Zimbabwe transport operators challenges left hand vehicles ban

THE Transport Operators' Association of Zimbabwe has challenged Government to reconsider the ban of left-hand vehicles from the country's roads by December 31, 2015 in terms of the Sadc protocol on transport, as agreed to by member states.
 
TOAZ believes the move would result in a total collapse of the heavy transport sector in Zimbabwe. In a statement issued yesterday, TOAZ further contends that the Government's early ban on the importation and registration of new left hand vehicles was unfair considering that the amendments to the law allows the process to continue until October 31, 2011.

"The law envisages the removal of all Zimbabwe registered vehicles from the road by December 31, 2015. TOAZ wishes to advise that article 6.3.6 of the Sadc Protocol on Transport, Communication and Meteorology states that while Heads of State agree to banning LHD vehicles, those vehicles that have already been registered prior to any ban must be permitted to continue operating until end of their useful life.

"Consequently, TOAZ is of the view that the banning of LHD vehicles from December 2015 is at variance with the Sadc Protocol on Transport, Communication and Meteorology. Moreover, this will destroy substantial assets that have painstakingly been acquired by the owners," the statement read.

TOAZ argue that lawyers had correctly advised them that the relevant article of the Sadc Protocol only specified the phasing out of new registration of such vehicles and not the total ban on those registered prior to the termination. The association quoted the relevant section of the law as: "Member States agree that, with the exception of the Republic of Angola, they shall phase out the registration of left-hand vehicles; provided that left hand vehicles registered prior to the termination of registration of such vehicles shall be permitted to continue operating thereafter"
 
According to TOAZ, only the ban on new registration should be effected and that those already registered should continue until end of their lives.

The association, which has already appealed against the decision, believes the early ban on the vehicles would result in the collapse of the heavy transport sector considering that most of the trucks fell under the targeted category. The decision, the association said, had serious implications on the other sectors of the economy.

Zimbabwe, according to the Sadc laws on transport, would be compelled to allow left had vehicles from other countries to use the nation's roads well after the local vehicles would have been phased out.
 
That, TOAZ argues, disadvantages Zimbabwe and renders the ban on local left-hand vehicles useless.

The same situation would grant monopoly to foreign registered vehicles in Zimbabwe's transport market. TOAZ deputy chairman Mr Bernard Lunga registered the association's displeasure over the Government's failure to consult stakeholders before making the decision.

He said the repeated announcement by Ministry of Transport, Communications and Infrastructural Development of the deadline were tantamount to seeking to enforce a statute that has not come into effect as well as making inferences into the law which are not there.

"We remain disappointed that despite the contentious nature of this issue, the Ministry of Transport, Communications and Infrastructural Development has refused to hold face to face meetings with TOAZ.

"The question that begs to be asked is which stakeholders are they discussing this matter with, since TOAZ is the representative organisation for 80 percent of the heavy transport operators in Zimbabwe," said Mr Lunga.

TOAZ, he said, sought to inform all transporters and other stakeholders of the correct legal position.

Government is also considering to review the age limit of imported vehicles into the country from the initial five years and above.