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Repealed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Repealed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.

{mprestriction ids="1,2,3,5"}

[S 3 am by Act 17 of 1961, 25 of 1969; GN 293 of 1964.]

PART IIA

[Part IIA rep by Act 35 of 1995.]

PART IIB

[Part IIB rep by Act 35 of 1995.]

 

4.   Territorial main roads

   (1) Territorial main roads shall be those roads, other than inter-territorial main roads, so designated by the Minister by statutory notice.

   (2) In respect of all main roads in any area other than in a local authority area the Director of Roads shall be the highway authority responsible for the construction, care and maintenance of such roads, and all expenses incurred in such construction, care and maintenance shall be borne by the Government.

   (3) In respect of main roads or portions thereof in a local authority area, the highway authority shall be the local authority concerned:

Provided that such proportion of the expenses incurred by a local authority in the construction, care and maintenance of main roads as may be directed by the Minister in any case shall be borne by the Government.

[S 4 am by Act 17 of 1961, 25 of 1963; GN 293 of 1964.]

 

5.   District roads

   (1) District roads shall be those so designated by the Minister by statutory notice.

   (2) The Minister shall have power to appoint, by statutory notice, a highway authority in respect of all or any district roads in any area other than a local authority area, and such highway authority shall be liable for the construction, care and maintenance of such roads:

Provided that all expenses incurred in such construction, care and maintenance shall be borne by the Government except as may be otherwise provided in this Act.

 

6.   Branch roads

   (1) Branch roads shall be those so designated by the Minister by statutory notice.

   (2) The Minister shall have power to designate branch roads either on his own motion or after application under section 15.

   (3) The Minister shall have power to appoint a highway authority in respect of all or any branch roads in any area other than a local authority area and such highway authority shall be liable for the construction, care and maintenance of such branch roads.

   (4) It shall be competent for the Minister in designating any branch road to order whether and in what proportion the cost of such construction, care and maintenance of the said road shall be borne by the owners of the property served by the said road or otherwise. Where such costs are ordered to be borne by any person other than the highway authority concerned, the said costs shall be paid by such person to the highway authority concerned in accordance with such regulations as may be made in that behalf, and may be recovered from him by the highway authority as a civil debt.

   (5) Any order made under sub-section (4) may be varied by the Minister by a subsequent order.

 

7.   Rural roads

   (1) Rural roads shall be those roads outside a local authority area which may be so designated by the Minister by statutory notice on the application of the Resident Secretary of the Province in which they are situated.

   (2) The highway authority in respect of any rural road shall be the Rural Council administering the area in which such road is situated and such Rural Council shall be liable for the construction, care and maintenance of the rural roads within its own area.

   (3) A Rural Council shall be eligible to receive such grant from the Government towards the cost of construction, care and maintenance of rural roads in its area as the Minister may from time to time determine.

[S 7 am by Act 25 of 1969.]

 

8.   Estate roads

   (1) Estate roads are roads outside a local authority area provided for purposes of internal access in any area being developed whether by Government or otherwise for residential plots or farms.

   (2) The Minister shall have power to make rules for the designation, provision, construction, care and maintenance of estate roads in any area being developed as aforesaid other than an area which is subject to a development scheme approved under the Town and Country Planning Act. Cap. 283

   (3) The cost of construction, care and maintenance of estate roads shall be borne in such proportion as the Minister may order by the owners or occupiers of the land which is served by such roads, unless the Minister shall otherwise order in any particular case, and any such costs or proportion thereof shall be recoverable by the highway authority from the person or persons liable as a civil debt.

[S 8 am by Act 26 of 1959; GN 275 of 1964.]

 

9.   Exemption of roads from certain provisions of this Act

The Minister shall have power to declare, by statutory notice, that the provisions of sections 27, 28, 29, 30, 43 and 48 to 54 shall not apply to branch roads, rural roads or estate roads in any area or areas which may be designated in such notice.

[S 9 am by Act 25 of 1969.]

 

10.   Public roads dedicated to public use

   (1) All public roads shall, upon designation as such in accordance with the provisions of this Act, be deemed to be dedicated to public use, subject to such restriction of user as may be prescribed.

   (2) The highway authority concerned shall at all times have the right to enter and, subject to the provisions of this Act, to carry out any works and exercise any powers in relation to any public road or proposed public road.

   (3) In relation to any public road or proposed public road which is constructed after the commencement of this Act, no work in relation to the construction of such road shall be carried out on any land without prior notice in writing to the owner or occupier of the land concerned, or, in any case where such owner or occupier cannot be traced within a reasonable time, without prior notice sent by registered post to the last known address within Zambia of such owner or occupier.

   (4) In the case of any public road or proposed public road which is constructed after the commencement of this Act, compensation may be paid to the owner or occupier of any land over which such road is constructed in accordance with the following provisions:

      (a)   any claim for compensation shall be submitted in writing and shall set out the nature of the interest of those claiming compensation and give details of any expense or loss which may reasonably be incurred directly as a result of the taking or dedication to public use of such land;

      (b)   in the event of failure to agree upon the amount of compensation the matter shall be decided by arbitration;

      (c)   in the case of any arbitration the arbitrator, in making his award, shall, unless in any case the Minister shall otherwise direct—

      (i)   assess compensation in respect of improvements existing before the date of the notice given in terms of sub-section (3) and damaged or destroyed or lost to the use of the owner or occupier by virtue of the construction and designation of the road concerned;

      (ii)   assess compensation for land taken on the basis of its market value at the date of the notice given in terms of sub-section (3) having regard to the nature of the land taken and the period for which it will be lost to the owner or occupier:

Provided that—

         A.   where part only of a holding is taken, compensation for such part shall be calculated on the basis of its value as an integral part of the whole;

         B.   no enhancement in the market value of the land due to the proposed construction or extension of the road shall be taken into account:

      (iii)   not take into account the special suitability or adaptability of the land for road purposes;

      (iv)   not take into account any loss incurred or suffered as a result of a reduction in the traffic over a public road due to realignment, closure or change in status of such road;

      (v)   take into consideration any compensation already agreed or otherwise determined in accordance with the provisions of section 39.

[S 10 am by Act 17 of 1961.]

 

11.   Service of notice in Reserves, etc.

Whenever under any of the provisions of this Act any notice is required to be served upon the owner or occupier of land, then, in respect of Reserves and Trust Land, such requirement shall be deemed to have been satisified by the service of a notice upon the District Secretary in whose District the land concerned is situated.

 

12.   Highway authorities in local authority areas

   (1) In respect of any public road or portion thereof in any local authority area, the highway authority shall be the local authority concerned and shall be responsible for the construction, care and maintenance of the said roads subject to the following provisions:

      (a)   in respect of main roads, the costs of construction, care and maintenance shall be borne in accordance with the provisions of sub-section (3) of section 4;

      (b)   in respect of district roads, such proportion of the costs of construction, care and maintenance as may be directed by the Minister in any case shall be borne by the Government and paid to the local authority concerned.

