PUBLIC ROADS ACT
INDEX TO SUBSIDIARY LEGISLATION
Arrangement of Paragraphs
2. Commencement of Act No. 12 of 2002
SI 7 of 2004.
This order may be cited as the Public Roads Act, 2002 (Commencement) Order, 2004.
The Public Roads Act, 2002 shall come into operation on the date of publication of this Order.
Arrangement of Regulations
1. Title and Commencement
USE OF HEAVY VEHICLES ON PUBLIC ROADS
4. Maximum laden weight and axle weight of vehicles
5. Calculation of Gross Vehicle Mass (GVM)
6. Distribution of axle load
7. Limitation of axle load limits
8. Length of vehicles or of combinations thereof
9. Width of vehicles
10. Height of vehicles
11. Special permit
12. Conditions of special permit
13. Failure to comply with conditions
14. Waiver of conditions (Special Waiver Permits)
WEIGHBRIDGE DEVICES AND THEIR USE
15. Constitution of weighing devices
16. Traffic signs on weighbridges
17. Authorisation of devices
18. Certificates of approval
19. Fixed weighbridges and their use
20. Portable weighbridges and their use
21. Data storage from operations
22. Quality systems for weighbridges
WEIGHBRIDGE STAFF AND AUTHORISATION
23. Authorisation of operators
24. Authorisation of operator in charge
25. Authorisation of cashiers
26. Police on weighbridges
27. General workers
28. Identification of officers
30. Failure to comply as weighbridge staff
CALCULATIONS OF LOAD AND PROCEDURES
31. Setting of weighing device
32. Weighing of single axle
33. Weighing of combination of axles
34. Gross vehicle mass
35. Overload determination
36. Reduction to authorised limits
PROCEDURES FOR PENALTIES AND PAYMENTS
37. Weighbridge Certificates as compliance permits
38. Notification to detain vehicles
39. Notification to release vehicles
40. Compensation for road damage
41. Notification of habitual offenders
42. Habitual offending drivers
43. Habitual offending owners
44. Standards and imposition of fines
45. Penalties for obstructions, refusal to comply with requirement
46. Awkward load penalties and damage compensation
47. Absconding fees, administrative fees and surcharges
48. Payment procedures
49. Disposal of vehicles
50. Remittance of payment
51. Procedures for appeal
Act 12 of 2002,
SI 28 of 2007,
SI 38 of 2014.
(1) These Regulations may be cited as the Public Roads (Maximum Weight of Vehicles) Regulations, 2007.
(2)These Regulations shall come into operation within thirty days after the date of publication of these Regulations.
In these Regulations, unless the context otherwise requires–
“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.
These Regulations shall apply to all vehicles with a permissible Gross Vehicle Mass (GVM) of six thousand five hundred kilograms and above.
USE OF HEAVY VEHICLES ON PUBLIC ROADS
(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.
(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.
The GVM shall be distributed on axles in the manner specified in the Second Schedule to these Regulations.
(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.
(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.]
(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.]
(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.
(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.
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.
(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.
(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.
(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.
(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.
WEIGHBRIDGE DEVICES AND THEIR USE
(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.
(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.
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.
(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.
(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
(c) revoke the certificate of accreditation.
(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.
(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.
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.
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;
(c) the site and the weighbridge compound;
(d) the staff and their performance; and
(e) any other information that may be necessary.
WEIGHBRIDGE STAFF AND AUTHORISATION
(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.
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.
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.
(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.
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.
Any employed and authorised persons serving as weighbridge operators shall use such identification as provided by the Agency.
An employed and authorised person serving as weighbridge operator shall use a uniform designed and provided by the Agency.
(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.
CALCULATIONS OF LOAD AND PROCEDURES
An authorised officer manning the weighbridge shall ensure that a weighing device is set to zero before weighing starts.
The weight of axles shall be determined by weighing axles individually.
