PUBLIC ROADS ACT

<KN+>Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE ROADS DEVELOPMENT AGENCY

   3.   Establishment of Agency

   4.   Functions of Agency

   5.   Powers of Agency

   6.   Composition of Agency

   7.   Director

   8.   Secretary and other staff

PART III
ROADS AND ROAD RESERVES

   9.   Classification and vesting of public roads

   10.   Inter-territorial main roads and territorial main roads

   11.   District roads

   12.   Branch roads

   13.   Urban roads

   14.   Rural roads

   15.   Estate roads

   16.   Park roads

   17.   Exemption of roads from certain provisions of this Act

   18.   Public roads dedicated to public use

   19.   Service of notice in reserves

   20.   Appointment of road authorities

   21.   Width of roads

   22.   Control points of access, structures, etc.

   23.   Designation of branch roads

   24.   Report and recommendations to be submitted to Agency

   25.   Branch roads may be designated district roads

   26.   Branch roads may be designated district roads

   27.   Reclassification, closure or diversion of road

   28.   Notice to be given

   29.   Disposal of storm water

   30.   Storm water and adjoining

   31.   Control of roads and traffic

   32.   Powers of road authority to control traffic

   33.   Traffic signs

   34.   Temporary traffic signs

   35.   Control of advertisements

   36.   Exceptions

   38.   Experimental schemes of traffic control

PART IV
CARE, MAINTENANCE AND CONSTRUCTION OF ROADS

   39.   Care, maintenance and construction of roads

   40.   Immunity from liability of roads authorities and their staff

   41.   Power of road authority to enter upon land

   42.   Power to construct an maintain deviations

   43.   Power to reserve land for proposed roads

   44.   Reservation of road reserve

   45.   Withdrawal or modification of reservation

   46.   Unauthorised acts on reserved land

   47.   Compensation

   48.   Power to take materials for road works

   49.   Road authorities’ employees may park vehicles, erect huts, etc., on private land

   50.   Contractors may exercise rights granted to road authority

   51.   Power to undertake ancillary works

   52.   Provision of footpaths, cycle tracks, etc.

   53.   Ferries and pontoons

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

   55.   Prevention of damage, etc.

   56.   Regulation of undertakers’ works

   57.   Execution of undertakers’ works

   58.   Undertakers to provide warning and safety precautions

   59.   Works at railway crossing

   60.   Removal of apparatus

   61.   Powers enjoyed by electricity undertakings

   62.   Limitation of time in which works may be executed

PART V
AXLE WEIGHT CONTROL

   63.   Minister to prescribe maximum laden and axle weight

   64.   Prohibition of overloading

   65.   Impounding of vehicles

   66.   Prohibition of driving away impounded vehicle

   67.   Weighing of certain vehicles

   67A.   Power to prohibit driving of overloaded vehicle

   67B.   Absconding from weigh bridge

   67C.   Permit to move abnormal load

   67D.   Awkward load

   67E.   Owner of motor vehicle to compensate Agency for damage to road

   68.   Certificate of weight

   68A.   Payment of fine without appearing in court

   68B.   Fines to remitted into Road Fund

   68C.   Forfeiture of certain vehicles

   68D.   Appointment of agent to operate weighbridge

PART VI
MISCELLANEOUS

   69.   Power of local authority to collect parking fees

   70.   References to Director of roads

   71.   Liability of owner and driver for damage

   72.   Liability of Agency for failure to sustain vehicle

   73.   Delegated authority

   74.   Closing of roads

   75.   Construction of bridge over water or sewer

   76.   Excavation in roads

   77.   General penalty

   78.   Regulations

   79.   Amendment of Cap. 464 and transitional provisions

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

AN ACT

to establish the Road Development Agency and to define its functions; to provide for the care, maintenance and construction of public roads in Zambia; to regulate maximum weights permissible for transmission on roads; and to provide for matters connected with and incidental to the foregoing.

[30th January, 2004]

<KN+>Act 12 of 2002,

<KN+>Act 10 of 2006.

PART I
PRELIMINARY

 

1.   Short title

This Act may be cited as the Public Roads 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 33;

“Agency” means the Road Development Agency established by section 3;

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

“appointed date” means the date appointed under section 1;

“Authority” means the Zambia Wildlife Authority established by section 4 of the Zambia Wildlife Act;

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

“axle” in relation to a vehicle, means a device or set of devices, whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicles is travelling straight ahead, the vertical centre lines of the wheels would be in one vertical plane at right angles to the longitudinal centre-line of the vehicles;

“axle load” means weight transmitted on the road by an axle bearing two tyres or more;

“axle weight” means in relation to an axle of a vehicle the aggregate weight transmitted to the surface of the roads or other base where on 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 designated 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 or a shoulder;

“Chairperson” means the person appointed as chairperson of the Agency under section 5;

“committee” means a committee of the Agency established under paragraph 5 of the First Schedule;

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

“centre-line of an axle unit” means a line mid-way between the centre-lines of the extreme axles of an axle unit;

“Council Secretary” means the person appointed as council secretary of a District Council under the Local Government Act;

“Director” means the person appointed as Director under section 7;

“Environmental Officer” means an environmental Officer or any other person, declared by the Minister, by Gazette notice, to be an Environmental Officer under the Environmental Protection and Pollution Control Act;

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

“Fund” means the Road Fund established under the National Road Fund Act;

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

“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;

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

“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 the vehicle or trailer;

“local authority” means a city council, Municipal Council or District Council established under the Local Government Act;

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

“National Park” shall have the meaning assigned to it in section 2 of the Zambia Wildlife Act;

“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 persons or goods, except if the vehicle is stationary for a reason beyond the control of the persons in charge of the vehicle, and “parking” shall have a corresponding meaning;

“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 9;

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

“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 local authority area and includes any bridge, causeway, dam, ditch, drain, embarkment, fence, ferry pontoon, ford, culvert or other work in the line of the road.

“Road Fund Agency” means the Road Fund Agency established under the National Road Fund Act;

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

“Road Transport and Safety Agency” means the Road Transport and Safety Agency established under the Road Traffic Act;

“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;

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

“traffic signal” means a road sign which by means of automatic signals alternately directs traffic to stop and permits it to proceed;

“undertaker” means the authority, body or person by whom a statutory power to execute undertaker’s works is exercisable;

“undertaker’s 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—

      (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) 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 road;

“weighing device” means a weighbridge or any other apparatus’ whether installed in a fixed position or mobile, which is intended for use for determining the weight of vehicles, laden or unladen;

“weigh station” means an establishment at which vehicles are weighed by a weighing device to determine the weight of vehicles laden or unladen; and

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

PART II
THE ROAD DEVELOPMENT AGENCY

 

3.   Establishment of Agency

   (1) There is hereby established the Road Development Agency which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.

   (2) The provisions of the First Schedule shall apply to the Agency.

 

4.   Functions of Agency

   (1) The functions of the Agency shall be to plan, manage and coordinate the road network in the country.

   (2) Without prejudice to the generality of sub-section (1) the Agency shall—

      (a)   carry out routine and emergency maintenance of public roads through its employees or independent contractors;

      (b)   conduct such studies as it may consider necessary for the development, maintenance and improvement of the road network in Zambia;

      (c)   advise road authorities regarding the construction, rehabilitation and maintenance of roads under their jurisdiction;

      (d)   provide guidance and technical assistance to road authorities;

      (e)   receive and consider reports from road authorities on their activities and prepare quarterly and consolidated annual reports;

      (f)   recommend to the Minister the appointment of any person or institution as a road authority;

      (g)   prepare and review terms of reference and guidelines for road authorities including budget guidelines;

      (h)   review from time to time the status of road authorities and recommend appropriate action to the Minister.

      (i)   make recommendations in relation to sitting of buildings on road-sides;

      (j)   in consultation with the Road Fund Agency, recommend to the Minister funding for development of new roads;

      (k)   in consultation with the owners of property served by an estate road and the Road Fund Agency, determine the proportion of the cost of construction and maintaining an estate road to be borne by such owners;

      (l)   prepare and award contracts and certify works for public roads;

      (m)   review design standards and classification of roads and traffic signs;

      (n)   plan and co-ordinate the road network in the country;

      (o)   enforce axle load control; and

      (p)   carry out any other activities relating to roads which are necessary or conducive to the performance of its functions under this Act.

   (3) Notwithstanding sub-section (1), the Agency may, by direction in writing and subject to such conditions as it thinks fit, delegate to any member, Committee or Director any of its functions under this Act.

   (4) The Minister may give to the Agency such general or specific directions with respect to the carrying out of the functions of the Agency under this Act as the Minister may consider necessary and the Agency shall give effect to such directions.

 

5.   Powers of Agency

For the purpose of performing its functions the Agency shall have power to—

      (a)   classify, reclassify, close or divert any road;

      (b)   control traffic in the country during maintenance and construction of roads;

      (c)   after consultation with the Road Transport and Safety Agency, place temporary and permanent traffic signs;

      (d)   park vehicles, erect huts on private land during construction and maintenance of public roads;

      (e)   provide footpaths, cycle tracks and similar passageways;

      (f)   undertake ancillary work;

      (g)   construct, maintain and control storm-water drains;

      (h)   remove and alter road advertisements;

      (i)   enter upon land to carry out investigations connected with sitting, diverting, maintenance and construction of roads;

      (j)   recommend the reservation of land for proposed roads;

      (k)   regulate undertakers’ work across, on and within road reserves; and

      (l)   prevent damage to roads.

