K50,000 fine for failing to stop for pedestrians at designated crossing; Reminder on observance of some traffic rules

* K50,000 for overtaking a car that has stopped for pedestrians

* K2,000 for a pedestrian who suddenly enter the crossing as a car approaches

* It’s unfortunate that pedestrians also don’t understand the rules of the pedestrian crossing

* They just cross even if they see a speeding vehicle approaching the crossing

By Duncan Mlanjira

If there is one thing that most Malawian drivers are guilty of then it’s non-adherence to stopping at pedestrian crossings, observes social ills commentator, Mapopa Williams on Facebook.

Be warned, he says, “that next time you get flagged down for cruising through a pedestrian crossing, don’t say you were not warned” — it attracts a K50,000 fine if spotted by the traffic police officers.

This is in the Laws of Malawi that Mapopa provided as screenshot that indicates the K50,000 fine if “a driver fails to yield right of way to pedestrians [which is] contrary to section 16 (2) of the Act”.

Another fine of K50,000 is for a motorists who passes a car that has stopped for a pedestrian.

Mapopa decided to share the laws on social media after encountering an incident in which he had stopped for a minor to cross the road at a designated spot but the motorist behind him kept blaring his horn incessantly and flashing his lights for him to move on.

The child got confused to this road rage but Mapopa said he stuck to his guns and waited for the lad to start crossing the road when another motorist on the double lane stretch also stopped to give the poor chap right of way.

“This is a spot on the roads that affords pedestrians an opportunity to cross the road with vehicular traffic giving way,” writes Mapopa. “There are instances where there are traffic lights and in such circurmstances then the traffic lights take control of the goings on.

“I have made some observations as I traverse the [dual carriage way] Chileka-Magalasi Road that there are nine pedestrian crossings on this road but each time I stop for a pedestrian to cross, the ones behind me will always change lanes in a bid to overtake me.

“At times I have to extend my arm waving them down to, at least, stop [and give way]. Some do stop but others just cruise by only to realise I was waving them down because a pedestrian was crossing.

“It’s been scary at times as these vehicles actually veer off the path of the pedestrian causing a near-miss and one day a pedestrian yelled at me ‘mukufuna kutiphetsa eti’ (you want to have me killed!!).

“Now, is it that it’s sheer overlooking of the rule to stop at pedestrian crossing or it’s lack of knowledge by most ‘drivers’?

“Just this morning there was a pile up of vehicles near Chirimba River bridge. This place has high pedestrian traffic heading or leaving Chirimba industrial area — hence a pedestrian crossing is provided.

“Another critical point on the road is that most traffic is mostly going down hill. One vehicle ended up in a drain and I am sure this was because one car stopped for pedestrians while others were cruising in the usual disregard to traffic control amenities on the road.”

Mapopa opines that there should be a mandatory law that stated that we have to stop at a “pedestrian crossing even if there is no one for at least 20 seconds before proceeding.

“I also urge traffic police to be in such areas during peak times to control such malpractices. This also goes to Road Traffic and Safety Department — school drivers on these matters, otherwise we are in for road carnage involving pedestrians.”

John Chirombo joined in saying “it’s unfortunate that pedestrians also don’t understand the rules of the pedestrian crossing as they just cross even though they see a speeding vehicle approaching the crossing.

“And sometimes they walk in a long single file on the crossing. We really need that Civics subject back in our schools.”

According to the law, if a “pedestrian suddenly enters the road in front of the a vehicle” it is contrary to section 116 (3) of the Act and attracts a fine of K2,000.

Twimi Kamwambe observed that most times paintings for the pedestrians crossing are not visible as they get washed out and she suggested that there should be upright signs warning of crossings from a distance.

“The fines are great but there’s need to balance and see that even road safety signs exist for the motorist to see in good time” but as others observed, such upright signs are always vandalised by unscrupulous members of the public.

She added that pedestrians seem to be happy to just step into the road without waiting, thinking it’s easier for a car to brake than for them to wait, which is quite unsettling.

Another concern raised is that when cars stop for pedestrians, they nonchalantly walking across and in single file without any care that they are building up a car traffic congestion.

Contrary to a rule under section 117 (5) of the Act, pedestrians’ “lingering on the road when crossing it” as well as “crossing the road when it is not safe [and] being a source of danger on the roadway” attracts a fine of K1,000.

Alexandra Poncet observed that “if the police was paying attention to this instead of interfering with the circulation in the roundabouts, the money box would be full by now, and they could repaint the pedestrian crossings for more visibility”.

Another interesting law that this older generation learnt in primary school through the Civics subject is of pedestrians to walk on the right hand of the road where a sidewalk is not provided.

Contrary to this rule under section 117 (2) of the Act attracts a fine of K1,000 and walking on the roadway where a sidewalk is abated is contrary to section 117 (2) and attracts a fine of K5,000.

A K2,000 fine can be meted out if after a traffic police officer has signaled a pedestrian to stop but they proceed before the police officer signals to do so as it is contrary section 117 (7) of the Act.

It is very common for motorists to park their cars on sidewalks, especially in Blantyre central business district (CBD) but this is also against the law and attracts a huge fine as well.

In Malawi, when cars break down whilst in transit, they place green tree branches in front and back of the car despite having reflector triangles to warn other traffic users — which are removed once the car is repaired.

Others use rocks to control their cars from moving as they replace deflated tyres but they leave behind the rocks as well as the tree branches once they drive off after repairing the car.

Abandoning such objects that can endanger other road users, or hindering passage of traffic is contrary to section 119 of the Act and attracts K50,000 fine while leaving a vehicle in the same place on the road more than 72 hours has a fine of K30,000 (contrary to section 119).

Other motorists continue their journey if a tyre gets deflated when they don’t have a spare one but this is a traffic offence that contravenes section 121 of the Act — damaging road surface by vehicle or any other things or causing a wheel to drag or spin on roadway or using shoes between wheel and road.

Garage owners or person in charge of a garage or other vehicle repairing places who shall fail to keep records of marks, or of vehicle involved in an accident for 3 years and failing to produce it on request is contrary to section 125 (K10,000 fine).

Almost all the time, motorists break these traffic rules willy-nilly — broken down trucks abandoned hours on end on busy streets; not giving way; minibus operators contravening seating capacity; minibuses stopping for passengers outside designated — and many more that can make police officers more money for the government if strict enforcement was exercised.

The country’s car population has boomed that has created a colossal parking challenge that forces motorists to park on pavements — blocking pedestrians who opt to walk on the roadway.

New building structures are not providing basement parking for their clients as the new hotel in Blantyre, Amaryllis Hotel did on two basements, which if they had not done so it would have created traffic congestion on their short street access.