Expressways Law

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Expressways Law
(Pyidaungsu Hluttaw Law No. 24 of 2015)

1376 6th day after Tagu full moon

(April 9, 2015)

[Updated: 27.11.2015]

Amending Law


The Pyidaungsu Hluttaw enacted this law.

Chapter 1
Title and definition

1. This shall be called the Highway Law .

2. The following expressions contained in this Law shall have the meanings given herein:

(a) State means the Republic of the Union of Myanmar.

(b) Government means the Government of the Republic of the Union of Myanmar.

(c) Ministry means the Ministry of Construction of the Union Government.

(d) Highway means the road which has been declared a highway by the Ministry with the approval of the Union Government. The term also includes the boundaries of the road on either side of the road and the bridges on it.

(e) Animals means pets and wild animals.

(f) Motor vehicle means a motor vehicle; Electricity All or any of the energy. A vehicle that can be driven on or off the road using some or all of the components.

(g) Road network means a set of roads connecting highways and highways.

(h) Transit road means a bridge and road structure constructed to allow vehicles to cross at the intersection of the highway and other roads.

(i) Road pavement means a pavement constructed in accordance with technical standards for road construction.

(j) Road shoulder means the part which is on each side of the roadway and the part which is maintained for emergency parking of vehicles and the road is not damaged.

(k) Road sign means an intersection along the highway; Signs at distances indicate distances; Directions Warning signs for motor vehicles and signs prohibiting safe driving.

(l) Parking lot means a parking lot designated for temporary parking of vehicles and passengers.

(m) Highway features include the road network formed on the highway; Transition Road, road pavement, bridge, drain pipe, traffic road shoulder, middle road island drainage, mile stones, road area marker, road sign, electronic warning devices, parking lot, communication or production route, road protection, road toll booths, administration and detention center.

(n) Highway Administration Committee means the Highway Administration Committee formed under this Law.

Chapter (2)
Objectives

3. The objectives of this law are as follows:

(a) To be able to collect tolls systematically for construction of highways, expansion, maintenance, supervision and management of motor vehicles;

(b) To ensure the safety of the users of the highways and to be able to carry out matters related to road safety continuously;

(c) To reduce the cost of transportation and improve the socio-economic life of the citizens by raising the speed of passengers and goods by using highways.

(d) To accelerate the development work of the State by connecting highways with highways of regional countries.

Chapter 3
Duties and Powers of the Ministry

4. The Ministry shall perform the following duties in relation to highways:

(a) formulating policies with the approval of the Government for the modern development of roads and transportation in the State;

(b) short-term for the construction of highways and the emergence of a road network; Formulating long-term and special plans with the approval of the Cabinet;

(c) planning and construction of highways connecting with neighboring countries with the approval of the Government;

(d) supervising the implementation of highway projects within the stipulated period;

(e) construction of highways, expansion, upgrading, maintenance, management, discipline, monitoring, directing the Road Department regarding other activities;

(f) regional and international cooperation for construction of highways, expansion, upgrading, maintenance; management, setting international standards and regulations, regional and international issues related to highways, including research;

(g) coordinating with the Ministry of Home Affairs to form the Highway Police for safety and discipline along the highways.

(h) carrying out other duties related to the highway assigned by the Government.

<Revised 27.11.2015>

5. The Ministry has the right to exercise the following powers to implement this Law:

(a) Declaring it as a highway with the approval of the Cabinet;

(b) Boundary of the highway; Street name Street No. Where to start End of road Places of passage; Entering the highway ထွက် ခြင်း၊ Transmission points; Road toll booths; Determining parking spaces and other requirements;

(c) Making plans to build highways, maintenance and expansion if necessary, coordinating with the relevant government department, government organization, private organizations, local and foreign experts;

(d) directing and supervising the maintenance of highways;

(e) expansion Joint venture with any local or foreign business organization or individual in accordance with the existing laws regarding construction of highways, maintenance, contracting, setting conditions and allowing them to operate;

(f) coordinating with the relevant Ministries in accordance with the existing laws on land acquisition and removal of buildings in the construction and expansion of highways;

(g) importing vehicles and equipment required for the construction and maintenance of highways with the approval of the Cabinet;

(h) cooperation with International organizations, local organizations, foreign countries on technology exchange and access to assistance regarding construction of highways and maintenance;  

(i) conducting social and health impact assessments and environmental protection activities for construction of highways;

(j) conducting research work related to maintenance, repair and construction of highways;

(k) cooperation at the regional and international levels relating to highways;.

