GHANA LAW FINDER

                         

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ACTS OF GHANA

                                      FOURTH   REPUBLIC

                     Act 761

 

                                                         

                 

                               THE SEVEN HUNDRED AND SIXTY-FIRST

                 ACT

                  OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

                                                     ENTITLED

                ROAD TRAFFIC (AMENDMENT) ACT, 2008

AN ACT to amend the Road Traffic Act, 2004 (Act 683) to reduce the penalties for motor traffic offences and for related matters.

DATE OF ASSENT: 29th September, 2008.

ENACTED by the President and Parliament:

Road Traffic Act amended

The Road Traffic Act, 2004 (Act 683) is amended by the substitution for the penalties for the offences specified in that Act and listed in column 1 of the Schedule to this Act, of the penalties specified in column 2 of the Schedule to this Act.

 

                                                            SCHEDULE

 

                              Column 1

 

Column  2

 

Section Nature of Offences Summary of Details

 

Revised Penalty Units and Files

 

     

Dangerous Driving   

(a) Where

    (i) no bodily In­jury. or

    (ii) a minor bodily injury occurs to a person other than the driver.

(b) where bodily injury of an aggravated ­nature occurs to a person other than. the driver.

 

(c) where death occurs to a person other the driver

 

(d) where there IS damage to state property

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3 Careless and inconsider­ate driving

 

 

 

4 Driving under influence of alcohol or drugs

 

Driving without due  care and attention or reasonable for consideration  for other person 

 

 

A person who drives or  attempts to drive  motor vehicle on a. road while under the influence of alcohol or drugs to a degree as to be incapable of having proper control.

 

 

 

 

A tine of not less than ten penalty units and not exceeding twenty penalty units or impris­onment for a term not exceeding six months or both

 

 

 

 

 

A minimum tine of twenty-five penalty units and not exceeding fifty penalty units or imprisonment of not less than eight months and not exceeding sixteen months or both

 

 

A term of imprisonment of not less than three years and not more than seven years

 

A fine of not less than ten penalty units and payment for the damage caused in an amount determined by the Court.

A Court may on the conviction of a person

(a) order payment of appropriate compen­sation to an injured person or to the es­tate of that person, or

(b) order withdrawal of the driving licence of that person for a period of not less than three years and not more than five years

 

 

A fine not exceeding twenty penalty units or a term of imprisonment not exceeding forty months or both

 

 

 

 

 

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

 Column 1

Section Nature of Offence Summary of Details

 Column  2

 Revised Penalty Units and Fines

 

Where

(a) bodily injury does not occur, or

(ii) a minor bodily injury occurs to a person other than the driver

(b) bodily injury of aggravated nature occurs to a person other than the driver

(c) death occurs

 

 

 

 

 

 

 

 

 

 

 

 

5      Driving when alcohol concentration is above prescribed limit

 

 

 

 

 

 

7. Failure to provide breath for test

 

 

 

11 Motor racing

 

 

 

 

13 Seat belts and other safety equipment

 

14 Carrying of children in motor vehicles

 

 

 

 

 

 

 

15 Safety equipment for children in motor ve­hicles

 


 

 

 

 

 

16 Wearing of protective crash helmets

17 Regulation of equipment

 


 

 

 

 

 

 

 

 

19 Prohibition of parking of person who parks motor vehicles

 

 

 

 

 

 

 

 

 

 

20 Prohibition of driving or parking on cycle tracks

 

21 Leaving vehicles or trailers in dangerous positions

 

22 Causing danger to road users

 

 

 

 

 

 

 

 

 

23 Restriction of carriage of persons on motor bicycles

 

 

24 Restriction of the carriage of persons on bicycles

 

 

26 Holding or getting on a motor vehicle while the motor vehicle is in motion

 

 

 

 

 

 

 

 

 

27 Drivers to comply with traffic directions

 


 

 

 

 

28 Drivers to comply with traffic signs

 

 

 

 

 

 

 

 

29 Directions to pedestrians

 


 

 

 

 

 

30 Dangerous Cycling

 

 

 

31 areless and inconsiderate cycling

 

 

 

32 Cycling under influence of alcohol or drugs


 

 

 

 

34 Electricity assisted pedal cycles


 

 

 

 

 

 

 

 

35 Prohibition of driving motor vehicles anywhere other than on roads

 

 

 

4] Using an unregistered vehicle or trailer

 

 

42 Failure to return registra­tion document

 

 

 

 

43 Not fixing registration number

 

 

 

44 Obscured registration number

 

 

 

 

 

 

50 Misuse of trade licence

 


