The Roads Act

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CHAPTER 167
THE ROADS ACT
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
ROAD MANAGEMENT
4. Responsibilities of Ministry.
5. Appointment of road authority.
6. Functions of road authority.
7. Establishment of Regional Roads Board.
8. Functions of Regional Roads Board.
9. TANROADS Board.
10. Functions of TANROADS Board.
part iii
ROAD CLASSIFICATION AND DECLARATION
11. Minister may classify and reclassify public roads.
12. Classes of public roads.
13. Declaration of public road.
14. Plans of public roads.
15. Minister may give notice of construction of a road.
16. Compensation for acquired land.
17. Private roads.
part iv
EXECUTION OF ROAD WORKS
18. Power to enter and survey.
19. Power of road authority to take stones and materials.
20. Power to cut and remove trees.
21. Power of road authority to make ditches etc.
22. Power to place stones, etc., on public roads.

s and materials.
20. Power to cut and remove trees.
21. Power of road authority to make ditches etc.
22. Power to place stones, etc., on public roads.

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308
23. Removal of obstructions and encroachments. 24. Preventing soil, from being washed onto roads. 25. Owner of adjoining lands to have bridge over drain. 26. Erection of temporary premises. 27. Temporary closure of new public roads after construction. 28. Construction of special roads and restriction of traffic. 29. Use of road reserve. 30. Protection of environment. part v
ROAD SAFETY
31. Road furniture. 32. Speed limit. 33. Safety of road users. 34. Driving on public roads. part vi
ROADS OF ACCESS
35. Application to construct roads of access. 36. Notice to be served on holders of lands to be affected. 37. Right of way over road of access. 38. Power of road authority to cancel or alter road of access. 39. Prohibition of certain classes of traffic. 40. Appeals. part vii
RESTRICTIONS ON USE OF ROADS
41. Restriction of traffic during repairs. 42. Regulation of maximum weight, speed and dimensions. 43. Notice to remove obstruction. part viii
FINANCIAL PROVISIONS
44. Sources of Funds. 45. Accounts and audit. 46.

ximum weight, speed and dimensions. 43. Notice to remove obstruction. part viii
FINANCIAL PROVISIONS
44. Sources of Funds. 45. Accounts and audit. 46.

Annual report. 47. Laying of accounts before National Assembly.

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THE ROADS ACT [CAP. 167 R.E. 2023]
part ix
OFFENCES, PENALTIES AND RECOVERY
48. Destroying bridges, etc.
49. Causing damage to public roads.
50. Obstructions on roads.
51. Nuisance on Roads.
52. Restriction on rails, pipes, etc. over public roads.
53. Stretching of ropes, etc over public roads.
54. Road authority may recover cost of damage to road.
55. Power to recover expenses of extraordinary traffic.
56. Road authority not liable.
57. Obstruction to officers.
58. General penalty.
59. Disapplication of Executive Agencies.
part x
MISCELLANEOUS PROVISIONS
60. Indemnity.
61. Regulations.
62. Repeal and Savings.
SCHEDULES

l penalty.
59. Disapplication of Executive Agencies.
part x
MISCELLANEOUS PROVISIONS
60. Indemnity.
61. Regulations.
62. Repeal and Savings.
SCHEDULES

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.310
CHAPTER 167
THE ROADS ACT
An Act to make provisions for the road financing, development,
maintenance, management and other related matters. [1st December, 2007]
[GN. No. 4 of 2008]
Acts Nos. 13 of 2007
4 of 2021
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Roads Act. 2. This Act shall apply to Mainland Tanzania. 3.

ts Nos. 13 of 2007
4 of 2021
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Roads Act. 2. This Act shall apply to Mainland Tanzania. 3.

In this Act, unless the context requires otherwise-
“audits” means financial, technical, safety or management
audits;
“authorised officers” means an officer of the Ministry or
road authority;
“centre of a road” means centre line of that part of a road
commonly used by vehicles;
“classified road” means any road declared under section 11
to be a public road;
“development” means upgrading of a road which may include
a new road construction, widening or rehabilitation or
reconstruction;
“emergency repair” means unforeseen works required to
reinstate the roads;
“local government authority” has the same meaning as
ascribed to it under the Local Government (District
Authorities) Act, and the Local Government (Urban
Authorities) Act;
Short title
Application
Interpretation
Cap. 288
Cap. 287

ocal Government (District
Authorities) Act, and the Local Government (Urban
Authorities) Act;
Short title
Application
Interpretation
Cap. 288
Cap. 287

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THE ROADS ACT [CAP. 167 R.E.

ent of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.311
THE ROADS ACT [CAP. 167 R.E.

2023]
“Minister” means the Minister responsible for roads;
“Ministry” means the Ministry responsible for roads;
“private road” means any road constructed by any person
not being the road authority and passing through a
private land;
“public road” means any road specified in the First Schedule
to this Act and any road which may be classified by the
Minister under section 11 of this Act to be a public road
and includes every carriageway over which the public has
a right of way and shall include the pathways on either side
thereof, all drains, ditches, embankments, ferries, bridges
appertaining thereto, and all land, not being private
property, lying within the road reserve of such road;
“Regional Roads Board” means the Board established under
section 7;
“regional roads” means toads as provided under section
12(2)(b);
“right of way” means right to use the roads;
“road authority” means any local government authority
and includes any institution, agency or any other body
entrusted by the Minister with the duties to develop,
manage and maintain road;
“road furniture” includes traffic lights, sign posts, traffic
signs, hard rails and fences that provide information to
road users;
“road maintenance” means all works to preserve and to
sustain the condition of the road including riding quality,
road shape, drains, culverts, bridges and other road
facilities;
“Road reserve” means the area of land specified by the
Minister under section 13(1) and lying on either side of
the road measured from the centre of such road;
“TANROADS” means Tanzania National Roads Agency
established under the Executive Agencies Act;
“trunk road” means road as provided for under section
12(2)(a);
Cap.

eans Tanzania National Roads Agency
established under the Executive Agencies Act;
“trunk road” means road as provided for under section
12(2)(a);
Cap.

245

245

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
312
“user charge” means any charge imposed on a user for
the use of the road network, including weight-distance
charges, fuel levies, transit charges, tolls and abnormal
load charges. PART II
ROAD MANAGEMENT
4. The Ministry shall have the following responsibilities:
(a) to formulate road policy;
(b) to cause to be prepared and coordinate the
implementation of roads investment and development
programmes;
(c) to prepare guidelines, standards and specifications for
road works and monitoring the performance of the
road network;
(d) to promote and foster capacity building in road sector;
(e) to promote involvement of the private sector in
development, maintenance and management of roads;
(f) to oversee and monitor road safety and environmental
issues;
(g) to perform any other function as the Minister may
determine;
(h) to audit or to cause auditing of the road authority in
terms of financing, safety, technical and management
in road works.

Minister may
determine;
(h) to audit or to cause auditing of the road authority in
terms of financing, safety, technical and management
in road works.

