Through engineering and technical staff,...

Through engineering and technical staff, Directorate of roads and bridges in Karbala implement a number of tasks for emergency maintenance of roads and bridges in the province to serve people and t

Through the engineering staff in Karbala, Roads...

Through the engineering staff in Karbala, Roads and bridges directorate completed Ahmed bin Al-Qasim road in the Al-Husseinieh in long of 3 km and at a cost exceeding 762 million dinars.

Engineer Essam Abbas, the general director of...

Engineer Essam Abbas, the general director of roads and bridges directorate, meets with delegation of the World Bank to discuss the implementation of the rehabilitation of Highway NO.1\VII and VIII

Through engineering and technical staff in...

, Through engineering and technical staff in karbala , Roads -and bridges directorate on oversees maintenance Fatima al alzahra road in length 2.75 kilometer of each corridor and in width of 10 met

Minister of Construction and Housing and public...

Minister of Construction and Housing and public Municipalities Tariq AL-kikhany opened two bridges in province of Al-muthanna.

Minister of Construction and Housing and public...

Minister of Construction and Housing and public Municipalities Tareq Al-khaykanee signed a contract to rehabilitate the highway project road no. 8 from World Bank.

Commission Laws

Highways Law No. 35 for 2002
Title of Legislation: Highways Law No. 35 for 2002
Classification: Iraqi Law

Matter 1
Legislation No.: 35
Legislation Year: 2002
Legislation Date: 22/08/2002 00:00:00

Section One
Definitions

Article 1
The following terms have the meanings stated next to each:
First – Ministry: Ministry of Housing and Construction.
Second – State Board for Roads and Bridges.
Third – Highway – Is the paved or unpaved route that is allocated for passage of vehicles. It includes the road’s no-man’s-land (NML). Types of highways, such as express, main and secondary are determined through statement published in the official gazette.
Fourth – Expressway: Is the highway which is specifically designed and constructed for passage of vehicles and does not serve the boundary estates (fenced). The vehicles passage lanes therein are separated and it does not intersect with any road, railroad or another route or pedestrian way on the same level. It is designed and declared as expressway.
Fifth – Bridge: Is a construction of reinforced concrete, steel or both, which space is more than six (6) meters, and may consist of several spaces, for transporting all types of traffic, services or both, across a waterway or opening. The concept of bridge includes floating bridges that are designed and executed -in whatever method and identified by the Board as bridges, through statement published in the official gazette.
Sixth – Intersection: Is a road network on one level, or more, providing the flow of traffic between two or more roads.
Seventh – Tunnel: Is a road passing another road, a railroad, river, bay, channel, mountain or height. It is designed, constructed and declared as tunnel through statement published in the official gazette.
Eighth – Arch: Is a closed stream that conveys utilities or water in a natural channel or natural or artificial waterway from a side of the road to the other, it does not include the Bridge.
Ninth – NML: Is a road, bridge, intersection or tunnel and the land neighboring it, which distance is extended, through statement issued by the Board and published in the official gazette.
Tenth – Axial Weight: Is the vehicle’s weight plus the weight of cargo transported, exerted on each axle of the vehicle.

Section Two
Law’s Objectives and Scope of Applicability

Article 2
This Law aims at the following:
First – To keep the safety of highways, bridges, intersections and tunnels, conducting maintenance and prohibiting trespassing thereon.
Second – To specify the NMLs of highways, bridges, intersections and tunnels, regulating their usage.
Third – To specify the axial weights, speeds and dimensions of vehicles that use the highways.
Fourth – To facilitate the procedure of taking possession and acquisition of land through which the highways, bridges, intersections and tunnels pass, and regulating the procedures of estimating their premises and plants servants and how these shall be compensated.
Fifth – To organize and give building license for the premises serving the highways, determining their distances from such highways.
Sixth – To give approval on other projects outside the borders of Mayoralty of Baghdad and the other municipalities.

