Tolls Act

Link to law: http://www.parliament.gov.zm/node/1494
Published: 1983

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The Laws of Zambia

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REPUBLIC OF ZAMBIA

THE TOLLS ACT

CHAPTER 465 OF THE LAWS OF ZAMBIA

CHAPTER 465 THE TOLLS ACT

THE TOLLS ACT

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title

2. Interpretation

PART II

TOLLS BOARD

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3. Establishment of Board

4. Seal of Board

5. Composition of Board

6. Tenure of office and vacancies

7. Functions of Board

8. Proceedings of Board

9. Committees of Board

10. Disclosure of interest

11. Immunity of members

PART III

ADMINISTRATION

12. Director and Deputy Director

13. Secretary and other staff

14. Inspectorate unit

15. Powers of inspectors

16. Prohibition of publication or disclosure of information to unauthorised persons

PART IV

TOLL CHARGES

17. Toll charges

PART V

ENTRY FEES, ETC.

Section

18. Entry fees

19. Declarations

20. Purchase of fuel and lubricants in respect of certain vehicles

21. Supply of fuel or lubricants to certain vehicles

22. Forfeiture of certain vehicles

PART VI

FINANCIAL PROVISIONS AND REGULATIONS

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23. Funds of Board

24. Bank accounts

25. Accounts

26. Financial year

27. Annual report

28. Regulations

CHAPTER 465

TOLLS

An Act to provide for the establishment of the Tolls Board; to define the functions
and powers of the Board; to provide for the charging and the collection of toll
charges; to provide for the charging and the collection of entry fees in respect
of certain vehicles entering Zambia; to provide for the procedure for the
purchase of fuel and lubricants in respect of heavy goods vehicles not
registered in Zambia; and to provide for matters connected with or incidental
to the foregoing.

[15th April, 1983

11 of 1983
2 of 1988
13 of 1994
Statutory Instrument
128 of 1983

PART I

PRELIMINARY

1. This Act may be cited as the Tolls Act. Short title

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2. (1) In this Act, unless the context otherwise requires-

"Board" means the Tolls Board established by section three;

"Chairman" means the person designated Chairman of the Board in section five;

"Director" means the Director of the Board appointed under section twelve;

"entry fee" means the fee referred to in Part V;

"fuel" includes petrol, diesel, kerosene, and any other fuel used for the propulsion
of a heavy goods vehicle;

"inspector" means an inspector of the Board appointed under section fourteen;

"lubricant" includes any oil, grease, hydraulic fluid, or any other lubricant used in
connection with a heavy goods vehicle;

"member" means a member of the Board;

"Secretary" means the person appointed under section thirteen to be Secretary to
the Board;

"toll charges" means the charges referred to in Part IV;

"Vice-Chairman" means the Vice-Chairman of the Board elected in accordance
with subsection (2) of section five.

Interpretation

(2) Unless the context otherwise requires, words and expressions not defined in this
Act but defined in the Roads and Road Traffic Act shall, in this Act, have the meaning
assigned thereto in the Roads and Road Traffic Act.

Cap. 464
Cap. 464

PART II

TOLLS BOARD

3. There is hereby established the Tolls Board which shall be a body corporate
with perpetual succession and a common seal, capable of suing and of being sued in its
corporate name, and with power, subject to the other provisions of this Act, to do all such
acts and things as a body corporate may by law do or perform.

Establishment of
Board

4. (1) The seal of the Board shall be such device as may be determined by the
Board and shall be kept by the Secretary.

Seal of Board

(2) The Board may use a wafer or rubber stamp in lieu of the seal.

(3) The affixing of the seal of the Board shall be authenticated by the Chairman and
the Secretary or by the Chairman and one other person authorised in that behalf by a
resolution of the Board.

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(4) Any contract or instrument which, if entered into or executed by a person not
being a body corporate would not be required to be under seal, may be entered into or
executed without seal on behalf of the Board by the Secretary or any other person
authorised in that behalf by a resolution of the Board.

(5) Any document purporting to be a document under the seal of the Board or
issued on behalf of the Board shall be received in evidence and shall be deemed to be so
executed or issued, as the case may be, without further proof, unless the contrary is
proved.

