Who Goes First When the Traffic Lights are Dead?
Motorists often debate who has the right-of-way at intersections with non-working traffic lights in Zimbabwe. A deep dive into the relevant documentation explains the confusion!
Traffic lights or “robots” are covered by Statutory Instrument 41 of 2016: Road Traffic (Traffic Signs and Signals) Regulations, 2016. They are also covered in the Highway Code, the guidelines published by the Traffic Safety Council of Zimbabwe.
Section 40(5) of SI 41/2016 states: When the amber lens is illuminated continuously (Editor: a fixed light) or as a flashing light shall (a) exercise all due caution and (b) in an intersection or road junction, “give precedence to traffic that first arrives at the intersection.”
According to page 55 of the Highway Code, vehicles entering an intersection with fixed or flashing amber lights shall “give precedence to traffic approaching on the road on the right-hand side.” Read more here T.S.C.Z. Blog – Safe driving at intersections
A clear contradiction with very serious consequences for motorists and law enforcement …
Neither SI 41/2016 nor the Highway Code make any reference to traffic light signals that are completely unlit or “dead” – both documents only refer to intersections with a fixed or flashing amber light.
The lack of a direct legal clause outlining driver responsibilities at an intersection where the traffic lights are completely “dead” is a critical legal omission from Zimbabwe law. Just as serious is the contradiction between SI 41/2016 and the Highway Code on how a motorist is to treat other vehicles at a non-working intersection. The “first-in, first-out” priority rule under SI 41/2016 aligns with the regional SADC standards of a multi-way stop. The educational guideline to “give way to the right” as stated in the Highway Code, does not align with SADC standards.
Our Advice to Motorists:
At every traffic light-controlled intersection, a solid, thick white line is painted across the lane (or should be!), to mark where a vehicle must stop. Under SI 41/2016 this line is formally designated as a Stop Line and referred to as RTM1. Under normal operating conditions the green light overrides the RTM1 Stop Line.
However, when the traffic signal is completely dead, the painted RTM1 line has legal priority. Therefore motorists are to treat a non-working traffic intersection as a multi-way stop, and the Stop Line as you would an intersection with a Stop Sign. Section 41(1)(a) of SI 41/2016, refers.
Regardless that other drivers might practise the old “give way to the right” rule under the Highway Code, drive defensively – assuming that oncoming drivers may not give way as you predict.
Resources:
The text and illustrations covering Non-Working Traffic Light Signals appear on pages 19, 156 and 157. Download a copy here S.I. 41 of 2016: Road Traffic (Traffic Signs and Signals) Regulations, 2016
The deposit fine for c.s 40(5) a.r.w. s. 49(2) Drive across stop line when facing a continuous or flashing amber traffic light signal, is not stated. Download a copy here Schedule of Deposit Fines (Traffic) 2024
Frequently Asked Questions:
Treat “dead” robots as a 4-way stop. Bring your vehicle to a complete standstill behind the Stop Line.
Vehicles on a “larger road” do not have right-of-way. There is no law stating vehicles on “larger” roads have priority.
At a “dead” robot you should apply the “first-in, first-out” rule. (However, other drivers might practise the old “give way to the right” rule therefore drive defensively, assuming that oncoming drivers may not give way as you predict.)
Readers are invited to ask any questions in the comments section below or add any information for the benefit of other vehicle owners.
Safe journeys,
Sean Q. and the Big Sky Team
ZBC Car Radio Exemptions – read more here.
June 2026