Article 3
The provisions of this law apply on:
First – The highways located outside the borders of Mayoralty of Baghdad and the municipalities, the arches, crossings, tunnels and intersections that locate within their NMLs and the squares serving such highways.
Second – Bridges of various types located within and without the borders of Mayoralty of Baghdad and municipalities, which are known to belong to the Board. This includes only the bridged part thereof, other than the ramps.

Section Three
Acquisition and Estimation

Article 4
First – The Board shall require placement of mark of non-disposal of the lands covered by this law in the real-estate registers for a period of not more than one year as of the date of placement of mark.
Second – The Board, in urgent cases, may acquire the lands stated in Clause First of this Article that locate outside the borders of Mayoralty of Baghdad and municipalities after estimating the value of their premises and plants servients by a committee formed of the Deputy-Governor (head) and the Governorate’s Roads and Bridges Director, Real-Estate Registration Director, Agriculture Director, representative of Farmers Associations, State Real-Estates Director and the person concerned or his representative (members). The committee may employ expert or experts for this purpose.
Third – The committee stated in Clause Second of this Article follows the estimation bases stipulated in the Law of Acquisition No. 12 for 1981
Fourth – The Board and all those concerned with the servients of the land estimated according to the provisions of Clause Second of this Article may challenge the estimation report, within fifteen (15) days as of the date of notifying it therewith, at the Court of First-Instance having jurisdiction over the real-estate location. The Court shall consider the challenge within fifteen (15) days, its award shall be liable to appeal at the Court of Appeal in its cassation capacity.

Article 5
First – The Board, within a hundred eighty (180) days after the date of taking possession thereof, commences the acquisition of the lands stated in Article 4 of this Law, according to the provisions of the Law of Acquisition No. 12 for 1981. The value shall be estimated on the date of placement of mark of Non-disposal or on the date of taking possession or on the date or acquisition request, whichever is better for the person.
Second – In the event no addresses of the persons concerned with the lands and servients are obtained, the numbers of plots and districts comprised by acquisition shall be announced in a daily newspaper, at least twice. The concerned persons are given one hundred eighty (180) days to approach and establish their rights. The plots are considered acquired by the end of this period.
Third – The legal proceeds stated in the Law of Acquisition shall be taken without consideration according to the provisions stated therein. This provision applies on the lands covered by the provisions of this Law, disregarding their type, class, location and the legislation pursuant to which they were acquired.
Matter 2
Fourth – The lands of highway NMLs acquired shall be registered in the name of the Ministry of Finance. The real-estate registers of the lands acquired before the validity of this Law shall be amended accordingly.
Fifth – In the event the Board no longer needs any area of the lands stipulated in Clause Fourth of this Article, their title shall pass to Mayoralty of Baghdad or the relevant municipality if these were located within their borders, without consideration, and ending their possession and their title shall pass to the Ministry of Finance if these were located without these borders
Sixth – The Board shall act for the State and social sector departments in supervising the lands covered by the provisions of this law and the trespass thereon shall be removed in coordination with the administration units.

Article 6
First – The Board, when necessary, may take possession of any land or orchard or part thereof, temporarily, for the purposes of executing highways and bridges projects, for a period of not more than the project execution term, for a rent, after notifying their proprietor therefore at least thirty (30) days in advance.
Second – The committee stated in Clause Second/Article 4 of this Law shall specify the annual or monthly rent of the real-estate which is decided to take possession thereof, temporarily, and draft a report stating its, and its servients, then current situation.
Third – The Board shall restore the real-estate which possession was taken to its proprietor after completing the project, according to the case stated in the report of taking possession thereof, and compensate the proprietor for the damages occurred to the real-estate after their estimation by the same committee.

Section Four
Highways and Bridges NML

Article 7
Through statement issued by the Board and published in the official gazette, the following shall be specified:
First – The NMLs of highways and expressways, main roads, secondary roads, rural roads, etc. except for the parts thereof passing within the borders of Mayoralty of Baghdad or the municipalities where their specification shall subject to their basic designs.
Second – The NMLs of bridges where it is not allowed to erect sieving plants, establish quarries or make modifications to the river’s route which results in making damage in the bridge’s piers or ramps.
Third – NMLs of intersections, tunnels and crossings if any.

