Public Roads Act Pdf 22613.Pdf

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[Chap6902]CHAPTER 69:02

PUBLIC ROADS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title

2. Interpretation

PART I

ROADS AND ROAD RESERVES

3. Classification and vesting of roads

4. Main roads

5. Secondary roads

5A. Tertiary roads

6. District roads

7. Branch roads

8. Estate roads

9. Highway authorities in urban areas

10. Width of road reserves and effect of reservation

11. Care, maintenance and construction of roads

12. Control of points of access, structure, etc.

13. Opening of branch roads

14. Report and recommendations to be submitted to Minister

15. Branch roads may be designated secondary or district roads 16. Consideration and determination of application

17. Alterations to roads

18. Storm water from roads

19. Storm water from land adjoining

20. Powers of highway authority to control traffic

21. Liability of highway authorities and their staff

22. Power of highway authority to enter upon land for investigation

23. Temporary deviations

24. Power to control land for proposed roads

25. Reservation of land

26. Withdrawal or modification of control or reservation

27. Unauthorized acts on controlled or reserved land

28. Designation of new road and compensation

29. Power to take materials for roadworks

30. Highway authorities and employees may park vehicles, erect huts, etc., on private land

31. Contractors may exercise rights granted to highway authority

32. Power to undertake ancillary works

33. Provision of footpaths, cycle tracks, etc.

34. Ferries and pontoons

35. Provision of cattle grids

36. Prevention of damage, etc., to roads

37. Regulation of undertakers’ works

38. Execution of undertakers’ works

39. Undertakers to provide warning and safety precautions

40. Works at railway crossings 41. Removal of apparatus

42. Powers enjoyed by electricity undertakings

43. Limitation of time in which works may be executed

PART II

COMPENSATION

44. Assessment of compensation generally and for surface rights

45. Compensation for land which becomes public land

46. Matters to be taken into consideration in assessing compensation for alienated land

47. Claims for compensation

48. Procedure before compensation boards

49. Appeal to High Court

50. No further appeal

PART III

SUPPLEMENTARY AND TRANSITIONAL

51. How notices to be served

52. Obstruction of officers

53. General penalty for offences

54. Rules

55. Transitional

56. Saving

11 of 1962

51 of 1963 s. 181

32 of 1964

(N)

62 of 1966

1 of 1981

6 of 1989

26 of 1988

G.N. 38/1965

126/1965

137/1966

166/1967

234/1967

18/1987

An Act to Consolidate and Amend the Law relating to Public Roads and matters connected therewith

[1ST SEPTEMBER 1962]

[Ch6902s1]1. Short title

This Act may be cited as the Public Roads Act.

[Ch6902s2]2. Interpretation

In this Act, unless the context otherwise requires—

6 of 1989“agricultural officer” means the senior officer of the Government responsible for agricultural advisory services in any District, and includes any other person declared by the Minister for the time being responsible for agriculture by notice published in the Gazette to be an agricultural officer;

“alternative land” in relation to customary land means land which, in accordance with customary law, can be made available to an occupier who suffers disturbance;

“bicycle” shall include a tricycle; “carriageway” means that part of a road designed and constructed to be used for vehicular traffic or used or reasonably usable for the time being for that purpose, but shall not include a cycle track;

“compensation board” means a compensation board constituted under section 47;

“Deeds Registrar” means the Deeds Registrar appointed under the Deeds Registration Act; Cap. 58:02

6 of 1989“Controller of Roads” includes any person to whom the Controller of Roads may delegate his powers under this Act, or a person who is acting with the authority of the Controller of Roads.

“existing road” means a road over which the public exercised a right of way prior to the coming into force of this Act whether or not such road had been declared a public road under the Public Roads Ordinance, 1950 (now repealed) and includes all land declared to be a public road under such Ordinance;

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

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

“improved land” means land whereon there is any improvement;

“improvement” means any work on land which has increased the value of such land in comparison with land in a similar area covered with natural vegetation and includes clearing land for agricultural purposes, the erection, alteration or enlargement of buildings, the installation of electricity supply, the construction or improvement of a wall, road, bridge or permanent fence, planting a live hedge, contouring of land, land drainage and works of reclamation and irrigation, the making and improvement of water courses, the provision of water supply for agricultural or domestic purposes, the installation of fixed machinery, laying out and cultivating gardens, nurseries and orchards and the application to land of purchased manure (including artificial manure) to the extent to which such work has so increased the value of the land;

“occupier” in relation to land means any person lawfully occupying such land;

“owner” in relation to private land means a person (other than a mortgagee not in possession) entitled, with or without the consent of any other person to dispose of an interest in the land, and in relation to public or customary land means the Minister responsible for Land;

“public road” means any road of a class described in section 3;

“road” means a highway and includes any bridge, causeway, culvert, dam, ditch, drain, embankment, fence, ferry, ford, pontoon, guide post, mile post or other works in the line of such road, and includes an existing road and works in a road reserve constructed or maintained under section 18, but does not include any such works outside the limits of a road reserve;

“road reserve” means any land reserved for use as a road under sections 10, 11, 17 or 28;

“storm water” means all flow of water directly due to rainfall, before such water joins a stream;

“stream” means a watercourse of natural origin wherein water flows either continuously or intermittently, whether or not such watercourse is dry during any period of the year and whether or not its conformation has been changed by artificial means, and includes swamps or marshes, whether forming the source or found upon the course of, or feeding such watercourse;

“structure” includes—

(a) any building, pole, powerline, petrol pump, machinery, wall, plantation, fence or hedge and any other object which could in like manner cause an obstruction;

(b) any external alteration or addition to a structure;

“surface rights” in relation to land in respect of which compensation is claimed means the rights of the claimant to any interest in the crops, structures and other improvements on the land and, in the case of agricultural land which is used by a highway authority for a temporary purpose or for taking materials and use of which is resumed by the owner or occupier or some person claiming through or under him, includes the difference between the value, for agricultural purposes, of the surface soil before such soil was affected by works or things authorized by this Act and the value for such purpose of the surface soil as it is when use is so resumed;

“undertaker” means the authority, body or person by whom a statutory power to execute undertakers’ works is exercisable in the capacity in which that power is vested in them;

“undertakers’ works” means works (including works executed or to be executed on behalf of the Government) for any purposes other than road purposes, being works of any of the following kinds, that is to say—

(a) placing apparatus, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or changing the position of apparatus or removing it;

(b) breaking up or opening a road, for the purposes of works mentioned in paragraph (a), 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, over or under any road;

“valuation date” in relation to the assessment of compensation for any property or interest therein means the date at which the value of the property or interest therein is to be assessed; “works” includes any pipe, tube, tunnel, permanent excavation, quarry, irrigation works, borehole or well, and any addition or alteration to such works.

PART I

ROADS AND ROAD RESERVES

[Ch6902s3]3. Classification and vesting of roads

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

6 of 1989(a) main roads, being the inter-territorial roads defined as such under any law for the time being in force in Malawi, and the territorial main roads defined in section 4;

(b) secondary roads, as defined in section 5;

6 of 1989(c) tertiary roads as defined in section 5A;

(d) district roads, as defined in section 6;

(e) branch roads, as defined in section 7;

(f) estate roads, as defined in section 8.

(2) The Minister may, by declaration published in the Gazette, designate any road to be a public road in accordance with the provisions and classifications of this Act. Upon designation as a public road, such road shall vest in the President as public land

(3) All public roads shall be subject to such restrictions of user as may be prescribed.

[Ch6902s4]4. Main roads

6 of 1989(1) Main roads shall be the roads so designated by the Minister by notice published in the Gazette.

6 of 1989(2) In respect of all designated main roads in any area, including any City, Municipality or Township, the Controller of Roads shall be the highway authority, and all expenses incurred in the planning, designing, construction, care and maintenance of such roads shall be borne by the Government except as provided by the terms of any agreement entered into by the Government with any other government or organization.

6 of 1989(3) Subject to section 9, in respect of designated main roads or portions thereof in any City, Municipality or Township, the highway authority shall be the Controller of Roads:

Provided that any new construction, major improvements and maintenance activities affecting these roads shall be communicated to the City Council, Municipal Council or Town Council concerned.

[Ch6902s5]5. Secondary roads 6 of 1989(1) Secondary roads shall be those so designated by the Minister by notice published in the Gazette.

6 of 1989(2) The highway authority in respect of all designated secondary roads in any area, including any City, Municipality or Township, shall be the Controller of Roads, or such other person as the Minister may, by notice published in the Gazette, appoint, and all expenses incurred in planning, designing, construction, care and maintenance of such secondary roads shall be borne by the Government.

6 of 1989(3) Subject to section 9, in respect of designated secondary roads or portions thereof in any City, Municipality or Township, the highway authority shall be the Controller of Roads:

Provided that any new construction, major improvements and maintenance activities affecting these roads shall be communicated to the City Council, Municipal Council or Town Council concerned.

[Ch6902s5A]5A. Tertiary roads

6 of 1989(1) Tertiary roads shall be those designated by the Minister by notice published in the Gazette.

(2) The highway authority in respect of all designated tertiary roads in any area, including any City, Municipality or Township, shall be the Controller of Roads or such other person as the Minister may, by notice published in the Gazette, appoint, and all expenses incurred in planning, designing, construction, care and maintenance of such tertiary roads shall be borne by the Government.

(3) Subject to section 9, in respect of designated tertiary roads or portions thereof in any City, Municipality or Township, the highway authority shall be the Controller of Roads:

Provided that any new construction, major improvements and maintenance activities affecting these roads shall be communicated to the City Council, Municipal Council or Town Council concerned.

[Ch6902s6]6. District roads

(1) District roads shall be those roads in any area including any City, Municipal or Township so designated by the Minister, by notice published in the Gazette, after consultation with the District Council concerned.

(2) In respect of district roads the highway authority shall be the District Council of the District in which the road is situated or such other person as the Minister may appoint by notice published in the Gazette.

(3) The expenses of planning, designing, construction, care and maintenance of district roads shall be borne by the highway authority. (4) A highway authority shall be eligible to receive from the Government such grant towards the cost of construction, care and maintenance of district roads for which it is the highway authority, as the Minister may from time to time determine.

[Ch6902s7]7. Branch roads

6 of 1989(1) Branch roads shall be those roads in any area including any City, Municipality or Township so designated by the Minister by notice published in the Gazette.

(2) The Minister shall have power to designate branch roads on his own motion or after application duly made under section 13.

(3) The Minister shall have power by notice published in the Gazette to appoint a highway authority in respect of all or any branch roads.

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

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

[Ch6902s8]8. Estate roads

6 of 1989, 26 of 1988(1) Estate roads shall be roads in any area including any City, Municipality or Township area provided for the purpose of internal access in any area being developed, whether by Government or otherwise, for building plots, farms, or other purposes, which are designated by the Minister as such by notice published in the Gazette.

(2) The Minister may at any time, by notice published in the Gazette, appoint a highway authority in respect of an estate road subject to such regulations, if any ,as may be made under subsection (3).

