Roads Act 2020

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Section
1 Short Title
2 Interpretation
3 Purpose
4 Responsibility for Roads
5 Building of new Roads
6 Classification of Roads
7 Rights of Road Users
8 Road Maintenance Fund
9 Road Maintenance Fund Steering Committee
10 Permits
11 Prohibited acts
12 Restricted vehicles on certain public roads
13 Metal tyres
14 Removal of objects left on a public road
15 Delegations
16 No Personal Liability, employees of the Ministry
17 General Offences
18 Regulations
19 Repeal
20 Transition
SCHEDULE 1
ROAD CLASSIFICATION
SCHEDULE 2
ROADS CLASSIFICATION CRITERIA
SCHEDULE 3
PERMIT FEES

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

The building, maintenance, and the protection of the integrity of all public roads and road assets shall be the responsibility of the Ministry.

(1) The decision to build a new public road shall first be made and approved by the Minister responsible for Lands. In doing so, that Minister for Lands shall be satisfied that the required land is available, and all legal requirements have been met.

(2) Whenever the Minister for Lands deems it advisable to proclaim any new road to be a public road, whether such new road be a metalled road or not, he shall cause a copy of such proclamation to be first published in the Gazette and from the date of the publication of such proclamation the said road shall become a public road, and all the laws and Regulations now in force or hereafter to be enacted or made will be applicable to such proclaimed road.

(3) It shall not be necessary or incumbent upon the Minister for Lands to publish any proclamation in the Gazette relating to roads which are currently already used, known as, and have been considered as a public road.

(4) The description of surveys and coordinates for the new road shall be provided by the Ministry for Lands.

(5) The building, maintenance, and protection of the integrity of new roads shall be the responsibility of the Ministry responsible for Land Transport.

(2) The Ministry shall collate and maintain a register of all roads and their classifications according to levels of public access.

(3) The levels of public access may include but is not limited to primary, secondary, tertiary, local and general access.

(4) Road classifications and road criteria are as set out in the Schedule 1 and 2 of this Act.

(1) A member of the public is individually entitled as of right to pass along a public road, whether on foot, or in a vehicle.

(2) An owner or occupier of any land which adjoins a public road is entitled as of right to access the public road from that land.

(3) The rights of road users are subject to any restrictions, limitations or conditions which may be specified by or under this Act.

(4) Any road user who is affected by an order, permit, or other administrative act or decision made under this Act shall first appeal in writing to the Minister for reconsideration of the matter.

(1) The Road Maintenance Fund is hereby established by the Minister for Finance and National Planning, pursuant to the Public Finance Management Act 2002.

(2) The Road Maintenance Fund shall have an account under the control of the Minister responsible for Finance and National Planning.

(3) The Road Maintenance Fund shall be a revolving fund, and is not subject any fiscal year limitation and the annual budgetary requirement for funds to be utilized within a financial year.

(4) The Ministry shall utilize the Road Maintenance Fund only for the purpose of -

(6) The Fund may be a depository for monies allocated to it from, including but to restricted to –

(7) The Road Maintenance Fund shall be used exclusively to finance only those matters set out in this Act.

(3) A quorum of meetings shall be at least four members including the Chair, who shall attend all meetings of the RMFSC.

(4) The functions of the RMFSC are to meet and regularly report and advise the Cabinet on –

(1) A person must first apply to, and obtain from the Ministry, a permit to carry out an activity for which a permit maybe required under this Act.

(2) Subsection (1) does not apply to Ministry employees who are using, carrying out work on, or occupying land transport infrastructure for the purposes of building, maintenance and protection of the integrity of public roads.

(3) A person wanting to carry out work that affects the road, or to occupy a public road or land transport infrastructure, shall apply in writing to the CEO for a permit, and pay the prescribed fee in Schedule 3. The permit fee may include an amount for resealing of the road.

(4) Where the CEO receives an application under subsection (3), the CEO may issue a permit where the CEO is satisfied that the person meets such Ministry conditions as may be required.

(5) A permit issued under this section may contain such terms and conditions as the CEO considers appropriate in the circumstances, and any other terms and conditions.

