The Provincial Motor Vehicle (N.W.F.P Amendment) Act, 1999

NOTIFICATION.
13th October, 1999.
No. PA/NWFP/Legis:I/99/24277.—The Provincial Motor Vehicles (North-West Frontier Province Amendment) Bill, 1999, having been passed by the Provincial Assembly of North-West Frontier Province on the 22nd September, 1999 and assented to by the Governor of North-West Frontier Province on 7th October, 1999, is hereby published as an Act of the Provincial Legislature of North-West Frontier Province.

THE PROVINCIAL MOTOR VEHICLES (NORTH-WEST FRONTIER PROVINCE AMENDMENT) ACT, 1999.
(N.W.F.P. ACT NO. X OF 1999)
[First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of the North-West Frontier Province (Extraordinary), dated the 13th October, 1999.]
AN
ACT
further to amend the Provincial Motor Vehicles Ordinance, 1965.
Preamble.—WHEREAS it is expedient further to amend the Provincial Motor Vehicles Ordinance, 1965, for the purposes hereinafter appearing;
It is hereby enacted as follows:-
1.        Short title and commencement.— (1) This Act may be called the Provincial Motor Vehicles (North-West Frontier Province Amendment) Act, 1999.
(2)        It shall come into force at once.
2.        Amendment of section 116-A of W.P. Ord XIX of 1965.— In the Provincial Motor Vehicles Ordinance, 1965 (W.P. Ord. XIX of 1965), hereinafter referred to as the said Act, for section-116A the following shall be substituted, namely:
"116 A. Fine on spot.- (1) In any area to which Government has, by notification in the official Gazette, applied the provisions of this section, a police officer in uniform not below the rank of a Sub-Inspector, may, notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force, charge on the spot any person committing in his view an offence mentioned in the Twelfth Schedule in respect of a motor vehicle.
(2)        A police officer acting under sub-section (1)   shall draw up a charge in Form J, as set forth in the First Schedule, and shall—

forthwith deliver four copies thereof to the offender, who shall acknowledge its receipt under his signature or thumb-impression, as the case may be;
within twenty-four hours forward the fifth copy of the charge to the court having jurisdiction to try the offence; and
retain the sixth copy for record.

A person charged with an offence under this section shall, if he does not want to contest the charge, pay, within seven days from the date of delivery of the charge to him under sub-section (2), the penalty specified for the offence in the Twelfth Schedule, as mentioned in the charge, through cash in any branch of the National Bank of Pakistan/Bank of Khyber under intimation to the concerned police officer or police station specified therein.
The Bank shall retain one copy of the challan for record, send second copy to the treasury and third copy to the police station concerned while fourth copy shall be handed over to the depositor.
If the fine is not paid in the manner provided in sub-section (3), the police officer drawing up the charge shall lay a complaint against the offender before the court having jurisdiction to try the offence.
A police officer authorised to act under sub-section (1) and the beat/ staff on duty shall, as an incentive, be paid five per cent and ten per cent respectively of the total fine recovered from the offender by the Bank at the end of each month after verification by the Superintendent of Police (Traffic), of the district concerned.

3. Amendment of First Schedule to W.P. Ord. XIX of 1965.— in the First Schedule,-

for 'Form J' the Form specified in Appendix I to this Act shall be substituted; and
'Form K' shall be deleted.

4. Substitution of Twelfth Schedule to W.P. Ord. XIX of 1965.— For the 'TWELFTH SCHEDULE' the SCHEDULE specified in Appendix II to this Act shall be substituted.
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APPENDIX I
“FORM J”
See Section 116A(2)

Ticket No. Book No	Ticket No. Book No	Ticket No. Book No	Ticket No. Book No	Ticket No. Book No	Ticket No. Book No
Name of offender …….	Name of offender …….	Name of offender …….	Name of offender …….	Name of offender …….	Name of offender …….
Address of offender	Address of offender	Address of offender	Address of offender	Address of offender	Address of offender
Registration No. and description of motor vehicle ……………	Registration No. and description of motor vehicle ……………	Registration No. and description of motor vehicle ……………	Registration No. and description of motor vehicle ……………	Registration No. and description of motor vehicle ……………	Registration No. and description of motor vehicle ……………
Particular of offence ……..	Particular of offence ……..	Particular of offence ……..	Particular of offence ……..	Particular of offence ……..	Particular of offence ……..
Date of charge	Date of charge	Date of charge	Date of charge	Date of charge	Date of charge
Fine imposed Rs	Fine imposed Rs	Fine imposed Rs	Fine imposed Rs	Fine imposed Rs	Fine imposed Rs
Name of Court having jurisdiction ……..	Name of Court having jurisdiction ……..	Name of Court having jurisdiction ……..	Name of Court having jurisdiction ……..	Name of Court having jurisdiction ……..	Name of Court having jurisdiction ……..
Name of Police Station to which intimation of payment of fine is to be made	Name of Police Station to which intimation of payment of fine is to be made	Name of Police Station to which intimation of payment of fine is to be made	Name of Police Station to which intimation of payment of fine is to be made	Name of Police Station to which intimation of payment of fine is to be made	Name of Police Station to which intimation of payment of fine is to be made
Signature thumb-impression of the offender	Signature thumb-impression of the offender	Signature thumb-impression of the offender	Signature thumb-impression of the offender	Signature thumb-impression of the offender	Signature thumb-impression of the offender
Note- The amount of fine specified in this ticket is to be deposited within seven days at any branch of the National Bank of Pakistan/Bank of Khyber and copy of receipt forwarded to the Police Officer or Police Station specified in this ticket.	Note- The amount of fine specified in this ticket is to be deposited within seven days at any branch of the National Bank of Pakistan/Bank of Khyber and copy of receipt forwarded to the Police Officer or Police Station specified in this ticket.	Note- The amount of fine specified in this ticket is to be deposited within seven days at any branch of the National Bank of Pakistan/Bank of Khyber and copy of receipt forwarded to the Police Officer or Police Station specified in this ticket.	Note- The amount of fine specified in this ticket is to be deposited within seven days at any branch of the National Bank of Pakistan/Bank of Khyber and copy of receipt forwarded to the Police Officer or Police Station specified in this ticket.	Note- The amount of fine specified in this ticket is to be deposited within seven days at any branch of the National Bank of Pakistan/Bank of Khyber and copy of receipt forwarded to the Police Officer or Police Station specified in this ticket.	Note- The amount of fine specified in this ticket is to be deposited within seven days at any branch of the National Bank of Pakistan/Bank of Khyber and copy of receipt forwarded to the Police Officer or Police Station specified in this ticket.