 

 


 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

53 Driving licenccs

 

 

 

 

 

57 Requirement as to physical fitness

 


 

 

 

 

 

59 Provision of information

 

 

 

 

 

 

60 Driving after refusal or revocation of licence


 

 

 

 

 

 

61 Driving with uncorrected defective eyesight

 

 

 

 

 

 

 

 

 

 

 

63 A licence granted in error

 

 

 

 

 

 

67 Obtaininglicenceordliving while disqualified

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

68 Driving Schools

 

 

 

69 Driving instructors

 

 

 

 

 

 

 

 

 

 

 

71 Display of registration certificate

 

 

 

76. Offences in respect of register

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

77 Surrender of certificates or licences

 

 

 

 

 

 

 

78 Produclion or ceni ricale to police orficer and au­thorized person

 

 

 

80 Use or vehicle in a dan­gerous condition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

82 Contravenlion or re­quirement nor brakes. steering

 

83Failure to comply with requirements for weights of commercial vehicles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A person who drives or allempts to drive a motor vehicle after consuming a quantity of alcohol to the extent that the proportion of alcohol in the person's blood or urine exceeds the prescribed limits.

 

 

A person who without reasonable excuse fails to provide specimen of breath

 

A person who promotes or takes part in race or a trial of speed on a road other than a road authorised for motor racing

A person who does not wear seat belt either at the front or rear scat of a mo­tor vehicle being driven on a road

A person who drives a motor vehicle on a road where

(a) a child of five years or under five years is in the front seat,

(b) a child between the ages of five and eigh­teen years is sitting on the front seat is not wearing a seat belt

(I) A person who does not comply with the conditions for safety equipments

(2) A person who fails to wear protective crash helmets of the type prescribed.

 

A person who sells or offers for sale a crash helmet not prescribed by regulations.

 

(I) A person who uses  an unprescribed equipment whilst riding or being ridden on a motor cycle on a road.

(2) A person who sells or offers for sale an unprescribed equip­ment

 

 

A person who parks or wholly or partly

 

(a) on a verge or shoulder d of a

Road

 (b) on land situated be­tween  two carriage ways and which is not a footpath

(c) on a foot path,

(d) on a pedestrain crossing

(e) on a place reserved for physically chal­lenged person


 

 

A person without law­ful authority drives, rides or parks, wholly or partly on a cycle track

A person in charge of a motor vehicle who causes, or permits the vehicle or a trailer drawn by it to remain at rest in

A person who without lawful authority or reasonable excuse

(a)causes anything to be on or over a road,

(b) interferes with a motor vehicle, trailer or cycle, or

(c) interferes directly or indirectly with traffic equipment where it would be obvious to a reasonable person to be dangerous

 

A person who carries an­other person on a motor­cycle which is not con­structed or adapted for the carriage of more than one person

A person who carries any other person on a bicycle which is not constructed or adapted for the carriage of more than one person

(I) A person who with out lawful authority or reasonable excuse. takes or retains hold of. or gets on to or alights from a motor vehicle or a trailer while the motor vehicle or trailer is in motion on a road

(2) A person who for the purpose of being drawn. takes or retains hold of a motor vehicle or trai ler whiIe the motor vehicle is in motion on a road

 

 

A person driving a motor vehicle. riding a motor cycle or bicycle who neglects or refuses to obey a pol ice officer or an authorised per­son engaged in regula­tion of traffic on a road

A person who whilst driv­ing a motor vehicle, riding a motorcycle or bicycle fails to comply with the indication given by a traffic sign of a prescribed size colour and type or of an­other character authorised by the authority which has been lawfully placed on or near a road.

 

 

A person who ignores direction by a police officcr or authorised person giving directions

(2) A person who jaywalks or ignores a traffic signal

 

(I) A person who rides a cycle dangerously on a road

(2) A person who does not use a cycle track provided

A person who rides a cycle on a road or at a place with­out due care and attention or without reasonable con­sideration for other per­sons using the road or place

A person who rides a cycle on a road in an unfit state caused by the use of alco­hol or drugs to the extent of being incapable of con­trolling the cycle

(2) A person 

(a) under 18 years who driver an electricity or both assisted pedal cycle on a road, or

(b) who knowing or sus­pecting that another person is under 18 years, causes or permits that other person to drive a pedal cycle on a road

 

A person who drives a vehicle on land which is not a road or on a road which is a footpath or pedestrian walkway

 

 

A person who uses or keeps an unregistered vehicle or trailer which is not an exempt motor vehicle or trailer

The registered owner or a person in possession of a registration document who fails to return them when required to do so by the Licensing Authority

 

An owner of a motor vehicle or trailer being used or kept on a road, who fails to fix a registration number pre­scribed by Registration

 

The owner of a motor vehicle which is being used or kept on the road who permits a registration number fixed on the motor vehicle or trailer to be obscured or ren­dered or allowed to become not easily distinguishable

 

A person who holds a trade licence or trade licences and uses

(a) at anyone time on a road, a greater number of motor vehicles than the person is authoriscd to use by virtue or the trade licence or licences.

