VEHICLES ORDINANCE

Arrangement of Sections

CHAPTER I

PRELIMINARY

1. Short title.

2. Exclusion of mechanically propelled vehicles other than tram cars from certain provisions of the Ordinance.

CHAPTER II

LICENSING OF VEHICLES

3. Application for a licence.

4. Proper authority to issue licence after inquiry.

5. Licences to be made out in counterfoil.

6. References to Grama Seva Niladharis.

7. Register of licences. Extract there from prima facie evidence.

8. Number plate to be issued at the time when any vehicle is licensed.

9. Custody of licence.

10. Notice of transfer to be given.

11. Notice to be given of vehicle destroyed or rendered unfit for use.

12. Proper authority may issue licence in place of one lost or destroyed.

13. New licence for the succeeding year.

14. New licence not to issue till previous license has been returned.

15. Power to cancel, withdraw or suspend licence.

CHAPTER III

REGULATIONS

16. The Minister may make regulations as to vehicles.

17. Regulations to be published in the Gazette.

18. Penalty for breach of regulations.

CHAPTER IV

LIABILITIES OF OWNERS OF VEHICLES

19. Liabilities of owners of vehicles.

20. Not liable for loss of certain of goods above fifty rupees unless delivered as such.

21. Increased rate charges for such goods.

22. Carriers to give receipt. Penalty in case of neglect.

23. No publication of notice to limit liability in respect of other goods to have effect.

24. Any owner may be sued.

25. Parties entitled to damages may also recover extra charges.

26. Owner liable for thefts committed by his servants.

27. Owner liable to such damages only as proved.

CHAPTER V

DELIVERY OF GOODS

28. Time within which parcels brought by coaches should be delivered.

29. Parcels to be delivered within forty eight hours distance be beyond four miles.

30. Parcels directed to be left till called for.

31. Parcels not directed to be left till called for.

32. Rate of labourer's hire for parcels exceeding fifty pounds.

33. Penalty on taking more than the above rates.

34. Goods sent by carts to be delivered within twenty-four hours.

CHAPTER VI

GENERAL

35. Lighting of vehicles.

36. Warning of the approach or position of vehicle to be given.

37. Persons under seventeen not to drive.

38. Rules of the road.

39. Exclusion of motor vehicle from this Chapter.

CHAPTER VII

OFFENCES

40. Penalties for Commission of certain acts.

41. Further penalties in case of licensed vehicle.

42. Further Penalty in case of licensed vehicle.

43. Further penalties in respect of licensed carts or coaches.

44. Misbehaviour of person in charge of vehicle.

45. Penalty on person refusing to pay hire or defacing or injuring any vehicle.

46. Proof of licence to be on under the accused.

47. Informer's share of penalty.

48. Limitation of prosecution.

CHAPTER VIII

APPROPRIATION OF STAMP DUTY OR TAX AND INTERPRETATION

49. Appropriation of stamp duty or tax.

50. Interpretation.

SCHEDULE

4 of 1916,

13 of 1920,

29 of 1921,

20 of 1927,

17 of 1933,

22 of 1935,

61 of 1939,

38 of 194,

3 of 1946,

29 of 1947,

60 of 1961.

AN ORDINANCE to amend and consolidate the law relating to vehicles other than motor vehicles.

[Date of Commencement: 1st January, 1917]

CHAPTER I

Preliminary

1. Short title.

This Ordinance may be cited as the Vehicles Ordinance.

2. Exclusion of mechanically propelled vehicles other than tram cars from certain provisions of the Ordinance.

Chapters II, III, VII and VIII of this Ordinance shall not apply to mechanically propelled vehicles other than tram cars.

CHAPTER II

Licensing of Vehicles

3. Application for a licence.

The owner of every vehicle which shall be used for the purpose of conveying or transporting by land passengers, goods, produce, or merchandise from any place to any other place for hire or reward, shall subscribe and present to the proper authority of the province, district, town or village area within which such vehicle is ordinarily used or to be used a declaration of ownership in one or other of such forms as may be prescribed, and shall apply for a licence in one or other of such forms as may be prescribed authorising such owner to use such vehicle for the purpose or purposes set out in the licence. Such declaration shall be exempt from stamp duty. This section shall not apply to any vehicle which is the property of the State, or of any Municipal Council, Urban Council, or Town Council.

[S 3 am by s 30 of Act 60 of 1961.]

4. Proper authority to issue licence after inquiry.

On receipt of such application the proper authority shall satisfy himself that the said declaration is true, and that the vehicle in respect of which the licence is applied for is in good order and fit to be hired for the purpose intended, and thereafter shall issue to the owner of such vehicle a licence in one or other of such forms as may be prescribed.

