THE ROAD AND FUEL TOLLS REGULATIONS, 2016
These Regulations may be cited as the Road and Fuel Tolls Regulations, 2016.
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These Regulations may be cited as the Road and Fuel Tolls Regulations, 2016. This section defines key terms used in the Regulations. An implementing agency must develop and then implement the road asset management system, working with the Board and following a Board-set timeframe; the system must include specified maintenance and traffic management components. The Board must not issue funds to an agency that contravenes the regulation. An implementing agency must design and carry out road maintenance work according to the required manuals, drawings, and engineering standards, and must not start road development work unless a proper feasibility study and proper designs and drawings are in place. An implementing agency must prepare a road maintenance operational plan, submit it to the Board for approval, and use the roads maintenance management systems when preparing the plan and budget.
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Provisions of THE ROAD AND FUEL TOLLS REGULATIONS, 2016
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- 1 Verify source ↗
Citation
AI-assisted research summary: These Regulations may be cited as the Road and Fuel Tolls Regulations, 2016.
1. These Regulations may be cited as the Road and Fuel Tolls Regulations, 2016. Interpretation - 2 Verify source ↗
Interpretation
AI-assisted research summary: This section defines key terms used in the Regulations.
2. In these Regulations unless the context requires Cap 220 Cap 220 otherwise- “Act” means the Roads and Fuel Tolls Act; “administrative costs” means the share of the total office running costs that are directly related to road works in terms of stationeries, consumables, maintenance and repair of office equipment and supervision vehicles; “Board” means the Roads Fund Board established under the Act; “directors has meaning prescribed to it under the Local Government Authorities Act; “contingency costs” means any amount of money budgeted for any unforeseen activities; Cap.63 “debris” means any loose fragments or material; “registered engineer” has the meaning ascribed to it under the Engineers Registration Board Act; “implementing agency” means TANROADS or a road agency which receives funds from the Board to undertake road activities; “force account” has the meaning prescribed to it under the Public Procurement Act; 3 GN. No. 80 (contd.) Road and Fuel Tolls Regulations “ monitoring” means examining and verifying that the road works are being executed in accordance with the performance agreement; “supervision costs” means travel expenses, per-diems, allowances and costs related to supervision of road works’; “TANROADS” has a meaning ascribed to it under the Act. PART II ROADS MAINTENANCE AND DEVELOPMENT Roads asset management system
Part
PART II
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Road asset management system
AI-assisted research summary: An implementing agency must develop and then implement the road asset management system, working with the Board and following a Board-set timeframe; the system must include specified maintenance and traffic management components. The Board must not issue funds to an agency that contravenes the regulation.
3.-(1) An implementing agency shall in consultation with the Board develop the road asset management system. (2) Subject to sub regulation (1) an implementing agency shall implement the road asset management system within the time frame as may be determined by the Board. (3) The road asset management system shall include a- (a) road maintenance management system; (b) bridge maintenance management system; (c) pavement management system; (d) traffic management system; and (e) any other road management system to be prescribed by the Board. (4) The Board shall not issue funds to an implementing agency that contravenes this regulation. Design for road works - 4 Verify source ↗
Design for road works
AI-assisted research summary: An implementing agency must design and carry out road maintenance work according to the required manuals, drawings, and engineering standards, and must not start road development work unless a proper feasibility study and proper designs and drawings are in place.
4.-(1) An implementing agency shall design road maintenance works in accordance with the road maintenance manuals or guidelines as may be prescribed by the roads Minister. (2) An implementing agency shall carry out major maintenance works in accordance with the appropriate design and drawings. (3) For the purposes of regulation major this maintenance works includes- (a) periodic maintenance (b) spot improvement; and (c) bridge major repairs; 4 GN. No. 80 (contd.) Road and Fuel Tolls Regulations (4) The appropriate designs in sub regulation (2) shall be in accordance with- (a) the pavement and material design manuals; (b) the field test manual; (c) the laboratory testing manual; and (d) any other equivalent engineering standards which may be approved by roads Minister . (5) An implementing agency shall not carry out any road development work unless: (a) a proper feasibility study is conducted; (b) proper designs and drawings are prepared in accordance with engineering standards as may be prescribed by the roads Minister. - 5 Verify source ↗
Road maintenance operational plan
AI-assisted research summary: An implementing agency must prepare a road maintenance operational plan, submit it to the Board for approval, and use the roads maintenance management systems when preparing the plan and budget.
