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Transport Licensing (Appeals) Regulations, 1966

Government Notice 74 of 1966

Transport Licensing (Appeals) Regulations, 1966
This is the latest version of this Government Notice.
Citation
Government Notice 74 of 1966
Primary work
Transport Licensing Act
Date
31 July 2002
Language
English
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Tanzania
Transport Licensing Act

Transport Licensing (Appeals) Regulations, 1966

Government Notice 74 of 1966

  • 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.]
[Section 45; G.N. Nos. 74 of 1966; 90 of 1970]

1. Title

These Regulations may be cited as the Transport Licensing (Appeals) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Transport Licensing Act 1;1Cap. 317"Appeals Secretary" means any person in the employment of the Government of the United Republic whom the Minister has appointed to perform the duties and functions required by these Regulations to be performed by the Appeals Secretary;"appellant" means the person filing an appeal in accordance with these Regulations;"prescribed" means, in relation to forms, the forms prescribed in the First Schedule and in relation to fees, the fees prescribed in the Second Schedule;"Schedules" means the Schedules to these Regulations.

3. Notice of appeal

(1)Any person entitled under the provisions of section 31 of the Act to appeal against any decision of the authority or against any revocation or suspension of a licence may appeal against such decision, revocation or suspension by submitting to the Minister within thirty days of the decision, revocation or suspension, five copies of his memorandum of appeal.
(2)Every notice of intention to appeal shall be in the prescribed form.
(3)A notice of intention to appeal required to be given by this regulation shall be given within twenty-one days of the announcement or notification by the licensing authority of the decision or revocation or suspension against which the person giving the notice wishes to appeal and shall be accompanied by the prescribed fee.
(4)A copy of every notice required to be given by this regulation shall be sent to the Appeals Secretary.

4. Authority to prepare and transmit copies to Minister

(1)On an application made therefor by the appellant and on payment by the appellant records of the prescribed fees, the licensing Authority shall cause to be prepared—
(a)a written statement giving the name and address of the appellant;
(b)copies of all documents including correspondence, if any, relating to the subject matter of the appeal and which were taken into consideration by the licensing authority in arriving at the decision or revocation or suspension of licence to which the notice of intention to appeal relates;
(c)a written statement signed by the Chairman of the licensing authority giving reasons for the decision or revocation or suspension of licence; and
(d)in the case of an appeal other than an appeal against revocation or suspension of a licence the following additional documents—
(i)a written statement of the names and addresses of the applicant in the application to which the notice of intention to appeal relates and of every person who advanced reasons opposing the application; and
(ii)a copy of the application and copies of the notices of objection, if any, lodged against the application.
(2)Every person upon whom the appellant is under the provisions of regulation 5 required to serve a copy of his memorandum of appeal shall be entitled, on payment to the licensing authority of the prescribed fee, to be supplied by the authority with a copy, or such number of copies as he may require, of any of the documents referred to in paragraph (1).

5. Memorandum of appeal

(1)The appellant shall before the expiration of thirty days from the date of the decision, revocation or suspension appealed against, cause to be served a copy of the memorandum of appeal—
(a)upon the licensing authority;
(b)in the case of an appeal by an applicant against the decision of the licensing authority on his application, upon every person who advanced reasons opposing the application;
(c)in the case of an appeal by a person who advanced reasons opposing an application before the licensing authority against the decision of the authority on such application, upon the applicant.
(2)The memorandum of appeal shall set forth concisely and under distinct heads which shall be numbered consecutively the grounds of the appellant's objection to the decision or revocation or suspension of the licence, as the case may be, and shall be signed by the appellant or his advocate.

6. Summary

On receiving a memorandum of appeal and rejection of all the documents relating to the appeal which are required by these Regulations to be submitted to the Minister, the Minister shall peruse the same and, where it appears to him that the appeal is frivolous or without substance or that there is no merit in the grounds of appeal stated in the memorandum, the Minister may summarily reject the appeal.

