Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697812295384.pdf (Nauru)
MOTOR TRAFFIC Table of Contents Principal Motor Traffic Act 2014 Table of Provisions .

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Table of Amendments .

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Motor Traffic Act 2014 .

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Subsidiary Motor Traffic Regulations 2014 Table of Provisions .

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Table of Amendments .

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Motor Traffic Regulations 2014 .

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Motor Traffic (Approved Garage) Notice 2014 Table of Amendments .

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Motor Traffic (Approved Garage) Notice 2014 .

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Motor Traffic (Approved Insurer) Notice 2014 Table of Amendments .

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Motor Traffic (Approved Insurer) Notice 2014 .

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Motor Traffic (Breath Analysis Machine) Notice 2015 Table of Provisions .

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Table of Amendments .

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Motor Traffic (Breath Analysis Machine) Notice 2015 .

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Motor Traffic (Traffic Infringement Notices) Regulations 2018 Table of Provisions .

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Table of Amendments .

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Motor Traffic (Traffic Infringement Notices) Regulations 2018 .

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Motor Traffic (Impound Fees and Notices) Regulations 2020 Table of Provisions .

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Table of Amendments .

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Motor Traffic (Impound Fees and Notices) Regulations 2020 .

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600,001 Page 600,201 600,401 600,601 603,001 603,201 603,401 605,601 605,801 607,001 607,201 608,401 608,601 608,801 610,001 610,201 610,401 613,001 613,201 613,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 1 Date: 30/8/2022 Time: 17:30:21 bwpageid:: 600001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Code of Practice .

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Page 615,201 [The next page is 600,201] Service 0 600,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 2 Date: 30/8/2022 Time: 17:30:21 bwpageid:: 600002:: bwservice::0:: Motor Traffic Act 2014 TABLE OF PROVISIONS Section Title PART 1 — PRELIMINARY Short title Commencement Repeal Parts [Repealed] Deﬁnitions Registrar Road Transport Officer and Motor Vehicle Inspectors PART 2 — REGISTRATION OF MOTOR VEHICLES Motor vehicles to be registered Exemptions from registration requirements Classes of vehicles Application for registration Registration of vehicle Length of registration Registration labels Registration of Government vehicles Proof of registration Register of vehicles Alterations to motor vehicles Registration numbers transferrable Sale and disposal of motor vehicles PART 3 — LICENCES Driver’s licence required Learner’s permit Learner’s test Conditions of learner’s permit Requirement to carry permit Driver’s licence Application for a licence to drive a motor vehicle Age requirement Licence not transferable Medical Examinations Foreign Licences Motor vehicles trader’s licence 6A 26 27 28 29 30 31 600,201 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 3 Date: 30/8/2022 Time: 17:30:21 bwpageid:: 600201:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU Section 32 33 34 35 36 Title Cancellation, suspension of, and refusal to grant or renew, licences Appeal against refusal to grant, renew or transfer trader’s licence Owner not to permit unlicenced person to drive motor vehicle Fees Exemption PART 4 — ROAD RULES AND SAFETY FOR DRIVERS Speed measuring device Speed limit Vehicles to keep to left Making a U-turn Overtaking Giving way to bus Giving way to police vehicles, emergency vehicles or escort vehicles Keeping clear of police vehicles, emergency vehicles or escort vehicles Right hand rule at intersections Signals when turning Signals when stopping or slowing down How to give a stop signal Means of signalling Using vehicle lights at night
 Using headlights on high beam at night Using lights on vehicles that are stopped Using hazard warning lights Slow moving traffic Duty of driver approaching pedestrian crossing Riding a bicycle on a public road Riding a motorcycle without a helmet Maximum number of persons to be carried on motorcycles General road rules PART 5 — RULES FOR PASSENGERS IN MOTOR VEHICLES AND PEDESTRIANS Wearing of seatbelts Children travelling in motor vehicles Exemption from wearing a seat belt Persons travelling in motor vehicles Pedestrian crossing 67A 67B Service 1 PART 6 — OFFENCES Unregistered motor vehicle Crossing sidewalk Dangerous driving Dangerous driving occasioning death Dangerous driving occasioning grievous bodily harm 600,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 4 Date: 30/8/2022 Time: 17:30:21 bwpageid:: 600202:: bwservice::1:: Section 68 69 70 70A 71 72 72A 73 74 75 75A 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 MOTOR TRAFFIC ACT 2014 Title Failure or refusal to give name Driving under inﬂuence of liquor Power to administer random breath tests Power to administer impairment test Submission to breath-analysis test in certain cases Furnishing of breath sample Right to elect blood test Refusal to furnish a sample Certiﬁcate of breath analysis Evidence of intoxication Evidence of intoxication if no prescribed instrument available Operator’s evidence Presumption as to alcohol level in blood Consuming alcohol after accident or preliminary breath test Penalties Meaning of ‘prescribed device’ and ‘breath analysing instrument’ Prescribed limits of alcohol Failure or refusal to provide information Minimum requirements for drivers and vehicles False statements and unlawful possession of licences, etc Accidents Driving motor vehicle without consent of owner Sentencing powers of the court Evidence of speed indicated by speed
 measuring device Evidence of testing and sealing Excessive noise PART 7 — THIRD PARTY INSURANCE Third party insurance requirement Requirements in respect of policies Payments and insurance in respect of emergency treatment Provisions as to claims and supplementary provisions as to, payments for emergency treatment Certain conditions of policies to be of no effect Avoidance of restrictions on the scope of policies covering third party risks Duty of insurer to satisfy judgments against persons insured in respect of third party risks Rights of third parties against insurance companies Duty to give information to third parties Certain settlements between insurer and insured to be of no effect Bankruptcy, etc, of insured persons not to affect certain claims Owner to give insurer notice of all accidents affecting motor vehicles and of consequent actions Insurer may settle claims Proceedings may be stayed on refusal or neglect examination to allow medical 600,203 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 5 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600203:: bwservice::1:: Section 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 127A 128 128A 128B 128C 129 130 131 132 LAWS OF THE REPUBLIC OF NAURU Title Surrender of certiﬁcate of insurance on cancellation of policy Certiﬁcates to be produced Duty of owner False statements and falsiﬁcation Reference to certiﬁcate deemed to be reference to certiﬁcates where more than one issued Passengers for hire not to contract themselves out of beneﬁts conferred by this Act Prohibition against soliciting for authority to make claims and commence actions, etc Applicant for vehicle licence to produce evidence of necessary insurance Appeal against refusal to issue or against cancellation of policy PART 8 — POWERS OF THE POLICE Police powers of arrest Power to control traffic or parking Impounded vehicles Traffic Infringement Notices Proceedings for Traffic Infringement Notices
 Acceptance of a Traffic Infringement Notice Evidence of acceptance of a Traffic Infringement Notice Offence to remove a Traffic Infringement Notice Provisions relating to government vehicles PART 9 — MISCELLANEOUS Inspections Records Liabilities existing independently of this Act Application to employees of the Public Service Evidence Fees and ﬁnes Recovery of fees, etc Restriction on importation of motor vehicles not more than 12 years Prohibition on importation of motor vehicles manufactured over 12 years Motor vehicles manufactured over 12 years General offence Traffic signs Transitional Provision Regulations SCHEDULE 1 — MOTOR VEHICLES SCHEDULE 2 — EVIDENTIARY CERTIFICATE — SUPPLY SAMPLE SCHEDULE 3 — EVIDENTIARY CERTIFICATE — REFUSAL TO SUPPLY SAMPLE [The next page is 600,401] Service 1 600,204 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 6 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600204:: bwservice::1:: Motor Traffic Act 2014 TABLE OF AMENDMENTS The Motor Traffic Act 2014 No 16 was certiﬁed and commenced on 10 September 2014 (GN No 606/2014; Gaz 130/2014).
Amending Legislation Certiﬁed Date of Commencement Motor Traffic (Amendment to Act) Regulations 2014 No 18 Motor Traffic (Amendment) Act 2015 No 6 Motor Traffic (Amendment) Act 2016 No 4 22 January 2015 22 January 2015 24 March 2015 24 March 2015 29 January 2016 29 January 2016 Crimes Act 2016 No 18 12 May 2016 12 May 2016 Motor Traffic (Amendment) No 2 Act 2016 No 41 Motor Traffic (Amendment) No 3 Act 2016 No 58 Motor Traffic (Amendment) Act 2018 No 6 Motor Traffic (Amendment) Act 2020 No 23 8 September 2016 8 September 2016 23 December 2016 23 December 2016 6 March 2018 6 March 2018 23 October 2020 23 October 2020 Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021 Motor Traffic (Amendment) Act 2021 No 14 14 September 2021 14 September 2021 600,401 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 7 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600401:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU [The next page is 600,601] Service 1 600,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 8 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600402:: bwservice::1:: An Act to provide for the registration of motor vehicles, the issuing of licences and the regulation of motor traffic.
Enacted by the Parliament of Nauru as follows: PART 1 — PRELIMINARY Short title This Act may be cited as the Motor Traffıc Act 2014.

Commencement This Act commences on the date that it is certiﬁed by the Speaker and came into effect on 10 September 2014.

Repeal The Motor Traffıc Act 1937 and the Regulations made thereunder are hereby repealed.
Parts [s 4 omitted by the Law Revision Commission under powers authorised by Act 10 of 2019] Deﬁnitions (1) In this Act: ‘approved garage’ means a garage approved by the Minister for the purpose of this Act; ‘approved insurance company’ [def rep Act 58 of 2016 s 4, opn 23 Dec 2016] ‘approved insurer’ means an insurer approved by the Minister for the purpose of this Act; [def insrt Act 58 of 2016 s 4, opn 23 Dec 2016] ‘authorised inspector’ means a person who has been appointed by an approved garage to conduct motor vehicle inspections under this Act; ‘authorised officer’ means a person who has been authorised by the Registrar of Motor Vehicles to perform any function under this Act; [def insrt Act 41 of 2016 s 4, opn 8 Sep 2016] ‘auto rickshaw’ means a motor vehicle with three wheels steered by either handlebars or a steering wheel and often including a tray at the rear; ‘bicycle’ means a vehicle with two or more wheels that is built to be propelled partly or wholly by human power through a belt, chain or gears and includes a tricycle but does not include a scooter, wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating power; ‘certiﬁcate of registration’ means a certiﬁcate of registration of a motor vehicle granted under this Act; 600,601 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 9 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600601:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 5 ‘classic vehicle’ [def rep Act 14 of 2021 s 4, opn 14 Sep 2021] ‘direction indicator light’ means one of the lights in a vehicle that indicate the direction that the vehicle is turning and ﬁtted to a vehicle at the manufacturing stage; ‘escort vehicle’ for purposes approved by the Government, accompanies another vehicle so as to guide, protect or honour its passengers; is a vehicle which, ‘ﬁxed penalty’ means a prescribed penalty payable by the offender upon receipt of a Traffic Infringement Notice; [def insrt Act 6 of 2018 s 4, opn 6 Mar 2018] ‘Government motor
 vehicle’ unless otherwise stated means any motor vehicle that the Government owns, leases or rents; ‘hazard warning lights’ means a pair of yellow or red direction indicator lights ﬁtted to a vehicle that display regular ﬂashes of light at the same time, and at the same rate, as each other, but does not include warning lights ﬁtted, in accordance with those standards, to a bus used for carrying children; ‘high beam’ for a headlight ﬁtted to a vehicle, means that the headlight is built or adjusted so, when the vehicle is standing on level ground, the top of the main beam of light projected is above the headlight’s low beam; ‘hospital’ means RON Hospital; ‘impound facility’ is a facility where a vehicle that has been impounded under Section 115 has been removed and stored; ‘learner’s permit’ means a permit licence issued under this Act to a person to learn to drive a motor vehicle; ‘licence’ means a licence to drive or a permit licence issued under the Regulations; ‘licenced’ means licenced under this Act; ‘low beam’ for a headlight ﬁtted to a vehicle, means that the headlight is built or adjusted so, when the vehicle is standing on level ground, the top of the main beam of light projected is: (a) not higher than the centre of the headlight, when measured 8 metres in front of the vehicle; and (b) not over one metre higher than the level where the vehicle is standing, when measured 25 metres in front of the vehicle; ‘motorcycle’ means a motor vehicle that is steered by means of handle bars and includes a ‘quad’ but for the purpose of this Act speciﬁcally excludes an auto rickshaw; ‘motor vehicle’ means any motor vehicle constructed to be used for the carriage of persons or goods and includes a motorcycle and an auto rickshaw; ‘Motor Vehicle Inspector’ means a person appointed under Section 6A and includes authorised inspectors as deﬁned under this Act; [def insrt Act 41 of 2016 s 4, opn 8 Sep 2016] Service 1 600,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 10
 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600602:: bwservice::1:: s 5 MOTOR TRAFFIC ACT 2014 ‘motor vehicles trader’s licence’ means a licence granted under Section 31; ‘number plates’ mean one or more metal plates issued by the Registrar recording the unique identifying number assigned to each motor vehicle as provided under the Regulations; ‘owner’ means the person in whose name a motor vehicle is registered; ‘public highway’ means any road, track, thoroughfare, or place open to or used by the public, in the Republic; ‘Public Service’ unless otherwise stated, means the public service of the Government of Nauru; ‘registered’ means registered under this Act; ‘Registrar’ means the Registrar of Motor Vehicles and Licences appointed in pursuance of this Act and unless and otherwise appointed by Cabinet, the Registrar shall be the Secretary for Justice and Border Control; ‘registration labels’ means a label issued under Section 13; ‘Regulations’ means regulations made under Section 132; ‘Republic means the Republic of Nauru; ‘Road Transport Officer’ means a person appointed under Section 6A; [def insrt Act 41 of 2016 s 4, opn 8 Sep 2016] ‘sidewalk’ means a footpath, whether or not paved or improved, that is intended primarily for the use of pedestrians and that either: (a) forms part of that portion of a highway that lies between the kerb line or, if there is none, the boundary line, of the roadway; and (b) although not part of a highway, is a publicly maintained right-of-way, set aside for pedestrian traffic only and for the purpose of giving access to property adjacent; ‘Traffic Infringement Notice’ means a notice issued under Section 117; ‘the Act’ or any variation of reference to the Act is a reference to the Motor Traffıc Act 2014; ‘trader’ means a person to whom a motor vehicles trader’s licence has been granted or transferred and includes: (a) in the case of a trader being a corporation, a director, manager or officer of the corporation; and (b) in the case of a
 trader being a ﬁrm or partnership, a member or partner of the ﬁrm or partnership; ‘trailer’ means a vehicle without motive power designed for attachment to a motor vehicle, but does not include a side-car; and ‘vehicle’ means any means of conveyance which runs on wheels but does not include any vehicle used on a railway.
(2) Unless the contrary intention appears, a reference in this Act to a motor vehicle shall be deemed to include, where a trailer is attached to a motor vehicle, a reference to the motor vehicle and trailer.
600,603 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 11 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600603:: bwservice::1:: 6 6A LAWS OF THE REPUBLIC OF NAURU s 6 Registrar The Cabinet shall appoint a Registrar of Motor Vehicles and Licences, who shall exercise and perform such powers and functions as are prescribed.

Road Transport Officer and Motor Vehicle Inspectors (1) The Registrar may appoint persons to be Road Transport Officers and Motor Vehicle Inspectors.
(2) Road Transport Officers and Motor Vehicle Inspectors are authorised officers under this Act and are subject to the directions of the Registrar.

(3) Subject to subsection (2), Road Transport Officers and Motor Vehicle Inspectors have the following functions: (a) registration of motor vehicles; (b) collection of registration fees; (c) issuance of registration labels; (d) maintenance and management of motor vehicle registers; and (e) inspection of motor vehicles.
(4) The Minister may by regulations expand on or create additional functions for Road Transport Officers and Motor Vehicle Inspectors.

[s 6A insrt Act 41 of 2016 s 5, opn 8 Sep 2016] [The next page is 600,801] Service 1 600,604 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 12 Date: 30/8/2022 Time: 17:30:22 bwpageid:: 600604:: bwservice::1:: 7 8 9 10 PART 2 — REGISTRATION OF MOTOR VEHICLES Motor vehicles to be registered A motor vehicle shall be registered under the provisions of this Act.
Exemptions from registration requirements Notwithstanding Section 7, a person may drive an unregistered motor vehicle on a road if: (a) the person has a written permit from the Registrar; and (b) the person is driving the motor vehicle for one of the following purposes: (i) to take the motor vehicle to an approved garage for inspection or to register it; or (ii) to take the vehicle to be repaired.
[subs (1) rep Act 14 of 2021 s 5, opn 14 Sep 2021] Classes of vehicles (1) For the purposes of this Act, motor vehicles are divided into the following classes: (a) buses; (b) commercial motor vehicles; (c) private motor vehicles; (d) motorcycles; (e) auto rickshaws; and (f) trailers.
(2) [s 9 subst Act 41 of 2016 s 6, opn 8 Sep 2016] [subs (2) rep Act 14 of 2021 s 5, opn 14 Sep 2021] Application for registration (1) An application for the registration or for the renewal or transfer of the registration, of a motor vehicle shall be made in the approved form.

(2) An approved garage under this Act shall be the competent authority, on behalf of the Registrar, to receive applications made under subsection (1).
(3) The completed application form shall be forwarded to an approved garage and shall have attached to it any document required by any provision of this Act or Regulations.

(4) An applicant shall, within 7 days of submitting their application, be informed of the outcome of the application.

11 Registration of vehicle (1) Before registering a motor vehicle, the applicant shall be required to produce the motor vehicle for inspection at an approved garage.
(2) After an inspection has been conducted in accordance with the requirements of this Act, and the authorised inspector is satisﬁed that the vehicle is roadworthy, the applicant shall be issued with a certiﬁcate of roadworthiness.
600,801 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 13 Date: 30/8/2022 Time: 17:30:23 bwpageid:: 600801:: bwservice::1:: 12 13 LAWS OF THE REPUBLIC OF NAURU s 11 (3) A motor vehicle shall not be registered, and a registration shall not be renewed or transferred, under this Act unless, there is produced at the time of the application for registration, or renewal or transfer of registration: (a) a certiﬁcate of roadworthiness issued within 7 days immediately before the making of that application in respect of that vehicle; (b) a receipt evidencing the payment of the required fee; and (c) a policy of insurance complying with Part 7.
(4) Subject to the requirements under subsection (3), the Regulations and to any other applicable provision of this Act, the approved garage may: (a) register a motor vehicle; and (b) issue a certiﬁcate of registration accordingly.

Length of registration (1) Registration remains in force for 12 months, from the date it was issued, unless it is cancelled by the Registrar.

(2) The renewal of the registration of a motor vehicle takes effect on the day after the current registration has expired.
Registration labels (1) The approved garage receiving a registration application and conducting vehicle inspection shall, in respect of a registered motor vehicle: (a) record the registration number allotted to that motor vehicle; (b) issue a registration label containing the registration number allotted to that motor vehicle; and (c) issue a further registration label each time the registration is renewed.

(2) A registration number issued under subsection (1) may be a combination of letters and numbers.
(3) Within 24 hours after the registration of a motor vehicle, the owner of that motor vehicle shall cause the registration label issued under subsection (1): (a) in the case of a motor vehicle ﬁtted with a windscreen, to be affixed to the inner left hand corner of the windscreen; and (b) in the case of a motorcycle, in a waterproof holder securely attached in a visible position on the left hand side of the rear of the motorcycle.
(4) A person who drives or permits to be driven a registered motor vehicle in a public street without having a current registration label, clearly visible, attached to the vehicle in accordance with this Act, commits an offence and is liable to pay a ﬁne of $500.

It is not a defence to this Section if the person driving or permitting to be driven, a registered motor vehicle, was not aware that the registration label attached to the vehicle was not a current registration label in accordance with this Act.
(5) 14 Registration of Government vehicles A certiﬁcate of registration for a motor vehicle belonging to the Government shall be issued for the period that the motor vehicle remains the property of the Government but the motor vehicle shall still undergo a vehicle inspection on a yearly basis.
Service 1 600,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 14 Date: 30/8/2022 Time: 17:30:23 bwpageid:: 600802:: bwservice::1:: s 19 15 16 17 18 MOTOR TRAFFIC ACT 2014 Proof of registration The onus of proving that a motor vehicle has been registered rests upon the owner of the vehicle.
Register of vehicles (1) An approved garage conducting vehicle inspections and registering vehicles under this Act, shall keep a Register containing the following information about each motor vehicle it has registered the: (a) owner’s name and address; (b) class of vehicle; (c) type, make and colour of the vehicle; (d) engine number; and (e) registration number allotted to the vehicle.

(2) A duplicate Register shall be kept at the office of the Registrar.
(3) The approved garage shall furnish, as soon as practicable, all information contained in subsection (1) to the Registrar.

Alterations to motor vehicles (1) Where any alteration, affecting the accuracy of any particulars of the description in the certiﬁcate of registration or certiﬁcate of renewal of registration of a motor vehicle, is made to that motor vehicle, the owner shall forthwith forward the certiﬁcate to the Registrar for notation of the alteration on the certiﬁcate of registration.
(2) The Registrar shall, after noting the alteration on the certiﬁcate of registration, return it to the owner.

Registration numbers transferrable (1) No person shall transfer or cause to be transferred, a registration number issued for a motor vehicle to another motor vehicle without the prior approval of the Registrar.

(2) A person who contravenes subsection (1), commits an offence and is liable to a ﬁne not exceeding $500.
[s 18 subst Act 14 of 2021 s 6, opn 14 Sep 2021] 19 Sale and disposal of motor vehicles (1) The owner of a motor vehicle who sells or disposes of the motor vehicle shall, within 7 days after the sale or disposal: (a) give written notice to the Registrar, of the sale or disposal of the vehicle, and the full name and address of the person to whom the motor vehicle has been sold or disposed of; and (b) deposit with or forward to the Registrar the certiﬁcate of registration of the motor vehicle.
(2) Until the provisions of subsection (1), are complied with, the person in whose name the motor vehicle is registered shall remain liable as owner, in respect of the provisions of this Act, for any breach involving the said motor vehicle.
600,803 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 15 Date: 30/8/2022 Time: 17:30:23 bwpageid:: 600803:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 19 (3) The person to whom the motor vehicle was sold or disposed of, shall, within 7 days after the purchase or disposal, pay the prescribed transfer fee and apply to the Registrar to have the certiﬁcate of registration transferred to him or her.
[The next page is 601,001] Service 1 600,804 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 16 Date: 30/8/2022 Time: 17:30:23 bwpageid:: 600804:: bwservice::1:: 20 PART 3 — LICENCES Driver’s licence required (1) It is a requirement under this Act, that every person who drives a motor vehicle shall hold a valid driver’s licence for that class of vehicle.
(2) A person who drives a motor vehicle: (a) without a valid driver’s licence; or (b) of a different class from that stated in his or her driver’s licence, commits an offence and is liable to pay a ﬁne of $100.

(3) Any person who has been granted a driver’s licence under this Act, shall carry his or her licence at all times when driving a motor vehicle.
[subs (3) subst Act 6 of 2015 s 3 and Sch item [2], opn 24 Mar 2015] (4) Any person who holds a driver’s licence under this Act commits an offence if they fail: (a) while driving a motor vehicle, to carry the licence; and (b) to produce the licence on request by a member of the Nauru Police Force, and is liable to pay a ﬁne of $200.

[subs (4) insrt Act 6 of 2015 s 3 and Sch item [2], opn 24 Mar 2015] 21 Learner’s permit (1) A person over the age of 17 may apply to the Registrar for a learner’s permit.
(2) The application shall: (a) be in writing in the approved form; (b) have with it the prescribed fee; and (c) have with it sufficient information to clearly identify the person applying and proof of the person’s age.