   (2) Nothing in the foregoing sections of this Act shall be construed as taking away any powers conferred by any other written law on a local authority in respect of the construction, care and maintenance of roads within its area of jurisdiction.

[S 12 am by SI 122 of 1965.]

 

13.   Except as otherwise provided the width shall be-Width of roads

   (1) The Minister shall have power to declare, by statutory notice, the width of any road or class or classes of road.

      (a)   for a main road, two hundred feet;

      (b)   for a district road, one hundred and twenty feet;

      (c)   for a branch road, one hundred and twenty feet;

      (d)   for any other class of road, sixty feet.

   (2) The width prescribed in sub-section (1) shall not apply to any main, district or branch road within any local authority area.

   (3) The centre line of a road shall in every case lie down the centre line of the carriageway thereof, unless the Minister shall in any case otherwise provide by statutory notice.

 

14.   Control points of access, structures, etc.

   (1) The Minister shall have power to make rules to control the number, location and design of points of access of public or private roads to all main and district roads.

   (2) The highway authority shall also have power to require the owners of buildings and property to provide service roads to give access to buildings or property and to prohibit the erection of any buildings with a direct frontage on to a main or district road:

Provided that nothing in this section shall apply to roads within a local authority area.

   (3) The Minister shall have power to make rules providing for the removal, or controlling the erection or modification, of any structure, or controlling the carrying out of any works, on or under land within three hundred feet of the centre line of any main or district road outside a local authority area, and any such rules may provide for the payment of compensation in respect of any such matter and the manner in which such compensation shall be assessed.

[S 14 am by Act 26 of 1959, 17 of 1961; GN 275 of 1964.]

 

15.   Opening of branch roads

   (1) Occupiers of land adjoining any road may apply to the Minister through a highway authority to have such road designated a branch road. In such cases the following provisions shall be observed and shall be applicable:

      (a)   every application must be made in writing and shall state—

      (i)   the point on the main or district road from which the branch road is required;

      (ii)   the farms or land through or over which it is proposed that a road shall be designated and the names of the owners or occupiers thereof;

      (iii)   the terminal point to which it is proposed that the road should be designated;

      (b)   notice shall be given by the applicants in one newspaper published or circulating in the district through which it is proposed to make such road that such application has been or will be made.

   (2) The notice prescribed in sub-section (1)(b) shall call upon any person objecting thereto to lodge at the office of the highway authority within three months after the date of the publication of such notice his objections thereto in writing.

[S 15 am by Act 17 of 1961.]

 

16.   Report and recommendations to be submitted to Minister

   (1) The highway authority, on receiving any such application, may require the applicants to deposit such sum of money as may appear to be necessary for the purpose of defraying the expense of causing the proposed route to be inspected by a competent person or persons and a report thereon made for submission to the Minister.

   (2) After considering any such application and any objection thereto made under section 15(2) and after making such further inquiries as it may deem fit, the highway authority shall made a report and recommendations on the matter to the Minister.

   (3) If upon the consideration of any such report and recommendations it shall appear to the Minister that the road is one necessary or proper to be allowed, he may, by statutory notice, designate such a road to be a branch road and he may determine whether the whole or any part of the expense incurred in obtaining a report upon and causing the road to be designated should be paid and borne by the parties for whose use or at whose instance the same was so designated.

 

17.   Branch roads may be designated district roads

   (1) The occupiers of any land which abuts upon a branch road may apply in writing to the Minister through the highway authority concerned to have such branch road designated a district road.

   (2) Notice shall be given by the applicants in one newspaper published or circulating in the district through which such road runs that such application has been or will be made.

   (3) Such notice shall call upon any person objecting thereto to lodge at the office of the highway authority concerned within three months after the date of the publication of such notice his objections thereto in writing.

 

18.   Consideration and determination of application

   (1) The highway authority on receiving any such application may require the applicants to deposit such sum of money as may appear to be necessary for the purpose of defraying the expense of causing the proposed road to be inspected by a competent person or persons and a report thereon made for submission to the Minister.

   (2) After considering any such application and any objection thereto made under section 17 and after making such further inquiries as it may deem fit, the highway authority shall make a report and recommendations on the matter to the Minister.

   (3) If upon consideration of any such report and recommendations it shall appear to the Minister that the application is one which should be approved, he may, by statutory notice, designate such road a district road and may determine whether the whole or any part of the expenses incurred in obtaining the report upon or in causing the road to be designated should be borne by the parties for whose use or at whose instance the same was so designated.

 

19.   Reclassification, closure or diversion of road

The Minister upon sufficient cause shown to his satisfaction may, by statutory notice and advertisement in one newspaper published or commonly circulating in the district concerned, declare that any road or part thereof designated or classified as an inter-territorial or a territorial main road, district road, branch road or rural road shall, as from the date to be stated in the said notice, cease to be so designated or shall be reclassified or shall be diverted:

Provided that in the case of any such road or portion thereof situated in a local authority area, the powers conferred upon the Minister by this section in respect of diversions shall be exercised by the local authority, subject to the provisions of any law in force in such local authority area and subject to the right of appeal by any persons to the Minister.

[S 19 am by Act 25 of 1969.]

 

20.   Notice to be given

   (1) Before any statutory notice under section 19 shall be published relating to the closing, reclassification or diversion of any road, the Minister shall require or direct that notice of the intention to close, reclassify or divert such road shall be—

      (a)   posted for general information at some conspicuous place outside the office of the District Secretary of the District within which such road is situated and if he deems requisite at such other offices or places as he shall direct;

      (b)   advertised in the Gazette and in one newspaper published or commonly circulating in such District.

Such notice shall clearly describe the road sought to be affected and the situation thereof and shall call upon any person objecting to lodge at the office of the highway authority concerned within one month after the date of the publication of such notice in the Gazette his objections in writing.

   (2) The highway authority shall consider any such objection and shall make a recommendation to the Minister.

[S 20 am by Act 17 of 1961.]

 

21.   Disposal of storm water

   (1) A highway authority in consultation with the owners or occupiers concerned may construct in or on any road for which it is responsible, culverts, ditches or other works for the diversion of storm water from or under any such road into adjoining land.

   (2) In respect of any loss or damage caused by water diverted under the provisions of sub-section (1), the highway authority shall pay to the owner or occupier of the land concerned such amount of compensation as may be agreed at the time of the construction of the culvert, ditch or other work, and in default of such agreement such amount shall be determined by arbitration in accordance with such procedure as may be prescribed.

   (3) In assessing the amount of any loss or damage for the purposes of this section, regard shall be had to any increased benefit of the road to the owner or occupier of the land concerned and to any diminution in the value of the land occasioned by the diversion of storm water.

 

22.   Storm water from land adjoining

   (1) If any owner or occupier of land adjoining any public road has constructed drains or contour ridges for the purpose of improving or protecting his property, he shall not cause or permit storm water to discharge from such drains or contour ridges on to such road or into any existing road drain on such road without the permission of the highway authority concerned.

