1:0
INTRODUCTION AND BACKGROUND OF THE PROBLEM
Traffic
accidents are currently the ninth leading cause of death globally and are
expected to become the third leading cause in 20 years[1]. “Road
deaths are a growing epidemic, requiring a rapidly escalated response. The
United Nations has decided that this problem is serious enough to warrant a UN
Conference bringing together governments from across the world. On 16th
September 2008 the Commission for Global Road Safety aimed at calling ministers globally to have another
conference, which had to take place in January 2009, to agree on an ambitious
ten year vision for road safety, with the political and financial commitment to
deliver action and save lives.”[2]
Road fatalities
are set to double over the next twenty years, overtaking Malaria and
Tuberculosis as a leading cause of death, unless urgent action is taken now to
improve road safety in rapidly motorizing countries. Already 1.3 million people
are killed on the world’s roads each year, a toll set to increase to 2.1
million by 2030 according to World Health Organization predictions.[3]
In Africa the number of vehicles per inhabitant is still low in the
continent, less than one licensed vehicle per 100 inhabitants in low-income
Africa versus 60 in high-income countries. Fleet growth leads to increased road
insecurity in developing countries. This explains, for example, the reported
400% increase in road deaths in Nigeria between the 1960s and the 1980s
Available historical data from developed countries show that it is only when a
development threshold is achieved that the road mortality starts to decrease
such a threshold is far from being reached in sub-Saharan Africa. Indeed, in
South Africa, the most developed African country, there were already 17
licensed vehicles per 100 inhabitants in 2008, and no decline in road traffic
deaths has been observed so far[4]
“Every thirty seconds someone is killed on the
world’s roads. We can act now to prevent this or we can wait a few years until
someone is being killed every fifteen seconds?. This is the choice, and I am
sure about what I prefer. I look forward to continuing to work with the
Commission for Global Road Safety to help ensure that the international
community makes the right choice”[5]
Back in
our country Tanzania, driving has been hazardous just like other places in the
world, in the year 2008 and 2009, traffic accidents resulted in many deaths and
serious injuries throughout the country and vehicle vs. pedestrian accidents
were frequent fatal. Defensive driving is essential to combat the substandard
road conditions, but poor driver skills and ill-maintained vehicles found in
major cities as well as in rural areas, Driving at night has been dangerous
too, as unlit roads make it difficult to see pedestrians, bicycles, potholes
and other hazards. Intoxicated drivers present additional dangers, particularly
after dark, but again drivers of minibus, taxis often stop abruptly to pick up
and discharge passengers, resulting in frequent rear-end collisions.[6]
Tanzania has recorded over 48,754 road fatalities
that included 347,657 injuries between 1977 and 2008 and the trend is likely to
double within the next ten years if no solution is found. a recent review on
road accident in the country shows that fatality rate per 10,000 vehicles is 30
to 40 times higher than in the safest and highly motorised countries in the
world. “It is also higher compared to some of the neighbouring countries and
trading partners including the East African Community and Southern African
Development Community (SADC),” according to the report Statistics by the
Traffic Police as quoted in the latest published National Road Safety Policy
caution that road accidents were a growing concern. Tanzania’s road traffic
represents 70 percent of freight and 90 per cent of passenger transport.[7]
At present, there are four government ministries
responsible for vehicle inspections, which lack coordination and adequate
control on the worthiness of vehicles.
According to statistics, road accidents has been causing heavy losses to the
national economy, evidenced by the National Bureau of Industrial Cooperation
(BIDCO) of the University of Dar es Salaam statistics which showed that in 2006
only road accident loss was estimated at 508bn/-The new policy demands that the
government should enact regulations that set appropriate and affordable
standards of vehicle roadworthiness that are in line with SADC protocols and
best practices[8].
Tanzania being one of the victims has failed to bring
about effective measures to insure its
current traffic rules and regulations are free from loopholes which
encourage public bus operators to over-speed or some times leaving their
vehicles unmaintained, when you refer to Section 18-(1)[9] it provides that a Crew or
Crew of passenger Vehicle while on duty shall not demonstrate the following
behaviour;
(c) driving above the maximum speed limits in
competition of passenger pick up.
(e) driving under the influence of alcohol or any
other narcotic drugs at any amount,
(f) driving in a careless or reckless manner
contrary to the provisions of Road Traffic Act and other laws.
(i) driving while attending to mobile phones; and
(j) load live animals or dangerous goods in the
licensed motor vehicles.
Despite
those Regulations above in practice there is non of implementation, passenger
vehicles are being driven in high speed above that of 80 KM/H, you can easy see
a driver attending calls at any time while driving. a good number of animals
from one place to another are being carried together with human being, there is
a big problem of enforcing these laws and Regulations.
