Kenya Roads Act

Section 1. Short title Section This Act may be cited as the Kenya Roads Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Authority" means the Highways Authority, the Rural Roads Authority or the Urban Roads Authority; "city" shall have the meaning assigned to it under the Local Government Act (Cap. 265); "class" in relation to a road means the categorization assigned to it pursuant to the First Schedule; "construction" means supervision, inspection and building and includes locating, surveying, mapping and eliminating road hazards; "Director-General" means the Director-General appointed under section 13 (1) or a person authorised to act on his behalf; "Highways Authority" means the Kenya National Highways Authority established under section 3 ; "Local Authorities Transfer Fund" shall have the meaning assigned to it under the Local Authorities Transfer Fund Act (Cap. 272A); "Cabinet Secretary" means the Cabinet Secretary responsible for Roads; "municipality" shall have the meaning assigned to it under the Local Government Act (Cap. 265); "national roads" means national roads as classified in the First Schedule; "road" means a public road as defined under the Public Roads and Roads of Access Act ( Cap. 399 ); "Road F...

Section 3. Establishment of the Kenya National Highways Authority Section suing and being sued;

Section 4. Functions of the Authority Section 4(1) The Highways Authority shall be responsible for the management, development, rehabilitation and maintenance of national roads. Section 4(2)(a) constructing, upgrading, rehabilitating and maintaining roads under its control; Section 4(2)(b) controlling national roads and road reserves and access to roadside developments; Section 4(2)(c) implementing road policies in relation to national roads; Section 4(2)(d) ensuring adherence to the rules and guidelines on axle load control prescribed under the Traffic Act ( Cap. 403 ) and under any regulations under this Act; Section 4(2)(e) ensuring that the quality of road works is in accordance with such standards as may be prescribed by the Cabinet Secretary; Section 4(2)(f) in collaboration with the Ministry responsible for Transport and the Police Department, overseeing the management of traffic and road safety on national roads; Section 4(2)(g) collecting and collating all such data related to the use of national roads as may be necessary for efficient forward planning under this Act; Section 4(2)(h) monitoring and evaluating the use of national roads; Section 4(2)(i) planning the developm...

Section 5. The Board of the Authority Section 5(1)(a) a non-executive Chairperson who shall be appointed by the President from amongst the members appointed under paragraph (f); Section 5(1)(b) the Pricipal Secretary in the Ministry responsible for roads or his representative; Section 5(1)(c) the Pricipal Secretary in the Ministry responsible for transport or his representative; Section 5(1)(d) the Pricipal Secretary in the Ministry responsible for finance or his representative; Section 5(1)(e) the Director-General of the Highways Authority, who shall be an ex officio member; and Section 5(1)(f) industry; Section 5(1)(f)(i) industry; Section 5(1)(f)(ii) highway engineering; Section 5(1)(f)(iii) transport economics; Section 5(1)(f)(iv) surveying; Section 5(1)(f)(v) accountancy; or Section 5(1)(f)(vi) law. Section 5(2) The persons referred to in subsection (1)(f) shall be appointed by the Cabinet Secretary from among members nominated by the organisations set out in Part A of the Second Schedule, each of which shall nominate and approve three candidates at its annual general meeting. Section 5(3) The Third Schedule shall apply with respect to the conduct of the business and affairs o...

Section 6. Establishment of the Kenya Rural Roads Authority Section suing and being sued;

Section 7. Functions of the Authority Section 7(1) The Rural Roads Authority shall have responsibility for the management, development, rehabilitation and maintenance of rural roads. Section 7(2)(a) constructing, upgrading, rehabilitating and maintaining roads under its control; Section 7(2)(b) controlling reserves for rural roads and access to roadside developments; Section 7(2)(c) implementing road policies in relation to rural roads; Section 7(2)(d) ensuring adherence by motorists to the rules and guidelines on axle load control prescribed under the Traffic Act ( Cap. 403 ) or any regulations under this Act; Section 7(2)(e) ensuring that the quality of road works is in accordance with such standards as may be defined by the Cabinet Secretary; Section 7(2)(f) in collaboration with the Ministry responsible for Transport and the Police Department, overseeing the management of traffic on rural roads and issues related to road safety; Section 7(2)(g) collecting and collating all such data related to the use of rural roads as may be necessary for efficient forward planning under this Act; Section 7(2)(h) monitoring and evaluating the use of rural roads; Section 7(2)(i) planning the de...

