By JOWIT SALUSEKI –
ON May 11, 2019, Kahilu Chiyaka of Ndola lost her uncle in a road accident at Marshlands area of Jesmondine in Lusaka.
According to Ms Chiyaka, her uncle was run over by a speeding vehicle.
It was a hit and run accident.
The motorist was convicted and fined K1000 by the courts of law for dangerous driving.
Ms Chiyaka’s story is not different from others who have had their relatives killed or left with injuries sustained from various road traffic accidents.
In the last 10 years, official statistics indicate that Zambia has been witnessing an increase in the number of road fatalities.
Now to curb the vice, recently, Zambia passed a law that will enable motorists and pedestrians to observe traffic rules, stopping of buses, boarding and alighting, prohibits pedestrians from using headphones or talking on the phone while crossing the road, among others.
Statutory Instrument (SI) Number 76 of 2022, signed by Transport and Logistics Minister Frank Tayali, is aimed at enhancing positive road user behaviour in a bid to save lives and prevent injuries on the Zambian roads.
The SI warns that violators of the law will be subject to a fine not exceeding 1,000 penalty units equivalent to K300 upon conviction.
Commenting on the SI 76, Ms Chiyaka earlier quoted in the article said she was happy that finally the Government through Road Transport and Safety Agency (RTSA) had come up with a stiffer penalty to police the behaviour of both motorists and pedestrians.
“I only hope this piece of legislation will be followed as it can help in bringing sanity on the Zambian roads. My uncle who was a breadwinner and a member of staff at the University of Zambia was killed by an over speeding driver who failed to slow down at a Zebra crossing at Marshlands in Lusaka,” she said in an interview.
Ms Chiyaka added, “Unfortunately, the erring motorist was only charged K1, 000 for the offence.”
But others such as Kelvin Mbewe, a resident of Ndola says relevant authorities must sensitise students especially those in higher learning institutions who feel they have the monopoly to the use of the road.
“I am sure you have observed how students take their time while crossing the road, sometimes even on the Zebra crossing , they don’t even bother to be in a hurry or to be mindful of the other road users, ” he said.
He also wondered how the SI was going to be effectively rolled out and efficiently policed because traffic officers have on several occasions also been fingered for abrogating the traffic rules.
According to the summary of the provisions of statutory number 76 of 2022, pedestrians are not supposed to cross the road while using a phone.
A pedestrian shall not cross a public road while wearing headphones or earphones or talking on a mobile phone.
A person who contravenes this regulation commits an offence and is liable , on conviction, to a fine not exceeding one thousand penalty units(K300).
Pedestrians and motorists are supposed to observe traffic lights.
A pedestrian shall wait for the traffic lights to turn red for motor vehicles to stop, before crossing a road junction that is controlled by traffic lights.
A driver of a vehicle shall give the right of way to a pedestrian who is on a pedestrian crossing which is not controlled by a traffic sign, school traffic warden, road traffic inspector or a police officer.
However, a pedestrian shall not exercise a right of way without offering a driver of an oncoming vehicle a reasonable opportunity to stop the vehicle before crossing.
A person who contravenes this regulation commits an offence and is liable, on conviction, to a fine not exceeding one thousand penalty units(K300).
On stopping of buses, boarding and alighting, a bus driver shall only stop to pick or drop passengers at a bus station.
A person shall board or alight from a motor bus if the motor bus is stationary at a parking place designated for motor buses or a bus stop and the bus should not exceed three minutes.
A person who contravenes this regulation commits an offence and is liable, on conviction, to a fine not exceeding one thousand penalty units (K300) or to imprisonment for a term not exceeding three months or both.
On allowable distance of heavy goods vehicles, a driver of such a vehicle, where there is free flow of traffic, maintains a distance of 50 metres when following a heavy goods vehicle.
A person who contravenes this regulation commits an offence and is liable, on conviction, to a fine not exceeding one thousand penalty units (K300).
“For drivers, the SI has guided that they give way when pedestrians are using a pedestrian crossing which is not controlled by a traffic officer, traffic warden or police officer,” says Fredrick Mubanga, who is RTSA Head of Public Relations.
The SI further states that cyclists must at all-time have one hand on the handlebars while cycling.
“The latest step by the southern African nation is among measures designed to reduce the number of road accidents, which have continued to rise,” RTSA stated in the statement.
According to the latest statistics from the Zambian Police, the country recorded 9,070 road accidents nationwide during the fourth quarter of 2022 compared to 8,505 during the same period in 2021, or an increase of 565.
During the period under review, 501 accidents were recorded as fatal road traffic accidents in which 570 people were killed, while 877 were recorded as serious injury accidents in which 1,501 people were seriously injured.
While it remains to be seen how the SI 76 will be implemented locally, on July 1, 2015, France just like Zambia made sweeping changes to enhance road safety.
Among the road safety offences include no headphones, no listening to loud music, no eating, zero alcohol for young drivers, no applying makeup while driving and no smoking with children on board.
Those who defy the traffic rules face fines of up to $ US 200(close to K4,000).