Draft NATIONAL TRAFFIC MANAGEMENT COUNCIL AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL TRAFFIC MANAGEMENT COUNCIL TO ADVICE THE GOVERNMENT ON NATIONAL POLICY RELATING TO MANAGEMENT OF ROAD TRAFFIC AND THE IMPLEMENTATION OF SUCH POLICY WITH RESPECT TO NATIONAL ROADS; TO ADMINISTER A TRAFFIC MANAGEMENT FUND FOR THE PURPOSE OF EXECUTING SUCH POLICY; TO PROVIDE DIRECTIONS AND LIAISE WITH PROVINCIAL AND LOCAL AUTHORITIES IN MANAGING TRAFFIC ON ALL ROADS OTHER THAN NATIONAL ROADS AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. WHEREAS it is the policy of the Government of Sri Lanka- (a). (b). (c). (d). (e). (f). To adopt traffic management measures with respect to all National Roads in order to maintain the desired level of mobility in keeping with the road hierarchy. To study, formulate and implement fiscal and physical strategies for managing traffic and demand for road space. To impose road user charges on National Roads as a means of pricing limited road space, as appropriate for each road, time of day and day of week, together with any other means of discouraging inefficient road space usage and encouraging space efficient modes of transport. To promote and provide for the development of public transport as a means of alleviating traffic congestion. To develop traffic data bases, models, control systems and related facilities and expertise, required for the purpose of traffic planning and management. To establish a Traffic Management Fund designated for the purposes of implementing traffic management measures. NOW therefore, be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:- (1). Short Title and Date of Operation This Act may be cited as the National Traffic Management Council Act No.... of 1998, and shall come into operation on such date ( hereinafter referred to as the "appointed date), as the Minister may appoint by order published in the Gazette. 1
PART I ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL TRAFFIC MANAGEMENT COUNCIL (2). Establishment of the National Traffic Management Council (1) There shall be established, a Council which shall be called the National Traffic Management Council (hereinafter in this Act referred to as the "Council") which shall consist of the persons who are for the time being members of the Council under section 3. (2) The Commission shall in the name assigned to it by subsection (1) be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. (3). Members of the Council (1) The Council shall consist of:- (a) seven ex-officio members, namely- (i). (ii). (iii). (iv). (v). (vi). (vii). a senior officer of the Ministry of the Minister, not below the rank of Senior Assistant Secretary appointed by such Minister; a senior officer of the Ministry of the Minister in charge of the subject of Finance, not below the rank of a Director appointed by the Minister in consultation with the Minister in charge of the subject of Finance; a senior officer of the Ministry of the Minister in charge of the subject of Local Government, not below the rank of a Director appointed by the Minister in consultation with the Minister in charge of the subject of Finance; a senior officer of the Sri Lanka Police, experienced in traffic, not below the rank of Senior Superintendent of Police. the Director-General of the National Transport Commission or his representative, not below the rank of Director; the General Manager of the Road Development Authority or his representative, not below the rank of Director; the Director-General of the Urban Development Authority or his representative, not below the rank of Director; b) four other members appointed by the Minister with the approval of the 2
Cabinet of Ministers from among persons who have had experience or have qualified or shown capacity in the fields of transport planning, traffic management and highway engineering. (2) A person shall be disqualified from being appointed or from continuing as a member of the Council, if he is or becomes a Member of the Parliament or a Member of a Provincial Council. (3) Where a member of the Council is by reason of illness, infirmity or absence from Sri Lanka temporarily unable to perform the duties of his office, the Minister may having regard to the provisions of subsection (1) of this section appoint another person to act in his place. (4) The Minister may without assigning any reason therefor remove any member of the Council from office. The removal of any member of the Council shall not be called in question in any court. (5) A member of the Council may resign from the Council by a letter addressed to the Minister. (6) Subject to the provisions of subsections (4) and (5) the term of office of the appointed members of the Council shall be three years: Provided that an appointed member of the Council appointed in place of a member who resigns or is removed or otherwise vacates office, shall, unless he earlier resigns or is removed or otherwise vacates office, hold office for the unexpired part of the term of office of the member whom he succeeds. (7) Any appointed member of the Council vacating office by affluxion of time shall be eligible for appointment. (8) (a) The Minister shall appoint a Chairman of the Council from among any of the members of the Council who have had experience or have qualified or shown capacity in the fields of transport planning, traffic management, highway administration and highway engineering. ` (b) The Chairman may resign from the office of Chairman by a letter addressed to the Minister. (c) The Minister may without assigning any reason therefore remove the Chairman from office and such removal shall not be questioned in any Court. (d) Subject to the provisions of paragraphs (b) and (c) of this subsection, the term of office of the Chairman shall be his period of membership in the Council. (9) The Council may delegate to the Chairman any or all of the powers conferred to imposed on or assigned to the Council by this Act other than the power conferred on the Council by this subsection. 3
