Following the publication of a Satutory Instrument which introduces new requirements for vehicles on Zimbabwe’s road, we published the below and asked our subscribers for feedback.

Road Traffic (Construction, Equipment And Use) Regulations Act. Statutory Instrument (S.I. 154 Of 2010)

Effective 1st December 2010 new minimum requirements for all motor vehicles have been promulgated, as follows: -

Special visual warning device: all motor vehicles (Breakdown triangles)

52. (1) No person shall drive a motor vehicle on a road unless two warning devices complying with the requirements of this section are carried in that vehicle:

Provided that, if the motor vehicle is drawing one or more trailers, two additional warning devices shall be carried in respect of each such trailer.

(The regulation then describes the type of reflective triangles required, their specifications, storage and their positioning on the road in the event of a breakdown.)

Spare wheel, tools and fire extinguisher: all vehicles

53. (1) No person shall drive a motor vehicle, other than a motor cycle, on any road unless the vehicle is equipped with -

(a) A serviceable spare wheel; and
(b) An efficient jack; and
(c) A wheel-brace or wheel-spanner capable of undoing the vehicle’s wheel-nuts; and
(d) In the case of a light motor vehicle, a serviceable fire extinguisher of a size commercially known as zero comma seven five kilograms

(The rest of Section 53 describes similar requirements for heavy vehicles and the Standards Association requirements of the fire extinguishers.)

Kubatana’s pause for thought:

a) Road safety in Zimbabwe needs a broader solution. For example, street lighting, potholes, signage, and traffic lights need to be fixed. The police force needs to be out on the roads monitoring and fining poor driving. Unroadworthy vehicles need to be made safer. Perhaps revenue from diamond sales and tollgates could actually benefit and enhance the lives of Zimbabwean citizens through improving the general safety of the roads.

b) The Government make up a large number of vehicles on Zimbabwean roads in the form of public service vehicles like ambulances, prison vehicles, police cars, municipal vehicles, and army trucks. Will these vehicles adhere to the regulations that the general public is required to? Silly question right?

c) How many vehicles are on the road in Zimbabwe? Can the manufacturing industry supply the items that every car is required to have by 1 December 2010? Clearly not – so what do people do when the police fine them for not having these items?

d) Wording like “efficient” and “serviceable” are subjective. At a police roadblock how will the “efficiency” of a jack be determined?

e) The Zimbabwean authorities are surely aware that the majority of citizens in Zimbabwe are either unemployed or underpaid and whilst vehicles need to be roadworthy and our roads need to become safer, many members of the public do not have the spare cash to purchase items like fire extinguishers.

f) One has to wonder whether this is just another way for the Government to acquire funds from the public – is it really their business if you have a spare wheel in your car?

Here is some of the feedback we received. What do you think? Leave your comment on this issue below.

Hey guys, this is the statutory instrument which is going to change things starting March 2010, I have a worry that if Zimbabweans will no longer in a position to import these cheap vehicles and resort to commuting, is the government going to provide the means. I know public transport provided by our Government has seen ages of failing through corruption and mismanagement. Isn’t it regressive, that when Citizens can now afford cheap means to travel around the government tend to restrict the progress. Zimbabwe has 2 companies which assemble vehicles and the vehicles are so expensive, where on earth can a Zimbabwean get USD$18 000.00 to buy a Mazda BT50,and even those vehicles which are less than 5 years are so expensive ,they cost close to new ones. Very few people in Zimbabwe in Zimbabwe could afford vehicles apart from those with good salaries and possibly with profitable organizations.

We might look at the other angle, credit facilities in Zimbabwe are not yet available to an extent that it is affordable. If there is a credit facility, it is normally granted to those with either title deeds or some collateral of some sort. I thought Government could wait until the economic environment is stable and Citizens can afford. It’s now almost 2 years we started paying toll fees and the speed of Tollgates construction and road construction is yet to be significant.  How can a Government be mini to its citizens like this and yet they allow the imports of Chinese goods which do not last, ranging from clothing, plastic shoes and after market machinery and equipment.  Today if you are to travel to some other rural places, there might be only 2 buses which go there, and only 2 times a week.  I can see Zimbabweans going back to walking long distances to a bus stop.  I think government did not a good research on this, I thought it was getting a lot of money from duty they have been charging.

- ZM

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Good analysis in Kubatana’s pause for thought.

My first reaction was: providing an opportunity for extra pocket money for many police officers – all officers will want to go for the roadblock/ road patrol duty; and…

Wording like “efficient” and “serviceable” are subjective. At a police roadblock how will the “efficiency” of a jack be determined? … will depend on officer’s pocket requirements…

- MT

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The Statuatory Instrument 154 which refines traffic regulations is a blessing in disguise for the police force. Imagine, the breakdown triangles (you need 2 per vehicle) need to have serial numbers, name of the manufacturer, year of manufacture and must conform to SAZ standards. Fortunately, it does not need an expiry date!

