Transport Licensing (Goods Carrying Vehicles) Regulations, 2012

Government Notice 390 of 2012

Revoked

This Government Notice was revoked on 2020-02-07 by Transport Licensing (Goods Carrying Vehicles) Regulations, 2020.

Transport Licensing (Goods Carrying Vehicles) Regulations, 2012

This is the version of this Government Notice as it was when it was revoked.

Citation: Government Notice 390 of 2012
Primary work: Transport Licensing Act
Date: 14 December 2012
Language: English
Publication: Download PDF (3.6 MB)

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Tanzania

Transport Licensing Act

Transport Licensing (Goods Carrying Vehicles) Regulations, 2012

Government Notice 390 of 2012

Published in Gazette of the United Republic of Tanzania 50 on 14 December 2012
Assented to on 4 December 2012
Commenced on 14 December 2012
[This is the version of this document as it was from 14 December 2012 to 5 October 2017.]

[Revoked on 7 February 2020 by Transport Licensing (Goods Carrying Vehicles) Regulations, 2020 (Government Notice 77 of 2020)]

[Made under Section 45]

Part I – Preliminary provisions

1. Citation

These Regulations may be cited as the Transport Licensing (Goods Carrying Vehicles) Regulations. 2012.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Act” means the Transport Licensing Act;[Cap. 317]“Authority” means the Surface and Marine Transport Regulatory Authority established under the Surface and Marine Transport Regulatory Authority Act;[Cap. 413]“agent” means a person or a company or association appointed by the licencee to do any act on behalf of the licencee;“Carrier licence” means a licence issued under the provisions of these Regulations;“crew” means any employee of the licencee forming part of travelling staff in goods carrying vehicles and includes a driver;“Director General” means the Director General of the Authority appointed under section 13 of the Surface and Marine Transport Regulatory Authority Act;[Cap. 413]“driver” means a person who acts as steersman of a motor vehicle;“goods carrying vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or trailer so constructed or adapted, whether used or constructed or adapted solely for that purposes or not;“licence” means a Carrier Licence granted under the Transport Licensing Act;[Cap. 417]“licence” means a person licenced by the Authority to provide services for goods carried through road;“Minister” means the Minister responsible for the Authority;“motor vehicle” means a mechanically propelled motor vehicle intended or adopted for use on roads;“Motor Vehicle Inspection Report” means a roadworthiness report for goods carrying vehicle issued under the Road Traffic Act, or any other Agent appointed by the Authority;[Cap. 168]“Motor Vehicle Registration Certificate” means a motor vehicle registration certificate issued under the Road Traffic Act;“narcotic drugs” has the meaning assigned to that expression in the Drugs and Prevention of Illicit Traffic in Drug Act;[Cap. 25]“officer of the Authority” means director, manager or any other officer authorized by the Authority;“operator” means a person who owns goods carrying vehicle.

Part II – The goods carrying vehicle licence

3. Prohibition for operating goods carrying vehicle without licence

A person shall not operate goods carrying vehicle without a valid licence.

4. Application for licence

(1)A person who wishes to operate a goods carrying vehicle shall, prior to such operation, apply to the Authority for a licence.

(2)An application for a licence shall be made in a prescribed form and upon payment of the prescribed fee, and shall contain the following particulars;

(a)certified copy of the motor vehicle registration card;

(b)certified copy of a valid insurance cover with a minimum requirement of third party liability which corresponds with the carrying capacity as indicated in the motor vehicle registration certificate;

(c)in the case of used motor vehicle, the motor vehicle inspection report from an authorized motor vehicle inspector;

(d)in case an application is made by a company, a copy of certificate of incorporation;

(e)names and copies of drivers licence corresponding to the number of vehicle;

(f)in csc of individual, name and photograph of the licencee;

(g)copy of employment contract between the driver and the licencee; and

(h)any other documents as the Authority may require,

(3)The Authority may, before considering an application, require the applicant to produce original documents of the certified copies referred to in sub-regulation (2) for verification.

5. Short term carrier licence

During an emergency and in the absence of carrier licence, operator may apply for short term carrier licence on such terms and conditions as may be prescribed by the Authority.

6. Rejection of application

(1)The Authority shall reject an application for a licence under these Regulations if—

(a)the application does not comply with the provisions of these Regulations;

(b)the vehicle is more than ten years from the date of manufacture,

(c)the vehicle is for private use and its carrying capacity is less than three tons;

(d)the application is contravention of any relevant written law.

