Transport Licensing (Public Service Vehicles) Regulations, 2020

Government Notice 76 of 2020

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Transport Licensing (Public Service Vehicles) Regulations, 2020

Citation: Government Notice 76 of 2020
Primary work: Transport Licensing Act
Date: 7 February 2020
Language: English
Publication: Download PDF (642.0 KB)

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Tanzania

Transport Licensing Act

Transport Licensing (Public Service Vehicles) Regulations, 2020

Government Notice 76 of 2020

Published in Gazette of the United Republic of Tanzania 6 on 7 February 2020
Assented to on 28 January 2020
Commenced on 7 February 2020
[This is the version of this document as it was from 7 February 2020 to 2 December 2021.]

[Made under section 45]

Part I – Preliminary provisions

1. Citation

These Regulations may be cited as the Transport Licensing (Public Service Vehicles) Regulations, 2020.

2. Application

These Regulations shall apply to all public service vehicles.

3. Interpretation

In these Regulations, unless the context otherwise requires:“accident” means an unwanted, negligent or unintended sudden event or specific chain of events which have adverse consequences to passengers or other road users;“Act” means the Transport Licensing Act;[Cap. 317]“annual levy” means the levy payable to the Authority in accordance with section 35 of the Land Transport Regulatory Authority Act;[Cap. 413]“association” means an association registered as a Trust under the Societies Act;[Cap. 317]“Authority” means the Land Transport Regulatory Authority established under section 4 of the Land Transport Regulatory Authority Act;[Cap. 413]“cabotage” means transport undertaken on a pubic road by a carrier with a vehicle not registered in the country in which such transportation is undertaken which involves—(i)the on loading and offloading of passengers between two points in such country or(ii)the on loading of passengers in such country for conveyance to another country which is not the country of registration of the vehicle and where such country of registration is not traversed;“central business district” means an area of a city, municipality or town as may be determined by the relevant authority;“Certificate of authorization” means a certificate issued by the Authority to a commercial vehicle driver.“child” means a person who is of the apparent age of three years or less;“company” means a company incorporated and registered under the Companies Act and includes a cooperative society registered under the Cooperative Societies Act;[Cap. 212; Cap. 211]“crew” includes a driver, conductor and any other employee of the licensee working in the public service vehicle or school bus while en-route;“Director General” means the Director General of the Authority appointed under the Land Transport Regulatory Authority Act;[Cap. 413]“exclusive licence” means a licence granted to the operator by the Authority, in consultation with the Minister, to provide public services transport exclusively in urban or any other route for a specified period of time;“incident” means an event involving a public service vehicle with crew or a passenger, if such event:(a)disrupts the provision of the transport services for more than thirty minutes after the scheduled or agreed time for the provision of the transport service; or(b)prevents the provision of the transport service;“licence” means a road service licence granted under these Regulations;“licensee” means a person, an association or a body corporate licensed by the Authority to provide public transport services;“Minister” means the Minister responsible for transport;“motor vehicle” means a mechanically propelled motor vehicle intended or adopted for use on roads;“motor vehicle inspection report” means a report of a motor vehicle roadworthiness;“motor vehicle registration card” means a motor vehicle registration certificate issued under the Road Traffic Act;[Cap. 168]“owner” means a person who is registered in the Register as the owner of a motor vehicle and includes the person in lawful possession of the motor vehicle under hire purchase agreement or any other agreement;“passenger” means any person who is travelling in a public service vehicle with a valid bus ticket and includes a child;“public service vehicle” means a motor vehicle which carries or is intended to carry passengers for hire or reward, whether used or constructed solely for that purposes or not;“pupil” means a person registered at a day care centre, nursery, primary or secondary school;“road” has the meaning ascribed to it under the Act;“school bus” means a passenger service vehicle, whether owned or operated by a registered day care centre, school or privately owned or operated under contract with such school, which is intended to provide transport services to pupils to or from school, or for any other school related activity, when they are in a group;“staff bus” means a passenger service vehicle intended to provide transport services to employees or students;“student” means a scholar of post-secondary education;“time table” means a document issued by the Authority prescribing indicative time of departure and arrival of public service vehicle at different stations in a particular route;“Tripartite” means regional economic block formed by East African Community (EAC), Southern African Development Community (SADC) and Common Market for Eastern and Southern Africa (COMESA);“urban area” means a city, town or any area declared to be an urban area by the relevant authority for commuter transport services;“valuable item” means any item whose value exceeds Tanzania shillings one million;“vehicle tracking device” means a device and its accessories installed in a public service vehicle capable of transmitting its recordings in real time to the Vehicle Tracking System or its acronym “VTS”.

Part II – Application and grant of licence

4. Eligibility for application of licence

(1)Any person who intends to operate a public service vehicle shall apply to the Authority for a licence as prescribed in the First Schedule.

(2)a licence to operate a public service vehicle shall be issued to an applicant who—

(a)is a company incorporated under the Companies Act;[Cap. 212]

(b)possesses a minimum number of public service vehicles as may be determined by the Authority from time to time; and

(c)is registered to electronic ticketing system approved by the Authority; and

(d)meets the prescribed standards, terms and conditions for Provision of public transport services.