5. (1) The Board shall consist of the following members: Composition of Board

(a) the Minister responsible for finance, who shall be Chairman of the Board,
and Ministers responsible for transport, works and home affairs;

(b) the Controller of Customs and Excise and the Road Traffic Commissioner;
and

(c) two other members appointed by the Minister.

(2) The Board shall elect a Vice-Chairman from amongst the members referred to in
paragraph (a) of subsection (1).

(3) The Chairman may, by directions in writing and subject to such terms and
conditions as he thinks fit, delegate to the Vice-Chairman any of his functions under this
Act.

6. (1) The provisions of this section shall apply to such members as are referred to
in paragraph (c) of subsection (1) of section five.

Tenure of office and
vacancies

(2) Subject to the other provisions of this section, a member shall hold office for a
period of two years.

(3) Upon the expiry of the period for which a member is appointed, he may be
re-appointed.

(4) Upon the expiry of the period for which a member is appointed, he shall continue
to hold office until his successor has been appointed, but in no case shall such further
period exceed three months.

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(5) The office of a member shall become vacant-

(a) subject to subsection (4), upon the expiry of the period for which he is
appointed or re-appointed;

(b) if he is adjudged or otherwise declared to be of unsound mind;

(c) if he is adjudged or otherwise declared to be bankrupt;

(d) if he is lawfully detained or his freedom of movement is restricted under any
law in force in Zambia;

(e) if he is sentenced to a term of imprisonment exceeding six months;

(f) if he is absent from three consecutive meetings of the Board without
reasonable cause;

(g) upon the expiry of not less than one month's notice in writing of his intention
to resign given by him to the Chairman;

(h) if he is removed by the Minister.

7. (1) The functions of the Board shall be to do all such things as are necessary for,
or connected with, the charging and collection of toll charges and entry fees, and
controlling the sale of fuel and lubricants to heavy goods vehicles not registered in
Zambia.

Functions of Board

(2) Without prejudice to the generality of subsection (1), the Board may-

(a) erect and maintain such structures as are necessary for operating toll
points; and

(b) operate fuel and lubricant depots, supply points or fuel stations.

(3) The Board may, by directions in writing and subject to such terms and conditions
as it thinks fit, delegate to the Director any of its functions under this Act.

(4) The Minister may give to the Board such general or specific directions with
respect to the discharge of its functions as he may consider necessary and the Board
shall give effect to such directions.

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8. (1) Subject to the other provisions of this Act, the Board may regulate its own
procedure.

Proceedings of Board

(2) The Board shall meet for the transaction of business at least once every six
months at such places and at such times as the Chairman may determine.

(3) Upon giving notice of not less than fourteen days, a meeting of the Board may
be called by the Chairman and shall be called if not less than three members so request in
writing:

Provided that if the urgency of any particular matter does not permit the giving of
such notice, a special meeting may be called upon giving a shorter notice.

(4) Three members shall form a quorum at any meeting of the Board.

(5) There shall preside at any meeting of the Board-

(a) the Chairman; or

(b) in the absence of the Chairman, the Vice-Chairman; or

(c) in the absence of the Chairman and the Vice-Chairman, such member as
the members present may elect for the purpose of that meeting.

(6) A decision of the Board on any question shall be by a majority of the members
present and voting at the meeting and, in the event of an equality of votes, the person
presiding at the meeting shall have a casting vote in addition to his deliberative vote.

(7) Notwithstanding the provisions of subsection (6), a decision may be made by the
Board on any urgent matter by the circulation of the relevant papers among the members,
and by the expression in writing of the views of the majority thereof:

Provided that any member shall be entitled to require that any decision shall be
deferred until the matter is considered at a meeting of the Board.

(8) Where any member is for any reasonable cause unable to attend any meeting of
the Board, he may, in writing, nominate another person to attend such meeting in his
stead and such person shall be deemed to be a member for the purpose of such meeting.

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(9) The Board may invite any person, whose presence is in its opinion desirable, to
attend and to participate in the deliberations of a meeting of the Board but such person
shall have no vote.

(10) The validity of any proceedings, act or decision of the Board shall not be
affected by any vacancy in the membership of the Board or by any defect in the
appointment of any member or by reason that any person not entitled so to do took part in
the proceedings.

