Municipal Traffic Laws Enforcement Act (Chapter 29:10)
Zimbabwe
Municipal Traffic Laws Enforcement Act
Chapter 29:10
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Commenced on 22 December 1961
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
This Act may be cited as the Municipal Traffic Laws Enforcement Act [Chapter 29:10]. In this Act—“default penalty” means a default penalty prescribed in terms of paragraph (b) of section nine;“fixed penalty” means a fixed penalty prescribed in terms of paragraph (a) of section nine;“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;“period of grace” means the period of four days following the giving of a notice in terms of subsection (1) of section four;“proceedings” means any criminal proceedings in respect of the act or omission constituting the offence specified in the notice under subsection (1) of section four;“revenue officer” means a revenue officer appointed under section 3 of the Stamp Duties Act [Chapter 23:09]. This Act shall apply to any offence committed in respect of a vehicle, for which offence a fixed penalty has been prescribed in terms of section nine, being an offence created—(a)by any by-law made by a municipal council under powers conferred upon it by any law for—(i)preventing the obstruction by means of a vehicle of any road, footway or other public place; or(ii)regulating, supervising or controlling—A. parking garages and parking places and the use thereof;B. bus stops, bus stations, bus termini and loading or off-loading areas for buses and other vehicles and the use thereof;C. parking meters or other devices for the regulation or control of the parking of motor vehicles; or(iii)the prohibition or regulation of the parking of vehicles in any road or sanitary lane; or(iv)the prohibition or regulation of the use of any road by vehicles generally or by any particular class of vehicles for the purpose of controlling traffic; or(b)by section 4 of the Foreign Representatives’ Parking Privileges Act [Chapter 3:02]; or(c)by section 43 of the Road Traffic Act [Chapter 13:11] in respect of failing to conform to indications given by a traffic sign erected under that Act for controlling the matters referred to in subparagraphs (i) to (iv) of paragraph (a). Payment of a fixed penalty, together with any default penalty that may have been prescribed under section four shall be made—(a)where the by-law or regulation which has been contravened was made by a municipal council designated by the Minister, by statutory instrument, to the town clerk or other officer of such municipal council duly authorized by it to receive the same; or(b)where the by-law or regulation which has been contravened was made by any other municipal council, to the revenue officer for the area under the jurisdiction of such municipal council. The sums received by a municipal council by way of fixed penalties and default penalties for any offences shall be paid—(a)where the offence concerned occurred in a local government area for which a housing account has been established in terms of section 301 of the Urban Councils Act [Chapter 29:15], to that account;(b)where the offence concerned occurred outside an area referred to in paragraph (a), to the parking account established by the municipal council in terms of section 191 of the Urban Councils Act [Chapter 29:15]. In any proceedings a certificate that payment of a fixed penalty and any default penalty was or was not made to the town clerk or other duly authorized officer of the municipal council concerned or revenue officer, as the case may be, by a date specified in the certificate shall, if the certificate purports to be signed by the town clerk, other duly authorized officer or revenue officer, as the case may be, be sufficient evidence of the facts stated, unless the contrary is proved. A notice given in terms of subsection (1) of section four shall specify—(a)the offence alleged, giving such particulars of the offence as are necessary to provide the person to whom it is given with reasonable information of the allegation;(b)the period of grace during which only the appropriate fixed penalty shall be payable, and the amount of such fixed penalty;(c)the default penalty which shall, in addition to the fixed penalty, be payable after the expiry of the period of grace and the amount of such default penalty;(d)the date of expiry of the period during which no criminal proceedings for the offence may be instituted and after which no payment pursuant to the notice shall be permitted:(e)the town clerk or other duly authorized officer of the municipal council to whom and the address at which payment of the appropriate fixed penalty and any default penalty may be paid. The Minister, after consultation with the Minister responsible for justice and the municipal council concerned, may prescribe—(a)in relation to any offence referred to in paragraph (a), (b) or (c) of section three, the fixed penalty that shall be payable, which penalty shall not be greater than one-third of the maximum fine prescribed by law in respect of such offence within the area under the jurisdiction of such council; and(b)in relation to any offence for which he has prescribed a fixed penalty in terms of paragraph (a), a default penalty that shall be payable, which penalty shall not be greater than one-third of the maximum fine prescribed by law in respect of such offence within the area under the jurisdiction of such council. A notice affixed to a vehicle under subsection (4) of section four shall not be removed or interfered with before the fixed penalty and any default penalty that may have been prescribed has been paid except by or under the authority of the owner, driver or person in charge of the vehicle, and any person contravening the provisions of this section shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or, in default of payment, to imprisonment for a period not exceeding one month. The Minister may by regulation make provision for all matters which he considers it necessary or expedient to provide for in order that the purposes of this Act may be achieved, and, in particular—(a)for prescribing, the forms of notice and declaration under sections four and eleven;(b)for prescribing the fixed and any default penalty for an offence in respect of each municipality.1. Short title
2. Interpretation
3. Application of Act
4. Notice may be given in respect of certain offences
5. Person to whom fixed penalty to be paid
6. Application of sums received by way of fixed penalties
7. Evidence of payment or non-payment of fixed penalty
8. Particulars to be included in notice
9. Amount of fixed penalty and default penalty
10. Penalty for interference with notice affixed to vehicle
11. Rights under section 356 of Cap. 9:07 modified
12. Regulations