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Road Transport Reform Act 2008

SAMOA

ROAD TRANSPORT REFORM ACT 2008

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Arrangement of Provisions

PART I
PRELIMINARY

1. Short title and commencement
2. Interpretation
3. Act to bind the Government

PART II
TRAFFIC TO BE ON THE
LEFT HAND SIDE

4. Vehicles to be driven on the left hand side

PART III
CONSEQUENTIAL
AMENDMENTS

5. Amendments to Road Traffic Regulations
6. Amendments to Road Traffic Orders
7. Amendment to Road Traffic Regulations concerning Steering Columns
8. Subsequent amendments to Regulations, Orders and Notices

PART IV
MISCELLANEOUS

9. Transition
10. Transitional Enforcement of this Act
11. Non-liability of Government
12. Speed Limits
13. This Act shall prevail
14. Regulations

SCHEDULE

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2008, No. 12

AN ACT to provide for the transition and change of motor vehicles in Samoa from left hand drive to right hand drive and consequential changes to the required position of all vehicles on the roadway from the right side of the road to the left side, and for related purposes.

[21st April 2008]

BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited as the Road Transport Reform Act 2008.

(2) Sections 4 to 7 come into force on a date nominated by the Minister in the latter half of 2009 or some other later date upon notice to that effect issued by the Minister.

(3) Except for sections 4 to 7 this Act comes into force on the date of assent by the Head of State.

2. Interpretation - In this Act, unless the context otherwise requires –

"Centre Point of the roadway" means the point situated in the middle of a road dividing the road into two (2), in the opposite directions whether or not the point is indicated by a painted line;

"Government" means the Government of Samoa;

"Land Transport Authority" means the Land Transport Authority established under the Land Transport Authority Act 2007;

"Minister" means the Minister responsible for transport.

3. Act to bind the Government - This Act binds the Government.

PART II
TRAFFIC TO BE ON THE LEFT HAND SIDE

4. Vehicles to be driven on the left hand side-(1) The required position for all vehicles being driven, parked or otherwise used in Samoa under normal traffic conditions shall be to the left hand side of the centre point of the roadway.

(2) This section does not prevent a vehicle from crossing the centre point of a roadway and from entering the right hand side of the roadway when steered, handled or managed in a lawful manner.

PART III
CONSEQUENTIAL AMENDMENTS

5. Amendments to Road Traffic Regulations-(1) All regulations made under any law which make provision for the management and control of motor vehicles and for the position of steering columns shall be consistent with section 4.

(2) The regulations of the Road Traffic Regulations 1961 identified in Columns A and B of the Schedule shall be amended in the manner stated in Column C of the said Schedule.

6. Amendments to Road Traffic Orders-(1) Clause 13 of the Road Traffic Orders 1994 and the Road Traffic Amendment Order 1997 No.3 are amended by deleting the word "left" wherever it appears and substituting it with the word "right".

(2) The Road Traffic Amendment Order 1997 No.2 is amended by deleting the word "right" wherever it appears and substituting it with the word "left".

7. Amendment to Road Traffic Regulations concerning Steering Columns - Regulation 21 of the Road Traffic Regulations 1961 is revoked and the following substituted:

"21. Steering Column-(1) Subject to subregulation (2), no person shall operate a left hand drive motor vehicle having the steering column to the left of the longitudinal centre line of the body of the vehicle.

(2) Subregulation (1) does not apply to a motor vehicle that is in Samoa immediately before the coming into effect of any law prohibiting the importation of left hand drive vehicles."

8. Subsequent amendments to Regulations, Orders and Notices - Nothing in this part shall prevent any of the Regulations, Orders and Notices amended by this Act from being amended in accordance with the powers and procedures by which they are amended.

PART IV
MISCELLANEOUS

9. Transition - Notwithstanding any other provision of this Act, all left hand drive vehicles in Samoa may continue to be used in a lawful manner after the date of commencement of sections 4 to 7.

10. Transitional Enforcement of this Act-(1) The Commissioner of Police may issue instructions applying to all enforcement officers that for a period of three (3) months from the commencement of section 4 any person breaching a traffic law relating to that section may be issued with a warning and that no formal prosecution action may be taken against the offender.

(2) The instructions issued under this section may –

(a) be determined not to apply to repeat offenders or offenders who commit other offences at the same time as an offence to which the section refers; and

(b) be subject to any other process or procedure determined by the Commissioner of Police.

11. Non-liability of Government - The Government shall not be liable by reason of any provision of this Act for any injury, damage, or loss (including any claim for the diminution of value of any vehicle) which may occur to any person or property.

12. Speed Limits-(1) For the purposes of safety, the Land Transport Authority may vary the speed limits imposed in the Road Traffic Regulations 1961 by issuing a notice to that effect for a specified period of time in any area of Samoa.

(2) Upon the expiration of the notice issued in subsection (1), the speed limits in the Road Traffic Regulations 1961 before the notice was issued shall again apply unless amended in accordance with the powers and procedures by which they are amended.

13. This Act shall prevail-(1) The provisions of any law relating to any matter provided for in this Act shall be read and applied subject to the provisions of this Act, and in the event of any inconsistency the provisions of this Act shall apply.

(2) No provision of any other law shall affect the validity of any provision of this Act, or any act taken under the authority of this Act.

(3) Any regulation, Notice or Order amended under this Act shall be deemed to have been lawfully amended and shall have full force and effect.

14. Regulations-(1) The Head of State, acting on the advice of Cabinet, may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting the generality of the power given in subsection (1), regulations may be made in relation to –

(a) the provision of safety for all users of road;

(b) the location and construction of all vehicles relating to exit and entry points for passengers;

(c) the requirement that persons seeking to be licensed to drive a vehicle undergo courses of training or instruction and provision of driving lessons for drivers and venues for such lessons;

(d) the provision of land or the implementation of other arrangements to dispose unwanted vehicles and the rules and requirements relating to such disposal; and

(e) restriction or prohibition on types of vehicles to be used for public transport.

(3) Any person found to be in breach of any regulations under this Act commits an offence and shall be liable upon conviction to pay a fine of not more than 10 penalty units or to imprisonment of not more than six (6) months, or both.

SCHEDULE Section 5

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The Road Transport Reform Act 2008 is administered by the Ministry of Works, Transport and Infrastructure.