Third Schedule: Matters in Respect of Which Minister May Make Regulations

(Section 81 (3))

1. The regulation of pedestrian traffic or vehicular traffic on a road, including the restriction of the use of any part of a road to pedestrian traffic or vehicular traffic.

2. (1) Subject to subparagraph (2), the fixing of the axle loads which shall be permitted on any roads, wherever, situated, within Zimbabwe.

[Subparagraph substituted by section 37 of Act 3 of 2000.]

(2) The granting of exemption from criminal liability in respect of axle loads outside the limits permitted by this Act or any other enactment in respect of any roads, wherever situated, within Zimbabwe on the payment of such fees as may be prescribed.

(3) The distribution of the whole or part of fees referred to in subparagraph (2) to local authorities.

3. The manner in which, and the person by whom, any animal or vehicle may be led, ridden or driven, as the case may be, along or over a road.

4. The prohibition of persons from permitting animals to graze or stray on a road.

5. The prohibition or regulation of the use of vehicles which, owing to defects of construction or to disrepair, are unsuitable for safe use or may cause undue damage to roads.

6. The prohibition of the use on roads of any motor vehicle which is fitted with a steering apparatus on the left (or near) side, unless such motor vehicle is provided with an apparatus to enable the driver thereof efficiently to signal his intention to change direction or stop.

7. (1) The minimizing of the noise and the issue of fumes or smoke from, and the prohibition of nuisances caused by the working of, motor vehicles.

(2) The permissible levels of noise and fumes that may issue from motor vehicles, the standards according to which such noise and fumes are to be measured, and the equipment or apparatus by which they are to be measured.

[Subparagraph inserted by section 37 of Act 3 of 2000.]

8. The prohibition of the use on roads of motor vehicles or trailers which cause excessive noise due to defect, faulty adjustment or lack of repair or faulty packing of loads on such motor vehicles or vehicles drawn thereby.

9. The methods to be used and the appliances to be fitted for:

(a) signalling the approach of a vehicle; and

(b) enabling the driver of a vehicle to become aware of the approach of another vehicle from the rear; and

(c) intimating the intended movement of a vehicle; and

(d) securing safety.

9A. Without derogation from paragraph 9, compelling the fitting of speed-limitation devices, speed-monitoring devices and safety wheels to vehicles of any class.

[Paragraph inserted by section 37 of Act 3 of 2000.]

9B. Requiring motor vehicles to be equipped or supplied with devices to prevent or discourage theft or to facilitate identification of the vehicles or parts thereof if they are stolen.

[Paragraph inserted by section 37 of Act 3 of 2000.]

10. Ensuring that appliances or devices referred to in paragraph 9, 9A or 9B are efficient and kept in proper working order and providing for the inspection and testing thereof when on any road.

[Paragraph amended by section 37 of Act 3 of 2000.]

11. The manner in which:

(a) breath analyses as defined in subsection (1) of section seventy-six are to be carried out; or

(b) specimens of blood are to be taken for the purpose of analysis in terms of section seventy-seven.

12. The prohibition of the use on stationary motor vehicles of any instrument provided for the purposes of giving audible warning except when such use is necessary on grounds of safety.

13. The number and kinds of lamps which may be carried on vehicles and trailers requiring the carrying of such lamps, how and when such lamps shall be used, the restriction of the movement of lamps while the vehicles and trailers on which they are carried are in motion, the prohibition of the use of any lamp or lighting device which embodies such features as are in the opinion of the Minister inimical to public safety and the prohibition or regulation of the use of any searchlight known as a “spotlight”.

14. The conditions, either generally or in respect of specified areas or roads:

(a) subject to which lamps carried on motor vehicles may be used; and

(b) relating to the angles at which beams of light may be projected by lamps referred to in paragraph (a), the height, width and range of illumination of such beams and the manner in which such height, width and range shall be ascertained, the extent and method of obscuration of such beams and the position of any such lamp on a motor vehicle.

15. The number and nature of brakes, the affixing of efficient brakes, the efficiency and keeping in proper working order of brakes, silencers and steering apparatus and the prohibition of any cut-out, fitting or other apparatus or device rendering it possible to open the exhaust of a motor vehicle.

16. Compelling the provision of an efficient spark arrestor.

17. The diameter of wheels, and the condition, degree of inflation, nature and width of tyres, of vehicles.

18. The number of trailers which may be drawn by a motor vehicle, the towing of one motor vehicle by another motor vehicle and the prohibition of the operation of any motor vehicle which is being used to draw trailers, if the combined length of such motor vehicle and the trailers being drawn thereby exceeds a specified limit.

19. The regulation of pillion riding on motor cycles, the restriction of the number of persons in addition to the driver who may be carried on motor cycles, the manner in which such persons may be so carried and the provision of suitable foot-rests on motor cycles used or intended to be used for pillion riding.

20. The prohibition or regulation of the carriage of persons as passengers on motor vehicles and trailers of specified classes.

20A. The qualifications of drivers who convey persons as passengers in or on motor vehicles and trailers that are not designed or adapted for the carriage of passengers.

[Paragraph inserted by section 37 of Act 3 of 2000.]

21. The duties of drivers of motor vehicles when encountering animals.

22. The minimum number of persons who shall be employed in attending or driving motor vehicles.

22A. Limiting the period that any person may drive a public service vehicle without a break or rest, and prescribing the breaks or rest periods to be taken by drivers of such vehicles.

[Paragraph inserted by section 37 of Act 3 of 2000.]

