The Road Traffic (Amendment) Act 2026: What Mauritian Drivers Need to Know

On 4 September 2026, President Dharambeer Gokhool assented to the Road Traffic (Amendment) Act 2026 (Act No. 15 of 2026), following its passage by the National Assembly on 1 September 2026. The Act makes sweeping changes to the Road Traffic Act, significantly increasing penalties for a range of offences, introducing entirely new offences, and creating a new regime for the seizure of vehicles from drivers suspected of driving under the influence.

Most provisions will come into force on a date to be fixed by Proclamation, with the possibility of different commencement dates for different sections.

Below, we break down the key changes and what they mean in practice.

1. Digital Driving Licences

The Act formally introduces the concept of a “digital driving licence” — an electronic version of a driving licence in a form to be prescribed by regulation.

Section 46 of the principal Act is amended so that, instead of producing “an up-to-date photocopy… of the original driving licence,” a driver may now produce a digital driving licence.

The penalty for failing to produce a licence, or digital licence, on request is also overhauled: rather than a flat fine “not exceeding 2,000 rupees,” offenders now face a fine of between 2,000 and 10,000 rupees.

2. Sharply Higher Penalties for Serious Driving Offences

The Act substantially raises fines — in some cases doubling them — for several core offences:

• Section 123B, aggravated offences, presumably causing death/serious injury by dangerous driving: the base penalty band rises from 50,000–100,000 rupees to 100,000–250,000 rupees, and the aggravated band rises from 200,000–500,000 rupees to 400,000–800,000 rupees.
• Section 123D: penalties increase from 50,000–100,000 rupees to 200,000–500,000 rupees, and the aggravated tier from 200,000–500,000 rupees to 500,000–1,000,000 rupees.
• Disqualification periods under the Second Schedule are also lengthened: minimum disqualification for section 123B offences rises from 2 to 3 years, and from 5 to 7 years for repeat/aggravated cases, while for section 123D offences it rises from 3 to 5 years, and from 5 to 10 years.
• Both sections 123B and 123D now expressly give the District Court or Intermediate Court jurisdiction to try these offences and impose the full range of penalties, overriding the usual jurisdictional monetary caps in the Courts Act and the District and Intermediate Courts (Criminal Jurisdiction) Act.

3. A New Offence: Causing Death While Driving Without a Licence

A significant new provision, section 123BA, creates a standalone offence of causing the death of another person while driving without holding a driving licence, provisional licence, or international driving permit.

Penalties are severe:

• First conviction: a fine of 200,000–500,000 rupees and up to 5 years’ imprisonment.
• Second or subsequent conviction: a fine of 500,000 rupees to 1 million rupees and imprisonment of between 12 months and 8 years.

A conviction also triggers a mandatory minimum 5-year disqualification from holding or obtaining a driving licence in Mauritius.

Notably, the Act excludes the usual avenues of leniency: suspended sentences, probation, and community service orders are not available to a person sentenced under this section.

4. Refined Procedure for Suspected Impaired Drivers

Sections 123L and 123LA, which deal with people believed to be under the influence of alcohol or drugs, are reworked.

Previously, a police officer would apply to a Magistrate for an order, essentially in the person’s absence in some respects. Now the amended procedure requires that the person be physically brought before a Magistrate at the earliest opportunity once they are no longer impaired.

The Magistrate makes an order only after hearing evidence on oath, in the interest of public safety.

Where a Magistrate cannot decide the same day, the person must surrender their licence until a decision is reached.

The disqualification periods available to a Magistrate under section 123LA(4) are also doubled — from 2 to 6 months, and from 6 to 12 months.

5. Mobile Phones and Interactive Devices: Broader and Costlier

Section 123AE is renamed and reworked to prohibit using a handheld mobile phone or handheld interactive communication device while driving or while cycling.

The definition of “interactive communication device” is broadened considerably, expressly capturing internet access, messaging, sending/receiving documents or images, and devices such as laptops, personal digital assistants, pagers, and electronic games.

This offence is added to the Third Schedule, with disqualification periods of 5–10 months, and to the Fourth Schedule, where a fixed penalty notice (FPN) of 3,000 rupees now applies.

Transitional provisions preserve ongoing investigations and prosecutions for offences committed under the old wording before commencement.

6. New Offence: Road Rage

The Act inserts a new section 123AN, creating a dedicated “road rage” offence covering a wide range of conduct by any “road user”, including drivers, riders, cyclists, passengers, and pedestrians alike.

