Licensing and exemptions
22. Vehicles to be licensed
(1) The owner of every registered vehicle shall keep such vehicle licensed in terms of this Act.
(2) Subsection (1) shall not apply to the owner of any trailer which is not used on any road or to the owner of any other vehicle which:
(a) [paragraph repealed by section 69 of Act 6 of 2001]
(b) is kept by a dealer for the purposes of sale only and is not used on any road except under a garage licence; or
(c) is one in respect of which an exemption certificate or a temporary licence is in force; or
(d) is deemed to be licensed or exempted from licensing under section twenty-one or forty; or
(e) is prescribed.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level three.
[subsection substituted by section 4 of Act 22 of 2001]
23. Duration of licence or exemption certificate
(1) An exemption certificate or a licence may be taken out for a period of four, eight or twelve months and, in the case of a vehicle which is being licensed for the first time in Zimbabwe, such licence may, subject to subsection (2), be issued for any period not exceeding fifteen months.
(2) The period of every exemption certificate or licence shall end on a terminal day.
(3) The fee for a licence taken out for any period other than twelve months shall be one-twelfth of the fee payable for an annual licence in respect of each calendar month or part of a calendar month in the period of the licence.
24. Application for licence or exemption certificate
(1) An application for a licence or exemption certificate shall be made to the registering officer of the area where the vehicle is or is to be ordinarily kept at night.
(2) When making application for a licence the applicant shall:
(a) produce the registration book relating to the vehicle; and
(b) produce a certificate of insurance or certificate of security which:
(i) is in the name of the owner as recorded in the registration book; and
(ii) complies with the requirements of the Road Traffic Act [Chapter 13:11]; and
(iii) will be in force in respect of the use of the vehicle concerned for the whole period for which the licence is to be issued;
and
(c) pay to the registering officer any fee imposed by or under this Act in respect thereof; and
(d) produce and surrender such other documents as may be prescribed.
(3) When making application for an exemption certificate the applicant shall:
(a) provide such details as may be required in the prescribed form; and
(b) produce the registration book relating to the vehicle; and
(c) pay to the registering officer any fee imposed by or under this Act in respect thereof.
(4) An exemption certificate shall cease to be valid upon:
(a) the subsequent issue of a licence; or
(b) the use of the vehicle on any road otherwise than:
(i) by virtue of a temporary identification card or temporary or garage licence; or
(ii) by a farmer or miner in accordance with paragraph (a) of subsection (3) of section six; or
(c) the change of ownership of the vehicle.
25. Issue of licence or exemption certificate
Subject to section twenty-six, the registering officer shall, if he is satisfied that an application referred to in section twenty-four is in order, issue to the applicant a licence or an exemption certificate, as the case may be, in the prescribed form.
26. Refusal of licence or exemption certificate where fees still owed
(1) No registering officer shall issue any licence or exemption certificate in respect of a vehicle until any underpaid or unpaid fees required to be paid by or under this Act and due by the owner of such vehicle have been paid to him.
(2) Notwithstanding anything in this Act, any underpaid or unpaid fees paid to a registering officer in accordance with subsection (1), other than an underpaid or unpaid surcharge imposed in terms of section thirty-five, shall be collected by the registering officer:
(a) for the benefit of the local authority within the area under the control or administration of which the vehicle is ordinarily kept at night at the time of such payment; or
(b) where no local authority exists for the area where the vehicle is ordinarily kept at night at the time of such payment, for the benefit of the Consolidated Revenue Fund;
and any such surcharge shall be collected by the registering officer for the benefit of the Consolidated Revenue Fund.
Temporary licensing and change of character of registered vehicles
27. Temporary licence
(1) Any person who wishes to use on any road any vehicle which is registered but not licensed under this Act and which would otherwise require to be so licensed may apply to a registering officer for a temporary licence.
(2) When applying for a temporary licence the applicant shall:
(a) produce the registration book relating to the vehicle; and,
(b) produce a certificate of insurance or certificate of security which complies with the requirements of the Road Traffic Act [Chapter 13:11]; and which will be in force in respect of the use of such vehicle for the whole period for which the temporary licence is to be issued; and
(c) pay to the registering officer any fee imposed by or under this Act in respect of a temporary licence for a vehicle ordinarily kept at night within the area for which that registering officer has been appointed.
