Nekundi shifts fine responsibility to vehicle owners
Minister of works and transport Veikko Nekundi yesterday directed traffic officers to stop fining taxi, bus and truck drivers for mechanical failures.
This directive is aimed at shielding drivers, who are seen as business owners, from high fines.
Nekundi said this directive serves as a social justice net for drivers who have endured injustices for many years.
“I give a clear directive to traffic law enforcement under the jurisdiction of national and local authorities. The directive mandates that, first, all citations related to vehicle defects, maintenance issues, loading of equipment, and non-compliance must be issued to the registered operator of the vehicle and not the drivers,” he said.
He also directed that officers must ensure their practices align with the legal framework that distinguishes between driver responsibilities and operator responsibilities.
He said this directive must be spread across all regions and be implemented with immediate effect. Nekundi stated that the directive is part of the ministry’s aim to promote and protect drivers from being penalised.
This, he said, is to enhance resources to address other matters as opposed to oppressing drivers who continue to be at the receiving end, and who are already struggling to make ends meet.
“It has come to my attention through numerous public presentations, transport associations and truck drivers, that there exists a troubling trend when it comes to traffic law enforcement,” he added.
Nekundi revealed that citations are increasingly being issued to drivers for vehicle defects and compliance issues that fall entirely outside their control and legal responsibilities.
According to Section 64 of the Road Traffic and Transport Act, 32 of 1999, Nekundi said such practice is not only incorrect but fundamentally unfair to drivers.
He said these penalties are supposed to be for vehicle owners. He added that both the road traffic and transport law clearly sets out the responsibilities of both drivers and owners of vehicles.
Owners of vehicles operating as taxis and buses are required to ensure their vehicles are roadworthy and well maintained.
Nekundi said such responsibility has shifted to drivers, while owners of vehicles evade penalties.
Namibia Bus and Taxi Association secretary general Pendapala Nakathingo welcomes the directive.
He, however, foresees a hike in traffic fines for vehicle owners as drivers employed by operators may become reckless and not report mechanical failures since they can no longer be fined for it.
“I commend the minister. For far too long our drivers have become a target for ticket issuance by traffic officers. But there must be a shared responsibility between the owners and drivers,” he says. Nakathingo says as per regulations, there must be a checklist for all drivers before driving to ensure the vehicle is fine. Failure to do so, he proposes, should result in the driver being fined.
The same should apply to drivers who fail to report mechanical failures to their employers or operators.
He says before the minister makes any further proposals concerning transportation, he should communicate for further advice.
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