This includes:

• Assaulting or threatening another road user;
• Aggressive, threatening, violent, abusive or insulting words or behaviour;
• Using an offensive weapon to cause harm;
• Climbing/jumping onto another’s vehicle without authorisation;
• Forcibly opening or attempting to open another’s vehicle;
• Damaging another road user’s property or vehicle;
• Blocking or obstructing free passage on a road — explicitly including through an illegal gathering, demonstration, sit-in, or barricade; and
• Causing public fear or an act likely to trigger a breach of the peace.

Conviction carries a fine of 50,000–100,000 rupees and up to 12 months’ imprisonment.

Importantly, the offence does not stop applying merely because the conduct that began on a road continues into a private place.

7. A Major New Regime: Seizure of Vehicles for Drink/Drug Driving (Part VIIIB)

Perhaps the most operationally significant change is the insertion of an entirely new Part VIIIB, establishing a formal vehicle seizure regime for drivers who fail or refuse breath, drug, or field impairment tests, or whose test results exceed prescribed limits.

Key features include:

• Who is exempt: State-owned vehicles, including those of government companies and statutory bodies, and emergency vehicles are excluded from this Part.
• Seizure and safekeeping: Police may take custody of the vehicle and move it to a “place of safety”, meaning a police station or another place approved by the Commissioner of Police, affixing seals where practicable.
• Seizure notice: Officers must serve a detailed seizure notice within 2 days, covering the driver’s and owner’s names, the vehicle’s condition, items found inside, applicable fees, and the deadline for seeking release before the vehicle may be disposed of.
• Offences relating to seized vehicles: Breaking seals, removing a vehicle from a place of safety, or otherwise damaging it while seized is itself an offence, punishable by a fine of 50,000–100,000 rupees and up to 2 years’ imprisonment — with any resulting police expenses recoverable as a civil debt.
• Release procedure: Owners, or an authorised representative, may apply to the Commissioner of Police for release, submitting ID, proof of authorisation if applicable, proof of horsepower, valid insurance, and a valid roadworthiness certificate, along with prescribed fees.
• Disposal of unclaimed vehicles: If unclaimed within 3 months, and after one month’s public notice in two daily newspapers, the vehicle may be sold at auction or otherwise disposed of. Any surplus proceeds go to the owner, or are forfeited to Government if unclaimed within 12 months of the sale.
• Fees, Fifteenth Schedule: seizure fee of Rs 2,000 per 24-hour period, or part thereof; a non-refundable application fee of Rs 5,000; and a one-off release fee of Rs 10,000 — plus any towing costs.

8. Other Notable Amendments

• “Emergency vehicle” now expressly includes vehicles of the Mauritius Prison Service, alongside the Police.
• Section 125 penalties rise from a maximum of 1,000 rupees to a range of 50,000–100,000 rupees.
• Section 134(2)(b) penalties increase to 25,000–100,000 rupees.
• Section 188A is tightened so that certain notices must be given “by a police officer,” and evidentiary devices must now be approved by the Commissioner of Police rather than merely “prescribed.”
• Section 192 introduces a new option allowing certain FPN recipients to pay electronically within 28 days, though this option is unavailable for offences listed in the Third Schedule.
• Section 196 clarifies that certain penalties apply notwithstanding the Road Traffic Act itself and section 153 of the Criminal Procedure Act.
• The Fourth Schedule is updated to add an FPN for the mobile phone/device offence and to revise the fine for using a vehicle with an illegally altered silencer to 10,000 rupees.
• The Road Traffic (Amendment No. 3) Act 2019 is repealed, and Regulation 90 of the Road Traffic (Construction and Use of Vehicles) Regulations 2010 is revoked, with a consequential amendment to Regulation 83 addressing altered silencers.

What This Means in Practice

Taken together, the Road Traffic (Amendment) Act 2026 reflects a clear policy shift toward deterrence through significantly higher financial penalties, longer disqualification periods, and new criminal offences targeting unlicensed driving fatalities, distracted driving, and road rage.

The introduction of a vehicle seizure regime for drink and drug driving is a substantial new enforcement tool that will directly affect vehicle owners — not just drivers — since seizure, release, and disposal provisions apply to the vehicle regardless of who was driving it at the time.

Because commencement dates will be fixed by Proclamation and may differ from section to section, it will be important to monitor the Government Gazette for the specific dates on which each provision takes effect.

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact us directly.