5.-(1) An implementing agency shall prepare a road maintenance operational plan and submit it to the Board for approval. (2) Roads that are not Gazzetted under the Roads Act shall not be included in the maintenance plan. (3) An implementing agency shall use the roads maintenance management systems in preparing maintenance operational plan and budget. - 6 Verify source ↗
Road development operational plan
AI-assisted research summary: An implementing agency must prepare a road development operational plan and submit it to the Board for approval, and it must consider existing government policies, strategies, and plans when preparing the plan. Road maintenance funds must not be used for development works.
6.-(1) An implementing agency shall prepare a road development operational plan and submit to the Board for approval. (2) In preparing the road development operational plan, an implementing agency shall take into account the existing short, medium and long term government policies, strategies and plans. (3) The funds allocated for road maintenance shall not be used for carrying out developments works. Road maintenance operational plan Cap.167 Road development operational plan Preparation of roads works - 7 Verify source ↗
Preparation of road works
AI-assisted research summary: Implementing agencies must prepare the road-works drawings, specifications, bill of quantities, and contract, and must use the most effective maintenance approach available.
7.-(1) Every implementing agency shall, for the purposes of carrying out any road works, prepare appropriate drawings, specifications, bill of quantities and the contract. (2) The bill of quantities and contract prepared under include contingency and sub-regulation (1) shall not supervision costs. 5 GN. No. 80 (contd.) Road and Fuel Tolls Regulations Procurement of works, goods and services Cap 410 Performance agreement (3) An implementing agency shall apply the most effective approach that may include framework, performance based maintenance management of roads, force account and any other appropriate approach for maintenance of works. - 8 Verify source ↗
Procurement of works, goods and services
AI-assisted research summary: An implementing agency must act in accordance with the Public Procurement Act unless another rule is expressly provided.
8. Unless otherwise it has been expressly provided, services by an procurement of works, goods and implementing agency shall be in accordance with the Public Procurement Act. - 9 Verify source ↗
Performance agreement
AI-assisted research summary: The Board must make a performance agreement with each implementing agency every financial year, and it must be signed before the first release of funds.
9.-(1) Pursuant to the provisions of the Act, the Board shall, in every financial year enter into a performance agreement with an implementing agency. (2) The performance agreement referred to under sub regulation (1) shall be signed before the first release of funds in a particular financial year. (3) The performance agreement shall consider – (a) Labour based Technology Policy; (b) National Women and Gender Development Policy; (c) Environmental Protection Policy, (d) Road Safety Policy (e) the HIV/AIDS Policy; and (f) any other national policy. (4) The Board may, where it is satisfied, suspend the disbursement of funds to an implementing agency which breaches the terms of the performance agreement for such a period until the default has been rectified. Functions of the implementing agency to:- - 10 Verify source ↗
Functions of Implementing Agency
AI-assisted research summary: An implementing agency must carry out road works and related project controls, records, approvals, and reporting steps for its road works.
10.-(1)Functions of an implementing agency shall be (a) execute road works in accordance with the signed performance agreement (b) carry out quality control for all road works carried out within its jurisdiction in accordance with the laboratory and field test manuals approved by the Roads Minister and keep quality control test results in the respective project files. (c) ensure that any planned work is executed within the time, cost and quality stipulated in the relevant contract. 6 GN. No. 80 (contd.) Road and Fuel Tolls Regulations (d) approve the contractors’ valuations after- (i) verifying that the work has been executed as per the contract; and (ii) work measurement have been taken and recorded in the measurement sheets; (e) keep and maintain the following project files- (i) contract file; and (ii) force account. (f) issue and keep a record of substantial, final completion certificates and final accounts of the project for the executed road works (g) carry out spot improvements on short road sections that are in poor conditions for the purposes of maintaining accessibility to such roads; and (h) use the percentage of funds to be allocated by the Board to cover road related administrative costs which shall include- (i) supervision costs; (ii) administration costs ;and (iii) any other related costs to be determined by the Board. (2) The measurement sheets provided in sub-regulation (1) (d) (ii) shall include drawings or sketches, calculations and locations of pay item and shall, together with quality control test results, be attached to the payment certificate. (3) The contract project file provided in sub regulation (1) (e)(i) shall contain the following- (a) copies of procurement documents; (b) site photographs; (c) site instructions; (d) minutes of site meetings; (e) a copy of the contract agreement; (f) payment certificates; and (g) any other relevant correspondences for inspection and audit. Roads works to be outsourced - 11 Verify source ↗
Road works to be outsourced
AI-assisted research summary: Road works are to be outsourced to improve efficiency, and force account may be used only as allowed by the Performance Agreement.
