Nothing Special   »   [go: up one dir, main page]

Musa's Research Proposal

You are on page 1of 20

LEGAL ANALYSIS ON THE ROAD TRAFFIC FRAMEWORK:

WEAKNESS AND STRENGTH

RESEARCH PROPOSAL
PREPARED
BY
LEONALD MUSA
0766787482

ARCHBISHOP MIHAYO UNIVERSITY COLLEGE OF


TABORA
CHAPTER ONE

0
CHAPTER ONE

INTRODUCTION

1.0Introduction

This chapter discusses the background to the study, statement of the problem, purposes of the
study, research objectives, research questions, research hypothesis, and proposed justification of
the study, scope of the study, Research Design, Literature Review, Research Plan and Research
cost Analysis.

1.2 Background to Study

Road transport and road transportation in Tanzania has been vibrant and potential to most
Tanzanians since independence 1961. As in other countries in the world, Tanzania is fastly
constructing roads (tarmac roads) to smoothen her development. Importantly, the government
budgetary plans provide the sector with a lot of fund to ensure the fast economic run via
accessible roads.

Despite the fast growing construction of the roads, evidences of road accidents have been
reported. Increasing reports on roads accidents might have been caused by ineffective laws, low
attention by road users and corruption among others. The Tanzania government recognizes that,
roads accidents and bodily injury or death can be caused by. Driving of a motor vehicle while
under the influence of drink or drugs1. Also driving of a motor vehicle with blood-alcohol
concentration above the prescribed limit2.Speeding, driving while disqualified or without driving
license and Riding in dangerous position3.

Recent reports and studies indicates that among other factors, human factors and vehicles
conditions account for most road accidents in Tanzania, with human factors dominating at
approximately 76.4 % of all causes of road accidents4. The human factors includes impatience,
stress, reckless driving, over speeding, using phones while driving, ignoring traffic signs such as
pedestrian crossing, wrong overtaking and parking5.

1 Road Traffic Act 1973


2 ibid
3 ibid
4 SUMATRA,2007
5 Challenges in the roads Safety Management in Tanzania, p.49

1
In an attempt to reduce both accidents (injury and fatal accidents) the Tanzania government
formulated rules and regulations. The Tanzania – Road Traffic Act CAP 1686 restrict motor
vehicle or trailer to be used on a road or in any other public place unless the motor vehicle or
trailer and all parts thereof and its equipment, including its chassis, engine, gear system, brake
system, bodywork or any part thereof, tyres and lights–(a)are in good repair and in efficient
working order, and are in such condition that the driving of the vehicle on the road either in the
daytime or at night is not likely to be a danger to the persons travelling on the motor vehicle or
trailer or to other users of the road.

Indeed, the law7 elaborates that motor vehicle or trailer shall not be used on a road with a load
greater than the load capacity8 declared by the manufacturers of the chassis of the motor vehicle
or trailer or greater than the load capacity determined under the provisions of this Act. (3) No
motor vehicle or trailer shall be used on a road if the distribution, packing and adjustment of the
load carried is such as to make it a danger to persons travelling on the motor vehicle or trailer or
to other users of the road.

However, Any person who uses on a road a motor vehicle or trailer in contravention of the
provisions of subsections (1), (2) or (3) of Tanzania- Road Traffic Act CAP 1689 shall be guilty
of an offence and shall be liable, on first conviction, to a fine not exceeding twenty thousand
shillings and on a second conviction, to a fine not exceeding thirty thousand shillings and on a
third or subsequent conviction, to a fine not exceeding fifty thousand shillings or, in each case, to
a term of imprisonment not exceeding three years or to both such fine and such imprisonment.

Despite the above facts, roads accidents are frequently reported to occur in most road channels
linking different zones, regions, districts, wards and streets in Tanzania. To this point one need to
question on the strengths of Tanzania Road Traffic Framework especially on the influence of
Police traffic officers with the association to their weakness.

