THE NATIONAL HIGHWAYS SAFETY ORDINANCE, 2000

CONTENTS

CHAPTER I PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
LICENSING
3. Prohibition on driving without licence.
4. Age limit in connection with driving of road vehicle.
Owners of road vehicles not to permit any person to drive in contravention of 5.
section 3 or section 4.
6. Grant of licence.
7. Form and contents of licence.
8. Additions to licence.
9. Extent of validity of licence.
10. Currency of licences.
11. Renewal of licences.
12. Cancellation of licence on grounds of disease or disability.
13. Order refusing to issue or renew a licence and appeals.
14. Power of licencing authority to disqualify for holding a licence.
15. Power of court to order disqualification.
16. Effect of disqualification order.
17. Power to make rules.
CHAPTER III REGISTRATION OF ROAD
VEHICLES
18. Road vehicles not to be driven without registration.
19. Registration where to be made.
20. Registration how to be made.
21. Temporary registration.
22. Production of vehicle at the time of registration.
23. Refusal of registration.
24. Validity of registration.
25. Assignment of fresh registration mark on removal to another Province.
26. Change of residence or place of business.
27. Transfer of ownership.

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28. Alteration in road vehicle.
29. Suspension of registration.
30. Cancellation of registration.
31. Appeals.
32. Special requirement for registration of transport vehicles.
33. Special particulars to be recorded on registration of transport vehicles.
34. Certificate of fitness of transport vehicles.
35. Registration of vehicles being the property of the Government.
36. Special registration of vehicles.
37. Application of Chapter III to trailers.
38. Power to make rules.
CHAPTER IV
CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF ROAD
VEHICLES
39. General provision regarding construction and maintenance.
40. Power to make rules.
CHAPTER V CONTROL
OF TRAFFIC
41. No fault accident compensation insurance.
42. Limits of speed.
43. Limits of weight and limitation on use.
44. Power to have vehicle weighed.
45. Power to restrict the use of vehicle.
46. Power to erect traffic signs.
47. Parking places and halting stations.
48. Power to remove vehicle obstructing traffic.
49. Duty to obey traffic signs.
50. Signals and signaling devices.
51. Emission of smoke, vapour or grease and noise.
52. Vehicle with left hand control.
53. Leaving vehicle in dangerous position.
54. Riding on running boards.
55. Obstruction to driver.
56. Stationary vehicle.
57. Two wheeled motor vehicles.
58. Duty to produce licence and certificate of registration.
59. Duty of driver to stop in certain cases.
60. Duty of give information.
61. Duty of driver in case of accident and injury to a person or damage to property.
62. Inspection of vehicle in accident.
63. Railway crossing.
64. Power to make rules.

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 CHAPTER VI OFFENCES, PENALTIES AND
PROCEDURE
65. Offence relating to licences.
66. Driving at excessive speed.
67. Driving recklessly or dangerously.
68. Driving while under the influence of alcohol or drugs.
69. Driving when mentally or physically unfit.
70. Racing and trial of speed.
71. Punishment for abetment of certain offences.
72. Using vehicle in unsafe condition.
73. Using vehicle with shaded glass.
74. Offences relating to construction of vehicle.
75. Offences relating to weights.
76. Offences relating to accidents.
77. Offences relating to disobedience of orders, obstruction and refusal of information.
78. Offences relating to prohibited appliances.
79. Offences relating to traffic safety rules.
80. General provision for punishment of offences not otherwise provided for.
81. Power of arrest without warrant.
82. Power of police officer to seize documents.
83. Power to detain vehicle. 84. Particulars of summons.
85. Presumption of negligence.
86. Point system for traffic violations.
87. Compensation for death, injury or damage, etc.
88. Jurisdiction and procedure.
89. Power to make rules.
CHAPTER VII
ESTABLISHMENT OF A POLICE FOR MOTORWAYS AND NATIONAL
HIGHWAYS
90. Establishment of a Police for National Highways.
91. Assistance of National Highways and Pakistan Motorway Police.
Superintendent and administration of National Highways and Pakistan Motorway 92.
Police.
93. Power to make rules.
CHAPTER VIII
MISCELLANEOUS
94. Appointment of Magistrate.
95. Licensing malpractice.
96. Indemnity.
97. Ordinance not to derogate other laws.
98. Power to make rules.
99. Removal of difficulties.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
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 THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.
THE SIXTH SCHEDULE
THE SEVENTH SCHEDULE
THE EIGHTH SCHEDULE.
THE NINTH SCHEDULE.
THE TENTH SCHEDULE.
THE ELEVENTH SCHEDULE.
THE TWELFTH SCHEDULE.

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 THE NATIONAL HIGHWAYS SAFETY ORDINANCE, 2000 ORDINANCE
No. XL OF 2000

[2nd September, 2000] An Ordinance to provide for safe driving on the national highways

WHEREAS it is expedient to provide for safe driving on the national highways and for matters
connected therewith or incidental thereto;

AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the
Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution
Order No. 1 of 1999;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to
take immediate action;

NOW THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of

October, 1999, and Provisional Constitution Order No. 1 of 1999, as well as order No. 9 of 1999, and
in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan
is pleased to make and promulgate the following Ordinance :—

CHAPTER I.—PRELIMINARY

1. Short title, extent and commencement.—(1) This Ordinance may be called the National
Highways Safety Ordinance, 2000.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definition.—(1) In this Ordinance, unless there is anything repugnant in the subject or

context,

(i) "ambulance" means a vehicle designed for the carriage of sick, wounded or invalid
personsor animals;

(ii) "animal drawn vehicle" means a road vehicle designed and constructed primarily for
carrying persons or goods and is propelled solely by one or more domestic animals;

(iii) "axle weight" means in relation to an axle of a motor vehicle the total weight
transmittedby the several wheels attached to the axle to the surface whereon the
vehicle rests;

(iv) "bicycle" means any road vehicle having at least two wheels propelled solely by
muscularenergy of the person on that vehicle;

(v) "board" means the Medical Board constituted under subsection (3) of section 4;

(vi) "carriageway" means the part of the road normally used by vehicular traffic;

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(vii) "certificate of registration" means the certificate issued by a competent authority to
theeffect that a motor vehicle has been registered in accordance with law for the time
being in force;

(viii) "contract carriage" means a road vehicle which carries a passenger or passengers
forhire or reward under a contract expressed or implied for the use of the vehicle as a
whole at or for a fixed or agreed rate or sum and from one point to another without
stopping to pick up or set down along the line of route passengers not included in the
contract and includes a motor cab notwithstanding that the passengers may pay
separate fares;

(ix) "cycle tract" means the portion of road partitioned by curbings, guardrails and other
similar structures or road marking set aside for bicycle passage;

(x) "delivery vehicle" means any goods vehicle the registered laden weight of which
does not exceed twentyfive thousand kilograms.

(xi) "driver" means any person who drives a motor vehicle or an animal drawn vehicle on
anational highway;

(xii) "fares" means the amount prescribed or agreed for a journey by a stage carriage
andincludes sums payable for a season ticket or in respect of the hire of a contract
carriage;

(xiii) "footpath" means the portion of a road partitioned by curbings, guardrails and
othersimilar structures or road markings intended for pedestrian passage;

(xiv) "good" include livestock and anything (other than equipment ordinarily used with the
vehicle) carried by a vehicle except living persons but does not include luggage or
personal effects carried in a road or in a, trailer attached to a vehicle or the personal
luggage of passengers traveling in the vehicle;

(xv) "goods vehicles" means any motor vehicle constructed or adapted for use for the
carriage of goods, or any motor vehicle including any animal drawn vehicle not so
constructed or adapted when used for the carriage of goods, solely or in addition to
passengers;

(xvi) "Government" means the Federal Government;

(xvii) "gross vehicle weight" means load of all axles of a goods vehicle transmitted by
severalwheels attached to all axles to the surface whereon the wheels rest;

(xviii) "heavy transport vehicle" means a transport vehicle, the registered axle weight of
which exceeds five thousand kilograms, or the registered laden weight of which
exceeds six thousand five hundred kilograms;

(xix) "intersection" means any level crossroads, junction or fork including the open
areasformed by such crossroads, junctions or forks;

(xx) "invalid carriage" means a motor vehicle the unladen weight of which .does not
exceedone thousand kilograms specially designed and constructed and not merely
adapted, for the use of a person suffering from some physical defect or disability and
used solely by or for such a person;
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(xxi) "laden weight" means the actual weight of the vehicle as loaded with the crew
andpassengers and the load carried on it;

(xxii) "Lane" means any one of the longitudinal strips into which the carriageway is
divisible, whether or not defined by longitudinal road markings, which is wide
enough for one moving line of motor vehicles other than motor cycles;

(xxiii) "level crossing" means any level intersection between a road and railway;

(xxiv) "licence" means the document issued by a competent authority authorizing the
personspecified therein to drive a motor vehicle of any specified class or description
or any animal drawn vehicle;

(xxv) "licensing authority" means an authority empowered to grant licences under this
Ordinance;

(xxvi) "light transport vehicle" means any public service vehicle other than a motor cab,
orany goods vehicle other than a heavy transport vehicle or a delivery van;

(xxvii) "locomotive" means a motor vehicle which is itself not constructed to carry any
load(other than equipment used for the purpose of propulsion), the unladen weight of
which exceeds seven thousand kilograms but does not include a road roller;

(xxviii) "moped" means any twowheeled or threewheeled vehicle which is fitted with
aninternal combustion engine having a cylinder capacity not exceeding fifty cubic
centimeters and maximum design speed not exceeding fifty kilometers per hour;

(xxix) "motor cab" means any motor vehicle constructed, adapted or used to carry not
morethan four passengers excluding the driver, used for hire or reward, but does not
include a motor cycle, an invalid persons carriage or a moped;

(xxx) "motor car" means any motor vehicle constructed, adapted or used to carry not
morethan six passengers excluding driver not used for hire or reward but does not
include motor cycle, invalid persons carriage or a moped;