11. Road works shall be outsourced to promote efficiency and force account may be used to the extent as prescribed in the Performance Agreement. 7 GN. No. 80 (contd.) Responsibilities of chief Executive and directors Photographs for road works Monitoring of roads works by Board Road and Fuel Tolls Regulations - 12 Verify source ↗
Responsibilities of a Chief Executive and directors
AI-assisted research summary: Chief Executive and council directors are responsible for supervising road works in their own areas of jurisdiction.
12. Chief Executive and council directors shall be responsible for the day to day supervision of road works in their respective areas of jurisdiction and where need arises consultants may be employed to enhance the supervision capacity. - 13 Verify source ↗
Photographs for road works
AI-assisted research summary: Chief Executive and Council Directors must take photographs of road works before, during, and after an intervention.
13.-(1) In carrying out their supervisory roles, the Chief Executive and Council Directors shall take photographs for roads works before, during and after an intervention. (2) The photographs referred to under sub regulation (1), shall form part of the progress report whose copies shall be kept in the respective project files. - 14 Verify source ↗
Monitoring of roads works by Board
AI-assisted research summary: The Board must monitor certain fund use, appoint an agent for monitoring, and the Chief Executive Officer must monitor road works and report to the Board.
14.-(1) The Board shall monitor the use of funds disbursed to TANROADS or roads agencies for the purpose of the objectives of the Fund. (2) In carrying out monitoring of utilisation of funds, the Board shall appoint an agent for that purpose. (3) The Chief Executive Officer shall be responsible for monitoring road works executed by regional managers and prepare a report on such monitoring to be submitted to the Board. (4) Where monitoring is carried out under sub regulation (1), the implementing agency concerned, within seven days from the date of notice of monitoring shall make available to the monitoring team , the following- (a) Books of Accounts; (b) Bank Reconciliation Statement (c) records and other documents; (d) Correspondence; (e) statements and information relating to goods, works and services financed by the Fund; and (f) any other information as the Board may determine. Provided that – (i) the books, accounts, records and other documents shall not , in the course of inspection, be removed from the premises at which they are produced, (ii) the monitoring team may make copies of any books, accounts records and other documents required for the purposes of its report; and (iii) all information obtained in the course of the 8 GN. No. 80 (contd.) Road and Fuel Tolls Regulations monitoring shall be treated as confidential and used solely for the purposes of the Act. (5) Where monitoring the implementing agency shall avail the information in sub regulation (4), upon immediate request of the monitoring team. is under special audit, (6) An implementing agency that contravenes sub regulation (4), commits an offence and is liable to a suspension of disbursement of funds until it complies with the requirements. Provided that a person who furnishes or makes a statement which he knows to be false or misleading commits an offence. Monitoring by Ministry responsible for local government - 15 Verify source ↗
Monitoring by Ministry responsible for local government
AI-assisted research summary: The Permanent Secretary responsible for local government must monitor road works carried out by local government authorities and prepare a report for the Board.
15. Without prejudice to provisions of regulations 14, the Permanent Secretary of the Ministry responsible for local government shall monitor all road works executed by local government authorities and prepare a report to be submitted to the Board. Collection and transfer of funds PART III MANAGEMENT AND CONTROL OF ROADS FUND
Part
PART III
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Collection and transfer of funds
AI-assisted research summary: The Board may appoint an agent to collect certain revenue, and the agent must remit it to the Board’s bank account and submit monthly returns.
16.-(1) The Board may appoint and enter into contract with an agent for the collection of revenue from sources other than fuel levy and transit charges. (2) Subject to provisions of sub regulation (1), the agent shall remit such revenue collected directly to the Board’s bank account on a monthly basis. (3) The agent shall submit monthly returns to the Board. Operational plans - 17 Verify source ↗
Operational plans
AI-assisted research summary: An implementing agency must prepare required operational plans, have them reviewed and approved by the Board, and consider specified factors when preparing an operational plan and budget.
17.-(1) An implementing agency shall prepare the following plans containing information to be prescribed by the Board; (a) an annual operational plan; (b) a three year medium term operational plan at least three months before the commencement of a financial year; and (c) a five year strategic operational plan at least three months before the commencement of a financial year. (2) The operational plans in sub regulation (1) shall contain information to be prescribed by the Board. 9 GN. No. 80 (contd.) Road and Fuel Tolls Regulations (3) The plans prepared under sub regulation(1), shall be reviewed and approved by the Board for the purposes of determining- (a) the affordability of the plans; and (b) the appropriateness of allocated in the plans. the amounts of money (4) In preparing an operational plan and budget, an implementing agency shall consider: (a) the road inventory; (b) the condition of roads and jurisdiction; and traffic within its (c) any other economic or social factors. (5) The midterm review shall be conducted on plans prepared under sub regulation (1). (6) An implementing agency that contravenes the provisions of sub regulation (1) commits an offence and shall be liable for a suspension of disbursement of funds for such period until it complies. - 18 Verify source ↗
Books of accounts
AI-assisted research summary: Implementing agencies must keep separate books of accounts for road fund activities and make them available to the Board for monitoring.
