Tanzania Act or statute

Parliament of Tanzania

The Transport Licensing Act

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Jurisdiction: Tanzania
Structure: 52 provisions
Citation: The Transport Licensing Act
Dates: Undated source snapshot

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Purpose and legislative effect

“This section gives the Act its short title and lets the Minister suspend the operation of a provision of the Act.”

This section gives the Act its short title and lets the Minister suspend the operation of a provision of the Act. The Minister may suspend the operation of all or part of this Act, for Mainland Tanzania or any area of it, by Gazette order if he considers it expedient or desirable. This section defines terms used in the Act and limits appointing authorities from exercising functions over licensing authorities other than the one they appoint. This section sets up central and regional transport licensing authorities, sets how they are appointed, and gives rules for membership, quorum, staffing, and procedure. The Minister must appoint a public officer to serve as the Secretary of the Authority.

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Short title

This section gives the Act its short title and lets the Minister suspend the operation of a provision of the Act.

Section 1

Road service licence

A road service licence lets the holder use the authorised vehicle to carry passengers and baggage for hire or reward, and a licensing authority may allow goods carriage subject to conditions.

Section 14

Licensing authority to give reasons for refusal of licence

If an applicant asks, the licensing authority must give written reasons when it refuses a licence, gives a different licence, or adds conditions the applicant does not accept.

Section 28

Decision on appeal to be final

Decisions by the Minister or a Regional Commissioner on appeals under section 38 are final and cannot be reviewed by any court.

Section 40

Repeal

This section repeals the Transport Licensing Ordinance, with savings.

Section 53

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Showing 52 of 52 provisions

Provision 31Offence 11Repeal 4Interpretation 2

§ 1Short titleShort title

This section gives the Act its short title and lets the Minister suspend the operation of a provision of the Act.

1. This Act may be cited as the Transport Licensing Act. Minister may suspend operation of provision of this Act

Section 1Verify source

§ 2Minister may suspend operation of provision of this ActInterpretation

The Minister may suspend the operation of all or part of this Act, for Mainland Tanzania or any area of it, by Gazette order if he considers it expedient or desirable.

2. The Minister may, if he considers it expedient or desirable so to do, by order in the Gazette, suspend the operation of any or all of the provisions of this Act either as to Mainland Tanzania as a whole or as to any area or areas of Mainland Tanzania. Interpretation Act No. 3 of 2009 s. 41

Section 2Verify source

§ 3InterpretationInterpretation

This section defines terms used in the Act and limits appointing authorities from exercising functions over licensing authorities other than the one they appoint.

