CHAPTER VII

CONTROL OF TRAFFIC

75. Limits of speed.– (1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed fixed for the vehicle by or under this Ordinance or by or under any other law for the time being in force:

Provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in the Eighth Schedule.

(2) Government or any authority authorized in this behalf by Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the official Gazette, fix such maximum speed limits as it thinks fit for motor vehicles or any specified class of motor vehicles or for motor vehicles to which a trailer is attached either generally or in a particular area or on a particular road or roads, and where any such restrictions are imposed, cause appropriate traffic signs to be placed or erected under section 79 at suitable places in such area or on or near such road or bridge, as the case may be.

(3) Nothing in this section shall apply to any vehicle registered under section 40 while it is being used in the execution of military manoeuvres within the area and during the period specified in a notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938.

76. Limit of weight and limitation on use.– (1) Government may prescribe conditions for the issue of permits for heavy transport vehicles by the Provincial or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route within the Province.

(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.

(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer–

(a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle; or

(b) the laden weight of which exceeds the registered laden weight specified in the certificate of registration; or

(c) any axle weight which exceeds the maximum axle weight specified for that axle in the certificate of registration.

(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.

77. Power to have vehicle weighed.– Any person authorized in this behalf by Government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 76, require the driver to convey the vehicle to a weighing device, if any, within a distance of one mile from any point on the forward route or within a distance of five miles from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 76 regarding weight, he may, by order in writing, direct the driver to convey the vehicle or trailer to the nearest place to be specified in the order, where facilities exist for the storage of goods, and not to remove the vehicle or trailer form that place until the laden weight or axle weight has been reduced or the vehicle has otherwise been treated so that it complies with the provisions of the last preceding section.

78. Power to restrict the use of vehicles.– Government or any authority authorized in this behalf by Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class of motor vehicles or the use of trailers either generally in a specified area or on a specified road, or bridge, and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 79 at suitable places in such area or on or near such road or bridge, as the case may be:

Provided that where any prohibition or restriction under this section is to remain in force for a period of not more than one month, notification thereof shall not be necessary.

79. Power to erect traffic signs.– (1) Government or any authority authorized in this behalf by Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of regulating motor vehicle traffic.

(2) Traffic signs erected under this Chapter for any purpose for which provision is made in the Ninth Schedule shall be of the size, colour and type and shall have the meanings set forth in the Ninth Schedule, but Government or any authority empowered in this behalf by Government may make or authorise the addition to any sign set forth in the said Schedule of transcription of the words, letters or figures thereon in such script as Government may think fit:

Provided that the transcription shall be of similar size and colour to the words, letters or figures set forth in the Ninth Schedule.

(3) Except as provided by this Chapter, no traffic sign shall, after the commencement of this Ordinance, be placed or erected on or near any road; but all traffic signs erected prior to the commencement of this Ordinance by any competent authority shall for the purposes of this Ordinance be deemed to be traffic signs erected under the provisions of this Chapter.

(4) Government or any authority authorized under sub-section (1) may remove or cause to be removed any sign or advertisement which, in its opinion, is so placed as to obscure any traffic sign from view or any sign or advertisement which is, in its opinion so similar in appearance to a traffic sign as to be misleading.

80. Parking places and halting stations.– Government or any authority authorized in this behalf by Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for taking up and setting down of passengers.

81. Main roads.– Government or any authority authorized by it in this behalf may, by notification in the official Gazette or by the erection at suitable places of the appropriate traffic signs referred to in [Part III] of the Ninth Schedule, designate certain roads as main roads for the purposes of the regulations contained in the Tenth Schedule.

82. Duty to obey traffic signs.– (1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by a mandatory traffic sign and in conformity with the driving regulations set forth in the Tenth Schedule, and shall comply with all directions given by any electrical traffic signalling device or by any police officer engaged in the regulation of traffic in any public place.

(2) In this section “mandatory traffic sign” means traffic sign included in [Part III] of the Ninth Schedule, of any traffic sign of similar form (that is to say, consisting of or including a circular disc displaying a device, word or figure and having a red ground or border) erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 79.

83. Signals and signalling devices.– The driver of a motor vehicle shall on the occasions specified in the Eleventh Schedule make the signal specified therein:

Provided that the signals of an intention to turn to the right or left or to stop may be given by a mechanical or an electrical device of a prescribed nature affixed to the vehicle.