The weight of a combination of axles shall be determined by weighing a combination of axles as a unit in one operation. When using a smaller weighbridge platform, a single axle weighbridge or portable axle-load device, the weight of a combination of axles shall be determined by calculating the sum of the weights of individual axles in such combination.
(1) The GVM shall be determined by weighing the vehicle or combination of vehicles in one operation.
(2) When using a smaller platform weighbridge or portable weighing device, a single axle weighbridge or portable axle-load device, the GVM shall be determined by calculating the sum of the weights of individual axles or group of axles on a vehicle or combination of vehicles.
(1) An overload shall be determined by comparing the weights found by weighing axles, combinations of axles or GVM to the defined authorised limits.
(2) An overload is determined to have occurred if the weights determined by weighing are higher than the authorised limits–
(a) in the First and Second Schedules to these Regulations;
(b) in the special permit issued for a vehicle;
(c) by the vehicle manufacturer;
(d) for particular roads by the Minister in a declared disaster or emergency.
(3) For the purposes of the distribution of the load on a vehicle, an axle or combination of axles shall be deemed overloaded if the load exceeds the authorised limit after addition of five percent of allowable weight and then rounding down to the nearest hundred kilograms.
(4) An allowance of five percent shall be given for any excess of GVM; and
[Reg 35(4) sub by reg 3(a) of SI 38 of 2014.]
(5) A vehicle which has an excess of GVM within ten percent of the limits set out in the First and Second Schedules shall be re-weighed using a different scale.
[Reg 35(5) ins by reg 3(b) of SI 38 of 2014.]
(1) Where a vehicle is determined to be overloaded in excess of the five percent allowance in respect of axles, the load shall be adjusted until the vehicle complies with the authorised limits.
(2) In a case where the load in excess of the five percent allowance is adjusted to comply with the authorised limits, the five percent allowance shall not apply to that load.
PROCEDURES FOR PENALTIES AND PAYMENTS
(1) The Agency may issue a weigh bridge certificate as set out in Form PR 2 to be used as a compliance permit for a vehicle.
(2) A permit for an abnormal load shall not be regarded as a compliance permit until it has been checked and signed at a weighbridge station.
(3) The authorised officer shall fill in a weighbridge certificate set out in Form PR 2 with respect to all loaded vehicles.
(4) The driver shall sign the weighbridge certificate and indicate agreement on behalf of the driver and the owner that the vehicle particulars and the weighing device reading at that particular time and place of weighing are correctly reported on the certificate.
(5) Failure of a driver to sign the weighbridge certificate shall not prevent the Agency or institutions empowered by the Agency from enforcing these Regulations or any other written law, where a driver has refused to sign the weighbridge certificate, the authorised officer shall endorse the certificate stating that the driver has refused to sign the certificate.
(6) A driver of a loaded vehicle, who passes a weighbridge station without being issued an official weighbridge certificate or having the weighbridge certificate countersigned, shall be deemed to have absconded the weighbridge unless the contrary is proved.
(7) If a driver of a loaded vehicle is found to have absconded a weighbridge and has not been apprehended for that offence at that particular weighbridge, the weighbridge officer at the subsequent weighbridge shall notify the driver of the offence and impose the penalties specified in the Act.
(8) Where a vehicle complies with the authorised axle weights and GVM, a Weighbridge Certificate shall be issued and deemed to be a compliance permit, which the driver shall carry as a permit throughout the journey and have it countersigned at all subsequent weighbridges on the journey.
(9) If there is ascertained under a new control that the vehicle subsequent to the previous control has been reloaded or tampered with in any way, the Weighbridge Certificate shall be withdrawn and a new Weighbridge Certificate shall be issued after the vehicle complies with the authorised limits, stating the reason for issue and refer to the withdrawn Certificate.
(10) The registered owner shall keep the weighbridge certificates or permits for a period of one year from the date of issue. If demanded by the Agency or institutions empowered by the Agency, the registered owner shall present the weighbridge certificates for inspection.
