Chapter 4 CONTROL OF ACCESS TO HIGHWAYS

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28. Restrictions on use of highway

Statutory text

(1) No person or vehicle shall enter into, or use a highway except as authorised by this Act or the rules made thereunder. (2) No pedestrian shall enter into, or walk on, a highway except in any area or zone which is specially demarcated for this purpose. (3) No non-motorized vehicle, including a cycle, or any motorized vehicle which cannot achieve the maximum speed specified for a highway, not being a road having a carriageway width of less than ten meters, shall enter into, or use that highway except to the extent of use of a lane, if any, earmarked for such vehicles. Provided, however, that the State Government may, by notification in the Official Gazette, permit or authorise access in such manner, to such extent and for such period as may be specified therein. (4) Any person or vehicle using a highway in discharge of its functions and duties under any law for the time being in force shall be deemed to be authorised to use that highway under this Act. Provided, however, that nothing contained herein shall relieve such person or vehicle from its obligation to pay fees in accordance with the provisions of section 18.

Chapter 4 CONTROL OF ACCESS TO HIGHWAYS

29. Restrictions on access to highways

Statutory text

(1) No person shall connect any highway or part thereof with any road or passage except in accordance with the permission granted by the State Government or an officer authorised by the State Government in this behalf and subject to such conditions as may be specified in that permission. (2) No person shall have right of access to a highway either through any vehicle or on foot by a group of five or more persons except in accordance with the provisions of this Act or as permitted by the State Government either generally or specifically in the manner specified in section 30. (3) The access to a highway under sub-section (1) and sub-section (2) shall be subject to the guidelines and instructions issued by the State Government from time to time. (4) The State Government may, by notification in the Official Gazette, declare an expressway comprising a highway or any portion thereof to be limited for access in the manner as specified in such notification and may also impose any restriction or control on such access to, from or across such highway as specified in that notification.

Chapter 4 CONTROL OF ACCESS TO HIGHWAYS

30. Procedure for permission of access to highway

Statutory text

(1) The general permission under sub-section (2) of section 29, including any terms and conditions thereof, shall be given by issuing a notification in the Official Gazette for such purpose and specific permission under that sub-section shall be given in the manner specified hereinafter under this section. (2) Any person desirous of obtaining specific permission referred to in sub-section (1) may make an application in the prescribed form to the State Government or an officer authorised by the State Government in this behalf specifying therein the means of access to which such permission relates and shall also be accompanied with such fees as may be prescribed and the State Government or such officer shall, after considering the application, either give the permission with or without the terms and conditions as may be specified therein or reject the application as it may deem fit. (3) In case where the permission has been given in respect of the application made under sub-section (2), the person to whom such permission has been given shall obtain the licence from the State Government or the officer authorised by the State Government in this behalf, in the prescribed form enumerating therein the terms and conditions, if any, subject to which such permission has been given, and such permission shall be renewed after such period and in such manner as may be prescribed. (4) If any person contravenes the provisions of sub-section (1) or sub-section (2) of section 29 or violates any terms and conditions subject to which permission has been given under sub-section (2) including non-renewal of licence obtained under sub-section (3), his access to the highway under the permission under sub-section (1) or sub-section (3), as the case may be, shall be deemed to be unauthorised access and the State Government or the officer authorised by the State Government in this behalf shall have the power to remove such access and where necessary, the State Government or such officer may use the necessary force with the assistance of the police to remove such access.

Chapter 4 CONTROL OF ACCESS TO HIGHWAYS

31. Regulation or diversion of access, etc

Statutory text

(1) Notwithstanding any permission given under sub-section (1) or sub-section (2) of section 30, an officer authorised by the State Government in this behalf shall have the power, in the interest of the safety and convenience of the traffic, to refuse, regulate or divert any proposed or existing access to the highway. (2) Where an existing access is diverted, the alternative access given in lieu thereof shall not be unreasonably distant from the existing access.

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