 

6.   Composition of Agency

   (1) The Agency shall consist of part time members appointed by the Minister as follows—

      (a)   a representative of the National Council for Construction;

      (b)   a representative of the Zambia National Farmers Union;

      (c)   a representative of the National Science and Technology Council;

      (d)   a representative of the Engineering Institute of Zambia;

      (e)   a representative of the Chartered Institute of Transport;

      (f)   a representative of—

      (i)   the ministry responsible for works and supply;

      (ii)   the ministry responsible for communications and transport;

      (iii)   the ministry responsible for local government and housing;

      (iv)   the ministry responsible for finance;

      (v)   the ministry responsible for tourism;

      (vi)   the ministry responsible for agriculture; and

      (vii)   the Attorney-General

      (g)   the Director of the Road Transport and Safety Agency;

      (h)   the Director of the National Road Fund Agency; and

      (i)   one other person.

   (2) The Director of the Road Traffic and Safety Agency and the Director of the Road Fund Agency referred to in paragraphs (g) and (h)   of sub-section (1) shall be ex-officio members of the Agency and shall have no vote.

   (3) The Chairperson shall be appointed by the Minister.

   (4) The Vice-Chairperson shall be elected by the members of the Agency from among their number.

   (5) The Agency shall report to the Committee of Ministers on Road Maintenance Initiative at such times and at such places as the Minister may determine.

   (6) The Committee of Ministers referred to in sub-section (5) shall comprise the Minister responsible for communications and transport who shall be the Chairperson, the Minister responsible for works and supply who shall be the Vice-Chairperson and the Ministers responsible for finance and national planning, local government and housing, energy and water development, agriculture and co-operatives, tourism, environment and natural resources and legal affairs.

   (7) A person shall not be appointed as a member of the Agency if the person—

      (a)   has been convicted of an offence under this Act;

      (b)   has been convicted of an offence involving fraud or dishonesty; or

      (c)   has been convicted of an offence against any other written law and sentenced to a term of imprisonment of not less than six months without the option of fine.

   (8) For the purposes of this section “Committee of Ministers on Road Maintenance Initiative” means a Committee responsible for the institution of sustainable maintenance.

 

7.   Director

   (1) The Agency shall, with the approval of the Minister, appoint a Director who shall be the chief executive officer of the Agency and, subject to the control of the Agency, be responsible for the day to day administration of the Agency.

   (2) The Agency shall, with the approval of the Minister, determine the terms and conditions of service of the Director.

   (3) The Director shall attend meetings of the Agency and may attend meetings of any committee of the Agency and may address the meetings, but shall have no vote.

 

8.   Secretary and other staff

   (1) The Director shall be the Secretary to the Agency.

   (2) The Agency may appoint such other staff of the Agency as it considers necessary for the performance of its functions under this Act.

   (3) The Agency shall with the approval of the Minister, determine the terms and conditions of service of staff of the Agency.

PART III
ROADS AND ROAD RESERVES

 

9.   Classification and vesting of public roads

   (1) The public roads of Zambia shall be classified as follows—

      (a)   primary roads being—

      (i)   the inter-territorial main roads specified in the Third Schedule; and

      (ii)   the territorial main roads, as defined in section 10;

      (b)   secondary roads, as defined in section 11;

      (c)   tertiary roads being—

      (i)   branch roads, as defined in section 12;

      (ii)   urban roads, as defined in section 13;

      (iii)   rural roads, as defined in section 14;

      (iv)   estate roads, as defined in section 15;

      (v)   park roads, as defined in section 16; and

      (vi)   any other category of roads that the Minister may, on recommendation of the Agency, by statutory instrument, prescribe.

   (2) The Minister may, on the recommendation of the Agency, by statutory order, designate any road to be a public road in accordance with the provisions and classifications of this Act.

   (3) Upon designation as a public road, the road shall vest in the President as public land.

   (4) All public roads shall be subject to such restrictions of use as the Minister may, on the recommendation of the Agency, prescribe.

 

10.   Inter-territorial main roads and territorial main roads

   (1) Inter-territorial main roads shall be the public roads so designated by the Minister, on the recommendation of the Agency, by statutory order and connecting Zambia to neighbouring countries.

   (2) Territorial main roads shall be the public roads, other than inter-territorial main roads so designated by the Minister on the recommendation of the Agency, by statutory order.

   (3) The Director shall be the road authority responsible for the construction, care and maintenance of inter-territorial roads and territorial main roads in any area including in a local authority area.

   (4) All expenses incurred in the construction, care and maintenance of the inter-territorial main roads and territorial main roads referred to in sub-section (3) shall be paid for from the Fund.

 

11.   District roads

   (1) District roads shall be the public roads so designated as districts roads as by the Minister, on the recommendation of the Agency, by statutory order.

   (2) The Minister may, on the recommendation of the Agency, appoint, by statutory order, a road authority in respect of all or any district roads in any area including a local authority area.

   (3) The road authority appointed under sub-section (2) shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of district roads.

   (4) All expenses incurred by the road authority in the construction, care and maintenance of district roads shall be paid for from the Fund.

 

12.   Branch roads

   (1) The Minister may, on the recommendation of the Agency, designate branch roads after application under section 23.

   (2) The Minister may designate branch roads on the Agency’s motion that the roads be designated as branch roads.

   (3) The Minister may, on the recommendation of the Agency, appoint a road authority in respect of all or any branch roads in any area including a local authority area.

   (4) The road authority appointed under sub-section (2) shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of branch roads.

   (5) The cost of the construction, care and maintenance of branch roads shall be paid for from the Fund.

 

13.   Urban roads

   (1) Urban roads shall be the public roads within a local authority area which may be designated urban roads by the Minister on the recommendation of the Agency, by statutory order.

   (2) The road authority in respect of any urban road shall be the local authority administering the area in which the road is situated and the local authority shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of the urban roads within its own area:

Provided that the Agency may, with the approval of the Minister, appoint any other person or institution to be responsible for the construction, care and maintenance of the urban roads within any such area.

   (3) The cost of construction, care and maintenance of urban roads shall be paid for from the Fund.

 

14.   Rural roads

   (1) Rural roads shall be the public roads within a local authority area which may be designated as rural roads by the Minister on the recommendation of the Agency, by statutory order, on the application of the Permanent Secretary of the province in which they are situated.

   (2) The road authority in respect of any rural road shall be the District Council administering the area in which the road is situated and the District Council shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of rural roads within its own area:

Provided that the Agency may, with the approval of the Minister, appoint any other person or institution to be responsible for the construction, care and maintenance of the rural roads within such area.

   (3) The cost of construction, care and maintenance of rural roads shall be paid for from the Fund.

 

15.   Estate roads

   (1) Estate roads shall be the public roads within 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 estate roads referred to in sub-section (1) shall be designated as estate roads by the Minister, on the recommendation of the Agency.

   (3) The Minister may, on the recommendation of the Agency, make rules for designation, provision, construction, care and maintenance of estate roads in any area being developed for residential plots or farms in terms of sub-section (1), other than an area which is subject to development scheme approved under the Town and Country Planning Act.

   (4) The road authority in respect of any estate road shall be any person or institution appointed by the Agency, with the approval of the Minister, in respect of that road and the road authority concerned shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of the estate road.

   (5) The cost of the construction, care and maintenance of estate roads shall be paid for from the Fund.

 

16.   Park roads

   (1) Park roads shall be the public roads outside a local authority area provided for purposes of internal access into a National Park.

   (2) Park roads may be designated as park roads, by the Minister, on the recommendation of the Agency, by statutory order, on the application of the Authority.

   (3) The road authority in respect of any park road shall be the road authority appointed by the Agency, with the approval of the Minister, in respect of that park road and the road authority concerned shall, subject to the direction of the Agency, be responsible for the construction, care and maintenance of the park roads within its own area.

   (4) The cost of construction, care and maintenance of park roads shall be paid for from the Fund.

 

17.   Exemption of roads from certain provisions of this Act

The Minister may, on the recommendation of the Agency, declare, by statutory order, that the provisions of sections 35, 36, 37, 48, 51, 56, to 62 shall not apply to branch roads, rural roads or estate roads in any area or areas which may be designated in the order.

 

18.   Public roads dedicated to public use

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

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

   (3) After commencement of this Act, no work in relation to the construction of a public road or proposed public 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 the 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 the 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 referred to in sub-section (3) other than a squatter, trespasser or any other person who has no title to the land over which the road is constructed.

   (5) Any claim for compensation referred to in sub-section (4) shall be submitted in writing and shall set out the nature of the interest of the claim of compensation and give details of any expenses or loss which may reasonably be incurred directly as a result of the taking or dedication to public use of land.

   (6) In the event of failure to agree upon the amount of compensation the matter shall be decided by arbitration in accordance with the Arbitration Act.

   (7) In the case of any arbitration referred to in sub-section (6) the arbitrator, in making an award shall, unless the Agency shall otherwise direct—

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

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      (b)   asses 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-

      (i)   where only part of the holding is taken, compensation for the part shall be calculated on the basis of its value as an integral part of the whole;

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

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

      (d)   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 the road; and

      (e)   take into consideration any compensation already agreed or otherwise determined in accordance with the provisions of section 47.

 

19.   Service of notice in reserves, etc.

Whenever under any of the provision of this Act any notice is required to be served upon the owner or occupier of land, in respect of reserves, the requirement shall be deemed to have been satisfied by the service of the notice upon the Council Secretary in whose District the land concerned is situated.

 

20.   Appointment of road authorities

   (1) The Minister may, on the recommendation of the Agency, by statutory order, appoint any person or institution as a road authority in respect of any public road.

   (2) The road authority appointed under sub-section (1) shall be responsible for the construction, care and maintenance of the roads specified in the statutory order.

