CHAPTER 168
ROAD TRAFFIC ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    BY-LAWS

        The Tanga Municipality (Registration of Taxi-Cabs and Private Hire Vehicles) By-laws

        The Exemption of Learner Drivers in the Defence Forces from Provisions relating to Driving Licences

        The Exemption of Defence Forces from Provisions relating to Certificates of Competence and Driving Licences

    NOTICES

        The Appointment of Central Registrar, Inspectors, Examining Officers and Licensing Authorities Notice

        The Exemption of Service Vehicles from Registration and Licensing Provisions Notice

        The Road Traffic (Appointment of Deputy Registrars of Motor Vehicles) Notice

        The Road Traffic (Breath Test Instruments) Notice

    ORDERS

        The Traffic (Lindi Township) Order

        The Traffic (Songea Township) Order

        The Traffic (Speed Limit) Order

        The Traffic (Speed Limit on Bridges) Order

        The Traffic (Exclusive Licence: Dar es Salaam Area) (Dar es Salaam Motor Transport Co. Ltd.) Order

        The Traffic (Exclusive Licence) (Tanga Township) Order

        The Traffic (Bukene Minor Settlement) (Speed Limit) Order

        The Road Traffic (Foreign Vehicles) (Exemption from Registration) Order

        The Road Traffic (Specified Offences) Order

        The Road Traffic (Notification of Offences) Order

    REGULATIONS

        The Traffic Regulations

        The Display of Road Licence and Evidence of Motor Vehicle Insurance Regulations

        The National Road Safety Council Regulations

        The Road Traffic (Display of Road Licences) Regulations

        The Road Traffic (Speed Control Devices) Regulations

        The Road Traffic (Speed Limit) (Public Service Vehicles) Regulations

        The Road Traffic (SARPCCO Vehicle Clearance Certificate) Regulations

        The Road Traffic (Notification of Offences) Regulations

        The Road Traffic (Maximum Weight of Vehicles) Regulations

        The Road Traffic (Motor Vehicles Registration) Regulations

    RULES

        The Traffic (Remission of Fees) Rules

        The Traffic (Limitation of Public Service Vehicles Licences - Bagamoyo) Rules

        The Traffic (Motor Omnibuses) (Conduct of Drivers, Conductors and Passengers) Rules

        The Traffic (Bukoba Township) Rules

        The Traffic (Dar es Salaam Airport Parking Places) Rules

        The Traffic (Dodoma Parking Places) Rules

        The Traffic (Iringa Township) Rules

        The Traffic (Kigoma Township: Traffic, Parking and Stopping Places) Rules

        The Traffic (Korogwe Township: Traffic and Parking Places) Rules

        The Traffic (Lindi Township: Traffic and Parking Places) Rules

        The Traffic (Mbeya Township: Traffic and Parking Places) Rules

        The Traffic (Mikindani Township) Rules

        The Traffic (Morogoro Township: Traffic and Parking Places) Rules

        The Traffic (Moshi Township: Traffic and Parking Places) Rules

        The Traffic (Motor Vehicles) (International Circulation) Rules

        The Traffic (Mwanza Township: Traffic and Parking Places) Rules

        The Traffic (Nachingwea Township: Traffic and Parking Places) Rules

        The Traffic (Pangani Township: Traffic and Parking Places) Rules

        The Traffic (Shinyanga Township: Traffic and Parking Places) Rules

        The Traffic (Singida Township) Rules

        The Traffic (Tanga Taxi-cab) Rules

        The Traffic (Tanga Township: Traffic and Parking Places) Rules

        The Traffic (Tukuyu Township: Traffic and Parking Places) Rules

        The Traffic (Traffic Signs) Rules

BY-LAWS

THE TANGA MUNICIPALITY (REGISTRATION OF TAXI-CABS AND PRIVATE HIRE VEHICLES) BY-LAWS

G.N. No. 92 of 1966

    1. These By-laws may be cited as the Tanga Municipality (Registration of Taxi-Cabs and Private Hire Vehicles) By-laws.

    2. In these By-laws–

    "Council" means the Tanga Municipal Council;

    "private hire vehicle" includes any motor vehicle which is constructed or adapted solely or mainly for the carriage of passengers and their baggage, and having a seating capacity, as assessed by the licensing authority in the area of jurisdiction of the Council, for not more than eight persons (including the driver), but does not include a motor-cycle;

    "taxi-cab" includes any motor vehicle which is constructed or adapted solely or mainly for the carriage of passengers and their personal baggage, and having a seating capacity, as assessed by the licensing authority in the area of jurisdiction of the Council, for not more than eight persons (including the driver), but does not include a motor-cycle.

    3. All taxi-cabs plying for hire and all private hire vehicles kept for hire within the area of the Council shall be registered with the Council.

    4. (1) Applications for the registration of a motor vehicle as a taxi-cab or a private hire vehicle shall be in the form prescribed in the Schedule hereto.

    (2) The fee payable to the Council for the registration of a motor vehicle as a taxi-cab or a private hire vehicle shall be one hundred shillings per year.

    5. The Municipal, and Towns Councils listed in the Second Schedule shall be subject to these By-Laws.

FIRST SCHEDULE
APPLICATION FOR REGISTRATION OF A MOTOR VEHICLE AS TAXI-CAB OR PRIVATE HIRE VEHICLE (BY-LAW 4)

The Tanga Municipality (Registration of Taxi-Cabs and Private Hire Vehicles) By-laws

SECOND SCHEDULE

THE EXEMPTION OF LEARNER DRIVERS IN THE DEFENCE FORCES FROM PROVISIONS RELATING TO DRIVING LICENCES

G.N. No. 64 of 1961

    The provisions of the Traffic Act, and of any rules made thereunder, relating to driving licences shall not apply to any person serving in any branch of Peoples Forces, who is in uniform and is driving a Service motor vehicle in the course of his duties as a learner driver undergoing instruction, and is accompanied by another person serving in a branch of Peoples Forces who is in uniform and is carrying with him a certificate of competence issued to him–

    (a)    if he is serving in the Navy, by an officer not below the rank of Lieutenant;

    (b)    if he is serving in the Army, by an officer not below the rank of Captain;

    (c)    if he is serving in the Air Force, by an officer not below the rank of Flight Lieutenant,

and if such Service motor vehicle is fitted with learner plates in the manner prescribed by rule 20 of the Traffic Rules *.

THE EXEMPTION OF DEFENCE FORCES FROM PROVISIONS RELATING TO CERTIFICATES OF COMPETENCE AND DRIVING LICENCES

G.N. No. 184 of 1952

    The provisions of the Traffic Act and of any rules made thereunder relating to certificates of competence and driving licences shall not apply to any person serving in any branch of Defence Forces who–

    (a)    is in uniform and is driving a Service motor vehicle in the course of his duties; and

    (b)    is carrying with him a certificate of competence issued to him–

        (i)    if he is serving in the Navy, by an officer not below the rank of Lieutenant;

        (ii)    if he is serving in the Army, by an officer not below the rank of Captain;

        (iii)    if he is serving in the Air Force, by an officer not below the rank of Flight Lieutenant.

NOTICES

THE APPOINTMENT OF CENTRAL REGISTRAR, INSPECTORS, EXAMINING OFFICERS AND LICENSING AUTHORITIES NOTICE

G.Ns. Nos.
269 of 1932
4 of 1933
280 of 1939
34 of 1951
311 of 1951
158 of 1959
484 of 1962
171 of 1967
GenN. No.
183 of 1936

    1. The Permanent Secretary to the Treasury is appointed to be Central Registrar of Motor Licences.

    2. All gazetted Police Officers who are themselves competent drivers are hereby appointed to be Inspectors and Examining Officers for the purpose of examining persons as to their competence in driving motor vehicles.

    In this Notice, "competent drivers" means competent to drive the type of motor vehicles for which the Police Office holds a driving licence.

    3. The under-mentioned officers to be licensing authorities for the purposes of the Traffic Act, in regard to the areas respectively specified–

THE EXEMPTION OF SERVICE VEHICLES FROM REGISTRATION AND LICENSING PROVISIONS NOTICE

G.N. No. 137 of 1948

    1. Any Service motor vehicle or carriage is hereby exempted from the operation of all the provisions of the Traffic Act * relating to the registration and licensing of motor vehicles and carriages.

    2. For the purposes of this Notice "Service motor vehicle or carriage" means a motor vehicle or carriage the property of any of the Defence Forces of the United Republic and carrying a Service registration number and licence.

THE ROAD TRAFFIC (APPOINTMENT OF DEPUTY REGISTRARS OF MOTOR VEHICLES) NOTICE

G.N. No. 160 of 1975

    1. This Notice may be cited as the Road Traffic (Appointment of Deputy Registrars of Motor Vehicles) Notice.

    2. The persons specified in the first column of the Schedule hereto are hereby appointed Deputy Registrars of the Motor Vehicles for purposes of the functions specified in the second column to the Schedule.

SCHEDULE

THE ROAD TRAFFIC (BREATH TEST INSTRUMENTS) NOTICE

G.N. No. 266 of 1990

    1. This Notice may be cited as the Road Traffic (Breath Test Instruments) Notice.

    2. Notice is hereby given that the breath test instruments specified in the Schedule to this Notice are approved and shall be used for all purposes of ascertaining the blood alcohol content taken by any person driving a motor vehicle or any other vehicle on a road or other public places.

SCHEDULE

ORDERS

THE TRAFFIC (LINDI TOWNSHIP) ORDER

G.N. No. 158 of 1939

    1. This Order may be cited as The Traffic (Lindi Township) Order, and shall apply within the Township of Lindi.

    2. No person shall drive any commercial vehicle or any public service vehicle in Marine Avenue between the Fish Market and Askari Avenue:

    Provided that in this paragraph the expression "public service vehicle" does not include a taxi-cab:

    Provided further that this paragraph shall not apply to any person who can prove that he is proceeding to or from any premises adjoining the said portion of Marine Avenue.

THE TRAFFIC (SONGEA TOWNSHIP) ORDER

G.N. No. 201 of 1951

    1. This Order may be cited as The Traffic (Songea Township) Order, and shall apply within the Township of Songea.

    2. No person shall drive any commercial vehicle or any public service vehicle on the road in the Songea Township known as the Ringstrasse:

    Provided that in this Order the expression "public service vehicle" shall not include a taxi-cab:

    And provided further that this Order shall not apply to any person who can prove that he is proceeding on business to or from any premises adjoining the said Ringstrasse.

THE TRAFFIC (SPEED LIMIT) ORDER

    1. This Order may be cited as The Traffic (Speed Limit) Order.

    2. No person shall drive the vehicles mentioned in Column One of the First Schedule hereto upon any road within the boundaries described in Column Two of the said Schedule at a speed exceeding the limit mentioned in Column Three of the said Schedule.

    3. No person shall drive the vehicle mentioned in Column One of the Second Schedule hereto upon any road within the boundaries described in Column Two of the said Schedule at a speed exceeding the limit mentioned in Column Three of the said Schedule:

    Provided that nothing in this paragraph shall be deemed to affect the provisions of rule 60 of the Traffic Rules * relating to the maximum speed at which public service vehicles and commercial vehicles may be driven.

    4. Any person who commits a breach of the provisions of paragraph 2 of this Order shall be liable on conviction to the penalties mentioned in Column Four of the First Schedule hereto, and any person who commits a breach of the provisions of paragraph 3 of this Order shall be liable on conviction to the penalties mentioned in Column Four of the Second Schedule hereto.

    5. Notwithstanding the provisions of rule 60 of the Traffic Rules *, no person shall drive a motor vehicle at a speed exceeding twenty miles per hour–

    (a)    upon any road within the boundaries of the Ifakara Minor Settlement;

    (b)    upon the Mwanza-Tabora Main Road within the boundaries of the Usagara and the Missungwi Minor Settlements; and

    (c)    upon the Mwanza-Musoma Road within the boundaries of the Nyanguge Minor Settlement.

    6. Any person who commits a breach of the provisions of paragraph 5 of this Order shall be liable on conviction to a fine not exceeding three hundred shillings or to imprisonment for two months or to both such fine and imprisonment.

FIRST SCHEDULE

SECOND SCHEDULE

THE TRAFFIC (SPEED LIMIT ON BRIDGES) ORDER

G.Ns. Nos.
4 of 1952
111 of 1954

    1. This Order may be cited as the Traffic (Speed Limit on Bridges) Order.

    2. No person shall drive any vehicle, the tare weight of which is in excess of three tons–

    (a)    on the bridges specified in the second column of the Schedule hereto over which the roads set out in the first column of the said Schedule pass;

    (b)    on the approaches to the said bridges at either end thereof for the distances set out respectively in the third column of the said Schedule,

at a speed in excess of four miles per hour.

    3. Any person who contravenes paragraph 2 of this Order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred and fifty shillings or to imprisonment for a term not exceeding one month.

SCHEDULE
SPEED LIMITS OVER BRIDGES

THE TRAFFIC (EXCLUSIVE LICENCE: DAR ES SALAAM AREA) (DAR ES SALAAM MOTOR TRANSPORT CO. LTD.) ORDER

G.N. No. 273 of 1954

    1. This Order may be cited as the Traffic (Exclusive Licence: Dar es Salaam Area) (Dar es Salaam Motor Transport Co. Ltd.) Order.

    2. His Excellency the Minister hereby grants to the Dar es Salaam Motor Transport Company Limited an exclusive licence conferring upon the said Company the exclusive right to operate motor omnibuses in Dar es Salaam within the area shown on the plan annexed to the Deed specified in paragraph 3 of this licence.

    3. The said exclusive licence is granted to the said Company subject to the provisions of the Traffic Act and the Traffic Rules and to any Act or Rules amending or replacing such Act or Rules and subject to the terms of the Deed dated the 23rd day of October, 1953, relating to the establishment of a motor omnibus service in and around Dar es Salaam and duly executed by the Minister of Tanganyika and by the said Company.

    4. The exclusive right conferred by this licence shall be exercisable by the said Company for a period of twenty-one years beginning on the 23rd day of October, 1953, subject always to the terms and conditions of the said Deed and subject to the powers to extend such period in such Deed.

    5. During the continuance in force of this licence no person other than the said Company shall be permitted to operate motor omnibuses within the area specified in paragraph 2 of this licence save for the purpose of providing motor omnibus services to and from places situated outside the area specified in the said paragraph 2, and in such case the terms of issue of the licence to such other person shall permit passengers to be taken up at only one specified point within the said area and then only for the purpose of setting them down outside the said area.

    6. Any person who commits a breach of the provisions of paragraph 5 of this Order shall be liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for two months or to both such fine and such imprisonment.

THE TRAFFIC (EXCLUSIVE LICENCE) (TANGA TOWNSHIP) ORDER

G.N. No. 452 of 1955

    1. This Order may be cited as The Traffic (Exclusive Licence) (Tanga Township) Order.

    2. The Minister hereby grants to the Dar es Salaam Motor Transport Company Limited, of P.O. Box 872, Dar es Salaam (hereinafter called "the Licensee"), a licence conferring upon the Licensee the exclusive right to operate motor omnibuses on all roads within the Tanga Township (hereinafter called "the Township").

    3. This Licence is granted to the Licensee for a period of 15 years, beginning on the first day of January, 1956, subject to the provisions of the Traffic Act and the Traffic Rules and to any Rules amending or replacing such Act or Rules and subject to the conditions set out in the Schedule hereto.

    4. During the continuance in force of this Licence no person other than the Licensee shall operate motor omnibuses on the roads within the Township except a person who is operating omnibuses solely for the purpose of carrying passengers and goods between the Township and a place outside the township, or between two places outside the Township.

    5. Any person who commits a breach of the provisions of paragraph 4 of this Order shall be liable on conviction to a fine not exceeding two thousand shillings, or to imprisonment for two months or to both such fine and such imprisonment.

SCHEDULE

    1. The Licensee shall at all times during the validity of the Licence maintain for the public of the area an adequate and efficient service of omnibuses (hereinafter called the "Service") and for such purpose shall have the right from time to time and at any time to increase the fleet of motor omnibuses to such number as the Licensee shall determine and shall so increase such fleet to a reasonable extent so soon as may be at any time when the Minister in consultation with the Licensee considers such increase to be necessary for the purpose of maintaining an adequate and efficient service and so notifies the Licensee.

    2. Stopping places at which omnibuses may stop for setting down and taking up passengers shall be selected by the Licensee in consultation with the Tanga Town Council. The Licensee shall erect at his own expense sign posts at such stopping places.

    3. The Licensee shall have the right to use any of the omnibuses of his fleet for private hire or any other purpose subject only to such conditions as may be imposed by the Minister.

    4. The Licensee shall at his own expense provide and maintain for the Service an adequate staff together with sufficient garages, workshops and office accommodation and shall employ a competent crew on each omnibus.

    5. The Licensee shall prior to the beginning of the operation of the Service effect at his own expense insurance with an insurance company to be approved by the Minister in connection with the service against third-party and against passenger risks for an amount to be approved by the Minister and shall keep the same in force throughout the existence of the Licence and any extension thereof and shall throughout such existence and extension effect and continue any insurance in connection with the Service which from time to time may be required by law.

    6. The Service shall begin to operate not later than three months from the date of coming into operation of this Licence and shall not cease to operate for a period longer than seven days until the expiry of this Licence unless such cessation is caused by Acts of God, the Queen's enemies, civil disturbance or strikes.

    7. (1) The fares to be charged by the Licensee on all routes shall not exceed–

    (a)    for the conveyance of first class passengers twenty cents per mile or a part thereof with a minimum fare of thirty cents;

    (b)    for the conveyance of second class passengers ten cents per mile or a part thereof with a minimum fare of fifteen cents:

    Provided that the minimum fares set out in subparagraph (a) and subparagraph (b) of this paragraph may on the application of the Licensee and with the consent of the Minister be varied either generally or specially in connection with any particular route.

    (2) The rates herein provided for shall not be applicable to the private hire or other operations of the Licensee the charges for which shall be fixed by the Licensee.

    (3) Notwithstanding anything in this clause contained if at any time during the existence of the Licence the rates of motor vehicle taxation or of motor fuel taxation or working costs in the area increase or decrease in relation to those in force at the date of commencement of this Licence the Licensee may with the consent or on the request of the Minister as the case may be, increase or decrease proportionately the fares laid down in subclause (1) hereof. The Licensee shall for the purpose of this provision furnish such information and provide access to such accounts and balance sheets as the Minister may require.

    8. If at any time during the continuance in force of this Licence the Minister is of the opinion that the service provided by the Licensee is unsatisfactory he may, by notice in writing, call upon the Licensee to make such improvements as may be necessary and if the Licensee after the lapse of a reasonable time following the receipt of such notice fails to take such steps as may be necessary to effect the said improvements the Minister may cancel this Licence.

    9. If the Licensee desires an extension of this Licence he shall at least twenty-four months before the expiration thereof give notice in writing to that effect to the Minister. Such notice shall state the period for which an extension is desired. The Minister shall within three months of the receipt of such notice notify the Licensee whether or not he is prepared to grant the extension desired.

THE TRAFFIC (BUKENE MINOR SETTLEMENT) (SPEED LIMIT) ORDER

G.N. No. 101 of 1959

    1. This Order may be cited as the Traffic (Bukene Minor Settlement) (Speed Limit) Order.

    2. No person shall drive a vehicle upon any road within the boundaries of the Bukene Minor Settlement at a speed exceeding thirty miles per hour:

    Provided that nothing in this Order shall be deemed to affect the provisions of rule 60 of the Traffic Rules relating to the maximum speed at which public service vehicles and commercial vehicles may be driven.