5.–(1) The Minister may, by notice in the Gazette appoint a
road authority for the purpose of this Act. (2) The Minister shall specify the area or roads over which the
road authority under subsection (1) shall exercise jurisdiction
in relation to construction, alteration, maintenance, protection
and supervision of such roads. (3) The Minister may, by notice published in the Gazette,
delegate any of the powers or functions of the road authority
to any public institution or agency in respect of the area or
specified road. Responsibilities
of Ministry
Appointment of
road authority

oad authority
to any public institution or agency in respect of the area or
specified road. Responsibilities
of Ministry
Appointment of
road authority

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.313
THE ROADS ACT [CAP. 167 R.E. 2023]
(4) In any case where the Minister has assigned or has
delegated any of the duties under this section to any public
institution or agency, the exercise by such public institution
or agency, of any of the powers or duties conferred upon
road authorities by this Act, shall not be invalidated solely
by reason of the fact that no notice was published in the
Gazette, that the powers and duties of a road authority had
been conferred upon or delegated to such public institution
or agency. 6.–(1) The road authority shall be responsible for the
development, maintenance and management of public roads
and related facilities.

tion
or agency. 6.–(1) The road authority shall be responsible for the
development, maintenance and management of public roads
and related facilities.

(2) Without prejudice to the generality of subsection (1),
the road authority shall-
(a) develop roads based on the national roads investment
and development programme;
(b) prepare and implement short and long term road
maintenance programme
(c) negotiate concession agreements with private sector
entities to facilitate financing and development of
selected roads in accordance with guidelines prescribed
by the Minister;
(d) adopt a harmonised approach on technical standards
for the promotion of the sustainable road network;
(e) carry out from time to time such necessary engineering,
traffic and economic studies as it may consider
necessary for the maintenance and improvement of the
road network;
(f) undertake research or collaborate with any research
organisation with a view to facilitate the road
authority’s planning, development, and maintenance
activities;
(g) control the use of roads with the aim of providing safe
and adequate infrastructure for road transportation
commensurate with the economic development of the
country;
Functions of road
authority

viding safe
and adequate infrastructure for road transportation
commensurate with the economic development of the
country;
Functions of road
authority

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314
(h) conduct and maintain inventories and other relevant
surveys for all roads under its jurisdiction;
(i) establish, maintain and update the road management
systems. 7.–(1) There is hereby established for each region a Regional
Roads Board.

risdiction;
(i) establish, maintain and update the road management
systems. 7.–(1) There is hereby established for each region a Regional
Roads Board.

(2) The Regional Roads Board shall consist of-
(a) the Regional Commissioner who shall be the Chairman
of the Board;
(b) the Regional Administrative Secretary who shall be the
Secretary of the Board;
(c) constituency Members of Parliament and not more
than two Members of Parliament from other categories
of the members in the respective regions;
(d) not more than three members from the private sector
road users nominated by the Regional Commissioner
in consultation with the Minister;
(e) District Commissioners of the districts in the region;
(f) a mayor of City Council or Municipal Council and
every Chairman of a District Council within the region;
(g) every Council Director in charge of District Council,
Municipal Council and City Council within the region;
(h) the Regional Manager of TANROADS in the region;
(i) the Regional Engineer in the Regional Secretariat; and
(j) the Engineers in the Councils within the region. (3) Members of the Regional Roads Board including the
Chairman shall be appointed by the Minister. (4) The provisions of the Fourth Schedule to this Act shall
have effect to the composition, tenure and proceedings of the
Regional Roads Board. 8.

er. (4) The provisions of the Fourth Schedule to this Act shall
have effect to the composition, tenure and proceedings of the
Regional Roads Board. 8.

The functions of the Regional Roads Board shall be-
(a) to advise and make recommendations to the Minister,
on any matter relating to the development, maintenance
and management, of the roads within the region for
which the Regional Roads Board has been established;
Establishment of
Regional Roads
Board
Functions of
Regional Roads
Board

ads within the region for
which the Regional Roads Board has been established;
Establishment of
Regional Roads
Board
Functions of
Regional Roads
Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.315
THE ROADS ACT [CAP. 167 R.E. 2023]
(b) to receive and consider mid-year and annual progress
reports on road construction and maintenance from
the road authorities within the region;
(c) to receive and consider annual work plans from the
road authorities within the region for the purpose of
connectivity and cordination between different levels
of road networks and between councils; and
(d) to perform any other functions as the Minister may
determine. 9.–(1) There shall be the Board for TANROADS.

oad networks and between councils; and
(d) to perform any other functions as the Minister may
determine. 9.–(1) There shall be the Board for TANROADS.

(2) Notwithstanding the provisions of the
Executive Agencies Act in relation with composition of the
Board, the TANROADS Board shall consist of-
(a) a Chairman, who shall be appointed by the President
from amongst persons outside the public service;
(b) not more than eight members appointed by the Minister
from sectors, institutions or associations as follows:
(i) one member representing the road transport
industry who shall be nominated by the transport
association;
(ii) one member representing local government
authorities who shall be nominated by the
Minister responsible for local government;
(iii) one member representing Treasury who shall be
nominated by the Minister responsible for finance;
(iv) one member representing the Confederation of
Tanzania Industries who shall be nominated by
the Confederation;
(v) one member representing the tourist industry who
shall be nominated by the Tanzania Tourism Board;
(vi) one member representing the Land Transport
Regulatory Authority who shall be nominated by
the Director General;
(vii) one member representing the directorate of roads
from the Ministry who shall be nominated by the
Permanent Secretary;
TANROADS
Board
Cap. 245

l;
(vii) one member representing the directorate of roads
from the Ministry who shall be nominated by the
Permanent Secretary;
TANROADS
Board
Cap. 245

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316
(viii) one member representing the Road Fund who
shall be nominated by the Roads Fund Board; and
(ix) one member representing the Office of the
Attorney General. (3) The provisions of the Fifth Schedule to this Act, shall
have effect to the tenure and proceedings of the Board. 10.

ffice of the
Attorney General. (3) The provisions of the Fifth Schedule to this Act, shall
have effect to the tenure and proceedings of the Board. 10.

Subject to the Executive Agencies (The Tanzania National
Roads Agency) (Establishment) Order, the functions of the
TANROADS’ Board shall be to:
(a) advise the Minister on the performance of TANROADS;
(b) approve work programmes;
(c) monitor TANROADS performance;
(d) advise on the road safety and mechanism to reduce
negative environmental impact in the road network
control;
(e) ensure establishment and proper maintenance of road
data bank;
(f) maintain cooperation with other road authorities;
(g) ensure that TANROADS carries out research and
development as necessary in support of its aims and
functions;
(h) advise on the development and maintenance of a
strategic framework;
(i) set priorities and annual performance targets for
TANROADS;
(j) consider TANROADS annual reports and accounts;
(k) evaluate TANROADS performance. PART III
ROAD CLASSIFICATION AND DECLARATION
11.–(1) The Minister may, by notice in the Gazette, classify or
reclassify public roads for the purposes of this Act and may
define the boundaries of, any class of roads, according to the
criteria specified under section 12. Functions of
TANROADS
Board
GN. No. 293 of 2000
Minister may
classify and
reclassify public
roads

ccording to the
criteria specified under section 12. Functions of
TANROADS
Board
GN. No. 293 of 2000
Minister may
classify and
reclassify public
roads

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THE ROADS ACT [CAP. 167 R.E. 2023]
(2) In exercising the powers conferred by subsection (1),
the Minister shall-. (a) be guided by functional or administrative criteria; and
(b) consult the Minister responsible for local government
authority in case of classification of district roads. (3) The Minister shall have powers to determine such other
width on a classified road from the centre of any public road. 12.–(1) The public road network in Mainland Tanzania is
hereby classified as national roads and district roads. (2) A national road shall include-
(a) a trunk road which is primarily-
(i) a national route that links two or more regional
headquarters; or
(ii) an international through route that links regional
headquarters and another major or important city
or town or major port outside Tanzania. (b) a regional road which is a secondary national road that
connects-
(i) a trunk road and district or regional headquarters;
(ii) a regional headquarters and district headquarters.

secondary national road that
connects-
(i) a trunk road and district or regional headquarters;
(ii) a regional headquarters and district headquarters.

