| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-428 |
2.3. Issues related to the rules of origin |
2011-08-01 |
Tanzania: Mbeya |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
EXPORT OF PLASTIC FROM KENYA TO TANZANIA ARE SUBJECTED TO 25% DUTY |
|
|
Resolution status note:
|
At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment. |
|
|
Products:
|
3905.21: Vinyl acetate copolymers, in aqueous dispersion |
|
|
NTB-000-430 |
2.3. Issues related to the rules of origin |
2011-08-23 |
Tanzania: Lungalunga |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
plastic bags doubted as to the rule of origin despite the existence of rule of origin certificate |
|
|
Resolution status note:
|
At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment. |
|
|
NTB-000-519 |
8.8. Issues related to transit |
2012-06-20 |
Tanzania: Dar-es-Salaam Port |
Burundi |
Resolved
2013-10-17 |
View |
|
Complaint:
|
Payment of double handling charges at the ICDs and at the Dar es Salaam port. |
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|
Resolution status note:
|
At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, United Republic of Tanzania (URT) reported that the ICD charges are part of port charges and are therefore not additional charges. The only additional charges are on demurrage. However, Burundi requested to re-submit documentation supporting their submission through the EAC Secretariat. In the meantime, URT to investigate further and revert at the next EAC Regional Forum on NTBs in September, 2013. The meeting agreed to resolve this NTB on the basis of URT submission. |
|
|
NTB-000-604 |
7.5. Lengthy procedures |
2013-09-19 |
Zambia: Chirundu |
South Africa |
Resolved
2013-11-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
There are excessive delays at the Chirundu border post between Zimbabwe and Zambia
Trucks are taking around 5 days to transit the border and are completing only one trip Beira, Zambia and return, per month. Their monthly kilometres travelled is down to around 5000 kms per month. No transporter can accommodate such a low utilization of his fleet.
The queue on the Zimbabwe side, stretches for anything up to 10 kms.
There are several reasons for the delays at this border post, including:
Strict application of new rules and procedures by the Bank of Zambia and ZRA
The scanning machine has been under repair
There were special arrangements for Ministers visiting the border and so restricting the passage of trucks
The commercial operating hours are from 0800 to 1630. This is insufficient for the traffic flow
A tug-of-war between ZRP and ZIMRA as to which should control the traffic on the Zim side
When a crisis like this occurs, officials "make a plan" and clear the border of backlog.
It is understood that it costs $10 to get to the front of the queue and $20 to get into customs. Transit can then be made in 12 hours.
This is not acceptable.
There should be a permanent process in place to ensure the border does not get congested.
One solution, is to open the border from 6am to midnight, as with Beitbridge.
Extra security will have to be put in place to accommodate this night traffic and parking.
Urgent and effective measures must be taken. |
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|
Resolution status note:
|
On 7th October 2013, the Zimbabwe Focal Point reported that the relevant NMC members comprising Ministry of Transport and Infrastructure Development, Zimbabwe Revenue Authority and the Ministry of Industry and Commerce held a meeting on 4 October 2013 to consider the urgent complaint raised by the Transport Operators’ Association of Zimbabwe also posted on the online system as NTB 604. The meeting observed that that the congestion was a result of increased traffic on the North South Corridor and also increase in traffic from Beira Port. This is coupled with inadequate infrastructure at the border which was not designed to contain the large volume of traffic.
The meeting identified the following factors that contributed towards the congestion as well as a way forward to address the problem resulted in clearing the congestion.
1. The congestion which was experienced recently was partly caused by break down of scanner on the Zambian side due to heat. The Zambians are scanning 100% on commercial cargo. This also contributed to the problem.
2. Inadequate infrastructure is the main challenge at the border. North-bound trucks are only released four at a time because there is no holding space on the Zambian side.
3. ZIMRA has a challenge of accommodation at the border, so when they send their relief staff they will be staying in Kariba, which is also costly for them.
4. Problems of congestion at Chirundu can only be solved by engaging the Zambian counter-parts since the problem is brought about by north bound traffic.
5. ZIMRA is pre-clearing most trucks but Clearing Agents release trucks in batches to minimise movement across the border. This creates additional congestion. However, ZIMRA have already engaged the agents on the issue.
6. ZIMRA has already engaged ZRA and they have made an administrative arrangement to work up to 10pm whenever the traffic volume is high. ZIMRA have also reacted to ease the congestion problem by sending 19 additional staff.
