PUBLIC ROADS ACT: SUBSIDIARY LEGISLATION

"Abnormal load" means a load, which by its nature is indivisible and whose dimensions exceed the authorised dimensions of the motor vehicle or trailer on which it is to be loaded and whose weight when loaded onto the motor vehicle or trailer may or maynot cause such motor vehicle or trailer to exceed the prescribed maximum laden weight or maximum axle weight;

"Act" means the Public Roads Act, 2002;

"Agency" means the Road Development Agency established under the Act;

"articulated vehicle" means a combination of vehicles comprising a motor vehicle and a semi-trailer coupled to the motor vehicle;

"awkward load" means a load that is hazardous in nature and which although it is divisible requires special equipment and safety precaution to offload;

"axle load" means weight transmitted on road by an axle bearing two pneumatic tyres or more;

"authorised officer" means any person authorised to provide vehicle loading control services by the Agency;

"Director" means the person appointed as Director under the Act;

"group of axles" means an axle-combination of two axles or more and interconnected with space between the centers of the axles from 1.2m to 1.8m;

"Gross vehicle mass" (GVM) means the weight of a vehicle, including any load, person or animal, or the net weight of the motor vehicle and the trailer together with the actual weight thereon;

"interlink" means an overall combination of vehicles where a motor vehicle is pulling more than one trailer simultaneously;

"OIML" means Organisation Internationale de Metrologie Legale;

"overload" means an axle load, a load from a group of axles, or gross vehicle mass on a vehicle exceeds the prescribed legal limits for the vehicle or for any particular part of public roads;

"single axle" means an axle capable of supporting a minimum of two pneumatic tyres;

"super single tyre" means a single mounted tyre specially designed to substitute a combination of dual mounted tyres on an axle;

"tandem axle " means two axles interconnected with a distance between the centers of the axles from 1.2m to 1.8m and constructed in such a manner that any load imposed upon them will automatically be distributed in proportions pre-determined by the design of the suspension system, regardless of the road profile or road condition;

"triple axle" means three axles interconnected in one unit and with a distance between the individual axles from 1.2m to 1.8m and constructed in such a manner that any load imposed upon them will automatically be distributed in proportions pre-determined by the design of the suspension system, regardless of the road profile or road condition;

" weighbridge certificate " means a certificate issued at a weighbridge to all loaded vehicles above authorised GVM of 6,500 kg at weighbridge stations;

"Weighbridge" means a bridge with all its equipment established on the road or alongside the road at which vehicles are weighed by weighing device (machine)to determine the weight of vehicles.

3. Application

These Regulations shall apply to all vehicles with a permissible Gross Vehicle Mass (GVM) of six thousand five hundred kilograms and above.

PART II
USE OF HEAVY VEHICLES ON PUBLIC ROADS

4. Maximum laden weight and axle weight of vehicles

(1) The maximum laden weight of a vehicle or trailer shall not exceed the manufacturer's permitted gross weight of such vehicle or trailer or the maximum laden weight set out in the First Schedule for such vehicle or trailer whichever is less.

(2) The maximum weight carried on any axle of a vehicle or trailer shall not exceed the manufacturer's permitted axle weight or the weight specified in the Second Schedule, whichever is less.

5. Calculation of GVM

(1) The maximum GVM for an articulated vehicle at fifty tons, shall be determined by reference to the distance from the center of the first axle in the pulling vehicle to the center of the last axle on the semi-trailer, set to not less than 13.6 meters.

(2) The maximum GVM for one vehicle, a draw-bar trailer or any other type of interlinked combination at fifty-six tons, shall be determined by reference to the distance from the center of the first axle in the pulling vehicle to the center of last axle on the trailer set to not less than 17.6 meters.

(3) The GVM specified in sub-regulation (1) and (2) shall be reduced by one ton for each 0.5 meter reduction in distance between the center of the first axle and the center of the last axle in the vehicle combinations.

(4) The limits of the GVM shall be as defined in the Schedules to these Regulations and where the GVM set by the manufacturer of the vehicle is lower than that prescribed in the First Schedule, the lower limit shall apply.

