Q&A – 26 December 2016
Flying kites on beach
I have started flying kites very high along coco beach. The police have started harrasing me that I cannot do so. We have had arguments with them and they have failed to shown me what provision of the law disallows me to fly kites. This is my country and I don’t see why I should be disallowed to enjoy my airspace. Am I doing the right thing? What about drones for video shooting?
YU, Dar
Flying kites at heights over 200 feet is illegal under our laws. The Civil Aviaton (Operation of Aircraft) Regulations states in Regulation 17 that (1) A person shall not, within the United Republic of Tanzania (a) fly a captive balloon or kite at a height of more than 200 feet above the ground level or within 200 feet of any vessel, vehicle or structure; (b) fly a captive balloon within an aerodrome traffic zone; (c) fly a balloon exceeding 6 feet in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, in controlled airspace; (d) fly a kite within an aerodrome traffic zone; (e) moor an airship; or (f) fly a free balloon at night, without the permission in writing of the Authority, and in accordance with any conditions subject to which the permission may be granted. (2) A captive balloon when in flight shall not be left unattended unless it is fitted with a device which ensures automatic deflation if it breaks. (3) An unmanned free balloon shall be operated in such a manner as to minimise hazards to persons, property or other aircraft.
Therefore flying a kite at heights over 200 feet is illegal and you may be charged for doing so as you are endangering the safe navigation of aircraft.
As for drones for video shooting, it is very likely that along the same spirit drones are also disallowed be it for video shooting or otherwise. We recommend you contact the Tanzania Civil Aviation Authority for more information.
Bajaj breakdown, refund of fare
I paid a Bajaj driver to take me to Ubungo bus stand. Nearly half way through, the Bajaj broke down and I had to use another Bajaj to ferry me. The first Bajaj driver refused to refund atleast 50% of my fare. Are there any rules I can refer to that can show me my rights in such a scenario?
FF, Dar
Fortunately under SUMATRA, there are specific regulations called the Transport Licensing (Motorcycles and Tricycles) Regulations 2010 which has a clear provision that states if such a journey as yours is terminated because of a breakdown, then the passenger is entitled to refund of the remaining part of the journey. Hence you were entitled to atleast 50% of the fare you had paid. If you wish to pursue this, you can report this to SUMATRA for action.
Commercial Court judgment not delivered
I went to the Commercial Court and we completed hearing and final submissions six months ago but the judgment has not been issued till date. I am disappointed. The Court has not lived upto to my expectations. What do I do?
GO, Dar
Generally the Commercial Court is a fast track Court. Commercial Court Rule 67 states that (1) The Court shall, at the conclusion of hearing deliver judgment within a period of sixty days in case of a judgment or thirty days in case of ruling. (2) Where a Judge fails to comply with the provisions of sub rule (1), he shall state in the Court record the reason for such failure. (3) Every judgment shall embody at the end a summary of the reliefs granted by the Court.
You will note that judgment must be delivered within 60 days. We recommend you go see the judge in charge or registrar at the Commercial Court who can address this issue.
Rights on my farm
I own a very large farm which has its own roads inside. Do I need to wear a seatbelt on my farm roads? Can I make my own rules for my roads? I want to get the feel of being home- can I drive on the right hand of the road. Are the police allowed into my private property? Are there any offences in the traffic laws that provide strictly for imprisonment?
TY, Morogoro
You must be reminded that you own a farm not a country and hence bound by the laws of Tanzania. The Road Traffic Act and the various traffic regulations dictate that one must wear a seatbelt at all times when driving on a road. Road is defined as any road, highway, way, street, bridge, culvert, wharf, car park, footpath or bridle path on which vehicles are capable of travelling and to which the public has access whether or not such access is restricted and whether subject to any condition, but does not include any road within the curtilage of a dwelling house. Bearing the above in mind, although you own the farm, you are still bound by the Road Traffic Act and cannot have your own rules or drive on the right hand side of the farm roads. Furthermore the police are allowed in any property, be it a farm or otherwise.
To answer your last question, section 40 of the Road Traffic Act is one of the sections that only provides, as a punishment, only a custodial sentence of a minimum of 3 years (without an option of a fine). It states that (1) Any person who causes bodily injury to, or the death of, any person by the driving of a motor vehicle or trailer recklessly or at a speed or in a manner which having regard to all the circumstances of the case, is dangerous to the public or to any other person shall be guilty of an offence.
(2) Any person who, while under the influence of drink or drugs to such an extent as to be incapable of having proper control of the vehicle, is in charge of a motor vehicle or trailer and by an act or omission in relation thereto causes bodily injury to, or the death of, any person shall be guilty of an offence.