main roads act. jamaica

7/22/2019 Main Roads Act. Jamaica

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M A I N ROADS

THE MAIN ROADS ACT

1

ARRANGEMENT OF SECTIONS

1. Short title.2. Interpretation.3. When and how and to what extent this Act may be made

applicable to parochial roads.

Main Roads Management4. Schedule of Main Roads.5. Power to the Minister to declare other roads to be main roads.6. Director to manage main roads and the funds thereof.7. Property in main roads, etc., vested in the Commissioner of8. Boundaries and widths of main roads.9. Where no boundary fence exists.

within meaning of section 24.boundary of main road.main roads.new road in certain cases.

Lands.

10. When buildings deemed to be an encroachment on main road11. Notice of intention to erect fence or building along or near12. Ownership of dyewoods and fruit of trees within the lines of13. Power to convey abandoned road to owner of land taken for14. Power to lay down and use temporary tramways.15. Power to grant permission to construct or lay down works16. Power to permit gates across main roads.17. Powers to impound or destroy animals trespassing on main

across, above, or under main roads.

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2 MAIN ROADSLaying Out Roads -Proceedings

18. Power to enter on lands to survey for main road.19. Procedure on laying out new road, or altering a main road.

The Taking of Lands20. Powers and restrictions as to acquiring land for main road21. Powers of the Director.22. Powers of entry upon and occupying and using private lands.

purposes.

Encroachments23. What are encroachments.24. As to the removal of encroachments by the owner, or in his

default by the Director.25. Removal of encroachments by the Director.

Offences26. List of offences against this Act and penalties therefor.

Lights and Carriages27. Lamps and lighting during specified period.

Power t Arrest28. Power to arrest offenders on view without warrant.

Legal29. Making and execution of deeds and instruments relating to30. Actions relating to main roads.31. Exemption of stamp duties.32. Exemption from personal responsibility for acts done under this33. Right of free process.

main roads.

Act.

Miscelluneous34. Payments by promoters how made.35. Special publication of sections 23 and 26 required.36. Lands Clauses Act partially incorporated.

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MAIN ROADS 3Cap.231.JAW45 of 1953,2 or 1954,8 of 1958S. 33.Acts42 of 1969,3rdSch.

S. 18.

THE MAIN ROADS ACT[IZth February. 1932.1 130e1gM

1. This Act may be cited as the Main Roads Act. Short tit le.2. In this Act, and in the Lands Clauses Act, as herein- Interpreta-tion.after incorporated herewith-

carriage includes carts, waggons, drays, wheeledcarriages of every description, bicycles, tricycles andother similar machines;

cultivated and uncultivated and ruinate in connec-tion with the word land, shall be held to apply tothe actual state or condition of each particular por-tion of any land acquired or entered upon under thisAct, without reference to any other portion of thesame land whether separatzcl or not therefrom by m yboundary or fence;

Director means the Chief Technical Director;house means an inhabited dwelling-house rateable to the

Parish General Rate;the promoters means the Director;road includes the roadway, the water tables, the bridges

and fmdings, on .the line of the road, and the land oneach side of the roadway and water tables up to theboundary of the road;the undertaking and the works include the laying out,

making, repairing, widening, altering, deviating, main-taining and managing, as well of the main roads underthis Act as of any new line of road which the Ministermay authorize the Director to lay out and make, with a[The inclusion of this page is authorized by L.N. 172/1986]


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4 M A I N RO AD Sview to declaring the same a main road, and all struc-tures, buildings and lands, appertaining to any suchmain road or new line of road as aforesaid, or author-ized under this Act to be acquired or constructed.

Whenand 3. It shall be lawful fo r the M inister from time tow h a t extent time by notice in the Gazet te , to declare that h e has chargedm a y b e the Director with the laying out, making, repairing, widen-applicableade ing, altering, deviating, maintaining or managing, of anyto parochial parochial road, or of any new line of road which it is desiredto lay out and make with a view to the same becoming aparochial road; and thereupon the Director shall have thesame powers and authority with respect to such parochialroad, or proposed new line of road, as are conferred uponh im by this or a ny o her enac tme nt, with reference to anymain road, or proposed new line of main road; and all theprovisions of this Act. or of any other enactment as afore-

said, shall thereupon apply to such parochial road, orproposed new line of parochial road, as if in each case thewords parochial road were substituted for the wordsmain road.

how and tothis A c t

roads

ain Roads Management4 . 4 1 ) The Director shall keep at such place and in

such form and manner as the Minister may from time tot ime direct a Schedule of Main Roads in which shall beentered all the lines of roads which are or have beendeclared to be Main Roads. Th e Director-shall from timeto time add to such Schedule any other road or part ofany other road which the Minister may from time to timeby notice in the Gazet te declare to be a m ain road and shallremove from the Schedule any road or part 0 f. a road whichthe Minister may from time to time by notice in theGazette declare to have ceased to be a main road.

