48. Offences in relation to licences
(1) A person who:
(a) in applying for a licence, knowingly makes any false statement; or
(b) employs or permits to drive a motor vehicle on a road any other person who is not the holder of a licence issued to him in respect of motor vehicles of the class concerned; or
(c) being the holder of a licence, allows the licence to be used by any other person;
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(2) A person who, being the holder of a licence which is required to be endorsed in terms of section fifty-seven and has not been so endorsed uses such licence after the expiry of a period of seven days from the date on which such requirement arose shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(3) A court convicting a person of an offence in terms of subsection (1) or (2) may, subject to Part IX, prohibit the person from driving for such period as such court thinks fit.
49. Offences in relation to prohibition from driving
(1) In subsection (4):
“special circumstances” means special circumstances:
(a) surrounding the commission of the offence concerned; or
(b) peculiar to the offender.
(2) A person who, whilst prohibited from driving, whether in terms of this Act or section 5 of the Road Motor Transportation Act [Chapter 13:10] or a law in force in a country outside Zimbabwe on grounds which would be a cause for prohibition from driving in terms of this Act or that section:
(a) obtains a licence to drive a motor vehicle of a class which he is prohibited from driving; or
(b) drives on a road a motor vehicle or, if the prohibition from driving is limited to the driving of motor vehicles of a particular class, a motor vehicle of such class;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment:
(i) in the case of a person prohibited from driving otherwise than during his lifetime, to a fine not exceeding level six or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.; or
(ii) in the case of a person prohibited from driving during his lifetime, to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(3) A licence obtained in the circumstances described in subsection (2) shall be invalid.
(4) It shall not be necessary for a court to impose a sentence of imprisonment in terms of subsection (2) if the court:
(a) is of the opinion that there are special circumstances in the case which justify the imposition of a sentence of a fine not exceeding level four; and
[Paragraph amended by section 38 of Act 3 of 2000 and by section 4 of Act 22 of 2001.]
(b) endorses the special circumstances referred to in paragraph (a) on the record of the case when passing sentence.
(5) A court convicting a person of an offence in terms of subsection (1) may, subject to Part IX, prohibit the person from driving for such period as such court thinks fit.
50. Exceeding speed limits
(1) Subject to subsection (2), a person who drives a vehicle on a road at a speed in excess of the appropriate maximum speed which:
(a) has been provided for or fixed in terms of one or other of the provisions referred to in the definition of “maximum speed” in subsection (1) of section forty-one in respect of the road; or
[Paragraph amended by section 15 of Act 3 of 2000.]
(b) is deemed in terms of subsection (4) of section forty-one to be applicable to the road;
as the case may be, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by section 15 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(1a) Subject to subsection (2), any person who drives a vehicle on a road at a speed that is slower than the appropriate minimum speed provided for in respect of that road in terms of one or other of the provisions referred to in the definition of “minimum speed” in subsection (1) of section forty-one shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection inserted by section 15 of Act 3 of 2000 section 4 of Act 22 of 2001.]
(2) No person shall be convicted of an offence in terms of subsection (1) or (1a) unless:
[As mended by section 15 of Act 3 of 2000.]
(a) he was warned at the time the offence was committed that the question of prosecuting him for the offence would be considered; or
(b) within fourteen days of the commission of the offence:
(i) a summons for the offence was served on him; or
(ii) a notice of the intended prosecution, specifying the nature of the offence alleged and the time when, the date on which and the place where the offence 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 concerned at the time of the commission of the offence:
Provided that:
(i) failure to comply with the requirements of this subsection shall not be a bar to the conviction of the accused in any case in which the court is satisfied that:
(a) neither the name and address of the accused nor the name and address of the registered owner of the vehicle concerned could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent, as the case may be, in terms of paragraph (b) of this subsection; or
(b) the accused by his own conduct contributed to such failure;
(ii) the requirements of this subsection shall in every case be deemed to have been complied with unless and until the contrary is proved.