(3) For the purposes of subsection (2)(c), an example of sufficient information shall be a passport, a university identiﬁcation card, a Government identiﬁcation card, a foreign driver’s licence and others as deemed ﬁt by the Registrar.
(4) The Registrar may grant a learner’s permit to any person for any period not exceeding 1 year to learn to drive a motor vehicle during such hours and in such locality as may be speciﬁed in the permit.

Learner’s test (1) A person applying for a learner’s permit shall, before being granted the permit, complete an approved theoretical test set by the Registrar and submit the completed test to the Registrar.
(2) The Registrar may decide, in special circumstances, whether the test is to be administered verbally or in writing.

(3) Upon completion of the requisite time for learning to drive a motor vehicle, and upon payment of the fee, the Registrar shall appoint a person to administer a ﬁnal practical driving test for the learner.
601,001 Service 0 22 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 17 Date: 30/8/2022 Time: 17:30:23 bwpageid:: 601001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 22 (4) Upon completion of the practical driving test and upon receiving a satisfactory written report from the examiner, the Registrar shall issue to the applicant an application for a driver’s licence that shall then be taken to the Nauru Revenue Office for payment of a fee and issuing of a driver’s licence.
If the results of the practical driving test is unsatisfactory, the Registrar shall extend the current learner’s permit for another year.
(5) Conditions of learner’s permit (1) Nothing in this Act shall prevent a person to whom a learner’s permit has been granted from driving a motor vehicle upon any public highway while the permit remains in force, if while that person is learning to drive a motor vehicle, a licenced driver is occupying the seat next to the learner, and in that case the licenced driver shall be deemed to be the driver of the vehicle.
(2) A person to whom a learner’s permit has been granted shall at all times comply with the conditions of the permit.
(3) The holder of a learner’s permit shall not drive on a public street a motor vehicle other than a motorcycle unless the seat next to the learner is occupied: (a) by a person who holds a current driver’s licence of the same class of vehicle; (b) a member of the Nauru Police Force; or (c) a person authorised by the Registrar for the testing of drivers, who is submitting the learner to a driving test for any of the purposes of the Act; and (d) there is displayed conspicuously and so as to be clearly visible at the front and rear of the vehicle a sign, showing the letter “L” in red on a white background.
(4) The holder of a learner’s permit shall not drive on a public street a motorcycle unless: (a) also seated on the motorcycle is a person who holds a current driver’s licence; and (b) there is displayed conspicuously and so as to be clearly visible at the rear of the motorcycle a sign, showing the letter “L” in red on a white background.

(5) The holder of a learner’s permit shall not drive any motor vehicle, including a motorcycle, between the hours of 7pm and 7am.
(6) Any person found to be in contravention of subsection (5), is guilty of an offence and is liable to pay a ﬁne of $200 and the owner of the vehicle being driven may have their vehicle impounded under Section 115.

Requirement to carry permit (1) Any person who has been granted a learner’s permit under this Act shall carry his or her permit at all times when driving a motor vehicle.
(2) A person purporting to be a learner driver but fails to produce a learner’s permit shall be liable to pay a ﬁne of $100.

Driver’s licence A person may apply to the Nauru Revenue Office for a driver’s licence.
23 24 25 Service 0 601,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 18 Date: 30/8/2022 Time: 17:30:24 bwpageid:: 601002:: bwservice::0:: s 29 26 27 28 29 MOTOR TRAFFIC ACT 2014 Application for a licence to drive a motor vehicle (1) The Nauru Revenue Office, with the approval of the Registrar, may grant a licence to drive a motor vehicle of the class speciﬁed in the licence to any person who: (a) has satisﬁed the Nauru Revenue Office that he or she is not less than 18 years of age and has completed a learner’s test; or (b) can show evidence of a foreign licence; and (c) is capable of driving a motor vehicle of that class with safety to the public, and the Nauru Revenue Office, with the approval of the Registrar, may, from time to time, renew any such licence.
(2) The application shall: (a) be in writing in the approved form; (b) state the class of vehicle the person wishes to be licenced to drive; (c) have with it a recent photograph of the person; (d) state whether the person’s licence has ever been suspended or cancelled and, if so, give details of the suspension or cancellation; (e) have with it sufficient information to clearly identify the person; and (f) have with a receipt evidence of the payment of the prescribed fee.
(3) The Registrar shall, within 7 working days, inform the applicant of the outcome of that application.

(4) A driver’s licence shall: (a) contain a recent photograph of the licence holder; (b) state the class of vehicle the licence holder is entitled to drive; (c) state the name and address of the licence holder; (d) state the expiry date of the licence; and (e) be in the approved form, as prescribed by the Registrar.
(5) Unless sooner cancelled or suspended, a driver’s licence or a renewal of a driver’s licence, remains in force for a minimum of 12 months and up to a maximum of 3 years.

(6) Subject to the payment of fees in accordance with the Regulations, the Registrar may from time to time renew a driver’s licence for a period of 12 months and up to a maximum of 3 years.
(7) The renewal of a driver’s licence takes effect on the day immediately following the day on which the licence or the previous renewal of the licence, as the case may be, expired.

Age requirement The age requirement to hold a driver’s licence is for: (a) a motorcycle, 18 years; (b) a private motor vehicle, 18 years; and (c) a bus or commercial vehicle, 18 years and a minimum of 4 years driving experience.

Licence not transferable A driver’s licence is not transferable.
Medical Examinations The Registrar may request any person applying for the grant or renewal of a driver’s licence or a current holder of a driver’s licence to: 601,003 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 19 Date: 30/8/2022 Time: 17:30:24 bwpageid:: 601003:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 29 (a) obtain a certiﬁcate signed by a health practitioner to the effect that in the opinion of the health practitioner, having all proper regard to the safety of the public generally, the applicant or holder, is medically a ﬁt and proper person to act as a driver of a motor vehicle; and (b) forward the same to the Registrar who shall then make a decision whether to grant or renew a driver’s licence.
30 Foreign Licences (1) A foreign driver’s licence shall, so long as it is valid, be deemed to be equivalent to, and be accepted in place of, a driver’s licence under this Act for the purpose of authorising the holder to drive in the Republic any vehicle of the type or class of which the foreign licence applies: (a) on the conditions subject to which the foreign licence was issued; and (b) for a period of 1 month from the date of entry into the Republic of the holder.
(2) Subsection (1) applies only where the holder of a foreign driver’s licence: (a) usually resides outside the Republic and is temporarily in the Republic; (b) has not been given notice by the Registrar under subsection (3) that his or her foreign licence is not acceptable in place of a Nauru driver’s licence; and (c) is not otherwise disqualiﬁed from obtaining or holding a driver’s licence in the Republic.
(3) The Registrar may at any time cancel the acceptance of a foreign driver’s licence by written notice in accordance with subsection (1) if: (a) in the opinion of the Registrar having regard to the safety of the public generally, it is not desirable that the person should be allowed to drive a motor vehicle; or (b) the person: (i) has, in the opinion of the Registrar any mental or physical disability that is likely to affect his or her efficiency in driving a motor vehicle, having regard to the safety of the public generally; (ii) is, in the opinion of the Registrar, otherwise not ﬁt to drive a motor vehicle; or (iii) has been convicted of an offence in connection with the driving of a motor vehicle.
(4) Any person holding a foreign licence, commits an offence if they fail: (a) while driving a motor vehicle, to carry the licence; and (b) to produce the licence on request by a member of the Nauru Police Force, and is liable to pay a ﬁne of $200.

31 Motor vehicles trader’s licence (1) The Registrar may grant a motor vehicles trader’s licence to an applicant who satisﬁes the Registrar that he or she is engaged in the business of manufacturing, dealing in or repairing motor vehicles.
(2) The Registrar may grant a motor vehicles trader’s licence in respect of motor vehicles or in respect of motorcycles.
Service 0 601,004 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 20 Date: 30/8/2022 Time: 17:30:24 bwpageid:: 601004:: bwservice::0:: s 34 MOTOR TRAFFIC ACT 2014 32 (3) An application for a motor vehicles trader’s licence shall be in writing setting out the applicant’s place of business, the nature of his or her business, the type of motor vehicles trader’s licence required and the number of trader’s plates required.
(4) The holder of a motor vehicles trader’s licence in respect of motor vehicles may apply in writing to the Registrar at any time while the licence is in force for the issue to him or her of one or more pairs of trader’s plates of a type determined by the Registrar for use under such licence.

(5) An application for trader’s plates shall be accompanied by the appropriate deposit prescribed by Regulations to the number and type of trader’s plates applied for.
(6) A motor vehicles trader’s licence is, unless sooner cancelled or suspended, in force until and including the 31st day of December of the year in respect of which the licence is granted.
Cancellation, suspension of, and refusal to grant or renew, licences (1) The Registrar has the discretion to cancel or suspend by written notice a driver’s licence, for such period as he or she thinks ﬁt, if: (a) in the opinion of the Registrar having regard to the safety of the public generally, it is not desirable that the person should be allowed to drive a motor vehicle; or (b) the person: (i) has, in the opinion of the Registrar any mental or physical disability that is likely to affect his or her efficiency in driving a motor vehicle, having regard to the safety of the public generally; or (ii) is, in the opinion of the Registrar, otherwise not ﬁt to drive a motor vehicle; or (iii) has been convicted of an offence in connection with the driving of a motor vehicle.
(2) The Registrar may at his or her discretion refuse to grant a licence or renewal of licence to any person who, in his or her opinion, is unﬁt to hold a licence.
33 Appeal against refusal to grant, renew or transfer trader’s licence (1) Where the Registrar: (a) refuses to grant, to renew or to transfer a motor vehicles trader’s licence to a person; or (b) refuses an application for the issue of trader’s plates under Section 31(4); the person aggrieved by the refusal may within 14 days after the refusal appeal to the District Court.

(2) The decision of the District Court on an appeal under this Section is ﬁnal.
34 Owner not to permit unlicenced person to drive motor vehicle (1) The owner of a motor vehicle shall, before permitting any person to drive 601,005 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 21 Date: 30/8/2022 Time: 17:30:24 bwpageid:: 601005:: bwservice::0:: 35 36 LAWS OF THE REPUBLIC OF NAURU s 34 the motor vehicle, require the licence of that person to drive a motor vehicle of the class to which that motor vehicle belongs to be produced as proof that that person is so licenced.
If subsection (1) is not complied with, the owner of the vehicle shall be liable to a ﬁne not exceeding $500.

(2) Fees Fees payable under this Act, is as prescribed in the Motor Traffıc Regulations 2014.
Exemption No fee on registration shall be charged in respect of the following: (a) any motor vehicle which is the property of the Government or is being leased or rented by the Government for its use; or (b) any motor vehicle specially exempted by an Order of the Minister on account of its being owned by a public body or of its being used for any charitable, philanthropic or other public purpose: Provided that the exemption hereby granted from payment of the registration fee in respect of a vehicle shall cease whenever the condition justifying such exemption ceases to apply to that vehicle.
[The next page is 601,201] Service 0 601,006 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 22 Date: 30/8/2022 Time: 17:30:24 bwpageid:: 601006:: bwservice::0:: PART 4 — ROAD RULES AND SAFETY FOR DRIVERS 37 Speed measuring device (1) A speed measuring device shall be: (a) prescribed; and (b) used for measuring the speed of a moving motor vehicle.

(2) The Commissioner of Police shall appoint police officers or any other authorised officers in writing for the purposes of using a speed measuring device.
[s 37 subst Act 14 of 2021 s 7, opn 14 Sep 2021] 38 Speed limit (1) A motor vehicle shall not be driven: (a) at a speed exceeding 50 kilometres per hour; (b) at a speed exceeding 20 kilometres per hour: (i) while passing a school at a time when children are or are likely to be entering or coming out of school; (ii) while passing a church at a time when the congregation is or is likely to be entering or coming out of a church; or (iii) while passing a hospital or health centre; (c) at a speed exceeding 16 kilometres per hour when overtaking a school bus which has stopped to drop off or pick up school children; or (d) at a speed exceeding such speed limit as may be prescribed in respect of any road or class of vehicles and notiﬁed in the Gazette.
(2) A person who drives a motor vehicle at a speed that is in excess of the speed limit provided in this Act or regulations, commits an offence and is liable to pay a ﬁne not exceeding $500.

(3) A driver of a motor vehicle who fails or refuses to stop or park his or her vehicle when directed by a police officer, commits an offence and is liable to pay a ﬁne not exceeding $1,000 or a term of imprisonment not exceeding 2 years or to both.
(4) The Cabinet may make regulations prescribing the ﬁxed penalties for driving in excess of the speed limit provided in this Act or regulations.

[s 38 subst Act 14 of 2021 s 8, opn 14 Sep 2021] 39 Vehicles to keep to left (1) Every motor vehicle that is driven on any road in the Republic shall be driven as close to the left hand side of the road as practicable.
(2) No person being the driver of a motor vehicle, shall stop, other than stopping for a lawful signal, or park a vehicle on a road, whether attended or unattended, unless: (a) the vehicle is parallel to the direction of the roadway; and (b) the left side of the vehicle is as close as is practicable to the left side of the road.
(3) An exception to subsection (2) is if the vehicle is parked on a one way road when the vehicle shall: 601,201 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 23 Date: 30/8/2022 Time: 17:30:25 bwpageid:: 601201:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 39 (a) be expected to face the same direction as other vehicles proceeding along the road; and (b) be parked as close as practicable to either side of the road.
40 Making a U-turn (1) A driver shall not begin a U-turn unless: (a) the driver has a clear view of any approaching traffic; and (b) the driver can safely make the U-turn without unreasonably obstructing the free movement of traffic.

(2) Any driver who is making a U-turn shall give way to all motor vehicles and pedestrians.
41 Overtaking (1) Every vehicle overtaking another vehicle on a road shall keep to the right side of the vehicle being overtaken except where: (a) the driver of the vehicle being overtaken has signaled his or her intention of turning to the right and has taken up a position in the centre of the road, leaving room for overtaking vehicles to pass on his or her left; or (b) a road is divided into traffic lanes by marked lines on the road, or islands or bollards indicating traffic direction.
(2) Pedestrians or animals may be passed or overtaken on whichever side is the safer.

(3) A vehicle overtaking a school bus which has stopped to discharge or pick up school children shall slow down to a safe speed, which in any case shall not exceed 16km per hour.
42 Giving way to bus (1) A driver of a motor vehicle shall give way to a bus in front of the driver, if: (a) the bus has stopped or is moving slowly, at the far left side of the road, on a shoulder of the road, or in a bus-stop bay; (b) the right direction indicator lights of the bus are operating; and (c) the bus is about to enter or proceed in the lane or line of traffic in which the driver is driving.
(2) Where a bus has turned on its hazard lights, vehicles travelling behind it shall come to a complete stop until the hazard lights have been turned off.

43 44 Giving way to police vehicles, emergency vehicles or escort vehicles A driver shall give way to a police vehicle, emergency vehicle or escort vehicle that is displaying a ﬂashing blue, red or magenta light, whether or not it is also displaying other lights, or sounding an alarm.
Keeping clear of police vehicles, emergency vehicles or escort vehicles (1) A driver shall not move into the path of an approaching police vehicle, emergency vehicle or escort vehicle that is displaying a ﬂashing blue, red or magenta light, whether or not it is also displaying other lights, or sounding an alarm.
Service 1 601,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 24 Date: 30/8/2022 Time: 17:30:25 bwpageid:: 601202:: bwservice::1:: s 49 MOTOR TRAFFIC ACT 2014 45 46 47 (2) Where a driver is in the path of an approaching police vehicle, emergency vehicle or escort vehicle that is displaying a ﬂashing blue, red or magenta light, whether or not it is also displaying other lights or sounding an alarm, the driver shall move out of the path of the vehicle as soon as the driver can do so safely.
Right hand rule at intersections (1) The driver of any motor vehicle approaching or crossing an uncontrolled intersection shall yield the right of way to any vehicle approaching or crossing from his or her right.

(2) Every driver approaching or crossing an intersection shall yield the right to every other vehicle entitled to the right of way under the provisions of this Act and if necessary for that purpose, shall stop his or her vehicle.
(3) A driver shall not increase the speed of his or her vehicle when approaching or crossing any uncontrolled intersection at which any other vehicle has right of way under this Act.

Signals when turning (1) (2) (3) (4) If traffic may be affected by turning a vehicle, a driver of a motor vehicle shall not turn it without giving the appropriate signal under Section 49.
If a signal of an intention to turn right or left is required, a driver shall give it continuously for a sufficient distance to warn traffic before making the turn.

If there is an opportunity to give a signal, a driver shall not stop or suddenly decrease the speed of a vehicle without ﬁrst giving the appropriate signal under Section 49.
If the driver is about to move out from a stationary position at the side of the road, the driver shall give a signal for at least 5 seconds before the driver moves the vehicle.

Signals when stopping or slowing down (1) A driver shall give a stop signal in accordance with Section 48 before (2) (3) stopping or when suddenly slowing down.

If the driver is stopping, the driver shall give the stop signal for at least 5 seconds to give sufficient warning to other road users.
If the driver is slowing down suddenly, the driver shall give the stop signal while slowing down.

48 How to give a stop signal (1) The driver of a vehicle shall give a stop signal by means of the vehicle’s brake lights.
(2) However, if the vehicle’s brake lights are not in working order or are not clearly visible or the vehicle is not ﬁtted with brake lights, the driver shall give the stop signal by giving a hand signal or using a mechanical signalling device ﬁtted to the vehicle as provided by Section 50.
49 Means of signalling (1) Where a signal is required a driver shall give it by means of: 601,203 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 25 Date: 30/8/2022 Time: 17:30:25 bwpageid:: 601203:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 49 (a) a direction indicator light that has been ﬁtted in the motor vehicle and is part of the normal mechanical ﬁtting of the vehicle; or (b) his or her right arm and hand.
(2) Where a driver shall signal by means indicated under subsection (1)(b), the driver shall: (a) when he or she is about to stop, raise his or her right hand with his or her ﬁngers extended and pointing upwards in such a manner as to be visible to any driver immediately following; (b) when he or she is about to reduce the speed at which his or her vehicle is travelling, alternately raise and lower his or her hand with palm downwards in such a manner as to be visible to any person immediately following; or (c) when he or she is about to turn to the right, extend his or her right arm horizontally in the direction in which he or she intends to turn and in such a manner as to be visible to any person immediately following.
Using vehicle lights at night (1) A driver shall not drive any motor vehicle, including motorcycles at night, or in hazardous weather conditions causing reduced visibility unless: (a) the headlights, tail lights and number plate light ﬁtted to the driver’s vehicle are operating effectively and are clearly visible at a distance of 100 metres; and (b) if the vehicle is ﬁtted with clearance lights or side marker lights, those lights are operating effectively and are clearly visible at a distance of 100 metres.
(2) Any person who drives any motor vehicle in contravention of subsection (1), commits an offence and is liable to pay a ﬁne of $200.
Using headlights on high beam at night (1) The driver of a motor vehicle shall not use the vehicle’s headlights on high-beam, or allow the vehicle’s headlights to be used on high-beam, if the driver is driving at night and is driving: (a) less than 200 metres behind a vehicle travelling in the same direction as the driver; or (b) less than 200 metres from an oncoming vehicle.
(2) Where a driver of a motor vehicle intends to overtake another motor vehicle, the driver may brieﬂy switch the headlights from low beam to high beam immediately before the driver begins to overtake the vehicle in order to indicate the intention to overtake.
Using lights on vehicles that are stopped A driver shall not stop on a road at night unless: (a) if the driver’s vehicle is 2 metres wide or wider, the clearance and side marker lights ﬁtted to the vehicle are operating effectively and are clearly visible; or (b) in any other case, the parking lights ﬁtted to the driver’s vehicle are operating effectively and are clearly visible.
Using hazard warning lights The driver of a vehicle ﬁtted with hazard warning lights shall not use the hazard warning lights, or allow them to be used, unless: 50 51 52 53 Service 1 601,204 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 26 Date: 30/8/2022 Time: 17:30:25 bwpageid:: 601204:: bwservice::1:: s 57 MOTOR TRAFFIC ACT 2014 54 55 56 (a) the vehicle is stopped and is obstructing or is likely to obstruct, the path of other vehicles or pedestrians; (b) the vehicle is a slow-moving vehicle and is obstructing or is likely to obstruct, the path of other vehicles or pedestrians; (c) the driver stops the vehicle to sell a product that may attract children onto the road; (d) the driver is driving in hazardous weather conditions; or (e) the vehicle is a bus carrying children and the driver stops the vehicle to drop off or pick up a child.
Slow moving traffic Where for any reason a vehicle is proceeding at slow speed and is causing obstruction to other motor vehicles, the driver of the vehicle shall keep the vehicle as close to the left side of the road as practicable and permit other vehicles to overtake.
Duty of driver approaching pedestrian crossing (1) When approaching a pedestrian crossing, the driver of a motor vehicle, shall reduce his or her speed to enable him or her to stop before reaching the crossing and allow any pedestrian using the crossing, the right of way.

(2) A driver shall not drive his or her motor vehicle that it overtakes and passes any other motor vehicle which has stopped or slowed down to comply with the provisions of subsection (1).
Riding a bicycle on a public road (1) A person shall not, upon any public highway, ride a bicycle at night, unless the bicycle is ﬁtted with: (a) a light at the front of the bicycle that is operating effectively and is clearly visible at a distance of at least 50 metres; and (b) a red reﬂector at the rear of the bicycle so that the lights of any motor vehicle approaching from the rear are reﬂected at a distance of at least 50 metres.
(2) A person in contravention of this Section, is guilty of an offence and is liable to a ﬁne of $200.

57 Riding a motorcycle without a helmet (1) A person shall not drive or ride on a road a motorcycle unless the person is wearing a safety helmet that is securely fastened.

[subs (1) am Act 4 of 2016 s 4, opn 29 Jan 2016] (2) A safety helmet shall be free from damage, wear, tear or modiﬁcations that may adversely affect its safety.
(3) Where a passenger on a motorcycle is a child below the age of 8 it shall be acceptable for him or her to wear a bicycle helmet provided: (a) the helmet is in compliance with subsection (2); and (b) the driver of the motorcycle does not travel: (i) at a speed exceeding 30km per hour; (ii) at a speed exceeding 20km per hour: (A) while passing a school at a time when children are, or are likely to be, entering or coming out of school; 601,205 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 27 Date: 30/8/2022 Time: 17:30:26 bwpageid:: 601205:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 57 (B) while passing a church at a time when the congregation is, or is likely to be, entering or coming out of church; or (C) while passing a hospital; or (iii) at a speed exceeding 16km per hour when overtaking a school bus which has stopped to discharge or pick up school children.
(4) A person in contravention of this Section commits an offence and is liable to pay a ﬁne of $200.