(2) The production of a certificate-purporting to besigned by the Director Or any senior officer of his Depart-

ScheduleRoads.ofMain

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M A I N ROAVSment certifying that the road mentioned therein is a mainroad shall without further proof be prima fade evidence.Such certificate shall not be liable to stamp duty.

5.- 1) The Minister may from time to time by notice Powertothe Ministerin the Guzette to declareother roadsroads.a) add to the Schedule any other road, or part of tobemainany other road, and declare such road or part of

a road to be a main toad; andb ) remove from the Schedule any road, or part ofany road, and declare that such road or part of aroad has ceased to be a main road.

(2) Unless the road or part of a road so removedfrom the Schedule of Main Roads be forthwith taken overby the parochial authorities for parochial road purposes,l public rights of way thereover shall cease, and it shallbe lawful for the Commissioner of Lands to sell the same,giving to the owner of the adjoining land, or portion there-of, from which such road was originally taken, the firstright of purchase.6. Subject to the directions of the Minister,. the laying Dimortoout, making, repairing, widening, altering, deviating, main- ;:; aastaining, superintending and managing of main roads, and the and h econtrol of the expenditure of all moneys allotted thereto, thereof.shall be vested m the Director,. with such jxrmanent staffof engineers, superintendents and other subordinate officersas the Governor-General may from time to time appoint,and such temporary staff of superintendents and othersubordinate officers as may from time to time be appointed,all of whom shall be deemed to be officers of the PublicWorks Department within the meaning of any enactmentrelating to the same.

funds

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Property nmain roads,etc., vcstcdintheCommis-sioner ofLands.

421 1969.3rd Sch.

Boundariesand %dthsof mainroads.

Where noboundaryfence exists.

Whenbuildingsdeemed to

MAZN ROADS7. The property in the main roads, and in the land

pertaining thereto, and in all the erections and buildings,mileposts, fences and other things, erected upon andprovided for and upon such roads, with the conveniencesand appurtenances thereto respectively belonging, and thematerials of which the same consist, and the materials,tools and implements, provided for the repairing of thesaid roads shall be vested in the Commissioner of Landsor the Accountant-General as the case may be for the timebeing, for the use of Her Majesty the Queen in right of theGovernment of Jamaica and in all legal proceedings it shallbe sufficient to state generally such roads and things to bethe property of Her Majesty the Queen.8. The boundary of any main road shall be the fencerunning along it on either side and where there is no fencethe boundary shall be a line at all points twenty-five feetfrom the centre of the roadway measuring in a directionat right angles to the road.9. On any portion of a main road, where no boundaryfence exists, it shall not be lawful for any person to bringforward a fence, beyond the line of boundary on eitherside thereof and any fence so erected shall be deemed to bean encroachment on the main road within the meaning ofsection 23.10. No person shall without the consent in writing ofthe Director first had and obtained erect any building

encroach-e anmentonwithinsea ion24 .

within five feet of the boundary of any mainroad, thewidth of which, measured in a direction at right anglesto the centre line of the road, is twenty-five feet or lessand any building erected without such consent shall ldeemed to be an encroachment on a main road within themeaning of section 24.

main roadmeaning of

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M A IN ROADS 711.-(1) Every person intending to erect any fence Or Noticeofbuilding along or near the boundary, or within thirty feet ~ c ~

from the centre line, of a main road shall mark out on the ;fobnu ngground, by means of pegs T i n other sufficient manner, the aryear f ound-line on which such fence djbuilding is to be made, and, main road.having done so, shall give ten days notice to the Directorof his having done so and of his intention to make suchfence or building along the said line, before commencing tomake such fence or building.

(2) For the purposes of this section the word fenceshall include hedge or wall.(3) Every consent of the Director to the erection of

any fence or building. along or near the boundary, orwithin thirty feet from the centre line, of a main road shallbe in writing.

12. All dyewood trees, and the produce of all fruit Ownershiptrees, growing or standing on any land being part of a main podsroad shall be deemed to be the property of the owner or ;g;;&e

tines ofoccupier of the adjacent land : main roads.Provided, however, that nothing herein contained shall

prejudice the right of the Director, or any Officer of hisDepartment charged with the management and care ofany portion of a main road, in his discretion to fell or lopany tree as aforesaid that may in his judgment be preju-dicial to the road, or to any telegraph line constructedalong the same, or dangerous to persons using the road :

Provided always that any tree so felled, and the loppingsthereof, shall be deemed to be the property of the ownerof the adjacent land.