(1) Where an authorised weighbridge officer has determined that a vehicle is not in compliance with authorised axle-load or GVM limits or is outside the limits of dimensions or permits given for the said vehicle, or found that the driver has offended these Regulations or any other written law, the authorised weighbridge officer shall detain the vehicle.
(2) Where a vehicle is detained, the officer shall give a notification as set out in Form PR 3 stating the reasons for the detention.
(3) The vehicle shall be detained until these Regulations have been complied with and any pending payment has been settled.
(4) The registration document for the vehicle, cargo document for the cargo and driving license for the driver shall be detained at the weighbridge station or handed over to the police for the period of detention.
(5) The owner of the vehicle and cargo detained shall be responsible for the vehicle and cargo, even if the vehicle is detained at a weighbridge station and the Agency shall not be held responsible for any loss or theft of cargo or vehicle whilst the vehicle and cargo are detained at the weighbridge.
(6) Detained cargo shall not be allowed to be stored within the vicinity of a weighbridge station.
(1) Where an authorised weighbridge officer has found that the vehicle and its driver after corrections is complying with the Regulations, and or any related payment has been settled, the officer shall give a notification as set out in Form PR 4 to release the vehicle.
(2) The notification of release issued under sub regulation (1) shall refer to the corresponding notification of detention and a weighbridge certificate shall be issued and the registration document for the vehicle, cargo document and driving license shall be released.
(1) In case of an overload offence, any accredited weighbridge station on behalf of the Agency shall impose the prescribed compensation for road damage to the owner of the vehicle in accordance with the Act.
(2) The compensation shall be calculated and charged by an authorised weighbridge officer.
(3) The compensation shall be paid on the spot and before the detained vehicle in question can be released.
(4) If any dispute on compensation arises, the vehicle shall not be released until the dispute is settled.
(5) Subject to the provisions of this Regulation, the liability for overload compensation according to these Regulations shall be without prejudice to any other penalty sanctions for offences associated with the particular vehicle and its use.
(6) The compensation shall be calculated separately on each axle or group of axles and GVM according to the Schedules set out in these Regulations, when determining the compensation for an axle or group of axles or GVM, the following shall apply–
(a) the notification of weights in the weighbridge records shall form the basis for calculating the compensation where a vehicle is found to be overloaded according to this Regulation;
(b) the compensation to be paid for an overloaded axle or group of axles shall be as specified in the Third Schedule to these Regulations, reflecting the damage effect and compensation for an overloaded axle or group of axles;
(c) where more than one axle or groups of axles are found to be overloaded, the compensation payable shall be arrived at by calculating the amount of compensation of each individual axle or group of axles;
(d) the compensation payable for overloading the GVM shall be as specified in the Fourth Schedule to these Regulations, reflecting the damage effect and compensation for overloaded GVM;
(e) where a vehicle is overloaded, both with respect to axleload and GVM limits, both the compensation payable with respect to the axle-load and to the GVM limits shall be calculated and the higher of the two amounts shall be applied as the amount due;
(f) the driver shall notify the registered owner to an overload as shown on the weighbridge records regarding the overload; and
(g) if a trailer has been used in violation of the Regulations, the registered owner of the motor vehicle pulling the trailer shall be liable for the overloading offence and shall be required to pay the overloading compensation even if he is not the owner of the trailer.
The details of a driver or owner of an overloaded vehicle shall be notified in a database stating information about the offence unless the overload is on axles and within ten percent of the authorised axle load and caused by error in the distribution of the load between the axles of the vehicles.
If during the axle-load control it is found that a driver has offended against the Regulation more than twice in thirty days, the Agency may in addition to any other penalty under these Regulations, institute summary court proceedings against the driver and upon conviction, the driver may be liable to imprisonment.
