Encroaching on Highways: Cabinet okays stern punishment

Anyone who erects a permanent or makeshift structure or sets up a market on the highways without prior approval may face a maximum of two years in prison or a fine between Tk 50,000 and Tk 5 lakh, or both.

This is according to the draft Highway Act-2020 approved in principle by the cabinet yesterday, with an aim to make the construction, development and maintenance of highways timely and to ensure discipline and safety of vehicular movement.

Under the draft law, even utility service providers -- both public and private -- may face similar punishments if they instal utility services without prior approval, because such unapproved works would be considered "invasion".

Anyone operating a slow-moving vehicle on roads without a dedicated lane or driving a vehicle that is unable to meet the minimum speed limit will be fine up to Tk 50,000, says the draft of a new law.

Once passed, the law will replace the near century-old Highway Act 1925, said officials concerned.

Cabinet Secretary Khandker Anwarul Islam told reporters about it after the cabinet meeting, which was presided over by Prime Minister Sheikh Hasina virtually.

WHY THE NEW LAW?

The Roads and Highways Department (RHD) prepared the draft and sent it to the Road Transport and Highways Division in December 2018. Later, the division finalised the draft and sent it to the law ministry for vetting.

Officials involved in drafting the new law said different new elements related to highways have been added, broadening its scope. Many "issues" do not come under the purview of the current law, they said.

The current law has only five sections -- title, extent and commencement, definition, temporary closing of government roads, power to make rules, and penalties. The new law will have 20.

As per the Highway Act 1925, all "government roads" are under the Public Works Department (PWD). But the situation is different in reality. For decades, they have been under the jurisdiction of the RHD.

On one hand, the number and usage of highways has increased since 1925, and on the other, many developments like expressways and controlled-access highways, toll roads have surfaced in the road sector.

There are some 22,361km of highways -- 3,943kms of national highways, 4,882km of regional highways and 13,536km of district highways -- under the department, according to RHD's 2019-20 annual report.

Despite a ban, non-motorised vehicles continue to ply the country's 22 highways. Besides, simultaneous operation of fast and slow vehicles on the roads is commonplace.

Also, as of July this year, there were at least 16,505 illegal structures on or along roads and highways across the country. RHD data shows 182 acres of the department's land were under illegal occupation.

These slow vehicles and the structures, especially near intersections, are largely blamed for highway accidents which claim thousands of lives every year.

A chapter of the draft law talks about road safety.

The department would ensure engineering safety while constructing or repairing highways, give highest priority to safety issues while constructing or maintaining roads, identify and correct hazardous turns and evict risky establishments, as per the draft law.

WHAT OTHER SECTIONS SAY

According to the draft law, the government can declare any road a highway, controlled-access highway or expressway by issuing a gazette.

Besides, no road or highway can be connected to the controlled-access highway without prior approval from the RHD. If necessary, intersections, interchanges and merge lanes can be constructed upon approval of their design by the RHD. the draft said.

Government and non-government utility service providers have to take prior approval and pay charges to instal lines beside the highways.

And, the government and non-government authorities have to shift their establishments at their own cost if necessary, to make way for development or maintenance of highways, it said.

Setting up any infrastructure without approval from the RHD would be considered "invasion", and such an offence would be punishable under section 82 of the Road Transport Act 2018, the draft says.

Section 82 of the RTA stipulates a maximum two-year jail term and Tk 5 lakh fine, or both.

The department would have the authority not to allow a utility service that may hinder normal transport services.

Any motor vehicle that spills elements harmful to the highway would not be allowed on the roads. One has to pay a highest Tk 25,000 fine for violating this provision.

One may face a maximum fine of Tk 5,000 for using highways to dry crops, straw and similar materials or for walking through non-dedicated places. Hanging billboards, signboards or erecting arches without approval may result in a maximum fine of Tk 50,000.

All the offences will be punishable by mobile court.

Preliminary draft of the act had proposed bringing the Highway Police under the Ministry of Road Transport and Bridges but it was left out in the final draft.

Meanwhile, the cabinet also approved the RHD's Highways Landscaping Policy to protect national and regional highways from damage.