26 of 1988(3) The Minister may, after consulting the Minister for the time being responsible for Town and Country Planning, make regulations for the designation, provision, planning, designing, construction, care and maintenance of estate roads in any area which is in course of development other than a Planning Area declared under the Town and Country Planning Act Cap. 23:03

(4) The cost of construction, care and maintenance of estate roads shall be borne by the person responsible for the development:

Provided that the Minister may order that, in any case, such costs or any part thereof shall be borne by the owners or occupiers of the land in the area being developed in such proportions as may be specified in the order and any such costs or proportion thereof shall be recoverable by the highway authority from the person or persons liable as a civil debt.

[Ch6902s9]9. Highway authorities in urban areas

6 of 1989(1) In respect of any public road other than a designated road in any City, Municipality or Township, the City Council or Municipal Council or Town Council shall be the highway authority and shall be responsible for the planning, designing, construction, care and maintenance of the road—

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

(b) in respect of secondary roads, the Municipal Council or Town Council shall be eligible to receive from the Government such grant towards the costs of construction, care and maintenance thereof as the Minister may from time to time determine.

(2) A City Council, Municipal Council or Town Council shall not exercise any of the powers conferred on a highway authority by section 11 (1) (a) or (c), section 17 (2), section 18, section 30 or section 33 (2).

(3) Nothing in this Act shall be construed as taking away any powers conferred by any other law on a City Council, Municipal Council, Town Council or District Council in respect of the construction, care and maintenance of roads within its area of jurisdiction.

[Ch6902s10]10. Width of road reserves and effect of reservation

(1) The Minister shall have power to declare by notice published in the Gazette the width (not exceeding 60 metres) of any road reserve or class or classes of road reserve outside any City, Municipality or Township or any Planning Area declared under the Town and Country Planning Act. Except as otherwise declared, the reserve width shall be— G.N. 18/1982, Cap. 23:01, 6 of 1989

(a) for a main road, 60 metres;

(b) for a secondary road, 36 metres;

(d) for branch roads and estate roads, 18 metres.

(2) The centre line of the reserve width for a road shall in every case lie down the centre line of the carriageway of the road unless the Minister shall in any case otherwise direct by notice published in the Gazette.

(3) Where any existing road is designated as a public road under section 3 the land included within the boundaries of the width described in the preceding subsections of this section which was not previously a road shall be reserved for use as a road and become a road reserve but no compensation shall be payable in respect of such reservation. Subject to subsection (4) a highway authority may at any time enter upon land comprised in any road reserve for the purpose of exercising any powers conferred on it by this Act.

(4) If a highway authority shall desire to carry out any works on land in a road reserve in a manner likely to cause damage to any structure on such land it shall give one month’s prior notice to the owner or occupier thereof of its intention:

Provided that in any case in which the structure consists of a building the length of notice required shall be three months.

(5) The owner or occupier of land in a road reserve who suffers damage as a result of works carried out on such land by a highway authority shall be entitled to compensation in respect of such damage in accordance with Part II. The time for making a claim to the highway authority under this subsection shall be within three months after suffering the damage, or such extended time as the highway authority may allow.

(6) No person shall do any of the following acts or things on land in a road reserve without the consent in writing of the highway authority—

(a) erect or alter any structure;

(b) plant any tree or bush; or

Provided that notwithstanding such consent, neither the person doing such act or thing nor any person who may acquire any interest in the land in question shall be entitled to compensation for the value of what has been done if later the land is required for road use:

26 of 1988Provided further that in respect of paragraph (a) the highway authority shall consult with and have regard to the views of the Commissioner for Town and Country Planning before granting such consent.

[Ch6902s11]11. Care, main tenance and construction of roads

(1) Subject to section 9, a highway authority shall have power—

(a) for the purposes and subject to this Act, to enter upon any land and there to carry out any works and exercise any powers in relation to any public road for which it is responsible or proposed public road to be concerned therewith;

(b) to restrict the use of any public road or part thereof for which it is responsible and to use for such purpose traffic signs or other notices in accordance with this Act, or any other law. Without prejudice to the generality of the foregoing, such restrictions may prohibit the entry of a vehicle on a cycle track or footpath, control the use of bicycles or the movement of animals on any carriageway or footpath or forbid any person to proceed on foot along any part of any road;

(c) subject to the special or general directions of the Minister and subject to payment of compensation in accordance with Part II, to widen or divert any public road within the limits of a road reserve and to require the removal of any tree or structure on a road reserve and, if the owner of any such tree or structure fails to remove the same after being required to do so, power to remove the obstruction.

(2) Every highway authority shall have jurisdiction to the extent provided in this Act over those public roads for which it is appointed to be the highway authority and shall be liable to undertake the construction, alteration, care and maintenance of such roads:

Provided that if any highway authority shall fail to maintain any part of any public road for the maintenance of which it is responsible the Minister may, after giving reasonable notice to such highway authority, arrange for the works which he considers necessary for making good such failure, to be carried out in such manner as he shall direct.

(3) Except as otherwise provided in this Act, liability to undertake the construction, alteration, care and maintenance of a public road includes liability to pay all the costs incurred in such construction, alteration, care and maintenance.

(4) If any road is widened or diverted under subsection (1) (c) the land occupied by the widened or diverted road shall vest in the President as public land and shall be deemed to have been declared public land; and thereupon the land bordering the road on each side within a distance from the centre line of the portion of the road which has a new alignment of half the designated width of the road reserve, shall become road reserve without declaration or other formality. The highway authority shall prepare and register such plans, if any, relating to the widening or deviation as may be prescribed in rules made under section 25 (4).

(5) Land which ceases to be part of a public road as a result of work effected in accordance with subsection 1 (c) shall vest in the owner of the adjoining land upon the terms and conditions upon which he holds such land without formal transfer, unless such land was, immediately before becoming a public road, customary land.

[Ch6902s12]12. Control points of access, structures, etc.

26 of 1988(1) The Minister shall have power to make regulations to control the number, location and design of points of access to all main and secondary roads, and to require the owners of buildings and property to provide service roads to give access to such buildings or property, and to prohibit the erection of any buildings with direct frontage on to any road or road reserve.

(2) Any powers conferred on the Controller of Roads or on any other person by regulations made under subsection (1) may only be exercised after consultation with the Commissioner for Town and Country Planning. [Ch6902s13]13. Opening of branch roads

(1) Occupiers of land adjoining or served by or contributing to the cost of construction, care and maintenance of any road or proposed road outside a Municipality or Township may apply to the Minister, through a highway authority responsible for the public road referred to in subsection (1) (a) (i) to have such road designated a branch road. In such case the following provisions shall be observed and shall be applicable—

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

(i) the point on a public road from which the branch road is required;

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

(iii) the proposed terminal point of the road;

(iv) how the expenses of construction, care and maintenance are proposed to be defrayed;

(b) notice shall be given by the applicants in one newspaper published or circulating in the District in which the road in question is situate or proposed.

(2) The notice prescribed in subsection (1) shall contain adequate details of the application and call upon any person objecting thereto to lodge at the office of the highway authority within three months after the date of the publication of such notice his objections thereto in writing.

[Ch6902s14]14. Report and recommendations to be submitted to Minister

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

(2) After considering any such application and any objection thereto under section 13, and on making such further inquiries as it may deem fit, the highway authority shall make a report and recommendations on the matter to the Minister.

(3) If upon the consideration of any such report and recommendations it shall appear to the Minister that the application is one which shall be approved, he may, by notice published in the Gazette, designate such a road to be a branch road and he may, in any event, determine whether the whole or any part of the expense incurred in connexion with the application, including obtaining the report and, if the application is approved, causing the road to be designated, should be paid and borne by the applicants, and how the deposit shall be disposed of.

[Ch6902s15]15. Branch roads may be designated secondary or district roads (1) The occupiers of any land which abuts upon a branch road outside a Municipality or Township or persons who contribute to the cost of maintenance of such a branch road may apply in writing to the Minister, through the highway authority concerned, to have such branch road designated a secondary or district road.

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

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

[Ch6902s16]16. Consideration and determination of application

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

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

(3) If after consideration of any such report and recommendations it shall appear to the Minister that the application is one which should be approved, he may, by notice published in the Gazette, designate such road a secondary or district road, and may, in any event, determine whether the whole or any part of the expenses incurred in connexion with the application including obtaining the report and, if the application is approved, in causing the road to be designated, should be borne by the applicants, and how the deposit shall be disposed of.

[Ch6902s17]17. Alterations to roads

(1) The Minister may at any time, by notice published in the Gazette, alter the classification of any public road or any part thereof and the width of any road reserve and sections 4, 5, 6, 7, 8 and 10 shall thereupon apply to such road or part thereof or road reserve according to the terms of such notice.

(2) In any case in which a highway authority proposes to divert the permanent alignment of a road beyond the limits of a road reserve, sections 22 to 28 inclusive shall, subject to section 9, apply to such proposal.

(3) In any case in which a highway authority desires to cease to be responsible for the construction, care and maintenance of any road or any part thereof, or in which, as a result of the deviation of the permanent alignment of any road, a highway authority desires to close any road for which it is responsible or any part thereof, or in any other case whatsoever in which it appears to the Minister desirable, for any reason, that any road shall cease to be a public road, the highway authority responsible for such road may cause an advertisement to be published in the Gazette and in one newspaper, circulating in the area concerned, giving particulars of the proposal and clearly describing the road sought to be affected.

(4) The notice prescribed in subsection (3) shall call upon any person objecting to the proposal to lodge at the office of the highway authority concerned, within one month after the date of publication of such notice, his objections thereto in writing. A copy of the notice shall also be posted, for general information, at some conspicuous place outside the office of the District Council of the District in which the road is situated.

(5) The highway authority shall consider and notify the Minister of any such objections and shall make recommendations to him.

(6) After considering any such objections and the recommendations of the highway authority the Minister may, after registration of such plans, if any, as are required under section 25 (4) to be registered, by notice published in the same manner, declare that the proposal, of which notice has been so given, is to be carried out.

(7) In any case in which the proposal is that after the publication of the notice referred to in subsection (6) the road or part thereof may continue to be used as a private road, the Minister may by such notice declare that such road or part thereof shall cease to be a public road and thereupon the road or part thereof, unless immediately prior to becoming a public road it was customary land, shall vest as a private road in the owners (who may, if the Minister thinks fit, be described in such notice) of the land adjoining the road or part thereof and, if it was customary land, shall be dealt with in accordance with the Land Act and, in either case, the highway authority shall cease to be responsible for the construction, care and maintenance thereof. Cap. 57:01

(8) In any case in which the proposal is that the public shall cease, after the publication of the notice referred to in subsection (6), to have the right to use the road or part thereof the Minister may, by such notice, declare that the road or part thereof shall be closed to use by the public, and thereupon the road or part thereof shall cease to be a public road and the land on which it was constructed may be disposed of or dealt with in any manner in which public land may properly be disposed of or dealt with.

