Government of the Union of Myanmar
Ministry of Construction
(Roads Rules)
Notification No. 1/2002
Yangon 1364 1st full moon day
(December 20, 2002)
[Updated: 13.08.2015]
Amending Law
Ministry of Construction Exercising the power conferred under sub-section (a) section XIII of the Roads Law, the following rules are promulgated with the approval of the Cabinet.
Chapter 1Title and Definition
1. These rules shall be called the Roads Rules .
2. The wording of these rules shall apply in the same meaning prescribed in the Roads Law. In addition, the following expressions shall have the following meanings:
(a) Relevant Road Department means the State, Region, District and Township Road Departments.
(b) Building means a building constructs with any construction material either temporarily or a house built on a permanent basis or reinforced concrete building or tent or a building with a roof or any part of them.
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Chapter (2)Demarcation of roads and boundaries
3. The Ministry of Construction has by issuing the notification:
(a) to designate and declare the roads;
(b) to designate the road boundaries according to the type and level of roads when declaring under sub-rule (a).
4. Road Department:
(a) shall erect the directions warning signs as road markers at either end of the road milepost and end of the road boundary within the boundary of the width of the road;
(b) shall determine the width of the shoulder according to the type of road and the level.
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Chapter 3Construction, Repair and Maintenance of the Roads
5. Ministry of Construction:
(a) shall formulate the short-term, long-term and special plans for road construction with the approval of the Union Government;
(b) shall make planning for construction of roads connecting neighboring countries, if necessary, with the approval of the Union Government;
(c) shall supervise the implementation of road construction projects in accordance with the set targets;
(d) shall coordinate, if necessary, with the relevant government departments and government organizations for expansion of roads, land acquisition and removal of buildings in accordance with existing laws;
(e) shall coordinate with the relevant ministries and authorities with the matters which shall be compensated when carrying out under sub-rule (d);
(f) shall coordinate, if necessary, with the relevant government department and government organizations for the construction of roads.
6. Road Department:
(a) shall implement as per plan for the short-term, long-term plans and special projects prescribed by the Ministry of Construction;
(b) shall carry out the maintenance and inspection for the rehabilitation of roads for long-term sustainability;
(c) shall erect the prohibition signs to prevent damage to the roads;
(d) shall coordinate with the relevant authority for the sale of goods in bulk by setting up shops within the boundaries of the road;
(e) shall make plantation of the necessary trees within the boundaries of the roads according to the prescribed method and shall carry out the removing of the dangerous trees;
(f) submit the report of the relevant Road Departments regarding the maintenance and repairing of the roads, if necessary, to the Ministry of Construction;
(g) shall carry out work related to road construction by finding a route for the construction of new roads;
(h) shall collect documents and information required for road maintenance work and general planning;
(i) shall collaborate with local organizations, technology exchange with foreign countries for the construction of roads; repairing and conducting research on conservation; <Revised 13.08.2015>
7. The Department of Roads is responsible for widening or repairing of the roads. It is allowed to close the crossing sections of the road for a specified period of time. When it is closed, detours should be made and warning signs should be erected where appropriate.
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8. The Road Department shall notify the public in advance of any road closure prior to the construction of the diversion, except in the case of unforeseen circumstances.
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9. (a) anyone either government department or government organization or individual shall consult with the Ministry of Construction in advance for the construction of overhead pipeline across the highway according to their business needs, or surface and underground power lines, or building a surface or underground telecommunication line or a canal;
(b) The plan and details shall be made if the approval of the Ministry of Construction is obtained. This must be done with the permission of the Ministry of Construction through the Road Department.
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Chapter 4Allowing Business Organizations and the Private Sector to carry out Construction, Expansion, Maintenance and Repairing of Roads
10. The Ministry of Construction, with the approval of the Union Government, is responsible for the construction of roads under the short-term and long-term plans and special projects and the roads under the Ministry of Construction. Expansion and repairing of roads and bridge toll collection under the Road and Bridge Maintenance and Use Law, in the case of a joint venture with a business organization or a private entity. If any business entity or private entity is to be allowed to operate under certain conditions, the necessary information relating to the roads to be permitted to operate shall be made to public.
