ROAD TRAFFIC REGULATIONS, 2012 L.I. 2180

Vehicular transport in Ghana has grown with economic activity and ever-increasing car ownership levels. The demand has increased because of the urban sprawl, the evolving services sector, lack of a reliable public transport system and the Ghanaian mentality which sees car ownership as a status
symbol. With so many cars and trucks on our roads, the motor vehicle has become a fact of life for Ghanaians. But our reliance on them comes at a cost. Many have died or sustained serious injuries in traffic accidents.

The Road Traffic Regulations of 2012 have detailed information from the acquisition of licences to interpretation. Few of the provisions and sections would be quoted without further explanation.

Production of driver’s licence

(1) A person driving a motor vehicle shall, while driving the motor vehicle, carry that person’s original driver’s licence.

(2) A person driving or in charge of a motor vehicle on a road shall, on the request by a police officer in uniform or an authorised officer of the Licensing Authority, produce the driver’s licence that authorises that person to drive the motor vehicle for inspection.

(3) Despite sub regulation (2), a police officer in uniform may request a person to produce, within twenty-four hours, the driver’s licence of that person to that officer, at a designated police station or to another police officer as may be directed by the officer.

(4) Where a person driving a motor vehicle is required to produce a licence a certificate or a document relevant to driving the motor vehicle, that person shall produce it immediately or within twenty-four hours of being required to produce the licence, certificate or document.

 (5) A police officer in uniform and not below the rank of an Inspector, may where necessary, retain the driver’s licence for the period that that licence is required, and shall issue an official receipt for the retention.

(1) A person shall not drive a motor vehicle unless that motor vehicle has a windscreen, a window or partition made of a transparent material that

(a) affords the person driving sufficient visibility for safe driving of the motor vehicle;

(b) in the case of a windscreen, other than a windscreen fitted to a motor cycle or motor tricycle, is made of glass; and (e) is made of safety glass and is permanently marked with the name or trade mark of the manufacturer.

(2) Despite the provisions of sub regulation I(b) and I (e), the transparent material

(a) for a window

(i) in the roof of a motor vehicle, or

(ii) partition of a bus or a mini-bus, or partition of a semi-trailer designed or adapted for the conveyance of passengers, may consist of ultra-high impact acrylic or polycarbonated plastic material with each pane permanently marked with the name or trademark of the manufacturer or the trade name of the material that clearly identifies the material as ultra-high impact acrylic or polycarbonated plastic material; or

(b) for a window or partition or a removable or collapsible hood or canopy of a motor vehicle, may consist of flexible plastic material.

(3) A person shall not drive a motor vehicle with a tinted front windscreen.

(4) A person may drive a motor vehicle which has glass other than the windscreen and front glass tinted with light transmittance of at least seventy per cent to allow the occupants to see and be seen, if

(a) the film or tinting material applied to the windscreen or window or partition is free from bubbles or tears or scratches; or

(b) the film or material applied to the windscreen or window has a textured surface or is a fixture or an attachment but does not reduce the visibility of the person driving the motor
vehicle in any direction.

(5) Sub regulation (3) does not apply to an ambulance, a hearse or a motor vehicle authorised by the Licensing Authority.

(6) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty five and not more than fifty penalty units or to a term of imprisonment of not less than thirty days and not more than three months or to both.

Prohibition on use of communication device while driving

(1) A person shall not drive a motor vehicle on a road or in a public place while holding, using or operating a cellular or mobile telephone or any other communication device in one or both hands.

(2) A person shall not supervise the holder of a Learner’s Licence whilst the person who is driving the vehicle is using

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in sub regulation (5).

(3) A communication device referred to in sub regulation (1) and (2) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving information.

(4) Despite sub regulations (1) and (2) a person may, whilst that person is driving or supervising the holder of a Learner’s Licence who is driving a motor vehicle, use a telephone or other device to call the police, fire ambulance or other emergency service, if it is unsafe or impracticable for the person to cease driving in order to make the call.

(5) For the purposes of this regulation,

(a) a mobile telephone or other communication device is hand- held, if it is or has to be held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b) interactive communication function includes:

(i) sending or receiving oral or written messages; (ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and (iv) providing access to the Internet; and (c) two-way radio means a wireless telegraphy apparatus which is designed or adapted for the purpose of transmitting and receiving spoken messages.

(6) Sub regulation (1) does not apply to the following persons while those persons are driving in execution of their duties and the use of the mobile phone or other communication device is required in the execution of the duty:

(a) a person driving a fire-fighting vehicle;

(b) a person driving a rescue vehicle or an ambulance;

(c) a traffic officer;                           .

(d) a police officer;

(e) an officer of the Armed Forces; or (f) an officer of any other recognised Government Security Agency or an emergency service provider.

(7) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.