   (3) All expenses incurred in the construction, care and maintenance of roads, for which the road authority appointed under sub-section (1) is responsible, shall be paid for from the Fund.

 

21.   Width of roads

   (1) The Agency may, declare by Gazette notice, the width of any road or class of roads.

   (2) Except as otherwise provided the width referred to in sub-section (1) shall be—

      (a)   for a trunk road, one hundred metres;

      (b)   for a main road, sixty metres;

      (c)   for a district road, thirty-six metres;

      (d)   for a branch road, thirty-six metres;

      (e)   for an urban road, thirty-six metres;

      (f)   for a park road, eighteen metres; or

      (g)   for any other class of road, eighteen metres.

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

   (4) The centre-line of a road shall lied down the centre line of a carriageway, unless the Minister, on the recommendation of the Agency, shall otherwise prescribed by statutory notice.

 

22.   Control points of access, structures, etc

   (1) The Minister may, on the recommendation of the Agency, 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 road authority shall have power to request the owners of buildings and property to provide service roads to give access to buildings or property and to prohibit erection of any buildings with a direct frontage on main or district road:

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

   (3) The Minister may, on the recommendation of the Agency, 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 ninety-one metres of the centre-line of any trunk, 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 the compensation shall be assessed.

 

23.   Designation of branch roads

   (1) Occupiers of land adjoining any road may apply to the Agency through a road authority to have the road designated a branch road.

   (2) An application for the designation of a road under sub-section (1) shall be made in writing and shall state—

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

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

      (c)   the terminal point to which it is proposed that the road should be designated.

   (3) The applicants shall give notice that the application has been or will be made, in the one newspaper published or circulating in the district through which it is produced to make the road.

   (4) The notice referred to in sub-section (3) shall call upon any person objecting to the application to a lodge objections to the application in writing at the office of the road authority within three months after the date of the publication of the notice.

 

24.   Report and recommendations to be submitted to Agency

   (1) The road authority, on receiving any application under sub-section (1) of section 23, 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.

   (2) A person who conducts an inspection of the proposed route under sub-section (1) shall submit a report on the proposed route to the road authority.

   (3) After considering any application and any objection to the application made under section 23 and after making such inquiries as it may consider fit, the road authority shall make a report and recommendations on the matter to the Agency.

   (4) If upon considering any report and recommendations made under sub-section (3) the Agency approves the application, the Agency shall make a recommendation thereon to the Minister.

   (5) The Minister shall, on the recommendation of the Agency made under sub-section (4), by statutory order, designate the road to be a branch road and may determine whether the whole or any part of the expense incurred in obtaining a report on, and causing, the road to be designated shall be paid and borne by the parties for whose use or at whose instance the road is designated.

 

25.   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 Agency through the road authority concerned to have the branch road designated a district road.

   (2) The applicants shall give notice that the application has been or will be made, in one newspaper published or circulating in the district through which the road runs.

   (3) The notice referred to in sub-section (2) shall call upon any person objecting to the application to lodge objections to the application in writing at the office of the road authority concerned, within three months after the date of the publication of the notice.

 

26.   Consideration and determination of application

   (1) The road authority on receiving any publication under section 25 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.

   (2) A person who conducts an inspection of the proposed route under sub-section (1) shall submit a report on the proposed road to the road authority.

   (3) After considering any application and any objection to the application made under section 25 after making such inquiries as it may consider necessary, the road authority shall make a report and recommendations on the matter to the Agency.

   (4) If upon consideration of any report and recommendations made under sub-section (3) the Agency approves the application, the Agency shall make a recommendation thereon to the Minister.

   (5) The Minister shall, on the recommendation of the Agency referred to in sub-section (4), by statutory order, designate the road a district road and may determine whether the whole or any part of the expenses incurred in obtaining the report on, or in causing, the road to be designated should be borne by the parties for whose use or at whose instance the road was designated.

 

27.   Reclassification, closure or diversion of road

The Agency may, with the approval of the Minister, by Gazette notice and advertisement in one newspaper published or commonly circulating in the district concerned, declare that any road or part of the road designated or classified as an inter-territorial main road or a territorial main road, district road, branch road or a rural road shall, as from the date to be stated in the notice, cease to be so designated or shall be reclassified or shall be diverted:

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

 

28.   Notice to be given

   (1) Before any Gazette notice under section 27 is published relating to the closing, reclassification or diversion of any road, the Agency or road authority shall cause a notice of the intention to close, reclassify or divert the road to be—

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

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

   (2) The notice referred to in sub-section (1) shall clearly describe the road sought to be affected and the situation of the road and shall call upon any person objecting to lodge at the office of the road authority concerned or the Agency within one month after the date of the publication of the notice in the Gazette and the objections in writing.

   (3) The Agency shall consider any objection made under this section.

   (4) Where the notice referred to in sub-section (1) is issued by the road authority, the road authority shall consider any objection and shall make recommendation to the Agency.

 

29.   Disposal of storm water

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

   (2) The road authority shall pay the owner or occupier of the land concerned for any loss or damage caused by water diverted under sub-section (1).

   (3) The amount of compensation payable for any loss or damage cause under sub-section (1) may be agreed at the time of the construction of the culvert, ditch or other work, and in default of agreement the amount shall be determined by arbitration in accordance with the Arbitration Act.

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

 

30.   Storm water from land adjoining

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

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

   (3) If permission is refused or any dispute as to the necessity for the enlargement or alteration of drains arises, the matter shall be referred for decision to the Director who, prior to making a decision, shall consult the Environmental Council.

   (4) Any person who fails to comply with the provisions of this section commits an offence.

   (5) For purposes of sub-section (3) “Environmental Council” means the Environmental Council established under the Environmental Protection and Pollution Act.

 

31.   Control of roads and traffic

   (1) The Agency may, by Gazette notice—

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

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

      (c)   prohibit any specified description of traffic from travelling on any public road or portion of it 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 of it;

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

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

      (g)   restrict the use of any public road or portion of it to traffic of a specified purpose or by or under the directions of any specified person; or

      (h)   prohibit the use of any public road by animals or by vehicular traffic of a kind 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 Agency shall cause a notice of its intention to make the prohibition or restriction to—

      (a)   be posted for general information at some conspicuous place outside the office of the Council Secretary of the District within which the notice is intended to operate, and, if the Council Secretary considers it necessary, at such other offices or places as the Council Secretary shall indicate; and

      (b)   be published once in the Gazette and in a newspaper circulating within the District.

   (3) The notice under sub-section (1) shall clearly described the road or portion of the road to be affected and shall contain full particulars of the proposed prohibition or restriction and shall call upon any person objecting to the prohibition or restriction to lodge at the office of the Director within one month after the date of the publication of the notice in the Gazette objection to the prohibition in writing:

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

   (4) The Agency may revoke, vary or amend any notice published under sub-section (1).

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

 

32.   Powers of road authority to control traffic

   (1) Subject to the provisions of this section, if a road 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 the 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 order or any part of it in such manner as may be specified, and direct that such traffic as may be affected by the prohibition or restriction shall use such other existing road o roads.

   (2) A road 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 the order comes into force, cause it to be published in like manner.

   (3) A notice under sub-section (2) shall contain a statement of the effects of the order and a description of the alternative route or routes available for traffic:

Provided that where the road 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 the road immediately, it may make any order under sub-section (1) without publication of any notice under sub-section (2).

   (4) Where an 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 the road, and the diversion route shall at all times be clearly indicated to traffic using it by means of suitable signs.

   (5) In addition to the powers conferred upon it by sub-section (1) and (3), a road 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 42 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 34 giving reasonable warning to traffic using the road or any closure or restriction.

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

 

33.   Traffic signs

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

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

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

   (3) The road 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 road authority may itself effect the removal and may recover summarily as a civil debt from the person in default the expenses incurred by it in effecting the removal.

   (5) The Agency may give directions to a road 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 signs maybe specified, or for converting a sign into a sign as may be specified for a converting a sign into a sign of another prescribed type.

   (6) If a road authority fails to comply with any direction given under sub-sections (4) and (5), the Agency may order the work to be carried out by the Director and the expenses incurred in so doing may be recovered summarily as a civil debt from the road authority concerned.

   (7) Notwithstanding any other provision of this Act, any traffic sign which was, before the commencement of this Act, lawfully erected underwritten law, and which is a traffic sign which may be specified by the Minister, on the recommendation of the Agency, by statutory notice, shall continue to have effect for such period as may be specified in the notice and shall during the period be deemed to be a traffic sign lawfully erected under this Act.

   (8) Any person who fails to comply with any direction conveyed by a road traffic sign displayed in the prescribed manner, unless otherwise directed by a police officer or road traffic inspector appointed under the Road Traffic Act, commits an offence and is liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both.

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

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

 

34.   Temporary traffic signs

   (1) A police officer or any person acting under the instructions, whether general or specific, of the Inspector-General of Police may place on any road, or on any structure on any road, traffic signs of any size, colour or type prescribed or authorized under sub-section (2) of section 33, being signs indicating such prohibitions, restrictions or requirements relating to vehicular traffic as may be necessary or expedient to prevent 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 road 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.

 

35.   Control of advertisements

   (1) Subject to the provisions of section 36, no person shall erect or display an advertisement which is visible from any road without the written permission of the road authority.

   (2) The road authority may grant or refuse the permission and if it grants the permission it shall state in the permission—

      (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 road authority may at any time alter or revoke any permission granted under this section.

 

36.   Removal of advertisements

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

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

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

the road authority, after consulting the Agency may, by notice in writing, direct the person displaying the advertisement 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 specified in the notice within the period specified in the notice.