6. The Ministry:

(a) establish a comprehensive road network and the Highway Management Committee may be formed under the Ministry with the approval of the Cabinet to implement highway projects.

(b) representatives from the relevant Region or State Government with the participation of the Deputy Minister as the Chairman in forming the Highway Administration Committee under sub-section (a) with the relevant officers from Road Department, representatives from relevant ministries at the Union level and outside experts.

(c) the duties and powers of the Highway Administration Committee may be determined by issuing a notification letter.

<Revised 27.11.2015>

Chapter 4
Duties and Powers of the Road Department

<Revised 27.11.2015>

7. The responsibilities and powers of the Road Department are as follows:

(a) implementing in accordance with the policies set by the Ministry for the modern development of roads in the Union;

(b) drafting and presenting financial and action plans for construction of highways, extensions, upgrades and maintenance to the Ministry, regarding short-term and long-term management matters;

(c) implementing for the completion of highway projects within the stipulated period;

(d) maintenance and repair of highways for long-term sustainability;

(e) planting designated trees within the boundaries of highways and clearing dangerous trees with the view to arrange for safe public transportation;

(f) declaring the toll rates of the relevant highways with the approval of the Ministry;

(g) announcing the width of the road, road width of highways and road shoulder width and scrutinizing whether it complies with the relevant highway features;

(h) announcing in expanding major highways, in maintenance, temporary closure of traffic on the road, closing for a fixed period of time and bypassing the road when the road is closed;

(i) approving constructing something by crossing the highways, construction within the boundaries of the highway and the construction of billboards;

(j) issuing necessary prohibitions, inspection, supervising and taking action to prevent damage to highways;;

(k) determining and declaring vehicles which are not allowed to drive on the highways.

(l) determining the speeds to be driven by motor vehicles on highways;

(m) coordinating with relevant government department, government agencies and private organizations as needed to reduce traffic accidents on highways;

(n) supervision and action taken for real-time public safety warnings and news release regarding construction of highways and maintenance; 

<Revised 27.11.2015>

Chapter (5)
Terms and Conditions

8. The following rules apply when using highways:

(a) allowing transfers, entering and exit of the highway, access to designated transit access points are made only through the roads connected to the highway;

(b) passing through the prescribed lane when passing from one side of the highway to the other;

(c) driving only vehicles that meet the requirements on the highway;

(d) complying with the rules and regulations of the Highway from time to time by the Highway Administration Committee and the Road Department.

<Revised 27.11.2015>

9. Vehicles other than those used for road work on the expressway are:

(a) drive only within the speed prescribed by the Highway Administration Committee or the Road Department;

(b) drive within the speed limit at required places and at curves as indicated;

(c) drive do not exceed the safe speed limit in case of poor visibility or due to bad weather or for any other reason.

<Revised 27.11.2015>

Chapter (6)
Parking lots

10. The Road Department, with the approval of the Ministry, within the boundaries of the highway:

(a) can be built parking lot; 

(b) set rules for permission and supervising to build the necessary facilities for restrooms and parking lots in offices, automotive repairing workshop, hotel, motel, restaurant, market, construction of; 

(c) build housing building for its employees; 

<Revised 27.11.2015>

11. The Department of Roads is responsible for the construction of expressway-related buildings, including parking facilities outside the expressway boundary, maintenance, collection of toll fees, by coordinating with the relevant Region or State Government and the Union Area Council regarding management.

<Revised 27.11.2015>

Chapter 7
Exemptions

12. Ambulance, Fire trucks and emergency vehicles are allowed to drive at speeds not specified by the Department of Roads.

