TARA – 14th Annual Roads Convention Proceedings, November 17, 2011

The Practicability of Blood Alcohol Concentration Test & Drunken Driving in Tanzania
Authors: Address: Emails: Key Words: Gilliard W. Ngewe & Batholomew Marcel National Institute of Transport ngeweg@yahoo.co.uk : batholomewm@yahoo.com Alcohol intoxication, blood alcohol concentration, breathe alcohol content, central nervous system, correlation coefficient, drug, drunken driving, enforcement mechanisms and impaired driving

Abstract Beverage alcohol is widely enjoyed the world over in countless different settings and by a great many people. It is well recognized that irresponsible drinking patterns coupled with certain behaviors, such as driving, may bring about a range of harmful outcomes. Accordingly, many countries agree on the need to establish regulations that prohibit impaired driving, particularly as it applies to the operation of automobiles on public roads. The setting of maximum allowable Blood Alcohol Concentration (BAC) level is a tool for enforcement and for prevention. The offense of driving with a BAC above the legal limit is variously known as “Driving under the Influence” (DUI), “Driving While Intoxicated” (DWI), “drink – driving” or “drunken driving” among other similar names. The most common method of determining BAC is by measuring the alcohol in an exhaled sample of breath. However, there are claims that breath alcohol levels do not reliably mirror blood alcohol levels, in response certain countries have specifically legislated “Breathe Alcohol Content” (BrAC) in addition to a BAC. The advantage to the breath testing method is that it is easily administered and allows for an immediate reading of BAC. In Tanzania, according to the Road Traffic Act No. 1, 1973, Sec. 44; “Any person who while under the influence of drink or drug to such an extent as to be incapable of having proper control of motor vehicle or trailer drives or attempts to drive or in charge of motor vehicle or trailer on any road or other public place shall be guilty of an offence. And sec.49: provides the legal limit to eighty milligrams of alcohol in one hundred milliliters of blood, CAP 168 R.E (2002). Therefore, this paper was intended to explore the validity, evidence, standards and enforcement mechanisms of legislation that prohibit impaired driving particularly as they apply to the operations of automobiles on public roads of Tanzania.

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1.

Introduction

Beverage alcohol is widely enjoyed the world over in countless different settings and by a great many people. It is well known that irresponsible drinking patterns coupled with certain behaviors, such as driving, may bring about a range of harmful outcomes. Many countries do agree on the need to establish regulations that prohibit impaired driving, particularly as it applies to the operation of automobiles on public roads.

Alcohol intoxication/drunkenness or inebriation is a physiological state that occurs when a person or animal has a high level of alcohol in his/her blood. Common symptoms of alcohol intoxication include slurred speech, euphoria, impaired balance, loss of muscle coordination (ataxia), flushed face, vomiting, reddened eyes, reduced inhibition, and erratic behavior. In severe cases, it can cause coma or death.

Alcohol is metabolized by a normal liver at that rate of about one ounce (one "highball", a normal beer, a regular sized glass of wine) every 90 minutes. An "abnormal" liver with conditions such as hepatitis, cirrhosis, gall bladder disease, and cancer will have a slower rate of metabolism. It takes roughly 90 minutes for a healthy liver to metabolize a single ounce, approximately one hour per standard unit. Alcohol's acute effects are largely due to its nature as a Central Nervous System (CNS) depressant, and are dependent on blood alcohol concentrations:
    

20–99 mg/dL - Impaired coordination and euphoria 100–199 mg/dL - Ataxia, poor judgment, labile mood 200–299 mg/dL - Marked ataxia, slurred speech, poor judgment, labile mood and nausea 300–399 mg/dL - Stage 1 anaesthesia, memory lapse, labile mood 400+ mg/dL - Respiratory failure, coma and death

As drinking increases, people become sleepy, or fall into a state of unconsciousness. After a very high level of consumption, the respiratory system becomes depressed and the person will stop breathing. CNS depression and impaired motor co-ordination along with poor judgment increases the likelihood of accidental injury occurring. It is estimated that about one third of alcohol-related deaths are due to accidents (32%) and another 14% are from intentional injury. In addition to respiratory failure and accidents caused by effects on the CNS, alcohol causes significant metabolic derangements.

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Definitive diagnosis relies on a blood test for alcohol, usually performed as part of a toxicology screen. Law enforcement officers often use breathalyzer units and field sobriety tests as more convenient and rapid alternatives to blood tests. The reliability of field sobriety tests is somewhat questionable although they are commonly used in various jurisdictions worldwide. There are also various models of breathalyzer units that are available for consumer use. Because these may have varying reliability and may produce different results than the tests used for lawenforcement purposes, the results from such devices should be conservatively interpreted.

Many informal intoxication tests exist, which are generally unreliable and not recommended as deterrents to excessive intoxication or as indicators of the safety of activities such as motor vehicle driving, heavy equipment operation, machine tool use, mining etc. In determining whether someone is intoxicated by alcohol by some means other than a blood-alcohol test, it is necessary to rule out other conditions such as hypoglycemia, stroke, usage of other intoxicants, mental health issues, and so on. It is best if their behavior has been observed while the subject is sober to establish a baseline.

Dutch drivers caught operating a car while massively over the legal alcohol limit will be forced to fit their cars with "alco-locks" which automatically lock the engine if the driver is over the limit, Sekularac (2011). Convicted drunk drivers found in control of with blood alcohol levels over 1.3 mg/dl -- more than six times the legal limit of 0.2 mg/dl -- will be ordered to install alcolocks in their cars.

The way the alco-lock works is that the driver must first breathe into it to unlock the engine, and will have to repeat the same process at regular intervals during the journey. If the minibreathalyzer, which is fitted to the dashboard, indicates a blood alcohol level above the legal limit, the engine will not turn on. The alco-locks will be installed for two years with a possible six-year extension if the driver continues to drink and drive. In the worst cases, the driver's license will be revoked, and the driver will have to wait five years before he or she can take a new test.