7. It emerged that there is lack of control of trucks outside the border area. The police and the Rural District Council seem not to be playing their role. The trucks would also be mixed with that carrying hazardous and flammable goods which is very risk.
8. The Ministry of Transport and Infrastructure Development is going to set up a committee which will visit Chirundu Border Post to get more information from the people on the ground.
Way forward
1 Zimbabwe set up a committee to visit the border to establish facts from the people on the ground.
2. Zimbabwe will make effort to engage her Zambian counter-parts so that they create some holding space for north-bound traffic.
3. Zimbabwe Ministry of Transport is working on creating temporary parks on the Zimbabwean side as well as building accommodation for border agencies. |
|
|
NTB-000-604 |
7.5. Lengthy procedures |
2013-09-19 |
Zambia: Chirundu |
South Africa |
Resolved
2013-11-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
There are excessive delays at the Chirundu border post between Zimbabwe and Zambia
Trucks are taking around 5 days to transit the border and are completing only one trip Beira, Zambia and return, per month. Their monthly kilometres travelled is down to around 5000 kms per month. No transporter can accommodate such a low utilization of his fleet.
The queue on the Zimbabwe side, stretches for anything up to 10 kms.
There are several reasons for the delays at this border post, including:
Strict application of new rules and procedures by the Bank of Zambia and ZRA
The scanning machine has been under repair
There were special arrangements for Ministers visiting the border and so restricting the passage of trucks
The commercial operating hours are from 0800 to 1630. This is insufficient for the traffic flow
A tug-of-war between ZRP and ZIMRA as to which should control the traffic on the Zim side
When a crisis like this occurs, officials "make a plan" and clear the border of backlog.
It is understood that it costs $10 to get to the front of the queue and $20 to get into customs. Transit can then be made in 12 hours.
This is not acceptable.
There should be a permanent process in place to ensure the border does not get congested.
One solution, is to open the border from 6am to midnight, as with Beitbridge.
Extra security will have to be put in place to accommodate this night traffic and parking.
Urgent and effective measures must be taken. |
|
|
Resolution status note:
|
On 13 November 2013 ZIMRA reported that the problem of long queues at Chirundu had been resolved and there were no queues at the border thereby resolving this NTB. |
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|
NTB-000-505 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Requirement by KRA for transporters to have introductory letters from URA on certain products / consignments, e.g. tyres and spirits. |
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Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this NTB had been resolved. Kenya Revenue Authority issued a notice to all Transporters , shipping agents, clearing and forwarding agents on the electronic cargo tracking systems as the principal systems for monitoring the movement of cargo under customs territory and all stakeholders were expected to comply by 31st January 2014 .
The Vehicles that are fitted with Electronic Cargo Tracking Systems WOULD:
1. Get waiver of TGL fees
2. Be able to carry goods on transfer to other partner states and within Kenya subject to approval
3. Enjoy the priority loading at the all customs areas and
4. Move without customs escort through the Northern corridor.
Transporters and shipping lines and agents are now allowed to carry goods along the corridor without challenges previously affecting them. |
|
|
NTB-000-504 |
2.6. Additional taxes and other charges |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Kenya has introduced Customs warehouse rent that starts after the release of cargo manifest. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this issue was resolved with the signing of Service Level Agreement between the Kenya Ports Authority and the Container Freight Stations. This ensures that there is no double or additional charges |
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|
NTB-000-501 |
2.9. Issues related to transit fees |
2012-03-14 |
Kenya: Busia |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Delays in issuing bonds at Kenya border with Uganda for tea meant for auction in Mombasa |
|
|
Resolution status note:
|
On 5 December 2013 Kenya Focal Point reported that the NTB had been resolved. The Republic of Kenya had over the last two years taken various measures to address all challenges faced by traders along the northern transport corridor some under the presidential directives and committees to resolve all barriers to trade.