(xxxi) "motor cycle" means any two wheeled vehicle, with or without a side car which
isequipped with a propelling engine but does not include a moped;

(xxxii) "motor rickshaw" means any motor vehicle with three wheels, constructed, adapted
orused to carry not more than four persons including the driver, the unladen weight
of which does not exceed eight hundred fifty kilograms;

(xxxiii) "motor vehicle" means any mechanically propelled vehicle which is normally
usedfor carrying persons or goods by road or for drawing, on the road, vehicles used
for the carriage of persons or goods;

(xxxiv) "motorway" means a road especially designed and built for motor vehicles which
does not serve the properties bordering on it except at special points and has separate
carriageways for the two directions of the traffic and does not cross at , level with
any road, railway, tramway, cycle track or footpath;

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(xxxv) "national highway" means a national highway as defined in the National Highway
Authority Act, 1991; (XI of 1991) and includes a road declared to be a national
highway under the said Act;

(xxxvi) "overtaking" course means a maneuver when a vehicle passes the side of another
vehicle by changing its course and then proceeding to the front of the said vehicle;

(xxxvii) "owner" means the person in whose name the road vehicle is registered and includes
—

(a) a transferee of the vehicle from such persons;

(b) in relation to a road vehicle which is the subject of a hire purchase agreement, the
person in possession of the vehicle under that agreement;

(c) where the person in whose name the road vehicle is registered or the person in
possession of the road vehicle under a hire purchase agreement is___

(i) a minor, the guardian of such a minor;

(ii) a company registered under the Companies Ordinance, 1984, (XLVII of 1984)
the directors of such company;

(iii) a society registered under the Societies Registration Act, 1860, (XXI of 1860) or
under any law relating to cooperative societies, the principal officer of such
society by whatever designation known;

(iv) a firm, all the partners of such firm ; and

(v) any other association of persons, all the members of such association:

Provided that where such company, firm, society or other association of persons has
given notice to the registering authority that it has nominated a director, partners, office-
bearer, member or officer, as the case may be, of the company, firm, society or
association to be the person nominated shall alone be deemed to be the owner for the
purposes of this Ordinance;

(xxxviii) "parking" means that a vehicle is stationary for any reason other than the need to
avoid interference with another road user or collision with an obstruction or to comply
with traffic regulations, and if the period during which the vehicle is stationary is not
limited to the time required to pick up or set down persons or goods;

(xxxix) "passenger" means every person including any employee of the owner or permit
holder traveling in the motor vehicle;

(xl) "pedestrians crossing" means that portion of a road marked by road signs or road
markings and set aside for pedestrians to use for crossing the road;

(xli) "patrol post" means a police post on a national highway having jurisdiction within the
area specified by the Government;

(xlii) "permit" means the document issued by the Provincial Transport Authority, or a
Regional Transport Authority, authorizing the use of a transport vehicle as a contract
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 carriage or stage carriage, or authorizing, the owner as a private carrier to use such
vehicle;

(xliii) "police officer" mean a police officer in uniform ;

(xliv) "prescribed" means prescribed by rules made under this Ordinance;

(xlv) "private carrier" means an owner of a transport vehicle other than a public carrier who
uses that vehicle solely for the carriage of goods which are his property or the carriage
of which is necessary for the purposes of his business not being a business of providing
a transport;

(xlvi) "public carrier" means an owner of a transport vehicle who transports or undertakes to
transport goods, to any public place whether for hire or reward and includes any
person, body, association or company engaged in the business of carrying goods of
persons associated with that person, body, association or company for the purposes of
having their goods transported;

(xlvii)"public service vehicle" means any road vehicle used or adapted to be used for
thecarriage of passengers for hire or reward and includes a motor cab or contract
carriage;

(xlviii) "registered laden weight" means in respect of any vehicle the total weight
certified and registered by the registering authority as permissible for that vehicle;

(xlix) "registering authority" means any authority empowered to register road vehicles
underthis Ordinance;

(l) "road" means any portion of the strip designed or ordinarily used by vehicular
trafficinclusive of shoulders;

(li) "road marking" means a marking which points out restrictions with reference to traffic
ona road and the lines of tracks, points and stones drawn on the surface of a road;

(lii) "road sign" means a sign board which points out a regulation or direction concerning
thetraffic on a road;

(liii) "road vehicle" means any motor vehicle designed and constructed for operating on
roadincluding animal drawn vehicle and bicycle;

(liv) "Schedule" means a Schedule to this Ordinance;

(lv) "shoulder" means that long and narrow portion of ground separate from the vehicular
road, at the edge of a road or a roadside where no sidewalk is established or set aside as
passage for pedestrians or reserved for stoppage of motor vehicles;

(Ivi) "signal" means a device which is operated by electric power and gives indications for
traffic control by appropriate lights;

(lvii) "single axle weight" means load of an axle of a goods vehicle transmitted by
severalwheels attached to that axle to the surface whereon the wheels rest;

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 (lviii) "stage carrier" means a road vehicle carrying or adapted to carry more than six persons
excluding the driver which carries passengers for hire or reward at separate fares paid or
for individual passengers either for the whole journey or for stages of the journey;

(lix) "tandem axle weight" means load of a twinaxle (two axles centretocentre spaced
between forty to fortyeight inches) of a goods vehicle transmitted by the several wheels
attached to that twinaxle assembly to the surface whereon the wheels rest;

(Ix) "tractor" means motor vehicle which is not itself constructed to carry any load other than
equipment used for the purpose of propulsion the unladen weight of which does not
exceed seven thousand kilograms but does not include a roadroller;

(lxi) "traffic signs" includes all signals, signs posts or other devices for the information,
guidance or direction of divers of road vehicles;

(lxii) "trailer" means any vehicle other than a sidecar and intended to be drawn by a
goodsvehicle for the carriage of goods;

(Ixiii) "transport vehicle" means a public service vehicle, a goods vehicle, a locomotive or a
tractor other than a tractor with or without trailer used solely for agricultural purposes;

(lxiv) "tridem axle weight" means the load of a triaxle (three axles, the outer two axles centre-
tocentre spaced between eighty to ninetysix inches) of a goods vehicle transmitted by
the several wheels attached to triaxle assembly to the surface whereon the wheels rest;

(lxv) "Tyre pressure" means inflation pressure of tyres of goods vehicles;

(Ixvi) "unladen weight" means the weight of a vehicle or trailer, including all equipment
ordinarily used within the vehicle or trailer when working, but excluding the weight of
the driver or attendant; and where alternative parts or bodies are used, the unladen weight
of the vehicle means the weight of the vehicle with the heaviest such alternative part or
body;

(lxvii) "weigh station" means stations incorporating static and weighinmotion (WIM)
devices installed to measure and enforce legal load limits; and

(lxviii) "weight" means the total weight transmitted for the time being by the wheels of
avehicle to the surface on which the vehicle rests.

(2) The words and expressions used, but not defined in this Ordinance, shall have the meanings
respectively assigned to them in the Provincial Motor Vehicles Ordinance, 1965. (W.P Ord XIX of
1965.)

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 CHAPTER II.—LICENSING

3. Prohibition on driving without licence. No person shall drive a road vehicle or animal drawn
vehicle on a national highway unless he holds and carries on his person a valid driving licence issued
to drive the particular class and type of vehicle.

4. Age limit in connection with driving of road vehicle.—(1) No person shall drive on a national
highway—

(a) a motor cycle or a motor car, otherwise than as a paid employee unless he has attained
theage of eighteen years;

(b) a transport vehicle, a public service vehicle, a motor car or an animal drawn vehicle as a
paid employee unless he has attained the age of twentyone years, and

(c) a transport vehicle above the age of sixty years.

(2)No fresh licence for a transport vehicle shall be issued unless the licence bears an
effectiveendorsement by the licensing authority that the person holding such a licence has furnished a
certificate in form "B" signed by the Chairman of the Medical Board as specified in the First
Schedule.

(3)The Government may constitute Medical Boards as specified in the Second Schedule
whichshall meet periodically on a predesignated time, day and place to test and certify persons as
required under this Ordinance.

5. Owners of road vehicles not to permit any person to drive in contravention of section 3
orsection 4. No owner or person incharge of a road vehicle shall cause or permit any person, who
does not satisfy the provision of section 3 or section 4, to drive any vehicle.

6. Grant of licence.—(1) Any person who is not disqualified under section 4 for driving a road
vehicle, and who is not for the time being disqualified for holding or obtaining a licence, may apply
to the prescribed licensing authority for the issue of a licence.

(2)Every application under subsection (1) shall be in Form "A" as set forth in the First
Scheduleand shall be signed by, or bear the thumb impression of the applicant in two places, and
contain the information specified therein.

(3)Where the application is for a licence to drive a transport vehicle, or where in any other
casethe licensing authority for reasons to be stated in writing so requires, the application shall be
accompanied by a medical certificate in Form "B" signed by the Chairman of the Medical Board as
laid down in the First Schedule.

(4)Every application for a licence to drive a motor vehicle or an animal drawn vehicle shall
beaccompanied by three copies of resent passport size photograph of the applicant.

(5)If from the application, or from the medical certificate referred to in subsection (3), it
appearsthat the applicant is suffering from any disease or disability which is likely to be a source of
danger to the public or to the passengers the licensing authority shall refuse to issue the licence,
provided that the applicant may, except where he suffers from a disease or disability specified in the
Third Schedule, request to be subjected to a test of his fitness or ability to drive a motor vehicle of a
particular construction or design, and if he passes such test to the satisfaction of the licensing

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authority and is not otherwise, disqualified, the licensing authority shall grant him a licence to drive
such vehicle as the licensing authority may specify in the licence.

(6 No licence shall be issued to any applicant unless he passes to the satisfaction of the licensing
authority the tests of competence specified in the Fourth Schedule and possesses a personal copy of
the most recent official version of the Highway and Motorway Code.