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In Tanzania when listening and reading mass media like radios, televisions and daily newspapers, information on road accidents provided are irritating and very unpleasant. This is because most of road accidents emanate from reckless driving, including over speeding and overtaking, vehicle defects, overloading, drinking and driving, bad roads and inadequate road signs, pedestrian abuses of road traffic signs and other human errors that most of them are associated with poor driving as presented in table 1.1. Table 1.1: Road Traffic Accidents 1990-2010
ROAD TRAFFIC ACCIDENTS STATISTICS IN TANZANIA MAINLAND
Reckless Vehicles Defects Speed External Factors Alcohol/ Intoxication Careless Motor Cyclist Careless Cyclist Careless Pedestrians TOTAL

Year Driving 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 6,428 5,527 6,989 7,282 7,358 6,836 7,577 8,085 6,079 5,745 7,041 6,743 8,179 10,916 9,366 8,952 9,366 8,170 8,531 11,059 3,588

1,734 1,829 1,875 1,920 2,508 2,804 2,308 2,080 1,870 2,283 2,797 2,440 2,641 2,503 2,403 2,234 2,403 1,886 2,178 2,233 4,086

216 238 321 349 470 833 718 362 446 773 426 350 340 376
1,409 578 607 1,243 1,769 1,025 3438

2,176 2,318 2,641 2,858 2,978 2,926 2,935 2,845 2,967 3,986 3,064 3,418 3,419 2,491 2,993 3,045 2,995 5,432 2,468 2,894 5860

109 163 170 187 171 136 175 106 91 199 170 98 99 68 171 163 171 320 278 221 580

219 221 284 303 339 369 367 330 1,077 1,088 311 924 827 483 757 1,405 757 754 1,384 2,347 1,987

564 653 786 870 926 923 1,053 946 892 1,046 1,276 891 891 367 607 758 1,409 1,064 1,232 1,701 3,906

651 653 791 819 1,025 937 950 799 1,134 850 1,056 1,096 1,463 1,463 1,337 1,248 1,337 840 2,775 1,259 1,220

12,097 11,602 13,857 14,588 15,775 15,764 16,083 15,553 14,556 15,970 16,141 15,960 17,859 18,667 19,043 18,383 19,045 19,709 20,615 22,739 24,665

Source: Traffic Police, Dar es Salaam (2011)

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2.

Related Literature Review

2. 1 Road Traffic Act, 1973 -Tanzania a) Driving of a motor vehicle while under the influence of drink or drugs Sec. 44: Any person who, while under the influence of drink or drug., to such an extent as to be incapable of having proper control of a motor vehicle or trailer, drives or attempts to drive or in charge of motor vehicle or trailer on any road or other public place shall be guilty of an offence. b) Driving of a motor vehicle with blood alcohol concentration above the prescribed limit Sec. 45: (l) Any person who drives or attempts to drive or is in, charge of a motor vehicle or trailer on a road or other public place, having consumed alcohol such quantity that the proportion thereof in his blood, as ascertained from a laboratory test for which he subsequently provides a specimen under section 46 of this Act, exceeds the prescribed limit at the time he provides the specimen, shall be guilty of an offence

(2) A person shall not be. convicted under this section of being in charge of a i motor vehicle or trailer if he, proves that at the material time, the 'circumstances were such that there was no likelihood of his driving it so long as there was any probability of his having alcohol in his blood in a proportion exceeding the prescribed limit.

(3) In determining for the purpose of subsection (2), the likelihood of any person driving a motor vehicle or a trailer when he is in injured or when vehicle is damaged, the court may disregard the fact that he had been injured or that the vehicle had been damaged.

(4) Notwithstanding the provision of subsection (1), (2) or (3) of this section, any person who, when driving or in charge of, or during any period of duty in connection with the driving of, a motor vehicle licensed under the Transport Licensing Act, 1973, drinks any intoxicating liquor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding two years or to both such fine and imprisonment. (5) Any person who gives any driver or any, person in charge of a motor vehicle, licensed under the Transport Licensing Act, 1973 any intoxicating liquor, whether for reward or not, shall be
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guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment not exceeding twelve months or to both such fine and imprisonment c) Blood Tests Sec. 46: (1) A police officer may require any person driving or attempting to drive or in charge of a motor vehicle or trailer on a road or other public place to accompany him to a police station or the surgery of a medical practitioner to provide a specimen of blood for a laboratory test there if the police officer has reasonable cause- (a) to suspect him of having alcohol in his body; or (b) to suspect him of having committed a traffic offence while the motor vehicle or trailer was in motion. (2) If an accident occurs owing to the presence of a motor vehicle or trailer on a road or other public place, a police officer in uniform may require any person who, he has reasonable cause to believe, was driving or attempting to drive or was in charge of the vehicle at the time of the accident to accompany him to a police station or the surgery of a medical practitioner to provide a specimen of blood for a laboratory test; but a person shall not be required to provide such a specimen of blood while at a hospital as patient if the medical practitioner in charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen of blood on the ground that, its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. (3) If a person required by a police officer under subsection (1) or (2) of this section to provide a specimen of blood for laboratory test fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his body, the police officer may arrest him without warrant except while he is at a hospital as a patient. (4) Any person required to provide a specimen of blood pursuant to the provisions of this section who refuses to provide such specimen of blood shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings and failure to provide a specimen of blood shall be taken by the court as a prima facie evidence that the accused blood alcohol was, at the time when he was driving or was in charge of the vehicle, above the prescribed limit.

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d) Persons authorized to withdraw and analyze blood Sec.47: (1) When a person submits to a blood test at the request of a police officer made pursuant to the provisions of section 46 of this Act, only a medical practitioner or registered nurse may withdraw blood for the, purpose of determining the alcoholic content therein. (2) Chemical analysis of the person's blood shall be considered valid under this section if performed according to methods approved by the Chief Medical officer, by a person possessing a valid permit issued by the Chief Medical officer for this purpose. (3) The Chief Medical officer may approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct such analyses and issue permits which shall be subject to termination or revocation at the discretion of the Chief Medical officer. (4) The person tested may have a medical practitioner, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing to administer a chemical test in addition to any test administered at the direction of the police officer, but failure or inability to obtain an additional test by such person shall not preclude the admission of evidence relating to a test taken at the direction of a police officer in accordance with the provisions of this section. (5) Upon the request of the person who submits to a blood test pursuant to the provisions of this section, full information concerning the test shall be made available to him or his advocate.

e)

Detention of persons whilst affected by alcohol

Sec. 48: Any person required to provide a specimen of blood for a laboratory test pursuant to the provisions of this Act may thereafter be detained at a police station until it appears to a police officer that the proportion of alcohol in that person's blood does not exceed the prescribed limit-

