Mara Bay Ferry Regulations, 1954

Government Notice 176 of 1954

Mara Bay Ferry Regulations, 1954
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Tanzania
Ferries Act

Mara Bay Ferry Regulations, 1954

Government Notice 176 of 1954

  • 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.]

1.

These Regulations may be cited as the Mara Bay Ferry Regulations.

2. Definitions

In these Regulations, unless the context otherwise requires—"ferry" means the Mara Bay Ferry and includes the craft used in carrying on the ferry service;"licensee" means the holder of a licence under the Ferries Act1 in respect of the Mara Bay Ferry;1Cap. 173"Nahodha" means the person appointed by the licensee to be in charge of the ferry;"toll collector" means the Nahodha or any person deputed by him to collect toll fees;"toll fees" means the fees prescribed in the Schedule to these Regulations.

3.

The ferry service shall be managed and carried on by the licensee by means of at least one craft, which shall be capable of carrying at least one lorry of up to five tons gross laden weight.

4.

(1)The ferry service shall be efficiently maintained daily throughout the year between Musoma and Kinesi on Mara Bay and at least two crossings shall be made in each direction from Mondays to Fridays inclusive and one crossing on Saturdays and Sundays and the times of the daily crossings in each direction shall be notified to persons using or likely to use the ferry in the Musoma and North Mara Districts in such manner as the District Commissioner in each district considers necessary to bring such times to the notice of such persons, and the licensee shall in like manner give at least ten days' notice of any change in such times.
(2)The licensee shall also be prepared at any time to provide a special charter ferry at the special charge laid down therefor in the Schedule to these Regulations. Should the licensee at any time refuse to comply with any reasonable request by any person to provide a special charter service, the District Commissioner, Musoma, or the District Commissioner, North Mara, may require the licence to provide such service.

5.

(1)Each ferry craft while under way shall be in sole control of a Nahodha approved under the provisions of paragraph (3) of this regulation.
(2)In addition to the Nahodha, each ferry craft shall carry the minimum crew laid down for that type of craft by the District Commissioner, Musoma.
(3)The Nahodha and each member of the crew shall be in possession of a certificate of competency for their particular work and the certificate of competency shall be issued by the District Commissioner, Musoma, and shall be in such form as he may think fit.

6.

The ferry shall take on and land all passengers, cargo and livestock only at landing places approved either by the District Commissioner, Musoma or by the District Commissioner, North Mara.

7.

The licensee shall provide all facilities necessary to enable the craft to moor in safety at the approved landing places at any time of day.

8.

(1)The ferry craft in use shall at all times be kept clean, seaworthy and in good repair and each ferry craft shall be inspected once in every year by an officer approved by the Regional Commissioner, Mara Region, and certified by him as fit for a further year's service unless the craft, after such inspection, can in the opinion of the inspecting officer, be certified only for a shorter period, in which case a second inspection shall be held at the expiry of such period.
(2)The licensee shall beach the ferry craft and carry out all reasonable requests given by the District Commissioner, Musoma, or the District Commissioner, North Mara, for the purposes of such inspection.
(3)The fees and expenses of the inspection shall be paid by the licensee.

9.

Each ferry craft shall be equipped with such life-saving apparatus and fire-extinguishing appliances as shall be considered necessary by the District Commissioner, Musoma, and such apparatus and appliances shall be kept so as to be at all times fit and ready for use.

10.

(1)The maximum number of passengers or vehicles which each ferry craft is permitted to carry shall be laid down by the District Commissioner, Musoma.
(2)There shall be exhibited by the licensee in a conspicuous place on each ferry craft a notice in English, and Kiswahili denoting the maximum number of passengers or vehicles which such craft is permitted to carry.

11.

Any person crossing by the ferry who—
(a)refuses to pay the appropriate toll fee as laid down in the Schedule to these Regulations; or
(b)fraudulently or forcibly passes by the toll collector without paying the prescribed toll fee; or
(c)wilfully obstructs the toll collector or other person employed to work such ferry in the execution of his duties; or
(d)enters a ferry craft knowing that it contains its maximum load,
commits a breach of these Regulations and is liable to the penalties prescribed under in the Ferries Act2 and it shall be lawful for the Nahodha, any toll collector, member of the crew or Police Officer forcibly to remove from the ferry any such person.2Cap. 173

12.

The toll fees specified in the Schedule to these Regulations may be demanded by the toll collector from every person using the ferry and it shall be lawful for the toll collector to refuse to carry any person or the cattle, cargo or vehicle of any person on the ferry unless such person shall have paid the appropriate toll fee before entering or embarking his cattle, cargo or vehicle on the ferry.

13.

A toll collector shall not demand from any person more than the appropriate toll fee specified in the Schedule to these Regulations and shall not refuse to take a passenger on the ferry except in the cases mentioned in regulations 11 and 12 or for some other reasonable cause.

14.

The table of toll fees shall be exhibited by the licensee in a conspicuous place on each ferry landing and ferry craft.

15.

No person in charge of any craft shall permit such craft to obstruct the working of the ferry.

16.

The Nahodha shall have sole authority to regulate the ferry service and to control the traffic thereon and every passenger shall obey all reasonable directions given by the Nahodha.

17.

Upon giving at least forty-eight hours' notice to persons using or likely to use the ferry in the Musoma and North Mara Districts in such manner as the District Commissioner in each district considers necessary to bring to the notice of such persons, the licensee may once in every two months and for a period not exceeding forty-eight hours in each case withdraw any ferry craft from service for the purpose of servicing or repair.

Schedule

Toll fees

 Shs.Cts.
Passengers:
Third class075
First class200
(Passengers are allowed 25 lb. of personal baggage free)
Cattle, per head300
Dogs, each050
Goats, sheep, per head050
Bicycle075
Motorcycle with or without sidecar400
Motor vehicle including a driver and a load not exceeding that which the vehicle is licensed to carry, but not including passengers:Not exceeding 20 cwt. tare weight2000
Cars of 20 cwt. and not exceeding 30 cwt. tare weight2500
Lorries of 30 cwt. and not exceeding 50 cwt. tare weight3500
Lorries of 50 cwt. and not exceeding 60 cwt. tare weight4500
Lorries exceeding 60 cwt. and not exceeding 100 cwt. tare weight and thereafter Shs. 10/= for every additional 20 cwt. tare weight5500
Corpse2000
All other goods, articles or produce of whatever description and not included herein not exceeding 150 lb. in weight and 15 cents for every 50 lb. or part thereof in excess of the first 150 lb.050
Charge for Special Charter:
For any passenger or load, except a car or lorry exceeding 20 cwt. tare weight4000
For a car or lorry of 20 cwt. and not exceeding 30 cwt. tare weight4500
For a lorry of 30 cwt. and not exceeding 50 cwt. tare weight5500
For a lorry of 60 cwt. or over6500

History of this document

31 July 2002 this version
Consolidation
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