    3. Any person who commits a breach of any of the provisions of this Order shall be liable on conviction to a fine of five hundred shillings or to imprisonment for two months.

    4. The Order relating to Speed Limit shall apply in respect of the town specified in the Schedule hereinbelow.

SCHEDULE

THE ROAD TRAFFIC (FOREIGN VEHICLES) (EXEMPTION FROM REGISTRATION) ORDER

G.Ns. Nos.
187 of 1976
386 of 1986
126 of 1999

1.    Citation

    This Order may be cited as the Road Traffic (Foreign Vehicles) (Exemption from Registration) Order.

2.    Interpretation

    In this Order–

    "foreign vehicle" means a motor vehicle duly registered and licensed in any country other than Tanzania but not registered in Tanzania pursuant to the provisions of Part II of the Road Traffic Act *, but does not include any such motor vehicle to which the provisions of the Foreign Commercial Vehicles (Licensing) Act * apply;

    "permit" means a foreign vehicle permit issued under this Order.

3.    Foreign vehicles may be issued with permits

    A foreign vehicle in respect of which a valid permit exists shall during the validity of such permit, be exempt from the provisions of Part II of the Road Traffic Act *, which requires every motor vehicle to be registered under that Act.

4.    Application form for permit

    (1) On application made therefor to an Internal Revenue Officer by the owner or person having charge of a foreign vehicle, and on payment by such person of the fee prescribed in the Schedule hereto the Internal Revenue Officer may issue in respect of the foreign vehicle a permit in the form approved by the Permanent Secretary to the Treasury.

    (2) The fee payable under subsection (1) shall be paid in such foreign currency or other convertible currency approved by the Minister for the time being responsible for finance prescribed in the Schedule hereto.

    (3) Every permit shall be valid for a period of ninety days from the date when the motor vehicle first entered Mainland Tanzania.

    (4) Notwithstanding the provisions of subparagraph (3) of this paragraph, the Permanent Secretary to the Treasury may, by order under his hand, extend the period of the validity of any permit issued under this Order or authorise the grant of a second or subsequent permit in respect of the same vehicle in the same calendar year, subject to such conditions (including limitation as to duration) as he may in such order specify.

5.    Defence in prosecution for offence under section 8 of the Road Traffic Act

    Where a person is charged with an offence under section 8 of the Road Traffic Act in relation to a foreign vehicle it shall be a good defence if he proves to the satisfaction of the court that the vehicle first entered Tanzania not earlier than six days immediately preceding the date on which he was first charged with the offence.

6.    Foreign commercial vehicles

    (1) Every foreign commercial vehicle in respect of which a valid licence issued under the provisions of the Foreign Commercial Vehicles (Licensing) Act * exists, shall, during the validity of such licence, be exempt from the provisions of section 8 of the Road Traffic Act *, which requires every motor vehicle to be registered under that Act.

    (2) For the purposes of this paragraph "foreign commercial vehicle" has the meaning assigned to that expression in the Foreign Commercial Vehicles (Licensing) Act.

7.    Revocation of G.N. No. 161 of 1974

    [Revokes the Road Traffic (Foreign Vehicles) (Exemption from Registration) Order.]

SCHEDULE
FORM OF APPLICATION FOR PERMIT

THE ROAD TRAFFIC (SPECIFIED OFFENCES) ORDER

G.Ns. Nos.
339 of 1985
447 of 1985

1.    Citation and application

    This Order may be cited as the Road Traffic (Specified Offences) Order and shall apply throughout Mainland Tanzania.

2.    Notification form

    The Notification Form prescribed in the First Schedule to this Order shall be used by a police officer in respect of specified offences in terms of section 95 of the Act.

3.    Specified offences

    The offences outlined in the Second Schedule to this Order are hereby specified as offences to which section 95 of the Act shall apply.

4.    Penalties

    The Penalty shall be one hundred shillings for every offence specified in Part I of the Second Schedule and fifty shillings for every offence specified in Part II of the same Schedule.

5.    Revocation of previous Orders

    [Revokes any Order previously issued in respect of specified offences.]

FIRST SCHEDULE
NOTIFICATION OF TRAFFIC OFFENCE

(Paragraph 2)

THE ROAD TRAFFIC ACT

(Section 95(1), (3) and (10)(a) and (b))

SECOND SCHEDULE
SPECIFIED OFFENCES

(Paragraph 3)

THE ROAD TRAFFIC ACT

(Section 95(1))

PART I
OFFENCES RELATING TO MOTOR VEHICLES

PART II
OFFENCES RELATING TO BICYCLES

THE ROAD TRAFFIC (NOTIFICATION OF OFFENCES) ORDER

G.Ns. Nos.
159 of 1991
34 of 1994

    1. This Order may be cited as the Road Traffic (Notification of Offences) Order.

    2. This Order shall apply to Mainland Tanzania.

    3. The offences specified in the Schedule hereto, are offences to which punishment without prosecution shall apply and notification of the offences committed shall be given in a Police Form No. 101.

SCHEDULE

PART I
OFFENCES RELATING TO MOTOR VEHICLES

PART II
OFFENCES RELATING TO BICYCLE/TRICYCLE

REGULATIONS

THE TRAFFIC REGULATIONS

G.Ns. Nos.
51 of 1933
86 of 1938
30 of 1939
37 of 1939
278 of 1939
346 of 1941
392 of 1941
280 of 1942
4 of 1943
153 of 1943
359 of 1943
409 of 1943
64 of 1944
202 of 1944
244 of 1944
173 of 1945
48 of 1946
243 of 1946
271 of 1946
56 of 1947
81 of 1947
93 of 1947
141 of 1948
171 of 1948
242 of 1948
255 of 1948
32 of 1949
103 of 1949
282 of 1949
1 of 1951
17 of 1951
78 of 1951
114 of 1951
27 of 1952
132 of 1952
194 of 1952
200 of 1952
319 of 1952
320 of 1952
93 of 1953
156 of 1953
179 of 1953
183 of 1953
205 of 1953
213 of 1953
247 of 1953
81 of 1954
40 of 1954
207 of 1954
317 of 1954
22 of 1955
26 of 1955
92 of 1956
94 of 1955
95 of 1955
169 of 1955
278 of 1955
291 of 1955
414 of 1955
444 of 1955
18 of 1956
114 of 1956
213 of 1956
353 of 1956
150 of 1957
265 of 1957
322 of 1958
373 of 1959
8 of 1960
47 of 1960
62 of 1960
270 of 1960
13 of 1961
14 of 1961
90 of 1961
167 of 1961
92 of 1961
394 of 1961
285 of 1963
600 of 1963
390 of 1964
523 of 1964
152 of 1966
265 of 1966
274 of 1966
296 of 1966
430 of 1968
290 of 1969
465 of 1970
104 of 1973
187 of 1976
105 of 1976
106 of 1976
42 of 1979
161 of 1982
46 of 1984
386 of 1986
395 of 1987
407 of 1987
161 of 1989
165 of 1990
115 of 1992
117 of 1996
239 of 1997
177 of 2001

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Citation

    These regulations may be cited as the Traffic Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "Act" means the Road Traffic Act *;

    "axle weight" means the aggregate weight transmitted to the road surface by the several wheels attached to the axle-tree and when a vehicle is loaded;

    "diameter of a wheel" means the diameter of a wheel including the depth of any tyres measured, in the case of pneumatic tyres, when they are normally inflated for use on a road;

    "power-assisted bicycle" means a bicycle or tricycle fitted with an auxiliary internal combustion engine having a maximum cylinder capacity of not more than 35 cubic centimetres;

    "reflective material" means material conforming to the requirements and specifications set out in the Eighth Schedule;

    "road authority" means the person or body appointed as such under the provisions of the Highways;

    "small livestock" means sheep, goats, swine and other domestic animals of a small or smaller size;

    "wheel load" means the load transmitted to the road surface by one wheel or by two wheels when the distance of any two wheels between their centres of road contact does not exceed 18 inches.

PART II
REGISTRATION OF MOTOR VEHICLES (regs 3-8A)

3.    Register

    (1) Every licensing authority shall keep a register for the registration of motor vehicles.

    (2) The register of vehicles shall be kept in such a form as to show the particulars set out in the form of application prescribed in the First Schedule.

4.    Application to register

    Every person who applies to register a motor vehicle shall lodge with the licensing authority an application in duplicate duly completed in the Form A set out in the First Schedule.

5.    Entry in register

    The licensing authority on receipt of any such application and fee shall, subject to the provisions of these rules, forthwith register the vehicle and shall issue a certificate of registration in the Form J:

    Provided that on an application for the first registration of any vehicle in the United Republic other than a vehicle registered in Kenya or Uganda, such vehicle shall not be registered and no certificate of registration issued unless the licensing authority is satisfied by a certificate under the hand of the Commissioner of Customs or his delegate that all customs dues, if any, relating to that vehicle have been paid.

6.    Transfer of vehicle

    On the transfer of a vehicle the transferor shall within seven days of the date of such transfer furnish the licensing authority with the name and place of residence of the transferee and the date of the transfer. The transferee shall comply with the provisions of section 16 of the Act and before forwarding the certificate of registration to the licensing authority shall enter thereon the particulars set out in Form J with respect to the transfer of ownership. The Licensing Authority shall transfer the registration in its register on payment of the prescribed fee.

6A.    Plates to be marked with red reflective material

    In the case of a motor vehicle registered both under the Traffic Act and the relevant law of any other country, each of the plates constituting identification marks of registration under the Act shall be marked with a square with each of its sides of not less than two centimetres, of red, reflective material, on each of the four corners of the plate.

7.    Amendment of register

    If any circumstance (other than a change of ownership) occurs in relation to any motor vehicle, which affects the accuracy of any particulars entered as respects that vehicle in the register, the owner of the vehicle shall forthwith inform the authority with which it has been registered, and the authority shall thereupon, without fee, cause the register to be amended accordingly.

8.    Copy of entries to be supplied to central registrar, and, on request, to other licensing authorities or to police

    (1) Every licensing authority shall supply without delay to the central registrar a copy of every entry made in its register and shall, upon application being made to it by any other licensing authority under the Act, or by any police officer, forthwith provide without fee a copy of the entries in its register relating to any specified vehicle.

    (2) Any member of the public, on showing reasonable cause, may on payment of the prescribed fee inspect the register of a licensing authority or of the central registrar and such licensing authority or central registrar shall also supply to any person applying for a copy of the entries relating to any specified vehicle, a copy of those entries on payment of the prescribed fee if such person shows that he has a reasonable cause for requiring such a copy.

Inspection of register

    (3) An officer of the Government may, in his official capacity, without fee, at all reasonable times inspect the register and take copies of any entries in it.

Filing by central registrar

    (4) The central registrar shall file and keep all copies of such entries and copies of applications for licences furnished in pursuance of rule 24(2), and shall on request by any licensing authority or police officer supply such particulars in relation thereto as may be required.

Copy of entry or licence to be prima facie evidence

    (5) In any cause or matter relating to a vehicle or to a licence or permit issued under these Regulations any such copy of an entry or copy of a licence or permit produced by the central registrar or other officer deputed by him shall be prima facie evidence of any matter, fact or thing stated or appearing thereon.

8A.    Dual registration

    (1) No motor vehicle registered in any country outside Tanzania under the law of that country regulating registration and licensing of motor vehicles shall be registered under the Act unless the licensing authority to whom application for such registration in such other country has ceased to be effective or that upon registration under the Act the registration in such other country shall cease to be effective.

    (2) Where any motor vehicle registered under the Act is subsequently registered in any country other than Tanzania, then upon such registration the registration under the Act shall cease to be effective and the motor vehicle shall be deemed not to be registered under the Act.

    (3) The provisions of paragraphs (1) and (2) of this Regulation shall not apply to any commercial vehicle or public service vehicle carrying passenger or goods for hire or reward, or carrying goods in the course of the business of the owner, between Mainland Tanzania and Zanzibar, Kenya, Uganda, Malawi, Zambia or such other country or countries as the Minister may by order prescribed for the purpose of this Regulation:

    Provided that a motor vehicle registered under the Act and also under the relevant law of any of the above countries shall carry such distinguishing marks as are specified by regulation 15.

PART III
LICENCES FOR VEHICLES (regs 9-14)

9.    Omitted

    [Deleted by G.N. No. 104 of 1973.]

9A.    Omitted

    [Deleted by G.N. No. 119 of 1960.]

10.-14.    Omitted

    [Deleted by G.N. No. 104 of 1973.]

PART IV
IDENTIFICATION MARKS ON VEHICLES (regs 15-23)

15.    Form of identification mark on motor vehicle

    The identification mark to be carried by a motor vehicle in pursuance of section 7 of the Act, shall consist of two plates which shall conform as to lettering, numbering and otherwise with the provisions set out in the Third Schedule and shall be kept clean and visible at all times:

    Provided that where under rule 8 a motor vehicle may lawfully be registered under the Act as well as in another country specified in paragraph (3) of that rule, the plates which constitute identification marks of registration under the Act shall, with effect from 1st August, 1973, conform with such further requirements as are specified in the Third Schedule.

16.    Position of identification mark

    (1) The plates forming the identification mark shall be fixed on a motor vehicle, one on the front and the other on the back, in an upright position, so that every letter or figure on the plate is upright and easily distinguishable, in the case of a front plate, from in front and, in the case of the back plate, from behind.

Identification mark on motor cycle

    (2) In the case of a motor cycle the place fixed on the front of the cycle may, if it is a plate having duplicate faces conforming with the Third Schedule, be fixed so that from whichever side the cycle is viewed the letters or figures on one or other face of the plate are easily distinguishable, though they may not be distinguishable from the front of the cycle.

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Motor vehicles covered by general licence

    (3) In the case of a motor vehicle which is covered by a general licence the plates may be hung or fastened upon any conspicuous parts of the vehicle in such a manner as shall enable them to be plainly discernible the one from the front and the other from behind the vehicle.

    (4) Subject to the provisions of this rule the plates forming the identification mark shall be fixed on the motor vehicle in such a position as the licensing authority directs.

Identification mark when trailer used

    (5) Where a motor vehicle is used to haul a trailer upon any road there shall be attached to the rear portion of the trailer the identification mark belonging to the motor vehicle which is hauling it in the same manner as such identification mark is required to be fixed to the rear of such motor vehicle when used alone. If the vehicle is used to haul more than one trailer then the identification marks shall be fixed in the manner herein prescribed to the rearmost of such trailers.

17.    Identification mark on carriages other than trailers, bicycles and tricycles

    (1) The identification mark to be affixed upon licensed carriages other than trailers, bicycles and tricycles shall be a metal plate of such size and colour or colours as may be determined by the Minister from time to time the shape may be varied according to the class of carriage for which it is to be used. Upon the plate shall be inscribed the letters T.T. and a serial number which shall be of such size as the Minister may determine.

Where to be fixed

    (2) The identification mark for carriages other than trailers, bicycles and tricycles shall be affixed to the rear portion of the vehicle in such visible position as the licensing authority may direct, and no identification mark other than a current identification mark shall be affixed to the vehicle.

Maximum load, etc., to be painted on carriages

    (3) In any case where a licensing authority issues a licence and fixes a maximum load or number of passengers to be carried by any carriage, the owner or person having control thereof shall cause the maximum load or number of passengers which the carriage is licensed to carry to be painted thereon in legible roman letters and figures, not less than one inch in height and shall cause such markings to be from time to time repaired or renewed as often as may be necessary to keep the said letters and figures clearly legible and easily distinguishable.

    (4) It shall not be necessary to register a trailer nor shall it carry any identification marks other than those relating to the vehicle which hauls it upon a road in the manner required by rule 16(5).

18.    Identification mark on bicycles and tricycles

    (1) The identification mark to be carried by bicycles and tricycles shall be a metal plate circular in shape and of such colour or colours and pattern as the Minister may determine. Upon the plate shall be inscribed the letters T.T. and a serial number which shall be of such size as the Minister may decide.

    (2) Identification marks on bicycles and tricycles shall be kept attached to the left or near side of the hub of the front wheel.

    (3) No identification mark other than a current identification mark shall be affixed to any bicycle.

19.    Transfer of identification mark

    Save as provided in rule 19A and rule 23 of these Rules it shall be unlawful to transfer any such identification mark from one motor vehicle, trailer or carriage to another.

19A.    Particular identification marks

    Upon application being made in the Form A set out in the First Schedule, in so far as it is appropriate, by the owner of a registered vehicle and upon payment of the prescribed fee, the Licensing Authority may transfer the identification mark from that vehicle to any other vehicle owned by the applicant whereupon if that other vehicle is currently registered the registration mark shall be cancelled forthwith, a new registration mark shall be allotted and a new certificate of registration in the Form J shall be issued:

    Provided that nothing in this paragraph shall be deemed to permit the transfer of the licence from one vehicle to another vehicle and any licence substituting at the time of the transfer of a registration mark shall be delivered to the Licensing Authority for cancellation.

20.    Learner plates

    The plates identifying the holder of a provisional licence as a learner shall be in the form, colour and dimensions set out in the Fifth Schedule, hereto and one such plate shall be securely affixed to both the front and rear of the vehicle when driven by such holder in such a manner as to be clearly visible at a reasonable distance.

21.    General identification mark

    (1) A general identification mark shall be issued by the licensing authority to any dealer on payment of the fee prescribed in the Second Schedule hereto for a general certificate of Registration.

    The general identification mark shall be a letter or letters which shall follow the letter or letters indicating the place of issue.

Use of motor vehicle on general licence

    (2) The holder of a general certificate of Registration shall not use or cause or permit to be used on a road any motor vehicle bearing a general identification mark for any purpose other than–

    (a)    for proceeding from the premises of a dealer to a railway station or wharf for entraining or shipment, or from a train or ship to such premises; or

    (b)    for test or trial during or after the completion, construction, assembly or repair; or

    (c)    for test or trial by or on behalf of an intending purchaser, or for proceeding to or from the place where the purchaser intends to keep it; or

    (d)    for proceeding to or from a public weigh-bridge for the purpose of its weight being ascertained or to or from a place for registration;

    (e)    in the process of exportation to Kenya, Uganda, Zanzibar, Zambia, Malawi or Zaire;

    (f)    for proceeding from the premises of a dealer or to the premises of a purchaser or of another dealer or manufacturer;

    (g)    for towing a motor vehicle which while being driven upon a road has become unable to proceed under its own power from the place where it has broken down to a place for repair or storage;

    (h)    for proceeding to or returning from a workshop in which a body is to be or has been fitted to the motor vehicle or the motor vehicle is to be or has been painted or repaired;

    (i)    for proceeding to or returning from an exhibition of motor vehicles:

    Provided that no fares for passengers or goods shall be charged in respect of any vehicle used under a general identification mark.

    (3) Any person using such general identification mark except for the purposes authorised by this rule shall be guilty of a breach of these rules.

22.    Log book

    (1) Every person to whom a general identification mark is issued shall keep in a book duly approved by the licensing authority an accurate and sufficient record of each occasion upon which a vehicle is used on the road under the authority of a general certificate of Registration, and before any vehicle is so used, he shall cause the appropriate entries to be made in such book.

    (2) The book shall be open to inspection by the central registrar or any police officer or by the licensing authority and shall be kept available for such inspection at the dealer's usual place of business.

    (3) Any person who shall deface or mutilate any book kept under this rule or make any entry therein which is to his knowledge false or misleading or alter or obliterate any entry made therein shall be guilty of an offence against these rules.