6
Laws of Tanzania-The road Traffic Act CAP 168
7
Road Traffic Act, No. of 1973
8
ibid
9
The road Traffic Act CAP 168

2
Therefore the researcher will set forth the basic cause of road accident contrary to the road
accident prevention regulation10 of 2007 while looking at the legal analysis on the road traffic
framework with a look at the weakness and strengths of general effective practice of Road
Traffic Act 1973 in Tanzanian country.

1.2 Statement of the Problem

Since 2001 the government of Tanzania Formulated the SUMATRA act and under it, the
SUMATRA rules 2008 for road users including bus operators, road drivers and the care thereon,
set penalty as an alternative measures to solve the problem of increased accidental reports.
However there are continued evidences of road accidents contrary to tracking traffic law which
stress on the management of Road Safety.

This study will explore some facts basing on the effectiveness of SUMATRA laws and rules
towards reduction of road accidents in Tanzania with a case study of weakness and strength of
SUMATRA laws in Tabora. The motive behind conducting this study is that, there are day to day
reports of road accident evidences that are reported to occur among the roads connecting
different places in Tanzania and Tabora in Particular. This might be questioned. For instance,
what might be the stability (strength) of the SUMATRA laws in reducing road accidents? If,
really SUMATRA Laws have contribution to road safety, why casually records of road
accidents? This might, contribute to the rise of the argument that, there is no safety, no effective
information system reliable to road users. To this point the researcher need to clear doubt on
whether the increased road accident is being caused by ineffectiveness of the SUMATRA laws
and rules with regulations, human failure (inadvertent) or (deliberate) non – compliance.

1.3 Research Objective

The Researcher will be guided by the following Objectives;

1.3.1 General Objective

To determine the effectiveness of Sumatra Laws and regulation rules towards reduction of road
accidents.

10
SUMATRA [Final Report on the Improvement of Road Safety In Tanzanian Mainland, 2007]

3
1.3.2. Specific Objectives

i. To identify the causes of road accidents.


ii. To determine whether the factors for the occurrence of road accidents are contrary to
SUMATRA Laws.
iii. To suggest possible amendments on the law where the normal practice is impossible.

1.4. Research Questions

i. What are the causes of road accidents?


ii. Do the factors for the occurrence of road accidents contrary to SUMATRA laws?
iii. What are the possible amendments on the laws to where there is impossible practice?

1.5. Research Hypothesis

i. That, the road accidents occurs because of less attention paid by road users.
ii. That, the factors for increased road accidents are compromisable to SUMATRA laws
and regulations.
iii. That, the SUMATRA laws and rules are ineffective to ensure road users’ safety in
Tanzania.

1.6 Scope of the Research.

The focus of the work will be to determine the effectiveness of Sumatra Laws and regulation rules
towards reduction of road accidents. To do this, an assessment on the effectiveness of the
SUMATRA (Technical Safety and reduction of road accidents rules 2008 will be analyzed.
Thus, the study will be limited to Tabora Municipality due to the fact that, the road transport
service is prospering with a number of Tarmac roads being increased ward to ward which is
accompanied with some reported road accidents.

4
1.7 Significance of the Study

The significance of the study will be to the following groups if taken into consideration;

1.7.1 To the Researcher

The research will help the researcher in widening the knowledge gap as it will answer the
unanswered question of the likely factors contributing to road accidents. Likewise, the researcher
will increase his understanding on the matter pertaining to effectives (Strengths) and infectiveness
(weakness) of the SUMATRA laws in safeguarding the lives of peoples with their properties when
using roads.

1.7.2 To the Universities


The Universities that will get a copy of the publication of this thesis will use it in terms of
academic contributions to increase student’s awareness in relation to the factors influencing an
increase in road accidents. Way forwards amendments of laws to concur the need of the society’s
need to reduce road accidents and increase road user’s safety.

1.7.3 To the government

The government is expected to have suggestions on the proper practice of SUMATRA laws and
regulation to reduce road accidents, in addition to that as any other academic work, this work
will be useful in contributing knowledge to the subsisting legal literature especially in
criminology and in judgeship disciplines.

