67. Vehicles in dangerous condition
No person shall drive on any road a motor vehicle or trailer which is in such condition as to endanger any person on the vehicle or on the road.
68. Motor cyclists to wear safety helmets
(1) In this section, the term "dealer" shall be held to refer to any person who carries on the business of selling safety helmets or of holding safety helmets for sale, whether or not that business is carried on in conjunction with any other business or activity.
(2) No dealer shall sell a safety helmet unless it complies with the requirements of subsection 3(c)
(3) Subject to subsection (4), no person shall:
(a) drive a motor cycle on any road; or
(b) be carried on any road as a passenger on a motor cycle or
(c) ride in a side car attached to a motor cycle;
unless he or she is wearing a safety helmet which:
(i) consists of a shell made of fibre glass containing an impact absorbing system made of polystyrene which extends to within twelve comma eight millimetres of the edge of the shell; and
(ii) is specially designed to cover the head and to reach a point below the ears; and
(iii) has a chin strap for fastening under the wearer's chin; and
(iv) the chin strap referred to in paragraph (iii) is fastened when the motor cycle is in motion.
(4) Subsection (3) shall not apply to a follower of the Sikh religion while he or she is wearing a turban as required by that religion.
69. Towing
(1) No person shall drive on any road a motor vehicle towing another motor vehicle:
(a) if the space between the motor vehicles exceeds four metres; or
(b) if the net mass of the motor vehicle being towed exceeds the net mass of the towing motor vehicle; or
(c) unless the motor vehicle being towed is so attached to the towing motor vehicle as to be under proper control; or
(d) if the motor vehicle being towed is loaded.
(2) No person shall drive on any road any motor vehicle towing more than three trailers.
(3) Except in the case where the vehicle being towed is connected to the towing motor vehicle by means of a rigid tow bar, draw bar or is craned, no motor vehicle towing another vehicle shall exceed a speed of 30 km/h.
70. Pushing of a motor vehicle by another vehicle prohibited
No person, when driving a motor vehicle on any road, shall cause any other motor vehicle to move on a road by pushing it with another motor vehicle.
71. Stationary vehicles
(1) Wherever a motor vehicle is not being driven or is left unattended, the person in charge of it shall set its hand brake or parking brake so as to maintain it in a stationary position.
(2) Whenever a trailer, other than a light trailer, is not being drawn or is left unattended, the person in charge of it shall set its parking brake or hand brake so as to maintain it in a stationary position.
(3) No person shall leave a stationary motor vehicle, unattended, with the engine of such vehicle running.
72. Gross mass
(1) In this section:
"gross mass" in respect of a tractor, trailer or caravan means the gross mass for which the tractor, trailer or caravan is rated;
"commercial vehicle" means any motor vehicle or trailer, including a fire engine other than a:
(a) a motor cycle having not more than two wheels; or
(b) a light trailer or caravan; or
(c) a trailer which is not required to be registered in terms of Vehicle Registration and Licensing Act [Chapter 13:14]; or
(d) a construction vehicle or construction trailer which is not designed to carry a load; or
(e) a vehicle commonly known as a station wagon, safari van; or
(f) a passenger motor vehicle having sitting accommodation for not more than seven passengers; or
(g) a tractor which is not designed to form part of an articulated vehicle.
(2) Subject to subsection (7), no person shall use a light trailer or a caravan on any road if the vehicle's gross mass exceeds the gross mass determined in accordance with subsection (6).
(3) Subject to subsection (7), no person shall use a light trailer or a caravan on any road if its load exceeds its factory-rated load capacity, determined in accordance with subsection (6).
(4) Subject to subsection (8), no person shall drive on any road a commercial vehicle unless there is displayed on the left outside of the vehicle a notice clearly showing in kilograms, the vehicle's gross mass and net mass determined in accordance with subsection (6).
(5) The figures and letters in a notice referred to in subsection (4) shall be of uniform shape and size and not less than twenty millimetres high.
