Non-Tariff Barriers

Complaint

Complaint number

NTB-000-562  

NTB Type

8.1. Government Policy and regulations  

Complaint

This complaint is registered by FESARTA.
The Kenya National Highways Authority (KENHA) is enforcing the axle load limits, rather than the GCM limit for the vehicle combination.
This is seriously compromising the ability of the transporters in Kenya to operated effectively and the Kenya Transporters Association (KTA) has taken the matter to court.
Some comments by the KTA:
1. KENHA is implementing this axle load rule on an axle by axle case rather than group axles. We realize the official position is group axle because when our enraged members stormed the Mariakani weighbridge yesterday, they promptly switched to weighing on group axles and giving a 5% tolerance, a matter that had hitherto not happened.
2. Their axle weights are 8-16-24 rather than 8-18-24 as the case is said to be in Tanzania. To comply here means one can’t optimize on his load.
3. The Traffic Act in Kenya requires an offender in this case is taken to court, fined and then made to redistribute cargo so that each axle is in conformity before the truck can proceed. The complication arises when the cargo is containerized transit goods which cant be opened sice continer is sealed and opening is criminal!
4. Similar complications arise in the case of liquid cargo which moves rapidly even when truck is being weighed or “sandy” like cargo such as clinker and the like which shifts depending on road terrain/condition or upon braking.
5. Our members are now forced to load 22 to 24 tons of the above cargo instead of the normal 27 tons. Unfortunately the overheads do not come down at all and they are now left with no option but to raise their rates by a similar margin. The question is whether our corridor and hinterland can afford such excessive costs.

FESARTA has drawn up a proposal to solve the problem and it is attached to this complaint.  

Status note

On 03 July 2014 FESARTA Kenya was about to sign a Load Charter with its transporters, which covered this issue therefore the NTB should be considered resolved.  

Progress update note

On 5 December 2013, Kenya Focal Point requested complainant to confirm if the NTB was still being imposed. The message was passed on to complainant for response.  

Policy or regulatory NTB

No 

Location

Kenya: Throughout Kenya (Other)  

Reporting Country or Region

Kenya  

Country specific trade issue

No  

Date of incident

2012-12-10  

Status

Resolved  

Date of resolution

2014-07-03  

Product Description

All products

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

0  

Date reported

2012-12-22 21:16  

Modified

2014-07-03 13:40