CHAPTER 392
PETROLEUM (CONSERVATION) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Petroleum Rationing Regulations

      The Petroleum (Interim) Regulations

REGULATIONS

THE PETROLEUM RATIONING REGULATIONS

ARRANGEMENT OF REGULATIONS

   Regulation

Title

PART I
PRELIMINARY PROVISIONS

   1.   Citation.

   2.   Application.

   3.   Interpretation.

PART II
RATIONING OF GASOLINE WITHIN DAR-ES-SALAAM

   4.   Registration of vehicles at petrol stations.

   5.   Fuel ration cards.

   6.   Use of fuel ration cards.

   7.   Restriction on sale and purchase of gasoline.

   8.   Specification of quantity of gasoline.

   9.   Permit to purchase gasoline exceeding specified quantity.

   10.   Purchase of gasoline by diplomatic missions, etc.

   11.   Purchase of gasoline by institutions.

PART III
RESTRICTION ON SALE OF GASOLINE IN RURAL AREAS

   12.   Supply of gasoline to regions.

   13.   Duties of regional allocation committee in relation to gasoline.

   14.   Sale and purchase of gasoline.

PART IV
RESTRICTION ON DRIVING OF MOTOR VEHICLES

   15.   Prohibition on Sunday driving.

   16.   Exemption.

   17.   Driving permits.

   18.   Authorised officers.

   19.   Penalty.

PART V
MISCELLANEOUS PROVISIONS

   20.   Appointment of inspectors.

   21.   Delivery by marketing companies.

   22.   Gasoline not to be sold in containers.

   23.   Offences.

SCHEDULES

THE PETROLEUM RATIONING REGULATIONS

(Section 5)

G.Ns. Nos.
17 of 1982
150 of 1982

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1.   Citation

   These Regulations may be cited as the Petroleum Rationing Regulations.

2.   Application

   (1) Save as is provided in the following provisions of this Regulation, these Regulations shall apply throughout Mainland Tanzania.

   (2) The provisions of Part II of these Regulations shall apply only to Dar-es-Salaam region.

   (3) The provisions of Part III of these Regulations shall apply to regions other than Dar-es-Salaam region.

   (4) Without prejudice to paragraph (2), the Minister may, by notice published in the Gazette, provide for the application of the provisions of Part II of these Regulations to any other region or regions or any part or parts of any other region or regions in Tanzania and may, by that notice, modify, amend or vary any of the provisions of Part II for the purposes of its application to any area outside Dar es Salaam Region.

3.   Interpretation

   In these Regulations, unless the context otherwise requires–

   "appropriate station" means the petrol station at which a motor vehicle is, or motor vehicles owned by a category or body of persons are, registered for the purposes of purchasing gasoline for use in respect of the vehicle or vehicles;

   "authorised officer" means any of the officers designated as such and specified in the First Schedule to these Regulations, for the purposes of the provisions of Part IV;

   "driving permit" means a permit issued to a person to enable him to drive a motor vehicle in relation to which it is issued during any period when driving is prohibited;

   "fuel ration card" means the card issued under Regulation 5 for the purposes of these Regulations;

   "gasoline" means fuel obtained from petroleum and sold at petrol stations for use in motor vehicles;

   "marketing company" means the Agip (Tanzania) Limited, the BP Tanzania Limited, the Caltex Oil Tanzania Limited, the Esso Standard Tanzania Limited or the Total Tanzania Limited;

   "Ministry" means the Ministry whose portfolio includes responsibility for petroleum matters;

   "permit" means a permit issued under Regulation 9 to enable the holder to purchase gasoline above the specified quantity;

   "regional allocation committee" means the committee in each region established for the purposes of supervision and ensuring the fair and equitable distribution for sale within the region of scarce commodities;

   "regional capital" means the whole of the area of a town within a region which is the centre of government administration for the area of the region;

   "specified quantity" means the amount of gasoline which any person or body of persons may purchase in relation to one motor vehicle at any one time or within any period specified by the Minister in that behalf.