(6) The gross mass, net mass or factory-rated load capacity of any motor vehicle, tractor, trailer or caravan shall be determined for the purposes of this section:
(a) by reference to any document prepared or issued by the manufacturer of the vehicle, tractor, trailer or caravan concerned or by his or her representative; or
(b) in the absence of a document referred to in paragraph by an inspecting officer, who shall have regard to the nature and construction of the vehicle, tractor, trailer or caravan concerned and to any documents prepared for, issued by a manufacturer of a similar vehicle, tractor, trailer or caravan or by a representative of such a manufacturer.
(7) For the purposes of any prosecution for a contravention of subsection (2) or (3), the gross mass or load of a motor vehicle, trailer or caravan may be determined by weighing the vehicle, trailer or caravan on a scale which belongs to or is in use by the Government and the gross mass shall be deemed to be:
(a) the mass actually indicated or recorded by the scale where the vehicle, trailer or caravan is weighed as one complete unit; or
(b) where the vehicle, trailer or caravan is not weighed as one complete unit, the mass determined by adding together the mass of individual axles of the vehicle, trailer or caravan from the gross mass so determined.
(8) The fact that an owner or driver did not know the permissible gross mass, net mass or load capacity of his or her motor vehicle, trailer or caravan shall not be a defence to a charge under this section.
73. Tyres on vehicles using certain roads
(1) Subject to subsection (3), no person shall drive any vehicle on a strip track or a road with a bituminous coated surface, except for the purpose of any necessary crossing thereof:
(a) unless the vehicle's wheels are equipped with pneumatic tyres; or
(b) if any of the vehicle's wheels are equipped with wheel chains.
(2) Subject to subsection (3), no person shall drive a motor vehicle or trailer on any road, other than a strip track or a road with a bituminous coated surface, except for the purpose of any necessary crossing thereof, unless the wheels of the motor vehicle or trailer are equipped with pneumatic tyres or other tyres of soft, elastic material.
(3) For the purposes of subsection (2) "tyre of soft, elastic material" means a tyre the soft, elastic material of which is either:
(a) continuous around the circumference of the wheel; or
(b) in segments so fixed that, as far as is practicable, no space is left between the portions thereof, and so constructed as to be free from any defect which might in any way cause damage to the surface of the road.
74. Loading: pedal cycles and motor cycles
(1) No person shall ride a pedal cycle on any road while carrying on the cycle a load or passenger exceeding forty kilograms in mass.
(2) No person under the age of sixteen years shall ride a pedal cycle on any road while carrying a passenger on the cycle.
(3) No person shall ride a pedal cycle on any road while carrying a passenger on the cycle elsewhere other than on the carrier affixed to the cycle.
(4) No person shall:
(a) drive on any road a pedal cycle or motor cycle, with or without a side-car attached, if any part of its load projects more than six hundred millimetres in front or more than nine hundred millimetres to the rear of the wheels of such pedal cycle or motor cycle, or more than three hundred millimetres on either side of the wheels.
(b) drive on any road at night a motor cycle or ride a pedal cycle unless one is wearing safety reflective clothing approved by the Standards Association of Zimbabwe, so as to be visible from a distance of at least 50 metres.
(5) No person shall drive on any road a motor cycle to which a side-car is not attached:
(a) while carrying more than one passenger on the cycle; or
(b) while carrying a passenger elsewhere other than on the pillion.
(6) No person shall drive a motor cycle on any road while carrying a passenger on the pillion, unless:
(a) the pillion is securely attached to the motor cycle; and
(b) foot rests are provided for use of the passenger.
(7) No person riding on the pillion of a motor cycle on any road shall sit in any other position than astride the pillion, and facing forward.
(8) No person shall ride a motor cycle on any road while sitting on any part of the machine other than on the saddle provided.
(9) No person shall ride on any road a motor cycle with a side-car attached:
(a) while carrying more than three passengers on the motor cycle; or
(b) while carrying more than one passenger on the pillion; or
(c) while carrying more than two passengers seated in the side-car.
