CHAPTER 167
HIGHWAYS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Application of the Act.

PART II
ROAD BOARDS AND ROAD AUTHORITIES

   4.   Central Road Board.

   5.   Functions of Central Road Board.

   6.   Establishment of Regional Road Boards.

   7.   Functions of Regional Road Boards.

   8.   Responsibility for highways.

   9.   Appointment of road authority to be gazetted.

PART III
THE DECLARATION OF HIGHWAYS

   10.   Declaration of existing roads to be highways.

   11.   Minister may declare new public highways.

   12.   Public highways vested in Minister.

   13.   Classification of highways.

   14.   Plans of highways.

   15.   Proposed new highways.

   16.   Appropriation of land for purposes of this Act.

PART IV
ROADS OF ACCESS

   17.   Power to make application to construct road of access.

   18.   Notice to be served on holder of land to be affected.

   19.   Power to grant permit to construct road of access.

   20.   Right of way and liability over road of access.

   21.   Power to cancel or alter road of access.

   22.   Prohibition of classes of traffic.

   23.   Appeals.

PART V
EXECUTION OF WORKS

   24.   Power to enter and survey.

   25.   Power of road authority to take stone and materials.

   26.   Road authority to give notice.

   27.   Compensation.

   28.   Power to cut and remove trees.

   29.   Power of road authority to make and keep open ditches.

   30.   Power of road authority to place stones on public highway.

   31.   Removal of obstruction or encroachments.

   32.   Preventing soil from being washed into highways.

   33.   Owner of adjoining land to have bridge over drain beside highway.

   34.   Where the erection of temporary premises allowed.

   35.   Closing new public highway for certain time after construction.

   36.   Power to make special highway.

PART VI
THE USE OF HIGHWAYS

   37.   Destroying milestones or bridges.

   38.   Damage to public highways.

   39.   Obstruction of highway.

   40.   Nuisance on a highway.

   41.   Restriction on placing rails or beams over public highway.

   42.   Stretching of rope or wire across public highway.

   43.   Power to temporarily close highway or to restrict traffic.

   44.   Power to limit weight and speed on part of highway.

   45.   Prevention of obstruction to view at corners.

PART VII
LEGAL PROCEEDINGS AND RULES

   46.   Recovery of cost of damage to highway.

   47.   Power of road authority to recover expenses of extraordinary traffic.

   48.   Government and road authority not liable.

   49.   Preservation of powers of magistrate.

   50.   Obstruction of officers.

   51.   General penalty.

   52.   Rules.

   53.   Forms.

SCHEDULES

CHAPTER 167
THE HIGHWAYS ACT

An Act relating to public highways.

[25th November, 1932]

Ords. Nos.
40 of 1932
44 of 1939
17 of 1942
27 of 1959
Cap. 312
Acts Nos.
40 of 1969
19 of 1992
8 of 1993

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Highways Act.

2.   Interpretation Acts Nos. 40 of 1969 s. 2; 19 of 1992">

   In this Act unless the context otherwise requires–

   "centre of a highway" shall be deemed to be the centre of that part of a highway commonly used by vehicles;

   "Minister" means the Minister for the time being responsible for roads;

   "owner" means the owner or reputed owner or joint lessee, and in the case of joint owners or joint lessees or tenants in common of any land, then any one of such joint owners or lessees or tenants in common, of any land or the attorney or agent of any such owner or lessee in charge of such land; and if no such owner, lessee, attorney or agent is known to be resident in Tanzania, then the person in possession or in occupation of such land;

   "public highway" or "highway" means any road specified in the First Schedule to this Act and any road which may be declared by the Minister under sections 10 and 11 of this Act to be a public highway up to and including pathways on either side of a highway and all drains, ditches, embankments and bridges belonging or appertaining to a highway, and includes all land which has been marked and reserved for the construction of any road; and all public squares, greens and open spaces and such waste land which, not being private property, lies within a distance of thirty-three feet or such other distance as the Minister may determine from the centre of any public highway, the burden of proving that such waste land is private property lying on the person asserting the same;

   "road" means every way over which the public has a right of way and includes a bridge or culvert.

   "road authority" or "authority" means the person, board or authority entrusted with the duty of constructing, altering, maintaining and supervising highways in pursuance of sections 8 and 9 of this Act.

3.   Application of the Act Act No. 40 of 1969 s. 2">

   This Act shall apply to the whole of Mainland Tanzania, but it shall be lawful for the Minister by notice in the Gazette to exempt from the operation of this Act or of such sections as the Minister may specify, any area or any specified highway in any area, which is under the control of or is vested in any local authority.

PART II
ROAD BOARDS AND ROAD AUTHORITIES (ss 4-9)

4.   Central Road Board Act No. 40 of 1969 s. 4">

   The Minister may, by order published in the Gazette, establish a Central Road Board and provide in any such order or any subsequent order for the composition and proceedings of the Central Road Board.

5.   Functions of Central Road Board Act No. 40 of 1969 ss. 2 and 5">

   The Central Road Board shall advise the Minister on all such matters relating to the construction, width and maintenance of highways and the acquisition of land for highways, as may be referred to it by the Minister or by any road authority.

6.   Establishment of Regional Road Boards Act No. 40 of 1969 s. 6">

   (1) The Minister may establish for any region a Regional Road Board.