3.–(1) In this Act, unless the context otherwise requires- “appointing authority” means, in the case of the Central Licensing Authority, the Minister, and in the case of a Regional Licensing Authority, the Regional Commissioner of the region for which the Authority is established; “authorised vehicle” means a vehicle authorised to be used under a licence issued under the provisions of this Act; “carriage of goods” includes the haulage of goods; “carrier’s licence” means a licence granted under this Act in respect of a goods vehicle; 720 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] “Central Licensing Authority” means the Central Transport Licensing Authority established by section 4; “driver” in relation to a trailer, means the driver of the vehicle by which the trailer is drawn, and where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and the expression “drive” shall be construed accordingly; “fares” includes sums payable in respect of a contract ticket or a season ticket; “goods” includes goods or burden of any description; “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or a trailer so constructed or adapted, whether used or constructed or adapted solely for that purpose or not; “licence” means a licence granted under this Act; “licensing authority” means a licensing authority established under section 4 and, unless the context otherwise requires, a person to whom powers have been delegated under section 7; and in relation to an application for, or an objection to, or a grant of, or refusal to grant, a licence references in this Act to a licensing authority shall be construed as a reference to the licensing authority having jurisdiction under section 19 or section 20 to entertain such application or objection and to any person or authority to whom such jurisdiction has been delegated; “member” when used in relation to a licensing authority, includes the Chairman and Deputy Chairman; “Minister” means the Minister responsible for transport; “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads and includes motorcycle and tricycle; “officer in charge of police” has the meaning assigned to it in section 2 of the Police Force and Auxiliary Services Act; 721 3 of 2009 s. 41 Cap. 322 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Cap. 303 “owner” in relation to a vehicle which is the subject of hiring agreement or hire purchase agreement means the person in lawful possession of the vehicle under that agreement; the Postmaster General appointed under section 6 of the Tanzania Posts Corporation Act; “Postmaster-General” means “public interest” means the interest and convenience of the people of the United Republic resident in the United Republic; “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 purpose or not; “Regional Licensing Authority” means a Regional Transport Licensing Authority established by section 19; “road” means the carriageway or portion of any road to which the public has right of access for vehicular traffic being that portion commonly in use for vehicular traffic, and includes the portion of any bridge used for that purpose; “road authority” means the officer or body of persons or the duly authorised representative of such officer or body of persons in whom the responsibility for the maintenance of any particular road or roads is vested; “road service licence” means a licence granted under this Act in respect of a public service vehicle; “trailer” means a vehicle drawn by a motor vehicle; “urban area” means an area declared to be an urban area for the purpose of this Act by the Minister. (2) This Act shall not be construed as conferring upon an appointing authority the right to exercise his functions under this Act in relation to any licensing authority other than the licensing authority in respect of which he is the appointing authority. 722 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Establishment of licensing authorities Acts Nos. 19 of 1979 s. 2 12 of 1999 s. 3 PART II LICENSING AUTHORITY

Section 3Verify source

Part

PART II

§ 4Establishment of licensing authoritiesProvision

This section sets up central and regional transport licensing authorities, sets how they are appointed, and gives rules for membership, quorum, staffing, and procedure.

4.–(1) There shall be established a Central Transport Licensing Authority and also, for every region in Tanzania a Regional Transport Licensing Authority. (2) A licensing authority shall consist of a Chairman, a Deputy Chairman and one other member. (3) The members of the Central Licensing Authority shall be appointed by the Minister and the Members of a Regional Licensing Authority shall be appointed by the Regional Commissioner of the region for which the Authority is established. (4) Notwithstanding the provisions of subsection (3) and any other written laws, where an urban local government authority is established within the region that urban local government authority shall be the licensing authority in respect of all commuter buses plying within the jurisdiction of that urban local government authority. (5) Each member of a licensing authority who is appointed under subsection (3) shall, unless the appointing authority otherwise directs, be required to devote the whole of his time to the duties of his office and shall hold office for such term as the appointing authority may determine at the time of his appointment and shall be eligible for re-appointment on the expiration of his term of office. (6) Where a member of a licensing authority is absent from Tanzania or is unable to perform his duties for any reason, the appointing authority may appoint another person to be a temporary member of the licensing authority to perform and discharge the functions of such person for the period during which such person is so absent or disabled from acting. (7) Subject to such exceptions as the Minister may allow, no person holding a carrier’s licence or road service licence or having an interest in any company, firm, partnership, 723 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] association or any other body or concern holding such a licence shall be eligible for appointment under this section as a member of a licensing authority. (8) Every licensing authority shall sit on such occasions and at such places as it may in its discretion determine. (9) The business of a licensing authority shall be conducted in such manner as may be prescribed: Provided that, until such procedure has been prescribed a licensing authority shall conduct its business in such manner as it shall determine. (10) The appointing authority may authorise the appointment of such staff as shall appear to him to be necessary for the discharge of the functions of the licensing authority in respect of which he is the appointing authority. (11) Two members of a licensing authority appointed in accordance with this section shall form a quorum, and where in any provision of this Act any duty is imposed, or any power given, to a licensing authority, such duty shall be deemed to be discharged and the owner shall be deemed to be exercised in accordance with such provision when discharged or exercised by any two members and any act or omission of such members shall be deemed to be the act or omission of the licensing authority.

Section 4Verify source

§ 5SecretaryProvision

The Minister must appoint a public officer to serve as the Secretary of the Authority.

