The Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew Regulations, 2020

Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) GOVERNMENT NOTICE NO. 80 published on 7/2/2020 THE LAND TRANSPORT REGULATORY AUTHORITY ACT, (CAP. 413) _________ REGULATIONS _________ (Made under section 45) _________ THE LAND TRANSPORT REGULATORY AUTHORITY (CERTIFICATION OF TRAIN DRIVERS AND REGISTRATION OF TRAIN CREW) REGULATIONS, 2020 ARRANGEMENT OF REGULATIONS Regulations Title PART I PRELIMINARY PROVISIONS 1. Citation. 2. Application. 3. Interpretation. CERTIFICATION OF TRAIN DRIVERS PART II 4. Certification of drivers. PART III PROCEDURE FOR OBTAINING CERTIFICATE 5. Application for certificate. 6. Issuance of certificate. 7. Certification Committee. 8. Functions of Certification Committee. 1 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) 9. Issuance of certificate of competence. 10. Renewal of certificate. 11. Certification fees. 12. Transit permit. 13. Demerit points. 14. Suspension or cancellation of certificate of competence. 15. Renewal of certificate of competence. 16. Certificate of competence not transferable. PART IV REGISTRATION OF TRAIN CREW 17. Application for registration. 18. Requirements for registration. 19. Issuance of registration card. 20. Transfer of registration card. 21. Loss of registration card. PART V TERMS AND CONDITIONS FOR TRAIN CREW 22. Terms and conditions for train driver and train guard. 23. Prohibited conduct. 24. Offences and penalties. ________ SCHEDULES ________ 2 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) THE LAND TRANSPORT REGULATORY AUTHORITY ACT, (CAP. 413) REGULATIONS (Made under section 45) THE LAND TRANSPORT REGULATORY AUTHORITY (CERTIFICATION OF TRAIN DRIVERS AND REGISTRATION OF TRAIN CREW) REGULATIONS, 2020 PART I PRELIMINARYPROVISIONS Citation 1. These Regulations may be cited as the Land and (Registration Transport Regulatory Authority Certification of Crew) Regulations, 2020. Application 2. These Regulations shall apply regulated sectors as construed under these Regulations. to crew of Interpretation Cap.413 Cap.413 3. In these Regulations, unless the context otherwise requires- “Act” means the Land Transport Regulatory Authority Act; the Land Transport Regulatory “Authority” means under section 4 of the Act; Authority established “Certificate of competence” means a permit issued by the Authority to a train driver of a regulated sector. “certificate” means a permit granted to a train driver; “Certification Committee” means a committee responsible for certification under regulation 7; of train drivers established “crew” means a train driver, train guard, train conductor and coach attendant; “demerit point system” means a system of penalizing drivers of train for violating provisions of train 3 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) working Rules by assigning points for each type of violation and revoking or suspending the driver’s certificate if a certain number of points are accrued; Cap.413 “Director General” means the Director General of the Authority appointed under section 15 of the Act; Cap.95 “medical practitioner” means a medical practitioner registered with the Medical Council of Tanganyika; “narcotic substance” has the meaning assigned to that expression under the Drugs and Prevention of Illicit Traffic in Drugs Act; “officer of the Authority” means director, manager or any other officer authorised by the Authority; “passenger” means any person who is traveling in a train, who possesses a valid train ticket and includes a child of apparent age of not more than five years travelling in a train; “time table” means a document issued by the railways authority prescribing time of departure and arrival of train at different stations in a specified route; “train driver” a certified person who operates a train; and “train” includes a locomotive, a shunting locomotive, rail car, motor trolley when given operating number and permit to occupy a railway section. PART II CERTIFICATION OF TRAIN DRIVERS Certification of drivers 4.-(1) A person shall not drive a train without being certified by the Authority. (2) A driver of cross border train to Mainland Tanzania shall ensure that he possesses - (a) a certificate of competence the Authority in accordance with these Regulations; or issued by (b) a certificate of competence issued by a relevant authority from the respective country. 4 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) PART III PROCEDURE FOR OBTAINING CERTIFICATE Application for certificate 5.