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Zambia Statutory instrument

Zambia legislation

Zambia Development Agency (Multi-Facility Economic Zones) (Priority Sectors) (Declaration) Order, 2007

Section 64 concerns being found to have overloaded the maximum axle or laden weight. The text says a person was found to have driven away an impounded vehicle. This provision refers to a person be…

administrative enforcementappealsauction saleaxle loadaxle load complianceaxle loadsaxle weight limitscertificationcompensationcompliancecompliance inspectioncourt administrationdata transmissiondriver finesenforcementequipment authorizationequipment managementfeesfine paymentinspectionload carryingoverload chargesoverload determinationoverload offencesoverloaded vehiclesoverwidth/overweight vehiclespaymentpayment and release of detained vehiclespayment collectionpayment recoverypenaltiespermit applicationpermit compliancepermit enforcementpermit withdrawalpermitspublic administrationquality systemsreceiptsrecordkeepingroad damageroad damage compensationroad safetyroad service licensingroad transportroad transport complianceroad transport penaltiesroad usesite operationsspecial permit for abnormal loadsstaff disciplinesurchargestraffic enforcementtraffic signstransporttransport operationstransport regulationvehicle compliancevehicle detentionvehicle dimensionsvehicle load limitsvehicle loadingvehicle loading compliancevehicle movementvehicle overload enforcementvehicle overloadingvehicle permitsvehicle releasevehicle weighingvehicle weightvehicle weight detectionvehicle weight limitsvehicle weight measurementvehicle weightsweighbridge accreditationweighbridge administrationweighbridge certificatesweighbridge complianceweighbridge controlweighbridge enforcementweighbridge inspectionweighbridge operationsweighbridge proceduresweighbridge regulationweighbridgesweighing proceduresworker identificationworkforce management
Jurisdiction
Zambia
Structure
67 provisions
Citation
SI 27 of 2007
Dates
Undated source snapshot
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Dates
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01

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“Section 64 concerns being found to have overloaded the maximum axle or laden weight.”

Section 64 concerns being found to have overloaded the maximum axle or laden weight. The text says a person was found to have driven away an impounded vehicle. This provision refers to a person being found to have refused or neglected to comply with a requirement under subsection (2) or (3). This provision says a person was found to have obstructed an officer’s function. This provision refers to being found to have driven a vehicle in breach of subsection (I).

02

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( 1 ) Where an authorised weighbridge officer has

An authorised weighbridge officer must detain a vehicle if it is non-compliant or the driver has offended the law, give a detention notice, and keep the vehicle and specified documents detained until compliance and payment are settled.

Section 38

04

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Showing 67 of 67 provisions

Provision 50Offence 14Amendment 3
§ 1Section 64: found to have overloaded the maximum axle or laden weightProvision

Section 64 concerns being found to have overloaded the maximum axle or laden weight.

1. Section 64: found to have overloaded the maximum axle or laden weight
Section 1Verify source
§ 2I n this Order, unless the context otherwise requiresProvision

The text says a person was found to have driven away an impounded vehicle.

2. Section 66: found to have been driving away impounded vehicle.
Section 2Verify source
§ 3The Second Schedule to the Act is amended by the insertionAmendment

This provision refers to a person being found to have refused or neglected to comply with a requirement under subsection (2) or (3).

3. Section 67 -(5) (a): Found to have refused or neglected to comply with any requirement under subsection (2) or (3).
Section 3Verify source
§ 4Section 67 (5) (b): Found to have obstructed an officer's functionProvision

This provision says a person was found to have obstructed an officer’s function.

4. Section 67 (5) (b): Found to have obstructed an officer's function.
Section 4Verify source
§ 5Section 67 A-4 (a): Found to have driven a vehicle in contravention of subsectionProvision

This provision refers to being found to have driven a vehicle in breach of subsection (I).

5. Section 67 A-4 (a): Found to have driven a vehicle in contravention of subsection (I).
Section 5Verify source
§ 6Section 67A-(4) (b): Found to have caused or permitted a vehicle to be driven inProvision

This provision refers to being found to have caused or allowed a vehicle to be driven against subsection I.

6. Section 67A-(4) (b): Found to have caused or permitted a vehicle to be driven in contravention of subsection I.
Section 6Verify source
§ 7Section 67A-(4) ( c ) : Found to have failed to comply within reasonable time withProvision

If someone has failed to comply with a direction under subsection (2) within a reasonable time, that failure is noted under this provision.

7. Section 67A-(4) ( c ) : Found to have failed to comply within reasonable time with a direction under subsection {2)
Section 7Verify source
§ 8Section 67B (a): absconded from the weighbridgeProvision

Section 67B(a) refers to absconding from the weighbridge.

8. Section 67B (a): absconded from the weighbridge
Section 8Verify source
§ 9Section 67B (b): Found to have been driving, caused or permitted a vehicle to beProvision

This text refers to driving, causing, or permitting a vehicle to be driven in contravention of section 67A(1).

9. Section 67B (b): Found to have been driving, caused or permitted a vehicle to be driven in contravention of section 67 A (1).
Section 9Verify source
§ 10Section 67C -(7): Found to have damaged road or road furnitureProvision

The text refers to cases where a person has damaged road or road furniture, or has exceeded the maximum laden or axle weights for a vehicle with an awkward load.

10. Section 67C -(7): Found to have damaged road or road furniture I I. Section 67D - (I) ( c ) : Found to have exceeded the maximum laden/axle weights for a vehicle with awkward load.
Section 10Verify source
§ 12Section 68: Found without valid weighbridge certificateOffence

This is a form for a driver accused of being found without a valid weighbridge certificate to admit the offence and agree to pay fines and related charges on the spot.

12. Section 68: Found without valid weighbridge certificate I. I hereby admit that! am guilty of the offence (s) No ................ Charged, and declare willingness to pay the fines on the spot without appearing in court as prescribed in Section 68A (I) unless a court procedure is mandatoiy, and understand that my signature will effect compensation for road damage to be paid by the owner of the vehicle. I agree to pay to the prescribed RDA officer on spot the fme(s) for the offences I have committed. Description of offence(s) Amount due • Sum 112 Statutory Instruments 13th April, 2007 I have agreed to notify the owner of the vehicle to pay on the spot the sum of .......... as compensation fee for road damage before a release order of vehicle and goods can be issued. I have agreed to notify the owner of the vehicle to pay on the spot the sum of .... As awkward load penalty before a release order of vehicle and goods can be issued. That the charges have been interpreted and explained to me and I have understood the charges as admitted by myself. Signature of the Driver: ........................... : . . Date: ..................... , .... . Weighbridge Officer's Certification I. I certify that I have interpreted the foregoing to the accused person whose signature appears above, and the best of my knowledge the offender has understood the meaning. RDA officer's Signature ........................... Date:
Section 12Verify source
§ 2I n this Order, unless the context otherwise requiresProvision

This form is for a permit to use an overwidth or overweight vehicle, and the Road Development Agency may withdraw the permit without prior notice.

2. J certify that the amount of ...................... has been duly paid as fine and that a receipt No. . ............................................ has been issued to the offender. Authorised RDA officer's signature ........................... .. Date: .................... . LUSAKA 2nd April, 2007 K. SJMBAO, Minister of Works and Supply .. • 13th April, 2007 Statutory Instruments 105 SEVENTH SCHEDULE LIST OF FORMS Form No. Title FORM PR! FORM PR 2 FORM PR3 FORMPR4 FORM PRS Permit for the use ofan overwidth or overweight vehicle (Regulation 8) Weighbridge Certificate (Regulation 34) Notification to detain vehicle (Regulation 35) Notification to release vehicle (Regulation 36) Admission of guilty form 106 Statutory Instruments 13th April, 2007 Date ...................... . FORMl No. 00580� MINISTRY OF WORKS AND SUPPLY ROADS DEVELOPMENT AGNCEY PERMIT FOR THE USE OF AN OVERWIDTH OR OVERWEIGHT VEHICLE This authorizes ............................................................................................... .. ofP.O Box ..................................................................................................... . To use the under mentioned vehicle on the routes shown, subject to the issue of a Road Service License in the case of the Public Service Vehicle, on condition that it will be operated only during favorable road and weather conditions. The Director and Chief Executive of Road Development Agency reserve the right to withdraw the permit without prior notice. Vehicle Registration No ...................................................................................... . ...................................................................................................................... Description .................................................................................................... . Total weight in (Kg) ............ ...... ... ............ (To include passengers, load.fuel, crew and vehicle) Maximum Load in Kg on each axle ....................................... , ........................ .. Routes(s) Expiry Date: Endorsement:
Section 2Verify source
§ 1This permit does not excuse the holder from complying with the weight restrictionsProvision

The permit holder must still follow vehicle weight restrictions and maximum dimension regulations.

