CHAPTER 317
TRANSPORT LICENSING ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The Transport Licensing (Delegation of Powers) Notice

   ORDERS

      The Transport Licensing (Road Service Vehicles) (Conditions as to Fares, etc.) Order

   REGULATIONS

      The Transport Licensing (Road Service Vehicles) (Prescribed Conditions) Regulations

      The Transport Licensing Regulations

      The Transport Licensing (Prescribed Conditions) (Public Carriers' Licences) Regulations

      The Transport Licensing (Appeals) Regulations

      The Transport Licensing (Fees) Regulations

NOTICES

THE TRANSPORT LICENSING (DELEGATION OF POWERS) NOTICE

(Section 5)

G.Ns. Nos.
136 of 1957
5 of 1960
582 of 1963

   1. This Notice may be cited as the Transport Licensing (Delegation of Powers) Notice.

   2. The power to grant private carrier's licences under section 11 of the Transport Licensing Act is hereby delegated to the following–

      Internal Revenue Officer:

         Arusha

         Bukoba

         Dar es Salaam

         Dodoma

         Iringa

         Kigoma

         Lindi

         Mbeya

         Morogoro

         Moshi

         Mtwara

         Musoma

         Mwanza

         Shinyanga

         Tabora

         Tanga

         Ufipa

ORDERS

THE TRANSPORT LICENSING (ROAD SERVICE VEHICLES) (CONDITIONS AS TO FARES, ETC.) ORDER

(Section 31(3))

G.N. No. 92 of 1970

   1. This Order may be cited as the Transport Licensing (Road Service Vehicles) (Conditions as to Fares, etc.) Order.

   2. This Order shall apply only to the following operators–

   (1) National Transport Corporation (formerly D.M.T.).

   (2) Tanganyika Bus Service, P.O. Box 190, Mwanza.

   (3) United Bus Service, P.O. Box 49, Musoma.

   (4) Musoma Bus Service, P.O. Box 50, Musoma.

   (5) West Lake Service, P.O. Box 281, Bukoba.

   (6) Bukoba Bus Service, P.O. Box 137, Bukoba.

   (7) Tanganyika Transport Co. (1964), P.O. Box 645, Dar es Salaam.

   (8) Tanga African Motor Transport, P.O. Box 2065, Tanga.

   (9) Coastal Transport (E.A.) Ltd., P.O. Box 2082, Tanga.

   (10) Central Region Co-operative Union Limited, P.O. Box 271, Dodoma.

   (11) Hasham Suleman Ltd., P.O. Box 133, Tanga.

   (12) Coastal Regional Transport Co-operative Society Ltd., Dar es Salaam.

   (13) United Touring Co., P.O. Box 3173, Arusha.

   (14) East African Road Services Ltd., Nairobi.

   (15) A. D. Sumar, P.O. Box 119, Tabora.

   (16) Nzega Bus Service, P.O. Box 77, Tabora.

   (17) Gosai Transport Service, P.O. Box 12, Kahama.

   (18) African Bus Service, P.O. Box 932, Mwanza

   (19) Tanzania Transport Bus Service, P.O. Box 775, Moshi.

   (20) Magoma Rugamba, P.O. Box 6, Geita.

   3. There shall be deemed to be attached to every road service licence and to an operator to whom this Order applies, the following conditions–

   (a)   that the holder of the licence shall in the event of the vehicle being unable to undertake or continue a journey immediately provide alternative transport for the passengers holding tickets for a journey in that vehicle;

   (b)   that in the event of the holder of a road service licence failing to comply with the condition specified in paragraph (a) within eight hours of the time that the vehicle was scheduled to depart, every passenger issued with a ticket for travelling on that vehicle shall be entitled to be refunded the full fare paid by him unless the passenger voluntarily agrees to travel by a vehicle departing at a later hour;

   (c)   that the holder of a road service licence shall allow–

      (i)   every adult passenger a free baggage allowance of twenty kilogrammes;

      (ii)   every passenger under the apparent age of eighteen years a free baggage allowance of ten kilogrammes;

   (d)   that in the event of a passenger carrying baggage in excess of the free baggage allowance to which he may be entitled, it shall be lawful for the holder of the road service licence to charge such passenger in respect of each kilogramme (or part thereof) of the baggage in excess of the free baggage allowance a fee of four cents;

   (e)   that where a passenger cancels a booking not later than twenty-four hours before the time that the vehicle is scheduled to depart, he shall be entitled to a refund of the full fare paid by him;

   (f)   that where a passenger cancels a booking at a time later than twenty-four hours prior to the scheduled departure of the vehicle, he shall be entitled to a refund of the full fare paid by him less ten per centum of that fare.