28. Issue of temporary licence
The registering officer shall, if he is satisfied that an application referred to in section twenty-seven is in order, issue to the applicant a temporary licence in the prescribed form.
29. Display of licence or temporary licence
Any licence or temporary licence shall be displayed and maintained in the prescribed manner upon the vehicle to which it relates.
30. Change of character of vehicle
(1) If the particulars of a vehicle are altered so as to render payable in respect of such vehicle a fee at a higher rate than the fee paid prior to such alteration, the owner shall, at the same time as he complies with the requirements of section seventeen in relation thereto, pay to the registering officer of the area where the vehicle is ordinarily kept at night the additional fee referred to in subsection (2).
(2) The additional fee payable in terms of subsection (1) shall be an amount equal to one-twelfth of the difference between the annual fee payable in respect of the vehicle after the particulars thereof were altered and the annual fee payable or paid in respect of the vehicle before such alteration, for each month or part of a month in the remaining period of validity of the existing licence.
Fees
31. Imposition of fees
(1) Notwithstanding anything in any law, but subject to section thirty-eight and subsections (3), (5) and (6), a local authority may, in consultation with the Road Administration and by notice published by the Minister in a statutory instrument in the prescribed form, fix a tariff of fees in respect of vehicles ordinarily kept at night within the area under the control or administration of a local authority to be paid for licences, temporary licences, temporary identification cards, garage licences, exemption certificates, the cancellation of licences and the issue of other documents by a local authority in respect of vehicles, and such fees shall be charged, levied and collected for the benefit of the Road Fund, and the local authority may by like notice amend or replace such tariff of fees.
(2) The proceeds of fees charged, levied and collected in terms of subsection (1) shall, after deduction by the local authority of any administrative fee fixed by the Road Administration in terms of section fifty-four, be held by the local authority on behalf of the Road Fund and be used by the local authority in a manner approved by the Road Administration.
(3) A tariff of fees fixed by notice in terms of subsection (1) shall have effect only from the day following the terminal day next after the publication of that notice:
Provided that, where any licence, temporary licence, temporary identification card, garage licence, exemption certificate, document relating to the cancellation of any licence or other document in respect of vehicles is issued during the period between the publication of that notice and the next terminal day in respect of a period after that terminal day, the fee payable in respect thereof shall be the fee fixed in terms of that notice.
(4) Where no local authority exists for any area or where a temporary identification card is issued by an appropriate officer in terms of section nineteen, the fees payable in respect of vehicles ordinarily kept at night within such area for licences, temporary licences, temporary identification cards, garage licences, exemption certificates, the cancellation of licences and the issue of other documents in respect of vehicles shall be as prescribed and shall be charged, levied and collected for the benefit of the Road Fund.
(5) Before making a notice in terms of subsection (1) the local authority shall publish in two successive issues of a newspaper circulating in the area under the control or administration of the local authority in respect of which the tariff of fees is to be fixed, a notice in the prescribed form setting out the proposed tariff of fees or proposed amendment to the tariff of fees, as the case may be:
Provided that, if the local authority, having published a notice in terms of this subsection, for any reason determines to alter the proposed tariff of fees or proposed amendment by reducing any fee specified in that notice, it shall not be necessary to publish a further notice in terms of this subsection before the making of the notice in terms of subsection (1) setting out the tariff of fees or amendment to the existing tariff of fees altered as aforesaid.
(6) If, within fourteen days after the date of the last publication of the notice referred to in subsection (5), thirty or more owners of registered vehicles ordinarily kept at night within the area under the control or administration of the local authority concerned lodge objections in writing to the proposed tariff of fees or amendment to the existing tariff of fees, as the case may be, such objections shall be considered by the local authority and the Road Administration before the making of the notice in terms of subsection (1).