Observations Driving under the influence of alcohol as a traffic offence is usually difficult to enforce because no specific quantity of alcohol in the blood has been defined by law as constituting an offence and the police are rarely equipped with the breath analyzing equipment. The alternative of having a blood alcohol test by a doctor is also not effective because hospitals and health centers
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are often far away from the accident scenes or from where the driver is stopped on suspicion of driving while under the influence of alcohol. These circumstances leave a lot of room for corrupt practices, which further endangers road safety, Batalia, (2001). Sec.49: For the purposes of this Act, the expression ‘’prescribed limit’’ means eighty milligrams of alcohol in one hundred milliliters of blood, Road Traffic Act CAP 168 R.E (2002) f) Major causes of Road Traffic Accidents According to Road Traffic accident Report (2007), the problem of driving while intoxicated is ranked the last (number 8 out of 8 items) in the official statistics table 2.1 but the stakeholders are of the opinion that it is a serious contributor to road traffic accidents especially during the evenings and weekends. A scientific study may help to define the actual extent of the drinking and driving problems. Therefore, a road side surveys during the evenings and weekends could be commissioned to assess the problem and identify the mitigation measures.
Table 2.1: Major Causes of Road Traffic Accidents
Causes of Road Traffic Accidents 2000 2001 2002 2003 2004 2005 Sub Total % Rank

Reckless/Dangerous Driving Defective motor vehicles Careless pedestrian Excessive speed Careless motor cyclist Careless pedal cyclist Intoxication (alcohol) Others i.e. bad road/slippery Total

7041 2797 850 426 924 1276 170 1064 14548

6743 2440 1056 350 827 891 98 1472 13877

8179 2641 1096 340 827 891 99 1417 15490

10916 2503 1463 376 483 367 68 488 16664

9366 2403 1337 1409 757 607 171 989 17039

4318 1164 566 263 286 359 92 768 7816

46563 13948 6368 3164 4104 4391 698 6198 85434

54.5 16.3 7.5 3.7 4.8 5.1 0.8 7.3 100

1 2 3 7 6 5 8 4

Source: SUMATRA- Road Traffic Accidents Report, 2007

2.2 National Road Traffic Act, 1996-South Africa Driving while under the influence of intoxicating liquor or a drug having a narcotic effect, and miscellaneous offences; 64. No person shall drive a vehicle on a public road without reasonable consideration for any other person using the road. Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with excessive amount of alcohol in blood or breath;

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65. (1) No person shall on a public road- (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while under the influence of intoxicating liquor or a drug having a narcotic effect. (2) No person shall on a public road (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while the concentration of alcohol in any specimen of blood taken from any part of his or her body is not less than 0.05 gram per 100 milliliters, or in the case of a professional driver referred to in section 32, not less than 0.02 gram per100 milliliters. (3) If, in any prosecution for an alleged contravention of a provision of subsection (2), it is proved that the concentration of alcohol in any specimen of blood taken from any part of the body of the person concerned was not less than 0.05 gram per 100 milliliters at any time within two hours after the alleged contravention, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0.05 gram per 100 milliliters at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not less than 0.02 gram per 100 milliliters, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0.02 gram per 100 milliliters at the time of the alleged contravention. (4) Where in any prosecution in terms of this Act proof is tendered of the analysis of a specimen of the blood of any person, it shall be presumed, in the absence of evidence to the contrary, that any syringe used for obtaining such specimen and the receptacle in which such specimen was placed for dispatch to an analyst, were free from any substance or contamination which could have affected the result of such analysis. (5) No person shall on a public road (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while the concentration of alcohol in any specimen of breath exhaled by such person is not less than 0.24 milligrams per 1 000 milliliters, or in the case of a professional driver referred to in section 32, not less than 0.10 milligrams per 1 000 milliliters.

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(6) If, in any prosecution for a contravention of a provision of subsection (5), it is proved that the concentration of alcohol in any specimen of breath of the person concerned was not less than 0.24 milligrams per 1 000 milliliters of breath taken at any time within two hours after alleged contravention, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0.24 milligrams per 1 000 milliliters at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not less than 0.10 milligrams per 1 000 milliliters, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0.10 milligrams per 1 000 milliliters at the time of the alleged contravention.

(7) For the purposes of subsection (5) the concentration of alcohol in any breath specimen shall be ascertained by using the prescribed equipment. (8) Any person detained for an alleged contravention of any provision of this section shall not: (a) During his or her detention consume any substance that contains alcohol of any nature, except on the instruction of or when administered by a medical practitioner; (b) During his or her detention smoke until the specimen referred to in subsection (3) or (6) has been taken, as the case may be (9) No person shall refuse that a specimen of blood or a specimen of breath be taken of him/her. 2.2.1 SAB’s Position on Responsible Alcohol use South African Breweries (SAB) recognizes it has a responsibility to make consumers aware of the dangers arising from the misuse of alcohol. The majority of people who consume alcoholic beverages do so responsibly. SAB aims to ensure that this trend is encouraged. The company believes that effectively combating abuse and misuse requires addressing drinking patterns and behaviors. That means tackling not just chronic patterns of abuse, but also the harm that may result from occasional over-consumption by those whose total overall consumption may not be excessive.

No single action is likely to reduce the problems that the misuse of alcohol can cause. Enforcement of existing laws governing sale, consumption and behavior once intoxicated;

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education to equip individuals to take personal responsibility for their drinking choices; and selfregulatory controls are the most effective way forward. SAB recognizes it has a responsibility to make consumers aware of the dangers arising from the misuse of alcohol such as drinking and driving, SAB’s Strategy to Tackle Alcohol Abuse: beyond Education; drunken driving SAB has partnered with local and provincial law enforcement agencies to open state-of-the art Alcohol Evidence Centers (AECs). The AECs are equipped with the necessary equipment to detect a driver’s breath alcohol concentration level accurately through a single breath sample. To date, 15 AECs have been opened around the country effectively covering most major centers in South Africa. SAB expects to double this number of AEC’s during 2011/2012; an effort that the business believes will have a significant impact on drunken driving in South Africa.

The accuracy of the data collected at these centre has dramatically improved the prosecution rates of those detained under suspicion of driving under the influence of alcohol. The equipment supplied to the centers includes breathalyzers, a closed circuit television network and a server to monitor the testing process. The breathalyzer machines are able to take an instant and accurate reading of an individual’s breath alcohol level. The reading is then used as evidence to secure a conviction of drunk driving. To date in excess of 17,500 people have been processed through the AECs and evidence suggests that these are contributing to a reduction in drunken driving fatalities in the areas where they are most prevalent.

2.2.2 South Africans against Drunken Driving (SADD) Sponsorship SAB has for a number of years sponsored SADD in their University Drunken Driving Programme. As a result of the funding in 2011, SADD will be able to provide funding to eight universities and technikons, reaching tens of thousands of students through a peer education approach. The aims of SADD’s university program are as follows:   Change attitudes so that: “Friends Don’t Let Friends Drink then Drive” Teach young people about the effects of alcohol on driving skills, so that they can make a responsible decision and choose to not drink and drive or walk

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 

Teach young people about the harmful effects of alcohol abuse and advice on alternatives Bring down the high injury and death rate as a result of drunken driving in the student population group

SADD’s research has shown that responsible driving only comes about because people are afraid of the legal and financial repercussions of their actions. SADD has commented that it “applauds SAB for funding the AECs, as it has been proven that frequent and random breath alcohol testing and appropriate harsh penalties are the only measures that reduce drinking then driving. SADD and SAB’s partnership is also now beginning to bear fruit and starting to save lives.”