   (2) In the event of any application for permission in terms of sub-section (1), the highway authority concerned shall grant permission if the applicant agrees to pay the expenses of any enlargement or alteration of such road drains which is considered necessary by such highway authority.

   (3) In the event of permission being refused or any dispute as to the necessity for such enlargement or alteration of drains arising, the matter shall be referred for decision to the Minister in consultation with the Natural Resources Board.

   (4) Any person failing to comply with the provisions of this section shall be guilty of an offence.

 

23.   Control of roads and traffic

   (1) The Minister may from time to time by statutory notice—

      (a)   prohibit any specified description of traffic from using any public road or portion thereof;

      (b)   restrict the volume or speed of any specified description of traffic on any public road or portion thereof;

      (c)   prohibit any specified description of traffic from travelling on any public road or portion thereof otherwise than in a specified direction;

      (d)   prohibit or restrict the waiting of any description of traffic or the loading or unloading of vehicles on any public road or portion thereof;

      (e)   prohibit the use of any public road or portion thereof by through traffic;

      (f)   prohibit or restrict the overtaking of traffic by vehicles or any class of vehicles on any public road or portion thereof;

      (g)   restrict the use of any public road or portion thereof to traffic of a specified description or to vehicles being used for a specified purpose or by or under the directions of any specified person;

      (h)   prohibit the use of any public road by animals or by vehicular traffic of a kind which, or the use thereof by such traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property.

   (2) Before the publication of any notice under sub-section (1), the Minister shall require or direct that notice of the intention of any such prohibition or restriction shall be posted for general information at some conspicuous place outside the office of the District Secretary of the District within which the notice is intended to operate, and, if he deems requisite, at such other offices or places as he shall indicate and shall be published once in the Gazette and in some newspaper circulating within such District. The notice shall clearly describe the road or portion thereof sought to be affected and shall contain full particulars of the proposed prohibition or restriction and shall call upon any person objecting thereto to lodge at the office of the Minister within one month after the date of the publication of such notice in the Gazette his objection thereto in writing:

Provided that whenever he considers it expedient in the circumstances of any particular case, the Minister may issue a notice under sub-section (1) without the preliminary notice otherwise required under this sub-section.

   (3) The Minister may from time to time revoke, vary or amend any notice published under sub-section (1).

   (4) Any person who fails to comply with the terms of any notice issued under sub-section (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.

[S 23 am by Act 17 of 1961, 13 of 1994.]

 

24.   Powers of highway authority to control traffic

   (1) Subject to the provisions of this section, if a highway authority is satisfied that traffic on any road for the maintenance of which it is responsible should, by reason of works of repair or construction being required or being in progress on or near such road, be diverted wholly or in part on to any other existing road or roads, it may by order prohibit or restrict the use of that road or any part thereof in such manner as may be specified, and direct that such traffic as may be affected by such prohibition or restriction shall use such other existing road or roads.

   (2) A highway authority shall, not less than fourteen days before making an order under sub-section (1), cause notice of its intention to make such order to be published in the Gazette and shall also, at least fourteen days before the date upon which such order comes into force, cause it to be published in like manner. Every such notice shall contain a statement of the effects of the order and a description of the alternative route or routes available for traffic:

Provided that in any case where the highway authority concerned is satisfied that owing to the likelihood of danger to the public or serious damage to the road it is necessary to prohibit or restrict the use of such road forthwith, it may make any order under sub-section (1) without publication of any notice under this sub-section.

   (3) So long as any order made under this section is in force, a notice stating the effect of the order and describing the alternative route or routes available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the order relates and at the points at which it is necessary for vehicles to diverge from such road, and the diversion route shall at all times be clearly indicated to traffic using it by means of suitable signs.

   (4) In addition to the powers conferred upon it by sub-sections (1) and (2), a highway authority may at any time by means of suitable barriers close or restrict the use of all or any part of any road within its jurisdiction for the purposes of repair or reconstruction:

Provided that—

      (i)   subject to the provisions of section 34, wherever possible a deviation for the passage of traffic shall be provided within or adjacent to the road reserve concerned;

      (ii)   all reasonable steps shall be taken to display adequate traffic signs in accordance with sub-section (2) of section 26 giving reasonable warning to traffic using the road of any such closure or restriction.

   (5) Any person who uses or permits the use of any animal or vehicle in contravention of any order issued by a highway authority under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six hundred penalty units.

[S 25 am by Act 17 of 1961, 13 of 1994.]

 

25.   Traffic signs

   (1) Subject to and in conformity with such general or other directions as may be given by the Minister, a highway authority may cause or permit traffic signs to be placed on or near any road in its area:

Provided that a railway administration may, subject to the provisions of this Act and any regulations made thereunder, place traffic signs at any level crossing without obtaining the permission of a highway authority.

   (2) Traffic signs shall be of the prescribed size, colour and design except where the Minister authorises the erection or retention of a sign of another character.

   (3) After the commencement of this Act no traffic signs shall be placed or retained on or near any road except under and in accordance with the preceding provisions of this section.

   (4) The highway authority may, by notice in writing, require the owner or occupier of any land on which there is any object or device (whether fixed or portable) for the guidance or direction of persons using roads to modify or remove it, and if any person fails to comply with such a notice the highway authority may itself effect the removal and may recover summarily as a civil debt from the person so in default the expenses incurred by it in so doing.

   (5) A highway authority shall, if so directed by the Minister, remove or cause to be removed any traffic sign or any such object as is mentioned in sub-section (4).

   (6) The Minister shall have power to give directions to a highway authority for the placing on any road of a traffic sign of any prescribed type or authorised character specified in the directions or for replacing such sign as may be so specified, or for converting a sign into a sign of another prescribed type.

   (7) If a highway authority fails to comply with any direction given under sub-section (5) or (6), the Minister may order the work to be carried out by the Director of Roads and the expenses incurred in so doing may be recovered summarily as a civil debt from the highway authority concerned.

   (8) Notwithstanding any other provision of this Act, any traffic sign which was, before the commencement of this Act, lawfully erected under any written law, and which is a traffic sign or of a class of traffic sign which may be specified by the Minister by statutory notice, shall continue to be lawful for such period as may be specified in such notice, and shall during such period be deemed to be a traffic sign lawfully erected under this Act.

   (9) In any prosecution for a contravention of an instruction conveyed by a traffic sign, such sign shall be deemed to have been lawfully placed and displayed and to comply with the requirements prescribed for such traffic sign unless and until the contrary is proved.

   (10) Any person who removes, mutilates, obscures or in any way damages or interferes with, or, without the permission of the highway authority concerned, attaches any notice or other thing to any traffic sign shall be guilty of an offence and shall be liable to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months, or to both.

[S 25 am by Act 38 of 1960, 25 of 1963, 13 of 1994; SI 122 of 1965.]

 

26.   Temporary traffic signs

   (1) A police officer or any person acting under the instructions (whether general or specific) of the Commissioner of Police may place on any road, or on any structure on any road, traffic signs of any size, colour or type prescribed or authorised under sub-section (2) of section 25, being signs indicating such prohibitions, restrictions or requirements relating to vehicular traffic as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic or danger to or from traffic in consequence of an accident or other unforeseen or extraordinary circumstances.