The owner of a vehicle used in an overload offence more than twice in thirty days, shall be liable to having their transportation license revoked unless the owner of the vehicle proves that they did not know or have reason to believe that the vehicle was overloaded.
(1) A driver admitting guilt to an overload offence shall do so in PR Form 5 and pay the stipulated fine as specified in the Public Roads Act.
(2) Where a driver has admitted guilt, the motor vehicle shall be detained until the payment of the fine by the driver or owner and a compliance with these Regulations and any other written law.
(3) When determining the penalties for an overloaded axle or group of axles or GVM, the following shall apply–
(i) the notification of weights in the weighbridge records shall form the basis for calculating the penalty where a vehicle is found to be overloaded under these Regulations; and
(ii) the penalty payable for an overloaded axle or group of axles shall be as specified in the Fifth Schedule to these Regulations.
(4) If more than one axle or groups of axles are found to be overloaded, the basis for the penalty payable is determined by calculating the amount of the penalty for each individual axle or group of axles.
(5) The penalty payable for overloading the GVM shall be as specified in the Fifth Schedule to these Regulations reflecting the damage effect and penalty for overloaded GVM.
(6) Where a vehicle is overloaded, both with respect to axle load and GVM limits, both the penalty payable with respect to the axle-load and to the GVM limits shall be calculated and the higher of the two amounts shall be applied as the amount payable as a penalty.
(1) A person who refuses or neglects to comply with any requirement in connection with axle loads under the Act, or obstructs a road traffic officer, police officer or an officer authorised by the Agency in the exercise of the officer’s functions under these Regulations commits an offence.
(2) The vehicle driven by a person under sub regulation (1) shall be detained on notice by a weighbridge officer-in-charge.
(3) If the vehicle is found to be overloaded, the registered owner shall compensate the Agency for the damage as described in Regulation 37.
(4) The detained vehicle shall only be released upon payment of any fines and compensation or upon the order of the Court where a decision to settle a dispute of the payment of a fine or compensation has been made.
(1) Where a motor vehicle or trailer carrying an awkward load is found to be overloaded in respect of axles, or GVM limits, the registered owner of the vehicle shall pay an awkward load penalty as specified in the Act before it is allowed to proceed, except where the awkward load is safely adjusted at a weighbridge.
[Reg 46(1) am by reg 4 of SI 38 of 2014.]
(2) The awkward load penalty shall be distance related as specified in the Sixth Schedule to these Regulations, and the travelling distance from the origin to the weighbridge and from the weighbridge to the destination shall apply even if the vehicle is authorised to return to its origin.
(3) In addition to the awkward load penalty, the registered owner of the vehicle shall compensate the Agency for damage to the road under these Regulations.
(1) Any person who diverts a vehicle from a weighbridge or absconds from the weighbridge or disobeys an order from an authorised weighbridge officer or police to drive to a weighbridge for control, commits an offence and is liable to pay an absconding fee of the Zambian Kwacha equivalent of two thousand United States Dollars.
(2) An absconding fee shall be payable immediately to the Agency after the driver has signed an admission of guilt form, and the vehicle shall be detained until the fee is paid.
(3) If the vehicle is found to be overloaded, the driver shall be fined and the registered owner shall be liable to pay compensation for damage caused to any infrastructure and the compensation and fines shall be paid immediately to the Agency.
(4) A person who intends to apply for a special permit shall base on the information in the application, compensate the Agency with a surcharge equivalent to the damage compensation set in these Regulations and the surcharge shall be paid to the Agency in advance before the issuance of the permit.
(5) If the axle loads or GVM are found to be different from the limits specified in the permit, and the figures need to be corrected to the actual scale readings, the surcharge will be corrected in accordance with the actual weights.
(6) In order to secure proper payment of compensation, fines and surcharges and to adjust the load, an overloaded vehicle shall be detained free of charge for the first three consecutive days by the Agency, or institutions empowered by the Agency on it’s behalf and thereafter a parking fee of a Zambian Kwacha equivalent of twenty United States Dollars payable to the Agency will be charged for each extra day until proof of payment has been produced and the notification to release the vehicle has been issued.
