1.1 INTRODUCTION The Constitution of United Republic of Tanzania of 1977 guarantees the right to life as a fundamental right.

This is stipulated under Article 141 which states that, every person have a right to live and to the protection of his life by the society in accordance with the law. That means any person who ever violated this right to life he or she is supposed to be punished by law. However this right does not being granted to Tanzania only, but also all over the world.eg USA, INDIA, CHINA and UNITED KINGDOM find the exact provisions..

The road accidents are a problem especial in the Third World countries with poor economy and infrastructures like Tanzania. Millions of death and millions of people are injured due to road accidents. In Tanzania Mr. J. J Mbutu on his work The commander of The Traffic Force in Tanzania observed that, many accidents were reported where by people lost their lives and others were injured, most of the road accidents are caused by human factors including carelessness, reckless during the luck of knowledge on the regulation of the road safety under the force of alcohol is among of the cause of road accidents. Another cause is poor engineering of the roads and climatically conditions as it is revealed in this research.

Since the problem of road accidents is getting higher in developing countries like Tanzania especial motor cyclists, therefore there is a need to do research on this problem in order to come up with the solution or at least to reduce this problem of road accidents. Therefore this research investigates on the main causes of the road accidents, Rules
1

The constitution Of United Republic Of Tanzania, 1977 (as Amended)

which are applicable and the applicability of the laws concerning the road accidents also the suggestion of possible ways to control or reduce the problem of road accidents. This research aims at educating the society and provides awareness about laws applicable to the road usage so as to reduce the rate of road accidents , and the enforcement of

1.2 STATEMENT OF THE PROBLEM .The Road Traffic Act Is non effective to the extents that it cannot cure the problem of road accidents because the act provide lightly punishments for instance in fine, also the situation of compasented for the victim it is very difficult to get and the Act did not deal with it parse , the Act prohibit to drive without the license but when one caught the punishment is the same. On the side of proceeding all the power are handed over to the police traffic therefore the Road Traffic Act need to be amended so that it can consider the problem of road accidents like the life of innocents people are in danger, beside a handful of survivors of road accidents are left permanently and unable to participate in any economic activities. Also loss or damages of the people properties and much to the family concerning .This has resulted to unanticipated problems relating to cost of repair and replacement of the damaged property. The research work basically looks at the law if it can bring changes on this problem of road accidents

1.3 HYPOTHESIS Lack of knowledge on the laws and regulations of the road safety contributes to the road accidents in Dar es Salaam associated with the lack of good and quality roads in Tanzania mainland particular in Dar es Salaam play a role in occurrence of road accidents. Drivers are to be blamed in the road accidents as well as the Traffic laws of Tanzania are inadequate to tackle the problem of increased road accidents especially tricycles common known as Bajaj.

1.4 OBJECTIVES The objective of this work is to examine the problem of road accidents and the governing law. The case study is at Dar e Salaam Region, whereby the findings are of the year 2005 to 2011.Thus the research will seek, propose and provide for the answers and recommendations for the following issues:(i) Whether the parliament needs to amend the existing laws (ii) How the community in general involves in the road safety actives (iii) What measure did the government need in order to reduce the problem of road accidents?

1.5 RESEARCH METHODOLOGY The research basically involves library and field work. Under the library searching of various data and materials are to be conducted on various libraries whereby textbooks, journals, newspapers, articles and other relevant documents have been included in this research.The field work interviews and questions for obtaining more data from

individuals. Also the interview have been conducted with various key personalities such as Dar es Salaam Regional Traffic Officers, victims of road accidents, driving institutions such as .., law makers and also taxi drivers and passengers.

1.6 LITERATURE REVIEW The problem of road accidents has been tackled by many writers in a different ways some writers have treated road accidents as a crime and others talked about the contribution of the drivers and others have written about causation of accidents and prevention. Thus many personalities have made investigation on this problem such as Dar es Salaam regional Traffic officers. Most of the developing countries are faced with this problem for example Tanzania is faced with this problem, currently Motor cycles accidents is the main issue due to poor infrastructures which causes traffic congestion and low quality of motor cycles which are not reliable.CANCELLED?!

Bishanga H. and Bantu H. on their book, Proposal for Enhancement of Mass Road Surface Education and Awareness Programe2, wrote about the causation of road accident whereby they focused on the soundless vehicles which may cause accidents when improperly used by the reckless drivers This book is useful on my research because it provide for the causation of the road accidents.

