Facts
The accused Iddi Hamisi was charged and convicted on his own plea of riding a defective
pedal bicycle on a road contrary to sections 39(1)(a), 100 and 113(1) of the Road Traffic Act, 1973. The accused was riding a pedal bicycle A without hand brakes. He was convicted and sentenced to pay a fine of shillings 100/=. The case came for revision at the High Court.
Held: (i) S. 39(1)(a) of the Road Traffic Act, 1973 prohibits the driving of defective motor vehicles or trailers on public roads
(ii) s. 2 of the Act defines a motor vehicle as a self-propelled vehicle intended or adopted for use on roads and includes an engineering plant
(iii) a bicycle is neither a self-propelled vehicle to be categorised as a motor vehicle nor is it a vehicle designed to be drawn or propelled by a motor vehicle to be called a trailer, therefore, s. 39(1)(a) of the Road Traffic Act which prohibits the driving of defective motor
vehicles on public roads does not apply to bicycles.
(iv) the accused should have been charged under rule 32 of the Road Traffic Rules and not under section 39(1)(a) of the Road Traffic Act.
Case Information
Order accordingly.
No case referred to.
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