(2)Where the Authority has rejected an application for a licence it shall, within seven days of the rejection, notify the applicant in writting of such decision and the reasons for rejection.

7. Grant of application

The Authority shall, where it is satisfied that the provisions of these Regulations are complied with, grant an application and issue an applicant with the licence.

8. Forms of licence

The licence issued under regulation 7, shall be in a prescribed form and shall contain the following particulars:

(a)name and address of the liccncee;

(b)registration number of the goods carrying vehicle and description of vehicle;

(c)duration of the licence;

(d)authorized maximum load to be carried; and

(e)statutory conditions of the licence.

9. Application for renewal of a licence

(1)A liccncee may, within eight weeks prior to the expiry of the licence, apply to the Authority for renewal of the licence.

(2)Any application for renewal submitted after the expiry date of the licence shall be surcharged fifty percent of appropriate fee and ten percent for every subsequent month on accrued balance.

(3)The provisions of regulation 4 of these Regulations shall, with necessary variations, apply in relation to the application for renewal of licence and, in addition to the particulars required, the applicant shall attach with application, the expired licence.

10. Licence fee and other charges

(1)An applicant for a licence shall pay to the Authority the fees prescribed in the Second Schedule to these Regulations, in respect of the licence issued to him.

(2)The fees under sub-regulation (1) shall be paid into the Authority’s account and a receipt shall be issued in respect of each payment.

11. Issuance of carrier or transit permit to cross border vehicles

(1)The Authority shall issue a carrier or transit permit to cross border vehicles in accordance with any bilateral or regional agreement in which Tanzania is a party.

(2)The carrier permit issued under sub-regulation (1) shall be issued to licensed vehicles.

(3)The transit permit shall be issued to foreign vehicles after paying prescribed fees prescribed in the Second Schedule to these Regulations.

12. Refusal to issue carrier or transit permit

Where the Authority has refused to issue a carrier or transit permit, it shall notify in writing the applicant within fourteen days from the date of such refusal stating the reasons for such refusal together with any other instructions as the Authority may determine.

13. Review procedures

A person who is aggrieved by the decision of the Authority under regulation 12 may apply for review in accordance with the Surface and Marine Transport Regulatory Authority (Complaints and Review) Regulations, 2007.

14. Validity of licence

A licence issued under these Regulations shall, unless earlier revoked, be valid for a period of one year renewable annually subject to fulfillment of application for renewal conditions.

15. Suspension or revocation of licence or permit

Where the liccncee violates the terms and conditions for which the licence is issued, the Authority may suspend the licence or permit for a prescribed period or revoke the licence or permit.

16. Procedure for revocation or suspension

(1)The Authority shall, before suspending or revoking the licence, serve the liccncee with the notice in writing specifying the nature of the violation.

(2)Upon receipt of the notice, the liccncee may make representation in writing to the Authority within seven days from the date of notice regarding a remedy or rectification of the vilation.

(3)Where the liccncee fails to remedy or rectify the violation within the time specified in the notice or has made a representation which is not satisfactory to the Authority, the Authority may proceed to suspend or revoke the licence.

(4)Where the Authority has suspended or revoked the licence or permit, it shall, within three days of the decision, notify in writing the licence holder of such decision to suspend or revoke such licence or permit and the reasons for such suspension or revocation requiring him to stop operations.

(5)The licence holder shall, immediately after being served with a notice of revocation or suspension, stop the operations of the licenced vehicle..

17. Surender of licence

A licence which is revoked or suspended by the Authority shall, immediately after its suspension or revocation, cease to have effect and shall forthwith be surrendered to the Authority.

18. Return of licence after expiry of suspension

The Authority shall return the licence to the licencee after the expiry of suspension period and fulfillment of other requirement as stipulated by the Authority.

19. Loss or destruction of licence

(1)Where a licence is lost, destroyed or defaced a licencee shall immediately notify the Authority in writing of such loss, destruction or defacing of the licence.

(2)The Authority shall, where it is satisfied that the licence is lost, destroyed or defaced, issue to the licencee a duplicate copy upon payment of a prescribed fee.

(3)Notwithstanding sub-regulation (2) in relation to a defaced licence, the Authority shall, before issuing or causing to be issued a duplicate licence, require a licence holder to return the defaced or original licence.

(4)Where a lost licence is recovered after a duplicate licence is issued to the licencee, the licence holder shall forthwith return to the Authority the original licence, and no refund of any fee paid for the issuance of the duplicate licence shall be made in favour of the licence holder.