58 Maximum number of persons to be carried on motorcycles (1) A person driving a motorcycle upon a public highway carrying more than 1 other person on the motorcycle, commits an offence and is liable to pay a ﬁne of $300.
(2) A person who drives a motorcycle and: (a) carries, in the back tray of the motorcycle; or (b) seats, directly behind him or her, a child who is under the age of 5, commits an offence and upon conviction is liable to a ﬁne of $500.
59 General road rules (1) A driver of a motor vehicle shall: (a) at all times comply with directions given by a member of the Nauru Police Force as to: (i) the manner of approaching or departing from any place; (ii) the manner of taking up or setting down passengers or loading or unloading goods; or (iii) the regulation of traffic; or (b) whenever necessary, give sufficient warning, by sounding a bell, horn or other means of alarm, of the approach of the vehicle to any person walking, riding or driving upon a public highway.
(2) The driver of a motor vehicle upon a public highway shall not: (a) negligently or wilfully obstruct, hinder, or prevent the free passage of any person, vehicle or bicycle; (b) wilfully stop: (i) opposite to the entrance of, or across any road, track or thoroughfare; or (ii) upon the intersection of any public highway; (c) leave the motor vehicle unattended in such a position as to obstruct the traffic or unreasonably cause inconvenience to any person; (d) leave the motor vehicle without taking due precaution against such vehicle being started during his or her absence; (e) permit any person to drive the motor vehicle without the consent of the owner; (f) cause the motor vehicle to travel backwards for a greater distance or time than is requisite for safety or reasonable convenience; (g) while driving a motor vehicle, be in such a position that he or she has not full control of the vehicle or has not a clear view of the traffic; (h) cause or permit an undue amount of smoke to be projected from any part of the vehicle; (i) race with any other vehicle; Service 1 601,206 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 28 Date: 30/8/2022 Time: 17:30:26 bwpageid:: 601206:: bwservice::1:: s 59 MOTOR TRAFFIC ACT 2014 (j) go upon any road closed against traffic; or (k) communicate by means of an electronic device with another person or another device by electronic mail or other text-based message.
601,207 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 29 Date: 30/8/2022 Time: 17:30:26 bwpageid:: 601207:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU [The next page is 601,401] Service 1 601,208 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 30 Date: 30/8/2022 Time: 17:30:26 bwpageid:: 601208:: bwservice::1:: 60 61 PART 5 — RULES FOR PASSENGERS IN MOTOR VEHICLES AND PEDESTRIANS Wearing of seatbelts (1) A person while travelling in a motor vehicle in excess of the prescribed speed limit and if the vehicle is ﬁtted with a seatbelt, does not wear the seatbelt properly adjusted and fastened every time the vehicle is travelling on a public road, commits an offence and is liable to pay a penalty of $200.
(2) Subsection (1) applies to: (a) passengers described in Section 61(2) and (4); (b) passengers travelling in the front seat of a motor vehicle; (c) passengers travelling in the back seat but seated in the middle of the back seat; and (d) the person driving the motor vehicle.

Children travelling in motor vehicles (1) A person who drives a motor vehicle and carries a passenger who is under 5 years old and seated in the front row of the motor vehicle commits an offence and is liable to a ﬁne of $200.
(2) Where a passenger in a vehicle is less than 5 years of age, the child shall: (a) be seated in the back seat; and (b) if the vehicle is ﬁtted with a secure and properly adjusted seatbelt, be securely restrained with the seatbelt.

(3) Where a passenger is above 5 years of age and seated in the front passenger seat of the vehicle, the child shall wear the seatbelt properly adjusted and fastened every time the vehicle is moving.
(4) A person who drives a motor vehicle and allows a passenger under the age of 12 to be seated in the back tray of the vehicle without any adult accompaniment, commits an offence and is liable to pay a ﬁne of $500.

(5) Subject to any other provision under this Act, any person who drives a motor vehicle and allows another person to be seated with him or her behind the wheel of that vehicle while the vehicle is travelling on a public road, commits an offence and is liable to pay a ﬁne of $500.
(6) Subject to any other provision in this Act, a parent or guardian who allows a child under 18 to drive a motor vehicle, including a motorcycle, without a learner’s permit, commits an offence and shall be liable to pay a ﬁne of $1,000 and may have their vehicle impounded under Section 115.
62 Exemption from wearing a seat belt The following are exempted from wearing a seatbelt under this Act: (a) any person who is a passenger in a police vehicle, emergency vehicle or enforcement vehicle; or (b) any person who is providing or receiving medical treatment of an urgent and necessary nature while in a vehicle.
601,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 31 Date: 30/8/2022 Time: 17:30:26 bwpageid:: 601401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 63 63 Persons travelling in motor vehicles (1) A person travelling in a motor vehicle shall: (a) not travel in any part of the motor vehicle that is not a part designed primarily for the carriage of passengers; (b) not stand in or on any part of the vehicle when the vehicle is moving; or (c) travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle, unless the person is the driver of the vehicle and is giving a hand signal: (i) for changing direction in accordance with Section 49; or (ii) for stopping or slowing in accordance with Section 49.
(2) Subsection (1) does not apply to a person who is: (a) in a police vehicle, emergency vehicle or enforcement vehicle; (b) on a motorcycle; or (c) engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, in or on a motor vehicle that is not travelling over 25 km per hour.

(3) A person in contravention of this Section, commits an offence and shall be liable to pay a ﬁne of $200.
64 Pedestrian crossing A pedestrian who uses a pedestrian crossing shall not remain on it for longer than is necessary to cross the road.
[The next page is 601,601] Service 0 601,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 32 Date: 30/8/2022 Time: 17:30:26 bwpageid:: 601402:: bwservice::0:: 65 PART 6 — OFFENCES Unregistered motor vehicle (1) A person who drives an unregistered motor vehicle on a road commits an offence and is liable to pay a ﬁne of $500 and have his or her vehicle impounded under Section 115.
(3) (2) Any person who owns an unregistered motor vehicle and allows that vehicle to be driven on a road commits an offence and the owner of the vehicle is liable to pay a ﬁne of $500 and have his or her vehicle impounded under Section 115.
If an unregistered vehicle has been impounded and is found not to be road worthy or is contravening any other provision in this Act then the owner of the vehicle has committed an offence and the vehicle shall not be released to the owner unless: (a) the prescribed ﬁne has been paid; (b) the prescribed fee has been paid; and (c) the owner of the vehicle does either of the following: (i) tow the vehicle to an approved garage so the vehicle may be serviced, insured or any action whatsoever that is necessary to: (A) raise the vehicle to the standard of roadworthiness found in Schedule 1; and (B) meet any other requirement found in this Act; or (ii) tow the vehicle to the owners house so he or she may: (A) raise the vehicle to the standard of roadworthiness found in Schedule 1; and (B) meet any other requirement found in this Act.
(4) For a second offence under subsection (3) within the same period of registration, the owner of the vehicle shall be liable to: (a) the suspension of his or her licence for 3 months; and (b) repeat the process in subsection (3).
(5) For a third offence under subsection (3) within the same period of registration, the owner of the vehicle shall be liable to: (a) the suspension of his or her licence for 6 months; and (b) the disposal of the vehicle by auction or public tender to be conducted by the Department of Transport.
(6) Where a sale of a motor vehicle under this Section provides a greater amount than is necessary to defray the expenses of: (a) the removal; (b) impounding; (c) servicing; or (d) any other action necessary to meet the requirements of the provisions of this Act, of the vehicle or trailer, the balance shall be held for 3 months and if not claimed by the owner within that period shall be paid into the funds of the Republic.
601,601 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 33 Date: 30/8/2022 Time: 17:30:26 bwpageid:: 601601:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 66 Crossing sidewalk Any person who wilfully drives a motor vehicle across the sidewalk in areas in which provision is made for parking or turning a motor vehicle, commits an offence and is liable to pay a ﬁne of $100.
Dangerous driving (1) A person who drives a motor vehicle upon a public highway negligently, furiously, recklessly or at a speed or in a manner dangerous to the public, commits an offence and is liable upon conviction to the suspension of his or her driver’s licence for a period of 1 year and is subject also to any of the following: (a) a ﬁne of $1,000; (b) imprisonment for 6 months; or (c) both a ﬁne and imprisonment.
In considering whether an offence has been committed under this Section, the court shall have regard to all the circumstances of the case, including: (a) the nature, condition, and use of the public highway upon which the (2) offence is alleged to have been committed, and (b) to the amount of traffic which was, or might reasonably have been expected to have been, upon that public highway at the time.
Dangerous driving occasioning death (1) A person is guilty of the offence of dangerous driving occasioning death if the motor vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the motor vehicle: (a) under the inﬂuence of intoxicating liquor or of a drug; (b) at a speed dangerous to another person or persons; (c) in a manner dangerous to another person or persons; or (d) in a manner that is reckless or negligent.
(2) A person convicted for an offence under this Section, upon conviction is liable to imprisonment for 10 years.
[s 67A insrt Act 4 of 2016 s 5, opn 29 Jan 2016] Dangerous driving occasioning grievous bodily harm (1) A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the motor vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the motor vehicle: (a) under the inﬂuence of intoxicating liquor or of a drug; (b) at a speed dangerous to another person or persons; (c) in a manner dangerous to another person or persons; or (d) in a manner that is reckless or negligent.
(2) A person convicted for an offence under this Section, upon conviction is liable to imprisonment for 7 years.
[s 67B insrt Act 4 of 2016 s 6, opn 29 Jan 2016] Failure or refusal to give name A driver of a motor vehicle who, upon being required by a member of the Nauru 601,602 66 67 67A 67B 68 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 34 Date: 30/8/2022 Time: 17:30:27 bwpageid:: 601602:: bwservice::1:: s 70A MOTOR TRAFFIC ACT 2014 Police Force in execution of his or her duty to give his or her name, fails or refuses to give his or her name, commits an offence and shall be liable to a ﬁne of $200 or imprisonment for 2 months.
69 Driving under inﬂuence of liquor (1) A person who drives a motor vehicle while he or she is under the inﬂuence of intoxicating liquor or of a drug, commits an offence and is liable to a penalty under Section 79.
(2) A person who is found driving or in charge of a motor vehicle while: (a) the proportion of alcohol in his or her breath exceeds the prescribed limit; (b) the percentage of alcohol in his or her blood exceeds the prescribed limit; or (c) under the inﬂuence of intoxicating liquor and in the assessment of a police officer fails an impairment test, commits an offence under subsection (1) for driving or being in charge of a motor vehicle while under the inﬂuence of intoxicating liquor and upon conviction is liable to a penalty under Section 79.
[subs (2) subst Act 23 of 2020 s 4, opn 23 Oct 2020] (3) Where a person is arrested for contravening this Section after being tested for the level of alcohol in the blood, he or she shall be held in custody for up to 12 hours before being interviewed or charged with an offence.
[subs (3) insrt Act 14 of 2021 s 9, opn 14 Sep 2021] [s 69 subst SL 18 of 2014 regs 3 and 4, opn 22 Jan 2015] 70 Power to administer random breath tests (1) A police officer may require any person whom he or she ﬁnds: (a) driving or in charge of a motor vehicle; (b) occupying the driving seat of a motor vehicle on a road and attempting to put the motor vehicle in motion, or (c) whom he or she believes on reasonable grounds has within the preceding 1 hour driven, or been in charge of, a motor vehicle when it was involved in a collision with any other motor vehicle or with any person, animal or object, to undergo a preliminary breath test by a prescribed device operated by such police officer or any other police officer to ascertain speedily without disclosing the actual level of concentration whether it is likely that the percentage of alcohol in that person’s blood exceeds the prescribed limit.
(2) After a person undergoes a preliminary breath test under subsection (1) and it is ascertained that it is likely that the percentage of alcohol in that person’s blood is greater than the prescribed limit, a police officer may detain that person for such time, not exceeding 1 hour, as is necessary to enable him or her to be required to furnish a sample of breath for analysis by a breath analysing instrument under Section 71, and may require that person to accompany him or her to a police station for that purpose.
70A Power to administer impairment test (1) A police officer may require a person who is found driving or in charge of 601,603 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 35 Date: 30/8/2022 Time: 17:30:27 bwpageid:: 601603:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 70A a motor vehicle to undergo an impairment test, if the police officer has reasonable cause to believe that such person is under the inﬂuence of intoxicating liquor.
(2) An impairment test includes: (a) a walk and turn assessment; (b) an eye assessment; (c) a pupillary assessment; (d) a balance assessment; (e) a ﬁnger to nose assessment; and (f) a 1 leg stand assessment.

(3) A police officer may require a person speciﬁed under subsection (1) to: (a) remain in the place where he or she was stopped, for a period of time that is reasonable in the circumstances, to undergo an impairment test; or (b) accompany the police officer to another place for an impairment test.
(4) The police officer who conducts the test: (a) shall record the test he or she required the person to take and his or her ﬁnding of such test in writing; and (b) may take a video recording of the test being conducted using a mobile phone or other digital device.

(5) The tests recorded under subsection (4) is admissible as evidence in any proceedings in court by the police officer conducting the test or the police officer who takes the video or who recorded the test being conducted.
(6) A person who, when required by a police officer to undergo an impairment test, fails or refuses to do so, commits an offence and upon conviction is liable to a ﬁne not exceeding $1,000 or a term of imprisonment not exceeding 6 months or to both.

(7) A person who fails or refuses to undergo an impairment test under this Section, may be arrested without a warrant by a police officer.
[s 70A insrt Act 23 of 2020 s 5, opn 23 Oct 2020] 71 Submission to breath-analysis test in certain cases (1) Any police officer may require any person: (a) whom he or she ﬁnds driving a motor vehicle or in charge of a motor vehicle and who behaves in a manner which indicates that his or her ability to drive a motor vehicle is impaired; or (b) who has undergone a preliminary breath test under Section 70, by which, it has been ascertained that it is likely that the percentage of alcohol in such person’s blood or proportion of alcohol in the person’s breath exceeds the prescribed limit, to furnish a sample of breath for analysis by a breath-analysing instrument.
[subs (1) subst Act 23 of 2020 s 6, opn 23 Oct 2020] (2) The provisions of subsection (1) extend to any case where the police officer believes on reasonable grounds that any such person was driving or in charge of a motor vehicle at any time within the preceding 2 hours before the requirement is made and that such person behaved in a manner which indicated that his or her ability to drive a motor vehicle at such a time was impaired.
Service 1 601,604 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 36 Date: 30/8/2022 Time: 17:30:27 bwpageid:: 601604:: bwservice::1:: s 72A 72 MOTOR TRAFFIC ACT 2014 Furnishing of breath sample (1) A person lawfully required by a police officer under the provisions of Section 70 or 71 to undergo a preliminary breath test or to furnish a sample of his or her breath shall do so by exhaling into the device or instrument, as the case may be, through the attached tube and shall exhale continuously to the reasonable satisfaction of the person operating the device or instrument.
(2) No person shall be obliged to undergo a preliminary breath test under Section 70 more than 1 hour after driving or being in charge of the motor vehicle.

(3) No person shall be obliged to furnish a sample of his or her breath under Section 70 more than 2 hours after driving or being in charge of the motor vehicle.
(4) No person shall be obliged to undergo a preliminary breath test under Section 70 or to furnish a sample of his or her breath under Section 71, except: (a) at or in the vicinity of the place where the driving or being in charge of the motor vehicle occurred; (b) if such person has left that place with the apparent intention of avoiding such test or of concealing his or her identity, at or in the vicinity of the place where he or she is found; (c) at a police station or within the grounds or precincts thereof; or (d) if such person has been taken from the place where such driving or being in charge occurred for medical treatment, at the place where he or she is receiving medical treatment.
(5) Where a person is required to undergo a preliminary breath test under Section 70 or 71 and is receiving medical treatment, he or she: (a) may not be required to submit to the breath test where the health practitioners are of the opinion that it will be prejudicial to the health of such person; and (b) shall provide a sample of blood for testing the proportion of alcohol in his or her blood, which the medical practitioners shall obtain with or without the consent of such person.
[subs (5) subst Act 23 of 2020 s 7, opn 23 Oct 2020] (6) A person who fails to submit to a breathalyser test or fails to furnish sufficient sample of breath into the device or instrument for the breath test for the reading of alcohol content under subsection (1), commits an offence and upon conviction is liable to: (a) mandatory suspension of his or her driver’s licence for 3 months; (b) a maximum ﬁne of $1,000; (c) imprisonment for 6 months; or (d) a combination of (a), (b) or (c) or all.
[subs (6) insrt Act 23 of 2020 s 7, opn 23 Oct 2020] 72A Right to elect blood test (1) A person may elect to have a blood test where the result of his or her breath test exceeds the prescribed limit.

(2) Where a person elects to have a blood test under subsection (1), the result of such blood test shall take precedence over the result of a breath test.
601,605 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 37 Date: 30/8/2022 Time: 17:30:27 bwpageid:: 601605:: bwservice::1:: 73 LAWS OF THE REPUBLIC OF NAURU s 72A (3) No person shall elect to undergo a blood test under subsection (1) more than 2 hours after the breathalyser test was initially administered.
[s 72A insrt Act 23 of 2020 s 8, opn 23 Oct 2020] Refusal to furnish a sample (1) Any person who, when required by a police officer pursuant to the provisions of Section 70(1) or 71(1) to undergo a breath test or to furnish a sample of his or her breath for analysis, refuses or fails to do so shall, subject to of Section 72(5), be guilty of an offence and may be arrested without warrant by the police officer making the requirement, or by any other police officer at the request of such officer.
(2) A person shall not be convicted of refusing or failing to undergo a breath test or to furnish a sample of his or her breath for analysis pursuant to Section 70(1) or 71(1) if he or she satisﬁes the court that there was some reason of a substantial character for his or her refusal or failure other than a desire to avoid providing evidence which might be used against him or her.
(3) As soon as practicable after a person has been asked for a sample under subsection (1) and has refused to furnish such sample, the police officer shall sign and deliver to the person a certiﬁcate as included in Schedule 3.
[subs (3) insrt Act 6 of 2015 s 3 and Sch item [3], opn 24 Mar 2015] (4) A copy of the certiﬁcate given in subsection (3) shall be prima facie evidence in any proceedings under subsection (1), unless the accused person gives notice within reasonable time in writing to the informant that he or she requires the officer giving the certiﬁcate to be called as a witness.
[subs (4) insrt Act 6 of 2015 s 3 and Sch item [3], opn 24 Mar 2015] 74 Certiﬁcate of breath analysis (1) The police officer who conducts the breath test of a person by means of a breath-analysing device or instrument shall, as soon as practicable, sign and deliver to the person whose breath has been analysed a certiﬁcate contained in Schedule 2 stating: (a) the percentage of alcohol indicated by the analysis to be present in such person’s blood; or (b) the proportion of alcohol in the person’s breath; and (c) the date and time at which the analysis was made.
(2) A certiﬁcate given in subsection (1) shall be prima facie evidence of any proceedings referred to in Section 75.

[subs (2) am Act 6 of 2015 s 3 and Sch item [1], opn 24 Mar 2015] (3) Where an accused person requires the police officer who signed the certiﬁcate to be called as a witness, he or she shall give prosecution a notice in writing 10 days before the trial or hearing of the proceedings where such evidence is being sought to be relied upon by the prosecution including in Section 75(2).
[subs (3) am Act 6 of 2015 s 3 and Sch item [1], opn 24 Mar 2015] (4) A certiﬁcate signed by the Commissioner of Police that a police officer is authorised by the Commissioner of Police to operate the breath-analysing device or instrument shall be admissible in any proceedings as evidence of the authority of that person.
[s 74 subst Act 23 of 2020 s 9, opn 23 Oct 2020] Service 1 601,606 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 38 Date: 30/8/2022 Time: 17:30:28 bwpageid:: 601606:: bwservice::1:: s 77 75 75A 76 77 MOTOR TRAFFIC ACT 2014 Evidence of intoxication (1) Where under this Act or any other written law a person is charged with an offence, the question as to whether such person was under the inﬂuence of intoxicating liquor may be established by: (a) an impairment test; (b) the result of the test of proportion of alcohol in the breath of any person; (c) the result of the test of the percentage of alcohol in the blood of any person; or (d) a combination of (a), (b) and (c).
(2) The results of the tests referred to under subsection (1) are admissible evidence for the purposes of the following offences: (a) dangerous driving under Section 67; (b) dangerous driving occasioning death under Section 67A; (c) dangerous driving occasioning grievous bodily harm under Section 67B; (d) driving or in charge of vehicle while under the inﬂuence of intoxicating liquor under Section 69; and (e) negligently causing serious harm under Section 73 of the Crimes Act 2016.
[s 75 am Act 6 of 2015 s 3 and Sch item [1], opn 24 Mar 2015; Act 18 of 2016 s 287 and Sch 2 Pt 14, opn 12 May 2016; subst Act 23 of 2020 s 10, opn 23 Oct 2020] Evidence of intoxication if no prescribed instrument available Where there is no prescribed instrument at hand, it shall be sufficient evidence that a person is under the inﬂuence of alcohol if the police officer ﬁnds that: (a) the person is unsteady on his or her feet; (b) the person is not able to walk along a straight line; (c) the person’s speech is unclear; or (d) the person otherwise appears affected by alcohol.
[s 75A insrt SL 18 of 2014 reg 5, opn 22 Jan 2015] Operator’s evidence In any proceedings such as are referred to in Section 75 evidence by a police officer authorised to operate a breath- analysing instrument pursuant to this Act: (a) that apparatus used by him or her on any occasion pursuant to this Act, was a breath-analysing instrument within the meaning of this Act; (b) that the breath-analysing instrument was on that occasion in proper working order and properly operated by him or her; and (c) that in relation to the breath-analysing instrument regulations made under this Act with respect to breath- analysing instruments were complied with, shall be prima facie proof of those facts.
Presumption as to alcohol level in blood For the purposes of this Act, if it is established that at any time within 2 hours after an alleged offence a certain percentage of alcohol was present in the blood of the person charged with the offence, it shall be presumed until the contrary is proved beyond reasonable doubt that no less than that percentage of alcohol was present in the person’s blood at the time at which the offence is alleged to have been committed.
601,607 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 39 Date: 30/8/2022 Time: 17:30:28 bwpageid:: 601607:: bwservice::1:: 78 LAWS OF THE REPUBLIC OF NAURU s 78 Consuming alcohol after accident or preliminary breath test Any person who: (a) where a motor vehicle which has been involved in a collision with any other motor vehicle or with any person, animal or object, was driven by him or her at the time of such collision; or (b) having undergone a preliminary breath test under Section 70 by which it has been ascertained that it is likely that the percentage of alcohol in his or her blood is greater than the prescribed limit, consumes intoxicating liquor within 2 hours after such collision or test is guilty of an offence: Provided that it shall not be an offence for any person to consume alcohol within such period if he or she has during such period and prior to consuming that alcohol either undergone a preliminary breath test under Section 70 which has shown that it is not likely that the proportion of alcohol in his or her blood exceeds the prescribed limit or has furnished a sample of his or her breath under Section 71 and it has been ascertained thereby that the percentage of alcohol in his or her blood does not exceed the prescribed limit.
79 Penalties (1) Any person who is convicted of an offence under Section 69(2) is liable to: (a) for a ﬁrst offence: (i) mandatory suspension of his or her driver’s licence for 6 months; and (ii) a maximum ﬁne of $1,000; or (iii) imprisonment for 6 months; (b) for a second offence: (i) mandatory suspension of his or her driver’s licence for 12 months; or (ii) a maximum ﬁne of $3,000; or (iii) imprisonment for 12 months; and (c) for a third offence: (i) mandatory suspension of his or her driver’s licence for 5 years; and (ii) a maximum ﬁne of $10,000; or (iii) imprisonment for 3 years.
[subs (1) am SL 18 of 2014 reg 6, opn 22 Jan 2015; subst Act 23 of 2020 s 11, opn 23 Oct 2020] (2) Any person who is convicted of an offence under Section 73(1) or Section 78 is liable if not previously convicted of an offence under any of those sections to a ﬁne of $300 and, if previously convicted of one or more offences under any one or more of those sections, to imprisonment for 3 months and to a ﬁne of $600.
In addition to imposing a ﬁne or a sentence of imprisonment a Court which has convicted a person of an offence against, Section 73(1) or Section 78 shall, notwithstanding anything to the contrary in this Act or in any other Act, cancel the licence of such person and: (a) if he or she has not previously been convicted of an offence under any of those sections, disqualify him or her for not less than 6 months from obtaining a licence; and (3) Service 1 601,608 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 40 Date: 30/8/2022 Time: 17:30:28 bwpageid:: 601608:: bwservice::1:: 80 81 82 s 84 MOTOR TRAFFIC ACT 2014 (b) if he or she has previously been convicted of an offence under any of those sections, disqualify him or her for not less than 12 months from obtaining a licence.
‘prescribed device’ and ‘breath analysing Meaning of instrument’ (1) (2) In this Act, ‘prescribed device’ means a device prescribed for the purpose of Section 70 by the Cabinet by notice published in the Gazette.