(3) The district road shall include-
(a) a collector road which is-
(i) a road linking a district headquarters and a
division centre;
(ii) a road linking a division centre with any other
division centre;
(iii) a road linking a division centre with ward centre;
(iv) a road within urban area carrying through
traffic which predominantly originates from and
destined out of the town and links with either
regional or a trunk road;
Classes of public
roads

rough
traffic which predominantly originates from and
destined out of the town and links with either
regional or a trunk road;
Classes of public
roads

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318
(b) a feeder road which shall be-
(i) a road within urban area that links a collector
road and other minor road within the vicinity and
collects or distributes traffic between residential,
industrial and principal business centres of
the town;
(ii) a village access road linking wards to other wards
centres;
(c) a community road within the village or a road which
links a village to a village. (4) The Minister may, by notice published in the Gazette
prescribe the width of the classified roads specified under
subsections (1), (2), and (3). 13.–(1) A road set out in the First Schedule to this Act is hereby
declared to be a public road for purposes of this Act. (2) The Minister may, taking into consideration any road
declaration, road closure, diversion, turning, and enlargement,
amend the First Schedule to this Act.

Minister may, taking into consideration any road
declaration, road closure, diversion, turning, and enlargement,
amend the First Schedule to this Act.

14.–(1) The Minister shall cause a plan or survey to be prepared
of all public roads declared under this Act and shall, from time
to time, cause any deviation or alteration made in any existing
public road to be added to the plan or survey. (2) The plans or survey shall be authenticated by a
professional surveyor or other public officer authorised by the
Minister. (3) The authenticated plans or survey shall be submitted to
the Director of surveys and mapping for registration. 15. Where it appears to the Minister that it is desirable and
necessary in the public interest to construct a new road or to
widen, deviate or re-align an existing road or road of access
as a road under this Act, the Minister shall publish a notice in
the Gazette showing the situation and other particulars of the
centre line of the proposed road. Declaration of
public road
Plans of public
roads
Minister may
give notice of
construction of
a road

rticulars of the
centre line of the proposed road. Declaration of
public road
Plans of public
roads
Minister may
give notice of
construction of
a road

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THE ROADS ACT [CAP. 167 R.E. 2023]
16. Where it becomes necessary for the road authority to
acquire a land owned by any person for purposes of this Act,
the owner of the land shall be entitled to compensation for
any development on that land in accordance with the Land
Acquisition Act, Land Act, Village Land Act and any other
written law. 17.–(1) The road authority may authorise the establishment
of a private road within the area of its jurisdiction or declare
any existing road to be a private road subject to conditions as
it may prescribe. (2) Except where the road authority declares otherwise,
a private road shall be for the exclusive use of the person
authorised to establish such a road. (3) Where a public road is inaccessible or becomes
impassable, the road authority may order the owner of a private
road, subject to conditions as may be prescribed to make road
temporarily open to the general public until the time as the
public road is accessible or becomes passable again.

ns as may be prescribed to make road
temporarily open to the general public until the time as the
public road is accessible or becomes passable again.

(4) A person who fails to comply with an order under
subsection (3) commits an offence. (5) A damage to a private road caused by any additional
traffic as a result of such road having been opened to the
general public under subsection (3), shall be made good by the
road authority having jurisdiction over such road. PART IV
EXECUTION OF ROAD WORKS
18.–(1) The road authority or an authorised officer or surveyor
after consultation with the relevant authorities may, at all
reasonable times and with proper assistants, enter upon the
land owned by any person for the purpose of ascertaining
whether it is advisable in the public interest to construct a
road on or over such land and for that purpose to run trial
lines, make surveys and fix any post, stone, mark or object on
such land. Compensation for
acquired land
Cap. 118
Cap. 113
Cap. 114
Private roads
Power to enter
and survey

nd fix any post, stone, mark or object on
such land. Compensation for
acquired land
Cap. 118
Cap. 113
Cap. 114
Private roads
Power to enter
and survey

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320
(2) In exercising the powers under subsection (1), the road
authority, authorised officer or surveyor shall give at least
fourteen days notice in writing of his intention to do so. 19.–(1) The road authority may, with necessary vehicles and
equipment after consultation with relevant authorities, enter
upon the land owned by any person in any place not less
than fifty meters from any dwelling-house, and on, through
and over such land construct a passage way for such vehicles,
and, may collect from such land any stones, sand, earth, gravel
or other material which may be required for the purpose of
opening, making or repairing any public road in the vicinity. (2) The road authority may acquire quarries for the purpose
of developing and maintaining road in any area under its
jurisdiction and the Minister responsible for finance after
consultation with the Minister responsible for minerals may
exempt the road authority from paying any levy, royalty and
fees for licence.

inance after
consultation with the Minister responsible for minerals may
exempt the road authority from paying any levy, royalty and
fees for licence.

(3) In exercising the powers vested under this section, the
road authority shall give to the owner of the land notice in
writing at least fourteen days before entry on such land. 20. The road authority may, after consultation with relevant
authorities, enter upon any land adjacent to any public road
for the purpose of removing the whole or any part of any
tree which overhangs such road, obstructs or interferes with
the light from any public lamp, or endangers or obstructs
the passage of vehicles or which grows in a way that causes
damage to such road or interferes with its proper performance
or maintenance. 21. The road authority may make and keep open all ditches,
gutters, drains or watercourses, and may make and lay drains,
culverts, tunnels or bridges as it shall deem necessary for the
draining, reservation, improvement, repair or construction
of any public road in and through any lands or grounds
adjacent or lying near such public road, provided that drain,
Power of road
authority to
take stones and
materials
Power to cut and
remove trees
Power of road
authority to make
ditches etc

d, provided that drain,
Power of road
authority to
take stones and
materials
Power to cut and
remove trees
Power of road
authority to make
ditches etc

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.321
THE ROADS ACT [CAP. 167 R.E. 2023]
tunnel or culvert shall not be opened into private property
in such manner which may cause damage or erosion on such
property. 22. The road authority may place any stone, gravel, wood or
other matter or thing upon any public road and may allow the
same to remain there during the time such public road is under
repair, or for such time before the repairs are commenced
and after the repairs are completed, as may be necessary for
facilitating the making of such repairs, or for preventing
damage to such recently repaired public road, and shall take
due and reasonable precaution for preventing damage or injury
to persons, vehicles or animals passing along such public road. 23.–(1) The road authority may give notice in writing to any
person obstructing or encroaching on any public road to
remove or abate such obstruction.

