be convicted under this section in
respect oI the overtaking oI two persons so riding when there is no other
traIIic on the road at the point oI overtaking.
(2) It shall not be lawIul Ior anypersonwhile ridinga motor cycle
or bicycle on a road
LAWS OF GUYANA
(a) to hold on to any other moving vehicle; or
(b) to ride such cycle or bicycle without at least one hand
being on the handle bars thereoI.
(3) II any person contravenes this section he shall be guilty oI an
oIIence.
59. II any person in charge oI a vehicle, other than a motor vehicle,
uses or causes or permits such vehicle to be used on any road without
due care and attention or without reasonable consideration Ior other
persons using the road he shall be liable on summary conviction, in the
case oI a Iirst conviction, to a Iine oI not less than ten thousand dollars
nor more than twenty thousand dollars and, in the case oI a second or
subsequent conviction, to a Iine oI not less than IiIteenthousand dollars
nor more than thirty thousand dollars.
60. II any person in charge oI a vehicle causes or permits the vehicle
or anytrailer drawntherebyto remainat rest onanyroadin suchposition
or in such condition or in such circumstances as to be likely to cause
danger or obstruction to other persons using the road, he shall be guilty
oI an oIIence.
61. (1) It shall be the duty oI the owner, driver or other person in
control or in charge oI any vehicle
(a) when the vehicle has broken down on a road in such
circumstances that the deIects cannot be remedied within a
reasonable time or the presence oI the vehicle is likely
unnecessarily to obstruct or to cause danger to other persons
using the road; or
(b) when required to do so by a member oI the police Iorce
on the ground that the vehicle has been permitted to remain
at rest on a road in contravention oI any statutory prohibition
or restriction or in such a position or in such condition or in
such circumstances as to be likely to cause danger to other
persons using the road,
Usingvehicles
on road
carelessly
|52 oI 1952
12oI 1997
16 oI 1998|
Leavingvehicles
indangerous
positions
Removal oI
vehicles |7 oI
1959
26 oI 1961|
LAWS OF GUYANA
Cap. 51:02 51
to remove or take all reasonable steps to secure the removal oI such
vehicle as soon as practicable.
(2) It shall be the duty oI any member oI the police Iorce to take
all reasonable steps to remove or to employ some other person to
remove, and where necessary to provide Ior the saIe custody oI, any
vehicle iI he has reason to believe
c. 7:01
(a) that the owner or the driver or other person in control or
in charge thereoI has Iailed to take all reasonable steps to
remove it or cause it to be removed in accordance with
subsection (1); or
(b) that the vehicle has been abandoned; or
(c) that the owner or the driver or other person in control or
in charge thereoI cannot be Iound and the vehicle has been
permitted to remain at rest on a road in contravention oI any
statutoryprovisionor restrictionor insucha positionor insuch
a condition or in such circumstances as to be likely to cause
danger to other persons using the road.
(3) When any member oI the police Iorce removes or provides
Ior the saIe custody oI any vehicle or employs any other person to
remove it or provide Ior its saIe custody in accordance with subsection
(2) except upon prooI oI Iailure to exercise reasonable care neither the
member oI the police Iorce nor any such other person shall be liable to
anyaction or demand whatsoever Ior the recoveryoI anyalleged damage
to such vehicle or otherwise in respect oI the removal thereoI.
(4) Eor the purpose oI this section the word 'vehicle shall
include any load carried thereby.
(5) II any person Iails to comply with any oI the provisions oI
subsection (1) he shall be guilty oI an oIIence.
(6) Expenses incurred in the execution oI duties imposed by
subsection (2) may be recovered and enIorced in a summary manner
beIore a magistrate under the Summary Jurisdiction (Petty Debt) Act
LAWS OF GUYANA
by or on behalI oI the Commissioner oI Police as a civil debt Irom the
owner or the driver or other person in control or in charge oI the vehicle
whatever may be the amount oI such expenses.
62. II any person wilIully loiters or remains on any roadway in such
a manner or in such circumstances as to be likely to cause danger or
obstruction to persons driving or propelling vehicles on the road he shall
be liable on summaryconviction to a Iine oI not less than seven thousand
Iive hundred dollars nor more than IiIteen thousand dollars.
63. (1) II in any case owing to the presence oI a motor vehicle on a
road an accident occurs resulting in injury or death to any person, other
than the driver oI such vehicle, or damage to property, or injury to any
animal under control, the driver oI any such vehicle shall
(a) immediatelystophis vehicle at the scene oI the accident;
(b) give his name, address andthe registrationnumber oI his
vehicle and exhibit his driver`s licence to
(i) any person injured as a result oI the accident iI it is
practicable to do so;
(ii) the driver or other occupant oI any vehicle collided
with; and
(iii) any person who was otherwise present on the scene oI
the accident and having reasonable grounds Ior requiringthe
driver oI the vehicle to give the aIoresaid inIormation; and
(c) render assistance to any person injured in the accident,
including the carrying oI such person to a duly registered
medical practitioner Ior medical treatment iI it is apparent that
such treatment is necessary or is requested by the injured
person.
(2) In the case oI any such accident as aIoresaid iI injury is
caused to any person or iI the driver oI the motor vehicle Ior any reason
does not give his name and address to any such person as aIoresaid, he
shall report the accident at a police station or to a police constable as soon
as reasonably practicable, and in any case within twenty-Iour hours oI
the occurrence thereoI.
Pedestrians, etc.,
causing
obstruction.
|12 oI 1997
16 oI 1998
Duty to stop in
case oI accident.
|10 oI 1975|
LAWS OF GUYANA
Cap. 51:02 53
(3) In this section the expression 'animal means any horse,
cattle, ass, mule, sheep, goat or dog.
(4) II anypersonIails tocomplywiththis sectionheshall be guilty
oI an oIIence.
RegistrationoI
certain premises
and reports oI
damage to motor
vehicles.
|10 oI 1975|
c. 28:01
64. (1) No premises shall be habitually used Ior the purpose oI
(a) oIIering or exposing Ior sale used motor vehicles; or
(b) eIIecting thereat repairs to motor vehicles, not being the
property oI the owner or the occupier oI the premises,
unless such premises have been registered in accordance with this
section.
(2) An application Ior the registration oI premises Ior the
purposes oI subsection (1) shall be made bythe owner or occupier oI the
premises in such Iorm and manner, and subject to the payment oI such
Iee, as may be prescribed.
(3) Any person who oIIers or exposes Ior sale used motor
vehicles, or eIIects any repairs or permits such repairs to be eIIected to
motor vehicles on premises not registered in accordance with this
section shall be guilty oI an oIIence.
(4) Where any motor vehicle which shows damage consistent
withthe vehicle havingbeeninvolvedinan accident or struckbya bullet
is brought to any premises to which subsection (1) applies Ior the
purpose oI eIIecting repairs to such damage, the occupier oI the
premises shall, within twenty-Iour hours aIter such motor vehicle is
received at the premises and prior to eIIecting such repairs, make a
report
(a) iI such premises are situated in the City oI Georgetown
or the Town oI New Amsterdam or any other town
constituted under the Municipal and District Councils Act, to
the police headquarters oI the respective division; or
(b) iI situatedelsewhere thanas mentionedat paragraph(a),
LAWS OF GUYANA
to the nearest police station,
giving the make, serial or engine number, registration number, and the
name and address oI the owner or driver oI the motor vehicle and oI the
person who deposited it at the premises except that it shall not be
necessary Ior a report to be made under this section
(i) iI the owner oI the motor vehicle is also the occupier oI
the premises andthe owner has made a report under section
63; and
(ii) iI when the motor vehicle is leIt in the custody oI the
occupier oI the premises a certiIicate as that mentioned in
subsection (8) and relating to such vehicle is obtained, and
kept, by him.
(5) The occupier oI the premises to which motor vehicles are
brought to be repaired or at which used motor vehicles are exposed Ior
sale shall keep on the premises
(a) exhibited thereon in a conspicuous place the prescribed
certiIicate indicating that the premises have been registered
in accordance with this section;
(b) a book in which shall be entered by himsuch particulars
relating to the motor vehicles repaired or oIIered Ior sale, as
may be prescribed, and the particulars oI any certiIicate as is
reIerred to in subsection (6).