In this Act, ‘breath-analysing instrument’ means apparatus of a type approved for the purpose of Section 71 by the Cabinet by notice published in the Gazette as apparatus for ascertaining by analysis of a person’s breath what percentage of alcohol is present in his or her blood.
Prescribed limits of alcohol For the purposes of this Act, the ‘prescribed limits’ means: (a) in the case of breath, the proportion of alcohol in the person’s breath exceeds 0.0525 grams of alcohol per 210 litres of breath; and (b) in the case of blood, the proportion of alcohol in the person’s blood exceeds 50 milligrams of alcohol per 100 millilitres of blood.
[subs (2) am SL 18 of 2014 reg 7, opn 22 Jan 2015] [s 81 subst Act 23 of 2020 s 12, opn 23 Oct 2020] Failure or refusal to provide information The owner or driver of a motor vehicle who, upon being required by a member of the Nauru Police Force in the execution of his or her duty to give any information which is in his or her power to give and which: (a) may lead to the identiﬁcation of any person who was driving the vehicle when an offence against this Act was alleged to have been committed; or (b) in relation to any other information related to other provisions of this Act, fails or refuses to give the information, commits an offence and is liable to pay a ﬁne of $200.
[s 82 subst Act 6 of 2015 s 3 and Sch item [4], opn 24 Mar 2015] 83 Minimum requirements for drivers and vehicles (1) A person shall not drive, or permit another person to drive, a motor vehicle upon a public highway, unless: (a) the person or the other person is licenced to drive it; (b) the motor vehicle complies with the requirements of Schedule 1; (c) the prescribed number plates are properly affixed to it; and (d) the numbers on the number plates are clearly visible.
(2) A person shall not be convicted of an offence under subsection (1)(c) if he or she proves to the satisfaction of the court that the vehicle was being driven for the purpose of effecting its registration.

(3) For the purposes of this Section, a person whose licence has been cancelled or suspended under this Act, shall be deemed not to be a person licenced to drive a motor vehicle.
84 False statements and unlawful possession of licences, etc A person who: 601,609 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 41 Date: 30/8/2022 Time: 17:30:28 bwpageid:: 601609:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 84 (a) by any false statement or misrepresentation obtains or attempts to obtain a licence or certiﬁcate of registration under this Act; (b) without lawful excuse has in his or her possession any licence or certiﬁcate of registration issued under this Act; (c) unlawfully uses an identifying number issued under this Act; (d) forges or fraudulently alters or uses, or fraudulently lends or allows to be used by any other person, any licence, certiﬁcate of registration or identifying number of a motor vehicle, issued under this Act; or (e) owns or drives upon a public highway any unregistered motor vehicle having upon it any number or numbers of the same description as those required to be affixed to motor vehicles registered under this Act and calculated to deceive, shall be guilty of an offence.
85 Accidents (1) Where an accident causing damage or injury to any person, vehicle or 86 87 animal occurs, the driver of the motor vehicle shall: (a) stop his or her motor vehicle; and (b) if required to do so by any person having reasonable grounds for so requiring, give his or her name, contact details and the identiﬁcation marks of the motor vehicle.
(2) Where there is an accident under subsection (1), the driver of the motor vehicle shall report the accident at the police station or to a police officer as soon as reasonably practicable.

(3) A person who contravenes subsections (1) and (2), commits an offence and upon conviction is liable to a ﬁne not exceeding $10,000 or to a term of imprisonment not exceeding 12 months or to both.
[s 85 subst Act 6 of 2018 s 5, opn 6 Mar 2018] Driving motor vehicle without consent of owner A person who drives or uses any motor vehicle without ﬁrst obtaining the consent of the owner, shall be guilty of an offence.
Sentencing powers of the court (1) Where a person is convicted under this Act or any other Act of an offence involving the driving of a motor vehicle, the court may in addition to any penalty imposed: (a) if the person holds any licence, suspend or cancel that licence; (b) declare the person to be disqualiﬁed from obtaining any licence for such time as the court thinks ﬁt; and (c) order that particulars of the conviction be endorsed upon any licence or renewal of licence held by the person during such period as the court thinks ﬁt.
(2) A licence suspended in accordance with this Section shall, during the term of suspension, be of no effect, and a person whose licence is suspended or who is declared by the court to be disqualiﬁed from obtaining a licence, shall, during the period of suspension or disqualiﬁcation, be disqualiﬁed from obtaining a licence.
Service 1 601,610 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 42 Date: 30/8/2022 Time: 17:30:28 bwpageid:: 601610:: bwservice::1:: s 90 88 89 MOTOR TRAFFIC ACT 2014 Evidence of speed indicated by speed measuring device Where, in any proceedings for an offence against this Act or Regulations, or any other written law relating to motor vehicles or their use, the speed at which a motor vehicle travelled on the occasion of the alleged offence is relevant in the proceedings, evidence of the speed of the motor vehicle as indicated or determined on that occasion by a speed-measuring device shall, if the speed, or time, measuring mechanism of that device has been tested and sealed as required by regulations and the device has been used in such manner as is prescribed without prejudice to any other mode of proof, be prima facie evidence of the speed of the motor vehicle on that occasion.
[s 88 am Act 14 of 2021 s 10, opn 14 Sep 2021] Evidence of testing and sealing A certiﬁcate in the prescribed form to the effect that the speed, or time, measuring mechanism of any device referred to in Section 88 has been tested and sealed in the prescribed manner signed or purported to be signed by a person holding, or acting in, the post of Technical Officer in the faculty of Electrical Engineering or of Electronics at a prescribed university, whether in the Republic or elsewhere and by a person holding or acting in, either the post of professor or the post of reader in that faculty shall, without prejudice to any other mode of proof, be prima facie evidence that the mechanism has been so tested and sealed and is accurate.
90 Excessive noise A person who upon any public highway: (a) drives any motor vehicle which causes undue noise by reason of: (i) the vehicle being in a state of disrepair; (ii) the manner in which the vehicle is loaded; (iii) the construction or condition of the adjustment of the machinery of the vehicle; or (iv) the construction or condition of the adjustment of an affixed silencer; or (b) makes or permits to be made any unnecessary noise with the horn or other means of alarm affixed to a motor vehicle or makes or permits to be made, any such noise, other than as a warning of danger, commits an offence and is liable to pay a ﬁne of $1,000.
601,611 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 43 Date: 30/8/2022 Time: 17:30:28 bwpageid:: 601611:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU [The next page is 601,801] Service 1 601,612 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 44 Date: 30/8/2022 Time: 17:30:28 bwpageid:: 601612:: bwservice::1:: 91 92 PART 7 — THIRD PARTY INSURANCE Third party insurance requirement (1) Subject to the provisions of this Part, it shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle on a road unless there is in relation to the vehicle, a policy of insurance in respect of third party risks complying with the requirements of this Part.
(2) Any person who acts in contravention of subsection (1), commits an offence and is liable to pay a ﬁne of $1,000 or imprisonment for 6 months and to other such penalties that the court shall impose.
(3) The court by which a person is convicted of an offence under subsection (1), shall unless the court ﬁnding exceptional mitigating circumstances thinks ﬁt to order otherwise and without prejudice to the power of the court to order a longer period of suspension or disqualiﬁcation: (a) in every case order that person to be disqualiﬁed for holding or obtaining any motor vehicle driver’s licence under Part 2 for a period of 6 months from the date of the conviction; and (b) in every case relating to the use of a public service vehicle, order the public service vehicle driver’s licence in respect of that vehicle to be suspended for a period of 6 months from the date of the conviction, and that no such licence in respect of that vehicle be issued during that period.
(4) A person so convicted and in relation to whom such an order has been made, shall produce any motor vehicle driver’s licence or public service vehicle licence which is held by him or her and to which that order relates to the court by which he or she was convicted within such time as the court may direct.

(5) This Section shall not apply to any motor vehicle or type of motor vehicle declared by order of the Minister to be exempted from the provisions of this Act.
Requirements in respect of policies (1) In order to comply with the provisions of this Act, a policy of insurance shall be a policy which: (a) is issued by an approved insurer; and (b) insures such person, persons or classes of persons as may be speciﬁed in the policy in respect of any liability which may be incurred by him or her or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the vehicle.
[subs (1) am Act 58 of 2016 s 5, opn 23 Dec 2016] (2) A policy of insurance under subsection (1), shall not be required to cover: (a) in the case of a passenger carried for hire or reward in a passenger vehicle, liability in respect of death or bodily injury related to being carried in or upon or entering or getting on to or alighting from the motor vehicle at the time of the occurrence of the event out of which the claims arise; (b) in the case of persons carried by reason of a contract of employment, 601,801 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 45 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601801:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 92 liability in respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the motor vehicle at the time of the occurrence of the event out of which the claims arise; (c) in the case of a relative of the person using the vehicle at the time with the person so using the vehicle as a member of his or her family, liability in respect of the death of or injury; or (d) any contractual liability.
(3) Such policy shall not be required to cover liability in excess of $4,000 for any claim made by or in respect of any passenger in the motor vehicle to which the policy relates or in excess of $40,000 for all claims made by or in respect of such passengers.

(4) The amount speciﬁed shall be inclusive of all costs incidental to any claim or claims.
(5) Where any payment is made, whether or not with an admission of liability, by an approved insurer under or in consequence of a policy issued under the provisions of this Act in respect of the death or bodily injury to any persons arising out of the use of the motor vehicle and the person who has so died or received bodily injury has, to the knowledge of the approved insurer, received treatment at a hospital, whether as an in-patient or out-patient, in respect of the injury there shall be also paid by the approved insurer to such hospital the expenses reasonably incurred by such hospital in giving such treatment after deducting any monies actually received by such hospital in payment of a speciﬁc charge for such treatment: Provided that the amount to be paid by the approved insurer shall not exceed $500 for each person so treated as an in-patient and $100 for each person so treated as an out-patient.
[subs (5) am Act 58 of 2016 s 5, opn 23 Dec 2016] (6) An approved insurer issuing a policy of insurance under this Act, shall be liable to indemnify the persons or classes of person speciﬁed in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of person.
[subs (6) am Act 58 of 2016 s 5, opn 23 Dec 2016] (7) A policy shall be of no effect for the purposes of this Act, unless and until there is delivered by the approved insurer to the person by whom the policy in this Act referred to as a “certiﬁcate of is effected a certiﬁcate, insurance” containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.
[subs (7) am Act 58 of 2016 s 5, opn 23 Dec 2016] Payments and insurance in respect of emergency treatment treatment or examination is immediately (1) Where medical or surgical required as a result of bodily injury, including fatalities, caused by, or arising out of, the use of a motor vehicle and the treatment or examination so required, emergency treatment is effected by a registered health practitioner, the person who was using the vehicle at the time of the event out of which the bodily injury arose shall, on a claim being made in accordance with the provisions of this Act, pay to the practitioner or, where emergency treatment is effected by more than one practitioner, to the practitioner by whom it is ﬁrst effected: 93 Service 1 601,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 46 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601802:: bwservice::1:: s 94 MOTOR TRAFFIC ACT 2014 94 (a) a fee of $10 in respect of each person in whose case the emergency treatment is effected by him or her; and (b) a sum, in respect of any distance in excess of one mile which he or she shall cover in order to proceed from the place where he or she is summoned to the place where the emergency treatment is carried out by him or her and to return to the ﬁrst mentioned place, equal to ﬁfty cents for every mile of that distance.
(2) Where emergency treatment is ﬁrst effected in a hospital the provisions of subsection (1) with respect to the payment of a fee shall, so far as applicable, have effect with the substitution of references to the hospital for references to a registered health practitioner.
(3) Where the event out of which it arises was caused by the wrongful act of another person, liability incurred under this Act by the person using a vehicle shall, be treated for the purposes of any claim to recover damage by reason of that wrongful act as damage sustained by the person using the vehicle.
In Section 92(1)(b), the reference to liability in respect of death or bodily injury shall be deemed to include a reference to liability to make a payment under this Section in respect of emergency treatment required as a result of bodily injury, and the provisos to that paragraph shall not have effect as regards liability to make a payment under this Section.
(4) Provisions as to claims and supplementary provisions as to, payments for emergency treatment (1) A police officer shall, if so requested by a person who alleges that he or she is entitled to claim a payment under Section 93 furnish to that person any information at the disposal of the officer as to the identiﬁcation marks of any motor vehicle which that person alleges to be a vehicle out of the use of which the bodily injury arose, and as to the identity and address of the person who was using the vehicle at the time out of which it arose.
(2) A claim for a payment under Section 93, shall be made at the time when the emergency treatment is effected, by oral request to the person who was using the vehicle and, if not so made, shall be made by request in writing served on him or her within 7 days from the day on which the emergency treatment was effected: Provided that failure to make such written request within such period aforesaid shall not be a bar to a claim under this Section where the name or address of the person using the vehicle could not be ascertained by the claimant or executive officer of the hospital within such period by the use of reasonable diligence.
(3) A request in writing shall be made by the claimant, or in the case of a hospital, by an executive officer, and shall state the name and address of the claimant, the circumstances in which the emergency treatment was effected, and that it was ﬁrst effected by the claimant, or in the case of a hospital, in the hospital.
(4) A request in writing may be served by delivering it to the person who was using the vehicle, or by sending it in a pre-paid registered letter addressed to him or her at his or her usual or last known address.
601,803 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 47 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601803:: bwservice::1:: 95 96 LAWS OF THE REPUBLIC OF NAURU s 94 (5) A sum payable under Section 93 shall be recoverable as if it were a simple contract debt due from the person who was using the vehicle to the practitioner or the hospital.
(6) A payment made under Section 93 to a practitioner or hospital shall operate as a discharge, to the extent of the amount paid, of any liability of the person who was using the vehicle, or of any other person, to pay any sum in respect of the expenses or remuneration of the practitioner or hospital of or for effecting the emergency treatment.

