Town Area Planning V6092

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Legal Supplement (Part II) to the Zanzibar Government Gazette


Vol. CXIV No. 6099 of 12th August, 2005
ROAD TRANSPORT ACT NO. 7 OF 2003

MOTORCYCLES HELMET REGULATIONS

SECTION TITILE

1. Short title and commencement.


2. Interpretation.
3. Prescribed types of Motorcycle helmets.
4. Helmet below specifications prohibited for import of sell.
5. Markings.
6. Information for wearers.
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ROAD TRANSPORT ACT NO. 7 OF 2003

MOTORCYCLES HELMET REGULATIONS


[ Made Under Section 159(d) ]
_________________________

L.N 35 of IN EXERCISE of the powers conferred upon me under section


2005
159 (d) of the Road Transport Act, No. 7 of 2003, I Hon Brig. Gen.
(Rtd) ADAM C. MWAKANJUKI, Minister of Communication and
Transport do hereby make the following regulations:

Short 1.-(1) These regulations may be cited as the Road Transport


title and
commence-
(Motorcycle Helmet) Regulations and shall come into force on 1st
ment. January 2006.

Interpreta- 2.-(1) In these regulations, unless the context otherwise requires:


tion.

“Acceptable identification” means:

(a) a valid passport of the applicant; or

(b) a valid Bank Saving account or card; or

(c) a valid Zanzibar Social Security Fund card; or

(d) a valid Citizenship identity or Zanzibar Residence


Identity; or

(e) an identification form M 110.

“Chin strap” means a part of the retention system consisting of a


strap that passes under the wearer’s jaws to keep the helmet
in position;

“Goggles” means transparent protectors that enclose the eye;


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“lower face cover” means a detachable, movable or permanently
fixed part of the motorcycle helmet covering the lower part
of the face;

“Motorcycle helmet” means a helmet primarily intended to


protect the wearer’s head against impact;

“Retention system” means the complete assembly by means


of which the helmet is maintained in position on the head,
including any devices for adjustment of the system or to
enhance the wearer’s comfort;

“Shell” mean the hard part of the motorcycle helmet, which


gives it its general shape;

“Visor” means a transparent protective screen extending over the


eyes and covering all or part of the face.

(2) In addition to the provision of subregulation (1) if any other


word or expression used in these regulations is defined in the Act
such word or expression shall in these regulations, unless the context
otherwise requires, have the meaning assigned to it in the Act.

3.-(1) Any person operating a motorcycle or being a passenger on Prescribed


types of
it shall wear an acceptable motorcycle helmet as prescribed under this Motorcycle
regulation. helmets.

(2) Acceptable motorcycle helmets, irrespective of whether they


are full-face, three-quarter or half helmets, shall be those manufactured
in:

(a) any country which is a contracting part to the regulation;

(b) any other country provided they comply with the


following specifications;
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(i) shall be specifically designed for motorcycle riders
and motorcycles passenger use;

(ii) shall have a smooth outer surface;

(iii) shall have the hard outer shell made of reinforced


plastics or any other material with similar
characteristics;

(iv) shall be firmly secured shock absorbent cradle


for the head designed to support the helmet and
maintain separation between the head and outer
shell with a thickness not less than 25.4 millimeters
where the material shall be:

(aa) of durable quality and characteristics that will not


undergo appreciable alteration under the influence of
aging or of the circumstances to which the helmet is
normally subjected;

(bb) free from skin irritation or disease when is in contact


with the skin.

(v) shall be constructed so that they are capable of


absorbing energy on impact;

(vi) shall be strongly attached to a retention system


designed to be fastened under the chin of the
person wearing it;

(vii) they shall not affect the wearer’s ability to hear;

(viii) they shall have holes to allow enough ventilation;

(ix) if not provided with visor, their profile shall not


prevent wearing of goggles;
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(x) all components attached to them shall become
easily detached as a result of impact; and

(xi) shall be undamaged from use or misuse.

(3) The retention system referred under paragraph (vi) of the


proceeding subregulation shall:

(a) have a chin strap fitted with a device to adjust and


maintain tension in the strap;

(b) shall be protected from abrasion.

(4) If the motorcycle helmet is attached with a visor, such visor


shall meet the following specifications:

(a) it shall be attached to the helmet in such away that be


shall be removable and be possibly maneuvered out of
field of vision in single movement of one hand;

(b) it shall not comprise any part liable to impair the user’s
peripheral vision, such that the minimum vision shall
not be less than:

(i) 7 degrees for upward vision;

(ii) 45 degrees downward vision, and

(iii) 105 degrees for sideward vision.