(11) The Board shall cause minutes to be kept of the proceedings of every meeting
of the Board and of every meeting of any committee established by the Board.

9. (1) The Board may, for the purpose of performing its functions under this Act,
establish committees and delegate to any such committee such of its functions as it thinks
fit.

Committees of Board

(2) The Board may appoint as members of a committee established under
subsection (1), persons who are or are not members of the Board and such persons shall
hold office for such period as the Board may determine.

(3) Subject to any specific or general direction of the Board any committee
established under subsection (1) may regulate its own procedure.

10. (1) If a person is present at a meeting of the Board or any committee of the
Board at which any matter is the subject of consideration and in which matter the person
or his spouse is directly or indirectly interested in a private capacity, he shall, as soon as
practicable after the commencement of the meeting, disclose such interest and shall not,
unless the Board otherwise directs, take part in any consideration or discussion of, or vote
on, any question touching such matter.

Disclosure of interest

(2) A disclosure of interest made under this section shall be recorded in the minutes
of the meeting at which it is made.

11. No action or other proceedings shall lie or be instituted against any member for
or in respect of any act or thing done or omitted to be done in good faith in the exercise or
purported exercise of his functions under this Act.

Immunity of members

PART III

ADMINISTRATION

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12. (1) The Board shall appoint, on such terms and conditions as it may determine,
a Director who shall be the chief executive officer of the Board and who, subject to the
control of the Board, shall be responsible for the administration of the affairs of the Board:

Director and Deputy
Director

(2) The Board may appoint, on such terms and conditions as it may determine, a
Deputy Director to assist the Director.

(3) The Director, or in his absence the Deputy Director, shall attend meetings of the
Board and may address such meetings, but shall not vote on any matter:

Provided that the person presiding at any meeting of the Board may, for good cause,
require the Director or Deputy Director, as the case may be, to withdraw from such
meeting.

(4) The provisions of section ten shall apply, mutatis mutandis, to the Director and
the Deputy Director.

(5) The Director may, by directions in writing and subject to such terms and
conditions as he thinks fit, delegate to the Deputy Director any of his functions under this
Act.

13. (1) There shall be a Secretary to the Board who shall be appointed by the
Board on such terms and conditions as the Board may determine.

Secretary and other
staff

(2) The Secretary shall be responsible for the administration of the day-to-day
affairs of the Board under the general supervision of the Director.

(3) The Board may appoint, on such terms and conditions as it may determine, such
other staff as it considers necessary for the performance of its functions under this Act.

14. (1) In order to ensure due compliance with the provisions of this Act, the Board
may establish under the general supervision of the Director an inspectorate unit and may
appoint such inspectors to the inspectorate unit as may be necessary for the performance
of its functions under this Act.

Inspectorate unit

(2) Every inspector shall be provided with a certificate of appointment, which shall
be prima facie evidence of the inspector's appointment as such.

(3) Any inspector carrying out any function under this Act shall, on demand by any
person affected thereby, produce for inspection the certificate referred to in subsection (2).

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15. (1) In the performance of his duties under this Act, an inspector shall have- Powers of inspectors

(a) power, at any reasonable time, to enter upon and inspect any premises or
heavy goods vehicle to ensure that the provisions of this Act or any
regulations made under this Act are not being contravened; and

(b) access to all books, records, returns, reports and other documents relating
to any sale of fuel or lubricants.

(2) If an inspector has reasonable grounds for believing that any provision of this Act
or of any regulations made under this Act is being contravened on any premises or by any
person travelling with any heavy goods vehicle, he may order that such premises be
closed down or in the case of a heavy goods vehicle or a person travelling therewith that
the same be seized and detained pending prosecution.

16. (1) No person shall, without the consent in writing given by or on behalf of the
Board, publish or disclose to any person, otherwise than in the course of his duties, the
contents of any document, communication or information whatsoever, which relates to,
and which has come to his knowledge in the course of, his duties under this Act.

Prohibition of
publication or
disclosure of
information to
unauthorised persons

(2) Any person who knowingly contravenes the provisions of subsection (1) shall be
guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twelve
thousand five hundred penalty units or to imprisonment for a term not exceeding three
years, or to both.

