Unauthorized Parking and Access

To
The Concessionaire,
Subject: Unauthorized vehicle parking and illegal access to the project highway—Reg.
Dear sir,

During the site inspection, we found illegal parking of heavy trucks. The parking is between the soft shoulder and adjacent land at km. xx to km. xx on the left carriageway. This unauthorized truck parking might harm the highway due to the vehicle’s weight.

Also the establishment of an unauthorized truck terminal at this location. This establishment of a truck terminal without the authority’s approval.

Safety Concerns about Unauthorized Parking and Access on Highways 

In these conditions, at these locations, two-wheelers suffer from skidding, leading to accidents. Particularly at night, it becomes an unsafe and perilous situation.

Illegal parking evidence (in the form of photos) is attached herewith for your records.

We see this as a consequence of poor incident management and highway patrol.

Contractual Provisions for Unauthorized Parking and Highway Access:

According to clause 4.11.1 of Schedule L of the CA, it is that

• The concessionaire must maintain the project highway, highway facilities, and highway assets in working and orderly condition. At all times during the concession period or any extension thereof.
• The concessionaire will only be responsible for the initial response to any specific incident on the project highway until the competent authority assumes control.
• This responsibility also includes the prompt removal of vehicles, debris, or any other obstruction that may endanger or interrupt the smooth flow of traffic.

The concession agreement stipulates Clause 2.5.2 in Schedule S.

• The purpose of highway patrol is to ensure the following:
• To maintain a safe, uninterrupted, and smooth flow of highway traffic.
• No vehicle may park on any of the divided carriageways at any time.
• Clause 18.8.2 of the CA provides immediate help to accident victims and their rescue.
• Within an hour, the carriageway is clear of minor debris and stalled vehicles.
• Must take adequate measures to mitigate traffic congestion.
• If any traffic congestion takes place, clear it within a maximum of one hour. And it is appropriate to warn oncoming traffic about this.

It is hereby instructed that you, in a strict manner, adhere to the concession agreement’s provisions. We suggest an increase in highway patrol activity and a fix for unauthorized parking on the project highway at the earliest.

It is also asking you to repair the shoulder from km. XX to km. XX and submit your compliance report as soon as possible.

You may request assistance from the local administration for unauthorized parking and access. If necessary, subject to the following O&M obligations of the concessionaire:

• Preventing, with the help of concerned law enforcement agencies, any unauthorized use of Project Highway.
• Preventing, with the help of the concerned law enforcement agencies, any encroachments on the project highway, including the site;

Moreover, the independent engineer’s routine inspections reveal that vehicles frequently load goods onto them by parking on the earthen shoulder at km XX. We have also observed frequent and continuous parking in the bus bay.

For your records, we have enclosed photos of the parking and goods loading at these locations.

Conclusion

You are instructed to regulate these conditions by enforcing the necessary preventive measures. And persist in monitoring and protecting the highway through patrolling operations to prevent the recurrence of such actions within the right-of-way (ROW). In addition, the location necessitates the placement of no parking and no standing signs as regulatory measures. The project site will strictly implement the same measures.

Thank you while ensuring our best services.

[Yours ,]

[Insert the name of the authorized person].

To

The Concessionaire,

Subject: Listing unauthorized access to the project corridor with a description and location. And drawing up a method statement and program for their removal—Reg.

Dear sir,

It is that several vendors, builders, and private property owners abutting the project highway are accessing the highway without permission. These access points do not comply with the guidelines outlined in IRC 12. And I do not have approved access permission from the Highway Authority.

Due to unauthorized access, there is a sudden and unexpected rush of traffic into the carriageway. Additionally, these traffic patterns are perpendicular to the direction of the highway. That results in haphazard traffic and vulnerable conditions.

According to Clause 4.8.2 of Schedule-L of the CA, the concessionaire shall be required to determine all encroachments and unauthorized accesses to the highway from the date of commencement of the O&M period.

And I shall list the encroachments with a description, location, and extent of each encroachment. Also, draw up a method statement and program for the removal of the accesses or encroachments for approval by the client within 3 months of the commencement of the O&M period. The concessionaire must remove all encroachments and close any unauthorized accesses.

This notice and instruction pertain to Clause 4.8.2 of Schedule L of Concession. Please provide a list of all unauthorized encroachments and illegal access points to the project corridor. The listed data describes their locations. Additionally, develop a method statement and program for their removal. Please complete this task as soon as possible, ideally within the next 15 days.

Thank you while ensuring our best services.

[Yours ,]

[Insert the name of the authorized person].

To

The Concessionaire,

Subject: Non-maintenance of acceleration and deceleration lanes—Reg.

Dear sir,

As a result, the Highway Authority approves the opening of a fuel station at Km. XX+000 LHS.

But the site does not follow highway guidelines (IRC: 12). The fuel station operator has not developed acceleration and deceleration lanes. And it doesn’t align with highway guidelines. As a result, paved shoulders in the rainy season become muddy and soiled. This causes two-wheelers to skid, making the location hazardous for road users.

Please take the necessary steps, consulting with the Highway Authority, to implement the Highway/IRC guidelines for petrol pump operation.

Thank you for ensuring our best services.

[Yours,]

[Insert the name of the authorized person].

The Concessionaire,

Subject: Reporting requirements of concessionaires to control unauthorized occupation of land and unauthorized access—RRegulation

Dear sir,

The following is information and necessary actions. Every month, furnish a report with detailed information, including:

1. Unauthorized occupation of highway land,
2. Records of a removed unauthorized occupation,
3. Removal of unauthorized accesses,
4. And records of unauthorized reoccupation or access.
5. Unauthorized access (fuel stations or private properties) on highway land.
6. Register to keep track of the removal of unauthorized access (to fuel stations or private properties) on highway land.
7. The concessionaire’s monthly maintenance report pertains to reoccupation or access to highway land.
8. Keep a record of removal, reoccupation, or access to highway land.

Please include the necessary information in the monthly progress report using the formats mentioned above. Please ensure strict compliance and timely submission of records.

Thank you while ensuring our best services.

[Insert the name of the authorized person].