[section substituted by section 69 of Act 6 of 2001]
32. Minister may undertake collection of fees on behalf of local authority
(1) If, in the opinion of the Minister, a local authority fails or is unable to collect all or any part of the fees payable to it in terms of this Act, the Minister may undertake the collection of such fees on behalf of the local authority and recover from such local authority any costs incurred by him in that connection.
(2) The amount of the costs referred to in subsection (1) shall be a debt due by the local authority to the State and, until discharged, the Minister may require interest to be paid thereon at the rate of six per centum per annum.
33. Validity of licences
(1) A licence shall be valid for the period thereof throughout Zimbabwe.
(2) During the period of any licence no additional sum shall be payable and no refund may be claimed in respect thereof by virtue of the removal of the vehicle in respect of which the licence was issued from any area in Zimbabwe to another area.
(3) During the period of validity of any document whatsoever which has been issued under this Act, no additional sum shall be payable and no refund may be claimed in respect of such period by virtue of any subsequent increase or decrease of the fee applicable to the issue of any such document.
34. Licences to continue to be valid after incorporation of local authority area
Where a local authority is incorporated into the area of another local authority, any licence, temporary licence, exemption certificate, temporary identification card, garage licence or other document issued under this Act by the local authority which is so incorporated shall continue to be valid for the period for which it was originally issued.
35. Imposition of surcharge
In addition to the fees which may be imposed under section thirty-one, there shall be charged, levied and collected by registering officers for the benefit of the Road Fund a surcharge at such rate and upon such class or classes of vehicles as may be prescribed.
[definition inserted by section 69 of Act 6 of 2001]
36. Fixed penalty for late payment of fees
(1) Any person who, in respect of any vehicle owned by him, fails to pay the appropriate fee in respect of a licence or exemption certificate relating to that vehicle on or before the last day of the month following that in which the previous licence or exemption certificate expired or pays an amount less than the correct amount payable shall pay to the registering officer for the benefit of the Road Fund, in addition to the appropriate fee, a prescribed penalty for every month or part of a month during which the fee is so unpaid or underpaid.
[Proviso deleted by section 69 of Act 6 of 2001]
(2) [subsection repealed by section 69 of Act 6 of 2001]
37. Licence invalidated if fee paid by cheque which is dishonoured
Where any fee is paid by cheque and such cheque is not met on presentation to the bank, any licence, temporary licence, book, card or certificate issued in respect of such payment shall be invalid and the vehicle shall be deemed not to be licensed, registered, identified or exempted, as the case may be, and the registering officer may demand the surrender of any document so issued.
38. Cases where no fee chargeable
No fee shall be chargeable for a licence, temporary licence, duplicate licence, temporary identification card or exemption certificate under this Act in respect of:
(a) any vehicle which is owned by the government of another country and is:
(i) not constructed primarily for the carriage of goods; and
(ii) fitted with seating accommodation for not more than seven persons including the driver;
(b) any vehicle which is licensed under subsection (3) of section forty-one;
(c) any vintage vehicle;
(d) such other vehicles as may be prescribed.
39. Refund of fees
(1) Except on account of the sale or other change of ownership of any vehicle, the owner of a registered vehicle in respect of which a licence has been issued may apply to the registering officer who issued the licence for the cancellation of the licence and for the refund of the appropriate portion of the fee paid for such licence.
(2) When making an application referred to in subsection (1) the applicant shall:
(a) provide such details as may be required in the prescribed form; and
(b) submit to the registering officer the registration book relating to the vehicle; and
(c) surrender the licence to the registering officer.
(3) Upon receipt of an application made in terms of subsection (1), the registering officer shall, if he is satisfied that:
(a) the application is in order; and
(b) the remaining period of validity of the licence is not less than four complete months; and
(c) where necessary, an exemption certificate has been issued for the vehicle in respect of a period beginning on the date on which the application is made;
cancel the licence and refund to the owner of the vehicle so much of the fee paid for the licence as is equal to an amount determined by:
(i) multiplying one-twelfth of the annual fee exclusive of the surcharge, if any, payable for such licence by the number of complete months in the period between the date of surrender of the licence and the date of the termination of the validity of the licence; and
(ii) deducting therefrom any cancellation fee imposed by or under section thirty-one.