1. This permit does not excuse the holder from complying with the weight restrictions imposed by by-laws and regulations on the use of vehicles in Cities, municipalities, Townships, and Mine Townships, or from complying with the regulations governing the maximum dimensions of the vehicle
Section 1Verify source
§ 2I n this Order, unless the context otherwise requiresProvision

Attach two red danger warning flags and the words “ABO NORMAL WIDE LOAD” to the front and rear of the configuration.

2. Attach two red danger warning flags and ABO NORMAL WIDE LOAD in front and rear of configuration
Section 2Verify source
§ 3The Second Schedule to the Act is amended by the insertionAmendment

Traveling time is limited to daytime, from 06:30 to 18:00, at a speed limit of SOKM/H.

3. Traveling time (only day time 06:30-18:00) at a speed limit SOKM/H
Section 3Verify source
§ 4Instruct the driver to STOP at all Weighbridges to have axle load checked, recordedProvision

Drivers are to stop at all weighbridges so axle load can be checked and recorded, and a weight certificate issued.

4. Instruct the driver to STOP at all Weighbridges to have axle load checked, recorded and a certificate of weight issued. Director and Chief Executive To be retained by: Original- Applicant Duplicate-RDA Headquarters Triplicate-Provincial Roads Engineer ................................ . Provincial Roads Engineer .............................................. . 13th April, 2007 Statutory Instruments 107 Application for Special Permit FORM S Name of Applicant: ... . . . . . . . . . .. . . . . . . . .. . . ..... . . . . . . . . . ... . . . . . . . . . . . . .. . ......... . . . . . .... . . . . . . . . . Address: . . . . . . . . . . . . ......... ...... . . . . . . . . . . . . . . . ..................... ... . . . . . . . . . . . . . . . .. . ..... . . . . . . . . Tel. No . . . . . . . . . . . . . . . . . . . . . . Vehicle Trailer I. Make ofVehicle . . . . . . . . . . . . ................ Reg. No . . . . . . . . . ........ . . . . . . . . . . . . . . Make ofTrailer . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . ... . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . .. . . . . .
Section 4Verify source
§ 2I n this Order, unless the context otherwise requiresProvision

This line appears to be a schedule or index entry for “Low Loader, Mobile Crane, etc” with “Kg” shown at the end.

2. Low Loader, Mobile Crane, etc .................................................. . Kg
Section 2Verify source
§ 3The Second Schedule to the Act is amended by the insertionAmendment

This appears to be a form section for recording tare weight and gross laden weight values for a vehicle and trailer.

3. Tare weight ofVehicle . . . . . . . . . . . . . . . . Tare weight of trailer . . . . . . . . . . . . . .. ..... . Kg Gross Laden weight . . . . . . . . . . , .... . Gross Laden weight . . . . . . . . . . . . . . TOTAL
Section 3Verify source
§ 4Description and weight payload(s)Provision

This section is titled “Description and weight payload(s)” and appears to relate to axle, wheel, and kilogram weight information.

4. Description and weight payload(s) . . . ......... . . . . . . . . . . . . . . . . ..... ......... . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . No. of Axle in Group No. of wheels i n group kg
Section 4Verify source
§ 5Maximum loading on 1st axle or 1st axle groupProvision

Heading for maximum loading limits on the 1st to 8th axle or axle group.

5. Maximum loading on 1st axle or 1st axle group ....... . . . . . Maximum loading on 2nd axle or 2nd axle group . . . . . . .. . Maximum loading on 3rd axle or 3rd axle group . . . . . . . . . Maximum loading on 4th �le or 4th axle group Maximum loading on 5th axle or 5th axle group Maximum loading on 6th axle or 6th axle group Maximum loading on 7th axle or 7th axle group Maximum loading on 8th axle or 8th axle group
Section 5Verify source
§ 6Configuration ofve��cle (see overleaf)Provision

Section 6 is titled “Configuration of vehicle (see overleaf)”.

6. Configuration ofve��cle (see overleaf)
Section 6Verify source
§ 7Routes to be usedProvision

Section 7 is titled “Routes to be used.”

7. Routes to be used .........................................................................................................
Section 7Verify source
§ 8Period d1:Jri�g which permit is requiredOffence

The schedule sets compensation fees for gross vehicle mass overload and lists summary fines for drivers who commit overload offences.

8. Period d1:Jri�g which permit is required . . . . . . . . . . . . . . . ...... . . . . . . . . . .. . . . . ...... . . . . . ........ .. -9. For regular-service state number of single journeys per day/ week / month Date . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 1 08 Statutory Instruments 13th April, 2007 Weighbridge Certificate FORM 2 Time: ........... Weighing site: ..... . . . ....... ...... Operator: ... ... ..... . . . . . . . . Date: . . . . . . . . . Vehicle Registration Number: .... .. ... .... . ..... . . .. . . Axle Configurations: ..... ..... . .... ... ..... .. . . Name and Address of Owner: . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . , . . . . .......... .. Drivers Name: ...................................... ......................................... . address: . . . . . . . . . . . . . . . . . . ... ............ Nationality: ...... . . . . . . .. . ........ ........ .... . Drivers Cargo: . . ...... .. . . .. . . . . ..... . Origin: ...... .. . . .. . . . . ... .. .. . . . . Destination: . . .... ... ... .... . . . . . . . . .. .... . Mobile scale Sum readings Left Right Load of Legal load axles/axle of axle/axle ,�mbinations combinations allowance plus Legal load Overload fo, charging .. purposes ,· - � - - - "' ' .. ·, ,, ' : ::'·, ' "' ;� • • . ''.•" · ' . • ' " ' ' .. ;• . t: ,; ' , . ;i• . , ; ,, •. . .. . .. ' ; : .. - - · . ., ' ,. ·;·,- . . ' " , • ' •1.,,, .. " ,·,- , . ,. ' " ' , . ' � .- ·?· ' . , This is to certify that the vehicle described above has this day been weighed with the results noted in the table. Operators signature Drivers signature Number Weighbridge Officer on Signature Number l¼ighbridge Officer on Signature Name dutv Name dutv Axle/ group of axles 1 Sum 2 Sum 3 Sum 4 Sum 5 Sum 1 2 4 5 6 13th April, 2007 Statutory Instruments IOI FOURTH SCHEDULE (Regulations 37) RATE OF COMPENSATION FOR DAMAGE CAUSED BY THE GROSS VEHICLES MASS The compensation to be paid for GVM overload shall be as specified i n this schedule: Kilograms Fees US$ Kilograms Fees US$ 500 1000 1 500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500 7000 7500 8000 8500 9000 9500 10000 10500 1 1 000 1 1 500 12000 12500 13000 13500 14000 14500 15000 15500 16000 22 45 70 95 122 150 180 2 1 l 244 279 3 1 6 355 397 441 489 539 593 65 1 712 779 850 926 1009 1098 1 1 95 1299 1412 1535 1668 1 8 1 3 1971 2143 16500 17000 17500 18000 18500 19000 19500 20000 20500 21000 21500 22000 22500 23000 23500 2331 2536 2760 3006 3275 3569 3893 4248 4638 5067 5538 6057 6628 7258 7952 24000 8716 24500 9560 25000 10491 25500 11519 12653 26000 26500 13906 27000 15291 16821 27500 28000 18512 28500 20381 29000 22448 24735 29500 30000 27264 30062 30500 33158 3 1 000 3 1500 and above 35000 102 Statutory Instruments 13th April, 2007 FIFTH SCHEDULE (R egu lation 41) SUMMARY FINES PAYABLE FOR DRIVERS WHO COMMIT OVERLOAD OFFENCES Axle overweight Penalty units GVM overweight Penalty Units 100 200 300 400 500 600 700 800 900 1000 1 100 1200 1300 -1400 1S00 1600 1700 1800 1900 2000 2100 2200 2300 2400 2S00 2600 2700 2800 2900 3000 3100 3200 3300 3400 3S00 3600 3700 3800 3900 4000 4100 4200 18 3 6 56 76
Section 8Verify source

Part

schedule:

§ 96Section 96Offence

This provision lists penalty units for axle overweight and GVM overweight offences, with amounts varying by distance in kilometres.