Section 8. The Board of the Authority Section 8(1)(a) a non-executive Chairperson who shall be appointed by the President from amongst the members appointed under paragraph (f); Section 8(1)(b) the Principal Secretary of the Ministry responsible for roads or his representative; Section 8(1)(c) the Principal Secretary of the Ministry responsible for finance or his representative; Section 8(1)(d) the Principal Secretary of the Ministry responsible for Local Government or his representative; Section 8(1)(e) the Director-General who shall be an ex officio member; Section 8(1)(f) highway engineering; Section 8(1)(f)(i) highway engineering; Section 8(1)(f)(ii) surveying; Section 8(1)(f)(iii) urban and regional planning; Section 8(1)(f)(iv) transport economics; or Section 8(1)(f)(v) farming; Section 8(1)(g) a member of an association for the time being recognized by the Government as representing the interests of local government authorities. Section 8(2) The persons referred to in paragraph (f) shall be appointed by the Cabinet Secretary from among members nominated by each organisation set out in Part B of the Second Schedule, each of which shall nominate and approve three candidates at...

Section 9. Establishment of Kenya Urban Roads Authority Section suing and being sued;

Section 10. Functions of the Authority Section 10(1) The Urban Roads Authority shall have the responsibility for the management, development, rehabilitation and maintenance of all public roads in the cities and municipalities in Kenya except where those roads are national roads. Section 10(2)(a) constructing, upgrading, rehabilitating and maintaining roads under its control; Section 10(2)(b) controlling urban road reserves and access to roadside developments; Section 10(2)(c) implementing roads policies in relation to urban roads; Section 10(2)(d) ensuring adherence by motorists to the rules and guidelines on axle load control prescribed under the Traffic Act ( Cap. 403 ) and under any regulations under this Act; Section 10(2)(e) ensuring that the quality of road works is in accordance with such standards as may be defined by the Cabinet Secretary; Section 10(2)(f) in collaboration with the Ministry responsible for transport and the Police Department, overseeing the management of traffic and road safety on urban roads; Section 10(2)(g) monitoring and evaluating the use of urban roads; Section 10(2)(h) planning the development and maintenance of urban roads; Section 10(2)(i) collect...

Section 11. Board of the Authority Section 11(1)(a) a non-executive Chairperson who shall be appointed by the President from amongst the members appointed under paragraph (g); Section 11(1)(b) the Principal Secretary of the Ministry responsible for roads or his representative; Section 11(1)(c) the Principal Secretary of the Ministry responsible for finance or his representative; Section 11(1)(d) the Principal Secretary of the Ministry responsible for Local Government or his representative; Section 11(1)(e) the Director-General who shall be an ex officio member; Section 11(1)(f) a member of an association for the time being recognised by the Government as representing the interests of local authorities; Section 11(1)(g) industry; Section 11(1)(g)(i) industry; Section 11(1)(g)(ii) urban planning; Section 11(1)(g)(iii) highway engineering; Section 11(1)(g)(iv) surveying; and Section 11(1)(g)(v) urban public transport operations. Section 11(2) The persons referred to in subsection (1)(g) above shall be appointed by the Cabinet Secretary from among persons nominated by the organisations set out in Part C of the Second Schedule, each of which shall nominate and approve three candidates a...

Section 12. Tenure of office Section 12(1) The Chairperson and members of each Board, other than the ex officio members and public officers, shall hold office for a period of three years from the date of appointment but shall be eligible for re-appointment for one further term. Section 12(2) The appointment of all members of each Board as first constituted and at every change in membership thereafter shall be by notice published in the Gazette . Section 12(3) No person shall qualify for appointment as a member of the Board of an Authority under section 5 (1)(f), 8 (1)(g) or 11 (1)(g) unless such person is the holder of the Kenya Certificate of Secondary Education or an equivalent qualification and has at least ten years’ practical experience.

Section 13. Director-General Section 13(1) Each Authority shall have a Director-General, who shall be appointed by the concerned Board in consultation with the Cabinet Secretary from among three candidates competitively selected by the Board. Section 13(2) The Director-General shall be responsible for the day-to-day operations and administration of the Authority in respect of which he is appointed. Section 13(3) Subject to this Act, the Director-General shall hold office for a term of five years and shall be eligible for appointment for one more term. Section 13(4)(a) the implementation of the policies and programmes of the Authority and reporting thereon to the Board; Section 13(4)(b) the proper management of the funds and property of the Authority; Section 13(4)(c) the organisation and control of the staff of the Authority; Section 13(4)(d) the development of an operations plan for achieving the Authority’s objectives; Section 13(4)(e) co-operation with other lead agencies and organisations in the roads sector; Section 13(4)(f) the development of an economic, efficient and cost-effective internal management structure; Section 13(4)(g) the formulation and implementation of the str...