2.3 The Traffic Act CAP. 403, Rev. 2009 - Kenya 2.3.1 Driving under influence of drink. 11 of 1983, Sch., 1 of 1986, s. 10. 44. (1) Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding eighteen months or to both.

(2) A person convicted of an offence under this section shall, without prejudice to the power of the court to order a longer period of disqualification, be disqualified, for a period of twelve months from the date of conviction, for holding or obtaining a license.

Prohibition of drinking when driving or in charge of public service vehicle 11 of 1983, Sch. 1 of 1986, s. 11 45. (1) Any person who, when driving or in charge of, or during any period of duty in connexion with the driving of, a public service vehicle, drinks any intoxicating liquor shall be guilty of an offence and liable to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding two years or to both. (2) Any person who gives any driver or any person in charge of a public service vehicle any intoxicating liquor, whether for reward or not, shall be guilty of an offence and liable to the same penalties as a person guilty of an offence under subsection (1).

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2.3.2 Campaign against Alcohol in East Africa EABL flags off the new “Friends Don't Let Friends Drink & Drive” branded taxis East African Breweries Limited (EABL) has commissioned another fleet of branded taxis to provide transport services to pub patrons, an initiative that aims to promote and advocate for responsible consumption of alcohol and road safety. Responsible Drinking campaign dubbed ‘Friends don’t let Friends Drink and Drive’ has since been rolled out in Uganda and replicated in Tanzania. The branding of taxis initially began in Nairobi and has so far seen over 160 taxis dispatched to various entertainment joints both in Nairobi and Mombasa.

To date, EABL has invested more than Ksh100 Million in the campaign. EABL Group noted that, “This initiative has been driven by the need to promote responsible drinking habits and ensure the safety of the patrons. We are always seeking innovative ways to address concerns around responsible drinking. Patrons must always ensure their friends don’t drive home after a fun night out but take the taxi home or have a designated driver.” Responsible Drinking campaign has achieved successful milestones through several initiatives that have seen different stakeholders come on board to help disseminate responsible drinking messages to selected target markets. Some of these initiatives include, appointing of a music star, Nameless, as the Responsible Drinking Ambassador in 2009 , ‘Don’t Drink and Drive’, an initiative that saw EABL invest Ksh10 Million in partnership with Total Kenya which involves placement of eye-catching signs at selected Caltex service stations that remind consumers to ‘leave the drinking to your car’ and ‘don’t drink and drive’, ‘The Space- it -out campaign’ which ensures that EABL product consumers are conscious of their responsibility to the public and themselves. The campaign involved a group of Responsible Drinking ambassadors periodically visiting various outlets providing patrons with tips on Responsible Drinking.
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In 2008, the partnership between EABL and Kenya Taxi Cab Association saw 32 branded taxis deployed in major entertainment spots in Nairobi in the first phase before the project rolled out to other parts of the country. To promote self-regulation and minimize alcohol-related harm by advocating for responsible consumption, EABL has embarked on various models of communications to reach out to the various groups in the market. This includes training of bar attendants, reaching out to University lecturers on responsible drinking; heighten media communication, and organizing forums for underage drinking among others. 2.4 Roads and Road Traffic Act, CAP 464 - Zambia 196. (1) Any person who drives a motor vehicle upon any road recklessly, or at a speed or in a manner which is dangerous to the public, regard being had to all the circumstances of the case, including the nature, condition and use of the road, and to the amount of traffic which is actually at the time, or which might reasonably be expected to be on the road, shall be guilty of an offence and liable upon conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding five years, or to both reckless or dangerous driving (2) Any road traffic inspector in uniform or police officer may arrest without warrant the driver of any motor vehicle who commits or is reasonably suspected of committing an offence under this section within his view if he refuses to give his name and address or if the road traffic inspector in uniform or police officer has reason to believe that the name or address so given is false, or if the motor vehicle does not bear a registration mark. (As amended by Act No. 35 of 1974 and Act No. 13 of 1994) 197. (1) Any person who, when in charge of a motor vehicle which is on a road, but not driving the vehicle, is under the influence of intoxicating liquor or drugs to such an extent as to be incapable of having proper control of such vehicle, shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units, and in the case of a second or subsequent conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both: Being in charge of motor vehicle when under influence of drink or drugs.