(b) a motor vehicle on a road ror a purpose other than the pur­pose prescribed by Regulations. or

(c) the trade licence or any or the trade I icences to keep on a road in circumstances other than the prescribed circumstances a motor vehicle which is not being used on that road

 

 

A person who drives a motor vehicle of any description or class on a road without a driving licence that authorises that person to drive a motor vehicle or that decription or class

 

(1) A person who rails to deliver to the Licensing Authority a Iicence belonging to to that person where that has been revoked

(2) A person who is licensed and authorised to drive a motor vehicle of any class and who drives a motor vehicles or that class on a road where that person knowingly made a raIse declaration in the application on the basis which the licence was granted.

 

 

A licence holder who fails to notify the Licensing Authority or a disability which is likely to after the licence holder's ability to drive and which the licence holder is required to disclose to the Authority

 

 

A person who drives a motor vehicle in respect  or which a licence has been refused or revoked

 

(I) A person who fails to comply with a require ment as to eyesight for the purpose of a test of competence to drive and who drives a motor vehicle

 

(2) A person who fails to submit to an eye test demanded by a police officer.

 

 

(3) A person who refuses to submit to a test

 

A person who fails to surrender a licence granted in error after notice to return the licence has been given to that person or fails to surrender a licence after the name and address of the holder as specified in the licence have ceased to be correct.

 

 

A person who obtains a driving licence or drives a motor vehicle on the road while disqualified from holding or obtaining a licence

 

 

A person who operates a driving school which has not heen registered by the Licensing Authority

 

Aperson who acts as a driving instructor where that person

(a) has not passed the pre scribed examination

 

(b) docs not hold a CUITent driving licence:

(c) is not mentally and physically sound. or

(d) is not registered.

 

A person who fails to display in the course of instructors identity card issued by the licensing authority

 

1. A person whose name is not in the register but who

 (a) takes or uses a title.

(b) wears or displays a badge or certificate or

(c) takes or uses any name. title. addition or descrip­tion which suggests that that person's name is in the register

(2) A person who adver­tises or issues invitation calculated to mislead the public or carries on the business of providing instructions in the driv­ing of motor vehicles and who

(a) uses a title or descrip­tion for another person employed by that per­son which suggests that that other person's name is in the register when that other person's name is actually not in the reg­ister.

 

Where a person whose name has been removed from the register fails to surrender the certi ficate to the Driver and Vehicle Li­censing Authority within fourteen days after written notification from the Licencing Authority

 

 

A person who faiIs to produce a cenificate or licence for examination on request by a police officer or a person authorised by the Licensing Authority

A person Who causes or permits another person to use a motor vehicle or trailer on a road where (a) the condition of the motor vehicle or lrailer or of its accessories orequip­ment

(b) the purpose for which it is used.

(c) the number of passen­gers carried by il or the manner in which they arc carried

(d) the weight, position or dislribution of its load. or manner in which it is secured is such that the use of the motor vehicle or trailer poses a danger of injury to a person or damage to properly.

A person who uses a vehicle with defeclive brakes. tyres and steering gear

Where person (a)contravenes or fails to comply with a construc­tion and use requirement for brakes. steering-gear.

(b )uses on a road. a motor vehicle or a trailer which docs not comply with the requirement or causes or permits a motor vehicle lo be used. or or permits to be used on a road. a motor ve­hicle or a trailer, the tyres of which arc

 

 

 

 

 

 

A fine not exceeding fifty penalty units or a term of imprisonment not exceeding four months or both.

A minimum fine of twenty-five penalty units and not more than fifty penalty units or a term of imprisonment of not less than eight months and not exceeding sixteen months or both.

A fine of not less than one hundred penalty units and not exceeding two hundred pen­alty units or a term of imprisonment for not less than two years and not exceeding forty months or both.

 

 

 

A fine of not less than fifty penalty units and not exceeding two hundred penalty units or to a term of imprisonment not ex­ceeding forty months or both.