APPENDIX
“TWELFTH SCHEDULE”

PART-I
MOVING VIOLATIONS

S.No.	VIOLATIONS	PENALTY
1	2	3
1.	Exceeding prescribed speed limit	Rs. 100.00
2.	Carrying passengers in a public service vehicle exceeding permissible limit.	Rs. 100.00
3.	Violation of traffic signals (manuals/electrical).	Rs. 100.00
4.	Over loading by public transport vehicles (goods carriers).	Rs. 100.00
5.	Overtaking where prohibited	Rs. 100.00
6.	Failure to yield the right of way to other vehicles	Rs. 50.00
7.	Obstructing movement of emergency vehicles.	Rs. 50.00
8.	Loading in excess of the restriction of dimension of goods.	Rs. 100.00
9.	Driving at night without proper lights.	Rs. 50.00
10.	Driving on the wrong side of the road.	Rs. 100.00
11.	Disobeying traffic signals.	Rs. 200.00
12.	Improper crossing of railway track.	Rs. 50.00
13.	Following too closely or cutting too sharply.	Rs. 100.00
14.	Driving with tinted/covered glasses obstructing visibility from within the vehicle.	Rs. 100.00
15.	Jumping traffic queue.	Rs. 50.00
16.	Failing to dip head lights for other traffic	Rs. 50.00
17.	Driving wrong way in one way street.	Rs. 100.00
18.	Using turn indicator for any purpose other than those prescribed.	Rs. 100.00
19.	Plying where prohibited	Rs. 50.00
20.	Improper loading of goods/improper loaded goods.	Rs. 100.00
21.	Failing to observe lighting hours.	Rs. 50.00
22.	Obstructing traffic.	Rs. 100.00
23.	Failure to observe low sign.	Rs. 50.00
24.	Riding motor cycle without safety helmet.	Rs. 50.00
25.	Failure to stop for a school bus.	Rs. 50.00
26.	Turning where prohibited.	Rs. 50.00
27.	Failure to protect learner drivers.	Rs. 50.00
28.	Failure to yield right of way to pedestrians.	Rs. 50.00
29.	Reckless and negligent driving.	Rs. 200.00
30.	Driving without driving licence.	Rs. 300.00
31.	Driving an unregistered vehicle.	Rs. 100.00
32	Driving motor vehicle without insurance coverage.	Rs. 50.00
33.	Driving a transport vehicle without or with a defective speedo meter.	Rs. 50.00
34.	Opening door dangerously.	Rs. 100.00
35.	Improper turning (Turn from wrong lane).	Rs. 50.00
36.	Improper lane usage.	Rs. 50.00
37.	Blowing horn in silence zone.	Rs. 50.00
38.	Improper U-turn	Rs. 50.00
39.	Refusal to produce licence	Rs. 100.00
40.	Failing to stop when required by Traffic Police.	Rs. 100.00
41.	Driving without fitness certificate.	Rs. 100.00
42.	Driving a vehicle exceeding prescribed weight limit.	Rs. 100.00
43.	Using vehicle in unsafe condition.	Rs. 100.00
44.	Using pressure/musical horns.	Rs. 100.00
45.	Driving vehicle in violation of law/rules not otherwise provided.	Rs. 100.00
46.	Smoke emitting vehicles.	Rs. 200.00
47.	Juvenile driving.	Rs. 150.00
48.	Repeating the same violating.	Rs. 400.00
49.	Abetment of the above violations.	Rs. 100.00

PART-II
PARKING VIOLATIONS

S.No.	VIOLATIONS	PENALTY
1.	Parking more than 0.5 meter from the kerb.	Rs. 50.00
2.	Parking on a sidewalk.	Rs. 50.00
3.	Parking less than 0.5 meter from another car.	Rs. 50.00
4.	Parking on a zebra crossing.	Rs. 50.00
5.	Parking less than 3 meters from fire hydrant.	Rs. 50.00
6.	Parking less than 10 meters from fire stop sign.	Rs. 50.00
7.	Parking less than 10 meters from intersection.	Rs. 50.00
8.	Parking in a "No parking" zone.	Rs. 100.00
9.	Parking in front of an entrance to a premises.	Rs. 50.00
10.	Unauthorised parking at a bus stop.	Rs. 100.00
11.	Parking on bridge.	Rs. 100.00
12.	Offences relating to parking meters exceeding time limit by each half an hour should not be violation of motor parking.	Rs. 50.00

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