(3)The Authority may issue a licence to an individual applicant to operate on a specific route.

(4)The Authority shall not, after coming into operations of these Regulations, issue a licence to an individual unless that person:

(a)is a citizen of Tanzania;

(b)possesses a minimum number of public service vehicles as may be determined by the Authority from time to time; and

(c)meets the prescribed standards, terms and conditions for Provision of public transport services.

(5)The Authority shall issue a cross boarder permit to a licensee who intends to carry passenger across any tripartite member state

(6)Subject to sub-regulation (1), a licensee shall be registered and issued with a transport certificate of registration by the Authority.

5. Procedures for application of licence

(1)A person who intends to operate a public service vehicle shall submit an application for a licence to the Authority manually or electronically.

(2)The application under subregulation (1), shall be accompanied with—

(a)a copy of the certificate of incorporation or registration;

(b)a copy of motor vehicle registration card;

(c)a vehicle inspection report; and

(d)proof of payment of application fees as set out in the Second Schedule to these Regulations.

(3)Without prejudice to subregulation (2), an applicant of an exclusive road service licence shall be required to submit—

(a)a business plan;

(b)a safety management plan;

(c)an emergency response plan;

(d)a most recent audited financial statement;

(e)a complaints handling procedure;

(f)proof of payment of application fees as set out in the Second Schedule to these Regulations; and

(g)any other documents as the Authority may require.

6. Eligibility for application of licence for a school bus

(1)The Authority may from time to time issue a licence to a day care centre, school, individual or company to operate a school bus for a specified period of time.

(2)Subject to subregulation (1), the Authority may prescribe the requirements for issuance of a day care centre and school bus licence based on carrying capacity as it may consider appropriate.

7. Procedures for application of school bus licence

(1)A person who intends to operate a school bus shall submit an application for a licence to the Authority manually or electronically.

(2)The application under this regulation shall be accompanied with—

(a)a copy of motor vehicle registration card;

(b)a vehicle inspection report;

(c)proof of payment of application fees as set out in the Second Schedule to these Regulations; and

(d)any other documents as the Authority may at any time require.

8. Requirements for issuance of licence

The Authority may, where it consider necessary—

(a)set the requirements for issuance of any licence under these Regulations:

(i)based on the route and distance to be covered by a vehicle;

(ii)depending on the carrying capacity and number of vehicles; or

(b)vary the requirements for issuance of any licence.

9. Categories and validity of road service licence

The Authority may issue the following categories of licences to the owner of a public service vehicle for provision of public transport services—

(a)a regular road service licence;

(b)a short term road service licence; or

(c)an exclusive road service licence.

10. Regular road service licence

(1)A regular road service licence shall be issued to an applicant who intends to provide transport services to—

(a)employees or students of a recognized public or private institution;

(b)pupils;

(c)tourists;

(d)passengers within an urban area;

(e)passengers between rural and urban area;

(f)passengers from one urban to another or one region to another;

(g)passengers to or from another country; and

(h)any other type of licence as may be determined by the Authority.

(2)Regular road service licence shall be valid for a period of one year.

11. Short term licence

(1)A short term licence shall be issued for a seasonal business or an execution of a particular piece of work.

(2)Short term licence shall be valid for a period of not exceeding three months.

(3)short term licence may be issued electronically.

12. Exclusive licence

(1)An exclusive road service licence shall:

(a)be issued to an applicant who intends to provide transport services to the public exclusively in an urban area or any other route for specified conditions and time; and

(b)be of a period of not less than five years.

(2)Without prejudice to the overall mandate of the Authority to issue licences under these Regulations, the Exclusive Road Service Licence shall be issued upon prior consultation with the Minister.

13. Licence fee and other charges

(1)An applicant for a licence shall pay to the Authority fees and other charges as set out in the Second Schedule.

(2)Fees and other charges in subregulation (1) shall be paid to the Authority’s bank account physically or electronically and evidence of payment be submitted to the Authority’s offices.

14. Consideration of application and grant of licence

The Authority shall, upon receipt of the application for road service licence, consider it and may, if satisfied, issue a licence.

15. Refusal to issue licence

(1)The Authority may refuse to issue a licence where—

(a)the applicant does not fulfil the requirements specified under these Regulations;

(b)the applicant submits false documents;

(c)the applicant provides wrong information in respect to the application;

(d)there is an oversupply to the route applied for; or

(e)any other reason which the Authority may consider fit.

(2)Where the Authority refuses to issue a licence, it shall notify the applicant in writing, within fourteen days from the date of receipt of application stating the reasons for the refusal.

(3)Notwithstanding subregulation (1)(b) the Authority may reject to issue a licence to the applicant who submits a false document until lapse of ninety days from the date of the rejection.

16. Contents of licence

(1)The contents of a licence of an individual shall include—

(a)name and address of a licensee;

(b)duration of the licence;

(c)condition of licence;

(d)licence number; and

(e)registration number of a vehicle.

(2)The contents of a licence of a body corporate shall include:

(a)name and address of a body corporate;

(b)duration of the licence;

(c)conditions of licence;

(d)licence number; and

(e)registration number of vehicles under the licence.