(5) The Minister may, in consultation with the Agency reduce the GVM for a motor vehicle set out in the First Schedule where there exists a declared national disaster or emergency, for a particular part of a road.

(6) Where the GVM limit specified for any motor vehicle is reduced by the Minister during the existence of a declared national disaster or emergency, for a particular part of a road, the reduced limit shall apply.

(7) Any reduction to the authorised limit of the GVM by the Minister shall be done in consultation with the Agency.

(8) A reduction of the authorised GVM shall not last more than thirty consecutive days and may be extended where the conditions giving rise to the reduction continue to exist.

(9) A reduced limit shall cease to be applied where the conditions giving use to the reduction cease to exist.

6. Distribution of axle-load

The GVM shall be distributed on axles in the manner specified in the Second Schedule to these Regulations.

7. Limitation of axle load limits

(1) No individual axle, single or as one of the tandem or triple axles shall carry more than ten (10) metric tons.

(2) Where the limit set in the Second Schedule is reduced by the Minister due to a declared national disaster or emergency for a particular part of the road, the reduced limit shall apply.

(3) The axle load limit shall not exceed the lesser of the limits set in the Schedule or the manufacturer's recommended limits.

(4) Any classification of axles or axle-combination of any type shall be determined at the place where the vehicle is found or weighed.

(5) An axle with a defective wheel, axle or suspension configuration, and outside the manufacturer's specifications, shall not exceed three tons less than the actual legal axle-load limit set for a similar fully equipped single axle.

(6) The weight of axle-combinations where axles are found to have abnormal wheel-axle or suspension configurations, and outside the manufacturer's specification, shall not exceed six tons less than the actual legal limit set for a similar fully equipped axle-combination.

(7) The enforcement of these Regulations by the Agency in connection with an abnormality under paragraphs (5) and (6) shall be without prejudice to any other written Law.

8. Length of vehicles or of combinations thereof

(1) The overall length of a vehicle, other than articulated vehicle, construction vehicle or construction trailer, shall not exceed 13.500 metres.

[Reg 8(1) am by reg 2(a) of SI 38 of 2014, reg 2(a) of SI 34 of 2015, reg 2(a) of SI 76 of 2015.]

(2) The overall length of an articulated vehicle shall not exceed 18.500 metres.

[Reg 8(2) am by reg 2(b) of SI 38 of 2014, reg 2(b) of SI 34 of 2015, reg 2(b) of SI 76 of 2015.]

(3) The overall length of any combination of vehicles, including their loads, shall not exceed 22 metres.

(4) No person shall use on any road any motor vehicle which is drawing more than two trailers.

(5) For the purposes of this Regulation, overall length shall include any trailboard if it is constructed to carry goods, and in the case of a trailer any drawbar, but it shall not include any starting handle or any ladder permanently fixed to the rear of a vehicle for gaining access to the roof, or any compartment designed specifically to house the motive power and transmission unit of a rear-engined vehicle, which if included would increase the overall length by not more than 460 millimetres.

9. Width of vehicles

(1) The overall width of a vehicle, including any load carried thereon, other than a construction vehicle or construction trailer, shall not exceed 2.6 metres.

(2) For the purpose of sub-regulation (1), overall width shall include all fittings other than any outside rear-view mirror and the arm of any direction indicator that is fitted, provided that such arm, when not used, does not project beyond the mirror.

10. Height of vehicles

The overall height of a vehicle, whether laden or unladen, measured from the plane on which such vehicle stands to the highest projecting point of the vehicle, or of its load, whichever is the higher, shall not exceed 4.80 metres or, in the case of a doubledecked motor vehicle, 4.58 metres.

11. Special permit

(1) A person intending to drive or use or cause or permit to be driven or used on any public road, any motor vehicle exceeding the limits of weights or dimensions specified in these Regulations as set out in the applicable Schedules hereto shall apply for a special permit to do so.