Driving in Tanzania and other East African states
is 80 kilometer per hour (80 kmh) but most buses run to 120 kmh and 140 kmh,
despite the idea of some stake holders to install speed governors in passengers
vehicles, so as to reduce road accidents, no effective implementation has been
shown on the part of the government[10], Police
officers in Traffic department on other hand have long been alleged of corrupt
practices allowing drivers, and vehicles with defaults on rewards of some cashes.
Again the standard which has been put forward by
SUMATRA seems to left aside to apply, for example when you read Rule 4[11] provides that an owner of
passenger vehicles who wishes to operate passenger vehicle for commercial
services shall ensure compliance with Technical Safety and Quality of Service
Standards as stipulated under these rules. However in practice this isn’t the
case many passenger vehicles are operating while they don’t qualify the
standard put forwards by these rules as results many accidents occurs
under Rule5-(1)[12] where it provides that;
subject to Rule 4 every owner of passenger vehicle who apply to provide
passenger services shall ensure that-
(a) the bus body building conform to standard TZS
598;1999 of the Tanzania Bureau of Standards as amended from time to time
reproduced in the first schedule to these rules.
(b) the roadworthiness of the vehicle is in
accordance with “Code of practice for Inspection and Testing of Used Motor
Vehicles” of the Tanzania Bureau of Standards TZS 608;2003 as amended from time
to time,
(c) tyres specification are in accordance with
“Pneumatic Tyres for Trucks and Buses” TZS 617;1999 as amended from time to
time.
(d) the floor is slippage free, corrosion resistant
and shall protect the passenger against dust, moistures, fumes, electric shock
and noise;
As can be seen these rules look good if they were
implemented as they are, but the contrary is true that they are left in
statutes only. Most of accidents which are being reported are resulted from
poor standard of Bus bodies, low Quality or Used tyres are fitted in the
passenger vehicles, these calls for these research to try to find out and
pinpoint the relevant solution to be taken so as to overcome the problem of
Road Traffic Accident in Arusha area and national at large.
In the
year 2009, Arusha has chosen to mark
the annual Road Safety Week at the main bus terminal, whereby a series of
passenger vehicle accidents are still in mind.
the chairperson of the Arusha Region Road Safety Committee, Gelase
Rutachubirwa, on safety week conference stated that “Education of road users
had to be featured prominently in the year’s Road Safety Week, being observed
in Arusha. Groups that were to be involved in carrying out the mass education
included traffic police, Tan roads, transport associations, insurance
companies, Surface and Marine Transport Regulatory Authority (Sumatra),
Tanzania Revenue Authority (TRA), Prevention and Control of Corruption Bureau
(PCCB) and the media, among others.”[13]
The requirement of the law under section 64 and 65 of The Road Traffic Act[14] there should be traffic signs in roads, and pedestrians signs respectively, however there are few symbols or signs in our roads, and most of the population in the country cant understand/or interpret properly those signs as a results many accidents are contributed by as they some time confuse drivers or other road users.
This law provide sanctions to any one who commit such an offence, despite the law governing and controlling accident in Tanzania still there is increase of the phenomenon ,why this? What then has gone wrong? it is the desire of this research to address this issue.
The
researcher will be looking for the
operational environment of the public transport sector and highlights
the extent and likely causes of accidents involving public transport vehicles
particularly in Arusha municipality,
where the records shows that
the number of people who lost their
lives are increasing every year as results of the road traffic accident
especially in town.[15]
The law relating to road traffic accident in Tanzania is a substantive law that every person must adhere to it. It is the law that covers protection of citizens, it also aiming at controlling accident. As provided under section 63(2)(a) of the Road Traffic Act[16] provides for the punishment for any person causing accident to occur. The section state that “any person who is convicted of an offence under section 40 shall be liable to a term of imprisonment of not less than three years and the court may, in addition thereto, impose a fine not exceeding one hundred thousands shillings.
Where by section 40 (1), (2) of the Act provides that,
(1) Any person who cause bodily injury to, or the
death of any person by the driving of motor vehicle or trailer recklessly or at
a speed or in a manner which having regard to all circumstances of the case, is
dangerous to the public or to any other person shall be guilty of an
offence.
