CHAPTER 464
ROADS AND ROAD TRAFFIC ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ROADS: GENERAL

   3.   Classification of roads

PART IIA
Repealed

PART IIB
Repealed

   4.   Territorial main roads

   5.   District roads

   6.   Branch roads

   7.   Rural roads

   8.   Estate roads

   9.   Exemption of roads from certain provisions of this Act

   10.   Public roads dedicated to public use

   11.   Service of notice in Reserves, etc.

   12.   Highway authorities in local authority areas

   13.   Width of roads

   14.   Control points of access, structures, etc.

   15.   Opening of branch roads

   16.   Report and recommendations to be submitted to Minister

   17.   Branch roads may be designated district roads

   18.   Consideration and determination of application

   19.   Reclassification, closure or diversion of road

   20.   Notice to be given

   21.   Disposal of storm water

   22.   Storm water from land adjoining

   23.   Control of roads and traffic

   24.   Powers of highway authority to control traffic

   25.   Traffic signs

   26.   Temporary traffic signs

   27.   Control of advertisements

   28.   Removal or alteration of advertisements

   29.   Exceptions

   30.   Experimental schemes of traffic control

PART III
CARE, MAINTENANCE AND CONSTRUCTION OF ROADS

   31.   Care, maintenance and construction of roads

   32.   Liability of highway authorities and their staff

   33.   Power of highway authority to enter upon land

   34.   Power to construct and maintain deviations

   35.   Power to reserve land for proposed roads

   36.   Reservation of road reserve

   37.   Withdrawal or modification of reservation

   38.   Unauthorised acts on reserved land

   39.   Compensation

   40.   Power to take materials for roadworks

   41.   Highway authorities’ employees may park vehicles, erect huts, etc., on private land

   42.   Contractors may exercise rights granted to highway authority

   43.   Power to undertake ancillary works

   44.   Provision of footpaths, cycle tracks, etc.

   45.   Ferries and pontoons

   46.   Power to make rules controlling the construction of cattle grids

   47.   Prevention of damage, etc., to roads

   48.   Regulation of undertakers’ works

   49.   Execution of undertakers’ works

   50.   Undertakers to provide warning and safety precautions

   51.   Works at railway crossings

   52.   Removal of apparatus

   53.   Powers enjoyed by electricity undertakings

   54.   Limitation of time in which works may be executed

PART IV
ROAD BOARDS

   55.   Constitution of road boards

   56.   Disqualifications

   57.   Vacation of office

   58.   Suspension or removal of member

   59.   Period of membership

   60.   Vacancies

   61.   Quorum

   62.   Functions of road boards

   63.   Interest of members

PART V
Repealed

PART VI
Repealed

PART VII
Repealed

PART VIII
Repealed

PART IX
Repealed

PART X
Repealed

PART XI
Repealed

PART XII
Repealed

PART XIII
Repealed

PART XIV
Repealed

   260.   Repealed

   261.   Repealed

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

AN ACT

to make provision for the care, maintenance and construction of roads in Zambia, for the control of motor traffic, for the licensing of drivers and motor vehicles, for the compulsory third party insurance of motor vehicles, for the licensing and control of public service vehicles and public services, and for other miscellaneous provisions relating to roads and motor traffic.

[6th March, 1959]

Act 37 of 1958,

Act 19 of 1959,

Act 26 of 1959,

Act 38 of 1960,

Act 17 of 1961,

Act 24 of 1963,

Act 25 of 1963,

Act 37 of 1963,

Act 37 of 1965,

Act 19 of 1966,

Act 44 of 1968,

Act 4 of 1969,

Act 25 of 1969,

Act 50 of 1970,

Act 3 of 1971,

Act 42 of 1971,

Act 3 of 1973,

Act 6 of 1973,

Act 33 of 1973,

Act 35 of 1974,

Act 3 of 1975,

Act 10 of 1976,

Act 6 of 1977,

Act 15 of 1979,

Act 4 of 1985,

Act 3 of 1988,

Act 29 of 1989,

Act 30 of 1990,

Act 14 of 1991,

Act 7 of 1992,

Act 14 of 1993,

Act 12 of 1994,

Act 13 of 1994,

Act 35 of 1995,

Act 4 of 1996,

Act 4 of 1997,

Act 22 of 2000,

Act 11 of 2002,

GN 275 of 1964,

GN 293 of 1964,

GN 497 of 1964,

SI 36 of 1964,

SI 122 of 1965.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Roads and Road Traffic Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“advertisement” includes any structure or apparatus erected, or intended, for the display of advertisements, but shall not include a traffic sign prescribed or authorised under the provisions of section 25;

