Revised Laws of Saint Lucia (2023)

Works and Roads Rules – Section 33 (Gazettes 20-02-1909, 5-3-1910, S.I. 1/1919, 2/1919, 14/1922, 3/1924, 7/1931, 37/1937 and 55/1942.)

Gazette 20-2-1909

Amended by Gazette 5-3-1910, S.I. 1/1919, 2/1919, 14/1922, 3/1924, 7/1931, 37/1937 and 55/1942

ROAD DISTRICTS

1.  

   1.   The Island shall be and the same is hereby divided into the following 5 Road Districts—

   1.  

      (I)     The First Road District shall comprise all that part of the Island lying and being situate between the following boundaries, viz—

1.  

   Commencing at a point on the western coast line of the Island on the northern or right bank of the Anse-la-Raye River, thence proceeding northwards, eastwards and southwards, along and around the said coast to a stream in the eastern sea coast known as Louvet River, thence upwards along the northern or left bank of the said stream to its rise on the Sorciere mountain; thence along the “Barre” or ridge from “La Sorciere” to “Piton Flore”; thence along the “Barre de l'Ile” or main divide of the Island to “Piton Lacombe”; thence in a south-westerly direction to Morne Houelmon, and the rise of the Anse-la-Raye River; thence downwards along the northern or right bank of the said stream to the point of commencement on the western coast line.

   1.  

      (II)     The Second Road District shall comprise all that part of the Island lying and being situate between the following boundaries, viz—

1.  

   Commencing at a point on the western coast line of the Island on the northern or right bank of the Anse-la-Raye River thence upwards along the said right bank to its rise on Morne Houelmon, thence in a north-easterly direction to “Piton Lacombe” thence along the “Barre” or ridge to “Piton St. Esprit,” thence in a south-westerly direction to “Grand Magazin,” thence in a westerly direction to Myers Bridge, thence along the right bank of the Ivrogne River to the sea coast, thence northwards along the western coast line to the point of commencement on the right bank of the Anse-la-Raye River aforesaid.

   1.  

      (III)     The Third Road District shall comprise all that part of the Island lying and being situate between the following boundaries, viz—

1.  

   Commencing at a point on the western coast line of the Island on the right bank of the Ivrogne River thence upwards along the right bank of the said stream to Myers Bridge, thence along a line in an easterly direction to the “Grand Magazin,” thence to the head of the “Piaille River,” thence downwards along the right bank of the said stream to the sea coast, thence along the coast line northwards and westwards to the point of commencement on the right bank of the Ivrogne River aforesaid.

   1.  

      (IV)     The Fourth Road District shall comprise all that part of the Island lying and being situate between the following boundaries, viz—

1.  

   Commencing at a point on the western coast line of the Island on the right bank of the “Piaille River,” thence upwards along the right bank of the said stream and ravine to the “Grand Magazin,” thence in a north-easterly direction to “Piton St. Esprit,” thence downwards along a ravine to the head of the Troumassée River, thence along the right bank of the said stream downwards to the sea coast, thence along the coast line southwards, westwards and northwards to the point of commencement on the right bank of the “Piaille River” aforesaid.

   1.  

      (V)     The Fifth Road District shall comprise all that part of the Island lying and being situate between the following boundaries, viz—

1.  

   Commencing at a point on the eastern coast line of the Island on the right bank of the Troumassée River, thence upwards along the right bank of the said stream and ravine to “Piton St. Esprit,” thence along the “Barre de l'Ile” or main divide of the Island past “Piton Lacombe” to “Piton Flore,” thence along the Barre or ridge to La Sorciere, thence downwards along a ravine to the head of the Louvet River, thence downwards along the northern or left bank of the said stream to the point of commencement aforesaid, thence southwards along the sea coast to the right bank of the Troumassée River.

CONTROL OF CART TRAFFIC ON BY-WAY

1.  

   2.   Any Road Authority may and at any time, if in the circumstances it considers it proper so to do, do any of the following things that is to say—

   1.  

      (a)     Prohibit absolutely the use of all carts or of any cart on any public by-way, or any section or part of such by-way, of Saint Lucia under the control of such authority.

   1.  

      (b)     Permit the use of any cart on any such by-way or on any section or part of such by-way only upon such conditions as the authority may prescribe, however, any such condition may be varied by such authority and provided also that such permission may be revoked at any time by such authority.

CONTROL OF CART TRAFFIC ON HIGHWAYS

1.  

   3.   Every cart is hereby prohibited from travelling on any public way unless the wheels are maintained in such condition by the owner or owners of such cart that they fit accurately and rotate with precision on their axles.

ROAD BOARDS

Payment of Claims

1.  

   4.   All claims presented for payment to the Treasury in respect of work or expenditure made or arising upon public by-ways shall be countersigned by the chairperson of the Road District in which the same are situate.

Appointment of Delegates

1.  

   5.   It shall be lawful for a Road Board by resolution to delegate to any member thereof the duty of supervising the work and expenditure upon any public by-way or by-ways; and in such case the claims to be presented for payment in respect of the by-way or by-ways committed to the charge of such delegate shall be certified by such delegate in addition to being countersigned as above directed; and the name of such delegate, together with particulars of the by-ways under his or her control shall be notified to the Director of Finance and Planning at the earliest possible opportunity.

