..What does traffic law say…
By Twink Jones Gadama
The role of traffic police in ensuring road safety cannot be overstated. In Malawi, where road transportation plays a crucial role in connecting communities, traffic police have been given the responsibility to enforce traffic laws and maintain order on the roads.
Confiscation of driver’s licenses is a significant measure implemented by the authorities to deter reckless driving and promote responsible road behavior.
This write will explore the circumstances under which Malawi’s traffic police may confiscate licenses of minibus drivers, highlighting the relevant traffic laws governing this practice.
Reckless driving and excessive speeding
Malawi’s traffic laws empower the police to confiscate a minibus driver’s license when they engage in reckless driving or excessive speeding. Section 62 of the Road Traffic Act allows for the suspension or revocation of a driver’s license if the driver is found guilty of “dangerous or reckless driving” or “driving at a speed that exceeds the limit prescribed for that class of vehicle.” This provision provides a clear basis for traffic police to take action against mini-bus drivers who endanger the lives of commuters and other road users.
Overloading and Failure to comply with vehicle standards
Another circumstance warranting the confiscation of minibus driver’s licenses in Malawi relates to overloading and failure to comply with vehicle standards. According to Section 104 of the Road Traffic Act, it is an offense for the driver of a public service vehicle, including minibusses, to carry more passengers than permitted by law.
Additionally, Section 85 emphasizes that all vehicles must conform to prescribed safety and roadworthiness standards. If minibus drivers are found in violation of these provisions, traffic police have the authority to confiscate their licenses to ensure compliance with the law and mitigate the risks associated with overloading or poorly maintained vehicles.
Drunk driving and substance abuse
In line with international road safety standards, Malawi has stringent laws governing drunk driving and substance abuse. Section 269 of the Road Traffic Act makes it an offense for a driver to operate a vehicle while under the influence of alcohol or drugs. When traffic police determine that a minibus driver is driving while impaired, they are empowered to immediately confiscate the driver’s license and take necessary legal action. This measure aims to protect passengers and other road users from the dangers posed by drunk driving.
Repeated traffic offenses
Malawi’s traffic laws provide provisions for the confiscation of driver’s licenses if a driver repeatedly commits traffic offenses.
Section 69 of the Road Traffic Act allows the Director of Road Traffic and Safety Services to suspend or revoke a license when the driver accumulates a certain number of demerit points within a specified period.
By implementing this provision, traffic police can more effectively deter repeated traffic offenses by mini-bus drivers, ensuring safer roads for all.
Failure to comply with traffic police instructions
Lastly, Malawi’s traffic laws deem it an offense to fail to comply with lawful instructions given by traffic police officers.
If a minibus driver refuses or neglects to adhere to instructions at traffic checkpoints, accident scenes, or during routine traffic stops, their license may be confiscated, and appropriate action may be taken.
This provision empowers traffic police to maintain order on the roads and ensure that drivers cooperate with legal procedures.
In conclusion, Malawi’s traffic laws provide clear guidelines for the circumstances under which traffic police have the authority to confiscate minibus driver’s licenses.
These circumstances primarily include reckless driving, excessive speeding, overloading, failure to comply with vehicle standards, drunk driving, repeated traffic offenses, and failure to comply with traffic police instructions.
By enforcing these provisions, traffic police aim to create a safer road environment, protect passengers, and deter irresponsible driving practices.
Strict implementation of these laws will contribute to enhanced road safety and overall transport efficiency in Malawi.
Disclaimer: The views expressed in the article are those of the author not necessarily of The Maravi Post or the Editor
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