CHAPTER 163
MOTOR VEHICLE DRIVING SCHOOLS (LICENSING) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    REGULATIONS

        The Motor Vehicle Driving Schools (General) Regulations

REGULATIONS

THE MOTOR VEHICLE DRIVING SCHOOLS (GENERAL) REGULATIONS

(Sections 3, 4 and 5)

[1st July, 1966]

G.Ns. Nos.
179 of 1966
303 of 1966
162 of 1990

PART I
PRELIMINARY (regs 1-2)

1.    Title and commencement

    These Regulations may be cited as the Motor Vehicle Driving Schools (General) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "Act" means the Motor Vehicle Driving Schools (Licensing) Act *;

    "approved vehicle" means a motor vehicle which satisfies the requirements prescribed by regulations 29 for a vehicle employed for the purpose of giving driving instruction;

    "certificate of registration" means a certificate of registration of a driving instructor issued under regulation 18;

    "commercial, heavy duty and public service vehicles" shall have the meanings assigned to those terms respectively in the Road Traffic Act;

    "driving instruction" and "instruction in the driving of a motor vehicle" means instruction given for reward;

    "driving instructor" means a person giving driving instruction;

    "Inspector-General" means the Inspector-General of Police and includes any person to whom the Inspector-General may, in writing, delegate any of his functions under these Regulations;

    "learner" means any person receiving driving instruction at or from the driving school;

    "lesson" means a period of instruction either practical or theoretical or both;

    "prescribed" in relation to forms means prescribed in the First Schedule to these Regulations;

    "proprietor's licence" means a licence granted to a proprietor of a driving school;

    "Registrar" means the registrar of driving schools;

    "theoretical instruction" means all such instruction required to be given to a learner under these Regulations other than the instruction involving the driving of a motor vehicle by the learner.

PART II
LICENSING OF PROPRIETORS (regs 3-11)

3.    Appointment of Registrar

    The Inspector-General shall appoint a Registrar of driving schools.

4.    Licensing authority

    The licensing authority for the purpose of the licensing of proprietors of driving schools in any district shall be the authority for the time being prescribed under the Road Traffic Act * as the licensing authority for the licensing of motor vehicles in that district.

5.    Application Form 1

    Every application for a first grant or renewal of a proprietor's licence shall be in the prescribed form.

6.    Qualifications

    No person shall be granted a proprietor's licence unless he satisfies the licensing authority–

    (a)    that he is the owner of or has sufficient means to acquire, either by purchase or hire-purchase, a minimum of one approved vehicle; and

    (b)    that any proprietor's licence previously issued to him was not revoked under the provisions of Regulation 10 within the period of three years immediately preceding his application for such grant.

7.    Form of licence

    Every proprietor's licence shall be in the prescribed form * and the licensing authority shall send to the Registrar a copy of every such licence issued by him.

8.    Duration of licence

    A proprietor's licence shall be valid for a period of twelve months commencing from the first day of the month in which it is issued or renewed.

9.    Limited validity of a licence

    A proprietor's licence shall not entitle the holder to operate a driving school outside the district specified in the licence.

10.    Revocation and suspension of proprietor's licence

    A licensing authority may, with the approval, and shall at the direction in writing, of the Inspector-General–

    (a)    revoke a proprietor's licence granted to any person where–

        (i)    such person has been adjudicated bankrupt by any court in Mainland Tanzania or, in the case of a corporation, the corporation is in liquidation or has been wound up; or

        (ii)    such person has, since the grant or renewal of his licence, been convicted in any court in Mainland Tanzania of any offence under the law of Mainland Tanzania involving dishonesty in the conduct of his business as the proprietor of a driving school; or

    (b)    where any person to whom a proprietor's licence has been granted is convicted of any offence and sentenced to a term of imprisonment exceeding three months, suspend the licence for the duration of such term of imprisonment.

11.    The proprietor to notify the licensing authority of address

    (1) Where a proprietor of a driving school moves his school to any premises other than the premises specified in the proprietor's licence issued to him he shall, within fifteen days of such move, notify the licensing authority of such move giving the full address of the new premises.

    (2) Any proprietor of a driving school who contravenes the provisions of paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred shillings.

PART III
DRIVING INSTRUCTORS (regs 12-25)

12.    Qualifications

    No person shall be registered as a driving instructor unless–

    (a)    he has attained the age of twenty-one years;

    (b)    he is a holder of a driving licence authorising him to drive the types of motor vehicles in the driving of which he proposes to give instruction;

    (c)    he has not within the period of two years immediately preceding his application for such registration been convicted of any offence relating to the manner of driving a motor vehicle; and

    (d)    he holds a valid certificate of competence issued in accordance with regulation 16.

13.    Examining Officer

    The Inspector-General may from time to time appoint persons as he thinks fit as examining officers.