23.    General identification mark

    (1) It shall be necessary for a vehicle when carrying a general identification mark to carry a general licence in the manner provided by rule 12(2).

    (2) The holder of a general certificate of Registration may use such number of pairs of plates bearing the identification mark issued to him as he holds licences:

    Provided that in addition to such identification mark there shall be painted on every such pair of plates a serial number commencing at the number 1.

    (3) Such serial number shall follow the general identification mark after a blank space, and the figures thereof shall be of the same size and colour as the letter or letters of the general identification mark.

PART V
DRIVING LICENCES (regs 24-29)

24.    Driving licences

    (1) Licences to drive motor vehicles shall be of eight classes, as follows–

    (a)    licences to drive a motor cycle with or without a sidecar;

    (b)    licences to drive all types of motor vehicles except commercial, heavy duty and public service vehicles and motor cycles;

    (c)    licences to drive all types of motor vehicles;

    (d)    licences to drive all types of motor vehicles except heavy duty and public service vehicles and motor cycles;

    (e)    licences to drive all types of motor vehicles except public service vehicles and motor cycles;

    (f)    licences to drive track-laying vehicles steered by their tracks;

    (g)    licences to drive farm or mine vehicles issued under the provisions of rule 9(1); and

    (h)    provisional licences.

Application for first grant of renewal of licence

    (2) A person who desires to obtain the first grant or renewal of a licence shall apply to the licensing authority of the place where he resides or carries on business and furnish it with the declaration and particulars in duplicate set out in Form G or in Form H in the First Schedule as the case requires.

    Applications for the first grant of a licence to drive any motor vehicle and applications for the renewal of a licence to drive any motor vehicle shall be accompanied by two unmounted copies of a recent photograph of the head and shoulders of the applicant, taken full face, without hat, 45 millimetres long by 35 millimetres wide and printed on normal photographic paper.

    Such copies shall be certified by some responsible person to the satisfaction of the licensing authority on the back thereof as being a photograph of the applicant and where a driving test is required shall also likewise be certified by the officer conducting such test. Such copies shall be dealt with by the licensing authority in the following manner–

    One copy shall be attached to the application, one copy shall be pasted on the licence, if any, issued, and stamped with the official stamp of the licensing authority in such position that part of such stamp shall be on the photograph and part on the licence.

    Should any photograph on any licence issued, inadvertently or owing to the action of the atmosphere, become defaced so as to impair the identification therewith of the holder thereof such holder shall immediately report such fact to the licensing authority by which such licence was issued and, if required by it, shall forthwith supply a further copy of such photograph or three copies of another photograph of himself. If such further copy is supplied it shall be used to replace the original photograph on the licence and shall be stamped in the same manner as the original. If three copies of another photograph are supplied, they shall be used to replace the three copies of the photograph originally supplied, and shall be dealt with as provided therefor.

    (3) Applications for the grant of a licence may be received and dealt with at any time within one month before the date on which the grant of the licence is to take effect.

Certificate of competence

    (4) A certificate of competence in respect of any class of motor vehicle shall be granted by an examining officer to any applicant who passes a test to show that he is capable of fully controlling the motor vehicle of the class of licence for which he is applying. A duplicate certificate of competence may be issued by the licensing authority to any person to whom a certificate of competence has been issued under the Act upon the payment of the prescribed fee and upon the licensing authority being satisfied that the original certificate has been lost, destroyed or defaced:

    Provided that no such fee for a duplicate certificate of competence shall be payable by any person holding a valid certificate issued under Army Council Instruction No. 735 dated 23rd June, 1945, to the effect that such person has passed the driving test for drivers of heavy goods vehicles prescribed in Appendix B to the said Army Council Instruction.

    (5) The prescribed fee for a test shall be paid for each test taken whether the person tested passes or fails and in cases where the examining officer is not a public officer, the Minister may direct that all or a part of the prescribed fee shall be paid to such examining officer in remuneration for his services: in all such cases the examining officer shall certify the result of all successful tests and the issue of all certificates of competence issued by him direct to the licensing authority to which the person tested proposes to apply for a driving licence:

    Provided that no fee for a test shall be payable by any person holding a valid certificate issued under Army Council Instruction No. 735 dated the 23rd June, 1945, to the effect that such person has passed the driving test for drivers of heavy goods vehicles prescribed in Appendix B to the said Army Council Instruction:

    Provided that no such fee shall be payable where the certificate of competence produced is in respect of the class of vehicle specified in paragraph (a) of subrule (1) of this rule.

    (6) The holder of a certificate of competence in regard to any class of vehicle may at any time on his own application be tested as to his proficiency in controlling vehicles of any other class or classes of vehicles. Upon his passing such further test he shall be issued with a certificate of competence in respect of such class or classes of vehicle. Upon production of such certificate of competence together with his driving licence, and upon payment of the prescribed fee, the licensing authority shall, subject to the applicant not being otherwise disqualified therefor, affix to such licence an endorsement slip in the form approved by the Permanent Secretary to the Treasury.

Details of test

    (7) The test shall be directed to ascertain the ability of the applicant–

    (a)    to control the motor vehicle in traffic;

    (b)    to bring the motor vehicle to a standstill from normal speed;

    (c)    to turn corners on main roads, cross roads and turn from side to main roads;

    (d)    to pass other vehicles on the road;

    (e)    to drive the motor vehicle backwards along a straight road and around corners;

    (f)    to turn around in a road; and

    (g)    to understand and obey the precepts of the Highway Code.

    (8) An applicant who shall fail to pass such test may submit himself at an interval of not less than one month for a further test:

    Provided that the examining officer may, if he thinks fit, and shall, if requested by the applicant, re-examine him before the lapse of the period of one month as aforesaid.

Failed applicant

    (9) The applicant for a licence to drive all types of motor vehicles or for a renewal thereof shall produce to the licensing officer a valid certificate given by a registered or licensed medical practitioner that he is physically and visually fit to drive all types of motor vehicles in accordance with the standards prescribed under this rule. A certificate shall be valid for a period of five years from the date thereof, and, where, at the end of such period, the person to whom it relates is the holder of a valid driving licence such certificate shall continue to be valid for an additional period until such driving licence shall cease to be valid.

    (10) The following physical and visual standards are hereby prescribed for the holder of a licence to drive all types of motor vehicles or the holder of a licence to drive a public service or heavy duty vehicle–

    (a)    that he is physically fit to drive all types of motor vehicles and apparently free from any mental or nervous disease, functional or organic; and

    (b)    that his visual standard is not less than either right six ninths, left six ninths or right six sixths, left six eighteenths or right six eighteenths, left six sixths subject in each case to correction with glasses.

25.    Forms of certificates of competence and licences

    A certificate of competence shall be in the form of Form O and a driving licence and a provisional licence shall be in the form set out in Form P, both of which are set out in the First Schedule hereto.

26.    Lost licence: replacement by duplicate

    If a person to whom a driving licence or a provisional licence has been granted by a licensing authority satisfies the central registrar that his licence or any copy of it has been lost, destroyed or defaced, the central registrar shall on being furnished with a further copy of the photograph or two copies of another photograph of the licensee and on payment of the prescribed fee, issue to him a duplicate licence (including any particulars endorsed or entered upon the licence lost, destroyed or defaced), and the duplicate so issued shall have the same effect as the original licence.

27.    Driving licence not to be altered or added to without lawful authority

    A driving licence or a provisional licence which has been altered or added to without lawful authority, or has become defaced or mutilated shall not be deemed to be a valid licence for the purposes of the Act or these rules.

28.    Register of driving licences

    The licensing authority shall keep a register of driving licences and provisional licences and shall enter in such register the particulars furnished by a court under section 25(6) of the Act.

29.    Supply of particulars by authorities to each other

    (1) A licensing authority shall, upon application being made to it by any other licensing authority, or by any police officer of or above the rank of assistant superintendent, or by the road authority forthwith provide without fee a copy of the particulars in the register relating to any driving licence or provisional licence granted by it.

    (2) A licensing authority shall, upon application being made to it by any member of the public and on payment of the prescribed fee, provide a copy of the particulars in the register relating to any licence granted by it.

PART VI
CONDITIONS AS TO THE USE AND CONSTRUCTION OF VEHICLES (regs 30-32A)

(a) Motor Vehicles and Trailers (reg 30)

30.    Conditions for use of motor vehicles on roads

    (1) No person shall cause or permit a motor vehicle or trailer to be used on any road or shall drive or have charge of a motor vehicle when so used unless the conditions hereinafter set forth are satisfied, namely–

Travelling backwards

    (a)    the vehicle, if its tare weight exceed six hundred pounds, must be capable of being so worked that it may travel either forwards or backwards;

    (b)    the dimensions and weights of motor vehicles and trailers shall not exceed the following specifications–

        (i)    overall width - 8 feet 3 inches;

        (ii)    overall height - 14 feet 6 inches;

        (iii)    overall length:

                Provided that the road authority may in its discretion authorise in writing the use of any motor vehicle or trailer or class of motor vehicles or trailers on any road or in any area of the United Republic generally or for any particular purpose notwithstanding the fact that such vehicle or class of vehicles does not conform to the provisions regarding maximum weights contained in this paragraph.

                In the measurement of the overall length or width of any vehicle the projection of any load or any other projection whatsoever shall be included in such measurement.

            gross weight of vehicle – 22 tons;

            gross weight of vehicle and trailer – 32 tons;

            maximum wheel load in the case of a single wheel – 7,000 pounds;

            maximum wheel load in the case of two wheels when the distance between their centres or road contact does not exceed 18 inches – 9,000 pounds;

            maximum axle weight in the case of a single axle – 18,000 pounds;

            maximum axles weight in the case of a group of 2 axles one of which is not less than 40 inches and not more than 84 inches behind the other, and both of which collectively carry the load that would normally be carried by a single axle – 32,000 pounds;

            articulated vehicles – 35 feet;

            combined length of vehicle and trailer – 50 feet;

        (iv)    maximum weights–

            Single vehicles–

                passenger vehicle – 36 feet;

                goods vehicles – 33 feet;

Overhang

    (c)    The overhang behind the rear axle of any motor vehicle or trailer shall not exceed seven twenty-fourths of the extreme length of such motor vehicle or trailer:

            Provided that the road authority may grant in writing for a particular occasion or particular occasions a permit for the carriage by motor vehicle of any specified load which by reasons of the nature of the load is incapable of being so placed on the vehicle as to conform with the provisions of this condition.

            Any such permit shall be carried by the driver of the motor vehicle on such occasion or occasions and shall be produced by him on demand being made by any licensing authority or police officer.

            The road authority shall upon issuing any such permit send to the licensing authority with which the vehicle is registered and the central registrar a true copy of such permit. Such permit shall be returned to the licensing authority on expiration.

Load not to project over side

    (d)    No load carried by a motor vehicle or trailer shall project on either or any side beyond the mudguard thereof.

Load to be well secured

    (e)    Any load on a motor vehicle or trailer shall be secured in such manner as to prevent such load or any part thereof from falling or being jolted off the motor vehicle or trailer when in motion.

Weight

    (f)    No load of a greater weight than that which the vehicle or trailer is constructed to carry, as registered and stated on the licence, shall be placed upon any motor vehicle.

Pneumatic tyres

    (g)    Every motor vehicle and every trailer shall be fitted with pneumatic tyres on all its wheels or may be fitted with a form of wheel or track approved by the road authority.

Metal tyres

    (h)    No motor vehicle or trailer fitted with metal tyres or any kind of metal track shall be used on any road without the sanction in writing of the road authority.

Maintenance

    (i)    All the tyres, whether pneumatic or of tyres metal, of a motor vehicle or trailer shall at all times while the vehicle or trailer is used on a road be maintained in such condition as to be free from any defect which might in any way cause damage to the surface of the road or danger to persons on or in the vehicle or to other persons using the road.

Size of wheels

    (j)    The diameter of a wheel of a motor vehicle or trailer the tare of which exceeds twenty hundred weight shall not be less than twenty-six inches.

Springs

    (k)    Every motor vehicle and trailer drawn thereby shall be fitted with suitable and sufficient springs between each axle and the frame of the vehicle.

Double-decked motor vehicles

    (l)    No double-decked motor vehicle or trailer shall be allowed on any road:

            Provided that a vehicle used for the carriage of small livestock in two tiers shall not be deemed to be a double-decked motor vehicle or trailer for the purpose of this subparagraph:

            Provided further that the Minister may by notice published in the Gazette authorise the operation by any person on any road or in any area of Tanzania of double-decked motor omnibuses.

    (m)    No person shall ride or be carried on any load upon a vehicle if such a proceeding is unsafe by reason of the insufficiency of space available for such person to stand or sit or by reason of the position in which he is carried or the height or arrangement of the load.

    (2)(a) The provisions of paragraph (d) of subrule (1) of this rule rating to the overhang behind the rear axle of any trailer shall not apply in respect of any caravan trailer which–

    (i)    otherwise complies with the provisions of these Rules; and

    (ii)    in the opinion of the licensing authority may be used on a road with safety not only to the persons using the trailer but to other users of the road.

    (b) Before forming any opinion for the purposes of paragraph (a)(ii) of this subrule, the licensing authority shall consult a report of an inspector of vehicles furnished for the purpose.

    (c) Every inspector of vehicles is hereby authorised and required to furnish on demand to a licensing authority in respect of any caravan trailer a report stating whether in the opinion of such inspector the caravan trailer may be used on a road with safety not only to the persons using the trailer but to other users of the road.

    (d) Any opinion of the licensing authority that a caravan trailer which does not comply with the requirements of paragraph (d) of subrule (1) of these rules as to the overhang behind the rear axle may nevertheless be used on a road with safety shall be recorded in a certificate signed by such licensing authority which shall be handed to the person licensing such caravan trailer.

    (e) A certificate issued under paragraph (d) of this subrule shall be carried by the person in charge of the caravan trailer to which it relates whenever the same is used on any road, and shall be produced by him on demand being made by any licensing authority or police officer.

    (3) The provisions of subparagraph (k) of paragraph (1) of this rule relating to the springs to be fitted to motor vehicles and trailers shall not apply in respect of the following–

    (a)    any vehicle first registered before the 1st May, 1955;

    (b)    any land locomotive, land tractor, land implement, agricultural trailer or trailer used solely for the haulage of felled trees;

    (c)    any rail-shunting motor tractor not exceeding 4 tons unladen used on the road only when crossing from one part of the rail track to another;

    (d)    motor cycles;

    (e)    mobile cranes;

    (f)    works trucks or works trailers;

    (g)    any pneumatic-tyred vehicle not exceeding 4 tons unladen, designed and mainly used for work on rough ground or unmade roads, providing it is not driven or drawn at more than 20 miles per hour; and

    (h)    pneumatic-tyred, pedestrian-controlled delivery perambulators.

(b) Use of Carriages (other than Trailers, Bicycles, and Tricycles) (regs 31-32A)

31.    Prohibition on use of carriages which do not comply with conditions

    No person shall cause or permit a carriage other than a trailer, bicycle or tricycle to be used on a road, or have charge of such a carriage when so used unless the following conditions are complied with–

Wheels

    (a)    The wheels of such carriage shall be properly fitted to the axle and shall not revolve in such a manner as to cause or to be likely to cause avoidable damage to the surface of the road.

Tyres

    (b)    All tyres, unless of rubber or some other soft and elastic material, shall be cylindrical with rounded edges, smooth and in good condition, and shall not be fitted with studs, bars, strakes or any other similar contrivance without the sanction in writing of the road authority.

Ricksha

    (c)    The wheels of every ricksha not having rubber tyres or tyres of other soft and elastic material, shall not be less than thirty-six inches in diameter, and shall have tyres of a width of not less than one inch.

Tyres other than rubber

    (d)    When such carriage other than a ricksha is fitted with tyres other tyres than tyres made of rubber or some other soft and elastic material the width of the tyres shall in no case be less than two-and-a-half inches and in the case of carriage drawn by animals and used for conveyance of goods carrying or being capable of carrying, a weight per axle exceeding ten hundred-weight, the width of the tyres shall not be less than four inches.

Dimensions of carriages

    (e)    No carriages whether loaded or unloaded shall be of dimensions greater than the following, namely–

        (i)    length, measured between the extreme projecting points of the carriage or load - 26 feet;

        (ii)    extreme width, including load - 7 feet 6 inches;

        (iii)    height measured from the surface of the road to the top of the load shall in no case be greater than twice the distance between the back wheels measured from centre to centre of the tyres;

        (iv)    the overhang behind the centre point of the rear axle of the carriage shall in no case be greater than one half the distance between the front and back wheels measured from centre to centre of the tyres.

Fixed wheels prohibited

    (f)    Except in cases of emergency, of which the onus of proof shall lie on the driver, no wheel of a carriage the tyre of which is not of rubber or some other soft and elastic material shall be fixed in such a manner as to prevent it from revolving while the carriage is in motion.

Brakes

    (g)    All carriages drawn by animals shall be fitted with suitable brakes.

32.    Bicycles and tricycles

    Every bicycle and tricycle shall be fitted with at least one effective brake.

32A.    Bicycles to carry warning signs

    (1) On and after the 1st June, 1970 every bicycle and power-assisted bicycle shall carry a warning sign securely affixed to the rear mudguard and extending upwards from the rear lower edge thereof, conforming to dimensions and details as set out in the Ninth Schedule to these Rules, and every such warning sign shall be kept clean and visible at all times.

    (2) Nothing in subrule (1) shall apply to a bicycle having a rear wheel the diameter of which does not exceed 50 centimetres if such bicycle is constructed so as to be suitable for use by a child.

PART VII
HAULAGE ON ROADS (regs 33-34)

33.    Haulage

    No person shall use or permit a motor vehicle to be used on any road for the purpose of drawing any trailer unless the following conditions are observed–

    (a)    No motor vehicle shall draw more than one trailer at one time.

    (b)    Every four-wheeled trailer shall have a brake in good working order which when applied shall cause two of the wheels of the trailer, on the same axle, to be so held that the wheels shall be effectually prevented from revolving or shall have the same effect in stopping the trailer as if such wheels were so held, and shall carry a person competent to apply the brake efficiently.

    (c)    If the brakes upon the motor vehicle drawing a four-wheeled trailer are so constructed that none can be used without bringing into action simultaneously the brake attached to the trailer, or if the brake of the trailer can be applied from the motor vehicle by a person upon the motor vehicle independently of the brakes of the latter, it shall not be necessary to carry a brakeman on the trailer.

    (d)    No trailer drawn by a motor vehicle shall carry any person other than the person in charge.

    (e)    No trailer shall be attached to a public service vehicle.

    (f)    The speed of a motor vehicle hauling a four-wheeled trailer shall not exceed twenty miles per hour.

34.    Saving

    The provisions of paragraphs (b), (c) and (d) of rule 33 shall not apply in the case of a motor vehicle being used to draw a disabled motor or other vehicle to a place of repair or storage nor to haulage carried out with the permission in writing of the road authority under special conditions prescribed by it in any particular case.

PART VIII
DRIVING (regs 35-45)

35.    Driving

    (1) No person shall drive a motor vehicle at a speed greater than that prescribed by rules for the particular vehicle.