(6) Everyone who makes a request oI an occupier oI the
premises as is reIerred to in subsection (5), in circumstances that
required the occupier to comply with that subsection shall at the time oI
making such request do all such things and give such particulars as are
necessary to the occupier as would enable him to eIIect such
compliance, including the surrender to such occupier oI any certiIicate
mentioned in subsection (8).
(7) Any person who
LAWS OF GUYANA
Cap. 51:02 55
(a) Iails to make a report as is required by this section;
(b) Iails to supply any particulars which he is required to
supply in accordance with this section or oI any regulations;
(c) knowingly supplies anysuch particulars whichare Ialse
in any material respect; or
(d) Iails to produce Ior inspection by a police constable,
when requested by him, the book or the prescribed certiIicate
mentioned in subsection (5),
is guilty oI an oIIence.
(8) Upon completion oI his enquiries at the scene oI an accident
at which a motor vehicle to which subsection (4) applies is present, the
police constable shall issue to the owner or driver oI that vehicle a
certiIicate in such Iorm and containing such particulars as may be
prescribed Ior the purpose oI evidencing the Iact that the damage to that
vehicle has been the subject matter oI police enquiries.
(9) In this section, the reIerence to the occupier oI the premises
is a reIerence to the person carrying on the business, the nature oI which
involves the doing oI the act mentioned at subsection (1)(a) or (b).
PART VIII
ROAD SERVICE, HIRE CAR AND GOODS
TRANSPORTATION LICENCES
Road service
licences.
|21 oI 1946|
65. (1) No person shall operate a motor vehicle as a motor bus in any
area or route in the county oI Demerara, including the City oI
Georgetown, or in any area or route which may thereaIter be deIined in
any order made by the Minister unless he is the holder oI a road service
licence.
(2) Every person who applies Ior a road service licence shall
submit with his application to the Prescribed Authority
(a) particulars oI the type or types oI vehicle to be used; and
(b) the route to be Iollowed by the vehicle in proceeding
Irom one terminus to the other; and
(c) in the case oI regular services, the time-tables and Iare-
LAWS OF GUYANA
tables oI the services whichit is proposedtoprovide under the
licence; and
(d) in any case, such particulars as to the Irequency oI the
services and the times to be taken on the journeys included in
those services, as the Prescribed Authority may require.
66. (1) In exercising its discretion to grant or to reIuse a road service
licence in respect oI any routes and its discretion to attach conditions to
a road service licence the Prescribed Authority shall have regard to the
Iollowingmatters
(a) the suitability oI the routes on which a service may be
provided under the licence;
(b) the extent, iI any, to which the needs oI the proposed
routes or any oI them are already adequately served;
(c) the extent to which the proposed service is necessary or
desirable in the public interest;
(d) the needs oI the area as a whole in relation to traIIic
(including the provision oI adequate, suitable and eIIicient
services, the elimination oI unnecessary services and the
provision oI unremunerative services), and the co-ordination
oI all Iorms oI passenger transport, includingtransport byrail,
and take into consideration any representations which may be made by
persons who are alreadyprovidingtransport Iacilities alongor near to the
routes or any part thereoI or by any local authority in whose area any
oI the routes or any part oI any oI the routes is situate:
Providedthat nothinginthis subsectionshall operate toprejudice the
grant oI a Iirst licence Ior a period not exceeding twelve months to any
person who applies thereIor and who proves to the satisIaction oI the
Prescribed Authoritythat he hadbeenlawIullyoperatinga motor bus Ior
a period oI not less than six months immediately prior to the date oI the
commencement oI this Act.
Considerations
beIore grant or
reIusal oI road
service licence.
LAWS OF GUYANA
Cap. 51:02 57
(2) Subject to this section and to any regulations, the Prescribed
Authority shall speciIy by endorsement on the licence the routes on
which the motor bus may ply or stand Ior hire and may attach to a road
service licence such conditions as it may think Iit with respect to the
matters to which it is required to have regard under the preceding
subsection, and in particular Ior securing that
(a) Iares shall not be unreasonable;
(b) where desirable in the public interest, the Iares shall be
so Iixed as to prevent wasteIul competition with alternative
Iorms oI transport, iI any, along the route or any part thereoI,
or in proximity thereto;
(c) copies oI the time-table and Iare-table shall be carried
andbe available Ior inspectioninvehicles usedonthe service;
(d) passengers shall not be taken up or shall not be set down
except at speciIied points or shall not be taken up or shall not
be set down between speciIied points;
and generally Ior securing the saIety and convenience oI the public; and
the Prescribed Authority may Iromtime to time vary in such manner as
it thinks Iit the conditions attached to a road service licence.
(3) II any person uses a motor bus or causes or permits it to be
used in contravention oI section 65 or wilIully or negligently Iails to
comply with any oI the conditions attached to a road service licence, he
Power to revoke
licences Ior non-
compliance with
conditions.
|21 oI 1946|
67. (1) A road service licence may be revoked by the Prescribed
Authority on the ground that any condition subject to which the licence
was granted has not been complied with:
Provided that the Prescribed Authority shall not revoke such a
licence unless, owing to the Irequency oI the breach oI conditions on the
part oI the licensee, or to the breach having been committed wilIully, or
to the danger to the public involved in the breach, the Prescribed
Authority is satisIied that the licence should be revoked.
(2) The power to revoke a road service licence under this section
shall include a power to suspend a road service licence Ior such period
oI its duration as the Prescribed Authority may think Iit.
LAWS OF GUYANA
68. Aroad service licence shall, unless previously revoked, continue
in Iorce Ior such period, not exceeding two years, as may be stated in
the licence.
69. Any person whose application Ior the grant oI a road service
licence is reIused or whose road service licence has been revoked or
suspended may appeal to the President against the decision oI the
Prescribed Authority and the President shall, aIter considering the
matter, make such order as to him may seem just. The decision oI the
President shall be Iinal.
70. (1) Notwithstanding any oI the provisions oI this Act to the
contrary, the Prescribed Authority may issue a special licence with
respect to any hire car permitting such hire car to
(a) ply Ior hire at separate Iares stage by stage, and to stop
to pick up or set down passengers along the line oI route; or
(b) to operate a Ieeder service.
(2) In this section 'to operate a Ieeder service means to convey
passengers Ior reward Irom any steamer, railway or aircraIt terminus
to their respective destinations at separate Iares.
71. (1) In exercisingits discretionto grant or toreIuse a licence under
the last preceding section, the Prescribed Authority shall have regard to
the Iollowingmatters:
(a) the suitability oI the routes on which such a service is
proposed to be run;
(b) the extent to which the proposed service is necessary or
desirable in the public interest;
(c) the needs oI the area as a whole, in relation to traIIic:
Provided that no such licence shall be granted in respect oI any area
in respect oI which an exclusive licence has been granted to any person
or body oI persons to operate a road service as hereinaIter provided, or
where in the opinion oI the Prescribed Authority the needs oI the area
are suIIiciently served by the holders oI road service licences.
DurationoI
licences.
Appeal.
|21 oI 1946|
Power oI
Prescribed
Authorityto
license hire cars
to operate by
stages at
separate Iares
and to operate
Ieeder services.
|28 oI 1948|
Considerations
beIore grant or
reIusal oI special
licence.
|28 oI 1948|
LAWS OF GUYANA
Cap. 51:02 59
(2) Subject to this section, the Prescribed Authority shall speciIy
by endorsement on the special licence any conditions he may think Iit
subject to which the hire car may be operated.
(3) Any special licence granted under the last preceding section
shall remain in Iorce Ior a period not exceeding two years as may be
stated inthe licence, unless previously revoked as hereinaIter provided.
(4) Any person who operates, or permits to be operated any hire
car in a manner or Ior any oI the purposes speciIied in the preceding
section otherwise than in accordance with the conditions endorsed on a
special licence issued with respect to the hire car shall be guilty oI an
oIIence.
RevocationoI
special licence.
|28 oI 1948|
Appeal.
|28 oI 1948|
Power to Iix
minimumor
maximumIares.
72. A special licence may be revoked by the Prescribed Authority
where any condition endorsed on such licence has not been complied
with.
73. Any person whose special licence has been revoked may appeal
to the President against the decision oI the Prescribed Authority and the
President shall aIter consideration oI the matter, make such order as to
him may seem just. The decision oI the President shall be Iinal.