5
1.8 Research Methodology

1.8.1 Introduction

This chapter introduces to the readers of this proposal, the methods for data collection and
analysis for this work. It starts with the research approaches, research design, area of study,
targeted population, sample size and sampling design, data collection, data analysis, definition,
research instruments, validity and reliability with ethical implication.

1.8.2 Research Approach

The methodology in this study will be mainly qualitative. While several pieces of literature on
the law of road safety will be analyzed. The research method to be involved will collect both
primary and secondary data.

1.8.3 Research Design

The study will use descriptive design to portray an accurate profile of persons, events, situations
and determine the perception of people in relation to the laws governing the accuracy use of
roads in Tanzania.

1.8.4 Area of Study


The study will be conducted in Tabora municipality. The researcher chose Tabora municipality
purposely because, there are evidences of road accidents with a particular subject on the
weakness of SUMATRA laws and the law implementers who are rumously[hypothesis] stated to
be corrupt. The other reason choosing this municipality is based on the reason that, it is one of
the best doing municipality in Tanzania in matters of transportation sector and infrustratures.
1.8.5 Target Population
Population is a group about which the research is interested in gathering information and
drawing conclusion.11 The target population of this study consists of the various groups counting
from motor vehicles Drivers 10, traffic police men/ woman 10, pedestrian 10, government
officials 5 and 5 bus owners.

11
Tuckman Allen, Research Methodology Guide

6
1.8.6 Sample and Sampling Size

This study will utilize non probability sampling using purposive sampling. This method will help
the researcher to select cases that answer the research questions and vilify the research
hypothesis.

1.8.7 Data collection and Instruments

Instruments are very crucial12 noted that these methods are useful in providing data. In this study,
researcher will employ varieties of data collection methods to ensure that important information
on the problem is obtained. Here, primary and secondary data will be collected, hereafter; the
primary data will be collected by the researcher via his involvement in direct observation
sideway-roads and by asking oral questions to respondents while secondary data will be
collected from both internal data and external sources. Internal data are obtained within the
institution data base like library while external are obtained from sources of data outside the
organisation

1.8.8 Validity and Reliability

This Capture the degree of data accuracy that results in collection of accurate and consistent data
.To ensure this the researcher will make sure that the collected data are valid to the point that
invalid data will be ignored and discarded from a pile of collected data.

1.8.9 Data analysis

Data analysis refers to examine what has been collected in a survey or experiment and making
deduction and inferences. Data collected from both questionnaire and interview as well as from
observation will be analyzed through content analysis and theme such as similar responses on the
same question form the meaningful matter to the contexts of their use. The data obtained through
interviews and open ended questionnaires will be analyzed and interpreted qualitatively by
describing the ideas provided by respondents based on the theme.

12
Kothari , Research Methodolgy in Business Studies

7
CHAPTER TWO

THE CONCEPTUAL AND THEORETICAL FRAMEWORK

2.0 Introduction

Here, the researcher presents to the readers of this proposal the varieties of legal authorities,
cases, law journals and reports from various fields of knowledge on the matter in discussion, in
fact, conceptual terms, factors causing road accidents, issues controversial to the road safety laws
including those contrary to SUMATRA laws. Indeed the researcher will discuss the strengths of
provision of laws and rules with regulations on its implementation by road users and law
enforcement people.

2.1 Conceptual Framework

This will help the researcher in linking the researcher’s thinking in an attempt to complete the
investigation. The study by the researcher will adapt the conceptual framework in which the
causes of roads accidents are linked to all matters (laws and regulations) implementation.

The concept of road accidents reveals the dependence factors (dependent variable) while the
SUMATRA laws reveal the independent variable which can have some influence on dependent
variables.

8
2.2 Definition of Various Conceptual Terms

2.2.1 Road Accidents

According to Institute national la statistique et des economiques13, A road accident refers to any
accident involving at least one road vehicle, occurring on a road open to public circulation,
and in which at least one person is injured or killed. Intentional acts (murder, suicide) and natural
disasters are excluded."Killed persons" are accident victims who die immediately or within thirty
days following the accident. Before 1 January 2005, the time period considered was only six
days."Injured persons" are accident victims having suffered trauma requiring medical treatment
(with or without hospitalization).