18.-(1) Every implementing agency shall keep and maintain separate books of accounts in relation to road fund activities. (2) The books of accounts in sub regulation (1) shall be- (a) cash receipt and payment books; (b) journal books; (c) ledger accounts; and (d) asset register book. (3) The books of accounts kept and maintained under this regulation shall be made available to the Board for monitoring. (4) The Board shall suspend disbursement of the funds to an implementing agency which contravenes the provisions of this regulation. - 19 Verify source ↗
Records
AI-assisted research summary: Every implementing Agency must keep records of all transactions in line with the Public Finance Act.
19. Every implementing Agency shall keep record of all transactions in accordance with the Public Finance Act. - 20 Verify source ↗
Collection of information
AI-assisted research summary: The Board may require implementing agencies to provide information needed for the Board’s functions.
20. The Board may require any implementing agency to submit to it any information it may require for proper discharge of its functions. Books of accounts Records Cap 348 Collection of information Technical and - 21 Verify source ↗
Technical and financial audit
AI-assisted research summary: The Board must regularly carry out technical and financial audits as part of its monitoring role.
21.-(1). The Board shall regularly conduct a technical 10 GN. No. 80 (contd.) Road and Fuel Tolls Regulations financial audit and financial audit as part of its monitoring function. (2) In conducting the audit under sub regulation (1), the Board may engage an independent technical auditor to audit road works carried during a particular period. (3) Without prejudice to the provision of sub regulation (2), the Board may conduct a preventive technical audit on ongoing road works projects. Special audit Duties of implementing agencies - 22 Verify source ↗
Special audit
AI-assisted research summary: Any person may lodge a complaint or allegation of misuse of funds against an implementing agency, and the Board may conduct a special audit in response or on its own motion.
22.-(1) Any person may the Board a complaint(s) or allegation(s) of misuse of funds against any implementing agency. lodge to (2) Without prejudice to sub regulation (1) the Board may, where it is satisfied, on the complaint lodged against any implementing agency, shall conduct a special audit for determination of such complaint(s) or allegation(s). (3) Notwithstanding sub regulation (1) the Board may on its own motion conduct a special audit where it has reason to believe that there is a misuse of funds by an implementing agency. - 23 Verify source ↗
Duties of implementing agencies
AI-assisted research summary: An implementing agency must carry out a list of road-management and fund-use duties, and the Board may direct additional duties.
23. Notwithstanding any obligation imposed on an an implementing implementing agency shall, for the purposes of utilising funds received from the Fund- these Regulations, agency under (a) maintain, rehabilitate and develop the categories of roads within its own jurisdiction; (b) develop and operationalise a road asset management system; (c) prepare operational plans; (d) open a dedicated bank account into which all monies received from the Fund shall be kept; (e) submit various reports; (f) utilise disbursed funds according to the performance agreement; (g) put in place and implement quality control and quality assurance system; (h) manage road reserve; (i) supervise and monitor road works; (j) perform any other duties as the Board may direct; 11 GN. No. 80 (contd.) Road and Fuel Tolls Regulations Implementing report (k) ensure the proper cleaning of roads and drainage systems; and (l) Ensure that in cleaning roads and drainage systems, the debris and solid waste are not dumped on the road shoulders, drainage systems and road reserve areas. - 24 Verify source ↗
Implementing report
AI-assisted research summary: The Board may require the implementing agency to submit a report on specified problems and conditions linked to funded works and spending.
24. The Board shall for the purposes of carrying out its functions, require the implementing agency to submit a report on- (a) misappropriation of funds by an officer of the implementing agency where implementing agency failed to report the incident to the relevant authority; that (b) reallocation of funds without an approval by the Board; (c) a disclaimer or an adverse opinion by the Controller and Auditor General; (d) failure to utilise or commit a percentage of the disbursed funds ,as may be stated in the performance agreement, by the implementing agent; (e) physical and technical evidence that, the money spent by an implementing agency does not commensurate with the work done; (f) professional engineer who has been employed by the implementing agency for the purposes of supervising road works funded by the Board; (g) proper cleaning of the urban roads and drainage system; or (h) debris and solid waste are dumped on the road shoulders, drainage systems and the road reserve area. PART IV DISBURSEMENT OF FUNDS Allocation of funds
Part
PART IV
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Allocation of funds
AI-assisted research summary: The Board must prescribe how funds are allocated to implementing agencies, with Roads Minister approval, and must consider specified factors when allocating funds for road maintenance and road development.