   (2) The powers conferred by sub-section (1) may also be exercised by a highway authority when engaged upon works of maintenance or reconstruction in respect of the length of road being so maintained or reconstructed.

   (3) Any traffic sign placed in accordance with the provisions of this section shall be removed as soon as the circumstances or works on account of which it was placed have ceased to exist or have been completed, as the case may be.

 

27.   Control of advertisements

   (1) Subject to the provisions of section 29, no person shall erect or display an advertisement which is visible from any road without the written permission of the highway authority.

   (2) The highway authority may grant or refuse such permission and if it grants such permission it shall prescribe therein—

      (a)   the specifications to which the advertisement shall conform;

      (b)   the period during which the advertisement may be displayed; and

      (c)   the manner, place and circumstances in which and the conditions on which the advertisement may be displayed.

   (3) The highway authority may at any time alter or revoke any such written permission.

 

28.   Removal or alteration of advertisements

   (1) If an advertisement, which is visible from a road—

      (a)   is being displayed without the written permission of the highway authority or after the expiration or revocation of such permission; or

      (b)   does not conform to the specification prescribed in the written permission to display the advertisement or is being displayed in a manner or place or in circumstances or under conditions other than those prescribed in such permission;

the highway authority may cause the person displaying such advertisement to be directed, by notice in writing, to remove it or to effect such alterations in the nature of the advertisement or in the manner, place or circumstances in which it is being displayed as may be prescribed in such notice within the period prescribed in such notice.

   (2) If the person displaying such advertisement fails within the period prescribed to comply with the directions given in such notice, he shall be guilty of an offence.

   (3) If the person displaying an advertisement fails to comply with any directions given to him under the provisions of sub-section (1), the highway authority may cause the advertisement to which the direction relates to be removed.

   (4) The cost of removing any advertisement under the provisions of sub-section (3) may be recovered by the highway authority as a civil debt from the person who failed to comply with the direction.

   (5) Notwithstanding any other provision contained in this section, a person to whom a direction is given under this section may, before the expiration of the period prescribed in the notice containing such direction, appeal to the Minister against such direction.

   (6) Where the Minister dismisses an appeal made under sub-section (5), the person appealing against a direction shall comply with the direction within such period as the Minister shall specify when dismissing the said appeal.

   (7) Where a person who has appealed against a direction fails to comply with the direction within the time specified under sub-section (6), the provisions of sub-sections (3) and (4) shall apply.

[S 28 am by Act 17 of 1961.]

 

29.   Exceptions

   (1) The provisions of sections 27 and 28 shall not apply to—

      (a)   the display of an advertisement on a vehicle which is being used on a road if it is proved that the main purpose for which the vehicle is being so used is not to display such advertisement;

      (b)   the display of advertisements in any local authority area;

      (c)   the display on a building, or site, or within one hundred yards of a building or site, of an advertisement which otherwise than on a road—

      (i)   merely discloses the name or nature of any business or undertaking carried on in such building or on such site or the name of the proprietor or manager of such business or undertaking; or

      (ii)   relates solely to any article or service supplied in connection with any business or undertaking carried on in such building or on such site;

      (d)   the display otherwise than on a road of an advertisement which relates solely to—

      (i)   a form of recreation which is or will be available upon the land;

      (ii)   an entertainment, meeting or sale which is being or is to be held upon the land; or

      (iii)   the sale or lease of the land upon which the advertisement is displayed if the advertisement is displayed at an entrance to such land and not more than one advertisement is so displayed in respect of any one of such matters;

      (e)   the display otherwise than on a road of an advertisement which merely indicates—

      (i)   the name of a farm; or

      (ii)   that a particular road or path is a private road or path or leads to a particular place; or

      (iii)   that a particular act is prohibited or permitted;

      (f)   the display, otherwise than on a road and on or at a gate, of an advertisement which merely conveys—

      (i)   the name of a property or locality to which the gate gives access; or

      (ii)   a request or direction to close the gate;

      (g)   the display of any advertisement of a prescribed class if such advertisement conforms to such specifications and is displayed in accordance with such conditions as may be prescribed.

   (2) If in the opinion of the Minister any advertisement displayed in accordance with the provisions of sub-section (1) is likely to prove a danger to the travelling public, the Minister may call upon the person displaying such advertisement, or, in the case of signs within a local authority area, upon the local authority concerned, either to alter the advertisement or have it removed, and in such case the provisions of sub-sections (2), (3) and (4) of section 28 shall apply.

[S 29 am by Act 17 of 1961.]

 

30.   Experimental schemes of traffic control

Where it appears to the Commissioner of Police expedient so to do for the purpose of carrying out within any specified area an experimental scheme of traffic control, he may, with the consent of the Minister and after giving such notice as the Minister may direct, make regulations for regulating vehicular traffic in any manner specified by regulation:

Provided that in no case shall the Minister give consent to any such scheme without prior consultation with any local authority concerned.

PART III
CARE, MAINTENANCE AND CONSTRUCTION OF ROADS

 

31.   Care, maintenance and construction of roads

   (1) Every highway authority shall, subject to the directions of the Minister, undertake the construction, care and maintenance of such roads or classes of roads within such area or areas as may be included in the jurisdiction conferred upon it in accordance with the provisions of this Act:

Provided that if any local authority, being the highway authority concerned, fails to maintain any part of a main or district road lying within the said local authority area, the Minister may, after giving notice to the said local authority, arrange for such works to be executed in such manner as he shall direct.

   (2) Unless otherwise provided in this Act, liability to undertake the construction, care and maintenance of any road shall include liability to pay all the costs incurred in such construction, care and maintenance.

 

32.   Liability of highway authorities and their staff

   (1) No matter or thing done or omitted to be done and no contract entered into by a highway authority and no matter or thing done or omitted to be done by any officer or servant or other person acting under the direction of such authority shall, if the matter or thing done was done or omitted to be done or the contract was entered into bona fide in pursuance of the duties of the authority, subject any servant or agent of the highway authority to any action, liability, claim or demand whatsoever and any expense incurred by any such servant or agent shall, in connection with any such action, claim or demand, be paid by the authority out of its funds.

   (2) Nothing in sub-section (1) shall be deemed to debar a suit where any act or omission has been occasioned by such negligence on the part of the authority, its officers, or servants as would create liability under any other law:

Provided that the liability of a highway authority under any other law in respect of any injury, damage or loss which may accrue to any person or property through the failure of any road, ferry or pontoon to sustain any vehicle shall be limited to liability for physical damage to such person or property caused by such failure.

[S 32 am by Act 38 of 1960, 17 of 1961.]

 

33.   Power of highway authority to enter upon land

   (1) A highway authority shall, within the area of its jurisdiction, have the power to enter upon any land for the purpose of carrying out investigations in connection with, or surveying or setting out the line of, any proposed road, and compensation shall be payable in respect of any damage or destruction caused by such highway authority in respect of improvements on the land concerned. In the event of failure between the highway authority and the owner or occupier of the land concerned to agree upon such compensation, the matter shall be determined by arbitration in such manner as may be prescribed.