(6) For the purposes of this section, work on a public road or land transport infrastructure includes work above or below the surface of the public road, to any height or depth required.

(7) The CEO may require a monetary bond from any person applying for a permit, in an amount which in the CEO's reasonable opinion will be required to repair the road to its original state after completing the permit works.

(8) Monetary bonds will be returned to the permit holder after completion of the installation, provided the CEO is satisfied that the road has been repaired to its original state.

(9) Any person who is required by the Ministry to repair a road after carrying out permit works, shall complete the repair according to Ministry road standards as may be required.

(10) Where a person fails to repair a public road or land transport infrastructure to the condition required, the person shall be liable to reimburse the Ministry for the cost of the repair, or forfeit that component of the bond required by the Ministry to repair the road to its original state, whichever the case may be.

(11) Failure to repair the road as required under this section is an offence under this Act.

(12) Every person who fails to comply with any of the provisions of this section shall be guilty of an offence against this Act for which he shall be liable to a fine not exceeding $100,000.

(3) Application for a permit under (2) shall be made in writing to the CEO, together with the permit fee.

(4) Permits shall not be issued under this section unless the CEO is satisfied that the activity applied for will not be detrimental or not likely to cause irreparable damage to the road asset and the maintenance and protection of its integrity.

(5) Every person who fails to comply with any of the provisions of this section shall be guilty of an offence against this Act for which he shall be liable to a fine not exceeding $100,000.

The Ministry may, by Order, prohibit the use of certain public roads and land transport infrastructure, by vehicles whose total excessive weight, height or width would have a detrimental and potentially damaging effect on the road asset, and the maintenance and protection of its integrity.

(1) A person shall not cause a vehicle of any size that uses metal tyres or other non-rubber equipment to use a public road, without first applying for and obtaining a permit from the Ministry, and paying the applicable fee.

(2) Permits shall not be issued under section 10 for the use of a vehicle under this section, unless the CEO is satisfied that such use will not be detrimental or damaging to the road asset and the maintenance and protection of its integrity.

(1) The CEO may require a person who leaves an object on a public road in contravention of this Act, to remove the object or, where the person cannot be found, authorize an employee of the Ministry or any other person to remove the object and, if the object is one of value, store it, pending the object being claimed or sold under this section.

(2) Where an object is removed from a public road and stored under this section, the Ministry shall cause a notice to be published on two occasions in a newspaper and on the radio announcing the seizing and storing of the object.

(3) Where a person claims an object left on a public road, the person may, where the person can prove ownership of the object, retrieve the object from where it is stored, after paying such fees as may be imposed by the Ministry.

(4) An object not claimed within one month of the notice under subsection (2), may be sold or otherwise disposed of in such manner as may be prescribed.

(1) The Minister, CEO or Director may delegate in writing to any officer within the Ministry, all or any of their respective powers and functions under this Act, except the power to delegate.

(2) Delegated powers and functions may be exercised and performed by the delegate only in relation to the matters or class of matters specified in the instrument.

(4) A delegation does not restrict the exercise of that delegated power or function by the Minister, CEO, or Director making the delegation.

(1) No action or other proceeding shall be instituted against an employee of the Ministry for any act done in good faith in the execution or intended execution of any duty or service under this Act or the Regulations, or for any alleged neglect or default in the execution in good faith of that duty or service.

(2) No action or other proceeding shall be instituted against the Ministry for damages that a person suffers as a result of any act or omission of a person who is not an employee or agent of the Ministry.

is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both, or, if the person is a body corporate, to a fine of not more than $200,000.

is guilty of an offence and upon conviction shall be liable to a fine of not more than $10,000.

(3) Every director or officer of a body corporate who knowingly causes the corporation to commit, or permits it to commit, an offence under subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than one year, or to both.

(1) The Minister may, with the consent of Cabinet, make Regulations as are necessary or advisable to carry out effectively the intent and purpose of this Act, and for the due administration thereof.

(2) Without limiting the generality of subsection (1), the Minister may make Regulations under this Act -

The Public Roads Proclamation [Cap 50.04.1] is hereby saved and continued as a regulation under this Act and every road listed in that Proclamation is continued as a public road.