17. Display of licence

(1)A licensee shall display the licence at a conspicuous place on the left side of the windscreen of the public service vehicle.

(2)In the case of a company, a licensee shall display a licence as may be prescribed by the Authority.

18. Quality evaluation system

(1)The licensee shall, upon receipt of the road services licence, comply with performance indicators issued by the Authority.

(2)In case of a body corporate, the licensee shall—

(a)submit the annual performance report to the Authority; or

(b)prepare standards for provision of public service transport and submit to the Authority for approval.

19. Renewal of licence

(1)A licensee who intends to renew a licence may apply to the Authority within thirty days prior to the expiry date.

(2)The application for renewal of a licence shall be accompanied with—

(a)a certified copy of the vehicle inspection report; and

(b)any other document as the Authority may at any time require.

(3)The Authority may surcharge fifty percent of the licence fee for an application submitted fourteen days after expiry date of the licence and interest of five per centum of the accrued amount after every thirty days for a period not exceeding twelve months

(4)The Authority may not consider application for renewal, where there are outstanding penalties in respect to the vehicle for which the application is being made.

20. Loss or destruction of licence

(1)Where a licence is—

(a)destroyed or defaced, the licensee shall immediately send a written notification to the Authority together with an application for a replacement; or

(a)lost, the licensee shall immediately send a written notification to the Authority, accompanied by a police loss report and apply for a replacement of the licence.

(2)Where the Authority is satisfied that a licence is lost, destroyed or defaced, it shall, upon payment of a prescribed fee, issue a duplicate copy of a licence to the licensee,Provided that, in case of a defaced licence, the Authority shall, before issuing a duplicate licence, require a licensee to submit the defaced original licence for verification

(3)Where a lost licence is recovered after the duplicate licence is issued, the licensee shall return the duplicate licence to the Authority.

21. Emergency road service permit

(1)The Authority may issue an emergency road service permit to a licensee for a period not exceeding seven days—

(a)where a licensee intends to substitute a broken down vehicle licenced to provide public transport service; or

(b)for any other reason which may be determined by the Authority.

(2)Subject to subregulation (1), the licensee may obtain the emergency road service permits from any office of the Authority and keep them for use during an emergency.

Part III – Conditions of licence

22. Basic conditions of licence for public service vehicle

The licensee of the public service vehicle shall ensure that—

(a)the vehicle is road worthy;

(b)authorized number of passengers and carriage capacity is complied with;

(c)one driver does not drive continuously for more than eight hours;

(d)correct information is prepared and disseminated and records of the business of transport services are kept;

(e)the vehicle is fitted with a first aid kit at a conspicuous place which contains specified medicines and other medical requirements as specified by relevant Authority;

(f)a dust bin is kept in the public service vehicle and collected garbage are disposed of in the designated areas;

(g)a crew is registered by the Authority

(h)he complies with the specified class standards of a public service vehicle as prescribed in the Third Schedule to these Regulations;

(i)a driver holds a certificate of Authorization;

(j)use approved electronic fare collection system;

(k)he complies with any other conditions that may be determined by the Authority.

23. Conditions of licence for urban public service vehicle

Subject to the basic conditions provided under this Part, a licensee of an urban public service vehicle shall ensure that—

(a)the driver of a commuter bus is not below the age of twenty five and not above the age of sixty;

(b)an electronic bus ticket is issued to a passenger;

(c)a vehicle is painted with a colour code and in the manner to be determined by the Authority; and

(d)the approved fare is written near the entrance door in a manner to be determined by the Authority; and

24. Conditions of licence for inter-city or inter-national public service vehicle

Subject to the basic conditions provided under this Part, the licensee of an inter-city or inter-national public service vehicle shall ensure that—

(a)the driver is not below the age of thirty and not above the age of sixty;

(b)a vehicle meets the standards specified under the Third Schedule of these Regulations;

(a)a vehicle is fitted with a vehicle tracking device authorised by the Authority;

(b)a vehicle has a logbook issued by the Authority;

(c)a vehicle is fitted with functioning and neat seat belts on each seat;

(d)an electronic bus ticket is issued to a passenger;

(e)a public service vehicle operates on the specified route as indicated in the licence; and

(f)complies with any other conditions prescribed by the Authority.

25. Restriction to cabotage

A licensee or crew of inter-national public service vehicle whose vehicle is registered in another country shall comply with cabotage rules.

26. Conditions of licence for school bus

A licensee of a school bus service shall ensure that:

(a)he meets the standards, Terms and Conditions for Provision of Public Transport Services stipulated by the Authority;

(b)the driver is not below the age of thirty five and not above the age of sixty;

(c)the school bus is painted in yellow colour code Rgb (255,255,0) and printed with words “School Bus” or “Basi la Shule”; and

(d)a vehicle is fitted with a first aid kit at a conspicuous place which contains specified medicine and other medical requirements; and as specified by relevant Authority.