1.  

   6.   

   1.  

      (1)     A Road Board may dispense with the services of any delegate and nominate another in his or her stead; and the chairperson may, subject to confirmation by the Board, suspend a delegate, or appoint a delegate to act for any other delegate, who may be incapacitated from duty by illness or otherwise, or who may die, resign or leave the Island.

   1.  

      (2)     The chairperson shall, without delay, report to the Governor General any such suspension or nomination.

1.  

   7.   The Road Board shall settle for the guidance of the delegates the rates of wages to be paid to labourers, artisans, superintendents, foremen, or overseers, employed on public by-ways, whether by day work or piece work.

Rates of Wages

1.  

   8.   The chairperson shall communicate a schedule of such rates to the Governor General. No employee of a Road Board shall be entitled to claim more than a month's notice; and a Road Board may not make agreement for service involving any longer notice, or any claim for pension or compassionate allowance.

1.  

   9.   The chairperson shall inform the Governor General of the names and rates of wages of any overseer or foreman placed by the Board in general charge of the public by-ways or of a group of by-ways on monthly wages, and the wages of such overseer or foreman shall be paid separately on a special pay sheet certified by the chairperson, in the usual form for payment of salaries.

Clerk to the Board

1.  

   10.   Such overseer or foreman, or if there be more than one overseer or foreman, the principal overseer or foreman, may be employed as Clerk to the Road Board, subject to such regulations for his or her guidance as the Board may make; and he or she may be awarded by the Board, subject to the approval of the Governor General, an addition to his or her wages in consideration of such additional duties.

Duties of Delegates

1.  

   11.   Each delegate shall be entrusted with the personal supervision of the repair and maintenance of the by-way or section of by-way for which he or she is nominated by the Board.

1.  

   12.   Each Road Board shall decide whether the nomination of superintendents is to be in the hands of its delegates, or whether the Road Board is to make such nominations itself.

1.  

   13.   As soon as the Estimates are sanctioned, the Governor General shall communicate to each chairperson a notice stating the amount available for the by-ways in his or her district.

1.  

   14.   Payments on account of each by-way will be made on the certificate of the delegate countersigned by the chairperson of the Board.

1.  

   15.   In the event of the authorised amount showing signs of exhaustion a statement, in the Form A in Schedule 1 hereto, will be sent by the Chief Engineer to the delegate and a duplicate to the chairperson of the Board.

1.  

   16.   Pay sheets on forms which may be obtained at the Treasury, or District Revenue Office should be made up fortnightly, certified by the delegate and forwarded by him or her to the Chief Engineer, not later than the Tuesday following the end of the fortnight in respect of which the pay is claimed. The labourers shall then be paid at the Public Works Office or the District Revenue Office, on the following Saturday. Instructions will be given to the Post Office officials to pass all correspondence addressed to the Governor General, Director of Finance and Planning, Chief Engineer or to the chairperson of a Road Board and certified by a delegate to be “On Service,” free of charge.

1.  

   17.   To facilitate the payment, numbered metal tickets will be issued by the Treasury or the District Revenue Office upon the written or personal application of the delegate, and should by him or her be issued through the Superintendent of the gang or gangs to the labourers at the end of the fortnight. In the proper columns of the pay-sheet the number corresponding to the ticket issued to each labourer should be entered in a line with his or her name. Upon presentation of this ticket on the pay day to the duly authorised paying officer by the labourer, and upon his or her identification by the Superintendent (who should always be present at the payment of labourers and certify the sheets to that effect) he or she will receive the amount payable to him or her.

1.  

   18.   A delegate or overseer must always be present at the payment of labourers and certify the sheets to that effect.

1.  

   19.   Cement, lime, gunpowder, tools and other requisites will be supplied to any delegate by the Chief Engineer on a requisition, in the Form B in Schedule 1 hereto, countersigned by the chairperson, for use on the roads under his or her charge; the cost will be debited to the account of the Public By-ways of the District.

Miscellaneous

1.  

   20.   A list of tools in use on the by-ways of each District shall be kept, and the chairperson of each Road Board may be required to produce them or account for them when called on by the direction of the Administrator.

1.  

   21.   In the event of a Road Board being of opinion that a balance available on a public by-way ought to be transferred to another the Administrator may, if he or she sees fit, authorise such transfer. Balances will not be carried over from one year to another.

1.  

   22.   

   1.  

      (1)     A Road Board may, if it sees fit, declare that a public by-way is a pack road and not a cart road, and issue a notice to that effect. Such notice shall be published in the Gazette and affixed in a conspicuous position at the juncture of the by-way with any other road. The Road Board may, after the publication of such notice place posts, painted white and marked with a broad arrow, in the by-way, in such positions as will prevent cart traffic, and allow horse and foot traffic. It shall be an offence to remove or attempt to remove such posts.

   1.  

      (2)     The Board may revoke such notice and remove such posts at any time.

1.  

   23.   The Chief Engineer or other officer nominated by the Governor General, shall inspect the public by-ways, and send in once a month to the Governor General a report on the by-ways inspected by him or her.