5. Licences to be made out in counterfoil.

(1) Every such licence, or every renewal thereof, shall be made out in foil and counterfoil and on the counterfoil shall be affixed a stamp of such value as the Minister with the concurrence of the Minister in charge of the subject of Finance may, from time to time, direct by notification in the Gazette, such stamp to be supplied by the party applying for the licence:

Provided that such value shall not exceed the rate applicable to such vehicle mentioned in the second column of the Schedule.

(2) Every such licence and every renewal thereof shall be in force until the thirty-first day of December of the year for which the same shall be granted:

Provided that if on or before the thirty-first day of December in the year for which the licence was granted the owner shall have applied for a new licence under section 13, the licence shall continue in force until the thirty-first day of March of the succeeding year, unless a licence for such succeeding year shall have been earlier issued;

Provided further that if a new licence is issued before the expiration of the year of the existing licence, such existing licence shall cease to be in force, and the new licence shall be deemed to be in force from the date of its issue;

Provided further that in the case of any vehicle licensed for the first time after the thirtieth day of June in any year, only half of the said annual stamp duty shall be payable in respect of such year.

(3) Each licence shall state the number of persons authorised to be carried, and in the case of carts the weight to be carried, and the number of animals to be carried therein.

6. References to Grama Seva Niladharis.

The proper authority may, if to him it shall appear necessary, cause reference to be made to any Grama Seva Niladhari or other person to ascertain the truth of any statement in any declaration of ownership, and to delay granting the licence until the result of such reference is ascertained.

7. Register of licences. Extract there from prima facie evidence.

The proper authority shall keep a book in which shall be registered all the particulars stated in the licences granted by him; and every entry in such register shall be numbered in accordance with the number of the licence to which it has reference. Any authenticated copy or extract from such register shall be deemed prima facie evidence of the facts therein stated.

8. Number plate to be issued at the time when any vehicle is licensed.

(1) At the time when any vehicle is licensed or when the licence issued in respect thereof is renewed, the proper authority shall issue to the owner of that vehicle a plate to be fixed upon the vehicle as hereinafter provided. The plate shall have legibly painted or marked on it a number corresponding to the number mentioned in the licence of the vehicle; and the year in which the licence is granted or renewed shall be indicated on the plate which shall be in a form to be approved by the Minister, by means of figures, letters, or colours of a size, form, or kind, also to be approved by the Minister. And no plate, figures, letters, or colours, not so approved, shall be used.

(2) The plate shall be fixed upon the vehicle in such a manner that the year indicated as in subsection (1) and the number shall be at all times plainly and distinctly visible.

(3) In the case of carts, the plate shall be fixed on the off or right side of the frame, opposite to and within the circumference of the wheel and in front of the axle, but the Minister may by regulation made under section 16 direct that in any specified part of Sri Lanka the plate may be fixed in some other position.

(4) The plate shall be kept and continued so fixed so long as the licence shall remain in force:

Provided that when any plate has during the period of the licence become indistinct or defaced by use or otherwise, the owner shall return the same to the proper authority, and shall be entitled, on making a payment of twenty-five cents, to receive a fresh plate, and the above provisions shall apply to such fresh plate. The proper authority may, on his being satisfied by affidavit that any plate has been lost or stolen, issue a fresh plate on the application of the owner of the vehicle and on payment by him of twenty-five cents, and the provisions of this section shall apply to such fresh plate.

(5) Any owner who fails to return as aforesaid any plate which has become indistinct or defaced shall be guilty of an offence, and shall be liable to the punishment prescribed by section of this Ordinance.

9. Custody of licence.

The licence or any renewal thereof shall be retained by the owner of the vehicle.

10. Notice of transfer to be given.

(1) In case any vehicle licensed as aforesaid shall be transferred to another by sale, gift, or otherwise, the transferor and transferee shall notify the same to the proper authority within fourteen days from the date of such transfer, in order that such transfer may be entered in the register and a new licence issued to the transferee, in exchange for the licence issued to the transferor.

(2) Such new licence shall be on unstamped paper, and shall have the same duration as the licence issued to the transferor.

11. Notice to be given of vehicle destroyed or rendered unfit for use.

If any licensed vehicle shall be rendered wholly unfit for use, the owner thereof shall within fourteen days notify the fact to the proper authority, in order that the number may be erased from the register, and shall at the same time return to the proper authority the licence issued for such vehicle, together with the plate placed and fixed upon such vehicle.

12. Proper authority may issue licence in place of one lost or destroyed.

The proper authority may, on his being satisfied by affidavit that any licence has been lost or destroyed by accident or otherwise, issue an explication of the licence on the application of the owner of the vehicle.

13. New licence for the succeeding year.

(1) The owner of any licensed vehicle may apply to the proper authority on or before the thirty-first day of December of the year for which the licence was issued for the issue of a new licence for the following year, and when so applying shall return to the proper authority the licence held by him.

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