Bishanga H. and Bantu H, Proposal for Enhancement of Mass Road Surface Education and Awareness Programe

Mutakyahawa C. on his book, Road Traffic Accident in Tanzania, a Critical Appraisal on the Control with Emphasis on the Contribution of Drivers3. In his work he wrote the attribute of the problem to the drivers as having a significant role in the causation of road accident. That is to say, when drivers adhere to the road rules and drive in accordance with the traffic rules this problem will be reduced He also talks about causation of accidents. Here he stipulated that the drivers are the main causative agents. Most of the drivers have no qualification, which is that they have not get proper training, and those who have the training are negligent and they have the habit of ignoring road traffic rules. However, Mutakyahawa C, forgets to include other factors which cause accidents such as poor infrastructures especially roads, most of the cars are not repaired, and negligent of pedestrians. The book is of much help on my research because it also provide for the causation of the Road accidents.

Mtaki C.K In his book, The Challenges of Improving Road Safety in Tanzania by Holding the Vehicle Owner Criminal Responsible for the Acts of his/her Driver 4 . In this work he talks about the owners of the vehicle which are been uses as public transport are supposed to be held criminal responsible for the acts of their drivers, this will act as a challenge of improving road safety in Tanzania. Sometime the owners of the vehicle have the knowledge about the condition of their vehicle and they do not repair them and due to this they put in danger the life of the transport user.

Mutakyahawa C, (1999), Road Traffic Accident in Tanzania, A Critical Appraisal on the Control with Emphasis on the Contribution of Drivers 4 Mtaki C.K, (2003), The Challengers of Improving Road Safety in Tanzania by Holding the Vehicle Owner Criminal Responsible for the Acts of his/her Driver, East African Law Review, Volume 28 - 30

This book acts as a supplement on my research because it provides for the challenges which vehicle owners are faced with. Parry M.H in his book, Aggregation on the Road, A pilot Study of Behavior of Driving Situation5, in his book he talked on the effect of driving when one is under the influence of the alcohol. Not only has that Parry also addressed the habit of taking alcohol and drugs while driving. However Parry does not talk on his book the possible way of combating this and the reduction of the road accidents especially on developing countries (Tanzania). The book is useful in my research because it introduces two types of the causation which are behavior of the drivers and the drug use. Remmy J, in the book of Prevention of Highway Accidents in the Symposium of Metropolitan High way Traffic Safety6 he says, the causation of majority of road accidents are of human defects, misunderstanding and not international infringement of rule. However in his book he does not talk about to what extent that human defect caused the problem of road accidents .therefore due to the luck of that explanation of that human defect which he couldnt talk about, then letter on this research work will try to find out the answer of that questions accordance with road traffic act. This book is useful in my research because it led me to find out how the Road Traffic Act deal with the mistake of human being .

Parry M.H,(1968), Aggregation on the Road , A pilot Study of Behavior of Driving Situation,Tavistock,Londoni 6 Remmy J,( 1968) Prevention of Highway Accidents in the Symposium of Metropolitan High way Traffic Safety,Budapest

Mapunda, A. M, in his Dessertation Compensations For The road Accidents, An Assessment of The situation of in Tanzania, LLM Thesis Faculty of law university of Dar es salaam 7in his work he talk about the compensation for the accidents. The compensation for the accidents is too complicated for the people who got that accident. The victim who got that accidents has got no insurance, definitely the compensation to him or her will be difficult to get and sometimes the compensation will be higher than the damage he or she got example on the vehicle. He also talk about the prevention measure on his work by pointing out that the government must insist on the proper training drivers and the responsibility they bear to the passenger they take, taking to consideration that when the accidents occur the number of the drivers are small than the passenger because they feel that death to them during the event of accidents is to far so this may be the reason why driver do not take precaution. This book is useful in my research because it talks about the compensation for the accidents which it seems to be the problem in developing countries like Tanzania.

Cohen P.B., in his book Causation and Prevention of highway Accidents8, he talks about the punishments for those who cause the event of accidents, however he explains that the punishment to the offenders cannot be satisfactory in relation to the damage a victim gets. For stance the injured person lost his life or he is crippled, the punishment can not help the victim in recovering his/her lost limbs, therefore the government have to create way or measure which will enhance the safety to the road users. In doing so the road accidents will be reduced. However, Cohen in his book he said nothing about the
7

Mapunda, A. M,( 1979) Compensations For The road Accidents, An Assessment of The situation of in Tanzania, LLM Thesis Faculty of law university Dar es salaam
8

Cohen,P.B., (1968) Causation and Prevention of highway Accidents ,Faber, London

contribution of drivers to such accidents. This book will help me on my research to know how the punishment are given to those who caused an accidents and to what extent they are being punished, also it will help me to understand which law is applicable to those who caused an accident. The book shall be read together with the Road Traffic Act in understanding the way punishments are awarded., however the punishments which are given by the Act are too light giving the offenders an advantage.