(4). Proceedings of the Council (1) The Chairman shall preside at all meetings of the Council at which he is present. In the absence of the Chairman from any meeting of the Council the members present at the meeting shall choose from among themselves a Chairman for that meeting. (2) The quorum for any meeting of the Council shall be six members. (3) The Chairman at any meeting of the Council shall have in addition to his vote, a casting vote. (4) Subject to the other provisions of this act and any regulation made thereunder, the Council may regulate the procedure in regard to its meetings and the transaction of business at such meetings. (5) A meeting of the Council shall be held at least once every month. (6) No act or proceeding of the Council shall be invalid by reason only of the existence of a vacancy among its members or any defect in the appointment of any of its members. (7) Remuneration of all or any of the members of the Council may be paid such remuneration as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance. (5). Seal of the Council (1) The seal of the Council shall be in the custody of the Chairman. (2) The seal of the Council may be altered in such manner as may be determined by the Council. (3) The seal of the Council shall not be affixed to any instrument or document except in the presence of two members of the Council both of whom shall sign the instrument or document in token of their presence. (6). Power of the Council to establish committees (1) The Council may establish committees consisting of such number of persons for the proper exercise, discharge and performance of its powers, functions and duties. (2) The Council may delegate to such committees such of its powers, functions and duties as may be determined by the Council. (3) The Council shall appoint the chairman of such committees established under subsection (1) and determine the quorum and the procedure to be followed at the meeting of such committees. 4
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(7). The functions of the Council PART II POWERS, DUTIES AND FUNCTIONS OF THE COUNCIL The functions of the Council shall be to advice the Government on national policy relating to traffic management and having regard to such policy- (a). (b). (c). (d). (e). (f). (g). (h). (i). (j). to monitor the traffic conditions on all roads and to determine the minimum levels of mobility that should be provided on each such road, depending on its function within the road hierarchy; to study, formulate and implement scientifically based strategies for managing traffic by staggering work, business and school hours; creation of car-pools; bus-priority measures; park and ride systems; electronic road pricing systems; area licensing schemes; advanced traffic control systems and any other appropriate method; to study and recommend to the Government, fiscal and physical measures by which traffic demand may be managed; to specify conditions with respect to tolls; parking fees and permits; parking restrictions; enforcement strategies; public transport facilities and services; park and ride services; clearance of sidewalks etc. with the consensus of other central and local government authorities where relevant; to respond to traffic problems, public complaints and issues and to follow up these with the appropriate agencies; to liaise with all public transport authorities to promote public transport; to liaise with Government Departments, institutions and agencies in all matters with respect to transport planning and traffic management; to carry out traffic planning and forecasting using scientific state of the art methods and to liaise with other agencies in the formulation, design, improvement and construction of road projects; to develop and maintain traffic data bases and traffic forecasting tools; to train personnel in the areas of transport planning and traffic management; (k). (l). to provide for the development and implementation of electronic traffic control devices; to prepare traffic management schemes at the request of any central, provincial or local government agency and to provide assistance in the implementation of 6
such projects or schemes; (m). (n). to promote public awareness campaigns and implement traffic information systems; to co-ordinate with agencies responsible for road works; repairs to utilities and any other activity affecting free flow of traffic in order to take steps to minimise the impacts to traffic due to such activity. Moreover, to recover from such agencies the cost of affecting such traffic mitigation measures; (8). The powers of the Council The Council may exercise all or any of the following powers:- (a). (b). (c). (d). (e). (f). (g). (h). (i). (j). (k). to enter into, perform and carry out, whether directly or by way of joint venture with any person in or outside of Sri Lanka, all such projects intended to reduce traffic congestion approved by the Government; to acquire, hold take or give on lease or hire, mortgage, pledge and sell or otherwise dispose of any movable or immovable property; to charge fees for any services provided by the Council; to accept gifts, grants, donations or subsidies whether in cash or otherwise and to apply them for carrying out any of the objects of the Council; to administer the Traffic Management Fund by means of financial planning and budgetary control of all funds designated to and from the Fund; to set up provincial, regional, or local Traffic Management Committees for the purpose of co-ordinating the study and monitoring of traffic conditions and the implementation of traffic mitigation measures. To employ such officers and servants as may be necessary for carrying out the work of the Council; To do anything for the purpose of advancing the skill of officers and servants employed by the Council; To establish a provident fund for the officers and servants of the Council; To provide welfare and recreational facilities for the officers and servants of the Council; To make rules in relation to the officers and servants of the Council including their appointment, promotion, remuneration, disciplinary control, conduct and the grant of leave to them; 7