(3) No person shall be convicted of an offence in terms of subsection (1) or (1a) merely on the evidence of one witness solely to the effect that, in the opinion of such witness, the accused was driving a vehicle at a speed greater than the appropriate maximum speed or at a speed slower than the appropriate minimum speed, as the case may be, referred to in the subsection concerned in respect of vehicles of the same class as the vehicle driven by the accused.
[Subsection amended by section 15 of Act 3 of 2000.]
(4) A court convicting a person of an offence in terms of subsection (1) or (1a) involving the driving of a motor vehicle may, subject to Part IX, prohibit the person from driving for such period as such court thinks fit.
[Subsection amended by section 15 of Act 3 of 2000.]
51. Driving without due care and attention or reasonable consideration for others
(1) A person who drives a vehicle on a road without due care and attention or reasonable consideration for other persons using the road shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by section 38 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(2) A court convicting a person of an offence in terms of subsection (1) involving the driving of a motor vehicle may, subject to Part IX, prohibit the person from driving for such period as such court thinks fit.
52. Negligent or dangerous driving
(1) In subsection (4):
“special circumstances” means special circumstances surrounding the commission of the offence concerned, but does not include special circumstances peculiar to the offender.
(2) A person who drives a vehicle on a road:
(a) negligently; or
(b) at a speed or in a manner dangerous to the public, regard being had to:
(i) all the circumstances of the case, including the condition, nature and use of the road; and
(ii) the amount of traffic which is actually, or which might reasonably be expected to be, at the time on the road;
shall be guilty of an offence and liable:
(i) where the vehicle concerned was a commuter omnibus or a heavy vehicle, to a fine not exceeding level ten or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment; or
(ii) in any other case, to a fine not exceeding level seven or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment
[Subsection amended b section 16 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(3) A person charged with an offence in terms of:
(a) subsection (1) may be found guilty of an offence in terms of section fifty-one; or
(b) paragraph (a) or (b) of subsection (1) may be found guilty of an offence in terms of paragraph (b) or (a), as the case may be, of that subsection;
if such are the facts proved.
(4) Subject to Part IX, a court convicting a person of an offence in terms of subsection (1) involving the driving of a motor vehicle:
(a) may, subject to paragraph (c), if the person has not previously been convicted of such an offence or of an offence, whether in terms of a law of Zimbabwe or any other law, of which the dangerous, negligent or reckless driving of a motor vehicle on a road is an element within a period of five years immediately preceding the date of such first-mentioned conviction, prohibit the person from driving for such period as such court thinks fit;
[Paragraph amended by section 16 of Act 3 of 2000.]
(b) shall, subject to paragraph (c), if the person has previously been convicted of an offence referred to in paragraph (a) within the period referred to in that paragraph, prohibit the person from driving for such period as such court thinks fit and, if the person is the holder of a licence, cancel the licence in respect of motor vehicles of the class to which such prohibition from driving extends;
[Paragraph amended by section 16 of Act 3 of 2000.]
(c) in the case of an offence involving the driving of a commuter omnibus or a heavy vehicle, shall prohibit the person from driving for a period of not less than two years:
Provided that the court may decline to prohibit the person from driving in terms of paragraph (b) or (c) if it:
(a) considers that there are special circumstances in the case which justify the court in so declining; and
(b) endorses the special circumstances referred to in paragraph (a) on the record of the case when passing sentence.
[Subsection amended by section 16 of Act 3 of 2000.]
53. Reckless driving
(1) In subsection (4):
“similar offence” means an offence in terms of subsection (2) involving the driving of a motor vehicle or an offence, whether in terms of a law of Zimbabwe or any other law, of which the dangerous, negligent or reckless driving of a motor vehicle on a road is an element;
“special circumstances” means special circumstances surrounding the commission of the offence concerned, but does not include special circumstances peculiar to the offender.
(2) A person who drives a vehicle on a road recklessly shall be guilty of an offence and liable:
(a) subject to section eighty-eight A, where the vehicle concerned was a commuter omnibus or a heavy vehicle, to imprisonment for a period not exceeding fifteen years and not less than two years; or
(b) in any other case, to a fine not exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
[Subsection substituted by section 17 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(3) A person charged with an offence in terms of subsection (2) may be found guilty of an offence in terms of section fifty-one or fifty-two, if such are the facts proved.