(7) A payment under Section 93 shall not be deemed to be a payment by an approved insurer for the purposes of Section 92(2).
[subs (7) am Act 58 of 2016 s 5, opn 23 Dec 2016] Certain conditions of policies to be of no effect Any condition in a policy issued for the purposes of this Act, providing that no liability shall arise under the policy or that any liability so arising shall cease, in the event of some speciﬁed thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy, shall be of no effect in connection with such liabilities as are required to be covered under this Act: Provided that nothing in this Act shall be so construed as to render void any provision in a policy requiring the person insured to repay to the insurer any sums which the insurer may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of the third parties.
[s 95 am Act 58 of 2016 s 5, opn 23 Dec 2016] Avoidance of restrictions on the scope of policies covering third party risks Where a certiﬁcate of insurance has been delivered under the provisions of Section 92(7) to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the person insured thereby in respect of any of the following matters: (a) the age of physical or mental condition of persons driving the motor vehicle; (b) the condition of the motor vehicle; (c) the number of persons that the motor vehicle carries; (d) the weight or physical characteristics of the goods that the motor vehicle carries; (e) the times at which or the areas within which the motor vehicle is used; (f) the horse power or value of the motor vehicle; (g) the carrying on the motor vehicle of any particular apparatus; or (h) the carrying on the motor vehicle of any particular means of identiﬁcation other than any means of identiﬁcation required to be carried under the provisions of the Act shall, in respect of such liabilities as are required to be covered under this Act, to be of no effect: Provided that nothing in this Section shall require an approved insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability and any sum paid by an approved insurer in or towards the discharge of the liability of any person which is covered by the policy by virtue only of this Section shall be recoverable by the approved insurer from that person.
[s 96 am Act 58 of 2016 s 5, opn 23 Dec 2016] Service 1 601,804 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 48 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601804:: bwservice::1:: s 97 97 MOTOR TRAFFIC ACT 2014 Duty of insurer to satisfy judgments against persons insured in respect of third party risks (1) If, after a certiﬁcate of insurance has been delivered under the provisions of Section 92(7) to the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under the provisions of Section 92(1)(b), being a liability covered by the terms of the policy, is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this Section, pay to the persons entitled to the beneﬁt of such judgment any sum payable in respect of the liability, including any amount payable in respect of costs and any sum payable by virtue of any written law in respect of interest on that sum.
[subs (1) am Act 58 of 2016 s 5, opn 23 Dec 2016] (2) No sum shall be payable by an approved insurer under the provisions of subsection (1): (a) in respect of any judgment unless before, or within 7 days after the commencement of the proceedings in which the judgment was given, the insurer has notice of the bringing of the proceedings; (b) in respect of any judgment so long as execution is stayed pending an appeal; or (c) in connection with any liability if, before the happening of the event which was the cause of the death or bodily injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue of any provisions contained therein and either: (i) before the happening of such event, the certiﬁcate of insurance was surrendered to the insurer or the person to whom the certiﬁcate of insurance was delivered made a statutory declaration stating that the certiﬁcate of insurance had been lost or destroyed and so could not be surrendered; (ii) after the happening of such event but before the expiration of 14 days from the taking effect of the cancellation of the policy, the certiﬁcate of insurance was surrendered to the insurer or the person to whom the certiﬁcate of insurance was delivered made a statutory declaration that the certiﬁcate of insurance had been lost or destroyed and so could not be surrendered; or (iii) either before or after the happening of the event but within a period of 14 days from the taking effect of the cancellation of the policy, the insurer had commenced proceedings under this Act in respect of the failure to surrender the certiﬁcate of insurance.
[subs (2) am Act 58 of 2016 s 5, opn 23 Dec 2016] (3) No sum shall be payable by an approved insurer under the provisions of this Act if, in an action commenced before or within 3 months after the commencement of the proceedings in which the judgment was given, the insurer has obtained a declaration that, apart from any provision contained in the policy, the insurer is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in a material particular or if the company has avoided the policy on the ground that it was entitled to do so apart from any provision contained in it: 601,805 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 49 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601805:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 97 Provided that an insurer which has obtained such a declaration in an action shall not thereby be entitled to the beneﬁt of the provisions of this subsection in respect of any judgment obtained in any proceedings commenced before the commencement of that action unless, before or within 7 days after the commencement of that action, it has given notice to the person who is plaintiff in the action under the policy specifying the non-disclosure or false representation on which it proposes to rely and that it intends to seek a declaration and any person to whom notice of such action is given may, if he or she desires, be made a party thereto.
[subs (3) am Act 58 of 2016 s 5, opn 23 Dec 2016] (4) If the amount which an approved insurer, under the provisions of this Section, becomes liable to pay in respect of the liability of a person insured by a policy exceeds the amount for which it would, apart from the provisions of this Section, be liable to pay under the policy in respect of that liability, it shall be entitled to recover the excess from that person.
[subs (4) am Act 58 of 2016 s 5, opn 23 Dec 2016] (5) In this Section: ‘liability covered by, the terms of the policy’ means a liability which is covered by the policy or which would be so covered were it not that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy; and ‘material’ means of such a nature as to inﬂuence the judgment of a prudent insurer in determining whether he or she will accept the risk and if so at what premium and on what conditions.
[subs (5) am Act 58 of 2016 s 5, opn 23 Dec 2016] [Title am Act 58 of 2016 s 5, opn 23 Dec 2016] 98 Rights of third parties against insurance companies (1) Where, under a policy issued for the purposes of this Act, a person, hereinafter referred to as “the insured”, is insured against liabilities to third parties which he or she may incur, then: (a) in the event of the insured becoming bankrupt or making a composition or arrangement with his or her creditors; or (b) in the event of the insured being a corporation and a winding-up order being made or a resolution for the voluntary winding-up of the corporation being passed in respect of the corporation or a receiver or manager of the corporation’s business or undertaking being duly appointed or in the event of possession being taken by or on behalf of the holders of any debentures secured by a ﬂoating charge, of any property comprised in or subject to the charge, if, either before or after either event, any such liability is incurred by the insured, his or her rights against the insurer under the policy in respect of that liability shall, notwithstanding anything in any written law to the contrary contained, be transferred to and vest in the third party to whom the liability was so incurred.
[subs (1) am Act 58 of 2016 s 5, opn 23 Dec 2016] (2) Where, under the provisions of any written law, an order is made for the administration in bankruptcy of the estate of a deceased debtor, then, if any debt which may be proved in bankruptcy is owing by the deceased in Service 1 601,806 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 50 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601806:: bwservice::1:: s 99 MOTOR TRAFFIC ACT 2014 respect of a liability against which he or she was insured under a policy issued for the purposes of this Act as being a liability to a third party, the insurer under the policy shall, rights of the deceased debtor against notwithstanding anything in any written law to the contrary contained, be transferred to and vest in the person to whom the debt is owed.
[subs (2) am Act 58 of 2016 s 5, opn 23 Dec 2016] (3) Any condition in a policy issued for the purposes of this Act purporting directly or indirectly to avoid the policy or to alter the rights of the parties upon the happening of any of the events speciﬁed in subsections (1) and (2), shall be of no effect.
(4) Upon a transfer of rights under subsection (1) or (2), the insurer shall, subject to the provisions of Section 108, be under the same liability to the third party as it would have been under the insured save that: (a) if the liability of the insurer to the insured exceeds the liability of the insured to the third party, nothing in this Act shall affect the rights of the insured against the insurer in respect of such excess; and (b) if the liability of the insurer to the insured is less than the liability of the insured to the third party, nothing in this Act shall affect the rights of the third party against the insured in respect of the balance.
[subs (4) am Act 58 of 2016 s 5, opn 23 Dec 2016] (5) This Section and Sections 100 and 101 shall not apply where a corporation is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another corporation.
(6) For the purposes of this Section and Sections 100 and 101, the expression “liabilities to third parties”, in relation to a person insured under a policy of insurance, shall not include any liability of that person in the capacity of insurer under some other policy of insurance.
Duty to give information to third parties (1) A person against whom a claim is made in respect of any liability required to be covered by a policy under the provisions of this Act shall, on demand by or on behalf of the person making such a claim, state whether or not he or she was insured in respect of that liability by any policy having effect for the purposes of this Act or would have been so insured if the insurer had not cancelled or avoided the policy and, if he or she were or would have been so insured, give such particulars with regard to that policy as were speciﬁed in the certiﬁcate of insurance issued to him or her.
[subs (1) am Act 58 of 2016 s 5, opn 23 Dec 2016] (2) In the event of any person becoming bankrupt or making a composition or arrangement with his or her creditors or in the event of an order being made under the provisions of any law relating to bankruptcy in respect of the estate of any person or in case of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any corporation or of a receiver or manager of the corporation’s business or undertaking being duly appointed or of possession being taken, by or on behalf of the holders of any debentures secured by a ﬂoating charge, of any property comprised in or subject to the charge, it shall be the duty of the bankrupt debtor, personal representative of the deceased debtor and, as the case may be, of the official assignee, trustee, liquidator, receiver, manager, or person in possession of the property to give, at the request of any person 601,807 Service 1 99 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 51 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601807:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 99 claiming in respect of a liability to him or her, such information as may reasonably be required to ascertain whether any rights have been transferred to and vested in him or her under the provisions of this Act, and for the purpose of enforcing such rights, and any contract of insurance, in so far as it purports either directly or indirectly to avoid the contract or to alter the rights of the parties upon the giving of any such information or otherwise to prohibit, prevent or limit the giving of such information, shall be of no effect.
If the information given to any person in pursuance of the provisions of subsection (2) discloses reasonable grounds of belief that rights have or may have been transferred to him or her under the provisions of this Act against any particular insurer, that insurer shall be subject to the same duty as is imposed by the provisions of subsection (2) on the persons therein mentioned.
(3) [subs (3) am Act 58 of 2016 s 5, opn 23 Dec 2016] (4) The duty imposed by this Section to give information shall include a duty to allow all contracts of insurance, receipts for premiums and other relevant documents in the possession, power or control of the person on whom the duty is so imposed to be inspected and copies of it to be taken.
(5) A person who, without reasonable excuse, the onus of proving which shall be upon him or her, fails to comply with the provisions of this Act or who wilfully or negligently makes any false or misleading statement in reply to a demand for information, is guilty of an offence.
Certain settlements between insurer and insured to be of no effect Where a person who is insured under a policy issued for the purposes of this Act has become bankrupt or where such insured person being a corporation, a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to that corporation no agreement made between the insurer and the insured after liability has been incurred to a third party and after the commencement of the bankruptcy or the winding-up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured after such commencement shall be effective to defeat or affect the rights transferred to or vested in the third party under the provisions of this Act and such rights shall be the same as if no such agreement, waiver, assignment, disposition or payment has been made.
[s 100 am Act 58 of 2016 s 5, opn 23 Dec 2016] Bankruptcy, etc, of insured persons not to affect certain claims (1) Where, under the provisions of this Act a certiﬁcate of insurance has been delivered to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any of the events speciﬁed in Section 98(1) or (2), notwithstanding anything in this Act contained, shall not affect any such liability of that person as is required to be covered by a policy under the provisions of this Act but nothing in this Section shall affect any rights against the insurer conferred under the provisions of Sections 99, 100 and of this Section on the person by whom the liability was incurred.
100 101 Service 1 601,808 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 52 Date: 30/8/2022 Time: 17:30:29 bwpageid:: 601808:: bwservice::1:: s 103 MOTOR TRAFFIC ACT 2014 102 103 (2) A policy issued under the provisions of this Act shall remain in force and available for third parties notwithstanding the death of any person insured under such policy as if such insured person were still alive.
Owner to give insurer notice of all accidents affecting motor vehicles and of consequent actions (1) On the occurrence of any accident affecting a motor vehicle and resulting in the death of or personal injury to any person, it shall be the duty of the owner, immediately after such accident, or, if the owner was not using the motor vehicle at the time of the accident, it shall be the duty of the person who was so using the vehicle, immediately after the accident, and of the owner, as soon as he or she ﬁrst becomes aware of the accident, to notify the insurer of the fact of the accident, with particulars as to the date, nature, and circumstances, and to give all such other information and to take all such steps as the insurer may reasonably require in relation to, whether or not any claims have actually been made against the owner or such other person on account of such accident.
[subs (1) am Act 58 of 2016 s 5, opn 23 Dec 2016] (2) Notice of every claim or action brought against the owner or made or brought against any other person who was using the vehicle at the time on account of any such accident, shall be immediately given to the insurer with such particulars as such company may require, in the former case, by the owner and, in the latter case, by such other person and, where he or she has knowledge of claim or action, also by the owner.
[subs (2) am Act 58 of 2016 s 5, opn 23 Dec 2016] (3) Neither the owner nor any other person shall, without the written consent of the insurer, enter upon or incur the expense of litigation as to any matter or thing in respect of which he or she is indemniﬁed by a contract of insurance under this Act, nor shall he or she, without such consent, make any offer, promise, payment, or settlement, or any admission of liability as to any such matter.
[subs (3) am Act 58 of 2016 s 5, opn 23 Dec 2016] (4) Where the owner or such other person fails to give any notice or otherwise fails to comply with the requirements of this Section in respect of any matter, the insurer shall be entitled to recover from him or her as a debt due to it an amount, equal to the total amount including costs, paid by the insurer in respect of any claim in relation to such matter.
[subs (4) am Act 58 of 2016 s 5, opn 23 Dec 2016] [Title am Act 58 of 2016 s 5, opn 23 Dec 2016] Insurer may settle claims (1) An approved insurer party to a contract of insurance under this Act may, for the purposes of such contract, undertake the settlement of any claim against the owner or any other person indemniﬁed by a contract of insurance under this Act and may take over, during such period as it thinks proper, the conduct and control on behalf of the owner or such other person of any proceedings taken or had to enforce any such claim or for the settlement of any question arising with reference thereto, and may defend or conduct such proceedings in the name of the owner or such other person and on his 601,809 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 53 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 601809:: bwservice::1:: 104 105 106 LAWS OF THE REPUBLIC OF NAURU s 103 or her behalf and shall indemnify the owner or such other person against all costs and expenses of and incidental to any such proceedings while the company retains the conduct and control of it.
(2) The owner and such other person shall sign all such warrants and authorities as the company may require for the purpose of enabling the company to have the conduct and control of any such proceedings.
[s 103 am Act 58 of 2016 s 5, opn 23 Dec 2016] Proceedings may be stayed on refusal or neglect to allow medical examination In any case where: (a) an action has been brought in any court by any person for the recovery of damages in respect of bodily injury caused by or arising out of the use of a motor vehicle against the owner or driver of such vehicle; and (b) the court is satisﬁed that there has, whether before or after action brought, been a refusal or neglect without reasonable cause to allow a medical examination of such person after a request on reasonable terms by such owner or driver that such person should be examined, for the purpose of the ascertainment of the nature and extent of the bodily injury sustained by such person, by a registered health practitioner nominated by such owner or driver, as the case may be, the court may make an order on such terms as seem proper that all further proceedings in such action shall be stayed, and the same shall be stayed accordingly.
Surrender of certiﬁcate of insurance on cancellation of policy Where a certiﬁcate of insurance has been delivered under the provisions of this Act to the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom such certiﬁcate was delivered shall, within 7 days from the taking effect of the cancellation of such policy, surrender such certiﬁcate to the insurer or, if such certiﬁcate has been lost or destroyed, make a statutory declaration to that effect and any person contravening the provisions of this Act, is guilty of an offence.
[s 105 am Act 58 of 2016 s 5, opn 23 Dec 2016] Certiﬁcates to be produced (1) A person driving a motor vehicle on a road shall, on being so required by a police officer, give his or her name and address and the name and address of the owner of the motor vehicle and produce the certiﬁcate of insurance and any person contravening the provisions of this Section, shall be guilty of an offence: Provided that if such person, within 5 days after the date on which the production of the certiﬁcate was so required, produces the certiﬁcate at such police station as may have been speciﬁed by him or her at the time its production was required, he or she shall not be convicted of an offence under this Section by reason only of failure to produce the certiﬁcate to the police officer.
In any case where, owing to the presence of a motor vehicle on a road, and (2) Service 1 601,810 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 54 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 601810:: bwservice::1:: s 108 MOTOR TRAFFIC ACT 2014 107 108 an accident occurs involving bodily injury to any person, the driver of the motor vehicle shall produce the certiﬁcate of insurance to a police officer or to any person having reasonable grounds for requiring its production and, if any such driver, for any reason, fails so to produce the certiﬁcate of insurance, he or she shall, as soon as possible, and in any case within 5 days of the occurrence, report the accident and produce the certiﬁcate of insurance to the police station nearest to the scene of the accident or to the nearest administrative officer and any person contravening the provisions of this subsection.
In this Section, “to produce the certiﬁcate of insurance” means to produce for examination the relevant certiﬁcate of insurance or such other evidence as may be prescribed that the motor vehicle was not being driven in contravention of the provisions of this Act.
(3) Duty of owner An owner of a motor vehicle shall give such information as may be required by a police officer for the purpose of determining whether the motor vehicle was or was not being driven in contravention of the provisions of this Act on any occasion on which the driver was required to produce the certiﬁcate and any owner failing to do so shall be guilty of an offence against this Act.
False statements and falsiﬁcation (1) Where any person, for the purpose of obtaining an insurance policy or a certiﬁcate of insurance under the provisions of this Act, makes any statement either oral or written which is false or misleading or withholds any material information, such person shall, unless he or she proves to the satisfaction of the court that he or she acted without any intent to deceive, be guilty of an offence against this Act and upon conviction is liable, to a ﬁne of $1,000 or to imprisonment for 2 years or to both.
(2) A person who with intent to deceive: (a) forges, alters, defaces or mutilates any certiﬁcate of insurance or any other certiﬁcate or document issued under this Act; (b) uses or allows to be used by any other person any forged, altered, defaced or mutilated certiﬁcate of insurance or document issued under this Act; (c) lends to or borrows from any other person a certiﬁcate of insurance or any other certiﬁcate or document issued under the provisions of this Act; (d) makes or has in his or her possession any document so closely resembling any certiﬁcate or documents issued under the provisions of this Act as to be calculated to deceive; or (e) issues any certiﬁcate of insurance or other certiﬁcate or document to be issued under the provisions of this Act, commits an offence and liable to pay a ﬁne of $1,000 or to imprisonment for 2 years or to both such ﬁne and imprisonment.
(3) Where any police officer has reasonable cause to believe that any certiﬁcate of insurance or any other certiﬁcate or document produced to him or her in pursuance of the provisions of this Act by the driver or owner of a motor vehicle is a document in relation to which an offence under this Section has 601,811 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 55 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 601811:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 108 been committed, he or she may seize the document and, when any such document is so seized, the driver and the owner of such motor vehicle or either of them shall, if neither of them has been charged with an offence under the provisions of this Section be summoned before a magistrate to account for the possession of or the presence of the motor vehicle of the said document and the magistrate may make such order respecting the disposal of the document and award such costs as he or she may deem just.
109 110 Reference to certiﬁcate deemed to be reference to certiﬁcates where more than one issued In this Act references to a certiﬁcate of insurance in any provisions relating to the surrender or loss or destruction of a certiﬁcate shall, in relation to policies under which more than one certiﬁcate is issued, be construed as reference to all or any such certiﬁcates and shall, where any copy of a certiﬁcate has been issued, be construed as including a reference to such copy.
Passengers for hire not to contract themselves out of beneﬁts conferred by this Act In any action brought against the owner of a motor vehicle or any other person indemniﬁed under a policy of insurance under or for the purposes of this Act in respect of an accident causing the death of or serious injury to any person being, at the time of the accident, a passenger for hire in such vehicle, it shall not be a defence that the contract of carriage had excluded or modiﬁed the liability of the owner or of any other person to pay damages in respect of accidents due to the negligence or wilful default of the owner, his or her servants or agents.
111 Prohibition against soliciting for authority to make claims and commence actions, etc (1) No person shall directly or indirectly for personal gain: (a) solicit instructions or authority to act on behalf of any other person in respect of the making or commencement of any claim or action for damages for the death of or bodily injury to any person arising out of the use of a motor vehicle or in respect of the negotiation, compromise or settlement of such claim or, action; or (b) on behalf of any other person make or commence or cause to be made or commenced any claim or action for such damages aforesaid or negotiate, settle or compromise any such claim or action when made or commenced, and a person in contravention of this subsection commits an offence and is liable to pay a ﬁne of $1,000 or to imprisonment for 2 years or to both.
(2) Subsection (1) (b) shall not apply to any legal practitioner properly acting in the course of his or her profession.

(3) An agreement to pay to any person who contravenes any of the provisions of subsection (1), any money for work done for services rendered in respect of the matters referred to in such subsection shall be void and any money so paid shall be recoverable by action brought in any court of competent jurisdiction by the person who has paid it.
Service 1 601,812 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 56 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 601812:: bwservice::1:: s 113 112 113 MOTOR TRAFFIC ACT 2014 Applicant for vehicle licence to produce evidence of necessary insurance Notwithstanding the provisions of any other written law for the time being in force, a person applying for a vehicle licence or a renewal may be required to produce evidence to the satisfaction of the licencing authority that, on the date when the licence comes into operation, there will be in force the necessary policy of insurance in relation to the use of the vehicle by the applicant or by other persons on his or her order or with his or her permission.
Appeal against refusal to issue or against cancellation of policy (1) Where an approved insurer refuses to issue to any person a policy of insurance covering such liabilities as are required to be covered by this Act or gives notice of intention to cancel such a policy, the person applying for the policy, or the policy-holder, as the case may be, may appeal within 30 days of the date upon which he or she received notice of such refusal or intention to a Resident Magistrate and, on any such appeal, the court may dismiss the appeal or may order that such a policy be issued by the company upon payment of a premium of the amount speciﬁed in the order, or that the notice of intended cancellation of the policy be withdrawn upon payment of such additional amount, if any, as may be speciﬁed in the order by way of additional premium and the court may make such order as to costs as it thinks ﬁt.
[subs (1) am Act 58 of 2016 s 5, opn 23 Dec 2016] (2) Where an order is made by a court under the provisions of subsection (1) directing an insurer to issue a policy of insurance or to cancel a notiﬁcation of cancellation, that company shall act accordingly.
[subs (2) am Act 58 of 2016 s 5, opn 23 Dec 2016] 601,813 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 57 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 601813:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU [The next page is 602,001] Service 1 601,814 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 58 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 601814:: bwservice::1:: PART 8 — POWERS OF THE POLICE 114 Police powers of arrest For the purpose of this Act, a police officer may arrest without warrant any person whom the police officer has reasonable cause to believe is: (a) driving or attempting to drive a motor vehicle without a driver’s licence or has had his or her driver’s licence cancelled or suspended; (b) contravening the provisions of this Act dealing with driving under the inﬂuence of alcohol or drugs; (c) responsible for the death of a person due to dangerous driving; or (d) obstructing a police officer or any other person carrying out his or her duties pursuant to this Act.
115 Power to control traffic or parking (1) A police officer may, for the purposes of traffic control: (a) direct a driver to move his or her motor vehicle from the place where it is standing and: (i) remove the motor vehicle from the vicinity; or (ii) proceed to an adjacent portion of the street, or of a neighbouring street, indicated by the police officer; (b) give directions to the driver of a motor vehicle as to the: (i) manner of approaching or departing from a place; (ii) manner of picking up or discharging of passengers or loading or unloading of goods at a place; or (iii) parking of motor vehicles; (c) seize and remove to an impound facility a motor vehicle or trailer: (i) where the motor vehicle or trailer is involved in an accident, for the purpose of having it or any portion of it examined, or for production as an exhibit in any proceedings under this Act; (ii) where it is parked contrary to a parking offence provision; (iii) where it is left on the public street for a period exceeding 12 hours and is in the opinion of the police officer abandoned; (iv) where the motor vehicle or trailer is in, or left in, a position that in the opinion of the police officer is hazardous or dangerous to other road users or the public; (v) where, in the opinion of the police officer, the motor vehicle or trailer is in, or left in, a public street, in such a position as to obstruct or partially obstruct access to or exit from, any property that is adjacent to a public street; or (vi) where the police officer has reasonable cause to suspect that the vehicle is not registered or has breached any other provision of this Act or the Regulations; (d) give to a person on a public street such directions as are necessary for regulating traffic including the forming of a line; 602,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 59 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 602001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 115 (e) where the police officer ﬁnds a person loitering on a public street and the police
 officer is of the opinion that the presence of the person in the public street may interfere with the free ﬂow of traffic, request or direct that person to move on; and (f) give directions, including a direction to stop, to the driver or person in charge or owner of a vehicle whom the police officer ﬁnds committing an offence under this Act or any regulations, relating to that vehicle or otherwise, or whom the police officer reasonably believes to have committed such an offence.
(2) A police officer may require the driver of a motor vehicle to stop and remain stationary so that the officer may examine the vehicle.

(3) A police or authorised officer may take all reasonable measures, including entering locked or secured vehicles, for the purpose of enforcing the provisions of this Act.
[subs (3) renum Act 6 of 2015 s 3 and Sch item [5], opn 24 Mar 2015] (4) A police or authorised officer shall not be held liable for any damage to or loss of any item from a motor vehicle during its seizure and removal in accordance with subsection (1) (c).

[subs (4) renum and am Act 6 of 2015 s 3 and Sch item [5], opn 24 Mar 2015] (5) A person who disobeys a direction given under this Section, commits an offence and is liable on conviction to the prescribed penalty.
[subs (5) renum Act 6 of 2015 s 3 and Sch item [5], opn 24 Mar 2015] Impounded vehicles (1) Where a motor vehicle has been impounded by the police under Section 115, the owner of the vehicle is liable to pay all costs for its removal from the impound area.

(2) Payment of an impound fee shall be made at the Nauru Revenue Office but payment of such a fee does not remove any other liability created by this Act.
(3) Where a motor vehicle has been impounded under Section 115, the owner shall: (a) be issued with a notice for payment after 30 days and then after 45 days of the vehicle being impounded; and (b) if the owner of the motor vehicle fails to pay the necessary amount to have his or her vehicle released, the police shall dispose of the vehicle by auction or public tender.
(4) Where a sale of a motor vehicle under this Section provides a greater amount than is necessary to defray the expenses of the removal and impounding of the vehicle or trailer, the balance shall be held for 3 months and if not claimed by the owner within that period shall be paid into the funds of the Republic.
116 117 Traffic Infringement Notices (1) A police officer or an authorised officer may issue a Traffic Infringement Notice to a person who commits an offence under this Act that attracts a ﬁne not exceeding $500.
(2) The Cabinet may make regulations prescribing the: Service 0 602,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 60 Date: 30/8/2022 Time: 17:30:30 bwpageid:: 602002:: bwservice::0:: s 118 MOTOR TRAFFIC ACT 2014 (a) offences for which ﬁxed penalties shall be imposed; (b) penalties for each corresponding prescribed ﬁxed penalty offences; (c) Traffic Infringement Notice which a police officer or authorised officer may serve to an offender for an offence for which a ﬁxed penalty is prescribed; (d) a time frame for the payment of prescribed ﬁxed penalty; (e) procedure for the prosecution of and additional penalties to be imposed by the court on offenders defaulting to pay prescribed penalty in accordance with the Traffic Infringement Notice; (f) procedures for dealing with Traffic Infringement Notices; and (g) any other matters in relation to the effective enforcement of the Traffic Infringement Notices.
[s 117 subst Act 6 of 2018 s 6, opn 6 Mar 2018] 118 Proceedings for Traffic Infringement Notices (1) Despite the other requirements of this Part, a police officer or authorised in respect of the alleged officer may institute proceedings in court commission of a prescribed offence: (a) by serving personally upon the person alleged by him or her to have committed the offence set out in the Traffic Infringement Notice; or (b) where the presence, at any time or for any period of time, of a motor vehicle in a place is evidence of the commission of the offence, by affixing a Traffic Infringement Notice to the vehicle in a conspicuous position.
[subs (1) subst Act 6 of 2018 s 7, opn 6 Mar 2018] (2) A Traffic Infringement Notice shall comply with the following requirements: (a) the notice shall require the person to whom it is addressed to attend court at the place, date and time, not being less than 28 days from the date of the notice, speciﬁed in the notice unless: (i) not later than 21 days after the date of the notice payment has been made, as speciﬁed in the Notice, of the ﬁxed penalty applicable in relation to the offence charged; or (ii) a legal practitioner appears on behalf of the person; (b) if the notice is affixed to a motor vehicle pursuant to subsection (1)(b), the notice shall be issued by reference to the registered number of the vehicle; and (c) the notice shall bear the date on which it was served on the person charged, or affixed to the motor vehicle to which the charge relates, as the case requires.
(3) A Traffic Infringement Notice shall not be served upon a person, or affixed to a motor vehicle, more than 14 days after the day on which the offence is alleged to have been committed.

(4) The police officer or authorised officer who issues a Traffic Infringement Notice shall cause a signed copy of the notice to be placed before the Revenue Office, court and Registrar as speciﬁed in the notice not later than 7 days after the notice is issued.
[subs (4) subst Act 6 of 2018 s 7, opn 6 Mar 2018] (5) Nothing in this Section shall be taken to prevent proceedings under any other provision of this Act.
the institution of 602,003 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 61 Date: 30/8/2022 Time: 17:30:31 bwpageid:: 602003:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU s 118 (6) A person who is issued Traffic Infringement Notice on the spot by a police officer or authorised officer shall accept such Traffic Infringement Notice by signing for the service of the Traffic Infringement Notice.
[subs (6) insrt Act 6 of 2018 s 7, opn 6 Mar 2018] (7) A person who does not accept service of a Traffic Infringement Notice under subsection (6), commits an offence and upon conviction is liable to a ﬁne not exceeding $5,000.
[subs (7) insrt Act 6 of 2018 s 7, opn 6 Mar 2018] Acceptance of a Traffic Infringement Notice (1) Where proceedings are instituted by means of serving upon a person or affixing to a motor vehicle of a Traffic Infringement Notice and the notice has been accepted by the payment of the ﬁxed penalty within 21 days of the date of the notice, that acceptance shall be deemed a conviction for the offence in respect of which the Traffic Infringement Notice was issued.
(2) Where proceedings are instituted by means of serving upon a person or the affixing to a motor vehicle a Traffic Infringement Notice and the offence is a second or subsequent offence for which a penalty other than the ﬁxed penalty applies, a summons shall be served on the person within 28 days from the date of the offence, whereby the person shall be required to attend Court and any penalty paid shall be held in credit against any subsequent penalty arising from the offence or refunded as the case may be.
(3) Where a Traffic Infringement Notice served upon a person has not been accepted by payment of the ﬁxed penalty within 21 days of the date of the Traffic Infringement Notice, the notice shall be regarded for all purposes as a summons issued under the Criminal Procedure Act 1972.
Evidence of acceptance of a Traffic Infringement Notice In any proceedings, a certiﬁcate signed by the clerk of the Court or a police officer that the ﬁxed penalty was or was not paid shall, unless the contrary is proved, be conclusive evidence of the matters stated in the certiﬁcate.
Offence to remove a Traffic Infringement Notice (1) Subject to subsection (2), a person who removes or interferes with a Traffic Infringement Notice affixed to a motor vehicle in accordance with Section 119(1)(b), is guilty of an offence and is liable to pay a ﬁne of $500.
It is a defence to a prosecution of a person for an offence under subsection (1) that the person was acting on behalf of: (a) the person to whom the notice was addressed; or (b) the person having immediate lawful charge of the motor vehicle.
(2) Provisions relating to government vehicles (1) For the purposes of Sections 119 and 120, a motor vehicle shall be taken to have been a Government vehicle at the time of the alleged commission of an offence if at that time registration plates, if any, affixed to the vehicle were of the kind required to be affixed to Government vehicles or if at the time the vehicle can be proven to have been rented or leased by the Government for its use.
119 120 121 122 Service 0 602,004 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 62 Date: 30/8/2022 Time: 17:30:31 bwpageid:: 602004:: bwservice::0:: s 122 MOTOR TRAFFIC ACT 2014 (2) In regards to police vehicles, the provisions of this Act will not apply to a police vehicle if: (a) in the circumstances: (i) the driver is taking reasonable care; and (ii) it is reasonable that the provision should not apply; and (b) in the case of a motor vehicle that is moving, the vehicle is displaying a blue or red ﬂashing light or sounding an alarm.
(3) Subsection (2)(b) does not apply to the driver if, in the circumstances, it is reasonable: (a) not to display the light or sound the alarm; or (b) for the vehicle not to be ﬁtted or equipped with a blue or red ﬂashing light or an alarm.
602,005 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 63 Date: 30/8/2022 Time: 17:30:31 bwpageid:: 602005:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 602,201] Service 0 602,006 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 64 Date: 30/8/2022 Time: 17:30:31 bwpageid:: 602006:: bwservice::0:: 123 124 125 126 127 PART 9 — MISCELLANEOUS Inspections The Registrar may, at any time, by notice in writing, direct that a registered motor vehicle shall be produced by the owner for inspection at the time and place speciﬁed in the notice.
Records (1) Particulars of the registration of motor vehicles and of the grant of certiﬁcates of registration and licences shall be recorded at the office of the Registrar.
(2) An extract from, or copy of, any entry contained in the record, certiﬁed by the Registrar, shall, in all courts and upon all occasions, be received as evidence and deemed sufficient proof of all particulars contained in that entry without requiring production of the books, licence, requisition, notice or other documents upon which the entry was founded.
Liabilities existing independently of this Act Nothing in this Act shall affect any liability of any person by virtue of any other written law in force in the Republic.

Application to employees of the Public Service Except where otherwise expressly provided, this Act shall apply to all persons employed within the Public Service.
Evidence In any proceedings under this Act: (a) proof that a motor vehicle has not upon it an identifying number as prescribed in this Act, shall be prima facie evidence that the vehicle is not registered; and (b) proof that a person registered a motor vehicle shall be prima facie evidence that that person is the owner of the vehicle.
127A Fees and ﬁnes Any fee or ﬁne paid or recovered under this Act forms part of the revenue of the Office of the Registrar and may be used as part of the Registrar’s operational budget.