74. (1) The Minister may, iI he deems it necessary or desirable in the
public interest so to do, Iix the minimumor maximumIares that may be
charged by any person operating a motor bus in any area or route to
which section 65(1) applies or alonganyspeciIied part oI a route within
that area and shall cause notice thereoI to be sent to the Prescribed
Authority.
(2) Uponthe receipt oI suchnotice the Prescribed Authorityshall
by notice in writing call upon every holder oI a road service licence
operatinga motor bus in that area or route toproduce his licence andshall
endorse thereon the minimumor maximumIares so Iixed and thereupon
such endorsement shall become a condition oI the licence.
LAWS OF GUYANA
(3) II upon the receipt oI such notice the holder oI any such
licence Iails within the time speciIied in the notice to produce his licence,
the licence shall become void.
75. Alocal Government authority, with the approval oI the Minister,
may make orders Ior determining the roads maintained and managed by
it which may or may not be used by motor buses or motor lorries in the
area or in any part oI the area oI the authority.
76. The Commissioner oI Police may make orders Ior Iixing stands
Ior motor buses and as to the places at which such vehicles may stop Ior
a longer time than is necessary Ior the taking up and setting down oI
passengers and as to the manner oI using such stands and places, and
as to the places or parts oI roads at which such vehicles may stop Ior
the taking up and setting down oI passengers.
77. It shall be lawIul Ior the Prescribed Authority, on representations
made to it in that behalI by the Georgetown City Council by order to
declare that on andaIter a date to be speciIied in the order, a road service
licence shall not be granted by it to operate any motor bus in the City oI
Georgetown unless the motor bus is oI a special type and conIorms to
such special particulars (in addition to the requirements oI this Act) as
may be speciIied in the order.
78. (1) Notwithstanding anything contained in this Part, it shall be
lawIul Ior the Minister to grant to any person or to any body oI persons
an exclusive licence to operate a road service in any area or route to
which section 65 (1) applies upon such terms and conditions as may be
speciIied in the licence and subject to this Act.
(2) Any such licence shall commence to operate on a day to be
speciIied therein and aIter the day so speciIied it shall be unlawIul Ior
any person not authorised by virtue oI the licence to operate a motor bus
in any part oI the said area, or route Ior the purpose oI carrying
passengers Ior reward:
Power oI local
authorities with
respect to use
oI roads by
motor buses.
Power to Iix
stands and
stoppingplaces
Ior motor
buses.
|26 oI 1961|
Special
provisionIor
cityoI
Georgetown.
Exclusive
licence.
|6 oI 1997
16 oI 1998|
LAWS OF GUYANA
Cap. 51:02 61
Provided that any motor bus operating outside the said area or route
may traverse any part oI the said area or route which may be prescribed
solely Ior the purpose oI setting down or taking up passengers at
prescribed points who are brought Iromoutside or who are to be carried
outside the said area or route.
(3) II any person contravenes the provisions oI the last preceding
subsectionhe shall be guiltyoI an oIIence andshall be liable onsummary
conviction to a Iine oI not less than twenty thousand dollars nor more
than Iorty thousand dollars.
Conductors`
licences.
|7 oI 1959
79. (1) Aperson shall not act as a conductor oI a motor bus on a road
unless he pays the prescribed Iee and obtains a licence Ior the purpose
Irom a licensing oIIicer and a person shall not employ any person who
is not so licensed to act as conductor oI a motor bus on a road.
(2) Aperson shall be disqualiIied Iromobtaining a licence to act
as conductor oI a motor bus unless he is over the age oI eighteen and
IulIils such other conditions as may be prescribed.
(3) Alicence to act as conductor oI a motor bus may at any time
be suspended or revoked by the Licensing Authority upon the ground
that, byreason oI his conduct or physical disability, the holder is not a Iit
person to hold such a licence.
(4) Alicence to act as conductor shall, unless previouslyrevoked,
continue in Iorce Ior a period oI twelve months.
(5) II a person acts in contravention oI this section he shall be
guilty oI an oIIence.
(6) The Licensing Authority shall keep a register oI all
conductors` licences issued in which shall be entered the name and
address oI the holder, the date oI issue oI the licence and a record oI any
convictions against the holder oI the licence.
LAWS OF GUYANA
80. (1) It shall be lawIul Ior the Prescribed Authority Irom time to
time to license motor cars to operate as hire cars in Guyana subject to
such conditions as he may deem necessary, having regard to the co-
ordination oI traIIic, the interests oI existing bus services and the needs
oI the public.
(2) BeIore any such licence to operate a hire car is granted the
owner thereoI shall make a requisition thereIor to the Prescribed
Authorityinthe prescribedIormandthe requisitionshall be signedbythe
owner oI the hire car in respect oI which such licence is applied Ior.
(3) Every such licence shall remain in Iorce Ior one year Iromthe
date thereoI and there shall be speciIied therein such particulars as may
be prescribed.
(4) II the owner oI a hire car uses it or permits it to be used
(a) without havingIirst obtaineda licence under this section;
or
(b) aIter the revocation or during the suspension oI such a
licence; or
(c) otherwise than in accordance with any conditions
subject to which a licence has been issued under this section,
(5) Any person who drives or operates a hire car otherwise than
in accordance with any conditions subject to which a licence has been
issued under this section shall be guilty oI an oIIence.
81. (1) Eor the purpose oI driving a hire car licensed under this Part,
the Prescribed Authority may, subject to such conditions as may be
prescribed, grant to anyIit and proper person a licence todrive a hire car
iI such person is the holder oI a driver`s licence under Part V.
(2) No person shall act as the driver oI a hire car without Iirst
obtaining Iromthe Prescribed Authority a licence to drive a hire car and
every such licence shall remain in Iorce until the birthday oI the licence
holder in the third year Iollowing the year oI issue, unless it is revoked
or suspended under this Act.
(3) II any person acts as the driver oI a hire car
LicensingoI
motor cars as
hire cars.
|21 oI 1946
28 oI 1948
7 oI 1959|
Licensing
competent
drivers to drive
hire cars.
|21 oI 1946
7 oI 1959
32 oI 1970
3 oI 1988|
LAWS OF GUYANA
Cap. 51:02 63
(a) without having Iirst obtained such a licence; or
(b) aIter the revocation or during the suspension oI his
licence,
(4) II any person licensed to drive a hire car under this section
lends or parts with his licence he shall be guilty oI an oIIence.
(5) Subject to the provisions oI the next succeeding section iI the
owner oI a hire car permits it tobe usedbyanypersonwhois not licensed
to drive a hire car under this section he shall be guilty oI an oIIence.
Conditions
under which a
hire car may be
driven bya
personnot
licensedto
drive a hire
car.
|52 oI 1950
12 oI 1997
16 oI 1998|
c.51:03.
82. (1) Anything in the provisions oI the last preceding section to the
contrary notwithstanding, but subject to this section, the owner oI a hire
car may hire such vehicle to any Iit and proper person who is the holder
oI a licence under Part V Ior the purpose oI being used and driven by
such person Ior his private use.
(2) Every person who desires to use and drive a hire car as
contemplated by the preceding subsection shall make application in the
prescribedIormto the licensingoIIicer oI the district inwhichthe vehicle
is licensed Ior a licence in that behalI. Every such application shall be
signed by the applicant and the owner oI the vehicle, and shall be
accompanied by the prescribed Iee.
(3) Upon the application oI any person under the last preceding
subsection the licensing oIIicer iI satisIied that
(a) the applicant is a Iit and proper person to use a hire car
as contemplated by subsection (1);
(b) the applicant has taken out such a policy oI insurance or
such a security in respect oI third party risks as complies with
the requirements oI the Motor Vehicles Insurance (Third
Party Risks) Act;
(c) the applicant is licensed under Part V,
LAWS OF GUYANA
shall issue to the hirer the prescribed licence and the prescribed
identiIication mark upon the payment oI the prescribed Iees.
(4) Any person who
(a) being the owner oI a hire car, permits any other person
to hire and drive such vehicle in the manner contemplated by
subsection(1) without havingobtained the prescribed licence;
or
(b) drives any hire car in the manner contemplated by
subsection (1) without having obtained a licence under the
provisions oI subsections (2) and (3); or
(c) Iails to return to the licensing oIIicer the identiIication
mark issued to himat the completion oI the termin respect oI
which a licence has been issued to himunder subsection (3),
shall be liable on summary conviction to a Iine oI not less than IiIteen
thousand dollars nor more thanthirtythousand dollars, and inthe case oI
an oIIence under paragraph (a) oI this subsection, the Licensing
Authority may suspend or revoke the licence oI the owner to operate
such vehicle as a hire car.
