SPECIAL REPORT : Why traffic laws need overhaul to reduce road accidents

The wreckage of the Simba Mtoto Bus at Pangamlima Village in Muheza District in Tanga Region after an accident that left 11 people dead in February 2016.

PHOTO|FILE

What you need to know:

  • Mr Bantu believes that accidents are unavoidable once they have already happened.
  • “But before that, it all depends on what we do on the road and to our vehicles which determines if an accident is going to happen or not. This means that if we act accordingly, there is great chance of preventing accidents from happening,” he says told a group of MPs in Dodoma recently.

Dar es Salaam. There is a saying that accidents don’t just happen, they are caused. Mr Henry Bantu, a member of the National Road safety Committee, has something to add to this. He quashes another Swahili saying that accidents are unavoidable.

Mr Bantu believes that accidents are unavoidable once they have already happened.

“But before that, it all depends on what we do on the road and to our vehicles which determines if an accident is going to happen or not. This means that if we act accordingly, there is great chance of preventing accidents from happening,” he says told a group of MPs in Dodoma recently.

Like many road safety campaigners, Mr Bantu believes that it is human behaviour which is greatly to blame for the accidents which have caused a lot of suffering to individuals and the nation as a whole.

So it is not amazing that he has joined a group of civil society organisations (CSOs), which have teamed up with the government, to make major changes in legal mechanisms to make Tanzania roads safe.

A coalition of CSOs, under the leadership of the Tanzania Women Lawyers Association (Tawla), says it has persuaded the government to amend road laws.

Tawla says after providing evidence, the Ministry of Home Affairs seems to have finally agreed that the laws need change.

Assistant Superintendent of Police (ASP) Deus Sokoni told MPs that many drivers responsible for accidents which killed many people were getting light sentences.

He noted for instance that a driver who caused accident involving Majinja bus that killed close to 50 people was handed a community service sentence.

The accident occurred on March 11, 2015 at Changarawe in Mufindi District, Iringa Region. Some 22 people were injured.

“For those who are not familiar, community service sentence means that the offender can be required to sweep the District Commissioner’s office for days and them he is set free after completing the sentence. But this is the man who caused deaths of more than 30 people and destruction of properties worth millions of shillings,” he says.

ASP Sokoni says there are many such incidents including an accident which occurred on April 12, 2015 along Iyovi mountain ranges in Morogoro, causing deaths of 18 people. The accident involved Nganga Express bus and a Fuso lorry.

ASP Sokoni says further that on April 9, 2015, three vehicles; two buses and a Toyota Passo were involved in an accident along Tanga – Mkata road, causing 10 deaths and injuring 12 people.

“This chain of accidents is what alerted us [Police Force]. We realised that something drastic should be done if these accidents were to put to an end. That is why, when approached, we joined this group of CSOs and the government in a move to change laws governing road safety in the country,” he says.

Great impact on society

In addition to causing deaths, injuries and destruction of properties, road accidents also have great impacts on transportation, economy and social sectors.

Deaths and injuries from road accidents leave many families desperate. On many occasions, it is the bread winner who leaves behind a family which can hardly fend for itself.

“That is why Tamwa [Tanzania Media Women Association] joined this bandwagon,” says Ms Gladness Munuo, a Tamwa programme officer who oversee the road safety project.

In her presentation before MPs, Ms Munuo notes that many families have been left destitute because of road carnages.

“Recently we met a young man who used to be a bodaboda rider who has been deserted by his wife after he was amputated following a road accident. He is now jobless and can hardly walk on his own,” she says.

On the other hand, government is forced to increase its health budget to treat victims of road accidents. And with introduction of motorcycles as means of public transport, the situation has been getting bad as the machines have become the leading cause of accidents deaths and injuries.

Accidents are not a menace in Tanzania alone. According to Ms Mary Richard from Tawla, road accidents are among top killers.

“In fact, road accidents kill more people than malaria in the world,” she says. Elaborating, Ms Richard notes that while malaria kills fewer than 800,000 people in the world annually while road accidents cause 1.25 million deaths, statistics by the World Health Organisation (WHO) indicate.

Predictions show that if something tangible to address deteriorating road safety is not done, the number of people who die in road accidents and those who are injured will keep on increasing. WHO notes that studies conducted in 2015 put road accidents as number nine among the top ten killers in the world. But, if nothing is done, in the future road accidents might go higher up on the top ten killing list.

Road accidents are already number one killer of people aged between 15 and 29. Unfortunately, this is the age bracket which makes up bulk of workforce in any country.