Article 8
First – It is not allowed to build, plant, farm, dig rivers, creeks or drainage, lay cables, install means of publicity and advertisement or conduct any other thing within the limits of the NMLs by any entity whatsoever, unless under a written approval by the Board.
Second – Digging is not allowed on the sides of highways within the areas confined between two lines parallel to the middle line, each is at seventy five (75) meters to the left and the right of the main road, unless under approval by the Ministry of transportation and communications and the Board.
Third – No entity is allowed to erect a bridge, arch, crossing or any other construction within the NMLs of the highways, unless under approval of the Board and according to the design approved by it, on condition of providing a temporary alternative road for traffic during the period of work, which should be supplied with all signs to secure the traffic safety.
Fourth – The new erections made within the NMLs of highways before the validity of this Law, which belong to the State and social sector departments, shall be removed without consideration, if their existence has adverse effect on the highways from technical aspect or on the traffic safety. Their removal shall be at the cost of the entity concerned, in coordination between it and the Board.
Fifth – The new erections which belong to other than the entities stated in Clause Fourth of this Article, which are made under proper license or approval by an official body, shall be removed it was erected before executing the highway or specifying its NMLs, and shall be compensated for if it adversely effects on the road from technical aspect and on the traffic safety. The compensation shall consider the following:
a- Compensation is given only for the new erections
b- Compensation is estimated on the date of giving the license or the date of issuing the approval or the permit of making the erection or the date of their removal, whichever is better for the person. Otherwise, it shall be estimated at the price of similar erection on the date on making the inspection and estimation, unless it is agreed otherwise.
c- The amount of compensation shall be estimated by a committee formed of the Deputy-Governor (head) and a Board’s representative and an expert chosen by the committee’s head (members).
d- The Board or the concerned person may challenge the amount of compensation at the Court of First Instance having jurisdiction over the location of the erection within thirty (30) days as of the date of issuance of the compensation award. The Court’s award shall be liable to appeal at the Cassation Court of Appeal.
e- The compensation shall be disbursed, with its annexed expenditures and charges, by the Court having jurisdiction over the project’s location from the money allocated by the Board for this purpose. It shall be disbursed to those who are entitled to it according to the law.
Sixth: The erections made in trespass after executing the road or specifying its NMLs shall be removed according to the law. Removal shall be made by the administration unit within which geography the new erection locates, at the trespasser cost, within ninety (90) days of the date of notifying it with the trespass.
Seventh – Under the approval of the Board the following is allowed:
f- To use part of the highway’s NML for constructing tourism facilities or road services or for seasonal agricultural purposes or the agriculture which results in protecting the road or environmental improvement or laying cable line or electric poles or water projects or other state projects.
g- To maintain the orchards which locate within the highways’ NML if their existence has no effect on technical aspects or traffic safety, provided that these shall be fenced regularly at the cost of their owners.
h- To maintain the erections and buildings which locate within the highway’s NML for the roads executed before the validity of this Law, provided that there is no contradiction between their existence and the technical requirements of the road and traffic safety, as follows:
1- The parts of the building of no more than ten (10)-meter depth if their removal makes damage to the entire building.
2- Electric and telephone poles, coaxial cables, railroads and the channels and constructions behind them.
3- Buildings and constructions which belong to the State and the social sector departments and places of worship and cemeteries
Eighth – Excepted from the provisions of Clause Sixth of this Article the production constructions and projects disregarding their title and shall be maintained until expiry of their productive life, provided not adding new production lines thereto and that they shall be removed after the expiry of their productive life at the cost of the entity to which the new erection belongs.
Ninth – Other buildings, construction and facilities necessary for serving the highways shall be erected under a license from the Board in coordination with the relevant governorate, according to the designs set up and approved by it and in the manner it assess in the locations it assigns within or without the NMLs of such roads, and may issue instruction specific thereto.
Matter 3
Tenth – It is not allowed to construct any buildings, constructions or new erections which use results in hazard, disturbance or effect on the environment and users of the road due to their harmful smokes, vapors, gases, dusts or odors discarded, unless at distances of more than five hundred (500) meters from the NML of the expressway or the main road. It is allowed to build houses for the owners of agricultural lots according to the law, provided that the external fence of the house shall be at least twenty five (25) meters from the limits of the road’s NML, and there is no direct connection to the road but only to the service road parallel to the expressway or to the local road exists in the area.
Eleventh – The rural and agricultural roads are excluded from the provisions of Clause Tenth of this Article, except for the agricultural projects, poultry field and hatching fields or the like, where it is not allowed to be constructed unless in the locations at less than fifty (50) meters from the limits of the road’s NML.

