Newsflash 1014 of 06 July 2011
Mozambique New Road Code, Translation and Items to Note
Dear MCLI Reader
MCLI would like to thank our Cooperation Partner, ACIS, for making the translated version (translation sponsored by AVIS) of the new Mozambique Road Code available to our readers.
Please click HERE to download the translated version.
For more information on ACIS contact Carrie at email@example.com
ACIS – Better Business Together
Road Code, translation and items to note
Please find attached our translation of the new Road Code. Please find below a number of key issues we have picked up in the translation. Note that this list is not an exhaustive list and should not be substituted for a proper reading and understanding of the content of the code. We include some points below as an indication of the significant changes included and which drivers should be aware of.
• Code published on 23 March 2011, comes into effect 180 days later
• Article 10, paragraph 2 – Transit Police must be duly identified with their name and number displayed on their uniform
• Article 16, paragraph 3 – drivers may not have any part of their body outside the vehicle
• Article 33 – provides maximum speed limits for each type of vehicle. Fines for speeding vary according to the number of km/h over the speed limit the vehicle is going and vary between 1,000 – 8,000Mt
• Article 58 – deals in a limited form with transport of out of gauge loads
• Article 81 – deals with driving while under the influence of alcohol and provides the legal alcohol limits, fines are high and vehicles can be confiscated (Art 84)
• Article 87, paragraph 1 – drivers and passengers must use safety belts
• Article 87, paragraph 2 – motorcycle riders and passengers must wear government approved safety helmets
• Article 88, paragraph 1 – the provision of paid services is only permitted by drivers with a professional driving license (note that this has been being enforced prior to the introduction of this legislation to mean that any person paid to drive, such as company driver, is required to have a professional license, though it is not clear that this is a correct interpretation of this article)
• Article 89, paragraphs 1 and 2 – the use of telephones when driving is prohibited unless a hands free device is used – fine of 2,000Mt
• Article 91 – all vehicles with more than 3 wheels must be equipped with safety triangles and a reflective vest
• Article 117 – deals with vehicle characteristics and indicates that all types of vehicles and their accessories must be of government approved standard. The import of left-hand drive vehicles for commercial purposes is prohibited
• Article 119 – all vehicles may be subject to compulsory inspection
• Article 126, paragraph 10 – any holder of a SADC driving license who establishes residence in Mozambique must notify the Mozambican Authorities within 180 days so that the drivers register can be updated
• Article 129 – deals with driving licenses issued by states other than Mozambique. Note that in paragraph 5 international driving licenses may only be used by those who do not have residence in Mozambique
• Article 131 – deals with exchange of driving licenses, for example to obtain a Mozambican license if currently driving with a foreign license
• Section VI – deals with responsibility, infractions, fines, contraventions and sanctions, which can include seizure of the vehicle, driving ban, fines and imprisonment. Note that seizure of vehicles, driving bans and removal of the driving license or vehicle logbook are extreme measures and are treated as such in the legislation, these are not things that can be done by the transit police at the side of the road (with the exception of seizure of vehicles from drunk drivers)
• Articles 151 – 155 - deal with accidents, responsibility, liability and punishment. Note that abandoning the scene of an accident is treated very seriously and can result in a prison sentence
• Article 157 – all vehicles must have third party insurance
• Article 170 – if any contravention is found to have occurred a written report must be prepared and must include the name and number of the officer preparing the notification as well as details of what contravention is held to have taken place
• Article 172 – if a notification is made the driver or vehicle owner (depending on who is legally liable) has 15 days to voluntarily pay the fine or to contest. Payment can be made at any provincial transit police department, police station or provincial driving department (INAV delegation) – the law does not provide for paying spot fines to transit officers
VEHICLE LICENSE PLATES In the case of vehicle license plates, these are being changed gradually. Currently newly imported vehicles are receiving the new licenses. However many provinces do not have the equipment and licenses operators in place to issue SADC-approved license plates, so provisional plates are being issued and these will be replaced when authorized operators with the correct equipment are in place.
We do not yet have information about the date by which all vehicles in the national fleet will need to have the SADC-approved license plates, as soon as we have the information we will share it with you. However on this issue there is no need to panic as there is no immediate upcoming requirement for all license plates to be changed.
DRIVING LICENSES In the case of driving licenses the situation is more urgent. The new Road Code (sent to you yesterday) requires a number of changes in respect of the type of driving licenses which can be used on Mozambican roads. We draw your attention to Title V of the Road Code which regulates the legal qualifications and documents required to drive in Mozambique.
By the time the new Road Code comes into force all Mozambicans must have converted their licenses to the new SADC-approved license
Any changes to residential address of a license-holder must be communicated to the authorities within 30 days
Drivers using a SADC license:
Must communicate to the Mozambican authorities within 180 days of taking up residence or changing address, their residential address in Mozambique
The following licenses may also be used (see Road Code article 129):
a) Special driver´s licenses issued by the diplomatic corps and consular posts accredited in the country
b) Driver´s licenses issued by other SADC member States;
c) Driver´s licenses issued by a foreign State, which the State of Mozambique has been obligated to recognize, by international convention or treaty;
d) Driver´s licenses issued by a foreign State, provided that this State gives identical validity to national licenses;
e) International driver´s licenses;
f) Military driving authorizations.
However Article 129 paragraph 5 provides that “The holders of the licenses referred to in lines d) [Driver´s licenses issued by a foreign State, provided that this State gives identical validity to national licenses] and e) [International driver´s licenses] of no. 1 shall only be authorized to drive motor vehicles if they do not have habitual residence in Mozambique”
Therefore it is possible that the definition of “habitual residence” can be interpreted to include anyone with a DIRE (this interpretation is supported by Article 131 paragraph 5). In this case anyone with a DIRE either needs to have a license falling into a), b), c) or f) above or will need to convert their current driving license to a Mozambican one.