[Ch6902s18]18. Storm water from roads

(1) A highway authority may construct and keep open and clean ditches, drains, culverts and other works for the draining, protection, preservation, improvement, repair, construction or diversion of any road in, through, under or over land adjoining or near a road or road reserve and compensation shall be paid by the highway authority to the owner or occupier of improved land in respect of destruction of or damage to surface rights thereof by such works in accordance with Part II. The valuation date shall be the date of entry on to the land and any claim for compensation shall be made within three months after the act, matter or thing has been done in respect of which compensation is claimed. (2) Storm water flowing from any road or from any such ditch, drain, culvert or other work as is mentioned in subsection (1) may, subject to subsections (3) and (4), be discharged by the highway authority on to any land adjoining or near a road or road reserve.

(3) Prior to carrying out any work which is liable to discharge storm water on to land adjoining or near a road or road reserve the highway authority responsible for the construction shall consult the owner of the land likely to be affected and, so far as possible, agree a suitable place for the discharge of the water. If no agreement can be reached the matter shall be referred to an agricultural officer who shall advise on a suitable place, and the highway authority shall act according to that advice.

(4) If the storm water is not caused to discharge into a stream or other proper outlet the highway authority shall pay to the owner or occupier of the land on to which the water is discharged, compensation in respect of the cost of the works reasonably necessary to be done by such owner or occupier to prevent any damage likely to be caused by such storm water. The highway authority shall not be liable otherwise in respect of the consequences of such discharge. If no agreement can be reached as to what works are reasonably necessary to be done by the owner or occupier the matter shall be referred to an agricultural officer for advice and the owner and occupier of the land and the highway authority shall act according to that advice.

[Ch6902s19]19. Storm water from land adjoining

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

(2) In the event of any application for a permit under subsection (1), the highway authority concerned shall not grant permission unless the applicant agrees to pay the expenses of any additional drain or enlargement or alteration of any existing road drain which is considered necessary by such highway authority.

(3) In the event of the permission being refused or of any dispute as to the necessity for such additional drain or enlargement or alteration of drains arising, the matter shall be referred to the Minister for decision after consultation with the Minister charged with responsibility for Agriculture.

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

[Ch6902s20]20. Powers of highway authority to control traffic

(1) Subject to this section, where a highway authority is satisfied that, by reason of works of repair or construction being required or being in progress on or near a public road for the maintenance of which it is responsible, such public road should be prohibited to traffic or to traffic of a particular classification or description, or the use of such road should be restricted in any way, such highway authority may, by order, prohibit or restrict the use of such road, or any part thereof in such manner as may be specified in the order, and shall in such order direct the attention of such traffic as may be affected by such order to any alternative route which may be available.

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

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

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

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

Provided that—

(a) subject to section 23, wherever possible a deviation for the passage of traffic shall be provided within or adjacent to the road reserve concerned;

(b) all reasonable steps shall be taken to display adequate traffic signs in accordance with the Road Traffic Act giving reasonable warning to traffic using the road of any such closure or restriction. Cap. 69:01

(5) Any person who uses or permits the movement or use of any animal or vehicle on any part of any road in contravention of any order issued by a highway authority under this section shall be guilty of an offence.

[Ch6902s21]21. Liability of highway authorities and their staff

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

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

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

(a) for a main road, 60 metres;

(b) for a secondary road, 36 metres;

6 of 1989(c) for a tertiary road, 36 metres;

(d) for a district road, 36 metres; and

(e) for branch roads and estate roads, 18 metres.

[Ch6902s22]22. Power of highway authority to enter upon land for investigation

(1) For the purpose of carrying out investigations in connexion with surveying or setting out the line or course of any proposed road a highway authority shall have power to authorize in writing any member or officer of the authority or other person to enter upon any land with such assistants, workmen, apparatus, instruments, vehicles and tools as may be considered necessary by the person so authorized.

(2) No entry shall be made upon any land in accordance with subsection (1) unless prior notice has been given to the owner or occupier of the land concerned, nor during the hours of darkness.

(3) Compensation shall be paid by the highway authority to the owner and occupier of the land for any damage to or destruction of surface rights on the land caused by the persons entering on such land in pursuance of the powers conferred by this section. Such compensation shall be assessed in accordance with Part II. No other compensation shall be payable in respect of any entry made pursuant to this section. The valuation date shall be the date when notice of intention to enter was given. The time for making any such claim shall be within three months from the date when the damage or destruction was caused.

[Ch6902s23]23. Temporary deviations (1) For the purpose of facilitating the construction, repair or maintenance of any public road a highway authority may, after giving prior notice of its intention to the owner or occupier of the land, enter upon any land and construct and maintain thereon temporary deviations of the road:

Provided that—

(a) no such deviation shall be constructed on improved land without the approval of the Minister or the concurrence of the owner or occupier of the land;

(b) compensation shall be paid by the highway authority to the owner and occupier of improved land affected for any damage to or destruction of surface rights on such land caused by any entry and acts authorized under the provisions of this section. Such compensation shall be assessed in accordance with Part II; but no other compensation shall be payable in respect of such entry or acts. The valuation date shall be the date when notice of intention to enter was given. The time for making a claim for such compensation shall be within three months from the date when the damage or destruction was caused.

(2) Where a highway authority has exercised any power under this section, it shall, when the deviation is no longer required for the purpose for which it was constructed make good the land affected thereby to the extent necessary to prevent soil erosion.

[Ch6902s24]24. Power to control land for proposed roads

26 of 1988(1) If, during any investigation which is being made by a highway authority for the purpose of determining the line or course of any proposed road, the Minister has reason to believe that any person is doing or intending to do any act or thing likely or calculated to interfere with the proposed road, he may, in writing, request such person to cease or refrain from doing such act or thing.

(2) If any such person fails or refuses to comply with a request made under subsection (1), the Minister may, by notice published in the Gazette, declare such land as he considers proper in relation to the proposed road to be controlled for road purposes. Such notice shall specify the owners or occupiers of the land and shall describe the area or areas so controlled.

(3) Publication of a notice in accordance with subsection (2) shall have the effect of prohibiting any activity whatsoever on the land controlled other than activity which the Minister or the highway authority may, after consulting the Minister for the time being responsible for the administration of the Town and Country Planning Act, authorize in writing. In giving such authority the Minister or highway authority may impose any conditions.

(4) A control effected under the provisions of this section shall lapse after the expiration of twelve months except to the extent that it is continued as to any part of the land affected by a reservation effected under section 25. (5) As soon as possible after publication of a notice under subsection (2) the highway authority carrying out the investigation shall lodge with the Deeds Registrar two copies of a plan or plans showing the boundaries of the land affected by the notice.

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

[Ch6902s25]25. Reservation of and

(1) As soon as the course of any proposed road has been demarcated, the Minister may, by notice published in the Gazette and in a newspaper circulating in the District concerned, reserve a strip of land not exceeding 60 metres wide along such course and shall notify such reservation in writing by registered post or by delivery to the individual owners or occupiers of the land so reserved. Every such notice shall include a list of the properties affected by the reservation and shall specify the office at which plans showing the reserved strip of land may be inspected. G.N. 18/1982

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

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

(b) prohibiting upon the land so reserved any activity which would, if the land were road reserve, be contrary to section 10, 19 or 36:

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

(3) As soon as possible after any land has been reserved under this section, the highway authority shall, subject to subsection (4), lodge with the Commissioner for Surveys and the Deeds Registrar one copy of plans showing the course of the proposed road.

(4) The Minister, after consultation with the Minister responsible for Lands and Surveys, may make rules regarding the scale and nature of such plans and any other plans referred to in this Act and the registration and inspection thereof. Such rules may include provisions dispensing with the necessity for plans in approved cases relating to the widening or deviation of a road under section 11, to the deviation of the permanent alignment of a road under section 17, or to the variations mentioned in subsection (6).

(5) The registration of such reservation shall not debar the owner of any land affected from transferring or otherwise dealing with such land, but the assessment of compensation shall not be affected or influenced in any way by such dealing. (6) In any case in which, during construction of the proposed road, any variation in the position of the road is found necessary or desirable fresh plans shall, before designation of the road under section 28, be prepared and lodged in accordance with subsection (3) showing the true position of the road as completed, and compensation shall be adjusted according to the loss or damage actually suffered.

[Ch6902s26]26. Withdrawal or modification of control or reservation

The Minister may at any time withdraw or modify any control or reservation made under section 24 or section 25 by giving notice in the Gazette and by notifying the Deeds Registrar and, if plans have been lodged with him, the Commissioner for Surveys and any owner or occupier of land affected of such withdrawal or modification.

[Ch6902s27]27. Unauthorized acts on controlled or reserved land

Where on any land controlled or reserved under section 10, 24, 25 or 26, any person does any act calculated to impede the purposes for which the land has been controlled or reserved or which he has not been authorized by the Minister or highway authority to do, the Minister or highway authority may, by notice in writing, direct such person, at his own expense and within such period as shall be specified in such notice, to restore such land to the condition in which it was immediately before such unauthorized act, and if such person fails to comply with such direction within the period specified, he shall be guilty of an offence, and the Minister or the highway authority may cause to be carried out such work as may be necessary to restore the land and may recover from such person as a civil debt any expense incurred in such work.

[Ch6902s28]28. Designation of new road and compensation

(1) After completion of the construction of a road and registration of plans under sections 22 to 26 inclusive, the Minister shall, by notice published in the Gazette, designate such road as a public road in accordance with the classification specified in section 3 and thereupon the road shall vest in the President as public land and the land on each side of the road to the extent specified in such notice, not exceeding a total width of 60 metres, shall be road reserve.

(2) Compensation shall be payable to the owner and occupier of the land affected which shall be assessed in accordance with Part II. The valuation date shall be the date of the notice published under section 25.

(3) Each owner and occupier desiring compensation shall, within three months after publication of a notice under section 25, lodge with the highway authority notice of his intention to make a claim for compensation in respect of the loss or damage which he anticipates will result to him therefrom. Compensation shall be assessed according to the loss or damage actually sustained by the claimant and shall be payable as soon after the loss or damage is sustained as the amount of compensation can be assessed.

(4) In assessing compensation under this section account shall be taken of any compensation paid under section 22.

[Ch6902s29]29. Power to take materials for roadworks

1 of 1981(1) A highway authority, or any person duly authorized by it, shall at all times have the power to enter upon any land (except within the boundaries of the area of a City, Municipality or Township or of the area of land comprised in any Mineral Right, non-exclusive prospecting licence, claim, permit, or other authority, subsisting under the Mines and Minerals Act) and to take therefrom any material (including water, other than water from an artificial dam, well or borehole save with the consent of the owner) necessary for the construction, maintenance or repair of roads or proposed roads for which the highway authority is responsible and for providing in connexion therewith labour camps, access roads and space for stock-piling, and no compensation shall be payable except as provided in this section. Cap. 61:01

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

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

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

(4) The rights conferred on a highway authority by this section shall be exercisable from time to time and the compensation provided for in this section shall be payable from time to time in respect of each occasion on which such rights are exercised, to the extent of any fresh loss or damage suffered by the owner or occupier on each occasion.