PART II
RATIONING OF GASOLINE WITHIN DAR-ES-SALAAM (regs 4-11)

4.   Registration of vehicles at petrol stations

   (1) No person shall purchase gasoline at a petrol station save one at which his motor vehicle is registered.

   (2) There shall be provided, kept and maintained by the management of each petrol station a register showing the registration numbers of all motor vehicles registered at that petrol station for the purposes of these Regulations.

   (3) There shall be entered in the register in respect of each vehicle registered under this Regulation–

   (a)   the name of the owner of the motor vehicle;

   (b)   the occupational and residential address of the owner of the motor vehicle;

   (c)   the specified quantity of gasoline which the owner is entitled to purchase in respect of the motor vehicle.

   (4) No motor vehicle shall be registered twice or more at one petrol station, and no motor vehicle shall be registered at more than one petrol station.

   (5) Where, for any reason it is necessary to register a motor vehicle at a petrol station other than one at which it is originally registered, the owner of the motor vehicle shall complete appropriate form and submit to the Ministry, from which the owner shall obtain a new fuel ration card for the purpose and surrender the original fuel ration card to the new appropriate station for cancellation.

5.   Fuel ration cards

   (1) The Ministry shall devise and cause to be printed and made available a document to be known as a "fuel ration card" for purchase by motor vehicle owners at such price or prices as the Minister shall determine.

   (2) Fuel ration cards shall be made available for purchase by owners of motor vehicles at appropriate stations and at such other places as may be prescribed by the Minister and made known to the public.

   (3) No owner of a motor vehicle shall purchase or hold more than one fuel ration card in respect of one motor vehicle.

   (4) A fuel ration card shall not be issued to any person in relation to any motor vehicle unless–

   (a)   the motor vehicle is actually driven up to the place where the fuel ration card is to be purchased;

   (b)   the intending purchaser produces for inspection–

      (i)    the original registration card;

      (ii)    the road licence; and

      (iii)   the insurance policy if any, in respect of the vehicle in relation to which the fuel ration card is to be purchased;

   (c)   the person issuing the fuel ration card is satisfied that there does not exist a valid fuel ration card in respect of the vehicle in question or that the intending purchaser has not withheld a valid fuel ration card issued by another appropriate station or other authority; and

   (d)   the intending purchaser has paid the full purchase price.

   (5) Where a fuel ration card is lost, stolen or otherwise missing, no new fuel ration card shall be issued in replacement until the owner of the motor vehicle in respect of which the fuel ration card is missing–

   (a)   produces sufficient proof of having reported the loss or theft to the police;

   (b)   produces a letter, certificate or other writing by the police indicating their satisfaction about the truth of the circumstances of the alleged loss or theft of the fuel ration card;

   (c)   where the place at which the card is sought to be bought is not the appropriate station in relation to the vehicle concerned, produces a letter or other evidence from a petrol station to the effect that it is the appropriate station in relation to the vehicle;

   (d)   pays the fee prescribed in respect of purchase of a fresh fuel ration card.

6.   Use of fuel ration cards

   (1) No petrol station shall sell any gasoline to any person unless that person produces a valid ration card in relation to the motor vehicle in respect of which he seeks to purchase the gasoline.

   (2) Whenever gasoline is sold to a person, there shall be entered appropriately in his fuel ration card before he leaves the appropriate station, the amount of gasoline sold to him.

   (3) No appropriate station shall sell to any person in respect of any motor vehicle any gasoline in excess of the specified quantity quoted in the fuel ration card.

   (4) Any person who fails or refuses to comply with the provisions of this Regulation commits an offence.

7.   Restriction on sale and purchase of gasoline

   (1) Subject to the provisions of these Regulations, gasoline shall not be sold to any person for use in any motor vehicle except at an appropriate station.

   (2) A petrol station shall sell gasoline for use in vehicle only in relation to which it is an appropriate station.

   (3) No gasoline shall be sold at any petrol station within Dar-es-Salaam region except on Mondays, Tuesdays, Wednesdays and Thursdays.

   (4) Notwithstanding paragraph (3), an appropriate station may sell diesel on any day of the week except Sunday.

