Interpreting traffic law

As a road user, we are urging all to use technology responsibly and with caution.
This article is going to look at selected sections of SI 154 of 2010. The Statutory Instrument repealed 13 Statutory Instruments on Road Traffic (Construction Equipment and Use) Regulations. At law ignorance of the law is no defence.

Interpretation or definitions
“At night” in Zimbabwe means the period between 5:30pm and 6:30am the following morning.

The other term, which has thrown many people on the wrong side of the law, is the definition of commercial vehicle.
The term commercial vehicle means a lorry, tractor, van, including vehicles commonly known as pick-ups, double cabs, breakdown van or any similar motor vehicle not exceeding 2 300kg in net mass.

This does not include vehicles commonly known as “station wagons” and goods vehicles adapted for their carriage of passengers.
The definitions of “diamond grade, honey- comb and engineering grade” reflective material means any material designed to reflect light back to its source.

The third schedule of the statutory instrument clearly shows the minimum co-efficient of retro-reflection candelas/foot-candle/ square foot-candelas/lux/square metre.

Motor spares shops selling such material must ensure that their goods on sale meet the specifications cited.
In Sections 4(6) (2) an omnibus means any bus designed for and capable of carrying passengers or both passengers and goods whether for hire or reward or otherwise and includes any commuter omnibus or long distance bus but excludes a trailer bus.

Law enforcers are quite familiar with the above and other definitions in the Statutory Instrument and are ever ready to explain to road users and traffic offenders.

Traffic Safety authorities are more than pleased to define the terms as we understand that road users who are familiar with the law are most likely going to adhere to it, leading to safer roads.

Rear view mirrors
The law requires all non-commercial and non-heavy vehicles to be equipped with a rear view mirror or mirrors, which enable the driver to have a clear and adequate reflection of traffic to the back of the vehicle including the right and left rear of the vehicle.

A motorcycle must be equipped with two wheels fitted at the right side and adjusted to enable the rider to have clear and enough reflection of traffic to the right rear of the motorcycle.

On the other hand, heavy and commercial vehicles should have at least two externally fitted rear view mirrors on either sides of the vehicle which are so fitted to enable the driver to have a clear view.

The material used for making such rear view mirrors shall be the size and quality approved by Standards Association of Zimbabwe.
If the vision of the driver of motor vehicle which is drawing a trailer or trailers on any road is impaired for any reason, he/she shall enlist the services of a holder of a valid learner’s licence or tractor driver’s permit or driving licence.

The person shall be carried on the trailer in a position, which affords an uninterrupted view of the rear such that he/she communicates signals to and from each other, by the driver and other drivers behind.

It is an offence to contravene or fail to comply with section 12 of SI 154 of 2010.
Such offenders are liable to on conviction, a fine not exceeding Level 5 or to period of the imprisonment not exceeding six months or both such fine and imprisonment.

The public should take note that you may opt to pay an admission of guilt fine (up to Level 3) to the police if you are admitting that you are guilty.
However, there are some offences where that option may not be available. The accused is then brought before a traffic court for a trial.

Conclusion
We have looked at the definition of some easily confused terms found in SI 154 of   2010.
We have also looked at the provisions of Section 12 which makes it mandatory to have, one or two rear view mirrors depending on the type of vehicle.

Our next article will look at what the Zimbabwean law says about tyres that must be fitted on vehicles.

The writer, Ernest Muchena, is the Traffic Safety Council of Zimbabwe’s Product Development and Marketing Manager. He can be contacted on [email protected]/[email protected]  or +263772110898

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