This is happy days indeed for the cash strapped police at road blocks.

May I propose some more regulations:

You need to produce a doctor’s prescription in case you carry pills and other types of Mushonga.

Drivers with spectacles or eye lenses are allowed, but you need to carry a prescription from your optometrist who has to be registered and paid up member of the Association of Optometrists of Zimbabwe.

Furthermore, do not wear shoes of the wrong size, the correct size can be obtained from the shoe officer at your local SAZ office.

It is forbidden to carry used condoms, and unused condoms must have a stamped serial number, a date of expiry, a letter of consent from your wife to use it and the name and ID of the intended recipient.

Ashtrays have to be empty all the time.

You need to carry at least 50 ml of washing liquid of which the quality must adhere to CAZ norms. This is to clean your windows.

All vehicles need to carry waste bags, one for each passenger.

In case a vehicle carries a baby under 9 months, the driver has to wear earplugs, the size of which must be within the norms as specified by the Health Council of Zimbabwe.

Music may be played during driving, but pirated recordings are not allowed, check with the Arts Council of Zimbabwe.

Traffic safety concerns us all, it is therefore obligatory to report every pothole, every non-working robot, and every non-working streetlight to the nearest police station, failure to do so will result in your vehicle being impounded and a maximum jail sentence for the driver of one weekend. In case of a custodian sentence your relatives may retrieve the working jack and a maximum of two breakdown triangles from the vehicle.

- GJ

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Thanks for the news and the comments. I would like to find out who really comes up with these (sometimes crazy) regulations. Second hand vehicle ban, curfew on beer sales after seven and now the vehicle requirements. Maybe you can help me understand it as it`s becoming like cramming for an exam

- KM

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I support this regulation because it is one way for providing safety to people. I drive every week to Gweru from Harare  and oftenly find breakdown cars on the road without any   warning signal  and at times, tree branches, stones or empty containers are placed on the road. This is risking other people’ lives. Furthermore, I watched a guy trying to put off fire on his car by pouring sand on it. This is unsafe and the guy lost the car. He could have minimised the damage to his car if he had a fire-extiquisher. Truely travelling without a spare wheel compromise the safety of individuals, one ends up sleeping on the road or can be attacked by thieves and robbers.

However, we are aware that gvt vehicles will not adhere to these regulations and we will need to put pressure on the govt to comply. We only live once

- ZM

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Yes, we do appreciate the efforts by the government to solve some of the problems like safety standards on motor vehicles, however, should not be done at the expense of the general public  who are already suffering

- WM

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It is our expectations that time to time government comes up with measures to ensure road accidents are reduced drastically. Everyone agrees with that but:

The whole approach is not being holistic when it comes to the real problems on the ground.

1. Right now our vehicle tyres are being worn out or damaged by unrepaired trenches that are being made acroos many roads in Harare. The people or who ever the company digs those trenches and put their cables and only cover the trench will soil. Right now a trench at the intersection of Charter and Chinhoyi has been like that for more than three weeks.There is another one dug just last week along the same charter road as you drive towards the fly over.Many like trenches like that are common feature in Harare’s roads and no one seems to care.Who will compensate for all damages to our vehicles or even accidents that may occur due to such trenches? The vehicles are becoming unroadworthy because of these bad roads.

2. Pot holes are all over.If you drive along Seke road from Coca Cola then you wonder if we have authorities responsible for ensuring that tsuch roads are repaired to avoid accidents and damages to vehicles.Just adjascent to Seke Road is airport road.You would think you are in a different country when you drive along airport road.No potholes.well surfaced and I have seen that the road is even being widened.Ok

3. A lot of people are allegedly obtaining drivers licences over the counter like bread .Very young people are driving commuter omnibuses without drivers licences everyday passing through road blocks.Commuter omnibus drivers are just a menace in our roads as they are reckless,just drive in any lane,stop at any point,does not even care others are using the roads and putting the lives of many into serious risk.Wht has so far been done to the problem-nothing

4. Drive along our major highways and you will discover tall grass growing and uncut for years which makes clear vission impossible.

I think we are not going to solve our probles.Just recently there were regulations that drivers are tested by CMED before real road test and that has since been abandoned.Why did the initiative fail to reduce road carnage.What we are proposing is no different to measures once implemented with CMED testing leanerr drivers.

I think we are not serious at all.