96 . 116 138 160 182 204 229 2S3 .280 304 331 358 387 416 444 476 S07 538 S71 604 638 673 709 744 782 820 860 900 944 984 1027 1071 1 1 1 6 1 162 1209 1258 1307 1356 S00 1000 1500 2000 2S00 3000 3500 4000 4500 5000 5S00 6000 6S00 7000 7S00 8000 8500 9000 9500 10000 10500 1 1 000 1 1 S00 12000 12S00 13000 13S00 14000 14S00 1S000 1S500 16000 16S00 17000 17500 18000 18S00 19000 19S00 20000 20500 21000 49 100 156 211 271 333 400 469 S42 620 702 789 882 980 1087 1 198 1318 1447 1582 1731 1889 20S8 2242 2440 26S6 2887 3138 3411 3707 4029 4380 4762 S180 S636 6133 6680 7278 793 1 8651 9440 10307 1126 13th April, 2007 Statutory Instruments 103 Axle overAJeight Penalty units GVM overweight Penalty Units 21500 22000 22500 23000 23500 24000 24500 25000 25500 26000 26500 27000 27500 28000 28500 29000 29500 30000 30500 3 1 000 3 1 500 and more 12307 13460 14729 16129 17671 19369 21244 23313 25598 28 1 1 8 30902 33980 37380 41138 45291 49884 54967 60587 66804 73684 77778 4300 4400 4500 4600 4700 4800 4900 5000 5100 5200 5300 5400 5500 5600 5700 5800 5900 6000 6100 6200 6300 6400 6500 6600 6700 6800 6900 7000 7100 7200 7300 7400 7500 7600 7700 7800 7900 8000 8100 8200 1407 1460 1513 1567 1622 1680 1738 1778 1858 1920 1982 2047 2 1 1 1 2178 2244 2313 2384 2458 2529 2604 2680 2758 2836 2916 2998 3082 3 167 3253 3340 3429 3520 3613 3751 3802 3900 . 3998 4100 4202 4304 44 1 1 --- 1 04 Statutory Instruments 13th April, 2007 Axle overweight Penalty units GVM overweight Penalty Units 8300 8400 8500 8600 8700 8800 8900 9000 9100 9200 9300 9400 9500 9600 9700 9800 9900 10000 And more 4518 4629 4740 4851 4967 5085 5202 5322 5444 5569 5696 5824 5953 6087 6220 6356 6496 6636 SIXTH SCHEDULE (Regulation 43) PENALTY PAYABLE FOR CARRYING AND AWKWARD LOAD Distance Km.
Section 96Verify source
§ 450500Offence

The driver must keep a valid payment receipt with the weighbridge certificate or permit and show it at later weighbridges on demand.

450 - 500 500 or above Penalty in US$ 400 750 1100 2000 3000 4000 5000 13th April, 2007 Statutory Instruments 97 (4) The payment shall be in Zambian Kwacha or freely convertible foreign currency at the official rate prevailing on the day of offence. (5) A receipt of the payinent shall be issued in a form and with content as the Agency may prescribe. (6) A valid receipt of payment shall be retained by the driver of the vehicle together with the weighbridge certificate or permit and on demand be presented at the subsequent weighbridges.
Section 450Verify source
§ 49(1) Unless otherwise authorised by the Agency, where theProvision

If vehicle-related compensation or surcharges are unpaid for 30 days after detention, the Agency may sell the vehicle by auction.

49. (1) Unless otherwise authorised by the Agency, where the compensation for road damage or any surcharges described in these Regulations is not paid within thirty days from the date of detention of the vehicle, the Agency or institutions empowered by it on its behalf may dispose of the vehicle by public auction. (2) Where a vehicle has been designated for disposal, the Agency or institution empowered by the Agency on their behalf, may issue a notice of sale by auction within fourteen days from the date of the notice, of the vehicle in question and its goods. (3) The proceeds of any such sale shall first be used to cover the charges resulting from the sale, including the cost of the advertisement and removal of the vehicle or trailer and the compensation and surcharges, while the remaining proceeds, if any, shall be payable to the registered owner, or, where the owner fails to claim within six months of the sale the proceeds shall be deposited to the central account of the Agency and form part of its revenue.
Section 49Verify source
§ 50(I) An authorised cashier at a weighbridge shall collect allOffence

A weighbridge cashier must collect and deposit penalties, compensation, fees, and surcharges; the Agency must remit and use the money only for road repair and maintenance; and appeal deadlines apply.

50. (I) An authorised cashier at a weighbridge shall collect all types of penalties, compensation, fees and surcharges imposed on drivers and registered owners of overloaded vehicles and regularly deposit the money to a local deposit bank account at least once a week or as the Agency may prescribe. (2) The money collected as penalties, compensation, fees and surcharges shall be remitted by the Agency to a dedicated central account at the Road Fund to be applied by the Agency only to the repair and maintenance of roads and for the purpose of the axle Disposal of vehicles Remittance of payment 5 1 . (1) Any person aggrieved by a decision of an authorised officer or the Agency or institutions empowered by the Agency may appeal to the Minister against such a decision where Procedures for appeal (a) there is a refusal to grant that person a weighbridge certificate or any other permit required to be granted under these Regulations; (b) there has been an incorrect use of a weighing devise resulting in an inaccurate weight; and 98 Statutory Instruments 13th April, 2007 (c) the penalty applicable to a corresponding overload has been misapplied. (2) An appeal to the Minister shall be lodged within seven days of the facts giving rise to the appeal in writing stating the grounds of appeal to be considered. (3) The Minister shall in consultation with the Agency, within twenty-one days of the receipt of the appeal, al.low or dismiss the appeal, stating the reasons for so doing. ( 4) Any person dissatisfied with the decision of the Minister may appeal to the Court. FIRST SCHEDULE (Regulation 4 and 5) MAXIMUM GROSS VEHICLES MASS Permissible Gross Vehicle Mass Description o/Vehicle (a) Tw9 axle vehicle (b) Three axle vehicle (c) Four (or more) axle vehicle (d) Vehicle and semi-trailer with 3-axles (articulated) (e) Vehicle and semi-trailer with 4-axles (articulated) (j) Vehicle and semi-trailer with S-axles (articulated) (g) Vehicle and semi-trailer with 6-axles (articulated) (h) Vehicle and draw-bar trailer with 4-axles (I) Vehicle and draw-bar trailer with 5-axles (J) Vehicle and draw-bar trailer with 6-axles (k) Vehicle and draw-bar trailer with ?-axles.or more (I) Any interlink with 6-axles (m) Any interlink with 7-a,des or more 18,000 26,000 28,000 28,000 36,000 44,000 50,000 37,000 45,000 53,000 56,000 53,000 5 6,000 13thApril, 2007 Statutory Instruments 99 SECOND SCHEDULE (Regulation 6 and 7) MAXIMUM AXLE too LIMITS Type of axle/group of axles No. of tires Max Load (tons) Conjig. (a) Single steering drive operated (b) Two steering drive operated (c) Single steering draw-bar controlled (d} Single steering draw-bar controlled (e) Single non-steering (f) Single non-steering (g) Tandem non-steering (h) Tandem non-steering (i) Tandem no n-steering (j) Tandem steering (dolly) (k} Triple non steering (I) Triple non steering (m) Triple super single tires (n) Triple single non steering 2 4 2 4 2 4 4 6 8 8 10 12 6 6 THIRD SCHEDULE (Regulation 3 7) 8 14 8 9 8 10 12 15 18 16 21 24 24 15 Fl Fil Tl T2 Al A2 Al l Al2 A22 T22 A212 A222 Bill Al li RATE OF Cot4PENSATION FOR DAMAGE CAUSED B Y OVERLOADED AxLEs The compensation to be paid for an overloaded axle or group of axles shall be as specified in this Third Schedule: .Kilograms Fees US$ KIiograms Fees US$ 100 200 300 400 500 600 700 800 8 16 25 34 43 52 62 72 5 100 5200 5300 5400 5500 5600 5700 5800 836 864 892 921 950 980 1010 1041 100 · Statutory Instruments 13th April, 2007 . Kilograms Fees US$ Kilograms Fees US$ 900 1000 1 1 00 1200 1300 1400 1500 1 600 1700 1800 1900 2000 2100 2200 2300 _ 2400 2500 2600 2700 2800 2900 3000 3 100 3200 3300 3400 3500 3600 3700 3800 3900 4000 4 1 00 4200 4300 4400 4500 4600 4700 4800 4900 5000 82 92 103 1 1 4 126 137 149 161 174 187 200 214 228 242 257 272 287 303 3 1 9 335 352 369 387 405 425 443 462 482 502 523 544 566 588 610 633 657 681 705 730 756 782 800 5900 6000 6100 6200 6300 6400 6500 6600 6700 6800 6900 7000 7100 7200 7300 7400 7500 7600 7700 7800 7900 8000 8100 8200 8300 8400 8500 8600 8700 8800 8900 9000 9100 9200 9300 9400 9500 9600 9700 9800 9900 10000 Or more ,. 1073 !106 1138 !172 1206 1241 1276 1312 1349 1387 1425 1464 1503 1543 1584 1626 1688 1711 1755 1799 1845 1891 1937 1985 2033 2083 2133 2183 2235 2288 2341 2395 2450 2506 2563 2621 2679 2739 2799 2860 2923 2986 13th April, 2007 Statutory Instruments 93 ( 5) The owner of the vehicle and cargo detained shall be responsible for the vehicle and cargo, even if the vehicle is detained at a weighbridge station and the Agency shall not be held responsible for any loss or theft of cargo or vehicle whilst the vehicle and cargo are detained at the weighbridge. (6) Detained cargo shall not be allowed to be stored within the vicinity of a weighbridge station.
Section 50Verify source
§ 39(1) Where an authorised weighbridge officer has found that NotificationProvision