REGULATIONS

THE TRANSPORT LICENSING (ROAD SERVICE VEHICLES) (PRESCRIBED CONDITIONS) REGULATIONS

(Section 45)

G.Ns. Nos.
89 of 1970
197 of 1972

   1. These Regulations may be cited as the Transport Licensing (Road Service Vehicles) (Prescribed Conditions) Regulations.

   2. The following conditions in relation to road service licences are hereby prescribed for the purpose of paragraph (e) of subsection (2) of section 28 of the Transport Licensing Act *

   (a)   a condition that where any person tenders a Government warrant issued by an authorised officer, the holder of the road service licence or any person employed by him to whom such warrant is tendered, shall accept the same as sufficient security that the amount of the fare specified in the warrant or that the fare for the journey specified in the warrant shall be paid by the Government;

   (b)   a condition that the holder of a road service licence shall issue every passenger with a ticket or other document specifying the amount of the fare paid for the journey, and the ticket or document shall be delivered to the passenger;

   (c)   a condition that every person who is under the apparent age of sixteen years but over the apparent age of three years, shall be entitled to travel at a reduced fare equivalent to one half of the full fare chargeable in respect of an adult for the same journey;

   (d)   a condition that every child under the apparent age of three years, if accompanied by an adult shall be entitled to travel free of charge, and if not accompanied by an adult shall be entitled to travel at the reduced fare provided for in paragraph (c) above;

   (e)   a condition that every holder of a road service licence shall provide free porterage service at every terminus and every station;

   (f)   a condition that in the event of any loss of or damage to a passenger's baggage the holder of the licence shall be responsible for such loss or damage:

         Provided that this condition shall not apply to any hand baggage or other article carried by the passenger himself inside the vehicle.

THE TRANSPORT LICENSING REGULATIONS

(Section 45)

G.Ns. Nos.
83 of 1957
267 of 1957
55 of 1957
275 of 1963

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Citation

   These Regulations may be cited as the Transport Licensing Regulations.

2.   Interpretation

   In these Regulations unless the context otherwise requires–

   "Act" means the Transport Licensing Act;

   "application" means an application for a licence and includes an application for the variation of a licence;

   "authorisation" means the authorisation required under regulation to be displayed on a vehicle;

   "issuing officer" means any person to whom the power to grant a private carrier's licence has been delegated under section 5 of the Act.

PART II
APPLICATION (regs 3-5)

3.   Form of application

   Every application shall be in the appropriate form set out in the First Schedule hereto, and shall contain the information required thereon.

4.   Procedure on application

   (1) Every application other than an application for the grant of a private carrier's licence shall be made to the licensing authority.

   (2) Every application for the grant of a private carrier's licence shall be made to the issuing officer of the area within the area within or from which the vehicle or vehicles in question are intended to be ordinarily operated.

   (3) Where a person wishes to take out a licence of another kind in respect of a vehicle or vehicles for which he holds an existing licence he shall together with his application for such other licence transmit the existing licence to the licensing authority so that the licensing authority may, if the other licence is granted, vary the existing licence in accordance with the provisions of subsection (3) of section 29 of the Act.

5.   Time of application

   Subject to the provisions of sections 27 and 28 of the Act an application may be made at any time.

PART III
OPPOSITION TO APPLICATIONS (regs 6-10)

6.   Notification of certain applications

   (1) The licensing authority shall give notification of every application received by it, to which section 33 of the Act applies, by notice in the Gazette.

   (2) There shall be specified in the notice the name and address of the applicant and the time within which and the manner in which reasons may be advanced opposing the grant of the application.

   (3) The licensing authority shall as occasion may require give further notification by notice in the Gazette of the date, which shall not, unless the licensing authority for special reasons otherwise determines, be within fourteen days of the date of publication of the notice required to be given under subregulation (1) of this regulation on which and the place at which it proposes to hold public sittings and the applications which it proposes to hear at those sittings.