   (2) The provisions of the Third Schedule to this Act shall have effect with respect to the constitution and proceedings of every Regional Road Board established under subsection (1).

7.   Functions of Regional Road Boards Act No. 40 of 1969 s. 6">

   The functions of every Regional Board shall be to advise and make Road recommendations to the Minister in respect of the construction, improvement, alteration, reconstruction, maintenance and supervision of highways, ferries and aerodromes within the region for which the Regional Road Board has been established, other than the highways within the area of jurisdiction of any urban authority established under the Local Government (Urban Authorities) Act *.

8.   Responsibility for highways Act No. 40 of 1969 s. 2">

   The Minister shall at his discretion apportion duties of constructing, altering, maintaining and supervising the highways of Mainland Tanzania between any administrative officers and any board or authority having jurisdiction under any law for the time being in force and the person, board or authority to which such duty is assigned in pursuance of this section, shall be a road authority for the purposes of this Act and shall carry out such duties subject to the control and direction of the Minister.

9.   Appointment of road authority to be gazetted Act No. 40 of 1969 s. 2">

   (1) The Minister shall give notice in the Gazette of the appointment of every road authority and shall specify the area or the highways over which such authority shall exercise jurisdiction.

   (2) In the absence of any appointment under the provisions of subsection (1), the administrative officer in charge of a district shall be the road authority for all highways situated in the district.

   (3) It shall be lawful for the Minister to assign or delegate by notice in the Gazette, all or any of the powers and duties conferred upon the Minister as a road authority, to any public officer in any area or in respect of any specified highway.

   (4) In any case where the Minister has assigned or has delegated any of the duties referred to in section 8 or under this section to any person, board or authority, the exercise by such person, board or authority, of any of the powers or duties conferred upon road authorities by this Act, shall not be invalidated solely by reason of the fact that no notice was published in the Gazette, that the powers and duties of a road authority had been conferred upon or delegated to such person, board or authority.

PART III
THE DECLARATION OF HIGHWAYS (ss 10-16)

10.   Declaration of existing roads to be highways

   (1) All the roads described in the First Schedule to this Act are hereby declared to be public highways for the purposes of this Act and from time to time, the Minister may declare by order published in the Gazette any cartway, pathway, bridle track or other road to be a public highway and every such cartway, pathway, bridle track or other road shall, from the time specified in such declaration, be deemed to be a public highway.

   (2) The Minister may, from time to time by order in the Gazette, re-publish the First Schedule to this Act with such amendments as shall be necessary to incorporate all declarations, closures, diversions, turnings, substitutions, widening and enlarging of public highways declared under subsection (1) of this section and under section 11, and all classifications or variations of classifications of public highway declared under subsection (2) of section 13, made up to the date of the order, and upon such re-publication, the First Schedule as contained in this Act shall be deemed to have been replaced by the First Schedule as so amended.

11.   Minister may declare new public highways Act No. 40 of 1969 s. 2">

   Upon application by a road authority, the Minister may, by notice published in the Gazette, order that any new highway shall be opened and may in such notice declare that highway to be a public highway for the purposes of this Act; and upon application by a road authority, the Minister may order that any existing public highway be permanently closed, diverted or turned and that some other shorter or more convenient course be substituted for any public highway so closed, diverted or turned, as the public advantage may require and may order that any public highway may be widened or enlarged in such manner as the Minister thinks fit, and may take such steps as may be lawful to acquire any land as may be required for any of the purposes mentioned.

12.   Public highways vested in Minister

   It is hereby declared that all public highways in Mainland Tanzania and the whole subsoil of all such highways are vested absolutely in the Minister.

13.   Classification of highways

   (1) The Minister may by order classify public highways in any manner he shall deem fit for the purposes of this Act and may define the boundaries, and the incidents appertaining to the class of, highway.

   (2) The Minister may declare by notice in the Gazette, any highway to be of any class and may remove any highway from any class or declare that it be added to or transferred from any class.

   (3) The public highways specified in the First Schedule shall be of the classes set out in such Schedule and the classification shown in that Schedule shall be deemed to have been made by the Minister under the powers conferred by subsection (2) of this section.

14.   Plans of highways Act No. 40 of 1969 s. 7">

   The Minister shall cause a plan or survey to be prepared of all public highways specified in the First Schedule to this Act, and from time to time shall cause any road declared to be a public highway under the provisions of this Act and any deviation or alteration made in any existing public highway, to be added to the plan or survey and such plan or survey shall be authenticated by the signature of a Government surveyor or other public officer authorised by the Minister.

15.   Proposed new highways Act No. 40 of 1969 s. 8">

   Whenever it appears to the Minister that it is desirable in the public interest to construct a new highway or to widen, deviate or realign an existing highway or to declare an existing road or road of access as a highway under this Act, the Minister may publish a notice showing the situation and other particulars of the line proposed to be followed, and of its proposed width.

16.   Appropriation of land for purposes of this Act Act No. 27 of 1959 Sch.">

   (1) If it shall become necessary to acquire the land of any person for the purposes of this Act, the Land Officer may, subject to the provisions of any enactment for the time being in force relating to the tenure of land, make an agreement with the owner for compensation to be made for such land and for any building, tree, fence or cultivation on such land and if the Land Officer cannot agree with such owner as to the compensation to be made or if the owner cannot be found, proceedings may be taken for acquiring such land and for compensating the owner in the manner provided by the Land Acquisition Act *.