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Provided that a person shall be deemed, for the purposes of this section, not to have been in charge of a motor vehicle if he proves(i) That at the material time the circumstances were such that there was no reasonable likelihood of his driving the vehicle so long as he remained unfit to drive; and (ii) That between his becoming unfit to drive and the material time he had not driven or attempted to drive the vehicle on a road. In this subsection, the expression "unfit to drive" means under the influence of intoxicating liquor or drugs to such an extent as to be incapable of having proper control of a motor vehicle. (2) Any road traffic inspector in uniform or police officer may arrest without warrant any person committing or reasonably suspected of committing an offence under this section. 198. (1) Any person who, when driving or attempting to drive a motor vehicle on a road, is under the influence of intoxicating liquor or drugs to such an extent as to be incapable of having proper control of such vehicle shall be guilty of an offence and shall upon conviction be sentenced to either - Driving when under influence of drink or drugs (a) Imprisonment for a period of not less than six months nor more than five years; or (b) Imprisonment to be served during a number of consecutive week-ends, not being less than thirty nor more than fifty-two, in this section referred to as week-end imprisonment; and may in addition be sentenced to a fine not exceeding fifteen thousand penalty units. (2) Any road traffic inspector in uniform or police officer may arrest without warrant any person committing or reasonably suspected of committing an offence under this section. (3) Where a person is sentenced to week-end imprisonment(a) The warrant of the court which passed the sentence shall be the authority for such person to be immediately taken to a prison situated as close as possible to such person's usual place of abode; (b) The officer in charge of the prison to which such person is taken shall record, or cause to be recorded, the relevant particulars of such person and shall give to him a record book in which shall be recorded by the prison authorities the number of week-ends to be served by him in prison and the dates and times of his surrender to and release from prison; on the completion of the recording of these particulars (which shall take no
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longer than absolutely necessary) the person sentenced to week-end imprisonment shall be then released until he first surrenders himself under paragraph (c); (c) He shall surrender himself to the prison at 6.30 p.m. each Friday and be released at 6.30 p.m. each Sunday during the continuance of his sentence. (4) When considering whether to pass a sentence of week-end imprisonment, the court shall ask the person about to be sentenced whether he has any objection to such course being taken and shall record the reasons given for any objection which may be raised. (5) If a person sentenced to week-end imprisonment fails to surrender himself at the times and place required and as recorded in the book referred to in paragraph (b) of subsection (3), the officer in charge of the prison shall give written notification of the fact to the court which passed the sentence, and the said court shall issue a warrant for the said person to be arrested and brought before it. (6) Where, under the provisions of subsection (5), a person is brought before the court by which he was sentenced to week-end imprisonment, the court shall, unless it sees fit to order the continuation and completion of the total number of week-ends to be served in prison, cancel its original order and substitute therefore, making due allowance for any week-ends actually served by him, a sentence of imprisonment for a fixed period of not less than six months nor more than five years. 198A. A person who has been arrested for an offence under section one hundred and ninetyseven or one hundred and ninety-eight may be required by a police officer of or above the rank of Assistant Inspector to subject himself to a medical examination by a medical practitioner for the purpose of ascertaining whether, in the opinion of the said medical practitioner, the said person was, at the time when he was in charge of a motor vehicle on a road or when he was driving or attempting to drive a motor vehicle on a road, as the case may have been, he was under the influence of intoxicating liquor or drugs to such an extent as to have been incapable of having proper control of such vehicle. No. 42 of 1971 and No. 35 of 1974; Arrested person to submit a medical examination 198B (1) For the purposes of this section and of section one hundred and ninety-eight A- "fail", in relation to providing a specimen, includes refuse and "failure" shall be construed accordingly; "laboratory test" means the analysis of a specimen provided for the purpose; "medical practitioner" means a person registered on the register of fully registered, provisionally registered or temporarily registered medical practitioners under the Medical and Allied Professions Act.
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TARA – 14th Annual Roads Convention Proceedings, November 17, 2011

UK Experience It is an offence for a person to drive or attempt to drive a motor vehicle on a road or other public place with excess alcohol in his breath, blood or urine as evidenced by a certificate of analysis or printout. Drink driving, driving under the influence of alcohol, drunk driving, driving or attempting to drive a motor vehicle with excess alcohol, driving with excess alcohol, Road Traffic Act, 1988 S.5 (1) (b). It is an offence for a person to drive or attempt to drive a mechanically propelled vehicle on a road or other public place while unfit to drive through drink or drugs. Drink driving, drug driving, drunk driving, driving under the influence of drink or drugs, driving or attempting to drive a mechanically propelled vehicle while unfit through drink or drugs. Road Traffic Act, 1998 s.4 (1). Table 2.2: Drunk Driving Punishment Maximum punishment / Custodial Sentence
Driving offence
Driving or attempting to drive while unfit Driving or attempting to drive with excess alcohol In charge while unfit In charge with excess alcohol Failing to co-operate with a preliminary test Failing or refusing to supply an evidential specimen when "driving or attempting to drive" Failing or refusing to provide an evidential specimen when not "driving or attempting to drive" Failure to allow specimen to be subjected to laboratory test when "driving or attempting to drive" Causing death by careless driving under the influence of drink or drugs ** Causing death by careless driving and then failing to supply specimen for analysis **

Prison sentence
6 months

Fine
£5,000

Driving ban 12-36 months
Obligatory

Penalty points 3-11*

Endorsement code
DR20 DR80 (drugs) DR10 DR50 DR90 (drugs) DR40 DR70 DR30 (drink) (drink)

6 months 3 months 3 months 6 months

£5,000 £5,000 £2,500 £1,000 £5,000

Obligatory Discretionary Discretionary Discretionary Obligatory

3-11* 10 10 4 3-11*

3 months

£2,500

Discretionary

10

DR60

6 months

£5,000

Obligatory Obligatory 2 years minimum Obligatory 2 years minimum

3-11* CD40 (drink) CD50 (drugs) CD60 (excess alcohol) CD70

14 years

Unlimited

3-11*

14 years

Unlimited

3-11*

* No points may be imposed when offender is disqualified
** Where a court disqualifies a person on order an extended retest and for those offences marked conviction for one of these offences, it must

If you have any previous drink drive convictions within a 10 year period then the driving ban you will receive will be a minimum length of 3 years.
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TARA – 14th Annual Roads Convention Proceedings, November 17, 2011

Table 2.3: Other Motoring Offences
Maximum punishment / Custodial Sentence
Driving offence Causing deaths, or grievous bodily injury by dangerous driving * Dangerous driving * Aggravated vehicle taking causing death or grievous bodily injury Careless or inconsiderate driving Failing to stop after an accident (collision) or failing to report an accident(collision) Driving when disqualified Causing death, or grievous bodily injury by careless or inconsiderate driving Causing death, or grievous bodily injury by driving uninsured, unlicensed or while disqualified Driving without insurance Speeding Traffic light offences No MOT certificate Seat belt offences Failing to identify driver of a vehicle Prison sentence 14 years 5 years 14 years Fine Unlimited Unlimited Unlimited £5,000 Driving ban Obligatory 2 years minimum Obligatory Obligatory Discretionary Penalty points 3-11 if exceptionally not disqualified 3-11 if exceptionally not disqualified 3 - 11 3-9

6 months

£5,000

Discretionary

5 - 10

2 years

Unlimited

Discretionary

6

5 years

Unlimited

Obligatory

3 - 11

2 years

Unlimited

Obligatory

3 - 11

6 months

£5,000 £1,000 (£2,500 for motorway offences) £1,000 £1,000 £500 £1,000

Discretionary

6-8 3 (or 3 fixed penalty) 3 3 6 6

-

Discretionary Discretionary Discretionary

* Where a court disqualifies a person on conviction for one of these offences, it must order an extended retest and for those offences marked

Drink-Driving and the risk of a Road Traffic Accident There is strong evidence that someone’s ability to drive is affected if they have any alcohol in their blood. Drivers with a BAC of between 0.02 and 0.05 have at least a three times greater risk of dying in a vehicle crash. This risk increases to at least six times with a BAC between 0.05 and 0.08, and to 11 times with a BAC between 0.08 and 0.10, Killoran. A. (2010);

Studies consistently demonstrate that the risk of having an accident increases exponentially as more alcohol is consumed. Younger drivers are particularly at risk of crashing whenever they