7.   Reasons against applications

   (1) Any person entitled under the Act to advance reasons opposing any application to which section 33 of the Act applies and wishing so to do shall give notice in writing to the licensing authority of his reasons so as to reach the licensing authority not later than fourteen days after the date of publication in the Gazette of the notification of the application.

   (2) The notice under subregulation (1) shall be in the English or Kiswahili language, shall set out the grounds for his reasons and shall be in the form set out in the Second Schedule.

   (3) A copy of every such notice shall be sent by the person advancing the reasons to the applicant at the same time as it is sent to the licensing authority.

8.   Public sittings

   (1) The licensing authority shall hold a public sitting for the purpose of hearing any application to which section 33 of the Act applies in respect of which notice of reasons opposing the application has been given by a person entitled so to do.

   (2) At the public sitting an applicant or person advancing reasons opposing the application may appear and be heard either in person or, with the leave of the licensing authority, by an advocate or by any other person authorised in writing to appear on his behalf.

   (3) The attendance of any witness at a public sitting shall be enforced by a notice in the form set out in the Third Schedule.

9.   Discretion of licensing authority to make inquiries, etc.

   (1) Subject to the provisions of subregulation (2), the licensing authority may in its discretion–

   (a)   consider any reasons advanced opposing an application notwithstanding that the requirements of regulation 7 have not been complied with;

   (b)   hear and consider any reasons or representations which may be advanced at a public sitting; and

   (c)   make such inquiries and obtain such information as it may consider necessary for the purpose of reaching its decision.

   (2) Nothing in paragraphs (a) or (b) of subregulation (1) shall entitle the licensing authority to consider any reasons advanced after the conclusion of the public sitting.

10.   Decision of licensing authority

   At the conclusion of every public sitting the licensing authority shall either–

   (a)   announce its decision; or

   (b)   reserve its decision, in which case it shall notify the parties of its decision as soon as possible after the making thereof.

PART IV
LICENCES (regs 11-12)

11.   Issue of licences

   (1) A licence, together with an authorisation for each vehicle to which the licence relates, shall, subject to the provisions of this regulation, be issued to every applicant whose application has been approved by the licensing authority, upon payment of the prescribed fees.

   (2) Every applicant whose application has been granted by the licensing authority shall within ninety days of the notification to him of the grant transmit the registration number or numbers of the vehicle or vehicles to be licensed, if they are not already included in the application form, and the other information which is required by the licensing authority and which is necessary to enable the licence to be issued in accordance with the provisions of the Act and these Regulations.

   (3) Every applicant whose application has been granted by the licensing authority shall within thirty days of being called upon so to do remit the appropriate fees to the Revenue Officer specified by the licensing authority.

   (4) The licensing authority may grant a licence in respect of an application which has been granted notwithstanding that the applicant has failed to comply with the requirements of subregulations (2) and (3) of this regulation within the period specified therein, if it appears to the licensing authority that there are good reasons for the failure.

   (5) No licence shall be issued by the licensing authority until the period of time within which any person aggrieved by the decision of the licensing authority on the application may give notice of appeal to the Appeal Tribunal or, where such notice has been given, until the appeal has been dismissed.

12.   Form of licence

   (1) Every licence shall be in the appropriate form set out in the Fourth Schedule.

   (2) Subject to the provisions of the next succeeding subregulation notification of every grant of a licence, every variation of a licence and every revocation or suspension of a licence shall be given by the licensing authority by notice in the Gazette.

   (3) Subregulation (2) of this regulation shall not apply to the grant, variation, revocation or suspension of a private carrier's licence.

PART V
GENERAL PROVISIONS (regs 13-23)

13.   Expenses of assessors

   Where the licensing authority sits with any assessors there shall be paid to the assessors by way of reimbursement of their expenses the sums as the licensing authority shall deem reasonable.

14.   Loss or destruction of licence, etc.

   (1) If any licence or authorisation has during the currency thereof been lost, destroyed or defaced the holder shall forthwith notify the licensing authority who shall, if satisfied that it has been so lost, destroyed or defaced, cause a duplicate copy so marked to be issued to the holder upon payment of the prescribed fee.