(7)The test of competence of driving skills shall be carried out in a vehicle of the class to
whichthe application refers and for the purposes of PartIV of the Fourth Schedule a person who
passes the test in driving

(a) a heavy transport vehicle shall be deemed to have also passed the test in driving anymotor
vehicle other than a motorcycle or an earthmoving or road construction machinery; and

(b) a light transport vehicle shall be deemed also to have passed the test in driving a motor
car, a motor cab and a delivery van.

(8)No licence shall be issued to any applicant to drive a heavy transport vehicle unless he hasheld
for a period of not less than three years, immediately preceding the making of the application, an
effective licence to drive a road vehicle other than a motorcycle, an invalid person's carriage or a
roadroller.

(9)When application has been duly made to the prescribed licensing authority and the
applicanthas satisfied such authority of his knowledge of the signs, rules, physical fitness and of his
competence to park and drive the vehicle of the class to which the applicant refers and has paid the
prescribed fee, the authority shall grant the applicant a licence unless—

(a) the applicant is disqualified under section 4 for driving a road vehicle or is for the
timebeing disqualified for holding or obtaining a licence;

(b) the licensing authority is satisfied that from the medical test it appears that he is
sufferingfrom any disease or disability specified in the Third Schedule or any other
disease or disability which is likely to cause the diving by him of a road vehicle to be a
source of danger to the public or to the passengers; and

(c) an endorsement refused under clause (a) shall be effective for a period of twelve months
from the date thereof but the said period may, from time to time, be extended by the
licensing authority by a further period of twelve months at any one time by recording
reasons in writing.

7. Form and contents of licence.—(1) Every licence to drive a road vehicle shall contain the
information required in Form "C" of the First Schedule and shall have affixed thereto one of the
photographs along with the signature or thumb impression given on the application for licence.

(2) A licence shall specify whether the holder is entitled to drive as a paid employee and whether
he is entitled to drive a public service vehicle and shall further be expressed as entitling the holder to
drive a road vehicle of one or more of the following classes, namely:—

(a) Motorcycle upto 80 cc

(b) Motorcycle more than 80 cc

(c) Three wheeler

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 (d) Invalid person's carriage

(e) Motor car/motor cab

(f) Light transport vehicle

(g) Heavy transport vehicle

(h) Road construction machinery

(i) Tractor/agricultural machinery

(j) A vehicle of a specified description (description to be attached).

8. Additions to licence.—(1) Any person holding a licence issued under this Ordinance who is not
for the time being disqualified for holding or obtaining a licence may apply in Form "D", as set forth
in the First Schedule, to the licensing authority for the addition of any class of vehicles to the licence
specified in subsection (2) of section 7.

(2)The provisions of section 6 shall apply to an application under this section as if the
applicationwere for the grant of a licence under that section to drive the class of vehicle which the
applicant desires to be added to his licence.

(3)No fee, other than a fee for the test of competence to drive, shall be charged for an addition toa
licence under this section.

9. Extent of validity of licence. A licence issued under this Ordinance shall be effective
throughout Pakistan.

10. Currency of licences. A licence issued under this Ordinance shall be effective initially
for one year and for five years thereafter.

11. Renewal of licences.—(1) The competent authority may, on an application made to it,
renew a licence issued under this Ordinance in accordance with the prescribed procedure.

(2)A licence to drive a transport vehicle shall not be renewed so as to be effective for any
periodafter the expiry of five years from the date of the medical certificate furnished by the licence
holder under section 4 unless he furnishes a fresh medical certificate in Form "B" as specified in the
First Schedule.

(3)An application for the renewal of a licence shall be in Form "E", as set forth in the
FirstSchedule, and shall contain the declaration required therein provided that if the applicant does
not, or is unable to, subscribe to the said declaration, the provision of subsection (5) of section 6 shall
apply.

(4)The fee payable for the renewal of a licence shall be as prescribed and enhanced fee may
beprescribed where the application for renewal is made more than thirty days from the date of expiry
of the licence:

Provided that if the application for renewal as made more than one year after the expiry of the
licence, the licensing authority may refuse to renew the licence unless the applicant undergoes, and
passes to its satisfaction, the test of competence specified in the Fourth Schedule.

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 (5)When the authority renewing the licence is not the authority which issued the licence it
shallintimate the fact of renewal to the authority which issued the licence.

12. Cancellation of licence on grounds of disease or disability. —(1) Notwithstanding anything

contained in section 10 or section 11 the licensing authority may, at any time, require the older of a
licence—

(a) to furnish a fresh medical certificate in Form "B" as set forth in the First Schedule
andsigned by the Chairman of the Medical Board as specified in the Fourth Schedule if
the licensing authority has reasonable grounds to believe that the holder of the licence is,
due to any disease or disability, unfit to drive a road vehicle; and

(b) to undergo driving competence tests as set forth in Parts I to IV of the Fourth
Scheduleprovided he has previously not been subjected to such test under this Ordinance,
if he is not a paid employee and if he is a paid employee, the time elapsed is not less than
five years.

(2)If the holder of the licence fails to produce the medical certificate or is unable to pass the
test,the licensing authority may cancel or refuse to renew his licence till such time the holder of the
licence produces the medical certificate, or passes the said test, to the satisfaction of the licensing
authority.

(3)When the authority cancelling or refusing to renew the licence is not the authority whichissued
the licence, it shall intimate the fact of cancellation or refusal to renew the licence to the authority
which issued the licence.

13. Order refusing to issue or renew a licence and appeals. —(1) Where the licensing authority
refuses to issue or renew a licence or cancels any licence, it shall do so by an order communicated to
the applicant or the licence holder, as the case may be, giving reasons in writing for such refusal or
cancellation.

(2)Upon the issue of any such order the person affected, if he is the holder of a licence,
shallforthwith surrender his licence to the licensing authority and the licensing authority shall, if no
appeal is preferred against its order as provided in subs ection (3), or where any appeal has been
preferred and dismissed, invalidate the licence or cause it to be invalidated.

(3)Any person aggrieved by an order referred to in sub section (1) may, within thirty days of the
service on him of the order, prefer an appeal to the prescribed authority whose decision thereon shall
be final.

14. Power of licencing authority to disqualify for holding a licence. —(1) If a licensing authority
is satisfied, after giving an opportunity of being heard, that any person—

(a) is a habitual drug addict;

(b) is a habitual criminal;

(c) is using or has used a motor vehicle in the commission of a cognizable ofence;

(d) has by his previous conduct as driver of a road vehicle shown that his driving is likely
tobe attended with danger to the public; or

(e) is a habitual drunkard,

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it may, for reasons to be recorded in writing, by order disqualify that person for a specified period for
holding or obtaining a licence. Upon the issue of any such order the person affected, if he is the holder
of a licence, shall forthwith surrender his licence to the licensing authority making the order, if the
licence has not already been surrendered, and the licensing authority shall record the order of
disqualification on the licence and keep it in safe custody until the disqualification has expired or has
been removed.

(2) Any person aggrieved by an order of a licensing authority under this section may, within thirty
days of the service on him of the order, prefer appeal to the prescribed authority and such appellate
authority shall give notice to the licensing authority and hear either party if so required by that party
and make such inquiry into the matter as it thinks fit and an order made by any such appellate
authority shall be final.

15. Power of court to order disqualification. The court taking cognizance of any offence
under this Ordinance may, in addition to imposing any other punishment authorized by law,
disqualify the convict from driving any or all classes of road vehicles for such period as it may
specify.

16. Effect of disqualification order.—(1) A person in respect of whom any disqualification

order is made under this Ordinance shall be debarred to the extent, and for the period, specified in
such order from holding or obtaining a licence and the licence, if any, held by such person on the date
of the order shall cease to be effective during such period.

(2)The operation of a disqualification order made under section 15 shall not be suspended
orpostponed while an appeal is pending against such order or against the conviction as a result of
which such order is made unless the appellate court so directs.

(3)Any person in respect of whom any disqualification order has been made for a period
longerthan six months, may at any time, after expiry of six months from the date of the order, apply
to the court or other authority, by which the order was made, to remove the disqualification and the
court or authority, as the case may be, having regard to all the circumstances of the case, remove or
vary the order of disqualification:

Provided that, where an application has been made under this section, a second application
thereunder shall not be entertained before the expiry of a further period of three months.

17. Power to make rules. —(1) The Government may, in consultation with National Highways
and Pakistan Motorway Police, by notification in the official Gazette, make Rules for the purpose of
carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or
any of the following matters, namely:—

(a) the appointment, establishment, jurisdiction, control and functions of licensing,

renewaland other authorities;

(b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees tobe
paid in respect of such appeals and the refund of such fees;

(c) the issue of duplicate licence to replace licences lost, destroyed or mutilated, the
replacement of photographs which have become absolete and the issuance of temporary
licences to persons receiving instruction in driving and the fees to be charged thereof;

Page 15 of 36
 (d) testing of applicants for licences, the fees to be charged thereof and conditions of
eligibility including educational qualification;

(e) the practical and physical tests as indicated in the Fourth Schedule.

(f) the exemption of persons or prescribed classes of persons from payment of all or
anyportion of the fees payable under this Chapter.

(g) the authorities which can suspend or cancel a licence; and

(h) the licensing of schools and establishments for the instruction of drivers of motor
vehicles,facilities to be provided, fees to be paid, syllabus to be taught and qualifications
of the instructional staff.

CHAPTER III.—REGISTRATION OF ROAD VEHICLES

18. Road vehicles not to be driven without registration.—(1) No person shall drive any road
vehicle and no owner of a road vehicle shall cause or permit the vehicle to be driven on any national
highway for the purpose of carrying passengers or goods unless the vehicle is registered in
accordance with this Chapter and the vehicle carries a registration mark displayed in the prescribed
manner.