(1) A signed admission of guilt from a driver contravening these Regulations shall be regarded as a conviction and shall make the owner liable to pay any additional compensation, surcharges or fines immediately.
(2) An admission of guilt shall be transferred from the weighbridge stations to the clerk of the court on a regular basis and at least once a week.
(3) Any compensation, surcharges or fines shall be paid only to an authorised weighbridge cashier immediately or to a cashier at the offices of the Agency before the release of the vehicle, its goods and the documents.
(4) The payment shall be in Zambian Kwacha or freely convertible foreign currency at the official rate prevailing on the day of offence.
(5) A receipt of the payment shall be issued in a form and with content as the Agency may prescribe.
(6) A valid receipt of payment shall be retained by the driver of the vehicle together with the weighbridge certificate or permit and on demand be presented at the subsequent weighbridges.
(1) Unless otherwise authorised by the Agency, where the compensation for road damage or any surcharges described in these Regulations is not paid within thirty days from the date of detention of the vehicle, the Agency or institutions empowered by it on its behalf may dispose of the vehicle by public auction.
(2) Where a vehicle has been designated for disposal, the Agency or institution empowered by the Agency on their behalf, may issue a notice of sale by auction within fourteen days from the date of the notice, of the vehicle in question and its goods.
(3) The proceeds of any such sale shall first be used to cover the charges resulting from the sale, including the cost of the advertisement and removal of the vehicle or trailer and the compensation and surcharges, while the remaining proceeds, if any, shall be payable to the registered owner, or, where the owner fails to claim within six months of the sale the proceeds shall be deposited to the central account of the Agency and form part of its revenue.
(1) An authorised cashier at a weighbridge, shall collect all types of penalties, compensation, fees and surcharges imposed on drivers and registered owners of overloaded vehicles and regularly deposit the money to a local deposit bank account at least once a week or as the Agency may prescribe.
(2) The money collected as penalties, compensation, fees and surcharges shall be remitted by the Agency to a dedicated central account at the Road Fund to be applied by the Agency only to the repair and maintenance of roads and for the purpose of the axle.
(1) Any person aggrieved by a decision of an authorised officer or the Agency or institutions empowered by the Agency may appeal to the Minister against such a decision where–
(a) there is a refusal to grant that person a weighbridgecertificate or any other permit required to be granted under these Regulations;
(b) there has been an incorrect use of a weighing devise resulting in an inaccurate weight; and
(c) the penalty applicable to a corresponding overload has been misapplied.
(2) An appeal to the Minister shall be lodged within seven days of the facts giving rise to the appeal in writing stating the grounds of appeal to be considered.
(3) The Minister shall in consultation with the Agency, within twenty-one days of the receipt of the appeal, allow or dismiss the appeal, stating the reasons for so doing.
(4) Any person dissatisfied with the decision of the Minister may appeal to the Court.
[Regulations 4 and 5]
Maximum Gross Vehicles Mass
Description of Vehicle
Permissible Gross Vehicle Mass
(a) Two axle vehicle
(b) Three axle vehicle
(c) Four (or more) axle vehicle
(d) Vehicle and semi-trailer with 3-axles (articulated)
(e) Vehicle and semi-trailer with 4-axles (articulated)
(f) Vehicle and semi-trailer with 5-axles (articulated)
(g) Vehicle and semi-trailer with 6-axles (articulated)
(h) Vehicle and draw-bar trailer with 4-axles
(i) Vehicle and draw-bar trailer with 5-axles
(j) Vehicle and draw-bar trailer with 6-axles
(k) Vehicle and draw-bar trailer with 7-axles or more
(l) Any interlink with 6-axles
(m) Any interlink with 7-axles or more
[Regulations 6 and 7]
Maximum Axle Load Limits