23.–(1) The road authority may give notice in writing to any
person obstructing or encroaching on any public road to
remove or abate such obstruction.

(2) Where a person to whom notice has been given under
subsection (1), fails to comply with such notice within a
prescribed time or if there be any doubt as to the proper person
to whom such notice should be given, the road authority may,
after affixing a notice of its intention on or near the obstruction
or encroachment, cause the obstruction or encroachment to
be removed or abated. (3) For purposes of giving effect to subsection (2), the road
authority may enter into any house, garden, enclosure or other
premises with such instruments for the removal or abatement
of any obstruction or encroachment and may recover the
costs occasioned from the person failing to remove or abate
the same. 24.–(1) The road authority may give notice to the owner of any
lands abutting upon any public road, requiring him, within
twenty-eight days after the service of the notice, to fence off,
channel or embark the land in order to prevent soil or refuse
from such land from falling upon, or being washed or carried
into the public road, or into any sewer or gully. Power to place
stones, etc., on
public roads
Removal of
obstructions and
encroachments
Preventing soil,
from being
washed onto
roads

y sewer or gully. Power to place
stones, etc., on
public roads
Removal of
obstructions and
encroachments
Preventing soil,
from being
washed onto
roads

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
322
(2) Where a person served with a notice under subsection
(1) fails to comply with such notice, the road authority may
cause the work to be done and shall recover the costs incurred
from the owner. 25.–(1) Where the owner of any premises or any land adjoining
any public road, by the side of which a drain has been made,
requires a means of access to such premises or land from such
road, he may place or construct over such drain a bridge,
platform or culvert in a manner which does not interfere with
the efficiency of such drain in accordance with section 35. (2) The road authority may require a person having access to
any premises or land contrary to the provisions of subsection
(1) to build a bridge, platform or culvert for access and if he
fails to do so within a reasonable time, the road authority may
cause the same to be done and recover the costs incurred from
the owner of such premises or land.

so within a reasonable time, the road authority may
cause the same to be done and recover the costs incurred from
the owner of such premises or land.

26.–(1) This Part shall not prevent a public officer duly
authorised in that behalf from making temporary use of
any part of any public road for the public service, nor shall
it prevent the road authority from granting its licence to any
person or persons for the erection of temporary fences and
enclosures upon any public roads for the purpose of building,
pulling down or repairing their houses and other buildings or
for the erection of temporary decorations. (2) The length and breadth of enclosures under subsection
(1) shall be described in such licence, and the licensee shall
ensure sufficient room for vehicles to pass, and immediately
after sunset during all the time that the enclosure continues
and if so required in such licence by the road authority, place
and keep a sufficient light or some conspicuous sign upon the
premises till sunrise. (3) A person who contravenes subsection (2) commits an
offence. Owner of
adjoining lands to
have bridge over
drain
Erection of
temporary
premises

ise. (3) A person who contravenes subsection (2) commits an
offence. Owner of
adjoining lands to
have bridge over
drain
Erection of
temporary
premises

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.323
THE ROADS ACT [CAP. 167 R.E. 2023]
27. The road authority may prohibit a person from riding or
driving any kind of animal or vehicle on any public road for a
period as it shall consider necessary, not exceeding one month
after that road has been constructed or repaired and a person
who willfully disobeys that order, commits an offence. 28.–(1) The road authority may construct or maintain a public
road or part of a public road restricted to the exclusive use
of any specified kinds of traffic or to traffic moving in one
direction only or to construct and maintain adjacent to any
public road a track or passage which, for purposes of this Act,
shall also be deemed to be a public road for the exclusive use
of pedestrians or ridden or driven animals.

or passage which, for purposes of this Act,
shall also be deemed to be a public road for the exclusive use
of pedestrians or ridden or driven animals.

(2) In exercise of the powers conferred by subsection (1),
the road authority may give orders prohibiting the use of any
public road by any class or classes of traffic, and otherwise
regulating or restricting the manner in which any public road
or part of a public road is to be used, and shall give notice of
such orders by the erection of traffic signs or in such other
manner as in the circumstances may be reasonable. (3) The construction or provision of any public road, track
or passage specially prepared or intended for exclusive or
restricted use, may in itself be deemed sufficient notice to the
public of the orders of the road authority as to the use of such
public road, track or passage. (4) A person who fails to comply with an order made by the
road authority under subsection (2), or uses a public road in
contravention of any order without the permission of the road
authority or without reasonable excuse commits an offence. 29.–(1) The road reserve is exclusively for the use of road
development and expansion or any other road related
activities.

excuse commits an offence. 29.–(1) The road reserve is exclusively for the use of road
development and expansion or any other road related
activities.

(2) Notwithstanding the provisions of subsection (1), road
authority may, in writing, permit a person or authority to use
the road reserve temporarily under its jurisdiction for utilities
Temporary
closure of new
public roads after
construction
Construction
of special roads
and restriction of
traffic
Use of road
reserve
Act No. 4 of 2021 s. 31

ry
closure of new
public roads after
construction
Construction
of special roads
and restriction of
traffic
Use of road
reserve
Act No. 4 of 2021 s. 31

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
324
such as placing of public lighting, telegraph, adverts, telephone,
electric supplies and posts, drains, sewers and mains, only in
cases where such use or uses do not hinder any future use of
the road reserve by the road authority. (3) The authorised user of the road reserve shall be allowed
to use the road reserve, upon the terms and conditions as the
road authority may impose and shall be bound to remove such
utilities and their related developments and make good the
area at his own cost without any compensation in case the said
road reserve is required for road expansion, development or
maintenance or any other road related activities by the road
authority.

n in case the said
road reserve is required for road expansion, development or
maintenance or any other road related activities by the road
authority.

(4) An authorised user of the road reserve which involves
or is likely to cause damage to the road, road furniture, road
asset or the surrounding environment shall-
(a) in case the damage is done to the road, road furniture
or road asset, restore the damaged road, road furniture
or road asset to its original state and condition in
accordance with the road technical specifications and
standards;
(b) in case the damage is done to the surrounding
environment of the road reserve, restore it to its
previous state and condition in accordance with the
environmental engineering practise authorised by the
Ministry responsible for environment. (5) Where an agreement provides for special arrangement
relating to the implementation of this provision, and the
said arrangement has been approved by the Cabinet, the
application of the provisions of this section shall not prejudice
the implementation of such agreement. 30. The road authority entrusted with the duties of developing,
managing and maintaining the public roads under its
jurisdiction, shall comply with the prescribed guidelines,
regulations or any other written law relating to environmental
protection and waste disposal.

risdiction, shall comply with the prescribed guidelines,
regulations or any other written law relating to environmental
protection and waste disposal.