Explanation.—A road vehicle shall not be deemed to be registered in accordance with this
Chapter if the certificate or registration has been suspended or cancelled.

(2) Nothing in this section shall apply to a road vehicle while being driven within the limits of
jurisdiction of a registering authority to, or from, the officially designated place of registration for the
purpose of being registered under sections 19, 21, 35, or 36 or to a road vehicle exempted from the
provisions of this Chapter while in the possession of a dealer in road vehicles.

19. Registration where to be made.(1) Subject to the provisions of sections 21, 35 and 36, every
owner of a road vehicle shall cause the vehicle to be registered by the registering authority of the
district unless the Government establishes such an authority by notification, in which he has his
residence or place of business or in which the vehicle is normally kept.

(2) Government may, by rules made under section 38 require that any certification of registration,
issued under the provisions of this Ordinance, shall be presented, within a prescribed period to a
specified registering, licensing and vehicle fitness authority for entry therein of such further
particulars of the vehicle as such authority may for the purpose of this Ordinance deem fit to record.

20. Registration how to be made.____ (1) An application by, or on behalf of, the owner of a road
vehicle for registration shall be in Form "F", as set forth in the First Schedule, and shall contain the
information required therein and shall be accompanied by the prescribed fee.

(2)The registering authority shall issue to the owner of a road vehicle registered by it a
certificateof registration in Form "G", as set forth in the First Schedule, and shall enter in a record to
be kept by it particulars of such certificate.

(3)The registering authority shall assign to the vehicle for display thereon a distinguishing
mark(in this Ordinance referred to as the registration mark) consisting of numerals, or of numerals
and letters, subject to the condition that the registration mark has been duly notified in the official
Gazette.
Page 16 of 36
 (4)Government may, by a notification in the official Gazette, direct that road vehicles
registeredbefore the commencement of this Ordinance shall be assigned new registration marks
within such period and according to such procedure as may be specified in the notification.

21. Temporary registration.—(1) Notwithstanding anything contained in section 19 the owner of

a road vehicle may apply in the prescribed manner to any registering authority to have the vehicle
temporarily registered and thereupon such registering authority shall issue to the owner of the vehicle
a temporary certificate of registration and assign to the vehicle a temporary mark of registration.

(2) A registration made under subsection (1) shall be valid only for a period of one month and
shall not be renewable.

22. Production of vehicle at the time of registration. The registering authority may, before
proceeding to register a road vehicle, require the person applying for registration of the vehicle to
produce the vehicle either before itself or such authority as Government may, by order, appoint for
this purpose in order that the registering authority may satisfy itself that the particulars contained in
the application are true and that the vehicle complies with the requirements of Chapter IV and the
rules made thereunder.

23. Refusal of registration.—(1) The registering authority may, for reasons to be recorded
in writing, refuse to register any road vehicle, if—

(a) the vehicle is mechanically so defective as to render its use unsafe;

(b) the vehicle does not comply with the requirements of Chapter IV, or the rules made
thereunder;

(c) the applicant fails to furnish particulars of previous registration of the vehicle if any; or

(d) the applicant fails to produce before the registering authority,—

(i) where the vehicle has been previously registered under law relating to the
registrationof road vehicles in force at any place in Pakistan, a letter of authority or a
certificate of transfer from the person shown as owner in the last registration
certificate in respect of such vehicle;

(ii) where the vehicle has been imported from any place out of Pakistan, has not
beenpreviously registered at any place in Pakistan, an import license for the vehicle;
or

(e) where the documents submitted by the applicant are suspected to be false.

(2) Where a registering authority refuses to register a road vehicle, it shall furnish to the applicant
free of cost a copy of the reasons for refusal.

24. Validity of registration.—(1) Subject to the provisions of section 25 and subsection (4) of
section 20, a road vehicle registered by a competent authority, in any part of Pakistan under any law
relating to road vehicles in force in such part, shall not be required to be registered under this
Ordinance:

Page 17 of 36
 Provided that there is in force in respect of the vehicle a certificate conforming to, and containing
substantially the same particulars as, the certificate of registration issued by such competent authority
in respect of such vehicle.

(2)A certificate complying with the requirements of the proviso to subsection (1) shall be
effective throughout the, country as if it were a certificate of registration issued under this Ordinance
and the provisions of this Ordinance shall apply thereto.

(3)Nothing in subsection (1) shall apply to any road vehicle previously registered in the countryif
the certificate of registration of the vehicle is, for the time being, suspended or cancelled for any
reason other than that of permanent removal of the vehicle from the country.

25. Assignment of fresh registration mark on removal to another Province. —(1) When a road
vehicle, not required to be registered in any part of Pakistan by virtue of subsection (1) of section 29,
is kept in the area for a period exceeding twelve months, the owner of the vehicle shall apply to the
registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new
registration mark and shall present the certificate of registration of the vehicle to the registering
authority.

(2) The registering authority, to which application is made under subsection (1), shall assign the
vehicle a registration mark in accordance with subsection (3) of section 20 to be carried thenceforth
on the vehicle and shall enter the mark upon the certificate of registration of the vehicle before
returning to the applicant and shall also, in communication with the registering authority by whom
the vehicle was previously registered, arrange for the transfer or the registration of the vehicle from
the records of that registering authority to its own records.

26. Change of residence or place of business.—(1) If the owner of the road vehicle ceases to
reside or has shifted place of business at the address recorded in the certificate of registration of the
vehicle, he shall, within thirty days of any such change of address, intimate his new address to the
registering authority by which the certificate of registration was issued, or, if the new address is
within the jurisdiction of another registering authority, to that other registering authority and shall at
the same time forward the certificate of registration to the registering authority in order that the new
address may be entered therein.

(2)A registering authority other than the original registering authority making any such
entry,shall communicate the altered address to the original registering authority.

(3)Nothing in subsection (1) shall apply where the change of the address recorded in the
certificate of registration is due to a temporary absence not intended to exceed one year in duration or
where the road vehicle is neither used nor removed from the address recorded in the certificate of
registration.

27. Transfer of ownership.—(1) Within thirty days of the transfer of ownership of any road
vehicle registered under this chapter, the transferor shall initiate, through a registered letter, the
transfer to the original registration authority and the transferee shall forward the certificate of
registration of the vehicle to that registering authority within whose jurisdiction he ordinarily resides
together with the prescribed fee in order that particulars of the transfer of ownership may be entered
therein.

Page 18 of 36
 (2) A registering authority other than the original registering authority making any such entry shall
communicate the transfer of ownership to the original registering authority.

28. Alteration in road vehicle.—(1) If a road vehicle is so altered that the particulars contained in
the certificate of registration are no longer accurate, the owner of the vehicle shall, within fourteen
days of the making of any such alteration, report the alteration to the registering authority within
whose jurisdiction he resides and shall forward the certificate of registration of the vehicle to that
registering authority with the prescribed fee in order that particulars of the alteration may be entered
therein:

Provided that it shall not be necessary to report any change in the unladen weight of the road
vehicle consequent on the addition or removal of fittings or accessories, if such change does not
exceed two per cent of the weight entered in the certificate of registration.

(2) A registering authority other than the original registering authority making any such entry shall
communicate the details of the entry to the original registering authority.

29. Suspension of registration.—(1) A registering authority or any other prescribed authority may,
after giving the owner an opportunity of being heard and for reasons to be recorded in writing,
suspend the registration certificate of a road vehicle if,—

(a) the vehicle is not insured as required under this Ordinance.

(b) any fees or taxes payable in respect of the vehicle under this Ordinance or the rules
madethereunder, or under any other law have remained unpaid for a period exceeding
three months form the date of such fees or taxes were due;

(c) in the case of a transport vehicle, if it is not covered by a valid certificate of fitness;

(d) the authority has reasons to believe that the vehicle is in such a condition that its use in
apublic place would constitute a danger to the public, or that it fails to comply with the
requirements of Chapter IV or of the rules made thereunder;

(e) a substantially false statement has been made in the application for registration of
thevehicle; or

(f) the registration certificate has been deliberately defaced or mutilated or unauthorized
additions or alterations have been made therein;

and such suspension shall remain in force till such time the deficiencies have been rectified and the
grounds, on which suspension was made, no longer exists.

(2)A registering authority, or any prescribed authority, may, after giving the owner an
opportunity of being heard and for reasons to be recorded in writing, suspend for a period not
exceeding six months, the certificate of registration of a vehicle if—

(a) it is satisfied that the vehicle is used for subversive activities against the State;

(b) the vehicle is used for hire or reward without obtaining a permit from the
competentauthority; or

Page 19 of 36
 (c) it is established in a court that the vehicle has been used by the owner or with his
knowledge or connivance in the commission of a cognizable offence punishable with
imprisonment of five years or more.

(3)An authority other than a registering authority, shall when making a suspension order
undersubsection (1), intimate in writing the fact of suspension and the reasons therefor to the
registering authority within whose jurisdiction the vehicle is at the time of the suspension.

(4)A registering authority, or other prescribed authority, suspending the registration certificate
ofa road vehicle under this section shall communicate the fact of suspension together with the reasons
therefor in writing to the owner of the vehicle, and the owner shall thereupon forthwith surrender to
that authority the certificate of registration and any other document issued to authorize the use of the
vehicle in a public place.

(5)Where the registration of a road vehicle has been suspended under subsection (1) for a
periodof not less than one month, the registering authority, within whose jurisdiction the vehicle was
at the time the registration was suspended, shall, if it is not the original registering authority, inform
the original authority about the suspension, and when the suspension is continued without
interruption for a period of not less than six months, the registering authority within whose
jurisdiction the vehicle was at the time the registration was suspended, may, if it is the original
registering authority cancel the registration and if it is not the original registering authority shall
forward the certificate of registration and any other document surrendered under subsection (4) to
that authority which may cancel it forthwith.

(6)The certificate of registration and any other document surrendered under subsection (4)
shallbe returned to the owner when the order suspending registration is rescinded.