2.2.2. Tarmac Road

Tarmac14 is a road surfacing material made by combining macadam surfaces, tar, and sand,
patented by Welsh inventor Edgar Purnell Hooley in 1902. Tarmac has less traffic and travel
problems that are, it can be constructed with one lane at a time, and the whole road doesn’t have
to be shut down in order to get the resurfacing finished. Instead one road can be closed for
resurfacing, and then opened once dry and the next one closed. In effect, this helps to keep the
roads free of congestion and leaves routes open for people that need the roads and pavements for
travel. Therefore, the essence of tarmac roads is to foster transportation sectors and reduce other
related issues that could compromise the transportation sector. Despite this essence, the need to
develop a more comprehensive set of regulations to address modern road safety standards is seen
as essential. This would also require a commensurate upgrade of the vehicle inspection
capabilities of SUMATRA and the traffic police that will automatically reduce the occurrence of
accidents (roads accidents).

13
Institut national la statistique et des economiques, Road accidents, Definitions Publication date: 13/10/2016
14
Tarmacadam - Wikipedia

9
2.2.3 Road

A Road means any road, highway, way, street, bridge, culvert, wharf, car park, footpath or bridle
path on which vehicles are capable of travelling and to which the public has access whether or
not such access is restricted and whether subject to any condition, but does not include any road
within the curtilage of a dwelling house

Roads15 facilitate forest management activities, recreational access, and fire suppression. At the
same time, they damage wildlife habitat, destroy the remoteness many seek in wildland
recreation, produce sediment, alter aquatic ecosystems, and at the same time compromise the
lives of human being (Causes injury, suffering and death to human being).

Presently, a national strategy for road safety research is not in place in Tanzania, and there is no
independent national road safety research organization, and only limited demonstration and pilot
programs have been conducted on road safety. Thus, in Tanzania there is no systematic research
on the relevant factors in road safety for e.g.:›Human factors, Road infrastructure, Institutional
factors› other factors.

In an attempt to reduce road accidents, SUMATRA16 initiated regulations that, No person shall
use on any road a motor vehicle or trailer, other than a motor vehicle or trailer exempted from
the provisions of17 the control and regulation of road traffic Act unless such motor vehicle or
trailer is registered under the provisions of this Act.

2.2.4 Motor Vehicles

According to the Draft of the Road Transport and Safety Bill, 2015 SECTION 2 Subsection
(30) 18 defines a motor vehicle as any mechanically propelled vehicle used in any place whether
the power of propulsion is transmitted thereto from an external or internal source and includes a
chassis to which a body has not been attached and a trailer or a semi-trailer or mobile machinery
or such vehicles as may be notified by the National Authority from time to time, but does not
include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a

15
What do we need to know about roads?
16
The Road Traffic Act, CAP 168; [13th January, 1974][G.N. No. 20 of 1974]
17
THE ROAD TRAFFIC ACT: An Act to provide for the control and regulation of road traffic.
18
The Road Transport and Safety Bill, 2015
10
factory or in any other enclosed premises. However, section 2 made under subsection 2019 regard
goods vehicle to include any motor vehicle constructed, adapted or used for the carriage of
goods.
In general the law regards a vehicle mean as any description whatsoever, and includes a machine
or implement of any kind drawn or propelled along roads whether by animal, mechanical,
electrical or any other motive power.
2.2.5 Passengers
According to the draft of the regulation of the transport licensing act 317 which was made under
section 4520 of the transport licensing (public service vehicles) the regulations of 2017, under
its interpretation provisions states that, the passenger is any person who is travelling in a
vehicle with a valid ticket and includes a child of not less than three years.

