CHAPTER 317
TRANSPORT LICENSING ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Minister may suspend operation of provision of this Act.

   3.   Interpretation.

PART II
LICENSING AUTHORITY

   4.   Establishment of licensing authorities.

   5.   Secretary.

   6.   Powers of licensing authority may be exercised by delegate.

   6A.   Transfer of powers.

   7.   Licensing authority may sit with assessors in certain cases.

   8.   Licensing to be under hand of licensing authority.

   9.   Licensing authority to submit report.

   10.   Liability for proceedings of licensing authority.

PART III
LICENCES

   11.   Licensing of vehicles.

   12.   Identification marks on vehicles used for business.

   13.   Classes of licences.

   14.   Duration of licences.

   15.   Licence not transferable without consent in writing of licensing authority.

   16.   Protection of public interest.

   17.   Consideration of licences.

PART IV
PROCEDURE ON APPLICATION FOR LICENCES

A. Jurisdiction of Licensing Authorities

   18.   Regional Licensing Authority.

   19.   Central Licensing Authority.

   20.   Application to be accompanied by evidence of payment, or exemption from payment, of income tax, etc.

   21.   Delegation.

B. Goods Vehicles Licences

   22.   Procedure on application for goods vehicles licences.

   23.   Discretion of licensing authority to grant or refuse an application for a goods vehicle licence.

C. Road Service Licences

   24.   Procedure on application for road service licence.

   25.   Discretion of licensing authority to grant or refuse an application for a road service licence.

   26.   Exclusive licences.

D. General

   27.   Licensing authority to give reasons for refusal of licence.

   28.   Licensing authority may require further particulars and may make inquiries and summon witnesses.

   29.   Minister may give directions.

   30.   Licensing authority shall have regard to certain matters in exercising its discretion.

PART V
CONDITIONS, VARIATION, REVOCATION AND SUSPENSION OF LICENCES AND PENALTY FOR NON-COMPLIANCE WITH CONDITIONS OF LICENCES

   31.   Conditions of licences.

   32.   Variation of licences.

   33.   Revocation or suspension of licences by licensing authority.

   34.   The Minister may revoke or suspend licence.

   35.   Penalty for non-compliance with and exceptions to the conditions of licences.

PART VI
OBJECTIONS AND APPEALS

   36.   Reasons may be advanced opposing certain applications or variations of licences.

   37.   Appeals.

   38.   Procedure on appeal.

   39.   Decision on appeal to be final.

PART VII
LICENCES TO CO-OPERATIVE SOCIETIES

   40.   Licences to be issued to Co-operative Societies.

PART VIII
OFFENCES AND PROSECUTIONS

   41.   Forgery of licences, etc.

   42.   Charging more than prescribed fare prohibited.

PART IX
GENERAL PROVISIONS

   43.   Financial provisions.

   44.   Fees.

   45.   General power of making regulations.

   46.   Power to stop and inspect vehicles.

   47.   Power to detain vehicles.

   48.   Appearance by advocates.

   49.   Subsequent application after refusal of licensing authority to grant licence.

   50.   Certain provisions of Road Traffic Act not to apply.

   51.   [Repeal of R.L. Cap. 373.]

CHAPTER 317
THE TRANSPORT LICENSING ACT

An Act to provide for the Transport Licensing Act.

[1st July, 1973]
[G.N. No. 187 of 1973]

Acts Nos.
1 of 1973
20 of 1978
19 of 1979
10 of 1994
17 of 1996
35 of 1997
12 of 1999
9 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Transport Licensing Act.

2.   Minister may suspend operation of provision of this Act

   The Minister may, if he considers it expedient or desirable so to do, from time to time, by order in the Gazette suspend the operation of any or all of the provisions of this Act either as to Mainland Tanzania as a whole or as to any area or areas of Mainland Tanzania.

3.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "appointing authority" means, in the case of the Central Licensing Authority, the Minister and in the case of a Regional Licensing Authority, the Regional Commissioner of the region for which the Authority is established;

   "authorised vehicle" means a vehicle authorised to be used under a licence issued under the provisions of this Act;

   "carriage of goods" includes the haulage of goods;

   "carrier's licence" means a licence granted under this Act in respect of a goods vehicle;

   "Central Licensing Authority" means the Central Transport Licensing Authority established by section 4;

   "driver" in relation to a trailer means the driver of the vehicle by which the trailer is drawn, and where a separate person acts as steersman of a motor vehicle includes that person as well as any other person engaged in the driving of the vehicle, and the expression "drive" shall be construed accordingly;

   "fares" includes sums payable in respect of a contract ticket or a season ticket;

   "goods" includes goods or burden of any description;

   "goods vehicle" means a motor vehicle constructed or adapted for use for the carriage of goods or a trailer so constructed or adapted, whether used or constructed or adapted solely for that purpose or not;

   "licence" means a licence granted under this Act;

   "licensing authority" means a licensing authority established under section 4 and, unless the context otherwise requires, any person to whom powers have been delegated under section 6; and in relation to an application for, or an objection to, or a grant of, or refusal to grant, a licence references in this Act to a licensing authority shall be construed as a reference to the licensing authority having jurisdiction under section 18 or section 19 to entertain such application or objection and to any person or authority to whom such jurisdiction has been delegated;

   "member" when used in relation to a licensing authority, includes the Chairman and Deputy Chairman;

   "Minister" means the Minister responsible for communications;

