News / National
Transport operators takes government to court on vehicle ban
26 Sep 2011 at 04:40hrs | Views
TRANSPORT operators are mounting legal action to challenge the ban on Left-Hand-Drive vehicle imports expected to take effect on November 1.
The vehicles will be completely taken off the road on December 31, 2015.
The move by the Government has set the stage for a bruising legal battle with the Transport Operators Association of Zimbabwe.
TOAZ deputy chairman Mr Bernard Lunga said the Government could not unilaterally effect the ban without going to Parliament for the amendment of the enabling Act.
He said LHD vehicles were legally permitted in the country by virtue of the Road Traffic Act 13:11, section 6 of the third schedule.
"It is the TOAZ's considered opinion that any proposed ban on LHD vehicles must be done via an Act of Parliament," said Mr Lunga.
"Regulations are subordinate to the Act and cannot be used to amend the Act. If this is not done, the ban on LHD vehicles by the Ministry of Transport, Communications and Infrastructural Development has no legal effect."
Local companies import mostly Left-Hand-Drive haulage trucks from Europe and Asia.
Efforts to get a comment from Transport, Communications and Infrastructural Development Minister Nicholas Goche were fruitless yesterday as his phone went unanswered.
But recently, the permanent secretary in the ministry, Mr Partson Mbiriri, maintained the ban would be in conformity with Sadc harmonisation of Vehicle Standards and came as a result of wide consultations.
He said research had shown that Left-Hand Drive vehicles caused accidents, owing to sideswipes and head-on collisions.
Mr Mbiriri cited such countries as South Africa as examples of those that had banned imports and use of "wrong-side" vehicles.
"On the Left-Hand vehicles, it's controversial, but very necessary," he was quoted as saying.
"We are not inventing the wheel, but it's standard in many countries."
The Road Traffic Act 13:11, section 6 of the third schedule, states: " . . . the prohibition of the use on roads of any motor vehicle which is fitted with a steering apparatus on the left (or near side), unless such motor vehicle is provided with an apparatus to enable the driver thereof to efficiently signal his intention to change direction or stop".
Mr Lunga said the Act clearly showed that LHD vehicles have been operating in Zimbabwe with the full knowledge and authority of the Government.
"The Transport Operators Association of Zimbabwe is planning to mount a legal challenge on the legality of this ban," he said.
Mr Lunga said it was clear that from a legal stand point, the legality of the Statutory Instrument 154 of 2010 effecting the ban was at variance with the principal Act.
He said the Statutory Instrument was made by the Ministry of Transport, Communications and Infrastructural Development, yet in terms of Section 81 (3) of the Road Traffic Act 13:11, it is only the Minister, not the ministry, who is empowered to make regulations.
"Consequently, the legality of this statute is in question," said Mr Lunga.
The Government said the major reason why LHD vehicles were being banned was because they caused road accidents.
But Mr Lunga said there was no evidence to support that argument.
"On the subject of safety concerns with respect to LHD trucks, TOAZ notes with regret that over 200 people have died on Zimbabwe's roads since June 2011," he said.
"Most of the accidents are attributable to commuter taxis (kombis) and rural buses. This statistic proves that it is false to label LHD trucks as a higher safety hazard than other vehicles operating on Zimbabwe's roads.
"The real killers are commuter omnibuses. TOAZ notes the absence of any sustained action on the part of the authorities to ban the importation and use of kombis."
The Government announced the ban on LHD vehicle imports together with another on the importation of used vehicles that are more than five years old.
Both bans take effective on November 1.
But the move has caused a lot of debate, with many people, including the Parliamentary Portfolio Committee on Transport and Communications against such a ban.
The vehicles will be completely taken off the road on December 31, 2015.
The move by the Government has set the stage for a bruising legal battle with the Transport Operators Association of Zimbabwe.
TOAZ deputy chairman Mr Bernard Lunga said the Government could not unilaterally effect the ban without going to Parliament for the amendment of the enabling Act.
He said LHD vehicles were legally permitted in the country by virtue of the Road Traffic Act 13:11, section 6 of the third schedule.
"It is the TOAZ's considered opinion that any proposed ban on LHD vehicles must be done via an Act of Parliament," said Mr Lunga.
"Regulations are subordinate to the Act and cannot be used to amend the Act. If this is not done, the ban on LHD vehicles by the Ministry of Transport, Communications and Infrastructural Development has no legal effect."
Local companies import mostly Left-Hand-Drive haulage trucks from Europe and Asia.
Efforts to get a comment from Transport, Communications and Infrastructural Development Minister Nicholas Goche were fruitless yesterday as his phone went unanswered.
But recently, the permanent secretary in the ministry, Mr Partson Mbiriri, maintained the ban would be in conformity with Sadc harmonisation of Vehicle Standards and came as a result of wide consultations.
He said research had shown that Left-Hand Drive vehicles caused accidents, owing to sideswipes and head-on collisions.
Mr Mbiriri cited such countries as South Africa as examples of those that had banned imports and use of "wrong-side" vehicles.
"On the Left-Hand vehicles, it's controversial, but very necessary," he was quoted as saying.
"We are not inventing the wheel, but it's standard in many countries."
The Road Traffic Act 13:11, section 6 of the third schedule, states: " . . . the prohibition of the use on roads of any motor vehicle which is fitted with a steering apparatus on the left (or near side), unless such motor vehicle is provided with an apparatus to enable the driver thereof to efficiently signal his intention to change direction or stop".
Mr Lunga said the Act clearly showed that LHD vehicles have been operating in Zimbabwe with the full knowledge and authority of the Government.
"The Transport Operators Association of Zimbabwe is planning to mount a legal challenge on the legality of this ban," he said.
Mr Lunga said it was clear that from a legal stand point, the legality of the Statutory Instrument 154 of 2010 effecting the ban was at variance with the principal Act.
He said the Statutory Instrument was made by the Ministry of Transport, Communications and Infrastructural Development, yet in terms of Section 81 (3) of the Road Traffic Act 13:11, it is only the Minister, not the ministry, who is empowered to make regulations.
"Consequently, the legality of this statute is in question," said Mr Lunga.
The Government said the major reason why LHD vehicles were being banned was because they caused road accidents.
But Mr Lunga said there was no evidence to support that argument.
"On the subject of safety concerns with respect to LHD trucks, TOAZ notes with regret that over 200 people have died on Zimbabwe's roads since June 2011," he said.
"Most of the accidents are attributable to commuter taxis (kombis) and rural buses. This statistic proves that it is false to label LHD trucks as a higher safety hazard than other vehicles operating on Zimbabwe's roads.
"The real killers are commuter omnibuses. TOAZ notes the absence of any sustained action on the part of the authorities to ban the importation and use of kombis."
The Government announced the ban on LHD vehicle imports together with another on the importation of used vehicles that are more than five years old.
Both bans take effective on November 1.
But the move has caused a lot of debate, with many people, including the Parliamentary Portfolio Committee on Transport and Communications against such a ban.
Source - TH