(2) Any person who under influence of drink or drugs to such an extend as to be incapable of having proper control of the vehicle, is in charge of motor vehicle or trailer and by an act or omission in relation thereto causes bodily injured to, or death, any person shall be guilty of an offence[17]
The law
provides clearly ways on how accident offences are to be treated, it shows kind
of offences and how a person can commit it? Despite of it, still there is
increase of accident
The
previously research done by various authors, the media country wide also
reveals fluently occurrence of road traffic accidents, whereupon it shows that
traffic accident is the second
leading cause of death in the area after malaria, in Tanzania, This then draw
the interest of this researcher to come up with this research proposal. As law relating to road traffic accident in
Tanzania, examination of section 63 (2) (a) and (b) of The Road Traffic Act.
That the section citied above pinpoint what course of action and sanction to a person who drive or move negligently or recklessly to the effect that causes accident. That he has certain punishment but still the problem is increasing with very high speed. Should the public know that the law has no effect or what exactly is the causes of this problem? or does the law itself has weakness in such way it cannot deter the problem?.
It has been the practice of our law to determine the mode on how the driver took reasonable measures to avoid the occurrence of the accident, if the evidence provided before the court did not directly touch the accused to be liable he would be set free, the law does not go further to determine, what should be done on the part of the injured or deceased person, as was seen in the case of HUSSEIN KASSIM V. THE REPUBLIC[18] care in so far as the appellant had the right of way and there was no traffic ahead and in the absence of evidence of B a departure from the standard of driving expected of a reasonably prudent driver the mode of driving adopted by the appellant before and/or at the time of the accident cannot be faulted.
3:0
LITERATURE REVIEW
Research into road safety in developing countries is scarce, more
effort is required to insure this problem is eliminated, especially in Africa.
Since this is inconsistent with the size of the problem. It has been predicted
by the Global Road Safety Commission[19] that by
2020, road traffic injuries will rank as high as third among causes of
disability-adjusted life years lost while South-East Asia has the highest
proportion of global road fatalities one-third of the 1.4 million occurring
each year in the world the road traffic injury mortality rate is highest in
Africa 28.3 per 100,000 population when corrected for under-reporting, compared
with 11.0 in Europe,[20]
Selecting African countries with recent available data on road
mortality and number of vehicles in use, when comparing death per 10,000
vehicles, the contrast appears even more stark, with 1.7 deaths per 10,000
vehicles in high-income countries across the world and more than 50 in
low-income African countries[21]
A number of offences in the Road Traffic Act may be committed by
Causing or Permitting the use of, as well as using a vehicle in a prohibited
manner, each of which creates a separate offence.[22] stating
with Causing if the owner of the vehicle allow his driver
to drive the defective vehicle, he will committing the offence of causing, a
prohibited vehicle to operate, the same to the driver who having knowledge of
any default of his vehicle continue to drive the same will be guilty of an
offence of causing, the provision of section 39-(1) (2) (6) (7) of The Road Traffic Act[23] provide
a clear picture of how the owner, the driver or any other person may commit an
offence through causation.
Coming to Permitting this goes to the police officers who having
knowledge of default in the part of the vehicle or the driver fails to take the
required measures to stop such defective vehicle on continue to operate, or
from arresting the driver for that offence, the provision of section 87-(d) of
The Road Traffic Act[24] that
the police officer may, after stopping any motor vehicle or trailer which he
reasonably suspect of being, or of having been, used or involved in commission
of an offence whether under this Act or any other written law, order the driver
thereof to drive to the nearest convenient police station in order that;
statements relevant to the suspected offence may be obtained, and such vehicle
may be detained until all necessary inquiries have been made in relation to the
case.
However this is still a big problem to most of police officers who
do not detain the vehicles which are found with defective condition, this is
contributed by various factors, like favours, corruptions, or negligence on the
part of police officers through which they commit the offence of Permitting. thus I find some weaknesses in the Road
Traffic Act not providing for specific provision to deal with the police
officers who permits those kinds of prohibited acts, i find a gape to be filled
on the same by providing the proposal in order to eradicate the calamites of
Road Traffic Accidents.
Despite the various scholar to
research on causes of road traffic accident and the relevant measures to be
undertaken still the problem is subsisting in our country, Features of
perception include perceptions regarding credibility of speed limits, perceived
level of law enforcement, perceived
consequences related to traffic law
violations as well as perceptions related to licensing; engineering, influence of
corruption, unqualified drivers and so forth is what makes a gape to filled
upon.