(5) Whenever land is entered for any purpose in accordance with the powers conferred by this section, compensation shall be paid by the highway authority to the owner and occupier of the land in respect of surface rights in accordance with Part II; the valuation date in any such case shall be the date when the owner or occupier of the land suffered the loss or damage which gave rise to the claim. The time for making a claim for such compensation shall be within six months after any loss or damage is suffered:

Provided that in any case in which the land affected by the exercise of powers conferred by this section is—

(a) unimproved land, and (b) is not customary land, and

(c) exceeds in area one per centum of the area of the total estate of the person who was the owner thereof on the date of entry, compensation shall be paid to the owner for the value of any area so affected, in excess of the one per centum referred to in paragraph (c) to the extent to which the land so affected has been rendered less valuable for agricultural purposes:

Provided also that in no case shall compensation be paid in respect of the value of the materials taken.

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

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

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

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

(9) Any owner aggrieved by the decision of a highway authority under this section may appeal to the Minister. The Minister may make rules regulating the procedure on such appeals:

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

[Ch6902s30]30. Highway authorities and employees may park vehicles, erect huts, etc., on private land

A highway authority and persons employed by it in the construction or repair of any road or proposed road shall have the right, provided that before exercising such right under this section it or they shall have given reasonable notice to and have consulted with the owner or occupier of any land which will be affected— G.N. 18/1982 (a) to park vehicles and to erect tents, huts or other temporary buildings on any site convenient to it or them, subject to the following conditions—

(i) no tents, huts or other temporary buildings shall be erected within 180 metres of any dwelling house without the consent of the occupier of the dwelling house; and

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

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

(c) to take and otherwise make provision for water necessary for the proper execution of the work and for animals and labourers:

Provided that it shall not be taken from any artificial dam, furrow or well or borehole save with the consent of the owner;

(d) to cut down and remove trees or bushes on land forming part of a road reserve where necessary in the construction or repair of public roads, provided that such trees when cut down shall belong to the owner of the land upon which the said trees were cut.

[Ch6902s31]31. Contractors may exercise rights granted to highway authority

The rights granted to and the obligations of a highway authority under sections 18, 23, 29 and 30 may be exercised by a contractor under the supervision or direction of the highway authority engaged in the construction or repair of public roads or proposed roads and on behalf of any highway authority:

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

[Ch6902s32]32. Power to undertake ancillary works

6 of 1989(1) A highway authority may, for the purpose of protecting traffic on any road from danger or of making the crossing of any road less dangerous to pedestrians, erect, light, maintain, alter and remove places of refuge in such road, and construct, light, maintain, alter, remove and close subways or over bridges for the use of foot passengers.

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

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

(b) at cross roads or other road junctions for regulating the movement of traffic; and (c) for providing places of refuge for the protection of pedestrians crossing the road.

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

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

[Ch6902s33]33. Provision of footpaths, cycle tracks, etc.

6 of 1989(1) A highway authority shall have the power to provide on public land, wherever it shall deem it necessary or desirable for the safety or accommodation of pedestrians, proper and sufficient footpaths by the side of roads under its control and to provide on public land, wherever it shall deem necessary for the safety or accommodation of ridden horses, driven livestock, agricultural machinery, pedal cyclists or other special types of traffic, grass or other margins or tracks by the side of roads under its control, and to control the manner of user of such paths, margins and tracks by different classes of the public.

(2) If there is a proposal that any footpath, margin or track is to be provided under subsection (1) on land which is not public land, then section 11 (1) (c) and section 11 (4) shall apply to such proposal as though the road was being widened.

[Ch6902s34]34. Ferries and pontoons

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

(2) Any ferry or pontoon operated under subsection (1) shall be operated in accordance with any other law for the time being in force.

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

Provided that nothing in this subsection shall detract from the rights, powers, duties and responsibilities conferred upon any railway company by the Railways Act. Cap. 69:03

[Ch6902s35]35. Provision of cattle grids

The Minister shall have power to make regulations controlling the construction of cattle grids on any road and providing for the recovery by the highway authority of the cost incurred in constructing and maintaining any cattle grid.

[Ch6902s36]36. Prevention of damage, etc, to roads (1) Except in so far as may be necessary in any emergency in order to enable him to use the road in a lawful manner, no person shall, otherwise than in accordance with this Act—

(a) encroach on any public road or road reserve by making, erecting or altering any structure, ditch or other obstacle or by planting trees or therwise:

Provided that nothing in this paragraph shall be construed to apply to a barrier of a pattern and in a position approved by the highway authority and duly erected in accordance with any law in force for the control of traffic for the purposes of examination in connexion with immigration or customs or for the control of human, animal or plant pests or diseases;

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

(c) intentionally or negligently damage in any way any part of any public road or gather, heap up or take away any gravel, crushed stone, sand, soil or other material from any public road;

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

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

(f) obstruct the free passage on a public road by exposing goods or merchandise of any description thereon;

(g) cause or permit or suffer to be caused any damage to any public road as a result of failure to comply with any law limiting the type, weight or dimensions of vehicles or the load carried thereon:

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

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

(3) Any cost of repair or other work incurred by a highway authority as a result of anything done or omitted in contravention of section 10 (1) or (6) may be recovered by the highway authority as a civil debt from the person who did or omitted such thing or caused it to be done or omitted.

(4) A highway authority may, by notice in writing, direct any person who encroaches on any road or road reserve by making, erecting or planting any structure, ditch, tree or other obstacle contrary to subsection (1) to remove or fill in the same within the time to be stated in such notice. (5) If any person fails to comply with a direction given under subsection (4) the highway authority may cause the obstacle specified in the notice to be removed or filled in.

(6) The cost of removing or filling in any obstacle under subsection (5) may be recovered by the highway authority as a civil debt from the person failing to comply with the notice.

[Ch6902s37]37. Regulation of undertakers’ works

6 of 1989(1) In respect of any public road or road reserve an undertaker shall not execute any undertakers’ works except in accordance with such regulations as may be made in accordance with the next succeeding subsection.

(2) The Minister may make regulations—

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

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

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

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

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

6 of 1989(3) If any undertaker executes any works in contravention of this section he shall be liable to a fine of K1,000.

(4) If any highway authority concerned objects to any works carried out or alleged or proposed to be carried out by any undertaker in respect of any road or road reserve specified under this section or to any emergency works and is unable to reach agreement with the undertakers to meet the objections the highway authority may refer the matter to the Minister for decision.

[Ch6902s38]38. Execution of undertakers’ works

6 of 1989(1) An undertaker shall execute works within roads or road reserves in accordance with such proposals and details thereof as may have been agreed under the preceding section or in accordance with any decision of the Minister made thereunder, and with all such despatch as is reasonably practicable. (2) An undertaker shall execute any items of works of an incidental nature and restore the road to a proper state of repair with all reasonable despatch after completion of any part of the works to the reasonable satisfaction of the highway authority:

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

6 of 1989(3) If an undertaker fails to carry out reinstatement in accordance with his obligations under this section he shall be liable to a fine of K100 in respect of each day of such failure.

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

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

[Ch6902s39]39. Undertakers to provide warning and safety precautions

6 of 1989(1) An undertaker or a contractor employed by an undertaker who is executing works shall secure at his expense that the following requirements are observed during and in connexion with the execution of the works and of any restoration or other repair to any road occasioned thereby—

(a) that, so long as the road or road reserve is open or broken up (except in a place to which the public have no right of access and are not permitted to have access), such works are adequately fenced and guarded and all reasonable steps are taken to keep the works 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 the Road Traffic Act) are so placed, and where so directed, operated and lighted in accordance with any directions in that behalf which may be given by the Minister;

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

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

(f) that any other requirement imposed in accordance with any regulations made by the Minister is complied with. 6 of 1989(2) If any undertaker or any contractor employed by an undertaker fails to satisfy an obligation to which he is subject by virtue of subsection (1) he shall be liable to a fine of K100 for each day of such failure.

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

[Ch6902s40]40. Works at railway crossings

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

(2) If any undertaker fails to comply with an obligation to which he is subject by virtue of the preceding subsection he shall be guilty of an offence.

[Ch6902s41]41. Removal of apparatus

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

[Ch6902s42]42. Powers enjoyed by electricity undertakings

The powers conferred by any other law upon any authorized electricity undertaking in relation to roads or streets which require to be exercised with the consent or approval, or subject to the requirements or superintendence of the authority responsible for the road or street 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.

[Ch6902s43]43. Limitation of time in which works may be executed

(1) Subject to this section, a statutory power of undertakers to break up or open a road, being a power conferred for any purposes other than road purposes or purposes of a railway undertaking, shall not be exercisable on or under any road during the twelve months following either— (a) the end of any period during which the use by vehicles of the carriageway of such road has been prohibited or the width thereof available for vehicular traffic has been reduced to less than two-thirds of its normal width for the purposes of execution of works for road purposes; or

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

(2) Subsection (1) shall not apply unless the following conditions are satisfied—

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

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

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

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

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

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

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

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

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

(b) without prejudice to his liability under the preceding paragraph he shall be guilty of an offence.

PART II COMPENSATION

[Ch6902s44]44. Assessment of compensation generally and for surface rights

6 of 1989(1) Whenever, under this Act, the owner or occupier of land or both of them shall be entitled to compensation in respect of the exercise of powers conferred by this Act in relation to land or surface rights thereon, then all persons having any interest in the land or surface rights affected by the exercise of the powers shall be entitled to such compensation as is provided for in this Act according to the extent and mature of their respective interests.

(2) In any case in which such compensation is limited to compensation in respect of surface rights, if the land on which such surface rights exist is—

(a) customary land, the amount of compensation shall be assessed in accordance with section 45 (1) (a) notwithstanding that the land does not become public land;

(b) private land, the amount of compensation shall be based on the loss or damage suffered by the claimant arising from the damage to or destruction of his interest in the surface rights on such land valued at the valuation date and shall include—

(i) the damage, if any, sustained by the person interested at the valuation date by reason of the severance of such land from his other land or other injurious matter affecting his other property movable or immovable by reason of the exercise of the powers conferred by this Act;

(ii) if, in consequence of the matters giving rise to the claim, the claimant is compelled to change his residence or place of business the reasonable expenses, if any, incidental to such change, but shall not include any sum in respect of improvements on land in a road reserve effected since the land became road reserve.

[Ch6902s45]45. Compensation for land which becomes public land

(1) Wherever it is provided in this Act that the owner or occupier of land or both of them shall be entitled to compensation in respect of land which becomes public land, the following provisions shall apply—

(a) in the case of customary land, subject to subsection (2), the occupier shall be entitled to reasonable compensation in respect of disturbance. The amount of such compensation shall be assessed after consultation with the Chief, if any, of the area in which the land is situate and be based on the loss suffered by the claimant arising from damage to or destruction of his interest in the surface rights on such land under the relevant customary law but may include compensation for other disturbance—

(i) where he has to move his residence or place of business;

(ii) where no alternative land can be made available to him and the land remaining available to him for agricultural purposes is not, in the opinion of an agricultural officer, an economic unit; (iii) where alternative land is made available to him and the making of the alternative land equally as fit for cultivation as the land of which he has been deprived is likely to involve a loss in terms of money, materials or work:

Provided that in assessing compensation under this paragraph the total compensation for disturbance shall in no case exceed the total of—

(i) what would have been the value of the land in its improved condition at the valuation date less its value at such date in an unimproved condition if it had been freehold land;

(ii) the damage, if any, sustained by the occupier by reason of severing such land from other land occupied by him;

(iii) the reasonable expenses, if any, incidental to a change of residence or place of business if, in consequence of the matters giving rise to the claim, he is compelled to effect such change;

(b) in the case of private land, the persons interested in such land shall, according to their respective interests therein, be entitled to compensation which shall, subject to subsection (2) be assessed in accordance with section 46.