Characteristics	1-Primary	2-Secondary	3-Tertiary	4 - Local	5 - Access
Function	Routes of strategic and importance forms back- bone of road network	Major rural Roads and interurban collectors for Rural, and minor arterials, CBD Roads in Urban.	Local distributors in Urban and district distributors in Rural.	Residential collectors in Urban and local access roads in Rural.	All local access roads providing only local people access to the rest of the road network
	Major urban roads, and inter-urban roads for the rural and major arterials in urban.	Roads which provide mobility of moderate distance traffic, routes to essential services.	Provide for travel between smaller towns and districts	Roads providing local people access to the rest of the road network , the main function is to serve land uses next to the road network	The main function is to serve land uses next to the road network
	high flows of general traffic over longer distances	Provide a link between towns not situated on primary road network	Provide mobility for short trips between district centres and between higher level roads
	High design standards	Slightly lower design standards than primary road network.
Traffic Volume	Very Heavy ( ADT: > 2500)	Heavy (1200<ADT>250 0)	Medium (500<ADT>120 0)	Light (100<ADT>500 )	Very Light (ADT : < 100)
Public Transport	Main public transport Route		May or may not be a public transport route	Unlikely to be a public transport route	Unlikely to be a public transport route
Social Importance (evacuation roads, tourism roads, schools, health centres, cultural heritage etc.)	Include access to major service centres and Government Buildings, markets and other primary social services.	Include access to major service centres and Government Buildings, markets and other primary social services.	Minimum classification for all roads of social importance	Generally not a road of wider social importance	Generally not a road of wider social importance
Economic Importance (tourist attraction sites, agricultural areas and markets etc.)	include access to main agricultural areas, tourist attraction sites, airport, markets and other primary economic services	include access to main agricultural areas, tourist attraction sites, airport, markets and other primary economic services	Minimum classification for all roads of economic importance	Generally not a road of wider economic importance	Generally not a road of wider economic importance
Other Road Users	Require Separation between road and pedestrian access and cyclists due to risk of injury.	Allowance for Separation between road and pedestrian access and cyclists due to risk of injury.	Mixed used design although some key ones may require separation for pedestrians and cyclists	Mixed use design low speed environment	Mixed use design low speed environmen t
Design Standards	Rural and Urban Design Standards	Rural and Urban Design Standards	Single Design Standards	Single Design Standards	Single Design Standards
Design Parameters (Lane width, shoulder required, seal type, speed, drainage, footpaths, onroad cycle path, alignment of service utilities etc.)	Eg. Must be Sealed, with shoulder reinstateme nts, must make provisions for service utilities, with footpaths and drainage in urban. High speed limit in rural.	Must be Sealed, with shoulder reinstatements, must make provisions for service utilities, with drainage and footpaths in some areas for urban, High speed limit for rural.	Must be Sealed, with shoulder reinstatements, must make provisions for service utilities, drainage and footpaths in some areas for urban.	Typically Gravel in rural, sealed in Urban areas.	Gravel /Dirt Road, May be sealed in urban areas if funded by the developer / community
Examples	Taufa'ahau, By pass, Hihifo Rd	Salote, Wellington, Liku and Loto Rd	Fatafehi and Tupoulahi, Vaiola Road, Matalafa Rd	Tungi Rd and Longoteme Road	Penny Lane -Gravel Access Roads to rural blocks

General	Classification	Description
Major	Primary	Significant arterial routes of importance and inter-village road links with high traffic volumes
	Secondary	Significant inter-village road links with moderate traffic volumes
	Tertiary	Interconnecting roads between primary and secondary roads and roads
Minor	Local	Access to a number of minor village or urban or rural access roads
Minor	Access	Access to small number of individual urban or rural properties.

Section Number	Application Fee	Permit Fee
10(3)	$50	$50 per day of work plus the Ministry's cost of resealing
11(3)	$50	$50 per day of activity
13(1)	$50	$50 per trip

Tonga Sessional Legislation

Roads Act 2020