(3) If any person having information which to his knowledge has been published or
disclosed in contravention of subsection (1) unlawfully publishes or communicates any
such information to any other person, he shall be liable, upon conviction, to a fine not
exceeding twelve thousand five hundred penalty units or to imprisonment for a term not
exceeding three years, or to both.

(As amended by Act No. 13 of 1994)

PART IV

TOLL CHARGES

17. (1) The Board may, on any road, bridge, pontoon or other place, operate toll
points.

Toll charges

(2) Any vehicle passing through a toll point shall pay the appropriate toll charge as
set out in Part I of the Schedule.

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(3) The Minister may exempt any person or class of vehicles from the payment of
toll charges, and such exemption may be general or restricted to any particular toll points
or hours, and may be on such conditions as the Minister may impose.

(4) Any person who, being liable to pay toll charges, refuses to do so or
unreasonably obstructs the operation of any toll point, or who contravenes any of the
provisions of any regulations made in relation to this Part, shall be guilty of an offence and
shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.

(As amended by Act No. 13 of 1994)

PART V

ENTRY FEES, ETC.

18. (1) Every heavy goods vehicle entering Zambia, if it is registered in any country
other than Zambia or bears dual registration numbers even where one is of Zambia, shall
at the time of such entry pay an entry fee set out in Part II of the Schedule.

Entry fees

(2) The Minister may exempt any person or class of vehicle from the payment of the
entry fees, and such exemption may be on such conditions as the Minister may impose.

(As amended by Act No. 2 of 1988)

19. The person in charge of a heavy goods vehicle to which section eighteen
applies shall, upon entry into and before exit from Zambia, make such declaration as to
fuel or other matters as the Minister may prescribe.

Declaration

20. (1) No person travelling with a heavy goods vehicle to which section eighteen
applies shall, while in Zambia, purchase any fuel or lubricants except in accordance with
the regulations made under this Part by the Minister.

Purchase of fuel and
lubricants by certain
vehicles

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of
an offence and shall be liable, upon conviction, to a fine not exceeding twenty five
thousand penalty units or to imprisonment for a term not exceeding three years, or to
both.

(As amended by Act No. 13 of 1994)

21. Any person who, in contravention of any regulations made under this Part,
supplies any fuel or lubricants to any heavy goods vehicle to which section eighteen
applies, or to any person travelling therewith, shall be guilty of an offence and shall be
liable, upon conviction, to a fine not exceeding twenty five thousand penalty units, or to
imprisonment for a term not exceeding three years, or to both.

(As amended by Act No. 13 of 1994)

Supply of fuel or
lubricants to certain
vehicles

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22. Upon the conviction of an offender under this Part, if the court is satisfied that
the owner of the heavy goods vehicle was a party to the offence, or that the offence was
committed with his knowledge, the court may, in addition to any other sentence, order the
forfeiture of such heavy goods vehicle to the State:

Provided that no forfeiture shall be ordered without first giving the owner an opportunity to
be heard on the issue.

Forfeiture of certain
vehicles

PART VI

FINANCIAL PROVISIONS AND REGULATIONS

23. (1) The funds of the Board shall consist of such moneys as may- Funds of Board

(a) be appropriated by Parliament for the purposes of the Board;

(b) be paid to the Board by way of fees, charges, grants or donations; or

(c) vest in or accrue to the Board.

(2) The Board may-

(a) accept moneys by way of grants or donations from any source in Zambia
and, subject to the approval of the Minister, from any source outside
Zambia; and

(b) subject to the approval of the Minister, raise by way of loans or otherwise,
such moneys as it may require for the performance of its functions.

(3) There shall be paid from the funds of the Board-

(a) the salaries, allowances and loans of the staff of the Board;

(b) such reasonable travelling, transport and subsistence allowances for
members or members of any committee of the Board when engaged on the
business of the Board at such rates as the Minister may determine; and

(c) any other expenses incurred by the Board in the performance of its
functions.

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(4) The Board may invest in such manner as it thinks fit such of its funds as it does
not immediately require for the performance of its functions.

(5) The Minister may, from time to time, direct the Board to pay, for such purposes
related to the maintenance of roads, such portion of its surplus funds as the Minister shall
determine.