Kenya focal point requested that the Republic of Uganda provide an update on the currentsituation to clarify whether it was an issue of delay and if so, what is the current experience? |
|
|
NTB-000-612 |
1.14. Lack of coordination between government institutions
Policy/Regulatory |
2013-11-05 |
Tanzania: at the border of Burundi/Tanzania |
Burundi |
Resolved
2013-12-20 |
View |
|
Complaint:
|
Truck belonging to BRARUDI (the leading Brewery in the Republic of Burundi) has been held at the border of Burundi/Tanzania for a period of 15 days (Tanzania side )because Tanzania Revenue Authority at the border estimate that the products must pay customs duties before enter Tanzania, despite the consignment being accompanied by a certificate of origin issued by Burundi Revenue Authority. And Tanzania Food and Drugs Authority requires the company TO register the products before exporting. |
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|
Resolution status note:
|
On 23 December 2013, Burundi Focal Point reported that BRARUDI Products made in Burundi were allowed to enter in Tanzania following resolution of this NTB during the 13th NMC regional forum held in Burundi 17-20 December 2013. |
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|
NTB-000-614 |
7.1. Arbitrariness |
2013-12-02 |
Mozambique: Inhamizua Road block in Beira |
Malawi |
Resolved
2013-12-26 |
View |
|
Complaint:
|
A Malawian truck (registration number given) is being detained at Inhamizua road block in Beira Mozambique for no proper reason since 12 hours ago. The time of this complaint is 20 32hrs. Traffic Police officer claims Fire Extinguisher is empty which is not the case because it is new and in perfect working condition. Her fellow officers agrees that the Fire Extinguisher is perfect but the lady traffic police officer is refusing to give back the driver cargo documentation until we pay a fine of MTC 5,000. The reason for us paying the fine being that she has already written a fine receipt. Our understanding is we are supposed to pay a fine when we are on the wrong side of the law not when the Police officer is not well conversant with things I.e. Fire extinguishers. Please assist. (Driver’s name and contact details provided) |
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|
Resolution status note:
|
On 26 December 2013, Mozambique Focal Point reported that the problem of Beira has been resolved, and that the lord in question has left the detention area at the road block. |
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|
NTB-000-590 |
7.1. Arbitrariness |
2013-05-16 |
Mozambique: Delegação Aduaneira de Machipanda (Road) |
South Africa |
Resolved
2014-03-17 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
UNACCEPTABLE PROCEDURE FOR ESCORTING VEHICLES, BY MOZAMBIQUE CUSTOMS
Mozambique customs at Beira should only require the escorting of vehicles between Beira and Machipanda, and return, under special circumstances, eg abnormal or high value loads. The decision to call for escorts is made by the head of customs in Beira.
However, the escorting process is not efficient and reasonable, viz:
• Escorting is called for randomly and often for trucks carrying normal cargo such as tobacco and sugar
• The escorting fee is high at USD100 per truck
• Delays are caused whilst customs waits for 3 or more trucks to be escorted together. Or they may wait until the next day to suit their convenience
• Often, a customs officer does not even travel with the vehicles, but goes in a separate vehicle to take the documents to the next check point. On occasion, the trucks have to wait at the next check point because the officer is not there with the documents
• It is suggested that the escorting fees are merely split up between the various officers.
Escorting should not be necessary since transit bond guarantees are in place and the route between Beira and Machipanda is simple, direct and short. Furthermore, there are several check points along the route. |
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Resolution status note:
|
The Mozambique Revenue Authority clarified that the referred escort fee of USD 100 was illegal. Mozambique Revenue Authority issued the Circular nº09/GD/DRC/2013, of 1st July, that has been published in all customs branches, and also uploaded onto the online system which states in summary that:
• The Fiscal Escort happens only and uniquely in the case of customs transit of high risk merchandise in terms of loss of revenue.
• In this case, Mozambique Revenue Authority will have to support the Escort expenses.
• It is prohibited to collect any values and deductions when this Escort is determined by customs. |
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|
NTB-000-624 |
8.6. Vehicle standards |
2014-02-18 |
Zimbabwe: Victoria Falls |
Zambia |
Resolved
2014-03-19 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A Zambian transport company has 6 vehicles carrying copper into Zimbabwe, detained at the Vic Falls weighbridge, because “the exhaust is pointing down to the ground “ and it must be “up in the air “ according to an official on duty.
The vehicles are manufactured by Mercedes Benz and, for these vehicles; the exhaust is designed to point to the ground.
This exhaust position is perfectly within the law in Zambia where the vehicles are registered. Zimbabwe should respect and accept the Zambian standards.
