What the law says about vehicle loads

Statutory Instrument 154 of 2010 provides the law for loading of your vehicle. Motorists, cyclist and motorcyclists must familiarise themselves with the provisions of the said instrument. Failure to adhere to section 75, 76, 77, 78 and 79 constitutes traffic offences. Ignorance of the law is no defence.

Loading pedal cycles and motor cycles
It is an offence for a cyclist to ride a pedal cycle on any road while carrying a load or a passenger exceeding 40kg in mass. Any person below the age of 16 is not allowed to carry a passenger on a pedal cycle.

He /she may carry a load of 40kg and below but the law does not permit the carriage of a passenger. It is an offence to carry a passenger on a cycle on any other place besides a carrier affixed to the cycle.

No person shall ride a pedal cycle or motor cycle with or without a side car attached, if any part of its load projects more than 60cm in front or more than 90cm to the rear of the wheels of such a pedal.

It is an offence for one to ride a pedal cycle or motor cycle on any road unless one is wearing safety reflective clothing approved by SAZ so as to be visible from a distance of at least 50 metres.

It is therefore critical for manufacturers and retailers alike to mark their products with a SAZ approval so that cyclists and riders purchase the correct attire.

A motorcyclist is not allowed to carry more than one passenger on the cycle to which a side-car is not attached. It is an offence to carry a passenger elsewhere other than on the pillion.

The law requires a person driving a motor cycle on any road while carrying a passenger on the pillion to ensure the pillion is securely attached to the motorcycle and foot rests are provided for use of the passenger.

A person riding on the pillion of a motor cycle on any road shall sit astride the pillion and facing forward as stated in Section 75 (7) of Statutory Instrument 154 of 2010.

It is an offence to ride a motorcycle on any road while sitting on any part of the machine other than on the saddle provided.
Section 75 (9) of the same Statutory Instrument prohibits carrying of more than three passengers on a motorcycle with a side car attached.

If a side car is attached, it is an offence to carry more than one passenger on the pillion or to carry more than two passengers on a motorcycle with a side-car attached.

Loading motor vehicles and trailers
The overall length of a vehicle or a trailer and any load on it must not exceed 14,6 metres. An articulated vehicle’s overall length and any load on it must not exceed 19,7 metres or extend further forward than a distance of 90cm beyond the body of the vehicle.

It is an offence to drive an articulated vehicle whose overall length and load extends further than a distance of 1,2m behind the body of the vehicle or extends beyond 2,5m on either side of the vehicle.

It is an offence to carry a load that is likely to cause danger to any person or vehicle or on the road owing to its mass distribution, packing or adjustment or is not properly secured and covered sufficiently by waterproof tarpaulin or similar materials so as to avoid damage, spoilage or danger to other road users.

If a load absorbs water it will result in overloading of the vehicle. If a vehicle is carrying a load consisting of gravel, sand, stone or loose substance it must be secured by an effective tail gate or similar barrier to prevent it from dropping onto the road.

If such material is not covered by waterproof tarpaulin or similar material, the load can absorb water and therefore result in overloading the vehicle. Anybody who violates this requirement is liable to prosecution.

Loading – all vehicles
It is an offence to drive any vehicle on a road if the vehicle’s load projects more than 60cm beyond the lateral extremities of the vehicle or is of such a height that is likely to interfere with or damage any bridge, wire or other construction lawfully erected above the road surface.

Section 77 (c) of Statutory Instrument 154 of 2010 makes it an offence to have a vehicle’s load that is not safely contained within the vehicle’s body or securely fastened to the vehicle or so arranged as to obstruct the driver’s view of traffic abreast on either side of him or ahead of him. The law also prohibits vehicle loads that are more than 4,5m high measured from the carriageway.

Conclusion
Overloading leads to excessive wear and tear, damage to the roads and difficulty to control the vehicle. An overloaded vehicle is likely to be involved in an accident as the vehicle condition is adversely affected by the load. An exemption certificate can be issued by the Commissioner of the Police.

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