24. (1) The Board shall maintain such accounts with the Bank of Zambia as may be
necessary to keep separate its funds denominated in kwacha from those denominated in
other currencies.

Bank accounts

(2) The Board shall deposit all receipts into the appropriate accounts maintained
under subsection (1); and all payments shall be made therefrom by means of cheques
drawn in accordance with procedures approved by the Board.

(3) The Board may, with the approval of the Minister, transfer funds from any of its
accounts to another, as necessary.

25. The Board shall cause to be kept proper books of accounts and other records
relating to its accounts.

Accounts

26. The financial year of the Board shall be the period of twelve months ending on
the 31st December in each year.

Financial year

27. (1) As soon as practicable, but not later than six months after the expiry of each
financial year, the Board shall submit to the Minister a report concerning its activities
during such financial year.

Annual report

(2) The report referred to in subsection (1) shall include information on the financial
affairs of the Board and there shall be appended thereto-

(a) a balance sheet;

(b) an audited statement of income and expenditure; and

(c) such other information as the Minister may require.

(3) The Minister shall, not later than seven days after the first sitting of the National
Assembly next after the receipt of the report referred to in subsection (1), lay it before the
National Assembly.

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28. The Minister may, by statutory instrument, make regulations- Regulations

(a) prescribing the matters required or permitted by this Act to be prescribed;
and

(b) for the better carrying out of the purposes of this Act.

SCHEDULE

(Sections 17 and 18)

PART I

TOLL CHARGES

Regardless of the distance travelled between two toll points the toll charge for each vehicle shall be:
Passenger Cars . . . . . . . . . . 3 fee units
Taxis . . . . . . . . . . . . 3 fee units
Mini Buses (Private). .. . . . . . . . . . 6 fee units
Mini Buses (Public) . . . . . . . . . . 5 fee units
Heavy Buses (Private). . . . . . . . . . 8 fee units
Heavy Lorries with two axles . . . . . . 8 fee units
Heavy Lorries with three axles. . . . . . . . 10 fee units
Heavy Lorries with traile . . . . . . . . 15 fee units

PART II

ENTRY FEES

The entry fee shall be-

(a) US $60.00 or such other entry fee as the Minister may be statutory instrument prescribe or

(b) such entry fee as the Minister may by statutory instrument prescribe in the case of heavy goods vehicles in
transit through Zambia to another country.

The entry fee shall be paid in US dollars or the equivalent in any convertible currency prescribed by the Minister by
statutory instrument.

Notwithstanding anything in this Part, the fee payable shall not, in any case, be less than the amount payable in the
country in which the vehicle is registered, in respect of a heavy goods vehicle registered in Zambia and similar to the
vehicle in respect of which the entry fee is under this Act.

(As amended by Acts No. 2 of 1988 and No. 13 of 1994)

SUBSIDIARY LEGISLATION

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SECTION 28-THE TOLLS (ENTRY FEES, ETC.) REGULATIONS Statutory Instrument
129 of 1983
44 of 1988
75 of 1992

1. These Regulations may be cited as the Tolls (Entry Fees, etc.) Regulations. Title

2. (1) The entry fee for heavy goods vehicles as provided for in section eighteen of
the Act-

Purchase of fuel and
lubricants

(a) for vehicles registered outside Zambia without a valid PTA licence issued in
a country where the carrier is resident or established, shall be one hundred
and twenty United States dollars or the equivalent of such other currency as
the Minister may prescribe;

(b) for vehicles registered outside Zambia with a valid PTA licence issued in a
country where the carrier, shall be such fees as are according to the class
of heavy vehicle set out in the Schedule payable in United States dollars or
such other currency as the Minister may prescribe;

(c) for vehicles registered in Zambia shall be such fees as are according to the
class of heavy vehicle as are set out in the Shedule payable in kwacha at
the rate of one hundred and twenty-five kwacha per United States dollar;

(3) The Board may, by notice in the Gazette, notify the procedures for making
payments under these Regulations.

3. (1) No person to whom section twenty of the Act applies shall purchase any fuel
or lubricants otherwise than in accordance with this regulation.

(2) A person to whom section twenty of the Act applies shall-

(a) purchase fuel or lubricants only from an appointed dealer;

(b) make payments for such fuel or lubricants in a prescribed currency in
accordance with regulation 2.