   (2) In the case of any licence or authorisation which has been defaced the licensing authority shall, before issuing or causing to be issued a duplicate, obtain the return of the defaced original.

   (3) Where a licence or authorisation which has been lost is recovered after a duplicate in respect thereof has been issued the original shall be returned forthwith to the licensing authority by the holder thereof and no refund of any fee paid for the issue of the duplicate shall be made.

15.   Disposal of vehicle

   (1) If during the currency of a licence the holder thereof disposes by any means any vehicle to which the licence relates or otherwise ceases to be the owner of that vehicle, he shall within seven days notify the licensing authority and shall return the authorisation relating to the vehicle to the licensing authority together with any other documents called for by the licensing authority.

   (2) If a licence is revoked or suspended under the Act the holder thereof shall within seven days after a notice to that effect has been received by him deliver the licence and any authorisations to which that licence relates to the licensing authority for cancellation or for retention during the period of suspension, as the case may be, and in the case of the suspension of any licence the licensing authority shall return the licence and any authorisations to which it relates after the expiration of the period of suspension.

16.   Death and incapacity, etc., of licence holder

   Where owing to the death, incapacity, bankruptcy or liquidation of the holder of a licence or to the appointment of a receiver or manager in relation to his business, the holder ceases to be the user of the vehicles authorised to be used by him under the licence, the person carrying on the business of the holder shall be deemed to be the holder of the licence if–

   (a)   within fourteen days thereafter notice that the holder has ceased to be the user of those vehicles and the reason therefor, and the name of the person by whom the business is being carried on, be sent to the licensing authority; and

   (b)   within one month after the sending of the notice an application for a new licence be duly made:

         Provided that the period during which such person shall be deemed to be the holder of the licence shall in no case extend beyond the date on which the licence would have expired but for the occurrence of the said event and shall terminate immediately the application is disposed of.

17.   Authorisations

   (1) While any motor vehicle is used under a licence the owner of that vehicle shall cause the appropriate authorisation to be prominently displayed upon the vehicle.

   (2) The authorisation shall be in the appropriate form set out in the Fifth Schedule.

   (3) While a vehicle is being used under a road service licence or a public carrier's licence there shall be displayed on that vehicle, in addition to an authorisation, a copy of the conditions of the road service licence or public carrier's licence, as the case may be.

   (4) Every authorisation and every copy of the conditions of licence required to be displayed under this regulation shall be kept in a clean and eligible condition.

   (5) The provisions of subregulation (1) of this regulation shall not apply to any vehicle where the authorisation relating to such vehicle has been forwarded to the licensing authority under the provisions of the Act or of these regulations or upon the written instructions of the licensing authority.

   (6) The provisions of subregulation (3) of this regulation shall not apply to any vehicle where the copy of the conditions of the road service licence or public carrier's licence has been forwarded to the licensing authority under the provisions of the Act or of these regulations or upon the written instructions of the licensing authority.

18.   Issue of authorisation

   (1) On the grant of every licence there shall be issued to the holder thereof an authorisation in respect of every vehicle, the registration number of which is specified in such licence.

   (2) Where the holder of any licence wishes to use under that licence any vehicle the use of which is authorised under that licence by paragraph (b) of subsection (5) of section 11 of the Act, such vehicle not being a vehicle the registration number of which is specified in that licence, he may apply either in person or by letter for an authorisation in respect of that vehicle–

   (a)   where the licence is a private carrier's licence, to the issuing officer who issued the same; or

   (b)   where the licence is a road service or public carrier's licence, to the licensing authority,

and the issuing officer or the licensing authority, as the case may be, shall, if satisfied that the use of the vehicle is authorised under such licence, grant such authorisation.

19.   Endorsement of extended area on private carrier's licence

   (1) An application for endorsement on a private carrier's licence of an extended area shall be made to the licensing authority and shall state the grounds (being grounds contained in the proviso to subsection (3) of section 11 of the Act) on which the application is made and every application shall be accompanied by the licence in respect of which it is made and where such endorsement is granted the additional area or route, as the case may be, shall be endorsed on the licence, and the licence shall be returned to the holder together with a recognition disc for each vehicle on the licence authorised for the extended area or route.

   (2) The recognition disc shall be in the form set out in the Sixth Schedule.

