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A dispute is growing between transporters, shippers, and the government over the execution of the EAC Vehicle Load Act, which limits the height of cars.
The government, through the Kenya National Highways Authority (KeNHA), has been enforcing the East African Community Vehicle Load Control Act, 2016, which is intended for the area.
The Act limits the overall height of vehicles to 4.3 metres unless it is an abnormal load, in which case the Authority may provide an Exemption Permit that specifies travel times and routes to preserve public safety and road infrastructure.
Heavy commercial vehicles hauling containers have violated the rule, with the majority of 40-foot containers exceeding the allowable maximum.
The regional rule has, however, not been fully enforced as authorities allowed shipping lines and transporters to continue using high cube units.
KeNHA’s move comes as Kenya leads her regional peers in fully enforcing the law, which is meant to reduce damage on roads, among others. Each Partner State is mandated to enforce these laws within their highways under the EAC Act, 2016.
Those using the high cube containers or any other abnormal load on the road must obtain a permit.
Transporters and shipping lines have however raised concerns over the decision, calling on the government to allow them to continue using the units.
In a notice issued on Friday, the Kenya Transporters Association (KTA) told transporters in the country to stop loading 40-foot-high cube shipping containers until KeNHA “resolves the matter officially.”
It also wants importers to cease transporting high cube containers into and through Kenya.
Trucks of standard proportions filled with typical 40ft high cube shipping containers exceed the allowed height by a maximum of 0.2 meters.
“Importers stop using standard 40-foot high cube containers into Kenya and transiting through Kenya as KeNHA will impound the trucks and containers,” KTA chairman Newton Wang’oo said in the notice.
KTA has requested a 0.2-metre tolerance to allow transporters to load these containers, stating that the height has no negative impact on roads or other infrastructure.
“It is only in Kenya that trucks carrying standard 40ft high cube shipping containers are being impounded. Meanwhile, countries operating under the same East Africa Axle Load regulations (2016), like Tanzania, are not impounding similar trucks or requiring permits for the same,” Wang’oo noted.
The Shippers Council of Eastern Africa (SCEA) has urged KeNHA to engage stakeholders, despite the fact that both the trucks and high cube containers meet various standards.
“Raising the total height to 4.5 metres from the current 4.3 metres would be ideal. Meanwhile, SCEA requests KeNHA to stop the arrests as a way out is being discussed,” SCEA acting chief executive Agayo Ogambi said.
KeNHA, on the other hand, stated that it was enforcing the law for the benefit of the entire region, while dismissing claims of vehicle impoundment.
“It is the law. If there are any changes needed, then the law can be amended when all the EAC Partner States are agreed in the same, otherwise other EAC Members would accuse the Country of not being compliant with the implementation of the Act,” a top official at KeNHA said in an interview with Uzalendo News.