Part IV – Suspension or revocation of licence

27. Power of Authority to suspend licence

(1)The Authority may suspend a licence, if it is satisfied that the licensee—

(a)caused accident leading to death or severe injuries as a result of violation of licensing condition;

(b)fails to fit a vehicle tracking device;

(c)intentionally uses the vehicle which is having a non-functioning vehicle tracking device;

(d)tampers with vehicle tracking device;

(e)disobeys lawful order from an officer of the Authority;

(f)obstructs an officer of the Authority from carrying out inspection; or

(g)commits the same offence under these Regulations for more than three times in a year.

(2)Without prejudice to subregulation (1), the Authority may suspend a licence where it is necessary or desirable for interest of safety in the road transport.

(3)Where the violation is in relation to tempering with vehicle tracking device, the suspension shall be for thirty days or more.

28. Procedure for suspension

(1)The Authority may prior to suspension serve a notice to the licensee to show cause why his licence should not be suspended.

(2)The licensee shall, upon receipt of the notice in sub regulation (1), make representation in writing to the Authority within seven days from the date of receipt of the notice showing cause why his licence should not be suspended.

(3)The Authority may suspend the licence and give reasons for the suspension if:

(a)the Authority is not satisfied with the representations made in subregulation (2); or

(b)the licensee has not made any representation.

(4)Notwithstanding the provisions of subregulations (1), (2) and (3), the Authority may, where it considers necessary, suspend a license without issuing the notice to licensee to show cause.

(5)If the licence is suspended under regulation 28, the licensee shall immediately cease to provide public transport services and shall surrender the licence to the Authority within seven days from the date of receipt of notice of suspension.

(6)The Authority shall, where a license remains valid until the completion of the suspension period, return the licence to the operator after expiry of the suspension period and fulfilment of other requirements as may be stipulated in the suspension notice.

29. Revocation of licence

The Authority shall revoke the licence which is suspended for a third time.

Part V – Issuance of ticket and luggage handling

30. Charging of approved fare

A licensee shall not charge fare exceeding the rate approved by the Authority on a specific class of public service vehicle.

31. Booking of ticket

A licensee may allow booking of ticket to be made by a passenger manually or electronically.

32. Issuance of ticket

(1)A licensee shall ensure that—

(a)The ticketing faculties are connected to an Authorized electronic ticketing system; and

(b)a crew is equipped with functioning electronic ticketing gadgets.

(2)The electronic ticket shall specify—

(a)in case of intercity transport services—

(i)the name of the passenger and seat number;

(ii)the reporting and departure time;

(iii)the station of departure, via the route and final destination;

(iv)the fare for the journey;

(v)the full address and telephone number of the licensee;

(vi)the registration number of the public service vehicle;

(vii)the date of issue and date of travel; and

(viii)the serial number;

(b)in case of urban transport services—

(i)the registration number of public service vehicle;

(ii)name of the route for journey;

(iii)the approved fare;

(iv)the name and address of the licensee;

(v)the date of issue; and

(vi)licensee’s phone number.

(3)Where a passenger cancels a booking, twenty four hours or more prior to the departure time, the licensee shall immediately refund the full fare paid to the passenger.

(4)Where the cancellation is made in less than twenty four hours, but more than twelve hours prior to departure time, a passenger shall be entitled to—

(a)a chance to change date of travel; or

(b)a refund of not less than eighty five per centum of the paid fare.

(5)Notwithstanding, subregulations (3) and (4), the licensee shall have the right to deduct the amount of money from the fare equivalent to the charges incurred during the transaction.

33. Duty to prepare manifest

(1)For purpose of these Regulations, the licensee shall prepare a manifest of passengers travelling on board the vehicle as provided by the Authority in accordance with the Fourth Schedule to these Regulations.

(2)The licensee shall fill the manifest of passengers travelling in triplicate and—

(a)send one copy to the nearest police station where the vehicle starts journey;

(b)keep one copy in the licensee office; and

(c)keep one copy in the public service vehicle.

(3)The licensee shall ensure that a copy of the manifest of passengers travelling on board the vehicle kept in the vehicle is updated throughout the journey and records of the same are retained for five years.

34. Right of licensee to demand approved fare

A licensee shall have the right to demand payment of appropriate fare and where the passenger fails to pay the fare, the licensee may refuse to carry the passenger.

35. Obligation to provide transport

(1)A licensee who has issued a ticket to a passenger, shall provide transport services in accordance with terms and conditions of licence and timetable approved by the Authority.

(2)Where the licensee fails to provide inter-city or inter-national transport services to passenger—

(a)within one hour from the specified time of departure, the licensee shall refund to the passenger full fare unless the passenger voluntarily agrees to wait for the licensee to provide alternative transport; or

(b)within two hours while en route due to mechanical breakdown, the licensee shall—

(i)provide alternative transport; or

(ii)let passengers to look for alternative transport and within seven days refund fare equivalent to the remaining distance; or

(iii)provide food and accommodation, if the passenger voluntarily agrees to wait for the vehicle to be fixed and there after proceed with the journey.

(3)subject to subregulation (2)(b)(ii), failure to make refund with a specified period of time may provide right for claiming full a fare.