Protection of
environment

Protection of
environment

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.325
THE ROADS ACT [CAP. 167 R.E. 2023]
PART V
ROAD SAFETY
31.–(1) The road authority shall ensure that, the necessary
road furnitures are erected on the public roads under its
jurisdiction as may be prescribed in the regulations or any
other written law. (2) A person who damages, removes or obscures a road
furniture commits an offence and shall be liable on conviction
to a fine of not less than two hundred thousand shillings or to
imprisonment for a term of not exceeding one year or both. (3) A person who fails to comply with a message conveyed
by a road furniture commits an offence. (4) Notwithstanding the provisions of subsection (3), the
Minister may by regulations exempt particular persons from
complying with the provisions of subsection (3). 32.–(1) The road authority shall prescribe speed limits in
respect of all roads or sections thereof as the Minister may
approve.

ns of subsection (3). 32.–(1) The road authority shall prescribe speed limits in
respect of all roads or sections thereof as the Minister may
approve.

(2) A person who fails to comply with speed limits as
prescribed under subsection (1) commits an offence and on
conviction shall be liable to a fine of not less than two hundred
thousand shillings or to imprisonment for a term of not
exceeding one year or both. 33.–(1) The road authority shall ensure to the safety of road
users during the design, construction, maintenance and
operation of a public road by providing side walks, overhead
bridges, zebra crossings and other matters related thereto. (2) The road users and pedestrians in particular shall use
public roads in a manner that does not pose safety hazard to
themselves, vehicles or any other road users. (3) A person who fails to comply with the provisions of this
section, commits an offence. Road furniture
Speed limit
Safety of road
users

road users. (3) A person who fails to comply with the provisions of this
section, commits an offence. Road furniture
Speed limit
Safety of road
users

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
326
34.–(1) A driving and use of motorised or non-motorised
vehicle on a public road shall be as prescribed in the regulations. (2) A person who contravenes the provision of subsection
(1) commits an offence. PART VI
ROADS OF ACCESS
35.–(1) Where the owner of land, in respect of land situated
in relation to a public road which is passable for vehicle traffic
or to railway station, does not have reasonable access to such
land, that owner may apply to the road authority for a permit
to construct a road of access over any land lying between his
land and the public road or railway station. (2) An application submitted under subsection (1) shall
be accompanied by a sketch or plan and made on the form as
prescribed in the Second Schedule.

(2) An application submitted under subsection (1) shall
be accompanied by a sketch or plan and made on the form as
prescribed in the Second Schedule.

(3) Where an applicant for a permit to construct a road of
access is unable to make a sketch or plan of such road without
entering upon private lands over which the road is to pass, he
may apply to the road authority for permission to enter such
lands and any permission so granted shall be binding on all
interested parties in relation to such lands. 36.–(1) Upon receipt of an application under section 35, the
road authority shall cause notice of such application to be
given to the owner of any land over which the proposed road
is to pass, calling upon him to show cause, within one month
from the date of such notice, why the application should not
be granted. (2) The road authority shall upon receipt of any
representations under subsection (1) fix a day for hearing the
application and after such hearing may grant or refuse a permit
to construct such road. Driving on public
roads
Application to
construct roads of
access
Notice to be
served on holders
of lands to be
affected

permit
to construct such road. Driving on public
roads
Application to
construct roads of
access
Notice to be
served on holders
of lands to be
affected

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.327
THE ROADS ACT [CAP. 167 R.E. 2023]
(3) Where a permit is granted under subsection (2),
the road authority may attach such conditions as it may
deem fit including the width of such road and the amount
of compensation payable by the applicant for any crops or
permanent improvements likely to be damaged or destroyed
during construction. 37.–(1) Where an application for a road of access has been
granted, the applicant, his successor in title, and any person
lawfully going to or from the applicant’s land shall have a right
at all times to such use of the road. (2) A road of access constructed pursuant to the provisions
of this Act shall be kept in a good and efficient state of
maintenance by the applicant to the satisfaction of the road
authority having jurisdiction in the area where such road of
access is situated.

state of
maintenance by the applicant to the satisfaction of the road
authority having jurisdiction in the area where such road of
access is situated.

(3) Where the owner of land over which such road of access
is situated or any other person authorised by the road authority
uses such road, he shall pay to the applicant a proportionate
share of the cost of such maintenance as the road authority
may determine. 38.–(1) The road authority may, on a reasonable cause, order
the cancellation or alteration of the alignment of a road of
access after giving notice of fourteen days in writing to any
person who is likely to be affected by such order. (2) A person affected by the order issued under subsection
(1), may lodge within fourteen days an objection to the road
authority and such objection shall be heard in a manner
provided for under the Regulations. 39. When it appears to the road authority that the prohibition
of any particular traffic or class of traffic on a road of access
is desirable in the public interest, the road authority may, by
notice published in the Gazette, restrict the use of such road to
such traffic or class of traffic only. Right of way over
road of access
Power of road
authority to
cancel or alter
road of access
Prohibition of
certain classes of
traffic

of traffic only. Right of way over
road of access
Power of road
authority to
cancel or alter
road of access
Prohibition of
certain classes of
traffic

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
328
40. A person aggrieved by the decision of the road authority
as to-
(a) an application to construct a road of access;
(b) the cancellation or alteration of alignment of any road
of access;
(c) the apportionment of the cost of maintenance of a road
of access,
may appeal to the Minister within sixty days or any period as
the Minister may determine. PART VII
RESTRICTIONS ON USE OF ROADS
41.–(1) Where the road authority is satisfied that traffic on
any public road for the management of which it is responsible
should be restricted or prohibited by reason of works of repair
or reconstruction being required or being in progress on the
road or for the purpose of preserving or protecting the surface
of the road, it may temporarily restrict or prohibit the use of
that road or any part thereof by vehicles of any particular class
or description to such extent and subject to conditions as it
may consider necessary.

hat road or any part thereof by vehicles of any particular class
or description to such extent and subject to conditions as it
may consider necessary.

(2) The road authority shall, give reasonable public notice
of its intention to restrict or prohibit traffic on a road or part
thereof. (3) The road authority shall have power to regulate or stop
traffic by issuing warnings and directions either by written or
printed notice displayed at some conspicuous place or by word
of mouth or by erection of barriers or otherwise. (4) A prohibition or restriction of traffic imposed under
this section shall not, without the approval of the Minister,
continue in force for a longer period than three months and
notice of such approval shall be published in the Gazette. (5) A person who uses or permits the use of a vehicle in
contravention of any restriction or prohibition imposed under
this section shall be liable in the case of a first conviction
Appeals
Restriction of
traffic during
repairs

restriction or prohibition imposed under
this section shall be liable in the case of a first conviction
Appeals
Restriction of
traffic during
repairs

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.329
THE ROADS ACT [CAP. 167 R.E. 2023]
to a fine not exceeding one hundred thousand shillings or
imprisonment for a term not exceeding one month and in the
case of a second or subsequent conviction to a fine not exceeding
three hundred thousand shillings or to imprisonment for a
term not exceeding six months. 42.–(1) Notwithstanding anything contained in any other
written law regulating the maximum weight, speed and
dimensions to be carried on any public road, it shall be lawful
for the purpose of safeguarding the safety of the public or
of preserving the condition of a road, for the road authority
to fix limit to the maximum weight, speed or dimensions of
vehicles which may lawfully be driven or hauled over any
part of a road. (2) In exercising the powers under subsection (1), a road
authority shall place on or near such part of a road, conspicuous
notices denoting the maximum speed or to the effect that,
such part of the road is unsuited to carry traffic in excess of the
weight specified in the notice.

denoting the maximum speed or to the effect that,
such part of the road is unsuited to carry traffic in excess of the
weight specified in the notice.