25.-(1) The Board shall, with the approval of the Roads Minister, prescribe for allocation of funds to implementing agencies. (2) In determining the allocation of funds for road maintenance the Board shall consider the – (a) condition of the roads; 12 GN. No. 80 (contd.) Road and Fuel Tolls Regulations (b) length of the road network; (c) relevant volume of traffic; (d) Needs derived from an approved management tool; and (e) Any other factors which the Board may determine. (3) In determining the allocation for roads development the Board shall consider the following:- (a) Economic factors; (b) Social factors; (c) Technical criteria; and (d) Any other factors which the Board may determine. (4) An implementing agency shall, when allocating funds to activities within its jurisdiction, be guided by the allocation formula to be prescribed by the Board. Use of roads funds - 26 Verify source ↗
Use of roads funds
AI-assisted research summary: Money in the Fund must be used only for the listed road-related purposes, and the Board can suspend or withhold disbursements if agencies misuse funds.
26.-(1) The money deposited in the Fund shall be used for- (a) roads maintenance and related administrative costs, such as: (i) routine maintenance; (ii) periodic maintenance; (iii) spot improvement; (iv) bridge preventive maintenance; (v) bridge major repairs; (vi) emergency maintenance; (b) development and related administrative costs, such as:- (i) upgrading; (ii) rehabilitation; (iii) reconstruction; (iv) new construction; and (v) Feasibility studies. (c) roads related administrative costs, such as:- compensation; supervision; (i) (ii) (iii) weighbridge maintenance, operations and improvements; (iv) administration; (v) research and development; 13 GN. No. 80 (contd.) Road and Fuel Tolls Regulations road safety; (vi) (vii) road and bridge management systems; (viii) road reserve management; or (ix) any other activities which may be proposed by the implementing agency and etermined by the Board. (2) Funds allocated to the implementing agencies shall not be used for any purposes, other than those provided under these regulations. (3) The implementing agency shall employ such number of engineers for purposes of management of roads to ensure effective utilisation of the funds in accordance with the performance agreements. (4) The Board shall suspend fund disbursements to the implementing agency that contravenes these regulations. Disbursement of funds 27-(1) The Board shall disburse funds implementing agencies according agreements and the approved operational plans. to the the performance to (2) The implementing agencies that transfer funds for purposes other than those provided in these regulations and its subsequent the performance agreement, shall have disbursements withheld until the transferred funds has been remitted back to the dedicated bank account for the Roads Fund. the full amount of Suspension of disbursement - 28 Verify source ↗
Suspension of Disbursement
AI-assisted research summary: The Board must stop fund disbursements to an implementing agency if required reports or acknowledgements are missing, and implementing agencies must follow the reporting dates set in performance agreements or by the Board.
28.-(1) The Board shall suspend disbursement of funds to an implementing agency where there is no- (a) (b) (c) (d) (e) (f) quarterly progress reports; annual reports; reports on maintenance needs by December of each year; reports on road asset value; a written acknowledgement of receipt of the funds; and any other report as the Board may direct. (2) The implementing agencies shall, in submitting the reports referred to under subregulation (1), abide by the dates specified in the performance agreements or as required by the Board. 14 GN. No. 80 (contd.) Road and Fuel Tolls Regulations Payment procedures Cap. 348 Cap 290 PART V GENERAL PROVISIONS
Part
PART V
- 29 Verify source ↗
Payment procedures
AI-assisted research summary: Payments under these Regulations must follow the Public Finance and Local Government Finance Acts, and implementing agencies must keep supporting documents for payment certificates and road works costs.
29.-(1) All payments under these Regulations shall be made in accordance with the provisions of the Public Finance and the Local Government Finance Acts. (2) The implementing agencies shall make payments for certificates substantiated by relevant documents that include site works measurement sheets, materials and quality control test results in accordance with the specifications in the contracts. (3) The proper documentation of the use of materials, labour and equipment including supervision costs for roads works by force account shall be maintained as proof of payments. Guidelines, Operations Manual and Instructions The Board may issue guidelines, operation Mannuals and Instructions for the better carrying out of the provisions of the Act. Dar es Salaam, 05th February, 2016 2016 PHILIP I. MPANGO, Minister for Finance and Planning 15
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