   (2) Upon the Minister making an order, other than an order for closure under section 11 in respect of any lands with regard to which the Land officer has made an agreement with the owner for the payment of compensation under subsection (1) of this section, such lands shall, immediately and without any further assurance, vest in the Minister.

PART IV
ROADS OF ACCESS (ss 17-23)

17   Power to make application to construct road of access Act No. 40 of 1969 s. 9">

   Where any owner of land is, in respect of land so situated in relation to a public highway which is passable for vehicular traffic or to a railway station or halt, that the owner does not have reasonable access to such land the owner may make an application to the road authority for a permit to construct a road to be called a "road of access" over any land lying between such land and such public highway or railway station or halt and such application shall be accompanied by a sketch or plan and shall be in the Form A set out in the Second Schedule to this Act:

   Provided that if the applicant is unable to make the sketch or plan without entering upon the land over which he proposes that the road of access is to pass, the applicant may apply to the road authority for a permit to enter upon the land for the purpose of making the sketch or plan and the road authority may make an order entitling the applicant to enter on such land, and such order shall be binding on all interested parties.

18.   Notice to be served on holder of land to be affected Act No. 40 of 1969 s. 10">

   Upon the receipt of an application for a permit to construct a road of access, the road authority shall cause notice to be given by personal service or registered post to the owner of the land over which the proposed road of access is to pass, calling upon the owner to show cause within one month why the application for the proposed road of access should not be granted.

19.   Power to grant permit to construct road of access Act No. 40 of 1969 s. 11">

   (1) The road authority shall, after giving notice, fix a day for the hearing of the application to construct a road of access and after hearing the applicant or his representative and any other party who might be affected may issue a permit in the Form B set out in the Second Schedule, authorising the applicant, his servants or agents a permit to enter upon the land and to construct such road of access which shall be of such width as the road authority may decide, subject to such conditions and to the payment of such compensation in respect of any growing crops or permanent improvements damaged or destroyed by the construction of such road of access, as the road authority shall see fit to impose.

   (2) The road authority shall have power to determine by whom the costs of any such application under this Act shall be borne and to fix the amount.

20.   Right of way and liability over road of access Act No. 40 of 1969 s. 12">

   (1) When the road of access has been constructed, the applicant, which term shall for the purposes of this section include his successors in title and any other person lawfully going to or from the applicant's land shall have a right at all times to use the road of access:

   Provided that no such user shall establish a prescriptive right of way over such road of access.

   (2) The road authority may at its discretion require a road of access to be fenced should it pass through an already existing fenced enclosure and the road authority shall apportion the cost of such fencing between the parties interested.

   (3) The applicant shall at all times maintain the said road of access in a good and efficient state of repair to the satisfaction of the road authority having jurisdiction in the area in which the road of access is situated and, for the purpose of such maintenance, the applicant, his servants or his agents shall have the right to enter at all times upon the road of access:

   Provided that as little damage or inconvenience as possible shall be caused by such entry to the owner or occupier of the land over which the road of access passes, and that such right of entry shall be subject to such conditions as the road authority may impose in granting the permit for constructing the road of access:

   Provided further that if any owner of land over which such road of access passes shall use such road of access, that owner shall pay a proportionate share towards the maintenance of that portion of the road used by the owner and, the proportionate share to be paid shall be fixed by the road authority with due regard both to the extent of road used and the nature and amount of traffic likely to pass over the road of access.

21.   Power to cancel or alter a road of access Act No. 40 of 1969 s. 12">

   It shall be competent for a road authority for sufficient cause, to order the cancellation or alteration of the alignment of access, after notice road of has been given to any person who might be affected by such order and any objection shall be heard as nearly as circumstances admit, in the manner prescribed by sections 18 and 19 which relate to original applications for a permit to construct a road of access.

22.   Prohibition of classes of traffic

   When it appears to a road authority that the prohibition of any particular class of traffic on a road of access is desirable in the public interest, the authority may, by notice published in the Gazette, restrict the use of the road to a particular class or classes of traffic only.

23.   Appeals Act No. 40 of 1969 s. 12">

   (1) Any person aggrieved by the decision of the road authority as to the alignment of any road of access or as to the apportionment or amount of the cost of maintenance of roads of access or as to any compensation payable upon the construction, alteration or realignment of a road of access, may appeal to a court of the resident magistrate within whose jurisdiction the road of access is situate.

   (2) Every appeal under this section shall be filed within thirty days of the date of such decision.

PART V
EXECUTION OF WORKS (ss 24-36)

24.   Power to enter and survey

   It shall be lawful for a road authority or any of its authorised servants or any government surveyor, at all reasonable times and with all necessary assistance, and upon giving at least seven days notice in writing of the intention to do so, to enter into or upon the land of any owner or any person for the purpose of ascertaining whether it is advisable in the public interest to construct a highway on or over such land, and for that purpose to run trial lines, make surveys and fix any post, stone, mark or object on such land:

   Provided that the road authority and its servants and any such surveyor and assistants shall not enter into or upon any place in the immediate neighbourhood of any dwelling-house without the consent of the owner or occupier.

25.   Power of road authority to take stone and materials

   It shall be lawful for a road authority or any person employed by or under the road authority with all necessary vehicles and other means to enter into or and other means to enter into or upon the land of any person in any place not being in the immediate neighbourhood of any dwelling house, and on, through and over such land, to construct a passageway for such vehicles, and other means and in, upon or from such land, to dig for, quarry, gather take and carry away any stones, sand, earth, gravel or other material, which may be required for the purpose of opening, making or repairing any public highway in the vicinity.