(2) In the case of land which before it became public land was road reserve subsection (1) shall apply with the following variations—

(a) no compensation shall be paid in respect of improvements effected since the land became road reserve;

(b) compensation shall be limited to compensation in respect of damage to or destruction of surface rights and shall be payable only when such damage or destruction takes place. In such case the valuation date shall in the absence of other express provision in this Act, be the date when the damage or destruction takes place.

[Ch6902s46]46. Matters to be taken into consideration in assessing compensation for alienated land

(1) In assessing the amount of compensation under section 45 (1) (b) the following matters and no others shall be taken into consideration—G.N. 18/1982

(a) the market value of the land or interest therein of the claimant at the valuation date;

(b) the damage, if any, sustained by the person interested, at the valuation date, by reason of the severance of such land from his other land or other injurious affecting of his other property moveable or immoveable by reason of the exercise of the powers conferred by this Act;

(c) if, in consequence of the matters giving rise to the claim, the claimant is compelled to change his residence or place of business the reasonable expenses, if any, incidental to such change;

(d) any increase in the value of the other land or other benefit of the person interested at the valuation date likely to accrue from the construction of the road; (e) the relief obtained by the claimant as a result of the taking of the land from the necessity of carrying out in whole or in part any order or direction against the land taken made under any law for the time being in force relating to the use and protection of land when the work required by the order or direction has not been commenced or completed at the valuation date.

(2) For the purpose of subsection (1) (a)—

(a) if the market value has been increased by means of any improvement made by the claimant or his predecessor in interest within two years before the valuation date such increase shall be disregarded unless it be proved that the improvement was made in good faith and not in contemplation of the construction of the road;

(b) the following matters shall be disregarded—

(i) any enhancement of the market value due to the proposal to construct or extend the road;

(ii) any increased value thereof due to use of the land or any premises thereon which is contrary to law or could be restrained by a court;

(iii) any damage sustained by the claimant which, if caused by a private person, would not be a good cause of action;

(iv) the special suitability or adaptability of the land for road purposes;

(v) the degree of urgency which has led to the taking of the land; and

(vi) any disinclination of the claimant to part with his interest in the land.

(3) For the purpose of subsection (1) (d) the increase in value of the other land and the other benefit likely to accrue shall, where the land forms part of an estate—

(a) not less than 160 hectares and not more than 400 hectares in extent, be deemed equal in value to two per centum of the total area of the estate;

(b) exceeding 400 hectares in extent, be deemed equal in value to four per centum of the total area of the estate:

Provided that—

(i) where the land taken is improved land this subsection shall not operate to deprive the person interested of compensation in respect of damage to or destruction of surface rights existing at the valuation date on the land taken; and

(ii) where the land taken forms part of an estate less than 160 hectares in extent it shall not, in the absence of evidence, be assumed that there is any increase in the value or other benefit to be taken into consideration. [Ch6902s47]47. Claims for compensation

6 of 1989(1) Any person desiring to claim compensation shall make a claim in writing to the highway authority liable to pay such compensation within the time prescribed for making claims and shall give particulars of the amount claimed and the basis of the claim:

6 of 1989Provided that—

(a) in the case of customary land, the claim may be made orally to the Chief for the area, who shall forward the claim to the officer responsible for land matters within the District and such officer shall in turn forward the claim to the relevant highway authority; and

(b) a compensation board may in any proper case extend the time for making a claim even though no claim is made before the prescribed time for making it has expired.

(2) On receipt of a claim the highway authority responsible shall agree to pay the claim or forthwith make a written offer to the claimant in settlement thereof.

(3) In every case, if compensation is not agreed within two months after the date of the claim the assessment of compensation may be referred by the highway authority or the claimant to a compensation board.

6 of 1989(4) A compensation board shall consist of a Resident Magistrate and two assessors appointed by the Minister, and the board shall determine the amount of compensation by a majority decision.

6 of 1989(5) The compensation board under subsection (4) shall have jurisdiction in respect of all claims for compensation under this Act, irrespective of the amount thereof, and shall, in case the compensation relates to disturbance of the occupier of any customary land, consult the Chief of such land and the board shall proceed to assess the amount of compensation after giving the claimant and the highway authority an opportunity of being heard, and the compensation board may award a reasonable amount of compensation and costs as may be necessary in the circumstances of the claim.

[Ch6902s48]48. Procedure before compensation boards

The Minister may, with the concurrence of the Chief Justice, make rules regulating the procedure to be followed before any compensation board and for constituting the board.

[Ch6902s49]49. Appeal to High Court

6 of 1989(1) Where the amount of compensation awarded by a compensation board exceeds the sum of K2,000, but not otherwise, the claimant or the highway authority may appeal to the High Court by way of petition lodged within one month from the date of the award by the compensation board or in accordance with rules made by the Chief Justice. (2) The Chief Justice may make such rules as he considers proper relating to the conduct and hearing of such appeals, including the appointment and remuneration of assessors and regulating the costs of the appeal.

[Ch6902s50]50. No further appeal

There shall be no further appeal from the decision of the High Court given under section 49.

PART III

SUPPLEMENTARY AND TRANSITIONAL

[Ch6902s51]51. How notices to be served

(1) Whenever under any of the provisions of this Act, any notice is required to be served upon or given to the owner or occupier of land then, in respect of customary land, such requirement shall be deemed to have been satisfied by service of the notice on the Chief for the area in which the land concerned is situate.

(2) Whenever a notice is served upon a Chief under subsection (1) that Chief shall inform the occupier of the land concerned of the purport and effect of the notice.

(3) Whenever under any of the provisions of this Act any notice is required to be served upon or given to the owner or occupier of private land, service of the notice shall, where practicable, be made on the person therein named.

(4) When such person cannot, after reasonable inquiry, be found the service may be made on any adult member of his family residing with him and if no such adult member can be found the notice may be served by fixing a copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business or by fixing a copy on the notice board of the District Council of the District in which the land in question is situate and on some conspicuous part of such land.

(5) When it is uncertain who is the owner of any land notice shall be given to every person who claims to be interested in such land.

(6)(a) Every occupier of private land who is served with a notice under this Act relating to land of which he is not the owner, shall, forthwith after receipt of the notice, inform the owner of the land of the purport and effect of the notice or shall give a copy of the notice to such owner.

(b) The duty of the occupier of land under paragraph (a) shall also apply in respect of every notice affixed on a conspicuous part of such land under subsection (4).

(7) In any case in which the name of the owner or occupier of any land is not known, and cannot after reasonable inquiry be ascertained, it shall be sufficient to address any notice to the owner or occupier by that description giving also an adequate description of the land in question. (8) Where the owner of any land is not in Malawi a notice sent by post to such person at his last known address shall be deemed to have been duly served on such person on the date when it would ordinarily be delivered in due course of post:

Provided that where prior notice to the owner of land is required to be given before a power of entry under this Act is exercised, such requirement shall be deemed to be satisfied by giving notice to the occupier of the land.

(9) Wherever in this Act it is provided that the owner or occupier of land shall be consulted and such person cannot be found, it shall be sufficient to serve a notice on such person informing him of the matter in respect of which consultation is required.

[Ch6902s52]52. Obstruction of officers

Any person who wilfully resists, obstructs, hinders or molests, and any person who incites, assists or procures another person to resist, obstruct, hinder or molest any person acting in the discharge of any duty or the performance of any act which he is authorized or required to perform by this Act shall be guilty of an offence.

[Ch6902s53]53. General penalty for offences

6 of 1989Any person guilty of an offence against this Act or any regulation or rule made thereunder for which no special penalty is provided by this Act or by any regulation or rule made thereunder shall be liable to a fine of K500 and to imprisonment for three months.

[Ch6902s54]54. Rules

(1) The Minister may by order made rules generally for carrying into effect any of the purposes or provisions of this Act, except where express provision is made that such rules be made by some other person.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may authorize any highway authority to demand and receive tolls from any person using any bridge, ferry, or pontoon maintained by such highway authority and may provide for exemptions from payment of such tolls.

(3) In particular and without prejudice to the generality of the foregoing power the Minister may make rules providing for the division of all public roads into classes, other than those provided for in section 3, and for restricting the use of each such class of road, including prescribing maximum gross weights for vehicles and trailers using each such class of road.

[Ch6902s55]55. Transitional

25 of 1950All roads declared to be public roads under the Public Roads Ordinance, 1950 (now repealed) shall, until designated under this Act, be under the control of the Chief Roads Controller who may make such arrangements regarding the care and maintenance thereof as, subject to any special or general directions of the Minister, he shall think proper.

[Ch6902s56]59. Saving

25 of 1950All proclamations, directions and rules made or issued under the Public Roads Ordinance, 1950 (now repealed) shall be deemed, in so far as they are not inconsistent with this Act, to have been made or issued under this Act and remain if force until other provision shall be made under this Act, or any other Act.

SUBSIDIARY LEGISLATION

DECLARATION OF PUBLIC ROADS AND HIGHWAY AUTHORITIES under ss. 3 to 8 and 17

G.N. 17/1963

131/1963

132/1963

161/1963

162/1963

163/1963

106/1964(N)

107/1964(N)

142/1964(N)

143/1964(N)

162/1964(M)

120/1965

142/1965

26/1966

81/1966

82/1966

148/1966 149/1966

199/1970

268/1970

88/1971

43/1982

1. The Minister has designated the roads in the Schedule to be public roads as follows—

(a) the roads in Part I to be main roads in accordance with section 4 of the Act;

(b) the roads in Part II to be secondary roads in accordance with section 5 of the Act;

(d) the roads in Part IV to be branch roads in accordance with section 7 of the Act;

(e) the roads in Part V to be estate roads in accordance with section 8 of the Act.

Full descriptions of the roads may be obtained from the Chief Roads Controller, Ministry of Works and Supplies, Private Bag 316, Lilongwe 3.

2. The Minister has, in respect of the branch roads set out in Part IV of the Schedule, appointed the respective highway authorities listed in the third column of that Part.

3. The Minister has appointed the Chief Roads Controller as highway authority in respect of the estate roads set out in Part V of the Schedule.

