National Road Traffic Act, 1996 (Act No. 93 of 1996)Chapter XV : General provisions80A. Power or local authority to make by-laws |
| 1) | Subject to the provisions of any law in relation to the procedure to be followed in the making, approval and promulgation of any by-law by a local authority, any local authority may, with the concurrence of the Premier concerned, make by-laws not inconsistent with the provisions of this Act or the laws of the province, in respect of – |
| a) | the safety of traffic on any public road, the duty of any user of such road and-the use of any such road by any vehicle; |
| b) | subject to the provisions of the Business Act, 1991 (Act No. 71 of 1991), and any regulation or by-law made thereunder in relation to the restriction, regulation or control of the carrying on of the business of street vendor, pedlar or hawker, the stopping and parking of any vehicle on any public road or portion thereof, including by-laws relating to the installation, regulation, supervision, maintenance and control of parking meters and parking places; |
| c) | the appointment and licensing of parking attendants and the withdrawal of any such licence; |
| d) | the driver or conductor of, or other person providing a service involving, a vehicle plying for hire or a vehicle which transports or conveys passengers for a tariff, |
| e) | subject to the provisions of the Business Act, 1991 (Act No. 71 of 1991 ), and any regulation or by-law made thereunder in relation to the restriction, regulation or control of the carrying on of the business of street vendor, pedlar or hawker, any public road which is not to be used by any vehicle, either generally or at specific times; |
| f) | the relative position of traffic of differing speeds and classes on the public road; |
| g) | the place where and time when a vehicle may not turn so as to face in the opposite direction to that in which it was proceeding or where it may only so turn under specified conditions; |
| h) | the loading and off-loading of any vehicle on a public road; |
| i) | the rules as to priority of entry of certain motor vehicles into a main thoroughfare; |
| j) | the use of a hooter, bell or other warning device and the conditions under which any such warning device may be used within any specified area, whether at all times or during specified periods; |
| k) | the appointment of an advisory traffic control board consisting of no fewer than three members to advise the local authority on all questions of traffic control; |
| l) | the use of any public road by traffic in general; |
| m) | the limitation of age of drivers of vehicles drawn by animals; |
| n) | any form or token which a local authority may deem expedient for the purposes of any by-law, and the nature and extent of any information to be furnished for the purpose of any such form; |
| o) | the enabling of any local authority in the event of any person failing to do anything required of him or her under any by-law to do such act and to recover the expenses thereof from the person in default; |
| p) | the mass of any goods which or the number of passengers who or animals which may be conveyed on a pedal cycle; |
| q) | the regulation, restriction, prohibition or control of the parking upon public roads of vehicles owned, kept or used by dealers or which have been placed in their custody or under their control in the course of any dealer’s business carried on by them; and |
| r) | any other matter in regard to which a local authority may make by-laws under this Act. |
| 2) | The power to make by-laws for any purpose referred to in subsection (1), shall include the power to restrict or prohibit any matter or thing in relation to that purpose, either absolutely or conditionally. |
| 3) | Any by-law under subsection (1) may be made to apply generally throughout the area of the local authority or within any specified part thereof or to any specified category of vehicle or person. |
| 4) | In so far as any by-law of a local authority, irrespective of whether it has been made under this Act or any other law, is incompatible with any regulation made under this Act, the regulation is in force. |
| 5) | Any by-law made under this section may provide for penalties for a contravention thereof, and may also provide for different penalties in case of successive or continuous breaches, but no penalty may exceed a fine or imprisonment for a period of six months. |