20. Review

A person who is aggrieved by the decision of the Authority made under these Regulations may apply for review in accordance with the SUMATRA (Complaints and Review Procedure) Regulations, 2007.

Part III – Duties of the operator

21. Duty to report accident

The operator of the vehicle shall, within seven days from the date of an accident involving the goods carrying vehicle, report to the Authority and other relevant authorities on such accident.

22. Obligation to provide service

(1)A licencee of a goods carrying vehicle, who accepts to transport goods shall provide the services in accordance with the terms and conditions agreed between a licencee and a customer.

(2)Any person who contravenes the provision of sub regulation (1), may submit his complaint to the Authority in accordance with Surface and Marine Transport Regulatory Authority (Complaints and Review Procedure) Regulation, 2007.

23. Mechanical breakdown of goods carrying vehicle

Where a licenced vehicle is not in a fit condition to start or proceed with the journey as a result of the mechanical break down, the licencee of the vehicle shall immediately remove the vehicle from the road and provide alternative transport of goods.

24. Duty to issue receipt

Every owner of a goods carrying vehicle shall, in respect of each goods transported through his vehicle, issue or cause to be issued a receipt specifying the—

(a)full name of the customer;

(b)expected date of arrival of the goods;

(c)amount paid for the transportation of the goods;

(d)address and telephone number of the licencee;

(e)date of issue; and

(f)name and signature of authorized officer.

Part IV – The certificate of authorization, conditions and prohibited conducts

25. Prohibition for driving a licenced goods carrying vehicle without certificate of authorization

A person shall not drive a licenced goods carrying vehicle without a valid certificate of authorization from the Authority.

26. Certificate of authorization

(1)The Authority shall, in respect of every licensed goods carrying vehicle, issue a certificate of authorization to each driver of the licenced goods carrying vehicle.

(2)The certificate of authorization shall contain the following particulars:

(a)the driver’s driving licence number,

(d)the Taxpayer Identification Number,[Please note: Numbering as in original.]

(c)the date of birth;

(d)a stamp size photograph of the driver;

(e)the name and address of the driver; and

(f)the name of the driving school in which the driver attended.

27. Condition for driving

A driver shall, while driving, ensure that:

(a)a licenced goods carrying vehicle adheres to specified speed limits;

(b)a good carrying vehicles do not carry passenger(s); and

(c)a goods carrying vehicle do not carry goods in excess of the maximum load stated in the carrier licence or permit.

28. Prohibited conducts

(1)A driver of a goods carrying vehicle shall not demonstrate any of the following behavior while on duty.

(a)using hostile or abusive language to customers;

(b)blocking or obstructing intentionally other service providers;

(c)driving under the influence of alcohol or any other narcotic drugs at any amount;

(d)driving in a careless or reckless manner or in a manner contrary to the provisions of the Road Traffic Act or any other written law;

(e)parking a goods carrying vehicle in unauthorized parking area;

(f)operate a goods carrying vehicle in roads where its weight exceeds the specified road limit;

(g)mistreating or harassing customers; or

(h)using a hand held mobile phone or similar device when driving.

(2)A driver of a licensed goods carrying vehicle who contravenes, or fails to comply with the provisions of sub-regulation (1), commits an offence and shall, on conviction, be liable to a fine of not less than one hundred thousand shillings or to imprisonment for a term not less than five months and not exceeding one year or to both.

29. Suspension or cancellation of certificate of authorization

(1)The Authority may suspend or cancel the certificate of authorization if it is satisfied that the driver has contravened the provisions of regulations 27 and 28 of these Regulations, the Act or any other written law in respect of the goods carrying vehicle.

(2)Where the Authority has suspended the certificate of authorization of the driver, it shall, within seven days, notify the driver in writing explaining the reasons and the period of suspension of such certificate.

(3)Where the Authority has cancelled the certificate of authorization, it shall, within seven days of cancellation, notify the driver in writing of the reasons for the cancellation.

(4)Notwithstanding the provisions of sub-regulations (1), (2) and (3) of this regulation, the Authority shall, before suspending or cancelling the certificate of authorization avail the driver with the right to make any representation or submission, and the authority shall consider such representation or submission before suspending or cancelling his certificate.

(5)A driver whose certificate of authorization is suspended or cancelled shall—

(a)in the case of a suspended certificate, not drive any goods carrying vehicle for a prescribed period of suspension; and

(b)in the case of a cancelled certificate, cease to operate any goods carrying vehicle, and shall, in addition, immediately surrender the certificate to the Authority.