   (2) If the person displaying the advertisement fails within the period specified to comply with the direction given in the notice the person commits an offence and is liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both.

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

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

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

   (6) Where the Minister dismisses an appeal 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 appeal.

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

 

37.   Exceptions

   (1) The provisions of sections 35 and 36 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 the advertisement;

      (b)   the display on a building, site, or within ninety-one metres of a building or site, of an advertisement which otherwise than a road—

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

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

      (c)   the display otherwise than on a road or 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 so displayed if the advertisement is displayed at an entrance to the land and not more than one advertisement is displayed in respect of any one such matters;

      (d)   the display, otherwise than on a road, of an advertisement which merely includes—

      (i)   the name of a farm;

      (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;

      (e)   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; or

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

   (2) If in the opinion of the Agency any advertisement displayed in accordance with the provisions of sub-section (1) is likely to prove a danger to the travelling public, the Agency may call upon the person displaying the advertisement, or, on the road authority concerned, to alter the advertisement or have it removed, and in such case the provisions of sub-sections (2), (3) and (4) of section 36 shall apply.

 

38.   Experimental schemes of traffic control.

   (1) Where it appears to the Inspector-General of Police expedient for the purpose of carrying out within any specified area an experimental scheme of traffic control, the Inspector-General may, with the consent of the Agency and after giving such notice as the Agency may direct, by Gazette notice, make regulations for regulating vehicular traffic in any manner specified by regulations:

Provided that in no case shall the Agency give consent to any scheme without prior consultation with the road authority.

PART IV
CARE, MAINTENANCE AND CONSTRUCTION OF ROADS

 

39.   Care, maintenance and construction of roads

Every road authority shall, subject to the directions of the Agency, undertake the construction, care and maintenance of the rods or classes of roads within such areas as may be included in the jurisdiction conferred upon it in accordance with the provisions of this Act:

Provided that if any road authority fails to maintain any road or a part of it lying within its jurisdiction the Agency may, after giving notice to the road authority, arrange for the works to be executed in such manner as the Agency shall direct.

 

40.   Immunity from liability of roads authorities and their staff

   (1) No matter or thing done or omitted to be done and no contract entered into by a road authority and no matter or thing done or omitted to be done by an officer or servant or other person acting under the direction of the road 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 road authority, subject any servant or agent of the road authority to any action, liability, claim or demand.

   (2) Any expense incurred by any servant or agent shall, in connection with any action, claim or demand referred to in sub-section (1), be paid by the road authority out of its funds.

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

Provided that the liability of a road 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 for physical damage to the person or property causes by the failure.

 

41.   Power of road authority to enter upon land.

   (1) A road 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 damage or destruction caused by the road authority in respect of improvements on the land concerned.

   (2) The road authority and the owner or occupier of the land shall agree upon the compensation referred to in sub-section (1):

Provided that where the road authority and the owner or occupier of the land concerned fail to agree upon the compensation to be paid under this section the matter shall be determined by the arbitration in accordance with the Arbitration Act.

   (3) 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.

 

42.   Power to construct and maintain deviations

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

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

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

 

43.   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 Agency 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 ninety-one metres on either side of the centre-line of the proposed course of the road, doing any act or intending to do any act which is calculated to interfere with any proposed road, the Agency may, in writing, request the owner or person to cease doing the act within such period as the Agency shall stipulate or not to do the act.

   (2) If any owner or person fails or refuses to comply with a request made in terms of sub-section (1), the Agency may, by Gazette notice, reserve a strip of land to a width of ninety-one metres on either side of the centre-line against all use of it.

   (3) The notice referred to in sub-section (2) shall specify each property affected by the reservation and shall prescribe the manner in which the area or area reserved shall be demarcated.

   (4) Publication of a notice of reservation in terms of sub-section (2) shall have effect of prohibiting 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 Agency may permit such limited use of the land concerned as the Agency may determine, subject to such conditions as the Agency may impose; and

      (ii)   if no action is taken in terms of section 44 within twelve months of the publication of the notice, the reservation shall be deemed to lapse.

   (5) 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 Agency of any of the powers conferred upon the Agency by this section.

   (6) As soon as possible after the publication of a notice of reservation in terms of this section the Agency shall lodge with 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 the properties affected.

 

44.   Reservation of road reserve

   (1) As soon as the course of any proposed road has been demarcated, the Agency, by advertisement in a newspaper commonly circulating in the District concerned, reserve a strip of land sixty metres wide along the course and shall notify the reservation in writing by registered post to the individual landowners concerned.

   (2) A notice referred to in sub-section (1) 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.

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

      (a)   reserving the strip of land described in the 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 Agency may permit such limited use of the land as the Agency may determine, subject to such conditions as the Agency may impose in granting that permission;

      (c)   cancelling any reservation made in terms of sub-section (2) of section 43 in respect of land affected by a reservation made in terms of this section, and any other land immediately adjacent to the land.

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

   (5) The Registrar of Lands and Deeds shall upon lodging of the plans under sub-section (4) register the details of the reservation in such form and manner as may be prescribed.

   (6) The Registration of the reservation under sub-section (5) shall not debar the registered owner of any land affected from transferring or otherwise dealing with the land.

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

 

45.   Withdrawal or modification of reservation

   (1) The Agency may at any time withdraw or modify any reservation made under the provisions of section 43 or 44 by Gazette notice and by notifying the Registrar of Lands and Deeds of the withdrawal or modification.

   (2) If the person fails to comply with the direction within the period specified under sub-section (1), the person commits an offence and is liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding three months, or to both.

   (3) The Director may cause to be carried out such works as may be necessary to restore the land any may recover from the person any expense incurred in the work.

 

47.   Compensation

   (1) Any person affected by the exercise of any of the powers conferred upon the Agency by sections 44 or 45 who wishes to claim compensation in respect of the exercise of powers shall submit in writing, within thirty days of the date of the publication of any in terms of sections 44 or 45 as the case may be, a statement a setting out the nature of the person’s 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 Agency shall not reject any land claim only on account of the statement not having been submitted within the period of thirty days if, in the Director’s 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 agreed upon between the parties or, failing such agreement, as may be settled by arbitration in accordance with the Arbitration Act.

 

48.   Power to take materials for road works

   (1) A road 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 from there any material, including water, other than water from an artificial dam, well or borehole except with the consent of the owner, necessary for the construction, maintenance or repair of roads or proposed roads and for the construction, maintenance or repair of roads or proposed roads and for providing in connection therewith labour camps, access roads and space for stockpiling and no compensation shall be payable except as provided in this section.

   (2) whenever a road considers it necessary to exercise the powers conferred by sub-section (1), it shall, after prior consultation with the owner, select any place or places which it may consider suitable from which to take material:

Provided that the owner or occupier of the land shall if the owner or occupier so desires be entitled to select another place or places on the land for the purpose, and if the other place or places shall be found by the road 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 road authority shall not be entitled to take possession of material on which any person other than its servants has expended any labour, take the stones or other materials from any house, wall or other structure.

   (4) If, in exercise of the powers conferred upon it by this section, a road authority considers it desirable for the purpose of obtaining any materials, to open any quarry or quarries extending in aggregate over more than one-hundredth part any holding, or over an area of more than one quarter of a Hectare on any holding or whichever is the less, the road authority shall pay to the owner of the land, compensation for surface disturbances in respect of the total area of any quarries which exceeds one-hundredth part of any holding or one quarter of a hectare of the holding, whichever is the less.

   (5) The compensation payable under sub-section (4) shall be mutually agreed between the road authority and the owner of the land.

   (6) Where the road authority and the owner of the land fail to agree as provided by sub-section (5), the amount of compensation shall be decided by arbitration in accordance with the Arbitration Act:

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

   (7) 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 road authority to the owner of the land in respect of improvements physically damaged or destroyed.

   (8) Where the road authority and the owner fails agree, the amount of compensation referred to in sub-section (7) shall be decided by arbitration in accordance with the Arbitration Act:

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

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

Provided that the openings shall be effectively closed by the road authority against the straying of live stock during the operations and the fences properly restored on completion of the work.

   (10) 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.

   (11) A road authority making quarries or borrow pits in accordance with the powers conferred by this section shall ensure that in any case where the 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, the quarry or borrow pit is filled in to the extent necessary to prevent the danger.

   (12) Any owner aggrieved by the decision of a road authority under this section may within thirty days appeal to the Agency:

Provided that, if the circumstances are such that in the opinion of the road authority any delay in exercising any right under this section would be unreasonable, the road authority concerned may take the materials forthwith, and the Agency may within thirty days make the subsequent order in the matter as the Agency considers fit.

   (13) For the purpose 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 the land respect of any compensation payable under this section.

 

49.   Road authorities’ employees may park vehicles, erect huts, etc., on private land

Persons employed by any road authority under this Act in the construction or repair of any road or proposed road shall have the right, provided that before exercising the 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 on condition that—

      (i)   no tents, huts or other temporary buildings shall be erected within four hundred and sixty metres of any dewlling-house; and

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

      (b)   to place and store plant and equipment on private land where there is sufficient 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 workers, provided it shall not be taken from any artificial dam, furrow or well or borehole except with the consent of the owner; and

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

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

 

50.   Contractors may exercise rights granted to road authority

The rights granted to and the obligations of a road authority under the provisions of sections 29, 42, 48 and 49 may be exercised by a contractor under the supervision or direction of the road authority engaged in the construction or repair of roads and on behalf of any road authority.