(2) An application for a special permit shall be as set out in Form PR 1 in accordance with the conditions set in Regulation 9 and accompanied with an application fee of the kwacha equivalent of fifty United States Dollars and the relevant surcharge for damage compensation set out in the Third and Fourth Schedule.

12. Conditions of special permit

(1) Any person, who intends to drive a vehicle outside the limits set in the Regulations, shall obtain a special permit to move the abnormal load as specified in the Act.

(2) An application shall be in writing and as a minimum requirement and shall include the following-

(i) a description of the dimensions to be exceeded;

(ii) the name and address of the Applicant;

(iii) the name and address of the driver;

(iv) the registration No. of each vehicle;

(v) a valid insurance certificate;

(vi) a description of loads with dimensions;

(vii) a sketch of the vehicle showing the arrangement of the load and the center of gravity;

(viii) a plan for security of the load and the transport;

(ix) configuration of the vehicles to be used for transporting the load;

(x) calculated distribution on axles;

(xi) calculated GVM;

(xii) the routes proposed to be used;

(xiii) speed to be used;

(xiv) actual date for the transportation of the load;

(xv) a valid road service licence in the case of a Zambian vehicle and a valid permit in the case of a foreign vehicle; and

(xv) Where the applicant is a corporate body, the name of the company and registered office and names of the authorised representatives; and

(xvi) any other information as the Agency may consider necessary to ensure the safe and efficient transportation of the load.

(3) The permit shall be in writing, and shall reflect all the necessary information from the application.

(4) Before a permit is issued, the fee for the application and any surcharge for damage compensation shall be paid in advance in accordance with the payment procedures in Part VI of these Regulations.

(5) The original permit document shall be kept by the driver of the vehicle throughout the movement along the route and shall be presented to the road traffic officer, police officer or officer authorised by the Agency at the weighbridges for countercheck.

(6) The Director may, due to circumstances or information about the load or information given in the application, demand prior to any decision of granting a permit, that the applicant-

(i) prepares a survey report on the route to be used and to check the feasibility for the transport to use the route;

(ii) checks on the necessary reinforcement to bridges and culverts to take place prior to movement of the load.

(7) The cost of the survey and all necessary reinforcements shall be paid by the applicant.

(8) The Director may restrict the special permit so as to ensure that it-

(i) shall not be issued if the legal limits are exceeded due to load movement of an unsecured load on any vehicle or trailer;

(ii) shall not be given for awkward load of any kind;

(iii) shall take into account adverse weather conditions;

(iv) is not issued where the information given in the application is insufficient or misleading or not in accordance with the formal demands;

(v) describes the limits set for abnormal load defined by the Agency, based on the vehicle configuration and the routes to be used;

(vi) is not issued on any axle or axle configuration exceeding the legal limit set for axle plus fifteen percent weight even where the GVM set for the vehicle is within the legal limit; and

(vii) is not issued on any GVM exceeding the legal GVM plus fifteen percent unless special precaution is taken regarding the need for a feasibility study and re-enforcement of bridges and culverts.

(9) The Director may issue detailed guidelines for granting of exemption permits for the conveyance of abnormal loads where the rules and conditions which apply to the transportation of abnormal load are described.

13. Failure to comply with conditions

(1) A permit holder shall report to every weighbridge station along the route used, to check that the load is in accordance with conditions given in the permit.

(2) Where the combined limit of the vehicle and the load exceeds a limit of any kind set in the permit, the permit shall be withdrawn and the vehicle shall be impounded until a new permit has been issued in accordance with the actual weights and dimensions for the vehicle.

(3) Where applicable, in such case, the Director may refuse to issue a permit for the same transport unless an alternative and more suitable vehicle configuration is being considered.

(4) After a consideration of the alternative configuration, a new permit may be issued based on the alternative vehicle configuration and on any additional terms and conditions that the Director may determine.

(5) Where the axle load or GVM is above the limits set in the permit, a new permit based on the new limits shall not be issued unless the applicant has paid an additional surcharge for the difference, following the payment procedures in Part VI of these Regulations.