26.   Road authority to give notice

   Where a road authority intends to use the authority vested in it under section 25 the road authority shall give the owner of such land notice in writing at least seven days before entry on to such land.

27.   Compensation

   (1) Where it appears to the road authority that, having regard to the circumstances of any particular case or to local custom, compensation should be paid for any material dug, quarried, gathered, taken and carried away or for the damage done to the land over which the material may be carried, the road authority may enter into an arrangement with the owner of such land for the payment of compensation:

   Provided that the rate of payment for the quarrying, gathering or taking of stone shall not in any case exceed such rates as the Minister may prescribe.

   (2) In the case of any difference between the authority and such owner in respect of the liability to pay compensation or the amount of compensation payable as the result of any act, matter or thing done by the authority under the powers conferred by section 25, such owner may, at any time before the expiration of one month after the decision of the authority has been communicated to the owner, refer the dispute for decision to a district court within whose jurisdiction the land is situate.

28.   Power to cut and remove trees

   A road authority or its authorised servants may at any time enter upon any land adjacent to any public highway for the purpose of removing the whole or any part of any tree which overhangs such highway so as to obstruct or interfere with the light from any public lamp or to endanger or obstruct the passage of vehicles or pedestrians or to obstruct the view of drivers of vehicles or which is growing in a way as to cause damage to such highway or as to interfere with its proper maintenance.

29.   Power of road authority to make and keep open ditches

   A road authority or its authorised servants may make, and keep open, all ditches, gutters, drains or water-courses, and may make and lay such drains, culverts, tunnels or bridges as the road authority shall deem necessary for the draining, ditches reservation, improvement, repair or construction of any public highway, in and through any land or ground adjacent or lying near to such public highway.

30.   Power of road authority to place stones on public highway

   A road authority or its authorised servants may place any stone, gravel, wood or other matter or thing upon any public highway and may allow the same to remain there during the time such public highway is under repair, on and for such time before the repairs are commenced and after the repairs are completed, as may be necessary for facilitating the making of such repairs or for preventing damage to such recently repaired public highway, and shall take due and reasonable precaution for preventing damage or injury to persons, vehicles or animals passing along such public highway.

31.   Removal of obstruction or encroachments

   A road authority may give notice of in writing to any person obstructing or encroaching on any public highway, to remove or abate such obstruction or encroachment and if any person to whom such notice has been given refuses or neglects to comply with the same within a reasonable time or if there be any doubt as to who is the proper person to whom that notice should be given, the authority, after due notification of its intention in that behalf by a notice affixed in a conspicuous manner on or adjacent to the obstruction or encroachment, may cause that obstruction or encroachment to be removed or abated and, for that purpose, the authority or any person authorised in writing by the road authority may enter into any house, garden, enclosure or other premises and may authorise entry by such person with such instruments and things as may be necessary for such removal or abatement and may recover the costs occasioned from the person so offending.

32.   Preventing soil from being washed into highways

   A road authority may give notice to the owner of any land abutting upon any public highway, requiring the owner within twenty-eight days after the service of the notice, to fence off, channel or embark the land in order to prevent soil or refuse from such land from falling upon or being washed or carried into the public highway or into any sewer or gully in such quantities as to obstruct the highway or choke up such sewer or gully and if the owner fails to comply with such notice, the authority may cause the work to be done and may recover the costs incurred from the owner.

33.   Owner of adjoining land to have bridge over drain beside highway

   (1) Where if the owner of any house or premises or any land adjoining any public highway by the side of which a drain has been made, requires the means of access to such house, premises or land from the public highway the owner shall be bound to place over such drain a bridge, platform or culvert which shall be at least four feet in width and so constructed and maintained as not to interfere with the efficiency of such drain.

   (2) It shall be lawful for the road authority, if it comes to knowledge of the authority that any person has access to any house, premises or land situated without a bridge, platform or culvert as provided under subsection (1), to call upon such person to construct the same, and if that person fails to do so within a reasonable time, the road authority may cause the same to be done and recover the costs incurred from that person.

34.   Where the erection of temporary premises allowed

   Nothing contained in this Part shall prevent any public officer duly authorised in that behalf from making temporary use of any part of any public highway for the public service, or prevent the road authority from granting a licence to any person for the erection of a temporary fence or enclosure upon any public highway for the purpose of building, pulling down or repairing a house or any other building or for the erection of temporary decorations and the length and breadth of such fence or enclosure shall be described in the licence and the licensee shall ensure sufficient room for vehicles to pass:

   Provided that the licensee shall immediately after sunset during all the time that the enclosure shall continue, if so required in the licence place and keep a sufficient light upon the premises till sunrise and any person removing or extinguishing such light before sunrise, shall be guilty of an offence.

35.   Closing new public highway for certain time after construction

   A road authority may prohibit all persons from riding or driving any kind of animal or vehicle on any public highway for such period of time as the road authority considers necessary, not exceeding one month after the construction of such highway and any person who wilfully disobeys the prohibition, after the prohibition has been duly notified by a notice affixed to a board erected upon or near to such public highway, shall be guilty of an offence.