   (5) Nothing in this Regulation or any provision of these Regulations shall be construed as affecting the sale or purchase of kerosene by or at any petrol station within Dar-es-Salaam Region, save that no petrol station shall sell any kerosene to any person on Sunday.

   (6) No petrol station shall on any day be open for the business of sale and purchase of gasoline between the hours of 9.00 p.m. and 6.00 a.m. of the following day.

   (7) The management of every petrol station shall cause to be properly kept and maintained by the Minister, showing particulars of–

   (a)   all sales of gasoline to motor vehicles in relation to which it is an appropriate station;

   (b)   all sales of gasoline to motor vehicles in relation to which it is not an appropriate station,

and shall, when required to do so, produce the records, or forward the copies of the records, for inspection by an authorised officer or other relevant authority.

   (8) For the purposes of paragraph (7), the expression "other relevant authority" means the Ministry, a marketing company, the Tanzania Petroleum Development Corporation or the Ministry responsible for finance.

8.   Specification of quantity of gasoline

   (1) The Minister may, by publication of an appropriate notice in any newspaper or newspapers circulating in Dar-es-Salaam region, or through any other means, specify the quantity of gasoline which any person or body or categories of persons may purchase at any one time or over such period as he may specify.

   (2) Whenever it is necessary that a person purchase gasoline in excess of the specified quantity for the purposes of a specific undertaking, that person shall make an application to the City Director in the prescribed manner and the City Director shall grant a permit to the applicant to enable him to purchase gasoline in that behalf.

9.   Permit to purchase gasoline exceeding specified quantity

   (1) When it is necessary or expedient that a person or body of persons, by reason of the nature of his or their business, purchase regularly gasoline exceeding the specified quantity, the Permanent Secretary to the Ministry may grant a permit in that behalf upon application being made to him–

   (a)   in the case of a parastatal organisation, by the organisation through, or with the recommendation of the parent Ministry;

   (b)   in the case of individuals, companies and partnerships, by the person or body of persons concerned.

   (2) The provisions of this Part shall not, prescribe the manner in which applications under this section shall be made to the City Director and to the Ministry.

10.   Purchase of gasoline by diplomatic missions, etc.

   (1) The Ministry shall designate one petrol station in Dar-es-Salaam region to be the appropriate station for the purpose of this Regulation.

   (2) The provisions of this Part shall not, subject to the following provisions of this Regulation, apply to the purchase by the sale of gasoline by the petrol station designated under paragraph (1) for selling gasoline to members of the diplomatic corps or to persons employed in the United Republic by organisation enjoying diplomatic immunity, where the gasoline is intended for use in relation to their motor vehicles.

   (3) Members of the diplomatic corps and person employed in the United Republic by organisations enjoying diplomatic immunity shall not purchase fuel ration cards but shall, instead, purchase gasoline only when they produce special gasoline cards purchased from or through the Ministry of Foreign Affairs.

   (4) Members of the diplomatic corps and persons employed in the United Republic by organisations enjoying diplomatic immunity shall purchase and pay for all the gasoline required by them by cheques drawn on their external accounts with the Foreign Branch of the National Bank of Commerce in Dar es Salaam.

11.   Purchase of gasoline by institutions

   (1) Where any person or body of persons maintains a private gasoline storage tank or takes direct delivery of gasoline from a marketing company, that person or body or persons shall–

   (a)   cause to be registered by the Ministry all his or its motor vehicles;

   (b)   purchase fuel ration cards from the Ministry in relation to all the motor vehicles;

   (c)   submit to the marketing company which supplies gasoline to him or them, a list of all the motor vehicles registered by the Ministry, indicating–

      (i)   the total number of fuel ration cards held; and

      (ii)   the quantity of gasoline specified in respect of each of those vehicles.

   (2) For the avoidance of doubt–

   (a)   every person or body of persons to whom this Regulation applies shall purchase, maintain and use fuel ration cards in respect of his or their motor vehicles in accordance with the provisions of Regulation 6;

   (b)   no marketing company shall supply to any person or body of persons to whom this Regulation applies, gasoline exceeding that required in relation to the motor vehicles enlisted pursuant to paragraph (1) of this Regulation.

