Motorists face K1m toll fines, prosecution

Motorists driving through tollgates without paying face a fine of up to K1 million and 12 months imprisonment, a move which has sparked debate.

The Roads Fund Administration (RFA), in published notices, states that their decision to enforce the law comes against the background of an increase in cases of motorists who have been forcing their way through the toll gates without paying prescribed toll fees.

Apart from the K1 million fine, the courts will order the forfeiture of that particular vehicle to the State.

The move has attracted mixed reactions with some motorists applauding the RFA’s decision while others feel the fine is exorbitant and that there is a need for a mechanism to ensure such incidents are avoided.

In an interview last week, Patrick Nzeru, a driver who operates a taxi on the M1 between Blantyre to Lilongwe, said the RFA is justified to act on such unruly motorists.

He said: “It does not make sense for us motorists to force our way through the tollgates without paying. This is unacceptable behaviour that should be condemned. So, if the RFA wants to punish such motorists, they are justified.”

Another motorist Miles Tembo said the fees should act as a deterrent to other motorists.

“Since the cases of motorists forcing their way through the tollgates are being reported, the step taken by the RFA will compel them to observe the appropriate rules and regulations strictly,” he said.

Michiru Trucking truck driver Jonas Banda expressed similar sentiments in a written response.

He said: “Some of these actions from our motorists are uncalled for. Why should they force their way through the tollgates? This is not on.”

However, another motorist Jimmy Munthali said while the K1 million is exorbitant, forfeiting the particular vehicle to the State is going overboard.

“The K1 million is a lot already. So, why should somebody further forfeit his vehicle to the State?” he said.

But in the published notices, the RFA said forcibly driving through the tollgates without paying is a criminal offence under Regulation 15 (1) (a) of the RFA (Tolls) Regulations 2021.

“If the person causes any damage to the toll infrastructure, the court may order the convict to pay the toll due and repair costs of the damage caused to the road infrastructure while committing the offence.

“Where the above offence is committed, a toll collector may summarily demand from the motorist the payment of the fine of K1 million,” reads in part RFA’s notice.

Apart from forcibly driving through the toll gates using a counterfeit receipt to avoid paying toll or attempting to evade the payment of toll, removing or destroying any barrier placed on a tolled road and using any tolled road closed to traffic also attract a K1 million fine.

Other offences attracting the fine include depositing glass, garbage, metal, food waste or any waste, a flammable or corrosive liquid or any offensive matter on a toll road and failing, neglecting or refusing to obey an instruction or direction of toll administrator or toll collector.

The tollgates, constructed on the M1 at Chingeni in Balaka District and Kalinyeke in Dedza District, are the first in the country.