-(1) A person who intends to be certified by the Authority as a train driver shall submit an application to the Authority in a form prescribed in the First Schedule. (2) The application under sub-regulation (1), shall be accompanied with: (a) a certified copy of birth certificate or any relevant document for proof of birth; (b) a certified copy of Certificate of Secondary Education Examination (CSEE) or its equivalent; (c) a certified copy of a basic training in locomotive driving from a recognized railway institute; (d) proof of completion of at least two years practical and internship training in railway operations; (e) proof of payment of certification fees; and (f) a recent medical examination report from a medical practitioner. (3) Notwithstanding sub-regulation (1) a train driver who - (a) has completed basic training in locomotive driving; and (b) possesses experience of not less than five years in locomotive driving, shall submit an application to the Authority as may be prescribed by the Authority. Issuance of certificate 6.- The Authority shall, where it is satisfied that the these Regulations are application requirements under complied with, issue a certificate bearing the following - (a) name and address of the certified train driver; (b) duration of the certificate; and (c) conditions of the certificate. 5 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) Certification Committee 7.-(1) The Director General shall establish a Certification Committee which shall consist of three members as follows- (a) a certified railway assessor; (b) a certified locomotive inspector; and (c) a qualified psychologist or a medical doctor. (2) The tenure of the members of the Committee shall be three years and may be renewed once. (3) The Authority shall prepare certification guidelines that will enable the committee perform its functions under these Regulations. Functions of Certification Committee 8.- The functions of the Certification Committee shall be as follows: (a) determination of applications for certification of train drivers; (b) preparation of assessment report and submit to the Director General; and (c) performing any other to certification of Train drivers as may be directed by the Director General. function relating Issuance of certificate of competence 9.-(1) The Authority shall, where it is satisfied that the application requirements under these Regulations are complied with, issue a certificate of competence. (2) The certificate of competence issued under this regulation shall: (a) be in a form prescribed in the Second Schedule; and (b) contain one hundred (100) merit points as prescribed in the Fifth Schedule. (3) A certificate of competence issued under this regulation shall be valid for a period of two years. Renewal of 10.-(1) A driver who intends to renew a certificate of 6 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) certificate competence may apply to the Authority within sixty days prior to the expiry date. (2) The application for renewal of a certificate shall be accompanied with: (a) proof of payment of certification fees; and (b) a recent medical examination report from a medical practitioner. Certification fees 11.- An applicant for a certificate shall pay to the Authority fees as set out in the Third Schedule. Transit permit 12.-(1) Any driver who intends to cross border to Tanzania shall submit online application in a prescribed form under the Fourth Schedule. (2) Notwithstanding regulation 5, the Authority may issue a transit permit to cross border train in accordance with bilateral or regional agreement. Demerit points 13.-(1) A driver of a train shall be subjected to a Suspension or cancellation of certificate of competence demerit point system set out in the Fifth Schedule. (2) The Authority shall record demerit points accumulated from the train driver’s misconduct for the period of two years. (3) The points to be deducted from the certificate of competence shall be as prescribed in the Fifth Schedule. 14.-(1) Where a train driver contravenes these Regulations the Authority may suspend or cancel his certificate of competence in a manner prescribed in the Fifth Schedule. (2) Notwithstanding sub-regulation (1), the Authority shall, issue to the train driver a notice of seven days to show cause why the certificate shall not be suspended or cancelled. (3) Where the Authority is not satisfied with train driver’s explanations, it shall suspend or cancel the certificate of competence of the train driver. (4) A train driver whose certificate of competence is 7 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) suspended or cancelled shall- (a) in the case of a suspended certificate, not drive any train for a prescribed period of suspension; and (b) in the case of a cancelled certificate, cease to operate any train for the period of one year from the date of cancellation, and shall, in addition, the immediately surrender Authority. the certificate to (5) A person who is aggrieved by the decision of the Authority may, within fourteen days of such decision apply for review in accordance with the Act. Renewal of certificate of competence 15.-(1) A train driver who intends to renew a certificate of competence may, within sixty days prior to the expiry date, apply to the Authority. (2) The application for renewal of a certificate shall be accompanied by- (a) a copy of the expiring certificate of competent of the applicant; (b) proof of payment of certification prescribed in the Third Schedule; and fees as (c) a recent medical examination report from a qualified medical practitioner. Certificate of competence not transferable 16.