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Magogoni Ferry Regulations, 1952

Government Notice 275 of 1952

Magogoni Ferry Regulations, 1952
This is the latest version of this Government Notice.
Citation
Government Notice 275 of 1952
Primary work
Ferries Act
Date
31 July 2002
Language
English
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Tanzania
Ferries Act

Magogoni Ferry Regulations, 1952

Government Notice 275 of 1952

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [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.]
[G.N.s Nos. 275 of 1952; 234 of 1953; 22 of 1957; 38 of 1968; 185 of 1993; 229 of 1994]

1.

These Regulations may be cited as the Magogoni Ferry Regulations.

2. Definitions

In these Regulations, unless the context otherwise, requires—"approved" means approved by the Minister;"collector" means the person appointed by the licensee to be in charge of the operation of the ferry service and to collect toll fees and includes any officer of the licensee in authority over him;"coxswain" means the person appointed by the licensee to control a ferry;"ferry" means any ferry boat or combination of ferry boats used in operating the ferry service;"ferry boat" means any motor launch, floating vessel or pontoon used in operating the ferry service;"Harbour Master" means the Harbour Master of Dar es Salaam Harbour;"licensee" means the person licensed under the Ferries Act to ply for hire on the public ferry, commonly known as the "Magogoni Ferry" between Azania Front and East Ferry Point, Dar es Salaam;"Magogoni Ferry" means the public ferry between Kivukoni Front and East Ferry Point, Dar es Salaam;"Port Manager" means the Port Manager of the Port of Dar es Salaam;"toll fees" means the fees prescribed in the Schedule to these Regulations.

3.

The ferry service shall be operated by the licensee by means of a ferry consisting of ferry boats which shall be a pontoon in tow of a motor launch or a motor launch without such pontoon as the circumstances of the traffic crossing the ferry may from time to time demand or such other form of craft as may be approved.

4.

(1)No ferry boat shall be used for the operation of the ferry service until such ferry boat has been approved for such use.
(2)Every approval given in pursuance of the provisions of paragraph (1) of this regulation shall be in writing and shall specify the maximum load which may be carried on the ferry boat to which such approval relates and shall also specify the life saving and fire extinguishing apparatus to be carried thereon.
(3)There shall be exhibited by the licensee in a conspicuous place on every ferry boat a notice in English and a notice in Kiswahili denoting the maximum load specified for such ferry boat under the provisions of paragraph (2) of this regulation.
(4)Every ferry boat shall carry thereon in serviceable condition the life saving and fire extinguishing apparatus specified therefor under the provisions of paragraph (2) of this regulation.
(5)No person shall cause or permit a load in excess of the maximum load specified therefor under the provisions of paragraph (2) of this regulation to be on any ferry boat.

5.

(1)The coxswain shall be responsible for the control of traffic embarking on a ferry or disembarking therefrom.
(2)All passengers, cattle and vehicles or other cargo shall be taken on and landed at the ramps provided for that purpose on each side of the ferry crossing and when being so taken on or landed any ferry boat then being used shall be secured to such ramps.
(3)Every passenger embarking on or disembarking from a ferry shall obey all such reasonable directions as the coxswain thereof may think fit to give.

6.

(1)A ferry while under way shall at all times be under the control of the coxswain thereof.
(2)Every passenger while on a ferry shall obey all such reasonable directions as the coxswain thereof may think fit to give.

7.

(1)Every ferry boat used for carrying vehicles shall be equipped at each end thereof with a removable barrier.
(2)The barriers under subregulation (1) shall be of a type and strength sufficient when in position to prevent any vehicle from leaving such ferry boat.
(3)The barrier at the seaward end shall be in position when any vehicle is being loaded on such ferry boat and both barriers shall be in position while such ferry boat is under way.

8.

The coxswain of a ferry shall keep such ferry clear of all vessels navigating the harbour entrance and shall at all times carry out any lawful direction given by the Port Manager or Harbour Master or any pilot in the employment of the Tanzania Railways Corporation and Tanzania Harbours Authority.

9.

(1)The licensee shall operate daily1—1G.N. No. 38 of 1968
(a)a full ferry service at reasonable intervals between 5.30 a.m. and 10 p.m.; and
(b)a restricted ferry service thereafter,
by using one or more ferries for the purpose of carrying passengers and motor-vehicles.
(2)Nothing in subregulation (1) shall be interpreted so as to prohibit the licensee from operating the full ferry service, whenever he considers it appropriate to do so, outside the hours prescribed in paragraph (a) of that subregulation.

