THE ROAD TRAFFIC (AMENDMENT No.

3) BILL
(No. XXX of 2019)

Explanatory Memorandum

The main object of this Bill is to amend the Road Traffic Act –

(a) to provide for the introduction of digital driving licences;

(b) so as to enable a person who is served with a Fixed Penalty

Notice –

(i) to pay the appropriate fine at any District Court, in lieu of a

specific District Court;

(ii) to authorise another person to pay the appropriate fine, on his

behalf, at any District Court; or

(iii) to pay the appropriate fine electronically,

and to provide for matters related thereto.

N. BODHA, G.C.S.K.
Minister of Public Infrastructure and Land Transport,
Minister of Foreign Affairs, Regional Integration
and International Trade
13 September 2019
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THE ROAD TRAFFIC (AMENDMENT No. 3) BILL

(No. XXX of 2019)

ARRANGEMENT OF CLAUSES

Clause

1. Short title
2. Interpretation
3. Section 2 of principal Act amended
4. Section 46 of principal Act amended
5. Section 191 of principal Act amended
6. Section 192 of principal Act repealed and replaced
7. Section 195 of principal Act amended
8. Fourth Schedule to principal Act amended
 9. Seventh Schedule to principal Act repealed and replaced
10. Eighth Schedule to principal Act amended
11. Commencement
FIRST SCHEDULE
SECOND SCHEDULE
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A BILL

To amend the Road Traffic Act so as to facilitate payment

of fixed penalties

Enacted by the Parliament of Mauritius, as follows –

1. Short title

This Act may be cited as the Road Traffic (Amendment No. 3) Act 2019.

2. Interpretation

In this Act –

“principal Act” means the Road Traffic Act.

3. Section 2 of principal Act amended

Section 2 of the principal Act is amended by inserting, in the appropriate

alphabetical order, the following new definition –

“digital driving licence” means an electronic version of the original driving

licence and shall be in such form as may be prescribed;

4. Section 46 of principal Act amended

Section 46 of the principal Act is amended –

(a) in subsection (1), by inserting, after the words “produce his driving
licence”, the words “, his digital driving licence,”;

(b) in subsection (3) –

(i) in paragraph (a), by inserting, after the words “fails to produce

his driving licence”, the words “, his digital driving licence,”;

(ii) in paragraph (b), by inserting, after the word “produces”, the

words “his digital driving licence or”;

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 (iii) by inserting, after the words “may require him to produce his”,
the word “original”.

5. Section 191 of principal Act amended

Section 191 of the principal Act is amended –

(a) in subsection (1), by deleting the words “to the appropriate District
Court” and replacing them by the words “at any District Court”;

(b) in subsection (2), by deleting the word “quadruplicate” and replacing

it by the word “triplicate”;

(c) in subsection (3) –

(i) by repealing paragraph (c), the word “and” being added at the
end of paragraph (b);

(ii) in paragraph (d), by deleting the word “fourth” and replacing

it by the word “third”.

6. Section 192 of principal Act repealed and replaced

Section 192 of the principal Act is repealed and replaced by the following
section –

192. Payment of fixed penalty

(1) A person on whom an FPN has been served pursuant to

section 191(1) shall, within 28 days from the date of
offence, at any District Court –

(a) produce –

(i) the FPN;

(ii) where he is the holder of a driving licence, a

provisional driving licence or an international
driving permit, the original licence or original
permit , as the case may be; and

(iii) his National Identity Card or, where he is holder

of an international driving permit, his passport,
as the case may be; and

(b) pay the fine.

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 (2) (a) Notwithstanding subsection (1), a driver who has been
served with an FPN may authorise another person to pay the fine.

(b) The person authorised under paragraph (a) shall, within

28 days from the date the driver has been served with the FPN, at any
District Court –

(i) produce –

(A) his National Identity Card;

(B) the FPN;

(C) where the driver is the holder of a driving

licence, a provisional driving licence or an
international driving permit, the original
licence or original permit, as the case may
be; and

(D) the National Identity Card of the driver or,

where the driver is the holder of an
international driving permit, passport of
the driver; and

(ii) pay the fine on behalf of the driver.