- The certificate of competence issued under these Regulations shall not be transferred to any person. PART IV REGISTRATION OF TRAIN CREW Application for registration 17.- A person who intends to work as crew in a train shall apply for registration to the Authority in the form prescribed in the Sixth Schedule. 8 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) Requirements for registration 18.- An application for registration as crew shall be accompanied with- (a) a letter from the employer; Issuance of registration card (b) a recent medical examination report from the medical practitioner; and (c) a certified copy of a certificate of attendance in a relevant field. 19.- Where the Authority- (a) is satisfied that the provisions of regulation18 have been complied with, the Authority shall issue a registration card inthe manner set out in the Seventh Schedule; or (b) refuses to grant an application for registration, the Authority shall notify the applicant. Transfer of registration card 20. The registration card issued under these Regulations shall not be transferred to any person. Loss of registration card 21. Where a registration card issued under these Regulations is lost, mutilated or destroyed, the Authority may, issue a duplicate of the certificate. PART V TERMS AND CONDITIONS FOR TRAIN CREW 22.A train driver and train guard shall- (a) adhere to specified speed limits; Terms and conditions for train driver and train guard (b) ensure that all doors are closed before moving the passenger train; and . 9 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) (c) maintain a time table. Prohibited conduct 23. A crew shall, while on duty shall- (a) not carry passengers in excess of the maximum number stated in the coach capacity; (b) maintain a log book and time table; (c) wear employer’s identity card; (d) wear employer’s uniform; (e) not work under the influence of alcohol or any other narcotic substance; (f) obey lawful order of the officer of the Authority; and (g) not use hostile and abusive language to passengers. Offences and penalties 24-(1) A train guard, train conductor and coach attendant who contravenes or fails to comply with these Regulations commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand but not exceeding one hundred to imprisonment of not less than one month but not exceeding one year, or to both, fine and imprisonment. shillings or thousand (2) A driver who contravenes or fails to comply with these Regulations commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand but not exceeding two hundred thousand shillings and will be subjected to demerit points system set out in the Fifth Schedule; or imprisonment of not less than three months but not exceeding one year, or to both, fine and imprisonment. ___________ SCHEDULE __________ 10 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) FIRST SCHEDULE ___________ (Made under regulation 5(1)) ___________ TRAIN DRIVING CERTIFICATE APPLICATION FORM Passport size photo PART 1: Applicant’sDetails 1.1. 1.2. 1.3. Surname:………………………………………………………………………….. Name(s):…………………………………………………………………………. Sex: Male: …………… Female:……………………. Date of birth (DD-MM-YYYY):……………………………………............................................... 1.4. 1.5. 1.6. 1.7. 1.8. a. c. Place of birth:……………………………………………………… Nationality:………………………………………………………... Language spoken……………………………………………………… Postal address…………………………………………………. Application for: Firstissue:…………… Renewal:……………. b. Replacement:…………………………. NIDA Identification Number:…………………………………………………………………………………… Date of first issue………………………………… Expiry date:…………………………………………………….. PART 2:List of documents to be appended 11 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) (a) a certified copy of birth certificate or any relevant document for proof of birth; (b) a certified copy for successful completion of at least secondary school education; (c) a certified copy of a successful completion of basic (d) training in locomotive driving from a recognized railway institute; (e) proof of completion of at least two years practical and (f) internship training in railway operation; (g) proof of payment of certification fees; and (h) a recent medical examination report from a medical practitioner PART 3 Declaration I hereby declare that to the best of my knowledge that all the information provided in this application is true. Applicant’s Signature …………………………….. Date……………………… 12 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) ________ SECOND SCHEDULE _________ (Made under regulation 9 (2) (a)) ________ Certificate of competence The United Republic of Tanzania Land Transport Regulatory Authority (LATRA) CERTIFIED TRAIN DRIVER Passport size photo Drivers Name:: ……………………………………. Staff ID No. ………………………………… Department: ……………………………. CERTIFICATION: ………………………………………………………………………… ………… Date of Issue ………………….. Expiry Date …………………. Signature …………………………….. Serial No. …………………………… Director General 13 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) THIRD SCHEDULE (Made under regulation 11) __________ Application Fee S/N 1. 