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have consumed alcohol – whatever their BAC level – because they are less experienced drivers, are immature and have a lower tolerance to the effects of alcohol than older people. Effectiveness of BAC laws Overall, there is sufficiently strong evidence to indicate that lowering the legal BAC limit for drivers does help reduce road traffic injuries and deaths in certain contexts. A number of studies indicate that lowering the BAC limit from 0.10 to 0.08 reduces road traffic injuries and fatalities, although the scale of effect varies. They include high quality review evidence. The effect is independent of other control measures (in particular, administrative license suspension). Public Awareness and Enforcement of BAC laws There is sufficiently strong evidence to indicate that publicity and visible, rapid enforcement is needed if BAC laws are to be effective. Drivers need to be aware of – and understand – the law. They also need to believe they are likely to be detected and punished for breaking the law. Sobriety checkpoints (random and selective breath testing) can help reduce road traffic injuries and deaths, according to two high-quality reviews (Peek-Asa 1999; Shults et al. 2001 [both ++]). In addition, Random Breath Testing (RBT) had an immediate, substantial and permanent impact on accidents in three out of the four states studied in an Australian study (Henstridge et al. 1997 [+]). A further study showed that sobriety checkpoints in US states helped enforce the 0.08 law (Tippetts et al. 2005 [+]).High quality review evidence also shows that mass-media campaigns can reduce alcohol-impaired driving and alcohol-related crashes (Elder et al. 2004).

A European review of enforcement measures (Makinen et al 2002) showed that countries fulfilling most of the following criteria have the lowest drink driving figures: • Long tradition in drink driving enforcement including low legal limits • Relatively high objective risk of detection (as measured by proportion of drivers tested) • Mass media supporting enforcement

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3. Methodology The study used documentary reviews such as annual reports to collect secondary data on alcohol sales, profits and annual roads traffic accidents from breweries and traffic police force. Primary data were collected using questionnaires, interviews and focused group discussions to obtain data on driver drinking behavior and laws, blood alcohol driver testing and alcohol influencing road accident level. The study sampled three hundred eighty four (384) from VIP, Industrial and Passenger Service Vehicle (PSV) drivers coming from all over Tanzania attending different training programs at the National Institute of Transport in Dar es Salaam who dully filled questionnaires, accepted interviews and focused group discussions and analyzed using Statistical Package for the Social Sciences (SPSS). The researchers held intensive focused group discussions with traffic police at Ubungo Bus terminal station in Kinondoni region of police. The data analysis was done using statistical tool called Pearson’s coefficient of correlation. Correlation tells that as one variable changes, the other seems to change in a predictable way.  All correlation coefficients range from -1.00 to +1.00. A correlation coefficient of -1.00 tells that there is a perfect negative relationship between the two variables. This means that as values on one variable increase there is a perfectly predictable decrease in values on the other variable.  A correlation coefficient of +1.00 tells that there is a perfect positive relationship between the two variables. This means that as values on one variable increase there is a perfectly predictable increase in values on the other variable.

 The closer a correlation coefficient approaches plus or minus 1.00 the stronger the relationship is and the more accurately you are able to predict what happens to one variable based on the knowledge you have of the other variable. The correlation coefficient r (also called Pearson's product moment correlation after Karl Pearson) was calculated by

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4.0 Data Presentation, Analysis and Findings 4.1 Data Presentation and Analyses Data collected were on the sales of alcohol, profit obtained were reviewed from the annual reports of alcohol producing and selling companies in Dar es Salaam and the number of road accidents occurred from 2000 to 2010 was given by Traffic police as shown below; Table 4.1: Alcohol Sales and Number of Accidents (2000-2010)
Xa1 Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Sales (Tsh.M) 144,795 125,082 135,059 174,048 197,982 229,644 260,628 314,878 383,181 464,539 527,768 Xa2 Xb1 Xb2
Profit(Tshs M)

Y
No. Accidents

Profit(Tshs M) Sales (Tsh.M) 31,554 29,121 34,218 47,635 57,471 69,332 85,584 95,603 109,168 115,187 133,842 7,439 8,380 10,132 12,190 14,125 15,651 17,907 26,769 36,409 45,978 64,938

1,600 2,023 2,415 3,081 3,572 4,215 4,411 6,366 7,891 10,398 14,676

16,141 15,960 17,859 18,667 19,043 18,383 19,045 19,709 20,615 22,739 24,665

Source: Xa, Xb data from alcohol companies & Y Traffic Police HQ Dar es Salaam 2011

a) Pearsons Correlation Coefficient Analyses
Table 4.2: Correlations between Sales of company Xa1 Vs Road Accidents
Sales Xa1 (Tshs M) .956 1.000 .000 . 11 11

Pearson Correlation Sig. (1-tailed) N

Accidents (Y) Sales Xa1 (Tshs M) Accidents (Y) Sales Xa1 (Tshs M) Accidents (Y) Sales Xa1 (Tshs M)

Accidents (Y) 1.000 .956 . .000 11 11

From table 4.2, a Pearson correlation coefficient results of + .956 was found , this is very close +1, it tells that there is a perfect positive relationship between an increase in sales of alcohol (Xa1) as an independent variable and road accidents as a (Y) dependent variable. This means that

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as values on one independent variable (sales in alcohol) increase there is a perfectly predictable increase in values on independent variable (road accidents).
Table 4.3: Correlation between Sales of Company Xb1 Vs Road Accidents Sales Xb1 (Tshs M) .960 1.000 .000 . 11 11

Pearson Correlation Sig. (1-tailed) N

Accidents (Y) Sales Xb1 (Tshs M) Accidents (Y) Sales Xb1 (Tshs M) Accidents (Y) Sales Xb1 (Tshs M)

Accidents (Y) 1.000 .960 . .000 11 11

From table 4.3, a Pearson correlation coefficient result of +.96 was found, this is very closer to +1. However, company Xb1 is selling different type of alcohol and is not in competition with company Xa1 again the correlation coefficient results tells that there is a perfect positive relationship between an increase in sales of alcohol (Xb1) as an independent variable and road accidents as a (Y) dependent variable. This means that as values on one independent variable (sales in alcohol) increase there is a perfectly predictable increase in values on independent variable (road accidents).
Table 4.4: Correlations between Combined Sales of Xa1 +Xb1 Vs Road Accidents Sales Tshs M(Xa1 &Xb1) .958 1.000 .000 . 11 11

Pearson Correlation Sig. (1-tailed) N

Accidents (Y) Sales Tshs. M(Xa1 &Xb1) Accidents (Y) Sales Tshs. M(Xa1 &Xb1) Accidents (Y) Sales Tshs. M(Xa1 &Xb1)