   (2) No entry shall be made upon any land in accordance with sub-section (1) unless prior notice has been given to the owner or occupier of the land concerned.

[S 33 am by Act 17 of 1961; SI 122 of 1965.]

 

34.   Power to construct and maintain deviations

   (1) For the purpose of constructing, repairing or maintaining any public road within its jurisdiction, it shall be lawful for any highway authority on giving prior notice to the owner or occupier concerned to construct and maintain temporary deviations over any land adjacent to such road not being land occupied by buildings, orchards, gardens or other improvements, or land under cultivation, or land within a local authority area, and no compensation shall be payable.

   (2) The powers conferred upon a highway authority by sub-section (1) may be exercised over land under cultivation with the concurrence of the owner or occupier concerned and on payment to such owner or occupier of such compensation as may be agreed, or failing agreement, as may be determined by arbitration in such manner as may be prescribed.

   (3) Where any deviation has been constructed by a highway authority within a road reserve or otherwise, it shall be the duty of the highway authority when such deviation has ceased to be required for the purpose for which it was constructed to restore and make good to the satisfaction of an Agricultural Officer the land over which such deviation was constructed, for the purpose of preventing soil erosion.

 

35.   Power to reserve land for proposed roads

   (1) If during any investigation which is being made for the purpose of determining the course of any proposed public road, the Minister has reason to believe that the owner of or any person having any rights over or in land over which the proposed road may run is, within a distance of three hundred feet on either side of the centre line of the proposed course of such road, doing any act or intending to do any act which is calculated to interfere with any such proposed road, he may, in writing, request such owner or person to cease doing such act within such period as the Minister shall stipulate or not to do such act.

   (2) If any such owner or person fails or refuses to comply with a request made in terms of sub-section (1), the Minister may, by Gazette notice, reserve a strip of land to a width of three hundred feet on either side of the aforesaid centre line against all use thereof. Such notice shall specify each property affected by the reservation and shall prescribe the manner in which the area or areas reserved shall be demarcated.

   (3) Publication of a notice of reservation in terms of sub-section (2) shall have the effect of prohibiting any activity whatsoever upon the land reserved other than work in connection with the determination of the course of the proposed road:

Provided that—

      (i)   the Minister may permit such limited use of the land concerned as he may determine, subject to such conditions as he may impose;

      (ii)   if no action is taken in terms of section 36 within twelve months of the publication of such notice, the reservation shall be deemed to lapse.

   (4) No person shall be entitled to claim as a right compensation in respect of any loss or damage suffered by reason of the exercise by the Minister of any of the powers conferred upon him by this section.

   (5) As soon as possible after the publication of a notice of reservation in terms of this section the Director of Roads shall lodge with the Registrar of Lands and Deeds two copies of the engineering survey plans showing the approximate centre line of the proposed road and the boundaries of properties affected.

[S 35 am by Act 25 of 1963.]

 

36.   Reservation of road reserve

   (1) As soon as the course of any proposed road has been demarcated, the Minister may, by Gazette notice and by advertisement in a newspaper circulating in the district concerned, reserve a strip of land two hundred feet wide along such course and shall notify such reservation in writing by registered post to the individual landowners concerned. Every such notice shall include a list of the properties affected by the reservation and shall specify the office at which plans showing the reserved strip of land may be inspected.

   (2) Publication of a notice in terms of this section shall have the effect of—

      (a)   reserving the strip of land described in such notice for road purposes;

      (b)   prohibiting any activity whatsoever not connected with the construction of the road upon the land so reserved:

Provided that the Minister may permit such limited use of the land as he may determine, subject to such conditions as he may impose in granting that permission;

      (c)   cancelling any reservation made in terms of sub-section (2) of section 35 in respect of land affected by a reservation made in terms of this section, and any other land immediately adjacent thereto.

   (3) As soon as possible after any land has been reserved in terms of this section, the Director of Roads shall lodge with the Registrar of Lands and Deeds two copies of the engineering survey plans showing the course of the proposed road.

   (4) The Registrar of Lands and Deeds shall thereupon register the details of the reservation in such form and manner as may be prescribed.

   (5) The registration of such reservation shall not debar the registered owner of any land affected from transferring or otherwise dealing with such land.

   (6) Any land reserved under this section shall be demarcated in such manner as may be prescribed.

[S 36 am by Act 25 of 1963.]

 

37.   Withdrawal or modification of reservation

The Minister may at any time withdraw or modify any reservation made under the provisions of sections 35 or 36 by Gazette notice and by notifying the Registrar of Lands and Deeds of such withdrawal or modification.

 

38.   Unauthorised acts on reserved land

Where on any land reserved in terms of sections 35 or 36 any person does any act calculated to impede the purposes for which the land has been reserved or which he has not been authorised by the Minister to do, the Minister may, by notice in writing, direct such person, at his own expense and within such period as shall be specified in such notice, to restore such land to the condition in which it was immediately before such unauthorised act, and if such person fails to comply with such direction within the period specified, he shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both, and the Minister may cause to be carried out such work as may be necessary to restore the land and may recover from such person any expense incurred in such work.

[S 38 am by Act 13 of 1994.]

 

39.   Compensation

   (1) Any person affected by the exercise of any of the powers conferred upon the Minister by sections 36 or 37 who wishes to claim compensation in respect thereof shall submit in writing, within thirty days of the date of the publication of any notice in terms of sections 36 or 37, as the case may be, a statement setting out the nature of his interest, details of the compensation claimed in respect of land to be taken, improvements likely to be removed or damaged and any expense or loss which may reasonably be incurred or suffered directly as a result of the exercise of those powers:

Provided that the Minister shall not reject any claim only on account of the statement not having been submitted within the said period of thirty days if, in his opinion, the statement could not reasonably have been submitted within that period.

   (2) The amount of compensation payable under this section shall be such amount as may be mutually agreed upon between the parties or, failing such agreement, as may be settled by arbitration.

 

40.   Power to take materials for roadworks

   (1) A highway authority, or any person duly authorised by it, shall at all times have the power to enter upon any land (except within the boundaries of a local authority area) and to take therefrom any material (including water, other than water from an artificial dam, well or borehole save with the consent of the owner) necessary for the construction, maintenance or repair of roads or proposed roads and for providing in connection therewith labour camps, access roads and space for stock-piling and no compensation shall be payable except as provided in this section.

   (2) Whenever a highway authority considers it necessary to exercise the powers conferred by sub-section (1), it shall be lawful, after prior consultation with the owner, for it to select any place or places which it may deem suitable from which to take material:

Provided that the owner or occupier of the land shall if he so desires be entitled to select another place or other places on his land for the said purpose, and if such other place or places shall be found by the highway authority to be reasonably accessible and suitable as regards quantity and quality of materials, the materials shall be taken from the place or places selected by the owner.