On the other hand The Surface and
Marine Transport Regulatory Authority ( Sumatra ) Act, seems to be more
strictly than that of The Traffic Act, which seem to be too week and lenient to
serve as deterrent factor to overcome the problem of the Road Traffic Accidents taking example of
the imposition of motorists violating road Regulations now risk a two-year jail
sentence or an instant fine of up to 500,000/= “the newly appointed Traffic
Police Chief Mohamed Mpinga said to the reporter”.[25]
The police officials who are
disappointed with the weaker penalties being imposed by The Traffic Act, are now thinking of opting
to apply the Sumatra Provisions. My concern on this, is whether The Surface and
Marine Transport Regulatory (Sumatra) Act will assist the nation to combat the
road traffic accidents, or whether The Road Traffic Act itself should be
amended to incorporate the Sumatra provisions to add more serious penalties,
this is a gape to be filled upon,
But again this paper considers the
different aspects and the influence that features of perception have on key
road safety problems and ultimately on road user behaviour in United Republic
of Tanzania. This paper conclude with the fact of the whole country along with
the rest of developing world is in dire need of research that probes road
safety behaviour and psychology in order to inform and deliver unique and
workable solutions to address the problems that result in the carnage on
Tanzania roads.[26]
A total
of 130 lives perished in road accidents that occurred in Arusha region between
January and August 2009, Regional Traffic Officer Amir Konja revealed in Arusha
on Monday 5th October 2009, that a total of 1218 road accidents were
reported in the precinct within the eight-month period.[27] Speaking during the occasion to mark the
National Road Safety Week, the RTO added that more than 800 people were
injured, some seriously, from the said accidents. Compared to the year 2008,
the year 2009 has evidenced more road and grisly carnages. For instance between
January and August 2008, there were 1099 road accidents that claimed 100 lives
and left 436 others injured, Commander Konja pointing out that the year 2009
has recorded about 120 more accidents than 2008 and with them 30 more deaths
within same period … plus double the number of casualties.[28]
It has once given at the closing part
of the conference, chaired by Minister Rashid Nurgaiev and Colonel General
Victor Kyrianov, head of the traffic police in Russia, in which also Paul
Clark, Transport Mister of UK, Etienne Krug, WHO, Lord Robertson,
Commission for Global Road Safety and
David Ward, FIA Foundation made statements, conference participants adopted the
Moscow Declaration. The Declaration invites the United Nations General Assembly
to declare 2011-2020 as the “Decade of Action for Road Safety” with a goal to
stabilize and then reduce the forecast level of global road deaths by 2020.[29]
In Africa,
driving a car is still considered a privilege, an enviable option, not a risky
task with inherent responsibilities. Unfortunately, Africa has other burning
public health priorities Tanzania being among these victims, documented success
stories in road safety are needed to demonstrate that road traffic accidents
need not be inevitable and unpredictable, but are avoidable. Changing the
mindset of road users will be a challenge, but many lives are at stake.[30]
At the conference held in Dar-Es-Salaam in July 2009, emphasis was
again placed on the fact that: “Proportionally, African countries suffer most
from road accidents. Annually, the continent records around 28 deaths per 100
000 populations, making it the highest in the world” as per Hamdock: 2009. This
conference also highlighted the fact that road crashes are commonly the second
highest cause of death for the 5 to 44 years age group in Africa with
pedestrians and young road users being highly vulnerable groups.[31]
This statement
holds true for all developing countries as well, with growing concern about the
level of lawlessness and the lack of discipline among Tanzanian drivers. This growing concern is prominent
and well documented in Tanzania’s literature (Venter: 2009).
The term “human
factors” is used to describe the interaction of human beings with man-made
objects, which includes all internal and external processes within the natural
and man-made environment one of these interactive processes within any human
being is perception which is developed and formed based on interactions with
the environment and the self. Different models explain different types of risk,
for different road related situations. states that behaviour risk models focus
on problems experienced by road users when they have to perceive, accept and
control road related risk. Methorst (18th ICTCT workshop) indicated
that perceived road risk can be formulated as Road crash risk Chance x Severity
of being involved in a road traffic crash.[32]
There is no doubt
that road traffic crashes is a global health problem. Globally road crashes are
considered the number one killer of people under the age of 40 years. Although
certain behaviour are associated with an increase of risk in traffic speeding
behaviour, young drivers, driving under the influence of drugs and alcohol
research has found that although health behaviour is a major key factor for
many researchers and policymakers working within the field of road traffic[33]
4:0 RESEARCH OBJECTIVE
The general objective of this research is to understand the
effectiveness of Road Traffic Act in Tanzania, as Arusha is the case study of
this research.
The
specific objectives of this research are;
To find
out what are real cause of road accident in Tanzania particularly in Arusha
Municipal;
To see the
power of the law in solving road accident,
To suggest
possible ways to combat road accident
in Tanzania.
For the
purpose of this research the following questions shall guide my work,
1.) Why there is increase of road traffic accident in Arusha
Municipal?
2.) Does the law which provides punishment effective and motivate
People to be carefully when using Roads?
3.) what are the possible ways to combat road accident in
Tanzania?