36. Pupil and child’s fare

(1)A licensee shall charge a pupil in uniform or carrying an identity card who uses public service vehicle in an urban area the fare approved by the Authority.

(2)A child shall not pay fare.

37. Charging of luggage

(1)The licensee shall transport free of charge—

(a)a luggage not exceeding twenty kilograms of a passenger travelling with the inter-city or inter-national passenger service vehicle which does not exceeding height of 60 centimetres, length of 45 centimetres and width of 30 centimetres; and

(b)all devices used to facilitate the movement of physically challenged passengers when travelling with the inter-city or inter-national passenger service vehicle.

(2)The licensee shall weigh or measure each passenger’s luggage and charge where there is excess weight or dimensions of luggage and issue electronic receipt.

38. Duty to declare carried items

(1)A passenger shall have the duty to declare—

(a)any valuable item carried in the checked in luggage; and

(b)any carried items upon being required to do so by the licensee.

(2)Where a passenger refuses his luggage to be checked by a licensee, the licensee may refuse to carry the luggage.

(3)The licensee shall have a duty to report any suspected carried luggage to a police officer.

39. Duty to tag passenger’s luggage

A licensee shall, in case of inter-city and inter-national public service vehicle—

(a)tag a passenger’s luggage and provide the passenger with a luggage identity tag bearing the name of the passenger and the final destination;

(b)ensure that passenger’s luggage is kept safely, secured and delivered to the passenger upon reaching his final destination; and

(c)where the passenger’s luggage is lost or damaged, compensate the luggage or pay such amount of money equivalent to the value of the lost luggage to the passenger within thirty days from the date of reporting the incident and submission of the proof of lost item.

Part VI – Issuance and use of timetable, log book and fare chart

40. Issuance and use of timetable, log book and fare chart

(1)The Authority shall issue a timetable and a logbook for a public service vehicle which provides inter-city or inter-national public transport services.

(2)The licensee of a public service vehicle which provides inter-city or inter-national public transport service shall ensure that:

(a)the time table, logbook and fare chart issued under sub-regulation (1) are used and kept in the public service vehicle throughout the journey; and

(b)the time table and fare chart are displayed at a conspicuous place in the public service vehicle; and

(c)that a log book is produced for inspection on demand by a Police Officer or an authorized officer of the Authority.

(3)In case of use of an alternative public service vehicle, an individual licensee shall ensure that the time table, logbook and fare chart of the replaced public service vehicle is used.

41. Duty to adhere to authorized route and timetable

(1)The public service vehicle shall be operated on a specified route and where applicable in accordance with the approved timetable.

(2)Where a licensee wishes to change the route and timetable in respect of which the licence is issued, he shall apply to the Authority and pay necessary fees for change of route or timetable.

(3)The Authority may grant the new licence upon being satisfied that there is a justification for such a change.

Part VII – Offences and penalties

42. Offences and penalties

(1)A person who contravenes the conditions of licence or any of the provisions of these Regulations, commits an offence and shall be liable, upon conviction, to a fine of not less than Tanzania shillings two hundred thousand but not exceeding Tanzania shillings five hundred thousand or to imprisonment for a term of not less than one year but not exceeding two years or both.

(2)Notwithstanding the provision of sub regulation (1), the licensee shall not employ a crew who has committed any offence under these Regulations repetitively up to three times within the licencing period.

43. Power to compound offences

(1)Notwithstanding the provision of this Regulation relating to penalties, where a person admits in writing that he has committed an offence under this Act, an authorized officer of the Authority may, at any time prior to the commencement of the hearing by a court of competent jurisdiction, compound such offence and order such person to pay sum of money not exceeding one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence.

(2)Where an offence is compounded in accordance with subsection (1) and proceedings are brought against the offender for the same offence, it shall be a good defence for the offender to prove to the satisfaction of the court that the offence with which the offender is charged has been compounded under subsection (1).

(3)Where the person fails to comply with the notification issued under this section within the prescribed period, the Authority—

(a)shall, in addition to sum ordered, require the person to pay an interest at the rate prescribed in the Regulations; and

(b)may enforce the notification in the same manner as a decree of a court for the payment of the amount stated in the notification.

44. Compounding of offences

The Authority may compound offences in a manner prescribed in the Fifth Schedule to these Regulations.

45. Notification of offence

(1)The Authority shall, upon identifying the contravention of these Regulations, notify the offender electronically or manually in the Notification Form prescribed in the Sixth Schedule to these Regulations on the—

(a)offence committed;

(b)penalty provided for the offence;

(c)amount to be compounded;

(d)the date and manner in which such money shall be paid to the Authority; and

(e)any other information as the Authority may deem relevant.

(2)The offender may admit or refuse to admit the commission of the offence to be compounded by signing the Notification Form as prescribed under either the Ninth Schedule to these Regulations.

46. Mode of payment and default

Where the person admits the offence to be compounded, he shall pay the compounded amount within fourteen days into the Authority’s bank account physically or electronically and submit evidence of such payment to the Authority.