    (2) Any person driving or in charge of a motor vehicle or carriage used on a road–

Travelling backwards

    (a)    shall not cause the motor vehicle or carriage to travel backwards for a greater distance or time than may be requisite for the safety or convenience of the occupants of the motor vehicle or carriage and of the pedestrian and other traffic on the road;

Corners

    (b)    shall before rounding any curve or corner or entering or crossing a road or approaching a fork, if necessary or advisable; sound his horn or other approved appliance and reduce speed; and in rounding any curve or corner, shall keep as close as possible to the left hand side of the road, and shall, if necessary or advisable, sound his horn or other approved appliance and reduce speed; and when rounding a curve at which the road ahead is not visible from the centre of the road for a greater distance than one hundred yards, or any corner, or entering or crossing a road or approaching a fork, shall not pass or attempt to pass any traffic travelling in the same direction; and shall not, otherwise than by reason of an enforced stoppage owing to the necessities of traffic or mechanical breakdown, stop his motor vehicle or carriage within a distance of twenty-five feet from any corner within a township, or fifty yards from the beginning of a curve elsewhere;

    (c)    shall except when in the Township of Dar es Salaam, if proceeding from a by-road into or across a main road reduce speed and exercise all care and caution, the right of way being in favour of the person using the main road;

    (d)    shall promptly obey all cautionary road signs lawfully erected or placed on any road;

Overtaking vehicles

    (e)    shall not, when behind a vehicle on any road of insufficient width to allow the safe passage of three lines of vehicular traffic, overtake such vehicle when a third vehicle is closely approaching but shall give way in favour of the approaching vehicle;

Hand signals

    (f)    shall make use of the hand signals prescribed in the Fourth Schedule and shall pay regard to such signals when used by other persons;

Persons sitting next to driver

    (g)    shall not, on a right hand steering controlled motor vehicle, permit any person to sit on the right hand side of the driver, not more than two persons on the left-hand side of the driver, and on a left-hand steering controlled motor vehicle shall not permit any person to sit on the left-hand side of the driver, nor more than two persons on the right-hand side of the driver;

To stop on near side of highway

    (h)    shall, when stopping a township, draw his vehicle to his left or near side of the road;

No person to sit on wing, etc.

    (i)    shall, not, except for purposes of testing or repairing, permit any person to ride on the steps, mudguards, tail-board, running boards, bonnet, canopy roofing or elsewhere on the outside of any vehicle;

Animals not be carried outside the vehicle

    (j)    shall not carry any animal on the top steps, mudguards or running boards of the vehicle;

Descending steep hill

    (k)    shall, when descending a steep hills or cutting and meeting another vehicle, stop at a convenient place on the side of the road and allow sufficient space for the vehicle going up to pass;

Excessive noise

    (l)    shall not use the motor vehicle or carriage in such a manner as to cause any excessive noise which could be avoided by the exercise of reasonable care on the part of such person driving or in charge thereof.

36.    Commercial, public service and heavy duty vehicles

    (1) No person in charge of a commercial vehicle, heavy duty vehicle or public service vehicle shall drive or shall be required by his employer or such other person as may be in authority over him to drive such vehicle for a total period in excess of ten hours in any period of eighteen hours or for more than a total number of forty-eight hours in a period of any seven consecutive days.

    (2) When a person in charge of a commercial vehicle, a heavy duty vehicle or a public service vehicle has performed a turn of driving duty of a total period of ten hours in any eighteen hours he shall be given by his employer or such other person as may be in authority over him and shall take an unbroken period of rest of not less than eight hours at any away station or of not less than ten hours at his home station, providing that the period of rest immediately following an eight hours period of rest and subsequent turn of driving duty shall be of not less than twelve hours' duration, whether it is taken at his home or at any away station.

    (3) Except as is provided in paragraph (4) of this rule, where a person in charge of a commercial vehicle, heavy duty vehicle or public service vehicle performs a turn of driving duty exceeding five hours' duration, he shall be given and shall take an unbroken intermediary rest period of at least thirty minutes. This period of thirty minutes shall be deemed to be part of the maximum period of driving duty of ten hours in any eighteen hours and part consecutive days. For the purposes of this subrule a turn of driving duty shall be deemed to be continuous unless broken by a period of at least thirty minutes rest.

    (4) Where a person in charge of a public service vehicle or heavy duty vehicle operating a scheduled service entirely within the limits of a municipality in any period of twenty-four hours performs one turn of driving duty only not exceeding eight hours' duration, he shall be given and shall take intervals of rest and time for refreshment of not less than forty minutes in the aggregate, of which aggregate of forty minutes an interval of not less than twenty minutes shall be given and shall be taken not earlier than two hours after the beginning nor later than five hours after the beginning of the eight hours period of duty. The said period of forty minutes shall be deemed to be part of the maximum period of driving duty of ten hours in any eighteen hours and part of the total number of forty-eight hours in a period of any seven consecutive days.

    (5) A turn of driving duty shall include any time spent en route in loading or unloading or waiting at a wayside stopping place or changing a tyre or any other cause of delay. The unbroken thirty minutes intermediary rest period may be taken during such time, provided that the driver has the thirty minutes rest free of any attention to, or work upon, his lorry or the loading or off-loading of it.

    (6) In addition to the maximum driving period of forty-eight hours per week, provided under paragraph (1) hereof a person in charge of a commercial vehicle, heavy duty vehicle or public service vehicle, may also be required to work for a period not exceeding two hours in any one day or a maximum of eight hours in any seven days on servicing and maintaining his vehicle.

    (7) In the case of accident, breakdown or unforeseen delay the provisions of paragraph (1) may be relaxed.

    (8) Paragraphs (1), (2) and (3) shall not apply–

    (a)    in the case of relief work necessitated by earthquake, famine, flood, fire, epidemic or any other calamity; or

    (b)    in the case of urgent and exceptional necessity for ensuring the working of a service of public utility.

    (9) In any prosecution for an offence under this rule, the onus of proving that the case falls within the terms of paragraph (7) or (8) shall be on the accused.

37.    Restriction on pillion riding

    It shall not be lawful for more than one person in addition to the driver to be carried on any two-wheeled motor cycle, nor shall it be lawful for any such person to be so carried otherwise than sitting astride the cycle and on a proper seat for which foot rests are provided and which is securely fixed to the cycle behind the driver's seat.

38.    Molesting or obstructing the driver

    Any person in a motor vehicle who shall in any way obstruct or molest the driver of such motor vehicle whilst the same is in motion shall be guilty of an offence.

39.    Stoppage of machinery of stationary motor vehicle

    (1) Every motor vehicle shall be so constructed as to enable the driver, when the vehicle is stationary, to stop the action of any machinery attached to or forming part of the vehicle so far as may be necessary for the prevention of noise. The driver shall avoid unnecessary noise when the vehicle is stationary.

Discharge of oil, etc., on road

    (2) Proper precautions shall be taken by the owner and by the person in charge of any motor vehicle to prevent the unnecessary discharge of the products of combustion, steam or lubricating oil on any road.

Unnecessary sounding of horn, etc.

    (3) The person driving or in charge of a motor vehicle shall not sound or permit the sounding of the horn or other instrument referred to in section 43 of the Act except when necessary for the purpose of giving warning of his approach or position and shall in no case sound or permit the sounding of such horn or other instrument in an excessive manner likely to be a nuisance or cause annoyance to the public or to people in general who dwell in or occupy property in the vicinity.

Conditions as to Carriages Drawn by Human Power (regs 40-41)

40.    Prohibitions on use of carriages drawn by human power which do not comply with conditions

    No person shall use or cause to be used upon a road any carriage for the haulage of goods drawn or propelled by human power, unless the following conditions are observed–

Load

    (a)    the load thereon shall not be greater than twenty hundred-weight, and shall not project on either side beyond the naves of the wheel;

    (b)    the height from the surface of the road to the top of the load shall not exceed eight feet;

Tail ropes

    (c)    the carriage shall be supplied with, and blocks and have properly affixed thereto at least two tail ropes or chains, not less than nine feet in length, of sufficient strength effectually to control the descent of the carriage when it is on an incline; and every four-wheeled carriage shall at all times carry a wedge-shaped block of wood or other suitable thing for the purpose of placing against a back wheel thereof when the carriage is stationary on an incline, in order to prevent the carriage from moving;

Tyres

    (d)    the width of the tyres, unless the tyres are made of rubber or some other soft and elastic material, shall be not less than two and a half inches;

Number of men to be employed

    (e)    not less than three men shall be employed in drawing or propelling the carriage when the load exceeds ten hundred-weight, and when the load exceeds eighteen hundred-weight not less than four men shall be employed.

41.    Use of ricksha

    No ricksha shall be used or permitted to be used upon any road by the owner or person in charge thereof unless the following conditions are complied with–

    (a)    the ends of the shafts shall be protected so as not to be dangerous to other traffic;

    (b)    a stay shall be placed at the back of sufficient size and strength to prevent the ricksha from falling backwards;

    (c)    the ricksha shall be strong, serviceable and clean; and

    (d)    not more than two passengers shall be carried at any one time in a ricksha carrying persons for hire or reward. For the purpose of this rule a child under one year of age shall not be reckoned as a passenger and two children between the ages of one and twelve shall be counted as one passenger only. Every person over the age of twelve who is a passenger in a ricksha plying for hire which is carrying passengers in excess of the maximum number prescribed by this rule shall be guilty of an offence.

Carriages Drawn by Animals (reg 42)

42.    Carriages drawn by animals

    (1) No person shall use or cause to be used upon a road a carriage drawn by an animal (except when the animal is adequately controlled by proper reins from the driver's seat on the vehicle) unless such carriage is in charge of at least two men, one as leader and one as driver, and no two carriages shall be coupled together:

    Provided that where a number of carriages drawn by animals are proceeding in file, it shall only be necessary for the foremost carriage to be in charge of a leader and a driver, the succeeding carriages being in charge of a driver only, and provided further that not more than six such carriages in all shall proceed in file.

No tethering of animals on road

    (2) No person shall tether or cause or permit to be tethered on a road any animal within thirty-three feet of the centre line of such road.

Animals not to be outspanned on roads and carriages to be drawn clear of traffic

    (3) When a carriage drawn by an animal is outspanned the person in charge thereof shall cause it to be drawn to the side of the road and clear of passing traffic, and not less than thirty yards from the beginning of any curve or of any junction with another road, and any animal with such carriage shall be taken and kept off the road until the carriage is being inspanned.

Lights on vehicles (regs 43-45)

43.    Conditions under which lights may be fixed, carried, lighted or kept burning

    The lights prescribed by the Act to be fixed on vehicles shall be fixed or carried and lighted or kept burning in accordance with the following conditions–

On carriages

    (a)    Every carriage other than a trailer, bicycle or tricycle when in motion on a road shall, unless closely preceded by a person carrying a lamp, carry two lamps fixed one on either side of the carriage and so as to be clearly visible to traffic approaching from the front or the sides, and unless closely followed by a person carrying a lamp carry one lamp in rear on the off-side of the centre line of the carriage so placed as to exhibit a red light within a reasonable distance in the reverse direction to that in which the vehicle is facing.

    (b)    Every carriage which is stationary on a road shall have at least one lamp which shall be so fixed on the right or off-side of the carriage as to be clearly visible to traffic approaching from any direction:

            Provided that when a number of carriages are drawn up in file and close to each other, it shall be sufficient if there be one lamp on the outside at each extreme end of the line.

On motor vehicles

    (c)    Motor vehicles except motor cycles shall carry two lamps in front, one on each side of the vehicle, so constructed and placed as to exhibit a white light visible at a reasonable distance in the direction towards which the vehicle is facing.

    (d)    Motor vehicles shall also carry one lamp in the rear, on the off-side of the centre line of the vehicle so placed as to exhibit without obstruction a red light visible at a reasonable distance in the reverse direction to that in which the vehicle is facing.

    (e)    When a trailer is attached to the back of a motor vehicle the preceding paragraph shall apply to the trailer instead of the motor vehicle.

    (f)    The rear lamp shall be so contrived as to illuminate by means of reflection, transparency or otherwise, and render easily distinguishable every letter and figure on the identification plate fixed on the back of the motor vehicle or on the back of the trailer, as the case may be, unless a separate lamp is carried which adequately fulfils this purpose.

    (g)    A motor cycle, to which no side-car is attached, shall carry one lamp in front and one lamp at the back. The lamp in front shall be constructed and placed as is provided in paragraph (c) and shall be so contrived as to illuminate on both sides, the identification plate fixed on the front of the motor cycle not less efficiently when is provided in paragraph (f). The lamp at the back shall be so contrived, constructed and placed as is provided in paragraph (d).

    (h)    A motor cycle with a side-car shall carry two lamps in front and one at the back. Of the front lamps one shall be on the cycle and the other on the side-car and they shall be constructed and placed as is provided in paragraph (c). The rear lamp shall be carried on the off-side of the centre line of the combination and shall be contrived, constructed and placed as is provided in paragraph (d).

    (i)    Every bicycle or tricycle shall carry a lamp so placed and lighted as to exhibit a white light in the direction in which the rider thereof is facing, and shall also carry at the back a lamp or reflector or luminous disc approved by the licensing authority and so placed as to exhibit without obstruction by means of transparency, reflection or otherwise a red light visible at a reasonable distance in the reverse direction to that in which such bicycle or tricycle is facing.

    (j)    The lights referred to in this rule shall be acetylene, electric or other kind of light approved for the purpose by the licensing authority.

    (k)    Lamps on the front of vehicles which may produce a dazzling effect shall be provided with means for eliminating the dazzling effect when other users of the road are met or on any occasion when such elimination would be safe and serve a useful purpose. The elimination of the dazzling effect shall leave sufficient light to illuminate the road for a distance of at least thirty yards in front of the vehicle.

    Failure to comply with any of the provisions of this rule shall not be deemed to be an offence, if it is proved to the satisfaction of the court that such failure was due to an emergency and that these rules were observed to an extent which was reasonable in the circumstances.

44.    Reflectors

    (1) In addition to the lights required to be carried on vehicles under the provisions of rule 43 hereof, there shall be carried the following reflectors–

    (a)    on every heavy duty vehicle, commercial vehicle, publish service vehicle and tractor, two red reflectors on the rear thereof and two white, yellow or colourless reflectors on the front thereof;

    (b)    on every motor vehicle (other than those referred to in subparagraph (a) hereof), animal or human drawn vehicle and bicycle, one red reflector at the rear thereof.

    (2) Each pair of reflectors required to be carried under the provisions of subparagraph (i) of paragraph (1) hereof shall be affixed in a vertical position, one within twelve inches of the nearside and the other within twelve inches of the offside of the vehicle, and each such reflector shall be at a height not more than six feet nor less than two feet six inches from the ground. Each of the reflectors on the rear of the vehicle shall be fixed facing squarely to the rear, and each of the reflectors on the front of the vehicle shall be fixed facing squarely to the front.

    (3) Every reflector required to be carried under the provisions of subparagraph (ii) of paragraph (1) hereof shall be affixed in a vertical position and facing squarely to the rear, at a height not more than six feet nor less than eighteen inches from the ground and shall, except in the case of bicycles, be affixed on the offside of the vehicle.

    (4) Every reflector required to be carried under the provisions of paragraph (1) hereof shall be so constructed that, if placed a hundred feet away from and squarely facing a source of light throwing a beam of white light of 2,000 candle power in the direction of the reflector, not exceeding 22½ degrees, shall reflect a beam of light of not less than one thousandth of a candle power in any direction making an angle not greater than three degrees with an imaginary line connecting the centres of the reflector and the source of light aforesaid, and shall not reflect any letter, number or other mark.

    (5) The surface by which light is reflected in accordance with the provisions of paragraph (4) shall, in the case of vehicles referred to in subparagraph (a) of paragraph (1), be not less than 1½ inches a diameter and, in the case of vehicles referred to in subparagraph (b) of paragraph (1), be not less than 3 inches in diameter.

    (6) Every reflector shall be so placed that no part of the vehicle upon which it is affixed projects more than 30 inches or, in the case of bicycles, more than 20 inches beyond the reflector in the direction in which such reflector is facing.

    (7) Every reflector shall be clean and unobscured so as to be plainly visible from the direction towards which such reflector is facing.

    (8) Where the rear lamp of any vehicle is so constructed and maintained as to include a reflector of the dimensions and situated in the position prescribed in this rule, then no additional reflector shall be required in such position.

    (9) [Omitted.]

Red warning triangles

    (10) Where for any reason a motor vehicle or trailer is stopped on any road at night and such vehicle remains either wholly or partly on any part of a road used by other motor vehicles, the driver shall (unless the road is subject to a speed limit not exceeding thirty miles per hour), immediately after stopping his motor vehicle place two red warning triangles of the type prescribed in the Schedule hereto, one in front of and the other behind his motor vehicle, at a distance of not less than one hundred feet from the front and the back respectively of his motor vehicle. Such triangles shall be placed at a distance of not less than two feet nor more than 6 feet from the edge of the road on the side on which the motor vehicle has stopped, with its reflecting surfaces facing towards the line of passing motor vehicles in a vertical or as near a vertical position as possible:

    Provided that this subrule shall not apply where a motor vehicle has stopped temporarily for the purpose of picking up or setting down passengers or where the motor vehicle is displaying the lights required to be displayed under Rule 43.

    (11) The provisions of subrule (10) shall not come into operation until 1st December, 1964.

    (12)(a) No person shall use or cause to be used on any road–

    (i)    a commercial vehicle, the tare weight of which exceeds 4,000 lbs; or

    (ii)    a heavy duty vehicle; or

    (iii)    a public service vehicle, the tare weight of which exceeds 4,000 lbs; or

    (iv)    a trailer, the tare weight of which exceeds 500 lbs,

unless there is fitted to each side of the back of such vehicle or trailer a warning sign, facing directly backwards, which conforms to the dimensions and details set out in paragraphs (b) and (c) of this subrule and in the Seventh Schedule of these Rules.

    (b) Each warning sign shall be mounted on a metal panel not less than 12 inches or 30.5 centimetres high and 24 inches or 61 centimetres wide, and shall be so placed that the lower edge thereof is not less than 24 inches or 61 centimetres and the upper edge thereof is not more than 60 inches or 1.5 metres above the ground level, and the outer edge thereof is not more than 6 inches or 15.3 centimetres from the side of the back of the vehicle or trailer, and the warning sign shall be kept clean and visible at all times.

    (c) The warning signs referred to in paragraph (a) shall each consist of red and white stripes of reflective material in the form of a chevron pattern, the width of which shall be 4 inches or 10 centimetres in the case of red striped and 3 inches or 7.5 centimetres in the case of white stripes.

45.    Direction indicators

    When a motor vehicle is equipped with direction indicators such indicators shall be of one of the following types–

    (a)    movable arms capable of protruding horizontally not less than six inches beyond each side of the vehicle and illuminated by a steady amber light when the arm is in the protruding horizontal position;

    (b)    a constantly flashing or blinking amber light affixed to each side of the vehicle and plainly visible for a reasonable distance from both the front and rear of the vehicle and from the side on which such light is affixed;

    (c)    a constantly flashing or blinking light placed at each side of the front and rear of the vehicle, the colour of such lights being white or orange towards the front and red or orange towards the rear, such lights being plainly visible for a reasonable distance from the direction in which they are facing.

PART IX
GENERAL REQUIREMENTS (regs 46-60)

Public Service, Heavy Duty and Commercial Vehicles
and other Motor Vehicles (regs 46-59)

46.    Applications for licences, etc.

    An application for the licensing of a public service vehicle shall be accompanied by a certificate of fitness in the form of Form I.