Section 14. Qualification of Director-General Section holds a bachelor’s degree in civil engineering and a Masters’ degree from a university recognized in Kenya;

Section 15. Other staff of the Authority Section 15(1) Each Authority may appoint such other officers and staff as may be necessary for the proper and efficient performance of its functions. Section 15(2) The officers and staff appointed under this section shall hold office on such terms and conditions as may be determined by the concerned Board and specified in their instruments of appointment.

Section 16. Delegation by Board Section 16(1) A Board may, by instrument of delegation, delegate to the Chairperson, a member of the Board, an officer of the Authority or to a Committee of the Board established under the Third Schedule, any of the powers, duties or functions of the Authority under this Act. Section 16(2) The terms and conditions regulating the exercise of the powers delegated under this section shall be contained in the instrument of delegation. Section 16(3) A person shall in the exercise of a delegated power under this section, comply with the directions or guidelines as the concerned Board may, from time to time issue in writing. Section 16(4) A person aggrieved by the decision of a delegate in the exercise of powers under this section may appeal to the Board.

Section 17. Remuneration of Board members Section Each Board shall pay its members such remuneration, fees or allowances for expenses as it may determine after consultation with the Cabinet Secretary and the Cabinet Secretary responsible for finance.

Section 18. Authority to make regulations relating to staff Section the appointment, dismissal, discipline, pay and leave of, and the security to be given to, staff;

Section 19. Regulations on staff by Cabinet Secretary Section the grant of pensions, gratuities and other retiring allowances to employees and their dependants and the grant of gratuities to the estate or dependants of deceased employees;

Section 20. Regional offices Section 20(1) Each Authority may establish such administrative regions and regional officers, as may be necessary for the furtherance of its functions. Section 20(2) Where an Authority establishes administrative regions and regional offices under subsection (1), it may delegate to such offices such procurement functions, activities and authority as may be determined by the concerned Board, which delegation shall be in compliance with the Public Procurement and Disposal Act (Cap. 412C).

Section 21. Delegation of functions by Authority Section Notwithstanding any other provision of this Act an Authority may, in consultation with the Cabinet Secretary, delegate its functions in relation to roads under its jurisdiction to a suitable corporate body.

Section 22. Powers of the Authority as a statutory body Section 22(1)(a) to maintain, operate, improve and manage the roads under its jurisdiction; Section 22(1)(b) to construct new roads; Section 22(1)(c) to measure and assess the weights, dimensions and capacities of vehicles using any road and provide measures to ensure compliance with rules relating to axle load control, other provisions of the Traffic Act ( Cap. 403 ) and any regulations under this Act; and Section 22(1)(d) to provide such amenities or facilities for persons making use of the services or facilities provided by the Authority as may appear to the Authority necessary or desirable. Section 22(2)(a) to construct any road, bridge, building, drainage structure, drain, river channelling or any other necessary or desirable works required for the purposes of the Authority; Section 22(2)(b) to operate machinery and equipment on public roads in such manner as it deems necessary; Section 22(2)(c) to carry on any business necessary or desirable to be carried on for the purposes of the Authority and to act as an agent for the Government in the provision of any agreed services; Section 22(2)(d) with the approval of the Cabine...

Section 23. Acquisition of land for the purposes of the Authority Section 23(1)(a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof: Provided that, notwithstanding the provisions of section 6 of the Land Control Act ( Cap. 302 ), the ensuing transaction shall not require the consent of a land control board if the land to be acquired is agricultural land; or Section 23(1)(b) if such land is public land, or if the Authority is unable to acquire it by agreement in accordance with paragraph (a) of this subsection, notify the Cabinet Secretary responsible for public lands that the land specified in the notice is required for the purposes of the Authority. Section 23(2)(a) if the land is public land, the Cabinet Secretary responsible for Lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the concerned Authority for its purposes; or Section 23(2)(b) if the land is not public land, the Commissioner of Lands may, if satisfied that it is in the public interest to do so, acquire the land in accordance with the provisions of the Land Acquisition Act (Cap. 2...