“Agricultural Officer” means an Agricultural Officer or a Land Settlement Officer of the Government, and any other person declared by the Minister by Gazette notice to be an Agricultural Officer;

“animal” means any horse, cattle, ass, mule, sheep, pig, goat or dog;

“auto cycle” means a bicycle which has pedals and a motor attached and can be propelled by means of such pedals and by mechanical or electrical power from such motor;

“axle weight” means, in relation to an axle of a vehicle, the aggregate weight transmitted to the surface of the road or other base whereon the vehicle moves or rests by the several wheels attached to that axle;

“bicycle” shall include a tricycle;

“carriageway” means that part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but shall not include a cycle track;

“code” means the Highway Code authorised under section 257;

“the Commissioner” means the Road Traffic Commissioner appointed under this Act, and shall include the Deputy Road Traffic Commissioner and an Assistant Road Traffic Commissioner when exercising such functions of the Road Traffic Commissioner as may be delegated to him by the Road Traffic Commissioner under the provisions of section 64;

“concession” means an exclusive concession granted under the provisions of section 178;

“concession area” or “concession road” means any area or road, as the case may be, in or on which a concession holder is authorised by his concession to provide a motor omnibus service;

“concession holder” means a person to whom a concession has been granted;

“construction vehicle” means—

      (a)   a motor vehicle incorporating water-boring machinery, or construction machinery of the nature of a crane, grader, shovel, scraper, pipelayer, cablelayer, or of such other nature as may be prescribed;

      (b)   any motor vehicle or class of motor vehicle which may be regulation be declared to be a construction vehicle;

“contract car” means a motor vehicle primarily constructed or adapted for the carriage of passengers and having seating accommodation for not more than seven persons other than the driver which is let out on hire to a hirer who is himself to drive or provide the driver for such motor vehicle;

“Customs Clearance Certificate” shall have the meaning assigned to it by section 66;

[Ins by s 2 of Act 22 of 2000.]

“cycle track” means a portion of a road exclusive of the carriageway set aside for use solely by persons riding bicycles;

“driver”, in relation to a vehicle, means the person or persons having control of the steering apparatus thereof, and in respect of a trailer, means the person or persons driving the vehicle by which the trailer is being drawn, and in respect of an animal-drawn vehicle, means the person or persons driving the animals; and “drive” has a corresponding meaning;

“driving examiner” means any person appointed under the provisions of this Act to examine persons for driving licences;

“existing operator” means any person who, at the date of the grant of a concession, is providing a motor omnibus service along any road or in any area in respect of which such concession is granted;

“fare” means the amount paid or payable for a passenger’s conveyance in a public service vehicle or for the hire of a whole passenger-carrying public service vehicle, and includes any sum paid or payable for the conveyance of luggage in excess of any free allowance and any other sums lawfully charged or chargeable by the owner of a public service vehicle or by his representative in connection with the conveyance of a passenger in such vehicle;

“footpath” means a portion of a road exclusive of the carriageway set aside for use solely by pedestrians;

“free area” or “free road” means an area or road, as the case may be, to which no concession applies;

“gate” means a swing gate of sufficient width to allow the reasonable free use of the road, having regard to the traffic thereon, and of not less width than fourteen feet, having a balance or catch or other free fastener so fixed as to enable the gate to swing clear of the road free from drag;

“goods” includes goods or burden of any description;

“goods vehicle” means a motor vehicle constructed or adapted for use primarily for the carriage or haulage of goods, or a trailer so constructed or adapted;

“gridiron track” means a track constructed through an opening in a fence intersecting a road, with the object of allowing the passage of vehicles and preventing the passage of livestock;

“gross weight” means the net weight of a motor vehicle or trailer together with such weight of goods or passengers or both as the vehicle or trailer may be authorised in terms of this Act to carry;

“heavy trailer” means a trailer exceeding eight thousand pounds gross weight;

“heavy vehicle” means a motor vehicle exceeding eight thousand pounds gross weight;