   (3) A highway authority shall not be entitled to take possession of materials on which any person other than its servants has expended any labour, or to take the stones or other material from any house, wall or other structure.

   (4) If, in exercise of the powers conferred upon it by this section, a highway authority shall deem it desirable for the purposes of obtaining any material to open any quarry or quarries extending in aggregate over more than one-hundredth part of any holding or over an area of more than one acre on any holding, whichever is the less, such compensation for surface disturbances as may be mutually agreed between the highway authority and the owner of the land shall be paid by the highway authority to the owner in respect of such total area of any such quarries as exceeds one-hundredth part of any holding or one acre thereof, whichever is the less, or, failing such agreement, the amount of compensation shall be decided by arbitration in accordance with such procedure as may be prescribed:

Provided that where a quarry is in a road reserve no compensation shall be payable.

   (5) In addition to any compensation which may be payable under sub-section (4) whenever land is entered for any purpose in accordance with the powers conferred by this section, compensation shall be paid by the highway authority to the owner of the land in respect of improvements physically damaged or destroyed. Failing agreement between the highway authority and the owner, the amount of compensation shall be decided by arbitration in accordance with such procedure as may be prescribed:

Provided that compensation shall only be payable for buildings, fences, trees, crops, constructions or improvements constructed or planted inside a road reserve when such construction or planting has taken place before the road has been designated by statutory notice.

   (6) A highway authority shall have the right, when constructing access roads to the sites of quarries or other places from which material is to be obtained, of making openings in fences where necessary:

Provided that such openings shall be effectively closed by the highway authority against the straying of livestock during the operations and the fences properly restored on the completion of the work.

   (7) Any quarry or other excavation made in exercise of the powers conferred by this section which may be a source of danger shall on the completion of the work be securely fenced off, filled in or otherwise made safe against danger to life and limb of persons or animals.

   (8) It shall be incumbent on any highway authority making quarries or borrow pits in accordance with the powers conferred by this section to ensure that in any case where such quarry or borrow pit if left unfilled is likely to be a source of danger to health by becoming a breeding ground for mosquitoes or other water-borne parasites, such quarry or borrow pit is filled in to the extent necessary to prevent such danger.

   (9) Any owner aggrieved by the decision of a highway authority under this section may appeal to the Minister:

Provided that, if the circumstances are such that in the opinion of the highway authority any delay in exercising any right under this section would be unreasonable, the highway authority concerned may take the materials forthwith, and the Minister may make such subsequent order in the matter as he deems fit.

   (10) For the purposes of this section, “owner” shall include the actual occupier of any land, but nothing in this section contained shall prejudice the right of any other person having an interest in such land in respect of any compensation payable under this section.

[S 40 am by Act 17 of 1961.]

 

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

Persons employed by any highway authority under this Act in the construction or repair of any road or proposed road shall have the right, provided that before exercising such right under this section they shall give reasonable notice to and in consultation with the owner or occupier of any land which will be affected—

      (a)   to park their vehicles and to erect tents, huts or other temporary buildings on any site convenient to them, subject to the following conditions:

      (i)   no tents, huts or other temporary buildings shall be erected within five hundred yards of any dwelling-house; and

      (ii)   if the owner or occupier of such land objects to any site chosen for the erection of tents, huts or other temporary buildings, the matter shall be referred to the District Secretary who may make such order thereon as he may deem just and reasonable;

      (b)   to place and store plant and equipment on private land where there is insufficient room on the road reserve;

      (c)   to take and otherwise make provision for water necessary for the proper execution of the work and for animals and labourers, provided it shall not be taken from any artificial dam, furrow or well or borehole save with the consent of the owner;

      (d)   to cut down and remove trees or bush where necessary in the construction of public roads, provided that such trees when cut down shall belong to the owner of the land upon which the said trees were cut:

Provided that nothing in this section shall apply to any local authority area.

[S 41 am by Act 17 of 1961.]

 

42.   Contractors may exercise rights granted to highway authority

The rights granted to and the obligations of a highway authority under the provisions of sections 21, 34, 40 and 41 may be exercised by a contractor under the supervision or direction of the highway authority engaged in the construction or repair of roads and on behalf of any highway authority:

Provided that in the case of any damage done by a contractor, any compensation payable under this Act shall be paid by the highway authority concerned.

 

43.   Power to undertake ancillary works

   (1) A highway authority may, for the purpose of protecting traffic along any road from danger or of making the crossing of any road less dangerous to foot passengers, erect, light, maintain, alter and remove places of refuge in such road, and construct, light, maintain, alter, remove and close subways or overbridges for the use of foot passengers.

   (2) A highway authority shall have power to construct and maintain works in the carriageway—

      (a)   along any length of road for separating a part of the road which is to be used by traffic moving in one direction from a part of the road which is to be used (whether at all times or at particular times only) by traffic moving in another direction;

      (b)   at cross roads or other road junctions for regulating the movement of traffic;

      (c)   for providing places of refuge for the protection of foot passengers crossing the road.

   (3) The powers conferred by sub-section (2) shall include power to light any such works as aforesaid, to pave, grass or otherwise cover them or any part of them, to erect pillars, walls, rails or other fences on, around or across them or any part of them and to plant on them trees, shrubs, and other vegetation either for ornament or in the interests of safety.

   (4) The power conferred by the foregoing provisions of this section to construct any works shall include power to alter or remove them.

 

44.   Provision of footpaths, cycle tracks, etc.

A highway authority shall have the power to provide, wherever it shall deem it necessary or desirable for the safety or accommodation of foot passengers, proper and sufficient footpaths by the side of roads under its control and to provide, wherever it shall deem necessary for the safety or accommodation of ridden horses, driven livestock, agricultural machinery or pedal cyclists, grass or other margins or tracks by the side of roads under its control.

[S 44 am by SI 86 of 1973.]

 

45.   Ferries and pontoons

   (1) A highway authority shall have power to construct and operate any ferry or pontoon to facilitate the crossing of any river or stream.

   (2) Any ferry or pontoon operated under the provisions of sub-section (1) shall be operated in accordance with the provisions of any law in force relating to inland water transport.

   (3) A highway authority shall have power to construct bridges over rivers and streams and over or under any railway line or inland waterway:

Provided that nothing in this sub-section shall detract from the rights, powers, duties, and responsibilities conferred upon the Railways by the Railways Act.

Cap. 453

 

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

The Minister may, by statutory instrument, make rules regulating and controlling the construction of cattle grids and providing for the recovery by a highway authority of the cost incurred by it in constructing any cattle grid.

[S 46 am by Act 17 of 1961; GN 275 of 1964.]