11. A business organization or a private entrepreneur may carry out in partnership with the State for the construction, expansion, repairing and maintenance of the roads and bridge toll collection activities in accordance with the Law. If the operate is as an individual or an individual entrepreneur or business organization, must apply to the Ministry of Construction for the following permission:
(a) Name of private entrepreneur or organization, address, type of business and location of the applicant;
(b) the width, length and location of the road where the business is to be carried out;
(c) estimated amount of capital and investment (local currency, foreign currency);
(d) financial plan and proof of ownership;
(e) operation period of the business;
(f) estimated income and expenses;
(g) payback period;
(h) types of machinery required to be used and amount of fuel demand and purchase plan of the business;
(i) percentage to be paid to the State and the period from the total revenue collected for road and bridge use;
(j) expertise and work experience information related to the road construction, expansion, repair, maintenance and operation.
12. According to Rule 11, the Ministry of Construction may allow by examining of the application for the permission to carry out the construction of roads, road expansion, repair or maintenance work and collection of road and bridge tolls as follows:
(a) may allow to set up a joint venture for a private entrepreneur with any business organization by setting the terms and conditions of the contract;
(b) may allow to operate at a full percentage for any individual or any business organization by signing a contract stipulating the terms and conditions.
13. The Road Department shall enter into a contract with a business entity or individual authorized by the Ministry of Construction to conduct a joint venture or private equity operation under Rule 12.
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14. According to Rule 13, a business organization or individual who has entered into a contract:
(a) shall apply to the Myanmar Investment Commission with the approval of the Ministry of Construction, stating the proposal for the permit under the Myanmar Citizens Investment Law or the Foreign Investment Law of the Union of Myanmar if the investor wants to enjoy the tax exemption and relief. In doing so, the contract signed under Rule 13 must be attached together with the permit issued by Rule 12 of the Ministry of Construction.
(b) shall comply with the terms of the permit and the terms of the contract;
(c) shall not be charged road and bridge tolls for the vehicles exempted from road and bridge toll collection by the Ministry of Construction.
Chapter (5)Connecting or Building Something across the road, Construction of Buildings within the Boundaries of the Road
15. Those who want to make connection or build something across the road or construct a building within the boundaries of the road shall apply the permission to the relevant Road Department.
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16. The relevant Road Department shall examine the application under Rule 15 and permits can be issued by setting conditions to prevent injury, disruption of the traffic and public transportation on the road.
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17. The Road Department is responsible for issuing permits under Rule 16 for constructing or building anything across the highway or the construction of buildings within the boundaries of the road, the period of permit shall be determined depending on the local conditions and the type of business.
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18. The person who has the right to build or build a building within the boundaries of the road or building something across the road shall:
(a) prevent injury or disturbing the movement of vehicles and the public while constructing or constructing in accordance with the permission of the Road Department;
(b) pay the tax prescribed by the Ministry of Construction;
(c) shall post the permit issued by the Road Department in a public place;
(d) if any action causes damage to the road due to the operations, shall pay the value prescribed by the Road Department.
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Chapter (6)Installation of billboards
19. Anyone wishing to erect a billboard within the boundaries of the road must apply to the Township Road Department in accordance with the stipulations, together with a sample of the billboard.
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20. (a) The Township Road Department may scrutinize the application under Rule 19 and, if it is within its jurisdiction, may issue a permit or refuse to issue a permit. If it is not within its jurisdiction, must submit a report with comment to the District Road Department;
(b) The District Road Department may scrutinize the submission in accordance with sub-rule (a) of the Township Road Department and issue a permit or refuse to issue a permit.
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21 For the construction of billboards, the licensee of the relevant Road Department shall pay the billboard tax at the rate prescribed in accordance with the Road and Bridge Use Law.
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22. The cost of erecting of the Billboards may be exempted for the billboards for religious or social purposes or government department and government organization by the Road Department.
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Chapter 7Designation of Types of vehicles and wheels that can be driven on the road, Vehicle and load weights, Carts and Wheel caps
23. The tire dimensions of two-wheeled vehicles driving on the highway shall be as follows:
(a) In case of motor vehicle (motorcycle), the tire width (width) shall not be less than 2 1/2 ”;
(b) In case of vehicle not exceeding 1/2 ton (trailer, trailer), the tire width (width) shall not be less than 3 1/2 ”;
(c) If the vehicle (trailer) is not more than 1/2 ton, the tire width (width) shall not be less than 6 ”,
(d) Tire width (width) shall not be less than 7 ”if it is a vehicle (trailer) not exceeding 1 ton more than 1/2 ton.