 

 

 

 

 

 

A fine of not less than fifty penalty units or to a term of imprisonment not ex­ceeding sixteen  months or both

 

 

 

A fine of not less than one hundred penalty units and not exceeding two years or to both

 

 

 

A fine not exceeding ten penalty units or to a term of imprisonment not ex­ceeding four months or to both

 

A fine not exceeding ten penalty units or a term of imprisonment not exceed­ing four months or both

A fine not exceeding ten penalty units or a term of imprisonment not exceed­ing four months or both

A fine not exceeding ten penalty units or a term of imprisonment not exceed­ing four months or both

 

A fine of fifty penalty units or a term of imprisonment not exceeding sixteen months or both

A fine of not less than ten penalty units and not more than twenty penalty units or a term of imprisonment not exceeding six months or both

 

 

A fine not exceeding twenty-five penalty units or a term of imprisonment not exceeding eight months or both

 

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

 

 

 

 

 

 

 

 

A fine of twenty-five penalty units or to a  term of imprisonment not exceeding eight months or to both

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A fine not exceeding twenty-five pen­alty units or a term of imprisonment not exceeding eight months or both

 

A fine not exceeding twenty-five penalty units or a term of imprisonment not ex­ceeding eight

 

 

A fine of twenty-five penalty units or to a  term of imprisonment not exceeding eight months or to both

 

 

 

 

 

 

 

 

 

A fine of twenty-five penalty units or a term of imprisonment not exceeding eight months or both

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

 

 

A fine of ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

 

 

 

 

 

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

A fine of ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

 

 

 

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

A fine of two and half penalty units or a day's imprisonment

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding eight months or both

A fine of twenty-five penalty units or to a term of imprisonment not exceeding one day

 

A fine of ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

A fine not exceeding twenty-five penalty units or a term of imprison­ment not exceeding eight months or both

 

 

 

 

 

A fine not exceeding fifteen penalty units or a term of imprisonment not exceedll1g two months or both

 

A fine not exceeding fifteen penalty units or a term of imprisonment not exceeding two months or both

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

 

A fine not exceeding twenty-five pen­alty units or a term of imprisonment not exceeding eight months or both

 

A fine not exceeding twenty-five penalty units or a term of imprison­ment not exceeding sixteen months or both

 

 

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

 

 

A fine not exceeding ten penalty units or to a term of imprisonment not exceeding four months or both

 

 

 

 

 

A fine of not less than fifty penalty units and not exceeding one hundred penalty units or a term of imprison­ment not exceeding two years or both

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A fine not exceeding twenty-five penalty units or a term of impris­onment not exceeding eight months or both

 

 

 

 

 

A fine not exceeding twenty-five penalty units or a term of impris­onment not exceeding eight months or both

 

 

 

For a first offence a fine of not less than five penalty units and not exceeding twenty-five penalty units or a term of imprisonment not exceeding twelve months or both and for a subsequent offence to a fine or not less than ten penalty units and not more than fifty penalty units or a term or imprisonment or not less than six months and not exceeding twelve months or both.

 

 

A fine or not less than ten penalty units and not exceeding twenty­rive penalty units or a term or imprisonment not exceeding eight months or both A fine not exceeding twenty-live penalty units or a term of imprisonment not exceeding eight months or both

 

 

A fine not exceeding twenty-live penalty units or a term of imprisonment not exceeding eight months or both

 

 

 

 

A line not exceeding ten penalty units or a term of imprisonment not exceeding two months or both

 

 

 

 

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding two months or both

A fine not exceeding ten penalty units or a term of implisonment not exceeding four months or to both

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A fine not exceeding ten penalty units or a term of imprisonment not exceeding four months or both

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Suspension of registration of the school or a fine not exceeding two hundred and lifty penalty units or a term of impris onment not exceeding forty months or both

 

 

 

 

 

 

 

A fine not exceeding one hundred penalty units or a term of imprisonment not

 

 

 

 

A fine not exceeding twenty-live penalty units or a term of imprisonment not exceeding eight months or both

 

 

A fine not exceeding twenty-five penalty units or a term of imprison­ment not exceeding eight months or both

 

A fine not exceeding twenty-five pen­alty units or a term of imprisonment not exceeding eight months or both

A fine not exceeding twenty-five pen­alty units or a term of imprisonment not exceeding eight months or both

 

 

 

A fine not exceeding fifty penalty units or a term of imprisonment not exceed­ing sixteen months or to both

 

 

A fine not exceeding twenty-five pen­alty units or a term of imprisonment not exceeding eight months or both

 

 

 

 

A fine not exceeding twenty-five pen­alty units or to a term of imprison-


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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