84. Vehicles with left hand control.– No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order.

85. Leaving vehicle in dangerous position.– No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to remain at rest on any road in such a position or in such a condition or in such circumstances as to cause or be likely to cause danger, obstruction or undue inconvenience to other users of the road.

86. Riding on running boards.– No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle:

Provided that Government may, by notification in the official Gazette, permit, in such areas as may be specified in the notification, the Civil Armed Forces, the Frontier Constabulary, the West Pakistan Rangers and the Armed Police to have an armed picket on the running board of a motor vehicle or otherwise than within the body of the vehicle.

87. Obstruction of driver.– No person driving a motor vehicle shall allow any person to stand or sit or anything to be placed in such manner or position as to hamper the driver in his control of the vehicle.

88. Stationary vehicles.– No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver’s seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver.

89. Pillion riding.– No driver of a two wheeled motor cycle shall carry more than one person in addition to himself on the cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the cycle behind the driver’s seat.

[89-A. Rider to wear helmet.– No person shall drive, or ride the pillion seat of, a two-wheeled motor vehicle except when he is wearing a crash helmet.

Explanation– In this section, “crash helmet” means a helmet made of such material and meeting such other requirements as may be prescribed.]

90. Duty to produce licence and certificate of registration.– (1) The driver of a motor vehicle in any public place, shall, on demand by any police officer in uniform or any officer of the Transport Department not below the rank of Sub-Inspector, on production if so required of his authority, produce his licence and the certificate of registration of the vehicle and where, the vehicle is transport vehicle, the certificate of fitness and the permit of the vehicle referred to in section 39 and 44, respectively for examination.

(2) The owner of a motor vehicle, or in his absence the driver or other person in charge of the vehicle shall, on demand by a registering authority or any person authorized in this behalf by Government, produce the certificate of registration of vehicle and, where the vehicle is a transport vehicle, the certificate of fitness referred to in section 39.

(3) If the licence or certificates, as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificate within ten days at any police station in the Province which he specifies, to the officer or authority making the demand:

Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to a driver driving as a paid employee, or to the driver of a transport vehicle or to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle.

91. Railway crossing.– (1) The driver of a transport vehicle who desires to pass over [an un-manned] railway level crossing shall cause the vehicle to stop before the crossing and shall not attempt to pass over the crossing unless the conductor of the vehicle, or where the vehicle has no conductor, a person authorized in this behalf by the owner of the vehicle in writing other than the driver of the vehicle, walks before the vehicle until it has cleared the railway lines.

(2) The name and particulars of the persons authorized by the owner under sub-section (1) shall be reported by the owner to the Registration Authority.

(3) A person shall not be deemed to have been authorized by owner of the vehicle for the purposes of sub-section (1) unless he has in his possession at the time of performing the act required to be done under that sub-section the written authority of the owner in this behalf.

92. Duty of driver to stop in certain cases.– (1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as may reasonably be necessary–

(a) when required to do so by any police officer in uniform, or

(b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle, will become unmanageable, or

(c) when the vehicle is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle was or was not the cause of the accident or damage,

and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address.

(2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 99, give his name and address to that person.

(3) In this section the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep or goat.

93. Duty of owner of motor vehicles to give information.– The owner of a motor vehicle the driver of which is accused of any offence under this Ordinance shall, on the demand of any police officer or an officer of the Transport Department authorized in this behalf by Government, give all information regarding the name and address of and the licence held by the driver which is in his possession or could by the exercise of due diligence be ascertained by him.

94. Duty of driver in case of accident and injury to a person, animal or damage to property.– When any accident occurs, in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall–

(a) if any person is injured as a result of such accident, take all reasonable steps to secure medical attention for the person so injured, and, if necessary, convey him to the nearest hospital, unless the injured person or his guardian, in case he is a minor, desires otherwise;

(b) if any animal is injured as a result of such accident, take steps and endeavour to locate and report the matter to the owner or custodian of the animal so injured and take all reasonable steps to secure medical attention, if necessary, for the animal;

(c) if any damage has been caused to any property as a result of such accident, take reasonable steps to report the damage to the party sustaining the damage; and

(d) give on demand by a police officer or an officer of the Transport Department authorized in this behalf by Government any information required by such officer relating to the occurrence, or, if no such officer is present, report the circumstances of occurrence at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence.