83. (1) No owner oI a hire car shall employ any person as the driver
thereoI unless suchpersonIirst produces tohimhis licence under section
81todrive a hire car, andeveryowner whocontravenes this sectionshall
be guilty oI an oIIence.
(2) In all cases oI complaint against the driver oI a hire car to
whoma licence has been granted under section 81 the court shall, iI the
driver is adjudged guilty or pleads guilty oI the oIIence alleged against
him, order him to produce his licence as aIoresaid, within the time
speciIied by the court and iI no time is speciIied within seven days, Ior
endorsement, and the court shall make an endorsement upon the licence
oI such driver, stating the nature oI the oIIence and the particulars oI the
conviction thereIor.
(3) Every driver oI a hire car who neglects or reIuses to produce
a licence as required by subsection (2) shall be guilty oI an oIIence.
Employment oI
driver oI hire
car.
|21 oI 1946|
LAWS OF GUYANA
Cap. 51:02 65
Power to
suspendor
revoke a licence
to use, or to
drive, a hire car
|21 oI 1946|
Appeal Irom
Prescribed
Authority.
|21 oI 1946
26 oI 1950|
Obligationto
carryall
persons.
|21 oI 1946|
84. The Prescribed Authority may, upon the conviction Ior the
second time oI an owner or a driver oI any hire car Ior any oIIence in
connection withthe operation or the drivingoI a hire car or Ior anyother
suIIicient cause suspend or revoke, as he may deem right, the licence
oI such owner under section 80 to operate hire cars or the licence oI such
driver under section 81 to drive a hire car, as the case may be.
85. (1) EveryreIusal bythe Prescribed Authorityto grant a licence to
operate a hire car or to drive a hire car, and every suspension or
revocation oI such a licence shall be subject to an appeal to the
magistrate oI the magisterial district in which the applicant Ior the
licence or the person whose licence is revoked or suspended resides and
the grounds and the Iorm oI the appeal shall be prescribed.
(2) The decision oI the magistrate on every such appeal shall be
subject to appeal to the Eull Court oI the High Court.
86. (1) Except as otherwise provided in this section, no driver or
conductor shall reIuse or neglect, without reasonable cause, to carry in
any motor bus or hire car licensed under this Part any person who oIIers
himselI as a passenger, and any driver or conductor who so reIuses or
neglects shall be guilty oI an oIIence.
(2) No driver or conductor shall carry as a passenger any person
who is
(a) under the inIluence oI liquor to such a degree that he may
become a nuisance to other persons in the motor bus or hire
car; or
(b) to his knowledge suIIering Irom any inIectious,
contagious or other communicable disease; or
(c) not decently clad; or
(d) in such other state or condition that he may become a
nuisance to other persons in the motor bus or hire car,
and any driver or conductor who carries any such person as a passenger
LAWS OF GUYANA
(3) Where the motor bus or hire car licensed under this Part has
a conductor, the obligation oI the driver or conductor under this section
shall rest wholly on such conductor.
87. (1) No person shall use a goods vehicle on a road in any area oI
Guyana Ior the carriage oI goods
(a) Ior hire or reward; or
(b) Ior or in connection with any trade or business carried
onbyhim,
except under a goods transportation licence.
(2) Where a goods vehicle is being used on a road Ior the carriage
oI goods, the driver oI the vehicle, iI it belongs to him or is in his
possession, under an agreement Ior hire, hire-purchase or loan, and in
any other case the person whose agent or servant the driver is, shall, Ior
the purposes oI this Part be deemed to be the person by whom the
vehicle is being used.
(3) Where at anytime goods are carried in a goods vehicle, being
a vehicle which has been let on hire by the person who at the time oI the
carriage oI the goods is within the meaning oI this Part the user oI the
vehicle, the goods shall be deemed to be carried by that person Ior hire
or reward.
(4) Eor the purposes oI this Part
(a) the delivery or collection by a person oI goods sold, used
or let on hire or hire-purchase in the course oI a trade or
business carried on by him; or
(b) the delivery or collection by a person oI goods which
have been, or are to be, subjected to a process or treatment
in the course oI a trade or business carried on by him; or
(c) the carriage oI goods in a vehicle by a manuIacturer,
agent, or dealer, whilst the vehicle is being used by him Ior
demonstrationpurposes,
shall not be deemed to constitute a carrying oI the goods Ior hire or
reward.
LicensingoI
goods vehicles.
|21 oI 1946
34 oI 1969|
LAWS OF GUYANA
Cap. 51:02 67
(5) Every goods transportation licence shall be issued in Iavour
oI a person or body oI persons, and shall speciIy the number oI goods
vehicles under subsection (1) (a) or (b) to which the licence relates.
(6) This section shall not apply
(a) to the use oI a vehicle Ior the purposes oI Iunerals; or
(b) to the use oI a vehicle Ior towing a disabled motor
vehicle, or Ior removing goods Irom a disabled vehicle to a
place oI saIety; or
(c) to the use oI a vehicle Ior any purpose prescribed or the
use Ior any purpose oI a vehicle oI any class or description so
prescribed.
(7) II any person uses a goods vehicle in contravention oI this
section, he shall be guilty oI an oIIence.
Powers oI
Prescribed
Authority.
|21 oI 1946
34 oI 1969|
Procedure on
applications Ior
licences.
|34 oI 1969|
88. The Prescribed Authority under this Part shall have power and
be charged with the duty oI granting goods transportation licences in
respect oI goods vehicles used Ior the purposes reIerred to in section 87
(1).
89. Aperson applyingIor a goods transportationlicence shall submit
to the Prescribed Authority a statement in the prescribed Iorm
(a) containing, as respects motor vehicles proposed to be
used under the licence which belong to the applicant or are in
his possession under a hire-purchase agreement or which, iI
the application is granted, he intends to acquire or to obtain
possession oI under such an agreement, such particulars as
may be prescribed, so, however, that the particulars shall not
require vehicles subject to hire-purchase agreements to be
distinguished Iromvehicles belonging tothe applicant, and
(b) setting out the number and type oI hired motor vehicles
LAWS OF GUYANA
and oI trailers proposed to be so used.
90. (1) The Prescribed Authority shall have Iull power in his
discretion either to grant or to reIuse an application Ior a goods
transportation licence.
(2) The Prescribed Authority in exercising his discretion shall
have regard primarily to the interests oI the public generally, including
those oI persons requiring, as well as those oI persons providing,
Iacilities Ior transport.
91. The period Ior which a goods transportation licence may be
granted shall be Ior such period, not exceeding two years, as may be
stated in the licence.
92. Every goods transportation licence shall be granted subject tothe
Iollowingconditions:
(a) the licensed vehicles are maintained in a Iit and
serviceable condition;
(b) in relation to a goods vehicle licensed under the
provisions oI sections 87 to 96 (inclusive), the applicant has
complied with all the provisions oI this Act relating to the
registration oI motor vehicles, identiIication marks, and
certiIicates oI Iitness, licence Iees, licensing oI drivers in
respect oI competence and otherwise;
(c) anyprovisions contained in anywritten lawwithrespect
tolimits oI speedand weight, laden or unladen, andthe loading
oI goods vehicles, are complied with in relation to the licensed
vehicles;
(d) Ireight rates shall not exceed such rates as may be
prescribed, and iI no rates are prescribed, the Ireight rates
shall be reasonable; and
(e) any other prescribed condition shall be observed;
andall these conditions shall be endorsed oneverygoods transportation
licence granted by the Prescribed Authority.
DiscretionoI
Prescribed
Authorityas to
grant or reIusal
oI licences
21 oI 1946
34 oI 1969|
DurationoI
licences
|21 oI 1946
34 oI 1969|
Conditions oI
licences
| 21 oI 1946
34 oI 1969|
LAWS OF GUYANA
Cap. 51:02 69
Penalty Ior non-
compliancewith
conditionsoI
licence
|21 oI 1946|
ApplicationoI
sections 67 and
69
|21 oI 1946
24 oI 1969|
TransIer oI
goods transporta-
tionlicences
|21 oI 1946|
Power to
appoint
Road Transport
Advisory Board.
|26 oI 1961
19 oI 1963
12 oI 1982|
93. (1) Subject to this section, any person who Iails to comply with
any condition oI a goods transportation licence held by him shall be
guilty oI an oIIence.
