Republic v Idd Hamisi 1983 [Case Summary]

Case Summary: Republic v Idd Hamisi (1983) TLR 449 (HC)

Court: High Court of Tanzania - Dodoma

Judge: Maina J

Date: April 25, 1983

Case Reference: CRIMINAL REVISION 6 OF 1983

Flynote:

The case involves the interpretation of the Road Traffic Act, specifically addressing whether riding a defective bicycle constitutes an offense under section 39(1)(a) of the Act. The court examines the definition of a motor vehicle and trailer, concluding that bicycles do not fall under these categories. The accused, Iddi Hamisi, was initially charged and convicted for riding a defective pedal bicycle without hand brakes.

Headnote:

Iddi Hamisi, the accused, pleaded guilty to the charge of riding a defective pedal bicycle without hand brakes, contrary to sections 39(1)(a), 100, and 113(1) of the Road Traffic Act, 1973. He was convicted and sentenced to pay a fine of Shs. 100/=. The case came for revision at the High Court.

Held:

1. Section 39(1)(a) of the Road Traffic Act, 1973, prohibits the driving of defective motor vehicles or trailers on public roads.

2. Section 2 of the Act defines a motor vehicle as a self-propelled vehicle intended or adopted for use on roads and includes an engineering plant.

3. A bicycle is neither a self-propelled vehicle nor a vehicle designed to be drawn or propelled by a motor vehicle, and therefore, section 39(1)(a) does not apply to bicycles.

4. The accused should have been charged under rule 32 of the Road Traffic Rules, which mandates that every bicycle or tricycle must be fitted with at least one effective brake.

5.The accused's conviction is altered to riding a bicycle without brakes, contrary to rule 32 of the Traffic Rules, and the sentence remains reasonable.

Judgment:

Iddi Hamisi was convicted for riding a pedal bicycle without hand brakes under section 39(1)(a) of the Road Traffic Act. However, the court clarified that this section applies only to motor vehicles and trailers, excluding bicycles. The accused should have been charged under rule 32 of the Traffic Rules, which mandates effective brakes for bicycles. The conviction is altered to riding a bicycle without brakes, and the original sentence of a fine of Shs. 100/= is maintained. The court's order is in accordance with this interpretation and application of the law.