Methods of conversion of a foreign license to a Mozambican one are described in Article 131 of the Road Code. In most cases, as long as the foreign license uses the classification codes used by SADC (for example licenses issued by the European Union countries), then conversion requires the applicant to sit a theory exam and undergo a medical examination. However in cases where the classification codes used are not equivalent to those used by SADC the applicant may be required to take a complete new driving test. This is for example the case with holders of Zimbabwean metal licenses (which should be converted to SADC-approved licenses in Zimbabwe).
Certain countries, notably Brazil, have an agreement with Mozambique for mutual recognition of each other’s licenses, meaning that licenses can simply be exchanged for Mozambican licenses. However the licenses must be exchanged.
If you are in any doubt about the status and validity of your driving license please do the following:
• Contact your home country embassy or the embassy of the country which issued your driving license to determine what, if any, agreements they have with Mozambique in respect of mutual recognition of licenses
• Contact INAV to determine what they understand to be necessary for you to exchange, convert or be issued with a new license
Please note that as a practical matter the time needed to gather the documents required, undertake the medical examinations and so on, as well as the time taken to issue licenses can be significant and it is therefore important that you begin looking into this issue as soon as possible if you think it will affect you.
Phytosanitary control measures for wood packaging material
MEMORANDUM TO: Clearing Agents &Transporters Importers
FROM: APIS-Beitbridge Port of Entry
South Africa as a member of the World Trade Organization (WTO) and the International Plant Protection Convention( IPPC) has to apply international standards with regard to phytosanitary measures for wood packaging material used for transporting commodities across borders. Wood packaging material include the following: pallets, crates, dunnage, pallet collars and skids made from raw coniferous and non-coniferous wood.
The Agricultural Pests Act, 1983 (Act 36 of 1983) determines that all wood packaging material used for import and export should be marked according to these international standards. These control measures include a standard treatment and marking of wood packaging material and the implementation of control measures at Ports of Entry / Export. Companies responsible for the treatment of wood packaging material should be registered with the National Plant Protection Organization.
During an inspection on your cargo it was observed that the wood packaging material is not in compliance with the abovementioned directive. You are hereby reminded that in future your consignments will be refused entry or exit if the wood packaging material is not marked correctly.
Please contact this office if you need assistance in this matter or have any queries or need more information. Alternatively you can contact the national coordinator in Johannesburg at Tel. 011 3907520 or email: firstname.lastname@example.org or the national office in Pretoria at Tel. 012 3196399 or email: PatriciaM@daff.gov.za
A list of companies registered to treat wood packaging material can be obtained from this office.
Your co-operation will be highly regarded.
EU REGULATION 1875/2006 (AKA 'THE 24 HOUR RULE') ADVANCE CARGO-DECLARATION REGIME
Members are reminded that effective the 1st of January 2011 all European Union countries including Norway and Switzerland will implement Commission Regulation (EC) No 1875/2006 better known as the “24 Hour Rule”.
The rule, similar to that implemented in the United States some time ago and known as the Cargo Security Initiative (CSI), requires that for all cargo entering the EU Carriers must submit an Entry summary declaration (ENS) to the first port of call in the EU; at least 24 hours before cargo is loaded onto the vessel bound for the EU; at the non-EU port of loading. This declaration includes comprehensive information on the cargo, including, inter alia, shipper, consignee, container and seal number, cargo description, HS number, package type and number.
Ocean carriers serving the European-Southern African trade route have posted further information on their web sites at the hyper links listed below.
It is recommended that members and their clients make themselves aware of these requirements and make any operational changes necessary to ensure the required information is submitted to carriers within the time limits.
The impact of the three week closure is now clear as stack occupancy reaches critical levels. When yard space begins to exceed optimum levels overall performance suffers on both water and land side. With occupancy at 86% at 06.00 on the 7th of June difficulties in performing up to target levels are being experienced.
Volumes across quay have returned to previous levels but are short of target whilst moves per hour have materially declined from the levels experienced on the first days of the return to work.
Both Terminals suffered +- 4 hour electrical outages overnight 6/7th of June. Truckers advise that DCT road traffic is moving satisfactorily however congestion at Pier 1 is being experienced.
06.00 7th June: (n.b. records Sunday work)
Moves across quay: 4852
Road moves out (imports): 938
Road moves in (Exports): 1152
Rail import loaded: 318
Rail Export Discharged: 240
TEUS in Stack: 23729
Moves across quay: 1716
Road moves out (imports): 239
Road moves in (Exports): 467
Rail import loaded: 82
Rail Export Discharged: 134
TEUS in Stack: 4038
Vessels at Anchor
CSAV LA LIGUA
ORANGE RIVER BRIDGE
HANJI RIO DE JANERIO (Pier 1)
MSC VENEZIA (Pier 1)
Vessels in port awaiting berth:
SITUATION AT GROBLERS BRIDGE
SAAFF have been advised by Customs Head Office that a recent communication regarding clearances and transit traffic through the Groblers Bridge / Martins Drift Border post is incorrect and a correction will be issued shortly.
The situation is that the post is a SACU only post and is therefore not able to accept submission of international entries. As a result Export and Removal in Transit entries must be processed at an office designated to handle such clearances prior to arrival at the Border. Effectively transit and export cargo arriving at the post must have been pre-cleared.