BCC proposes stringent by-laws

Sikhumbuzo Moyo, Senior Reporter

BULAWAYO City Council (BCC) has proposed new stringent by-laws that will see impounded vehicles unclaimed for 30 days being auctioned while dirty ones will be removed from the city roads or any area under council jurisdiction.

Under the proposed new by-laws, motorists will also be required to foot medical bills for any person employed or delegated by the city council to tow an impounded car to the storage facility in the event that they get injured in an accident. 

Failure by the vehicle owner to take responsibility for the bill will result in the council selling the vehicle at an auction to recoup the medical expenses of its employee. 

The latest development follows a proposal by the Bulawayo City Council (BCC) to repeal the city’s roads and traffic by laws of 1978, ( Municipal Roads and Traffic Laws) (offences and fixed penalties) and Clamping and Tow-away by-laws, published in Statutory Instrument 63 of 2015.

Some of the proposed raft of changes in the BCC by-laws are that abandoned vehicles and trailers will be given a 10-day notice to be removed, failure of which council shall tow them to a secure compound with the owner incurring the storage expenses. 

“Abandoned motor vehicle shells and wreckages, those with punctured tyres, parked in council bays or any council land unlicensed in terms of the Road Traffic Act shall be regarded as dirt and nuisance and removed immediately to a secure compound without notification at the owner’s expense,” read the new by-laws. According to the proposed new regulations, any person who unlawfully attempts to obstruct or obstructs any person exercising their duties under these by-laws or attempts to remove a wheel clamp or an impounded vehicle from a secure compound shall be guilty of an offence and liable to a fine not exceeding level three or imprisonment for a period not exceeding one year or both fine and imprisonment.

In terms of the proposed new law (Clamping and Tow-away) By-laws, 2022, an authorised person, provided is licensed according to the Road Traffic Act (Chapter 13:11) may drive an impounded vehicle to the storage compound at a cost equivalent to that of tow fees. 

“An authorised person, provided is licensed according to the Road Traffic Act (Chapter 13:11) may drive an impounded vehicle to the  storage compound at a cost equivalent to that of tow fees. 

“Any accident, harm or injury to both the authorised person and impounded vehicle/motor vehicle shall be the responsibility of the owner of the vehicle together with medical expenses that may occur thereto and the car might be sold by council at an auction in the case the offender fails to such a responsibility,” read the by-laws.

However, in the case of either a co-operating or first time offender, an authorised person may escort the offender to a secure compound with the owner or driver of the offending vehicle driving.

According to section 3 (b)) of the Bulawayo (Clamping and Tow-away) By-laws, 2022, any person or driver who drives or takes an escorting detail to a place other than storage yard shall be liable to charges of kidnapping or any other charge in terms of the criminal laws.

 “Any accident, harm or injury to both the authorised person and impounded vehicle/motor vehicle shall be the responsibility of the owner of the vehicle together with medical expenses that may occur thereto and the car might be sold by council at an auction in case the offender fails to take such a responsibility,” read the part of the proposed by-laws.  Any person or driver who drives/takes an escorting detail to a place other than storage yard shall be liable to charges of kidnapping or any other charge in terms of the criminal laws.”

Bulawayo lawyer, Mr Matshobana Ncube said while it makes sense for council to allow a co-operating or first time offender to be escorted by an authorised person to a storage facility while driving their car, it is however wrong for the owner to be liable in terms of meeting medical expenses in the event of accident involving an authorised person.

“Legally, council and its employee or person it delegated to drive the offending car to the storage facility should be liable vicariously for the accident and damage to the vehicle not the owner. 

“However, it should be the other way round when the owner of the car would be driving his or her own car,” he said.

Section 9 (a) of the proposed by-laws indemnifies council against any damages that may occur in the opening by authorised persons of motor vehicles that will be subjected to towing and any vehicle whose owner or driver fail to pay before close of business shall be towed to a secure compound with or without owner’s consent.

Section 9 (b) proposes that vehicles that load passengers from undesignated areas, those that do not meet Road Motor Transport Act,

Public Service vehicle requirements and those engaged in piracy whether locally or foreign registered, may after clearing fines with council be handed over to the Vehicle Inspectorate Department (VID), Zimbabwe Revenue Authority (Zimra), police or any other Government arm of the law for inspection and clearance.

In a notice yesterday, Bulawayo acting town clerk, Mrs Sikhangele Zhou said copies of the proposed by-laws are open for inspection at the City Hall during working hours on weekdays.

She said any objections to the proposed by-laws should be lodged at the council offices on or before December 1, 2022. 

BCC in partnership with a private company, Tendy Three International (TTI) introduced the new parking system in February. Cabinet-approved US$2 million Bulawayo Vehicle Parking Management System.

BCC approved the company’s tender application last year on July 10. Under the arrangement council receives 30 percent of the collected parking fees while the company gets 70 percent. 

Bulawayo businesses and residents associations have insisted that fees under the new parking system are exorbitant and should be reviewed —  @skhumoyo2000

Article Source: The Chronicle