5. The Minister shall appoint a public officer to be the Secretary of the Authority. [4A]

Section 5Verify source

§ 6Powers of licensing authority may be exercised by delegateProvision

The appointing authority may let the licensing authority’s power to grant a short-term licence be exercised by a District Commissioner or another appointed authority in a specified area, if it considers that desirable.

6.–(1) Where in the opinion of the appointing authority it is desirable so to do, the appointing authority may direct that the power of the licensing authority under section 14 to grant a short term licence for the purpose of the execution of a particular piece of work may be exercised in any area by the District Commissioner having jurisdiction over such area, or by such other licensing authority or public officer or other authority as the appointing authority may appoint in that behalf. 724 Secretary Act No. 19 of 1979 s. 3 Powers of licensing authority may be exercised by delegate ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (2) Where a direction under subsection (1) is given to the District Commissioner, the authority or the public officer appointed by the appointing authority, shall be deemed to be the licensing authority, for purposes of granting a short term licence for the execution of a particular piece of work. (3) Notwithstanding the provisions of section 13, where a short term licence is granted by a person authorised to do so by this section, the licence shall expire on the completion of the work specified therein and no person or authority authorised by this section to grant the licence shall, without the approval of the appointing authority, grant the licence in respect of the same vehicle more than once in any month. [ 5 ] Transfer of powers and functions Acts Nos. 9 of 2001 s. 51 3 of 2019 s. 56 Cap. 413

Section 6Verify source

§ 7Transfer of powers and functionsProvision

This section transfers the regulatory powers and functions of the Minister and the licensing authority to the regulatory authority, and defines that regulatory authority for this section.

7.–(1) Notwithstanding anything contained in this Act, all the regulatory powers and functions vested in the Minister and in the licensing authority are hereby transferred to the regulatory authority. (2) For purposes of this section, “regulatory authority” means the Land Transport Regulatory Authority established under section 4 of the Land Transport Regulatory Authority Act. [s. 5A] Licensing authority may sit with assessors in certain cases

Section 7Verify source

§ 8Licensing authority may sit with assessors in certain casesProvision

A licensing authority may sit with assessors when considering a licence application, but if it disagrees with an assessor it must record that assessor’s opinion. Certain licence holders and people with interests in licence-holding entities are generally not eligible to sit as assessors, unless the Minister allows an exception.

8.–(1) A licensing authority may, in its discretion, when considering an application for a licence sit with such number of assessors as it may deem expedient and such assessors shall be chosen from a panel of assessors to be kept by the licensing authority. (2) Where the licensing authority sits with assessors, it shall not be bound by the opinion of the assessors but if the licensing authority disagrees with the opinion of an assessor it shall record the opinion of that assessor. (3) Subject to such exceptions as the Minister may allow, no person holding a carrier’s licence or a road service licence or having an interest in any company, firm, partnership, association or any other body or concern holding such a licence shall be eligible to sit as an assessor. [s. 6] 725 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Licensing to be under hand of licensing authority

Section 8Verify source

§ 9Licensing to be under hand of licensing authorityProvision

Licences granted under this Act must be signed by one of the members of the licensing authority.

9. All licences granted under this Act shall be under the hand of one of the members of the licensing authority granting the same. [s. 7] Licensing authority to submit report Liability for proceedings of licensing authority Cap. 16 Cap. 76

Section 9Verify source

§ 10Licensing authority to submit reportProvision

Every licensing authority must submit an annual report to the Minister.

10. Every licensing authority shall submit to the Minister an annual report of the proceedings transacted by it. [s. 8]

Section 10Verify source

§ 11Liability for proceedings of licensing authorityProvision

A licensing authority and its members, officers, or servants are not personally liable for acts or omissions done in good faith during the authority’s proceedings under this Act.