SCHEDULE G.N. 43/1982

PART I

Main Roads Serial No.ParticularsRegionApproximate length (kilometres)M1Mozambique Border at Muloza River-Mulanje-Thyolo-Limbe-Zomba-Lilongwe-Mzimba-

Kacheche-Chiweta Karonga-Chitipa-Zambian Border near Chitipa but excluding sections in ZambiaSouthern, Central and Northern1168M2Road M1 at Limbe-Blantyre-Mwanza-Mozambique BorderSouthern109M3Road M1 at Liwonde-Mangochi-Namwera-Mozambique BorderSouthern132M4Road M1 at Lilongwe-Mchinji-Zambian BorderCentral117M5Road M1 at Alimaunde-SalimaCentral93M6Road M2 at Chileka-Matope-Road M1 at a point approx. 8 km north-west of BalakaSouthern111M7Road M1 at Limbe-Road M1 at Fundis CrossSouthern48M8Road M2 at Blantyre-Chikwawa-Bangula thence in a South Easterly direction to Nembe where it crosses the railway line thence in a South South Easterly direction between the Shire River and the railway line to Nsanje- Mozambique BorderSouthern220M9Road M1 at Thyolo-Chiromo—Road M8 near BangulaSouthern89M10Road M1 near Lumbadzi-Ntchisi-NkhotakotaCentral138M12Road M1 near Mzimba-Mzuzu-Nkhata BayNorthern145M13Road M1 near Mzimba-Loudon-Zambian BorderNorthern53M14Road M1 at Engutwini-Ekwendeni-MzuzuNorthern47M15Road M3 at Mangochi- Monkey BaySouthern63M16Road M1 at Limbe—Road M2 at Queen’s CornerSouthern1M17Road M1 at Balaka-Mua—Road M5 at SalimaCentral145M18Road M17 at Mua—Road M15 at Monkey BayCentral58

PART II

Secondary Roads Serial No.ParticularsDistrictApproximate length (kilometresS2Karonga-Songwe RiverKaronga31S3Road S2-KambweKaronga0.3S5Road S85-ChinunkaChitipa13S7Road M1- MwamkumbaChitipa21S8Road M1 at Thumbi-MzumaraMzimba, Rumphi37S9Road S86- LivingstoniaRumphi3S10Road S85-Nyika Plateau RoadRumphi116S11Road M1 at Alimaunde-Road M4 at ChitedzeLilongwe24S13Road M1-Nathenje-Road M1Lilongwe1.6S14Road M1-Lilongwe QuarryLilongwe3S15Road M1 at Lumbadzi-Road M5Lilongwe8S16Road M4-Kasiya-Road S34 at DangaliroLilongwe, Dowa111S17Road S34 near Dangaliro-Road S11 near DzenzaLilongwe27S19Road M4-Nthema-Road M1Mchinji, Kasungu113S20Road M4-Mkanda-Road S19Mchinji64S21Road M1-Dedza- Road M1Dedza5S22Road M1-Road M17 near GolomotiDedza, Ntcheu34S23Road M1 at Linthipe-Lobi- Road S27 at MphunziDedza40S25Road M1 at Linthipe-Mpata Milonde-Road S21 at DedzaDedza42S27Road M1 near Dedza-Road M1 near Kachenzi (Linthipe Valley Road)Dedza32S28Road S25-Dedza SchoolDedza10S29Road M5-Grand BeachSalima21S30Road S29-Lake Circuit-Road S29Salima26S31Road M10-Dowa-Road M5Dowa26S32Road M1 near Majiga-Road M10Dowa8S33Road M5 at Kanyanyeva Quarry-Benga-Road M10 at NkhotakotaDowa, Salima, Nkhotakota108S34Road M1- Dangaliro-NambumaDowa19S35Road M1 at Chitakali-Road S40 at Chambe CrossMulanje13S36Road M6-Road M1 at NsipeNtcheu23S37Road M1-BililaNtcheu13S38Road M8-Road M9 near Muona (East Bank Road)Chikwawa, Nsanje61S39Road M15 near Lalwe Hill-Cape MaclearMangochi19S40Road M7- Chambe Cross-PhalombeMulanje32S41Road M1 near Zomba-Jali-Road S40 at PhalombeZomba, Mulanje72S42Road M1-Magomero-Road S41Zomba, Chiradzulu, Mulanje50S43Road S40 at Phalombe- Fort Lister Gap-NkhulambeMulanje14S44Road M1-Road M12 at MtangatangaMzimba23S45Road M14 near Dunduzi-Chikwina-Road M12 at TimbiriNkhata Bay, Mzimba53S46Road M12 at Mzuzu-Road S45Mzimba11S47Road M1 near Phazi-Mabulabo-Chise-mphere-Road M1Kasungu, Mzimba35S49Road M1 at Jenda-M13-Edingeni-Euthini-Lake Kazuni-Road S85 at ChikwawaKasungu, Mzimba Rumphi193S50Road M1 at Eswazini-Road S49 at KamcocoMzimba32S51Road M1 north of Kafukule- Road S49Mzimba14S52Road M1 at Ezondweni-Road M14 near EkwendeniMzimba18S53Road M12 at Nkhata Bay-Bandawe-Dwangwa River-Road M10 at NkhotakotaNkhata Bay, Nkhotakota192S54Road M1 at Kasungu-Road M10 at MboboKasungu, Nkhotakota74S55Road M1 at Balaka-Road M3 at MwaiMachinga29S56Road M1-Nyenyesi-Road M3 at ChipondeMangochi, Machinga, Zomba122S57Road M1-Matambi-Road M1Mulanje19S58Road M3 at Chingo-Lungwena RiverMangochi27S59Road M1 at Conforzi Blanket Factory-Miss Glover’s turn-offThyolo13S60Road M1 at Conforzi Blanket Factory- Khonjeni sidingThyolo23S61Road S60 at Manganiza-Lujenda turn-offThyolo6S62Road M1-Chiradzulu- Road M1Chiradzulu26S63Road M7-MikolongweChiradzulu5S65Road M1 at Zomba-Zomba Plateau via Mlunguzi Dam, and onwards-Road S65Zomba15S66Road M1 at Mtanta-Road S49 at EuthiniMzimba26S67Road M1 at Kasungu-Road S19 at KamphuruKasungu24S68Road M8 at Blantyre- Michiru East-Road M2 near ChilekaBlantyre14S69Road S41-Mpyupyu-KachuluZomba23S70Road M2 near Chileka-Chilangoma-Walker’s FerryMwanza24S71Road M1-Road S27Dedza5S73Road M1 at K.A.R. Memorial, Zomba-Road M1 at a point approximately 13 kilometres from ZombaZomba14S74Road M1- Balaka Trading Centre-Road M1Machinga1.6S75Road M1-Road D187 near KasunguKasungu3S76Road M1-Chilumba JettyKaronga6S77Road S10-Road D5 near NthalireRumphi, Chitipa43S78Road M1-Bua- Road M1Kasungu3S79Road S20-ChisasaMchinji31S80Road M8-TomaliChikwawa11S81Road M8-Ngabu- Road M8Chikwawa13S82Road M8-Road S81 at NgabuChikwawa2.4S83Road M8-Mbobo-Sande- Nguluwe-Nanthana-Road M8Nsanje14S84Road M1-Kasungu-Road M1Kasungu5S85Road M1 at Kacheche-Rumphi-Katumbi-Chisenga-Road M1 at ChitipaRumphi, Chitipa150S86Road S85 near Njakwa- Nchenachena-Livingstonia-Road M1 at ChitumbaRumphi87S87Road M1 at Kapoka-Road S85 at ChendaChitipa13S88Road M1 near Njakwa-Road S85Rumphi1.6S89Road S49-Vuvumwe River Bridge- Mbalachanda-WalikaMzimba51