 

51.   Power to undertake ancillary works

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

   (2) A road 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, by traffic moving in another direction;

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

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

   (3) The powers conferred by sub-section (2) shall include to light any works as referred to in that sub-section, to pave, grass or otherwise cover than to 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 this section to construct any works shall include power to alter or remove them.

 

52.   Provision of footpaths, cycle tracks, etc.

A road authority shall provide where it shall consider it necessary or desirable, for the safety or accommodation of pedestrians and pedal cyclists, proper and sufficient footpaths by the side of roads under its control and to provide where it shall consider it necessary or desirable, for the safety or accommodation of ridden horses, driven livestock, agricultural machinery, grass or other margins or tracks by the side of roads under its control.

 

53.   Ferries and pontoons

   (1) A road 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 sub-section (1) shall be operated in accordance with the provisions of any law in force relating to inland water transport.

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

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

 

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

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

 

55.   Prevention of damage, etc.

   (1) Except as may be necessary in any emergency in order to enable a person 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 constructed to apply to a barrier of a pattern and in a position approved by the road authority and dully 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 materials so as to obstruct the road or endanger person using the road, or deposit rubbish, debris of 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 work, cause the flooding of any road, or

      (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.

   (2) The road authority may authorise under such conditions as it may impose the doing of an act otherwise prohibited under sub-section (1).

   (3) Any person who contravenes sub-section (1) commits an offence.

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

   (5) A road 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 sub-section (1) to remove the same within the time to be stated in the notice.

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

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

 

56.   Regulation of undertakers’ works

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

   (2) The Minister, on the recommendation of the Agency, may, by statutory instrument, make regulations—

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

      (b)   requiring a road authority to signify to the undertakers its approval or disapproval of the proposals within a specified time to give reasons for any disapproval;

Provided that in any case where the undertakers and the road authority are unable to agree with the details of the proposed works the undertakers may refer the matter to the arbitration in accordance with the Arbitration Act;

      (c)   requiring undertakers to give notice of the intention to commerce works approved or the subject of an arbitration

award and prescribing the form and manner in which the notice shall be served and the effect of it;

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

   (3) An undertaker who executes any work in contravention of this section commits an offence and is liable on conviction to a fine not exceeding three thousand penalty units.

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

 

57.   Execution of undertakers’ works

   (1) An undertaker shall execute works within roads in accordance with the proposals and details thereof as may have been agreed under the provisions of section 56 or in accordance with any arbitral award made under it, and with such dispatch 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 dispatch after completion of any part of the works to the reasonable satisfaction of the road authority.

   (3) If any undertaker fails to carry out reinstatement in accordance with the undertaker’s obligation under this section, the undertaker commits an offence and is liable on conviction to a fine not exceeding three hundred penalty units for each day during which the failure continues.

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

Provided that the road authority shall have given thirty days’ notice to the undertaker before remedying the sub-section or deterioration.

 

58.   Undertakers to provide warning and safety precautions

   (1) An undertaker or a contractor employed by an undertaker who is executing works shall ensure 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, the 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 56 are so placed, and where so directed, operated and lighted in accordance with any directions in that behalf that may be given by the Agency;

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

      (d)   that there is no greater obstruction to traffic of any road or interference with the normal use of the 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; and

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

   (2) An undertaker or contractor employed by an undertaker who fails to satisfy an obligation to which the undertaker is subject by virtue of sub-section (1), commits an offence and shall be liable upon conviction to a fine not exceeding seven thousand five hundred penalty units for each day during which the failure continues.

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

 

59.   Works at railway crossing

   (1) An undertaker executing works on a road at any railway level crossing shall apply with any reasonably requirements as to the arrangements for executing the works, as to hours of work, or as to any other matters which are imposed upon the undertaker 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 the works is reduced so far as is practicable.

   (2) If any undertaker fails to comply with an obligation to which the undertaker is subject by virtue of sub-section (1), the undertaker commits an offence and shall be liable, upon conviction, to a fine not exceeding seven thousand five hundred penalty units for each day during which the failure continues.

 

60.   Removal of apparatus

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

 

61.   Powers enjoyed by electricity undertakings

The Powers conferred upon authorised undertakings in terms of section 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.

 

62.   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 twelve months following—

      (a)   the end of any period during which the use by vehicles of the carriageway of the 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; or

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

   (2) The provisions of sub-section (1) shall not apply unless—

      (a)   the road 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; and

      (b)   the works for road purposes or resurfacing, as the case may be, were substantially begun, 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 the undertakers’ works or in either case within the extended period as may have been agreed between the road authority and the undertaker concerned.

   (3) Nothing in this section shall apply to any breaking up or opening of a road—

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

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

      (d)   in the case of any breaking up or opening of a road executed with the consent of the road 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)   the undertaker or contractor shall pay to the road authority an amount equal to any cost reasonably incurred by the road authority in restoring or repairing the road concerned;

      (b)   without prejudice to the undertaker or contractor’s liability under paragraph (a), the undertaker or contractor commits an offence and shall be liable, upon conviction, to a fine not exceeding seven thousand five hundred penalty units for each day during which the contravention continues.

PART V
AXLE WEIGHT CONTROL

 

63.   Minister to prescribe maximum laden and axle weight.

   (1) The Minister, on the recommendation of the Agency, may by regulations, prescribe the maximum laden weight and maximum laden axle weight of any vehicle that may be used on any road.

   (2) Regulations made under this section may provide that persons offending against the regulations shall be liable, upon conviction, of a fine not exceeding four hundred thousand penalty units or, in default of payment, to imprisonment for a period not exceeding five years, or to both.

[S 63(2) subs by s 2 of Act 10 of 2006.]

   (3) In the exercise of the powers conferred by this section, the minister may provide for different regulations to apply to different vehicles or different classes of vehicles.

 

64.   Prohibition of overloading

   (1) Any person who drives any vehicle on a public road whose maximum laden weight or maximum axle weight is in excess of the maximum laden weight or maximum axle weight prescribed in regulations made under section 63 commits an offence and is liable upon conviction to a fine not exceeding four hundred thousand penalty units or, in default of payment, to imprisonment for a period not exceeding five years, or to both.

[S 64(1) subs by s 3 of Act 10 of 2006.]

   (2) In passing sentence for an offence under sub-section (1) a conviction court shall have regard to the extent of damage caused to the road by the overloading.

 

65.   Impounding of vehicles

A road traffic officer in uniform or any police or any officer authorised by the Director may impound any vehicle on a public road whose axle load exceeds the maximum permitted axle load weight or laden weight.

[S 65 am by s 4 of Act 10 of 2006.]

 

66.   Prohibition of driving away impounded vehicle

Any person who drives away a vehicle which has been impounded under section sixty-five without lawful authority commits an offence and is liable, upon conviction, to a fine not exceeding four hundred thousand penalty units or in default of payment, to imprisonment for a period not exceeding five years.

[S 66 am by s 5 of Act 10 of 2006.]

 

67.   Weighing of certain vehicles

   (1) All vehicles on any road with a maximum gross weight of six and a half tonnes shall stop at all designated weight station for the purposes of having their gross weight ascertained.

   (2) A road traffic officer, police officer or an officer authorized by the Director may require the person in charge of a motor vehicle-

      (a)   to allow the vehicle or any trailer draw by it to be weighed, either laden or unladen, and the weight transmitted to the road by any parts of the vehicle or trailer in contact with the road to be tested; and

      (b)   for the purposes of allowing the vehicle to be weighed, proceed to a weighbridge or other machine for weighing vehicles.

[S 67(2) ins by s 6(a) of Act 10 of 2006.]

   (3) For purposes of enabling a vehicle or a trailer drawn by it to be weighed a road traffic officer, police officer or an officer authorized by the Director may require the person in charge of the vehicle to drive the vehicle or to do any other thing in relation to the vehicle or its load or the trailer or its load which is reasonably required to be done for that purpose.

[S 67(3) ins by s 6(a) of Act 10 of 2006.]

   (4) If, for the purpose of or in connection with the determination of any weight in relation to a motor vehicle which is brought to aweigh bridge in accordance with sub-section (1) or (2), a road traffic officer in uniform, a police officer or an officer authorized by the Director-

      (a)   drives a vehicle or does any other thing in relation to a vehicle or to its load or a trailer or its load; or

      (b)   requires the driver of a vehicle to drive it in a particular manner or to a particular place or to do any other thing to a vehicle or its load or trailer or its load; neither the road traffic officer, police officer or officer authorized by the Director nor any person complying with such a requirement shall be liable for any damage to, or loss in respect of, the vehicle or its load or trailer or its load unless it is shown that the officer or person acted without reasonable care:

Provided that a road traffic officer, police officer or an officer authorized by the Director may not require the person in charge of the motor vehicle to unload the vehicle or trailer or to cause or allow it to be unloaded for the purpose of its being weighed unladen.

[S 67(4) ins by s 6(a) of Act 10 of 2006.]

   (5) If a person in charge of a motor vehicle—

      (a)   refuses or neglects to comply with any requirement under sub-section (2) or (3); or

      (b)   obstructs a road traffic officer, police officer or an officer authorized by the Director in the exercise of the officer’s functions under this section;

the person commits an offence and shall be liable to a fine not exceeding fifty thousand penalty units or, in default of payment, to imprisonment for a period of not les than three months but not exceeding one year.

[S 67(5) ins by s 6(a) of Act 10 of 2006.]

   (6) A road traffic officer, police officer or officer authorized by the Director who permits to be driven on a public road a vehicle whose maximum laden weight or maximum axle is in excess of the maximum laden weight or maximum axle weight prescribed in regulations made under section 63 commits an offence and is liable upon conviction to a fine not exceeding four hundred thousand penalty units or in default of payment, to imprisonment for a period of not less than eighteen months but not exceeding five years, or to both such fine and imprisonment.