11. Without prejudice to the provisions of section 284A of the Penal Code or the Public Officers (Recovery of Debts) Act, neither a licensing authority nor any member, officer or servant of a licensing authority shall be personally liable for any act or default which is done or omitted to be done in good faith in the course of the proceedings of the licensing authority under the provisions of this Act. [s. 9] PART III LICENCES Licensing of vehicles Acts Nos. 19 of 1979 s. 4 17 of 1996 Sch. 13 of 2005 s. 16 13 of 2016 s. 35 3 of 2019 s. 57

Section 11Verify source

Part

PART III

§ 12Licensing of vehiclesOffence

A person generally may not use certain vehicles for hire or reward, or for specified business carriage, unless licensed.

12.–(1) Subject to the provision of subsection (6), and section 13 a person shall not except under and in accordance with the terms of a licence- (a) use a goods vehicle or a public service vehicle for the carriage of goods for hire or reward or in connection with any trade or business carried on by him; (b) use for hire or reward a public service vehicle for the conveyance of any person. (2) When a goods vehicle is being used on a road for the carriage of goods or a motor vehicle is being used for the carriage of persons, the driver of the vehicle, if it belongs to him or is in his possession under an agreement for hire purchase or loan, and, in any other case, the person in whose ownership or possession the vehicle is, shall for purposes of this Act be deemed to be the person by whom the vehicle is being used. 726 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (3) Where at any time goods are carried in a goods vehicle or passengers are carried in a motor vehicle, being a vehicle which has been let on hire by the person who, at the time of the carriage of the goods or passengers, is within the meaning of this Act the user of the vehicle, the goods or passengers, shall be deemed to be carried by that person for hire or reward. (4) It is hereby declared that, for purposes of this Act, the performance by a local authority of its functions shall be deemed to be the carrying on of a business. (5) This section shall not apply to- (a) the use of a vehicle for the purpose of funerals; (b) the use of a vehicle for ambulance purposes; (c) the use by a local authority or a person acting in pursuance of a contract with a local authority, of a vehicle for road cleansing, road watering or the collection or disposal of refuse, night soil or the contents of cesspits; (d) the use of a vehicle for towing a disabled motor vehicle or for removing goods from a broken-down vehicle to a place of safety; (e) the use of a vehicle owned by or in the possession of the Government; (f) the use of goods vehicles; (g) the use of a vehicle with a tare weight not exceeding one ton by the owner of such vehicle for the carriage of goods owned by him; and (h) the use of non-public vehicles. (6) Where a person uses a motor vehicle in contravention of this section commit an offence and on conviction, shall be liable in the case of first offence, to a fine of two hundred thousand shillings and in the case of second or subsequent offence, to a fine of not less than two hundred and fifty thousand shillings but not exceeding five hundred thousand shillings, and in addition thereto, the court may, in the case of a third or subsequent offence, order the forfeiture of the vehicle in relation to which the offence is committed, whether or not the previous offences where committed in relation to the same vehicle. [s. 10] 727 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Identification marks on vehicles used for business Act No. 17 of 1996 Sch. 13 of 2005 s. 17 Road service licence 13 of 2005 s. 18

Section 12Verify source

§ 1314. Road service licenceProvision

Vehicles authorised to carry passengers or used in connection with a trade or business must display registered black identification marks on a white plate.

13. A vehicle authorised for carriage of passengers or in connection with any trade or business shall be identified by registered black identification marks on a white plate. [s. 11]

Section 13Verify source

§ 14Road service licenceProvision

A road service licence lets the holder use the authorised vehicle to carry passengers and baggage for hire or reward, and a licensing authority may allow goods carriage subject to conditions.