“heavy goods vehicle” means a heavy vehicle, constructed or adapted for use for the carriage or haulage of goods, or a heavy trailer so constructed or adapted;

“highway authority” means the authority responsible for the construction, care and maintenance of any road or class of road in accordance with the provisions of this Act;

“hire car” means a public service vehicle having seating accommodation for not more than seven persons other than the driver which is let with a driver under contract over a period which is not less than twenty-four hours for the carriage of passengers otherwise than at separate fares;

“identity card” means, in the case of a police officer, a certificate of appointment or other document issued by or on behalf of the Commissioner of Police and, in the case of a road traffic inspector, a certificate of appointment or other document issued by or on behalf of the Commissioner, to enable the holder to be identified as a police officer or road traffic inspector, as the case may be;

“inter section” means the crossing of two or more roads;

“Interpol” means the International Criminal Police Organisation;

[Ins by s 2 of Act 22 of 2000.]

“Interpol Clearance Certificate” means a certifiicate issued by an Interpol officer under section 65A.

[Ins by s 2 of Act 22 of 2000.]

“intoxicating liquor” includes both intoxicating liquor as defined in the Liquor Licensing Act and traditional beer as defined in the Traditional Beer Act;

“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed five hundredweight and which is specially designed and constructed, and not merely adapted, for the use of persons suffering from some physical defect or disability and is used solely by such persons;

“laden weight” means the net weight of a motor vehicle or trailer, together with the actual weight of goods or passengers or both carried by such vehicle or trailer;

“licensing officer” means a person appointed as such under the provisions of section 64;

“light trailer” means a trailer fitted with pneumatic tyres, the gross weight of which does not exceed two thousand pounds;

“lighting-up time” means from sunset to sunrise;

“local authority” means a Municipal Council, Township Council or Mine Township Board, but does not include a Rural Council; and

“local authority area” means the area over which a local authority exercises jurisdiction;

“manufacturer’s permitted gross weight” means the weight that the manufacturer of a motor vehicle or trailer or his representative certifies that such vehicle or trailer has been built to carry, and in addition its own weight;

“motor cycle” means any motor vehicle—

      (a)   which is carried on two wheels only and includes any such motor vehicle with a sidecar or similar attachment, and an auto cycle; or

      (b)   which is carried on three wheels only, is not capable of being driven backwards under its own power, and does not exceed seven hundred pounds net weight;

“motor omnibus” means a public service vehicle, other than a hire car and a taxicab, hired for conveying passengers or otherwise used for conveying passengers for reward, whether at separate fares or otherwise;

“motor omnibus service” means a road service for the carriage of passengers in motor omnibuses but, save as provided by section 187, does not include the carriage of goods in, on or about any motor omnibus or any trailer attached thereto;

“motor vehicle” means any mechanically propelled vehicle intended for use, or capable of being used, on roads unless such vehicle shall have been specifically excluded by regulation from this definition;

“net weight” means the actual weight of a motor vehicle when unladen, but inclusive of the weight of the body, the full amount of water, fuel and accumulators which are normally carried or used for purposes of propulsion and the normal full equipment of loose tools and accessories, and, in the case of a trailer, means the actual weight of the trailer when unladen but inclusive of the normal full equipment of loose tools and accessories;

“owner” means, in relation to a vehicle other than a registered motor vehicle or trailer, the person having habitual possession and control thereof and, in relation to a registered motor vehicle or trailer, the person in whose name the motor vehicle or trailer is registered:

Provided that in the case of a vehicle or trailer which is the subject of a hire-purchase agreement, the term means the person in possession of the vehicle under that agreement;

“Panel” means the Road Transport Panel established under section 147;

“parcel” means any package not exceeding eleven pounds in weight, and not exceeding three feet six inches in length or six feet in length and girth combined;

“park” means to keep a vehicle, whether occupied or not, stationary for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or goods;

“pneumatic tyre” means a tyre composed of flexible material and when in use kept inflated at an air pressure greater than atmospheric pressure;

“prescribed” means prescribed by rules or regulations made under this Act;

“private motor car” means a motor vehicle (other than a public service vehicle, motor cycle or contract car) constructed or adapted for use primarily for the carriage of passengers and includes vehicles commonly known as “coupe imps” and “station-wagons”;

“private motor omnibus” means a motor vehicle, other than a public service vehicle, having seating accommodation for more than seven persons other than the driver;

“public place” includes any public way or place, other than a building, to which for the time being the public are entitled or permitted to have access either with or without condition;

“public road” means any road of a class described in section 3;

“public service vehicle” means a motor vehicle or trailer, other than a contract car, hired for conveying passengers or goods or both or otherwise used for conveying passengers or goods or both for reward:

Provided that for the purposes of this definition a hire-purchase agreement shall not be deemed to be a hiring.