It is ant participation of the researcher that this research will be meaningful and significant to all the of the society, however to the following is much of significance this include but not limited to;
Students, The research
will be meaningful to student of all levels because it will inform and educate
them on what is road traffic accident, also to university particularly this
work will be used as reference in academic aspect.
Parliament, It is meaningful research to parliament because it is possible to help them to make amendment of the present law where necessary.
Society, This work
will be of importance to the society because it will help it to know the
position and possible solution when applied well it became possible to reduce
the problem
This
research will focuses on the law relating to road traffic accident on
examination of section 63(2) (a) and (b), It will cover the origin of
Punishment ,Cause of road traffic accident, and solution to the problem as well
as examination of the strongest of the law.
This
research is the case study research
design whereby a researcher will visit Arusha municipal and conducts his study
there. it come in the knowledge of the researcher that case study research
design is the most best method to him because is cheap and accurate.
The study will be conducted at Arusha, whereby number of people will be involved as the unity of enquiry which will include Police officers, Drivers, Pedestrians and other stockholders.
The
researcher of this work will will apply different methods to collect data such
as Interview, Observation and Questioner survey, Whereby too major
tools will be used such as Not book for taking note and Flash Disk for store
ring information before it be analyzed in a not book, Therefore in order to
save time as well accurate and properly not getting* lost.
[1] htt//www.globalroadcontrot.com.org.uk/18th
April 2008
[2] www.worldsafety/Global/ Commission for Road Safety, meet in Russia to target UN Conference,16th
September 2008
[3] ibid
[4] Lagarde,E,(2007) Road Traffic Injury is an escalating Burden in Africa and
deserves Proportionate Research Effort/online publication jun 26th
jun dol.10.1371/journal.pmed 0040170
[5] Michael Schumacher, German Commission member, in Global Commission
For Road Safety/in foot note no 2
[6] http//www.Osac,
(overseas Security Advisory Council) Tanzania 2008 Crime & Safety Report,
in sub sahara’s Africa-Tanzania,29th January 2008
[7] Rugozinzibwa,P
(2009) Vehicle boom may increase road
accident,27th December @ 10;02/thusday February 04th
2010
[8] ibid
[9] The
Transport Licensing (Road Passenger Vehicles) Regulations 2007
[10] Tairo,A.
Tanzania
Government Vows to protect road traverelers.14th jun 2009,
etn/Tanzania,Dar Es Salaam.
[11] The
Sumatra Technical Safety and Quality of Service Standards) (Passenger Vehicles)
Rules,2008. GN. 14 of 2008
[12] The
Sumatra Technical Safety and Quality of Service Standards) (Passenger Vehicles)
Rules,2008 [G.N. 14 of 2008]
[13] Mkwame.
M, Dairly News, National Road Safety Week
27th September 2009,to be
held in Arusha bus Terminal,
[14] [ Cap 168 R.E 2002]
[15] Mkwame,m.
opcit
[16] Cap
168 R E 2002.
[17] Ibid,
fn 8
[18] 1988
TLR 18 (HC)
[19] http//
www.global road safety
commission/african/zone-24thjuly2008@0200
[20] ibid
[21] Lagarde,E,(jun
2007) Road traffic injury is an escalating burden in Africa and deserves
proportionate research effort/onlinepublication/jun26th/dol
101371/journal.pmed0040170
[22] Diane
B,and Christopher J at al (1992 )
Blackstone’s Criminal Practice.
[23] [CAP 168 R E 2002]
[24] ibid
[25] The
Guardian Tougher penalties for traffic
offences in use, by Dominic Nkolingwa,
issue no 4794, Thursday April 8,2010. Ippmedia.
[26] Karien
V,(2009),The good the bad and the angly; perception as key feuture in road
safety.held in August in Dar es salaam
[27] www.dairlynewspaper.causesofroadtrafficaccidents
& the roads safety week 3th-9th October 2009at Arusha bus
terminal.
[28] http/www.The Arusha Times, National
Road Safety Week, 3-9 October 2009, A report by Regional Traffic Officer Amir Konja revealed in Arusha bus terminal.
[29] First
Global Ministerial Conference on Road Safety, 19-20, November 2009,Moscow,
Russia Federation.
[30] Lagarde E (2007) Road Traffic Injury Is an Escalating Burden in
Africa and Deserves Proportionate Research
Efforts. PLoS Med 4(6): 170.
doi:10.1371/journal.pmed.0040170
[31] Handock
2009, in Karien Vender.
[32] Karien,
op cit
[33] Handrock
& mackenna, 2009 Road Traffic Managment Co operation conference, Dar es
salaam
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