Section 24. Power to enter and survey land Section 24(1) Any authorized employee of an Authority may, for the purposes of the Authority, enter upon any land and survey such land or any portion thereof. Section 24(2) Where any damage to land is caused by reason of the exercise of the powers conferred by this section, the owner or occupier of the land shall be entitled to compensation therefor in accordance with this Act.

Section 25. Power to enter land to prevent accidents, etc. Section 25(1)(a) cut down or remove any tree or other obstruction, not being a building which obscures the view of any traffic sign which is likely to cause any obstruction or any danger to the safety of traffic or of any such service; or Section 25(1)(b) execute such other works as may be necessary to prevent the occurrence of any accident or to repair any damage caused as a result of any accident. Section 25(2) If any tree or other obstruction cut down or removed under subsection (1)(a) came into existence subsequent to the erection of any traffic sign or to the service being provided at that place, no compensation shall be payable in respect of such entry, or the cutting down or removal of such tree or other obstruction.

Section 26. Power to enter and to alter position of pipes, etc. Section 26(1) Subject to the provisions of this section, an Authority, or any of its employees authorised in that behalf, may, for the purposes of such Authority, enter upon any land and alter the position of any electric, telephone, telegraphic, fibre optic or other wire of whatsoever nature, or the position of any drain or sewer. Section 26(2)(a) such person may authorize a representative to superintend such work and may require the Authority to execute such work to the satisfaction of such representative; and Section 26(2)(b) the Authority shall make arrangements for the maintenance of the supply of gas, oil, compressed air or electricity, for the continuance of the telephone, telegraph or other wire-borne communications or for the maintenance of the sewer or drainage, as the case may be, during the execution of such work. Section 26(3) Where any damage is caused by reason of the exercise of the powers conferred by this section, the person suffering such damage shall be entitled to compensation therefor in accordance with this Act.

Section 27. Power to remove pipes etc. from within the road reserve Section 27(1)(a) "pipe-borne utilities" refers to any pipes. devices and fittings for the supply or transmission of gas, oil products, water, wastewater, compressed air and any material conveyed by means of piping; Section 27(1)(b) "wire-borne utilities" refers to wires, devices and fittings for the transmission of electricity, telephone services, telegraph services, data and any other service conveyed by means of conductive wire, fibre optic cable or other wire or cable of whatsoever nature; Section 27(1)(c) "infrastructure utilities" refers to pipe borne utilities, wire-borne utilities, covered or open drains and any other physical device for the provision, conveying or supply of services. Section 27(2) Where any infrastructure utility is located within a road reserve, the provider or operator of such infrastructure utility shall, upon written request by the responsible Authority, relocate such infrastructure utility to a location or alignment approved by the Authority at no cost to the Authority. Section 27(3) Where an Authority intends to exercise any power under subsection (2) it shall give reasonable notice o...

Section 28. Power to take water Section An Authority may, for its purposes, take any water from any natural watercourse subject to the provisions of the Water Act (Cap. 372).

Section 29. Compensation Section In exercising the powers conferred by sections 23 , 24 , 25 , and 26 , an Authority shall do as little damage as possible, and, where any person suffers damage, no action or suit shall lie against the Authority, but he shall be entitled to such compensation therefor as may be agreed between him and the concerned Authority, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice.

Section 30. Financial year Section The financial year of each Authority shall be the period of twelve months commencing on the 1st of July and ending on the 30th of June in the next succeeding year: Provided that the first financial year of the Authority shall be the period commencing on the date of commencement of this Act and ending on the 30th June subsequent to that date.

Section 31. Funds and resources of the Authority Section monies paid to it from the Road Fund;

Section 32. Borrowing power Section 32(1) Subject to subsection (2), an Authority may borrow money required by it for the exercise of its functions and for meeting its obligations after approval by the Cabinet Secretary and the Cabinet Secretary responsible for finance. Section 32(2) The approval under subsection (1) may be either general or limited to a particular transaction and may be either unconditional or subject to conditions.

Section 33. Power to invest funds Section Any funds of an Authority not immediately required for any purpose under this Act may be invested in a manner which the respective Board may, with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance, determine.