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8 M A I N ROADS ,Power toabandonedowneroad to flandtakenincertain

13.41) When the owner of any larld which it may beproposed to acquire, or enter upon, for the purpose of anew road, or alteration or widening of an existing road,is also the owner of any land through or adjoining whichany road, or part of a road, passes as to which the Ministerproposes to declare that it shall cease to be a main roador part thereof, it shall be lawful for the Commissioner ofLands or the Accountant-General as the case may be, assoon as such declaration has been made as aforesaid, toconvey to such owner, as aforesaid, in satisfaction or partsatisfaction of the compensation payable in respect of theland proposed to be acquired or entered upon, the soil of theroad or part of a road as to which such declaration has beenmade; and thereupon, in the assessment of compensationor damages payable as aforesaid, the value of the land soconveyed as aforesaid shall be taken into consideration,and shall be deducted from the compensation or damagesthat would otherwise be payable.

convey

for new roadcases.

(2) The Director may for a time divert the trafficfrom any road for the purpose of repairing, altering orimproving the road.

Power toanduse

14. The Director may, for the purposes of any workauthorized under the provisions of this Act, at any timelay down and use a tramway or tramways upon any mainroad :

lay downtemporarytramways.

Provided always that such tramway shall be so laid andmaintained as not to impede the ordinary traffic upon theroad, and that it shall not be used except for the purposeaforesaid; and on the completion of the work for thepurpose for which it was laid down, such tramway shallbe removed, and the surface of the roadway restored toits proper condition.



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M A I N R O A D S 91 5 - 4 1 )The Director may, with the approval of the Powerto

Minister, by instrument in writing, grant to any person ~ ~ ~ o ~ : ;permission to construct or lay down, maintain and use any ;;;;Eriorworks across, under, or above any main road in accordance ~ r h sacross,with such specifications, for such purposes and subject to aboveorundermainsuch conditions as may be prescribed in the instrument. roads.21 1954s.2.(2) The Director may, with the approval of theMinister, revoke any permission granted under this sectionif the works in respect of which it was granted are not con-structed, laid down, or maintained in accordance with thespecifications prescribed as aforesaid or are used other-wise than for any purposes so prescribed or in contraven-tion of any condition so prescribed.

(3) Upon the revocation of any permission grantedunder this section, the owner of the works in respect ofwhich it was granted shall, within such time as the Direc-tor, with the approval of the Minister, may specify, removesuch works from across or above or under the main road andshall restore such road as nearly as may be practicable tothe condition in which it was immediately before the con-struction or laying down of such works.

4)For the purposes of this section-works includes any roadway, railway, tramway, wireline,

conveyor belt, cableway, chute, aerial, ropeway, viaduct,aqueduct, flume, siphon, and any other works similarto any of the foregoing.

L 6

16.-(1) The Director may at any time, if he shall see Powertofit, grant permission to the owner or occupier of land pernitgatescrossadjoining any main road to erect or maintain a gate across mainroads.such main road.

(2) There shall not be less width than twelve feetbetween the gate posts of any such gate and in any suchcase the aforesaid owner or occupier shall, at his own

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10 M A I N R O A D Sexpense, keep a watchman constantly near the gate when-ever the same shall be shut, who shall open it when requiredby any person using the road.

(3) The Director may at any time, when he so seesfit, revoke any such permission to erect or maintain a gateacross any main road.

Powersto 17. The Director, or any person acting under hisdestroy authority, or any constable, may impound any animaltrespassingnimals found straying on any main road, or tethered on a main0 1 1 n ~ i n road for grazing, and may destroy or cause to be destroyedany swine or goats found at large on any main road.

impound or

roads.

Laying Out Roads-Proceedings18.-(1) When it is proposed to lay out a new main roador to divert part of an existing main road, the Director

may, by an order under his hand, authorize any officer ofhis Department, accompanied by such assistants as may berequired, to enter at reasonable times upon any lands forthe purpose of making such surveys as may be necessary toenable the said officers to make plans and sections of theproposed new road, or portion of road, and an estimateof the cost thereof.

(2) No officer or assistants shall enter upon landsunder such authority until three days notice in writinghas been given to the occupier of the lands, or, in case theoccupier is not known or cannot be found, has been posteaup conspicuously on the land, except by consent of suchoccupier.

Power t olandstosurveyforenter onmain road.

Procedure 19.-(1) When it is proposed to lay out a new main road,~~~~~~g or to widen or divert part of an existing main road, thealteringoad , ora Director shall cause a notice accompanied by a plan show-mainroad. ing the proposed new road, or the portion of the road

intended to be widened or diverted, and the lands through[The inclusion of this page is authorized by L.N. 480/1973]


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M A I N ROADSwhich it is to pass, to be deposited at the office of theCollector of Taxes of the parish in which the lands aresituated.(2) The Collector shall cause such notice and planto be exhibited to any person who may require to examinethem.