Lemming, J.J on his book road accidents prevention or punishments, 9he talks about the law which regulates the road accidents, he said that criminal law does nothing to prevent road accidents meaning that criminal law punish drivers for the accident caused. However, he takes the idea of Cohen in his book on the details of the ineffectiveness of the punishments. Therefore he concurs with Cohen that the punishment is not enough as given in the act and also the efficiencies of the punishment. The book is useful in my research because it talk about the law which regulates the problem of road accidents and punishments for those who cause road accidents.

Visk L. in his book road traffic offenders and crime policy,10in his book he talk about the possible ways which they can be taken to control the problem of road accidents by suggest other means like education to the driver and user of the road and social pressure together with the punishment. That means they have to be aware of the punishments and to have the education about the road. However he said nothing about the drivers as the

LemmingJ.J., 1969) Road Accidents Prevention or Punishments, Cassel and Co Limited, London
10

Visk.L(1980 and 1982) road traffic offenders and crime policy, Akademini Kiado, Budapest

main causation of road accidents. This book have been useful in my research on the education to the drivers as the main way which I suppose will be used in order to reduce the problem of road accidents as well as enforcement of the punishments. Due to what the writer says the Road Traffic Act must give a

BIBLIOGRAPHY TEXTBOOKS Cohen, P.B., Causes and prevention of road Accidents, 1968, Faber London Lemming, J.J., Road accidents prevention or punish, 1969, Cassel and company limited, London Parry M.H., Aggregation on the Road, A Pilot study of behavior of driving situation, 1968, Tavistock publications, London. Remmy, J., Prevention of highway accidents in symposium of Metropolitan Highway Traffic Safety, 1968, Budapest Viski, L., Road Traffic Offenders and Crime Policy, 1980 & 1982, A Kademini Kiado, Budapest

DISSERTATIONS: Mapunda,A.M., Compensation for the Road Accidents, an Assessment of the Situation in Tanzania,1979,LLM Thesism,Faculty of Law,Univesity of Dar es salaam

ARTICLES Bishanga, H.and Bantu, H., A proposal for enhancement of Mass Road Safety Education and the Awareness ProgrameNation Road Safety Council of Tanzania, September 2004 Mbutu.I.J., An Overview of Road Safety in Tanzania, a paper presented at the workshop on the highway code, Learner drivers manual and vehicle inspectors and Training Manual,Morogoro Hotel,27th September - 1st October 1999 Mtaki, C.K., The challenges of Improving Road Safety in Tanzania by Holding the Vehicle Owner Criminal Responsible for Act of His/her Driver, East Africa Law Review, Vol.28-30 December 2003

TUMAINI UNIVERSITY DAR ES SALAAM COLLEGE

FACULTY OF LAW

NAME: MORRIS JOYCE

REG NO: TU/DARCO/LLB/08/177

SUPERVISOR

E. CHUWA

RESEARCH TITTLE

CHAPTERISATION
CHAPTER ONE: GENERAL INTRODUCTION
1.1 1.2 1.3 1.4 1.5 1.6 Introduction Statement of the problem Hypothesis Objectives Research Methodology Literature review

CHAPTER TWO: CAUSES AND COSTS OF ROAD ACCIDENTS.

2.1. 2.2. Introduction Human mistake 2.2.1. Driving under influence of alcohol or drugs

2.2.2. Luck of concentration while driving 2.2.3. Other negligence caused by road user 2.3 2.4 2.5. 2.6 The soundless of the vehicle The environments and roadway Key elements in road safety Cost of the road accidents .

CHAPTER THREE: LEGAL PROCEEDINGS AFTER ROAD ACCIDENTS

3.1 3.2 Introduction and application of law Types of Traffic offence

3.3 Investigation 3.4 Court proceedings 3.5 Grant of bail 3.6 Sentencing
CHAPTER FOUR: SUMMARY OF FINDINGS, RECOMENDAIONS AND CONCLUSION 4.1 Summary of findings

4.2 4.3

Recommendations Conclusion