ACTS OF GHANA

TOLLS DECREE, 1973 (NRCD 153)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Tolls on Roads and Bridges.

2. Tolls on Ferries.

3. Exemption from Payment of Tolls.

4. Toll House, Barrier, and Notice of Tolls.

5. Government Drivers.

6. Accounts and Audit.

7. Imposition of Penalty in lieu of Prosecution.

8. Interpretation.

9. Repeal and Savings.

SCHEDULE

Schedule

IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972 this Decree is hereby made:

Section 1—Tolls on Roads and Bridges.

(1) The Minister may, with the approval of the National Redemption Council, by legislative instrument make regulations— [As amended by Tolls (Amendment) Act, 1999 (Act 570), s. 4].

(a) declaring any road to be a toll road;

(b) declaring any bridge to be a toll bridge;

(c) fixing the tolls to be levied on motor vehicles using such road or bridge;

(d) exempting any class of motor vehicles from the payment of such tolls.

(2) Regulations made under subsection (1) may prescribe different rates of tolls for different classes of motor vehicles.

(3) Except where a specific provision has been made relating only to bridges, any reference to any road in regulations made under subsection (1) includes any bridge on such road.

Section 2—Tolls on Ferries.

(1) The Minister may, with the approval of the National Redemption Council, by legislative instrument make regulations— [As amended by Tolls (Amendment) Act, 1999 (Act 570), s. 4].

(a) declaring any ferry to be a toll ferry;

(b) fixing the tolls to be levied on passengers, vehicles, animals or goods carried on such ferry;

(c) exempting any class of passengers, vehicles, animals or goods from the payment of such tolls.

(2) Regulations made under subsection (1) may prescribe different rates of tolls for different classes of passengers, vehicles, animals or goods.

Section 3—Exemption from Payment of Tolls.

Motor vehicles which belong to the following are exempted from payment of tolls under this Decree —

(a) the Armed Forces

(b) the Police Service;

(c) the Fire Service;

(d) the Prisons Service;

(e) the Diplomatic Missions; on reciprocal basis;

(f) government and mission hospitals and used as ambulances; and

(g) the Ghana Red Cross Society.” [As substituted by Tolls (Amendment) Act, 1999 (Act 570), s. 1].

Section 4—Toll House, Barrier, and Notice of Tolls.

(1) The Minister shall cause a toll house and a gate or barrier to be erected at the approaches to a toll road, toll bridge or toll ferry. [As amended by Tolls (Amendment) Act, 1999 (Act 570), s. 4].

(2) A notice board showing the prescribed tolls shall be erected at a convenient place near the gate or barrier.

Section 5—Government Drivers.

(1) A toll-keeper shall keep a register in which shall be entered the particulars specified in the Schedule to this Decree in respect of motor vehicles owned by the Government or travelling on Government business.

(2) A toll-keeper may at any time require the driver of a motor vehicle purporting to be Government-owned or to be travelling on Government business to produce for his inspection valid evidence to show that the motor vehicle under his charge is Government-owned or travelling on Government business.

Section 6—Accounts and Audit.

(1) The Minister shall cause to be prepared not later than the thirtieth day of August in each year a statement showing in detail the income and expenditure incurred in the operation of toll roads, toll bridges and toll ferries in the preceding financial year.  [As amended by Tolls (Amendment) Act, 1999 (Act 570), s. 4].

(2) The statements shall be audited by the Auditor-General and a copy of the statements so audited shall be published in the Gazette.

Section 7—Imposition of Penalty in lieu of Prosecution.

(1) Where a person required to pay a toll—

(a) refuses to pay the prescribed toll; or

(b) enters a toll road, toll bridge or toll ferry without paying the prescribed toll,

a police officer or any authorised person may levy on the person a penalty of one hundred times the prescribed toll.

(2) Where a person duly discharges the whole of the penalty levied on him under a subsection (1) of this section that person shall not be prosecuted for the same offence.

(3) The onus of proof of payment of the prescribed toll rests on the person who alleges that the toll has been paid.

(4) The police officer or any person authorised by the Minister in that behalf may not impose a penalty if he is satisfied that having regard to the seriousness of the act constituting the offence the person committing the offence ought to be prosecuted instead of a penalty levied against him.

(5) An official receipt shall be given in respect of any payment made under this section.

(6) All penalties levied and collected under this section shall be paid into the Road Fund. [As substituted by Tolls (Amendment) Act, 1999 (Act 570), s. 2].

Section 8—Interpretation.

In this Decree unless the context otherwise requires—

"minister" means the Minister resonsible for Roads and Transport. [As substituted by Tolls (Amendment) Act 1999 (act 570) s. 3(c)].

"motor vehicle" means a vehicle intended or adapted for propulsion by mechanical means;

"prescribed" means the Tolls prescribe by the minister under section 1 or 2 of this decree [As substituted by Tolls (Amendment) Act 1999 (act 570) s. 3(d)].

"road" means any street, highway, public place or other road to which the public have access, and includes bridges over which a road passes.

"hospitals " include health clinics, health centres and health posts; [As inserted by Tolls (Amendment) Act, 1999 (Act 570) s. 3(a)].

Section 9—Repeal and Savings.

(1) The Tolls Act, 1965 (Act 314) is hereby repealed.

(2) Until provision is otherwise made by regulations under this Decree, the road tolls and ferry tolls payable immediately before the commencement of this Decree shall continue to be payable.

(3) Tolls (Amendment) Law, 1984 (PNDCL 97) is hereby repealed [Repealed by Tolls (Amendment) Act 1999 (Act 570) s. (5)].

SCHEDULE

(Section 5)

Made this 7th day of February, 1973.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council

Date of Gazette Notification: 16th February, 1973.

amended by

TOLLS (AMENDMENT) LAW, 1984 (PNDCL 97)1.

TOLLS (AMENDMENT) ACT, 1999 (ACT 570)2.