(3) The Director shall advertise the deposit of thenotice, and general purport thereof, in the Gazette forthree successive weeks.

(4) Any owner or occupier of lands through whichthe road is to pass who objects to the construction of thenew road, or the widening or diversion proposed, may,within one month of the date of the first advertisement,deliver 'to the Director a statement in writing of hisobjection, and the grounds thereof; and the Director shallconsider and decide thereon, and determine the line of roador extent or diversion to be carried out, and shall thereuponnotify the same by publication of Gazette notices for twosuccessive weeks.

The Taking of Lands20. The Director may purchase and take lands for the Powersand

undertaking under the provisions of the Lands Clauses z :Gzr-Act, subject to the following, that is to say, the lands to k::;;tJybe taken shall be for one or more of the following pin- PurFoses.poses--

a) the laying out of a main road;b) the altering of the course of a main road;

(c) the widening of a main road;d) the obtaining therefrom of materials for theconstruction or maintenance of a main road;e ) the obtaining access to lands taken for the purposespecified under paragraph (4;



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12 M A I N R O A D Sf ) the depositing thereon of materials for the con-struction or maintenance of a main road;g) the depositing thereon of earth or refuse removedfrom a main road.

PowersofDirector.

21. The Director or any person authorized by him, maydo any or all of the following things in the execution ofthe works-

a) he may, when he deems it necessary, in the courseof any works upon a main road necessitating thetemporary blocking up of such road or any por-tion thereof, or when any part of a main road isunfit for traffic, make a temporary road over landsadjoining the same, to be used as a public roadwhile the main road is being repaired, widenedor altered;

b ) he may, when he deems it necessary, for thepreservation of a main road, alter or regulate thecourse of any river, stream or watercourse notbeing navigable;

(c) he may cut drains on any lands adjoining a mainroad, for the purpose of intercepting water thatwould otherwise flow on to such main road, orof carrying off water from such main road;4 he may make deposits of the spoil or surplusmaterials from any landslips or excavation, orof any refuse from any main road;

e ) he may, subject to the provision in the next sec-tion, open and work quarries and make excava-tions tor the purpose of obtaining materials forthe construction or repair of any road or part ofa road, and also gather, collect and carry awaystones or other materials from off the surface oflands without making excavations.

the



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M A IN ROADS 1322.- 1) For any one or more of the purposes specified Powersofin either section 20 or section 21, the Director or any person and OCCUPY-

authorized by an order in writing signed by him, may at any using privatetime, without previous notice, payment, tender or deposit, lands.enter upon any lands not being more than one mile distantin a straight line from the boundary or fence of a mainroad, and not being land on which is any house, yard orgarden, or provision ground attached to a house and notbeing a park, avenue or ground ornamentally planted, andoccupy and use the said lands so long as may be necessaryfor the said purpose or purposes, or any works connectedtherewith without purchasing or taking such lands:Provided that in case of urgent necessity arising, theDirector may without any previous notice, payment, tenderor deposit, enter upon and temporarily occupy any suchlast mentioned house, yard, garden, ground, park oravenue, in the exercise of the powers conferred by section

20, paragraph a), for the purpose of making a road tobe used as a public road as in the said section mentioned:Provided also that, excepting in such a case of urgentnecessity under paragraph a) of section 20 as is mentionedin the foregoing proviso, the Director, or any personauthorized as hereinbefore provided, shall not enter uponany enclosed or cultivated land, or open or work anyquarry or make any excavation on any such land, exceptafter at least fifteen days notice in writing to the occupierof such land:Provided that when the Director or other persons asaforesaid has given such notice, and entered as aforesaid,it shall be lawful for him, without any fresh notice, tocontinue to enter upon such land, or to work such quarry,or make excavations, until he shall have ceased to do sofor the period of seven days or upwards, after which itshall be necessary to give a fresh notice before any freshentry.

entry uponing and



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14 M A I N ROADS(2) In the exercise of the powers mentioned insubsection (1) it shall be lawful for the Director or any

person authorized by an order in writing signed by him,to make such openings in any fence then existing, or there-after erected, as may be necessary for the purpose or pur-poses aforesaid, and also to erect a fence or fences toseparate any portion of the land so entered upon from theremainder; and it shall also be lawful for the Director, orany person authorized, by an order in writing signed byhim, to deposit and to manufacture and work upon suchlands materials of every kind used in the works, and forthe purposes aforesaid to erect thereupon workshops,stores, sheds and other buildings :