[s 127A insrt Act 41 of 2016 s 7, opn 8 Sep 2016] 128 Recovery of fees, etc The Registrar may, by action in the District Court, recover from the person liable there for any fee or other amount payable under this Act.
128A Restriction on importation of motor vehicles not more than 12 years (1) Where a person intends to import a second-hand motor vehicle, which was manufactured not more than 12 years prior to the intended date of 602,201 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 65 Date: 30/8/2022 Time: 17:30:31 bwpageid:: 602201:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 128A importation into the Republic, such person shall comply with the requirements which may be prescribed from time to time by the Cabinet.
(2) Any motor vehicle imported into the Republic shall comply with the prescribed environmental requirements or any other written law.

(3) A person who fails to comply with the requirements under subsections (1) and (2), commits an offence and upon conviction is liable to a ﬁne not exceeding $10,000 or a term of imprisonment not exceeding 2 years or to both.
(4) Where any motor vehicle is imported in contravention of the provisions of this Act or any other written law, the Registrar may: (a) direct that such a vehicle be re-exported out of the Republic at the cost of the importer; or (b) decline to register such vehicle.
[s 128A subst Act 14 of 2021 s 11, opn 14 Sep 2021] 128B Prohibition on importation of motor vehicles manufactured over 12 years (1) Subject to Section 128C, no person shall import into the Republic any motor vehicle which was manufactured more than 12 years prior to the intended date of importation.

(2) A person who contravenes subsection (1), commits an offence and upon conviction is liable to a ﬁne not exceeding $10,000 or a term of imprisonment not exceeding 2 years or to both.
[s 128B insrt Act 14 of 2021 s 12, opn 14 Sep 2021] 128C Motor vehicles manufactured over 12 years (1) Where a person intends to import a motor vehicle which was manufactured more than 12 years prior to the date of importation into the Republic, he or she shall not purchase or ship such a motor vehicle without the prior approval of the Registrar.

(2) The Cabinet may make regulations for the purposes of subsection (1).
(3) A person who contravenes this Section, commits an offence and upon conviction is liable to a ﬁne not exceeding $10,000 or a term of imprisonment not exceeding 2 years or to both.

[s 128C insrt Act 14 of 2021 s 13, opn 14 Sep 2021] 129 General offence (1) A person who contravenes or fails to comply with any provision of this Act, shall be guilty of an offence.
(2) A person guilty of an offence against this Act for which no penalty is provided shall be liable to a penalty of $500 or to imprisonment for 3 months or to both.
130 Traffic signs (1) The Minister may: (a) cause traffic control signs to be installed upon or adjacent to any public highway; and Service 1 602,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 66 Date: 30/8/2022 Time: 17:30:31 bwpageid:: 602202:: bwservice::1:: s 132 MOTOR TRAFFIC ACT 2014 131 (b) by notice in the Gazette, specify the design and meaning of traffic control signs.
(2) A sign purporting to be a traffic control sign shall, in the absence of evidence to the contrary, be deemed to be a traffic control sign and to have been validly installed.

(3) A person who fails to comply with the directions of a traffic control sign, shall be guilty of an offence.
Transitional Provision (1) All by-laws, regulations, codes, orders, notices, appointments, licences and permits made or issued under the provisions of the repealed Act, shall be deemed to have been made or issued under the corresponding provisions of this Act and shall remain of full force and effect until such time as they are revoked, renewed, extended or amended under this Act.
(2) Any regulations, codes or by-laws made under the provisions of the repealed Act in respect of which there are no corresponding provisions in this Act, shall remain of full force and effect as though they had been made under the authority of this Act until such time as they have been revoked or amended under the provisions of this Section or any other Act and may be amended or revoked under this subsection.
(3) Any appointment or delegation made under the repealed Act before the commencement of this Act continues until the appointment or delegation is revoked under this Act.

(4) Any proceedings instituted or action begun under the repealed Act before the commencement of this Act which has not been determined before the commencement of this Act, continues until determined under the repealed Act.

132 Regulations (1) The Cabinet may make regulations under this Act.
(2) The regulations may provide for: (a) any matter relating to road safety for drivers, passengers and pedestrians; and (b) matters necessary to regulate the use of a motor vehicle by: (i) persons with a handicap; and (ii) the elderly; (c) the administration of breath tests or breath analysis; (d) any matter relating to public service vehicles, including the prescription of: (i) standards of: (A) safety; (B) serviceability; and (ii) the manner and methods by which public service vehicles may ply for hire; and (iii) tariff; (e) fees and the waiver or reduction of fees; (f) matters relating to the class of vehicles, licences and permits including the prescription of new classes, licences and permits; 602,203 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 67 Date: 30/8/2022 Time: 17:30:32 bwpageid:: 602203:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU s 132 (g) matters pertaining to the movement of vehicles or vehicle parts into and out of the Republic; (h) matters relating to documentation and record keeping; (i) number plates or trader’s plates, including the form and dimensions of the plates; (j) matters relating to the impounding of vehicles, including the designation of an impound area; (k) the facilitation of communication with, and awareness of, the public in regards to the provisions of this Act including: (i) the prescription of the manner in which any applications may be lodged and determined; and (ii) the conditions upon which public notice may be required for any provision; (l) matters relating to the environment pursuant to the purpose of this Act; (m) ﬁnes and sentences for offences against the Act and the regulations; and (n) prescribe or amend any forms contained in the Schedules to be used for the purposes of this Act.
[subs (2) am Act 23 of 2020 s 3, opn 23 Oct 2020] (3) The regulations may: (a) be of general application or vary in their application according to prescribed factors; (b) give the Minister and the Registrar discretion to decide a matter; and (c) give the Minister, through Cabinet, the power to amend any part of this Act.
[The next page is 602,401] Service 1 602,204 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 68 Date: 30/8/2022 Time: 17:30:32 bwpageid:: 602204:: bwservice::1:: SCHEDULE 1 MOTOR VEHICLES [Section 65(3)] 1 The frame structure of the motor vehicle shall be sound.

2 The motor vehicle shall be equipped with an accurate speedometer.
3 The motor vehicle (other than a motorcycle) shall be ﬁtted with a front windscreen and an efficient windscreen wiper, unless the Registrar exempts the motor vehicle from the· provisions of this paragraph.

4 The motor vehicle shall be equipped with a rear vision mirror placed so that vehicles approaching from the rear can be clearly seen by the driver.

5 The motor vehicle shall be ﬁtted with tyres free from obvious casing defects and with a clearly deﬁned tread.
6 The motor vehicle shall be capable of being so worked that it may travel either backwards or forwards and be capable of being readily steered.

7 The steering arm and connexions shall be of sufficient length and as far as possible protected from damage by collision.

8 All brakes and steerage connexions shall be secured with bolts, the bolts shall be ﬁtted with nuts, and the nuts shall be locked or pinned.
9 The motor vehicle, if other than a motorcycle, shall have two independent brakes in good working order of sufficient strength so that either of them shall be capable of stopping and holding the vehicle under all conditions, and of such efficiency that the application of either shall cause two wheels upon the same axle to be effectually prevented from revolving, or shall have the same effect in stopping the vehicle as if those wheels were so held.
Each brake shall be as far as possible so affixed as to be capable of easy adjustment and at least one brake shall be so made as to be applied by the foot of the driver.

10 In the case of a motorcycle without a side-car one effective brake capable of stopping and holding the motorcycle shall be deemed sufficient.
11 In the case of a motorcycle with a side-car, the motorcycle and side-car shall have: (a) two independent and efficient brakes, one of which shall be operated by a foot pedal and the other by a hand lever or other appliance for holding the brake in the ‘on’ position; or (b) one efficient brake capable of being held in the ‘on’ position, acting directly on at least two wheels and so arranged that, in the event of failure of any part, there will remain effective braking on at least one wheel.
12 All ﬁttings shall be in such condition as not to be likely to cause annoyance, by bad smell or otherwise, or danger to any person upon the motor vehicle or upon a public highway.

13 The lubrication of the engine and the carburation of the working mixture shall be so controlled that smoke is not projected from the exhaust or from any other part.
602,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 69 Date: 30/8/2022 Time: 17:30:32 bwpageid:: 602401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Sch 1 14 (1) Two lamps shall be suitably affixed on the front of a motor vehicle, other than a motorcycle, and one other lamp shall be suitably affixed on the rear of the vehicle.

(2) A lamp shall be suitably affixed on the front of a motorcycle without a side-car, and one other lamp shall be suitably affixed on the rear of the motorcycle.
In the case of a motorcycle and side-car an additional lamp shall be ﬁxed upon the front of the side-car.

(3) The lamp affixed on the rear of a motorcycle shall be so affixed as to reﬂect upon the rear number-plate.
15 A suitable attachment of a size satisfactory to the Registrar for the purpose of affixing the number plates shall be securely fastened in an approved position at the front and also at the rear of the motor vehicle, and a lamp bracket shall be affixed at the rear of the motor vehicle to hold the rear lamp in such a position as to reﬂect upon the rear number-plate.

The lamp bracket shall be so affixed as not to obscure any portion of the rear number-plate.
16 An efficient horn or other means of alarm shall be attached to the motor vehicle in a convenient position.

17 A motor vehicle shall not exceed 8 feet in width, measured between its extreme projecting points.

18 A motor vehicle shall have an efficient silencer so made and affixed that the exhaust shall be projected through the silencer.
[The next page is 602,601] Service 0 602,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 70 Date: 30/8/2022 Time: 17:30:32 bwpageid:: 602402:: bwservice::0:: SCHEDULE 2 REPUBLIC OF NAURU MOTOR TRAFFIC ACT 2014 [Section 74] EVIDENTIARY CERTIFICATE — SUPPLY SAMPLE [Sch 2 subst Act 6 of 2015 s 3 and Sch item [6], opn 24 Mar 2015] I, a Police Officer of the Nauru Police Force, hereby certify: (1) that I am a person authorised by the Commissioner of Police to operate a breath-analysing instrument; (2) that on the.
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.the defendant was required by me to provide a sample of his/her breath for breath analysis on a breath analysis instrument; (3) that the breath-analysing instrument I used in the course of such analysis was on that day: (a) of a type approved by Cabinet by notice published in the Gazette; (b) an instrument in relation to which regulations made under this Act with respect to breath-analysing instruments were complied with; and (c) in proper working order and properly operated by me in accordance to law; (4) the defendant provided a sample of his/her breath for analysis in accordance with my directions; (5) that the instrument indicated that the percentage of alcohol present in the blood of the defendant was.
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...percent; (6) as soon as practicable after the breath analysis was carried out, I delivered a copy of this certiﬁcate to the defendant.

Dated this...................day of......................................, 20................... Name:......................................
Signed:...................................... AUTHORISED OPERATOR 602,601 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 71 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 602601:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 602,801] Service 0 602,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 72 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 602602:: bwservice::0:: SCHEDULE 3 REPUBLIC OF NAURU MOTOR TRAFFIC ACT 2014 EVIDENTIARY CERTIFICATE — REFUSAL TO SUPPLY SAMPLE [Sch 3 insrt Act 6 of 2015 s 3 and Sch item [7], opn 24 Mar 2015] I, a Police Officer of the Nauru Police Force, hereby certify: (1) that I am a person authorised by the Commissioner of Police to operate a breath-analysing instrument; [Section 74] (2) that on the.
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, (3) that the breath-analysing instrument I used in the course of such analysis was on that day: (a) of a type approved by Cabinet by notice published in the Gazette; (b) an instrument in relation to which regulations made under this Act with respect to breath-analysing instruments were complied with; and (c) in proper working order and properly operated by me in accordance to law; (4) that the defendant refused to provide a sample of his/her breath for analysis in accordance with my directions; (5) as soon as practicable after the breath analysis was carried out, I delivered a copy of this certiﬁcate to the defendant.
Dated this...................day of..................., 20................... Name:......................................
Signed:...................................... AUTHORISED OPERATOR 602,801 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 73 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 602801:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 603,001] Service 0 602,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 74 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 602802:: bwservice::0:: Motor Traffic Regulations 2014 TABLE OF PROVISIONS Regulation Title PART 1 — PRELIMINARY 6A 26 Citation Commencement Repeal Interpretation PART 2 — NUMBER PLATES Number plates Form of number plates Registration labels to be colour coded PART 3 — TRADER’S PLATES Issuing of trader’s plates Use of trader’s plates Cessation or transfer of business Surrender of trader’s plates on demand Non-renewal of trader’s licence Record of use of trader’s plates Furnishing of information to the Registrar PART 4 — TAXIS, RENTAL VEHICLES AND COMMERCIAL VEHICLES Applying for permit Form of application Conditions of permit Validity of permit Offence to operate without permit Permit not transferable Plates to be issued Cessation or transfer of taxi or rental business Surrender of taxi and rental plates on demand Non-renewal of permit Record to be maintained by rental vehicle operator Requirement to make information available PART 5 — FEES Fees 603,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 75 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 603001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU SCHEDULE — FEES Title [The next page is 603,201] Service 0 603,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 76 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 603002:: bwservice::0:: Motor Traffic Regulations 2014 TABLE OF AMENDMENTS The Motor Traffic Regulations 2014 SL 10 were notiﬁed and commenced on 15 September 2014 (GN No 580/2014; Gaz 122/2014).
Amending Legislation Notiﬁed Date of Commencement Motor Traffic (Amendment) Regulations No 1 2014 SL No.

15 Motor Traffic (Amendment) Regulations 2016 SL No.

21 Motor Traffic (Amendment) Regulations 2017 SL No.

7 Motor Traffic (Amendment) Regulations No 2 2017 SL No.

16 Motor Traffic (Amendment) Regulations 2018 SL No.

15 Motor Traffic (Amendment) Regulations 2020 SL No.

18 Motor Traffic (Amendment) Regulations 2021 SL No.
10 16 October 2014 16 October 2014 6 September 2016 6 September 2016 21 March 2017 21 March 2017 2 August 2017 2 August 2017 20 November 2018 20 November 2018 17 July 2020 17 July 2020 17 June 2021 17 June 2021 Revised Written Laws Act 2021 No 7 1 June 2021 Motor Traffic (Amendment) Regulations 2022 SL No.
5 27 May 2022 1 June 2021 27 May 2022 603,201 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 77 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 603201:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU [The next page is 603,401] Service 1 603,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 78 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 603202:: bwservice::1:: The Cabinet makes the following Regulations under the Motor Traffıc Act 2014: 1 2 3 4 PART 1 — PRELIMINARY Citation These Regulations may be cited as the Motor Traffıc Regulations 2014.
Commencement These Regulations commence on the day on which they are published in the Gazette.

Repeal The Registration Labels Regulations 1973, Motor Traffıc (Fees) Regulations 2012 and Motor Traffıc (Fees) (Amendment) Regulations 2014 are hereby repealed.
Interpretation In these Regulations: ‘Act’ unless otherwise stated, means the Motor Traffıc Act 2014; ‘approved garage’ has the same meaning as in the Act; ‘commercial motor vehicle’ means: (a) a container mover and a prime mover (being a motor vehicle built to tow a semi-trailer); (b) a motor vehicle used by a commercial enterprise or business house for the carriage of goods or for the transporting of its employees; or (c) a motor vehicle that is used for a taxi service or a rental service as provided in these Regulations; ‘number plates’ mean one or more metal plates issued by the Registrar recording the unique identifying number assigned to each motor vehicle as provided under Regulation 5; ‘plates’ unless otherwise stated, has the same meaning as number plates; ‘ply for hire’ means to drive a taxi on the road to search for, or be available for, hire; ‘rental service’ means the letting of a motor vehicle for an agreed period on hire or rent for the carriage of passengers or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; ‘rental vehicle operator’ means a person who has been issued with a rental vehicle permit to operate a rental vehicle business; ‘rental vehicle permit’ means a permit that is issued under Regulation 14(b); ‘rental vehicle’ means a vehicle that has been issued with a rental vehicle permit under these Regulations; ‘semi-trailer’ means a trailer that has: (a) one axle group or single axle towards the rear; and 603,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 79 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 603401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 4 (b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover; ‘stand for hire’ means, in the case of a taxi, to be parked ready to accept requests for hire; ‘taxi’ means a passenger motor vehicle which may carry no more than four passengers in addition to the driver and which is licenced to stand and ply for hire as a taxi;
 ‘taxi operator’s permit’ means a permit issued by the Registrar certifying that the motor vehicle is authorised to carry out taxi services; ‘taxi services’ means a business activity consisting of the provision and co-ordination of taxi services to passengers given for hire or reward; and ‘trader plates’ means plates that are issued under Regulation 7 to a trader who has been issued with a motor vehicles trader’s licence under Section 31 of the Act.
[The next page is 603,601] Service 0 603,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 80 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 603402:: bwservice::0:: 5 PART 2 — NUMBER PLATES Number plates (1) The owner of a motor vehicle shall, within 7 days of the motor vehicle being registered, and after payment of the prescribed fee, ﬁrmly affix to the motor vehicle the number plates issued by the approved garage.
(2) Subject to subregulation (6), the number displayed on the plate issued under subregulation (1), shall be the same number issued under Section 13(1)(a) of the Act.

(3) In the case of a motorcycle, trailer or auto rickshaw, it is sufficient for the purposes of the Act that one plate be securely affixed in an upright position on the rear of the vehicle.
(4) In the case of any other kind of motor vehicle, one plate shall be displayed on the front of the motor vehicle and one plate shall be displayed on the rear of the motor vehicle.
(5) For all motor vehicles covered under the Act and these Regulations, it is a requirement that number plates be securely affixed in an upright position and displayed so that the unique identifying number on the plate is easily visible at all times: (a) in the case of the front plate, from the front of the motor vehicle; and (b) in the case of the rear plate, from the rear of the motor vehicle.
(6) A person seeking to affix to his or her vehicle a personalised number plate shall: (a) submit to the Registrar the proposed letters, numbers or combination of both, to be written on the number plate; (b) wait for the approval from the Registrar to be forwarded to the approved garage; and (c) upon approval being granted, pay the prescribed fee under these Regulations.
(7) Where the ﬁgures or letters, or both, on a number-plate, including personalised number plates, are so defaced that they are not easily legible, the owner of the motor vehicle to which the number plate is affixed shall notify the approved garage.

(8) The approved garage shall: (a) on receipt of a notiﬁcation under subregulation (7); and (b) on payment by the owner of the motor vehicle of the fee speciﬁed in the Regulations, supply to that owner a new number plate or number plates.
(9) On receipt of a new number plate or number plates under subregulation (8), the owner of the motor vehicle in respect of which the new number plate or number plates is supplied, shall forthwith surrender the defaced number plate to the approved garage.

(10) Subject to subregulation (6), an owner of a motor vehicle shall not cause or permit a number plate bearing a number other than the registered number of that motor vehicle to be affixed to that motor vehicle.
603,601 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 81 Date: 30/8/2022 Time: 17:30:33 bwpageid:: 603601:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU reg 6 6 Form of number plates (1) A number plate for a motor vehicle issued under these Regulations shall bear: (a) for the official vehicle of the President, the Republic of Nauru “coat of arms” on a white background; (b) for the official vehicles of Cabinet Ministers, the letters “GM” followed by two numerals in sequential order in black on a white background; (c) for the official vehicles of members of the Diplomatic Corps, the letters “DC” followed by numerals in sequential order in black on a white background; (d) for the official vehicles of the United Nations Joint Presence Office, the letters “UNJP” followed by numerals in sequential order in black on a white background; (e) for the official vehicle of the Speaker of Parliament, the letters “PN SPKR” in black on a white background; (f) for the official vehicle of the Chief Justice, the letters “NCJ” followed by numerals in black on a white background; (g) for the official vehicles of the Nauru Electoral Commission, the letters “NEC” followed by numerals in sequential order in black on a white background; (h) for the official vehicles of the Nauru Judiciary, the letters “NJS” in black on a white followed by numerals in sequential order background; (i) for the official vehicles of the Nauru Police Force, the letters “NPF” in black on a white followed by numerals in sequential order background; (j) for the official vehicles of the Parliament, the letters “PN” followed by numerals in sequential order in black on a white background; (k) for motor vehicles, including buses, owned by the Republic including an instrumentality of the Republic or a statutory body: (i) in the case of a motor vehicle, other than a motorcycle, the letters “RON” and three numerals in a series commencing in sequential order with “RON 001” and ending with “RON 999” and the sequential order series shall continue with the
 letters “RON” to commence in sequential order with “RON AO1” and ending with “RON Z99” in black on a white background; and (ii) in the case of a motorcycle, one letter and three numerals in a series commencing in sequential order with “R 001” in black on a white background; (l) for traders’ motor vehicles, taxi operators’ permits, rental vehicle permits and trailers: (i) the letters “TT” followed by three numerals in sequential order in black on a white background and ending with “TT 999”; and (ii) at the end of the “TT 999” series, the sequential numbering series beginning with “0001” shall apply; (m) for commercial motor vehicles, other than those with taxi or rental vehicle permits, the letters “AAB” followed by three numerals and commencing in sequential order with “AAB 001” and ending with “AAB 999” and the sequential order series shall continue with the Service 1 603,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 82 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 603602:: bwservice::1:: reg 6A MOTOR TRAFFIC REGULATIONS 2014 letters “AAB” to commence in sequential order with “AAB A01” and ending with “AAB Z99” in black on a white background; (n) for private or company bus plates, the letter “B” followed by three numerals and commencing in sequential order with “B 001” in black on a white background; (o) for privately owned motor vehicles, three letters followed by three numerals in a series commencing in sequential order with “AAA 001” and ending with “AAA 999” in black on a white background and at the end of the “AAA 999” series, the following sequential numbering series shall apply: (i) the middle letter of “AAA” only changes in the order ‘A to Z’; and (ii) the numerals shall commence as ‘001 to 999’ at the change in each numbering series; (p) for privately owned motorcycles, two letters followed by three numerals in a series commencing in sequential order with “AA 001” and ending with “AA 999” in black, on a white background and at the end of the “AA 999”
 series: (i) the second letter of “AA” only changes in the order ‘A to Z’; and (ii) the numerals shall commence as ‘001 to 999’ at the change in each numbering series; (q) for vehicles of the Naoero Postal Services Corporation, the letters “POST” followed by two numerals in sequential order in a series commencing with “POST 10” and ending with “POST 99” in black on a white background; (r) for vehicles of the Nauru Maritime and Port Authority, the letters “NMPA” followed by 2 numerals in sequential order commencing with ‘01’ in black on a white background; and (s) for vehicles of the Nauru Shipping Line, the letters “NSL” followed by 2 numerals in sequential order commencing with ‘01’ in black on a white background.
[subreg (1) am SL 18 of 2020 reg 4, opn 17 July 2020; SL 10 of 2021 reg 4, opn 17 June 2021; SL 5 of 2022 reg 4, opn 27 May 2022] (2) The Registrar may issue to motor vehicles including buses owned by the Republic, the Police Force, an instrumentality of the Republic or a statutory body, number plates of the type issued to privately owned motor vehicles under subregulation 6(1)(o).
(3) Except as provided by the Act, these Regulations or any other law, a person shall not drive a motor vehicle having on it a number plate other than one prescribed under subregulation (1).