(3) Notwithstanding subsections (1) and (2), a person on whom

an FPN has been served pursuant to section 191(1) may, within 28 days
from the date of the offence, electronically pay the fine specified in the
FPN.

(4) Subsections (2) and (3) shall not apply to the offences
specified in the second column of the Third Schedule.

(5) On receipt of payment made under subsection (1), the District

Court Officer shall, in the case of an offence specified in the second column
of the Third Schedule, fill in Part B of the FPN and, within 14 days of the
date of payment, return the FPN to the licensing officer.

7. Section 195 of principal Act amended

Section 195 of the principal Act is amended –

(a) in subsection (3), by repealing paragraph (a) and replacing it by the

following paragraph –

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 (a) pay the fine specified in the PEDN at any District
Court;

(b) in subsection (3A)(b), by repealing subparagraph (i) and replacing it

by the following subparagraph –

(i) attend any District Court within 28 days

from the date the driver has been served
with the PEDN;

8. Fourth Schedule to principal Act amended

The Fourth Schedule to the principal Act is amended, in item 98, in the
second column, by inserting, after the words “produce driving licence”, the words
“, digital driving licence”.

9. Seventh Schedule to principal Act repealed and replaced

The Seventh Schedule to the principal Act is repealed and replaced by the
Seventh Schedule set out in the First Schedule to this Act.

10. Eighth Schedule to principal Act amended

The Eighth Schedule to the principal Act is amended by repealing Part B

and replacing it by Part B set out in the Second Schedule to this Act.

11. Commencement

(1) Subject to subsection (2), this Act shall come into operation on a
date to be fixed by Proclamation.

(2) Different dates may be fixed for the coming into operation of
different sections of this Act.
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 FIRST SCHEDULE
[Section 6]

SEVENTH SCHEDULE
[Section 191]

FIXED PENALTY NOTICE

PART I

Fixed Penalty Notice no. …………………………………………………………………..

Surname of offender ………………………………………………………………………..

Other name(s) of offender …………………………………………………………………

Address ……………………………………………………………………………………….

This is to bring to your attention that today …………………..…….., at

(date)
………………………., at …………………………, you have committed the
(time) (place)
following offence (s) –

SN OFFENCE OFFENCE CODE FINE

(where applicable) (RS)

in connection with the presence on the road of the following motor vehicle –

(a) type …………………….……………………………………………………………..

(b) registration mark ……………………………………………………………………

(c) make ………………………………………………………………………………….

You are requested to attend or you may authorise any other person to attend to
pay the fine(s) specified above at any District Court or effect online payment of
the fine(s) specified above by …………………… (date) at latest, failing which you
shall be liable, on conviction, to a fine of not less than twice the amount specified
above.

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In respect of Cumulative Road Traffic Offences, you should personally attend any
District Court and produce this notice, your original driving licence and National
Identity Card, or passport, in case you are not the holder of a National Identity
Card.

…………………………… ……………………………
Name of Issuing Officer Signature of Issuing Officer

___________________________________________________________________________

PART II

IN THE DISTRICT COURT OF ……………………………………………

PARTICULARS OF OFFENDER

(to be filled in by District Court Officer)

National Identity Card no./Passport no.*

Driving licence no.

Date of payment …………………………………………………………………………….

…………………………. ………………………….
Name of District Court Officer Signature of offender

………………………….
Signature of District Court Officer

………………………….
Official stamp of Court

*Delete as appropriate
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 SECOND SCHEDULE
[Section 7]

PART B

I, Mr/Mrs/Ms* ...……………………………………… (other name(s) and surname),

…………………… (telephone number) wish to inform you that on
…………………………………… (date) at ……………………………. (time), I was not
the owner/driver* of the abovementioned vehicle and the particulars of the
owner/driver*, on the date and at the time of offence, are as follows –

(a) name of owner/driver*.……………………………………………………………..

(b) telephone no. …………………………………………………………………………

(c) address ………………………………………………………………………………..

…………………………. ………………………….
Signature Date

Please note that any person who knowingly gives false information under Part B
of this notice shall commit an offence and shall, on conviction, be liable to a fine
not exceeding 10,000 rupees and to imprisonment for a term not exceeding 3
months.
QR CODE

*Delete as appropriate

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