[S 67(6) ins by s 6(a) of Act 10 of 2006.]

   (7) The Minister shall, for the purposes of this Act on the recommendation of the Agency, by statutory order, designate weight stations.

[S 67(2) renumbered as s 67(7) by s 6(b) of Act 10 of 2006.]

 

67A.   Power to prohibit driving of overloaded vehicle

   (1) Where a vehicle has been weighed in terms of section 67 and it appears to a road traffic officer in uniform, a police officer or an officer authorized by the Director that the prescribed maximum laden weight or maximum axle weight has been exceeded or would be exceeded if it were driven on a public road, the road traffic officer, police officer or the officer authorized by the Director may give notice in writing to the person in charge of the motor vehicle prohibiting the driving of the vehicle on a public road until-

      (a)   that weight is reduced to the prescribed weight, or so that it is no longer excessive; and

      (b)   an official notification has been given to whosoever is for the time being in charge of the vehicle that it is permitted to proceed.

   (2) The road traffic officer, police officer or officer authorized by the Director referred to in sub-section (1) may by direction in writing require the person in charge of the vehicle to remove it, and, if it is a motor vehicle drawing a trailer, also to remove the trailer to such place, and subject to such conditions as may be specified in the direction:

Provided that the prohibition referred to under sub-section (1) shall not apply to the removal of the vehicle or trailer in accordance with the direction given under this sub-section.

   (3) For purposes of paragraph (b) of sub-section (1), an official notification—

      (a)   shall be in writing and given by a road traffic officer in uniform, a police officer or any officer authorized by the Director; and

      (b)   may be withheld until the vehicle has been weighed or re-weighed in order to satisfy the person giving the notification that the weight has been sufficiently reduced.

   (4) Any person who—

      (a)   drives a vehicle in contravention of a prohibition under sub-section (1);

      (b)   causes or permits a vehicle to be driven in contravention or such prohibition; or

      (c)   fails to comply within a reasonable time with a direction under sub-section (2);

commits an offence and shall be liable—

      (i)   for a contravention of paragraph (a) or (b), to a fine not exceeding four hundred penalty units or, in default of payment, to imprisonment for a period of not less than eighteen months but not exceeding five years, or to both such fine and imprisonment; or

      (ii)   for a contravention of paragraph (c), to a fine not exceeding fifty thousand penalty units or, in default of payment to imprisonment for a period of not less than three months but not less than one year.

[S 67A ins by s 7 of Act 10 of 2006.]

 

67B.   Absconding from weigh bridge

   (1) Any person who diverts a vehicle from a weighbridge is guilty of absconding and is liable to a kwacha equivalent absconding fee of two thousand United States Dollars:

Provided that if upon being weighed the vehicle is found to be overloaded the absconder shall in addition to paying the absconding fee be liable to the penalty specified in sub-section (1) of section 64;

   (2) Any person who—

      (a)   drives away a vehicle which has been impounded under section 65 without lawful authority; or

      (b)   drives, causes or permits to be driven, a vehicle in contravention of a prohibition issued under sub-section (1) of section 67A;

is guilt of absconding and, in addition to the penalty specified in sub-section (1) of section 65 and sub-section (4) of section 67A, is liable to a kwacha equivalent absconding fee of two thousand United States Dollars.

[S 67B ins by s 7 of Act 10 of 2006.]

 

67C.   Permit to move abnormal

   (1) Any person who intends to transport an abnormal load on a motor vehicle or trailer which is to be driven on a public road shall, prior to transporting the load, apply to Director for a permit in the prescribed form.

   (2) The application referred to in sub-section (1) shall be in writing and shall specify how the load shall be distributed.

   (3) The Director shall, upon receipt of an application made under sub-section (1) and upon payment of—

      (a)   the prescribed fee; and

      (b)   where appropriate, such surcharge for the transportation of the abnormal load as the Minister may, on the recommendation of the Agency, by statutory instrument, prescribe and if the application meets the requirements of this Act, issue a permit to transport the abnormal load:

Provided that the surcharge referred to in paragraph (b) shall not exceed the kwacha equivalent of thirty five thousand United States Dollars.

   (4) The permit referred to in sub-section (3) shall be in the prescribed form and may contain such terms and conditions as the Director may determine.

   (5) If upon being weighed at a weighbridge the abnormal load is found to be distributed differently and the weight of the motor vehicle or trailer exceeds that which was specified in the application, the applicant referred to in sub-section (1) shall pay to the Agency an additional surcharge for the difference.

   (6) Where a motor vehicle trailer carries an abnormal load that may cause damage to any road or road furniture the person responsible for the transportation of the abnormal load shall comply with precautions to prevent damage being caused to the road or road furniture.

   (7) If any visible damage is caused to any road or road furniture in the course of transporting the load shall pay to prevent damage being caused to the road or road furniture.

   (8) In this section—

“abnormal load” means a load which by its nature is indivisible and whose dimensions exceed the authorized dimensions of the motor vehicle or trailer it is to be loaded and whose weight when loaded onto the motor vehicle or trailer to exceed the prescribed maximum laden weight or maximum axle weight; and

“surcharge” means the amount of money payable as costs for the anticipated damage to the road.

[S 67C ins by s 7 of Act 10 of 2006.]

 

67D.   Awkward load

   (1) Where a motor vehicle or trailer which is weighed in accordance with section 67 is found to have exceeded the prescribed maximum laden weight or the maximum axle weight and it appears to a road traffic officer in uniform, police officer or an officer authorized by the Director that the vehicle is carrying an awkward load which cannot be safely off loaded, the officer shall impound the motor vehicle or trailer and direct the person in charge of the motor vehicle or the trailer and direct the person in charge of the motor vehicle or trailer to move it to a safe place pending further instructions.

   (2) An officer referred to in sub-section (1) may, where it appears to the officer that—

      (a)   the point of departure of the motor vehicle or trailer referred to in sub-section (1) is nearer to the weighbridge than its destination; or

      (b)   the destination of the motor vehicle or trailer referred to in sub-section (1) is nearer to the weighbridge than its point of departure;

the officer may issue an official notification to the person in-charge of the motor vehicle or trailer authorizing the person to return to the point of departure or proceed to the destination, as the case may be:

Provided that the officer shall not authorize a motor vehicle or trailer which is impounded under section (1) to be driven away unless—

      (a)   the person in charge of the motor vehicle or trailer has paid the prescribed penalty referred to in sub-section (5); and

      (b)   the registered owner of the motor vehicle or trailer has paid the prescribed penalty for the awkward load and the compensation for the damage caused to the road in accordance with sub-sections (3) and (4).

   (3) Where a motor vehicle or trailer carrying an awkward load is found to be overloaded, the registered owner of the motor vehicle shall pay a penalty for the awkward load at such rate as the Minister may, on recommendation of the Agency, by Statutory Instrument prescribe:

Provided that the penalty prescribed for an awkward load shall not exceed the kwacha equivalent of five thousand United States Dollars.

   (4) In addition to the penalty referred to in sub-section (3), the registered owner of the motor vehicle shall pay compensation for the damage caused to the road at such rate as the Minister may, on recommendation of the Agency, by Statutory Instrument prescribe.

   (5) A person in-charge of the motor vehicle or trailer found to be overloaded under sub-section (1) commits an offence and shall be liable to the penalty specified in section 64.

   (6) For the purposes of this section “awkward load” means a load that is hazardous in nature and which although it is divisible requires special equipment and safety precautions to offload at a weighbridge.

[S 67D ins by s 7 of Act 10 of 2006.]

 

67E.   Owner of motor vehicle to compensate Agency for damage to road

   (1) The registered owner of the motor vehicle or trailer which is impounded for an overloading offence under this part shall compensate the Agency for the damage caused to the road by such vehicle or trailer at such rate and within such period as the Minister may, on the recommendation of the Agency, by Statutory Instrument prescribe.

Provided that the rate prescribed as compensation for damaging a public road shall not exceed the kwacha equivalent of thirty-five thousand United States Dollars.

   (2) Any motor vehicle or trailer which is impounded for an overloading offence shall not be released by the Agency until the compensation referred to in sub-section (1) is paid.

   (3) A registered owner of the motor vehicle or trailer referred to in this section who disputes the rates of compensation payable under sub-section (1) may within seven days of receiving notification of such rate of compensation, appeal to the Minister subject to further appeal to the High Court.

   (4) The Minister shall, on the recommendation of the Agency, by Statutory Instrument prescribe the procedures by which a motor vehicle or trailer impounded under this Part, and for which the registered owner has failed or neglected to pay the compensation referred to in this section, may be disposed off.

   (5) Subject to the provisions of this section, any liability with respect to any compensation payable under this Part may be recovered at the suit of the Agency in that behalf.

[S 67E ins by s 7 of Act 10 of 2006.]

 

68.   Certificate of weight

Any heavy vehicle paying a public road shall carry a certificate of weight issued by an authorised weight station.

 

68A.   Payment of fine without appearing in court

   (1) The fines imposed for offences under this Part shall be paid on the spot and for that purpose the person driving an overloaded vehicle may sign and submit to a road traffic officer in uniform, a police officer or a person authorized by the Director a document admitting the person’s guilt for the offence and pay to the road traffic officer, police officer or the officer authorized by the Director the prescribed fine for the offence.

   (2) The document referred to in sub-section (1) when signed and submitted under that sub-section, shall forthwith be transferred to the clerk of the court before which such person would otherwise have been charged and tried and shall be entered into the records of the court.

