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It is consternating that the controversy arising from the implementation of the East African Community Vehicle Load Control Act of 2016 is burgeoning out of proportion in Tanzania.
Among other provisions, the legislation sets maximum limits for road vehicle axle loads, as well as weight of the vehicles themselves.
In the event, vehicles with a gross minimum weight of 3,500 kilogrammes must go through road weighbridge stations that are dotted all over the region’s trunk roads.
Operators of load-carrying vehicles which contravene the load control statute become liable to the stipulated maximum fine of $15,000 or a three-year term in jail – or to both the fine and imprisonment.
There are other statutory stipulations which must also be complied with to avoid the penalties. Among them is the transportation of ‘abnormal’ loads that can only be conveyed on public roads with prior written permission and other conditions/terms issued by the relevant authorities.
‘Abnormal loads’ include – but are not limited to – ‘awkward loads, hazardous loads, super loads and unstable loads.’
The East African Community Vehicle Load Control Act has been formally adopted by five of the six EAC member nations of Kenya, Uganda, Rwanda, South Sudan and Tanzania, where it takes precedence over domestic laws on the subject-matter. Burundi is the lone exception to that law, so to speak.
Pros and cons of the new legislation
Effective implementation of the legislation by the relevant authorities in the five EAC member nations is intended to protect and preserve trunk roads in the enforcing countries. It is generally considered that overloads are not friendly to the kind of roads that are standard in the East African region.
Arguably, effective compliance with the provisions of the law is also projected to reduce the number and gravity of road motor vehicle accidents in those nations.
In Tanzania alone, WHO data published in 2017 showed that deaths from road traffic accidents reached 17,840: 4.78 per cent of total deaths: the 9th highest rate worldwide.
Since the loads legislation was adopted by Tanzania on January 1, 2019, more than 3,000 lorries have been intercepted at various weighbridges for contravening the regional legislation.
In all fairness – and without an iota of prejudice – we urge that implementation of this particular legislation be revisited to accommodate the interests of all the stakeholders – but always putting the national interests up-front.
Road transporters believe that enforcing the law as it is will adversely impact Tanzania’s port and logistics operations, drastically reducing revenues. This is especially considering that Tanzania’s seaports and roadways serve half-a-dozen landlocked countries in import/export trade. They argue that the gross weight stipulated in the law puts Tanzania at a disadvantaged with the Southern African Develoment Community (Sadc).
They advise the government to prioritise Sadc because up to 70 per cent of cargo passing through Dar es Salaam port is destined for DRC, Malawi, Zambia, Malawi and partly Zimbabwe.
To avoid unintended consequences, the stakeholders propose staying implementation of the law for two years while they adapt their operations and equipment to match with the new law.
In that regard, we urge the government to sincerely work on the proposal, rather than adamantly stick to its guns when everything else is collapsing around us.
Source The citizen
Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of TradeMark Africa.