CHAPTER 167
HIGHWAYS ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Highways (Appointment of Road Authorities) Notice

        The Delegation of Powers Notice

        The Declaration of Public Highways Notice

    ORDERS

        The Highways (Classification of Highways) Order

        The Establishment of the Central Roads Board Order

    RULES

        The Highways (Railway Crossings) Rules

        The Highways (Width of Highways) Rules

NOTICES

THE HIGHWAYS (APPOINTMENT OF ROAD AUTHORITIES) NOTICE

(Section 9(1))

G.N. No. 70 of 1967

    1. This Notice may be cited as the Highways (Appointment of Road Authorities) Notice.

    2. The duties of constructing, altering, maintaining and supervising the highways specified in the first column of the Schedule have been apportioned by the President to the road authorities specified at the corresponding places in the second column of the said Schedule.

    3. [Revokes Notice No. 16 published on 6th January, 1967.]

SCHEDULE

THE DELEGATION OF POWERS NOTICE

(Section 9(3))

G.N. No. 354 of 1960

    1. The powers and duties of a road authority are hereby delegated to the public officers set forth in the first column of the Schedule in respect of the highways specified opposite thereto in the second column of the said Schedule.

    2. [Revokes General Notice No. 1813 of 1950.]

SCHEDULE

THE DECLARATION OF PUBLIC HIGHWAYS NOTICE

(Section 11)

G.N. No. 472 of 1962

    1. The Highways specified in Part 1 of the Schedule hereto shall be opened and such highways are declared to be public highways for the purposes of the Highways Act.

    2. It is hereby declared that the existing public highways specified in Part 2 of the Schedule hereto shall cease to be public highways for the purposes of the Highways Act.

SCHEDULE

PART 1
NEW PUBLIC HIGHWAYS

PART 2
ROADS WHICH CEASE TO BE PUBLIC HIGHWAYS

ORDERS

THE HIGHWAYS (CLASSIFICATION OF HIGHWAYS) ORDER

(Section 13(1))

G.N. No. 165 of 1967

    1. This Order may be cited as the Highways (Classification of Highways) Order.

    2. For the purposes of the Highways Act, public highways shall be classified in the following manner–

    (a)    all Tanzania routes and main internal through routes shall be classified as Trunk Roads;

    (b)    main internal routes other than those classified as Trunk Roads shall be classified as Territorial Main Roads;

    (c)    roads which complete the main road network other than those classified as Trunk Roads and Tanzania Main Roads shall be classified as Local Main Roads;

    (d)    all other roads maintained by the Ministry of Communications and Works shall be classified as Regional Roads;

    (e)    all other highways maintained by the District funds shall be classified as District Roads.

    3. [Revokes the Highways (Classification of Highways) Order].

THE ESTABLISHMENT OF THE CENTRAL ROADS BOARD ORDER

(Section 4)

G.N. No. 5 of 1994

1.    Short title

    This Order may be cited as the Establishment of the Central Roads Board Order.

2.    Interpretation

    In this Order unless the context requires otherwise–

    "board" means the Central Roads Board established by paragraph 3 of this order;

    "directorate" means the Directorate of Roads and Aerodromes established in the Ministry of Works, Communications and Transport;

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

    "roads fund" means the Roads Fund established by the Resolution of the Parliament on meeting of the National Assembly 4/41 of August, 1991.

3.    Establishment of the Board

    (1) There is hereby established the Board to be known as the Central Roads Board.

    (2) The Board shall be a body corporate and shall–

    (a)    have perpetual succession and common seal;

    (b)    in its corporate name, be capable of suing and being sued;

    (c)    be capable of purchasing and otherwise acquiring or alienating any movable or immovable property;

    (d)    have power from time to time to exercise and perform such other power and functions as are conferred by the Minister.

    (3) The provisions of the Schedule to this Order shall have effect as to the Constitution, tenure of office and termination of the appointment of the Board, as well as to the proceedings of the Board and other matters in relation to the Board.

    (4) The Minister may by notice published in the Gazette amend, vary or alter any of the provisions of the schedule to this order.

4.    Functions of the Board

    (1) The functions of the Board shall generally be to advise the Minister on matters pertaining to management and financing of roads, operation of Road Fund and on matters which the Minister may from time to time refer to the Board.

    (2) Specifically and without prejudice to the generality of the foregoing paragraph, the Board shall:

    (a)    advise the ministry on the suitable management system of the roads;

    (b)    advise the ministry on the staff motivation;

    (c)    examine the operation of the Roads Fund and advise on suitable arrangements for disbursement of adequate funds to end users;

    (d)    examine the existing laws governing the operation and management of the road network and advise on necessary amendments.

5.    General and specific directions of the Minister

    (1) The Board shall in the performance of its functions have regard of–

    (a)    any general policies of the government notified to it by the Minister; or

    (b)    any general or specific direction given by the Minister.

    (2) The Board shall in the performance of its functions establish and maintain a system of co-ordination, co-operation and consultation with other bodies within or outside the United Republic which have similar or related functions.