Section Five
Vehicles’ Axial Weights

Article 9
The axial weights of vehicles that use the highway are specified through statement issued by the Board and published in the official gazette. The Board, in coordination with the Directorate General of Traffic, may except some specialized vehicles which belong to the State and the social sector departments, as well as the army, police, and the vehicles used in emergencies.

Article 10
First – The Board, in coordination with the Directorate General of Traffic, may determine the locations of the vehicle weigh stations. The Board shall provide the buildings and yard necessary thereto, as well as the provision and maintenance of weighing equipments.
Second – The Directorate General of Traffic and the Board shall handover the administration and operation of the weigh stations, and impose penalties on those in breach, according to the provisions of this Law.

Section Six
Penalties

Article 11
Shall be sentenced with imprisonment for max. three (3) months and a penalty of min. twenty thousand (20,000) ID and max. fifty thousand (50,000) ID, or either of these sentences, everyone who:
First – Incurs damage to the highways which may hinder the traffic and constitute a danger to the users of the highway.
Second – Ignores cautioning during the day or lighting during the night for the excavation works or the materials placed on the highways.
Third – Uses the highways for other than the purposes dedicated thereto or transports cargoes which cause danger when fall on the road without taking the necessary precautions to protect the highway users.
Fourth – Violates the rules of using the expressway announced by the competent authorities.

Article 12
Shall be sentenced with imprisonment for min. three (3) months and max. a year and a penalty of min. fifty thousand (50,000) ID and max. two hundred fifty thousand (250,000) ID, or either of these sentences, everyone who:
First – Trespasses the highway NMLs by excavating or using without license or temporary or permanent building, as well as burdening it with the expenses of trespass removal.
Second – causes hindrance of traffic on the highways outside the borders of Mayoralty of Baghdad and the municipalities.
Third – Extracts the traffic signs, guard rails, BRC fences or tampers with the arches or bridges, or makes deformation or damage thereto or changes their place or directions.
Fourth – Prevents of hinders the Board or the contracting body from performing their duties.
Fifth – Violates the provisions of Article (8) of this Law.
B- Violates the provisions of the instructions and statements issued pursuant to this Law.

Article 13
If the act in violation of the provisions of Articles 11 and 12 of this Law constitutes a crime which sentence is more severe under another Law, then the more sever sentence shall be applied.

Article 14
First – The vehicle which violates the provisions of the axial weights shall be impounded until the excess load is unloaded and conveyed outside the weigh station, at the cost of the offender, with imposing a penalty of min. a thousand (1,000) ID per a hundred (100) kg
Second – A demurrage of three thousand (3,000) ID shall be collected per every night through which the impounded vehicle stays on the impoundment yard, as of the date of violation.