<Revised 27.11.2015>

13. No motor vehicle or vehicle is prohibited from driving on the freeway, provided it is contained in any existing law. Driving or stopping other vehicles not allowed to pass by cart, human, in the event of human or material harm or death due to the passing of animals, traffic rules and regulations will be enforced in accordance with the law. The driver of a motor vehicle that obeys the rules of the road shall not be liable.

Chapter (8)
Restrictions

14. No one is allowed to walk or drive, riding a bicycle or motorcycle, slow-moving vehicles such as trucks, other prohibited vehicles, including carts and animals and other means of crossing the freeway, resting around the road are, except those allowed to the road workers on the highway and responsible supervisors drive.

15. No one should do any of the following:

(a) damage to highway features;

(b) removing highway features or obstructing traffic;

(c) invasion of the boundary of the highway;

(d) endangering vehicles and passengers using the expressway.

16. No person shall perform any of the following acts without the permission of the Ministry and the Road Department:

(a) constructing something by crossing the highway;

(b) construction of a building within the boundaries of the highway;

(c) excavation within the boundaries of the highway

<Revised 27.11.2015>

17. No one should do any of the following:

(a) disturbing or obstructing the construction of highway expansion and maintenance work;

(b) vehicles such as wheel type unauthorized driving of a load-bearing vehicle which are not allowed to drive on the highways;

(c) planting, cutting or destroying trees, within the boundaries of the highway without the permission of the Highway Administration Committee and the Road Department and interfering or obstructing the clearing of trees deemed dangerous by the Road Department and clearing trees for road widening;

(d) installation of billboards within the boundaries of the expressway without the permission of the Road Department.

<Revised 27.11.2015>

Chapter 9
Offenses and penalties

18. Whoever is convicted of violating any of the prohibitions under section 14 shall be punished with a fine at minimum of 50,000 kyats and a maximum of 300,000 kyats or imprisonment for a term not exceeding one year or with both punishments must be imposed.

19. Whoever is convicted of violating any of the prohibitions under section 15 shall be punished with imprisonment not exceeding three years or with fine not exceeding a minimum of 200,000 kyats and a maximum of 2 million kyats. Both penalties shall be imposed, and the value of property damage shall be compensated in the event of damage to highway equipment.

20. Whoever is convicted of violating any of the prohibitions under section 16 shall be punished with imprisonment not exceeding three years or with fine not exceeding a minimum of one hundred thousand kyats and a maximum of ten hundred thousand kyats. Both penalties shall be imposed, and the value of property damage shall be compensated in the event of damage to highway equipment.

21 Whoever is convicted of violating any of the prohibitions under section 17 shall be punished with imprisonment for a term not exceeding six months or a fine of minimum of 50,000 kyats and a maximum of 500,000 kyats or with both. Both fines and penalties shall be imposed in addition to the damage to the highway.

22. Any person who violates the provisions of this law or the rules issued under this law; Notice of Order Violation of any provision of the Order shall be punishable by imprisonment for a term not exceeding three months or a fine of minimum of 30,000 kyats and a maximum of 300,000 kyats or both. Both penalties shall be imposed and the value of damage to highway equipment shall be compensated.

Chapter (10)
General

23. According to the requirements of Government Department, Government organization, a private organization the organization, the pipeline will be connected across the highway and underground or power line connection or building communication lines and building of canals, it is needed to consult with the Ministry in advance and get permission.

24. Offenses under sections 18, 21 and 22 of this Law are considered as police offenses.

25. Road Department and Myanmar Police Force are coordinating with law enforcement to monitor and prosecute crimes.

<Revised 27.11.2015>

26. The Road Department shall be responsible to the Highway Administration Committee in relation to highways.

<Revised 27.11.2015>

27. Individuals from organizations appointed or assigned to carry out highway works under this Law shall be considered as public servants while performing highway duties.

28. In implementing the provisions of this law:

(a) The Ministry shall issue required rules and regulations with the approval of the Union Government;

(b) The Ministry shall issue a Notification, Order, Directive and Procedures is necessary;

(c) The Road Department may issue orders and directives.

<Revised 27.11.2015>


I sign in accordance with the Constitution of the Republic of the Union of Myanmar.


(Sd/-) Thein Sein
President
The Republic of the Union of Myanmar