30. Cancellation of registration.—(1) If a road vehicle has been destroyed, or has been rendered
permanently incapable of use, the owner shall within a period not exceeding fifteen days report the
fact to the registering authority, within whose jurisdiction he resides, and shall forward to that
authority the certificate of the vehicle together with any document issued to authorize the use of the
vehicle in a public place.

(2)The registering authority shall, if it is the original registering authority, cancel the
registrationand the certificate of registration or, if it is not the original authority shall forward the
report and the certificate of registration to the original registering authority and that authority shall
cancel the registration and the certificate of registration forthwith.

(3)Any registering authority may order the examination of a road vehicle within its jurisdictionby
such authority as it may appoint and, if upon such examination and after giving the owner an
opportunity of being heard, it is satisfied that the vehicle is in such a condition that its use in a public
place would constitute a danger to the public and that it is beyond reasonable repair, may, for reasons
to be recorded in writing, cancel the registration of the vehicle.

(4)If the registering authority is satisfied that a road vehicle has been permanently removed outof
the Province, it shall cancel the registration of the vehicle and inform the owner of such vehicle
accordingly.

(5)A registering authority or any prescribed authority cancelling the registration of a road
vehicleunder this section shall communicate the fact, together with the reasons therefor, in writing to
the owner of the vehicle, and the owner of the vehicle shall thereupon forthwith surrender to that

Page 20 of 36
authority the certificate of registration of the vehicle and any other document issued to authorize the
use of the vehicle in a public place.

(6)A registering authority making an order of cancellation under this section shall, if it is
theoriginal registering authority, cancel the certificate of registration and the entry relating to the
vehicle in its record, and if it is not the original registering authority, intimate in writing the fact of
cancellation, and the reasons therefor, and forward the certificate of registration and any other
document surrendered to it to the original registering authority, and that authority shall cancel the
certificate of registration and the entry relating to the road vehicle in its records forthwith.

Explanation.—The expression "original registering authority", hereinafter used, means the

registering authority in whose records the registration of the vehicle is recorded.

31. Appeals.—(1) Any owner of a road vehicle aggrieved by an order of refusal to register a road
vehicle made under section 23 or by an order of suspension or cancellation of registration made under
section 29 or section 30 or to issue a certificate under subsection (1) of section 34 or by an order of
cancellation of the fitness certificate made under subsection (3) of section 34 may, within thirty days
of the date on which he has received notice of such order, prefer appeal against the order in the
prescribed manner to the prescribed authority.

(2) The appellate authority shall give notice of the appeal to the original authority, and after
giving opportunity of being heard to the original authority and the appellant either personally or by
pleader pass such orders, as it may think fit.

32. Special requirement for registration of transport vehicles. —(1) A registering authority shall
refuse to register a transport vehicle, other than a motor cab unless the application for registration is
accompanied by a document in Form "H", as set forth in the First Schedule, signed by the maker of
the vehicle or an assembler duly authorized by the maker in this behalf stating the maximum laden
weight and maximum weights for which the vehicle is and the several axles are designed.

(2) Where a transport vehicle or chassis, as the case may be, has affixed to it a metal plate,
bearing the stamp of the maker or assembler and identified as appertaining to the particular vehicle or
chassis to which it is attached, which contains the particulars specified in subsection (1), that plate
may at the discretion of a registering authority be deemed to be the document referred to in that
subsection.

33. Special particulars to be recorded on registration of transport vehicle. A registering

authority, when registering a transport vehicle other than a motorcab, shall enter in the record of
registration and shall also enter in the certificate of registration of the vehicle the following
particulars, namely:—

(a) the unladen weight of the vehicle;

(b) the number, nature and size of the tyres attached to each wheel;

(c) the laden weight of the vehicle and the axle weights pertaining to the several axles
thereof, determined in accordance with the load ratings approved by the Provincial
Transport Authority;

(d) if the vehicle is used or adapted to be used for the carriage of passengers solely, or
inaddition to goods, the number of passengers for whom accommodation is provided.

Page 21 of 36
 34. Certificate of fitness of transport vehicles.—(1) Subject to the provisions of section 35
a transport vehicle shall not be deemed to be validly registered for the purposes of section 18 unless it
carries a certificate of fitness in Form "I" as set forth in the First Schedule, issued by the prescribed
authority, to the effect that the vehicle complies for the time being with all requirements of Chapter
IV and the rules made thereunder, and where the prescribed authority refuses to issue such certificate
it shall supply the owner of the vehicle with its reasons in writing for such refusal free of any charge.

(2)Subject to the provisions of subsection (3), a certificate of fitness shall remain effective forone
year unless a shorter period, not being in any case less than six months, is specified in the certificate
by the authority issuing the certificate.

(3)The prescribed authority may, for reasons to be recorded in writing, cancel a certificate
offitness at any time, if satisfied that the vehicle to which if relates no longer complies with any one
or more of the requirements of this Ordinance and the rules made thereunder and on such cancellation
the certificate of registration of the vehicle and any permit granted in respect of the vehicle shall be
deemed to be suspended until a new certificate of fitness has been obtained.

(4)The certificate of fitness shall automatically become invalid if the vehicle is involved in
anaccident resulting in loss of property damage exceeding five thousand rupees or personal injuries
requiring hospitalization or death.

35. Registration of vehicles being the property of the Government.—(1) Authority designated by
the Government may register any road vehicle which is the property, or for the time being under the
exclusive control of the Government and any vehicle so registered shall not so long as it remains the
property or under the exclusive control of the Government require to be registered otherwise than
under this Ordinance.

(2)A transport vehicle registered under this Ordinance shall carry a certificate of fitness issued
bythe prescribed authority.

(3)An authority registering a vehicle under subsection (1) shall assign to it a registration markand
shall issue a certificate in respect of the vehicle that the vehicle has been registered under this section.

(4)If a vehicle registered under this section ceases to be the property or under the
exclusivecontrol of the Government, the provisions of section 19 shall thereupon apply.

(5)The authority registering a vehicle under subsection (1) shall furnish to the Government
allinformation regarding the nature, overall dimensions and axle weight of the vehicle as the
Government may require.

36. Special registration of vehicles. Notwithstanding anything contained, in this Chapter

Government may, by rules, prescribe a special procedure for the registration of any class, or type or
category of road vehicles, or road vehicles belonging to a specified class of persons, or individuals.

37. Application of Chapter III to trailers.—(1) The registration mark assigned to a trailer
shall be displayed in the prescribed manner on the vehicle.

(2) No person shall drive a road vehicle to which a trailer or trailers are attached unless the
registration mark of the vehicle so driven is displayed in the prescribed manner on the trailer or on the
last trailer in the train, as the case may be.

Page 22 of 36
 38. Power to make rules.—(1) Government may in consultation with National Highways and
Pakistan Motorway Police, by notification in the official Gazette, make rules for the purpose of
carrying into effect the provision of this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or
any of the following matters, namely:—

(a) the appointment, establishment, functions and jurisdiction of registering and other
prescribed authorities;

(b) the conduct and hearing of appeals that may be preferred under this chapter, the fees tobe
paid in respect of such appeals and the refund of such fees;

(c) the issue of certificates of registration and certificates of fitness and duplicate of
suchcertificates to replace certificates lost, destroyed or mutilated;

(d) the temporary registration of road vehicles and the issue of temporary certificates of
registration and marks;

(e) the manner in which registration marks and the particulars referred to in section 33
andother prescribed particulars shall be exhibited;

(f) the authorizing of workshops of the authorized dealers to issue certificates of fitness
inrespect of vehicles handled by them, the licensing of such workshops, their inspection,
the terms and conditions and the period for which, and the authorities by whom, the
licence may be granted and renewed and the fees to be paid for grant and renewal of the
licences;

(g) the fees to be charged for the issue or alteration of certificates of registration, for
certificates of fitness, for registration marks and for the examination or inspection of road
vehicles and the refund of such fees;

(h) the exemption of prescribed persons or prescribed classes of persons from payment of
allor any portion of the fees payable under this Chapter;

(i) the forms, other than those setforth in the First Schedule, to be used for the purpose ofthis
Chapter;

(j) the communications between registering authorities of particulars of certificates of

registration and by owners of vehicles registered outside the federal territory of
particulars of such vehicles and of their registration;

(k) the particulars to be furnished by the owner of any road vehicle to the registering
authority, upon the transfer of possession of the road vehicle under the terms of a hiring
agreement;

(l) the extension of the validity of certificates of fitness pending consideration of

applicationfor their renewal;

(m) the exemption from the provisions of this Chapter and the conditions and fees for
exemption of road vehicles in the possession of dealers;

Page 23 of 36
 (n) the exemption of roadrollers, graders and other vehicles designed and used solely for
theconstruction, repair and cleaning of roads from all or any of the provisions of this
chapter and the rules made thereunder, and the conditions governing such exemption of
light goods vehicles from the provisions of section 34 and the conditions governing such
exemption;

(o) requiring the owner of a road vehicle not registered within the Federal Territory, which
isbrought into or is for the time being in the territory, to furnish to the prescribed
authority such information with respect to the road vehicles and its registration as may be
prescribed; and

(p) licensing of the dealers of the road vehicles, fee to be paid, facilities to be provided,
formsto be filled and returns to be submitted.

CHAPTER IV.—CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF ROAD

VEHICLES

39. General provision regarding construction and maintenance. Every motor vehicle,
bicycle or animal drawn vehicle shall be so constructed as to be at all times conforming to the
specifications laid down under law.

40. Power to make rules.—(1) Government may, in consultation with National Highways
and Pakistan Motorway Police, by notification in the official Gazette, make rules regarding the
construction, equipment and maintenance of motor vehicles, trailers, bicycles and animal drawn
vehicles.