An authorised weighbridge officer must issue a release notification in Form PR 4 when the vehicle and driver comply after corrections and any related payment has been settled.

39. (1) Where an authorised weighbridge officer has found that Notification the vehicle and its driver after corrections is complying with the · to release Regulations, and or any related payment has been settled, the officer vehicle shall give a notification as set out in Form PR 4 to release the vehicle. (2) The notification ofrelease issued under sub regulation (1) shall refer to the corresponding notification of detention and a weighbridge certificate shall be issued and the registration document for the vehicle, cargo document and driving license shall be released.
Section 39Verify source
§ 40(1 ) In case of an overload offence, any accreditedOffence

For an overload offence, an accredited weighbridge station must impose the prescribed road-damage compensation, and an authorised weighbridge officer must calculate and charge it.

40. (1 ) In case of an overload offence, any accredited • weighbridge station on behalf of the Agency shall impose the prescribed compensation for road damage to the owner of the vehicle in accordance with the Act. Compensation for road damage (2) The compensation shall be calculated and charged by an authorised weighbridge officer. (3) The compensation shall be paid on the spot and before the detained vehicle in question can be released. ( 4) If any dispute on compensation arises, the vehicle shall not be released until the dispute is settled. (5) Subject to the provisions of this Regulation, the liability for overload compensation according to these Regulations shall be without prejudice to any other penalty sanctions for offences associated with the particular vehicle and its use. ( 6) The compensation shall be calculated separately on each axle or group of axles and GVM according to the Schedules set out in these Regulations, when determining the compensation for an axle or group of axles or GVM, the following shall apply: (a) the notification of weights in the weighbridge records shall form the basis for calculating the compensation where a vehicle is found to be overloaded according to. this Regulation; (b) the compensation to be paid for an overloaded axle or group of axles shall be as specified in the Third Schedule to these Regulations, reflecting the damage effect and compensation for an overloaded axle or group of axles; 94 Statutory Instruments 13th April, 2007 (c) where more than one axle or groups of axles are found to be overloaded, the compensation payable shall be arrived at by calculating the amount of compensation of each individual axle or group of axles; (d) the compensation payable for overloading the GVM shall be as specified in the Fourth Schedule to these Regulations, reflecting the damage effect and compensation for overloaded GVM; (e) where a vehicle is overloaded, both with respect to axle load and GVM limits, both the compensation payable with respect to the axle-load and to the GVM limits shall be calculated and the higher of the two amounts s�all be applied as the amount due; (I) the driver shall notify the registered owner to an overload as shown on the weighbridge records regarding the overload; and (g) if a trailer has been used in violation of the Regulations, the registered owner of the motor vehicle pulling the trailer shall be liable for the-overloading offence and • shall be required to pay the overloading compensation even if he is not the owner of the trailer. � Notification of habitual offenders 4 1 . The details of a driver or owner of an overloaded vehicle shall be notified in a database stating information about the offence unless the overload is on axles and within ten percent of the authorised axle load and caused by error in the distribution of the load between the axles of the vehicles. Habitually offending drivers Habitually offending owners Standards and imposition of fines
Section 40Verify source
§ 42Section 42Offence

If a driver offends against the Regulation more than twice in 30 days during axle-load control, the Agency may start summary court proceedings; on conviction, the driver may be imprisoned.

42. If during the axle-load control it is found that a driver has offended against the Regulation more than twice in thirty days, the Agency may in addition to any other penalty under these Regulations, institute summary court proceedings against the driver and upon conviction, the driver may be liable to imprisonment.
Section 42Verify source
§ 43The owner of a vehicle used in an overload offence moreOffence

If a vehicle owner’s vehicle is used in an overload offence more than twice in 30 days, the owner may lose the transportation license unless they prove they did not know, and had no reason to believe, that the vehicle was overloaded.

43. The owner of a vehicle used in an overload offence more than twice in thirty days, shall be liab le to having their transportation license revoked unless the owner of the vehicle proves that they did not know or have reason to believe that the vehicle was overloaded.
Section 43Verify source
§ 44(1) A driver admitting guilt to an overload offence shall doOffence

A driver who admits guilt to an overload offence must use PR Form 5 and pay the stipulated fine. The vehicle is detained until the fine is paid and the regulations are complied with.

44. (1) A driver admitting guilt to an overload offence shall do so in PR Form 5 and pay the stipulated fine as specified in the Pub lie Roads Act. ·" " · · · (2) Where a driver has admitted guilt, the motor vehicle shall be detained until the payment of the fine by the driver or owner and a compliance with these Regulations and any other written law. 13thApril, 2007 Statutory Instruments 95 (3) When determining the penalties for an over loaded axle or group of axles or GVM, the following shall apply: (i) the notification of weights in the weighbridge records shall form the basis for calculating the penalty where a vehicle is found to be overloaded under these Regulations; and (ii) the penalty payable for an overloaded axle or group of axles shall be as specified in the Fifth Schedule to these Regulations. (4) If more than one axle or groups of axles are found to be overloaded, the basis for the penalty payable is determined by calculating the amount of the penalty for each individual axle or group of axles. (5) The penalty payable for overloading the GVM shall be as specified in the Fifth Schedule to these Regulations reflecting the damage effect and penalty for overloaded GVM. • (6) Where a vehicle is overloaded, both with respect to axle load and GVM limits, both the penalty payable with respect to the axle-load and to the GVM limits shall be calculated and the higher of the two amounts shall be applied as the amount payable as a penalty.
Section 44Verify source
§ 45(1) A person who refuses or neglects to comply with anyOffence

This section makes it an offence to ignore axle-load requirements or obstruct certain officers, allows a weighbridge officer-in-charge to detain a vehicle on notice, and requires the registered owner to compensate the Agency if the vehicle is overloaded.

45. (1) A person who refuses or neglects to comply with any requirement in connection with axle loads under the Act, or obstructs a road traffic officer, police officer or an officer authorised by the Agency in the exercise of the officer's functions under these Regulations commits an offence. (2) The vehicle driven by a person under sub regulation (!)shall be detained on notice by a weighbridge officer-in-charge. (3) If the vehicle is found to be overloaded, the registered owner shall compensate the Agency for the damage as described in Regulation thirty-seven. (4) The detained vehicle shall only be released upon payment of any fines and compensation or upon the order of the Court where a decision to settle a dispute of the payment of a fine or compensation has been made.
Section 45Verify source
§ 46(1) Where a motor vehicle or trailer carrying an awkwardOffence

Overloaded awkward-load vehicles must pay penalties and related compensation before proceeding, and some vehicles may be detained until payment is made.

