Keeping drivers records

I own two taxis in the city of Dar es Salaam and employ two drivers. Last month, one of my drivers was involved in an accident and ran away. To this date, he is still at large. Strangely, police officers came to me and requested written records of the name and driving license number of the driver who ran away. I do not have such records, I only know his name. The police informed me that it is an offence not to keep such written records. I feel this is more of a labour issue than a traffic offence. How can I stop this harassment?
11 June 2012

An employer should not only keep his/her employee’s records for the purpose of compliance with the laws, but also for a number of other useful purposes. For instance, what if the employee steals from you, and you have no records to assist in tracing him or her?

Principally, although for different goals, both the Road Traffic Act (RTA) and the Employment and Labour Relations Act, require the employers to keep records of their employees.

In your case, reference is drawn to a provision of Section 79 of the RTA. This provision makes it mandatory for an employer of a driver of a motor vehicle or trailer to keep a written record of that driver’s name and his driving license number. It is obvious that you did not do this.
Section 113 of the RTA states that any person who contravenes or fails to comply with provisions of the Act is guilty of an offence, which is punishable with a fine or imprisonment. This means that, when Section 79 is read together with Section 113 of the Road Traffic Act, you will be found guilty of committing an offence and may be fined or imprisoned.

The police are right in what they are telling you. Therefore, we don’t see their behaviour as harassment. On a different note, we advise you to start keeping records of your drivers. This will help you ensure your compliance with the law, and also for your own good in running your business. Keeping employees’ records is not just a matter of law, but it reflects high standards of management in a business. Keeping your drivers’ records doesn’t only apply to you as a taxi company owner, it applies to everyone who employs a driver.

As for the current issue, we suggest you consult your lawyers.