14.    Test

    Every person desiring to be registered as a driving instructor shall, prior to making an application for certificate of registration, apply in the prescribed form * to an examining officer to be tested as to his ability to give driving instruction.

15.    Details of test

    (1) Every application for a driving instructor's test shall be tested by the examining officer to ascertain–

    (a)    the applicant's ability to drive and control a motor vehicle in traffic;

    (b)    the applicant's knowledge of the Highway Code;

    (c)    the applicant's ability to give instruction to a learner in the driving of a motor vehicle, the control of a motor vehicle in traffic, the interpretation of road signs and signals, the precepts of the Highway Code and the changing of wheels.

    (2) The Inspector-General may from time to time issue directions to examining officers as to the details of the test.

16.    Certificate of competence

    Where an applicant passes the test the examining officer shall issue a certificate of competence in the prescribed form * specifying the type or types of vehicles in the driving of which the applicant has satisfied the examining officer of his ability to give driving instruction.

17.    Application for registration

    (1) Every application for registration as a driving instructor shall be in the prescribed form * and shall be submitted to the authority for the time being prescribed under the Road Traffic Act * as the licensing authority for the licensing of motor vehicles in the district in which the applicant is ordinarily resident.

    (2) Every application made under this regulation shall be in triplicate and shall be accompanied by–

        (i)    the applicant's driving licence;

        (ii)    two unmounted copies of a recent photograph of the applicant, taken full face, without hat, 45 millimetres long by 35 millimetres wide and printed on normal photographic paper, with an endorsement on the reverse of each of the copies of such photograph of a certificate by some responsible person approved by the licensing authority to the effect that the photograph is a photograph of the applicant; and

        (iii)    a certificate of competence issued by an examining officer within the six months preceding the date of the submission of the application.

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    (3) On receipt of the application the licensing authority shall verify the particulars of the applicant's driving licence stated in the application with the driving licence produced to him and shall, upon being satisfied that such particulars are correct, endorse a certificate to that effect on the application and return the driving licence to the applicant.

    (4) The licensing authority shall forward two copies of the application together with the copies of the photograph and the certificates of competence to the Registrar.

18.    Certificate of registration

    (1) Where the Registrar is satisfied that an applicant has the qualifications prescribed by regulation 12 and that the application has been made in accordance with regulation 17, he shall register the applicant as a driving instructor and issue a certificate of registration.

    (2) A certificate of registration shall be in the prescribed form * and there shall be affixed thereon a copy of the applicant's photograph. The certificate shall be stamped with the official stamp of the Registrar in such a position that part of such stamp shall be on the photograph and part on the certificate.

    (3) Certificates of registration shall be of the following two classes–

    (a)    class "A" authorising the holder to give instruction in the driving of all types of vehicles except commercial, heavy duty and public service vehicles; and

    (b)    class "B" authorising the holder to give instruction in the driving of all types of motor vehicles.

    (4) The Registrar shall forward the certificate to the licensing authority to whom the application for registration was originally made and the licensing authority shall, after endorsing the certificate number and date of issue on the driving licence of the applicant, deliver the certificate to the applicant.

19.    Duration of validity of certificate

    Every certificate of registration shall remain valid until revoked by the Inspector-General in accordance with regulation 22 or until it is deemed to have been revoked under the provisions of these Regulations.

20.    Endorsement of conviction on driving licence to be notified to the Registrar

    Where the driving licence of any person holding a certificate of registration is endorsed with the particulars of any conviction for an offence as required by the provisions of the Road Traffic Act * the authority making such endorsement shall forthwith notify the Registrar of such endorsement and the particulars endorsed.

21.    Disqualification for holding a driving licence to operate as revocation of certificate

    Where the holder of a certificate of registration is disqualified for holding a driving licence or where his driving licence is suspended under the provisions of the Road Traffic Act *, such disqualification or suspension shall, unless and until it is set aside by an order of a superior court, operate as revocation of the certificate of registration.

22.    Revocation by the Inspector-General

    (1) The Inspector-General may revoke a certificate of registration issued to any person where such person has been convicted by any court in Mainland Tanzania of any offence relating to the manner of driving motor vehicle.

    (2) Where a certificate of registration is revoked or is deemed to have been revoked under the provisions of these Regulations, the Registrar shall serve upon the holder of such certificate a notification of revocation in the prescribed form.

    (3) Service of notification shall be effected by registered post or in such other manner as the Registrar may think fit.

23.    Holder to surrender certificate when revoked

    (1) Where a certificate of registration is revoked or is deemed to have been revoked in accordance with these Regulations the holder of such certificate shall, within seven days of the receipt of the notification of revocation, surrender the certificate to the Registrar or to such licensing authority as the Registrar may in the notification direct:

    Provided that the registrar or the licensing authority as the case may be, shall restore the certificate to the holder where the conviction or the disqualification or suspension by reason whereof the certificate was revoked or was deemed to have been revoked is set aside by an order of a superior court and, in the case of a conviction for an offence relating to the manner of driving of a motor vehicle, such conviction has not been substituted by any conviction of similar nature.

