State Roads Ordinance, 1994

in relation to any road, other than a Federal road, situated within the area of any local authority, means a local authority declared for the purpose of Part III of the

Road Transport Act 1987 [Act 333; P. U. (B) 289/92] to be an appropriate authority pursuant to section 67 of the said

Act; and

in relation to any road, other than a Federal road, situated in the State but not in any area described in paragraph (a), means the Director of Public Works for and on behalf of the Government of the State;

“bridge” means a bridge or viaduct which is part of a State road and includes a causeway, overhead bridge for pedestrian

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crossing, any underpass or passage connecting a State road, the abutments and any other part of a bridge;

“Director” means the Director of Public Works;

“Government” means the State Government of Sarawak;

“local authority” means—

any local authority constituted under the Local

Authorities Ordinance, 1996 [Cap. 20];

the Bintulu Development Authority established under the Bintulu Development Authority Ordinance, 1978

[Ord. No. 1/1978];

the Council of the City of Kuching South constituted under the Local Authorities Ordinance, 1996

[Cap. 20];

the Commission of the City of Kuching North established under the City of Kuching North Ordinance,

1988 [Cap. 49];

“Minister”

means the

Minister charged with the responsibility for infrastructure development in Sarawak;

“State road” means any public road within the State other than a road declared to be a Federal road under and by virtue of the Federal Roads Act 1959 [Act 376], and includes any lay-bys, interchanges, roundabouts, traffic islands, road dividers, side tables, median strips, overpasses, underpasses, approaches, ramps, toll plazas, sedric areas and other structures and fixtures on such road, and also includes any road used for logging or transportation of timber built on State land which the Minister shall, by notification in the Gazette, declare to be a State road.

In this Ordinance, a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan

Negeri or by a member thereof acting under the general authority of the Majlis.

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Application of Road Transport Act 1987

The appropriate authority may, after consultation with the

Minister, require any owner of any vehicle to deposit an appropriate security for the payment of the levies referred to in subsection (1).

All moneys collected pursuant to subsection (1) shall be accounted for and paid into the State Road Maintenance Fund established under the Financial Procedure (Contingencies and Trust

Funds) Ordinance, 1963 [Cap. 37].

Any owner of any vehicle using a State road or bridge specified in the notice under subsection (1) without payment of the levies stipulated in that notice or who fails to deposit an appropriate security as required under subsection (2) shall be guilty of an offence:

Penalty, a fine of twenty thousand ringgit and imprisonment for one year.

An appropriate authority shall not grant any approval under subsection (1) without complying with any direction in respect of such matters issued by the State Planning Authority pursuant to section 229(1)(f) of the Land Code [Cap. 81 (1958 Ed.)].

[Ins. Cap. A119.]

Any damage caused to any State road by any person carrying out any of the works stipulated in subsection (1) shall be made good by him and if he fails to do so, the appropriate authority shall be entitled to remedy such damage and all costs and expenses thereby incurred by the appropriate authority may be recovered from the person causing such damage, as a civil debt.

Any person who—

days from the date of receipt of such request.

The appropriate authority may, for the purposes of repairing, upgrading or improving any State road or bridge, require any person at his own costs and expense to relocate, shift or remove any fire hydrant, water or gas mains, sewerage pipes, electricity or telephone transmission lines or facilities which he has installed, built, laid or placed on, beside or under that State road or bridge.

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Any person who—

For the purposes of subsection (1), the Director, with the approval of the Minister, may, by Order published in the Gazette, specify—

Any Order made under this section may be altered, amended, revoked or suspended for such period of time as the

Director with the approval of the Minister may deem fit.

be responsible for maintaining the State road and bridge specified in the Order, in good repair and condition to the satisfaction of the Director and shall effect all necessary repairs and improvements to the State road or bridge as directed by the

Director;

be entitled to erect any toll plaza, booth or other facilities approved by the Director, for the collection of tolls and to set up any barrier on such State road or bridge to enforce payment from any person of tolls that may be due from him; and

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maintain proper books of accounts and records in respect of the tolls collected and to produce such books and records for inspection and examination by the Director or any person authorized by him in writing.

The appropriate authority or the Government not liable to damage or loss arising from neglect or default of concessionaire 8.

The appropriate authority or any person authorized by the appropriate authority or the Government shall not be liable to any person in respect of any injury, damage or loss of any description whatsoever arising from any neglect, default or breach or failure of duty by the concessionaire or any of his agents, servants or workmen during the period of the concession agreement.

Power of authorized officer

for the purpose of regulating traffic;

for the purpose of collecting the appropriate toll or levies for the vehicle;

for the purpose of preventing or detecting the commission of an offence against this Ordinance or any regulations made hereunder or the Road Transport Act 1987 [Act 333];

if he reasonably suspects that the driver of a vehicle—

has committed an offence against this

Ordinance or the Road Transport Act 1987 [Act 333]; or

For the purposes of subsection (1), an officer authorized by the appropriate authority may—

Any person who fails to comply with an order, direction or signal given under subsection (2)(a), or any requirement made under subsection (2) (b), (c) or (d), shall be guilty of an offence: Penalty, a fine of five thousand ringgit and imprisonment for one year.

Who may prosecute

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the use and maintenance of State roads and bridges;

the payment of compensation by any person for any wilful damage caused by him to any State road or bridge;

the keeping and updating of records on any mains, transmission lines, cables or other facilities constructed upon, below or beside any State road or bridge;

the closure of any State road or bridge which has become hazardous for use by vehicles of any description;

the trimming, removal or felling of any trees, vegetation or any objects overhanging or protruding onto any

State road or bridge;

the erection or setting up of any structures or fixtures temporary or permanent on any State road or bridge;

prescribing offences and their penalties for any person who fails to comply with the provisions of an Order made under section 6(2) for payment of tolls in regard to the use of a State road or bridge;

providing for the offences under this Ordinance or regulations made hereunder which may be compounded by the appropriate authority, the persons who may compound, the limit of the sum of money to be collected by the appropriate authority for compounding such offences and the procedure and forms to be complied with in compounding;

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the exemption of vehicles or any class thereof from the operation of this Ordinance or any regulations made hereunder and the tolls payable for the use of any State road or bridge; and

generally carrying into effect the provisions of this

Ordinance relating to the use and maintenance of any State road or bridge.

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LAWS OF SARAWAK