[94-A. Duty of police officer in case of accident giving rise to claim for compensation.– When an accident giving rise to a claim for compensation under section 67 is reported at a police station, the officer-in-charge of the police station shall immediately forward a copy of the first information report or the relevant extract of the daily diary, as the case may be, to the Claims Tribunal within whose jurisdiction the accident has taken place.]

95. Inspection of vehicle involved in accident.– When any accident occurs in which a motor vehicle is involved, any person authorized in this behalf by Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:

Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned without unnecessary delay, and in no case later than forty-eight hours of its removal.

96. Power to make rules.– (1) Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the nature of the mechanical or electrical signalling devices which may be used on motor vehicles;

(b) the erection of electrical traffic signalling devices, and the types of such devices that may be installed;

(c) the removal and the safe custody of vehicles, including their loads, which have broken down or which have been left standing or have been abandoned on roads;

(d) the installation and use of weighing devices;

(e) the exemption from all or any of the provisions of this Chapter of emergency vehicles and other special classes of vehicles, subject to such conditions as may be prescribed;

(f) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use;

(g) prohibiting the driving down hill of a motor vehicle with the gear disengaged, either generally or in specified place;

(h) prohibiting the taking hold of or mounting of a motor vehicle in motion;

(i) prohibiting the use of foot paths or pavements by motor vehicles;

(j) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic.

CHAPTER VIII

OFFENCES, PENALTIES AND PROCEDURE

97. Offences relating to licences.– Whoever, being disqualified under this Ordinance for holding or obtaining a licence, drives a motor vehicle in a public place or applies for or obtains a licence or, not being entitled to have a licence issued to him free of endorsement, applies for or obtains a licence without disclosing the endorsements made on a licence previously held by him, or being disqualified under this Ordinance for holding or obtaining a licence, uses a licence such as is referred to in sub-section (2) of section 10, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and any licence so obtained by him shall be of no effect; and if the vehicle so driven is a transport vehicle or, the licence so applied for, obtained or used is a licence to drive a transport vehicle, shall be punished with imprisonment which may extend to two years and with fine which may extend to rupees one thousand, and any licence so obtained by him shall be of no effect.

98. Driving at excessive speed.– (1) Whoever drives a motor vehicle in contravention of section 75 shall be punished with fine which may extend to one hundred rupees, and when the vehicle is a transport vehicle, with a fine which shall not be less than one hundred rupees and which may extend to five hundred rupees.

(2) Whoever causes any person who is employed by him or is subject to his control to drive a motor vehicle in contravention of section 75 shall be punished with fine which may extend to two hundred rupees, and when the vehicle is a transport vehicle, with a fine which may extend to five hundred rupees.

(3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device.

(4) The publication of a time table under which, or the giving of any direction that any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for the journey or part of a journey to be completed in the specified time without infringing the provisions of section 75, be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under sub-section (2).

99. Driving recklessly or dangerously.– (1) Whoever drives a motor vehicle at a speed or in a manner which is dangerous to human life or property having regard to all the circumstances of the case, including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, and if the vehicle be a transport vehicle, with imprisonment which may extend to one year and with a fine which may extend to one thousand rupees.

(2) Whoever, having been previously convicted of an offence specified in sub-section (1) shall, within three years of such conviction, be guilty of an offence punishable under that sub-section, shall be subject for every such subsequent offence to imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both, and where the vehicle is a transport vehicle, with imprisonment which may extend to four years and with fine which may extend to one thousand rupees.

100. Driving while under the influence of drink or drugs.– Whoever while driving or attempting to drive a motor vehicle is under the influence of drink or a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and if having been previously convicted of such an offence, shall again be guilty of an offence punishable under this section, shall be subject for every such subsequent offence to imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

101. Driving when mentally or physically unfit to drive.– Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punished with fine which may extend to two hundred rupees, and if having been previously convicted of such an offence, shall again be guilty of an offence punishable under this section, shall be subject for every such subsequent offence to fine which may extend to five hundred rupees.

102. Punishment for abetment of certain offences.– Whoever abets the commission of an offence under section 99, 100 or 101, shall be punishable with the punishment provided for the offence.