SCHEDULE
COMPOSITION OF THE BOARD

(Paragraph 3(3))

1.    Constitution of Board

    (1) The Board shall consist of–

    (a)    a Chairman to be appointed by the Minister;

    (b)    Permanent Secretaries of the ministries mentioned below –

        (i)    Ministry of Works, Communications and Transport;

        (ii)    Ministry of Finance;

        (iii)    Planning Commission;

        (iv)    Local Government;

        (v)    Ministry of Home Affairs;

    (c)    one representative from–

        (i)    Tanzania Chamber of Commerce, Industry and Agriculture;

        (ii)    Institution of Engineers Tanzania;

        (iii)    Tanzania Roads Association;

        (iv)    Automobile Association of Tanzania;

    (d)    one member appointed by the Minister;

    (e)    the Director of Roads and Aerodromes, who shall be the Secretary of the Board.

    (2) The members shall appoint one of the members among themselves to be a Vice-Chairman of the Board.

2.    Meetings and proceedings of the Board

    (1) The Board shall meet for the discharge of business at least once in every three months at places as the Chairman or in his absence the Vice-Chairman shall by notice issued to the members determine.

    (2) The Chairman or, in his absence, the Vice-Chairman shall preside at all meetings of the Board which he attends.

    (3) Decisions of the Board shall be made by simple majority of members present and voting, and in the event of an equality of votes, the Chairman or other person presiding shall have a second or casting vote.

    (4) The quorum at any meeting of the Board shall be one-half of the total number of the members, one of whom shall be the Chairman or in his absence the Vice-Chairman.

    (5) Minutes in proper form of each meeting of the Board shall be kept by the secretary of the Board and shall be confirmed by the Board at the next following meeting and signed by the Chairman.

    (6) The Board shall act notwithstanding any vacancy in membership and no act or proceedings of the Board shall be invalid by reason only of some defect in the appointment of a person who purports to be a member of the Board.

    (7) The members of the Board shall be paid out of the Roads Fund sitting allowances during the meetings, to cover their expenses at the rate as the Minister may approve.

RULES

THE HIGHWAYS (RAILWAY CROSSINGS) RULES

(Section 52)

G.N. No. 71 of 1936

1.    Title

    These Rules may be cited as the Highways (Railway Crossings) Rules.

2.    Interpretation

    In these Rules unless the context otherwise requires–

    "railway" means any rail or track specially constructed for the passage of trains, exclusive of any railway to which the provisions of the Tanzania Railways Corporation Act * apply;

    "train" shall include any engine, truck, trolley or other vehicle constructed to run on a specially prepared rail or track and two or more of any such vehicles connected together.

3.    Permit required for construction, maintenance or use of railway across a highway

    No person shall construct any railway upon or across any highway or maintain or use any railway so constructed, unless he is in possession of a valid permit to do so issued in accordance with these Rules.

4.    Power to road authority to grant permits

    A Road Authority may grant a permit for the construction of any railway upon or across any highway within his jurisdiction at such places as he may determine, and may in like manner authorise the maintenance and use of any railway constructed upon or across any such highway.

Form of permit

    Every such permit shall be in writing in the form set out in the Schedule hereto and may be granted for any period not exceeding three years.

    A Road Authority may at any time vary or cancel any permit granted in accordance with this Rule.

5.    Railway to comply with directions

    Any part of a railway constructed upon or across any highway shall be constructed and maintained in such manner as the road authority shall direct.

6.    Warning signs to be erected

    Every person who constructs any railway upon or across any highway, or maintains or uses any railway so constructed, shall erect and maintain signs warning persons using the highway of the existence of the railways.

    Such signs shall be of such number, form and dimensions and placed in that positions as the road authority shall direct.

7.    Trains to be preceded by person on food displaying red flag or light

    No person employing, or in charge of, a train shall permit such train to pass over any railway constructed upon or across a highway, unless it is preceded to the centre of the highway by person on foot displaying a red flag by day and a red light by night, in such a manner as to the clearly visible and to give adequate warning to persons on the highway approaching the railway.

    Every person preceding a train on foot in accordance with this Rule shall remain in the centre of the highway until the train has passed over the highway.

8.    Trains not to remain stationary on highway

    No person employing, or in charge of, a train shall permit such train to remain stationary upon a railway constructed upon or across a highway.

SCHEDULE
PERMIT

THE HIGHWAYS (RAILWAY CROSSINGS) RULES

THE HIGHWAYS (WIDTH OF HIGHWAYS) RULES

(Section 52)

G.N. No. 161 of 1967

    1. These Rules may be cited as the Highways (Width of Highways) Rules.

    2. Every highway which is classed as a Trunk Road or Territorial Main Road or Local Main Road or Regional Road in the First Schedule to the Highways Ordinance, as published from time to time, is hereby declared to include all land, not being private property, which lies within a distance of 75 feet from the centre of such highway.

    3. Every highway which is classed as a District Road in the Second Schedule to the Highways Ordinance, as published from time to time is hereby declared to include all land, not being private property, which lies within a distance of 33 feet from the centre of such highway.

    4. The Trunk Road running from Dar es Salaam to Morogoro via Msolwa, Ubenazomozi and Pangawe is hereby declared to include all land, not being private property, which lies within the distance from the centre of the road specified in the Schedule hereto.

    5. [Revokes the Highways (Width of Highways) Rules, 1967.]

SCHEDULE

    (The mileages given accord with milestones on the road, the origin being the Askari statue.) {/mprestriction}