47. Failure to pay compounded amount

Where a person fails to comply with the order to pay the compounded amount issued under these Regulations within the specified time, the Authority—

(a)shall charge interest of five per centum and five per centum of the accrued amount after every thirty days for a period not exceeding twelve months; or

(b)may enforce the order in the same manner as a decree of a court for the payment of the amount stated in the order.

48. Non admission of offence

Where a licensee or driver—

(a)does not admit the offence, he shall, within fourteen days from the date of commission of such offence submit a duly filled in notification form to the Authority for court appearance; or

(b)fails to appear at the Authority within the prescribed time he shall be deemed to have admitted the offence and shall be required to pay the penalty as stipulated in these Regulations.

49. Impounding of vehicle

(1)An officer of the Authority or a Police upon being satisfied that the licensee has contravened the provisions of these Regulations and has become uncooperative, may order the vehicle of the licensee to be impounded.

(2)Where the vehicle has been impounded the licensee shall bear any cost incurred in the process of and for impounding.

(3)Where the licensee refuses to pay a prescribed fine and fails to appear before the Authority to follow up on the impounded vehicle, upon laps of ninety days from the date of impounding the vehicle, the Authority shall apply to the court for an order to dispose off the impounded vehicle by way of public auction.

Part VIII – General provisions

50. Duty to report non-operation of a public service vehicle

A licensee shall have the duty to notify the Authority where a public service vehicle is not in operation for a period exceeding thirty days.

51. Duty to install and maintain Vehicle Tracking Device

A licensee of a public service vehicle shall ensure that—

(a)a Vehicle Tracking Device is installed, working properly, maintained, protected against hazardous conditions and tampering during the provision of services; and

(b)any malfunction of the Vehicle Tracking Device is reported to the Authority within twelve hours.

52. Restriction of certain types of vehicle operations

The Authority may—

(a)restrict certain types of public service vehicles to operate in any route or central business district of any city, municipality or town; and

(b)determine the central business district of a city, municipality or town from time to time for the purpose of provision of transport services as provided under these regulations

53. Items left in public service vehicle

Where an item is left by a passenger in a public service vehicle, the licensee shall ensure that such item is securely kept for collection by the owner.

54. Power to stop and inspect vehicle

An officer of the Authority or a police officer may:

(a)stop and inspect a public service vehicle at any time or convenient place with a view to ascertain compliance of these Regulations;

(b)demand for inspection, production of any licence or document of any description which may be required to be carried on such public service vehicle.

55. Painting and adverts on public service vehicle

A licensee shall not paint or fix any advert on a public service vehicle which—

(a)interferes with route colour code determined by the Authority; or

(b)obstructs passengers from having a clear outside view while in the vehicle.

56. Duty to provide information

The licensee shall notify the Authority within thirty days on the change of office address and any other information or change in any of the terms provided during the application of a licence.

57. Duty to search for information

A person who intends to possess a motor vehicle or employ a driver or crew may consult the Authority for the purpose of obtaining appropriate information in respect of a motor vehicle or driver or crew.

58. Disposal of motor vehicle

Where a licensee disposes of a public service vehicle he shall, within seven days, notify the Authority and ensure transfer of ownership has been made in accordance to the Road Traffic Act[Cap. 168]

59. Review

The applicant who is aggrieved by the decision of the Authority under these Regulations may, within fourteen days from the date of the decision, apply to the Authority for review, as prescribed rules.

60. Revocation

The Transport Licensing (Public Service Vehicles) Regulations, 2017 are hereby revoked.[GN. No. 421 of 2017]

61. Transition and savings

All licences, directions or instructions given or issued under the revoked Regulations shall remain in force until such licence, directives or instructions are revoked or otherwise cancelled.

First Schedule (Made under regulation 4)

Application for a road service licence

Second Schedule (Made under regulations 6, 8 and 14)

Public service licence fees

	For local operators		For foreign and tour operators
Sitting capacity	Annual fees (TSHS)	Fee for three months (TSHS)	Annual fees (TSHS)	Fees for three monthw (US$)
Ordinary and lower semi luxury bus
Not exceeding 15 persons	35,000	12,000	50	15
Exceeding 15 persons but not exceeding 25 persons	50,000	20,000	80	20
Exceeding 25 persons but not exceeding 45 persons	90,000	30,000	145	35
Exceeding 45 persons but not exceeding 65 persons	100,000	35,000	150	40
Exceeding 65 persons	140,000	46,000	160	45
Annual application fees	10,000	10,000	10	10
Variation of licence fees	Fifty percent (50%) of the annual fees

Upper semi luxury and luxury bus
Exceeding 25 persons	150,000	50,000	180	60
Annual application fees	10,000	10,000	10	10
Variation of licence fees	Fifty percent (50%) of the annual fees

Other fees
1.	Fees for a Short Term Road Transport Licence shall be—
	(a) for a period not exceeding 7 days			10,000/=
	(b) for a period which exceeds 7 days but does not exceed three months			20,000/=
2.	Other fees shall be—
	(a) for a duplicate copy or authorization of a lost, destroyed or defaced licence			20,000/=
	(b) for issuing a bus timetable			10,000/=
	(c) for logbook			10,000/=
	(d) emergency permit			10,000/=
	(e) a certificate of registration for a transport company			10,000/=