   (3) Where a vehicle has been licensed as a private carrier for an extended area it shall not be used on any road in that area unless the recognition disc is prominently displayed on the windscreen of the vehicle adjacent to the authorisation issued under regulations 11 and 18.

   (4) Every recognition disc required to be displayed shall be kept in a clean and legible condition.

20.   Holder to notify change of the address

   If during the currency of a licence the holder thereof permanently changes his postal address he shall within fourteen days notify the licensing authority accordingly.

21.   Log book

   (1) Every holder of a licence shall cause to be maintained a log book, divided into periods of twenty-four consecutive hours, in respect of every vehicle to which the licence relates and that log book shall be kept at the main office or place of business of the holder.

   (2) There shall be recorded in every log book entries showing–

   (a)   the nature and distance in miles of every journey over twenty-five miles and the route taken;

   (b)   the name of the driver; and

   (c)   the times of the commencement and completion of the journey, relating to every period of twenty-four consecutive hours.

   (3) An entry shall be made in the log book whenever the vehicle is serviced or whenever the vehicle undergoes any major repairs.

   (4) Every log book shall be produced for inspection on demand by a police officer or any member of the licensing authority.

22.   Form of notice under s. 11(6)

   The form of notice referred to in subsection (6) of section 11 of the Act shall be as set out in the Sixth Schedule.

23.   Offences and penalties

   Where–

   (a)   the holder of any licence fails to comply with the provisions of regulation 15; or

   (b)   a motor vehicle is used under a licence in contravention of regulation 17; or

   (c)   the provisions of regulation 21 are not complied with,

the holder and, in the case of any contravention of regulation 17, the driver of the vehicle, commits an offence and is liable on conviction to a fine not exceeding shillings one thousand.

FIRST SCHEDULE

(Regulation 3)

TLA./1
APPLICATION FOR A ROAD SERVICE LICENCE

(i.e. for carriage of Passengers)

TANZANIA

THE TRANSPORT LICENSING ACT (CAP. 317)

To:   THE TRANSPORT LICENSING AUTHORITY,
P.O. Box 1910,
DAR ES SALAAM.

A. - PARTICULARS OF APPLICANT.

   1.   Name(s) in full ....................................................................................................
(BLOCK LETTERS)

   2.   Postal Address ..................................................................................................
..........................................................................................................................

   3.   Does the Applicant carry on any business other than transport?
Yes/No. .................................

      If so, state–

      (a)   Nature of business(es) .................................................................................

      (b)   Address(es) of business premises (including all branches) ...............................
...................................................................................................................
...................................................................................................................

      (c)   Is Applicant the holder of a licence under the Business Licensing Act? *
.......... Yes/No. If so, state class of licence ......................... and where issued
..................................................................................................................

   4.   Does the Applicant hold or has he previously held a T.L.A. Licence? ........................
Yes/No. If so, state number .................. and date of issue .....................................

B. - PARTICULARS OF SERVICE FOR WHICH LICENCE IS SOUGHT.

   1.   Route(s) from .....................................................................................................

      to ......................................................................................................................

      passing through ..................................................................................................
...........................................................................................................................
...........................................................................................................................

   2.   Number of vehicles to be used ..............................................................................
(Where known, particulars of vehicles to be entered on Schedule overleaf.)

   3.   Timetable and fares proposed to be shown on page 4 of this application form.

   4.   Reason for application, and any other relevant details ..............................................
...........................................................................................................................

      I/We hereby apply for a Road Service Licence in respect of the (routes) described above and of the vehicles described in the Schedule; and I/we hereby declare that to the best of my/our knowledge and belief all the statements in this application and in the Schedule are true.

   Date .......................................... Signature .........................................................

Reg. No. of Vehicle (where known)

Type and make

Weight unladen

Carrying capacity (No. of Passengers)

.................................

..................................

........................

.................................

.................................

..................................

........................

.................................

.................................

..................................

........................

.................................

.................................

..................................

........................

.................................

N.B. No money should be sent with this application.


TIMETABLE


FARE TABLE

TLA./2
APPLICATION FOR A PUBLIC CARRIER'S LICENCE

(i.e. for carriage of goods only)

TANZANIA

THE TRANSPORT LICENSING ACT (CAP. 317)

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