(2) Without prejudice to the generality of the foregoing power, Government may make rules
governing any of the following matters either generally in respect of motor vehicles, trailers, bicycles
and animal drawn vehicles or in particular circumstances, namely:—

(a) the width, height, length and overhead of vehicles and of the loads to be carried therein;
(b) seating arrangements in public service vehicles and the protection of passengers
againstthe weather and collision;
(c) the size, nature and condition of tyres;

(d) brakes and steering mechanism;

(e) the use of safety glass;

(f) signaling appliances, lamps and reflectors;

(g) speed governors;

(h) the emission of smoke, visible gases, ashes, grit or oil;

(i) the reduction of noise emitted by or caused by vehicles;

(j) prohibiting or restricting the use of audible signals at certain times or in certain places;

(k) prohibiting the carrying of appliances likely to cause annoyance or danger;

(l) the periodical testing and inspection of vehicles by prescribed authorities;

Page 24 of 36
 (m) the particulars, other than registration marks, to be exhibited;

(n) the use of the trailers or semitrailers with motor vehicles;

(o) prohibiting or requiring the painting in particular description or for particular purposes
orin particular areas;

(p) registration, control and supervision of vehicle repair establishments; and

(q) the use of safety belt.

______ CHAPTER V—CONTROL OF TRAFFIC

41. No fault accident compensation insurance. —(1) No owner of a road vehicle shall use, or
permit to be used, and no driver of such vehicle shall drive, or cause or permit to be driven, the
vehicle on a national highway unless it is covered by an insurance of "No Fault Accident
Compensation" by a registered insurance company. This will not apply to a road vehicle covered by
the Pakistan Transporter's Mutual Assistance Cooperative Society, Pakistan Automobile Association
or any other road transport cooperative society so recognized by the prescribed authority in this
behalf.

(2) The claimant for compensation under this section shall not be required to plead and establish
that the death or permanent disablement resulted from the fault of the owner/driver of the vehicle.

42. Limits of speed.—(1) No person shall drive a road vehicle, or cause or allow a road vehicle to
be driven, on a national highway at a speed exceeding the maximum speed fixed for the type of
vehicle by or under this Ordinance, or by or under any other law for the time being in force:

Provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in
the Fifth Schedule.

(2) The Government, or any agency authorized in this behalf may, on a report from the National
Highways and Pakistan Motorway Police restrict the speed of motor vehicles in the interest of public
safety, or convenience or because of the nature of any road or bridge fix such lower speed limit as it
thinks fit, for road vehicles or any specified class of motor vehicles either generally or in a particular
area or on a particular road or roads, and where any such restrictions are imposed, cause appropriate
traffic signs to be placed or erected under section 46 at suitable places in such area or on or near such
road or bridge, as the case may be.

43. Limits of weight and limitation on use.—(1) No transport vehicle shall be driven in such a
state that the total weight of the vehicle and its load including the weight of any trailer drawn by the
vehicle and the load carried thereon or in such state that the weight carried on any axle of the vehicle
or trailer exceeds the limits specified in the Sixth Schedule.

(2)The Government may prescribe conditions for the issue of permits for heavy transport vehicles
and may prohibit or restrict the use of such vehicles in any area or route within the area.

(3)Except as may be otherwise prescribed, no person shall drive, or cause or allow to be

driven,on a national highway any road vehicle which is not fitted with pneumatic tyres or fails to
carry reflective emergency warning triangle signs.

(4)No person shall drive or cause or allow to be driven on a national highway any motor
vehicleor trailer—
Page 25 of 36
 (a) the unladen weight of which exceeds the unladen weight specified in the certificate
ofregistration;

(b) the laden weight of which exceeds the maximum laden weight specified in the
certificateof registration; or

(c) any axle weight which exceeds the maximum axle weight specified for that axle in
thecertificate of registration.

(5)Where the driver, or person in charge, of a motor vehicle or trailer, drives it in contraventionof
subsections (2), (3) or (4) and is not the owner, the court adjudicating the matter may, on proper
evidence, presume that the offence was committed with the knowledge, or under the orders, of the
owner of the motor vehicle or trailer.

44. Power to have vehicle weighed. Any police officer in uniform, or any person
authorized by the Government in this behalf, may, if he has reason to believe that a goods vehicle or
trailer is being used in contravention of subsection (4) of section 43, require the driver to convey the
vehicle to the nearest weighing device for weighment; and if the vehicle is found to contravene the
provisions of that subsection, he may, by order in writing, direct the driver to convey the vehicle or
trailer to the nearest place, where facilities exist for the storage of goods, and not to remove the
vehicle or trailer from that place until the laden weight or axle weight has been reduced or the vehicle
has otherwise been treated so that it complies with the aforesaid provisions.

45. Power to restrict the use of vehicle. The Government, or any agency authorized by it in
this behalf, if satisfied that it is necessary in the interest of public safety or convenience, or because
of the nature of any road or bridge, may prohibit, or restrict, subject to such exceptions and
conditions as may be specified, the driving of motor vehicles or of any specified class of motor
vehicles or the use of trailers either generally in a specified area or on a specified road or bridge and
when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed
or erected under section 46 at suitable places in such area or on or near such road or bridge as the
case may be.

46. Power to erect traffic signs.—(1) The Government, or any agency authorized by it in
this behalf, may cause or permit traffic signs to be placed or erected on any national highway for the
purpose of regulating road vehicle traffic.

(2)Traffic signs erected under this Chapter shall be of the size, colour and type and shall
havemeaning set forth in the Seventh Schedule, but the Government, or any authority empowered by
it in this behalf, may make or authorize the addition to any sign set forth in the said Schedule of
transcription of the words, letters or figures thereon in such script as the Government may deem fit:

Provided that the transcriptions shall be of similar size and colour to the words, letters or figures
set forth in the said Schedule.

(3)The Government, or any agency authorized under subs ection (1), may erect additional signs
which in its opinion are necessary for regulating road vehicle traffic and ensuring road safety.

(4)The Government, a police officer in uniform or any agency, authorized under subsection
(1),may remove or cause to be removed any sign or advertisement which, in its opinion, is so placed
as to obscure any traffic sign from view, or is so similar in appearance to a traffic sign as to be
misleading or is otherwise considered a traffic hazard.

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 47. Parking places and halting stations. The Government, or any agency authorized by it in
this behalf, may, on the recommendation of the National Highways and Pakistan Motorway Police
determine places at which motor vehicles including animal drawn vehicles and bicycles may stop
either indefinitely, or for a specified period of time, and may determine the places and service areas
on national highways at which public service vehicles may stop for a longer time than is necessary
for taking up and setting down of passengers.

48. Power to remove vehicle obstructing traffic. —(1) A police officer in uniform may
remove, or cause to be removed, in the prescribed manner, any motor vehicle, animal drawn vehicle
and bicycle parked or standing in a position or at a place in contravention of the provisions of the
Eight Schedule relating to parking which in his opinion may obstruct or cause danger to other road
users.

(2) No obstruction in any form, manner or mode, including unauthorized barrier shall be placed
on any national highway except in connection with an authorized public work undertaken after
approval of National Highways and Pakistan Motorway Police of the area and after following the
instructions laid down by it for sign posting, placing visible lighted markings. Any police officer in
uniform shall have the same powers in. removing these obstructions as in the case of motor vehicles
under subsection (1).

49. Duty to obey traffic signs.—(1) Every driver, of a motor vehicle, in charge of an animal
drawn vehicle, rider of a bicycle or a pedestrian shall drive the vehicle and use the national highway
in conformity with any indication given by a mandatory or a regulatory sign including road markings
set forth in Parts II, III and V of the Seventh Schedule applicable to it and shall comply with all
directions given by any electrical traffic signaling device or by any police officer in uniform engaged
in the regulation of traffic.

(2)In subsection (1) "mandatory traffic sign" and "regulatory traffic sign" shall include
anycircular disk displaying a device, word or figure and having a red border, erected for the purpose
of regulating road vehicle traffic under subsection (1).

(3)Provisions of this section shall not apply to a fire engine and ambulance on emergency run ora
police vehicle on duty.

50. Signals and signaling devices. The driver of a road vehicle driving on a national
highwayshall on the occasions specified in the Ninth Schedule make the signal specified therein:

Provided that the signals of an intention to turn to the right or left or to stop may be given by a
mechanical or an electrical device of a prescribed nature affixed to the vehicle.

51. Emission of smoke, vapour or grease and noise. —(1) No road vehicle shall be given
on a national highway which emits any smoke, visible vapour, grit, sparks, ashes, cinders, or oily
substance the emission of which could be prevented or avoided by taking reasonable steps or the
exercise of reasonable care or the emission of which might cause damage or annoyance to other
persons or property or endanger the safety of any other user of a national highway.

(2) No motor vehicle shall be driven on a national highway fitted with a multitoned horn giving a
succession of different notes or with any other soundproducing device giving an unduly harsh, shrill,
loud or alarming noise.

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 52. Vehicle with left hand control. No person shall drive, or cause to be driven on a
national highway any road vehicle with left hand steering control unless it is fitted with a plate
indicating "Left Hand Drive" at the rear of the vehicle.

53. Leaving vehicle in dangerous position. No person in charge of a road vehicle shall
cause or allow the vehicle or any trailer to remain at rest on any national highway in such a position
or in such a condition or in such circumstances as to cause danger, obstruction or undue
inconvenience to other users of the national highway.

54. Riding on running boards. No person driving, or being in charge of a motor vehicle, on
a national highway shall carry any person or permit any person to carry, and no person shall permit
himself to be carried, on the running board or otherwise than within the body of the vehicle.

55. Obstruction to driver. No person driving a road vehicle on a national highway shall
allow any person to stand or sit or be placed in such manner or position as to hamper the diver in
control of the vehicle.

56. Stationary vehicle. No person driving or being in charge of a motor vehicle on a

national highway shall cause or allow the vehicle to remain stationary in any public place unless there
is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been
stopped and brakes applied or such other measures taken to ensure that the vehicle cannot be
accidentally put into motion in the absence of the driver.