46. (1) Where a motor vehicle or trailer carrying an awkward load is found to be overloaded in respect of axles, or GVM limits, the registered owner of the vehicle shall pay an awkward load penalty as specified in the Act before it is allowed to proceed .. . (2) The awkward load penalty shall be distance related as specified in the Sixth Schedule to these Regulations, and the travelling distance from the origin to the weighbridge and from the weighbridge to the destination shall apply even if the vehicle is authorised to return to its origin. Penalties for obstructions, refusal to comply with requirement Aw k w a r d load penalties and damage compensation 96 Statutory Instruments 13th April, 2007 (3) In addition to the awkward load penalty, the registered owner of the vehicle shall compensate the Agency for damage to the road under these Regulations. Absconding fees, administrativ e fees and surcharges 4 7. (I) Any person who diverts a vehicle from a weighbridge or absconds from the weighbridge or disobeys an order from an authorised weighbridge officer or police to drive to a weighbridge for control, commits an offence and is liable to pay an absconding fee of the Zambian Kwacha equivalent of two thousand United States Dollars. (2) An absconding fee shall be payable immediately to the Agency after the driver has signed an admission of guilt form, and the vehicle shall be detained until the fee is paid. (3) If the vehicle is found to be overloaded, the driver shall be fined and the registered owner shall be liable to pay compensation for damage caused to any infrastructure and the compensation and fines shall be paid immediately to the Agency. (4) A person who intends to apply for a special permit shall base on the information in the application, compensate the Agency with a surcharge equivalent to the damage compensation set in these Regulations and the surcharge shall be paid to the Agency in advance before the issuance of the permit. (5) If the axle loads or GYM are found to be different from the limits specified in the permit, and the figures need to be corrected to the actual scale readings, the surcharge will be corrected in accordance with the actual weights. (6) In order to secure proper payment of compensation, fines and surcharges and to adjust the load, an overloaded vehicle shall be detained free of charge for the first three consecutive days by the Agency, or institutions empowered by the Agency on it's behalf and thereafter a parkingfee of a Zambian Kwacha equivalent of twenty United States Dollars payable to the Agency will be charged for each extra day until proof of payment has been produced and the notification to release the vehicle has been issued.
Section 46Verify source
§ 48(1) A signed admission of guilt from a driver contraveningProvision

A signed admission of guilt by a driver is treated as a conviction, makes the owner liable for additional compensation, surcharges, or fines, and the amounts must be paid only to authorised cashiers before the vehicle and documents are released.

48. (1) A signed admission of guilt from a driver contravening these Regulations shall be regarded as a conviction and shall make the owner liable to pay any additional compensation, surcharges or fines immediately. (2) An admission of guilt shall be transferred from the weighbridge stations to the clerk of the court on a regular basis and at least once a week. (3) Any compensation, surcharges or fines shall be paid only to an authorised weighbridge cashier immediately or to· a cashier at the offices of the Agency before the release of the vehicle, its goods and the documents. Paym ent procedures 89 Portable weigbbridges and their use 13th,!\pril, 2007 Statutory Instruments
Section 48Verify source
§ 20(1) Portable weighbridges may be used forenforcementProvision

Portable weighbridges may be used for enforcement and to supplement fixed weighbridges. The Agency may also set rules for their use and create a database about their use.

20. (1) Portable weighbridges may be used forenforcement purposes and supplement the use of fixed weighbridges. (2) The Agency may, after consulting the body responsible for weights and measures, by Gazette Notice prescribe the mode of using the portable weighbridge devices and any attached computer systems based on the specification of the supplier. (3) The Agency may establish a'database for the use of the devises which shall include information on .the various loads weighed, the maintenance of the devices as well as any other information on the management and control of the weighing devices.
Section 20Verify source
§ 21Weighbridges for enforcement purposes shall store recordsProvision

Weighbridges used for enforcement must keep operation records and send locally recorded data to the Agency’s central database in the form and content the Agency prescribes.

21. Weighbridges for enforcement purposes shall store records from operations, identifying the vehicles being weighed at the stations and the data recorded locally shall be transmitted to the central database administered by the Agency, in a mode and with . the content prescribed by the Agency. Data storage from operations
Section 21Verify source
§ 22The Agency shall prescribe the use of a quality system toProvision

The Agency must prescribe a quality system for all weighbridges used for enforcement purposes.

22. The Agency shall prescribe the use of a quality system to be instituted· at all weighbridges for enforcement purposes which includes - · Quality systems for weighbridges (a) general information about the weighbridges; (b) the equipment and the conditions; (c) the site and the weighbridge compound; (d) the staff and their performance; and (e) any other information that m�y be necessary. PART IV WEIGHBRIDGE STAPF AND AUTHORISATION
Section 22Verify source

Part

PART IV

§ 23(1) The Agency may by notice appoint and authorise a Au1horisationProvision

The Agency may appoint and authorise a person by notice to serve as a weighbridge officer on fixed or portable weighbridge devices, and the notice must state the appointment period.

23. (1) The Agency may by notice appoint and authorise a Au1horisation of operators person to serve as a weighbridge officer on any fixed- or portable weighbridge device in Zambia, and perform such duties as specified in the authorisation. (2) The notice shall specify the period of appointment of each person . .
Section 23Verify source
§ 24The Agency may by notice appoint and authorise a person AuthorisationProvision

The Agency may, by notice, appoint and authorise a person to act as a weighbridge officer-in-charge at a fixed or portable weighbridge device in Zambia.

24. The Agency may by notice appoint and authorise a person Authorisation to serve as a weighbridge officer-in-charge on any fixed or portable ofoperator in weighbridge device in Zambia, and perform the duties as specified charge in the authorisation. • 90 Authorisation dr cashiers ' Police on weighbridges Statutory Instruments 13th April, 2007
Section 24Verify source
§ 25The Agency may by notice appoint and authorise a personiProvision

The Agency may, by notice, appoint and authorise a person to act as cashier on fixed or portable weighbridge scales in Zambia.

25. The Agency may by notice appoint and authorise a personi to serve as cashier on any fixed or portable weighbridge scales ini Zambia, and perform such duties as specified in the authorisation. !
Section 25Verify source
§ 26(1) The Agency may require police officers to serve at the ,Offence

The Agency may require police officers to serve at weighbridge stations, and police duties there include keeping order, acting as traffic police, detaining faulty vehicles, and dealing with offences.

26. (1) The Agency may require police officers to serve at the , weighbridge stations in co-operation with the authorised officers. · (2) The duties of the police shall mainly be to provide law · and order at the sites and provide services as traffic police officers and to detain faulty vehicles or charge persons committing offences in connection with the weighbridge. General workers
Section 26Verify source
§ 27The Agency may contract general workers to work .at theProvision

The Agency may hire general workers for weighbridge stations, but those workers cannot operate the weighbridges or enforce related regulations. Weighbridge operators who are employed and authorised must use the identification supplied by the Agency.

27. The Agency may contract general workers to work .at the weighbridge stations, who shall not be authorised to operate the · weighbridges or to enforce any related Regulations. Identification of officers 2 8 . Any employed and authorised persons serving as weighbri�ge operators shall use such identification as provided by the Agency. Uniforms
Section 27Verify source
§ 29An employed and authorised person serving as weighbridgeProvision

Weighbridge operators must wear a uniform provided by the Agency, and authorised officers at the weighbridge must set the weighing device to zero before weighing starts.

29. An employed and authorised person serving as weighbridge operator shall use a uniform designed and provided by the Agency. Failure to comply as weighbridge staff 3 0 ( 1 ) The Agency may, pending an investigation into · allegation of a failure by an authorised staff to perform his or her duties, suspend the appointment of such staff. (2) The Agency may, where it is found appropriate revoke the appointment of an officer if it is revealed that the officer is guilty of such failure of performance of duty. PART Y CACULATTION OF LOAD AND PROCEDURES Setting of weighing device Weighing of single axles Weighing of Combination of axles 3 1 . An authorised officer manning the weighbridge shail ensure that a weighing device is set to zero before weighing starts.
Section 29Verify source

Part

PART Y

§ 32The weight ofaxles shall be determined by weighing axlesProvision

Axles must have their weight determined by weighing each axle separately.

