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Decriminalisation of overload offences on the cards

18 May 2023 - by -
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Namibia is in the process of changing harsh legislation whereby transporters and drivers are held criminally liable for overload offences. So says a freight executive marketing corridors connecting the Port of Walvis Bay with hinterland destinations.Currently, truck drivers have a five percent grace on every load, but once they exceed this restriction, they are charged with overloading and have to appear in court, said the public sector representative who requested anonymity because the decision had not yet been gazetted.“This is over and above the fine issued to transporters, who should be responsible for overloading, not drivers.”The representative said the grace buffer was standard in countries like South Africa, but Namibia’s concern about its road conditions, reported to be the best in Africa by the World Bank, had prompted the government to throw the book at transgressors.“We’re the only country where transporters are fined and drivers detained, meaning it’s a kind of double punishment.“Government is reviewing this approach and will most likely decriminalise overload offences.“It means that, whereas fines will still be issued, drivers will no longer be detained and expected to appear in the dock the next day, trying to explain the actions of the people they work for.”The representative said that should the decriminalisation of overload offences go ahead, a new approach to repeat offenders would be introduced instead.“Transporters who continue to commit overload offences can expect to find themselves in the crosshairs. If they’re fined for a second or a third time, they will most likely be blacklisted and barred from working in Namibia’s road freight sector.”It is not clear when any finality can be expected about the overloading issue.

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