47.    Marks on public service vehicle

    (1) The owner of a public service vehicle shall cause to be painted or otherwise plainly marked on some conspicuous part of the right or off-side of such vehicle the name and address of the owner of the vehicle and the maximum number of passengers and weight of goods (if any), which the vehicle is licensed to carry in the form "Licensed to carry .......... passengers and goods not exceeding .......... kg.". The letters and figures shall not be less than one-and-a-half inches high. The owner shall cause the paint or marking to be from time to time repaired or renewed as often as may be necessary to keep the said letters and figures clearly legible and distinguishable:

    Provided that no owner or person in charge of a vehicle shall place or cause to be placed any marks or plate on any vehicle indicating that passengers may be carried unless such vehicle is licensed as a public service vehicle.

    (2) The public service vehicle licence issued in respect of any vehicle shall be placed in a suitable frame fitted with a stout glass cover in a conspicuous position in the inside of the vehicle whenever it is being used on a road as a public service vehicle.

    (3) The rear plate to be issued by the licensing authority in pursuance of section 27 of the Act shall bear a serial number and the plate and lettering shall be of such colour and dimensions as the Minister shall from time to time deem fit.

Marks on commercial vehicle

    (4) The owner of a commercial vehicle shall cause to be painted or otherwise plainly marked on some conspicuous part of the right or off-side of such vehicle in letters and figures not less than two inches in height and of such shape and colour as to be clearly visible–

    (a)    the registered weight of the commercial vehicle unladen;

    (b)    the maximum weight and the maximum number of persons which the commercial vehicle is licensed to carry;

    (c)    the name and address of the owner.

Marks on heavy duty vehicle

    (5) The owner of a heavy duty vehicle shall cause to be painted or otherwise plainly marked on some conspicuous part of the right or off-side of such vehicle in letters and figures not less than two inches in height and of such shape and colour as to be clearly visible–

    (a)    the registered weight of the heavy duty vehicle unladen;

    (b)    the maximum weight which the heavy duty vehicle is licensed to carry;

    (c)    the name and address of the owner; and

    (d)    the letters H.D.V.

48.    Mirror or reflector to be affixed

    Every motor vehicle (other than a motor cycle) shall have affixed thereto a mirror or reflector in such a position that the driver may with the aid of such mirror or reflector see any other vehicle which may be overtaking or following close behind such vehicle.

49.    Mechanical repair

    It shall be the duty of every owner and driver of a public service, heavy duty or commercial vehicle at all such times as it is in use to keep such vehicle in good mechanical repair.

50.    Inspection

    The inspector of vehicles may prescribe a time and place at which any public service, heavy duty or commercial vehicle shall be present for inspection.

51.    Over-loading

    No commercial vehicle, heavy duty vehicle or public service vehicle shall be loaded in excess of the weight specified by the manufacturer thereof or shall carry a greater number of passengers than the number prescribed by the licensing authority in the licence.

52.    Taxicabs only to carry personal luggage

    No taxicab shall convey goods other than personal luggage.

53.    Carrying of goods by other public service vehicles

    (1) A motor omnibus may only convey small quantities of goods belonging to passengers actually being carried and in any event the total weight of such goods carried shall not exceed in the aggregate 25lb. for each passenger for which the vehicle is licensed.

    (2) Any public service vehicle other than a taxicab or motor omnibus which is licensed to carry a maximum number of passengers and in addition a maximum load of goods may, when not loaded or fully loaded with passengers and provided that suitable accommodation is available without infraction of any law applicable to the loading of vehicles, carry goods over and above the maximum for which it is licensed to the weight of 140lb. for each passenger by which the number of passengers actually carried is less than the maximum number for which the vehicle is licensed.

54.    Taximeters

    Every taxicab which is licensed to ply for hire by any local authority shall carry a taximeter which shall be so designed as to indicate clearly to any passenger the distance travelled in miles or kilometres, the total charges (including waiting time and baggage charges) for the journey and, also to indicate to the public whether the motor vehicle is available for hire or has already been hired. Such taximeters shall be approved by an inspector of motor vehicles when the owner or person in charge of any vehicle applies to the Licensing Authority for a taxicab's public service vehicle licence.

55.    Adequate seating accommodation

    No vehicle shall be licensed as a public service vehicle unless adequate and proper seating accommodation to the satisfaction of the licensing authority be provided for passengers and such accommodation shall, in the case of omnibuses and taxicabs, be permanently fixed to the body of the vehicle.

56.    Goods on vehicles

    The driver or person in charge of every commercial or public service vehicle shall ensure that any goods which may be carried on his said vehicle are carried in such a manner as to avoid risk of injury to passengers and as to allow to such passengers free ingress and egress.

57.    Driver's accommodation

    (1) The driver's seat of every public service, heavy duty and commercial vehicle other than a taxicab shall be partitioned off from that rear portion of the vehicle intended for the carriage of passengers and goods:

    Provided that this subrule shall not apply to commercial vehicles having a carrying capacity as set out in the maker's specification of not more than fifteen hundredweight.

    (2) The driver's seat of every public service, heavy duty and commercial vehicle except a taxicab shall permit an unobstructed view to the front and sides of the vehicle and a window or aperture of adequate dimensions shall be placed at the back of the driver's cabin so as to permit a clear view to the rear of the vehicle with the aid of a mirror or reflector.

    (3) Every public service, heavy duty and commercial vehicle shall have a barrier across the whole of the front seat not less than eighteen inches high to be placed in the following manner, that is to say, when the driver sits immediately behind the steering wheel the barrier shall be placed as conveniently as may be on his left-hand side in the case of a right-hand steering gear and on his right-hand side in the case of a left-hand steering gear and no person or package shall travel on the same side of the barrier as the driver:

    Provided that this subrule shall not apply to commercial vehicles having a carrying capacity as set out in the maker's specifications of not more than fifteen hundredweight.

58.    Driver's badge

    The badge to be worn by drivers of public service vehicles shall be issued free of charge by licensing authorities and shall be of metal and numbered serially in the following form–

PUBLIC SERVICE VEHICLE
1
DRIVER

    Upon the issue of a driver's badge, the licensing authority shall inscribe the serial number of the badge issued upon the driving licence of the driver to whom it is issued.

    Licensing authorities shall keep a register of all driver's badges issued and may issue directions to drivers as to the manner in which the badges shall be worn. Licensing authorities shall forward to the central registry such details of badges issued as the central registrar may require.

59.    Duplicate rear plates and badges

    A licensing authority on being satisfied that a rear plate issued under section 27 of the Act or a driver's badge issued under section 30 of the Act has been lost or destroyed may, on receiving payment of the prescribed fee, issue a duplicate plate or badge.

Speed Restrictions for Motor Omnibuses, Heavy Duty Vehicles
and Commercial Vehicles (reg 60)

60.    Speed restrictions

    Subject to the provisions of paragraph (f) of rule 33, the speed at which a commercial, heavy duty or public service vehicle other than a taxicab may be driven on any road shall not exceed thirty miles per hour in townships or minor settlements or forty elsewhere:

    Provided that this rule shall not apply to commercial vehicles having a carrying capacity as set out in the maker's specification of not more than fifteen hundredweight.

PART X
GOVERNMENT-OWNED VEHICLES (regs 61-66)

61.    Motor vehicles and trailers

    The provisions of the Act relating to registration and licensing shall not apply to motor vehicles and trailers, the property of the Government:

    Provided that where a motor vehicle owned by the Government is delivered out of the control and custody of the Government and into the control and custody of another person as evidenced by a certificate in writing under the hand of the Chief Secretary, such motor vehicle shall, for the purposes of this rule and rule 62 be deemed not to be the property of the Government for so long as such certificate is in force; and for the purposes of Form A in the First Schedule, the person into whose control and custody such vehicle has been delivered shall be deemed to be the owner thereof.

62.    Registration

    The Chief Electrical and Mechanical Engineer, Ministry of Communications shall keep and maintain a register of all vehicles and trailers owned by the Government and shall except as otherwise provided by this Regulation, allot to each a number which shall be preceded by the letters "ST". The necessary identification plates shall be issued by the Chief Electrical and Mechanical Engineer and any vehicle or trailer which immediately prior to the coming into operation of these Rules was registered in the manner prescribed herein shall be deemed to have been registered in pursuance of this regulation:

    Provided that–

    (a)    Defence Forces vehicles shall be allotted a number preceded by the letters JW;

    (b)    vehicles allocated for the personal use of Ministers of the Government shall be allotted a number preceded by "Government of Tanzania" or the letters ST together with such letters of identification as may be decided by the Minister for Home Affairs.

63.    Motor vehicles, etc., which may not be used

    Every Government motor vehicle and trailer shall be inspected by an officer appointed by the Minister at least once in every year and no such vehicle shall be used on a road unless its condition is in accordance with the requirements of the Act.

64.    All other vehicles

    All other vehicles belonging to the Government shall be licensed in the manner provided by the Act save that applications for licences shall be made in writing in any form the Accountant-General may require by the officer responsible for the use and control of the vehicle and the licences including identification plates shall be issued without fee.

65.    Government owned motor lorries

    The following rules shall apply to motor lorries owned by the Government in the same manner as they apply to the vehicles mentioned in the said rules–

    (a)    rule 44, which required the vehicle to be fitted with reflectors and to carry red warning triangles to be placed, under prescribed conditions;

    (b)    rule 48, which requires a mirror or reflector to be affixed to the vehicle;

    (c)    rule 49, which requires the vehicle to be kept in good mechanical repair;

    (d)    rule 51, which relates to overloading; and

    (e)    rule 60, which imposes a restriction on the speed at which the vehicle may be driven.

66.    Omitted

    [Deleted by G.N. No. 104 of 1973.]

PART XII
GENERAL PROVISIONS (regs 67-70)

67.    Fees and forms

    (1) The fees set out in the Second Schedule shall be the fees prescribed for the several matters mentioned therein.

    (2) The forms set out in the First Schedule shall be the forms to be used for all applications and matters under the Act for which they are severally applicable subject to such variations as the licensing authority deems necessary in any particular case.

68.    Steam rollers and fire engines

    The provisions of the Act and of these rules shall not apply to steam or other rollers or any other vehicle used for the making or repair of roads or to fire engines.

69.    General penalty

    Any person committing a breach of any of the provisions of, or of any prohibition under, these Rules shall, where no special penalty is provided, be liable in respect of each offence to a fine of one thousand shillings or in case of a second or subsequent offence to a fine of fifteen hundred shillings, or to imprisonment for three months or to both such fine and imprisonment.

70.    Penalty

    If any of the requirements of these Rules in respect to any vehicle are not complied with, the owner, driver or person in charge of such vehicle shall, if the vehicle is used on a road, be guilty of an offence against these Rules and shall be liable to the penalty mentioned in rule 69 of these Rules.

FIRST SCHEDULE
FORMS

INDEX TO FORMS

FORMS A - C

[Deleted by G.N. No. 393 of 1961.]

FORM D
APPLICATION FOR OR RENEWAL OF PUBLIC SERVICE VEHICLE LICENCE

The Traffic Rules

(Rule 9(2))

FORM E
APPLICATION FOR OR RENEWAL OF GENERAL DEALER'S LICENCE

The Traffic Rules

(Rule 9(2))

FORM F

[Deleted by G.N. No. 393 of 1961.]

FORM G
APPLICATION FOR FIRST GRANT OF DRIVING/PROVISIONAL LICENCE

The Traffic Rules

(Rule 24 (2))

FORM H
APPLICATION FOR RENEWAL OF DRIVING/PROVISIONAL LICENCE

The Traffic Rules

(Rule 24(2))

FORM I
CERTIFICATE OF INSPECTOR OF VEHICLES

The Traffic Rules

(Rule 46)

FORM J
CERTIFICATE OF REGISTRATION

The Traffic Rules

(Rule 5)

FORM K
GENERAL FORM OF MOTOR OR TRAILER LICENCE

(Rule 9(2))

(Under Part I of the Road Traffic Act, Cap. 168.)

This Licence must be exhibited in the regulation position on the vehicle when in use on the road.

FORM L
DEALER'S GENERAL LICENCE

The Traffic Rules

(Rule 9(2))

FORM M
CARRIAGE LICENCE (OTHER THAN FOR A TRAILER, RICKSHA, BICYCLE OR TRICYCLE)

The Traffic Rules

(Rule 9(4))

FORM N
LICENCE FOR FARM/MINE VEHICLE

(as the case may be)

The Traffic Rules

(Rule 9(2))

FORM O
CERTIFICATE OF COMPETENCE

The Traffic Rules

(Rule 25)

FORM P
DRIVING/PROVISIONAL LICENCE

The Traffic Rules

(Rule 25)

FORM Q/1
LICENCE FOR A PUBLIC SERVICE VEHICLE OTHER THAN A TAXI-CAB

The Traffic Rules

(Rule 9(2))

FORM R
MEDICAL CERTIFICATE

The Traffic Rules

(Section (114))

SECOND SCHEDULE
FEES AND LICENCES

THIRD SCHEDULE
REGISTRATION NUMBERS

    1.(a) Subject to subparagraph (b) of this paragraph, the registration numbers for all motor vehicles belonging to all public corporations, parastatal organisations and statutory bodies shall be preceded by any of the following sets of letters–

    SU, SUA, SUB, SUC, SUD, SUE, SUF, SUG, SUH, SUI, SUJ, SUK, SUL, SUM, SUN, SUO, SUP, SUQ, SUR, SUS, SUT, SUU, SUV, SUW, SUX, SUY, SUZ.

    (b) The registration numbers for all motor vehicles belonging to the Tanzania Railways Corporation shall be preceded by any of the following sets of letters–

    RAA, RAB, RAC, RAD, RAE, RAF, RAG, RAH, RAI, RAJ, RAK, RAL, RAM, RAN, RAO, RAP, RAQ, RAR, RAS, RAT, RAU, RAV, RAW, RAX, RAY, RAZ.

    2. In the places mentioned in the First Column below, the registration numbers for all vehicles other than Government vehicles and vehicles specified in paragraph 1 shall be preceded with any of the sets of letters specified respectively opposite those places in the Second Column–

    3. The size of all letters and figures shall be–

    (a)    in the case of motor vehicles other than motor-cycles and power assisted cycles, not less than 3½" or 8.9 centimetres high, 5"/>/FIND_{8"/>" or 1.6 centimetres wide and the total width of the space taken every letter or figure, except in the case of figure 1, shall be not less than 2½" or 6.3 centimetres; and}

    (b)    in the case of motor cycles and power assisted cycles, not less than 1½" or 3.8 centimetres high, 5"/>/FIND_{8"/>" or 3.8 centimetres high, 5"/>/FIND8"/>" or 1.6 centimetres wide and the total width of the space taken by every latter figure, except in the case of figure 1, shall not be less than 1¼" or 3.1 centimetres.}

    4. The space between adjoining letters and figures shall be:

    (a)    In the case of motor vehicles other than motor cycles and power assisted cycles, not less than ½" or 1.3 centimetres, and the space between the nearest part of any letter of figure at the top and the bottom of the plate shall be at least ½" or 1.3 centimetres and not less than 1" or 2.5 centimetres between the nearest part of any letter or figure and the side of the place; and

    (b)    In the case of motor cycles and power assisted cycles, the dimensions shall not be less than half of those prescribed for motor vehicles in subparagraph (a) of this paragraph.

    5. [Deleted by G.N. No. 115 of 1992.]

    6. The letters and figures for all other vehicles including motor cycles and power assisted cycles shall be black in colour on a plate made of yellow reflective material.

    7. In the case of a motor vehicle registered both under the Traffic Ordinance or any relevant law of any other country, each of the plates constituting identification marks of registration shall be marked with a square on each of its sides or not less than two centimetres of red, reflective material on each of the four corners of the plate.

FOURTH SCHEDULE
HAND SIGNALS

(Rules 24(8) and 35(2)(f))

FIFTH SCHEDULE
LEARNER PLATE

(Rule 20)

    Diagram of a plate distinguishing the holder of a provisional licence as a learner to be displayed on a motor vehicle whilst being driven by such holder.

SIXTH SCHEDULE
REFLECTING RED TRIANGLES

(Rule 44(10))

    Diagram and description of reflecting red triangles to be displayed when vehicle is stopped on the road at night.

(Diagram)

    The triangle shall be equivalent in design and not less than 15 inches in height from base to apex. The surfaces of each side of the triangle shall be not less than 2" in width and covered with reflecting material, of such standard as shall be approved by the Minister.

SEVENTH SCHEDULE
FORM OF WARNING SIGNS

(Rule 44 (12))

TOP

EIGHTH SCHEDULE
SPECIFICATION FOR REFLECTIVE MATERIAL

    (1) Reflective material shall be retro-reflective sheeting consisting of spherical lens elements embedded within a transparent plastic material having a smooth flat outer surface and a precoated adhesive backing.

    (2) The minimum reflective brightness values of the retro-reflective sheeting shall, as compared to magnesium oxide (MgO), be in accordance with the following table–

    (3) In addition to the minimum reflective brightness value, the retro-reflective sheeting shall comply with the following minimum standards–

    (a)    it shall have such wide-angle characteristics that it is brilliantly visible when placed at an angle of forty-five degrees to a light source;

    (b)    when the surface of the sheeting is entirely wet with water it shall retain not less than ninety per centum of the basic minimum reflective brightness applicable;

    (c)    it shall be solvent resistant so as to be capable of withstanding normal cleaning with petrol, diesel fuel, mineral spirits, turpentine and methanol.

    (4) A warning sign or reflective plate, notwithstanding that the reflective material of which it is composed complies with the above specifications, shall be deemed not to be a warning sign or reflective plate for any of the provisions of these Rules, if, in a clean condition, it is not clearly visible to the naked eye from a distance of 225 metres in the case of a bicycle or power-assisted bicycle, or 45 metres in any case, at night in dry, clear weather when illuminated at the said distance by the undipped headlights of a motor vehicle complying with rule 43 of these Rules.

NINTH SCHEDULE
WARNING SIGNS FOR BICYCLES AND POWER-ASSISTED BICYCLES

THE DISPLAY OF ROAD LICENCE AND EVIDENCE OF MOTOR VEHICLE INSURANCE REGULATIONS

G.N. No. 95 of 1979

1.    Citation

    These Regulations may be cited as the Display of Road Licence and Evidence of Motor Vehicle Insurance Regulations.

2.    Insurer to issue a certificate in the prescribed form

    The National Insurance Corporation of Tanzania Limited shall, in respect of every motor vehicle insured by it, issue a certificate in the form prescribed in the Schedule to these Regulations.

3.    Certificate to be evidence of road licence and motor vehicle insurance

    A certificate issued under regulation 2 shall be evidence of the fact that–

    (a)    a road licence has been taken out in respect of the motor vehicle named in the certificate, in compliance with the provisions of the Road Traffic Act *; and

    (b)    the motor vehicle specified in the certificate has been insured in accordance with the provisions of the Motor Vehicles Insurance Act *.

4.    Duty to display certificate

    (1) Every owner or person in charge of a motor vehicle which is required to be insured in accordance with the provisions of the Motor Vehicles Insurance Act * and licensed in accordance with the provisions of the Road Traffic Act *, shall, at all times when that motor vehicle is being used on the road, display on the motor vehicle, in the manner specified in regulation 5, a certificate issued under regulation 2.

    (2) The owner or the person in charge of a motor vehicle shall on demand, permit any police officer, the Registrar of Motor Vehicles or any person authorised by the Registrar of Motor Vehicles in that behalf to examine the certificate.