32. The weight ofaxles shall be determined by weighing axles individually.
Section 32Verify source
§ 33The weight of a combination of axles shall be determinedProvision

A combination of axles must be weighed as a unit in one operation, unless a smaller weighbridge platform, a single axle weighbridge, or a portable axle-load device is used; then the axle weights are summed.

33. The weight of a combination of axles shall be determined by weighing a combination of axles as a unit in one operation. When using a smaller weighbridge platform, a single axle weighbridge or portable axle-load device, the weight of a combination of axles shall be determined by calculating the sum of the weights of individual axles in such combination. Gross Vehicle Mass
Section 33Verify source
§ 34The GYM sllall be determined by weighing the vehicle oiProvision

The GYM is determined by weighing the vehicle or vehicle combination in one operation, or by adding the weights of individual axles or axle groups when a smaller or portable weighing device is used.

34. The GYM sllall be determined by weighing the vehicle oi combination of vehicles in one operation. (2) When using a smaller platform weighbridge or portable weighing device, a single axle weighbridge or portable axle-load device, the GYM shall be determined by calculating the sum of the weights of individual axles or group of axles on a vehicle or· combination of vehicles. 13th April, 2007 Statutory Instruments 91
Section 34Verify source
§ 35(I) An overload shall be determined by comparing the OverloadProvision

This section explains how to decide whether a vehicle, axle, or axle combination is overloaded by comparing measured weights with authorised limits.

35. (I) An overload shall be determined by comparing the Overload weights found by weighing axles, combinations of axles or GYM detennination to the defined authorised limits. (2) An overload is determined to have occurred if the weights determined by weighing are higher than the authorised limits - (a) in the First and Second Schedules to these Regulations; (b) in the special permit issued for a vehicle; (c) by the vehicle manufacturer; (d) for particular roads by the Minister in a declared disaster or emergency. (3) For the purposes of the distribution of the load on a vehicle, an axle or combination of axles shall be deemed overloaded if the load exceeds the authorised limit after addition of five percent of allowable weight and then rounding down to the nearest hundred kilograms. (4) No allowance shall be given for any excess of GYM.
Section 35Verify source
§ 36(1) Where a vehicle is determined to be overloaded in Reduction toProvision

If a vehicle exceeds the five percent axle-load allowance, the load must be adjusted to bring the vehicle within authorised limits.

36. (1) Where a vehicle is determined to be overloaded in Reduction to legal limits excess of the five percent allowance in respect of axles, the load shall be adjusted until the vehicle complies with the authorised limits. (2) In a case where the load in excess of the five percent allowance is adjusted to comply with the authorised limits, the five percent allowance shall not apply to that load. PART Y! PRODEDURES FOR FINES AND PAYMENTS •
Section 36Verify source

Part

PART Y!

§ 37(I) The Agency may issue a weigh bridge certificate as setOffence

The Agency may issue a weighbridge certificate, and several parties have duties around signing, carrying, keeping, and presenting it.

37. (I) The Agency may issue a weigh bridge certificate as set out in Form PR 2 to be used as a compliance permit for a vehicle. (2) A permit for an abnormal load shall not be regarded as a compliance permit until it has been checked and signed at a weighbridge station. Weighbridge Certificates as compliance permits (3) The authorised officer shall fill in a weighbridge certificate set out in Form PR 2 with respect to all loaded vehicles. (4) The driver shall sign the weighbridge certificate and indicate agreement on behalf of the driver and the owner that the vehicle particulars and the weighing device reading at that particular time and place of weighing are correctly reported on the certificate. (5) Failure ofa driver to sign theweighbridge certificate shall not prevent the Agency or institutions empowered by the Agency from enforcing these Regulations or any other written law, where 92 Notification to detain vehicles · Statutory Instruments 13th April, 2007 a driver has refused to. sign the weighbridge certificate, the authorised officer shall endorse the certificate stating that the driver has refused to sign the certificate. ( 6) A driver of a loaded vehicle, who passes a weighbridge station without being issued an official weighbridge certificate or . having tlie weighbridge certificate countersigned, shall be deemed to have absconded the weighbridge unless the contrmy is proved. (7) If a driver of a loaded vehicle is found to have absconded a weighbridge and hl!S not been apprehended for that offence at that particular Vl'.eighbridge, the weighbridge officer at the subsequent weighbridge shall notify the driver of the offence and impose the penalties specified in the Act. (8) · Where a vehic1J· complies with the authorised axle weights and GVM, a Weighbridge Certificate shall be issued and deemed to be a compliance permit, which the driver shall cany as a permit throughout,the journey and have it countersigned at all subsequent . weigbbridges on the journey. . (9) · If there is ascertained under a new contr�l that the vehicle subsequent to the previous control has been reloaded or tampered with in any way, the· Weighbridge -Certificate shall be withdrawn and a new Weighbridge Certificate shall be issued after the vehicle complies with the authorised limits, stating the reason for issue and refer to the withdrawn Certificate. (10) The registered owner shall keep the weighbridge certificates or. permits for a period of one year from the date of issue. If demanded by the Agency or institutions empowered by the Agency, the registered · owner shall present the weighbridge certificates. for inspection.
Section 37Verify source
§ 38( 1 ) Where an authorised weighbridge officer hasProvision

An authorised weighbridge officer must detain a vehicle if it is non-compliant or the driver has offended the law, give a detention notice, and keep the vehicle and specified documents detained until compliance and payment are settled.

38. ( 1 ) Where an authorised weighbridge officer has determined that a vehicle is not in compliance with authorised axle-load or GVM limits or is outside the limits of dimensions or permits given for the said vehicle, or found that the driver has offended these Regulations or any other written law, the authorised weighbridge officer.shall detain the vehicle. (2) Where. a vehicle is detained, the officer shall give a notification as set out in Form PR 3 stating the reasons for the detention. (3) The vehicle shall be detained until these Regulations have been complied with and any pending payment has been settled. ( 4) The registration document for the vehicle, cargo document for the cargo and driving license for the driver shall be detained at the weighbridge:station or handed over to the police for the period of detention. · . · . · 13th April, 2007 Statutory Instruments 85 (iv) is not issued where the information given in the application is insufficient or misleading _or not in accordance with the formal demands; (v) describes the limits set for abnormal load defined by the Agency, based on the vehicle configuration and the routes to be used; (vi) is not issued on any axle or axle configuration exceeding the legal limit set for axle plus fifteen percent weight even where the GVM set for the vehicle is within the legal limit; and (vii) is not issued on any GYM exceeding the legal GVM plus fifteen percent unless special precaution is taken regarding the need for a feasibility study and re­ enforcement of bridges and culverts. (9) The Director may issue detailed guidelines for granting of exemption permits for the conveyance of abnormal loads where the rules· and conditions which apply to the transportation of abnormal load are described.
Section 38Verify source
§ 13(1) A permit holder shall report to every weighbridge station Failure toProvision

A permit holder must report at weighbridge stations along the route to check load compliance, and permits can be withdrawn, impounded, refused, revoked, or reissued depending on weight limits and road damage.

13. (1) A permit holder shall report to every weighbridge station Failure to along the route used, to check that·the load is in accordance with conditions given in the permit. comply with conditions (2) Where the combined limit of the vehicle and the load exceeds a limit of any kind set in the permit, the permit shall be withdrawn and the vehicle shall be-impounded until a new permit has been issued in accordance with the actual weights and dimensions for the vehicle; (3) Where applicable, in such case, the Director may refuse to issue a permit for the same transport unless an alternative and more suitable vehicle configuration is being considered. ( 4) After a consideration of the alternative configuration, a new permit may be issued based on the alternative vehicle configuration and on any additional terms and conditions that the Director may determine. (5) Where the axle load or GVM is above the limits set in the permit, a new permit based on the new limits shall not be issued unless the applicant has paid an additional surcharge for the difference, following the payment procedures in Part VI of these Regulations. 86 Statutory Instruments 13th April, 2007 Waiver of conditions and specia1 waiver Permit Constitution of weighing devices ( 6) Where any visual damage is caused to any road or road infrastructure in the course of transporting the load, the abnormal load may be ordered to stop by the Agency and the permit shall thereafter be revoked and the person responsible for the transportation of the abnormal load shall be liable to pay to the Agency fae cost of repairing the damage caused.
Section 13Verify source
§ 14(!) Where special circumstances exist, only the AgencyProvision

In special circumstances, the Agency may waive, reduce, or depart from permit conditions or a surcharge, but only with the Minister’s consultation and only for specified reasons. The Agency must issue a special waiver permit before the journey.