(4) Subject to Part IX, a court which convicts a person of an offence in terms of subsection (1) involving the driving of a motor vehicle shall:
(a) if the person has not previously been convicted of a similar offence within a period of ten years immediately preceding the date of such first-mentioned conviction:
(i) in the case of a first-mentioned conviction which does not relate to the driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving for a period of not less than six months; or
(ii) in the case of a first-mentioned conviction which does relate to the driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving:
A. a motor vehicle other than a commuter omnibus or a heavy vehicle for a period of not less than six months; and
B. a commuter omnibus or a heavy vehicle during his lifetime; or
(b) if the person has previously been convicted of a similar offence within the period referred to in paragraph (a):
(i) in the case of a second conviction:
A. which does not relate to the driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving for a period of not less than twelve months; or
B. which does relate to the driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving:
I. a motor vehicle other than a commuter omnibus or a heavy vehicle for a period of not less than twelve months; and
II. a commuter omnibus or a heavy vehicle during his lifetime; or
(ii) in the case of a third or subsequent conviction, prohibit the person from driving during his lifetime;
and shall, if the person is the holder of a licence, cancel the licence in respect of motor vehicles of the class to which such prohibition from driving extends:
Provided that such court may decline to prohibit the person from driving if it:
(a) considers that there are special circumstances in the case which justify the court in so declining; and
(b) endorses the special circumstances referred to in paragraph (a) on the record of the case when passing sentence.
54. Driving with prohibited concentration of alcohol in blood
(1) In subsection (4):
“similar offence” means an offence in terms of subsection (2) or of subsection (2) of section fifty-five involving the driving or attempted driving of a motor vehicle or an offence, whether in terms of a law of Zimbabwe or any other law, of which the driving or attempted driving of a motor vehicle on a road while under the influence of alcohol or a drug or of alcohol and a drug or while the concentration of alcohol in his blood is not less than eighty milligrams per one hundred millilitres, as the case may be, is an element;
“special circumstances” means special circumstances surrounding the commission of the offence concerned, but does not include special circumstances peculiar to the offender.
(2) A person who on a road drives or attempts to drive a vehicle while the concentration of alcohol in his blood is not less than eighty milligrams per one hundred millilitres shall be guilty of an offence and liable:
(a) subject to section eighty-eight A, where the vehicle concerned was a commuter omnibus or a heavy vehicle, to imprisonment for a period not exceeding ten years and not less than one year; or
(b) in any other case, to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
[Subsection substituted by section 18 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(3) If, in any prosecution for an offence in terms of subsection (2), it is proved that the concentration of alcohol in the blood of the accused was not less than a certain number of milligrams per one hundred millilitres at any time after the alleged offence, it shall be presumed, unless the contrary is proved, that such concentration was not less than such number of milligrams per one hundred millilitres at the time of the alleged offence.
[Subsection amended by section 18 of Act 3 of 2000.]
(4) Subject to Part IX, a court which convicts a person of an offence in terms of subsection (1) involving the driving or attempted driving of a motor vehicle:
(a) if the person has not previously been convicted of a similar offence within a period of ten years immediately preceding the date of such first-mentioned conviction:
(i) in the case of a first-mentioned conviction which does not relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, may prohibit the person from driving for such period as such court thinks fit; or
(ii) in the case of a first-mentioned conviction which does relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle:
A. may prohibit the person from driving a motor vehicle other than a commuter omnibus or a heavy vehicle for such period as such court thinks fit; and
B. shall prohibit the person from driving a commuter omnibus or a heavy vehicle during his lifetime; or
(b) if the person has previously been convicted of a similar offence within the period referred to in paragraph (a):
(i) in the case of a second conviction:
A. which does not relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, shall prohibit the person from driving for such period as such court thinks fit; or
B. which does relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, shall prohibit the person from driving:
I. a motor vehicle other than a commuter omnibus or a heavy vehicle for such period as such court thinks fit; and
II. a commuter omnibus or a heavy vehicle during his lifetime; or
(ii) in the case of a third or subsequent conviction, shall prohibit the person from driving during his lifetime:
Provided that such court may decline to prohibit the person from driving if it:
(a) considers that there are special circumstances in the case which justify the court in so declining; and
(b) endorses the special circumstances referred to in paragraph (a) on the record of the case when passing sentence.