 

47.   Prevention of damage, etc., to roads

   (1) Except in so far as may be necessary in any emergency in order to enable him to use the road in a lawful manner, no person shall otherwise than in accordance with the provisions of this Act—

      (a)   encroach on any road or road reserve by making or erecting any building, fence, ditch or other obstacle or by planting trees or otherwise:

Provided that nothing in this paragraph shall be construed to apply to a barrier of a pattern and in a position approved by the highway authority and duly erected in accordance with any law in force for the control of traffic for the purposes of examination in connection with immigration or customs or for the control of tsetse fly;

      (b)   leave or place or negligently allow to fall on or over any road any timber, stones or other material so as to obstruct such road or endanger persons using the road, or deposit rubbish, debris or other material on any road;

      (c)   intentionally or negligently damage in any way any part of any road;

      (d)   fill in or obstruct any ditch or drain made to carry water off a road, whether on the road or elsewhere, or, by making dams, ditches, drains or other works, cause the flooding of any road;

      (e)   cause or allow any timber, sledge, plough or other heavy material or thing, not being wholly raised above the ground on wheels, to be moved along or across a road:

Provided that in this paragraph the word “wheels” shall be construed as meaning wheels to which pneumatic or solid rubber tyres have been fitted:

Provided that the highway authority may authorise under such conditions as it may impose the doing of an act otherwise prohibited under this sub-section.

   (2) Any person contravening any of the provisions of sub-section (1) shall be guilty of an offence.

   (3) Any cost of repair incurred by a highway authority as a result of any act done in contravention of the provisions of sub-section (1) may be recovered by the highway authority as a civil debt from the person who did such act or caused it to be done.

   (4) A highway authority may, by notice in writing, direct any person who encroaches on any road or road reserve by making, erecting or planting any building, fence, ditch, tree or other obstacle contrary to the provisions of sub-section (1) to remove the same within the time to be stated in such notice.

   (5) If any person fails to comply with a direction given under the provisions of sub-section (4), the highway authority may cause the obstacle specified in the notice to be removed.

   (6) The cost of removing any obstacle under the provisions of sub-section (5) may be recovered by the highway authority as a civil debt from the person failing to comply with the notice.

[S 47 am by Act 17 of 1961, 25 of 1963.]

 

48.   Regulation of undertakers’ works

   (1) In respect of any road specified by the Minister an undertaker shall not execute any undertakers’ works except in accordance with such regulations as may be made in terms of sub-section (2).

   (2) The Minister may, by statutory instrument, make regulations—

      (a)   requiring the prior submission of sufficient details of proposed undertakers’ works to the highway authorities concerned for consideration;

      (b)   requiring a highway authority to signify to the undertakers its approval or disapproval of the proposals within a specified time and to give reasons for any such disapproval:

Provided that in any case where the undertakers and the highway authority are unable to agree the details of the proposed works the undertakers may refer the matter to arbitration;

      (c)   requiring undertakers to give notice of the intention to commence works approved or the subject of an arbitration award and prescribing the form and manner in which such notice shall be served and the effect thereof;

      (d)   governing the execution by undertakers of works being emergency works as defined in such regulations.

   (3) If any undertaker executes any works in contravention of the provisions of this section, he shall be liable on conviction to a fine not exceeding three thousand penalty units.

   (4) If any highway authority concerned objects to any works carried out or alleged or proposed to be carried out in contravention of the provisions of this section or to any emergency works and is unable to reach agreement with the undertakers to meet the objections, the highway authority may refer the matter to arbitration.

[S 48 am by Act 26 of 1959, 13 of 1994; GN 275 of 1964.]

 

49.   Execution of undertakers’ works

   (1) An undertaker shall execute works within roads in accordance with such proposals and details thereof as may have been agreed under the provisions of section 48 or in accordance with any arbitration award made thereunder, and with all such despatch as is reasonably practicable.

   (2) An undertaker shall execute any items of works of an incidental nature and restore the road to a proper state of repair with all reasonable despatch after completion of any part of the works to the reasonable satisfaction of the highway authority:

Provided that the highway authority by agreement with the undertaker may itself undertake the reinstatement of the upper levels of the road at the undertaker’s expense.

   (3) If an undertaker fails to carry out reinstatement in accordance with his obligations under this section, he shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred penalty units in respect of each day of such failure.

   (4) The undertaker shall be liable to pay the highway authority the cost of remedying any subsidence or deterioration of reinstatement work carried out by the undertaker if such subsidence or deterioration takes places within six months of the completion of such reinstatement and if such deterioration is shown to have been attributable to defective workmanship or the use of defective materials:

Provided that the highway authority concerned shall have given reasonable notice to the undertaker before remedying the subsidence or deterioration.

[S 49 am by Act 13 of 1994.]

 

50.   Undertakers to provide warning and safety precautions

   (1) An undertaker or a contractor employed by an undertaker who is executing works shall secure at his expense that the following requirements are observed during and in connection with the execution of the works and of any restoration or other repair to any road occasioned thereby:

      (a)   so long as the road, street, road reserve or street margin is open or broken up (except in a place to which the public have no right of access and are not permitted to have access) such works are adequately fenced and guarded and lighted in such a manner as to give adequate warning to the public during the hours of darkness;

      (b)   that traffic signs (within the meaning of section 25) are so placed, and where so directed, operated and lighted in accordance with any directions in that behalf that may be given by the Minister;

      (c)   that no greater width or length of road than is reasonably necessary is open or broken up at any one time;

      (d)   that there is no greater obstruction to traffic on any road or interference with the normal use of such road than is reasonably necessary;

      (e)   that any spoil or other material not required for the execution of the works or of any consequent restoration or repair to the road is carried away as soon as it is reasonably practicable;

      (f)   that any other requirement imposed in accordance with any regulations made by the Minister is complied with.

   (2) If any undertaker or any contractor employed by an undertaker fails to satisfy an obligation to which he is subject by virtue of sub-section (1), he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding three hundred penalty units for each day of such failure.

   (3) If an undertaker fails to satisfy an obligation to which he is subject by virtue of sub-section (1) as regards any requirements mentioned in paragraph (a), (b) or (e) thereof, the highway authority may do anything necessary for securing observance of that requirement and the undertaker shall pay to the authority an amount equal to any cost reasonably incurred by them of so doing.

[S 50 am by Act 26 of 1959, 13 of 1994; GN 275 of 1964.]

 

51.   Works at railway crossings

   (1) An undertaker executing works on a road at any railway level crossing shall comply with any reasonable requirements as to the arrangements for executing the works, as to hours of work, or as to any other such matters which are imposed upon him by the authority having the management of the railway, for securing the safety of persons employed in connection with the works and for ensuring that interference with traffic on the railway caused by the execution of such works is reduced so far as is practicable.

   (2) If any undertaker fails to comply with an obligation to which he is subject by virtue of sub-section (1), he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.

[S 51 am by Act 13 of 1994.]

 

52.   Removal of apparatus

Where there is placed in a road apparatus required only in connection with building operations or other work on land adjacent to such road, if the apparatus is not removed on completion of such building or other work, the highway authority may give the undertaker notice requiring him to remove it and if it is not removed within eight days from the giving of such a notice, the authority may remove it and the undertaker shall pay to the authority an amount equal to the cost reasonably incurred in such removal and in any restoration or repair to the road occasioned by the presence or removal of the apparatus concerned.