14. (!) Where special circumstances exist, only the Agency in consultation with the Minister may refrain from the general conditions of issuing permits or imposing a surcharge or waive or reduce a surcharge. (2) The waiver of conditions or reduction of surcharge shall be considered only if: (i) the matters are of national security; (ii) the transportation is done in pursuance of a bilateral or multilateral agreement between government of Zambia and another government; or (iii) the vehicle is to be used as a result of a natural disaster, relief or for emergency infrastructure restoration. (3) The provisions of waiver of conditions shall be spelt out in a special waiver permit stating the circumstances of the waiver or reduction of surcharge. The special waiver permit shall be issued by the Agency prior to the journey. PART III
Section 14Verify source

Part

PART III

§ 15Section 15Provision

The Agency may install weighbridges, approve some third-party weighbridges, and the Authority may issue guidance; vehicle owners can be liable for damage charges if improper use causes damage.

15. WEIGHBRIDE DEVICES AND THEIR USE The Agency may cause weighbridges or other devices for detection of weights to be installed on any roads in the republic. (!) (2) The devices may be fixed or portable weighing devices for detection of actual axle load or GVM on any vehicle the Agency may decide upon. (3) The Agency may approve the use ofweighbridges owned or leased by other institutions other than the Agency for detections of weights only if the devices are within the specifications approved by the Agency and authorised by the body responsible for weight and measures. (4) The Authority may provide guidelines for the proper use of weighing devices by drivers at a weighbridge. (5) Where a driver causes damage to a weighbridge due to improper use, the owner of the motor vehicle shall be liable to pay a surcharge for damage compensation under section seventy-one of the Act. 13th April, 2007 Statutory Instruments 87
Section 15Verify source
§ 16(1) The Agency may erect traffic signs which shall requireOffence

The Agency may put up traffic signs requiring certain motor vehicles to be weighed or tested. Drivers or persons in charge who ignore a weighbridge sign and refuse weighing or testing commit an offence and face a penalty.

16. (1) The Agency may erect traffic signs which shall require any category of motor vehicles to be weighed or subjected to a test by any such device, whether fixed or portable. Traffic signs on weighbridges (2) Any person who, being the driver of a motor vehicle or in charge of a motor vehicle, disobeys or disregards any direction on a road sign created for weighbridge purpose and refuses to allow the motor vehicle to be weighed on a weighbridge or be tested by any devise commits an offence and is liable to a Zambian Kwacha equivalent absconding fee of two thousand United States Dollars.
Section 16Verify source
§ 17The Agency shall only permit the use of devices authorisedProvision

The Agency may only allow devices that have been authorised by the body responsible for weights and measures to be used for enforcing these Regulations.

17. The Agency shall only permit the use of devices authorised by the body responsible for weights and measures, to be used in the enforcement of these Regulations. Authorisation of devices
Section 17Verify source
§ 18(!) The body responsible for weights and measures shallProvision

The weights and measures body must issue an approval certificate for each weighbridge after testing or acceptance of OIML recommendations, and the certificate must be displayed and available for transporters to inspect on demand.

18. (!) The body responsible for weights and measures shall issue a certificate of approval for each and every weighbridge after a test of the device or acceptance ofOIML recommendations. (2) The certificate shall be displayed at the weighbridge and allowed to be inspected by the transporters on demand. (3) A weighbridge with an invalid certificate shall not be allowed to be used for enforcement purposes. Certificates of approval
Section 18Verify source
§ 19(!) A fixed weighbridge; to be used for enforcementProvision

The Agency controls accreditation and ongoing oversight of fixed weighbridge stations, including inspections, annual audits, and certificate actions.

19. (!) A fixed weighbridge; to be used for enforcement purposes shall be accredited by the Agency, or any institution for accreditation appointed by the Agency. Fixed weighbridges and their use • (2) No fixed weighbridge station shall be accredited for enforcement by the Agency unless it complies with the minimum standards for accreditation prescdbed in standards issued by the Agency. (3) The Agency shall specify different standards for different types of fixed weighbridge stations having regard to - (a) the volume of traffic on the route along which the weighbridge station will be situated; (b) the category or type of vehicles which will be weighed at the weighbridge station; (c) whether the weighbridge station will be jointly managed in terms of a multilateral or bilateral agreement concluded with a Government of another state; (d) whether the weighbridge station will be managed by an appointed agent to operate the weighbridge on behalf of the Agency; ( 4) The Agency shall conduct an inspection to verify whether a weighbridge station complies with the standard and in the event of a positive finding, issue a certificate of accreditation. 88 Statutory Instruments 13thApril, 2007 (5 ) An accredited weighbridge station shall be subject to an annual technical audit by the Agency to confirm that it meets the requirement for accreditation. ( 6) The body responsible for operating the weighbridge station shall provide the Agency with al!reasonable assistance to undertake an audit including - (a) any information which may be requested; (b) access to the documentation relating to the operation of the weighbridge station, including data record storage; (c) access to any part of the weighbridge station and its facilities and access to any person employed with regard to the operation of the weighbridge station. (7) Where the findings of an annual technical audit are that the weighbridge station no longer complies with the prescribed standards, the Agency may - (a) issue a directive in writing to the responsible body for operating the weighbridge station to ensure compliance within the period specified in the directive; (b) suspend the certificate of accreditation pending such compliance ; or (c) revoke the certificate of accreditation. (8) The certificate of accreditation may be renewed if a weighbridge station is found to comply with the prescribed standards after an accreditation inspection has been conducted. (9) The Agency may at any time conduct a random inspection of a weighbridge station for the purpose of verifying compliance with a standard applicable to the station . . (10) Registered transport companies of Zambia may be invited 'to attend the random inspections carried out by the Agency. (11) The Agency may introduce supplementary actions to monitor the performance of weighbridge stations by utilising mobile weighbridges or weigh in motion technology. 12) Any revelation of deviation from procedures and legal practice found under random inspections shall be noted and discussed with the officer responsible for th� weighbddge station. (13) The issues shall be addressed and included in the audit for the respective weighbridge station. (14) The Agency may, after consulting the body responsible for weights and measures, by Gazette Notice prescribe the mode of using the fixed weighbridge devices and attached computer systems based on the specification of the supplier. 81 Maximum laden weight and axle. weight of vehicles Calculation of GVM 13thApril, 2007 Statutory Instruments PART II MAxJMuM LADEN WEIGHT
Section 19Verify source

Part

PART II

§ 4(I) The maximum laden weight of a vehicle or trailer shallProvision

Vehicle and trailer weights must stay within the lower of the manufacturer’s limit or the limits in the relevant Schedules.

4. (I) The maximum laden weight of a vehicle or trailer shall not exceed the manufacturer's permitted gross weight of such vehicle or trailer or the maximum laden weight set out in the First Schedule for such vehicle or trailer whichever is less. (2) The maximum weight carried on any axle of a vehicle or trailer shall not exceed the manufacturer's permitted axle weight or the weight specified in the Second Schedule, whichever is less.
Section 4Verify source

Part

Schedule for such vehicle or trailer whichever is less.

§ 5(I) The maximum GVM for an articulated vehicle at fiftyProvision

This section sets maximum GVM limits for certain vehicle combinations and allows the Minister to reduce GVM in a declared national disaster or emergency, with consultation and time limits.