(6) Where any visual damage is caused to any road or road infrastructure in the course of transporting the load, the abnormal load may be ordered to stop by the Agency and the permit shall thereafter be revoked and the person responsible for the transportation of the abnormal load shall be liable to pay to the Agency the cost of repairing the damage caused.

14. Waiver of conditions and special waiver Permit

(1) Where special circumstances exist, only the Agency in consultation with the Minister may refrain from the general conditions of issuing permits or imposing a surcharge or waive or reduce a surcharge.

(2) The waiver of conditions or reduction of surcharge shall be considered only if-

(i) the matters are of national security;

(ii) the transportation is done in pursuance of a bilateral or multilateral agreement between government of Zambia and another government; or

(iii) the vehicle is to be used as a result of a natural disaster, relief or for emergency infrastructure restoration.

(3) The provisions of waiver of conditions shall be spelt out in a special waiver permit stating the circumstances of the waiver or reduction of surcharge. The special waiver permit shall be issued by the Agency prior to the journey.

PART III
WEIGHBRIDGE DEVICES AND THEIR USE

15. Constitution of weighing devices

(1) The Agency may cause weighbridges or other devices for detection of weights to be installed on any roads in the republic.

(2) The devices may be fixed or portable weighing devices for detection of actual axle load or GVM on any vehicle the Agency may decide upon.

(3) The Agency may approve the use of weighbridges owned or leased by other institutions other than the Agency for detections of weights only if the devices are within the specifications approved by the Agency and authorised by the body responsible for weight and measures.

(4) The Authority may provide guidelines for the proper use of weighing devices by drivers at a weighbridge.

(5) Where a driver causes damage to a weighbridge due to improper use, the owner of the motor vehicle shall be liable to pay a surcharge for damage compensation under section seventy-one of the Act.

16. Traffic signs on weighbridges

(1) The Agency may erect traffic signs which shall require any category of motor vehicles to be weighed or subjected to a test by any such device, whether fixed or portable.

(2) Any person who, being the driver of a motor vehicle or in charge of a motor vehicle, disobeys or disregards any direction on a road sign created for weighbridge purpose and refuses to allow the motor vehicle to be weighed on a weighbridge or be tested by any devise commits an offence and is liable to a Zambian Kwacha equivalent absconding fee of two thousand United States Dollars.

17. Authorisation of devices

The Agency shall only permit the use of devices authorised by the body responsible for weights and measures, to be used in the enforcement of these Regulations.

18. Certificates of approval

(1) The body responsible for weights and measures shall issue a certificate of approval for each and every weighbridge after a test of the device or acceptance of OIML recommendations.

(2) The certificate shall be displayed at the weighbridge and allowed to be inspected by the transporters on demand.

(3) A weighbridge with an invalid certificate shall not be allowed to be used for enforcement purposes.

19. Fixed weighbridges and their use

(1) A fixed weighbridge to be used for enforcement purposes shall be accredited by the Agency, or any institution for accreditation appointed by the Agency.

(2) No fixed weighbridge station shall be accredited for enforcement by the Agency unless it complies with the minimum standards for accreditation prescribed in standards issued by the Agency.

(3)The Agency shall specify different standards for different types of fixed weighbridge stations having regard to-

(a) the volume of traffic on the route along which the weighbridge station will be situated;

(b) the category or type of vehicles which will be weighed at the weighbridge station;

(c) whether the weighbridge station will be jointly managed in terms of a multilateral or bilateral agreement concluded with a Government of another state;

(d) whether the weighbridge station will be managed by an appointed agent to operate the weighbridge on behalf of the Agency.

(4) The Agency shall conduct an inspection to verify whether a weighbridge station complies with the standard and in the event of a positive finding, issue a certificate of accreditation.

(5) An accredited weighbridge station shall be subject to an annual technical audit by the Agency to confirm that it meets the requirement for accreditation.

(6) The body responsible for operating the weighbridge station shall provide the Agency with all reasonable assistance to undertake an audit including-

(a) any information which may be requested;

(b) access to the documentation relating to the operation of the weighbridge station, including data record storage;

(c) access to any part of the weighbridge station and its facilities and access to any person employed with regard to the operation of the weighbridge station.