(l). To do all other things which, in the opinion of the Council, are necessary to facilitate the proper discharge of its functions and the exercise of its powers. (9). Directions of the Minister (1) The Minister may give such general directions in writing as to the exercise of the powers and the discharge of the functions of the Council, and the Council shall give effect to such directions. (2) The Minister may from time to time direct the Council in writing to furnish him in such form as he may require returns, accounts and other information with regard to the exercise of the powers and the discharge of the functions by the Council, and the Council shall carry out every such direction. (10). Powers of the Council to give directions (1) The Council may give directions to any agency under the central, provincial or local government as may appear to the Council to be necessary for the purpose of achieving the functions of the Council given under this Act. (2) Every such agency shall afford to the Council facilities for obtaining information with respect to the activities of such an agency with returns, accounts and other information with respect to those activities, as may be required by the Council and shall afford to the Council, facilities for the verification of the information furnished in such a manner, and at such time, as the Commission may require. (11). Powers of Council to cancel permits issued by an Authorised Person Where the Council is satisfied that the holder of any permit which affects the free flow of traffic on a National Road has acted in contravention of the conditions subject to which such permit was granted, it may, on its own motion and after affording such holder an opportunity to show cause as to why such permit should not be cancelled or suspended, cancel or suspend such permit for a specified period. The Council shall communicate its decision to the holder of the permit together with the reasons therefor with a copy of such decision to the Authorised Person granting such permit. (12). Delegation of powers&c by the Council The Council may delegate in writing to the Chairman or any officer of the Council any of its powers, duties and functions under this Act. 8
PART III STAFF OF THE COUNCIL (13). Director General of the Council (14). Directors of the Council (15). Appointment &c of the staff of the Council (16). Appointment of Public officers to the staff of the Council (17). Traffic Management Fund PART IV FINANCE (1) The Traffic Management Fund, herein referred to as the Fund, shall be administered by the Council. (2) There shall be paid to the Fund- (a). (b). (c). (d). all such sums of money as may be voted by the Parliament from time to time, designated for the Fund; all such sums of money as may be received or collected by any Government agency and designated for the Fund on a pre-determined basis after deducting for costs of collection and other expenses; all such funds as may be received by the Fund by way of loans, donations, gifts or grants from any source whatsoever; and all sums accruing to the credit of the Fund. (3) There shall be paid out of the Fund- (a). (b). (c). any sum of money, designated to be utilised from the Fund and payable to a Government Agency responsible for the implementation of a traffic management project approved by the Council; any sum of money, payable as a subsidy for the operation of a traffic management project, approved by the Government and under terms and conditions as formulated by the Council; any sum of money payable for the purpose of study, research and development of traffic management methods and equipment as approved by the Council; 9
(d). any sum of money, as maybe required by the Council for the purpose of defraying any expenditure incurred in the management of the affairs of the Council, the transaction of business of the Council, the payment of remuneration to the members of the Council and the employees of the Council, the exercise of the powers and the performance of the duties and functions of the authority under this Act and any other written law, and for such other purposes as the Council may authorize from time to time. (18). Borrowing Powers of the Council (19). Financial Year and the audit of the accounts of the Authority PART V GENERAL (20). Members, officers and servants of the Council deemed to be public servants (21). Council deemed to be a scheduled institution within the meaning of the Bribery Act. (22). Protection for action taken under this Act or on the direction of the Authority (23). No writ to issue against person or property of a member of the Council (24). Power of Council to make rules (25). Regulations (26). Failure to discharge functions by Authorised Person If an Authorised Person fails to discharge any function assigned to him by any direction issued to him under this Act, the Council shall forthwith report such failures to the President and may take appropriate action to ensure the free flow of traffic in any area in respect of which those functions may be discharged. (27). Acquisition of Immovable Property Under the Land Acquisition Act for the Council (1) Where any immovable property is required to be acquired for the purposes of the Council and the Minister, by Order published in the Gazette, approves of the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly be acquired compulsorily under the Land Acquisition Act and be transferred to the Council. 10
(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Council shall be paid by the Council. (28). State Property to be Made Available to the Council (1) Where any immovable property of the state is required for the purposes of the Council such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the State Lands Ordinance, and accordingly the provisions of that Ordinance shall apply to a special grant or lease of such property to the Council. (2) Where any movable property of the state is required for the purposes of the Council the Minister may, by Order published in the Gazette, transfer to and vest in, the Council the possession and use of that property. (29). Power to enter any land or premises (30). Offenses and penalties (31). Interpretation Authorised Person means any person authorised by written law to grant a building; business or development permit for any site which has direct access to a National Highway, or is within 50 metres within any junction with such a highway in addition, it shall also include any person authorised by written law to grant a passenger or goods transport permit. 11