Tanzania
Highways Act
Chapter 167
- Published in Tanzania Government Gazette
- Commenced on 25 November 1932
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Highways Act.2. Interpretation
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
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
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
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
7. Functions of Regional Road Boards
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 1.8. Responsibility for highways
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
Part III – The declaration of highways (ss. 10-16)
10. Declaration of existing roads to be highways
11. Minister may declare new public highways
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
14. Plans of highways
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
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
Part IV – Roads of access (ss. 17-23)
17. Power to make application to construct road of access
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
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
20. Right of way and liability over road of access
21. Power to cancel or alter a road of access
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
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
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
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
Part VI – The use of highways (ss. 37-45)
37. Destroying milestones or bridges
Any person who without proper authority—38. Damage to public highways
Any person who—39. Obstruction of highway
40. Nuisance on a highway
Any person who, on a public highway—41. Restriction on placing rails or beams over public highway
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
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 (ss. 46-53)
46. Recovery of cost of damage to highway
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
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—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.History of this document
31 July 2002 this version
Consolidation
25 November 1932
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Highways (Width of Highways) Rules, 1967 | Government Notice 161 of 1967 |
Cited documents 2
Legislation 2
1. | Land Acquisition Act | 78 citations |
2. | Local Government (Urban Authorities) Act, 1982 | 30 citations |
Documents citing this one 11
Legislation 6
1. | Wildlife Conservation Act | 759 citations |
2. | Registration of Documents Act | 59 citations |
3. | Antiquities Act | 5 citations |
4. | Freehold Titles (Conversion) and Government Leases Act | 3 citations |
5. | Tsetse Fly (Control) Act | 1 citation |
6. | Road Frontage Premia Act |