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    ACTS OF GHANA

                                                                                      

                   PROVISIONAL NATIONAL DEFENCE  COUNCIL DECREE

 

ROAD TRAFFIC OFFENCES (POWERS OF ARREST) LAW, 1992 (PNDCL 304)

 

ARRANGEMENT OF SECTIONS

Section

1. Conferment of Powers of Arrest.

2. Refusal to give Information.

3. Report to the Police and Chairman of GPRTU.

4. Submission of Returns to District Secretary.

5. Interpretation.

IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

Section 1—Conferment of Powers of Arrest.

Notwithstanding any law to the contrary, a member of the Ghana Private Road Transport Union, in the authorised uniform of the Union may without warrant arrest any person who within his view drives a commercial vehicle—

(a) recklessly or dangerously;

(b) carelessly; or

(c) while under the influence of drink or drug

contrary to section 17, 18 or 19 respectively of the Road Traffic Ordinance (No. 55 of 1952).

Section 2—Refusal to give Information.

Any person arrested under section 1 of this Law who refuses to give his name or address or such other information as may be demanded by the person effecting the arrest or who gives false name or address or false information commits an offence and is liable on conviction to a fine not exceeding ¢100,000.00 or imprisonment for not more than two months or both.

Section 3—Report to the Police and Chairman of GPRTU.

(1) A person arrested under section 1 shall be taken to the nearest police station for interrogation and may be charged by the police with the appropriate offence.

(2) The person making the arrest shall soon after handing over the arrested person to the police make a report of the arrest to the Chairman of the Union in the District.

Section 4—Submission of Returns to District Secretary.

(1) Every District Police Commander shall furnish the District Secretary once in every two weeks with a list of persons arrested by members of the Union and reported to the police and the action taken in respect of each arrest.

(2) The Chairman of the Union in each District shall also furnish the District Secretary once in every two weeks with a list of persons so arrested and the police stations to which the arrested persons were taken.

Section 5—Interpretation.

In this Law unless the context otherwise requires—

"Union" means the Ghana Private Road Transport Union.

Made this 10th day of December, 1992.

JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 30th December, 1992.

 

 

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