7. Admission of appeal for hearing

Where the Minister does not summarily reject an appeal he shall direct whether the appeal shall be heard by him or by the Appeals Advisory Committee whereupon the Appeals Secretary shall serve upon the appellant and every person upon whom the appellant is required by these Regulations to serve a copy of his memorandum of appeal a notice in the prescribed form giving date, time and place of the hearing of the appeal.

8. Non-attendance parties

Where on the day fixed for hearing of the appeal or any other day to which the Minister of or the Appeals Advisory Committee, as the case may be, may have adjourned the hearing and when the appeal is called for hearing—
(a)the appellant fails to appear—
(i)if the hearing is before the Minister or the Appeals Advisory Committee presided over by the Minister, the Minister may dismiss the appeal;
(ii)in any other case the Committee shall advise the Minister of the non-attendance of the appellant and the Minister may dismiss the appeal; or
(b)the appellant appears but any other party fails to appear, the hearing shall, unless the Minister otherwise directs, be proceeded with notwithstanding the absence of such party.

9. Right of audience

(1)The appellant, the licensing authority and every person required by these Regulations to be served with a copy of the memorandum of appeal shall be entitled to appear and be heard at the hearing of the appeal.
(2)Where the Minister has granted permission to any advocate to appear in any appeal for any party that advocate shall be entitled to appear and be heard on behalf of such party in such appeal.

10. Appellant to urge a ground of appeal not set forth in memorandum

The appellant shall not, without the leave of the Minister, or where the appeal is heard by the Appeals Advisory Committee, or the Chairman of the Committee, urge or be heard upon in support of any ground of objection not set forth in the memorandum of appeal.

11. Procedure at hearing

At the hearing of an appeal—
(a)the appellant shall be heard in support of his appeal;
(b)the Minister or the Appeals Advisory Committee shall then hear any other party to the appeal who may be present at the hearing;
(c)the appellant shall be entitled to reply.

12. Recommendation of the Committee

Where an appeal is heard by the Appeals Advisory Committee—
(a)if the Committee is presided over by the Minister, the Minister shall ask each member of the Committee present at the hearing for his opinion and shall record the opinion in writing;
(b)if the Committee is presided over by any person other than the Minister, the Chairman shall, after consultation with the members of the Committee present at the hearing, make recommendations to the Minister in writing based on the opinion of the majority of the members so present.

13. Decision

The decision given by the Minister in an appeal shall be in writing and the Appeals Secretary shall communicate the decision to the parties to the appeal.

14. Service

(1)Where any memorandum or notice is required by these Regulations to be served on any party—
(a)if it is to be served on the licensing authority or any firm or corporation it shall be deemed to have been duly served if a copy is delivered to any responsible employee of the authority, firm or corporation and such employee signs an acknowledgement of the receipt of the document;
(b)if it is to be served on any person, if it is delivered to that person and that person signs an acknowledgement of the receipt of the document; or
(c)in any case, if it is sent to the party by registered post addressed to that party's last known postal address.
(2)"Employee" shall, for the purpose of this regulation, include, in the case of a firm, a partner or the sole proprietor of the firm.

15. Extension of time, etc.

The Minister may on application of a party to an appeal or on his own motion and such terms as he may think just—
(a)extend or reduce the time prescribed by these Regulations for doing any act relating to the appeal and any such enlargement may be made notwithstanding that the application for the same is not made until after the expiration of the time appointed or allowed;
(b)direct that any memorandum or notice required to be served on any party be served in a manner other than any manner prescribed in these Regulations;
(c)remit in whole or in part the fees payable under these Regulations.

First Schedule

Forms

[Editorial note: The forms have not been reproduced.]

Second Schedule

Fees

 Shs.Cts.
(1)On lodging memorandum of appeal10000
(2)For a copy of any of the documents mentioned in regulation 3, for each folio of 50 words or part thereof 50

History of this document

31 July 2002 this version
Consolidation
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