ROADS FUND ADMINISTRATION: SUBSIDIARY LEGISLATION

ROADS FUND ADMINISTRATION: SUBSIDIARY LEGISLATION

ROADS FUND ADMINISTRATION (TOLLS) REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
PRELIMINARY

    1.    Citation

    2.    Interpretation

PART II
ADMINISTRATION

    3.    Designation of toll administrator

    4.    Functions of toll administrator

    5.    Toll collectors

PART III
TOLLS

    6.    Imposition of toll

    7.    Toll points

    8.    Payment of toll

    9.    Discounted toll

    10.    Exemptions

    11.    Use of toll fees

    12.    Suit for recovery

PART IV
CONCESSION AGREEMENTS

    13.    Concession agreement

    14.    Exercise of toll road function by concessionaire

PART V
MISCELLANEOUS

    15.    Offences and penalties

    16.    Summary imposition of penalties

    17.    Forfeiture of certain vehicles

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

G.N. 41/2021
1/2022

ROADS FUND ADMINISTRATION (TOLLS) REGULATIONS

under s. 30

PART I
PRELIMINARY

1.    Citation

    These Regulations may be cited as the Roads Fund Administration (Tolls) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “concessionaire” means a person authorized by the Minister to manage a toll road under a concession agreement pursuant to regulation 14, and includes a successor, delegate, transferee or assignee of the concessionaire;

    “concession agreement” means an agreement made pursuant to regulation 13;

    “Director” means the person designated as Director of Tolls under regulation 3 (2);

    “local user” means a motorist driving a Malawian registered vehicle domiciled within a ten kilometre radius of an inland toll point;

    “local user discounted toll” means a toll levied on a local user to a specific facility for a specified period of time as prescribed in the Third Schedule;

    “maintenance” in relation to a road, means all works to preserve road quality, road shape, drain, culverts, structures and bridges, spot improvement of bad spots to maintain accessibility, re-sealing, re-shaping and re-gravelling;

    “rehabilitation” means activities aimed at restoring the original condition of a road through relatively extensive works and includes pavement layer reconstruction, mill and replace, re-shaping of the cross-section, reconstruction of the shoulders, drainage works and thick overlays;

    “toll” means a fee paid or payable on any road, border post, bridge or pontoon where the toll administrator or a concessionaire, as the case may be, operates a toll point;

    “toll collector” means a person appointed as such under regulation 5;

    “toll point” means a point designated for the collection of tolls under regulation 7; and

    “vehicle” means a vessel drawn, propelled or driven by any kind of power generated by an automated engine, and capable of being used as a means of transportation on land, but does not include a wagon, dray, cart, carriage or bicycle.

PART II
ADMINISTRATION

3.    Designation of toll administrator

    (1) The Administration is hereby designated as a toll administrator and shall be responsible for the implementation of these Regulations.

    (2) The toll administrator shall designate a suitably qualified person, within the Administration, as the Director of Tolls.

4.    Functions of toll administrator

    The toll administrator shall have the following functions—

    (a)    regulate and operate toll gates;

    (b)    monitor compliance of concessionaires with the terms and conditions of concession agreements;

    (c)    advise the Minister on the operation and maintenance of toll gates;

    (d)    identify toll points on public roads;

    (e)    recommend toll fees to the Minister; and

    (f)    perform such other functions as may be conferred by, or under, these Regulations or any other written law.

5.    Toll collectors

    (1) The toll administrator may, on such terms and conditions as it may determine, appoint a suitably qualified person as a toll collector for purposes of these Regulations.

    (2) A toll collector may perform such other functions as the toll administrator may specify in writing.

    (3) A toll collector shall remit to the toll administrator any toll collected under these Regulations.

PART III
TOLLS

6.    Imposition of toll

    There is hereby imposed a road toll.

7.    Toll points

    (1) The toll administrator may establish and operate a toll point on any road, bridge or pontoon.

    (2) The places on the public roads listed in the First Schedule are designated as toll points.

8.    Payment of toll

    (1) A driver of a vehicle shall, at the time of passing through a toll point, pay to a toll collector, the appropriate toll prescribed in the Second Schedule in respect of his vehicle.

    (2) Notwithstanding the provisions of subregulation (1), a driver of a vehicle may at the time of passing through a toll point, pay in advance the appropriate toll in respect of the vehicle for another toll point within the route to be taken by that driver.

    (3) A driver of a vehicle domiciled within a radius of ten kilometres of a toll point may pay in advance the appropriate toll prescribed in the Second Schedule.

9.    Discounted toll

    A road user who is a local user…