5.    Display of certificate

    A certificate issued under these regulations shall be displayed on a motor vehicle in the manner specified below–

    (a)    in the case of a motor cycle, in a conspicuous position on the near side of the vehicle in front of the driving seat;

    (b)    in the case of a motor cycle with a side car, on the near side of the handle bar of the cycle or the near side of the combination in front of the driving seat; and

    (c)    in the case of all other motor vehicles, on the near side of the vehicle facing towards the near side of the road and not less than seventy-five centimetres nor more than one and half metre from the ground level between two parallel lines, the first drawn vertically through the rearmost part of the driving seat, and the second drawn vertically centimetres in front of the base of the front glass wind screen is fitted, through a point one metre forward of the first line:

    Provided that in the case of a motor vehicle fitted with a front glass wind screen extending across the vehicle to the near side, the certificate may be carried facing forwards on the near lower corner of the glass of such wind screen, or within six centimetres of the glass either in front or behind it and so as to be clearly visible from in front at all times by daylight whether such vehicle is moving or stationary.

6.    Offences

    Every owner or person in charge of a motor vehicle who–

    (a)    fails to comply with any of the provisions of regulation 4; or

    (b)    fails to display a certificate in the manner prescribed in regulation 5; or

    (c)    displays a certificate which has been rendered illegible,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding three years or to both the fine and imprisonment.

7.    Revocation of G.N. No. 119 of 1974

    [Revokes the Road Traffic (Display of Certificate of Insurance) Regulations.]

SCHEDULE

THE NATIONAL ROAD SAFETY COUNCIL REGULATIONS

G.N. No. 392 of 1986

1.    Citation

    These Regulations may be cited as the National Road Safety Council Regulations.

2.    Interpretation

    In these Regulations–

    "Act" means the Road Traffic Act *;

    "Chairman–

    (a)    when used in relation to the Council, means the Chairman of the Council;

    (b)    when used in relation to a Regional or District Road Safety Committee, means the Chairman of that Committee;

    "Committee" means a Council committee established under regulation 6 of these Regulations;

    "Regional Committee" or "District Committee" means a Regional or District Road Safety Committee established under Regulation 5 of these Regulations;

    "Council" means the National Road Safety Council established under section 96 of the Act;

    "member" in relation to the Council means a member of the council and includes the Chairman and in relation to a committee means a member of the committee and includes the chairman of that Committee;

    "Minister" means the Prime Minister;

    "Secretary" in relation to the Council means the Secretary to the council and in relation to Committee means the Secretary to that Committee.

3.    The Council

    The Council shall consist of the Chairman and a Vice-Chairman not less than ten other members appointed in terms of the Act.

4.    Secretary

    (1) The National Traffic Commander shall, by virtue of his office be the executive secretary of the Council.

    (2) The secretary shall be responsible for co-ordinating all activities of the Council and to discharge such other functions as may be conferred upon him by the Council.

5.    The Secretariat

    Subject to such directions as the Council may give, the office of the National Traffic Commander at Dar es Salaam shall be the National Secretariat of the Council and the office of the Regional or District Traffic Commander as the Secretariat for each Region or District respectively.

6.    Regional and District Committees

    Subject to these Regulations and such other directions as the Council may give, there shall be, for each Region or District as the case may be–

    (a)    a Regional Road Safety Committee; or

    (b)    a District Road Safety Committee.

7.    Council Committees

    (1) The Council shall have the following Committees–

    (a)    the Research and Statistical Committee;

    (b)    the Education, Training and Publicity Committees;

    (c)    the Road Transport and Accidents' Committee; and

    (d)    the Central Co-ordinating Committee.

    (2) Each Committee shall comprise not less than four council members and may co-opt any such number of persons for such period as council may decide.

    (3) The functions of the Research and Statistical Committee shall be–

    (a)    to promote research into causes of road accidents;

    (b)    to promote statistical research as to the number, types and cost of traffic accidents;

    (c)    to diagnose from research and statistical records or any other sources, causes of road accidents and suggest counter measures to combat accident problems; and

    (d)    to make proposals for amending traffic and road safety legislation with a view to reducing road traffic accidents.

    (4) The functions of the Training, Education and Publicity Committee shall be–

    (a)    to encourage and provide training and education for road-users;

    (b)    to induce a more positive attitude to road safety through lectures demonstrations, campaigns or other means;

    (c)    to collect, prepare and disseminate educational material on road safety; and

    (d)    to prepare and promulgate fully integrated programmes of public information and publicity by means of all appropriate mass communication media.

    (5) The function of the Road Transport and Accidents' Committee shall be–

    (a)    to identify local accident hazards, devise and suggest remedies and advise authorities concerned to promote action;

    (b)    to increase the road-users' knowledge of particular hazards, how they arise and how to cope with them;

    (c)    to advise on current or projected ideas concerning motor vehicles or trailer design, equipment and maintenance with particular reference to safety devices.

8.    Tenure of appointment

    (1) A member of the Council shall hold office for such period as the appointing authority may specify in his appointment or if no period is so specified, shall hold office for a term not exceeding three years and shall be eligible for re-appointment.

    (2) In the case of a member who is a member by virtue of holding some office, he shall cease to be a member upon his ceasing to hold that office.

    (3) The appointing authority may at any time revoke an appointment made by him under regulation (1) and any member so appointed may at any time resign his office by notice in writing to the appointing authority.

9.    Casual vacancies

    If any vacancy occurs in the membership of the Council by reason of death, resignation or permanent incapacity of any member or any other reason, the appointing authority may appoint another person to fill that vacancy and the person so appointed shall hold office for the unexpired residue of the period of office of the member in whose place he is appointed.

10.    Meetings and procedure of the Council

    (1) At least once in every three months, the Council shall ordinarily meet for the transaction of its business at the time and places determined by it.

    (2) The Secretary of the Council shall give each member at least fourteen days notice of the time and place of every meeting and shall keep a record of the proceedings of every meeting of the Council.

    (3) The Chairman, or in his absence the Vice-Chairman shall preside at every meeting of the Council. In the absence of both the Chairman and the Vice-Chairman, members present shall appoint one of their number to preside over the meeting.

    (4) The Chairman or with his consent, the Secretary may invite any person who is not a member to participate in the deliberations at any meeting of the council, but any person so invited shall not be entitled to vote.

11.    Quorum

    (1) The quorum at any meeting of the council shall be one half of the total number of members of the Council and, where there is an uneven number of members, shall be the whole next number above half.

    (2) Subject to subregulation (1) the Council may act notwithstanding any vacancy in its number.

12.    Decision of the Council

    (1) Questions proposed at a meeting of the Council shall be decided by a majority of votes of the members present and voting and in the event of an equality of votes, the person presiding shall have a second vote in addition to his deliberative vote.

    (2) Notwithstanding subparagraph (1), a decision may be made by the Council without a meeting by circulation of relevant papers among the members, and the expression in writing of the views of the majority of members.

    (3) Decisions of the Council may be implemented prior to their approval by the next Council meeting provided adequate information is communicated to the members of the following regular meeting.

13.    Minutes

    (1) The Council shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting of the Council shall be read and confirmed, or amended and confirmed, at the next meeting of the Council and signed by the person presiding at the meeting.

    (2) Any minutes signed, or purporting to have been signed, by the person presiding at the meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they support.

14.    Vacancies not to invalidate proceedings

    No act or proceedings of the council shall be invalid by reason only of any vacancy among its members or defect in the appointment of any member.

15.    Order, directions, etc., by the Chairman

    All orders, directions, notice or other documents made or issued on behalf of the Committee shall be signed by the Chairman.

16.    Procedure of Council Committees

    (1) The Central Co-ordinating Committee shall consist of the Chairman and Executive Secretary of the Council and each Chairman and secretary of the other three Committees. In absence of the Chairman a secretary of a respective Committee, may represent that particular Committee.

    (2) The Chairman and secretary of the Council shall be the Chairman and secretary of the Central Co-ordinating Committee respectively. In the absence of the Chairman or the secretary, the Committee may, on simple majority, elect one of their number to act as Chairman or secretary respectively.

    (3) The Chairman and secretary of the other three committees shall be elected by the Council. In the absence of a committee Chairman or secretary the Committee may, on simple majority, elect one of their number to act as chairman or secretary respectively. Deliberations of the Committee shall conform to all the procedures obtaining in respect of the council proceedings and in event of doubt or ambiguity, the Council shall clarify what proper procedure should be followed in that particular or any other business of any of the committees.

17.    Sitting allowance

    There shall be paid a sitting allowance per diem to council members and co-opted members at the rate prevailing in Scopo.

18.    Chairman and Secretary of the Regional Committee

    The Chairman and Secretary of the Regional Committee shall be appointed by the Prime Minister at the recommendation of the Council. The Council shall nominate ten other members of the Regional Road Safety Committee. The Regional Road Safety Committee shall elect its own Vice-Chairman and acting secretary in the absence of the secretary from amongst its 12 members.

19.    Chairman and Secretary of the District Road Safety Committees

    The Chairman and Secretary of the District Road Safety Committee shall be appointed by the Council at recommendation of the Regional Road Safety Committee. The Regional Safety Committee shall nominate ten other members of the District Road Safety Committee. The District Road Safety Committee shall elect its own Vice-Chairman and in the absence of the Secretary, an acting secretary from among its 12 members.

20.    Regional District sub-committees

    The Regional and District Road Safety Committees may each establish, with the prior approval of the Council any sub-committees which shall tally and correspond in name, composition, functions, and procedure consistently with the respective committees of the Council.

21.    Regional and District Secretary

    The Regional and District Road Safety Committee may have such number of other secretariat staff as it deems necessary to assist in the running of the committee activities. The Regional or District traffic officer as the case may be, shall be appointed the Secretary of the Road Safety Committee of that Region or District.

22.    Regional and District Committees organs of the Council

    The Regional and District Road Safety Committee shall be organs of the National Road Safety Council hierarchically with the Regional Road Safety Committee being the intermediate organ between the Council which is the highest authority and the District Road Safety Council which will be the lowest organ of the Council. Direction and control in the activities and functions of the Regional and District Committees shall ensue from the Council in that order downwards.

23.    Regional and District Committee procedure

    All proceedings of the Regional and District Committees and their sub-committees shall conform to the procedures and practice obtaining in the Council.

24.    Regional and District Committees may co-opt members

    The Regional or District Road Safety Committee may co-opt any person or body of persons for any particular business and period as will be determined by the respective committees.

25.    National Conference

    There shall be held a National Road Safety Conference once in every three years. Delegates to the Conference shall include all members of the Council, all Chairmen and Secretaries of Regional Road Committees one person from each region as nominated by the Regional Road Safety Committee and one person nominated from each of the following institutions: The Ministry of National Education, the Judiciary, the Motor Vehicle Licensing Authority, the National Transport Corporation, the Institute of Transport, the Tanzania Drivers' Association and from any other body which deals with matters relevant to the activities of the Council.

26.    Regional Conference

    At least once in every three years the Regional Road Safety Committee shall hold, at least one month prior to the National Conference, a Regional Conference which shall be attended by all members of the Regional Committee, the Chairman and Secretary of each District Road Safety Committee and one member invited by the Regional Road Safety Committee from each District in that Region.

27.    District Conference

    At least once in every three years, the District Road Safety Committee may hold at least one month prior to the Regional Conference, a District Conference which shall be attended by all members of the District Committee and not more than 10 other persons nominated by the District Committee from within the district.

28.    Council's emblem

    The Council may adopt any insignia and motto as its emblem which may be permanently kept in form of a flag, or stamp and may be advertised in any means of media and sold to the public.

29.    Funds

    The Council shall hold funds and keep accounts from gifts, donations, government vote or any other kind of grant or from any other form of money raising activity of the Council or its Committees.

30.    Remuneration

    The Council, Regional or District Committee may, where necessary, appoint any employee or employees whose remuneration and terms of employment shall be determined by the Council and who shall be an employee of the Council.

THE ROAD TRAFFIC (DISPLAY OF ROAD LICENCES) REGULATIONS

[1st January, 1994]

G.N. No. 264 of 1993

1.    Citation

    These Regulations may be cited as the Road Traffic (Display of Road Licences) Regulations.

2.    Road licence

    The licensing authority shall, in respect of every motor vehicle, trailer or motor cycle, issue a road licence in the form prescribed in the Schedule to these Regulations. The year on such licence shall change annually to reflect the existing year.

3.    Duties to display road licences

    Every owner or person in charge of a motor vehicle or trailer which is licensed in accordance with the provisions of the Road Traffic Act * shall at all times when such motor vehicle or trailer is being used on the road, display on the motor vehicle or trailer, in the manner specified in these Regulations, the road licence.

4.    Examination of licence

    The owner or the person in charge of a motor vehicle or trailer shall on demand, permit any police officer, licensing authority or person authorised in that behalf by the licensing authority to examine such licence.

5.    Positions in which licences shall be carried

    The licence mentioned in regulation 2 shall be carried on the motor vehicle in the manner specified below–

    (a)    in the case of motor cycle in a conspicuous position on the near side of the vehicle in front of the driving seat;

    (b)    in the case of motor cycle with a side-car on the near side of the handlebar of the cycle or the near side of the combination in front of the driving seat; and

    (c)    in the case of all other motor vehicles, on the near side of the vehicle facing towards the near side of the road and not less than one and half metre from the ground level between two parallel lines, the first drawn vertically through the nearmost part of the driving seat, and the second drawn vertically centimetres in front of the base of the front glass wind screen is fitted, through a point one metre forward of the first line:

    Provided that in the case of a motor vehicle fitted with a front glass windscreen extending across the vehicle to the near side, the road licence may be carried facing forwards on the near lower corner of the glass of such windscreen, or within six centimetres of the glass either in front or behind it and so as to be clearly visible from in front at all times by daylight whether such vehicle is moving or stationary.

6.    Offence

    Every owner or person in charge of a motor vehicle who–

    (a)    fails to comply with any of the provisions of regulation 2; or

    (b)    fails to display a road licence in the manner prescribed in regulation 5; or

    (c)    displays a licence which has been rendered illegible,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

7.    Non-application of regulations

    For the purpose of display of road licence, the Display of Road Licence and Evidence of Motor Vehicle Insurance Regulations *, shall not apply.

8.    Revocation of G.Ns. Nos. 182 and 199 of 1993

    [Revokes the Road Traffic (Display of Road Licences) Regulations.]

SCHEDULE

THE ROAD TRAFFIC (SPEED CONTROL DEVICES) REGULATIONS

[27th July, 1990]

G.N. No. 263 of 1990

    1. These Regulations may be cited as the Road Traffic (Speed Control Devices) Regulations.

    2. The device specified in the Schedule to these Regulations is approved and shall be used for purposes of ascertaining the speed at which a person is driving a motor vehicle or any other vehicle on a road or other public place.

SCHEDULE

THE ROAD TRAFFIC (SPEED LIMIT) (PUBLIC SERVICE VEHICLES) REGULATIONS

G.N. No. 165 of 1998

    1. These Regulations may be cited as the Road Traffic (Speed Limit) (Public Service Vehicles) Regulations.

    2. The prescribed Speed Limit for Public Service Vehicles shall be 80 km/hr.

    3. Every public service vehicle shall indicate that speed limit on the rear with a sign painted or affixed to the vehicle. The sign affixed to the vehicle shall be circular, with a diameter of 240mm, with a black border, 20mm in width, with the maximum speed written in black numerals, 120mm high, on a white back ground.

THE ROAD TRAFFIC (SARPCCO VEHICLE CLEARANCE CERTIFICATE) REGULATIONS

[1st January, 2000]

G.N. No. 31 of 2000

1.    Citation

    These Regulations may be cited as the Road Traffic (SARPCCO Vehicle Clearance Certificate) Regulations.

2.    Interpretation

    In these Regulations, unless the context requires otherwise–

    "Act" means the Road Traffic Act *;

    "Interpol" means the International Criminal Police Organisation;

    "SARPCCO" means the Southern African Regional Police Chiefs Co-operation Organisation.

3.    Importation of vehicle or trailer from SARPCCO Member Country

    (1) A person seeking registration of a motor vehicle or trailer under the Act which motor vehicle or trailer is imported from a SARPCCO Member Country shown in the Schedule to these Regulations, shall first apply for and obtain a SARPCCO Vehicle Clearance Certificate from the exporting country.

    (2) The SARPCCO Vehicle Clearance Certificate so obtained shall be produced to the Interpol Office in Dar es Salaam for verification before the motor vehicle or trailer is registered.

    (3) The Interpol Office in Dar es Salaam shall, after verifying the authenticity of the SARPCCO Vehicle Clearance Certificate, confirm by letter or other means the authenticity of the certificate.

    (4) On receipt of the confirmation from the Interpol Office in Dar es Salaam, the applicant for registration of the motor vehicle or trailer shall proceed with the registration process.

4.    Conditions precedent to registration

    (1) The Registrar of motor vehicles shall, subject to the provisions of section 11 of the Act, and, without prejudice to the generality of that section, prior to the registration of a motor vehicle or trailer satisfy himself that the applicant for registration has in his possession a SARPCCO Vehicle Clearance Certificate together with a confirmation from Interpol Office in Dar es Salaam in respect of the motor vehicle or trailer to be registered.

    (2) In cases where the motor vehicle or trailer to be registered is not imported from a SARPCCO Member Country but imported from any other African country, the Registrar shall satisfy himself that the applicant has a confirmation from the Interpol Office in Dar es Salaam indicating that the motor vehicle or trailer in question has neither been stolen from the country in which it was registered nor stolen from any other African country.

5.    Exportation of vehicle or trailer outside SARPCCO Member Country

    (1) A person seeking to export a motor vehicle or trailer outside Mainland Tanzania so that it may be registered in a SARPCCO Member Country shall first apply for and obtain from the Interpol Office in Dar es Salaam a SARPCCO Vehicle Clearance Certificate of the motor vehicle or trailer to be exported.

    (2) The SARPCCO Vehicle Clearance Certificate will be granted subject to the discretion of the issuing authority.

6.    Payment of prescribed fee

    Each SARPCCO Vehicle Clearance Certificate will be issued after payment of a prescribed fee.

SCHEDULE
SARPCCO MEMBER COUNTRIES

(Regulation 3(1))

1.    Angola

2.    Botswana

3.    Lesotho

4.    Malawi

5.    Mauritius

6.    Mozambique

7.    Namibia

8.    South Africa

9.    Swaziland

10.    Tanzania

11.    Zambia

12.    Zimbabwe

THE ROAD TRAFFIC (NOTIFICATION OF OFFENCES) REGULATIONS

[30th June, 2000]

G.N. No. 249 of 2000

1.    Short title>

    These Regulations may be cited as the Road Traffic (Notification of Offences) Regulations.

2.    Interpretation

    In these Regulations–

    "Act" means the Road Traffic Act *;

    "court" means the court established in pursuance of the provisions of the Magistrates' Courts Act *, for the purpose of trying traffic offences.

3.    Service of notice with regard to offences

    (1) Where a police officer has reason to believe that any person >has committed any offence specified in the First Schedule to these Regulations, he shall serve that person with a notice in Form P.F. 101 prescribed in the Second Schedule to these Regulations.>

    (2) The notice served under subregulation (1) shall offer to the person named on it an opportunity for the discharge of any liability to conviction by the court for the offence with respect to the commission of which that person had admitted by payment of a fixed penalty.