14.–(1) There shall be granted under the provisions of this Act a road service licence in respect of the public service vehicle. (2) A road service licence shall entitle the holder thereof to use the authorised vehicle for the carriage for hire or reward of passengers and their baggage: Provided that, a licensing authority may, in its discretion and subject to such conditions as it may impose in a road service licence, permit the holder of that licence to carry goods. (3) The vehicles authorised to be used under a licence shall be- (a) such motor vehicles, being vehicles belonging to the holder of the licence or in his possession under a hire purchase agreement, as are specified in the licence; (b) motor vehicles in the possession of the holder of the licence under an agreement for hire or loan not exceeding at any time such maximum number as is specified in the licence. (4) A motor vehicle specified in the licence shall not, while it remains so specified, be eligible of being effectively specified in any other licence under this Act. (5) A person may be the holder of two or more licences whether of the same class or of different classes. [s. 12] Duration of licences Acts Nos. 10 of 1994 Sch. 13 of 2005 s. 19

Section 14Verify source

§ 15Duration of licencesProvision

Licences usually last one year from issue unless revoked, but short-term licences may be granted for up to three months for temporary uses.

15.–(1) Subject to the provisions of subsection (2), licences shall, unless previously revoked, remain in force for a period of one year from the date of issue. (2) With view to enabling goods vehicles or public service vehicles to be used temporarily- (a) for the purpose of a seasonal business; (b) for the purpose of the execution of a particular pieces of work; or (c) for any other purpose of limited duration, 728 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Licence not transferable without consent in writing of licensing authority Protection of public interest a licence of any class may be granted for a period not exceeding three months. (3) Where, on the date of the expiration of a licence, other than a short term licence, or a licence granted under the provisions of subsection (2), proceedings are pending before a licensing authority on an application by the holder of that licence for the grant to him of a new licence, the existing licence shall continue in force until the application is disposed of, without prejudice, however, to the exercise in the meantime of the powers of suspension and revocation conferred by this Act. (4) In this Act “a short term licence” means a licence granted under subsection (2). [s. 13]

Section 15Verify source

§ 16Licence not transferable without consent in writing of licensing authorityProvision

A licence cannot be transferred unless there is written consent from the licensing authority, or for an exclusive licence under section 27, written consent from the Minister endorsed on the licence.

16. A licence shall not be transferable except with the written consent of the licensing authority issuing the same or, in the case of an exclusive licence issued under the provisions of section 27, with the written consent of the Minister endorsed on such licence and such consent shall only be given where the licensing authority or the Minister, is satisfied that the licence which he is desired to transfer has been fully utilised during the period of three months immediately preceding the date of the proposed transfer. [s. 14]

Section 16Verify source

§ 17Protection of public interestProvision

A licence holder does not get a continuing right to benefits under this Act or the licence, and still must follow other written laws on motor vehicles, road traffic, and highway use.

17.–(1) It is hereby declared that, this Act shall not be construed as conferring on the holder of a licence any right to the continuance of any benefits arising from the provisions of this Act, or from a licence, or from any condition attached to a licence. (2) The grant of a licence under this Act shall not relieve the holder from complying with the provisions of any written law in force in respect to motor vehicles, road traffic or use of highways. [s. 15] 729 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Consideration of licences Acts Nos. 25 of 1997 s. 53 3 of 2009 s. 42 Regional Licensing Authority

Section 17Verify source

§ 18Consideration of licencesProvision

When deciding a licence application, the licensing authority must get a tax clearance certificate from the Tanzania Revenue Authority and may consult the road authority or set conditions for certain motor cycle or tricycle public service vehicle applications.

18. When considering an application for a licence, the licensing authority- (a) shall obtain a tax clearance certificate from the Tanzania Revenue Authority; (b) may obtain and take into account the opinion of the appropriate road authority as to the suitability of the vehicle or vehicles for the road or roads on which the applicant proposes to operate; and (c) may, in the case of application for use of a motor cycle or tricyle as public service vehicle, issue general or specific conditions for use of such motor cycle or tricycle for hire or reward and for issuance of policy of insurance. [s. 16] PART IV PROCEDURE ON APPLICATION FOR LICENCES A. Jurisdiction of Licensing Authorities

Section 18Verify source

Part

PART IV

§ 19Regional Licensing AuthorityProvision

A Regional Licensing Authority can decide certain regional vehicle licence applications, but it cannot handle some cross-region cases or licence the same vehicle for multiple contiguous regions unless the Central Licensing Authority confirms an invalid grant or functions are lawfully delegated.