This action taken by the Zimbabwean official is unacceptable and the Focal point is requested to explain if this is a violation of Zimbabwean law. It is suggested that urgent action be taken to allow the truck to continue with its journey and also to facilitate movement of goods. |
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Resolution status note:
|
On 19 March 2014, Zimbabwe reported that the trucks were released on the same day and the owner was advised to contact the manufacturer (Mercedes Benz) to adjust the exhaust as required by Zimbabwean Law. The requirement is in terms of the Construction, Equipment and Use Regulations promulgated under the Road Traffic Act [Chapter13:11] uploaded onto the system.
However, the Ministry of Transport indicated that they shall not enforce this requirement on foreign registered trucks as long as this is not in their domestic legislation. Zimbabwe is expected to issue a formal notification to this effect to enable enforcement of the said exemption on foreign trucks. |
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NTB-000-535 |
8.1. Government Policy and regulations |
2012-10-12 |
South Africa: Vioolsdrift |
South Africa |
Resolved
2014-04-10 |
View |
|
Complaint:
|
This complaint is registered by the Road Freight Association.
The South African Cross-Border Road Transport Agency is requiring cross-border permits for two vehicles to take one load from South Africa to Namibia.
One permit is required to take the load from Johannesburg or Cape Town to Upington, and another permit to take the load from Upington to Namibia.
The Truck taking the load from Johannesburg or Cape Town to Upington should not require a cross-border permit, since the transport is being done wholly in South Africa.
The CBRTA quotes the following excerpt from the Act: "“cross-border road transport” means the transport of passengers for reward or the transport of freight to or from the Republic crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road; (xv)"
If this clause means that two permits are required, then the clause must be changed.
In the meantime, a moratorium to remove the requirement for two permits, must be put in place. |
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Resolution status note:
|
On 10 April 2014, Namibia Focal Point reported that the explanation provided by South Africa Focal Point confirming that CBRTA was acting within the legal framework was adequate evidence to have this NTB resolved. This NTB is therefore resolved on the grounds that the CBRTA action was legal. |
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NTB-000-388 |
8.7. Costly Road user charges /fees |
2011-01-30 |
EAC |
Tanzania |
Resolved
2014-05-15 |
View |
|
Complaint:
|
There are too many roadblocks along the major hoghways in EAC partner states. Too many stops points (police check points ) that cause unnessary delay of goods from ports to various destinations in the partner states. |
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Resolution status note:
|
On 15th May 2014, Kenya Focal Points reported that this NTB had been resolved. KRA abolished the requirement of Cash bonds as recommended by the EAC regional forum on NTBs and Council . What is required and applied is a general bond . Therefore the NTB should be recorded as resolved. |
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NTB-000-619 |
8.1. Government Policy and regulations |
2014-01-10 |
Mozambique: Tete Corridor |
South Africa |
Resolved
2014-07-02 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
South African-registered trucks are required to be escorted by the Mozambique authorities, from the Cuchamano border post, along the Tete Corridor, to their destinations. They are charged US$100 to the Zobue border post and US$150 to the Calomue border post.
Transporters have confirmed that they would prefer not to be escorted, as it delays their trips.
If the Mozambique authorities insist on escorting the vehicles, then the cost should be covered by Mozambique. Transporters should not have to pay for something that they do not want and it should be included in the Mozambique authorities' budget. |
|
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Resolution status note:
|
On 03 July 2014 FESARTA reported that they had received communication from the Mozambique authorities that escorts are only required under exceptional cases, and no charges can be made. This NTB is therefore resolved. |
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NTB-000-580 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2013-04-17 |
Rwanda: Rusumo |
Rwanda |
Resolved
2014-07-02 |
View |
|
Complaint:
|
Lack of parking facilities at Rusumo Border Post is creating congestion and clearance delays. |
|
|
Resolution status note:
|
On 03 July 2014 FESARTA reported that there were initiatives to improve this border post and so the NTB is resolved. |
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NTB-000-562 |
8.1. Government Policy and regulations |
2012-12-10 |
Kenya: Throughout Kenya |
Kenya |
Resolved
2014-07-03 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Kenya National Highways Authority (KENHA) is enforcing the axle load limits, rather than the GCM limit for the vehicle combination.
This is seriously compromising the ability of the transporters in Kenya to operated effectively and the Kenya Transporters Association (KTA) has taken the matter to court.