Section 34. Authority to prepare a roads investment programme Section 34(1) The Cabinet Secretary shall, once in every five years, in consultation with the authorities and the Kenya Roads Board, cause to be prepared a road investment program for approval by the Cabinet Secretary responsible for finance. Section 34(2) The road investment programme prepared under subsection (1) shall outline development and maintenance priorities costed with respect to stated sections of road, and also aggregated by class, traffic loading or such other detail as may be specified. Section 34(3) All annual work programmes prepared or implemented by an Authority shall be based on the approved five-year road investment programme.

Section 35. Authority to prepare annual budget Section Each Authority shall, not later than three months before the end of each financial year, cause to be prepared and submitted to the Cabinet Secretary an annual budget based on the five-year road investment program in respect of the ensuing financial year comprising estimates of expected recurrent, maintenance, development and capital expenditure of the Authority in the said financial year.

Section 36. Authority to prepare annual works program Section An Authority shall, not later than six months before the end of each financial year, cause to be prepared and submitted to the Kenya Roads Board for approval an annual works program based on the five-year road investment program in respect of the ensuing financial year, comprising estimates of expected maintenance, development and capital expenditure of the Authority in the said financial year to be financed by the Road Fund.

Section 37. Expenditure outside budget Section Any activity outside the budget approved under section 35 shall only be undertaken with the approval of the Cabinet Secretary, and shall be funded by the person, body or agency recommending it.

Section 38. Accounts and audit Section 38(1) Each Authority shall keep proper books of accounts and shall prepare an annual statement of accounts in conformity with international accounting standards. Section 38(2) For each financial year, the Authority shall prepare and submit for audit accounts to the Auditor-General in accordance with the Public Audit Act (Cap. 412B), and comply with all applicable requirements of that Act. Section 38(3) The costs of the audit shall be as specified in the Public Audit Act (Cap. 412B). Section 38(4) In addition to the annual audit, the Auditor-General may at any time audit the accounts and examine the records of financial transactions of the Authority, and shall forthwith draw the attention of the Cabinet Secretary to any irregularity disclosed by such audit and examination. Section 38(5) The authorities shall provide the Auditor-General with all necessary and appropriate facilities for the examination of the accounts and records. Section 38(6) The Auditor-General may make copies of or take extracts from account books or other financial records of the authorities. (Act No. 3 of 2022, s.4)

Section 39. Principles of operation Section Each Authority shall perform its functions in accordance with sound financial principles and shall ensure, as far as reasonably practicable, that its expenditure is properly chargeable to its revenue.

Section 40. Charges and fees to be gazetted Section 40(1) Where an Authority, under section 21 (2)(d) stipulates levies, charges or fees for any of its services or for use of its facilities, the schedule of charges shall be published in the Gazette . Section 40(2) The schedule of charges shall come into force on a date specified therein, which shall be at least thirty days following gazettement. Section 40(3) If any amount due and payable under this section is not paid by any party after demand by an Authority, and remains unpaid beyond the time specified for payment thereof, such Authority may seize the vehicle or other property of the debtor after giving reasonable notice of such seizure, and may detain such vehicle or property until payment is made.

Section 41. Recovery of debts Section All debts owed to an Authority under this Act shall be recoverable summarily.

Section 42. Protection from liability Section No matter or thing done by an officer or employee of an Authority shall, if the thing is done bona fide for executing the functions, powers or duties of the Authority, render such officer or employee personally liable to any action, claim or demand whatsoever.

Section 43. Performance agreement Section 43(1) A performance agreement shall be made between the Cabinet Secretary and each Authority concerning the management by the Authority of the part of the roads network for which the Authority is responsible, and shall include all the activities that are necessary to develop and maintain such roads in a satisfactory state. Section 43(2) The performance agreement shall describe the key outputs that the Authority shall achieve in any financial year, and such outputs shall be defined in terms of performance indicators and targets. Section 43(3) The Cabinet Secretary may request for an independent report on the implementation of the performance agreement. Section 43(4) Failure to meet the targets as agreed upon under this section shall be a ground for the dismissal or discipline of the Director-General of the respective Authority.