Revising the SUMATRA rules of 2008, it is difficult to capture the real definition of who is a
passenger. Despite the fact that, SUMATRA Rules of 201621 provides that, a passenger is any
person travelling in vehicles that possess a valid bus ticket from the reporting time or a child.

2.2.6 Drivers

Understanding the concept of a driver is important in getting the meaning of what is associated
with the roads, roads use and associated events that occurs in the road, alongside the roads and
across the roads. Despite its potentiality, the SUMATRA rules 201622 with all its sections and
interpretation, a driver has not been interpreted. However it is It is very common elaborated that
driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the
person who acts as a steersman of the drawn motor vehicle; (12) driving license section 2 s (11)
of the SUMATRA rules 201623.

19
The Road Transport and Safety Bill, 2015
20
The transport licensing public service vehicles) (the regulations) under cap 317 of 2007
21
The SUMATRA (Standards, Terms and conditions for provision of Public Transport Services) rules2016
22
ibid
23
The Road Transport and Safety Bill, 2015

11
2.2.7. Pedestrians

Pedestrian is a person going on foot24. It is very common to pedestrians crossing the road
without paying proper attention to experience road crashes in most of the time. More important,
a pedestrian is a person travelling on foot, whether walking or running from one point to
another25. SUMMATRA 2016 interprets that pedestrian crossing means a crossing for foot
passengers of the part of a road normally used by vehicular traffic established under the Road
Traffic Act,2008 CAP 168 and indicated by traffic signs in accordance with the regulations
having effect as respects that crossing

2.2.8 Police traffic officers

Traffic police or traffic officers,26 often referred to colloquially as traffic cops, are police
officers who direct traffic or serve in traffic or roads policing unit enforcing rules of the road.
Traffic police include officers who patrol major roads and also police who address traffic
infractions on other roads. Traditionally, police officers are police men and woman whose job is
to direct the movement of vehicles on a road or to stop drivers who are breaking the law and
give them an official notice of their offence

2.2.9 Traffic sign

Traffic sign27 means any object, device or marks (whether fixed or portable and in the case of
marks, whether painted or otherwise displayed) for conveying to traffic on the roads, or any
specified description of traffic, warnings, information, requirements, restrictions, or prohibitions
of any description specified by the Minister by regulations and any line or mark on a road for so
conveying such warnings, information, requirements, restrictions or prohibitions

24
Merriam Websitters Dictionary.
25
Wikipedia 2020
26
Wikipedia 2020
27
The Transport Licensing (Public Service Vehicles) Regulations, 2017

12
2.3 Literature Review

The main discussion is based on the core of SUMATRA Laws and rules 200828 that lay a
foundation for the road safety (strengths) and the likelihood weakness of the laws that lead to
accidents.

Various reports by law scholars and published works will be studied under this section to verify
the gaps in knowledge that will effect into proper formulation and amendment of laws to meet
the standard road safety in Tanzania and Tabora in particular.

According to the World Health Organization report,29 it is estimated that about 1.24 million
deaths occurred on the world’s roads in the year 2010, a situation it considers unacceptable. It
also reports that 50% of fatalities are vulnerable road users (23% motorcyclists, 22% pedestrians,
5% cyclists).The same report indicates that the African Region has the highest road fatality rates
of all the world’s regions. Young men are the most vulnerable road users. Despite significant
variations among countries, in the African region, vulnerable road users –pedestrians, cyclists
and motorized 2-and 3-wheelers constitute more than half (52%) of road users killed on the
roads, with pedestrians alone being 37%. To this, if the law enforcements are silent, the
SUMATRA Laws might be weak and are likely to increase the evidences of unsafe roads to lives
of human being.

A study by Menda30 indicates that 65% of road traffic accidents in Dar es Salaam city involved
pedestrians, most of which were found to be caused by people who are ignorant of traffic laws
and driving. In 2008, a report on road safety31 submitted to SUMATRA32 showed that about 79%
of road accidents were caused by road users. The Tanzania National Bureau of Statistics, under
the Ministry of Finance, recorded a total of 22,019 road traffic accidents in the year 2009 only, of
which 20,717 people were injured and 3,851 killed. This might be due to inappropriate laws.