Some comments by the KTA:
1. KENHA is implementing this axle load rule on an axle by axle case rather than group axles. We realize the official position is group axle because when our enraged members stormed the Mariakani weighbridge yesterday, they promptly switched to weighing on group axles and giving a 5% tolerance, a matter that had hitherto not happened.
2. Their axle weights are 8-16-24 rather than 8-18-24 as the case is said to be in Tanzania. To comply here means one can’t optimize on his load.
3. The Traffic Act in Kenya requires an offender in this case is taken to court, fined and then made to redistribute cargo so that each axle is in conformity before the truck can proceed. The complication arises when the cargo is containerized transit goods which cant be opened sice continer is sealed and opening is criminal!
4. Similar complications arise in the case of liquid cargo which moves rapidly even when truck is being weighed or “sandy” like cargo such as clinker and the like which shifts depending on road terrain/condition or upon braking.
5. Our members are now forced to load 22 to 24 tons of the above cargo instead of the normal 27 tons. Unfortunately the overheads do not come down at all and they are now left with no option but to raise their rates by a similar margin. The question is whether our corridor and hinterland can afford such excessive costs.
FESARTA has drawn up a proposal to solve the problem and it is attached to this complaint. |
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Resolution status note:
|
On 03 July 2014 FESARTA Kenya was about to sign a Load Charter with its transporters, which covered this issue therefore the NTB should be considered resolved. |
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|
NTB-000-611 |
2.8. Lengthy and costly customs clearance procedures |
2013-11-15 |
Mozambique: Beira Port |
Malawi |
Resolved
2014-09-05 |
View |
|
Complaint:
|
We are the drivers of a Malawi transport company (name supplied) coming to carry clinker from Beira to Malawi. Were here at Beira port, on 15 November 2013 and we have got a problem of document processing since morning up to this period (1600hrs). Mozambique customs officials on duty (name supplied) are receiving unrecorded money from others therefore not attending to those who have not paid him. We re quest that the Mozambique authorities facilitate that our documents are processed without us having to pay un- recorded fees. |
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Resolution status note:
|
On 5 September 2014, Mozambique focal point reported that Mozambique had increased surveillance activities therefore these kind of situations were under control . Mozambique had not received any similar complaints after surveillance started. This NTB is therefore resolved. |
|
|
NTB-000-628 |
6.3. Special supplementary duties |
2014-03-01 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2014-09-23 |
View |
|
Complaint:
|
Malawi is currently applying a discriminatory excise duty regime that discriminates against imported cigarettes and foreign manufacturers of cigarettes. The Malawian government formally introduced the two-tier discriminatory cigarette excise regime on 3 June 2011. Currently, for imported cigarettes, a specific excise tax of US$ 30 per 1000 cigarettes is levied, compared to the excise rate of US$ 15 per 1000 cigarettes with more than 70% local content. This practice infringes the national treatment principle which requires that cigarettes, once they have crossed the border and entered the domestic market of Malawi, be taxed no less favourably than locally produced cigarettes. In this regard, and under its regional commitments, Malawi should not be allowed to discriminate against foreign made cigarettes by applying higher and discriminatory excise duties. |
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Resolution status note:
|
On 13 November 2014, Focal Point Malawi reported that this NTB had been resolved (Customs and Excise (Tariffs) (Amendment) order 2014 ) and Malawi applies a uniform rate. Communication to COMESA Secretariat, currently coordinating the tripartite process, had since been sent and a report of the same was also submitted to the NTBs Focal Point meeting that was held in Nairobi, Kenya on 23 - 25 September, 2014.
uploaded for clarity. |
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Products:
|
2402.20: Cigarettes, containing tobacco |
|
|
NTB-000-596 |
8.6. Vehicle standards
Policy/Regulatory |
2013-06-19 |
Mozambique: Dondo , Beira |
Malawi |
Resolved
2014-11-20 |
View |
|
Complaint:
|
Mozambique Police at Dondo, Beira have fined a Malawian truck belonging to ZAGAF Transport, truck number ZA8837/BN4273 because of the blue line on the colour of the trailer which is recorded as White in the blue book. White is the primary colour. The trailer has a small blue line and the police are demanding that this should be indicated in the blue book too. The blue book conforms to Malawi vehicle registration requirements where only the primary colour is indicated in the blue book. |
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Resolution status note:
|
On 20th November 2014, Malawi focal point reported that Malawi transporters were no longer experiencing this problem in Mozambique. This NTB was therefore resolved. |
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