4.    Particulars of an offence

    A notice served under subregulation (1) of regulation 3 shall >specify the alleged offence and give particulars of the offence as are >necessary for giving reasonable information of the allegation and shall also state the period during which proceedings may not be taken for the offence.>

5.    No further proceedings for a person who has admitted an offence

    No further proceedings shall be instituted by a police officer against a person who has been served with a notice under Regulation 3(2) and has admitted the offence and paid the prescribed penalty.

6.    Person to submit >himself >for payment of fine>

    (1) A person served with a notice under regulation 3(2) shall pay >the penalty to the police officer who served him with notice or where >that person is unable to pay the penalty, the police officer may require that person to enter into recognisance that he shall pay the penalty to the Officer Commanding District or Officer Commanding Station of an area close to a place where the offence with respect to which the notice has been served on him.>

    (2) Where a person submits himself to the Officer Commanding District or Officer Commanding Station in pursuant to regulation 6(1) he shall pay the penalty specified in the notification.

    (3) All payments made in pursuant to this regulation shall be issued with the exchequer receipt.

7.    Police officer to institute >proceed>ings>

    A police officer shall institute proceedings in the court against any person who, having admitted the offence and a notice being served on >him, fails to submit himself as directed in the notification.

8.    Commission of offences >against >First >Schedule

    Where a police officer has reason to believe that any person has committed any offence specified in the First Schedule to these Regulations, and upon being served with a notification refuses to admit the offence, he shall institute proceedings in court in the same manner as provided for under the provisions of the Act other than section 95.

9.    Money >paid as penalty to form part of Government revenue>

    All money paid as penalty pursuant to notification of traffic offence shall form part of Government revenue and be paid into the exchequer account in accordance with the provisions of section 10 of the Exchequer and Audit Ordinance *.

10.    Revocation>

    [Revokes Government Notice No. 159 of 1991.]

FIRST SCHEDULE
TRAFFIC OFFENCES

(Section 95(10)

PART ONE
OFFENCES RELATING TO MOTOR VEHICLES

PART TWO
OFFENCES RELATING TO BICYCLE/TRICYCLE

PART "A" - NOTIFICATION OF INTENTION TO ANSWER CHARGES

PART "B" - ADMISSION OF OFFENCE

SECOND SCHEDULE
NOTIFICATION OF TRAFFIC OFFENCES

FORM P.F. 101

THE UNITED REPUBLIC OF TANZANIA

THE ROAD TRAFFIC ACT, 1973

(Section 95(3))

THE ROAD TRAFFIC (MAXIMUM WEIGHT OF VEHICLES) REGULATIONS

(Section 114(1)(p))

[24th January, 2001]

G.Ns. Nos.
30 of 2001
100 of 2001

1.    Title

    These Regulations may be cited as the Road Traffic (Maximum Weight of Vehicles) Regulations.

2.    Interpretation

    In these Regulations, unless the context requires otherwise–

    "abnormal load" means or relates to a load, which by its nature (indivisible of extraordinarily large) unavoidably exceeds the legal load and or dimensional limits and thus requires a special permit to travel;

    "articulated vehicle" means a combination of vehicles comprising of a motor vehicle and a semi-trailer coupled to the motor vehicle;

    "awkward load" means a load which by its nature or by the nature of the container of vehicle in which it is carried, is difficult to handle or store, such load is divisible and therefore not an abnormal load. Such loads are bitumen, volatile liquids or gases and perishable goods etc;

    "axle load" means weight transmitted on road by an axle bearing two or more pneumatic tyres;

    "authorized officer" means any person authorized to provide vehicle loading central services by the Road Authority;

    "group of axles" means axle-combinations of more than one axle suspended together with spacing between the axles from 1.2m to 2.5m;

    "gross vehicle mass" means the weight of the motor vehicle or the trailer together with the weight of any load (including any person or animal) thereon;

    where any motor vehicle has any trailer attached to it, the trailer shall be deemed to be part of the motor vehicle and references in these Regulations to a motor vehicle shall be construed as references to the motor vehicle together with such trailer;

    "multi-axle combination" means a group of axles consisting of more than three (3) axles suspended together with a spacing between the axles from 1.2m to 2.5m;

    "overload" means that the axle load, the load from group of axles, the load from other multi-axle combinations or gross vehicle mass on a vehicle exceeds the prescribed legal limits for any particular part of public roads;

    "Road Authority" means the authority responsible for construction, restoration, maintenance and safety of roads or its representative appointed by the Minister responsible for roads within the meaning of the Highways Act *;

    "single axle" means one axle with at least two pneumatic tyres;

    "super load" means a load which is extraordinarily large and indivisible, and which has special route requirements, a special vehicle and a permit e.g. giant indivisible cranes or large prefabricated structures;

    "super single tyre" means a single mounted tyre specially designed for replacing the combination of dual mounted tyres on axles with air suspension;

    "tandem axle" means two (2) axles suspended together with spacing between the axles from 1.2m to 2.5m and interconnected in such a manner that any load imposed upon them will automatically be distributed in proportions pre-determined by the design of the suspension system, regardless of the road profile or road condition;

    "triple axle" means three (3) axles suspended together with a spacing between the axles from 1.2m to 2.5m and interconnected in such a manner that any load imposed upon them will automatically be distributed in proportions pre-determined by the design of the suspension system, regardless of the road profile or road condition;

    "Weights and Measures Bureau" means a body permitted to certify the correctness of weighing scales as the competent authority of the state, as defined by the Weights and Measures Act *.

3.    Election of devices for detection

    (1) The Road Authority may cause weighbridges or other devices for detection to be installed on roads and may erect road signs which shall require any category of motor vehicles to be weighed or subjected to a test by any such device.

    (2) Any person who, being the driver of a motor vehicle or in charge of a motor vehicle, disobeys or disregards any direction on a road sign erected pursuant to the provisions of paragraph (1) or who, when required to do so by a policeman or any other public officer authorized in that behalf by the Road Authority fails or refuses to submit the motor vehicle to being weighed on a weighbridge or being tested by any such device shall be guilty of an overload offence.

4.    Grant of special permit

    No person shall, save under and in accordance with valid special permit granted by the Road Authority, drive or use or cause or permit to be driven or used on any public road in Tanzania any motor vehicle of description specified in the first column of the First Schedule hereto except where:

    (a)    the gross vehicle mass of such a motor vehicle or trailer does not exceed the weight specified in relation to a vehicle of such description in the second column of the said First Schedule;

    (b)    such gross vehicle mass is distributed on axles in the manner specified in the Second Schedule as provided hereto:

            Provided that–

        (i)    no axle, singly or as one of the tandem or triple axles shall carry more than ten (10) metric tones;

        (ii)    the axle load limit shall not exceed the lesser of the limits set in the Schedule or the manufacturer's recommended limits;

    (c)    such overall dimensions of motor vehicle and trailers including when laden does not exceed the following specification:

        (i)    overall width 2.6m;

        (ii)    overall height 4.6m from the road surface;

        (iii)    overall length of rigid vehicle 12.5m;

        (iv)    overall length of articulated vehicle 17.0m;

        (v)    overall length of any combination of vehicles 22.0m.

5.    Road Authority to specify the forms

    A special permit issued by the Road Authority shall be in such form as may be determined and there may be annexed thereto such conditions as the Road Authority may specify.

    Such conditions may include–

    (a)    the presentation of the vehicle and load to be weighed;

    (b)    the provision of escorts;

    (c)    the use of warning lights and devices;

    (d)    travel times; or

    (e)    any other matter which in the opinion of the Road Authority, is necessary for the carriage of such load and the protection of road infrastructure and the environment.

6.    Failure to comply with the conditions

    Any person who–

    (a)    drives or uses or causes or permits to be driven or used any motor vehicle or trailer on any road in contravention of any provision of these Regulations;

    (b)    in any manner whatsoever fails to comply with any condition annexed to a special permit issued by the Road Authority or who with intent to deceive or defraud, alters, varies, defaces, forges or otherwise in any way interferes with such permit,

shall be guilty of an offence, and shall be liable on conviction to a fine not less than 2,000 US$ or its equivalent in Tanzanian shillings or to imprisonment for a term of six months or to both.

7.    Application

    (1) These Regulations shall apply to vehicles of 3,500kg permissible weight or above which fall into the following overload offence categories–

    (a)    a vehicle is said to be overloaded when used on a public road in contravention of weight regulations. In this context a vehicle is said to be overloaded when contravening the permissible axle(s) weight and gross vehicle mass laid down for that vehicle and allowed for the roads weight regulations laid down by prohibitions signs for a specified part of a road, or special notifications or other;

    (b)    if a special permit is issued for a vehicle, the overload is to be calculated accordingly and the corresponding fee(s) imposed.

    (2) For reasons of the distribution of the load on a vehicle, an axle or group of axles is only to be deemed overloaded if the load exceeds the legal limit after addition of five percent (5%) of allowable weight, and then rounding down to the nearest one hundred kilograms.

    (3) For each axle an additional five percent (5%) of the allowed weight may be carried further. However, if such overload is not off-loaded, the surcharge fee for carrying it further will be four times the corresponding fee for the overload. All overload beyond five percent (5%) shall be off-loaded into another vehicle unless a special permit is produced.

    (4) If it is established that a vehicle is carrying a load in excess of the legal load limit while a journey is being undertaken, the vehicle in question will not continue with its journey unless the excess load is off-loaded or redistributed and the vehicle upon being re-weighed shall confirm to the legal load limit.

8.    Imposition of fees

    (1) The Road Authority shall impose the prescribed fees for vehicle overload offences to recover the cost of the damages to the roads and bridges caused by the overloaded vehicles; these fees shall be paid on spot to the Road Authority.

    (2) Fees prescribed in these Regulations shall be imposed to the owner of the overloaded vehicle in question according to the specification in regulation 9.

    (3) Any person who overloads his vehicle shall be guilty of an overload offence under paragraph (b) of regulation 6.

9.    Fees and permit for abnormal, awkward and super dimension loads

    (1) Any motor vehicle or trailer which carries a load by its nature indivisible and unavoidable exceeds the legal dimensions but not axle load limits, shall not use the road unless an abnormal permit fee of twenty US dollars or the equivalent in Tanzania shillings, has been paid and issued a permit by the Road Authority; the cost for safe movement of the cargo shall be borne by the registered owner.

    (2) Where there is an abnormal load which its width exceeds 2.85m, the registered owner shall provide for escort vehicle(s) at his own expense, and the Road Authority will issue the permit to the registered owner who has provided the escort vehicle(s) and paid fees for the abnormal permit.

    (3) Where a vehicle carries a super load that can cause damage to the road infrastructure, the registered owner must comply with the conditions set down in the permit by the Road Authority to prevent any part of the roads or bridges being damaged.

    (4) If any visible damage is done to any bridge, road structure or road furniture, the registered owner shall be required to compensate the Road Authority for such damage and shall be liable for any costs, charges or expenses in respect thereof including any axle or gross vehicle mass overload fee payable in accordance with these Regulations.

    (5) If a vehicle is overloaded and the load is considered to be awkward, it shall not be off-loaded at the weighbridge station unless special and legal safety precautions are taken; in this case the registered owner of the vehicle shall be required to pay a fee for each overloaded axle or for the excess gross mass weight.

    (6) If the destination is further away than the starting point, the driver shall take his vehicle to the starting point for off-loading to legal limits after having paid the overload fee and if the destination is near the vehicle may proceed after having paid the regular over-load fee and the surcharge shall be paid in accordance with subregulation (3) of regulation 7.

    (7) A person is disqualified from being issued a permit if he has an outstanding debt in respect of any monies payable in terms of these regulations.

10.    Liability to owners

    (1) If a vehicle is found to contravene the provision of regulation 8 the registered owner shall be liable to pay fees to the Road Authority in accordance with the specifications provided under regulation 9.

    (2) Subject to the provisions of subregulation (1) the liability for an overload fee according to these Regulations shall not exclude penal sanctions for other traffic offences associated with the vehicle.

11.    Axles or group of axles to form base of fees calculation

    (1) Subject to the provisions of these Regulations the fee shall be calculated separately on each axle or group of axles according to the Schedules set out in these Regulations.

    (2) When determining the load limit for an axle or group of axles the following shall be taken into account–

    (a)    the fee to be paid for an overloaded axle or group of axles shall be as specified in the Third Schedule of these Regulations;

    (b)    the fee to be paid for Gross Vehicle Mass overload, shall be as specified in the Fourth Schedule to these Regulations;

    (c)    when a vehicle is overloaded, both with respect to axle load and gross vehicle mass limits, only the Schedule giving the highest fee will be applied.

12.    Procedure for payment of fees

    (1) Subject to regulation 15 the notification in the weighbridge report form gives the basis for imposing fees where the vehicle is found to be overloaded according to these Regulations; it shall be the duty of the Road Authority to impose fees.

    (2) It shall be the duty of the driver to notify the registered owner to an overload as shown on the weighbridge report form regarding the overload and the fee shall be paid after the issuance of the weighbridge report form.

    (3) If a trailer was used in violating the overloading regulations, the registered owner of the motor vehicle pulling the trailer shall be liable for the overloading offence and shall be required to pay overloading fees.

    (4) Subject to subregulation (3), it shall be the duty of the owner or of any person registered as the owner of the motor vehicle pulling the overloading trailer to pay fees for an overloaded trailer or motor vehicle.

    (5) In order to secure proper payment of fees, an overloaded vehicle will be detained free of charge by the Road Authority for the first three consecutive days, thereafter, a fee of twenty US dollars or its equivalent in Tanzanian shillings will be charged for each extra day until proof of payment has been produced.

    (6) Subject to the provisions of this regulation detained vehicles will be held under the owner's responsibility and payment of fees shall be made either by cash or irrevocable bank cheque in US dollars or its equivalent in Tanzanian shillings.

13.    Authority and the enforcement

    (1) If the vehicle is overloaded or is in contravention of the Road Traffic Act * or the Highways Act *, the Road Authority together with the police shall perform overload control and enforce these Regulations.

    (2) Subject to subregulation 1 it shall be the duty of the driver to follow all the instructions given by the Road Authority or the police so that road safety and overload control procedures can be performed in a proper way.

    (3) Where a vehicle is found to have bypassed or absconded from a weighbridge station, whether overloaded or not, the registered owner shall be liable to pay a bypassing or absconding fee of two thousand US dollars, and subject to the provisions of these regulations if the vehicle is found to be overloaded, the overloading fee and charging procedures described under these regulations shall be instituted in addition to the absconding fee.

    (4) It shall be an offence when the instructions of the Road Authority or the Police are not followed, as the result of the contravention a vehicle and cargo shall be detained as long as it is necessary at the expenses and the risk of the registered owner.

    (5) If the fees described in these Regulations is not paid after ninety days from the date of imposition, the Road Authority may issue a notice of sale by auction of the vehicle in question and its goods.

    (6) Subject to subregulation 5 before the goods are disposed of by auction the Road Authority shall by notice published in the Gazette and in two national newspapers within fourteen days after the vehicle in question has been compounded require the owner of the motor vehicle or trailer to claim for the goods failure of that the goods will be disposed of by auction.

    (7) The proceeds of any such sale shall first be used to cover the charges resulted by sale, including the cost of the advertisement and removal of the vehicle or trailer while the remaining proceeds, if any, shall be payable to the registered owner, or, where the owner fails to claim within six months of the sale the proceeds shall be deposited to the Road Authority.

    (8) For security reasons the Road Authority shall notify the nearest police station within 24 hours regarding which vehicle is being detained at the weighbridge stations.

14.    Powers of an authorized officer

    An authorized officer may–

    (a)    require the driver of a vehicle to stop the vehicle for the purposes of weighing and inspecting vehicles;

    (b)    enter the vehicle;

    (c)    inspect–

        (i)    any load being carried in or on the vehicle; and

        (ii)    any record relating to any load carried in or on the vehicle;

    (d)    weigh the vehicle and any load being carried in or on the vehicle;

    (e)    weigh the amount of weight being borne by an axle or an axle group of the vehicle;

    (f)    inspect any record relating to, issued or required under any transport legislation;

    (g)    inspect any record, object or thing that relates to the vehicle, its operation or any load carried in or on the vehicle;

    (h)    make inquiries of any person who operates the vehicle inspected under this section; and

    (i)    perform or cause to be performed tests or examinations of or in respect of the vehicle or any load carried in or on the vehicle;

    (j)    impose any other damage caused by a transporter.

15.    Weighing procedures

    (1) It shall be the duty of the authorised officer to make sure that a scale is always set to zero before weighing starts.

    (2) An overload fee related to axles or gross vehicle mass shall be calculated by weighing the individual axle or group of axles, and alternatively, the gross vehicle mass may be calculated by weighing a vehicle in one operation.

    (3) When using single axle weighbridges, the gross vehicle mass shall be calculated on the basis of the sum of weight of the different axles.

    (4) Only scales authorized by the Weights and Measures Bureau shall be used.

    (5) The authorized officer shall fill in a weighbridge report form, which must be signed by the driver, who by signing the form shall be an indication that he has agreed on behalf of the owner that the vehicle particulars and weighing scale reading at that particular time of weighing are correctly reported on the form; failure of a driver to sign the weighbridge report form does not prevent the Road Authority from imposing a fee.

    (6) In cases where the load complies with legal axle weights and gross vehicle mass, a weighbridge report form shall be deemed to be a compliance permit in accordance to the Road Traffic Regulations, the driver shall carry the permit throughout the journey and if there is reason to believe that the vehicle subsequent to the control has been reloaded or tampered with in any way, a new weighbridge report form must be issued.

    (7) The registered owner shall keep the weighbridge report form and a permit for a period of one year from the date of issue, if demanded by the Road Authority, the registered owner must present the weighbridge report forms.

16.    Administration appeal

    (1) In special circumstances the Roads Authority in consultation with the Minister may refrain from imposing a fee or waive or reduce an imposed fee, the waiver or reduction of fees shall be considered if–

    (a)    the matters are of national security;

    (b)    it is for bilateral agreements between governments;

    (c)    the motor vehicles are used as a result of natural disaster relief or for emergency infrastructure restoration.

    (2) Notwithstanding the provisions of subregulation (1) the conditions spelt out therein shall be a special permit stating the circumstances of the waiver or reduction be issued by the Roads Authority prior to the journey.

17.    Appeals

    (1) Any person aggrieved by the decision of the authorized officer or the Road Authority refusing to grant a weighbridge report or any permit required to be granted under these Regulations may appeal against that decision to the Minister.

    (2) Where a person is not satisfied by the decision of the Minister he may appeal to the High Court and the provisions of the Criminal Procedure Act, shall apply.

18.    Repeal and savings

    (1) [Revokes the Road Traffic (Maximum Weight of Vehicles) Regulations *.]

    (2) Notwithstanding subregulation (1) any exemption or permit which was granted by the Road Authority in terms of the regulations referred above and which are in force shall continue to be in force as if they have been made under these Regulations, and may be amended or repealed accordingly.

FIRST SCHEDULE
MAXIMUM GROSS VEHICLE MASS

(Regulation 4(a))

SECOND SCHEDULE
DISTRIBUTION OF GROSS VEHICLE MASS ON AXLES

(Regulation 4(b))

THIRD SCHEDULE
OVERLOADING FEES FOR AN AXLE AND GROUP OF AXLES

(Regulation 11(a))

FOURTH SCHEDULE
OVERLOADING FEES FOR MAXIMUM GROSS VEHICLE MASS

(Regulation 11(b))

THE ROAD TRAFFIC (MOTOR VEHICLES REGISTRATION) REGULATIONS

(Section 114)

[.....................]