(6)A person who is aggrieved by the decision of the Authority shall, within twenty one days of such suspension or cancellation, file a complaint in writing to the Minister, and the decision of the Minister shall be final.

Part V – Offences and penalties

30. Offence

Any person who—

(a)operates a goods carrying vehicle without a valid licence;

(b)in relation to any application for a licence makes any statement which is false in any material particular;

(c)furnishes to the Authority record, statement, declaration, written information or explanation containing any particulars which to his knowledge are false or incorrect;

(d)fails to exhibit as required a licence issued to him under the Act;

(e)fails to produce or surrender a licence upon being required so to do under the Act;

(f)hinders or obstructs an officer of the Authority, or a police officer of the rank of Inspector in the perfomance of his duties under the Act and these Regulations;

(g)makes, or has in possession of any document, plate, or mark so closely resembling to a licence, or any such document plate or mark, which is intended to deceive, or forges or alters an entry in a record made under these Regulations;

(h)fails to comply with any provision of these regulations or conditions of a licence; and

(i)with intent to evade the payment of fee and willfully does or omits to do any act or thing,

commits an offence and shall be liable, upon conviction, to a fine of three hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than five months and not exceeding one year or to both.

31. General penalty

Where a person commits an offence to which no specific penalty is provided in these Regulations, he shall, on conviction, be liable to a fine of not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

32. Power to compound offence

(1)Notwithstanding the provisions of these Regulations relating to penalty, where a person commits an offence under these Regulations, the Authority may, at any time prior to the commencement of the hearing by any court of any charge, compound such offence and order the person to pay sum of money, not exceeding one and half of the amount of the fine to which the person would otherwise have been liable if he had been convicted of such offence:Provided that the Authority shall not exercise its powers under this regulation unless the person concerned admits in writing that he has committed such offence.

(2)Where the Authority compounds an offence under this regulations, the order referred to in sub-regulation (1)—

(a)shall be reduced into writing and there shall be attached to it the written admission and request referred to in sub-regulation (1) and a copy of such order shall be given, if he so requests, to the person who committed the offence;

(b)shall specify the offence committed, the sum of money ordered to be paid and the date on which payment is to be settled;

(c)shall be final; and

(d)may be enforced in the same manner as a decree of a court for the payment of the amount stated in the order.

Part VI – General provisions

33. Charging of prescribed tariff

(1)Subject to the provisions of these Regulations, an applicant of the carrier licence, shall charge a customer the amount which does not exceed the approved rate by the Authority.

(2)Where the liccncce has indicated the charge for any journey in an application form, he shall not charge more than such charge for such journey.

(3)The Authority shall determine economic charge in accordance to Tariff Review Regulations.

34. Failure to pay charges

(1)A person shall not neglect or refuse to pay for the service of any licenced goods carrying vehicle with the intention of defrauding the licence of such vehicle.

(2)A licence of a goods carrying vehicle shall have the right to demand payment of appropriate charges in advance or refuse to carry goods.

35. Power to stop and inspect a goods carrying vehicle

(1)An officer of the Authority or a Police Officer of the rank of inspector may stop and search a goods carrying vehicle with a view to ascertaining whether or not these Regulations are complied with and may demand for inspection, production of any licence or document of any description which may be required to be carried on such vehicle.

(2)Where an officer of the Authority or Police officer in the course of inspection discovers that part of these Regulations are not complied with, he may confine the vehicle in a safe place until payment of the fine is made and receipts for payment is issued by the Authority.

36. Disposal of motor vehicles

Where a licencee disposes off any motor vehicle to which the licence relates or otherwise ceases to be the owner of that motor vehicle, he shall, within seven days, notify in writing the Authority and return the licence together with any other document required by the Authority.

37. Death or incapacity of licencce

Where a licencee of the motor vehicle dies or is incapacitated, undergoes bankrupt or ceases to be the user of the licence, a person who intends to carry on business on his behalf shall—

(a)within fourteen days after the death, incapacity or bankruptcy of the licencce, notify the authority in writing that the licencee has ceased to be the owner of the motor vehicles and furnish the Authority with the name of the person by whom the business is being carried on; and

(b)within one month after notifying the Authority, an application for a new licence is duly made:

Provided that the period during which such person shall be deemed to be the licencee 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 after the application is disposed of.

38. Restriction of goods carrying vehicle

(1)A person shall not be allowed to operate a goods carrying vehicle in any road if its weight exceeds specified road limit unless otherwise authorized by the relevant authority.

(2)A person shall not park any goods carrying vehicle in unauthorized area.