[Subsection amended by section 18 of Act 3 of 2000.]
(5) Where a court in terms of:
(a) subparagraph (ii) of paragraph (a) of subsection (4) prohibits a person from driving a commuter omnibus or a heavy vehicle; or
(b) paragraph (b) of subsection (4) prohibits a person from driving;
and that person is the holder of a licence, the court shall cancel the licence held by that person in respect of motor vehicles of the class to which such prohibition from driving extends.
[Subsection amended by section 18 of Act 3 of 2000.]
55. Driving while under influence of alcohol or drugs or both
(1) In subsection (5):
“similar offence” means an offence in terms of subsection (2) or of subsection (2) of section fifty-four involving the driving or attempted driving of a motor vehicle or an offence, whether in terms of a law of Zimbabwe or any other law, of which the driving or attempted driving of a motor vehicle on a road while under the influence of alcohol or a drug or of alcohol and a drug or while the concentration of alcohol in his blood is not less than eighty milligrams per one hundred millilitres, as the case may be, is an element;
“special circumstances” means special circumstances surrounding the commission of the offence concerned, but does not include special circumstances peculiar to the offender.
(2) A person who on a road drives or attempts to drive a vehicle while he is under the influence of alcohol or a drug, or of both alcohol and a drug, to such an extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence and liable:
(a) subject to section eighty-eight A, where the vehicle concerned was a commuter omnibus or a heavy vehicle, to imprisonment for a period not exceeding fifteen years and not less than two years; or
(b) in any other case, to a fine not exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment
[Subsection substituted by section 19 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(3) If, in any prosecution for an alleged offence in terms of subsection (2), it is proved that the concentration of alcohol in the blood of the accused was not less than:
(a) one hundred and fifty milligrams per one hundred millilitres at the time of such offence, it shall be presumed, unless the contrary is proved, that the accused was at such time under the influence of alcohol or of alcohol and a drug, as the case may be, to such an extent as to be incapable of having proper control of the vehicle concerned; or
(b) a certain number of milligrams per one hundred millilitres at any time within a period of two hours after such offence, it shall be presumed, unless the contrary is proved, that such concentration was not less than such number of milligrams per one hundred millilitres at the time of such offence.
(4) A person charged with an offence in terms of subsection (2) may be found guilty of an offence in terms of subsection (2) of section fifty-four if such are the facts proved.
(5) Subject to Part IX, a court which convicts a person of an offence in terms of subsection (1) involving the driving or attempted driving of a motor vehicle shall:
(a) if the person has not previously been convicted of a similar offence within a period of ten years immediately preceding the date of such first-mentioned conviction:
(i) in the case of a first-mentioned conviction which does not relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving for a period of not less than six months; or
(ii) in the case of a first-mentioned conviction which does relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving:
A. a motor vehicle other than a commuter omnibus or a heavy vehicle for a period of not less than six months; and
B. a commuter omnibus or a heavy vehicle during his lifetime; or
(b) if the person has previously been convicted of a similar offence within the period referred to in paragraph (a):
(i) in the case of a second conviction:
A. which does not relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving for a period of not less than twelve months; or
B. which does relate to the driving or attempted driving of a commuter omnibus or a heavy vehicle, prohibit the person from driving:
I. a motor vehicle other than a commuter omnibus or a heavy vehicle for a period of not less than twelve months; and
II. a commuter omnibus or a heavy vehicle during his lifetime; or
(ii) in the case of a third or subsequent conviction, prohibit the person from driving during his lifetime;
and shall, if the person is the holder of a licence, cancel the licence in respect of motor vehicles of the class to which such prohibition from driving extends:
Provided that such court may decline to prohibit the person from driving if it:
(a) considers that there are special circumstances in the case which justify the court in so declining; and
(b) endorses the special circumstances referred to in paragraph (a) on the record of the case when passing sentence.