2. Partic ular Applic ation Fee Replac ement Fee Amount(Tshs) 60, 000 /- 80, 000 /- Note: These fee items are paid per the term of the certification 14 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) _______ FOURTH SCHEDULE ________ TRANSIT PERMIT __________ (Made under regulation 12(1)) Passport size photo Application Form – Transit Permit for Train Driver Part 1. Personal Details 1. First Name(s) ………………………………………….. 2. Surname ……………………………………………….. 3. Postal Address…………………………………………. Town/City……………………………………………… 4. Nationality……………………………………………... Place of Birth…………………………………………... Date of birth Day………Month ………………Year………………………….. 5. Gender: MaleFemale Part 2. Other Information Telephone number……………………………………….………………….. Email………………………………………………………………….……… Purpose of the visit…………………………………………………………… Destination ………………………………Country …………………………. Duration of stay in days …………………………………………………….. Entry date ………………………………Expected return date……………… Employer’s………………………………………………………………………. Employer’s Contact Address…………………………Tel. No………………………… Part 3. License Details 1. Driver’s Certificate number …………………………………………..…………… 15 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) 2. Issuing Authority…………………………………………………………………….. 3. Date issued ……..…………………………………………..……………………….. 4. Expiry date……………………………………………………………………... Part 4. Declaration I hereby declare that to the best of my knowledge that all the information provided in this application is true. Applicant’s Signature …………………………….. Date…………………………… ________ FIFTH SCHEDULE _________ DEMERIT POINTS _________ Made under regulation 9(2) (b),13(1)(3) and 14(1)) ________ 1. In these Regulations, “Accumulated demerit points” means the total demerit points in a driver’s record acquired as a result of offences committed within any period of two years. 2. The authority shall take the following decision in relation to accumulated demerit points: (a) suspend for the period of three months Driver’s Certificate of competenceof the driver who’s accumulated demerit points are between forty and fiftypoints; (b) suspend for the period of six months Driver’s Certificate of competenceof the driver who’s accumulated demerit points are between thirty andforty; (c) revoke Driver’s Certificate of competenceof the driver whose accumulated demerit points are below thirty;and (d) any driver whose Certificate of competence has been revoked, shall not 16 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) be allowed to apply for the same certificate within the period of twoyears. 3. A table indicating type of offences and number of points attached to each offenceis here under: S/N NATURE OF OFFENCE NUMBER OF DEMERIT POINTS 1. Driving under the influence of alcohol or any other narcotic 2. 3. 4. 5. 6. 7. 8. 9. substances exceeding set limit. Driving above sectional running speed Failure to observe and obey safety signs and signals Driving the train while passenger’s door is open Improper filling of the logbook Driving a train without a line clear ticket Blocking or obstructing intentionally other traffic at level Crossings Driving a train without carrying safety protective equipment Driving a train without carrying a certificate of competence Total Demerit Points 20 15 15 10 10 10 10 5 5 100 17 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) _________ SIXTH SCHEDULE __________ (Made under regulation 17) ___________ APPLICATION FORM FOR TRAIN CREW REGISTRATION PART 1: Applicant’sDetails Passport size photo 1.9. 1.10. 1.11. Surname:……………………………………………. Name(s):………………………………………. Sex: Male: ……….Female:………………….. 1.12. Date of birth (DD-MM- YYYY):………………………… 1.13. 1.14. 1.15. Place of birth:………………………………… Nationality:………………………………. Language spoken………………………… Applicant Physical address ……………………………………. NIDA Identification Number:………………………. Date of first issue(YYYY-MM-DD):……… Expiry date:…………………………………. PART 2: List of documents to be appended (a) a letter from the employer; (b) a recent medical examination report from the medical practitioner; and (c) a certified copy of a certificate of attendance in a relevant field. PART 3 Declaration 18 Land Transport Regulatory Authority (Certification of Train Drivers and Registration of Train Crew) GN. No. 80 (contd.) I hereby declare that to the best of my knowledge that all the information provided in this application is true. Applicant’s Signature …………………………….. Date…………………………… _______ SEVENTH SCHEDULE ________ Crew Registration Card _________ (Made under regulation 19) The United Republic of Tanzania Land Transport Regulatory Authority (LATRA) REGISTERED TRAIN CREW Staff Name: ……………………………………. ………………………………… ……………………………. Staff ID No. Department : CERTIFICATION: The bearer of this card is a registered …………… as per LATRA requirements. ………………….. Date of Issue Expiry Date …………………. Signature …………………………….. Serial No. …………………………… Director General ISACK A. KAMWELWE, Dodoma, 28th January, 2020 Minister for Works, Transport and Communication 19