Article 15
First – The traffic officer assigned to work in the weigh station is given the authority to impose a penalty and impound the vehicle of excess load according to the provisions of Article 14 of this Law. His decisions in this respect are final.
Second – The readings of weight scale are considered affirmative evidence for the purpose of imposing penalty on the offender

Third – Failure by the offender to pay the penalty stated in Article 14 of this Law within thirty (30) days as of the date of violation, it will be referred to the competent Court to replace the penalty by imprisonment.
Fourth – Taxi driver or owner who evades the weighing shall be penalized with min. ten thousand (10,000) and max. fifty thousand (50,000) ID, without prejudice to the provisions of Clause First/Article 14 of this Law.
Matter 4

Article 16
First – The body having the authority to impound the vehicle shall not be held responsible for the damages that occur to the damageable loaded properties.
Second – The provisions of the Law of Disposal of Impounded or Abandoned Vehicle No. 8 for 1987 apply to the vehicles in violation that are left in the weighing stations yards.
Third – The Board sells the properties abandoned by offenders, which are in excess of the weight limitations, through public auction in exception of the provisions of the applicable legislation, according to rules set up by the Ministry. The amounts of sale shall be recorded as final revenue to the general budget. The Board retains forty percent (40%) of such amounts.
Fourth – The outcome of the ratio mentioned in Clause Third of this Article shall be divided as follows:
a- Twenty five percent thereof, incentives to the personnel of the State Board for Roads and Bridges
b- Fifteen percent thereof, incentives to the personnel of the weigh stations
Fifth – The Housing and Construction Minister, in coordination with the Internal Minister, issues the instructions on incentives stipulated in items a & b/Clause Fourth of this Article, which shall include the basis of their distribution, those who are covered thereby and the cases deprived therefrom.

Section Seventh
Final and General Provisions

Article 17
First – The Board shall collect from the beneficiaries the costs of erection of arches, bridges and constructions it erected according to their request
Second – The administration unit shall collect from the trespasser the costs of removing the trespass on the highway NMLs according to the lists it sets up pursuant to the Law of Collection of Governmental Debts No. 56 for 1977.

Article 18
The Board, or its representatives of contractors or companies, shall secure the continuous flow of waters, rivers, creeks and drainages standing in the way of highways and bridges projects, and shall provide alternatives to the existing roads standing in the way of highways and bridges projects.

Article 19
The Board’s personnel shall have access to the private real-estates, except for the houses and building, to arrange the survey works, after notifying their proprietors and determining the routes of highways and bridges for the purpose of executing its projects.

Article 20
First – The Board is solely engaged in the execution of expressways, main and secondary roads, intersections and tunnels that locate outside the borders of Mayoralty of Baghdad and the municipalities and execution of bridges.
Second – The other State departments or individuals may execute local, rural, tourism, private roads or crossings under approval and supervision of the Board, provided that the NMLs of such roads shall be determined by the Board exclusively.

Article 21
First – The Directorate General of Traffic, in coordination with the Board, shall specify the dimensions of the various vehicles, as well as their min. and max. speeds on the highways, according to the type of each road, through statement to be published in the official gazette.
Second – The Directorate General of Traffic, in coordination with the Board, shall set up the rules of using the expressways, through statement to be published in the official gazette.

Article 22
First – To be cancelled the Law of Roads No. 1 for 1983, the Law of Regulating the Use of Highway and Expressway NMLs No. 55 for 1985, Decisions of the Revolution Command Council No. 439 on 10/07/1989, 676 on 21/10/1989 and 13 on 13/03/1990 and the Regulation on Estimation of Properties Covered by Highway Projects No. 3 for 1983.
Second – The statements issued by the Board and the Directorate General of Traffic shall continue to be applied without contradiction with the provisions of this Law, until what replaces or revokes them is passed.

Article 23
The Housing and Construction Minister, in coordination with the Internal Minister, may issue instructions to facilitate the enforcement of the provisions of this Law.

Article 24
This Law is applicable ninety (90) days as of the date of publishing it in the official gazette.
Written in Baghdad on the fourteenth of Jamady-el-Akher for the year 1423 AH, corresponding to the twenty second of Augustus for the year 2002 AD.