   (3) Any road traffic officer, police officer or officer authorised by the Director who fails to remit the admission of guilt fines to the Agency or the admission of guilt form to the court, commits an offence and shall be liable, on conviction, to imprisonment for a term of not less than six months but not exceeding three years without the option of a fine.

[S 68A ins by s 8 of Act 10 of 2006.]

 

68B.   Fines to be remitted into Road Fund

The moneys collected as compensation, penalties, surcharges and fines for offences under this Part shall be paid into the Road Fund and shall be applied by the Agency to the repair and maintenance of roads and for purposes of the axle load programme.

[S 68B ins by s 8 of Act 10 of 2006.]

 

68C.   Forfeiture of certain vehicles

Upon the conviction of an offence under this Part, if the court is satisfied that the owner of the vehicle was a party to the offence, or that the offence was committed with the owner’s knowledge, the court may, in addition to any other sentence, order the forfeiture of such vehicle to the Agency:

Provided that no forfeiture shall be ordered without first giving the owner an opportunity to be heard on the issue.

[S 68C ins by s 8 of Act 10 of 2006.]

 

68D.   Appointment of agent to operate weighbridge

   (1) The Agency may, on such terms and conditions as the Agency may determine, appoint a company or an institution to operate a weighbridge on behalf of the Agency.

   (2) A company or an institution shall not be appointed to operate a weighbridge on behalf of the Agency if the company or institution is an operator in the road or rail transport sector.

   (3) For the purposes of sub-section (2), a company or institution is an operator in the road or rail transport sector if it conducts—

      (a)   freight forwarding and clearing business;

      (b)   courier service business; or

      (c)   haulage business; or

      (d)   such other related business as the Agency may determine.

[S 68D ins by s 8 of Act 10 of 2006.]

PART VI
MISCELLANEOUS

 

69.   Power to local authority to collect parking fees

   (1) A local authority may charge fees in respect of parking of vehicles o any public road within the area of its jurisdiction.

   (2) The fees referred to in section (1) may differ in respect of different public roads or different sections of the same public road.

   (3) If a parking meter is installed for the purpose of collecting fees referred to in sub-section (1), it shall be installed in conjunction with a demarcated parking bay and shall bear on it a label indicating the days and hours when payment shall be made for parking and the amount payable for a specific period of parking.

   (4) If any method other than a parking meter is used to collect the fees referred to in sub-section (1), it shall be installed in conjunction with a demarcated parking bay or bays and shall bear thereon a legend indicating the days and hours when payment shall be made for parking, the amount payable for a specified period of parking and the manner of payment.

   (5) The period of time for which a vehicle may be lawfully parked in a parking bay referred to in sub-section (3), shall, unless the contrary is proved, be as measured by the parking meter for the bay.

   (6) If any method other than a parking meter is used to collect the fees referred to in sub-section (1), the period of time for which a vehicle may be lawful parked in a parking area referred to in sub-section (3), shall, unless the contrary is proved, be as measured by means of the method concerned in respect of the vehicle concerned.

   (7) Any local authority may establish upon a public road within the area of its jurisdiction ranks or stands, to be known as special parking places, for the parking of passenger-carrying motor vehicles or any class of vehicles and may make by-laws—

      (a)   for the regulation and control of the use of those special parking places;

      (b)   providing for the issue of permits allocating particular special parking places to particular person’s for their exclusive use;

      (c)   providing for the prohibition of the use of any special parking places or subdivision so allocated by any other person or vehicle;

      (d)   providing for charging of fees in respect of the use of special parking places; and

      (e)   providing for matters incidental to it:

Providing that provision may be made in any permit or in any renewal of a permit for the limitation of the hours during which the holder shall have the exclusive use of a particular special parking place and during the use of it by any other person or vehicle is prohibited.

   (8) By-laws made under sub-section (7) shall provide for the annual renewal, subject to the good conduct of the applicant, of the right to use any special parking place or subdivision of it.

   (9) All fees collected by a local authority by means of a parking meter, or in respect of any parking area or special parking places as contemplated in this section, shall, as far as possible, be used to defray the cost of, and incidental to, any scheme, work or undertaking for the improvement or regulation of traffic conditions within the area of the local authority, including the costs of installation and maintaining any parking meter, parking area or special parking place.

   (10) The exercise by a local authority of its powers under this section shall not render the local authority subject to any liability in respect of the loss of or damage to any vehicle or the contents or fittings of any vehicle while the vehicle is in a parking area or special parking place.

 

70.   References to Director of Roads

On the appointed date, reference in any written law or any other legal document to the Director of Roads shall be read and construed as reference to the Director appointed under section 7 of this Act.

 

71.   Liability of owner and driver for damage

   (1) Where any bridge or ferry is damaged—

      (a)   by reason of any vehicle passing over it in contravention of the provisions of this Act;

      (b)   by reason of any vehicle passing over the bridge and coming into contact with any portion of it other than the surface of the road;

the owner of the vehicle and any person driving or propelling it shall jointly and severally be liable to the Agency for any damage so caused.

   (2) A certificate under the hand of any person authorised in that behalf by the Agency, stating the amount of the cost making good the damage, shall be prima facie evidence of the cost.

 

72.   Liability of Agency for failure to sustain vehicle

The Agency, a road authority or any other person, responsible for the maintenance of any road or ferry under this Act, shall incur liability in respect of any injury, damage or loss which may be caused to any person or property through the failure of any road or ferry to sustain any vehicle.

 

73.   Delegated authority

Notwithstanding the provisions of any other law, no local authority or other body of persons, shall exercise any power relating to the construction, maintenance or care of any road or ferry except where the power has been delegated by the Agency under this Act.

 

74.   Closing of roads

   (1) Subject to the provisions of the Road Traffic Act, the Agency or any person authorised by it may at any time, by notice displayed on or over or adjacent to any road or ferry or part of it, restrict or prohibit movement of any vehicle, class of vehicle or vehicle of a specified construction where owing to likelihood of serious damage to the road or ferry or injury or danger to the public, the Agency or the person authorised by the Agency considers it necessary.

   (2) Any notice referred to in sub-section (1) shall contain such information as may be necessary relating to an alternative route, if any, available for traffic.

   (3) A person who uses any road or ferry in contravention of this sector commits an offence and is liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

 

75.   Construction of bridge over open water sewer

   (1) No person shall without written consent of the Agency construct any bridge or other means of crossing over any open water or sewer contiguous to any road.

   (2) The Agency may, if requested to do so by any person and upon payment of such amount of money as may be estimated for the construction of a bridge, construct any bridge, and may execute all works necessary for that purpose.

   (3) Any person who contravenes the provisions of sub-section (1) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

   (4) The Agency may remove any bridge constructed in contravention of sub-section (1) and may repair any damage done by its construction or removal and shall recover the expenses from the person who has committed the offence under sub-section (3) as if it were a debt due from the person to the Agency.

 

76.   Excavation in roads

   (1) No person shall, without the written consent of the Agency, make any excavation in any road.

   (2) Where with the consent of the Agency, any person makes any excavation in any road, the person shall—

      (a)   at the person’s own expense, cause the excavation to be sufficiently fenced;

      (b)   maintain sufficient light in a proper place or near the excavation every night from sunset to sunrise, and

      (c)   fill the excavation up and restore the road to satisfaction of the Agency as soon as possible after completing any work for which the excavation was required or within such time as the Agency may specify.

   (3) Any person who contravenes the provisions of sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

 

77.   General penalty

Any person who commits an offence under this Act for which no special penalty is provided shall be liable, upon conviction, in the case of a first offence, to a fine not exceeding one thousand five hundred penalty units and, in case of a second or subsequent offence, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding three months, or to both.

 

78.   Regulations

   (1) The Minister may, by statutory instrument, make regulations for the proper carrying into effect of the provisions of this Act.

   (2) In particular and without prejudice to the generality of the foregoing, the regulations under sub-section (1) may make provisions for—

      (i)   the gross weight, laden or unladen, of any vehicles, the height and width of any load which may be carried by any vehicle, the manner of loading any vehicle, the extent to which any load may project in any direction and the maximum mass that may be transmitted to a public road or any specified area of it by a vehicle or any part of it when the vehicle is operated on a public road;

      (ii)   the protection of any public road, the weight, tyres and load of any vehicle in relation to any specified bridge or ferry, the time when and speed at which any vehicle of a specified weight may be allowed to cross any bridge or ferry, and furnishing of security by any person against damage to any public road by reason of heavy traffic, and making good the cost of repairing the damage;

      (iii)   the parking of vehicles on public roads, the levy of any charges therefore, the leaving of vehicles at rest in dangerous positions, the abandoning of vehicles, their removal from a public road, the disposal of vehicles and the recovery of expenses in connection with the removal or disposal;

      (iv)   trading on or alongside public roads; and

      (v)   the doing of all such things as may be necessary for the proper carrying out of the purposes of this Act.

 

79.   Amendment of Cap. 464 and transitional provisions

   (1) Parts I, II, III and IV of the Roads and Road Traffic Act, 1958 are hereby repealed.

   (2) Notwithstanding the repeal of the parts of the Roads and Road Traffic Act referred to in sub-section (1), any subsidiary legislation made under the Act in force immediately before the commencement of this Act—

      (a)   shall remain in force unless inconsistent with this Act and be deemed to be subsidiary legislation under this Act;

      (b)   may be replaced, amended or repealed by subsidiary legislation made under this Act;

      (c)   any regulation, order or direction made or given and in force, immediately before the commencement of this Act, shall under that Act, unless contrary to this Act, continue in force until revoked, as if made or given under this Act.