103. Racing and trials of speed.– Whoever, without the written consent of Government, permits or takes part in a race or trial of speed between motor vehicles in any public place shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

104. Using vehicle in unsafe condition.– Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or if as a result of such defect an accident causing bodily injury to any person or animal or damage to property takes place, with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

105. Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance.– Whoever, being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would be in contravention of Chapter VI or any rule made thereunder or alters the motor vehicle or trailer so as to render its condition such that its use in a public place would be in contravention of Chapter VI or any rule made thereunder shall be punished with fine which may extend to two hundred rupees:

Provided that no person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had been put into a condition in which it might lawfully be so used.

106. Using vehicle without permit.– Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or lets out a motor vehicle for use in contravention of the provisions of sub-section (1) of section 44 shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, and if having been previously convicted of such an offence, shall again be guilty of an offence punishable under this section, shall be subject for every such subsequent offence to imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or of food or materials to relieve distress or of medical supplies for a like purpose; provided that the person using the vehicle reports such use to the Regional Transport Authority within seven days.

107. Driving vehicle exceeding permissible weight.– Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 76 or of the conditions of any permit issued thereunder, or in contravention of any prohibition or restriction imposed under section 78 shall be punished with fine which may extend to one hundred rupees, and if having been previously convicted of such an offence, shall again be guilty of an offence under this section, shall be subject for every such subsequent offence to fine which may extend to five hundred rupees.

108. Penalty for failing to stop in case of accident or failure to furnish information, etc.– Whoever contravenes the provisions of clause (c) of sub-section (1) of section 92 or any of the provisions contained in section 94 or furnishes any information required to be furnished thereunder which he knows to be false shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

109. Taking vehicle without authority.– Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punished with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both:

Provided that no accused person shall be convicted under this section if the Court is satisfied that the accused acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked to do so.

110. Unauthorized interference with vehicle.– Whoever otherwise than with lawful authority or reasonable excuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punished with imprisonment which may extend to one month or with fine which may extend to two hundred rupees, or with both.

111. Disobedience of orders, obstruction and refusal of information.– Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Ordinance to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Ordinance to discharge, or, being required by or under this Ordinance to supply any information, withholds such information or gives information which he knows to be false or which he does not believe to be true shall, if no other penalty is provided for the offence, be punished with fine which may extend to two hundred rupees.

[111-A. Penalty of contravention of rules relating to appliances.– Whoever carries in any motor vehicle any appliance the carrying of which is prohibited by rules made under section 74 shall be punished with fine which may extend to five hundred rupees and such appliance shall be forfeited to Government.]

112. General provision for punishment of offences not otherwise provided for.– Whoever contravenes any provision of this Ordinance or of any rules made thereunder shall, if no other penalty is provided for the offence under this Ordinance, be punished with fine which may extend to one hundred rupees, and if having been previously convicted of such an offence, shall again be guilty of an offence punishable under this section, shall be subject for every such subsequent offence to fine which may extend to five hundred rupees.

[112-A. Penalty for fabricating or counterfeiting emergency light or any other distinctive sign.– Whoever displays an emergency light or fabricates or counterfeits any other distinctive sign on a vehicle portraying the same to belong to Government or any emergency service or working as an emergency vehicle in violation of rules prescribed by Government shall be punished with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]

113. Power of arrest without warrant.– (1) A police officer in uniform may arrest without warrant any person who commits in his view an offence punishable under section 99 or section 100 or section 110:

Provided that any person so arrested in connection with an offence punishable under section 100 shall be subjected to a medical examination by a registered medical practitioner within two hours of his arrest, and if not so subjected within the said period of two hours shall be released from custody.

(2) A police officer in uniform may arrest without warrant–

(a) any person who being required under the provisions of this Ordinance to give his name and address refuses to do so or gives a name and address which the police officer has reason to believe to be false, or

(b) any person concerned in an offence under this Ordinance or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of a summons.

(3) A police officer arresting without warrant the driver of a motor vehicle shall, if the circumstances so required, take or cause to be taken any steps he may consider proper for the temporary disposal and safe custody of the vehicle.

114. Power of police officer to seize documents.– (1) Any police officer authorised in this behalf or other person authorized in this behalf by Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced before him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Pakistan Penal Code, seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.