Provided always that nothing in this Act containedshall exempt the Director from an action for nuisance orother injury (if any) done, in the exercise of the powershereinbefore given, to the lands or habitations of any partyother than the party whose lands shall be so taken or usedfor any of the purposes aforesaid :

Provided also that no stone or slate quarry, brickfieldor other like place, which is then being worked or usedfor getting materials therefrom for the purpose of sellingor disposing of the same, shall be taken or used by theDirector for the purpose specified in paragraph e ) ofsection 20.(3) The Director shall, within a reasonable time,either purchase and take any such land entered on andoccupied as aforesaid, or shall make compensation to theowners and occupiers of and all other parties interested

in any lands, rivers, streams or watercourses, for alldamage sustained by them by reason of the temporaryoccupation of the same in exercise of the power given bythis section; so, however, that notice in writing of any claim[The inclusion of this page is authorized by L.N. 80/1973]


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M A IN ROADSfor Compensation as aforesaid be given to the Directorwithin six months after the doing of the thing in respect ofwhich compensation is claimed.

4)Such compensation shall be settled either byagreement or in the manner prescribed in the LandsClauses Act:

Provided that where lands so entered upon and occupiedas aforesaid are savanna, ruinate or waste land, or uncul-tivated land, or the bed of a river or gully nothing shall bepaid by way of compensation, or as the price of anymaterials taken therefrom; and no compensation shall bepaid for damage occasioned by or in the process of theremoval of any encroachment on the main road, unlesscaused by the wilful neglect or default of the Director, ora person acting under his authority.

Encroachments23. The following shall be deemed to be encroachments matare

a) any fence, building or construction, erected uponor extending on or over any part of a road;{ b ) any tree, or any branch, bough, or other partof a tree, fallen upon or over any part of a road;c ) any tree, branch, bough or other part of a tree,or any shrub, projecting upon or overhangingthe road, or planted or placed upon the roadwithout authorization from the Director;4 any debris or refuse, or the obstruction of any

part of the -road remaining or resulting fromanything done by or on behalf of the owner oroccupier of any land, fence, building or con-struction, adjoining the road;

encroach-on a main road- meats.

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16 M A I N ROADSe) any tree, or any branch, bough or other part of

any tree fallen from any land or fence adjoininga river, or stream or watercourse, which shallcause or tend to cause the water to flow over orotherwise to injure the road;

(f) any pit, cutting or excavation, in upon or underany land adjoining the road, which may be ormay become dangerous to persons or animalsusing the road, and which is not sufficientlyfenced or otherwise made safe;

(g) any stone, earth, timber or other substance,thrown into or placed in any river, or stream orwatercourse, which shall cause or tend to causethe water to flow over or otherwise to injure theroad;

h) any stone, earth, timber or other substance,thrown into or placed in any drain or water-course, which shall impede the drainage of waterfrom the road;

(9 any artificial canal, conduit or pipe, from whichany water escapes on to any road, owing to thedefective construction or maintenance of the samein any part of its course. In any such case theencroachment shall be deemed to proceed fromthe land on which the canal, conduit or pipe isdefectively constructed or maintained;

( I any earth, stone, timber or other substance, leftupon or deposited upon the road without author-ization from the Director;k) any gate erected or maintained on the road with-out the permission of the Director, or after such

permission shall have been revoked by him, orwithout a watchman being kept constantly nearp h e inclusion of this page is authorized by L.N. 480/1973]


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MAIN ROADS 17to the gate, whensoever the same shall be shut,for the purpose of opening it when required byany person using the road;I ) any penguin fence erected after February, 1879,abutting on the road and not having the penguinsplanted on the top of a wall or earthen bank notless than two feet in height, or a fence of woodor iron wire fixed between the penguins and theroad;

m) ny penguins spreading themselves from anypenguin fence lawfully erected so as to extendover any part of a road;n) any pipe, drain or conduit, discharging water onto the roadway of any main road from any house

or premises adjoining such road.

U,--) Whenever there shall exist any encroachment AS to theor construction, from which such encroachment proceeds, ?:Atr,or the owner of the thing constituting the encroachmentshall, after receiving a notice thereof in writing signed by bythethe Director, forthwith remove or abate the same at hisown cost.

on a main road, the owner or occupier of the land, fence removalncroach-f

Director.

(2) The notice shall specify the nature of theencroachment, and state a reasonable time within whichit must be removed.

(3) After the expiration of the time specified in anysuch notice or without any such delay if the encroachmentendangers or impedes or threatens, or is likely to endangeror impede the traffic on the road or the drainage of theroad, the Director may remove the encroachment, or causeit to be removed, in such manner as he may thi nk fit.