24. Tire dimensions of vehicles weighing 1 ton and above driving on the highway shall be as follows:
(a) if the axle weight of the vehicle is not more than 1 1/2 tons, the tire width (width) shall not be less than 6 ”;
(b) if the axle weight of the vehicle is not more than 1/2 ton, the tire width (width) shall not be less than 7 ”;
(c) if the axle weight of the vehicle is not more than 2 tons but not more than 5 tons, the tire width (width) shall not be less than 8 ”;
(d) if the axle weight of the vehicle is not more than 5 tons but not more than 7 tons, the tire width (width) shall not be less than 9 ”;
(e) if the axle weight of the vehicle is more than 7 tons and not more than 8 tons, the tire width (width) shall not be less than 10 ”;
(f) if the axle weight of the vehicle is more than 8 tons, the tire width (width) shall not be less than 11 ”.
25. Do not allow to drive a cart on the highway unless there is a cliff or creek or gorges or stream on the way for passing through. The cart with a wheelbarrow or a car tire mounted is only allowed for driving on the highway, if there is a cliff or creek or gorges or stream on its way to avoiding to cross it.
Chapter (8)Prohibitions and Taking Actions
26. Anyone without the permission of the Road Department:
(a) shall not be allowed to build or construct anything across the road;
(b) shall not be constructed a building within the boundaries of the road;
(c) shall not be made for digging within the boundary of the road.
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27. Anyone-
(a) shall not be allowed to disturb or obstruct for those carrying out the construction of road or expansion or repair or maintenance work with the permission of the Road Department;
(b) shall not be allowed for cutting or destroying or planting trees within the boundaries of the road without the permission of the relevant Road Department;
(c) shall not be allowed to disturb or obstruct the clearing of materials and trees to prevent the roads from being damaged be the relevant Road Department;
(d) shall not be allowed for blocking the drainage along the road frame;
(e) shall not be driven a vehicle equipped with tires smaller than the tire width (width) specified in Rules 23 and 24;
(f) shall not drive a wheeled cart on the surface of the road;
(g) When a cart is inevitably driven on a highway due to the presence of a cliff or creek, a cart equipped with wheels other than those specified in Rule 25 shall not be driven on the road where carts must pass by the road;
(h) shall not drive a vehicle equipped with iron bars or cast iron wheels on the road surface of the road, vehicles equipped with front-wheel drive tires and a vehicle equipped with tires that are not allowed on the road.
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28. Anyone-
(a) shall not intentionally carry items that could disrupt or endanger traffic or blocking the traffic on the surface of the road;
(b) shall not destroy or change direction signs or warning signs at the Milestone on the main road or Road Boundary Post;
(c) shall not piling the bricks, sands, stones, gravel or other material or digging the ground or remove or change the topography of the land within the boundary of the road without the permission of the relevant Road Department;
(d) no billboard shall be erected within the boundary of the road without the permission of the relevant Road Department.
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29. Anyone-
(a) shall not be allowed for driving, drawing, riding or tie up the animals on the surface of the road;
(b) shall not be allowed for any livestock within the boundaries of the road without the permission of the relevant Road Department;
(c) shall not be allowed for pulling the logs, bamboo trees, branches or farm implements which may destroy the surface of the road;
(d) shall not be allowed for cutting, demolition or acceleration arches which destroying the road surface and shoulder of the road;
(e) whose vehicle shall not be parked or stopped for longer than necessary on the road surface and on the side of the road;
(f) shall avoid using the road surface or shoulder of the road or arm rail of the bridges for keeping something for sun exposure or placing something;
(g) shall not breach the prohibitions set by the Road Department from time to time with the approval of the Ministry of Construction to prevent damage to the roads.
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30. Anyone:
(a) violating of any prohibition under Rule 26 shall be punished under Section 7 of the Roads Law;
(b) violating of any prohibition under Rule 27 shall be punished under Section 8 of the Roads Law;
(c) violating of any prohibition under Rules 28 and 29 shall be punished under Section 9 of the Roads Law.
Chapter 9Miscellaneous
31. The Road Department shall specify the rights and responsibilities to the relevant levels of Road Department for the permission for building something or constructing the buildings or erecting the billboards within the boundaries of the road.
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32. The Road Department may, if necessary, carry out its duties and powers to assign responsibilities to the relevant Road Department or an organization or individual or relevant government department.
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33. Relevant Road Department shall repair and maintain the roads as required for the long-term sustainability of the roads. Supervision, prevention and assistance can be obtained by coordinating with the relevant police force when taking action.
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General Saw Tun
Minister
Government of the Union of Myanmar
Ministry of Construction