28
SUMATRA - Technical Safety, Quality of Service Standards) Passengers Vehicles) Rules, 2008 [GN. No.14 OF
2008]
29
World Health Organization, (2013).Global Status Report on Road Safety 2013: Supporting a Decade of
Action.WHO. Geneva
30
Menda, A. (2009). Tanzania Motor “Speed governs” Fail to Curb Road Accidents. Dar es Salaam.
31
Report submitted to SUMATRA on Improvement of Road Safety in Tanzania Mainland
32
Op. cit.

13
As a weakness brought by the laws, Contributory Factors to Road Accidents as cited from
SUMATRA reveals a system at which Road traffic system comprises of the constantly
interacting components (SUMATRA33). The system comprises 3 main components: The human
as road users. Road users are those people like pedestrian, animals, drivers of motorcycles, three
wheels known as Bajaj’s, motorcyclists. The vehicle, I mean all types of mobile that use road.
Such as tax, daladala (Hiace), Lorries and Busses and the road environment including the
operating rules and Traffic Control Devices (TCD)

By adopting a systematic approach to the identification of contributory factors to road traffic


accidents and development of safety measures it is discussed that; one can recognize road traffic
accident as an event with multi-factor causes. Under this approach, when there is a breakdown in
the interaction of the components, a system failure or a road traffic accident is the result

According to the National Road Safety Policy (NRSP) report- URT34 recognizes that, “Personnel
behaviour of road users are the dominant causes of accident i.e. Short falls in human behaviour
and particularly driver is the main cause of road crashes in Tanzania.

According to the same source, police records show that in the year 2006, inappropriate human
behaviour accounted for 80% of 17,039 road crashes reported to the police. The problem of road
user behavior in these cases has been associated with low level of education, among others;

Traffic literature further mentions five risk factors associated with road traffic accidents, namely:

(i) Speed,
(ii) Seat belts,
(iii) Child restraint systems,
(iv) Drink-driving and
(v) Motorcycle helmets.

According to a review above, it can be discussed that majority of road crashes or collisions are
caused by human factors for instance, driver error, reckless driving, speeding, overtaking, drink
driving and non-wearing of seat-belts.

33
Report submitted to SUMATRA on Improvement of Road Safety in Tanzania Mainland (2007).
34
URT –Ministry of Infrastructure Development, National Road Safety Policy. Dar es Salaam (2009).

14
In the report by the law reform commission of Tanzania, it was verified that, some of the public
service vehicles accidents are caused by the act of road users to violet the rules and laws. For
instance, therein, the report, the case of JAMES Mushi VG.J. Beers35 it was held that the duty of
a driver is not to exceed the speed at which he or she can, by pulling up or swerving, avoid
collision with other road users in a non- negligent way.

According to thr research study by the institute for road safety research SWOV 36, on the
factors influencing the road users behavior, applicability for promoting the use of safety devices,
it has been stated that regulations and enforcement mechanism to push the compliance. Indeed,
risks for road users
According to the research by Haulle, & Kisiri37 on the Impact of Road Accidents to the
Community of Iringa Municipality: Challenges in Reducing Risks.International and
Multidisciplinary Journal of Social Sciences, have associated the problem of road accidents
with poor infrastructure, drunkenness, vehicle overloading, negligence of drivers and riders and
unqualified drivers. These all are onsite conditions that cannot be resolved without looking at the
root causes of such problems. Why is there disparity of development and how these impacts
affect much the poor than the rich is an issue of not only thinking about the physical conditions
underpinning the community, but also the underlying causes through the dynamic pressures that,
in fact, are related to the legal institutional framework that governs the ideas and ideologies of
the society. This is what is considered as the common sense, the sense of the legal practice class
to minimization of road crashes which is not articulated by such studies.

But while many countries have stepped up efforts to improve the situation, many poorer nations
are lagging way behind. This might have some relation with legal framework in Tanzania.