Accidents (Y) 1.000 .958 . .000 11 11

From table 4.4, a Pearson correlation coefficient result of +.958 was found, this is very closer to +1. The sales of two companies were combined i.e. Xa1 + Xb1 selling complimenting types of alcohol again the correlation coefficient results tells that there is a perfect positive relationship between an increase in sales of alcohols Xa1 + Xb1 as an independent variable and road accidents as a (Y) dependent variable. This means that as values on one independent variable (sales in alcohols) increase there is a perfectly predictable increase in values on independent variable (road accidents).
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TARA – 14th Annual Roads Convention Proceedings, November 17, 2011

b) SPSS Analyses i. Drivers’ license acquisition, age and classes

Regarding drivers license acquisition, the sampled drivers’ responses are summarized in figure 4.1, where 77.3% of respondents had obtained their driving license before year 2008. Figure 4.1: Year you obtained your Driving License
50

40

30

20

Frequency
10 0 1970 1977 1984 1988 1992 1996 2000 2004 2008 1974 1981 1986 1990 1994 1998 2002 2006 2010

The sampled drivers had shown that 52.6% had obtained class C in their first driver license application while 23.2% had obtained class D and 22.4% had obtained class E. Only 0.3% of drivers obtained class B as is illustrated in figure 4.2 below.

Figure 4.3: depicts that there were 27.6% of drivers having license aged more than ten (10) years while 50.0% of all sampled drivers had driving license aged more than four (4) years. Only 25.5% of respondents had driving license aged less than two (2) years.

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TARA – 14th Annual Roads Convention Proceedings, November 17, 2011

Figure 4.2: The Class of your First Driving License
B E

C

D

C1

Figure 4.3: Age of your Current Driving License
0 - 2 years

10 years and above

8 - 10 years

6 - 8 years 2 - 4 years

4 - 6 years

ii.

Driver Alcohol drinking behavior

Table 4.5; Present data collected on alcohol drinking behavior. Drivers were required to disclose whether they do normally take alcohol in their social life or not. The responses show that 37.5% of the respondents do take alcohol on regular basis while 62.5% do not. These responses could have been influenced by respondents’ awareness on the BAC test, which they were taught in their respective training courses.

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Table 4.5: Driver Alcohol drinking behavior
Frequency 144 240 384 Percent 37.5 62.5 100.0 Valid Percent 37.5 62.5 100.0 Cumulative Percent 37.5 100.0

Valid

Yes No Total

Source: Survey October 2011

iii.

Laws Prohibiting Drunken Driving and BAC Awareness

In determining the level of awareness on laws prohibiting driving under the influence of alcohol, respondents were asked to state whether they know the laws or not. Table 4.6; depicts that 90.6% of the sampled respondents are aware of the laws and only 9.4% are not aware of the laws.
Table 4.6: Awareness on Laws Prohibiting Drunken Driving
Cumulative Percent 90.6 100.0

Valid

Yes No Total

Frequency 348 36 384

Percent 90.6 9.4 100.0

Valid Percent 90.6 9.4 100.0

Source: Survey October 2011

In assessing the practicability of BAC test in Tanzania, the study requested respondents to state whether they have been tested on BAC for their entire driving life in Tanzania. This question aimed at filtering BAC test undertaken to transit drivers while they are beyond Tanzanian borders. Table 4.7 shows that only 6.0% of all respondents happened to be tested once on the BAC in their entire life of driving while 94.0% had never been tested.
Table 4.7: Drivers Tested by Police for BAC in Tanzania
Cumulative Percent 6.0 100.0

Valid

Yes No Total

Frequency 23 361 384

Percent 6.0 94.0 100.0

Valid Percent 6.0 94.0 100.0

Source: Survey October 2011

iv.

Drunken Driving Association with Road Traffic Accidents

When the sampled drivers requested to state their experience on the relationship between driving under the influence of alcohol and an increase in road traffic accidents, 94.3% admitted that there is a relationship and only 5.7% responded that there is no relationship as per table 4.8.
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TARA – 14th Annual Roads Convention Proceedings, November 17, 2011 Table 4.8: Relationship between Drunken Driving and Road Traffic Accidents
Cumulative Percent 94.3 100.0

Valid

Yes No Total

Frequency 362 22 384

Percent 94.3 5.7 100.0

Valid Percent 94.3 5.7 100.0

Source: Survey October 2011

In analyzing driving license classes and drivers normal alcohol drinking behavior, the two variables were compared using cross tabulation. The study reveals that 44.6% of all holders of driving license class C were found to take alcohol on regular basis. These are qualified drivers to drive passenger service vehicles in Tanzania while 31.5% of all sampled holders of driving license class D were found to take alcohol on regular basis and 29.1% of all sampled holders of driving license class E do take alcohol on regular basis as presented in table 4.9:
Table 4.9: Crosstab Class of Driving License against Driver Normal Alcohol Drinking Behavior
Driving License Class B C C1 D E TOTAL Normal Alcohol Drinking Yes % No 0 90 1 28 25 144 0.0 44.6 16.7 31.5 29.1 37.5 1 112 5 61 61 240 % 100.0 55.4 83.3 68.5 70.9 62.5 TOTAL 1 202 6 89 86 384

Source: Survey October 2011

In collecting views from drivers on the association between drunken driving and an increase of road traffic accidents in Tanzania, respondents were requested to give their estimates in percentage by how much drunken driving leads to road traffic accidents. Figure 4.4 shows that 66.7% of all respondents estimated that drunken driving leads to road traffic accidents by more than 50% of all road traffic accidents in Tanzania while 10.4% estimated that drunken driving leads to road traffic accidents by 40 – 50% and 14.6% estimated that drunken driving leads to road traffic accidents by 10 – 40%.

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TARA – 14th Annual Roads Convention Proceedings, November 17, 2011
Figure 4.4: Estimated Alcohol and Drug Association with Road Traffic Accidents
0 - 10 % 999 10 - 20 % 20 - 30 % 30 - 40 %

40 - 50 %

50 % & above

4.2

Findings a) The study found that the prescribed legal BAC limit in Tanzania is 0.08gm per litre of blood. However, according to Killoran (2010), there is strong evidence that someone’s ability to drive is affected if they have any alcohol in their blood. Drivers with a BAC of between 0.02 and 0.05 have at least a three times greater risk of dying in a vehicle crash. This risk increases to at least six times with a BAC between 0.05 and 0.08, and to 11 times with a BAC between 0.08 and 0.10.