1.  

   24.   All reports, minutes of meetings, awards, estimates and all communications of any Road Board intended to be sent to the Governor General shall be forwarded to the Chief Engineer and by him or her transmitted to the Governor General.

Offences

1.  

   25.   

   1.  

      (1)     Any driver of a cart, waggon, dray or other carriage of any kind, who shall ride upon such carriage, or upon the shaft or upon any horse or other animal drawing the same on any main road, not having some other person on foot to guide it, unless the beast or beasts harnessed to such carriage or cart shall be driven with reins;

   1.  

      (2)     Any driver of a cart, waggon, dray or other carriage who shall leave the same standing upon any road without having some proper person to hold the beast or beasts attached to the same;

   1.  

      (3)     Any driver of any cart, waggon, dray or other carriage, who shall by negligence or wilful misbehaviour, cause hurt or damage to any person, horse, cattle, carriage or goods passing or being conveyed on any road;

   1.  

      (4)     Any driver of a waggon, cart, dray, or other carriage, or of any horse, mule or beast of draught or burden, who when meeting or being overtaken on a road by any other waggon, cart, dray or carriage, or beast of draught or burden, shall not keep his or her waggon, cart, dray or carriage, or beast on his or her left side of the road;

   1.  

      (5)     Any driver of a waggon, cart, dray or other carriage, or of any horse, mule, or beast of draught or burden, who on overtaking on a road any other waggon, cart, dray, carriage, or beast of draught or burden shall not keep his or her waggon, cart, dray or carriage or beast on his or her right side of the road;

   1.  

      (6)     Any driver or other person who shall wilfully or by negligence prevent, hinder, or interrupt the free passage of any other person, waggon, cart, dray, or other carriage, or beast on any road, or who shall draw up any cart, waggon, dray or other carriage in such a manner as to obstruct the free passage along the road;

   1.  

      (7)     Any person who shall ride or drive furiously on any road any horse or other beast, or any sort of carriage, so as to endanger the life or limb of any traveller or passenger;

   1.  

      (8)     Any person driving any vehicle of burden without springs, who shall wilfully put the horse, mule or beast of draught or burden drawing the same, beyond a walk;

   1.  

      (9)     Any person who shall ride or drive any vehicle, bicycle or tricycle between sunset and sunrise without having a lighted lamp affixed to such vehicle, bicycle, or tricycle on the right side of the front of such vehicle, so as to be clearly visible to any person meeting such vehicle;

   1.  

      (10)     Any driver of a waggon, cart, dray or other carriage who shall wilfully and wantonly, or through culpable negligence suffer such waggon, cart, dray or carriage to strike against any wall, bridge or rail on any road, or who shall by negligence or misbehaviour, cause any damage to any such wall, bridge, or rail or to a road;

   1.  

      (11)     Any person who having blocked or stopped the wheel of any cart or other carriage on any road shall allow the stone or other thing with which he or she may have blocked or stopped such wheel to remain on the road;

   1.  

      (12)     Any person who shall remove, destroy, injure or deface any mile mark, guide post, or rail on any road;

   1.  

      (13)     Any person who shall leave any waggon, or other wheeled carriage upon any road or on the side thereof, except in case of accident, and in the case of accident for a longer time than may be necessary to remove the same;

   1.  

      (14)     The driver on any road of any waggon, cart, or other carriage any part of which or the lading upon which, or any shaft or outrigger attached to which shall extend more than 6 inches beyond the end of the axle;

   1.  

      (15)     Any person who shall erect or maintain a gate or gates upon any road without the written permission of the Chief Engineer or who, having such permission, shall not keep a watchman constantly near such gate or gates, for the purpose of opening the same when required by any person using the road:—

1.  

   commits an offence.

LANDSLIDE REMOVAL

1.  

   26.   It shall be lawful for any Road Authority to remove to and place on any land adjoining a road soil which has blocked such roadway owing to a landslide, however, no loss be occasioned by such removal and placing to the owner or occupier of such land.

1.  

   27.   Where soil has been replaced on the land from which it slided no loss shall be deemed to have been occasioned by such replacement.

1.  

   28.   In the event of any dispute as to the liability to pay or the amount of compensation in respect of any replacing of soil under these Regulations the matter shall, with the necessary modifications, be decided and the compensation assessed by the magistrate in the manner set out in sections 23 to 25 of the Works and Roads Act.

CLOSING OF ROADS, ETC.

1.  

   29.   Whenever in the opinion of the Chief Engineer it is expedient to close or limit the use of any road, bridge, or thoroughfare, or any portion thereof, whether wholly or partially, because of danger to traffic or for any other sufficient reason, the Governor General may order such road, bridge or thoroughfare or portion thereof, to be closed wholly or partially for such period as he or she may deem necessary. A Notice under the hand of the Chief Engineer of the issue of such order shall be published in the Gazette, and a copy of the Notice shall also be posted up at each end of the road, bridge or thoroughfare, or portion thereof, so closed.

Schedule 1

Schedule 2

Schedule 3

TARIFF OF PUBLIC WORKS CHARGES