    (2) Any person who fails to surrender his certificate of registration as required by paragraph (1) shall be guilty of an offence.

24.    Revocation not to operate as bar for application for re-registration

    Any person whose certificate of registration has been revoked or is deemed to have been revoked under the provisions of these Regulations may, at any time after the expiration of two years from the date of such revocation or deemed revocation, apply in accordance with the provisions of these Regulations, to be re-registered as a driving instructor:

    Provided that the Registrar shall not register any such person as a driving instructor without the consent in writing of the Inspector-General.

25.    Driving Instructor not to give instruction in driving of vehicle not covered by certificate

    Any registered driving instructor holding a class "A" certificate who gives or offers to give instruction in the driving of a commercial, heavy duty or public service vehicle shall be guilty of an offence.

PART IV
DRIVING INSTRUCTION (regs 26-28)

26.    Room for theoretical instruction

    (1) Every driving school shall have a room or part of a room set aside for the purpose of giving theoretical instruction. Such room shall be equipped with the following equipment–

    (a)    a blackboard;

    (b)    models or pictures of road signs;

    (c)    a copy of the Highway Code;

    (d)    a drawing of the mechanism of a motor vehicle; and

    (e)    a minimum of three miniature models of motor vehicles.

    (2) Any proprietor of a driving school who contravenes the provisions of paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred shillings.

27.    Code of instruction

    Every driving instructor shall instruct every learner under his charge on the following–

    (a)    the Highway Code;

    (b)    the rules relating to the driving of vehicles, overtaking, speed and parking;

    (c)    signals and their interpretation;

    (d)    road signs and their interpretation;

    (e)    driving and controlling of a motor vehicle in traffic;

    (f)    driving backwards along a straight road and round corners;

    (g)    bringing a motor vehicle to a standstill from normal speed;

    (h)    turning around in a road; and

    (i)    changing of a wheel.

28.    Maximum charges for lessons

    (1) No person being a proprietor of a driving school shall charge any learner a fee for a lesson exceeding the fees set out in the Third Schedule.

    (2) Any proprietor of a driving school who contravenes the provisions of paragraph (1) shall be guilty of an offence.

PART V
APPROVED VEHICLES (regs 29-31)

29.    Requirements of approved vehicle

    (1) No person being a proprietor of a driving school or a registered driving instructor shall employ or cause or permit to be employed any motor vehicle for the purpose of giving driving instruction to a learner unless–

    (a)    such motor vehicle is fitted with a device within easy reach of the driving instructor sitting on the front passenger seat to enable him to bring the motor vehicle to a standstill while such motor vehicle is being driven by the learner and of such efficiency that its use shall cause two of the vehicle's wheels on the same axle to be so held that the wheels shall be effectually prevented from revolving or shall bring the vehicle to a stop within a distance of twenty-five feet when running at a rate of fifteen miles per hour on a dry, hard-surfaced and level road; and

    (b)    there exists in respect of such motor vehicle a valid certificate as to its mechanical fitness issued in accordance with regulation 32.

    (2) Any proprietor of a driving school or any registered instructor who contravenes the provisions of paragraph (1) shall be guilty of an offence.

30.    Certificates as to mechanical fitness

    (1) Every proprietor of a driving school shall at least once in every twelve months cause every motor vehicle employed by him for the purpose of giving driving instruction to learners to be examined by a motor vehicle inspector.

    (2) The motor vehicle inspector shall, where any motor vehicle is brought to him for examination in accordance with the provisions of paragraph (1), examine its mechanical condition and shall, if he is satisfied that the motor vehicle is in good mechanical repair, issue a certificate in the prescribed form.

    (3) Every certificate issued under paragraph (1) shall remain valid for a period of twelve months from the date of its issue.

    (4) For the purpose of this regulation the motor vehicle inspector for any district shall be the person appointed as a motor vehicle inspector for that district under the provisions of the Road Traffic Act * or, where there is no such person in any district, the person appointed as a motor vehicle inspector for that district by the Inspector-General.

31.    Name of school to be displayed

    (1) Every vehicle employed by a proprietor of a driving school for the purpose of giving driving instruction shall carry learner plates as required by the Traffic Rules and also have printed on some conspicuous part thereof the name of the driving school.

    (2) Any proprietor of a driving school who contravenes the provisions of paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred shillings.

PART VI
GENERAL PROVISIONS (regs 32-41)

32.    Gazettement of driving instructors

    The Registrar shall cause to be published in the Gazette a list of registered driving instructors.