(3) A person who hauls or drives or is responsible for
hauling or driving over such part of a public road a vehicle at
a speed or of a weight in excess of that specified in the notice
without the consent in writing of the road authority commits
an offence and on conviction shall be liable to a penalty as
prescribed in the Road Traffic Act. 43.–(1) Where the road authority is satisfied that it is necessary
to impose restrictions with respect to any land at or near any
corner or bend in a road for the prevention of danger arising
from obstruction to the view of persons using the road, road
authority may serve notice-
(a) upon the owner or occupier of the land directing him
to alter the height or character of any wall (not being
part of a wall of a permanent structure), a fence or
hedge thereon so as to cause it to conform with any
requirements specified in the notice; or
Regulation
of maximum
weight, speed and
dimensions
Cap. 168
Notice to remove
obstruction

to conform with any
requirements specified in the notice; or
Regulation
of maximum
weight, speed and
dimensions
Cap. 168
Notice to remove
obstruction

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
330
(b) upon every owner of the land restraining them either
absolutely or subject to such conditions as may be
specified in the notice, from permitting any building,
wall, fence or hedge to be erected or planted on the
land provided that-
(i) there shall be annexed to any notice served under
this section a plan or sketch showing the land to
which the notice relates;
(ii) a notice restraining the erection of any building
upon land situated within urban authority shall
not be served except with the consent of such
authority;
(iii) the owner of any land shall not be restrained from
making any repairs or reconstruction which do
not create new obstructions of the kind specified
in this subsection. (2) Restrictions imposed by notice under this section shall
become effective upon the service of the notice to the person
to whom it was served until withdrawn by the road authority;
and the restrictions shall be binding upon any successor in title
to the owner of the land to which the restrictions relate.

wn by the road authority;
and the restrictions shall be binding upon any successor in title
to the owner of the land to which the restrictions relate.

(3) A person whom a notice has been served under subsection
(1) may, within fourteen days after receipt of the notice, lodge
an objection in writing to the road authority serving a notice
objecting to any restrictions imposed by the notice. (4) A person dissatisfied with the decision of the road
authority on an objection lodged to it may refer the matter by
way of a civil suit to a court of competent jurisdiction. (5) A person upon whom a notice is served under this
section shall have power, notwithstanding anything in any
conveyance or lease or other agreement, to do the things as may
be necessary to comply with the requirements of the notice. (6) A person who fails to comply with a notice issued under
this section commits an offence and on conviction, shall be
liable to a fine of not less than fifty thousand shillings or to
imprisonment for a term not exceeding six months or both.

and on conviction, shall be
liable to a fine of not less than fifty thousand shillings or to
imprisonment for a term not exceeding six months or both.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.331
THE ROADS ACT [CAP. 167 R.E. 2023]
(7) Where a notice has been served upon any person under
this section and that person fails to comply with the notice, the
road authority may, with the consent of that person do on his
behalf anything necessary for complying with the notice. (8) A person who suffers any loss or expense reasonably
arising from or incurred in the course of complying with
a notice served under this section, shall be entitled, within
twelve months after service of the notice, to recover from the
road authority serving the notice, compensation for such loss
or expense. (9) Compensation under subsection (8) shall be at the rates
as may be specified in any law for the time being in force for
that purpose and where the law does not exists, at the rates as
the Minister may specify by notice in the Gazette. PART VIII
FINANCIAL PROVISIONS
44.

that purpose and where the law does not exists, at the rates as
the Minister may specify by notice in the Gazette. PART VIII
FINANCIAL PROVISIONS
44.

The sources of funds for road financing shall include-
(a) the sums as may be appropriated by Parliament;
(b) roads fund;
(c) the donations, loans, grants and bequests as may be
received from any person or body of persons;
(d) private funding;
(e) local government revenue; and
(f) any other sources legally acquired. 45.–(1) The Ministry shall cause to be provided and kept
proper books of Accounts and records with respect to-
(a) the receipt and expenditure of money by, and other
financial transactions of, the road authority;
(b) the assets and liabilities of the road authority;
and shall cause to be made out for every financial year a balance
sheet showing the details of the income and expenditure of
the road authority and all its assets and liabilities. Sources of Funds
Accounts and
audit

sheet showing the details of the income and expenditure of
the road authority and all its assets and liabilities. Sources of Funds
Accounts and
audit

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
332
(2) Within six months of the close of every financial year, the
accounts including the balance sheet of the road authority in
respect of that financial year shall be audited by the Controller
and Auditor-General. (3) As soon as the accounts of the road authority have been
audited, and in any case not later than six months after the
close of the financial year, the road authority shall submit
to the Minister a copy of the audited statement of accounts
together with a copy of the report made by the auditors on the
statement of accounts. 46. The road authority shall, within six months after the close
of the financial year, cause to be prepared and submitted to
the Minister a report dealing generally with the activities and
operations of the road authority during that financial year and
accompanied by-
(a) a copy of the audited accounts of the road authority;
(b) a copy of the auditors’ report on the accounts; and
(c) other information as the Minister may direct. 47.

audited accounts of the road authority;
(b) a copy of the auditors’ report on the accounts; and
(c) other information as the Minister may direct. 47.

The Minister shall, after receiving the reports under
section 46, shall lay before the National Assembly the audited
accounts, together with the auditors’ report on the accounts
and the annual report of the road authority. PART IX
OFFENCES, PENALTIES AND RECOVERY
48. A person who-
(a) destroys, pulls up, defaces, breaks or damages any
milestone, lamppost, or any bridge, arch, wall, dam,
drain, sluice, lock or embankment, abutment, mound,
post, lamp, traffic lights, railing, chain or fence, road
reserve, edge markers, marker posts or another road
furniture and facilities belonging to any public road or
erected at or near any pit opened or used for getting
road materials;
Annual report
Laying of
accounts
before National
Assembly
Destroying
bridges, etc

rected at or near any pit opened or used for getting
road materials;
Annual report
Laying of
accounts
before National
Assembly
Destroying
bridges, etc

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.333
THE ROADS ACT [CAP. 167 R.E. 2023]
(b) removes any fence, post, stone, log or other thing laid
or erected by the road authority, on or in any public
road for the temporary prevention of the use of such
road, or for preventing danger or injury to persons
passing along the same while it is under repair;
(c) gathers, heaps up or takes away any stone, gravel, sand
or other material, or any dirt or soil from any public
road; and
(d) makes or causes to be made any dam, ditch, drain, water-
course or speed hump upon or across, or otherwise
breaks up or damage the surface of any public road; or
(e) constructs any house or other building which projects
over or encroaches upon any public road,
commits an offence and on conviction shall be liable to
a fine of not less than five hundred thousand shillings or
imprisonment for a term not exceeding two years or both. 49.

conviction shall be liable to
a fine of not less than five hundred thousand shillings or
imprisonment for a term not exceeding two years or both. 49.

