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- Is amended by Finance Act, 2005
- Is amended by Land Transport Regulatory Authority Act, 2019
- Is amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016
- Is amended by Written Laws (Miscellaneous Amendments) Act, 2009
Tanzania
Transport Licensing Act
Chapter 317
- Published in Tanzania Government Gazette
- Commenced on 1 July 1973
- [This is the version of this document as it was at 31 July 2002 to 30 June 2005.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Transport Licensing Act.2. Minister may suspend operation of provision of this Act
The Minister may, if he considers it expedient or desirable so to do, from time to time, by order in the Gazette suspend the operation of any or all of the provisions of this Act either as to Mainland Tanzania as a whole or as to any area or areas of Mainland Tanzania.3. Interpretation
Part II – Licensing authority (ss. 4-10)
4. Establishment of licensing authorities
5. Secretary
The Minister shall appoint a public officer to be the Secretary of the Authority.[s. 4A]6. Powers of licensing authority may be exercised by delegate
6A. Transfer of powers
7. Licensing authority may sit with assessors in certain cases
8. Licensing to be under hand of licensing authority
All licences granted under this Act shall be under the hand of one of the members of the licensing authority granting the same.[s. 7]9. Licensing authority to submit report
Every licensing authority shall submit to the Minister an annual report of the proceedings transacted by it.[s. 8]10. Liability for proceedings of licensing authority
Without prejudice to the provisions of section 284A of the Penal Code4 or the Public Officers (Recovery of Debts) Act5, neither a licensing authority nor any member, officer or servant of a licensing authority shall be personally liable for any act or default which is done or omitted to be done in good faith in the course of the proceedings of the licensing authority under the provisions of this Act.Part III – Licences (ss. 11-17)
11. Licensing of vehicles
12. Identification marks on vehicles used for business
A vehicle authorised either for carriage of passengers or for the carriage of goods for or in connection with any trade or business shall be identified by registered black identification marks on a white plate.[s. 10A]13. Classes of licences
14. Duration of licences
15. Licence not transferable without consent in writing of licensing authority
No licence shall be transferable except with the written consent of the licensing authority issuing the same or, in the case of an exclusive licence issued under the provisions of section 26, with the written consent of the Minister endorsed on such licence and such consent shall only be given where the licensing authority or the Minister, as the case may be, is satisfied that the licence which he is desired to transfer has been fully utilised during the period of three months immediately preceding the date of the proposed transfer.[s. 13]16. Protection of public interest
17. Consideration of licences
When considering an application for a licence, the licensing authority—Part IV – Procedure on application for licences (ss. 18-30)
A – Jurisdiction of licensing authorities (ss. 18-21)
18. Regional Licensing Authority
19. Central Licensing Authority
The jurisdiction to entertain, consider and determine, and grant or refuse to grant any licence under this Act other than a licence to which subsection (1) of section 18 applies shall vest in the Central Licensing Authority.[s. 17]20. Application to be accompanied by evidence of payment, or exemption from payment, of income tax, etc.
Every application for a licence under this Act shall be accompanied by documentary evidence or a written explanation satisfactory to the licensing authority regarding the payment or, as the case may be, exemption from payment, by the applicant of income tax or such other tax as the Minister may, by notice in the Gazette, specify for the purposes of this section.[s. 17A]21. Delegation
The Minister may, after consultation with the President, and by order in the Gazette, delegate to a Regional Licensing Authority the jurisdiction for the Central Licensing Authority or any other Regional Licensing Authority to entertain, consider and determine, and grant or refuse to grant any particular application for a licence or applications for any category of licences specified in such order.[s. 18]B – Goods vehicles licences (ss. 22-23)
22. Procedure on application for goods vehicle licences
23. Discretion of licensing authority to grant or refuse an application for a goods vehicle licence
A licensing authority shall subject to the provisions of this Act have full power in its discretion either to grant or to refuse an application for a goods vehicle licence, to grant a licence subject to such conditions as it may impose under this Act, or to grant a licence in respect of motor vehicles other than those of which particulars were contained in the application, or in respect of motor vehicles or trailers less in number than, or differing in types from, those for the use of which the application is made.[s. 20]C – Road service licences (ss. 24-26)
24. Procedure on application for road service licence