PART III

District Roads Serial No.ParticularsDistrictApproximate length (kilometres)D1Road S2 at Kasiyata-Kyunga RiverKaronga11D3Road M1 at Kapoka-Misuku Court-D3 at SokoloChitipa53D4Road S7 at Mphalula- IpenzaChitipa19D5Road S85 at Chisenga-Nthalire-Road S85 at Mpolomombo but excluding section in ZambiaChitipa79D6Road M1 at Hara-Njalayankhunda-Road M1 at WovweKaronga29D7Road S85- MachiwandaRumphi5D8Road S86-NchenachenaRumphi1.6D9Road S86-Chiwerewere-Road M1 at ChiguliroRumphi16D10Road S86-Phwampwa-Road M1 at ChivungulaRumphi6D11Road S85 at Chitanga Market-Road D15 at JanakaziRumphi14D13Road S85-MaongaRumphi11D14Road S85- ChimatateRumphi10D15Road S85 at Chikwawa-Road S49 at BoweRumphi, Mzimba31D16Road S8- Jintajembe AreaRumphi10D17Road S86 at Phoka-ChakakaRumphi10D18Road S85-Katumbi MarketRumphi0.3D19Road S85-Vwaza Marsh-Zambian BorderRumphi23D20Road M5- ChiwambaLilongwe19D21Road M1-Nkhoma-Road M1 at LinthipeLilongwe, Dedza31D22Road M1-Bunda Loop-Road M1Lilongwe71D23Road S13-Chadza Watershed-Road D22 at One PennyLilongwe19D24Road S11 at Chitukula-Road M1 near LumbadziLilongwe23D25Road S16 at Nsaru-Nambuma-Road S16 at MpampanyaLilongwe, Dowa34D26Road S16 at Kasiya-Malembo-Road S16Lilongwe27D27Road S16 at Kabudula-Road S16 near MdzongaLilongwe14D28Road M4 at Kaphiri-Road S16 at FivewaysLilongwe24D29Road D22-T.A. Chadza-Road D23 near ChizingaLilongwe23D30Road D22- KamphiniLilongwe3D31From Lilongwe City Boundary-DzalanyamaLilongwe34D32Road M4-Road D31 at LikuniLilongwe5D33Road M4 at Silombe-Cholansanu but excluding section in MozambiqueMchinji19D34Road M4 at Chimutu-Zulu-Road M4 at Che YadiMchinji3D35Road M4 at Namazina-Msitu-MavwereMchinji15D36Road M4 at Silombe-Msitu-Road M4Mchinji21D37Road M4 at Che Yadi-Kalumbe-Road M4Mchinji13D38Road M4-Mchekeni MarketMchinji5D39Road M4- MbachunduMchinji11D40Road M4-Chioko-ChiwosyaMchinji18D41Road M4-Ludzi MissionMchinji6D42Road S20 at Mchinji-Road S19 at MatutuMchinji21D43Road D31-Road M4 via Likuni MissionLilongwe10D44Road S19 at Matutu-KalambweMchinji34D45Road S23 at Maonde-Mphati but excluding section in MozambiqueDedza14D46Road M4 at Chileka-Malingunde-Road D22 at MitunduLilongwe53D47Road S21 at Dedza-Mkweza Court-ChikusiDedza29D48Road M1-Ngonoonda- Road D50 near MuaDedza26D49Road S23 at Mwenje-Road D55 at KamemeDedza14D50Road M5 at Chipoka-Mtakataka-Road S22Salima, Dedza, Ntcheu50D51Road S22 at Golomoti-Road D50 at MtakatakaDedza16D52Road S23 at Tete-Road D22 near ChiamDedza32D53Road S27 at Macheneka Mission-Road D45 at KaliosiDedza13D54Road S23 at Tete-Road M1 at NthuluDedza, Lilongwe13D55Road D22 at Katalala-Road D52 near Katewe Court-Road S23 at LobiDedza, Lilongwe14D56Road D59 near Chinku-Road D52Dedza5D57Road D55 at Chidawere- KanyeziDedza5D58Road D59 at Livinza-Kapiriuta-Kafere but excluding sections in MozambiqueDedza42D59Road S23 Lobi-Road D52 near ThemukaDedza11D60Road D21 at Mkhola- KulongweDedza23D61Road D60 at Chauma-KaluluDedza11D62Road S25 at Mpata Milonde- TambalaDedza16D63Road D60 at Mayani-MagangaDedza5D64Road D60 at Mayani- GwengweDedza11D65Road D21-KasinaDedza3D66Road S25 near Kakola-KaphukaDedza3D68Road S25 at Milonde School-Road D47 at MkomekoDedza10D69Road D47 at Mkheza Court-Kanyenda LengweDedza21D70Road D69 at Kumpotola-KapesiDedza3D71Road D48 at Makungwa-Chinko-mbelo- NadzikaleDedza13D72Road D50 at Chabwera-ChinseuDedza10D73Road M1 at Mwalawamkhonde- Kalilombwe-NkhanganyaDedza5D76Road D58 at Mikondo-Lifidzi RiverDedza6D77Road D55 at Chinku- KafotokozaDedza6D78Road D77 at Mchenga-Chafumbwa-MathumbaDedza13D79Road D58 at Njonja- NjatiDedza5D80Road D58 at Mikondo-KambadzaDedza1.6D81Road S22 at Golomoti- NdendingoniDedza19D82Road M1 at Mponela-Road M1 at Bua BridgeDowa42D83Road D82 at Kasese Estate-NgaraDowa5D84Road S30 at Fish Eagle Inn-Kambiri Point-Road S29Salima11D85Road M1 at Madisi-Mpali Estate Road D82Dowa13D86Road S30-Road D84 near AirfieldSalima1.6D87Road D82 near Mponela-Road M10 at MbonokeroDowa, Ntchisi21D89Road D87-KanyangalaDowa6D90Road M1- Pemba-Road M10 at MakanjilaDowa24D91Road M10-Kongwe Mountain-Road S31Dowa16D92Road M10-ChadzaDowa8D93Road S31 at Dowa-Kongwe MissionDowa3D94Road D93-KambiDowa13D95Road M5 at Mvera Mission-Mujere RoadDowa10D96Road S33 near Chitala-Makanjila CourtSalima16D97Road S33 at Chesalino-Kalambe MarketDowa, Salima3D98Road S33-Mpanje-Chikombwe EstateSalima18D99Road S33 at Kaniche-MakiyoniSalima10D100Road S33 at Kaniche- KasacheSalima16D101Road S33 near Chirua Bridge-Mamuona MarketSalima3D102Road S29-Mikuti- Road S29 at Ndala-nkhwandaSalima5D103Road S30 near Maganga-T.A. MagangaSalima3D104Road S16 at Kayembe-KasunthaDowa16D105Road S16 at Chitanga-Road S16 at Chisepo BridgeDowa15D106Road S16-ChisepoDowa3D107Road S16 at Kayembe Cimcira-Road D112 at MlengweDowa5D108Mangochi Town Boundary-M15 near Malikalios FisheriesMangochi14D109MDC Fisheries, Michisi-M15 near NkudziMangochi40D110Road S39 Cape Maclear Road-Road M15 near Monkey BayMangochi3D111Road M1 near Dzoole-Road D112 at MlengweDowa23D112Road M1-Msimbe-Road S16 at MkwindeDowa14D113Road M1-Nkonde Estate-Nauci-Road M1Dowa16D116Road M1 at Mphata- Kansapato-Kasinje-Sospla-Road M15 near Chungwe HillNtcheu, Mangochi124D117Road S37 at Bilila- Banda-Katema Road M3 at MangochiNtcheu, Mangochi89D118Road D1 16 at Mphepozinai- GowaNtcheu11D119Road D116 at Kasapato-Road S37Ntcheu21D122Road D116 at Bonongwe- Mitongwe-Road M17Ntcheu10D123Road M1 at Biriwiri-Billiate-Ngoche-Neno Road M2Ntcheu, Mwanza151D124Road M6 at Manjawila Road D123 at BilliateNtcheu40D125Road M6 at Senzani Road D124 at MataleNtcheu11D126Road M1 at Bemvu-Road D124 at MataleNtcheu19D127Road E16 at Ntcheu-Mpira SchoolNtcheu5D129Road M9 at Mkanga-Sankulani Road M9Nsanje29D130Road M8 MbeuNsanje21D131Road M8 at Nsanje-NyamadzereNsanje5D132Road M8 at Marka-Lulwe- MissionNsanje14D133Road M8 at Sorjin-MbenjeNsanje6D134Road E19 at Chikwawa-Chapananga- Mozambique BorderChikwawa87D135Road E19 at Chikwawa-Livingstone FallsChikwawa24D136Road M8 at Ngabu-NchaloChikwawa24D137Road M8-Road D135 at NtchaloChikwawa3D138Road M8- SandeChikwawa6D139Road M8 at Goma-Road D136 at NsomoChikwawa6D140Road M8 at Lundu- Therere-Road M8 at GomaChikwawa55D141Road D134-MosesChikwawa3D142Road M8 at Nkhwangwa-Dolo-Road M8 at ThudzuChikwawa24D143Road M8-MasseahChikwawa3D144Road S40 at Phalombe-KalindeMulanje23D145Road S40-Road M7 (Mlomba Road)Mulanje43D147Road M1 at Malosa Customs Post-Ndala-Mkhulambe-Road D114 at KambonaMulanje50D148Road M1 at Chinakanaka-ChinyamaMulanje26D150Road M1 near Kafukele-NjuyuMzimba10D151Road M1 near Hora-EmoneniMzimba1.6D152Road S44-BulukutuMzimba5D153Road M1-Luwawa DamMzimba8D154Road M1-HohoMzimba6D155Road M1-Katete MissionMzimba1.6D156Road M1- EkhohloMzimba5D157Road D269-KapopoMzimba6D158Road M1-EhlehleniMzimba8D159Road M13- EmchakachakeniMzimba6D160Road E6 at Mzimba-Chimutu Hara Road S49 near MbawaMzimba42D164Road S47 at Mabulabo-ChiwandaukaMzimba11D165Road M13 Road S49 (Mbawa access)Mzimba2D166Road S49-Malidade Jere-Road S49 at KazuniMzimba39D167Road M1 at Champira-Kamando Road S47 at MabulaboMzimba58D168Road S49-Mzambazi Mission-Road S66Mzimba3D169Road S49-Tom MakwakwaMzimba6D170Road M1-MzalangweMzimba5D172Road S52-ZombweMzimba3D173Road M14 at Lazaro Jere-Road M1 near John MzumaraMzimba24D174Road M13-Road S49 at EdingeniMzimba26D175Road M12 at Timbiri-Luweya River(Kavuzi River Road)Nkhata Bay29D177Road D175 at Chinyakula-Road B1 at Chombe Tea EstateNkhata Bay13D178Road M1- SemlembaKasungu29D179Road M1-Kaluluma-Road S47Kasungu3D180Road M1 near Msusu River- Kachinda-Road D190 at Kamtuwale ManzeKasungu31D181Road D178-OffesiKasungu10D182Road S54- Road D183 at ChamamaKasungu34D183Road S54 near Bua Drift-Chamama-KapelulaKasungu, Ntchisi35D184Road S54-Kadifula-Bua River at ChobweKasungu13D185Road M1 at Mayani-Road S19 at LisandwaKasungu16D187Road M1 at Kasungu-Lifupa Game CampKasungu53D188Road D187 at Linga- MthunduwalaKasungu53D189Road M1 at Katema-KaphaiziKasungu13D190Road M1 at Mphowa-Chulu- Dwangwa RiverKasungu31D191Road M1-Kanyinji-Road D180Kasungu26D192Road M1 at Bwanali-Road S54 near ChipasoKasungu10D193Road S19 at Katondo Estate-Bua DriftKasungu6D194Road S19 at Lisandwa-Road D188 at ChangaluwaKasungu23D197Road S54 at Malomo-MaluzaNtchisi14D199Road D290 at Ngambe-Road D197 at MalamboNtchisi32D200Road S54-Malomo-Road M10 at KatalaoNtchisi14D201Road D87-Road D290 at ChipokosaNtchisi8D203Road S53-Kaombe RiverNkhotakota5D205Road M10 near Onze-ChanikaNkhotakota8D206Road S33-Benga-S33 (Loop Road)Nkhotakota6D207Road S53-Likowa RiverNkhotakota19D208Road S53-SaniNkhotakota5D209Road M10 at Ntchisi-Nthondo, near BengaNtchisi18D210Road M10 at Mbonekera-Chimbundu-Tanga-Road S33Nkhotakota, Ntchisi43D211Road D210 at Ntchisi-ZambaraNtchisi13D212Road D210 near Chimbundu-Mwansa-mbo-Road D210 near TangaNtchisi, Nkhotakota16D214Road D210 at Chitembwe- MzanduNtchisi13D215Road S33-Mwadzama-Road D206 at BengaNkhotakota13D217Road M1 at Liwawadzi-PhimbiMachinga34D218Road S56-Mpita-MposaMachinga21D219Road D218- LingoniMachinga1.6D220Road S56 at Mselema-Road D223 near Mpiri MissionMachinga8D221Road M1 at Liwonde-Road S56 near MlombaMachinga24D222Road S56 at Ntaja-KawingaMachinga6D223Road S56 at Nyenje-ChiutaMachinga34D224Road M3 at Ulongwe-ChiyakaMachinga8D225Road S56 at Mselema-NyambiMachinga11D226Road S56 at Mbela-Chilipa-Road D117Machinga, Mangochi31D227Road M3 at Stephen-BarMangochi6D228Road S58 at Lungwena River-Maka- njiraMangochi69D229Road M3 at Kilembe-Liponda Estate Road D232Mangochi14D230Road M3 at Mbalula-Malombe Court Road S56Mangochi, Machinga72D231Road D116 at Malembo Mission-Road S39Mangochi23D232Road M3 at Namwera-KatuliMangochi27D234Road M2 at Chileka-Kombwe- Michiru Estate-Blantyre City BoundaryBlantyre26D235Blantyre City Boundary-Mitsidi MissionBlantyre3D236Road M1 at Mtawira-Road M2 at Blantyre City BoundaryBlantyre13D237Salisbury/Blantyre Road through Mozambique-Thambani but excluding section in MozambiqueMwanza3D238Road M6 north of Matope-SimonMwanza19D239Road M2 at Humbole- Beacon 33 on Mozambique Border-Road D123 at Beacon 28 but excluding section in MozambiqueMwanza48D240Road M6 at Lirangwe-Road S73 near NamadidiBlantyre, Zomba50D241Road M1 at Bvumbwe-ChawiThyolo10D242Road D244 at about 3 kilometres from Mwanayamula-north-west to railway crossingZomba3D243Road S59 at Sambadzukulu-Muone-kera- MikolongweThyolo18D244Road D240 near Mwanayamula-PhimbeZomba18D245Road D243 near Sambadzukulu-Road M1 near LuchenzaThyolo11D246Road S61-Railway line near Makapwa MissionThyolo10D247Road M1-Bvumbwe CourtThyolo8D248Road M1 at Thunga-Amalika Forestry StationThyolo6D249Road M7-Road S62 at MombeziChiradzulu19D250Road M7 near Thuchila Agricultural Station-Thuchila CourtChiradzulu8D251Road S62-NdundeChiradzulu6D252Road M1-Domasi MissionZomba10D253Road M1-Domasi-Road M1Zomba5D254Road D253 at Domasi- MtwiceZomba3D255Road M8 at Bangula-Chikao-Nsanje(former M8)Nsanje45D256Road M1-Amika- Road S73Zomba8D257Road M1-Namiwawa-Road S41Zomba14D258Road S41-MikuyuZomba5D259Road S41-KimuZomba6D260Road D240 near Ndawali-Road D244 near, and North of, MasaulaZomba13D261Road S69-KhandaZomba8D262Road S41-Mayaka-Road D277Zomba24D264Road D240-Chinkwezule-NamitamboZomba, Machinga24D265Road D240-NankhundaZomba1.6D266Road B2 at Naminkhwenya-Chinga-dzi-MikolongweThyolo18D267Road M1 near Bvumbwe-Road D266Thyolo6D268Road M1 near Luchenza-Road S60 at ChimomboThyolo11D269Road S49-Chafisi-Road M13 on Zambian Border at MqocaMzimba35D270Road S2 at Mwenitete-NgerengeKaronga3D271Road D238-Lisungwe Bridge-Road D123 near KundemboMwanza48D272Road M1 near Suza- GogodiKasungu10D273Road M1-KakwareKasungu5D274Road S47 at Chisemphere-Road D178Kasungu8D275Road S19-SantheKasungu5D276Road S29-Bibi KuluundaSalima19D277Road M1 at Thondwe-Road S42 at NasawaZomba16D281Road M2 at Mwanza-ThambaniMwanza26D282Road M1- Road D82 at NyongoDowa14D283Road S49, 6.5 kilometres North of Kamteteka-Road D160 near Mphonda SchoolMzimba39D284Road M1 near Chitedze-Road D31 near MalingundeLilongwe34D285Road S16 at Mbabzi-LingadziLilongwe5D286Road M1 at Ntcheu-Chiole MissionNtcheu5D287Road M2-Road D239Mwanza8D288Road S19 at Chipumi-KaluluMchinji6D290Road D82 near Mponela-Road M10 at MbonekeraDowa27D291Road D116 at Sosola-Road D117 near ChilipaMangochi45D292Salima-Domira BaySalima19D293Road S85 at Cholozi-Road D294 at ZidawiroRumphi10D294Road S85 at Bolero Court-Road D295 at ChakomaRumphi8D295Road S85 at Chikulamasinda-Road D294 at BangulaRumphi14D296Road M1-ChirimbaKaronga5D297Road M8- Mpamba SchoolBlantyre5D298Road M7-Namitambo CourtChiradzulu8D299Road D249 at Tawani- NakuwaChiradzulu19D300Road M1-ChiteraChiradzulu5D301Road M1 at Njuli-Road S62 at ThomasiChiradzulu6D302Road D160 near Manyamula School-Road S49 near EngalaweniMzimba11D303Road D229-NsondoliMangochi47D304Road M4-Sinde-Road D36Mchinji17D305Road M4-Tembwe-Masungwa-Chilinga-Road D38Mchinji16D306Road D44- MukundiMchinji7 PART IV