(3) The price of any fuel or lubricants sold under this regulation shall not differ from
the price ordinarily paid by customers to whom this regulation does not apply:

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Provided that if the Government has allowed any particular subsidy or rebate to any
class of users in Zambia (e.g. for agricultural use) then the benefit of such subsidy or
rebate shall not be available to a purchaser to whom this regulation applies.

(4) Where the Board is satisfied that due to circumstances beyond the control of the
person to whom this regulation applies, a heavy goods vehicle was stranded for want of
fuel or lubricants and to mobilise such heavy goods vehicle and enable it to reach the
nearest appointed dealer such person purchased a reasonable amount of fuel or
lubricants in contravention of this regulation, and that the matter was brought to the
attention of the Board or the nearest appointed dealer as soon as practicable, the Board
shall issue a certificate in that behalf, and such certificate shall be deemed, in respect of
such purchase, to have exempted such person, and any person who sold such fuel or
lubricant, from the application of this regulation.

(5) For the purposes of this regulation, "appointed dealer" means a dealer in fuel or
lubricants who has been appointed by the Board for the purposes of these Regulations
and whose appointment, name and address have been notified in the Gazette.

SCHEDULE

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(Regulation 2)

Rigid Vehicle
Distance in with up to 3 Vehicle with
Route kilometres Axles Multiple Axles

US$ US$

1. CHIRUNDU-KAFUE 90 3.00 8.00

2. CHIRUNDU-LUSAKA 136 4.00 11.00

3. KAZUNGULA-SESHEKE 136 4.00 11.00

4. KAZUNGULA-LIVINGSTONE 60 2.00 5.00

5. SESHEKE-LIVINGSTONE 190 6.00 15.00

6. KAZUNGULA-MONGU 440 13.00 35.00

7. LIVINGSTONE-KALOMO 126 4.00 10.00

8. LIVINGSTONE-CHOMA 188 6.00 15.00

9. LIVINGSTONE-MONZE 250 8.00 20.00

10. LIVINGSTONE-MAZABUKA 350 11.00 28.00

11. LIVINGSTONE-KAFUE 430 13.00 34.00

12. LIVINGSTONE-LUSAKA 470 14.00 38.00

13. CHIRUNDU-KABWE 270 8.00 22.00

14. LUSAKA-KABWE 138 4.00 11.00

15. LUSAKA-KAPIRI MPOSHI 200 6.00 16.00

16. LUSAKA-NDOLA 320 10.00 26.00

17. LUSAKA-KITWE 358 11.00 29.00

18. LUSAKA-LUANSHYA 330 10.00 26.00

19. LUSAKA-MUFULIRA 400 12.00 32.00

20. LUSAKA-CHINGOLA 410 12.00 33.00

21. CHIRUNDU-KASUMBALESA 578 17.00 46.00

22. CHIRUNDU-MWAMI 745 22.00 60.00

23. CHIRUNDU-NAKONDE 1150 35.00 92.00

24. LUSAKA-KASAMA 852 26.00 68.00

25. LUSAKA-MBALA 1015 30.00 81.00

26. LUSAKA-MANSA 590 18.00 47.00

27. KASUMBALESA-NAKONDE 1014 30.00 81.00

28. KASUMBALESA-MWAMI 1035 31.00 83.00

29. NDOLA-LUANSHYA 32 1.00 3.00

30. NDOLA-CHINGOLA 110 3.00 9.00

31. NDOLA-MONGU 800 24.00 64.00

32. NDOLA-MPULUNGU 960 29.00 77.00

33. LUSAKA-LUNDAZI 780 23.00 62.00

34. LUSAKA-MPULUNGU 1050 32.00 84.00

35. CHIPATA-MPULUNGU 1657 50.00 133.00

36. VICTORIA FALLS-LUSAKA 480 14.00 38.00

37. VICTORIA FALLS-SESHEKE 200 6.00 16.00

38. KABWE-NAKONDE 878 26.00 70.00

39. KABWE-MWAMI 740 22.00 59.00

40. KITWE-CHIRUNDU 495 15.00 40.00

41. MUFULIRA-KAZUNGULA 818 25.00 65.00

42. MUFULIRA-CHIRUNDU 520 16.00 42.00

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