36.   Power to make special highway

   (1) It shall be lawful for a road authority to construct or maintain a public highway or part of a public highway restricted to the exclusive use of any specified class of traffic or to traffic moving in one direction only or to construct and maintain adjacent to any public highway, a track or passage which, for the purposes of this Act, shall also be deemed to be a public highway for the exclusive use of pedestrians or for use by ridden or driven animals.

   (2) In the exercise of the powers conferred by this section, a road authority may give an order prohibiting the use of any public highway by any class of traffic, and otherwise regulating or restricting the manner in which any public highway or part of a public highway is to be used, and shall give notice of such order by the erection of traffic signs or in such other manner as, in the circumstances, may be reasonable.

   (3) The construction or maintenance of any public highway, track or passage specially prepared or intended for exclusive or restricted use, may in itself be deemed sufficient notice to the public of the order of the road authority as to the use of such public highway, track or passage and whether sufficient notice has been given for the purpose of this section, is a question of fact.

   (4) Any person who fails to comply with any order made by a road authority under subsection (2) or who uses a public highway in contravention of any such order without the permission of the authority, or without reasonable excuse, the proof of which shall lie upon such person, shall be guilty of an offence.

PART VI
THE USE OF HIGHWAYS (ss 37-45)

37.   Destroying milestones or bridges

   Any person who without proper authority–

   (a)   destroys, pulls up, defaces, breaks or damages any milestone, lamp-post, direction post, bridge, arch, wall, dam, drain, sluice, lock or embankment, abutment, mound, prop, post, lamp, railing, chain or fence, belonging to any public highway or erected at or near any pit opened or used for getting road material;

   (b)   removes any fence, post, stone, log or other thing laid or erected by the authority of a road authority, on or in any public highway for the temporary prevention of the use of the public highway or for preventing danger or injury to persons passing along the same whilst undergoing repair;

   (c)   gathers or heaps up or takes away any stones, gravel, sand or dirt or soil or other material from any public highway;

   (d)   makes or causes to be made any dam, ditch, drain or water-course upon or across, or otherwise breaks up or damages the surface of, any public highway;

   (e)   constructs any house or other building so as to project over or encroach upon any public highway, shall be guilty of an offence.

38.   Damage to public highways

   Any person who–

   (a)   leads or drives any animal from, on, off or into any public highway, in such manner as to cause damage to the public highway or suffers any animal to damage the public highway;

   (b)   obstructs or causes to be obstructed the passage of water from a public highway or from any ditch or drain leading from the public highway;

   (c)   being the owner or occupier of any land adjacent or contiguous to a public highway, permits any water, filth or other matter or thing to flow from such land into or upon the public highway or suffers any accumulation of dirt or rubbish from or off such land to impede the flow of the water in any ditch or drain on such public highway;

   (d)   hauls or draws upon any public highway any timber, stone or any other thing otherwise than upon a wheeled vehicle or suffers any timber, stone or any other thing to be carried wholly or in part upon a wheeled vehicle to drag or trail upon or to damage such public highway; or

   (e)   digs up, removes or alters in any way the soil or surface of a highway or of any land reserved at the side of the highway or if done for the purpose of moving a vehicle, without immediately making good the damage,

shall be guilty of an offence.

39.   Obstruction of highway Ord. No. 27 of 1959 Sch.">

   (1) Any person who–

   (a)   turns loose or permits to be turned loose any animal upon any public highway;

   (b)   tethers or causes to be tethered any animal in, upon or near a public highway so that any such animal causes obstruction or inconvenience to the passersby, unless such animal is so tethered during the time required for loading or unloading of the animal on or from, any vehicle;

   (c)   slaughters on any public highway any animal except such as may have met with an accident, or for public safety or other reasonable cause, ought to be killed on the spot;

   (d)   places or throws any stones, bricks, sand, lime, dung, straw, rubbish or scourings of any ditch or drain, or other object or thing on or in any public highway, and, allows the same to remain there except for such a period as shall be absolutely necessary for the removal of the same;

   (e)   encroaches on any public highway by making or causing to be made on a public highway without proper authority, any building, platform, hedge, ditch or fence or other obstruction;

   (f)   having blocked or stopped any vehicle, causes or suffers to be or to remain on any public highway, a stone, timber or any other thing with which such vehicle has been blocked or stopped;

   (g)   in any manner, wilfully prevents any person or any vehicle from passing along any public highway;

   (h)   obstructs the free passage on a public highway by exposing goods or merchandise of any description; or

   (i)   in any other manner obstructs the safe or convenient passage along a public highway,

shall be guilty of an offence:

   Provided that nothing contained in this section shall render any officer or employee of a road authority in charge of any work on any public highway or any contractor under a contract to a road authority, liable for for any act done by such officer or employee in the course of the duties of his office or done by such contractor in the necessary execution or performance of his contract, unless such officer, employee or contractor lays or causes to be laid any heap of stones, gravel, rubbish or other matter upon any public highway and allows the same to remain there at night to the danger or injury of any person, vehicle or animal passing on the highway, without taking due and reasonable precaution to prevent any such danger, injury or damage.

   (2) For the purposes of paragraph (i) of subsection (1) any projection erected or placed against or in front of any house or building which by reason of its being insecurely fixed or of defective construction or otherwise is a source of danger to persons lawfully using a public highway shall be deemed to be an obstruction to the safe or convenient passage along a public highway.