35
James Mushi V. G.J. Beers [1961] EA 390
36
SWOV publications Road Safety research SWOV, on the factors influencing the road users (2009)
37
Haulle, E, & Kisiri, M. (2016). The Impact of Road Accidents to the Community of Iringa Municipality:
Challenges in Reducing Risks. International and Multidisciplinary Journal of Social Sciences, 5(3), 253-280.
doi:10.17583/rimcis.2016.1880

15
According to the report by WHO38 walking and cycling are important forms of mobility for a
large proportion of the population, But like pedestrians, two-wheeled motorists and cyclists are
among the vulnerable population in the case of road accidents. It is estimated that half of the
world’s road traffic deaths occur among motorcyclists-23%, pedestrians-22% and cyclists-5% 39

According to the research study by Mosedale40 it is stated that, In the UK, about 3/4 of the
two vehicle accidents involving a car and a motorcycle were found to take place on urban roads
in 2002. In 39% of those accidents, the precipitating factor was assigned to the two-wheeled
motor vehicle; and in all those cases the precipitating factor was attributed to excessive speed -
26%,lack of judgment of own path-24%, inexperienced driving-17%, inattention-13% and
reckless/careless behavior-10%41..

This means that, Most motorists, and all cyclists in Tabora, like in all other parts of Tanzania,
ride without formal training, and less so without education on road safety. Training of motorists
and cyclists can increase safety and help reduce congestion on the road. Here, legal implementers
need to take action in the whole process of legal practices.

An important aspect of safety for cyclists on the road is visibility. Traffic literature mention a
number of suggestions that may enhance cyclist’s safety, including:(i)Wearing brightly or
fluorescent coloured clothing;(ii) Have lights fitted to the bike, front and back, especially for
night riding.(iii)Reflective garments, including reflectors fitted to the back of the rider’s shoes

2.3.7 Strategies to Curb Road Accidents


Because most traffic accidents are the product of several factors, the probability of accidents can
be reduced in a number of different ways. The WHO42 reports that:“Only 28countries,covering
7% of the world’s population ,have comprehensive road safety laws on five key risk factors:
drinking and driving ,speeding ,and failing to use motor cycle helmets ,seat belts, and child
restraints. These amere port further indicates, “Vera third of road traffic deaths in low-and

38
World Health Organization, (2013).Global Status Report on Road Safety 2013: Supporting a Decade of Action.
WHO. Geneva.
39
Op -ct
40
Mosedale et al (2004). Contributory Factors to Road Accidents in the UK. Online report
41
Op-ct
42
World Health Organization. Global Status Report on Road Safety 2013: Supporting a Decade of Action. WHO.
Geneva. 2013.

16
middle-income countries are among pedestrians and cyclists. However, less than 35% of low-and
middle-income countries have policies in place to protect these road users.
Therefore, it gives recommendations to curb the increasing toll of road traffic accidents that
focus on three strategic areas: (i)The institution of comprehensive legislations that meets best
practice on all key risk factors; (ii)The investment of financial and human resources in the
enforcement of these laws, with a component of raising public awareness on increasing
understanding of and support for such legislative and enforcement measures.(iii)Putting in place
efforts to make road infrastructure safer for pedestrians and cyclists.

Rapid economic development is being observed in many low-and middle-income countries,


including Tanzania, resulting in rapid urbanization and increased motorization. The increasing
number of motorized vehicles makes roads more dangerous for those road users who use
alternative modes of transport including those who walk, cycle and use motorcycles. Action is
needed in terms of effective policies and programs to make vehicles safer for non-car road users.

The WHO43 recommends: “In the context of rapid global motorization, governments must work
increasing safety and mobility for all road users, especially those most at risk.”Overall, the
following three main strategies have been proved to prevent the increase in accidents:

Overall, the following three main strategies have been proved to prevented the increase in
accidents:1.Education and training of (a) children in school by road-traffic instructors and school
teachers; and of (b) adolescents in the principles of safe driving and in good driving attitudes; by
(c) refresher courses for older drivers to bring home safe-driving principles and to refresh their
knowledge of traffic law; and by means of (d) newspaper, radio television, and other publicity, to
draw the attention of all road users both to dangers and to safe practices on the road.