33.    Registers of driving schools and of instructors

    (1) The Registrar shall maintain a register of driving schools and a register of driving instructors.

    (2) There shall be entered in the register of driving schools the following particulars in respect of every driving school, for which a proprietor's licence has been granted–

    (a)    the name of the proprietor;

    (b)    the business name of the school;

    (c)    the address of the school;

    (d)    the date of the first grant of licence;

    (e)    the licensing authority;

    (f)    the dates of the renewals of the licence;

    (g)    the date of revocation, if any, of the licence.

    (3) There shall be entered in the register of driving instructors the following particulars in respect of every certificate of registration issued–

    (a)    the name of the instructor;

    (b)    the address of the instructor;

    (c)    the class of the certificate granted;

    (d)    the date of grant;

    (e)    the driving licence number;

    (f)    endorsement of convictions, if any, made on the driving licence;

    (g)    the date of revocation of the certificate,

and there shall be affixed opposite the entry relating to the instructor a copy of his photograph.

34.    Register of learners

    (1) Every proprietor of a driving school shall maintain a register of learners in which shall be entered the following particulars in respect of each learner:

    (a)    the name of the learner;

    (b)    the address of the learner;

    (c)    the number of the provisional driving licence issued to the learner;

    (d)    the fee charged per lesson;

    (e)    the number of lessons given to the learner and the duration of each lesson;

    (f)    the date of any driving test of the learner taken under the provisions of the Road Traffic Act * and the result of the test.

    (2) Any proprietor of a driving school who fails to maintain a register as required by paragraph (1) shall be guilty of an offence.

35.    Inspection

    (1) It shall be lawful for any police officer above the rank of sub-inspector to enter upon any premises where a driving school is situate to ascertain whether these Regulations are being complied with.

    (2) It shall be lawful for any police officer to stop any vehicle which he has reason to believe is being used by a driving school for the purpose of giving driving instruction to a learner to ascertain that such vehicle complies with the provisions of these Regulations.

36.    Giving false information

    Any person who–

    (a)    knowingly makes any false entry in any form for application for a proprietor's licence, a test by examining an officer or a certificate of registration; or

    (b)    furnishes false information to the Registrar where such information is likely to influence such licensing authority, an examining officer or the Registrar in favour of such person in the exercise by such licensing authority, examining officer or the Registrar of any of his powers under these regulations,

shall be guilty of an offence.

37.    General penalty

    Any person who commits an offence against these Regulations shall, if no penalty is expressly provided for such offence, be liable on conviction to a fine not exceeding two thousand shillings.

38.    Lost licence or certificate of registration

    (1) If a person to whom a proprietor's licence has been granted satisfies the licensing authority that his licence or any copy of his licence has been lost, destroyed or defaced, the licensing authority shall issue to him a duplicate licence and the duplicate licence so issued shall have the same effect as the original licence.

    (2) If a person to whom a certificate of registration has been issued satisfies the Registrar that his certificate or any copy thereof has been lost, destroyed or defaced, the Registrar shall upon being furnished with two copies of a recent photograph of such person in accordance with Regulation 17 issue to him a duplicate certificate and the duplicate certificate so issued shall have the same effect as the original certificate.

39.    Proprietor's licence or certificate which is altered or mutilated not to be valid

    A proprietor's licence or a certificate of registration which has been altered or added to without lawful authority, or which has become defaced or mutilated, shall not be deemed to be a valid licence or certificate for the purpose of the Act or these Regulations.

40.    Supply of particulars by authorities to each other

    (1) A licensing authority, upon application being made to it by the Registrar or any other licensing authority or police officer, and the Registrar, upon application being made to him by any licensing authority or police officer, shall forthwith provide, without fee, a copy of the particulars of any proprietor's licence or certificate of registration issued or any application for such licence or certificate made.

    (2) The Registrar shall, upon application being made to him by any member of the public, provide a copy of the particulars in the registers relating to any proprietor's licence or certificate of registration granted under these Regulations.

41.    Fees

    The fees set out in the Second Schedule to these Regulations shall be the fees payable for the several matters mentioned therein.

FIRST SCHEDULE
FORMS

FORM 1
APPLICATION FOR FIRST GRANT/RENEWAL OF PROPRIETOR'S LICENCE

FORM 2
PROPRIETOR'S LICENCE

FORM 3
APPLICATION FOR INSTRUCTOR'S TEST

FORM 4
CERTIFICATE OF COMPETENCE

FORM 5
APPLICATION FOR REGISTRATION AS A DRIVING INSTRUCTOR

FORM 6
CERTIFICATE OF REGISTRATION

FORM 7
NOTIFICATION OF REVOCATION

FORM 8
VEHICLE CERTIFICATE

SECOND SCHEDULE
FEES PRESCRIBED UNDER REGULATION 41

THIRD SCHEDULE
MAXIMUM FEES FOR LESSONS

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