5. (I) The maximum GVM for an articulated vehicle at fifty tons, shall be determined by reference to the distance from the center of the first axle in the pulling vehicle to the center of the last axle on the semi-trailer, set to not less than 13.6 meters. (2) · The maximum GVM for one vehicle, a draw-bar trailer or any other type of interlinked combination at fifty-six tons, shall be determined by reference to the distance from the center of the first axle in the pulling vehicle to the center of last axle on the trailer set to not less than 17.6 meters. (3) The GVM specified in sub-regulation (]) and (2) shall be reduced.by one ton for each 0.5 meter reduction in distance between the center of the first axle and the center of the last axle in the vehicle combinations. (4) The limits of the GVMshall be as defined in the Schedules to these Regulations and where the GVM set by the manufacturer o f the vehicle is lower than that prescribed in the First Schedule, the lower limit shall apply. · (5) The Minister may, in consultation with the Agency reduce the GVM for a motor vehicle set out in the First Schedule where there exists a declared national disaster or emergency, for a particular part of a road. ( 6) Where the GVM limit specified for any motor vehicle is reduced by the Minister during the existence of a declared national disaster or emergency, for a particular part of a road, the reduced limit shall apply. (7) Any reduction to the authorised limit of the GVM by the Minister shall be done in consultation with the Agency. (8) A reduction of the authorised GVM shall not last more than thirty consecutive days and may be extended where the conditions giving rise to the reduction continue to exist. (9) A reduced limit shall cease to be applied where the conditions giving use to the reduction cease to exist. 82 Statutory Instruments 13th April, 2007 Distribution of axle-load
Section 5Verify source
§ 6The GVM shall be distributed on axles in the mannerProvision

The GVM must be distributed on axles as specified in the Second Schedule to the Regulations.

6. The GVM shall be distributed on axles in the manner specified in the Second Schedule to these Regulations. Limitation of axle load limits Length of vehicles or of combinations thereof
Section 6Verify source
§ 7(1) No individual axle, single or as one of the tandem orProvision

Axles and certain axle combinations must stay within the stated weight limits, with reduced limits applying after a Ministerial reduction for a declared disaster or emergency.

7. (1) No individual axle, single or as one of the tandem or triple axles shall cal:}' more than ten (10) metric tons. (2) Where the limit set in the Second Schedule is reduced by the Minister due to a declared national disaster or emergency for a particular part of the road, the reduced limit shall apply. (3) The axle load limit shall not exceed the lesser of the limits set in the Schedule or the manufacturer's recommended limits. ( 4) Any classification of axles or axle-combination of any type shall be determined at the place where the vehicle is found or weighed. (5) An axle with a defective wheel, axle or suspension configuration, and outside the manufacturer's specifications, shall not exceed three tons Jess than the actual legal axle-load limit set for a similar fully equipped single axle. (6) The weight of axle-combinations where axles are found to have abnormal wheel- axle or suspension configurations, and outside the manufacturer's specification, shall not exceed six tons Jess than the actual legal limit set for a similar fully equipped axle­ combination. (7) The enforcement ,of these Regulations, by the Agency in connection with an abnormality under paragraphs (5) and ( 6) shall be without prejudice to any other written Law.
Section 7Verify source
§ 8(1) The overall length of a vehicle, other than articulatedProvision

Vehicles are subject to maximum overall-length limits, and a person may not use a motor vehicle on a road if it is drawing more than two trailers.

8. (1) The overall length of a vehicle, other than articulated vehicle, construction vehicle or construction trailer, shall not exceed 12.500 metres. (2) The overall length of an articulated vehicle shall not exceed 17 metres. (3) The overall length of any combination of vehicles, including their loads, shall not exceed 22 metres. ( 4) No person shall use on any road any motor vehicle which is drawing more than two trailers. (5) For the purposes of this Regulation, overall length shall include any trailboard ifit is constructed to carry goods, and in the case of a trailer any drawbar, but it shall not. include any starting handle or any ladder permanently fixed to the rear of a vehicle for gaining access to the roof, or any compartment designed specifically to house the motive power and transmission unit of a rear-engined vehicle, which ifincluded would increase the overall length by not more than 460 millimetres. • 13th April, 2007 Statutory Instruments
Section 8Verify source
§ 9(I) The overall width ofa vehicle, including any load carriedProvision

A vehicle’s overall width, including any load, must not exceed 2.6 metres unless it is a construction vehicle or construction trailer.

9. (I) The overall width ofa vehicle, including any load carried thereon, other than a construction vehicle or construction trailer, shall not exceed 2.6 metres. (2) For the purpose of sub-regulation (!), overall width shall include all fittings other than any outside rear-view mirror and the arm of any direction indicator that is fitted, provided that such arm, when not used, does not project beyond the mirror.
Section 9Verify source
§ 10The overall height ofa vehicle, whether laden or unladen,Provision

Vehicle overall height must not exceed 4.80 metres, or 4.58 metres for a double-decked motor vehicle.

10. The overall height ofa vehicle, whether laden or unladen, measured from the plane on which such vehicle stands to the highest projecting point of the vehicle, or of its load, whichever is the higher, shall not exceed 4.80 metres or, in the case of a double­ decked motor vehicle, 4.58 metres. 83 Width of vehicles Height of vehicles
Section 10Verify source
§ 11(I) A person intending to drive or use or cause or perroit toProvision

A person who wants to drive, use, or let a motor vehicle be used on a public road when it exceeds the stated weight or dimension limits must apply for a special permit.

11. (I) A person intending to drive or use or cause or perroit to be driven or used on any public road, any motor vehicle exceeding the limits of weights or dimensions specified in these Regulations as set out in the applicable Schedules hereto shailapply for a special perroit to do so. Special permit (2) An application for a special perroit shall be as set out in Forro PR I in accordance with the conditions set in Regulation 9 and accompanied with an application fee of the kwacha equivalent of fifty United States Dollars and the relevant surcharge for damage compensation set out in the Third and Fourth Schedule.
Section 11Verify source
§ 12(I) Any person, who intends to drive a vehicle outside theProvision

People driving vehicles outside the permitted limits must get a special permit, apply in writing with specified details, pay fees in advance, and keep and show the permit during transport.

12. (I) Any person, who intends to drive a vehicle outside the limits set in the Regulations, shall obtain a special perroit to.move the abnormal load as specified in the Act. (2) An application shall be in writing and as a minimum requirement and shall include the following: Conditions of special permit ' . . . . ' •· (i) a description of the dimensions to be exceeded; (ii) the name and address of the Applicant; (iii) the name and address of the driver; (iv) the registration No. of each vehicle; (v) a valid insurance certificate; (vi) a description ofloads with dimensions; (vii) a sketch of the vehicle showing the arrangement of the load and the center of gravity; · (viii) a plan for security of the load and the transport; ( ix) configuration of the vehicles to be used for transporting · the load; (x) calculated distribution on axles; (xi) calculated GVM; 84 Statutory Instruments 13th April, 2007 (xii) the routes proposed to be used; (xiii) speed to be used; (xiv) actual date for the transportation of the load; · (xv) a valid road service licence in the case of a Zambian vehicle and a valid permit in the case of a foreign vehicle; and (xv) Where the applicant is a corporate body, the name of the company and registered office and names of the authorised representatives; and (xvi) any other information as the Agency may consider necessary to ensure the safe and efficient transportation of the load. (3) The permit shall be in writing, and shall reflect all the necessary information from the application. ( 4) Before a permit is issued, the fee for the application and any surcharge for damage '<ompensatiqn shall be paid in advance in accordance with the payment procedures in Part VI of these Regulations. (5) The original permit document shall be kept by the driver of the vehicle throughout the movement along the route and shall be presented to the road traffic officer, police officer or officer authorised by the Agency at the weighbridges for countercheck. (6) The Director may, due to circumstances or information about the load or information given in the application, demand prior to any decision of granting a permit, that the applicant: (i) prepares a survey report on the route to be used and to check the feasibility for the transport to use the route; (ii) checks on the necessary reinforcement to bridges and culverts to take place prior to movement of the load. (7) The cost of the survey and all necessary reinforcements shall be paid by the applicant. (8) The Director may restrict the special permit so as to ensure that it- (i) shall not be issued if the legal limits are exceeded due to load movement of an unsecured load on any vehicle or trailer; (ii) shall not be given for awkward load of any kind; · (iii) shall take into account adverse weather conditions;
Section 12Verify source

Legislative relationships

2 referenced instruments

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2 instruments

  • GVMshall be as defined in the Schedules to these Regulations

    Section 5

  • Minister may appeal to the Court. FIRST SCHEDULE (Regulation

    Section 50

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