EAC members fail to reach deal on axle load rule

By Luke Anami

Efforts to harmonize axle load and vehicle weight limit in the East African Community received a setback when Kenya declined to adjust its axle load maximum limit from its current 48 tonnes to 56 tonnes.

The second Stakeholder meeting on the "Study for the harmonisation of vehicle overload control laws and regulations in EAC" held in Nairobi on Monday this week resolved to have all EAC partner states agree to a maximum axle load limit at the weighbridges at 56 tonnes.

This was indeed agreed by EAC partner states subject to confirmation by country consultations to be finalised by May 31. But at the end of the consultative meeting on Tuesday Kenya was still insisting on 48 tonnes and at most 52.

While Tanzania and Uganda axle limits stand at 56 tonnes, Rwanda and Burundi is at 53 tonnes.

Kenya, which has a legal limit of 48 tonnes, argued that most of transit traffic to the landlocked countries of Uganda, Rwanda and Burundi passes through its roads.

Roads in Kenya carry more than 90 per cent of freight cargo. Ideally, most of this cargo should be transported through the rail. This situation has put unprecedented strain on the roads, and an urgent need to control vehicle weights.

The Government has invested over Sh80 billion in infrastructure, which is at risk unless Axle load regulations are observed.

For instance, a six per cent overloading leads to 31 per cent extra damage and a 19 per cent overload leads to more than double the damage to the road.

Repair cost

Further, it costs taxpayers about Sh100 million to rehabilitate a one-kilometer road. Rehabilitation here means the complete demolishment of the existing road and starting afresh.

According to industry experts, overloading leads to higher road construction and maintenance costs and it endangers bridges across the road network.

Further, the process to adjust the tonnage will take longer as the country’s laws legally impede it. Attempts to change the laws will take a longer period of time.

Tanzania, which is also a member of the Southern African Development Community (SADC) is said to have insisted on the 56 tonnes, which is acceptable in to SADC member states.

New mandate

The application of different procedures and basis on axle load control has been raised as a major challenge at past EAC Ministerial Council Meetings.

The EAC Secretariat has been mandated by the Ministerial Council to fast track discussions to have the matter resolved.

But Kenya’s latest stand on the issue means that EAC partner states will have to wait a little longer before members harmonise axle load. All is not lost however.

A positive outcome of the consultative meeting was that all the five EAC member countries agreed to decriminalise overload fines imposed at weighbridges and administered by the courts.

Vehicles that overload will instead be penalised and pay a fee to cover the distance of damage covered by the truck, which will be collected by the Road Authorities of partner states.

The meeting agreed to formulate an EAC Act that will operationalise axle load limit requirements in the region.