A person who-
(a) drives a motor vehicle, trailer or engineering plant
or conducts any business on the road shoulders or
pedestrian walkways, leads or drives any animal from,
on, off or into any public road in a manner as to cause
damage to the road;
(b) obstructs or causes to be obstructed the passage of
water from a public road or from any ditch or drain
leading from such road;
(c) being the owner or occupier of any land adjacent or
contiguous to a public road who permits any water, filth
or other matter or thing to flow from such land into or
upon the said public road or causes any accumulation
of dirt or rubbish from his land to impede the flow of
the water in any ditch or drain on such public road;
(d) hauls or draws upon any public road any timber, stone
or other thing otherwise than wheeled vehicles or causes
any timber, stone or other thing which shall be carried
principally or in part upon wheeled vehicles to drag or
trail upon such public road to damage such road;
Causing damage
to public roads

all be carried
principally or in part upon wheeled vehicles to drag or
trail upon such public road to damage such road;
Causing damage
to public roads

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
334
(e) digs up, adds, removes or alters in any way the soil or
surface of a road or of any road reserve at the side or
sides thereof, or if done; for the purpose of moving
a vehicle is not immediately thereafter restored to its
previous state; and
(f) spills any petroleum products or other substances to
any paved public road which causes damage to any
public road,
commits an offence and on conviction, shall be liable to a fine
of not less than one million shillings or to imprisonment for a
term not exceeding three years or both.

e and on conviction, shall be liable to a fine
of not less than one million shillings or to imprisonment for a
term not exceeding three years or both.

50.–(1) A person who-
(a) turns or permits to be turned loose any animal upon
any public road;
(b) tethers or causes to be tethered any animal in, upon
or near a public road so that any such animal causes
obstruction or inconvenience to the passersby, unless
such animal is so tethered during the time required
for loading or unloading of the animal on or from any
vehicle to which it may belong;
(c) slaughters on any public road any animal except such
as may have met with an accident, or for public safety
or other reasonable cause ought to be killed on the spot;
(d) places or throws any stones, bricks, sand, lime, dung,
straw, rubbish or scouring on any ditch or drain, or
other object or thing on or in any public road, and
allows the same to remain there except for such a
period as may be necessary for the removal thereof;
(e) encroaches on any public road by making or causing to
be made thereon without proper authority any building,
platform, hedge, ditch or fence or other obstruction;
(f) after having blocked or stopped any vehicle, causes or
allows to be or remain on any public road the stone,
timber or other thing with which such vehicle shall
have been blocked or stopped;
Obstructions on
roads

to be or remain on any public road the stone,
timber or other thing with which such vehicle shall
have been blocked or stopped;
Obstructions on
roads

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.335
THE ROADS ACT [CAP. 167 R.E. 2023]
(g) in any manner prevents any person or any vehicle from
passing along any public road;
(h) obstructs free passage on a public road by exposing
goods or carries on trade of any description thereon; or
(i) in any other manner obstructs the safe or convenient
passage along a public road,
commits an offence and on conviction, shall be liable to a
fine of not less than three hundred thousand shillings or to
imprisonment for a term not exceeding one year or both. (2) For purposes of subsection (1)(i), any projection erected
or placed against or in front of any house or building which by
reason of its being insecurely fixed or of defective construction
or otherwise is a source of danger to persons lawfully using a
public road shall be deemed to be an obstruction to the safe or
convenient passage along a public road. 51.

urce of danger to persons lawfully using a
public road shall be deemed to be an obstruction to the safe or
convenient passage along a public road. 51.

A person who, on public roads-
(a) plays any game to the annoyance or danger of persons
using the road;
(b) pitches any tent, booth or stall without the permission
of the road authority;
(c) places any animal in a manner as to cause danger or
inconvenience to traffic;
(d) makes any fire without permission of the road authority;
(e) walks or causes another person to walk along the road
while under the influence of alcohol;
(f) places himself on the road in a manner to cause danger
or inconvinience to traffic,
commits an offence and on conviction, shall be liable to a
fine of not less than three hundred thousand shillings or to
imprisonment for a term of one year or both. 52.–(1) A person who fixes or places any overhead rail, beam,
pipe, cable, wire or other similar apparatus over, along or across
any public road without the consent of the road authority in
writing, commits an offence. Nuisance on
Roads
Restriction on
rails, pipes, etc. over public roads

c road without the consent of the road authority in
writing, commits an offence. Nuisance on
Roads
Restriction on
rails, pipes, etc. over public roads

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
336
(2) This section shall not extend to any works or apparatus
fixed or placed under any statutory authority. 53. A person who for any purpose places or causes to be placed
any rope, wire or other apparatus across a public road or any
part thereof in a manner as to be likely to cause danger to
persons or vehicles using the road, unless he proves that he
had taken all necessary means to give adequate warning of the
danger, commits an offence. 54.–(1) Where damage occasioned to a road or road furniture
as a result of any contravention of the provisions of this
Act, the road authority may make good such damage and
recover the cost thereof from the person contravening the Act
or, if the damage is attributable to a vehicle, the road authority
may recover the cost from the owner of the vehicle.

the person contravening the Act
or, if the damage is attributable to a vehicle, the road authority
may recover the cost from the owner of the vehicle.

(2) Where a person or the owner of the vehicle who has
damaged a road or road furniture has been served with a written
demand requiring him to pay the cost incurred by the road
authority to reconstruct or repair the damaged road or road
furniture as a result of that person or his vehicle contravening
any provision of this Act or any other laws or regulations related
to damage to roads or road furniture, fails to pay the cost after
being duly informed of the cost, the road authority may apply to a
court of competent jurisdiction for summary warrant in the form
prescribed in the Third Schedule to this Act. (3) When the application has been made under subsection (2),
the court may grant a warrant upon the road authority producing
the name and address of the person in default, the amount due
and a written demand showing the person has failed to make
good the cost after being duly served with the demand.

he person in default, the amount due
and a written demand showing the person has failed to make
good the cost after being duly served with the demand.

(4) Recovery of any cost, where no application is made
pursuant to subsection (2), may be effected by way of summary
procedure as provided for under the Civil Procedure Code, or in
case of a convicted person, the court may in addition to any other
penalty order the payment to the road authority of the sum as the
court deems fit to cover the damage caused to the road. Stretching of
ropes, etc over
public roads
Road authority
may recover cost
of damage to road
Cap. 33

deems fit to cover the damage caused to the road. Stretching of
ropes, etc over
public roads
Road authority
may recover cost
of damage to road
Cap. 33

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.337
THE ROADS ACT [CAP. 167 R.E. 2023]
(5) In any proceedings under this section for the recovery
of the cost of making good damage to roads, a certificate under
the hand of the road authority as to the cost of making good
such damage shall be prima facie evidence of the amount
payable by the person liable. 55.–(1) Where it appears to the road authority that having
regard to the average expenses of repairing public roads in the
neighbourhood, extraordinary expenses have been incurred
in repairing any such road by reason of the damage caused
by excessive weight or speed or extraordinary traffic, the
road authority may recover, by a suit in a court of competent
jurisdiction from the person causing such damage, the amount
of the expenses as may be proved to the satisfaction of the court
to have been incurred by reason of the damage caused by such
excessive weight or extraordinary traffic.

may be proved to the satisfaction of the court
to have been incurred by reason of the damage caused by such
excessive weight or extraordinary traffic.