2.Enforcement by (a) adopting reasonable and enforceable traffic laws which, at the same time,
are best designed to prevent accidents; (b) concentrating the time and energy of traffic officers
on the offences, locations, and times that feature frequently in accidents; and (c) thoroughly
testing new drivers to ensure they will not be liable to cause accidents.3.Engineering of vehicles
and roads: Vehicle engineering, comprising (a) regular inspection for a “warrant of fitness” to

43
World Health Organization. Global Status Report on Road Safety 2013: Supporting a Decade of Action. WHO.
Geneva. 2013

17
ensure that the main components of the vehicle are safe; (b) improving the design of the vehicle
to give ease of vision and control to the driver and so reduce the likelihood of injury in an
accident; (c) fitting safety equipment, such as seat belts.

Taking MBEYA road Fatal and Speaking at the launch of the National Road Safety Week on
September 17, 2019 President John Pombe Magufuli of Tanzania spelled out measures for
controlling road accidents in the country, including the following: (i)To use a point system on
drivers licence so as to ban drivers found to be repetitively causing accidents; (ii)Update road
traffic laws and regulations so they match current developments ; (iii) Reinforce the traffic police
section and the police force in general to enable them curb crime, including road accidents;
(iv)Promote public education and awareness on the impacts of road accidents(v)To provide
education to drivers, police and other road users; educate truck and bus owners on their role in
ending road traffic accidents; and(vi) Enforcement of standards and signs are in place and roads
are regularly maintained; mandatory vehicle inspection by traffic police to ensure that only
roadworthy ones on the roads

Road or traffic engineering comprises (a) the design of new roads which are inherently safe
(separating opposing traffic flows, eliminating cross traffic, and providing wide shoulders and
traffic lanes and good visibility); (b) Improving existing roads by realignment, improving vision,
and resurfacing slippery surfaces; (c) Regulating traffic movement by installing traffic signals,
traffic islands, road markings, and regulatory signs such as “stop” and “give way” signs; and (d)
assisting the driver with warning and destination signs to avoid danger and confusion.

According to the research report done by Komba44, on Risk Factors and Road Traffic Accidents
in Tanzania.45. Driver training is another factor in addressing road traffic accidents. Driving is a
complex activity that involves factors associated with the driver, vehicle, road and traffic
environment. Traffic accident survey in different places tends to show that human factors
specifically driver error are the most prevalent contributory factors in traffic accidents. Driver
education/training is a sensible alternative to trial and error learning that many young drivers
apply, especially given that errors can have such profound negative consequences such as

44
Komba, D. D. (2006). Risk Factors and Road Traffic Accidents in Tanzania: A Case Study of Kibaha
District.NTNU. Trondheim.
45
Op - ct

18
resulting in vehicle crashes and collisions on the road. Driver instruction must have as principal
goal to produce safer drivers. This means that, it is assumed that drivers exposed to formal
instruction should have lower crash rates than those who learn to drive

However, the most important factors for road traffic accidents remain those related to human
behavior. The behavior of drivers, motorists and cyclists, as well as that of pedestrians has been
blamed to account for the largest proportion of road accidents. This means, any efforts to control
road traffic accidents must be primarily directed at improving the human factors among different
road users. Unfortunately, the data have shown that this is not always the case. Most strategies at
national levels have not put enough emphasis on increasing road user knowledge on road safety
rules and options, or enhancing responsible behaviors on the road.

While it is established that pedestrians, cyclists and motorists are the largest victims of road
accidents, and de facto the most at risk groups, the literature could not ascertain how much legal
effort has been put in place targeting these groups with measure that address their vulnerabilities.
The contribution of this research is therefore to be seen in the sense that it will attempt to answer
the question, how effective is SUMATRA Laws and regulation rules towards reduction of road
accidents.

19

You might also like