(2) Notwithstanding that a vehicle is a licensed goods vehicle, the
conditions oI the licence shall not apply while the vehicle is being used
Ior anypurpose Ior whichit might lawIullybe used without the authority
oI a goods transportation licence.
94. In relation to sections 87 to 96 (inclusive) the provisions oI
sections 67 and 69 shall take eIIect as iI Ior the words 'road service
licence therein there were substituted the words 'goods transportation
licence.
95. A goods transportation licence shall not be capable oI being
transIerred or assigned except with the approval oI the Prescribed
Authority.
96. (1) The Prescribed Authority shall appoint a Board to be called
'The Road Transport Advisory Board which shall consist oI
(a) the Licence Revenue OIIicer who shall be the Chairman
oI the Board;
(b) the ChieI Road OIIicer, the General Manager oI the
Transport and Harbours Department and the Commissioner
oI Police, or their duly authorised representatives; and
(c) three other Iit and proper persons appointed by the
PrescribedAuthority.
(2) The Minister shall designate a public oIIicer as Secretary to
the Board.
(3) The Board shall advise the Prescribed Authority on such
matters connected with road service, hire car and goods transportation
licences and other matters relating to this Part, as may be reIerred to the
Board by the Prescribed Authority.
LAWS OF GUYANA
(4) The Board may invite any person to attend at a meeting oI the
Board Ior the purpose oI giving advice or inIormation on any matter
which is being considered by the Board, but such person shall not be
entitled to vote thereat.
(5) The Board may regulate its own procedure in any matter not
otherwise provided Ior by this Act.
97. Eor the avoidance oI doubt, it is hereby declared that this Part
shall apply to motor buses, hire cars and goods vehicles in the City oI
Georgetown and the Town oI New Amsterdam, anything contained in
the Municipal and District Councils Act.
98. The Prescribed AuthorityIor the purposes oI this Part shall be the
Licensing Authority under this Act, and Part I shall, mutatis mutandis,
apply to proceedings and licences under this Part.
PART IX
GENERAL
99. (1) The Iees speciIiedin the Eirst Schedule shall be payable tothe
Licensing Authority in respect oI the several matters to which they are
applicable.
(2) All Iees received by the Licensing Authority shall be paid to
the Accountant General Ior the public use.
(3) Subject to aIIirmative resolution oI the National Assembly,
the Minister may by regulation amend, suspend or revoke any oI the
provisions oI the Eirst Schedule.
100. (1) The Minister may by order Ior the purpose oI giving eIIect to
any convention Ior Iacilitating the international circulation oI motor
vehicles provide
ApplicationoI
Part VIII to
Georgetown
and New
Amsterdam
|21 oI 1946 24
oI 1969|
c. 28:01
Prescribed
AuthorityIor the
purposes oI Part
VIII.
|21 oI 1946|
Eees
Eirst Schedule
Eirst Schedule
International
circulationoI
motor vehicles
LAWS OF GUYANA
Cap. 51:02 71
(a) Ior the grant and authentication oI any travelling passes,
certiIicates or authorities which may be oI use to persons
resident in Guyana when temporarily taking their motor
vehicles abroad, or to drivers when proceeding abroad Ior the
purpose oI driving motor vehicles; and
(b) Ior modiIying the provisions oI this Act and regulations
made thereunder relating to the registration oI motor vehicles,
the licensing oI motor vehicles and the licensing oI motor
vehicle drivers in case oI motor vehicles brought temporarily
into Guyana by persons resident abroad, and intending to
make onlya temporarystayin Guyana, and oI drivers entering
Guyana Ior the purpose oI driving any such vehicles.
(2) Any modiIications oI this Act, or the regulations made
thereunder, made by an order under this section shall have eIIect as iI
they were contained in and Iormed part oI this Act or the regulations.
(3) Any order made under this section may at any time be varied
or revoked by a subsequent order.
Method oI
calculating
weight
Recovery oI
damage to road
or bridge.
101. Eor the purposes oI this Act, the weight unladen oI any motor
vehicle shall be taken to be the weight oI the vehicle inclusive oI the body
and all parts (the heavier being taken where alternative bodies or parts
are used) which are necessary to or ordinarily used with the vehicle
when working on a road, but exclusive oI the weight oI water, Iuel or
accumulators used Ior the purpose oI the supply oI power Ior the
propulsion oI the vehicle, and oI loose tools and loose equipment.
102. (1) II byreason oI anoIIence against this Act anyinjuryis caused
to any road, or bridge, the road authority may cause such injury to be
made good, and may, either beIore or aIter the injury is made good,
recover the estimated or actual cost thereoI Iromthe owner oI the motor
vehicle by the use oI which the oIIence was committed.
(2) AcertiIicate under the hand oI any person duly authorised by
the authorityinthat behalI, oI the amount oI the cost oI making goodsuch
injury, shall, without prooI oI his signature, be prima facie evidence oI
the amount payable by the owner oI the vehicle.
LAWS OF GUYANA
103. The Commissioner oI Police with the approval oI the Minister
may by order declare that Iromand aIter a date to be Iixed by such order
no horn or other warning device shall be sounded during such hours, or
at or within such place or area oI any municipal area as may be speciIied
in the order.
104. (1) Subject to negative resolution oI the National Assembly, the
Minister may make regulations Ior any purpose Ior which regulations
may be made under this Act and Ior prescribing anything which may be
prescribed under this Act, as to the use oI motor and other vehicles and
trailers on roads, their construction and equipment and the conditions
under which they may be used and generally Ior the purpose oI carrying
this Act into eIIect, and in particular, but without prejudice to the
generality oI the Ioregoing provisions, may make regulations with
respect to any oI the Iollowing
(i) the Iorms oI registers to be kept and other Iorms to be
used and the particulars to be Iurnished under this Act;
(ii) applications Ior registration, applications Ior and the
issue oI licences and certiIicates;
(iii) Ior Iacilitating the identiIication oI holders oI licences
and certiIicates;
(iv) Ior the use oI motor vehicles under a dealer`s general
licence and Ior the keeping by the dealer oI records
pertaining to the use oI such vehicles;
(v) the custody, production and cancellation on revocation
or expiration oI licences and certiIicates and the return to
the Commissioner oI Police or Prescribed Authority oI
licences and certiIicates which have become void, or have
been revoked;
(vi) the duties and powers oI certiIying oIIicers in regard
to the inspection oI motor vehicles and trailers;
(vii) the documents, plates and licence holders to be
carried by motor vehicles and the manner in which they are
to be carried;
(viii) the particulars to be marked on motor vehicles and
trailers;
Silent zones
|26 oI 1961
4 oI 1972|
Power to make
regulations.