Section 44. Annual report Section 44(1) Each Authority shall, within a period of four months after the end of each financial year, submit to the Cabinet Secretary an annual report dealing generally with the activities and operations of the Authority. Section 44(2)(a) information with regard to the progress and policies of the Authority; Section 44(2)(b) a copy of the audited accounts of the Authority in respect of that year together with the report of the Auditor-General; Section 44(2)(c) each report submitted in relation to that financial year by the Auditor-General; Section 44(2)(d) an overview of the operations of the Authority; Section 44(2)(e) an assessment of the degree to which performance targets have been achieved; Section 44(2)(f) an assessment of the adequacy of road funding; Section 44(2)(g) a report on the condition of the road network and the degree of change in such condition since the last report, the projected optimal level of the network and the extent of financing required to meet that level; Section 44(2)(h) a review of the technical adequacy and proven cost efficiency of road management operations; Section 44(2)(i) a report on progress achieved concerning coord...

Section 45. Cabinet Secretary’s power of direction Section 45(1) The Cabinet Secretary shall oversee the performance of the activities of an Authority under this Act and may, in writing, give the Authority directions on matters of policy not inconsistent with the provisions of this Act. Section 45(2) The Cabinet Secretary may appoint an oversight committee for purposes of subsection (1).

Section 46. Making of regulations by Authorities Section 46(1) An Authority may with the approval of the Cabinet Secretary make regulations for the better performance of its functions under this Act. Section 46(2)(a) relating to the use, safety or maintenance of the roads falling within its responsibility; Section 46(2)(b) relating to the erection of structures on, near, over or under the roads falling within its responsibility; Section 46(2)(c) for the drainage of streets, lands, compounds and buildings adjacent to the road; Section 46(2)(d) respecting the level, width and construction of roads and streets; Section 46(2)(e) for the removal, demolition or alteration of any projection, structure or thing obstructing a road or likely to cause damage or inconvenience to road users; and Section 46(2)(f) prescribing the fees payable for services provided by the Authority. Section 46(3) Rules or regulations made under subsection (1) may prescribe, in respect of any contravention of any provision thereof, a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding one year or both, and may also prescribe, in the case of continuing offences, an additional p...

Section 47. Roads to be classified Section 47(1) All public roads under the management of an Authority shall be classified in the manner set out in the First Schedule. Section 47(2) In addition to the classification under subsection (1), each public road shall have such number, name or description as to uniquely identify it among all other roads of its class within the country. Section 47(3) All existing road categorisations and classifications and associated identity numbers defined by the Roads Department of the Ministry responsible for roads prior to the commencement of this Act shall, for the time being, be maintained after the commencement of this Act. Section 47(4) All existing road categorisations and classifications and associated identity numbers defined by the roads section of the Urban Development Department of the Ministry responsible for Local Government or a local Authority prior to the commencement of this Act shall be maintained for the time being after the date of commencement of this Act, save for such amendments as may be necessary to ensure consistency and compliance with the need for unique identity numbers. Section 47(5) An Authority may with the authority of...

Section 48. Inventory of roads Section 48(1) Each Authority shall cause to be maintained and kept current an inventory of the roads under its management, in such format and with such detail, including categorisation and identity details, as may be approved by the Cabinet Secretary. Section 48(2) Such inventory as described in subsection (1) shall, with the authority of the Cabinet Secretary be published in the Gazette .

Section 49. Structures and other works on, over, and below roads or certain other land Section 49(1)(a) erect, construct or lay, or establish any structure or other thing, on or over or below the surface of a road reserve or land in a building restricted area; Section 49(1)(b) make any structural alteration or addition to a structure or that other thing situated on or over, or below the surface of a road or road reserve or land in a building restriction area; or Section 49(1)(c) give permission for erecting, constructing, laying or establishing, any structure or that other thing on or over, or below the surface of, a road or road reserve or land in a building restriction area, or for any structural alteration or addition to any structure or other thing so situated. Section 49(2) An Authority may, in its discretion, give or refuse to give permission under this section. Section 49(3)(a) the specifications with which the structure, other thing, alteration or addition for which permission is requested must comply; Section 49(3)(b) the manner and circumstances in which, the place where, the conditions on which the structure, other thing, alteration or addition may be erected, constructe...

Section 50. Liability of owner and driver for damage Section 50(1)(a) by reason of any vehicle passing over it in contravention of the provisions of any rules made by an Authority under this Act; or Section 50(1)(b) by reason of any vehicle passing over a bridge on the road or coming into contact with any portion thereof other than the surface of the road, the owner of the vehicle and the person driving or propelling it shall jointly and severally be liable to the respective Authority for the damage. Section 50(2) A certificate under the hand of any person authorized in that behalf by the concerned Authority stating the amount of the cost of making good such damage shall be prima facie evidence of such cost.