40.   Nuisance on a highway

   Any person who, on a public highway–

   (a)   plays any game to the annoyance or danger of persons using the highway;

   (b)   pitches any tent, booth or stall without the permission of the road authority;

   (c)   outspans any animal in such a manner as to cause danger or inconvenience to traffic; or

   (d)   makes any fire without the permission of the road authority,

shall be guilty of an offence.

41.   Restriction on placing rails or beams over public highway

   (1) It shall not be lawful for any person to fix or place any overhead rail, beam, pipe, cable, wire or other similar apparatus over, along or across any public highway without the consent of the road authority in writing and the consent may contain such reasonable terms and conditions as the road authority thinks fit.

   (2) Any person acting in contravention of the provisions of subsection (1) or of the terms and conditions of the consent given under that subsection shall be guilty of an offence and upon conviction may be ordered to remove such rail, beam, pipe, cable, wire or other apparatus within such time as the court may determine and any convicted person who fails to comply with such order shall be deemed to commit a continuing offence, and shall be liable to a further fine not exceeding forty shillings or to imprisonment with or without hard labour for a term not exceeding three days for each day upon which such failure continues.

   (3) Nothing in this section shall extend to any works or apparatus fixed or placed under any statutory authority.

42.   Stretching of rope or wire across public highway

   Any person who for any purpose places or causes to be placed any rope, wire or other apparatus across a public highway or any part of a public highway, in such a manner as to be likely to cause danger to persons using highway the highway shall, unless that person proves that he had taken all necessary means to give adequate warning of the danger, be guilty of an offence.

43.   Power to temporarily close highway or to restrict traffic Ord. No. 17 of 1942 s. 2">

   (1) Where the road authority is satisfied that traffic on any public highway for the maintenance of which it is responsible, should be restricted or prohibited by reason of works of repair or reconstruction being required or being in progress on the highway, or for the purpose of preserving or protecting the surface of the highway, the road authority may temporarily restrict or prohibit the use of that highway or any part of the highway by vehicles of any particular class or description to such extent and subject to such conditions or exceptions as the road authority may consider necessary and the authority shall, whenever possible, give reasonable public notice of the intention to close or restrict traffic on a highway or part of the highway.

   (2) The authority shall have power to regulate or stop traffic in such manner as may seem best and shall issue warnings and directions either by written or printed notice displayed at some conspicuous place or by word of mouth or by erection of barriers or otherwise.

   (3) No prohibition or restriction of traffic imposed under this section shall, without the approval of the Minister, continue in force for a longer period than three months and notice of such approval shall be published in the Gazette.

   (4) Any person who uses or permits the use of a vehicle in contravention of any restriction or prohibition imposed under this section shall be liable, in the case of a first conviction, to a fine not exceeding three hundred shillings or imprisonment with or without hard labour for a term not exceeding one month and, in the case of a second or subsequent conviction, to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months.

44.   Power to limit weight and speed on part of highway

   (1) Notwithstanding anything contained in any rules made under this Act or under any other law regulating the maximum weights to be carried on any public highway, it shall be lawful, for the purpose of safeguarding the safety of the public or of preserving the condition of a highway, for a road authority to fix a limit to the maximum weight or speed of vehicles which may lawfully be driven or hauled over any part of a highway and such power shall be deemed to have been sufficiently and properly exercised if the road authority places, on or near such part of a highway, a conspicuous notice, denoting the maximum speed or to the effect that such part of the highway is unsuited to carry traffic in excess of the weight specified in the notice.

   (2) Any person who hauls or drives or is responsible for hauling or driving over any part of a public highway a vehicle at a speed or of a weight in excess of that specified in the notice without the consent in writing of the road authority, shall be guilty of an offence:

   Provided that it shall be lawful for the purpose of keeping within the specified weight, to detach any trailer from any vehicle and take over singly any vehicle or trailer which does not exceed the specified weight.

45.   Prevention of obstruction to view at corners Ord. No. 27 of 1959 Sch.">

   (1) Where a road authority is of the opinion that it is necessary for the prevention of danger arising from obstruction to the view of person using the highway, to impose any restriction with respect to any land at or near any corner or bend in a highway maintainable by the road authority, the road authority may serve a notice–

   (a)   upon the owner or occupier of the land directing him to alter the height or character of any wall, not being a wall forming part of the structure of a permanent edifice, fence or hedge on the land so as to cause the same to conform with any requirement specified in the notice; or

   (b)   upon every owner of the land restraining such owner either absolutely or subject to such conditions as may be specified in the notice, from permitting any building, wall, fence or hedge to be erected or planted on the land:

   Provided that–

   (i)   there shall be annexed to any notice served under this section, a plan showing the land to which the notice relates;

   (ii)   a notice restraining the erection of any building upon land situated within a township or municipality shall not be served by a road authority except with the consent of the township authority or the municipal council; and

   (iii)   the owner of any land shall not be restrained by a notice served under this section, from executing or permitting the reconstruction or repair in such manner as not to create any new obstruction to the view of persons using the highways adjacent to the land, of any building which was upon the land before the service of the notice.

   (2) Any restriction imposed by a notice served under this section shall come into force upon the service of the notice and shall remain in force until the notice is withdrawn by the road authority by whom it was served, and any such restriction shall, while in force, be binding upon any successor in title to the owner of the land to which the restriction relates, unless he proves that when he become the owner of the land he had, after making due inquiries, no reasonable cause to suspect that any such restriction was in force.