- GG

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Road safety in Zimbabwe needs a broader solution. For example, street lighting, potholes, signage, and traffic lights need to be fixed. The police force needs to be out on the roads monitoring and fining poor driving. Unroadworthy vehicles need to be made safer. Perhaps revenue from diamond sales and tollgates could actually benefit and enhance the lives of Zimbabwean citizens through improving the general safety of the roads. Yes while this is true but at least we should start somewhere and I think this is a noble idea by the government. Let us, the motorists do our part and then vigorously push the government to meet its side of the bargain as well. This is the beginning and I believe, we in Zimbabwe have amassed a lot of hatred for the government to such an extent that we know longer believe that there is something we can do for ourselves. There is a limit to what the governemnt can do for its people, but there is no limit to what the people can do for themselves.

b) The Government make up a large number of vehicles on Zimbabwean roads in the form of public service vehicles like ambulances, prison vehicles, police cars, municipal vehicles, and army trucks. Will these vehicles adhere to the regulations that the general public is required to? Silly question right? – Let us the common people comply, and it is us the common people who use those government vehicles, so once your personal car is complying, move on and tell your employer that I am not going to work with this car because it is not complying with traffic regulations!Thats where we can start to force them to adhere to the rules, this we can equate to democratic resistance!It pays.Civil society need to rise up and be the police of whatever the government promulgates

c) How many vehicles are on the road in Zimbabwe? Can the manufacturing industry supply the items that every car is required to have by 1 December 2010? Clearly not – so what do people do when the police fine them for not having these items? – Here I tend to agree with you, that the timing is a bit too close for motorists to put their house in order. December 1 is just around the corner, even if every motorist was going to send in their cars for everything, there is no industrial capacity for that in Zimbabwe at the moment.  But I am again at pains to understand why one can move with a car that does not have a Spare wheel, a jack or a red triangle?I still can not understand this. These are requirements on any car and anyone buying a car in Zimbabwe should refuse that car if its coming without a jack, a spare wheel or a red triangle. These are the basis of what is called a car. These things are not for the police but for your own safety, its just like a stupid person who rushes to fasten a seatbelt on seeing a police road block. I for one does not drive a car with a passenger not putting his/her seatbelt. And its very easy once you make it a habit, for yourself, for the whole family. If my little 3 year old daughter can immediately fasten a seatbelt on getting into the car, why can’t grown ups do that. Its these little things that led to the collapse of the country.People should learn from the past, never to buy fuel from a chigubhu, never to change money on the black market and more importantly NEVER pay a bribe.Let him write the ticket and the money goes to the government.Its better that way!

d) Wording like “efficient” and “serviceable” are subjective. At a police roadblock how will the “efficiency” of a jack be determined? – This is the main problem of the regulation. And this reflects the main undoing of the Zimbabwean populace.From the GPA’s “in consultation with the Prime Minister” on major appointments to the the Electoral Act’s “reasonably satisfied”. We should be more to the point and leave no room for the officer’s discretion.

e) The Zimbabwean authorities are surely aware that the majority of citizens in Zimbabwe are either unemployed or underpaid and whilst vehicles need to be roadworthy and our roads need to become safer, many members of the public do not have the spare cash to purchase items like fire extinguishers. – This is not an excuse at ALL! So does this legitimise stealing, robbing etc because of poverty?Poverty has never been an excuse for legitimising illegitimate things.So we allow people to perish in the roads because someone does not have spare cash to purchase items like fire extinguishers?If that was the case, do you think poor countries like Mozambique could continue running and maintaining their Fire fighting engines, fire-brigades and firemen because they don’t have spare cash. A law should be a law, irregardless of one’s financial position. If one can not afford to meet the requirements of owning a car please sell it and let those who can meet them purchase the car.Infact Zimbabwe is not as strict when it comes to cars-all cars including private vehicles should go for yearly certifying for roadworthiness and any that does not meet the minimum should be denied a certificate of roadworthiness. Only after the owner has rectified all the problems and have it tested again only then can they be issued with a certificate of roadworthiness. Anyone who drives a car without a certificate of roadworthiness should either be jailed or the car forfeited to the state.

f) One has to wonder whether this is just another way for the Government to acquire funds from the public – is it really their business if you have a spare wheel in your car? – Why would anyone drive a car without a spare wheel?To whose disadvantage is it? And to whose inconvinience is it? Those are the cars that block roads causing accidents because someone has gone to start looking for some money to buy another tyre. People should budget for their cars and not just want to drive without the necessary parts for their cars at the same time endangering other motorists. My ONLY challenge with this law is only selective application of the law, otherwise the law itself is okay. Just like the ban on 5 year old Japanese vehicles, and the ban on LHD vehicles. I support these laws and they are being promulgated to make our country a better place to live. Asina mari ngaafambe nemaKombi vane mari votenga mota svinu!Infact the government should say a brand new car does not pay duty, marata ekuJapan ayo voaisa kana pa500% duty chaiko!

- JK

This entry was posted on October 21st, 2010 at 11:34 am by Amanda Atwood and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.