75. Loading: motor vehicles and trailers
Subject to section 74, no person shall drive a motor vehicle or trailer on any road if the load of the motor vehicle or trailer:
(a) is so arranged or is of the nature that the overall length of the vehicle and the load exceeds fourteen comma six metres;
Provided that, in the case of an articulated vehicle the overall length of the vehicle and the load shall not exceed nineteen comma seven metres; or
(b) extends further forward than a distance of nine hundred millimetres beyond the body of the vehicle; or
(c) extends further than a distance of one comma two metres behind the body of the vehicle; or
(d) extends beyond two comma five metres on either side of the vehicle; or
(e) is likely to cause danger to any person on the vehicle or on the road owing to its mass distribution, packing or adjustment; or
(f) is not properly secured and covered sufficiently by means of a waterproof tarpaulin or similar materials so as to avoid damage, spoilage or danger to other road users and to prevent the load from absorbing water and therefore overloading the vehicle;
(g) if it consists of gravel, sand, stone or loose substance and is not secured by an effective tail gate or similar barrier to prevent it from dropping onto the road and is not covered by a waterproof tarpaulin or similar material to prevent the load from absorbing water and therefore overloading the vehicle.
76. Loading: all vehicles
Subject to section 72, no person shall drive any vehicle on a road if the vehicle's load:
(a) projects more than 600 millimetres beyond the lateral extremities of the vehicles; or
(b) is of such a height that is likely to interfere with or damage any bridge, wire or other construction lawfully erected above the road surface; or
(c) is not safely contained with the vehicle's body or securely fastened to the vehicle; or
(d) is carried or arranged in such a way as to obstruct the driver's view of traffic abreast on either side of him or her or ahead of him or her; or
(e) is more than four comma six metres high, measured from the carriageway.
77. Loading: exemptions
(1) The Minister may issue a written permit for the carriage by any vehicle, on one or more occasions specified in the permit, of a specified load which, from its nature, is incapable of being placed on the vehicle so as to conform with the requirements of sections 74, 75 and 76.
(2) A permit may be issued in terms of subsection (1) subject to such conditions as the Minister may impose to ensure the safety of the public and where appropriate the preservation of roads.
(3) A person may drive a vehicle on a road while carrying a load in accordance with a permit issued in terms of subsection (1), notwithstanding that the load may contravene sections 74, 75 and 76.
(4) The driver of a vehicle which is carrying a load authorised by a permit in terms of subsection (1) shall ensure that the permit is carried in the vehicle while the vehicle is being driven on a road carrying such load.
78. Projecting loads
(1) No person shall, by day, drive a loaded vehicle on any road or cause or permit a loaded vehicle to be stationary on any road, if the vehicle's load projects to the rear more than 600 millimetres beyond the back of the vehicle, unless a flag of bright red cloth, at least 600 millimetres square, is attached at the extreme rear of the load.
(2) No person shall, at night, drive a loaded vehicle on any road or cause or permit a loaded vehicle to be stationary on any road, if the vehicle's load projects to rear more than 600 millimetres behind the motor vehicle's tail-lamp, unless a bright red light is attached at the extreme rear of the load, facing directly to the rear and so placed on the load as to be not more than one comma two metres above ground level or, if the lowest point of the load is more than one comma two metres above ground level, placed at the lowest point of the load:
Provided that a solid square or circular retro of diamond grade reflector, facing directly to the rear, with sides not less than 250 millimetres or with a diameter not less than 250 millimetres, as the case may be, may be used instead of a bright red light.