23. The maximum gross and net masses of vehicles used on any road, the maximum loads and heights of loads which may be carried by vehicles, the manner in which vehicles may be loaded, the amount by which any load may project beyond the front, back and sides of any vehicle and the maximum mass to be transmitted to the road or any specified area thereof by any vehicle or by any part or parts of a vehicle in contact with the road.

24. The display on vehicles of information relating to such vehicles and to the owners of such vehicles.

25. The prohibition of the leaving of vehicles at rest in dangerous positions or in such positions as are likely to obstruct traffic and the abandoning of vehicles on roads or places set aside for the parking of motor vehicles by members of the public.

26. The removal and safe custody of vehicles or parts thereof left at rest in dangerous positions or in such positions as are likely to obstruct traffic or abandoned on roads or places set aside for the parking of motor vehicles by members of the public, the disposal by sale or otherwise of vehicles or parts thereof deemed to have been abandoned and the recovery of any costs reasonably incurred in carrying out or arranging for such removal, safe custody or disposal.

27. (1) In subparagraph (2):

“reflective material” means material specially designed to reflect light back to the source of the light;

“reflex reflector” means a reflector of glass or other similar material specially designed to reflect light back to the source of the light.

(2) The regulation of the display on vehicles which are being used on roads of reflective material or reflex reflectors.

28. The measures to be taken to protect other users of the road by drivers or persons in charge of vehicles which are abandoned, left or stopped on roads.

29. The dimensions, nature, shape and other characteristics of flares, lamps, reflective signs and other devices for warning other users of the road to be carried on vehicles as part of their equipment in anticipation of their having to be abandoned, left or stopped on roads, and compelling the carrying and protection of such devices.

30. The circumstances and manner in which devices referred to in paragraph 29 shall be displayed or used by drivers or persons in charge of vehicles on roads.

31. The inspection of motor vehicles and trailers by inspecting officers from time to time for the purpose of ensuring that they are in such condition and of such construction as to comply with the requirements of this Act, and the production of a valid certificate of roadworthiness or other document relating to such inspection at such times as may be specified.

31A. (1) Without derogation from paragraph 31, the inspection, annually or at such intervals as may be specified in the regulations, of motor vehicles of such class as may be so specified, and the prohibition of the use of motor vehicles which are not so inspected or which, on such inspection, are found to be unsuitable for safe use or liable to cause undue damage to roads.

(2) The licensing of persons or premises where inspections referred to in subparagraph (1) may be conducted.

[Paragraph inserted by section 37 of Act 3 of 2000.]

32. The general regulation of the conduct and use of vehicles on roads, the construction, dimensions, mass, use and width of track in respect of either body and chassis or body, chassis and load, as the case may be, of vehicles on roads and the conditions under which vehicles may be used on roads.

33. The control of traffic by police officers on roads or at any places of public entertainment or at any other places where vehicular traffic is allowed to enter, whether on payment or otherwise.

34. The rules to be observed concerning procedure between vehicles proceeding in the same direction or in the opposite direction or when crossing.

35. The bells, brakes, lamps, reflectors and other equipment to be carried or used on any kind of vehicle.

36. Safety equipment of such description and quality as may be specified, including:

(a) safety belts to be fitted in motor vehicles and to be worn by persons driving or riding in or on motor vehicles; and

(b) crash helmets to be worn by persons driving or riding on motor cycles.

37. The prohibition of:

(a) the use of any kind of vehicle in a manner which is likely to be dangerous; and

(b) the affixing or displaying in or on a vehicle of emblems, labels, mascots or other devices which are likely to be:

(i) a source of danger to any person on or in the vehicle or on a road; or

(ii) a distraction to a driver of any vehicle or to other users of the road.

37A. The prohibition or regulation of the use in or on vehicles of mobile telephones, televisions, visual display units and similar devices.

[Paragraph inserted by section 37 of Act 3 of 2000.]

38. Requiring the owner of a motor vehicle to display on the motor vehicle in such manner and position as maybe prescribed the maximum speed applicable to such motor vehicle.

39. The prohibition or regulation in areas falling outside the urban area under the jurisdiction of a local authority, subject to such conditions, if any, as may be prescribed, of the use on any road surface constructed of bitumen, gravel or other like material of vehicles not equipped with pneumatic tyres or such other vehicles as may be specified.

40. Dividing vehicles into classes for the purposes of this Act or for different provisions thereof.

41. The fees and charges payable for applications made, permission given, services provided or any other thing done for the purposes of or in accordance with this Act.

[Paragraph substituted by section 37 of Act 3 of 2000.]

42. The keeping, by persons in charge of garages and other places where vehicles are altered, repainted or repaired, of records concerning every person requesting such alteration, repainting or repair, the nature of such alteration, repainting or repair and whether or not it was carried out in accordance with such request, and the identity of the vehicle concerned.

43. The exclusive use by vehicles of a particular class of demarcated portions of roads.

44. …

[Paragraph repealed by section 39 of Act 20 of 2000.]

45. Requiring insurers who increase the premiums payable by drivers for policies of insurance as a result of the drivers accumulating penalty points in terms of regulations referred to in section eighty-three A to pay a portion of any such increase to the Traffic Safety Council of Zimbabwe established by section 3 of the Traffic Safety Council Act [Chapter 13:17].

[Paragraph inserted by section 37 of Act 3 of 2000.]

46. Requiring drivers of public service vehicles to complete defensive driving courses and other courses, tests and examinations to enhance their driving skills.

[Paragraph inserted by section 37 of Act 3 of 2000.]