Third Schedule (Made under rule 23)

Classes of buses

No.	Standardized item	Ordinary bus	Lower semi luxury bus	Upper semi luxury bus	Luxury bus
1.	Maximum bus length	12.5m	12.5m	12.5m	12.5m
2.	Maximum bus Width	2.6m	2.6m	2.6m	2.6m
3.	Maximum bus height laden or unladen	4.6m	4.6m	4.6m	4.6m
4.	Seating capacity for large bus with vehicle length of 12.5m	Maximum seating capacity shall be 65 passengers including the driver	Maximum seating capacity shall be 60 passengers including the driver.	Maximum seating capacity shall be 60 passengers including the driver.	Maximum seating capacity shall be 51 passengers including the driver.
5.	Requirements for seats	Where seat faces in one direction and the horizontal distance between the fronts of a backrest to the back of the seat in front does not exceed 680mm at seat level then the passenger seats must not be adjustable.	a) All passenger seats must be adjustable.	a) All passenger seats must be adjustable.	a) All passenger seats must be adjustable.
5.	Requirements for seats		b) where seat faces in one direction, then the minimum horizontal distance between the fronts of a backrest to the back of the seat in front must be at least 690mm.	b) where seat faces in one direction, then the minimum horizontal distance between the fronts of a backrest to the back of the seat in front must be 690mm.	b) where seat faces in one direction, then the minimum horizontal distance between the fronts of a backrest to the back of the seat in front must be 690mm.
6.	Seat arrangements for large buses	3x2 or 2x2	2x2	2x2	2x2
7.	Seats belts	All passenger seats, including the driver’s seat must have seat belts	All passenger seats including the driver’s seat must have seat belts	All passenger seats including the driver’s seat must have seat belts	All passenger seats including the driver’s seat must have seat belts
8.	Interior lights/lamps	A minimum of three lights must be placed at equal distance along the passage way.	In addition to the lights in an ordinary passenger vehicle each passenger seat must have a position illuminating light.	In addition to the lights in ordinary passenger vehicle each passenger seat must have a position illuminating light.	In addition to the lights in ordinary passenger vehicle each passenger seat must have a position illuminating light.
9.	Airconditioning	No air condition	No air condition	Necessary	Necessary
10.	Television	No television	There must be a Minimum of two pieces of Television (for large bus)	There must be a Minimum of two pieces of Television (for large bus)	There must be a Minimum of two pieces of Television (for large bus)
11.	Radio and radio cassette	optional	The vehicle must be equipped with radio and radio cassette	The vehicle must be equipped with radio and radio cassette	The vehicle must be equipped with radio and radio cassette
12.	Microphone	Necessary	Necessary	Necessary	Necessary
13.	Window curtain	Optional	Necessary	Necessary	Necessary
14.	Toilets/restroom	No toilet services	No toilet services	No toilet services	Necessary
15.	Heater	Optional	Optional	Optional	There must be a heater for boiling water or making hot drinks such as coffee, tea etc.
16.	Fridge or cooler box	Optional	Optional	Optional	There must be a fridge or cooler box
17.	Soft drinks	Optional	Optional	Optional	There must be a supply of soft drinks

Fourth Schedule (Made under regulation 34)

Specimen of a manifest for a public service transport

Fifth Schedule (Made under regulation 45)

