Dar es Salaam. A journey of hope for a young man, Mr Shukurani Kigodi, from Morogoro, who was travelling to Iringa to attend a funeral, ended in tragedy after the cargo lorry he had boarded was involved in an accident, leaving him and others with no compensation due to the illegal nature of their journey.
The young man had boarded a cement-laden lorry at the end of last month after failing to raise the bus fare.
According to relatives, the lorry overturned near Mikumi after the driver lost control, killing some of the passengers on board.
The incident reflects a growing trend across the country in which people board cargo vehicles such as lorries for travel or work purposes.
Risks of travelling in cargo lorries
Insurance expert Dr Anselmi Anselmi says passengers travelling in cargo lorries expose themselves to the risk of losing compensation, as such journeys breach both traffic laws and insurance conditions.
He says insurance is governed by strict legal principles that determine when compensation is payable.
“One of the core principles is that insurance does not cover losses arising from illegal acts or actions against public interest,” he said.
He explained that cargo vehicles are not licensed to carry passengers, and doing so constitutes a violation of road safety regulations.
“When a cargo vehicle is used to carry passengers, it is already an offence. That is why traffic police impound such vehicles and issue fines,” he said.
He added that in the event of an accident, insurers may refuse compensation because the journey falls outside the vehicle’s permitted use.
“Both the passenger and vehicle owner are considered to have violated the law. Even legal claims become complicated because there is no formal transport contract like in buses,” he said.
He further noted that insurance claims typically require proof of transport, such as tickets, which do not exist in cargo travel.
On cases where passengers claim to be escorting goods, he said the law still does not permit anyone to ride inside cargo lorries.
“An escort should follow the cargo in a separate vehicle, not sit inside the lorry,” he said.
Legal framework
The Road Traffic Act, Cap. 168 of 1973, as amended in 2023, provides that cargo vehicles must be used strictly for goods unless special permission is granted.
The law states that using a vehicle outside its registered purpose is an offence and may invalidate insurance coverage in the event of an accident.
It also places responsibility on owners to ensure lawful use of their vehicles, while regulations prohibit carrying passengers in cargo lorries without authorisation.
Lawyer Haron Sanga says insurers base compensation on the declared use of the vehicle in the insurance contract.
“If a lorry is insured for goods only, passengers on board are not covered,” he said, adding that many people misunderstand insurance coverage.
“People assume insurance covers everyone in the vehicle, but it is the lawful use of the vehicle that determines liability,” he said.
The Transport Licensing Act, Cap. 317 of 1973, also requires passenger vehicles to hold special licences and meet safety standards.
Lorry associations speak out
Deputy Secretary of the Tanzania Truck Drivers Association (Chamamata), Mr Muhidini Sangoti, says carrying passengers in cargo lorries is illegal, with the law generally allowing only the driver and an assistant.
“If a third person is found in the lorry, it must be explained. But legally, it remains an offence,” he said.
He noted that enforcement sometimes creates confusion when colleagues travel together for operational support but are treated as illegal passengers.
He also cited cases involving sand lorries where workers are transported to assist with loading and unloading.
The association, he said, has held discussions with traffic police in Dodoma to address such challenges.
Employers’ view
Chairman of the Association of Medium and Small Truck Owners (Tamstoa), Mr Chuki Shabani, said the law prohibits carrying passengers in cargo lorries due to safety risks.
He said drivers are usually expected to travel alone or with an authorised assistant known to the employer.
“In most cases, the driver travels alone, and the owner cannot monitor everything on the road,” he said.
He added that even the presence of conductors is regulated depending on the vehicle type and journey.
“In some cases, only the driver is allowed to ensure safety and proper rest during long trips,” he said.
He urged drivers to comply with regulations, noting that unauthorised passengers increase road risks.
Police stance
Head of the Traffic Police Unit in Kiteto District, Mr Raphael Karani, said during an inspection along the Arusha–Lobosiret road that drivers must stop carrying passengers in cargo vehicles.
Traffic Police Commissioner William Mkonda said enforcement operations against such offences are ongoing nationwide.
He said police are also intensifying public education on road safety compliance.
“We continue enforcement operations against dangerous traffic offences to ensure road safety,” he said.
He added that legal action will continue against offenders, urging the public to cooperate in reducing road accidents.
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