|21 oI 1946
32 oI 1970
12 oI 1997
16 oI 1998|
LAWS OF GUYANA
Cap. 51:02 73
(ix) the appliances tobe IittedIor signallingthe approachoI
a motor or other vehicle, or enabling the person in charge oI
a vehicle to become aware oI the approach oI another
vehicle Iromthe rear, or Ior intimating any intended change
oI speed or direction oI a vehicle and the use oI any such
appliance, and Ior securing that they shall be eIIicient and
kept in proper working order;
(x) the Iorm oI identiIication marks to be Iixed on motor
vehicles and trailers and the sizes and colour oI the letters
and numbers and the manner oI displaying such marks;
(xi) the number, nature, and use oI brakes on motor and
other vehicles, and Ior securing that brakes and steering
gear shall be eIIicient andkept inproper workingorder, and
Ior empowering persons authorised by or under the
regulations to test and inspect either on a road or, subject to
the consent oI the owner oI the premises on any premises
where the vehicle is, any such brakes or steering gear;
(xii) Ior controllingthe number, position, andkindoI lights
tobe carriedonmotor andother vehicles andtrailers andthe
hours duringwhichtheyare tobe kept alight, andregulating
their use;
(xiii) the conditions under which reIlectors in lieu oI lights
may be used and carried on the rear oI vehicles;
(xiv) the towing oI or drawing oI vehicles by motor
vehicles;
(xv) the overall width, height, andlength oI motor vehicles
and trailers and the load carried thereon, the diameter oI
wheels and the size, nature and condition oI tyres, oI motor
vehicles and trailers, either generally or in relation to any
speciIied roads;
(xvi) Ior limiting the dimensions oI vehicles, other than
motor vehicles, Ior use on roads and Ior controlling the loads
that may be carried thereon;
(xvii) the maximumloadcarried andthe weight unladenoI
any motor or other vehicle or trailer and the maximum
weight to be transmitted to the road or any speciIied area
thereoI by a motor or other vehicle or trailer or by any part
LAWS OF GUYANA
or parts oI such a vehicle or trailer in contact with the road
and the conditions under which such weights may be
required to be tested;
(xviii) Ior prescribingthe conditions subject towhich, and
the times at which, articles oI exceptionallyheavyweight or
exceptionally large dimensions may be carried by road;
(xix) conditions governing the use on roads oI special
motor vehicles or trailers, or special types oI motor vehicles
or trailers;
(xx) Ior regulating the relative position in the roadway oI
traIIic oI diIIering speeds or types;
(xxi) the precedence oI vehicles and pedestrians
respectively and generally with respect to the movement oI
traIIic at and in the vicinity oI crossings and the erection oI
traIIic signs in connection therewith;
(xxii) the emission oI smoke or visible vapour;
(xxiii) excessive noise owing to the design or condition oI
motor and other vehicles, or the loading thereoI; or
unreasonable or unnecessary noise caused by the use oI
signallingappliances;
(xxiv) the determination oI the number oI passengers a
hire car or motor bus is adaptedto carryandthe number who
may be earned;
(xxv) the carriage oI luggage or goods on hire cars or
motor buses;
(xxvi) the saIe custody and re-delivery or disposal oI any
propertyaccidentallyleIt ina hire car or motor bus andIixing
the charges made in respect thereoI;
(xxvii) the equipment to be carried by a hire car or motor
bus;
(xxviii) authorising the removal Irom a hire car or motor
bus oI any person inIringing the regulations by the driver or
conductor oI the vehicle or on the request oI the driver or
conductor by any police constable;
(xxix) requiringa passenger on a hire car or motor bus who
is reasonably suspected by the driver or conductor thereoI
oI contraveningthe regulations togive his name andaddress
to a police constable or to the driver or conductor upon
demand;
LAWS OF GUYANA
Cap. 51:02 75
(xxx) requiring a passenger to declare, iI so requested by
the driver or conductor, the journey he intends to take or has
takenin the vehicle, andto paythe Iare Ior the whole oI such
journey and to accept any ticket provided thereIor;
(xxxi) requiring, on demand being made Ior the purpose by
the driver or conductor or other person authorised by the
licensee oI the vehicle, production during the journey and
surrender at the end oI the journey by the holder thereoI oI
any ticket issued to him;
(xxxii) requiring a passenger, iI so requested by the driver
or conductor, to leave the vehicle on the completion oI the
journey the Iare Ior which he has paid;
(xxxiii) requiring the surrender by the holder thereoI on
expiry oI the period Ior which it is issued oI a ticket issued
tohim;
(xxxiv) the badges and uniIorms to be worn by drivers and
conductors oI motor buses and as to the custody, production
and return oI badges and plates;
(xxxv) the conduct, cleanliness and dress oI persons
licensed to act as drivers andconductors oI motor buses and
drivers oI hire cars and the conduct oI passengers carried
in such vehicles;
(xxxvi) the conditions under which motor buses may be
used in any unauthorized area or route on special occasions
Ior the conveyance oI private parties;
(xxxvii) Ior providing special Iacilities Ior granting
certiIicates and licences to persons not resident in Guyana,
and Ior dispensing in the case oI any such persons with the
requirements oI this Act with respect to registration and
drivinglicences;
(xxxviii) requiring all or any speciIied class oI motor
vehicles when used on roads either generally or in any
speciIied area or on any speciIied route to have aIIixed
thereto a device known as a suppressor and intended to
eliminate or reduce interIerence with broadcast receiving
apparatus;
LAWS OF GUYANA
(xxxix) the tariII oI Iares to be charged Ior the carrying oI
passengers in any motor bus or hire car licensed to operate
under this Act and the provisions oI penalties Ior the reIusal
to pay, or the evasion oI payment, oI any such Iare;
(xl) the quantity oI luggage which shall be carried in any
motor bus or hire car licensed to operate under this Act
without any additional charge and the scales oI payment Ior
luggage over and above that quantity:
(xli) the conduct oI passengers in, and oI drivers oI, any
motor bus or hire car operating under licence granted under
this Act;
(xlii) the Iorms to be used, and the particulars to be
Iurnished, Ior the purposes oI sections 80 to 98 (inclusive);
(xliii) the procedure on applications Ior, and the
determination oI questions in connection with, the grant oI
goods transportation licences, Ior suspending or revoking
the same and Ior making appeals to the President;
(xliv) the issue oI licences under Part VIII and the issue oI
copies in the case oI the loss or destruction thereoI; and
(xlv) any other matter which may be necessary Ior the
purpose oI carryingsections 80to98(inclusive) intoeIIect.
(3) In any regulation made under this Act there may be attached
thereto Ior any breach thereoI a Iine not exceeding thirty thousand
dollars.
105. All orders made bythe LicensingAuthority, the Commissioner oI
Police or by a local Government authority shall be published in the
Ga:ette and in one or more newspapers and may at any time be varied
or revoked by a subsequent order.
106. Any authority or person having power to issue any certiIicate or
licence under this Act shall, on prooI to its or his satisIaction that such
certiIicate or licence has been lost or destroyed, and on payment oI the
prescribed Iee, issue a copy oI the certiIicate or licence to the person
entitled thereto.
PublicationoI
orders.
|26 oI 1961|
Duplicate
licences and
certiIicates.
LAWS OF GUYANA
Cap. 51:02 77
107. Whoever Iraudulently imitates, alters, mutilates, destroys, or
uses, or Iraudulently lends or allows to be used by any other person any
identiIication mark, motor vehicle licence, certiIicate oI Iitness,
certiIicate oI registration, or any driver`s or conductor`s licence issued
or deemed to have been issued under this Act shall be guilty oI an
oIIence.
GivingIalse
inIormation
|12 oI 1997
16 oI 1998|
Taking motor
vehiclewithout
owner`s
consent or other
authority
to be an oIIence
|7 oI 1959
12 oI 1997
16 oI 1998|
108. II any person in or in connection with an application Ior a motor
vehicle licence or the registration oI a motor vehicle, or a driving licence
or the endorsement oI such a licence or a conductor`s licence, or any
change or variation in a motor vehicle licence or the registration oI a
motor vehicle or ingivinganyinIormationlawIullydemandedor required
under this Act or any regulations made thereunder makes any statement
which to his knowledge is Ialse, or in any material respect misleading,
he shall be liable on summary conviction to a Iine oI not less thanIiIteen
thousand dollars nor more than thirty thousand dollars and to
imprisonment Ior sixmonths.
109. (1) Every person who takes and drives away any motor vehicle
without having either the consent oI the owner thereoI or other lawIul
authority shall be liable
(a) on summary conviction to a Iine oI not less than twenty
thousand dollars nor more than Iorty thousand dollars or to
imprisonment Ior twelve months;
(b) on conviction on indictment to a Iine oI not than thirty
thousand dollars nor more than sixty thousand dollars and to
imprisonment Ior two years:
Provided that iI in summary proceedings under this section the court
is satisIied that the accused acted in the reasonable belieI that he had
lawIul authority or in the reasonable belieI that the owner would, in the
circumstances oI the case, have given his consent iI he had been asked
thereIor, the accused shall not be liable to be convicted oI the oIIence.
LAWS OF GUYANA
(2) II on the trial oI anyindictment Ior stealinga motor vehicle the
juryare oI opinionthat the deIendant was not guiltyoI stealingthe motor
vehicle but was guiltyoI an oIIence under this section, the jurymayIind
him guilty oI an oIIence under this section and thereupon he shall be
liable tobe punishedaccordingly.