(2) A person against whom costs are or may be recovered
under this section may enter into an agreement with the
road authority for the payment of compensation in respect of
damage caused to the road and thereupon the person paying
the same shall not be subject to any proceedings under this
section. 56. The Government or any road authority shall not be liable
for any loss or damage which may be caused to any person or
property-
(a) as a result of the condition of a public road or the failure
of such road to sustain the weight of a vehicle; or
(b) by reason of the placing, use or maintenance of anything
on, under or over a public road if done under lawful
authority. 57. A person who willfully-
(a) resists, obstructs, hinders or molests; or
(b) incites, assists or procures others to resist, obstruct,
hinder or molest any person acting under the authority
of this Act,
Power to recover
expenses of
extraordinary
traffic
Road authority
not liable
Obstruction to
officers

ny person acting under the authority
of this Act,
Power to recover
expenses of
extraordinary
traffic
Road authority
not liable
Obstruction to
officers

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
338
commits an offence and on conviction, shall be liable to a fine
not less than one million shillings or to imprisonment for a
term not exceeding one year or both. 58. A person who contravenes any of the provisions of this
Act for the breach of which no specific penalty is expressly
provided for, on conviction, shall be liable to a fine not less
than three hundred thousand shillings or to imprisonment for
a term not exceeding two years or both. PART X
MISCELLANEOUS PROVISIONS
59. The provision of section 6 and 7 of the Executive Agencies
Act, shall not apply to the TANROADS Board. 60. An act or thing done by any officer or employee of the
road authority incharge of any work on a public road or any
contractor under contract to the road authority shall not
subject him to any action, liability or demand of any kind
if done or omitted bonafide in the execution or purported
execution of his duties as an officer or employee of the road
authority or contractor.

kind
if done or omitted bonafide in the execution or purported
execution of his duties as an officer or employee of the road
authority or contractor.

61.–(1) The Minister may make regulations as may be necessary
for purposes of giving effect to the provisions of this Act. (2) Without prejudice to the generality of subsection (1),
regulations may provide for-
(a) the general control, use, management, survey,
construction and repair of roads and bridges and for
the prevention of obstruction thereof;
(b) lighting of roads;
(c) regulating, subject to any other written law, the laying
of lines for trolleys, tramways, railways on roads and
the construction of railway and tramway crossing over
public roads;
General penalty
Disapplication
of Executive
Agencies
Cap. 245
Indemnity
Regulations

he construction of railway and tramway crossing over
public roads;
General penalty
Disapplication
of Executive
Agencies
Cap. 245
Indemnity
Regulations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.339
THE ROADS ACT [CAP. 167 R.E.

ent of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.339
THE ROADS ACT [CAP. 167 R.E.

2023]
(d) securing the safety of the public in the use of public
roads crossed by any railway on the level;
(e) prescription and regulation of the fixing of mileposts
or stones, road furniture, adverts and billboards on any
public road;
(f) preventing and prohibiting, subject to any other written
law, straying or being driven or ridden on any public
road, and for the slaughter or destruction of all such
animals found on any public road;
(g) the formation, construction, maintenance and repair
of traces, tracks and other by-ways throughout the
Mainland Tanzania after consultation with the Minister
responsible for lands;
(h) prescription of the width of any road or bridge or the
area of the road reserve and the management therein;
(i) prescribing the maximum tare and gross weight of
vehicles allowed on roads or any specified part of a
road and the methods of ensuring that the weight is
not exceeded;
(j) prohibiting any practice or activity which may cause
obstruction or damage to roads and for preventing
nuisance on roads;
(k) classifying roads and defining the boundaries of any
class of roads;
(l) providing for the establishment of camps and places
adjacent to roads and regulating the conditions under
which such camps and places may be used;
(m) regulating and prescribing the procedure, powers and
duties of road boards and road authorities;
(n) specifying any forms, permits, certificates or
authorisations required under this Act;
(o) prescribing fees or charges payable in respect of any
application, licence, permit or other document under
this Act;
(p) prescribing procedures for the application to construct,
operate, maintain and control of private roads;

permit or other document under
this Act;
(p) prescribing procedures for the application to construct,
operate, maintain and control of private roads;

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ROADS ACT [CAP. 167 R.E. 2023]
340
(q) protection of the environment and promotion of
sustainable development in the road sector;
(r) prescribing terms and conditions for promoting labour
based technology on road development, maintenance
and management in order to maximise the use of local
resources;
(s) non-motorist transport;
(t) guidelines and regulations on the participation and
management of privately financed road infrastructure
under Public-Private Partnership;
(u) guidelines on technical classification and use of
resources.

anagement of privately financed road infrastructure
under Public-Private Partnership;
(u) guidelines on technical classification and use of
resources.

62.–(1) [Repeals the Highways Ordinance.]
(2) Notwithstanding the provisions of subsection (1)-
(a) all subsidiary legislation made under the Highways
Ordinance that are in force immediately prior to the
coming into force of this Act shall continue to be in
force until new subsidiary legislation are made under
this Act;
(b) any person who was a member of any Road Board
appointed under the repealed Highways Ordinance
shall continue to be a member of such Board until his
term expires or until a new Board is constituted under
the provisions of this Act;
(c) any declaration of roads made under section 10 of
the Highways Ordinance and which was in force
immediately prior to the coming into force of this Act,
shall continue to be in force until any new declaration
is made under this Act;
(d) any order issued under the repealed Highways
Ordinance and in force immediately prior to the
coming into force of this Act, shall continue to be in
force as if it were an order issued under this Act; and
Repeal and
Savings
Ord. No. 40 of 1932

coming into force of this Act, shall continue to be in
force as if it were an order issued under this Act; and
Repeal and
Savings
Ord. No. 40 of 1932

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.341
THE ROADS ACT [CAP. 167 R.E. 2023]
(e) any form used for purposes of the repealed Highways
Ordinance, shall continue to be in force as if prescribed
under this Act, until such time as other forms are
prescribed.
FIRST SCHEDULE
[Omitted]1
SECOND SCHEDULE
[Omitted]2
THIRD SCHEDULE
[Omitted]3
FOURTH SCHEDULE
[Omitted]4
FIFTH SCHEDULE
[Omitted]5
1 Omitted under the Laws Revision Act, s. 7.
2 Omitted under the Laws Revision Act, s. 7.
3 Omitted under the Laws Revision Act, s. 7
4 Omitted under the Laws Revision Act, s. 7.
5 Omitted under the Laws Revision Act, s. 7.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.