According to Ms Richard, the situation is worse in the sub-Saharan Africa due to an increase of motor vehicles and diminishing standards of infrastructure, mainly roads.

“Road safety is across-cutting issue. To address it we need concerted efforts from various stakeholders. This is because road accidents have become a greater threat than malaria,” she says.

Ms Richard says these efforts should go beyond looking at laws only.

“I know and I agree with those who say that changing law alone is not enough. But, there is evidence that law will help to improve road safety by shaping the minds of people who use the roads, mainly drivers,” she says.

Ms Richard points out that studies conducted by WHO have established that behaviour of road users, safety of the motor vehicles and other machines, safe roads and post-accident services and care were the main factors which contribute to calamities through road accidents.

“For instance, facts show that driving while under influence of alcohol increases the chance of causing accident. Unfortunately, our law is not strict on this,” says Ms Richard.

She notes that while under international rules allowable amount of alcohol on drivers’ blood system in 0.5g/dl, local laws permits amount of 0.8g/dl.

“This means that our laws should be changed to reflect the international standards.”

Other shortcomings

According to Ms Richard, how roads are used is another factor which contributes to road accidents. While other countries have specialised roads for specific users, our roads are supposed to be used and serve different users.

“Just imagine the chaos we are going through on our roads which are used by private cars, public transport vehicles, bicycles, motorcycles, tricycles, carts and pedestrians to name but a few,” she points out. On seat belts, Ms Richard notes that local laws says for instance in private cars, only the driver and passenger sitting in front of the car should wear seat belts.

“But studies show that in case of accident the passenger sitting behind the vehicle is also affected. Therefore, our laws should be amended to address this,” she says.

Furthermore, the Road Traffic Act does not compel passengers in public transport to fasten their seat belts. But, the Sumatra law requires that all passenger vehicles be fitted with seat belts in each seat and passengers are compelled to put them on while travelling.

“This means that we need to harmonise these two laws,” she suggests.

But the main problem is on the use of helmets among motorcycle users. First, the law does not necessitate the passenger in a motorcycle to put on a helmet. Second, the quality of the helmets used is also questionable.

Special Seats MP Suzan Lyimo notes, for instance, that many of the helmets in market do not fit women who have different ways of making their hair.

“I think there is a need to import helmets which conform to our conditions.”

Putting on helmets is crucial as studies show that there is a 40 percent chance of reducing death risk to a person who has put on a helmet in case of accident.

ASP Sokoni insists on the need of helmets basing on the data of accidents which have been recorded last year. According to him, motorcycles have turned out to be, not only the major cause of accidents, but also the leading source of deaths in road mishaps.

Police data shows that in 2016, motorcycles accounted for more than quarter of all road accidents and resulting deaths in the country. Out of total 9,856 accidents, 2,544 involved motorcycles. Out of 3,256 deaths from accidents, 890 were caused by accidents.

ASP Sokoni told the MPs that a decision to allow motorcycles and seven-seater minivans to be used for public transport was taken politically. He noted that expert researches established motorcycles and seven-seater minivans were not fit for public transport.

“But, against the expert opinion, politicians went ahead and sanctioned the same for public transport. As a result we are today suffering… there are accidents involving a Noah which killed nearly 20 people and one cannot help but wonder how such a small car can accommodate all those passengers,” he says.

Dangers of speeding

In many instances, speeding is quoted as the main cause of accidents. Unfortunately, laws regulating speeding in the country are not coherent. For instance, only public transport vehicles speeds are governed on highways. The laws state that on highway, a public service vehicle should not exceed 80 kilometres an hour while on residential areas speed limit is 50 kilometres an hour.

On the other hand, private vehicles are supposed to only observe speed limit on residential areas and are allowed to travel at any speed on other areas of highway.

“This means that private vehicles can cruise at any speed on highway. But, accidents does not only affect passenger vehicles only,” says ASP Sokoni.

There is also issue of using child restraints in cars. The law is silent in this and as a result lives of many children are put at risk while on roads. Studies conducted by WHO have established that child restraints help very much in protecting minors in case of accidents.

Traffic law sections to be reviewed

According to the legal director the Ministry of Home Affairs, Ms Marylin Komba, the ministry has compiled all the sections in the law for review.

“We handed our proposals to the Attorney General who is the major government legal advisor. His observation is that the number of sections which needs amendment exceeds the legal threshold in making amendments in a law.

He has thus advised us to take another route and that is devising a new law which will repeal the existing law. We are in the process of preparing a cabinet paper,” she says.