(3) Where a person is convicted under this section the court, in
addition to any punishment inIlicted, may order the person convicted to
pay to the owner oI the vehicle such sum as in the opinion oI the court
is Iair compensation in respect oI the use oI and any damage done to the
vehicle. Any sum ordered to be paid Ior compensation under this
subsection shall be deemed to be a judgment debt and payment thereoI
shall be enIorceable accordingly. An order Ior compensation shall be
a bar to any action to recover damages in respect oI the same
transaction.
(4) The precedingprovisions oI this section shall applyto persons
whotake andride awaybicycles, not beingmotor vehicles, as theyapply
to persons taking and driving away motor vehicles, and reIerences in
those provisions to motor vehicles and driving shall be construed
accordingly:
Provided that the maximum penalty which may be imposed on a
summary conviction by virtue oI this subsection Ior an oIIence under
subsection (1) shall be not less than ten thousand dollars nor more
than twenty thousand dollars or imprisonment Ior twelve months.
(5) Eor the purpose oI the preceding subsection, subsection (2)
shall have eIIect as iI reIerences in that subsection to the trial oI an
indictment and a jury included reIerences to summary proceedings and
a magistrate respectively.
110. (1) Inall proceedings under the provisions oI this Act everymotor
vehicle and trailer shall be deemed to be kept Ior use on a road until the
contrary is proved by the owner oI the vehicle.
Onus oI prooI
as to use oI
motor vehicle.
LAWS OF GUYANA
Cap. 51:02 79
(2) In any proceedings under the provisions oI this Act a
certiIicate under the handoI a licensingoIIicer or a certiIyingoIIicer that
on a speciIied date a person was not the holder oI any speciIied licence
or certiIicate under the provisions oI this Act shall be suIIicient evidence
oI the Iact.
Power to convict
Ior reckless or
dangerous
driving
|16 oI 1998|
Power to
proceed on
charge Ior
careless driving
on hearingoI
charge Ior
reckless or
dangerous
driving.
Temporary
suspensionoI
drivinglicence.
|26 oI 1961|
111. Upon the trial oI a person who is indicted Ior manslaughter in
connection with the driving oI a motor vehicle by him, it shall be lawIul
Ior the jury, iI they are satisIied that he is guilty oI an oIIence under
section 37 to Iind him guilty oI that oIIence, whether or not the
requirements oI section 46 have been satisIied as respects that oIIence,
and any person so convicted shall be liable to imprisonment Ior two
years.
112. (1) Where a person is charged beIore a court oI summary
jurisdiction with an oIIence under section 37 and the court is oI the
opinionthat the oIIence is not proved, then, at anytime duringthe hearing
or immediately thereaIter, the court may, without prejudice to any other
powers possessed by the court, direct or allow a charge Ior an oIIence
under section 38 to be preIerred Iorthwith against the deIendant and
may thereupon proceed with that charge, so however that he or his
solicitor or counsel shall be inIormed oI the newcharge and be given an
opportunity, whether by way oI cross-examining any witness whose
evidence has already been given against the deIendant or otherwise, oI
answering the new charge, and the court shall, iI it considers that the
deIendant is prejudiced in his deIence by reason oI the newcharge being
so preIerred, adjourn the hearing.
(2) A deIendant in whose case the requirements oI section 46
have been satisIied, or do not apply, as respects the alleged oIIence
under section 37 may be convicted on a charge preIerred under the
preceding subsection, notwithstanding that those requirements have not
been satisIied as respects the alleged oIIence under section 38.
113. (1) II any person is charged with manslaughter arising out oI the
use oI a motor vehicle or with contravening section 36 or section 37, the
Licensing Authority may, with the approval oI the Director oI Public
Prosecutions, order the suspension oI the driving licence oI the person
so charged pending the determination oI the charge.
LAWS OF GUYANA
(2) Any driving licence so suspended shall on demand by any
police constable be surrendered to the police constable who shall
Iorthwith Iorward the same to the clerk oI the court beIore which the
person so charged is to appear.
114. (l) All oIIences under this Act (except where otherwise provided)
shall be prosecuted under the Summary Jurisdiction Acts.
(2) Anyperson who contravenes or Iails tocomplywith anyorder
made by the Licensing Authority, the Commissioner oI Police or by a
Local Government authority Ior which no special penalty is provided
shall be liable onsummaryconviction, inthe case oI a Iirst conviction, to
a Iine oI not less than Iive thousand dollars nor more than ten thousand
dollars and, in the case oI a second or subsequent conviction, to a Iine oI
not less than ten thousand dollars nor more than twenty thousand
dollars.
(3) Any person who Iails to comply with any oI the provisions oI
this Act shall be guilty oI an oIIence and a person guilty oI an oIIence
under this Act Ior which no special penalty is provided shall be liable on
summary conviction to a Iine oI not less than twenty thousand dollars
nor more than Iorty thousand dollars.
(4) Notwithstanding anything to the contrary in any law, a
reading taken oI the speed or weight oI a vehicle at a particular time or
place by a machine designed Ior the respective purpose may, without
prejudice to the admissibility or acceptance oI such reading as evidence
other than as provided herein, be given in evidence at the trial oI an
oIIence relating to the alleged excessive speed or weight oI the vehicle
bythe oral testimonyoI a police constable who observed the reading, and
such evidence shall be prima facie evidence oI the speed or weight, as
the case may be, oI the vehicle.
Prosecutions
and penalties
Ior oIIences.
|14 oI 1962
32 oI 1970
12 oI 1997
16 oI 1998|
1. Eor each motor cycle:
(a) having 2 wheels and not exceeding 200
pounds .........................................................
$ c.
600.00
LAWS OF GUYANA
Cap. 51:02 81
115. The provisions oI section 35,43,58 and 103, shall not apply to any
motor vehicle on any occasion when it is being used Ior brigade, ambulance or
police purposes, iI the observance oI those provisions would be likely to
hinder the use oI that vehicle Ior the purpose Ior which it is being used on that
occasion.
116. Nothing in this Act shall aIIect any liability oI the driver or owner oI a
motor vehicle by virtue oI any Act or at Common Law.
117. Whenever the provisions oI this Act are in conIlict
with the provisions oI
any other Act relating to the control oI vehicles and road traIIic the provisions oI
this Act shall prevail.
.
118. The directions made under the Summary Jurisdiction (OIIences)
Ordinance (the section then numbered 160, repealed by this Act) as
amended and in Iorce at the commencement oI this Act shall continue in
operationinsoIar as theyare not inconsistent withthis Act subject to amendment
or repeal by regulations or orders made under this Act.
EIRSTSCHEDULE
A
LICENCE EEES IN RESPECT OE VEHICLES
Jehicles solelv for private use in carrving persons
or for broadcasting purposes.
ss. 18, 99
|2 oI 1968
34 oI 1969
6 oI 1970
Reg. 1/1962
Reg. 14/1966A
Reg. 12/1967
7 oI 1978
5 oI 1985
3 oI 1988
14 oI 1990
15 oI 1993
Non-application
oI certain sections
to vehicles when
used Ior certain
purposes
Liability at
common law
In the event oI a
conIlict oI laws
the provisions oI
this Act to prevail
Savings
LAWS OF GUYANA
1.Eor each motor cycle:-
(a) having 2 wheels and not exceeding 200 pounds
(b) having 3 wheels.......................................
(c) having 2 wheels and exceeding 200
pounds ......................................................
2. Eor each motor vehicle other than a motor cycle:
(a) not exceeding 2,240 pounds ........................
(b) exceeding 2,240 pounds and not exceeding
3,000 pounds ...............................................
(c) exceeding 3,000 pounds and not exceeding
4,000 pounds................................................
(d) exceeding 4,000 pounds and not exceeding
5,000 pounds ...............................................
(e) exceeding5,000pounds...............................
Passenger vehicle for hire or reward
3. Eor each hire car:
(a) not exceeding 2240 pounds ...........................
(b) exceeding 2240 pounds and not exceeding
3,000 pounds ................................................
(c) exceeding3,000pounds...............................
4. (a) Eor each motor bus used solely in Georgetown
or NewAmsterdamand seating:
(i) not more than 14 passengers ..................
(ii) more than 14 passengers ..........................
(b) Eor each motor bus used elsewhere and
seating:
(i) not more than 14 passengers.....................
(ii) more than 14 passengers ........................
Goods Jehicles
$ c.