56. Forgery of certain documents
(1) In this section:
(a) the forgery of a document, mark or number shall be deemed to be the making of a false document, mark or number, knowing it to be false, with the intention that it shall in any way be acted upon or used as genuine;
(b) making a false document, mark or number includes making any material alteration in a genuine document, mark or number, whether by addition, erasure, insertion, obliteration, removal or otherwise.
(2) A person who:
(a) forges a licence; or
(b) forges a certificate of insurance or a certificate of security or makes or has in his possession a document so closely resembling a certificate of insurance or certificate of security as to be likely to deceive; or
(c) knowing that a document referred to in paragraph (a) or (b) has been forged or is likely to deceive, as the case may be, uses or has in his possession such a document or lends it to, or allows it to be used by, another person; or
(d) with intent to deceive, impersonates the holder of a licence; or
(e) acts upon, produces or uses an invalid licence with intent that it shall be regarded as valid;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
57. Unlawful contact with or use of vehicles
(1) A person who:
(a) without reasonable excuse, gets on to a vehicle or interferes with or wilfully damages a vehicle or its accessories; or
(b) without the consent of the owner or person in lawful charge of a vehicle, drives or rides in the vehicle; or
(c) by fraud or misrepresentation procures the hire or use of a vehicle; or
(d) being an employee in lawful charge of a vehicle belonging to or in the lawful charge of his employer, drives such vehicle on a journey or for a purpose which was not authorized by his employer; or
(e) being in lawful charge of a vehicle belonging to or in the lawful charge of another person, drives such vehicle on a journey or for a purpose which was not authorized by the other person;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Subsection amended by section 38 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
(2) A person charged with stealing or attempting to steal a vehicle may be found guilty of an offence in terms of subsection (1), if such are the facts proved.
(3) Nothing in this section contained shall apply to any police officer, examiner or inspecting officer when exercising the powers or performing the duties conferred or imposed, as the case may be, on him by this Act or any other enactment.
58. Taking or retaining hold of or boarding motor vehicles or trailers in motion
A person who, without reasonable excuse, takes or retains hold of or boards a motor vehicle or trailer which is in motion on a road for the purpose of being carried or drawn shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Section amended by section 4 of Act 22 of 2001.]
59. Discharge of fire-arms on or near roads
A person who discharges a fire-arm on a road or within a distance of fifty metres on either side of a road shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment:
Providing that nothing in this section contained shall be deemed to prevent the discharge of a fire-arm in self-defence, for humane reasons or in circumstances in which such discharge is justified in terms of any other law.
[Section amended by section 4 of Act 22 of 2001.]
60. Throwing of articles at or from vehicles and interference with drivers thereof
(1) A person who:
(a) throws an article at or from a vehicle which is on a road or at a person in such vehicle; or
(b) without reasonable excuse, interferes with the driver of a vehicle;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(2) A person who is convicted of an offence referred to in subsection (1), other than the offence of throwing an article from a vehicle which is on a road, shall be liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[Subsection amended by section 38 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
60A. Reporting of unlawful instructions
(1) Any person who is employed or engaged to drive a commuter omnibus or heavy vehicle and who is instructed by the vehicle’s owner to drive it on a road in contravention of subsection (5) of section six, section seven A, subsection (7) of section thirteen, subsection (5) of section twenty-two, subsection (2) of section thirty-eight B, subsection (2) of section forty-three, paragraph (b) of subsection (2) of section forty-nine, subsection (1) or (1a) of section fifty, subsection (1) of section fifty-one, subsection (2) of section fifty-two, subsection (2) of section fifty-three, subsection (2) of section fifty-four, subsection (2) of section fifty-five or subsection (7) of section seventy-three, or in contravention of regulations fixing the axle load permitted on any road, shall forthwith report the instruction to a police officer.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Section inserted by section 20 of Act 3 of 2000 and section 4 of Act 22 of 2001.]
61. [Repealed.]
[Section repealed by section 69 of Act 6 of 2001.]