(4) Any person who contravenes subregulation (3) commits an offence and is liable to pay a penalty of $200.
[reg 6 subst SL 28 of 2018 reg 4, opn 20 Nov 2018] 6A Registration labels to be colour coded For the purpose of Section 13 of the Act, registration labels issued shall be colour coded as authorised by the Registrar for each year.
[reg 6A insrt SL 28 of 2018 reg 5, opn 20 Nov 2018] 603,603 Service 1 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 83 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 603603:: bwservice::1:: LAWS OF THE REPUBLIC OF NAURU [The next page is 603,801] Service 1 603,604 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 84 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 603604:: bwservice::1:: PART 3 — TRADER’S PLATES Issuing of trader’s plates Trader’s plates are issued to those who have been granted a motor vehicle trader’s licence under Section 31 of the Act.
Use of trader’s plates (1) A motor vehicles trader’s licence in respect of motor vehicles entitles the holder, while the licence is in force: (a) to a pair of trader’s plates issued to him or her to any motor vehicle that is in his or her possession or the possession of his or her employee; and (b) to attach, in accordance with Regulation 6(1)(e) the plates to any vehicle that is being used for a bona ﬁde purpose connected with the manufacture, repair, painting, testing, demonstration, sale or exchange of the vehicle or its delivery to another trader, a purchaser or the owner.
(2) A trader who attaches a trader’s plate or permits trader’s plates to be attached to a vehicle to which he or she is not entitled to attach such plates, commits an offence and is liable to pay a penalty of $500.
Cessation or transfer of business (1) Any trader who ceases to be engaged in the business of a trader as licenced under the Act, shall within 14 days after ceasing to carry on that business, notify the Registrar in writing of that fact and return to the Registrar or to the approved garage the motor vehicles trader’s licence and the trader’s plates issued to him or her.
(2) A person to whom the business of a trader has been sold or transferred shall: (a) apply in writing to the Registrar; and (b) upon payment of the prescribed fee, have the unexpired period of the motor vehicles trader’s licence transferred to him or her.
Surrender of trader’s plates on demand Where the Registrar is satisﬁed that a trader has ceased to be engaged in the business of a trader, he or she may demand the return of any trader’s plates issued to the trader and the person holding the plates shall within 14 days return the plates to the Registrar or to the approved garage.
Non-renewal of trader’s licence Where a trader does not intend to apply for the renewal of his or her motor vehicle trader’s licence, he or she shall, not later than 14 days after the date on which the licence was due for renewal: (a) notify the Registrar in writing of that fact; and (b) return to the Registrar the licence issued to him or her and the trader’s plates held by him or her.
12 Record of use of trader’s plates (1) A trader shall, within 24 hours after the time any vehicle to which a trader’s plate is attached leaves his or her premises make a record of: 603,801 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 85 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 603801:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 12 (a) the date on which the vehicle departed from his or her premises; (b) the number of the trader’s plate attached to the vehicle; (c) the make of the vehicle; (d) the name of the driver of the vehicle; (e) the times at which the vehicle departed from and returned to his or her premises; and (f) the purpose for which the vehicle was used.
(2) Where at any time, the trader is requested by the Registrar or the Police to furnish the above records, he or she shall within reasonable time, produce such records for inspection.

(3) Any trader failing to comply with subregulation (2), commits an offence and is liable to pay a ﬁne of $200.
13 Furnishing of information to the Registrar A trader shall, if requested, furnish to the Registrar a list of the names and addresses of all persons to whom he or she has sold or from whom he or she has purchased, motor vehicles together with particulars of the type, manufacture, horsepower, engine number, chassis number, weight and registration number of each vehicle.
[The next page is 604,001] Service 0 603,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 86 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 603802:: bwservice::0:: PART 4 — TAXIS, RENTAL VEHICLES AND COMMERCIAL VEHICLES Applying for permit A person may apply to the Registrar for a permit of the following type: (a) a taxi operator’s permit to an applicant who applies to engage in taxi services; or (b) a rental vehicle permit to an applicant who applies to engage in rental car services.
Form of application (1) An application for the grant or renewal of a taxi operator’s permit or rental vehicle permit shall be made to the Registrar and be in the form and contain such particulars or documentation as the Registrar may require.

(2) An application made under subregulation (1), shall be accompanied by the prescribed fee.

Conditions of permit The Registrar shall place any necessary conditions on any permit issued under these Regulations.
Validity of permit A permit issued under Regulation 14, shall remain valid for 1 year, unless and until it is revoked, suspended or surrendered.

Offence to operate without permit A person who is not the holder of a permit issued under Regulation 14 and is carrying out any taxi services or rental car services, commits an offence and is liable to pay a ﬁne of $1,000.

Permit not transferable Subject to Regulation 21, a permit issued under these Regulations is not transferrable.
Plates to be issued (1) A taxi operator’s permit and a rental vehicle permit, entitles the holder, while the permit is in force: (a) to a pair of plates issued to him or her for each of the vehicles being used in the business; and (b) to attach the plates, in accordance with Regulation 6(1)(e), to any vehicle that is being used for a bona ﬁde purpose connected with the provision of taxi services or rental car services.
(2) A person who attaches taxi operator’s plates or rental vehicle plates to a vehicle to which he or she is not entitled to attach the plates, commits an offence and is liable to pay a ﬁne of $500.
604,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 87 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 21 Cessation or transfer of taxi or rental business (1) A taxi operator or rental vehicle operator who ceases to be engaged in the business as permitted under these Regulations, shall within 14 days after so ceasing to carry on that business, notify the Registrar in writing of that fact and return to the Registrar any plates issued to him or her.
(2) A person to whom the taxi operator business or rental vehicle business has been sold or transferred shall: (a) apply in writing to the Registrar; and (b) upon payment of the prescribed fee, have the unexpired period of the permit transferred to him or her.
Surrender of taxi and rental plates on demand Where the Registrar is satisﬁed that a person has ceased to be engaged in the business of taxi services or rental vehicle services, he or she shall demand the return of any plates issued and the person holding the plates shall within 14 days return the plates to the Registrar.
Non-renewal of permit Where a person does not intend to apply for the renewal of his or her permit, he or she shall, not later than 14 days after the date on which the permit was due for renewal: (a) notify the Registrar in writing of that fact; and (b) return to the Registrar the permit issued to him or her and the plates held by him or her.
Record to be maintained by rental vehicle operator (1) A person holding a permit for a rental vehicle operator’s business shall, before any vehicle to which plates are attached, leaves his or her premises, make a record of: (a) the person to whom the vehicle has been rented; (b) the date on which the vehicle departed and returned to his or her premises; (c) the number of the plates attached to the vehicle; and (d) the make of the vehicle.
(2) Where at any time, the rental vehicle operator is requested by the Registrar or the Police to furnish the above records, he or she shall within reasonable time, produce such records for inspection.

(3) A person failing to comply with subregulation (2), commits an offence and is liable to pay a ﬁne of $200.
Requirement to make information available A person dealing in a rental vehicle operator’s business shall, if requested, furnish to the Registrar a list of the names and addresses of all persons to whom he or she has rented, together with particulars of the type, manufacture, horsepower, engine number, chassis number, weight and registration number of each vehicle.
[The next page is 604,201] Service 0 604,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 88 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604002:: bwservice::0:: PART 5 — FEES 26 Fees All fees payable under the Act or these Regulations are set out in the Schedule.
604,201 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 89 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604201:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 604,401] Service 0 604,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 90 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604202:: bwservice::0:: SCHEDULE FEES [Sch subst SL 21 of 2016 reg 4, opn 6 Sep 2016] Registration or Renewal of Motor Vehicle [Regulation 26] Fee per annum Passenger car/van/UTE Private passenger Commercial Passenger (Rental- car/van/ute) Trailer Less than 3500kg (Boat/Luggage) More than 3500kg(Boat/Luggage) Freight Trailer Prime Mover (Tractor Unit) Container Trailer Side Lifter Bulldozers/trucks and similar vehicles Motorcycle Private passenger Commercial passenger (Motorcycle) Petrol driven – 0 -2600cc $40 Petrol driven – 2601cc and over $45 $50 Non-petrol driven – 0 -2600cc Non-petrol driven – 2601cc and over $55 $50 Petrol driven – 0 -2600cc $55 Petrol driven – 2601cc and over Non-petrol driven – 0 -2600cc $60 Non-petrol driven – 2601cc and over $65 $40 $45 $1000 $100 $5000 $5000 $75 $25 $30 $35 $35 $40 $45 $55 Petrol driven - 0- 60cc Petrol driven - 61cc – 600cc Petrol driven – 601cc and over Petrol driven - 0- 60cc Petrol driven - 61cc – 600cc Petrol driven – 601cc and over Commercial Vehicles Goods truck/van/utility/car (Business) Petrol driven - 0-3500kg GVM 604,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 91 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Sch Non-petrol driven - 0-3500kg GVM $75 $60 Petrol driven - 3501-6000kg GVM $80 Non-petrol driven - 3501-6000kg GVM Petrol driven – 6000 GVM and over Non-petrol driven – 6000 GVM and over $95 $100 Private passenger car/van/truck Heavy Trailer Light Trailer Motor cycle Commercial goods truck/van/utility/cars/rentals Heavy Trailer Light Trailer Motorcycle SPECIAL REGISTRATION FEES: Classic vehicles Land rovers Vintage cars OTHER FEES: Vehicle Inspection Certiﬁcate of road worthiness Licence
 or renewal of licence to drive motor vehicle Permit licence to learn to drive a motor vehicle Motor vehicles trader’s licence for motor vehicles other than motor cycles (or renewal of such licence) Motor vehicles trader’s licence for motor cycles only (or renewal of such licence) Taxi operator’s permit Rental car operator’s permit Transfer Form Transfer of certiﬁcate of registration of commercial motor vehicle Transfer of certiﬁcate of registration of private motor vehicle Transfer of motor vehicle trader’s licence for unexpired period of licence Transfer of taxi operator’s permit and rental car operator’s permit Duplicate drivers licence (where original is destroyed or lost) $100 $200 $35 $45 $35 $30 $70 $60 $45 $35 $5 $15 $7.50 $150 $75 $200 $200 $25 $15 $15 $75 $85 $30 Service 0 604,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 92 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604402:: bwservice::0:: Sch MOTOR TRAFFIC REGULATIONS 2014 Specialised number plates First Issue number plates Replacement number plates Vehicle Motorcycle Vehicle Motorcycle $500 $55 $45 $80 $50 604,403 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 93 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604403:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 605,601] Service 0 604,404 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 94 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 604404:: bwservice::0:: Motor Traffic (Approved Garage) Notice 2014 TABLE OF AMENDMENTS The Motor Traffic (Approved Garage) Notice 2014 SL 12 was notiﬁed and commenced on 11 September 2014.
Amending Legislation Notiﬁed Date of Commencement 605,601 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 95 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 605601:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 605,801] Service 0 605,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 96 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 605602:: bwservice::0:: MOTOR TRAFFIC (APPROVED GARAGE) NOTICE 2014 I, VALDON DOWIYOGO, Minister responsible for Transport, acting with the approval of Cabinet, pursuant to the Motor Traffıc Act 2014 give notice that as of 11th of September, 2014: 1.
Eigigu Holdings Corporation trading as Eigigu Transport Services, approved garage for the purposes of the Motor Traffıc Act 2014; and 2.

Eigigu Holdings Corporation trading as Eigigu Transport Services, is a competent authority, on behalf of the Registrar of Motor Vehicles and Licences, to receive and process vehicle registration applications.
is an 605,801 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 97 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 605801:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 607,001] Service 0 605,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 98 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 605802:: bwservice::0:: Motor Traffic (Approved Insurer) Notice 2014 TABLE OF AMENDMENTS The Motor Traffic (Approved Insurer) Notice 2014 SL 13 was notiﬁed and commenced on 11 September 2014.
Amending Legislation Notiﬁed Date of Commencement Motor Traffic (Amendment) No 3 Act 2016 No 58 23 December 2016 23 December 2016 607,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 99 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 607001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 607,201] Service 0 607,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 100 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 607002:: bwservice::0:: MOTOR TRAFFIC (APPROVED INSURER) NOTICE 2014 I, VALDON DOWIYOGO, Minister responsible for Transport, pursuant to the Motor Traffıc Act 2014 give notice that as of 11th of September, 2014: 1.
Eigigu Holdings Corporation trading as Eigigu Financial Services Inc. is an approved insurer for the purposes of carrying out any business authorised under the Motor Traffıc Act 2014.
[Notice am Act 58 of 2016 s 5, opn 23 Dec 2016] 607,201 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 101 Date: 30/8/2022 Time: 17:30:34 bwpageid:: 607201:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 608,401] Service 0 607,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 102 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 607202:: bwservice::0:: Motor Traffic (Breath Analysis Machine) Notice 2015 TABLE OF PROVISIONS Clause 1 2 3 4 Citation Commencement Meaning of ‘prescribed device’ Meaning of ‘breath-analysing instrument’ 608,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 103 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 608401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 608,601] Service 0 608,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 104 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 608402:: bwservice::0:: Motor Traffic (Breath Analysis Machine) Notice 2015 TABLE OF AMENDMENTS The Motor Traffic (Breath Analysis Machine) Notice 2015 SL 7 was notiﬁed and commenced on 22 April 2015 (GN No 199/2015; Gaz 52/2015).
Amending Legislation Notiﬁed Date of Commencement 608,601 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 105 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 608601:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 608,801] Service 0 608,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 106 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 608602:: bwservice::0:: MOTOR TRAFFIC (BREATH ANALYSIS MACHINE) NOTICE 2015 I, Baron Divavesi Waqa, Acting Minister for Transport, acting in accordance with powers vested in me by Section 80 of the Motor Traffıc Act 2014 and in consultation with Cabinet, hereby notify the public of the following: 1 2 3 4 Citation This Notice may be cited as the Motor Traffıc (Breath Analysis Machine) Notice 2015.
Commencement This Notice shall commence on the date on which it is published in the Gazette.
Meaning of ‘prescribed device’ For the purposes of conducting a preliminary breath test under Section 70 of the Motor Traffıc Act 2014, a ‘prescribed device’ means the handheld portable breath analysing device known as the Drager Alcotest 5510. the purposes of Section 71 of Meaning of ‘breath-analysing instrument’ the Motor Traffıc Act 2014, a For ‘breath-analysing instrument’ means the breath test machine known as the Drager Alcotest 9510.
608,801 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 107 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 608801:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 610,001] Service 0 608,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 108 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 608802:: bwservice::0:: Motor Traffic (Traffic Infringement Notices) Regulations 2018 TABLE OF PROVISIONS Regulation Title PART 1 — PRELIMINARY Citation Commencement Deﬁnitions PART 2 — PRESCRIBED OFFENCES AND PENALTIES Prescribed ﬁxed penalty offences Prescribed penalties PART 3 — TRAFFIC INFRINGEMENT NOTICE Prescribed Traffic Infringement Notice Police officer to inform offender PART 4 — PROCEDURES FOR DEALING WITH TRAFFIC INFRINGEMENT NOTICES Traffic Infringement Notice list Traffic Infringement Notice court appearances List of unpaid ﬁnes and costs to be issued by Deputy Registrar of the District Court Consequence of nonpayment of penalty and costs SCHEDULE 1 — PRESCRIBED OFFENCES AND FIXED PENALTIES SCHEDULE 2 — TRAFFIC INFRINGEMENT NOTICE – FIXED PENALTY SCHEDULE 2A — TRAFFIC INFRINGEMENT NOTICE – FIXED PENALTY SCHEDULE 3 — NOTICE OF RETURNS SCHEDULE 4 — TRAFFIC INFRINGEMENT NOTICE PRAECIPE 610,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 109 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 610,201] Service 0 610,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 110 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610002:: bwservice::0:: Motor Traffic (Traffic Infringement Notices) Regulations 2018 TABLE OF AMENDMENTS The Motor Traffic (Traffic Infringement Notices) Regulations 2018 SL 12 were notiﬁed and commenced on 11 May 2018 (GN No 356/2018; Gaz 74/2018).
Amending Legislation Notiﬁed Date of Commencement Motor Traffic (Traffic Infringement Notices) (Amendment) Regulations 2019 SL 31 Motor Traffic (Traffic Infringement Notices) (Amendment) Regulations 2020 SL 20 Motor Traffic (Traffic Infringement Notices) (Amendment) No 2 Regulations SL 30 24 October 2019 24 October 2019 17 July 2020 17 July 2020 22 September 2020 22 September 2020 Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021 610,201 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 111 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610201:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 610,401] Service 0 610,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 112 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610202:: bwservice::0:: The Cabinet makes the following Regulations under Section 117 of the Motor Traffıc Act 2014: PART 1 — PRELIMINARY 1 2 3 Citation These Regulations may be cited as the Motor Traffıc (Traffıc Infringement Notices) Regulations 2018.
Commencement These Regulations come into effect on the date of notiﬁcation in the Gazette.

Deﬁnitions ‘court’ means the District Court; ‘Deputy Registrar’ means the Deputy Registrar of the District Court as deﬁned in the District Court Act 2018; and ‘Registrar’ means the Registrar of Motor Vehicles.
610,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 113 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 610,601] Service 0 610,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 114 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610402:: bwservice::0:: PART 2 — PRESCRIBED OFFENCES AND PENALTIES 4 5 Prescribed ﬁxed penalty offences For the purposes of Section 117(2)(a) of the Act, the prescribed ﬁxed penalty offences are set out in Column 3 of Schedule 1.
Prescribed penalties For the purposes of Section 117(2)(b) of the Act, the corresponding prescribed ﬁxed penalties for the prescribed offences under Regulation 4 are set out in Column 4 of Schedule 1.
610,601 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 115 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610601:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 610,801] Service 0 610,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 116 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610602:: bwservice::0:: 6 7 PART 3 — TRAFFIC INFRINGEMENT NOTICE Prescribed Traffic Infringement Notice For the purposes of Section 117(2)(c) of the Act, the Traffic Infringement Notice which a Police officer may serve to an offender shall be in: (a) the prescribed form in Schedule 2; or (b) the prescribed form in Schedule 2A.
[reg 6 subst SL 30 of 2020 s 4, opn 22 Sep 2020] Police officer to inform offender A police officer who issues or serves a Traffic Infringement Notice on an offender under Regulation 6 shall inform the offender: (a) of the contents of the Traffic Infringement Notice; (b) that he or she shall pay the penalty or appear in court to contest or defend the traffic infringement offence; (c) that payment of the penalty is to be made within 21 days of service of the Traffic Infringement Notice; (d) that non acceptance of the Traffic Infringement Notice is an offence; (e) that his or her driver’s licence shall not be renewed until the penalty and costs ordered by the court is paid; and (f) that his or her vehicle may not be registered until the penalty and costs ordered by the court is paid.
610,801 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 117 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610801:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 611,001] Service 0 610,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 118 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 610802:: bwservice::0:: PART 4 — PROCEDURES FOR DEALING WITH TRAFFIC INFRINGEMENT NOTICES 8 9 Traffic Infringement Notice list (1) The Nauru Revenue Office shall issue to the court and to the Director of Public Prosecutions a list of offenders, Traffic Infringement Notice numbers and unpaid ﬁnes within 7 days before the date on which the Traffic Infringement Notices are listed before the court in the form prescribed in Schedule 3.
(2) The Deputy Registrar shall: (a) list before the court for hearing of the Traffic Infringement Notices for which the ﬁxed penalties imposed have not been paid on the dates speciﬁed in the Traffic Infringement Notices; and (b) list the Traffic Infringement Notices on the same date as speciﬁed in Part 3 of the Traffic Infringement Notices.
(3) The Director of Public Prosecutions shall issue a Notice to List in the form in Schedule 4 to the court to list all Traffic Infringement Notices for which the ﬁxed penalties remain unpaid as notiﬁed by the Nauru Revenue Office under subregulation (1) at least 7 days before the date speciﬁed in Part 3 of the Traffic Infringement Notice.
(4) Where the Nauru Revenue Office fails to provide the list in subregulation (1), the Director of Public Prosecutions shall issue a notice to the Nauru Revenue Office to provide the list of unpaid Traffic Infringement Notices which the Nauru Revenue Office shall comply with within 3 working days.

(5) The Director of Public Prosecutions shall appear before the court for the prosecution of Traffic Infringement Notices.
Traffic Infringement Notice court appearances (1) Where the person pleads guilty on the date of the hearing of the traffic offence contained in Part 3 of the Traffic Infringement Notice, the court shall: (a) impose a penalty for the offence as contained in the Act; (b) order court costs of $100; and (c) any such other orders the court deems ﬁt to ensure compliance of the order of the court not limited to committal.
(2) Where the person is not present and is unrepresented in court, a plea of guilty shall be recorded and the matter dealt with in accordance with the procedure of the court and the court shall: (d) impose a penalty for the offence as contained in the Act; (e) order court costs of $100; and (f) any such other orders the court deems ﬁt to ensure compliance of the order of the court not limited to committal.
(3) Where the person is present or represented by a legal practitioner and pleads not guilty, the matter shall be dealt with in accordance with the procedure of the court.
611,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 119 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 611001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU reg 9 (4) Where the person is found guilty after the hearing of a traffic infringement offence under subregulation (3), the court shall: (a) impose the penalty for that offence under the Act; (b) order court costs in an amount not exceeding $200; and (c) any such other orders the court deems ﬁt to ensure compliance of the order of the court not limited to committal.
10 List of unpaid ﬁnes and costs to be issued by Deputy Registrar of the District Court (1) The Deputy Registrar shall from time to time issue a list of unpaid ﬁnes and costs to the Registrar and the Director of Public Prosecutions.
(2) The list under subregulation (1), shall contain but is not limited to the: (a) Traffic Infringement Notice serial number; (b) name of the offender; (c) vehicle registration number of the offender (if any); (d) date of the offence; (e) offence in the Traffic Infringement Notice; (f) date of the ﬁne ordered by the court; and (g) amount of the ﬁne ordered by the court.
(3) The Registrar upon the receipt of the list under subregulation (1), shall cause to register such ﬁnes and costs against the offender’s vehicle.

(4) The Registrar shall not issue or renew any vehicle registration without a report from the court that no ﬁnes and costs in respect of a Traffic Infringement Notice or any other offences under the Act are registered against such vehicle.
(5) The Director of Public Prosecutions shall upon receipt of the list under subregulation (1), forward such list to the Registrar.

(6) The Registrar upon receipt of the list under subregulation (5), shall ensure that the ﬁnes and costs are registered against the offender’s driver’s licence number.