(c) it shall be free from any significant defects likely to


impair the vision, such as bubbles, scratches, holes,
inclusions, dull spots, holes or other defects originating
from the manufacturing process in the field of vision;

(d) it shall be sufficiently transparent to enable the wearer to


view a full image of object passing in front of him.
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Helmet 4.-(1) It shall be unlawful for any person to import or sell for
below
specifica-
the local use motorcycle helmets below specifications mentioned under
tions regulation 3.
prohibited
for import (2) Any person who contravenes with the provisions of
of sell. subregulation (1) shall be guilty of an offence and shall be liable to a
fine of not less than the equivalent of five hundred dollars in shillings.

Markings. 5.-(1) All motorcycle helmets and visors offered for sale shall bear:

(a) the manufacturer’s trade name, mark or symbol;

(b) the international approval labels, if manufactured in a


country which is a Contracting Part to Regulation 22 of
the United Nation Agreement mentioned in regulation 3
subregulation (2)(a); or

(c) names or label of approval organizations, where


appropriate, if manufactured in countries other than
those listed in the First Schedule.

(2) The motorcycle helmets shall also be marked by their sizes


and maximum weight to the nearest 50 grams, and, if appropriate,
an indication of the suitability of the lower face cover to offer any
protection against impacts to the chin.

(3) Where appropriate, visors shall also be marked with a


symbol denoting its suitability for use at night or in conditions of poor
visibility.

(4) All marks on motorcycle helmets and visors shall be clearly


legible, indelible and resistant to wear, and those on visors shall not be
placed within the main visibility area.

(5) Any person who sells, or offers for sale, any helmet in
contravention of the provisions of this regulation shall be guilty an
offence and on conviction shall be liable to a fine of five hundred
dollars in shillings.
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6.-(1) Every motorcycle helmet placed or offered for sale Information
for wearers.
shall hear a clearly visible label containing the following information
in English or its translation in Kiswahili:

(a) “For adequate protection, this helmet must be fit closely


and be securely attached”;

(b) “Any helmet that has sustained a violent impact should


be replaced”; and

(c) “Does not protect chin from impact” whenever fitted


with a non protective lower face cover.

(2) Where hydrocarbons, cleaning fluids, paints, transfers


or other extraneous Additions affects the shell material adversely, a
separate and specific warning shall be emphasized in the label and
worded as follows:”

“Warning” - Do not apply paints, stickers, petrol or other


solvents to this helmet”.

(3) Every protective helmet offered for sale shall bear a label
showing the type or types of visor that have been approved, and also
every visor offered for sale shall bear a label showing the types of
motorcycle helmets for which it have been approved.

(4) Every visor placed or offered for sale with a motorcycle


helmet shall be accompanied with the following information in English
or its translation in Kiswahili:

(a) general instructions for storage and care;

(b) specific instructions for cleaning, including a warning


regarding the dangers of using unsuitable agents for
cleaning, such as solvents, especially it abrasion resistant
coatings are to be observed;
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(c) advise as to the suitability of the visor for use in conditions
of poor visibility and during hours of darkness;

(d) a warning, where appropriate, that fastening of the


visor is such that it will not be possible to remove it
instantly from the line of sight with one hand should an
emergency (such as headlamp glare) occur;

(e) instructions regarding the detection of


obsolescence.

(5) Any person who sells, or offers for sale, any helmet in
contravention of the provisions of this regulation shall be guilty an
offence and on conviction shall be liable to a fine of one hundred
dollars in shillings.
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FIRST SCHEDULE

CONTRACTING PARTIES TO THE REGULATION 22 OF


THE UNITED NATIONS AGREEMENT ON THE UNIFORM
PROVISIONS CONCERNING THE APPROVAL OF
PROTECTIVE HELMETS AND THEIR VISOR FOR DRIVER’S
AND PASSENGERS OF MOTORCYCLE AND MOPED

S/No Name of the Country Country Mark


Code Number

1. Germany 1
2. France 2
3. Italy 3
4. The Netherlands 4
5. Sweden 5
6. Belgium 6
7. Hungary 7
8. Czech Republic 8
9 Spain 9
10. Yugoslavia 10
11 United Kingdom 11
12. Austria 12
13. Luxemburg 13
14. Switzerland 14
15. Norway 16
16. Finland 17
17. Denmark 18
18. Romania 19
19. Poland 20
20. Portugal 21
21. Russian Federation 22
22. Greece 23
23. Ireland 24
24. Croatia 25
25. Slovenia 26
26. Slovakia 27
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S/No Name of the Country Country Mark
Code Number

27. Belarus 28
28. Estonia 29
29. Bosnia and Herzegovina 31
30. Latvia 32
31. Bulgaria 34
32. Lithuania 36
33. Turkey 37
34. Azerbaijan 39
35. Republic of Macedonia 40
36. European Community 42
37. Japan 43
38. Australia 45
39. Ukraine 46
40. South Africa 47
41. New Zealand 48

SIGNED this 23rd day of June, 2005.

( HON. BRIG. GEN. (RTD) ADAM C. MWAKANJUKI )


Minister of Communication and Transport
Zanzibar
Printed by Printing Press Department - Price- Shs 1,000/=

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