Non-Tariff Barriers

Complaint

Complaint number

NTB-000-958  

NTB Type

8.6. Vehicle standards  

Complaint

The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.

On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.

According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.

Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.

The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.

Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
 

Status note

Mozambique reported that the notice of fine issued on the Dondo Bascula to the driver Mbewe Clevery, should not be dealt with under the Traffic Code, since in Mozambique, the lack of an indicative record of Gross Weight and Tare vehicle is provided for in article 67 of the Regulation for the Transport of Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. Fines for non-compliance with RTVAR rules are listed in Annex VII, pursuant to 1 of article 134.
In cases where there are irregularities in the drawing up of the infraction notice, paragraph 3 of article 134 of the RTVAR gives the driver the right to file a complaint with the National Institute of Land Transport (INATTER) within 15 (fifteen) days from the date of issue of notice. The complainant does not provide any proof of payment, which makes it uncertain whether he paid it or not.
Steps will be taken to improve oversight at this scale and across the Corridor. Contact telephone numbers will be available at weighbridges and checkpoints for clarification and complaints.  

Progress update note

On 12 October 2021, Mozambique Focal Point reported that: The lack of registration indicating Gross Weight and Tare of the vehicle is provided for in Article 67 of the Regulation of Transport in Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. The fines for violations of the RTVAR rules are listed in Annex II, pursuant to paragraph 1 of Article 134.
In those cases where there are irregularities in the issuance of the fine notice, paragraph 3 of Article 134 of the RTVAR entitles the driver to submit a complaint to the National Institute of Land Transport (INATTER) within fifteen (15) days from the date of issuance of the said notice. The complainant does not provide any proof of payment, which makes it uncertain to know whether he has paid it or not.
Measures will be taken to improve supervision in this weighbridge and throughout the Corridor. Contact phone numbers will be made available at weighbridges and checkpoints for the purpose of clarifications and complaints.  

Policy or regulatory NTB

No 

Location

Mozambique: Dondo Weigh Bridge -19.578854, 34.728999 (Weighbridge)  

Reporting Country or Region

 

Country specific trade issue

No  

Date of incident

2020-05-20  

Status

Resolved  

Date of resolution

2022-10-20  

Product Description

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

MTn20 000.00  

Date reported

2020-05-21 15:15  

Modified

2022-10-20 09:11