57. Two wheeled motor vehicles.—(1) No driver of a motorcycle driving on a national

highway shall carry more than one person in addition to himself and no person shall allow himself to
be carried otherwise than sitting on a proper seat securely fixed to the motorcycle behind the driver's
seat.

(2) No person shall drive or be carried on a motorcycle except when he is wearing a crash helmet.

58. Duty to produce licence and certificate of registration. —(1) The driver of a road vehicle on a
national highway shall, on demand by any police officer in uniform or any person authorized by the
Government in this behalf, produce his driving licence, certificate or insurance and the certificate of
registration of the vehicle and where the vehicle is a transport vehicle, the certificate of fitness and
the permit of the vehicle for examination.

(2) If the certificate of registration, certificate of insurance or licence is not at the time in
possession of the person on whom demand is made, it shall be a sufficient compliance with this
section if such person provides the original documents referred to in subsection (1) within fifteen
days at the concerned patrol post or to the same police officer:

Provided that the provisions of this subsection (2) shall not apply to a driver driving as a paid
employee or to the driver of a transport vehicle or to any person required to produce the certificate of
registration or the certificate of fitness of a transport vehicle.

59. Duty of driver to stop in certain cases. The driver of a road vehicle driving on a national
highway shall cause the vehicle to stop and remain stationary so long as may reasonably be necessary
—

(a) when required to do so by any police officer in uniform;

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 (b) when the vehicle is involved in the occurrence of an accident to a person, animal or
vehicle or damage to any property, whether the driving or management of the vehicle was
or was not the cause of the accident or damage; or

(c) at road works or in emergencies when stoppage of traffic might become necessary and
heshall give his name and address and the address of the owner of the vehicle to any
person affected by the accident provided that such person also furnishes his name and
address to that person.

60. Duty of give information. —(1) The owner of a road vehicle the driver of which is
accused of an offence under this Ordinance shall, on demand by a police officer in uniform or any
other person authorized in this behalf by the Government, give all information regarding the name,
address and the licence held by the driver which is in his possession or could by the exercise of due
diligence be ascertained by him.

(2) The driver of a road vehicle shall, on the demand by a person giving his own name and
address and alleging that the driver has committed an offence punishable under this Ordinance, give
his name and address to that person.

61. Duty of driver in case of accident and injury to a person or damage to property. When
any accident occurs on a national highway in which a road vehicle is involved, the driver of the
vehicle or other person in charge of the vehicle shall—

(a) if any person is injured as a result of such accident, take all reasonable steps to
securemedical attention for the person so injured, and if necessary, convey him to the
nearest hospital, unless the injured person or his guardian, in case he is a minor, desires
otherwise;

(b) if any animal is injured as result of such accident, take steps and endeavour to locate
andreport the matter to the owner or custodian of the animal so injured and take all
reasonable steps to secure medical aid, if necessary, for the animal;

(c) if any damage has been caused to any property as a result of such accident, take
reasonable steps to report the damage to the party sustaining the damage;

(d) give on demand by a police officer in uniform any information required by such officer
relating to the occurrence; or if no such officer is present, report the circumstances of
occurrence at the nearest patrol post as soon as possible and in any case within twenty
four hours of the occurrence; and

(e) park his vehicle in such a manner and also erect warning signs so that his vehicle does
notpose any hazard or danger to other users of the national highway.

62. Inspection of vehicle in accident. When any accident occurs on a national highway in
which a road vehicle is involved, any police officer in uniform or any person authorized in this behalf
by the Government, may inspect the vehicle and for that purpose enter at any reasonable time any
premises where the vehicle is stationed and may remove the vehicle for examination:

Provided that the place to which the vehicle is removed shall be intimated to the owner of the
vehicle and the vehicle shall be returned without unnecessary delay and in no case later than
fortyeight hours of its removal.

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 63. Railway crossing. The driver of a road vehicle who desires to pass over a Railway
Level Crossing shall cause the vehicle to come to a complete stop before the crossing and shall not
attempt to pass over the crossing unless he has made sure by looking

both ways, to the left and right, and listening to the audible signal or siren of the train, that no train is
likely to approach from either side, when his vehicle is going over the crossing.

64. Power to make rules. —(1) The Government may, in consultation with National
Highways and Pakistan Motorway Police, by notification in the official gazette, make rules for
carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or
any of the following matters relating to national highways or road vehicles to be driven on a national
highway, namely:—

(a) the nature of the mechanical or electrical signaling devices which may be installed on
roadvehicles;

(b) erection of electrical traffic signaling devices, and the types of such devices that may
beinstalled;

(c) removal and the safe custody of vehicles including their loads which have broken down
orwhich have been left standing or have been abandoned on roads;

(d) installation and use of weighing devices;

(e) exemption from all or any of the provision of this Chapter of emergency vehicles
andother special classes of vehicles subject to such conditions as may be prescribed;

(f) standardization of limits of load and passengers for animal drawn vehicles;

(g) prohibiting movement of certain dangerous cargoes until specific safety conditions
fortransportation have been fulfilled;

(h) prevention of danger, injury or annoyance to the public or any person, or of danger
orinjury to property or of obstruction to traffic;

(i) terms and conditions for societies and associations to provide exemption from the
provision of No Fault Accident Compensation Insurance Coverage' for its members under
section 41, determine the procedure for no fault compensation' ; and.

(j) fix speed limits within the parameters as laid down in the Fifth Schedule.

CHAPTER VI.—OFFENCES, PENALTIES AND PROCEDURE

65. Offence relating to licences. —(1) Whoever, being disqualified for holding or obtaining a
licence, drives a motor vehicle or animal drawn vehicle, without valid licence, on a national highway
shall be punishable with imprisonment for a term which may extend to six months or with fine which
may extend to one thousand rupees, or with both.

(2) The police officer taking cognizance of the offence under subsection (1) may bar the driver
from driving the vehicle and impound the vehicle.

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 66. Driving at excessive speed.—(1) Whoever drives a road vehicle on a national highway in
contravention of the speed limits specified in the Fifth Schedule shall be punished with
imprisonment, or with fine, or with both, as specified in the Tenth and the Twelfth Schedules, as the
case may be.

(2) No person shall be convicted of an offence punishable under subsection (1) unless the
estimate of the speed is obtained by the use of some mechanical or electronic device.

67. Driving recklessly or dangerously. Whoever drives a road vehicle on a national

highway at a speed or in a manner which is dangerous to human life or property having regard to
traffic, road, weather or other prevailing conditions, shall be punishable with imprisonment for a term
which may extend to one month or with fine which shall not be less then five hundred rupees and
may extend to one thousand rupees, or with both.

68. Driving while under the influence of alcohol or drugs.—(1) Whoever drives or attempts
to drive a road vehicle on a national highway while under the influence of alcohol or a drug to such
an extent as to be incapable of exercising proper control over the vehicle, shall be punishable with
imprisonment for a term which may extend to one month or with fine which shall not be less than
five thousand rupees and may extend to ten thousand rupees, or with both.

(2) No person shall be convicted of an offence punishable under subsection (1) unless the extent
of the influence is determined by a medical practitioner authorized by the Government.

69. Driving when mentally or physically unfit. (l) Whoever drives a road vehicle on a national
highway when he is suffering from a disease or disability to render his driving of the vehicle to be a
source of danger to the public shall be punishable with imprisonment for a term which may extend to
one month or fine which shall not be less than five hundred rupees and may extend to one thousand
rupees, or with both.

(2) No person shall be convicted of an offence punishable under subsection (1) unless so
determined by the Medical Board as set out in the Second Schedule.

70. Racing and trial of speed. Whoever without the written consent of the prescribed
authority, permits or takes part in a race or trial of speed on a national highway between road vehicles
shall be punishable with imprisonment for a term which may extend to one month or with fine which
shall not be less than one thousand rupees and may extend to two thousand rupees, or with both.

71. Punishment for abetment of certain offences. Whoever abets the commission of an
offence under sections 60, 65, 66, 67, 68, 69 and 70 shall be punishable with the punishment
provided for the offence.

72. Using vehicle in unsafe condition. Whoever drives or causes or allows to be driven on
any national highway a road vehicle or a trailer in a condition which is liable to render the vehicle
unsafe, and a source of danger to himself and other users, shall be punishable with imprisonment for
a term which may extend to one month or with fine which shall not be less than five hundred rupees
and may extend to one thousand rupees, or with both.

shall not be less than five hundred rupees and may extend to one thousand rupees, or with both.

73. Using vehicle with shaded glasses. Whoever drives or causes or allows to be driven on
a national highway, a road vehicle with shaded glass shall be punishable with imprisonment for a

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term which may extend to one month or with fine which shall not be less than five hundred rupees
and may extend to two thousand rupees, or with both.

74. Offences relating to construction of vehicle. Whoever being a fabricator, assembler,

dealer or importer of road vehicles, fabricates, assembles, sells or delivers a road vehicle or trailer in
such a condition that the use thereof on a national highway would be dangerous or unsafe shall be
punishable with imprisonment for a term which may extend to six months or with fine which shall
not be less than five hundred rupees and may extend to one thousand rupees, or with both:

Provided that no person shall be convicted under this section if he proves that he had reasonable
cause to believe that the vehicle would not be used on a national highway until it had been put into a
condition in which it might lawfully be so used.

75. Offences relating to weights.—(1) Whoever drives a transport vehicle or causes or

allows a transport vehicle to be driven on a national highway carrying in excess of fifteen per cent of
the permissible load for a goods vehicle as laid down in the Sixth Schedule and in excess of thirty per
cent of the number of passengers prescribed for a passenger carrier, shall be punished with
imprisonment for a term which may extend to one month or with fine which shall not be less than one
thousand rupees and may extend to five thousand rupees, or with both.

(2) The police officer in uniform, taking cognizance of an offence under subsection (1), shall
direct unloading of the excessive goods and passengers before allowing the vehicle to proceed.