   (3) If any person upon whom a notice has been served under this section objects to any requirement of the notice, or to any restriction imposed he may, within fourteen days after receipt of the notice, send the objection in writing, stating the grounds to the objection to the road authority by whom the notice was served, and the question whether the notice shall be withdrawn or modified as respects any requirement or restriction objected to, shall be determined by a court presided over by a resident magistrate having jurisdiction in the area in which the land is situate, and the decision of such court shall be final.

   (4) Any person upon whom a notice is served under this section shall have power, notwithstanding anything in any conveyance or in any lease or other agreement, to do all such things as may be necessary for complying with the requirements of the notice.

   (5) Where a notice has been served upon any person under this section, the road authority by whom the notice was served may, with the consent of that person, do on his behalf anything necessary for complying with the requirements of the notice.

   (6) Subject to the provisions of this section, if any person upon whom a notice has been served under this section fails to comply with any requirement of, or acts in contravention of, the notice, such person shall, without prejudice to any other proceedings which may be taken against him, be guilty of an offence and shall be liable to a fine not exceeding one hundred shillings or to imprisonment with or without hard labour for a term not exceeding one month and any person so convicted shall within such time as the court may allow, do all such things as may be necessary to conform to the requirement or restriction imposed by the notice and if he fails to do so he shall be deemed to commit a continuing offence, and shall be liable to a further fine not exceeding forty shillings or to imprisonment with or without hard labour for a term not exceeding three days for each day upon which such failure continues.

   (7) Any person upon whom a notice is served under this section shall be entitled to recover from the road authority by whom the notice was served, any expenses reasonably incurred in carrying out any direction contained in the notice and any person sustaining loss in direct consequence of any requirement of a notice served under this section, or any person who proves that his property is injuriously affected by any restriction imposed by any such notice, shall, if he makes a claim within six months after the service of the notice, be entitled to recover from the road authority by whom the notice was served, compensation for the injury sustained.

   (8) Nothing in this section shall–

   (a)   authorise the service of a notice under this section with respect to any wall forming part of an ancient monument or other object of archaeological or palaeontological interest, except with the consent in writing of the Minister; or

   (b)   apply with respect to any wall belonging to the railway administration where the wall forms part of or is necessary for, the maintenance of any railway, dock or port.

PART VII
LEGAL PROCEEDINGS AND RULES (ss 46-53)

46.   Recovery of cost of damage to highway

   (1) In any case where damage is done to a highway in consequence of any contravention of any of the provisions of this Act, it shall be lawful for the road authority to make good such damage and to recover the cost from the person contravening the Act or, if the damage is attributable to any vehicle the authority may recover such cost from any owner of such vehicle and such recovery may be effected by civil suit or in the case of a convicted person, the court by which he is convicted may, in addition to any other penalty, order the payment of such sum as the court deems sufficient to cover the damage caused and the sum so ordered to be paid, may be recovered in the same manner as a fine, and shall be paid to the road authority.

   (2) In any proceeding under this section for the recovery of the cost of making good damage to a highway, a certificate under the hand of the road authority as to the cost of making good such damage, shall without proof of signature, be prima facie evidence of the amount payable by the person liable.

47.   Power of road authority to recover expenses of extraordinary traffic

   Where it appears to a road authority that having regard to the average expenses of repairing public highways in the neighbourhood, extraordinary expenses have been incurred in repairing any public highway by reason of the damage caused by excessive weight or speed or extraordinary traffic the authority may recover, by a suit in a court of competent jurisdiction, from any person by or in consequence of whose order such excessive weight or extraordinary traffic has been caused, the amount of such expenses as may be proved to the satisfaction of the court to have been incurred by reason of the damage arising from such excessive weight or extraordinary traffic:

   Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with the road authority for the payment of compensation in respect of such excessive weight or extraordinary traffic and the person paying the compensation shall not be subject to any proceedings under this section.

48.   Government and road authority not liable Act No. 40 of 1969 s. 13">

   The Government and road authority shall not be liable for any loss or damage which may be caused to any person or property through the condition of a highway or the failure of a highway to sustain the weight of a vehicle or by reason of the placing, use or maintenance of anything on, under or over a highway under lawful authority.

49.   Preservation of powers of magistrate

   A magistrate shall not be deemed incapable of acting in any proceeding brought under this Act, by reason only of his acting at the same time in an executive capacity under this Act, but in all such cases it shall be competent for any party to such proceedings to make an application to such magistrate to have such proceeding heard and tried before some other magistrate and upon such application, the magistrate shall transfer or cause to be transferred, the proceedings to be heard and tried before some other magistrate.

50.   Obstruction of officers

   Any person who wilfully resists, obstructs, hinders, or molests, and who incites, assists or procures others to resist, obstruct, hinder or molest any person acting under the authority of this Act in the discharge of any duty or the performance of any act authorised or required to be performed by this Act, shall be liable to a fine not exceeding three hundred shillings or to imprisonment for a term not exceeding three months.

51.   General penalty

   Any person who contravenes or fails to comply with any of the provisions or requirements of this Act or any rule made under this Act the breach of which no penalty is expressly provided, shall be liable on conviction to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months.