10.

If a passenger on the ferry service with intent to defraud the licensee—
(a)refuses to pay the appropriate toll fee and any special toll which may be exigible; or
(b)leaves or attempts to leave a ferry without paying the appropriate toll fee and any special toll which may be exigible,
commits an offence under these Regulations.

11.

Any person who—
(a)is in a state of intoxication or behaves in a violent or offensive manner to the annoyance of others on a ferry;
(b)does anything which may cause injury to persons employed or travelling on the ferry service;
(c)without lawful authority operates the ferry service or moves or sets adrift or otherwise causes damage to any ferry boat or causes damage to landing places, approaches or ramps maintained in connection with the ferry service;
(d)disobeys while embarking on or disembarking from a ferry the reasonable directions of the coxswain thereof;
(e)commits any nuisance or uses profane, obscene, indecent or abusive language on a ferry;
(f)wilfully removes, alters, destroys or damages any ferry boat, gate, tow-bar, table of charges, gear, tackle, landing place, approach, ramp or other thing maintained in connection with the ferry service;
(g)boards or places anything on a ferry after being warned by the collector that the ferry already contains its maximum load,
commits an offence under these Regulations and it shall be lawful for the collector, coxswain or a Police Officer forcibly to remove such person from the ferry on which he may have embarked.

12.

(1)The toll fees specified in the Schedule to these Regulations shall be payable on demand to the collector.
(2)It shall be lawful for the collector to refuse to carry on the ferry any person or the cattle, vehicle or other property of any person unless such person shall have paid the appropriate toll fee and where exigible the appropriate special toll before entering or embarking his cattle, vehicle or other property on the ferry.

13.

Except in the case mentioned in paragraph (a) of Regulation 10 and the cases mentioned in regulations 11 and 12, the collector may not refuse to accept any passenger or any cargo of the kind specified in the Schedule to these Regulations.

14.

(1)If any person in charge of any shore boat or other small craft shall cause or permit such boat or craft to lie alongside the ferry landings so as to cause obstruction to the working of the ferry, he commits an offence under these Regulations.
(2)No person shall use the ferry landings or ramps for any purpose not connected with the ferry service without the permission of the Minister.
(3)If any person shall cause or permit any water-borne craft of any description when proceeding past the ferry ramps to travel at a speed which shall cause risk or accident to passengers or property at or on the ramps, or risk to the safe working of the ferry service, commits an offence under these Regulations.

15.

Every ferry boat when under way and whether in tow or otherwise shall exhibit the ordinary lights prescribed under the Dar es Salaam Port Rules or any rules or regulations amending or replacing the same for the time being in force.

16.

The collector shall be responsible for the regularity of the ferry service.

17.

Any passenger, other than the driver of the vehicle, who remains in a vehicle while it is on the ferry or either of the ramps thereof commits an offence under these Regulations.

18.

Any driver of a vehicle who fails to engage the first or lowest gear of such vehicle while such vehicle is being driven upon the ferry or upon either of the ramps thereof commits an offence under these Regulations.

19.

(1)Any passenger other than the driver of a vehicle who embarks on to the ferry before all vehicles have embarked thereon commits an offence under these Regulations.
(2)Any driver of a vehicle who causes such vehicle to be disembarked from the ferry before all passengers other than the drivers of vehicles have disembarked therefrom shall be guilty of an offence against these Regulations.

Schedule

Toll fees

 Shs.
1.Passengers:
 (a)Children20/=
(b)Adults50/=
(c)Bicycles, Motorcycles70/=
(d)Motorcycle70/=
(e)Cattle/Carts150/=
(f)Saloon cars200/=
(g)Pick-ups up to 2 tons, Microbus up to 15 passengers400/=
(h)Lorries not exceeding 7 tons, Bus up to 45 passengers, Agricultural and tractor, trailers1,000/=
(i)Lorries not less than 8 tons, and not exceeding 15, but exceeding 45 passengers1,500/=
(j)Lorries up to 15 tons2,000/=
(k)Heavy Plant, Truck and Trailer4,000/=

History of this document

31 July 2002 this version
Consolidation
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