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18 M A IN ROADSRemoval ofencroach-ments bythe Director.

25. Where the Director directs the removal of anencroachment-a ) if the encroachment cannot be conveniently

removed without entering on the land from whichit comes, the Director may direct any officer ofhis Department, with any necessary assistants, toenter for the purpose, and without giving any notice;

b) neither the Director, nor any person acting underhis authority in the removal shall be liable fordamage occasioned thereby, unless the same iscaused by his or their neglect or default;

c ) the cost of the removal shall be paid by the owneror occupier of the land from which the encroach-ment proceeds, or of the thing constituting theencroachment, and shall be recoverable, togetherwith the costs of recovery, in the same way aspenalties are recoverable under section 100 of theLands Clauses Act;

4 anything constituting the encroachment shall beforfeited, and the Director may sell or otherwisedispose of it, unless the owner previously redeemsit by payment of the full costs of removal;

e ) whenever such thing constituting the encroach-ment is disposed of by the Director, the netproceeds, after deducting all costs of removal anddisposal, shall be credited to the owner or occupierliable for costs of removal, and shall be allowedin the settlement of such costs, and any excessof net proceeds over costs shall be paid to suchowner or occupier.

..

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M A I N ROADS 19Oflences

26. Any of the following persons shall be guilty of an Listofoffence against this Act, and shall be liable, on summary againstthisoffclicesconviction, to a penalty not exceeding the amount herein Actenaltiesndspecified in respect of such offence- therefor.

any owner or occupier of land from which anyencroachment proceeds, or the owner of anythingconstituting any encroachment, who after duenotice shall not within the time specified in thenotice have removed such encroachment-tendollars;any person who hinders or obstructs the Director,or any person duly authorized by him, whileacting under the provisions of this Act-twentydollars;any person who cuts down any tree so that thesame falls into a main road, or obstructs a mainroad, or diverts a river, stream or watercourse,so as to make it encroach upon or injure a mainroad, and does not forthwith set about to removethe same-ten dollars;any person who, without permission from theDirector, takes any materials from any road, orfrom any quarry or excavation or place of depositmade and used in connection with the under-taking-ten dollars :

Provided that nothing herein shall prevent theperson in possession of the land on which suchquarry or excavation is situated, or any personauthorized by him, from digging materials there-from and carrying away the materials so dug;any driver of a carriage who rides upon that or anyother carriage, or upon the shafts thereof, or upon

[ r h e inclusion of this page is authorized by L.N. 480119731


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20 M A IN ROADSany beast drawing the same, on any main road,without having some other person on foot toguide such carriage, unless the beast or beastsharnessed to such carriage is or are effectuallyguided and controlled by the driver thereof bymeans of reins-four dollars;any driver of a carriage who leaves the samestanding upon any main road without someproper person to hold the beast or beasts attachedto the same, or who is negligently or wilfully atsuch a distance from the carriage, or in such asituation, that he has not proper control over thebeast or beasts attached to the same-four dollars;any driver of a carriage who, by negligence ormisbehaviour, causes hurt or damage to anypersons horse, cattle, carriage or goods on anymain road-four dollars;any driver of a carriage, or of any horses, mulesor other beasts of draught or burden, on anymain road who, when meeting or being overtakenby any other carriage or beast of burden ordraught, does not keep his carriage or horses,mules or beast of draught or burden, on the leftor near side of the road, except when in the actof passing another carriage, horse, mule or beastof draught or burden, going in the same direction-four dollars;any person who wilfully or negligently prevents,hinders or intercepts, the free passage of anyother person or any carriage or beast, on anymain road, or who draws up any carriage in suchmanner as to obstruct the free passage along theroad-f our dollars;



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M A I N R O A D S 21(10) any person who rides or drives furiously on any

main road, or in a manner dangerous to otherpersons using the road-ten dollars;

(11) any person who wilfully or through negligencecauses damage to any main road, or any wall,bridge, culvert, fence, mile post, guide or directionpost, road sign, drain or other structure, pertain-ing thereto-four dollars;

(12) any person who, having blocked or scotched thewheel of a carriage, allows the stone or otherthing used for the purpose to remain on the road-way after the carriage has moved away-fourdollars;

13) any person who draws any logs, stones or heavyarticles, upon any main road otherwise. han upona wheeled carriage--four#dollars;

, I

(14) any person who uses any instrument for retardingthe progress of any carriage, whereby the roadis unnecessarily injured-four dollars;

(15) any person who leaves any carriage upon any mainroad, except in case of an accident, or: in that casefor a longer time than is necessary to-remove thesame-four dollars;