(7) If the offender does not possess a valid driver’s licence, the Registrar shall register such penalty and costs against the offender’s name.
11 Consequence of nonpayment of penalty and costs Any unpaid penalties and costs under these Regulations shall be a bar to the: (a) renewal of a licence; (b) issuance of a driver’s licence; and (c) renewal of registration of a vehicle registered under the offender’s name.
[The next page is 611,201] Service 0 611,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 120 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 611002:: bwservice::0:: SCHEDULE 1 [Section 117; Regulations 4 and 5] PRESCRIBED OFFENCES AND FIXED PENALTIES [Sch 1 subst SL 31 of 2019 s 4, opn 24 Oct 2019] Section of the Act Fixed Penalty Offences 18(2) 20(2)(a) 20(2)(b) 20(4) Driving motor vehicle with another vehicle’s registration number No valid driver’s licence Driving vehicle of different class from that in driver’s licence Failure to carry and to produce driver’s licence 57(4) 58(2) 30(4) 24(2) 58 (1) 37 50 (2) 23(5) and (6) Driving between 7pm and 7am on a learner’s permit Failure to produce learner’s permit Failure to carry and to produce on request foreign driver’s licence Disobeying speed limit Driving at night without operating lights Riding or driving a motorcycle without a helmet Driving with more than one person on the motorcycle Driving motorcycle and carrying child under 5 years in back tray or directly behind driver Not wearing seat belt while travelling in a motor vehicle in excess of the prescribed speed limit Passenger under 5 years not seated in back and not wearing seat belt Passenger in front seat not wearing seat belt Passenger under 5 years seated in middle of back seat not wearing seat belt Driver not wearing seat belt Passenger under 5 years seated in front seat of vehicle 60(2)(d) 61(1) 60(2)(b) 60(2)(a) 60(2)(c) 60(1) Fixed Penalty Court costs $300 $100 Penalty under the Act $500 $50 $50 $75 $75 $50 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $150 $100 $300 $100 $100 $100 $200 $200 $100 $200 $300 $200 $200 $300 $500 $75 $100 $200 $75 $100 $200 $75 $75 $75 $100 $100 $100 $100 $100 $200 $200 $200 $200 611,201 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 121 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 611201:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Sch 1 19 61(4) 20 21 61(5) 63(3) 22 65(1) Driving and allowing
 passenger under 12 years to be seated in back tray of vehicle without an adult Driving and allowing another person to be seated behind wheel of vehicle on public road Person:- (i) traveling on any part of the vehicle not designed for passenger carriage; (ii) standing on or in any part of moving vehicle; (iii) traveling in motor vehicle part of body outside a window or door.
Driving unregistered motor vehicle $150 $100 $500 $150 $100 $500 $75 $100 $200 $100 $100 $500 – including vehicle impounded $500 – including vehicle impounded 23 65(2) Owner allowing unregistered vehicle to be driven on road $100 $100 24 25 26 66 68 82 Driving across sidewalk for parking or turning vehicles Failure or refusal to give name Failure or refusal to provide information $50 $100 $100 $100 $100 $100 $100 $200 $200 [The next page is 611,401] Service 0 611,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 122 Date: 30/8/2022 Time: 17:30:35 bwpageid:: 611202:: bwservice::0:: SCHEDULE 2 [Section 117(2)(c); Regulation 6] TRAFFIC INFRINGEMENT NOTICE – FIXED PENALTY [Sch 2 subst SL 20 of 2020 s 4, opn 17 July 2020] This Traffic Infringement Notice is issued pursuant to the powers given to the Nauru Police Force for an infringement of the Motor Traffıc Act 2014 and these Regulations.
Important Notice: The consequence of not paying a penalty or ﬁne will result in: (i) the driver’s licence not being renewed until such time the penalty or ﬁne is paid; and (ii) the case of unregistered or defective vehicles, the vehicle shall not be registered unless the penalty and ﬁne are paid.

Infringement Notice No: Date of Issue: Penalty Due: Payment shall be made at the Nauru Revenue Office within 21 days from the date of service of this infringement notice.
PART 1 – OFFENCE DETAILS Offender: Surname: .

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Nature of Offence: contrary to Section.

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of the Motor Traffıc Act 2014 and Regulation 4 of the Motor Traffıc (Traffıc Infringement Notices) Regulations 2018 -.

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Date: / / 20. .

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Acknowledgement of Service of Infringement Notice by: Name and Signature:.

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611,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 123 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Sch 2 Note: 1.

This Notice shall only be served to the Offender at the time of the offence or as soon as practicable.

2.

If the offender refuses to accept the Notice, he or she commits an offence under Section 118(7) for which he or she is liable to a ﬁne not exceeding $5,000.
PART 2 – TIME FOR PAYMENT OF PENALTY A.

Take Notice that the penalty shall be paid to the Nauru Revenue Office within 21 days of the date of the issuance of this infringement notice.

Failure or late payment of the penalty will result in payment of additional costs in the sum of $ .

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B.

Contesting the Infringement Notice If you intend to defend or contest the Notice, you are to appear in person or by a legal representative in court on the date and time provided in Part 3.
PART 3 – NOTICE TO ATTEND TO COURT Take Notice that if you intend to contest or defend this notice, you shall attend the District Court at Yaren on.

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noon for the hearing.

If you fail to attend the hearing, the court will proceed to hearing of the infringement notice in your absence and impose a ﬁne and costs.
If you fail to pay the ﬁne and costs ordered by the court, you will be arrested under a committal warrant without any further notice and be imprisoned.
Section of the Act Fixed Penalty Offences 18(2) 20(2)(a) 20(2)(b) 20(4) 23(5) and (6) 24(2) 30(4) 37 50 (2) 57(4) 58 (1) 58(2) 13 60(1) Driving motor vehicle with another vehicle’s registration number No valid driver’s licence Driving vehicle of different class from that in driver’s licence Failure to carry and to produce driver’s licence Driving between 7pm and 7am on a learner’s permit Failure to produce learner’s permit Failure to carry and to produce on request foreign driver’s licence Disobeying speed limit Driving at night without operating lights Riding or driving a motorcycle without a helmet Driving with more than one person on the motorcycle Driving motorcycle and carrying child under 5 years in back tray or directly behind driver Not wearing seat belt while travelling in a motor vehicle in excess of the prescribed speed limit Fixed Penalty Court costs $300 $100 Penalty under the Act $500 $50 $50 $75 $75 $50 $100 $100 $100 $100 $100 $100 $100 $100 $200 $100 $200 $100 $100 $100 $100 $100 $200 $300 $200 $100 $100 $200 $150 $100 $300 $300 $100 $500 $75 $100 $200 Service 0 611,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 124 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611402:: bwservice::0:: Sch 2 MOTOR TRAFFIC (TRAFFIC INFRINGEMENT NOTICES) REGULATIONS 2018 60(2)(a) 60(2)(b) 60(2)(c) 60(2)(d) 61(1) 61(4) 20 61(5) 21 63(3) 22 65(1) Passenger under 5 years not seated in back and not wearing seat belt Passenger in front seat not wearing seat belt Passenger under 5 years seated in middle of back seat not wearing seat belt Driver not wearing seat belt Passenger under 5 years seated in front seat of vehicle Driving and allowing passenger under 12 years to be seated in back tray of vehicle without an adult Driving and allowing another person to be seated behind wheel of vehicle on public road Person:- (i) traveling on any part of the vehicle not designed for passenger carriage; (ii) standing on or in any part of moving vehicle; (iii) traveling in motor vehicle
 part of body outside a window or door.
Driving unregistered motor vehicle $75 $75 $75 $100 $200 $100 $200 $100 $200 $75 $100 $100 $100 $200 $200 $150 $100 $500 $150 $100 $500 $75 $100 $200 $100 $100 $500 – including vehicle impounded $500 – including vehicle impounded 23 65(2) Owner allowing unregistered vehicle to be driven on road $100 $100 24 25 26 66 68 82 Driving across sidewalk for parking or turning vehicles Failure or refusal to give name Failure or refusal to provide information $50 $100 $100 $100 $100 $100 $100 $200 $200 611,403 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 125 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611403:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 611,601] Service 0 611,404 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 126 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611404:: bwservice::0:: SCHEDULE 2A [Section 117(2)(c); Regulation 6] TRAFFIC INFRINGEMENT NOTICE – FIXED PENALTY [Sch 2A insrt SL 30 of 2020 s 5, opn 22 Sep 2020] This Traffic Infringement Notice is issued pursuant to the powers given to the Nauru Police Force for an infringement of the Motor Traffıc Act 2014 and the Motor Traffıc (Traffıc Infringement Notices) Regulations 2018.
Important Notice: The consequence of not paying a penalty or ﬁne will result in: (i) the driver’s licence not being renewed until such time the penalty or ﬁne is paid; and (ii) the case of unregistered or defective vehicles, the vehicle shall not be registered unless the penalty and ﬁne are paid.

Infringement Notice No: Date of Issue: Penalty Due: Payment shall be made at the Nauru Revenue Office within 21 days from the date of service of this infringement notice.
PART 1 – OFFENCE DETAILS Offender: Surname: .

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Nature of Offence: contrary to Section.

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of the Motor Traffıc Act 2014 and Regulation 4 of the Motor Traffıc (Traffıc Infringement Notices) Regulations 2018 -.

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Acknowledgement of Service of Infringement Notice by: Name and Signature:.

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Note: 611,601 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 127 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611601:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU Sch 2A 1.
This Notice shall only be served to the Offender at the time of the offence or as soon as practicable.

2.

If the offender refuses to accept the Notice, he or she commits an offence under Section 118(7) for which he or she is liable to a ﬁne not exceeding $5,000.

PART 2 – TIME FOR PAYMENT OF PENALTY A.

Take Notice that the penalty shall be paid to the Nauru Revenue Office within 21 days of the date of the issuance of this infringement notice.
Failure or late payment of the penalty will result in payment of additional costs in the sum of $ .

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B.

Contesting the Infringement Notice If you intend to defend or contest the Notice, you are to appear in person or by a legal representative in court on the date and time provided in Part 3.

PART 3 – NOTICE TO ATTEND TO COURT Take Notice that if you intend to contest or defend this notice, you shall attend the District Court at Yaren on.

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noon for the hearing.

If you fail to attend the hearing, the court will proceed to hearing of the infringement notice in your absence and impose a ﬁne and costs.

If you fail to pay the ﬁne and costs ordered by the court, you will be arrested under a committal warrant without any further notice.
Section of the Act Fixed Penalty Offences 18(2) 20(2)(a) 20(2)(b) 20(4) 23(5) and (6) 24(2) 30(4) 37 50(2) 57(4) 58(1) 58(2) 13 60(1) 14 60(2)(a) Driving motor vehicle with another vehicle’s registration number No valid driver’s licence Driving vehicle of different class from that in driver’s licence Failure to carry and to produce driver’s licence Driving between 7pm and 7am on a learner’s permit Failure to produce learner’s permit Failure to carry and to produce on request foreign driver’s licence Disobeying speed limit Driving at night without operating lights Riding or driving a motorcycle without a helmet Driving with more than one person on the motorcycle Driving motorcycle and carrying child under 5 years in back tray or directly behind driver Not wearing seat belt while travelling in a motor vehicle in excess of the prescribed speed limit Passenger under 5 years not seated in back and not wearing seat belt Fixed Penalty Court costs $300 $100 Penalty under the Act $500 $50 $50 $75 $75 $50 $100 $100 $100 $100 $100 $100 $100 $100 $200 $100 $200 $100 $100 $100 $100 $100 $200 $300 $200 $100 $100 $200 $150 $100 $300 $300 $100 $500 $75 $100 $200 $75 $100 $200 Service 0 611,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 128 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611602:: bwservice::0:: Sch 2A MOTOR TRAFFIC (TRAFFIC INFRINGEMENT NOTICES) REGULATIONS 2018 60(2)(b) 60(2)(c) 60(2)(d) 61(1) 61(4) 20 61(5) 21 63(3) 22 65(1) Passenger in front seat not wearing seat belt Passenger under 5 years seated in middle of back seat not wearing seat belt Driver not wearing seat belt Passenger under 5 years seated in front seat of vehicle Driving and allowing passenger under 12 years to be seated in back tray of vehicle without an adult Driving and allowing another person to be seated behind wheel of vehicle on public road Person:- (i) traveling on any part of the vehicle not designed for passenger carriage; (ii) standing on or in any part of moving vehicle; (iii) traveling in
 motor vehicle part of body outside a window or door.
Driving unregistered motor vehicle $75 $75 $100 $200 $100 $200 $75 $100 $100 $100 $200 $200 $150 $100 $500 $150 $100 $500 $75 $100 $200 $100 $100 $500 – including vehicle impounded $500 – including vehicle impounded 23 65(2) Owner allowing unregistered vehicle to be driven on road $100 $100 24 25 26 66 68 82 Driving across sidewalk for parking or turning vehicles Failure or refusal to give name Failure or refusal to provide information $50 $100 $100 $100 $100 $100 $100 $200 $200 611,603 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 129 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611603:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 611,801] Service 0 611,604 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 130 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611604:: bwservice::0:: SCHEDULE 3 MOTOR TRAFFIC ACT 2014 NOTICE OF RETURNS To:The Director of Public Prosecutions The Deputy Registrar of the District Court Take Notice that the following return for the following Traffic Infringement Notices are as follows: TIN NUMBER NAME OF OFFENDER PENALTY PAID OR UNPAID DATE OF PAYMENT (IF PAID) [Regulation 8(1)] Dated:.
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..........................................................(Name and signature) Deputy Secretary for Finance (Revenue)/Revenue Officer 611,801 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 131 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611801:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 612,001] Service 0 611,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 132 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 611802:: bwservice::0:: SCHEDULE 4 REPUBLIC OF NAURU MOTOR TRAFFIC ACT 2014 TRAFFIC INFRINGEMENT NOTICE PRAECIPE [Regulation 8(3)] To: The Deputy Registrar of the District Court THIS PRAECIPE is issued to request the listing of the following Traffic Infringement Notices for hearing: TIN NUMBER NAME OF OFFENDER PENALTY PAID OR UNPAID DATE OF PAYMENT (IF PAID) Dated:.
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Director of Public Prosecutions 612,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 133 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 612001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 613,001] Service 0 612,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 134 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 612002:: bwservice::0:: Motor Traffic (Impound Fees and Notices) Regulations 2020 Regulation TABLE OF PROVISIONS Title Citation Commencement Deﬁnition Impound fee Notice to seize and remove motor vehicle or trailer to impound facility Notice for payment of impound fee SCHEDULE 1 — IMPOUND FEES SCHEDULE 2 — NOTICE TO SEIZE AND REMOVE MOTOR VEHICLE OR TRAILER TO IMPOUND FACILITY SCHEDULE 3 — NOTICE OF PAYMENT OF IMPOUND FEE 613,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 135 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 613,201] Service 0 613,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 136 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613002:: bwservice::0:: Motor Traffic (Impound Fees and Notices) Regulations 2020 TABLE OF AMENDMENTS The Motor Traffic (Impound Fees and Notices) Regulations 2020 SL 21 were notiﬁed and commenced on 17 July 2020 (GN No 444/2020; Gaz 140/2020).
Amending Legislation Notiﬁed Date of Commencement Revised Written Laws Act 2021 No 7 1 June 2021 1 June 2021 613,201 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 137 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613201:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 613,401] Service 0 613,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 138 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613202:: bwservice::0:: The Cabinet makes the following Regulations under Section 132(1) of the Motor Traffıc Act 2014: Citation These Regulations may be cited as the Motor Traffıc (Impound Fees and Notices) Regulations 2020.
Commencement These Regulations come into effect on the date of notiﬁcation in the Gazette.

Deﬁnition In these Regulations: ‘Act’ means the Motor Traffıc Act 2014.
Impound fee (1) For the purpose of Section 116 of the Act: (a) the impound fee shall be imposed and calculated on a weekly basis in accordance with Schedule 1; and (b) the impound fee shall be paid by the owner of the impounded vehicle at the Nauru Revenue Office and a receipt shall be produced to the police before the impounded vehicle is released.

(2) The impound fee in Schedule 1 shall not include any other costs under the Act.
(3) The impound fee shall become payable immediately upon expiry of 24 hours from the time the vehicle is impounded by the police.
Notice to seize and remove motor vehicle or trailer to impound facility (1) For the purpose of Section 115 of the Act, where a motor vehicle or trailer is seized by a police officer: (a) a notice to seize and remove the vehicle shall be issued immediately to the owner of the vehicle by the police officer; and (b) the vehicle shall be removed to an impound facility by the police officer.

(2) For the purpose of subregulation (1)(a), the police officer shall issue the notice in the form set out in Schedule 2.
Notice for payment of impound fee For the purpose of Section 116(3)(a) of the Act, a police officer authorised by the Commissioner of Police shall issue a notice for payment of an impound fee in the form set out in Schedule 3.
613,401 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 139 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613401:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 613,601] Service 0 613,402 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 140 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613402:: bwservice::0:: SCHEDULE 1 REPUBLIC OF NAURU MOTOR TRAFFIC ACT 2014 IMPOUND FEES [Section 116; Regulation 4] Type of vehicle 1 Motor cycles 2 Buses 3 Commercial and private passenger motor vehicles 4 Trailers 5 Any other vehicle Impound Fee per week $30 $100 $100 $75 $50 613,601 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 141 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613601:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 613,801] Service 0 613,602 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 142 Date: 30/8/2022 Time: 17:30:36 bwpageid:: 613602:: bwservice::0:: SCHEDULE 2 REPUBLIC OF NAURU MOTOR TRAFFIC ACT 2014 [Section 115; Regulation 5] NOTICE TO SEIZE AND REMOVE MOTOR VEHICLE OR TRAILER TO IMPOUND FACILITY To: .
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[insert residential address] NOTICE is hereby given to you as the owner of Vehicle Registration Number: ...................................... that your vehicle is now seized and impounded for (state the reasons): ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................
Vehicle will be impounded at: ...................................... [insert place of impound facility].

Dated this ......... day of ................... 20 ......... .

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Rank of Police Officer 613,801 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 143 Date: 30/8/2022 Time: 17:30:37 bwpageid:: 613801:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 614,001] Service 0 613,802 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 144 Date: 30/8/2022 Time: 17:30:37 bwpageid:: 613802:: bwservice::0:: SCHEDULE 3 REPUBLIC OF NAURU MOTOR TRAFFIC ACT 2014 [Section 116(3)(a); Regulation 6] NOTICE OF PAYMENT OF IMPOUND FEE To: .
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[insert residential address] NOTICE is hereby given to you as the owner of Vehicle Registration Number: ...................................... to pay an impound fee in the sum of $................... for the said vehicle being impounded by the police for ...................................... days.
Dated this ......... day of ................... 20 ......... ...................................... Authorised Police Officer Note: Unless the fee is paid on the day the notice is issued, the amount will increase on a daily basis as provided for in the Motor Traffıc (Impound Fees and Notices) Regulations 2020.
614,001 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 145 Date: 30/8/2022 Time: 17:30:37 bwpageid:: 614001:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU [The next page is 615,201] Service 0 614,002 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 146 Date: 30/8/2022 Time: 17:30:37 bwpageid:: 614002:: bwservice::0:: CODE OF PRACTICE REPUBLIC OF NAURU MOTOR TRAFFIC ACT 2014 IMPAIRMENT TESTS A.

INTRODUCTION 1.
INTRODUCTION 1.

The Motor Traffıc Act 2014 (‘Act’) as amended on 23rd October 2020 introduced the impairment tests for the assessment of a person who is found to be driving or in charge of a motor vehicle under the inﬂuence of intoxicating liquor.

This Code is to ensure a uniform assessment and procedure by authorised persons in performing impairment tests to determine whether a person is under the inﬂuence of intoxicating liquor.

2.
2.

The impairment tests assess or determine the ability of the person to divide his or her attention to more than one task.

In carrying out the impairment tests, the authorised officer is assessing 3 things: (a) a person’s ability to divide his or her attention to more than one task; (b) the person’s balance; and (c) the person’s coordination.

3.
3.

The Act provides for the following assessments: (a) a walk and turn assessment; (b) an eye assessment; (c) pupillary assessment; (d) balance assessment; (e) a ﬁnger to nose assessment; and (f) a 1 leg stand assessment.

4.

The police officers authorised to carry out the tests, must, in addition to the necessary training, be provided with and keep a copy of this Code at all times.

B.

APPROVAL OF AUTHORISED OFFICERS 5.


The Commissioner of Police must authorise police officers to carry out the impairment tests after being satisﬁed that such police officers have attained the necessary skills to carry out an objective assessment of any person found to be driving or in charge of a motor vehicle while being under the inﬂuence of intoxicating liquor.
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Authorised police officers must give clear instructions to a person prior to carrying out the impairment tests.

7.

In order to determine or assess whether a person is under the inﬂuence of intoxicating liquor, an authorised police officer must carry out 2 separate tests.
That is, each person is subject to 2 impairment assessments.

This ensures a more objective assessment of a person’s impairment status.

D. THE CATEGORIES OF TESTS: (a) Walk and turn assessment: Before a walk-and-turn test begins, the officer must give clear instructions to the driver.

The person must follow the police officer’s instructions in performing the physical movements.
The police officer must clearly instruct a person to: (i) take twelve steps forward; (ii) walk heel-to-toe; (iii) walk along a straight line; (iv) turn on one foot; and (v) return twelve steps in the opposite direction.

In carrying out this test, the police officer must look for 8 signs of the person being impaired.
A person may be impaired if he or she: (i) starts walking before the police officer completes giving instructions; (ii) cannot keep balance while listening to the instructions; (iii) does not touch heel-to-toe; (iv) does not walk in straight line; (v) loses balance while turning; (vi) stops while walking to regain balance; (vii) takes an incorrect number of steps; and (viii) uses arms to balance.
(b) Eye assessment: Before carrying out an eye assessment, the police officer must: a. ascertain that the person understands and is able to follow the instructions; b. ascertain whether the person wears glasses or contact lenses.

A person must remove his or her glasses or hard contact lenses before the assessment is carried out.

instruct the person to be assessed to: c. (i) look straight ahead; (ii) keep his or her eyes open; and (iii) focus on the stimulus and follow the stimulus with his or her eyes.
The police officer must place the stimulus (penlight) at a comfortable distance (about 12 to 15 inches away) from the person’s eyes.

The stimulus must be held above eye level so that the person’s eyes are wide open when they look directly at it.

The person must be able to follow the stimulus with his or her eyes.

If the person’s eyes are twitching at a certain angle, this is a sign of having a high blood alcohol level.
(c) Pupillary assessment: Before a pupillary assessment, the police officer must: a. instruct the person to be assessed to: (i) look straight ahead; Service 0 615,202 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 148 Date: 30/8/2022 Time: 17:30:37 bwpageid:: 615202:: bwservice::0:: CODE OF PRACTICE (ii) keep his or her eyes open.

b. ascertain the person understands and is able to follow the instructions; c. ascertain whether the person wears glasses or contact lenses.
The assessment must be undertaken using a gauge to be held adjacent to the appropriate side of the person’s face to allow the police a process of comparison to estimate the size of the person’s pupil.

The police officer must record if the person’s eyes are watery and whether the eyes display any redness.
(d) Balance assessment; Before carrying out the balance assessment, the police officer must instruct the person: (i) to stand up straight with heels and toes together and with arms down on the person’s sides; (ii) to remain in that position while the remaining instructions are given; and (iii) not to begin or do anything until he or she is told to.
Thereafter, the police officer must require the person to: (i) tilt his or head head back slightly and then close his or her eyes; (ii) to bring his or her head forward, open his or her eyes and say stop when he or she thinks 30 seconds has passed.
The police officer must record whether: (i) the person was able to balance while being instructed; (ii) the person sways, steps or raises arms during the test; (iii) the person’s eyes were open; (iv) the person’s head was lowered; (v) the person was able to complete the assessment; (vi) the person asked to stop the assessment.
(e) Finger to nose assessment: Before carrying out the ﬁnger to nose balance assessment, the police officer must instruct the person to: (i) close his or her eyes; (ii) tilt the head back slightly; and (iii) touch the nose with the index ﬁnger.

This is repeated 3 times on each hand, for a total of 6 attempts.

While performing this assessment, the police officer must look for a number of signs that indicate that the person is under the inﬂuence of intoxicating liquor.
These include: (i) inability to follow instructions; (ii) swaying or person unable to keep balance; (iii) eyelid or body tremors; (iv) speaking or making sounds during the test; and (v) failing to touch ﬁnger to nose.

The police officer must note when the person shows 2 or more signs of impairment.

(f) One leg stand assessment: A 1 leg stand assessment is a divided attention test.

The police officer must give clear instructions to a person before conducting a one leg stand assessment.
The police officer must instruct the person to stand with one foot about 6 inches off the ground and keep his or her arms down at the person’s sides.

The police officer must then instruct the person to count from 1,001 (one-thousand-one, one thousand two, etc.)

until the police officer instructs the person to put his or 615,203 Service 0 Job: (unknown)/ron/allvols/serv_1/RON.MTA Page: 149 Date: 30/8/2022 Time: 17:30:38 bwpageid:: 615203:: bwservice::0:: LAWS OF THE REPUBLIC OF NAURU her foot down.
The police officer must not unnecessarily prolong the test.

While the person is counting down, the police officer must look for these signs whether it is demonstrated by the person undergoing the test: (i) hopping to maintain balance; (ii) putting the foot down; (iii) swaying while balancing; and (iv) using arms to balance.

The police officer must note when the person shows 2 or more signs of impairment under this test.

8.
8.

All impairment tests administered and carried out by authorised police officers shall be recorded in an appropriate form approved by the Commissioner of Police.

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