CHAPTER 220
ROAD AND FUEL TOLLS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and application.

   2.   [Omitted.]

   3.   Interpretation.

PART II
THE ROADS FUND

   4.   Establishment of the Roads Fund.

PART III
THE BOARD AND THE ROADS FUND MANAGER

1. THE BOARD

   5.   Establishment of the Board.

2. THE ROADS FUND MANAGER AND ROAD FUND ACCOUNTANT

   6.   Appointment of the Roads Fund Manager and Road Fund Accountant.

PART IV
IMPOSITION OF ROAD AND FUEL TOLLS

   7.   Imposition of tolls.

   8.   Exemptions.

PART V
ADMINISTRATION AND COLLECTION

   9.   Scheduled toll stations.

   10.   Suit for recovery.

   11.   Toll collectors.

   12.   Issue of receipt.

   13.   Power to inspect.

   14.   Offences and penalties.

   15.   Powers to compound offence and seizure.

   16.   Regulations.

SCHEDULES

CHAPTER 220
THE ROAD AND FUEL TOLLS ACT

An Act to impose and provide for the collection of tolls on the vehicular use of public roads, and for the matters related to road and fuel tolls.

[1st January, 1986]
[s 2]

Acts Nos.
13 of 1985
10 of 1986
17 of 1990
16 of 1992
16 of 1994
17 of 1995
1 of 1996
25 of 1997
6 of 1998
11 of 1998
11 of 2000
14 of 2001
18 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title and application

   (1) This Act may be cited as the Road and Fuel Tolls Act.

   (2) This Act shall apply to all public roads in Tanzania.

2.   Omitted

   [Omitted under R.E. 1993 1.]

3.   Interpretation

   In this Act, unless the context otherwise requires–

   "Board" means the Board established by section 5;

   "Chief Executive" means the Chief Executive Officer of the TANROADS;

   "classified roads" means any public road including trunk roads, regional roads, urban roads and feeder roads;

   "Commissioner" means the Permanent Secretary to the Treasury, and includes any public officer to whom the Commissioner may, by writing under his hand, delegate all or any of his functions under this Act;

   "development" means the upgrading of a road to a new standard, including a new road or bridge construction, widening or rehabilitation of a road that has been left in poor condition for a long time;

   "emergency repair" means works required to open roads after a natural disaster;
"Fund" means the Fund established under section 4;

   "fuel" means petrol, whether super or regular, and diesel for use in the propulsion of a vehicle;

   "Fund" means the Roads Fund established by section 4;

   "local authority" means a district, town, municipality or city authority;

   "Minister" means the Minister responsible for finance;

   "road" means a primary, secondary or tertiary road, commonly used by the public or to which the public has access or route and includes–

   (a)   any bridge, causeway, culvert, dam, ditch, drain, fence, embanrkment, ferry, ford, pontoon or other work in line of such road;

   (b)   the land of which the road or route consists or over which the road reserve in question extends;

   (c)   anything on that land forming part of, or connected with or belonging to the road or route; and

   (d)   land acquired for the construction of a connection between one road or route and another road or route;

   "road agency" means any road agency other than TANROADS;

   "road and fuel toll" means the toll imposed by section 4 and payable under this Act;

   "road maintenance" means all works to preserve riding quality, road shape, drain, culverts, structures and bridges, spot improvement of bad spots to maintain accessibility; resealing, reshaping and regravelling;

   "roads Minister" means the Minister responsible for roads;

   "scheduled toll station" means any place, premises or other area appointed or designated under section 6 as a station, a point or points at or within which road and fuel tolls payable under this Act shall be paid or collected;

   "TANROADS" means the Tanzania National Roads Agency to be established under the Executive Agencies Act *;

   "toll collector" means a collector of road and fuel toll;

   "vehicle" includes every description of conveyance for the transport of human beings and goods.

PART II
THE ROADS FUND (ss 4-6)

4.   Establishment of the Roads Fund

   (1) There is hereby established a Fund to be known as the Roads Fund into which shall be paid all monies collected as roads and fuel tolls imposed on diesel and petrol, transit fees, heavy vehicle licences, vehicle overloading fees, or from any other source at the rate or rates to be determined by Parliament from time to time.

   (2) All monies collected as roads and fuel tolls shall be deposited in the account of the Fund.

   (3) At least ninety percent of the money deposited in the Fund shall be used for maintenance and emergency repair of classified roads and related administrative costs in Mainland Tanzania in accordance with approved operational plans made–

   (a)   initially by the Ministry responsible for roads until such time as the TANROADS is established in respect of trunk and regional roads; and

   (b)   by the responsible local authorities in respect of district and urban roads,

in accordance with the budgets approved by Parliament.

   (4) Not more than ten percent of the money deposited in Fund shall be used for roads development and related administrative costs in Mainland Tanzania in accordance with the plans and budgets approved by Parliament.

   (5) The money deposited in the Fund shall not be used for any other purposes than those provided for in subsections (3) and (4).

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