52.   Rules

   The Minister may make rules–

   (a)   for the general control, use, management, survey, construction and repair of public highways and bridges and for the prevention of obstruction to public highways and bridges;

   (b)   for lighting public highways;

   (c)   for empowering and regulating, subject to any other law for the time being in force, the placing of telegraph, telephone and electric supply-lines and posts, pipes, drains, sewers and mains of every description on, over, along or under any highway;

   (d)   for regulating, subject to any other law for the time being in force, the laying down of lines for trollies, tramways or railways on highways and the construction of railway and tramway crossings over public highways;

   (e)   for securing the safety of the public in the use of public highways crossed by any railway on the level and for directing the doing of any work or taking of any precautions necessary to effect that purpose;

   (f)   for empowering and regulating the fixing of mileposts or stones, signposts and traffic signs on any public highway;

   (g)   to prevent and prohibit animals suffering from any infectious or contagious disease straying or being driven or ridden on any public road, and for the slaughter or destruction of all animals found so suffering on any public highway;

   (h)   for the formation, construction, maintenance and repair of traces, tracks and other by-ways throughout Mainland Tanzania;

   (i)   for declaring the width of any highway or bridge;

   (j)   for regulating the construction and size of the tires of the wheels of any vehicle used upon any public highways, and the construction of the hubs of ox, donkey and hamali carts;

   (k)   for prescribing the maximum tare and gross weight of vehicles allowed on highways or any specified part of a highway and the methods for ensuring that these weights are not exceeded;

   (l)   for prohibiting any practice which may tend to cause obstruction or damage of highways and for preventing nuisances on highways;

   (m)   classifying highways and defining the boundaries of any class of highway;

   (n)   for regulating and prescribing the constitution, procedure and duties of the central and district road boards;

   (o)   for providing for the establishment of camps and out-spanning places on or adjacent to highways and regulating the conditions under which such camps and places may be used; or

   (p)   for the further, better, or more convenient carrying out of the purposes of this Act.

53.   Forms

   The forms set out in the Second Schedule to this Act shall be used for the purposes to which they are appropriate with such variations as the circumstances of any case may require.

FIRST SCHEDULE
MAIN ROADS G.N. No. 471 of 1962">

(Section 10)

   Note: In the descriptions of Tanzania Main Roads, the main Regional and District Towns and junctions with other Tanzania Main Roads, are shown in heavy type.

   GREAT NORTH ROAD; Kenya-ARUSHA-DODOMA-MBEYA-Zambia- 804 Miles (N.R. 189; CR.234; S.H.R. 381) A. 104. Namanga (Kenya Border)- Oldonyo Sambu 44; Dodoma Corner, 64; Arusha Corner, 67; Makuyuni, 110; Babati, 166; Gendi, 169; Bereko (C.R. Border), 189; Kolo, 216; Kondoa Turnoff, 233; Meia Meia, 304; Dodoma, 334; Fufu, 398; Ruaha River (S.H.R.Border), 422; Izazi, 444; Iringa, 498; Iheme, 521; Ulete, 534; Sao, 558; Makambako, 614; Iyari, 638; Igawa, 652; Chimala, 682; Igurusi Turnoff, 692; Mbeya turnoffs, 731 and 732; Mbalizi, 741; Mlowa, 773; Vwawa, 781; Tunduma (Zambia) Border), 804.

   ARUSHA-TAVETA ROAD- 77 Miles. (Northern Region) A. 23.
G.N.R. M.64; Dodoma Corner-Moshi Corner, 7; Moshi, 54; Korogwe Turnoff, 68; Himo, 70; Taveta (Kenya Border), 77.

   ARUSHA-TAVETA ROAD (m.68) SAME-KOROGWE- 166 Miles- (N.R. 6;T.R.160), b.1 Arusha/Taveta Road (M).68-T.R. Border, 6; Kifaru, 9; Kisangiro, 20; Mwanga, 24; Kiverenge, 35; Same, 50; Gonja, 89; Kihurio, 105; Mkomasi, 115; Mombo, 138; Korogwe, 166.

   KENYA BORDER-TANGA-KOROGWE ROAD- 101 Miles- (Tanga Region). A. 14. Kenya Border- Mtandikeni, 6; Mabokweni, 39; Tanga, 43; Muheza, 66; Segera, 86; Korogwe, 101.

   KOROGWE-MVOMERO ROAD- 133 Miles. (T.R. 88; E.R. 45) b.127. KOROGWE-Komsala-Sindeni, 26; Handeni, 44; Lukigira Bridge, 80; Mziha (E.R. Border), 88; Kwa Dihombo, 123; Mvomero, 133.

   MAGOLE-KILOSA-MIKUMI-IFAKARA ROAD- 160 Miles. (Eastern Region) B. 127. Magole-Kidete, 7; Rudewa, 29; Kilosa, 44; Miyombo, 51; Ulaya, 64; Mikumi, 90; Gt. Ruaha River, 113; Kiberege, 137; Ifakara, 160.

   DAR ES SALAAM-MOROGORO-IRINGA ROAD.- 314 Miles. (E.R. 245; S.H.R. 69). A. 7. Dar es Salaam City Bdy, 3; Ruvu River, 45; Msolwa, 75; Ubenazamozi, 82; Pangawe, 111; Morogoro, 123; Mzumbe, 133; Doma, 164; Mikumi, 197; Gt. Ruaha River (S. H. R. Border), 245; Isere, 286; Lugalu, 301; G.N.R. (M. 498) (2 miles South of Iringa), 314.

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