Branch Roads Serial No.ParticularsHighway AuthorityDistrictApproximate length (kilometres)B1Road S53 at Limphasa-Chombe Tea EstateBrokers (Malawi) LimitedNkhata Bay5B2Road M1 at Thunga-Road S59 at Miss Glover’s Turn offChiefs Roads ControllerThyolo13B3Road M9 near Chinzama Stores-Zoa Estate- SandamaZoa Tea Estate LimitedThyolo21B4Road S73 at Maw’s building-Portland Company boundary at ChangalumeChief Roads ControllerZomba3.4B5Road S45 at Choma turn-off-Malawi Army field rangeChiefs Roads ControllerNkhata Bay34B6Road M15-Mtumbuka Fisheries (Malachias Brothers)Chief Roads ControllerMangochi1B7Road M15-Fisheries Research Laboratory and Nielsen Brothers (Yiannakis)Chief Roads ControllerMangochi1.6B8Road B10-Yiannakis FisheriesChief Roads ControllerMangochi1B9Blantyre City Boundary-MatenjeChief Roads ControllerBlantyre1.6B10Road M15-Palm BeachChief Roads ControllerMangochi3B11Road M1-Lilongwe City Boundary (Malvern Road extension)Chief Roads ControllerLilongwe3B13Road M12 near Mbowe-MazambaDepartment of ForestryNkhata Bay29B14Road M2-Mwanza HotelChief Roads ControllerMwanza1.6B15Road D248 near Thunga-Chisunga Estate BoundaryCentral Africa Company LimitedThyolo8B16Road M8-Phocera (ADMARC)Chief Roads ControllerNsanje0.6B17Road M8-NtondeChief Roads ControllerNsanje1.2B18Road M8-TenganiChief Roads ControllerNsanje3B19Road M8-TenganiChief Roads ControllerNsanje2.2B20Road M8-Nyamula SchoolChief Roads ControllerNsanje0.8B21Road M8- LunduChief Roads ControllerNsanje0.6

PART V

Estate Roads Serial No.ParticularsDistrictApproximate length (kilometres)E1Karonga Settlement AreaKaronga11E2Rumphi Settlement AreaRumphi8E3Mchinji Settlement AreaMchinji8E4Dedza TownshipDedza6E5Mulanje Settlement AreaMulanje3E6Mzimba Settlement AreaMzimba5E7Mzuzu MunicipalityMzimba23E8Nkhata Bay Settlement AreaNkhata Bay5E9Kasungu TownshipKasungu2E10Nkhotakota Settlement AreaNkhotakota3E11Ntchisi Settlement AreaNtchisi2E12Mangochi TownshipMangochi6E13Thyolo Settlement AreaThyolo2E14Dowa Settlement AreaDowa6E15Mponela Settlement AreaDowa2E16Ntcheu Settlement AreaNtcheu3E17Nsanje Settlement AreaNsanje2E18Chiromo Settlement AreaNsanje2E19Chikwawa Settlement AreaChikwawa3E20Machinga Settlement AreaMachinga2E21Chiradzulu Settlement AreaChiradzulu2E22Ndirande Settlement AreaBlantyre Urban3E23Lojwa Settlement AreaKasungu2E24Madisi Settlement AreaKasungu2E25Chipoka Settlement AreaSalima2E26Ekwendeni Settlement AreaMzimba1

PUBLIC ROADS (ACCESS) REGULATIONS under s. 12

G.N. 297/1965

1. Citation

These Regulations may be cited as the Public Roads (Access) Regulations. 2. Construction of point of access

(1) No point of access to a main or secondary road may be constructed or made without the prior consent in writing of the Chief Roads Controller.

(2) Application for such consent shall be made in such form and manner as may from time to time be prescribed by the Chief Roads Controller.

(3) In granting any consent the Chief Roads Controller may impose such conditions or requirements as to the location and design of a point of access as he may think fit, having regard to the safety and convenience of the users of the main or secondary road to which the proposed access point will be constructed or made.

3. Closing of point of access

The Chief Roads Controller may for the safety or convenience of traffic close any existing point of access to a main or secondary road.

4. Provision of service road

(1) The Chief Roads Controller may at any time require the owner of any building or property to provide a service road to an approved point of access in such manner and in accordance with such scheme as the Chief Roads Controller may decide.

(2) Any such scheme may contain a provision that the cost of the scheme shall be borne by the owners of any buildings or property to which the point gives access in such proportions as the Chief Roads Controller may decide.

5. Appeal

(1) A person aggrieved by any decision of the Chief Roads Controller made under these Regulations may appeal to the Minister by lodging with the Minister written grounds of appeal within 30 days of the notification of such decision to such person.

(2) The Minister shall make such enquiry into the grounds of the appeal as he may think fit.

(3) The Minister may refuse the appeal, or allow the appeal with or without such conditions or requirements or directions to the Chief Roads Controller as he may think fit.

(4) The Minister’s decision made upon the appeal shall be final and binding and no further right of appeal shall lie.

6. Offences

Any person contravening any of the provisions of these Regulations or of any conditions or requirements made thereunder shall be guilty of an offence. 7. Damage

(1) If any person constructs or makes a point of access to a main or secondary road without the consent required by these Regulations or in contravention of any conditions or requirements imposed by virtue of these Regulations, the Chief Roads Controller may by notice in writing direct such person to make good any damage caused thereby to the main or secondary road or road reserve.

(2) If any person fails to comply with a direction given under the preceding subregulation the Chief Roads Controller may cause to be made good any damage to the main or secondary road or road reserve.

(3) The cost of making good any such damage may be recovered by the Chief Roads Controller as a civil debt from the person failing to comply with the notice.

RESERVATION OF LAND under s. 25

G.N. 129/1964(N)

268/1970

41/1982

The Minister has reserved a strip of land 200 feet (60.96 metres) wide along the course of the following road realignments of the Zomba-Limbe road.

A list of the properties affected by the reservation is set out in the Schedule hereto.

Drawing Nos. 220/3, 4, 5, 6, 7, 8 and 10 showing the reserved strip of land may be inspected at the following offices: Chief Roads Controller, Ministry of Works and Supplies, Private Bag 316, Lilongwe 3.

SCHEDULE

PropertyOwner or OccupierRealignment No. 2, “Betty’s Bar”, Dwg. Nos. 3 and 4Customary Land, Chief Chikowi and Chief MlumbeRealignment No. 3, Naiwale, Dwg. No. 5Major J. D. N. C. Henderson, Mpalanganga Estate, ThondweRealignment No. 4, Makoka, Dwg. No. 6Mr. John Foot, Triamba Farm, Private Bag 209A, Salisbury

Mr. Costas Theologas, P.O. NamadziRealignment No. 5, Ntonda, Dwg. Nos. 7 and 8Public LandRealignment No. 6, Njuli, Dwg. No. 10Mrs. M. M. Sibbald, P.O. Thondwe

Rev. J. D. Sangaya and Mr.D. D. Mkwaila, P.O. Box 413,Blantyre

PUBLIC ROADS (REGULATION OF BICYCLE TRAFFIC) RULES under s. 9 G.N. 32/1939

195/1961

1. Citation

These Rules may be cited as the Public Roads (Regulation of Bicycle Traffic) Rules.

2. Prohibition of bicycles on public roads

It shall be lawful for the Chief Roads Controller in the interests of public safety to prohibit by notification in the Gazette the riding of bicycles upon any specified section of a public road, such section being defined by notice-boards erected by the roadside at either end thereof.

3. Penalty

Any person riding a bicycle between notice-boards so erected shall be liable to a fine of one Kwacha and, in default of payment, to imprisonment for fourteen days:

Provided that it shall not be a contravention of this rule to propel with the hands an unmounted bicycle upon any section of a public road to which it is applied.