   (3) Every person or body of persons to whom this Regulation applies shall ensure that the motor vehicles owned by him are not supplied with gasoline exceeding the specified quantity.

PART III
RESTRICTION ON SALE OF GASOLINE IN RURAL AREAS (regs 12-14)

12.   Supply of gasoline to regions

   (1) The Ministry shall specify the quantity of gasoline which shall be supplied every region in Tanzania within a specified period.

   (2) No marketing company shall supply to any region any gasoline exceeding the quantity specified under paragraph (1) or exceeding the part of that quantity in relation to which the marketing company is under contractual obligation to supply to any region.

13.   Duties of regional allocation committee in relation to gasoline

   (1) For the purposes of the business of regional allocation committees gasoline shall be a scarce commodity.

   (2) Every gasoline allocation committee shall submit to the Ministry, through the Prime Minister's Office, figures indicating the requirements of gasoline over certain periods by the region in respect of which the committee is established.

   (3) Every regional allocation committee shall, submit to the Ministry figures and statistics establishing actual use of gasoline in the region over certain periods of time.

   (4) In determining the quantity of gasoline to be supplied to a region the Ministry shall, in addition to any other necessary or relevant factors, take into account the figures and statistics submitted under paragraph (3) in relation to the region.

14.   Sale and purchase of gasoline

   (1) For the purposes of this Part "rural areas" means any area outside Dar es Salaam region.

   (2) No petrol station situated in rural areas shall on any day be open for the business of sale and purchase of gasoline between the hours of 9.00 p.m. and 6.00 a.m. of the following day.

   (3) No gasoline shall be sold at any petrol station within a regional capital in rural areas except on Mondays, Tuesdays, Wednesdays and Thursdays.

   (4) Nothing in this Regulation shall be construed as affecting the sale or purchase of gasoline on any day at any petrol station situated in rural areas fifteen kilometres from any regional capital.

PART IV
RESTRICTION ON DRIVING OF MOTOR VEHICLES (regs 15-19)

15.   Prohibition on Sunday driving

   (1) Subject to the following provisions of this Part, no person shall drive or cause or permit to be driven any motor vehicle on any road in Tanzania between the hours of 2.00 p.m. on any Sunday and 6.00 a.m. of the following Monday, except upon the express provisions of a permit granted pursuant to Regulation 17.

   (2) The Minister may, where in his opinion the public interest so demands, suspend the application of the provisions of paragraph (1) in relation to any Sunday or to Sundays within a specific period.

16.   Exemption

   The provisions of Regulation 15 shall not apply to any motor vehicle, or the owner or user of any motor vehicle, specified in the Second Schedule to these Regulations where the motor vehicle is being used for the purposes specified in that Schedule in relation to that motor vehicle.

17.   Driving permits

   (1) Subject to any directions given by the Minister, an authorised officer may, upon application in that behalf, issue to the applicant a driving permit in relation to a specified motor vehicle.

   (2) A driving permit shall be in such form and contain such particulars as the Minister may determine, and shall be valid for such period as may be specified in the permit.

18.   Authorised officers

   The police officers specified in the first column of the First Schedule to these Regulations are authorised to receive applications for and to use driving permits in the areas specified in the second column of that Schedule.

19.   Penalty

   Any person driving any motor vehicle on any road in Tanzania between the hours of 2.00 p.m. on Sunday and 6 a.m. of the following Monday, except upon the provisions of a permit granted pursuant to Regulation 17 commits an offence and on conviction is liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.

PART V
MISCELLANEOUS PROVISIONS (regs 20-23)

20.   Appointment of inspectors

   (1) For the purposes of these Regulations, the Minister shall appoint persons from among public officers to discharge the functions of inspectors in accordance with this Regulation.

   (2) It shall be the duty of every inspector to–

   (a)   make periodic and other checks to ensure the proper use of fuel ration cards;

   (b)   inspect records kept by petrol stations for the purposes of ensuring compliance by petrol stations with the provisions of these Regulations;

   (c)   secure the proper sale and purchase of gasoline by appropriate stations.