G.N. No. 177 of 2001

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1.    Citation

    These Regulations may be cited as the Road Traffic (Motor Vehicles Registration) Regulations, and shall come into operation on the day which the Minister may, by notice published in the Gazette, appoint.

2.    Application

    These Regulations shall apply to registration of all motor vehicles in Mainland Tanzania except for motor vehicles owned by the Government, Tanzania Peoples Defence Forces, International organisations, diplomatic or consular offices whether or not such motor vehicle are meant for use for public transport or private transport.

3.    Interpretation

    In these Regulations–

    "Act" means the Road Traffic Act *;

    "licence fee" means the fee payable upon submission of application for licence and includes a charge for maintenance of motor vehicle registration systems;

    "motor vehicle" has the meaning assigned to it under the Act;

    "Registrar" means the Registrar of Motor Vehicles appointed under section 3 of the Act;

    "trailer" has the meaning assigned to it under the Act;

    "vehicle" has the meaning assigned to it under the Act.

PART II
APPLICATION FOR REGISTRATION (regs 4-9)

4.    Requirements for registration

    (1) Subject to subregulation (2), every person owning a motor vehicle shall make application for the registration of such a motor vehicle.

    (2) Application for registration of a vehicle shall be made to the Registrar of Motor Vehicles.

    (3) Motor vehicles to which application for registration shall be made are:

    (a)    cars;

    (b)    work machines when used for passengers except where used for facilitating crossing of a road or crossing the shortest way to or from a working place or when used for transporting of goods on public roads;

    (a)    trailers attached to tractors, work machines or heavy jeep;

    (b)    trailer attached to a motor machine.

5.    Exemption

    Motor vehicles which may be exempted from registration are:

    (a)    any vehicle which is in transit to a country other than Tanzania;

    (b)    a vehicle carried or being moved from the harbour immediately after clearance by the Customs Office to the place where the owner resides.

6.    Application for registration in general

    (1) Application for registration of a motor vehicle shall be made in writing by the owner and addressed to the Registrar on the Form set out in the Schedule to these Regulations.

    (2) The application shall contain:

    (a)    data identifying the vehicle and the owner;

    (b)    customs clearance certificate;

    (c)    certificate of roadworthiness;

    (d)    certificate of insurance; and

    (e)    any other necessary requirement.

    (3) Where the vehicle in respect of which an application for registration is made was owned by the Tanzania Peoples Defence Force, the Government, a local government, a parastatal organisation, or the diplomatic or consular offices or an international organisation enjoying privileges akin to those enjoyed by members of diplomatic or consular offices, the applicant shall produce the extract evidencing proof that such vehicle has been sold to him and that all necessary taxes and duties have been paid.

    (4) Where the application relates to vehicles imported to Tanzania by a person other than importer for purpose of using such vehicle in Tanzania, the applicant shall, in addition to the requirements of these Regulations, submit information relating to:

    (a)    the identity of the owner;

    (b)    particulars of the vehicles; and

    (c)    information as to whether relevant taxes and duties have exporting country.

    (5) Where the application relates to vehicles imported to Tanzania from a SARPCCO member Country, the applicant shall submit a SARPCCO Vehicle Clearance Certificate from the exporting country.

    (6) In this regulation, SARPCCO means the Southern African Regional Police Chiefs Co-operation Organisation.

7.    Registration of vehicle

    (1) Where the Registrar is satisfied that all necessary conditions have been complied with, he shall register the motor vehicle.

    (2) The Registrar shall not register a person who is or is apparently below the age of eighteen years as owner of a vehicle.

    (3) The Registrar may register any person who is or is about the age of fourteen years as owner of a motor cycle.

    (4) The Registrar shall not register as owner of a motor vehicle any person of unsound mind.

8.    Emergency motor vehicles, etc.

    (1) Motor vehicles intended for use by the members of fire fighting groups, ambulance or those intended for delivery of emergency services shall be exempted from the requirement of licence and any other conditions as the Minister may, by order specify.

    (2) The vehicles classified for delivery of emergency services shall not be registered as such unless approval there is evidence that it is capable of doing the type of emergency service for which it was manufactured.

9.    Roadworthiness inspection

    (1) All applications for registration of a vehicle shall be accompanied by a certificate issued by appointed vehicle inspectors, certifying that the vehicle with respect to which a registration is applied for is roadworthy.

    (2) Subject to subregulation (3), the certificate for roadworthiness must relate to the inspection conducted within one month before the application is made.

    (3) Where the application made relates to a new vehicle, the requirements for a certificate of roadworthiness may be dispensed with.

    (4) Notwithstanding subregulation (3), the Registrar may direct that a certificate of roadworthiness be obtained and the applicant shall comply with such directive.

PART III
REGISTER OF MOTOR VEHICLES (regs 10-15)

10.    The Register of Motor Vehicles

    (1) The Registrar shall keep and maintain the Register of Motor Vehicles.

    (2) The Register shall contain all necessary information relating to motor vehicles and in particular it shall contain:

    (a)    the address and the Taxpayer Identification Number (TIN) of the owner;

    (b)    particulars stipulated under the Second Schedule to these Regulations;

    (c)    if transferred from original owner, particulars of the transfer date of transfer, the transferor and transferee.

    (3) Information and all particulars concerning the vehicle shall be supplied or extracted from the owner, insurance companies or car dealers.

11.    Correction of the Register

    (1) Any error in the Register may be corrected at any time when it is discovered.

    (2) Where the registrar makes any correction in the Register, he shall notify the owner of the vehicle in respect of which correction of particulars have been made.

12.    Accessibility of Register to public

    (1) Subject to Regulation 14, any information relating to any particular vehicle may be supplied to the public upon application and on payment of a prescribed fee.

    (2) Notwithstanding subregulation (1), any information relating to other personal particulars may be obtained or availed to the public where:

    (a)    there is express permission by law;

    (b)    the information is necessary for the purpose of compliance with any requirement of the Road Traffic Act *, but no information as is likely to interfere or injure the personal integrity of the owner of the vehicle may be supplied to the public.

    (3) Unless as provided for under subregulation (2), information which may be available to the public shall be such as may relate to the name of the owner and particulars of the vehicle.

    (4) The Registrar shall have the responsibility to keep and maintain all information and may, where necessary, match any information supplied to him with other information obtained or supplied to him for the purpose stated in these Regulations.

    (5) Any information supplied but which may not be necessary for the purpose of registration, the keeping and maintenance of the Register may be discarded.

13.    Police officer may detain vehicle

    (1) A police officer may, upon reasonable and probable grounds of suspicion that any vehicle is used on a road contrary to the provisions of these Regulations, detain that vehicle.

    (2) Where a vehicle has been detained in pursuance of subregulation (1), he shall inform the Registrar about such detention.

14.    Direction by Government

    (1) The Registrar shall supply any information required by the Government or any relevant authority in relation to any particular matter with respect to the registration of any vehicle.

    (2) The request for any information may be specific or of a general nature.

15.    Removal of any information from register

    (1) The Registrar may remove any information or delete any entry from the Register if such information or entry relate to a vehicle which has been de-registered in pursuance of any of the reasons specified under Regulation 32.

    (2) The removal of any entry from the Register may be done after five years following the de-registration of the motor vehicle.

    (3) Notwithstanding subregulation (2), the Registrar may after the expiry of one year following the date of de-registration alter information relating to that vehicle.

PART IV
CONSEQUENCE OF REGISTRATION AND LICENSING (regs 16-21)

16.    Consequence of registration

    (1) Where the Registrar is satisfied that an application for registration complies with all the necessary requirements, he shall grant the application.

    (2) Where the Registrar grants the application, he shall issue to the applicant the following:

    (a)    a registration number;

    (b)    a registration card;

    (c)    a motor vehicle licence.

17.    Sign of nationality

    (1) The nationality of a motor vehicle registered in Tanzania shall be symbolised by a letter "T".

    (2) The letter "T" shall be marked and followed by numeral numbers and placed in front and at the back of the vehicle.

18.    Registration number of motor vehicles

    (1) The registration number for all vehicles other than motor vehicles owned by the Government, Tanzania Peoples Defence Forces, International Organisations, diplomatic or consular offices shall be preceded with a letter "T" followed by figures and letters ranging from "101 AAA" up to "999 ZZZ".

    (2) For the purpose of registration numbers, the following letters and combinations shall be excluded:

    (a)    letters "I" and "O"; and

    (b)    combination of a letter and figures ranging from "T001" up to "T100".

19.    Registration Card

    (1) The registration card shall have two parts as specified under subregulation (2) and contain all relevant particulars of the vehicle and the owner as may be necessary for facilitating the use and control of vehicle.

    (2) Part I of the registration card shall contain technical information and particulars of the motor vehicle and the name of the owner.

    (3) Part II of the registration card shall contain information of the owner and may be used for effecting entries in relation to the changes in ownership or upon de-registration of the vehicle.

    (4) The registration card shall be issued after the vehicle has been registered by the Registrar for the first time and may be re-issued where there have been changes of information, ownership or other particulars in any of the two parts of the card.

    (5) The re-issuance of a new card or issuance of a duplicate of the old card as the case may be, shall upon application to the Registrar accompanied by a prescribed fee, police loss report and road worthiness certificate.

20.    Validity of Registration Card

    (1) The registration card shall be valid during all the time unless replaced or renewed in accordance with these Regulations.

    (2) The registration card shall be evidence of ownership of the vehicle and any matters therein and shall be shown to the police officer on demand.

21.    Motor vehicle licence

    (1) A motor vehicle licence shall be issued where:

    (a)    the licence fee has been paid;

    (b)    the vehicle has been insured;

    (c)    the road worthiness certificate has been obtained.

    (2) The licence shall be valid for a period of twelve months at the end of which the owner of the vehicle is required to renew it and the provisions of subregulation (1) shall apply in relation to the renewal.

    (3) The licence shall be placed at a conspicuous place on the windscreen.

    (4) In the event of the licence being destroyed or otherwise lost or worn out, the Registrar may on application and upon payment of a prescribed fee issue a duplicate licence.

    (5) The licence fee may be refunded where the vehicle in respect of which it has been paid is de-registered but the period during which the motor vehicle was registered shall, for the purpose of calculating the sums due for refund, be deducted.

PART V
REGISTRATION PLATES (regs 22-26)

22.    Issuance of registration plates

    When a vehicle or trailer is registered in accordance with the provisions of these Regulations, it shall be issued with two registration plates, manufactured according to the prescribed standards.

23.    Fixing of the registration plates

    (1) The registration plates shall be kept fully visible and in such a status as may render them easily to be read at all times.

    (2) No other identification mark or marks shall be attached on the registration plates except for the sign identifying the nationality of such a motor vehicle and the actual registration numbers.

    (3) Where the registration plate is destroyed, lost or otherwise disposed of or where it can no longer be visible enough as to be read at all times, the owner of the motor vehicle shall apply to the Registrar for duplicate registration plates.

24.    Interim registration plates

    (1) Notwithstanding the provisions of Regulation 23, the owner of a motor vehicle may, after getting a written permission from a police officer apply in writing to the Registrar for interim plates where the original registration plates have been destroyed, lost, worn out or otherwise disposed of.

    (2) For purpose of ensuring smooth administration and proper management of registration plates, a police officer who takes the original registration plates off the vehicle shall notify the Registrar of Motor Vehicles.

    (3) The Registrar shall bear a reciprocal duty to notify the police about the issuance of any interim plates in favour of any motor vehicle.

25.    Validity of temporary registration plates

    Temporary plates shall be valid during the period when the duplicate registration plates have not been issued.

26.    Registration of vehicles previously owned by Government, diplomats, etc.

    (1) The registration numbers and plates for Government owned vehicles and members of diplomatic or consular offices shall be conducted, administered, issued and managed by the Ministry of Works and Foreign Affairs and International Co-operation respectively.

    (2) Where the ownership of any such vehicle is transferred to an individual person, the authority under whose custody the vehicle was shall notify the Registrar accordingly for the purpose of obtaining any relevant particulars relating to that vehicle.

PART VI
PERSONAL REGISTRATION PLATES (regs 27-28)

27.    Personal plates

    (1) Personal registration plates shall be plates containing two up to seven special characters.

    (2) Special characters contained in the personal registration plates shall not include obscene or offensive combinations or combinations similar to a registration number as provided for under Regulation 18, such application may be accepted by the Registrar.

    (3) Subject to subregulation (2), the personal plates shall be used on a vehicle in lieu of ordinary registration plates and the Registrar reserves the right to prolong the period during which such personalised plates may be used.

    (4) Personal registration plates shall be applied for by owner of the vehicle and the application must fulfil all conditions stipulated under these Regulations respecting registration of the motor vehicles.

    (5) Personal registration plates shall, unless it is sooner disallowed, be valid during a period of five years and may be renewed upon payment of fees.

28.    Application of other conditions to personalised plates

    The general rules with respect to the application for registration, transfer, insurance, motor vehicle licence and all matters relating to the use of motor vehicles on the road shall apply with necessary modification in relation to motor vehicles with personal registration plates.

PART VII
CHANGE OF CONDITIONS OF VEHICLES (regs 29-31)

29.    Change of ownership

    (1) Where a registered motor vehicle is traded to a new owner, a notification of such change of ownership shall be brought to the attention of the Registrar within seven days after the change.

    (2) Notification of change of ownership of the vehicle to the Registrar shall be made at the same time by both the old owner and the new owner.

    (3) Where the change is notified to the Registrar, he shall issue a new registration card in favour of the new owner and the old registration card surrendered to the Registrar for cancellation.

30.    Change of address

    Notwithstanding Regulation 29, any change in address of the owner or change of ownership be it from individual, joint, family ownership or otherwise, shall be notified to the Registrar by the person whose name appears on the registration card within seven days after the change.

31.    Change of condition, technical particulars, etc. of vehicle

    (1) The owner of the vehicle shall be under obligation to inform the Registrar of any change in the use of the vehicle.

    (2) Where change of the use of the vehicle resulted in the change of the conditions of the vehicle as regards to the model, engine and chassis numbers and other technical matters, the owner shall notify the Registrar accordingly.

PART VIII
DE-REGISTRATION (regs 32-34)

32.    De-registration of motor vehicle

    (1) De-registration of motor vehicle may be done upon application made in writing to the Registrar by the owner.

    (2) An application for de-registration shall be accompanied by a certificate that the vehicle:

    (a)    has been scrapped; or

    (b)    has been destroyed by fire or as a result of accident; or

    (c)    has been exported and is not likely be to re-imported; or

    (d)    was lost due to crime; or

    (e)    is no longer obliged to be registered.

33.    Conditions for de-registration

    (1) Notwithstanding Regulation 32, the Registrar may de-register a motor vehicle without application by the owner if he is satisfied that any particulars of the motor vehicle had been a subject of the events specified under Regulation 32(2), or is otherwise satisfied that any particular motor vehicle is beyond reasonable doubt to return to the road.

    (2) De-registration under this Regulation shall be done only when special circumstances exit requiring the keeping of the Register correct.

34.    Consequences of de-registration, reporting to police etc.

    (1) Upon de-registration, the Registrar shall enter both into the registration card and the register information to that effect.

    (2) De-registration shall wherever possible be done in the presence of the owner and verified by a police officer after which the owner shall return both the registration card and registration plates to the Registrar to enable him to effect necessary entries in the register.

    (3) Where the Registrar de-registers a motor vehicle in respect of which licence has not expired, he shall refund to the owner the balance of money sufficient to cover the period remaining before the motor vehicle licence expires.

    (4) The Registrar shall maintain a refund account.

PART IX
SPECIAL RULE FOR MOTOR VEHICLE DEALERS (regs 35-36)

35.    Motor vehicle dealers may apply for motor vehicle licence

    (1) Any person, being a motor vehicle dealer, may apply to the Registrar for registration of each motor vehicle kept by him.

    (2) Where application has been made to the Registrar in a prescribed form, the Registrar shall subject to any conditions as are provided for under section 12 of the Act, issue to such motor vehicle dealer a general certificate of registration in respect of all motor vehicles used by him.

    (3) The provisions of Regulations 7, 8 and 9 shall apply with necessary modifications in relation to the granting of application for registration by vehicle dealers.

    (4) The Registrar may cancel a general certificate of registration where he is satisfied that conditions in respect of which it was issued have ceased to exist or is being abused.

36.    Issue of foreign motor vehicle permit

    (1) Subject to these Regulations, the Commissioner for Customs and Excise may issue foreign motor vehicle permit in favour of any motor vehicle.

    (2) A foreign vehicle permit shall be issued for use of a newly imported motor vehicle pending the processing of application for registration.

    (3) The Registrar may make reference to the Commissioner for Customs and Excise in relation to a specific or general information relating to any motor vehicles or class of motor vehicles.

    (4) This regulation shall not apply to motor vehicles in transit.

PART X
SCRAPPING OF VEHICLES (reg 37)

37.    Scrapping of motor vehicles by motor vehicle scrappers

    (1) All de-registered motor vehicles shall be scrapped by authorised scrappers.

    (2) Every person, whose vehicle has been de-registered due to any of the reasons stipulated under Regulation 31 or due to any other reason, shall cause that vehicle to be scrapped.

PART XI
OFFENCES AND PENALTIES (regs 38-39)

38.    Offence and penalty for use of motor vehicle without registration

    Any person who uses or permits to be used a motor vehicle which has not been registered in accordance with the provisions of these Regulations or commits any of the offences stipulated under section 18 of the Act, shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or both such fine and imprisonment.

39.    Penalty for refusal, failure to comply with orders or directives

    (1) Every person who wilfully fails or refuses to comply with any lawful order or direction of the Registrar of Motor Vehicles and the failure to comply therewith is not an offence under any other provision of the Act or these Regulations, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

    (2) The powers to issue an order, direction or to impose penalty in pursuance of the provisions of these Regulations shall not be in derogation of the general powers invested by the Act on any person or authority to issue an order, direction or impose any duty or penalty to any person to whom the provisions of these Regulations relate.

PART XII
TRANSITIONAL PROVISIONS AND SAVINGS (regs 40-41)

40.    Transitional provisions

    Upon the coming into force of these Regulations, every person owning a motor vehicle and every dealer in motor vehicles shall, before the expiry of twelve months beginning on the date on which these Regulations come into force, make application to the Registrar for registration of motor vehicles in accordance with the provisions of these Regulations.

41.    Revocation and savings

    (1) The contents of Head C of the Second Schedule to the Part I of the Road Traffic Rules, 1957 which are inconsistent with the provisions of the Second Schedule to these Regulations are revoked to the extent of such inconsistency.

    (2) All orders, directions or other acts lawfully done under any of the Road Traffic (Registration of Motor Vehicles) Regulations * with regard to registration of motor vehicles shall be treated as though they have been issued or done under the provisions of these Regulations and shall continue in force until they are revoked, cancelled, varied or otherwise amended.

    (3) Every certificate of registration issued before the coming into force of these Regulations shall continue in force until such date as they shall expire or be replaced by a certificate of registration issued under these Regulations.

FIRST SCHEDULE
FORMS

FORM MV10
APPLICATION FOR REGISTRATION OF MOTOR VEHICLE

FORM MV20
APPLICATION FOR MOTOR VEHICLE TEMPORARY LICENCE

FORM MV30
APPLICATION FOR A MOTOR VEHICLE DE-REGISTRATION OR SUSPENSION OF LICENCE

FORM MV40
APPLICATION FOR DUPLICATE OF MOTOR VEHICLE

FORM MV50
MOTOR VEHICLE REGISTRATION CARD