(2) Any police officer authorized in this behalf by Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Ordinance may abscond or otherwise avoid the service of a summons, seize any licence held by such driver, and forward it to the Court taking cognizance of the offence, and the said Court may, on the appearance of such driver before it and on such terms as to security as it may deem fit, return the licence to him, and require him to surrender any temporary acknowledgment given to him under sub-section (3).

(3) A police officer seizing a licence under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgment thereof and such acknowledgment shall authorise the holder to drive any motor vehicle specified in his licence until the licence has been returned to him or up to a date which the police officer shall specify in the temporary acknowledgment whichever is earlier:

Provided that where for any cause in respect of which the holder of the licence is not at fault, he is unable to appear in the Court before the temporary acknowledgment ceases to be effective, any magistrate or a police officer authorized by Government in this behalf may, on application made to him, substitute a later date in the temporary acknowledgment given under this sub-section.

115. Power to detain vehicle used without certificate of registration or permit.– Any police officer authorized in this behalf or other person authorized in this behalf by Government may if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of sub-section (1) of section 23 or without the permit required by sub-section (1) of section 44 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle.

116. Summary disposal of cases.– (1) A Court taking cognizance of an offence under this Ordinance shall, unless for reasons to be recorded in writing, the Court directs otherwise or when the offence is an offence specified in Part A of the Fifth Schedule state upon the summons to be served on the accused person that he–

(a) may appear by pleader and not in person, or

(b) may by a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the Court such sum not exceeding seventy-five rupees as the Court may specify.

(2) Where the offence dealt with in accordance with sub-section (1) is an offence specified in Part B of the Fifth Schedule, the accused person shall, if he pleads guilty to the charge, forward his licence to the Court with the letter containing his plea in order that the conviction may be endorsed on the licence.

(3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (2), no further proceedings in respect of the offence shall be taken against him, nor shall he be liable to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.

[116-A. Ticketing System.– (1) A Police Officer in uniform not below the rank of Head Constable, may, notwithstanding anything to the contrary contained in this Ordinance, or any other law for the time being in force, charge on the spot any person committing in his view an offence mentioned in the Twelfth Schedule in respect of a motor vehicle.

(2) A Police Officer acing under sub-section (1) shall draw up a charge on five copies on Form-J and shall–

(a) forthwith deliver three copies thereof to the offender, who shall acknowledge its receipt under his signatures or thumb-impression, as the case may be;

(b) forward the fourth copy along with seized document to the branch of the bank, post office or traffic sector office wherefrom the offender will get back his seized document after payment of the fine; and

(c) retain the fifth copy for record.

(3) A person charged with an offence under this section shall, if he does not want to contest the charge, pay within ten days from the date of delivery of the charge to him under sub-section (2), the penalty specified for the offence in the Twelfth Schedule, as mentioned in the charge, through cash in the notified branch of the bank of the town, or post office or traffic sector office as indicated in the charge.

(4) Where the accused person pleads guilty and pays the prescribed fine and has complied with the provisions of sub-section (3), no further proceedings in respect of the offender shall be taken against him.

(5) The bank, post office or the traffic sector office shall retain one copy of the charge for record, send second copy to the treasury and shall hand over the third copy to the depositor.

(6) If the fine is not paid in the manner provided in sub-section (3), the Police Officer drawing up the charge shall institute a complaint against the offender before the court having jurisdiction to try that offence.

(7) If during the trial, the offender is found guilty of the offence by the trial court, he shall be convicted to fine double to that mentioned in the charge.]

117. Restriction on conviction.– No person prosecuted for an offence punishable under section 99 [* * *] shall be convicted unless–

(a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or

(b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence 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 person registered as the owner of the vehicle at the time of the commission of the offence, or

(c) within twenty-eight days from the commission of the offence, a summons for the offence was served on him:

Provided that nothing in this section shall apply where the Court is satisfied that–

(a) the failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or

(b) such failure was brought about by the conduct of the accused.

118. Jurisdiction of Courts.– No Court inferior to that of a magistrate of the second class shall try any offence punishable under this Ordinance or any rules made thereunder.

CHAPTER IX

MISCELLANEOUS

119. Publication of and commencement of rules.– (1) Every power to make rules given by this Ordinance is subject to the condition of the rules being made after previous publication.

(2) All rules made under this Ordinance shall be published in the official Gazette, and shall, unless some later date is appointed, come into force on the date of such publication.