76. Offences relating to accidents. —(1) Whoever contravenes the provisions of clause (b) of sub-
section (1) of section 59 or any of the provisions of section 61 or furnishes any information required
to be furnished thereunder which he knows to be false shall be punishable with imprisonment for a
term which may extend to six months or with fine which shall not be less than one thousand rupees
and may extend to two thousand rupees, or with both.

(2)Whosoever is proved guilty of causing an accident by committing violation of any provision

ofthis Ordinance which results in only property damage of less than two thousand rupees shall pay
compensation equal to the cost of the property thus damaged or twice the cost of repair to the
aggrieved person.

(3)Whosoever suffers a property damage exceeding two thousand rupees or injury

requiringmedical treatment due to an accident shall report to the nearest patrol post the details of the
accident within fortyeight hours, failing which he shall be punishable with a fine which may extend
to five hundred rupees.

(4)The driver of a road vehicle or other person in charge of the vehicle involved in the
accidentresulting in death, bodily injury or property damage to other users of a national

highway shall report the accident to the nearest patrol post and police station within twentyfour hours
failing which he shall be punishable with imprisonment for a term which may extend to one month or
with fine which shall not be less than one thousand rupees and may extend to two thousand rupees, or
with both.

77. Offences relating to disobedience of orders, obstruction and refusal of information.

Whoever wilfully disobeys any direction lawfully given by a police officer in uniform or any person
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or authority empowered under this Ordinance to give such direction or obstructs any person or
authority in the discharge of any functions which such person or authority is required or empowered
under this Ordinance to discharge or being required by, or under, this Ordinance to supply any
information withholds such information or gives information which he knows to be false, if no other
penalty is provided for the offence, shall be punishable with imprisonment for a term which may
extend to six months or with fine which shall not be less than one thousand rupees and may extend to
two thousand rupees, or with both.

78. Offences relating to prohibited appliances. Whoever carries in a road vehicle on a

national highway any appliance the carrying of which is prohibited by rules made under section 64,
shall be punished with fine which shall not be less than five hundred rupees and may extend to one
thousand rupees and such appliances shall be forfeited to the Government.

79. Offences relating to traffic safety rules.—(1) No person shall drive a road vehicle on a
national highway in contravention of rules laid down in the Eighth Schedule or as laid down by the
Government.

(2)Whoever drives a road vehicle on a national highway in contravention of the provisions of

theTenth Schedule shall be liable to punishment as specified in the said Schedule.

(3)Any person who drives or operates a vehicle in contravention of subsection (1) and
theprovisions of the Twelfth Schedule shall be punishable with such fine as laid down in the said
Schedule.

(4)The Government may, in consultation with the National Highways and Pakistan
MotorwayPolice, by notification in the official Gazette, amend the provisions of the Twelfth
Schedule so as to add any entry thereto or modify and entry therein.

(5)A police officer in uniform, or any other person so authorized by the Government, actingunder
subsections (2) and (3) shall draw up a charge sheet in quadruplicate specifying the amount of fine
therein, and shall—

(a) forthwith deliver one copy thereof to the offender and obtain his signature or thumb
impression or mark, as the case may be, as token of its receipt, wherever possible;

(b) within twentyfour hours forward the second copy of the charge sheet to the
prescribedagency where the offender has to deposit the fine;

(c) within twentyfour hours forward the third copy of the charge sheet to the central
accounting office; and

(d) retain the fourth copy for record.

(6)Whoever is accused of violation of any provision of the Twelfth Schedule by a police officerin
uniform, or any person authorized by the Government in this behalf, may within ten days, if he does
not want to contest the charge, pay the prescribed fine in the manner specified in the citation paper
and obtain the necessary receipt thereof.

(7)Where an accused person pleads guilty and pays the prescribed fine and has complied withthe
provisions of subs ection (6), no further action in respect of the offence shall be taken against him.

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 (8)If the fine is not paid in the manner provided in sub section (6), the police officer drawing
upthe charge shall take registration or licence into custody and lodge a complaint against the offender
before the court having jurisdiction to try the offence.

80. General provision for punishment of offences not otherwise provided for. Whoever
contravenes any provision of this Ordinance or of any rules made thereunder shall, if no other penalty
is provided for the offence under this Ordinance, be punished with fine which may extend to five
hundred rupees, and if having been previously convicted of such an offence, for every such
subsequent offence to a fine which may extend to one thousand rupees.

81. Power of arrest without warrant.—(1) A police officer in uniform may arrest without
warrant any person who commits in his view any of the following offences, namely:—

(a) Driving when disqualified;

(b) fleeing the scene of accident involving his vehicle;

(c) wilful disobedience or obstruction of lawful orders;

(d) driving a transport vehicle without a valid driving license, fitness certificate,
registrationcertificate, route permit or certificate of insurance;

(e) taking part in an unauthorized race or trial of speed;

(f) overtaking by heavy transport vehicles dangerously or where prohibited;(g) driving at a

speed thirty per cent in excess of the specified speed limit;

(h) failing to stop when directed by a police officer in uniform to do so; and

(i) driving recklessly, dangerously or under influence of drugs or alcohol.

(2)A police officer arresting without warrant, the driver of a goods vehicle shall, if the
circumstances so require, take or cause to be taken any steps he may consider proper for the
temporary disposal and safe custody of the vehicle and goods.

(3)A police officer arresting without warrant the driver of a passenger vehicle shall, if the
circumstances so require, take or cause to be taken any steps he may consider proper for the
temporary disposal and safe custody of the vehicle and for the transportation of passengers in the
same vehicle to their destination.

82. Power of police officer to seize documents. No police officer shall seize documents of
any vehicle for any minor violation of the provisions of this Ordinance unless so ordered by a court
or under written orders of an officer of not below the rank of Superintendent of Police of the National
Highways and Pakistan Motorway Police, unless he has sufficient reasons to believe that the
document is forged.

83. Power to detain vehicle. Any police officer in uniform, or. other person authorized in
this behalf by the Government, may if he has reason to believe that a motor vehicle has been, or is
being, used without a valid registration, a valid permit or in contravention of any provision of
sections 27, 41, 51, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 78 may seize and detain the vehicle and

Page 34 of 36
for this purpose take, or cause to be taken, any steps he may consider proper for the temporary safe
custody of the vehicle.

84. Particular of summons. The court taking cognizance of an offence under subsection (8)
of section 79 shall, except for reasons to be recorded in writing, state upon the summons to be served
on the accused persons that he—

(a) shall appear in person, with or without an advocate; or

(b) may, at a specified date prior to the hearing of the charge, plead guilty to the charge
byregistered letter and remit the fine to the court.

85. Presumption of negligence.— (1) In the case of an accident caused by a public transport
vehicle resulting in grievous injury or loss of life, it shall be presumed that there has been negligence
of the obligation to observe safety procedures on the part of the public transport driver unless the
contrary is proved.

(2) In the event of such an accident the public transport vehicle shall be impounded by a police
officer in uniform and not given on supardari, except in exceptional cases by the National Highways
and Pakistan Motorway Police.

86. Point system for traffic violations.—(1) Whosoever is proved guilty of contravention of the
rules specified in the Eighth Schedule shall, in addition to penalties provided under this Ordinance,
also be charged with points indicated against each offence under the Eleventh Schedule.

(2)When points accumulated against any person exceed ten within a two years' period, he shallbe
issued a warning listing the reported violations.

(3)When the points accumulated within a two years' period exceed twenty, the licence of
suchperson shall be suspended by a Superintendent Police of the National

Highways and Pakistan Motorway Police for a period of six months, extendable by another six
months.

87. Compensation for death, injury or damage, etc.—(1) If a person suffers death, or injury to his
person or damage to his property on account of the use of a road vehicle on a national highway, the
insurance company or, as the case may be, the Pakistan Transporters Mutual Assistance Cooperative
Society, the Pakistan Automobile Association or any other road transport cooperative society referred
to in section 41 and in case the vehicle is not covered by any of the above insurers, the owner of such
vehicle shall pay such compensation as may be prescribed by the Government,—

(a) in the case of death, to the legal heirs of the deceased person; or

(b) in the case of injury to person or damage to the property, to the person who suffered
theinjury or damage, within thirty days of the accident.

(2)If the insurer or the owner of the vehicle fails to pay the compensation under subsection
(1),the compensation shall be recoverable in accordance with the provisions of sections 67A and 67G
of the Provincial Motor "Vehicles Ordinance, 1965. (W.P Ord. No. XIX of 1965)

(3)The compensation payable under subsection (1) shall not debar the person to receive
anyadditional sum which the person may be entitled to receive under any other law for the time being
in force.
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 (4)Any contract for the conveyance of a passenger in any motor vehicle shall, so far as it purports
to negate or restrict the liability of any person in respect of any claim made against that person in
respect of the death of, or bodily injury to, the passenger who is being carried in, any conditions shall,
with respect of the enforcement of any such liability, be null and void.

88. Jurisdiction and procedure. Notwithstanding anything contained in the Code of

Criminal
Procedure, 1898. (Act V of 1898)

(a) an offence under this Ordinance shall be cognizable;

(b) no Magistrate other than a Magistrate of the first class shall try an offence under
thisOrdinance; and

(c) a Magistrate trying an offence under this Ordinance shall have power to try such
offencesummarily in accordance with the procedure laid down for summary trial in the
said Court.

89. Power to make rules.—(1) The Government may, in consultation with National
Highways and Pakistan Motorway Police, by notification in the official Gazette, make rules for the
carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing powers, rules under this section may be
made with respect to all or any of the following matters, namely:—

(a) the procedure for deposit of fine under section 79 and its disbursement as reward to
theNational Highways and Pakistan Motorway Police;

(b) the procedure to be adopted for operation of the provision of section 87;

(c) fitness period for all classes of vehicles; and

(d) any other matter which may be prescribed.

_____

CHAPTER VII.—ESTABLISHMENT

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