   (3) The Second Schedule shall have effect in relation to transitional provisions in respect of the Roads Department.

FIRST SCHEDULE

[Section 3]

PART I
ADMINISTRATION OF AGENCY

 

1.   Seal of Agency

   (1) The seal of the Agency shall be such device as may be determined by the Agency and shall be kept by the Secretary.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Agency.

   (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Secretary or any other person generally or specifically authorised by the Agency in that behalf.

   (4) Any document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

 

2.   Tenure of office and vacancy

   (1) Subject to the other provisions of this Act, a member of the Agency shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment for one further term of three years:

Provided that the first members shall be appointed for periods ranging from two to three years in order to facilitate retirement by rotation.

   (2) A member other than the ex officio members may resign upon giving one month’s notice, in writing, to the organisation which nominated the member and to the Minister.

   (3) The office of the member shall become vacant—

      (a)   upon the member’s death;

      (b)   if the member is absent without reasonable excuse from three consecutive meetings of the Agency of which the member has had notice;

      (c)   on ceasing to be a representative of the organisation which nominated the member;

      (d)   if the member becomes mentally or physically incapable of performing the duties of a member of the Agency; or

      (e)   if the member is declared bankrupt.

   (5) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor has been appointed but in no case shall the further period exceed four months.

 

3.   Filing of causal vacancy

Whenever the office of a member becomes vacant before the expiry of the term of office the Minister may appoint another member in place of the member who vacates office but such member shall hold office only for the unexpired part of the term.

 

4.   Proceedings of Agency

   (1) Subject to the other provisions of this Act, the Agency may regulate its own procedure.

   (2) The Agency shall meet for the transaction business at least once every three months at such place and times as the Chairperson may determine.

   (3) The chairperson may, upon giving notice of not less than fourteen days, call a meeting of the Agency and shall call a special meeting to be held within fourteen days of receipt of a written request to the Chairperson by at least five members of the Agency.

   (4) If the urgency of any particular matter does not permit the giving of such notice as is required under subparagraph (3) a special meeting may be called by the Chairperson, upon giving a shorter notice.

   (5) Seven member of the Agency, other than the ex-officio members, shall form a quorum at any meeting of the Agency.

   (6) There shall preside at any meeting of the Agency-

      (a)   the Chairperson; and

      (b)   in the absence of the Chairperson the Vice-Chairperson, and in the absence of the Chairperson and the Vice-Chairperson such member as the members present may elect for the purpose of that meeting.

   (7) A decision of the Agency on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote.

   (8) The Agency may invite any person, whose presence is in its opinion desirable, to attend an to participate in the deliberations of the meeting of the Agency but such person shall have no vote.

   (9) The validity of any proceedings, act or decision of the Agency shall not be affected by any vacancy in the membership of the Agency or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

 

5.   Committees of Agency

   (1) The Agency may, for the purpose of performing its functions under this Act, constitute any committees as it considers necessary and may delegate to any committees such of its functions as it considers fit.

   (2) The Agency may appoint as members of a committee, persons who are, or are not, members of the Agency, except that at least one member of a committee shall be a member of the Agency.

   (3) A person a serving as a member of a committee shall hold officer for such period as the Agency may determine.

   (4) Subject to any specific or general direction of the Agency, a committee may regulate its own procedure.

 

6.   Allowances for members

The members of the Agency or any committee shall be paid such allowances as the Agency may, with the approval of the Minister, determine.

 

7.   Disclosure of interest

   (1) If a member or person is present at a meeting of the Agency or any committee of Agency at which any matter is the subject of consideration in which matter the member or person or the member or person’s spouse is directly or indirectly interested in a private capacity is the subject of consideration the member or person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Agency or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter.

   (2) A declaration of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

 

8.   Prohibition of disclosure of information

   (1) A person shall not, without the consent in writing given by, or on behalf of, the Agency, publish or disclosure to any person otherwise than in the course of duties, the contents of any documents, communication, or information which relates to, and which has come to that person’s knowledge in the course of duties under this Act.

   (2) Any person who knowingly contravenes the provisions of sub-section (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for period not exceeding three months, or to both.

PART II
FINANCIAL PROVISIONS

 

9.   Funds of Agency

   (1) The funds of the Agency shall consist of such moneys as May—

      (a)   be appropriated to the Agency by Parliament for purpose of the Agency;

      (b)   be allocated to the Agency from the fund;

      (c)   be paid to the Agency by way of grants or donations; and

      (d)   vest in or accrue to the Agency.

   (2) The Agency May—

      (a)   accept moneys by way of grants or donations from any source in Zambia and subject to the approval of the Minister, from any source outside Zambia;

      (b)   subject tot he approval of the Minister, raise by way of loans or otherwise, such money as it may require for the discharge of its functions; and

      (c)   in accordance with the regulations made under this Act, charge fees for services provided by the Agency.

   (3) There shall be paid form the funds of the Agency—

      (a)   salaries, allowances, loans, gratuities and pensions of staff of the Agency and other payments for the recruitment and retention of staff;

      (b)   such reasonable travelling and subsistence allowance for members and members of any committee of the Agency when engaged on the business of the Agency and at such rates as the Agency may, with the approval of the Minister, determine; and

      (c)   any other expenses incurred by the Agency in the performance of its functions.

   (4) The Agency may after the approval of the Minister invest in such as it thinks fit such of its funds as it does not immediately require for the discharge of its functions.

 

10.   Financial year

The financial year of the Agency shall be the period of twelve months ending on 31st December of each year.

 

11.   Accounts

   (1) The Agency shall cause to be kept proper books of account and other records relating to its accounts.

   (2) The accounts of the Agency shall be audited annually by independent auditors appointed by the Agency, subject to the approval of the Minister.

   (3) The auditor’s fees shall be paid by the Agency.

 

12.   Annual report

   (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Agency shall submit to the Minister a report concerning its activities during the financial year.

   (2) The report referred to in sub-section (1) shall include information on the financial affairs of the Agency and there shall be appended to the report—

      (a)   an audited balance sheet;

      (b)   an audited statement of the income and expenditure; and

      (c)   such other information as the Minister may require.

   (3) The Minister shall not later than seven days after the first sitting of the National Assembly next after seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-paragraph (1), lay the report before the National Assembly.

SECOND SCHEDULE

[Section 78]

SAVING AND TRANSITIONAL PROVISIONS IN RELATION TO THE ROADS DEPARTMENT

 

1.   Vesting of assets of Roads Department

   (1) On or after the appointed date, there shall be transferred to, and vest in or subsist against, the Agency by virtue of this Act and without further assurance—

      (a)   the affairs of the Roads Department; and

      (b)   the affairs of the Department of Infrastructures and Support Services in relation to urban and feeder roads;

      (c)   subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Roads Department.

   (2) Except as provided in this Act, every deed, bond and agreement (other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the Roads Department, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this sub-section, have effect as from the date of the assignment thereof, as if-

      (a)   the Agency had been a party thereto;

      (b)   for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Agency; and

      (c)   for any reference to any officer of the Roads Department not being a party thereto and beneficially interested therein there were substituted, as regards anything falling to be done on or after the appointed date, or reference to the officer of the Agency as the Agency shall designate.

   (3) Subject to the provisions of sub-section (2), documents, other than those referred to therein, which refer specifically or generally to the Roads Department shall be construed in accordance with sub-section (2) as far as applicable.

 

2.   Registration of property to be transferred by Government

   (1) Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Government through the Roads Department are deemed transferred to the Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate authority for registration of the transfer.

   (2) The registration authority referred to in subparagraph (1) shall make the entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, rights or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.

 

3.   Legal proceedings

   (1) Without prejudice to the other provisions of this Act, where any right, liability or obligation vests in the Agency by virtue of this Act, the Agency and all other persons shall, as from the appointed date, have the same rights, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Agency.

   (2) Any legal proceedings or application of any authority pending immediately before the appointed date, by or against the Government in respect of the Roads Department may be continued by or against the Agency.

   (3) After the appointed date, proceedings in respect of any right, liability or obligation which were vested in, held, enjoyed, incurred or suffered by the Government in respect of the Roads Department may be instituted by or against the Agency.

 

4.   Terms of service of employee of Roads Department

   (1) On or after the appointed date, the Agency shall on the terms and conditions as it may with the approval of the Minister, determine appoint as officers of the Agency public officers from the Public Service as may be necessary for the performance of the functions of the Agency.

   (2) Where an officer from the Public Service is appointed to the service of the Agency—

      (a)   the terms and conditions of service with the Agency shall not be less favourable than those the officer enjoyed in the Public Service; and

      (b)   the officer shall be deemed to have retired under section 39 of the Public Service Pensions Act.

   (3) On or after the appointed date employees of the Roads Department who are not engaged by the Agency under sub-section (2) shall be retained by the Government and shall—

      (a)   be redeployed in the service of the Government; or

      (b)   be retired under section 39 of the Public Service Pensions Act.

THIRD SCHEDULE

[Section 9]

INTER-TERRITORIAL MAIN ROADS

 

 

Country 

Road

From 

 

To 

 

Route 

Zambia 

1. Zimbabwe

2. Zimbabwe

3. Kapiri Mposhi

4. Lusaka

5. Chingola 

Kafue River Bridge (joins 2)

Tanzania

Lubumbashi (Congo D.R.)

Malawi

Angola 

Victoria Falls-Livingstone-Kafue River Bridge

Chirundu-Kafue Bridge-Lusaka-Tunduma

Via Ndola, Kitwe and Chingola

Via Chipata

North-Western via Solwezi-Mwinilunga

 
 

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