120. Appointment of motor vehicles officers.– (1) Government may, for the purpose of carrying into effect the provisions of this Ordinance establish a Motor Vehicles Department and a Transport Department and appoint as officers thereof such persons as it thinks fit.

(2) Every such officer shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code.

(3) Government may make rules to regulate the discharge by officers of the Motor Vehicles Department and the Transport Department of their functions, and in particular and without prejudice to the generality of the foregoing power, to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers to be exercised by them, and the conditions governing the exercise of such powers.

121. General provisions regarding appeals to prescribed appellate authorities.– (1) An appeal under sub-section (3) of section 14, sub-section (3) of section 16, sub-section (4) of section 17, sub-section (1) of section 36 or section 66 shall not operate as a stay of the order or proceedings under the order appealed from, except so far as the appellate authority may direct.

(2) In an appeal under this Ordinance, the order appealed from shall not be altered or reversed merely on account of any error, omission or irregularity, not materially affecting the merits, in the procedure or order of the original authority.

122. Repeal and savings.– (1) The enactments specified in the [Fourteenth] Schedule are hereby repealed to the extent specified against each.

(2) Notwithstanding the repeal of the enactments specified in the Twelfth Schedule, everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, licence, certificate or permit granted, rule made and order issued under any of the provisions of the said enactments shall, if not inconsistent with the provisions of this Ordinance, continue in force and, so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, granted, made or issued under this Ordinance.

THE SCHEDULES

^{______________}

FIRST SCHEDULE

FORMS

Form A

[See SECTION 7 (2)]

FORM OF APPLICATION FOR LICENCE TO DRIVE A MOTOR VEHICLE

SECTION I

APPLICATION

I apply for a licence to enable me to drive

as a paid employee

*otherwise than as a paid employee

vehicles of the following description:-

(a) motor cycles,

(b) motor cars,

(c) invalid carriages,

(d) motor cabs,

(e) delivery vans,

(f) light transport vehicles *including public service vehicle,

excluding

(g) heavy transport vehicles *including public service vehicle,

excluding

(h) tractors,

(i) road-rollers,

(j) locomotives,

(k) a vehicle of a special type (description attached) constructed or adopted to be driven by me.

SECTION II

PARTICULARS TO BE FURNISHED BY THE APPLICANT

1. Full name and name of father___________________________________

2. Permanent address__________________________________________

3. Temporary address__________________________________________

4. Age on the date of the application_______________________________

[4-A. Identity Card Number________________________________________ ]

5. Particulars of any licence previously held by applicant_________________

6. Particulars and date of every conviction which has been ordered to be endorsed on any licence held by the applicant.

7. Have you been disqualified for obtaining a licence to drive. If so give date, testing authority and result of test.

SECTION III

DECLARATION AS TO PHYSICAL FITNESS OF APPLICANT

The applicant is required to answer “Yes” or “No” in the space provided opposite each question–

(a) Do you suffer from epilepsy, or from sudden attacks of disabling giddiness or fainting?

(b) Are you able to distinguish with each eye at a distance of twenty-five yards in good daylight (with glasses, if worn) a motor car number plate containing seven letters and figures?

(c) Have you lost either hand or foot or are you suffering from any defect in movement, control, or muscular power of either arm or leg?

(d) Can you readily distinguish the pigmentary colours red and green?

(e) Do you suffer from night blindness?

(f) Do you suffer from a defect of hearing?

(g) Do you suffer from any other disease or disability likely to cause your driving of a motor vehicle to be source of danger to the public?

If so, give particulars.

I declare that to the best of my information and belief the particulars given in Section II and the declaration made in Section III hereof are true.

Note– An applicant who answers “Yes” to questions (b) and (c) in the declaration and “No” to the other questions may claim to be subjected to a test as to his competency to drive vehicles of a specified type or types.

___________________________

Signature or thumb-impression

of applicant

Dated 19

CERTIFICATE OF TEST OF ABILITY TO DRIVE

The applicant has passed/failed in the test specified in the Third Schedule to the [Provincial] Motor Vehicles Ordinance, 1965. The test was conducted on *________________ at on (date)

___________________________

Signature of Testing Authority

___________________________

Signature or thumb-impression

of applicant

*(Here enter description of vehicle).