Every person applying for a road service licence shall submit to the licensing authority—25. Discretion of licensing authority to grant or refuse an application for a road service licence
26. Exclusive licences
D – General (ss. 27-30)
27. Licensing authority to give reasons for refusal of licence
In any case in which a licensing authority refuses to grant a licence, or grants a licence which differs from the licence applied for, or attaches conditions to which the applicant does not agree, the licensing authority shall, if requested by the applicant, state in writing the reasons for its decision.[s. 24]28. Licensing authority may require further particulars and may make inquiries and summon witnesses
29. Minister may give directions
The Minister may give to a licensing authority directions of a general or specific character as to the exercise and performance by the authority of its functions under this Act and the authority shall give effect to such directions.[s. 26]30. Licensing authority shall have regard to certain matters in exercising its discretion
In exercising its discretion a licensing authority shall have regard to the following matters—Part V – Conditions, variation, revocation and suspension of licences and penalty for non-compliance with conditions of licences (ss. 31-35)
31. Conditions of licences
32. Variation of licences
33. Revocation or suspension of licences by licensing authority
34. The Minister may revoke or suspend licence
35. Penalty for non-compliance with and exceptions to the conditions of licences
Part VI – Objections and appeals (ss. 36-39)
36. Reasons may be advanced opposing certain applications or variations of licences
37. Appeals
38. Procedure on appeal
39. Decision on appeal to be final
The decision of the Minister or, as the case may be, of a Regional Commissioner, on an appeal under section 37 shall be final and conclusive and shall not be subject to review by any court.Part VII – Licences to Co-operative Societies (s. 40)
40. Licences to be issued to Co-operative Societies
Part VIII – Offences and prosecutions (ss. 41-42)
41. Forgery of licences, etc.
42. Charging more than prescribed fare prohibited
Part IX – General provisions (ss. 43-51)
43. Financial provisions
All fees payable under this Act or any regulations made here under shall be paid into the general revenue of the United Republic.[s. 40]44. Fees
The Minister may prescribe fees payable in respect of the lodging of any objection under section 36, the grant or variation of licences, and in respect of appeals under section 37.[s. 41]45. General power of making regulations
The Minister may make regulations for any purpose for which regulations may be made under this Act and generally for the purpose of carrying this Act into effect and, in particular but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters—46. Power to stop and inspect vehicles
47. Powers to detain vehicles
48. Appearance by advocates
No advocate or legal practitioner shall be entitled to appear or act for any party in any proceedings under this Act before a licensing authority, and, except with the permission of the Minister or, as the case may be, the Regional Commissioner, no advocate or legal practitioner may appear or act for any party in any proceedings on an appeal under section 37.[s. 45]49. Subsequent application after refusal of licensing authority to grant licence
Notwithstanding anything in this Act contained, where an application has been or is made by any person for a licence under the provisions of this Act and has been refused, and if an appeal is made such appeal has been dismissed, no subsequent application made by the same person for a similar licence shall, except with the consent of the licensing authority which shall not be unreasonably withheld, be entertained or adjudicated upon by the licensing authority until a period of twelve months from the date of that application has expired.[s. 46]50. Certain provisions of Road Traffic Act not to apply
The provisions of section 32 of the Road Traffic Act9 shall not apply to any vehicle to which the Act applies.[s. 47]51. Repeal of R.L. Cap. 373
[Repeal of the Transport Licensing Ordinance with savings.][s. 48]History of this document
29 April 2019 amendment not yet applied
18 November 2016 amendment not yet applied
20 March 2009 amendment not yet applied
01 July 2005 amendment not yet applied
Amended by
Finance Act, 2005
31 July 2002 this version
Consolidation
01 July 1973
Commenced
Cited documents 5
Act 5
1. | Road Traffic Act | 242 citations |
2. | Public Officers (Recovery of Debts) Act | 49 citations |
3. | Co-operative Societies Act | 29 citations |
4. | Export Processing Zones Act | 29 citations |
5. | Tanzania Posts Corporation Act | 9 citations |
Documents citing this one 25
Judgment 9
Act 7
1. | Road Traffic Act | 242 citations |
2. | Regional Administration Act | 12 citations |
3. | Surface and Marine Transport Regulatory Authority Act | 12 citations |
4. | Land Transport Regulatory Authority Act, 2019 | 11 citations |
5. | Tourists Agents (Licensing) Act | 6 citations |
6. | Production Development Funds Act | 2 citations |
7. | Inland Water Transport Act |
Gazette 6
Government Notice 2
1. | Transport Licensing (Appeals) Regulations, 1966 | |
2. | Transport Licensing (Road Service Vehicles) (Prescribed Conditions) Regulations, 1970 |
Law Reform Report 1
1. | Road Traffic Law |