Some Members of Parliament have described as lenient the proposed penalties to be slapped on vessel owners or operators who violate safety standards and other requirements as provided for in the draft law governing land and waterways transport.

The bill is still under consideration by lawmakers, and a plenary session where they will be voting on it was scheduled on Monday afternoon.

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During a past session that was held on March 16, MPs said that the proposed flat fines in question were little, especially for large boats. They called for tougher penalties for the sake of passengers’ safety and goods protection.

Their proposal came as Rwanda seeks to develop maritime transport, especially on Lake Kivu located in the western part of the country, with a view to boost trade and tourism.

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The fines – for all sorts of vessels – range from Rwf25,000 for blocking the fairway to Rwf50,000 for lack of safety equipment such as life jackets for passengers on board a vessel, non-compliance with vessel insurance provisions, and non-compliance with loading requirements, to Rwf100,000 for performing public or cargo waterways transport without license.

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The New Times learnt that changes in such fines are likely, following some lawmakers’ concerns.

MP Deogratias Bizimana Minani told The New Times that the fines should be increased and set based on the boat size, value and the amount of damage that might be caused – instead of setting flat fines regardless of any factor – pointing out that some boats have a capacity to carry 200 tonnes, each.

Transporting cargo without a license

According to the bill, a person who engages in public or cargo waterways transport without a license commits a fault.

MP Bizimana said that the Rwf100,000 fine that such a person is liable to is little, and might create a loophole for violating set standards.

He wondered whether those who considered the sanctions did it in sympathy for the fault offenders, disregarded the weight of the problem, or did not want to make a deep analysis of the situation.

"For instance, there is a boat supposed to go to Rusizi from Gisenyi (Rubavu), which carries 1,000 bottle racks [of alcoholic or non-alcoholic drinks]. So, imagine the situation where a person who navigates that boat with that capacity does not have a licence, yet you charge them Rwf100,000,” he said

Bizimana said that the sanctions are lenient, indicating that a vessel owner, or the person navigating it might say that given the considerable profit they expect to get from the business, they might breach the legal provision and pay just Rwf100,000 as it is a small amount.

Normally, he observed, penalties contribute to deterring people from committing faults, pointing out that the lenient sanctions would not effectively serve that purpose.

MP Elisabeth Mukamana underscored that imposing heavy penalties to the maritime transport offenders can deter other people from committing such faults.

"If charge a Rwf100,000 fine to a person who has loaded products worth over Rwf10 million, they can prefer paying it, but continue to work in case they make a lot of money from their deals,” she said.

Failure to clear the fairway

According to the provision in the bill, a boatmaster who fails to clear the fairway commits a fault and he or she is liable to a fine of Rwf25,000). In addition, he or she is ordered to immediately clear the fairway, otherwise the authority in charge of safety in waterways clears the fairway at his or her own expenses.

MP Pierre Claver Rwaka said that imposing a Rwf25,000 fine to a boatmaster who blocked the fairway, implies a lack of severity in punishing the offender.

"This person blocks the waterway, making it impossible for other vessels to move forward,” he said, adding that the proposed sanction provisions should be amended.

Lack of compliance with vessel load (tonnage) regulations, insurance

Rwaka pointed out that the bill provides that a person who does not comply with the recommended tonnage is charged Rwf50,000, "which I think is very little money because the major factor for boat sinking is overloading”, suggesting that this punishment should be greater.

Rwaka pointed out that exceeding recommended vessel load capacity also violates insurance terms as insurance premiums correspond to the number of passengers and goods onboard the boat.

The bill proposes that a boatmaster who does not comply with insurance provisions commits a fault and he or she is liable to a fine of Rwf50,000.

MP Bizimana said that this fine is very small for boats that carry many tonnes, where the damage can be considerable in case of an incident, suggesting that such amount should be increased by 20 times (to Rwf1 million).

Meanwhile, MP Theogene Munyangeyo, the Chairperson of the Committee on Economy and Trade, which analysed the bill, said that such a fine applies to all vessels of different size and value, including cheap (wooden) ones that are worth up to Rwf150,000, each.