Offences and penalties compounded by SUMATRA

No.	Nature of offences	Regulation	Compounded amount
Offences for all public service vehicles
1.	Operating a public service vehicle without a valid licence.	4	250,000/=
2.	Failure to display a licence in the conspicuous place on the left side of the wind mirror of the vehicle.	18	100,000/=
3.	Failure to comply with performance indicators issued by the Authority.	19(1)	100,000/=
4.	Failure of a body corporate issued a licence to furnish the Annual Performance Report to the Authority.	19(2) (a)	100,000/=
5.	Failure to use Emergency Road Service Permit to substitute a broken down vehicle to transport passengers.	22 (1)	100,000/=
6.	Operating a public service vehicle which is not a road worthy	23 (i)	—
7.	Failure to observe the maximum limited number of passengers and observe carriage capacity.	23 (ii)	250,000/=
8.	Allowing one driver to drive a public service vehicle continuously for more than eight hours	23 (iii)	250000/=
9.	Operating a public service vehicle without fitting a first aid kit at a conspicuous place which contains specified medicine and other requirements	23 (v)	100,000/=
10.	Failure to keep dustbin and dispose of garbage in the designated area.	23 (vi)	100,000/=
11.	Deploying unregistered crew	23 (vii)	100,000/=
12.	Failure to meets the specified class standards of a public service vehicle as prescribed.	23 (viii)	250,000/=
13.	Deploying a Driver who is not certified by the Authority	23 (ix)	250,000/=
14.	Failure to use approved authorized electronic ticketing system	23 (x)	250,000/=
15.	Failure to comply with these Regulations, Road Traffic Act and other written laws.	23 (iv)	100,000/=
Offences for commuter/urban public service vehicles
16.	Operating the public service vehicle without a colour code in the manner determined by the Authority.	24 (iii)	100,000/=
17.	Operating a public service vehicle without writing approved fare by the Authority near the entrance door	24 (iv)	100,000/=
Offences for inter-city and inter-national public service vehicles
18.	Operating an inter-city or inter-national public service vehicle without being fitted with a special vehicle tracking device.	25 (iii)	250,000/=
19.	Operating a public service vehicle without clean and functioning safety belts.	25 (v)	100,000/=
20.	Failure to operate a public service vehicle on the specified route as indicated in the licence.	25 (vii)	100,000/=
21.	Operating the inter-national public service vehicle registered in another country as a local public service vehicle.	26	250,000/=
Offences for school bus
22.	Operating a school bus which does not meet the standards stipulated under the Standards, Terms and Conditions for Provision of Public Transport Services	27 (a)	250,000/=
23.	Operating a school bus which is not painted in yellow colour code Rgb (255,255,0) and printed with words “School Bus” or “Basi la Shule”.	27 (c)	100,000/=
General offences for public service vehicle
24.	Charging fare more than the rate approved by the Authority.	31	250,000/=
25.	Failure to refund the passenger upon cancellation of ticket within specified time.	33 (3) & (4)	100,000/=
26.	Failure to provide transport to a passenger who is issued a ticket in accordance with terms and conditions stated in the ticket and timetable.	35	100,000/=
27.	Charging a passenger’s luggage which does not exceed twenty kilograms.	37 (1) (a)	100,000/=
28.	Failure to transport free of charge any device used to facilitate movement of physically challenged passengers	37 (1) (b)	100,000/=
29.	Failure to tag passenger’ luggage and provide him with a luggage identity tag bearing the name of the passenger and the final destination.	39	100,000/=
30.	Failure to notify the Authority on non-operation of a public service vehicle within thirty days	50	100,000/=
31.	Using a public services vehicle with a non-operating vehicle tracking device	51	250,000/=
32.	Painting or fixing an advert in a public service vehicle which interferes with route colour code determined by the Authority.	55	100,000/=
33.	Failure to provide information to the Authority on the change of office address and any other information provided during the application of a licence	56	100,000/=

Sixth Schedule (Made under regulation 46)

Notification and compliance form for licensee

History of this document

03 December 2021 amendment not yet applied

Amended by Transport Licensing (Public Service Vehicles) (Amendment) Regulations, 2021

07 February 2020 this version

Published in Gazette of the United Republic of Tanzania 6

Commenced

28 January 2020

Assented to

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Transport Licensing (Public Service Vehicles) Regulations, 2020

Government Notice 76 of 2020

Transport Licensing (Public Service Vehicles) Regulations, 2020

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Transport Licensing (Public Service Vehicles) Regulations, 2020

Government Notice 76 of 2020

Part I – Preliminary provisions

1. Citation

2. Application

3. Interpretation

Part II – Application and grant of licence

4. Eligibility for application of licence

5. Procedures for application of licence

6. Eligibility for application of licence for a school bus

7. Procedures for application of school bus licence

8. Requirements for issuance of licence

9. Categories and validity of road service licence

10. Regular road service licence

11. Short term licence

12. Exclusive licence

13. Licence fee and other charges

14. Consideration of application and grant of licence

15. Refusal to issue licence

16. Contents of licence

17. Display of licence

18. Quality evaluation system

19. Renewal of licence

20. Loss or destruction of licence

21. Emergency road service permit

Part III – Conditions of licence

22. Basic conditions of licence for public service vehicle

23. Conditions of licence for urban public service vehicle

24. Conditions of licence for inter-city or inter-national public service vehicle

25. Restriction to cabotage

26. Conditions of licence for school bus

Part IV – Suspension or revocation of licence

27. Power of Authority to suspend licence

28. Procedure for suspension

29. Revocation of licence

Part V – Issuance of ticket and luggage handling

30. Charging of approved fare

31. Booking of ticket

32. Issuance of ticket

33. Duty to prepare manifest

34. Right of licensee to demand approved fare

35. Obligation to provide transport

36. Pupil and child’s fare

37. Charging of luggage

38. Duty to declare carried items

39. Duty to tag passenger’s luggage

Part VI – Issuance and use of timetable, log book and fare chart

40. Issuance and use of timetable, log book and fare chart

41. Duty to adhere to authorized route and timetable

Part VII – Offences and penalties

42. Offences and penalties

43. Power to compound offences

44. Compounding of offences

45. Notification of offence

46. Mode of payment and default

47. Failure to pay compounded amount

48. Non admission of offence

49. Impounding of vehicle

Part VIII – General provisions

50. Duty to report non-operation of a public service vehicle

51. Duty to install and maintain Vehicle Tracking Device

52. Restriction of certain types of vehicle operations

53. Items left in public service vehicle

54. Power to stop and inspect vehicle

55. Painting and adverts on public service vehicle

56. Duty to provide information

57. Duty to search for information

58. Disposal of motor vehicle

59. Review

60. Revocation

61. Transition and savings

First Schedule (Made under regulation 4)

Application for a road service licence

Second Schedule (Made under regulations 6, 8 and 14)