TOLL ROADS ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Application of other enactments

 

PART II
Toll Authority

Establishment and Functions

   4   Establishment and constitution of Authority

   5   Functions of Authority

   6   Funds and resources of Authority

   7   Obligations as to secrecy

 

PART III
Toll Orders

   8   Minister may make orders

   9   Toll order to be displayed in offices of Authority

   10   Duration of concession period

 

PART IV
Concession Agreements

   11   Concession agreement

   12   Power of concessionaire to assign or delegate

   13   Exercise of toll road functions by concessionaire

   14   Exercise of toll road function by Authority

   15   Utility contracts

   16   Duty to maintain toll road

   17   Closure of toll roads

   18   Transfer on termination of concession agreement

   19   Guarantee of term or condition of concession agreement

 

PART V
Toll

Failure to Pay Toll

   20   Recovery of unpaid toll

   21   Liability for payment of toll

   22   Requirement for permission to levy toll

 

Toll Regulator

   23   Toll Regulator

 

PART VI
Inspection

   24   Appointment of inspectors

   25   Functions of inspectors

 

PART VII
Offences and Penalties

   26   Offences and penalties

 

PART VIII
General

   27   Returns by concessionaire

   28   Registers

   29   Authority may institute proceedings

   30   Exemption from stamp duties

   31   Land Clauses Act partially incorporated

   32   Regulations

      SCHEDULE

 

THE TOLL ROADS ACT

[Date of Commencement: 1st March, 2002]

Act 7 of 2002.

PART I
Preliminary

1   Short title

   This Act may be cited as the Toll Roads Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "authority" means the Toll Authority established under section 4;

   "concessionaire" includes-

   (a)   a person authorised by the Minister to manage a toll road under a concession agreement pursuant to section 8(1)(b);

   (b)   in relation to a person mentioned in paragraph (a), a successor, a delegate or an assignee under section 12, a transferee and an associate, to whom with the approval of the Minister, any rights have been transferred or authorised to be transferred pursuant to a toll order, concession agreement or any amendment thereto;

   "Director" means the Chief Executive Officer of the National Works Agency;

   "emergency services" means the Security Forces, ambulances, the Jamaica Fire Brigade and such other services as the Minister may by order designate;

   "inspector" means a person designated as an inspector under section 24;

   "public body" means a statutory body or authority or any government company;

   "road" includes-

   (a)   the roadway, water tables, bridges and fordings, on the line of the road;

   (b)   the land on each side of the roadway and water tables up to the boundary of the road;

   (c)   all traffic lanes, acceleration lanes, shoulders, median strips, overpasses, underpasses, interchanges, approaches, entrance and exit ramps, service areas, maintenance areas, signs and other structures and fixtures on a road;

   (d)   any other areas on or adjacent to any public main road or parochial road, waterway, railway or other routes used for public passenger transport;

   (e)   subject to controlled access, any private road designated as a toll road under section 8(1)(a);

   "Security Forces" means the Jamaica Constabulary Force, the Jamaica Defence Force, the Island Special Constabulary Force and the Rural Police;

   "toll" includes any fee, charge, levy, due or compensation payable in relation to the use of a toll road, or any portion thereof, by vehicular or other traffic;

   "toll road" means a road designated as a toll road under section 8;

   "Toll Regulator" means the person, group of persons or body designated by the Minister pursuant to section 23;

3   Application of other enactments

   (1) Except as otherwise expressly provided in this Act or any other enactment, the provisions of the Road Traffic Act shall apply to a toll road.

   (2) The following provisions of the Main Roads Act shall apply, with such modifications as may be necessary, in relation to toll roads-

   (a)   section 8 (Boundaries and width);

   (b)   section 9 (Where no boundary fence exists);

   (c)   section 10 (When building deemed to be an encroachment within meaning of section 24);

   (d)   section 11 (Notice of intention to erect building along or near boundary);

   (e)   section 12 (Ownership of dyewoods and fruit of trees within the lines);

   (f)   section 15 (Power to grant permission to construct or lay down works across, above or under road);

   (g)   section 17 (Power to impound or destroy animals trespassing on road);

   (h)   section 19 (Laying out new roads or altering a road);

   (i)   section 21 (Powers on execution of works);

   (j)   sections 23 and 24 (Encroachments);

   (k)   section 27 (Lighting); and

   (l)   section 28 (Power to arrest offenders on view without warrant).

   (3) For the purposes of this section, references to the Director in the Main Roads Act shall be construed in relation to this Act as a reference to the concessionaire.

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