1000.00
1500.00
2000.00
2000.00
2500.00
4000.00
10,000.00
2000.00
4500.00
5000.00
4,950.00
9,360.00
5,760.00
12,600.00
4 oI 1996
6 oI 1998|
LAWS OF GUYANA
Cap. 51:02 83
5. Eor each goods vehicle:
(a) not exceeding 1120 pounds unladen weight .......
(b) exceeding 1120 pounds but not exceeding 2240
pounds unladen weight ....................................
(c) exceeding 2240 pounds but not exceeding 4800
(d) exceeding 4,480 pounds but not exceeding
8,960 pounds unladen weight .................
(e) exceeding 8,960 pounds but not exceeding 13,440
(I) exceeding 13,440 pounds unladen weight ..........
Providedthat:
(i) Ior a motor lorry exceeding Iour tons, but not
exceeding six tons payload, the licence Iee
shall be
(ii) Ior a motor lorry exceeding six tons payload,
the licence Iee shall be ...............................
(iii)Ior anarticulatedvehicle*the unladenweight
oI which exceeds 11,200 pounds the licence
OTHERMOTORVEHICLES
$ c.
2,500.00
4,500.00
9,000.00
1,100.00
2,500.00
30,000.00
25,000.00
30,000.00
35,000.00
(a) Eor any agricultural motor tractor and trailer
which are used Ior the sole purpose oI carrying agricultural
machinery, appliances and produce or any oI them to or
Irom, or to and Irom, any cultivated plantation, lot or Iarm
within a radius oI 6 miles thereoI but not in Georgetown or
New Amsterdam ................................................... 3,600.00
(b) Eor any agricultural motor tractor used alone Ior
the said purpose ............................ 600.00
7 Eor each motor hearse 1,200.00........................ 1,200.00
LAWS OF GUYANA
8. Eor each motor vehicle used solely Ior the ser-
vicing oI equipment or machinery .................................
9. Eor each mechanically propelled crane, hoist, com-
pressor, bulldozer or similar vehicle used in connec-
tion with construction, which is not in itselI designed
or constructed to carry any load other than loose
tools and equipment .............................................
10. (a) Eor each trailer used in connection with a motor
car:
(i) having two wheels ......................................
(ii) having more than two wheels .....................
(b) Eor each trailer capable oI being attached to any
vehicle, other than a motor tractor or motor car
and not constructed as a permanent attachment
to that vehicle ................................................
Providedthat:
(I)no licence Iee shall be payable Ior any motor vehicle
or trailer kept Ior use exclusively on roads and trails,
or any oI them, in any district deIined by the Minister
by order, which shall come, or be deemed to have
come into operation on such day, being the Iirst day oI
any quarter not earlier than the commencement oI the
year in which the order is made, as shall be speciIied
therein. Where there has been payment Ior any motor
vehicle or trailer oI a licence Iee Iromwhich the motor
vehicle or trailer is, upon the application oI the licence
holder shown to the satisIaction oI the licensing oIIi-
cer to have, by virtue oI any such order published in
theGa:ette aIter the payment in question, been
exempted to the extent oI any amount so paid in
respect oI any period commencing on or aIter the
coming into operation oI the order, such amount shall
pursuant to the said application, and upon surrender oI
the licence iI such period is unexpired, be reIunded by
or on the authority oI the Licensing Authority; and any
3,000.00
1,200.00
360.00
600.00
720.00
LAWS OF GUYANA
Cap. 51:02 85
and any decision oI the licensing oIIicer with which
the applicant is dissatisIied shall be subject to appeal,
which shall lie in the like manner as an appeal
under the proviso to section 19(3) against reIusal to
issue a licence.
BOTHEREEES
SECTIONS
5. Eor registration:-
oI motor cycle......................................................
oI other motor vehicles....................................
oI trailer ...................................................
Eor copy oI entry in motor vehicles register.......
10. Eor transIer oI registration:-
SECTIONS
oI motor cycle......................................
oI other motor vehicles.............................
oI trailer.................................................
15.Eor certiIicate oI Iitness:
Ior examination oI two-wheeled motor cycle ......
Ior examination oI motor car or three-wheeled
motor cycle .......................................................
Ior examination oI motor lorry or motor bus..........
Ior examination oI hire car ..................................
Ior examination oI articulated vehicles* ...............
Ior examination oI any other goods vehicle ..........
Ior examination oI other motor vehicle or trailer....
22. Eor dealer`s general licence ...............................
Ior eachdealer`s general identiIication mark ......
26. Eor learner`s provisional licence ..........................
27. Eor driver`s test oI competence ..........................
r`s licence ............................................
$ c.
500.00
1,000.00
300.00
500.00
500.00
1,000.00
300.00
1,500.00
2,000.00
500.00
2,000.00
1,000.00
1,000.00
2,000.00
LAWS OF GUYANA
500.00
2,000.00
1,000.00
79. Eor conductor`s licence
81. Eor licence to drive a hire car
81. Eor licence to drive a hire car (Ior any period not exceeding
seven days)
1,000.00
82.Eor the issue oI an identiIication mark Ior a hire car being used in the
manner contemplated by section 82(1). This Iee shall be reIunded upon
the return oI the identiIication mark to the Licensing OIIicer
240.00 106.Eor duplicate licence or certiIicate
Eor the purpose oI this Schedule-
'articulated vehicle means any motor vehicle with a trailer drawn
thereby which is so constructed and by partial super-imposition attached
to the motor vehicle that a substantial part oI the weight oI the trailer is
borne by the motor vehicle;
'the payload oI a motor lorry is the gross weight thereoI as
speciIied by the manuIacturer less the unladen weight.
LAWS OF GUYANA
Cap. 51:02 87
SECOND SCHEDULE
LIMIT OE SPEEDS
Class or description oI vehicle Miles per hour
Maximumspeed
s.35
|Reg. 14/1971
1. Motor cars, hire cars, motor cycles and other vehicles the
unladen weight whereoI is not in excess oI 25 cwt.:
(a) on restricted roads 30
(b) the Timehri Eield/Linden Highway 60
(c) elsewhere 40
2. Motor buses, goods vehicles and other vehicles the unladen
weight whereoI is in excess oI 25 cwt.:
(a) on restricted roads 30
(b) elsewhere 40
3. Motor tractors 15
LAWS OF GUYANA
Provided that:
(a) the maximum speed per hour Ior a vehicle under the control
oI holder oI a provisional licence, being a vehicle oI a class
mentioned in the Ioregoing items shall be 25 miles; and
(b) Amotor vehicle, other than a motor tractor, drawing a trailer
or other vehicle shall not be driven at a speed in excess oI the
maximum speed Ior a vehicle oI its particular class less 5
miles per hour.
4. Eor the purposes oI this Schedule restricted roads shall be:
c. 28:01
(a) Roads in the city oI Georgetown.
(b) The main public road on the East Bank, Demerara, in and
between Plantations Ruimveldt and Grove, and between
Plantation Coverden to the intersection oI that road with the
Madewinni Creek.
(c) Roads in the Timehri International Airport area.
(d) The main public road on the East Coast, Demerara, Iromthe
city oI Georgetown to the eastern boundary oI Plantation
Hope.
(e) Roads in the town oI New Amsterdam.
(I) Roads in any town constituted under the Municipal and
District Councils Act.
(g) Roads in the Bartica Village District.
(h) The main public road on the Aroabisci Coast, Essequibo
extendingIromits junctionwiththe branchroadat Adventure
leading to the Transport andHarbours Department stelling to
the common boundary between Plantation Zorg and
Plantation Golden Eleece.
(i) That portion oI the main public road on the West Coast oI
Berbice as is within the Rosignol/Zee Lust Local Govern-
ment District.
(j) That portion oI the main public road on the West Coast,
Demerara as is respectively within the Klien Pouderoyen/
Best Local Government District and the Parika/Salem
Village District.
LAWS OF GUYANA
Cap. 51:02 89
(k)That portion oI the main public road on the Corentyne Coast,
Berbice, as is within the Sheet Anchor/Cumberland Local
Government District.
(1) Any road declared by the Licensing Authority to be a
restricted road Ior the purposes oI this Schedule by the
publication oI a notice to that eIIect in the Ga:ette and in a
newspaper circulating in Guyana.

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LAWS OF GUYANA

Motor Jehicles and Road Traffic

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