(7) Where the findings of an annual technical audit are that the weighbridge station no longer complies with the prescribed standards, the Agency may-

(a) issue a directive in writing to the responsible body for operating the weighbridge station to ensure compliance within the period specified in the directive;

(b) suspend the certificate of accreditation pending such compliance; or

(8) The certificate of accreditation may be renewed if a weighbridge station is found to comply with the prescribed standards after an accreditation inspection has been conducted.

(9) The Agency may at any time conduct a random inspection of a weighbridge station for the purpose of verifying compliance with a standard applicable to the station.

(10) Registered transport companies of Zambia may be invited to attend the random inspections carried out by the Agency.

(11) The Agency may introduce supplementary actions to monitor the performance of weighbridge stations by utilising mobile weighbridges or weigh in motion technology.

(12) Any revelation of deviation from procedures and legal practice found under random inspections shall be noted and discussed with the officer responsible for the weighbridge station.

(13) The issues shall be addressed and included in the audit for the respective weighbridge station.

(14) The Agency may, after consulting the body responsible for weights and measures, by Gazette Notice prescribe the mode of using the fixed weighbridge devices and attached computer systems based on the specification of the supplier.

20. Portable weighbridges and their use

(1) Portable weighbridges may be used forenforcement purposes and supplement the use of fixed weighbridges.

(2) The Agency may, after consulting the body responsible for weights and measures, by Gazette Notice prescribe the mode of using the portable weighbridge devices and any attached computer systems based on the specification of the supplier.

(3) The Agency may establish a database for the use of the devises which shall include information on the various loads weighed, the maintenance of the devices as well as any other information on the management and control of the weighing devices.

21. Data storage from operations

Weighbridges for enforcement purposes shall store records from operations, identifying the vehicles being weighed at the stations and the data recorded locally shall be transmitted to the central database administered by the Agency, in a mode and with the content prescribed by the Agency.

22. Quality systems for weighbridges

The Agency shall prescribe the use of a quality system to be instituted at all weighbridges for enforcement purposes which includes-

(a) general information about the weighbridges;

(b) the equipment and the conditions;

(d) the staff and their performance; and

(e) any other information that may be necessary.

PART IV
WEIGHBRIDGE STAFF AND AUTHORISATION

23. Authorisation of operators

(1) The Agency may by notice appoint and authorise a person to serve as a weighbridge officer on any fixed- or portable weighbridge device in Zambia, and perform such duties as specified in the authorisation.

(2) The notice shall specify the period of appointment of each person.

24. Authorisation of operator in charge

The Agency may by notice appoint and authorise a person to serve as a weighbridge officer-in-charge on any fixed or portable weighbridge device in Zambia, and perform the duties as specified in the authorisation.

25. Authorisation of cashiers

The Agency may by notice appoint and authorise a person to serve as cashier on any fixed or portable weighbridge scales in Zambia, and perform such duties as specified in the authorisation.

26. Police on weighbridges

(1) The Agency may require police officers to serve at the weighbridge stations in co-operation with the authorised officers.

(2) The duties of the police shall mainly be to provide law and order at the sites and provide services as traffic police officers and to detain faulty vehicles or charge persons committing offences in connection with the weighbridge.

27. General workers

The Agency may contract general workers to work at the weighbridge stations, who shall not be authorised to operate the weighbridges or to enforce any related Regulations.

28. Identification of officers

Any employed and authorised persons serving as weighbridge operators shall use such identification as provided by the Agency.

29. Uniforms

An employed and authorised person serving as weighbridge operator shall use a uniform designed and provided by the Agency.

30. Failure to comply as weighbridge staff

(1) The Agency may, pending an investigation into allegation of a failure by an authorised staff to perform his or her duties, suspend the appointment of such staff.

(2) The Agency may, where it is found appropriate revoke the appointment of an officer if it is revealed that the officer is guilty of such failure of performance of duty.

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