b) The perceived practicability of BAC test as part of qualitative findings from focused group discussions held with traffic police at Ubungo bus terminal station is that they had a single non functioning breathalyzer. When enquired from the Traffic Police head office on the number of breathers countrywide, they responded that there are only eighteen (18) units including the one at Ubungo bus terminal station. Moreover, the discussion revealed that in Dar es Salaam most of the road traffic accidents do occur on weekend especially in Kinondoni region of police. The reason associated to it is the high level of economy accompanied with large number of alcohol selling outlets and pubs in the region. However, the law requires a police officer to test any person if has any reasonable cause to suspect him of having alcohol in his body or to suspect him of having committed a traffic offence while the motor vehicle or trailer was in motion. This has led to failure in enforcing the law. c) Road traffic accident official statistics from traffic police and Surface and Marine Transport Regulatory Authority (SUMATRA) report 2007 ranks driving under the
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influence of alcohol the last cause of road traffic accidents in Tanzania while ranking reckless driving first and followed by defective motor vehicles. d) Campaigns against drunken driving in Tanzania are at dawn stage mainly being supported by traffic police while alcohol producing companies are not playing the leading role as the case in other countries such as South Africa and Kenya. e) The study found that there is a strong positive association between an increase in sales of alcohol and increase in road accidents with Pearson’s correlation coefficient r = 0.96. f) The study reveals that 37.5% of all drivers responded to the study do drink alcohol and 44.6% of drivers holding driving license class “C” do take alcohol on regular basis. g) Moreover, 66.7% of the survey respondents estimated that drunken driving contribute to road accidents by more than 50%.

5.0 5.1

Conclusion and Recommendations Conclusion

The study concludes that the current BAC of 0.08gms per litre of blood to drivers bear the risk of dying in a vehicle crash 11 times compared 0.02 and 0.05, which have at least a three times risk to zero BAC . It is currently difficult to practice blood alcohol concentration test due to the serious shortage of breathalyzer in Tanzania. Thus, even the official statistics do not reflect the real situation leading to difficulties in enforcing the law. There are very few campaigns against drunken driving in Tanzania when compared to South Africa and Kenya. Alcohol producing companies in Tanzania have recently started joining the campaigns, where such companies in South Africa and Kenya have long time ago been campaigning to drink responsibly and don’t drink and drive.

Furthermore, the study concludes that there is strong positive association between sales of alcohol and road traffic accidents i.e. as values on sales of alcohol increase there is a perfectly predictable increase in road traffic accidents. This is supported by survey findings where 66.7% of respondents estimated that drunken driving contribute to road accidents by more than 50%.

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5.2

Recommendations a) The BAC to drivers of 0.08gms of alcohol per litre of blood need to be lowered to 0.05gms per litre in order to reduce the risk of dying in a vehicle crash. b) The Government, alcohol producing and selling companies should use taxes earned from sales of alcohol and as part of corporate social responsibility respectively to put in place the highly needed breathalyzer. This will enhance the effective BAC testing and avail evidence for law enforcement to ensure justice prevails and reduce road traffic accidents in Tanzania. c) Traffic police should no longer rely on current official statistics because they are not reflecting the truth about drunken driving in Tanzania. The reckless/dangerous driving and over speeding are ranked first and second causes of road traffic accidents respectively may be due to drunken driving as there are no enough breathalyzers to test. d) Alcohol producing companies are recommended to emulate what their counterparts in South Africa and Kenya are doing in order to safeguard the lives of their customers through putting in Tanzania the most effective and long lasting campaigns against drunken driving and enhance responsible alcohol consumption. e) Following the strong positive association between sales of alcohol and road traffic accidents, the study recommends to alcohol producing companies to take more corporate social responsibilities in reducing road traffic accidents in Tanzania through road safety education and to sponsor road traffic accident researches. f) Notwithstanding, after acquisition of enough breathalyzer countrywide the law need to be amended to accommodate smooth practicability of BAC tests. It is recommended that drivers should not be tested after being suspected by police officer of having consumed high quantity of alcohol instead every driver should be ready to be tested at every police checkpoint as he will be driving a motor vehicle on a public road. Nonetheless, in all urban centers where alcohol sales outlets are allocated law enforcers are strongly recommended to conduct BAC tests in every weekend to motor vehicle drivers and adopt the weekend imprisonment sentence as applicable in the republic of Zambia in order to reduce the weekend road traffic accidents in all urban centers of Tanzania.

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6.0

References

Batalia.J.C (2001); Enforcement of Laws and Regulations that Govern the Road Transport Industry in East Africa; National Transport Corporation; Dar es Salaam, Tanzania Killoran, A. et al; (2010); Review of effectiveness of laws limiting blood alcohol concentration levels to reduce alcohol-related road injuries and deaths: Centre for Public Health Excellence NICE, London, U.K, www.nice.org.uk/phmethods RK (2009): The Traffic Act CAP. 403, Rev. 2009; National Council for Law Reporting www.kenyalaw.org, Nairobi, Kenya RZ (1995): Roads and Road Traffic Act, CAP 471; Government Printer; Lusaka, Zambia Sekularac, I (2011): Drunk Dutch drivers must fit "alcolocks" to cars; Reuters, Amsterdam SUMATRA (2007); Study on Road Accidents in Tanzania Mainland; Bureau of Industrial Cooperation, College of Engineering and Technology, UDSM. URT (1973): Road Traffic Act No. 1, of 1973: Government Printers, Dar es Salaam URT (2002): Road Traffic Act CAP 168 R.E 2002: Government Printers, Dar es Salaam RSA (1996): National Road Traffic Act, 93; Government Gazette, Pretoria, South Africa Batalia.J.C (2001); Enforcement of Laws and Regulations that Govern the Road Transport Industry in East Africa; National Transport Corporation; Dar es Salaam, Tanzania Killoran, A. et al; (2010); Review of effectiveness of laws limiting blood alcohol concentration levels to reduce alcohol-related road injuries and deaths: Centre for Public Health Excellence NICE, London, U.K, www.nice.org.uk/phmethods RK (2009): The Traffic Act CAP. 403, Rev. 2009; National Council for Law Reporting www.kenyalaw.org, Nairobi, Kenya RZ (1995): Roads and Road Traffic Act, CAP 471; Government Printer; Lusaka, Zambia Sekularac, I. (2011): Drunk Dutch drivers must fit "alcolocks" to cars; Reuters, Amsterdam SUMATRA (2007); Study on Road Accidents in Tanzania Mainland; Bureau of Industrial Cooperation, College of Engineering and Technology, UDSM. URT (1973): Road Traffic Act No. 1, of 1973: Government Printers, Dar Es Salaam URT (2002): Road Traffic Act CAP 168 R.E 2002: Government Printers, Dar es Salaam RSA (1996): National Road Traffic Act, 93; Government Gazette, Pretoria, South Africa

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