CHAPTER 163
MOTOR VEHICLE DRIVING SCHOOLS (LICENSING) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Motor Vehicle Driving Schools (General) Regulations

REGULATIONS

THE MOTOR VEHICLE DRIVING SCHOOLS (GENERAL) REGULATIONS

(Sections 3, 4 and 5)

[1st July, 1966]

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

PART I
PRELIMINARY (regs 1-2)

1.   Title and commencement

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

2.   Interpretation

   In these Regulations, unless the context otherwise requires–

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

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

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

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

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

   "driving instructor" means a person giving driving instruction;

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

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

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

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

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

   "Registrar" means the registrar of driving schools;

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

PART II
LICENSING OF PROPRIETORS (regs 3-11)

3.   Appointment of Registrar

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

4.   Licensing authority

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

5.   Application Form 1

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

6.   Qualifications

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

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

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

7.   Form of licence

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

8.   Duration of licence

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

9.   Limited validity of a licence

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

10.   Revocation and suspension of proprietor's licence

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

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

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

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

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

11.   The proprietor to notify the licensing authority of address

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

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

PART III
DRIVING INSTRUCTORS (regs 12-25)

12.   Qualifications

   No person shall be registered as a driving instructor unless–

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

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

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

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

13.   Examining Officer

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

14.   Test

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

15.   Details of test

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

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

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

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

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

16.   Certificate of competence

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

17.   Application for registration

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

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

      (i)   the applicant's driving licence;

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

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