79. Maintenance of internal combustion engine
(1) No person shall fit or drive on any road any motor vehicle propelled by an internal combustion engine, unless exhaust pipes are so placed, fitted, shielded and maintained and the flooring shall be so constructed and covered that:
(a) the outlet does not permit the discharge of exhaust gases to the left, near side or beneath the vehicle; or
(b) no exhaust gases are permitted to enter the vehicle; or
(c) no inflammable material is likely to fall or be thrown upon the exhaust pipe from any other part of the motor vehicle; or
(d) there is no other possible cause of fire due to the proximity of inflammable material on the motor vehicle to the exhaust pipe; or
(e) unless an efficient exhaust silencer or muffling device is affixed to such motor vehicle in such a manner that the exhaust gases from the engine are projected through such silencer or muffling device which shall be so constructed as to reduce and muffle in an effective manner as prescribed, the sound produced by such exhaust; or
(f) unless the exhaust pipe, silencer or muffling device referred to in paragraph (a) is gas tight throughout its length; or
(g) if the exhaust gases from the engine are so directed as to directly impinge on the road surface; or
(h) the exhaust gases or smoke from the engine is so dense as to cause a nuisance to, or obstruct the vision of other road users.
(2) Unless the exhaust gases emitted, when tested comply with the requirements as prescribed in the appropriate Standards Association of Zimbabwe standards.
(3) Unless the outlet of the exhaust system fitted to such motor vehicle:
(a) is as near as practicable to the rear of the vehicle; and
(b) extends no further than the edge of the vehicle at its widest point.
(4) Unless in the case of an omnibus the main exhaust flow is discharged into the air, behind the passenger compartment or as practicable as possible to the rear.
(5) The engine is in such a condition that oil, grease or fuel is allowed to drop onto the road surface.
80. Prohibition of passengers: tractors not designed to form part of articulated unit
No person shall drive on any road, a tractor not designed to form part of an articulated unit carrying passengers:
Provided that a person giving instructions to a learner driver may be carried on the tractor and a seat shall be provided for this purpose.
81. Carriage of passengers: goods vehicles
(1) Where a motor vehicle or trailer is not constructed for the carriage of passengers, no person shall drive on any road such motor vehicle or trailer, carrying passengers exceeding seven in number in that part of the vehicle or trailer where goods are commonly carried:
Provided that passengers exceeding seven may be so carried if:
(a) the motor vehicle or trailer is being used in the normal course of the business of the owner of the motor vehicle or trailer, and the passengers being carried for any purpose connected with the business of such owner; or
(b) the passengers being carried are employees of such owner; or
(c) the passengers being carried are members of the family of such employees or owners; or
(d) the passengers are being carried because of an emergency in such a manner that each passenger is provided with at least 0.5 square metres of floor seating space.
(2) A motor vehicle shall not be deemed to be constructed to carry passengers only by virtue of the fact that it is so constructed as to permit the carriage of passengers on the seat next to the driver, or because seats have been fitted in that portion of the vehicle where goods are commonly carried in respect of a vehicle which has been constructed primarily for the carriage of goods.
(3) A passenger carried in terms of this section:
(a) who is under the age of ten years, shall be under the direct supervision of a passenger of sixteen years of age or more;
(b) shall sit within the body of the motor vehicle or beyond the front, side or back of the trailer, as the case may be.
82. Carriage of passengers: passenger vehicles other than public service vehicles
(1) No person shall drive on any road a light motor vehicle constructed to carry passengers, containing five or more passengers, unless a seating width of at least 380 millimetres and 300 millimetres is allowed for the driver and every passenger respectively, measured along the rear of such seat at seat level:
Provided that additional passengers may be carried in that portion of a motor vehicle where luggage is normally carried and where such area is not separated from the passenger compartment, in such a manner that every passenger so carried is allowed at least 0,5 square metres floor space.
(2) No person shall drive on any road a heavy motor vehicle constructed to carry passengers, containing five or more passengers, unless a seating width of at least 380 millmetre is allowed for the driver and every passenger, measured along the rear of such seat at seat level.
(3) In determining the number of passengers that may be carried in a vehicle in accordance with this section, any child under five years of age shall not be counted and two children of five years of age or more, but less than ten years of age, shall be counted as one passenger.
(4) No person shall drive on any road any motor vehicle provided with rear sitting if a child under the age of ten years is carried in a front seat.