BOTSWANA RAILWAYS: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Botswana Railways Bye-Laws

Botswana Railways Organization (immovable Property) Vesting Orders

<FD:"BYE-LAW">BOTSWANA RAILWAYS BYE-LAWS

 

(under section 27)

 

(7th July, 1989)

 

ARRANGEMENT OF BYE-LAWS

 

   BYE-LAW

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Access to the railway

 

   4.   Offences in connection with the use of the railway

 

   5.   Parking fee

 

   6.   Vehicles or animals on the railway

 

   7.   Interference with equipment, etc.

 

   8.   Riding on footpaths, etc.

 

   9.   Throwing or dropping of articles, etc.

 

   10.   Smoking

 

   11.   Infection or disease

 

   12.   Entry on trains

 

   13.   Reserved places

 

   14.   Tickets, queues, etc.

 

   15.   Disorderly conduct

 

   16.   Nuisance

 

   17.   Commercial activities, etc.

 

   18.   General penalty

 

   19.   Liability for compensation

 

   20.   Disposal of property

 

   21.   Dangerous goods prohibition

 

   22.   Powers to examine

 

 

S.I. 59, 1989.

 

1.   Citation

   These Bye-Laws may be cited as the Botswana Railways Bye-Laws.

 

2.   Interpretation

   In these Bye-Laws, unless the context otherwise requires-

   "the Act" means the Botswana Railways Act, 1989;

   "authorized officer" means any officer or employee appointed, transferred or seconded to Botswana Railways in accordance with section 10 of the Act, any police officer in the execution of his duty, or any other person specially authorized by the Board of Management of the Botswana Railways;

   "Botswana Railways" means the Botswana Railways Organization established under section 3 of the Act;

   "the railway" means the railways and railway premises of Botswana Railways, and includes stations, approaches to stations and railway reserves;

   "Tariff Book" means the official railway publication (or publications) containing the conditions for conveyance and carriage of goods and passengers on Botswana Railways, and the table of tariffs and fares, including excess fares, therefor and which is available for inspection by the public at railway stations and goods depots;

   "ticket" means a ticket or document issued by or on the authority of the Botswana Railways, for the conveyance of any passenger, animal or article on the railway, or any platform ticket or vehicle or bicycle parking ticket, and includes any warrant, voucher or other authority in exchange for or on production of which a ticket for the conveyance of any passenger may be issued;

   "vehicle" means any railway vehicle on the railway, and includes any compartment of such vehicle.

 

3.   Access to the railway

   Any authorized officer may, for good cause, refuse access to the railway to any person, and any person who disregards or refuses to obey any such refusal by an authorized officer shall be guilty of an offence.

 

4.   Offences in connection with the use of the railway

   (1) Any person found on the railway who is unable to establish satisfactorily to an authorized officer that he has legitimate business entitling him to be there, or who is not genuinely in the act of crossing the railway at an authorized crossing point, shall be guilty of an offence.

   (2) Any person who passes a ticket barrier or enters a vehicle without being in possession of a valid ticket or other authority entitling him to so pass or enter shall be guilty of an offence:

   Provided that at a location where there are no ticket issuing facilities a person shall not be guilty of an offence under this sub-bye-law if he so passes or enters for the purpose of travelling on the railway, and is in possession of adequate funds to enable him to pay to an authorized officer the correct fare for the journey.

   (3)(a) A ticket shall not be used for a purpose other than that for which it was issued, and, unless permitted by an authorized officer, shall not be used for a type of travel or a class of accommodation other than that for which it was issued.

   (b) A person who uses or attempts to use a ticket in contravention of this sub-bye-law shall be guilty of an offence.

   (4) Any person who alters, defaces, mutilates or destroys a ticket or who uses, or attempts to use a ticket or other authority to pass which has been altered, defaced or mutilated shall be guilty of an offence.

   (5) Any person who sells or gives a ticket or other authority to pass obtained for his own use, in reserved accommodation, to another person, shall be guilty of an offence.

   (6) Any person guilty of an offence under this bye-law, shall in addition to and without prejudice to any fine for which he is liable, be liable to pay or repay to Botswana Railways any fare or excess fare due in accordance with the provisions of the Tariff Book.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Please click here to login

<hr{/mprestriction}