(3)The City, Municipal or District Council shall designate specific parking areas for goods carrying vehicles.

39. Revocation GN No. 58 of 1958

The following Regulations arc hereby revoked:

(a)the Transport Licensing (Prescribed Conditions) (Public Carrier Licences) Regulations;[GN No. 58 of 1958]

(b)the Transport Licensing (Appeals) Regulations;[GN. No. 74 of 1966; GN. No. 206 of 2001; GN No. 83 of 1963]

(c)the Transport Licensing (Fees) Regulations; and

(d)the Transport Licensing Regulations.

First Schedule (Made under regulation 4)

Application for public carrier's licence

[Please note: Forms have not been reproduced. Please refer to the publication document.]

Second Schedule (Made under regulation 10)

Schedule of licence fees for local and foreign carrier vehicles

S/n	Description	Annual fees Tshs	3 Months fees	Annual fees US $	3 MonthsFees US $
1.	1 tons but not exceeding 5 tons	35,000/=	12,000/=	50	15
2.	Exceeding 5 tons but not exceeding 10 tons	45,000/=	15,000/=	95	30
3.	Exceeding 10 tons but not exceeding 15 tons	50,000/=	18,000/=	115	30
4.	Exceeding 15 tons but not exceeding 20 tons	75,000/=	22,000/=	160	40
5.	Exceeding 20 tons but not exceeding 25 tons	90,000/=	25,000/=	195	50
6.	Exceeding 25 tons but not exceeding 30 tons	110,000/=	30,000/=	230	60
7.	Above 30 tons	120,000/=	35,000/=	250	65

NB: This Fees Schedule is based on carrying capacity (payload) and not on Gross Weight. Also, all vehicles are grouped together irrespective of their status, whether single unit or trailers.Other fees/charges

1.For application form ______________ 5,000/= (5USD)

2.For a duplicate copy of a lost, destroyed or defaced licence 10,000/= (10 USD)

3.For transit permit of foreign vehicles ________________ 10 usd

History of this document

07 February 2020

Revoked by Transport Licensing (Goods Carrying Vehicles) Regulations, 2020

06 October 2017 amendment not yet applied

Amended by Transport Licensing (Goods Carrying Vehicles) (Amendment) Regulations, 2017

14 December 2012 this version

Published in Gazette of the United Republic of Tanzania 50

Commenced

04 December 2012

Assented to

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Transport Licensing (Goods Carrying Vehicles) Regulations, 2012

Government Notice 390 of 2012

Transport Licensing (Goods Carrying Vehicles) Regulations, 2012

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Ask AI

Transport Licensing (Goods Carrying Vehicles) Regulations, 2012

Government Notice 390 of 2012

Part I – Preliminary provisions

1. Citation

2. Interpretation

Part II – The goods carrying vehicle licence

3. Prohibition for operating goods carrying vehicle without licence

4. Application for licence

5. Short term carrier licence

6. Rejection of application

7. Grant of application

8. Forms of licence

9. Application for renewal of a licence

10. Licence fee and other charges

11. Issuance of carrier or transit permit to cross border vehicles

12. Refusal to issue carrier or transit permit

13. Review procedures

14. Validity of licence

15. Suspension or revocation of licence or permit

16. Procedure for revocation or suspension

17. Surender of licence

18. Return of licence after expiry of suspension

19. Loss or destruction of licence

20. Review

Part III – Duties of the operator

21. Duty to report accident

22. Obligation to provide service

23. Mechanical breakdown of goods carrying vehicle

24. Duty to issue receipt

Part IV – The certificate of authorization, conditions and prohibited conducts

25. Prohibition for driving a licenced goods carrying vehicle without certificate of authorization

26. Certificate of authorization

27. Condition for driving

28. Prohibited conducts

29. Suspension or cancellation of certificate of authorization

Part V – Offences and penalties

30. Offence

31. General penalty

32. Power to compound offence

Part VI – General provisions

33. Charging of prescribed tariff

34. Failure to pay charges

35. Power to stop and inspect a goods carrying vehicle

36. Disposal of motor vehicles

37. Death or incapacity of licencce

38. Restriction of goods carrying vehicle

39. Revocation GN No. 58 of 1958

First Schedule (Made under regulation 4)

Application for public carrier's licence

Second Schedule (Made under regulation 10)

Schedule of licence fees for local and foreign carrier vehicles

History of this document

07 February 2020

06 October 2017 amendment not yet applied

14 December 2012 this version

04 December 2012

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Is amended by

Is revoked by

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