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21.   Delivery by marketing companies

   (1) Every marketing company shall, subject to any general or specific direction given by the Ministry deliver gasoline to petrol stations in such quantities and at such frequency as is sufficient or necessary to enable petrol stations to meet the requirements of customers in relation to whom they are appropriate stations.

   (2) Every marketing company shall keep and maintain proper records accurately reflecting the deliveries by it of gasoline to petrol stations.

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22.   Gasoline not to be sold in containers

   (1) Subject to paragraph (2), no petrol station shall sell any gasoline to any person where the gasoline is to be pumped into a container separate from the motor vehicle in respect of which the gasoline is sought to be purchased, and no person shall store any gasoline in any container in any premises.

   (2) A petrol station may sell gasoline into a container separate from a motor vehicle where the purchaser is a person holding a permit issued under Regulation 9; and such quantity of gasoline as is permitted under the permit issued to him.

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23.   Offences

   Any person who, wilfully and knowingly, sells–

   (a)   or causes or permits any gasoline to be sold to any person contrary to these Regulations;

   (b)   or permits any person to be provided on sale any gasoline exceeding the specified quantity;

   (c)   or causes to be sold any gasoline to any person without a fuel ration card, or at a petrol station other than an appropriate station,

commits an offence and on conviction is liable to a fine not exceeding three thousand shillings.

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FIRST SCHEDULE
AUTHORISED OFFICERS

(Regulation 18)

Officers Issuing Permits

Area

1.   The police officer in charge of traffic police in Tanzania

Dar es Salaam Region

2.   Every police officer commanding the police in the region other than Dar es Salaam region

1.   The Region for which he is commander of the police; and


2.   every Urban District within that Region.

3.   Every police officer commanding the police in the District other than an Urban District

   The District for which he is commander of the police.

SECOND SCHEDULE
MOTOR VEHICLES EXEMPTED FROM DRIVING BAN

(Regulation 16)

   1. Motor vehicles belonging to and being used for the purpose of a hospital, dispensary or clinic including those used for carrying their employees to or from their place of work.

   2. Motor vehicles being used by medical practitioners in the performance of their professional duties.

   3. Motor vehicles belonging to Air Tanzania Corporation, Tanzania Railways Corporation, Tanzania Posts and Telecommunications Corporation and Tanzania Harbours Authority and being used for the purpose of transporting goods or employees proceeding to or from work or, in the case of Air Tanzania Corporation, transporting passengers embarking on or disembarking from any aircraft.

   4. Motor vehicles belonging to the police force and being used in connection with police duties.

   5. Motor vehicles belonging to the Tanzania People's Defence Forces and being used for official duties.

   6. Motor vehicles other than pickups or landrovers, designed for the carriage of goods and being used for the transportation of goods in the ordinary course of the business of the owner.

   7. Motor vehicles being used for any purpose necessary for the construction or maintenance of–

   (a)   the Tanzania-Zambia railway;

   (b)   the Tanzania-Zambia pipeline;

   (c)   electrical installations, electricity generation and transmission systems being carried on by the Tanzania Electricity Supply Company, including the construction of Kidatu Dam; or

   (d)   any public water supply system.

   8. Public omnibuses licensed to carry passengers for hire or reward and plying on scheduled routes.

   9. Taxi-cabs licensed to carry passengers for hire or reward but not including rental vehicles used for hire on time basis.

   10. Buses, microbuses, including minibuses, being used for the transportation of public officers required to be on duty and from that duty.

   11. Motor vehicles belonging to a fire brigade and being used for purposes belonging to any local government authority used for the collection of garbage, maintenance of sewage system or other public work.

   12. Motor vehicles adapted for use in carrying coffins, biers or bearing the dead, and being used for a funeral or like purpose.

   13. Motor vehicles entering the United Republic from outside the United Republic and conveying the passengers in them to destinations within the United Republic.

   14. Motor vehicles being used for the carriage of persons requiring medical attention or treatment at any hospital, dispensary or clinic.

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