(16) any driver of a carriage any part of 'which, or ofthe lading or any shaft or outrigger of which,shall extend laterally more, than six inches beyondthe axle-four dollars;

(17) [Deleted by Act 13-of+IQ8.5,. [email protected] ,[The inclusion of this page is authorized by L.N. 172/1986]


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22 M A l N ROADSany person who removes or destroys any barrierplaced on a main road by the Director, or anyperson authorized by him, for the purpose ofdiverting the traffic-four dollars;leading or driving any horse, gelding, mare, filly,mule, or donkey, loaded or unloaded and notattached to a wheeled vehicle, along any mainmountain bridle road, and neglecting to havesuch animal under proper control by means ofropes or reins-four dollars;any person who allows any horned stock, horse,mule, ass, sheep, goat or pig, to be at large on anyroad except whikt being lawfully driven alongsuch road-four dollars :

Provided that this provision shall not apply tothe owner or occupier of any unfenced land anyof whose animals as aforesaid are allowed to beat large on the portion of the road that traversessuch land;any person riding, driving or being upon anycarriage, bicycle, tricycle, or other similar machineon a road, who contravenes, or fails to complywith any of the provisions of section 27-fourdollars;the owner of any horned stock, horse, mule, ass,sheep, goat, or pig tethered on any road, or sotethered as to be able to stray on any road-fourdollars;any person who tethers, or allows to be tethered,on any road, or so as to be able to stray on anyroad any horned stock, horse, mule, ass, sheep,goat or pig-four dollars;_____---[The inclusion of this page is authorized by L.N. 172/1986]


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M A I N ROADS 23(24) any person driving or riding any carriage, who

upon overtaking any carriage, or any horse, orother beast of burden, or any foot passenger,being or proceeding along the carriage way, oron approaching a corner, neglects or fails, withina reasonable distance from and before passingsuch carriage, horse, or other beast of burden,or such foot passenger, or from and before passingsuch corner, to sound a bell or whistle, or other-wise give audible and sufficient warning of hisapproach-four dollars;

(25) any person riding, driving or being upon or incharge of any carriage other than a motor vehiclewithin the meaning of the Road Traffic Act,who uses, or sounds a horn operated by means ofa pneumatic bulb as a means of giving warningof the approach of such carriage-four dollars;

(26) any person who cuts away or causes or procuresto be cut away any hill-side or bank or landadjoining any main road, whether above or belowsuch road, whereby the stability of such road isor may be lessened or the safety of personspassing along it is or may be endangered-fourdollars;(27) any person who works or cultivates, or causes orprocures to be worked or cultivated, any part ofany hill-side or bank on land adjoining any mainroad, whether above or below such road, withinfive feet of the boundary of a main road wheresuch hill-side or bank slopes more than one footin three-four dollars;

F e nclusion of this page is authorized by L.N. 68/1978]


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24 M A l N ROADS(28) any person who plants or causes or procures to beplanted any coconut tree within thirty feet fromthe centre line of a main road-four dollars;(29) any person who erects any fence or buildingalong or near the boundary, or within thirty feetfrom the centre line, of a main road without

marking out the same and giving the notice bysection 11 required, or having marked out suchline and given such notice shall, except with theconsent in writing of the Director, commence toerect such fence or building otherwise than alongthe line marked out as aforesaid-four dollars.

Lights and CarriagesLampsand 27.-(1) On every carriage (except motor vehicles asduring defined in the Road Traffic Act) in use on a road withinperiod.pecifi d the period specified in this section, save as in subsection(2) mentioned-

a) two front lamps at least shall be carried andshall be so constructed and affixed on the outsideof the camage as to show when lighted whitelights adequate to signal the approach or positionof such carriage; one of such lamps shall beplaced on the extreme right or off side, and theother on the extreme left or near side, of thecarriage and in such a position as to be free ofall obstruction to the light;

b ) except where the front lamps when lighted exhibitred lights visible from the rear within a reasonabledistance, a tail lamp shall be carried so placedand in such a position, free of all obstruction, asto exhibit, when lighted a red light, visible in thereverse direction at a reasonable distance :

lighting



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M AI N ROADS 25Provided it shall be sufficient for a cart, wagon ordray to be fitted with one lamp so placed as to exhibit

to the traffic on the road a white light adequate to signalthe approach or position of such cart, waggon or drayand a red light visible within a reasonable distance in thereverse direction.(2) On every bicycle, tricycle, or other similar

machine, when in use on a road within the period specifiedin this section, one front lamp at least shall be carried,so affixed thereto as to show when lighted a white lightadequate to signal the approach or position of suchmachine and a tail lamp so placed and in such a position,free of all obstruction, as to exhibit a red light visible inthe reverse direction at a reasonable distance:

Provided it shall not be necessary to carry a lampshowing a red light to the rear if such machine hasattached thereto an unobscured and efficient red reflector.(3) Every such lamp shall be kept properly trimmedand ready for lighting and shall be lighted when thecarriage, bicycle, tricycle, or other similar machine is in use

on any road during the period between one-half hour aftersunset and one-half hour before sunrise.(4) Notwithstanding anything in this sectioncontained when a carriage is stationary it shall be sufficient

for the same to be fitted with one lamp so placed as toexhibit on the side of the carriage exposed to the trafficon the road a white light visible within a reasonable distancein the direction in which the carriage is intended to pro-ceed, and a red light visible within a like distance in thereverse direction.

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26 M A I N ROADSPower to Arrest

Power to 28.-(1) The Director, or any person authorized by him,offenderson or any Justice or constable and all persons whom they orwarrant. any one of them may at any time call to their assistance,may take into custody without warrant to be dealt withaccording to the provisions of this Act, any person who isguilty in their sight of any of the offences specified in section26.

arrestview without

(2) The power of arrest conferred by this sectionon a constable shall extend to cases where although anysuch offence has not been committed in his view, suchconstable is informed by some person known to him thatsuch offence has been committed in the sight of such person,and is required by him to arrest the offender :

Provided that no constable shall arrest any person onthe information of any other person as aforesaid unless heshall take both the informer and the person accused to thenearest police station that the informer may sign the chargesheet, or before a Justice for the purpose of laying aninformation.

(3) No person shall be liable to be arrested underthis section if, on demand, he shall give his name andaddress unless the constable or other person having powerof arrest under this section has reason to believe andbelieves the name and address given to be false.Legal

Making and 29.-( 1) In every contract, release, covenant or agree-deedsand ment, deed or instrument, in relation to the main roads, tohstrumentselating to which the Director is a party, it shall be sufficient to describemain roads. him by the style of Chief Technical Director without naming45/1953 him, and every such contract, release, covenant or agree-

ment deed or instrument, may be executed by the Director. 2 (a)&(b).

execution of



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M A I N ROADS 27or by any duly authorized officer by signing his name, orif the instrument be in the form of a deed, by signing, sealingand delivering the same as his deed.

(2) For the purposes of this section a duly author- 4511953ized officer shall be any officer of the Public Works Depart- s. 2 (c).ment appointed by the Director from time to time in writingunder his hand for the purposes mentioned in subsection(l),subject to such limitations as the Director may impose.

*30. The Director may sue and be sued in respect of any Act:onsor action to be brought by or against the Director it shall 68 /1958without naming him; and such action or suit shall not abateby the death, resignation, departure from this Island orremoval from office, of the person holding the office ofDirector.

cause of action relating to the main roads; and in any suit mainroads.elating tobe sufficient to describe him as Chief Technical Director, s 33.

31. All deeds, contracts, conveyances, receipts, agree- Exemptionments and other documents, made or given under this Act ofu t ia .tampshall be free of stamp duty.32. The Director and all persons employed by or under Exemption

him, shall be exempt from personal responsibility for any ZEn+act done under the provisions and powers of this Act** and :;gg;all damages and costs which may be recovered against the actsdoneDirector in any action or suit for acts so done shall be paid Act.out of the Consolidated Fund on the warrant of the Minis- 6811958ter.

under this

s. 33.*This section is repealed by section 33 of the Crown Proceedings Act, in so faras it affects proceedings by or against the Crown or any officer of the Crownas defined in that Act.

~ ~*The words and all damages Minister following the asteriskare repealed by section 33 of the Crown Proceedings Act, insofar as the affectproceedings by or against the Crown or any officer of the Crown as d e L e d inthat Act.[The inclusion of this page is authorized by L.N. 480/1973]


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28 M A I N ROADSRight of 33. In any prosecution under this Act the Director andany officer of his departm ent shall have the right of free

process in any of the Courts of Judicature in this Island.free process.

Miscellaneous34. Payments and deposits required to be made by thepromoters shall be made by the Accountant-General onthe warrant of the Director.

Paymentsters howby promo-made.

-Specialpub-sections23:$&

35. The Commissioner of Police shall cause copies ofsections 23 and 26 to be printed upon posters in large type,and kept affixed outside every police station that abuts ona main road, and at such other public places as he maythink fit.

licationof

LandsClauses Actpartiallyin-corporated.36. With this Act is incorporated the Lands Clauses Actexcept sections 10, 11, 12, 13, 14, 15, 16, 84, 88, 101, 104,

105 and except where the provisions of that Act are incon-sistent with the provisions of this Act.


main roads act. jamaica

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