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Kite flying on personal plot

I have started flying kites very high on my own plot. The police have started harrasing me that I cannot do so. We have had arguments with them and they have failed to shown me what provision of the law disallows me to fly kites. This is my country and I don’t see why I should be disallowed to enjoy my airspace. Am I doing the right thing?

YU, Dar

Flying kites at heights over 200 feet is illegal under our laws.

The Civil Aviaton (Operation of Aircraft) Regulations states in Regulation 17 that: 

(1) A person shall not, within the United Republic of Tanzania

(a) fly a captive balloon or kite at a height of more than 200 feet above the ground level or within 200 feet of any vessel, vehicle or structure;

(b) fly a captive balloon within an aerodrome traffic zone;

(c) fly a balloon exceeding 6 feet in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, in controlled airspace;

(d) fly a kite within an aerodrome traffic zone;

(e) moor an airship; or

(f) fly a free balloon at night, without the permission in writing of the Authority, and in accordance with any conditions subject to which the permission may be granted.

(2) A captive balloon when in flight shall not be left unattended unless it is fitted with a device which ensures automatic deflation if it breaks.

(3) An unmanned free balloon shall be operated in such a manner as to minimise hazards to persons, property or other aircraft.Therefore flying a kite at heights over 200 feet is illegal and you may be charged for doing so as you are endangering the safe navigation of aircraft.

Bajaj breakdown, refund of fare

I paid a Bajaj driver to take me to Ubungo bus stand. Nearly half way through, the Bajaj broke down and I had to use another Bajaj to ferry me. The first Bajaj driver refused to refund atleast 50% of my fare. Are there any rules I can refer to that can show me my rights in such a scenario?

FF, Dar

Fortunately under SUMATRA, there are specific regulations called the Transport Licensing (Motorcycles and Tricycles) Regulations 2010 which has a clear provision that states if such a journey as yours is terminated because of a breakdown, then the passenger is entitled to refund of the remaining part of the journey.

Hence you were entitled to atleast 50% of the fare you had paid. If you wish to pursue this, you can report this to SUMATRA for action.

Fire crackers on beach for wedding

I am getting married later this year. We are planning to have a beach wedding that will involve a lot of activities including bursting of firecrackers. One of our family friends informed us that the law prohibits firecrackers bursting. I just want to confirm if this is true and what can we do to achieve our dream wedding with firecrackers.

PA, Tanga

The law prohibits any person to carry out activities that involve fireworks without being permitted by the Inspector General of Police (IGP).

Section 21A (2) of the Firearms and Ammunition Control Act stipulates that, “A person shall not carry out activities involving fireworks unless he has obtained written permit from the person authorised to deal with fireworks…….”

Based on the above requirement, you are obliged to write a letter to the IGP seeking for the said written permit before carrying out the this activity.It is important to note that, failure to comply with the above requirement amounts to an offence punishable by a fine of TZS 500,000 or to imprisonment for a term of six months or both.

We wish you good luck in your wedding and hopefully you will not get into trouble.

Rights on personal farm

I own a very large farm which has its own roads inside. Do I need to wear a seat belt on my farm roads? Can I make my own rules for my roads? I want to get the feel of being home - can I drive on the right hand of the road. Are the police allowed into my private property? Are there any offences in the traffic laws that provide strictly for imprisonment?

TY, Morogoro

You must be reminded that you own a farm not a country and hence bound by the laws of Tanzania. The Road Traffic Act and the various traffic regulations dictate that one must wear a seatbelt at all times when driving on a road.

Road is defined as any road, highway, way, street, bridge, culvert, wharf, car park, footpath or bridle path on which vehicles are capable of travelling and to which the public has access whether or not such access is restricted and whether subject to any condition, but does not include any road within the curtilage of a dwelling house.

Bearing the above in mind, although you own the farm, you are still bound by the Road Traffic Act and cannot have your own rules or drive on the right hand side of the farm roads. Furthermore the police are allowed in any property, be it a farm or otherwise.

To answer your last question, section 40 of the Road Traffic Act is one of the sections that only provides, as a punishment, only a custodial sentence of a minimum of 3 years (without an option of a fine). It states that:

(1) Any person who causes bodily injury to, or the death of, any person by the driving of a motor vehicle or trailer recklessly or at a speed or in a manner which having regard to all the circumstances of the case, is dangerous to the public or to any other person shall be guilty of an offence.

(2) Any person who, while under the influence of drink or drugs to such an extent as to be incapable of having proper control of the vehicle, is in charge of a motor vehicle or trailer and by an act or omission in relation thereto causes bodily injury to, or the death of, any person shall be guilty of an offence.

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Send in your questions by email to: qa@fbattorneys.co.tzor by post to: Q&A with FB Attorneys C/o The Daily News, P. O. Box 9033 DSM, Tanzania

To receive this column by email, please visit our website to subscribe. You can also read the column online Logon to www.fbattorneys.co.tz and click on Publications.

This column is intended to give you a general overview of the Law. It is not a substitute to the role of your legal advisor. If you have legal issues, you are strongly recommended to contact your attorney.

According to the Oxford English dictionary, the verb ...

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Author: FB Attorneys

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