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Chapter: | 132BK
 | Title: | PUBLIC CLEANSING AND PREVENTION OF NUISANCES REGULATION | Gazette Number: | L.N. 320 of 1999; 59 of 2000 |
| Section: | 9 | Heading: | Carrying of mud etc. onto any street | Version Date: | 01/01/2000 |
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3
(1) No person shall drive or use, or cause or permit to be driven or used, any cart, vehicle or motor vehicle, or any agricultural implement or machine in any street or public place unless-
(a) any material likely to result in littering or injuring the surface of the street or public place, which is adhering to the wheels, framework or body thereof, has been previously removed therefrom so far as is reasonably practicable; and (L.N. 161 of 1973; L.N. 401 of 1981)
(b) any load likely to result in littering or injuring the surface of the street or public place, which is carried thereon is so secure and packed that no part or content thereof may fall, escape or be blown therefrom, onto the street or public place. (L.N. 161 of 1973)
(2) Subject to subsection (4), if a contravention of subsection (1) is committed by means of a motor vehicle, the registered owner or hirer of the motor vehicle at the time when the contravention was committed shall be guilty of an offence unless he proves that at the time of the contravention the motor vehicle had been taken and driven away without his consent by a person other than a driver employed by him or was stolen. (L.N. 401 of 1981)
(3) Save as provided in subsection (2), it shall be no defence for the registered owner or hirer to prove that- (L.N. 401 of 1981)
(a) at the time of the contravention the motor vehicle was driven by or was in the charge of a person other than the registered owner or hirer; or (L.N. 401 of 1981)
(b) the contravention was committed without his knowledge or consent; or
(c) the person who committed the offence under subsection (1) has not been prosecuted. (L.N. 401 of 1981)
(4) If a contravention of subsection (1) is committed by means of a motor vehicle owned by the State, the driver of the motor vehicle at the time of the contravention shall be guilty of an offence. (59 of 2000 s. 3)(78 of 1999 s. 7)