CHAPTER 465
TOLLS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADMINISTRATION

   3.   Designation of toll authority

   4.   Functions of Agency

   5.   Inspectorate unit

   6.   Toll collectors

PART III
TOLLS

   7.   Imposition of toll

   8.   Toll points

   9.   Payment of toll

   10.   Exemptions

   11.   Use of toll fees

   12.   Suit for recovery

   13.   Register

PART IV
CONCESSION AGREEMENTS

   14.   Concession agreement

   15.   Exercise of toll road function by concessionaire

   16.   Exercise of toll road function by Agency

   17.   Utility contracts

   18.   Duty to maintain toll road

   19.   Closure of toll road

   20.   Power of concessionaire to assign or delegate

   21.   Transfer on termination of concession agreement

PART V
GENERAL PROVISIONS

   22.   General offences and penalties

   23.   Summary imposition of penalties

   24.   Forfeiture of certain vehicles

   25.   Regulations

   26.   Repeal of Tolls Act

AN ACT

to establish and provide for the operation of toll roads; provide for the charging and collection of tolls; provide for private sector participation in the tolling of roads; repeal and replace the Tolls Act, 1983; and provide for matters connected with, or incidental to, the foregoing.

[15th April, 2011]

Act 14 of 2011.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Tolls Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Agency” means the Road Development Agency established under the Public Roads Act, 2002;

“concessionaire” means a person authorised by the Minister to manage a toll road under a concession agreement pursuant to section 14, and includes a successor, delegate, transferee or assignee of the concessionaire;

“concession agreement” means an agreement made pursuant to section 14;

“development” means the upgrading of a road to a new standard, including the construction of a new road or bridge or widening or rehabilitation of a road;

“Director” means the person appointed Director under section 6 of the Public Roads Act, 2002;

“inspector” means a person appointed as such under section 5;

“maintenance” in relation to a road, means all works to preserve road quality, road shape, drain, culverts, structures and bridges, spot improvement of bad spots to maintain accessibility, re-sealing, re-shaping and re-gravelling;

“road” has the meaning assigned to it in the Public Roads Act, 2002;

“Road Fund” means the National Road Fund established under section 16 of the National Road Fund Act, 2002;

“toll” means a fee paid or payable on any road, border post, bridge, pontoon or other place, where the Agency or a concessionaire operates a toll point;

“toll collector” means a person appointed as such under section 6;

“toll road” means a road on which a toll is payable under this Act; and

“vehicle” means a vessel drawn, propelled or driven by any kind of power generated by an automated engine, and capable of being used as a means of transportation on land, but does not include a wagon, dray, cart, carriage or bicycle.

PART II
ADMINISTRATION

3. Designation of toll authority

The Agency shall, subject to the direction of the Minister, be responsible for the administration and implementation of the provisions of this Act.

4. Functions of Agency

The functions of the Agency are to—

      (a)   regulate the operation and maintenance of toll roads;

      (b)   monitor compliance of concessionaires with the terms and conditions of concession agreements;

      (c)   advise the Minister on the design, construction, safety, regulation, operation and maintenance of toll roads; and

      (d)   perform such other function as may be conferred by, or under, this Act or any other law.

5. Inspectorate unit

   (1) The Agency may, in order to ensure compliance with the provisions of this Act, establish, under the general supervision of the Director, an inspectorate unit.

   (2) The Agency may appoint any suitable person to be an inspector on such terms and conditions as the Agency may determine.

   (3) The Agency shall provide an inspector with a certificate of appointment, in the prescribed form, which shall be prima facie evidence of the inspector’s appointment as such.