Non-Tariff Barriers

Complaint

Complaint number

NTB-000-609  

NTB Type

7.1. Arbitrariness  

Complaint

This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.

The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.

This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.

Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors.  

Status note

Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations .

On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated.
Botswana was given till March 2015 to complete this.

FESARTA advised that this NTB be considered resolved on the above basis.

Please remove the NTB.  

Progress update note

On 20th January 2014, Botswana focal point provided the following feedback from the consultative process:
1. The legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m. This is as per the requirements of the SADC Protocol on Transport and Metereology.

2. There is no allowance in the regulations for inclusion of any other fitted devices to the vehicle; they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long.

3. For ease of identification of officers, all Weigh bridge personnel from April 2014, as part of their uniform will have mandatory name tags identifying them and their roles

4. On 14 November 2014, FESARTA reported that they were consulting their members to establish their views taking into account the explanations given by Botswana on this issue.  

Policy or regulatory NTB

Yes 

Location

Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road (Weighbridge)  

Reporting Country or Region

South Africa  

Country specific trade issue

No  

Date of incident

2013-11-05  

Status

Resolved  

Date of resolution

2014-11-24  

Product Description

All products

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

0  

Date reported

2013-11-05 13:38  

Modified

2014-11-25 11:50