Goods shall be deemed to be carried for hire or reward if the person who has purchased or otherwise acquired such goods from some other person transports them to any other place, and thereupon resells or otherwise disposes of them to the person from whom he purchased or otherwise acquired them;

“road” means any highway, and any other road to which the public have access and any public place to which vehicles have access and any road in any residential area, whether access to it is restricted or not, which is part of a municipality, township or mine township, and includes any bridge, ford, culvert or other work in the line of such road;

“road reserve” means any part of a road other than the carriageway, footpath and cycle track;

“road traffic inspector” means any person appointed as such by Gazette notice;

“structure” includes—

      (a)   any building, pole, power line, petrol pump, machinery, wall, plantation or hedge and any other object which could in like manner cause an obstruction; and

      (b)   any external alteration or addition to a structure;

“taxicab” means a public service vehicle having seating accommodation for not more than seven persons other than the driver which is let with a driver over a period of less than twenty-four hours for the carriage of passengers otherwise than at separate fares;

“ton” means one thousand kilogrammes;

“tractor” means a motor vehicle which is used for the purpose of drawing one or more trailers, but which is not itself designed to carry any load;

“traffic” includes vehicles, pedestrians, processions and bodies of troops, and all animals being ridden, driven or led;

“traffic sign” means any object or device, whether fixed or portable, for conveying warning, information, requirements, restrictions, prohibitions of any description prescribed or authorised under this Act to traffic or any specified description of traffic on any road, and includes any line or mark on a road for conveying such warnings, information, requirements, restrictions or prohibitions;

“trailer” means any vehicle which has no independent motive power of its own and which is drawn, or which is designed to be drawn, by a motor vehicle. It does not include a sidecar attached to a motor cycle, nor a farm implement that is not constructed or adapted for the conveyance of goods or burden of any description;

“Tribunal” means the Road Service Appeal Tribunal established under section 158;

“undertaker” means the authority, body or person by whom a statutory power to execute undertakers’ works is exercisable in the capacity in which that power is vested in them;

“undertakers’ works” means works (including works executed or to be executed on behalf of the Government) for any purposes other than road purposes, being works of any of the following kinds, that is to say:

      (a)   placing apparatus, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or changing the position of apparatus or removing it;

      (b)   breaking up or opening a road for the purposes of works mentioned in paragraph (a) of this definition, and tunnelling or boring under a road for those purposes, breaking up or opening a sewer, drain or tunnel for those purposes, and other works requisite for or incidental to those purposes, and shall include laying any pipeline, wire or cable on or over any such road;

“vehicle” includes any engine, wagon, dray, cart, carriage, bicycle, or other means of carrying goods or persons by land, having two or more wheels, whether drawn or propelled by human, animal, steam, electric or other power;

“vehicle examiner” means any person appointed under the provisions of this Act to examine motor vehicles;

“works” includes any pipe, tube, tunnel, permanent excavation, quarry, irrigation works, borehole or well, and any addition or alteration to such works.

[S 2 am by Act 19 of 1959, 26 of 1959, 38 of 1960, 17 of 1961, 25 of 1963, 19 of 1966, 25 of 1969, 50 of 1970, 3 of 1971; SI 36 of 1964, 122 of 1965.]

PART II
ROADS: GENERAL

3.   Classification of roads

The public roads of Zambia shall be classified as follows:

      (a)   inter-territorial main roads, being the public roads specified in the Appendix;

      (b)   territorial main roads, as defined in section 4;

      (c)   district roads, as defined in section 5;

      (d)   branch roads, as defined in section 6;

      (e)   rural roads, as defined in section 7;

      (f)   estate roads, as defined in section 8:

Provided that no road or portion of a road situated within the limits of a mine township shall be classified or designated as a public road without prior consultation with the board of management of such mine township.

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