 

53.   Powers enjoyed by electricity undertakings

The powers conferred upon authorised undertakings in terms of sections 23(5) and 26 of the Electricity Act shall, in so far as they relate to the doing of work in or over any road, street, road reserve, or street margin, be exercised in accordance with the preceding sections of this Act.

[S 53 am by GN 293 of 1964.]

 

54.   Limitation of time in which works may be executed

   (1) Subject to the provisions of this section, a statutory power of undertakers to break up or open a road, being a power conferred for any purposes other than road purposes or purposes of a railway undertaking, shall not be exercisable on or under any road during the twelve months following either—

      (a)   the end of any period during which the use by vehicles of the carriageway of such road has been prohibited or the width thereof available for vehicular traffic has been reduced to less than two-thirds of its normal width for the purposes of execution of works for road purposes;

      (b)   the completion of a resurfacing extending to one-third or more of the width of the carriageway of such road.

   (2) The provisions of sub-section (1) shall not apply unless the following conditions are satisfied:

      (a)   the highway authority has given to the undertaker concerned at least three months before the date on which the works for road purposes or resurfacing, as the case may be, were substantially begun, a notice stating that the works for such purposes were intended to be carried out and specifying the date of their commencement;

      (b)   the works for road purposes or resurfacing, as the case may be, were substantially begun on, or within one month from the date so specified or, if any undertakers’ works were in progress in the road on that date, within one month from the completion of such undertakers’ works or in either case within such extended period as may have been agreed between the highway authority and the undertaker concerned.

   (3) Nothing in this section shall apply to any breaking up or opening of a road in any of the following cases:

      (a)   for the carrying out of any emergency works;

      (b)   in relation to any part of a road other than a carriageway, in the case of works relating only to the installation, maintenance, repair or removal of a service pipe or service line or overhead telegraph line or overhead electric cable;

      (c)   in the case of any works carried out by an undertaker, where the execution of such works is in fulfilment of an obligation imposed upon the undertaker by the provisions of this Act and could not reasonably be effected without breaking up or opening the road, as the case may be;

      (d)   in the case of any breaking up or opening of a road executed with the consent of the highway authority concerned.

   (4) If any undertaker or any contractor employed by an undertaker breaks up or opens a road in contravention of this section—

      (a)   he shall pay to the highway authority concerned an amount equal to any cost reasonably incurred by such highway authority in restoring or repairing the road concerned;

      (b)   without prejudice to his liability under paragraph (a), he shall be liable upon conviction to a fine not exceeding one thousand five hundred penalty units.

[S 54 am by Act 13 of 1994.]

PART IV
ROAD BOARDS

 

55.   Constitution of road boards

   (1) The Minister may from time to time by Gazette notice—

      (a)   constitute for any area outside the area of a local authority a board, hereinafter called a road board, consisting of not less than four nor more than seven such persons as may be appointed by the Minister subject to the provisions of section 56:

Provided that the Minister may in addition to such persons appoint other persons ex officio members of a road board, and such members shall have the right to take part in the proceedings of the road board but shall not have the right to vote;

      (b)   increase, alter or diminish the area of jurisdiction of any road board constituted under this section and at any time on due cause being shown abolish or disestablish such board.

   (2) The Chairman of a road board shall be a member thereof elected by the board.

   (3) The Minister may from time to time determine the amount to be paid to a member for travelling and personal expenses whilst on the business of the road board.

[S 55 am by Act 17 of 1961.]

 

56.   Disqualifications

No person shall be appointed, or continue to be, a member of a road board—

      (a)   who has been convicted at any time of an offence for which imprisonment without the option of a fine has been imposed as a punishment, unless he shall have received a free pardon or his period of imprisonment shall have expired at least three years prior to the date of his appointment; or

      (b)   who is of unsound mind; or

      (c)   who is an undischarged bankrupt or who has made an assignment of his estate for the benefit of his creditors.

 

57.   Vacation of office

A member of a road board shall vacate his office—

      (a)   in any of the circumstances described in section 56; or

      (b)   if he has been removed from office by the Minister in terms of section 58; or

      (c)   if he has been convicted for a contravention of section 63.

 

58.   Suspension or removal of member

The Minister may suspend and remove any member of a road board from his office on the ground of his incapacity to act as such or misbehaviour or for any other good and sufficient reason.

[S 58 am by Act 17 of 1961.]

 

59.   Period of membership

Subject to the provisions of section 57, every member of a road board shall hold office for a period of three years from the date of his appointment.

 

60.   Vacancies

   (1) If any member of a road board shall, during the currency of his period of office, die, resign, become or be found disqualified under any law or otherwise vacate his seat thereon, a successor to fill the vacancy so caused may be appointed by the Minister.

   (2) A member appointed in terms of this section shall hold office only for the unexpired term of office of his predecessor.

 

61.   Quorum

Four members of a road board including the Chairman shall form a quorum provided that where the membership of a board is less than five including the Chairman the quorum shall be three members of whom one shall be the Chairman, and provided further that at any meeting from which the Chairman is absent, such other member of the board as may for such meeting be appointed by the members present shall act as Chairman.

 

62.   Functions of road boards

A road board shall—

      (a)   have such powers, duties and functions as may be prescribed;

      (b)   assist and advise the Minister on all matters relating to roads within its district;

      (c)   obtain and transmit to the Minister any information that may be required by him in connection with the administration of this Act or the regulations made thereunder; and

      (d)   generally carry out all such functions as may from time to time be assigned to it by the Minister.

 

63.   Interest of members

   (1) No member of a road board shall vote upon or in his capacity as a member take part in or be present at the discussion of any matter before the board in which he has any pecuniary interest either directly or indirectly.

   (2) Any member knowingly contravening the provisions of this section shall be guilty of an offence and on conviction his seat on the board shall ipso facto become vacant.

PART V

[Part V rep by s 234 of Act 11 of 2002.]

PART VI

[Part VI rep by s 234 of Act 11 of 2002.]

PART VII

[Part VII rep by s 234 of Act 11 of 2002.]

PART VIII

[Part VIII rep by s 234 of Act 11 of 2002.]

PART IX

[Part IX rep by s 234 of Act 11 of 2002.]

PART X

[Part X rep by s 234 of Act 11 of 2002.]

PART XI

[Part XI rep by s 234 of Act 11 of 2002.]

PART XII

[Part XII rep by s 234 of Act 11 of 2002.]

PART XIII

[Part XIII rep by s 234 of Act 11 of 2002.]

PART XIV

[Part XIV rep by s 234 of Act 11 of 2002.]

 

260.   …

[S 260 rep by s 234 of Act 11 of 2002.]

 

261.   …

[S 261 rep by s 234 of Act 11 of 2002.]

FIRST SCHEDULE

[First Sch rep by s 234 of Act 11 of 2002.]

SECOND SCHEDULE

[Second Sch rep by s 234 of Act 11 of 2002.]

THIRD SCHEDULE

[Third Sch rep by s 234 of Act 11 of 2002.]

 
 

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