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{
    "id": 740738,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/740738/?format=api",
    "text_counter": 58,
    "type": "speech",
    "speaker_name": "Hon. Shimbwa",
    "speaker_title": "",
    "speaker": {
        "id": 1345,
        "legal_name": "Omar Mwinyi Shimbwa",
        "slug": "omar-mwinyi-shimbwa"
    },
    "content": "(a) by deleting sub clause (2) of the proposed section 105B and substituting therefor the following new sub clause (2)– “(2) Notwithstanding subsection (1), a motor vehicle designated for transporting children to or from school or for any non-school related activity when they are in a group shall– (a) be fitted with safety belts designed to be used by children; (b) be painted in yellow colour and have other signage as may be prescribed; (c) comply with the conditions imposed on public service vehicles under this Act; and (d) not operate between the hours of 10:00 pm and 5:00 am.”; (b) by deleting sub-clauses (3), (4) and (5); (c) In sub-clause (6) by inserting the following new paragraph immediately after paragraph (c)- (d) in sub-clause (7) by deleting the words ‘of fifty thousand’ appearing immediately after the word ‘fine’ and substituting therefor the words ‘not exceeding thirty thousand’; (e) by deleting sub-clause (8) and substituting therefor the following new sub-clause (8)- “Notwithstanding subsection (7), a person who being the registered owner or driver of a vehicle used for transporting children, who authorizes or permits the use of a vehicle used for transporting children or is negligent to prevent contravention with this Act commits an offence and shall be liable to a fine not exceeding thirty thousand shillings or imprisonment for a term not exceeding two months, or to both.”; and (f) by inserting the following new sub-clauses (9) and (10) immediately after sub-clause (8)– “(9) Subsections (1), (2)(a) and (b) shall come into force within twelve months after the enactment of this Act. (10) The Cabinet Secretary shall, within a period not exceeding twelve months after the enactment of this Act, make the Regulations prescribing matters required to be prescribed under this section.’’. The amendment in Sub-section 2 seeks to give more clarity on the specific requirement that a vehicle transporting children must comply with. Deletion of Sub-section 4 ensures that private vehicle owners who may, sometimes, carry children in their vehicles shall not be under an obligation to fit their vehicles with the same devices as the vehicles specifically designated to carry children. Deletion of Sub-section 3 and Sub-section 5 would be necessary as the specific requirements have been stipulated in Sub-section 2. Amendments of Sub-section 7 seek to provide a more lenient fine to persons who contravene the provisions of this section. Sub-section 8 as it is has the effect of imputing liability on owners, managers and teachers in schools. This will not be proper as teachers will be punished for offences for which they have no control. It is, therefore, proper to impute such liability strictly on the registered owners of such motor vehicles. Thank you, Hon. Chairlady."
}