   "motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads;

   "officer in charge of police" has the meaning assigned to it in section 2 of the Police Force and Auxiliary Services Act *; '"officer in charge of police" means the police officer appointed by the Commissioner under section 8 to be in command of the police in any place or any police officer his senior in rank for the time being in such place, and where no police officer has been so appointed as aforesaid, includes the administrative officer for the time being in charge of such place.'')">1

   "owner" in relation to a vehicle which is the subject of hiring agreement or hire purchase agreement means the person in lawful possession of the vehicle under that agreement;

   "Postmaster-General" means the Postmaster-General appointed under section 6 of the Tanzania Posts Corporation Act *;

   "public interest" means the interest and convenience of the people of the United Republic resident in the United Republic;

   "public service vehicle" means a motor vehicle which carries or is intended to carry passengers for hire or reward, whether used or constructed solely for that purpose or not;

   "Regional Licensing Authority" means a Regional Transport Licensing Authority established by section 4;

   "road" means the carriageway or portion of any road to which the public has right of access for vehicular traffic being that portion commonly in use for vehicular traffic, and includes the portion of any bridge used for that purpose;

   "road authority" means the officer or body of persons or the duly authorised representative of such officer or body of persons in whom the responsibility for the maintenance of any particular road or roads is vested;

   "road service licence" means a licence granted under this Act in respect of a public service vehicle;

   "trailer" means a vehicle drawn by a motor vehicle;

   "urban area" means any area declared to be an urban area for the purpose of this Act by the Minister.

   (2) Nothing in this Act shall be construed as conferring upon an appointing authority the right to exercise his functions under this Act in relation to any licensing authority other than the licensing authority in respect of which he is the appointing authority.

PART II
LICENSING AUTHORITY (ss 4-10)

4.   Establishment of licensing authorities

   (1) There shall be established a Central Transport Licensing Authority and also, for every region in Tanzania a Regional Transport Licensing Authority.

   (2) Every licensing authority shall consist of a Chairman, a Deputy Chairman and one other member.

   (3) The members of the Central Licensing Authority shall be appointed by the Minister and the Members of a Regional Licensing Authority shall be appointed by the Regional Commissioner of the region for which the Authority is established.

   (4) Notwithstanding the provisions of subsection (3) and any other written laws, where an urban local government authority is established within the region that urban local government authority shall be the licensing authority in respect of all commuter buses plying within the jurisdiction of that urban local government authority.

   (5) Each member of a licensing authority who is appointed under subsection (3) shall, unless the appointing authority otherwise directs, be required to devote the whole of his time to the duties of his office and shall hold office for such term as the appointing authority may determine at the time of his appointment and shall be eligible for re-appointment from time to time on the expiration of his term of office.

   (6) Where a member of a licensing authority is absent from Tanzania or is unable to perform his duties for any reason, the appointing authority may appoint another person to be a temporary member of the licensing authority to perform and discharge the functions of such person for the period during which such person is so absent or disabled from acting.

   (7) Subject to such exceptions as the Minister may allow, no person holding a carrier's licence or road service licence or having an interest in any company, firm, partnership, association or any other body or concern holding such a licence shall be eligible for appointment under this section as a member of a licensing authority.

   (8) Every licensing authority shall sit on such occasions and at such places as it may in its discretion determine.

   (9) The business of a licensing authority shall be conducted in such manner as may be prescribed:

    Provided that until such procedure has been prescribed a licensing authority shall conduct its business in such manner as it shall determine.

   (10) The appointing authority may authorise the appointment from time to time of such staff as shall appear to him to be necessary for the discharge of the functions of the licensing authority in respect of which he is the appointing authority.

   (11) Two members of a licensing authority appointed in accordance with this section shall form a quorum, and where in any provision of this Act any duty is imposed, or any power given, to a licensing authority, such duty shall be deemed to be discharged and the owner shall be deemed to be exercised in accordance with such provision when discharged or exercised by any two such members and any act or omission of any two such members shall be deemed to be the act or omission of the licensing authority.

5.   Secretary

   The Minister shall appoint a public officer to be the Secretary of the Authority.

[s. 4A]

6.   Powers of licensing authority may be exercised by delegate

   (1) Where in the opinion of the appointing authority it is desirable so to do, the appointing authority may direct that the power of the licensing authority under section 14 to grant a short term licence for the purpose of the execution of a particular piece of work may be exercised in any area by the District Commissioner having jurisdiction over such area, or by such other licensing authority or public officer or other authority as the appointing authority may appoint in that behalf.

   (2) Where a direction under subsection (1) is given the District Commissioner, the authority or the public officer appointed by the appointing authority, as the case may be, shall be deemed to be the licensing authority, for the purposes of granting a short term licence for the execution of a particular piece of work.

   (3) Notwithstanding the provisions of section 13, where a short term licence is granted by any person authorised to do so by this section, the licence shall expire on the completion of the work specified therein and no person or authority authorised by this section to grant the licence shall, without the approval of the appointing authority, grant the licence in respect of the same vehicle more than once in any month.

6A.   Transfer of powers

   (1) Notwithstanding anything contained in this Act, all the regulatory powers and functions vested in the Minister and in the licensing authorities are hereby transferred to the regulatory authority.

   (2) For the purposes of this section the regulatory authority means the Surface and Marine Transport Regulatory Authority established by section 3 of the Surface and Marine Transport Regulatory Authority.

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