19.–(1) A Regional Licensing Authority shall have exclusive jurisdiction to entertain, consider and determine applications for, and grant or refuse to grant- (a) a carrier’s licence or a road service licence for the carriage of goods or passengers within the region in respect of a vehicle operating only within the region; (b) subject to the provisions of subsections (2) and (3), a carrier’s licence or a road service licence for the carriage of goods or passengers from a place or places within the region to a place or places within a contiguous region. (2) A Regional Licensing Authority shall have no jurisdiction to entertain, consider or determine applications for, or grant, a licence for the carriage of goods or passengers between the region for which such Authority is established and any contiguous region- (a) where the greater portion of the proposed route runs along the main highway or the trunk road connecting the two regions; 730 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (b) where the distance which the vehicle will cover in such contiguous region exceeds the distance which it will cover in the region for which the Authority is established; or (c) where neither the vehicle is based nor the applicant ordinarily resides within the region for which the Regional Licensing Authority is established. (3) A Regional Licensing Authority shall have no jurisdiction to licence the same vehicle to operate between the region for which it is established and two or more contiguous regions. (4) A grant of licence in contravention of the provisions of subsection (2) or (3) shall be valid and effective if such grant is subsequently confirmed by the Central Licensing Authority. (5) This section shall not be construed as precluding a Regional Licensing Authority from exercising any of the functions of the Central Licensing Authority where such function has been lawfully delegated to the Regional Licensing Authority. [s. 17] Central Licensing Authority

Section 19Verify source

§ 20Central Licensing AuthorityProvision

The Central Licensing Authority has the power to consider, decide on, and grant or refuse licences under this Act, except for licences covered by subsection (1) of section 19.

20. The jurisdiction to entertain, consider and determine, and grant or refuse to grant any licence under this Act other than a licence to which subsection (1) of section 19 applies shall vest in the Central Licensing Authority. [s. 18] Application to be accompanied by evidence of payment, or exemption from payment, of income tax Act No. 20 of 1978 s. 7 Delegation

Section 20Verify source

§ 21Application to be accompanied by evidence of payment, or exemptionProvision

A licence application must include tax payment evidence or a satisfactory written explanation.

21. An application for a licence under this Act shall be accompanied by documentary evidence or a written explanation satisfactory to the licensing authority regarding the payment or exemption from payment, by the applicant of income tax or such other tax as the Minister may, by notice in the Gazette, specify for the purposes of this section. [s. 19]

Section 21Verify source

§ 22DelegationRepeal

The Minister may, after consulting the President and issuing a Gazette order, delegate licensing jurisdiction to a Regional Licensing Authority.

22. The Minister may, after consultation with the President, and by order in the Gazette, delegate to a Regional Licensing Authority the jurisdiction for the Central Licensing Authority 731 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] or any other Regional Licensing Authority to entertain, consider and determine, and grant or refuse to grant any particular application for a licence or applications for any category of licences specified in such order. [s. 20] Repealed

Section 22Verify source

§ 2324. [B. Goods Vehicles Licences, Repealed by Act No. 13Repeal

This section heading refers to the procedure for applying for a road service licence, and notes that the goods vehicles licences part was repealed by Act No. 13 of 2005.

23.–24. [B. Goods Vehicles Licences, Repealed by Act No. 13 of 2005 s. 20] [s. 21–22] Procedure on application for road service licence C. Road Service Licences

Section 23Verify source

§ 25Procedure on application for road service licenceProvision

An applicant for a road service licence must submit specified vehicle and service details to the licensing authority.

25. A person applying for a road service licence shall submit to the licensing authority- (a) particulars of the type or types of vehicle to be used; (b) in the case of regular services, the time tables and fare tables of the services which it is proposed to provide under the licence; (c) in any other case, such particulars as to the fares to be charged, the frequency of the services and the times expected to be taken on the journeys included in these services as the licensing authority may require; and (d) where he wishes the licensing authority to exercise the discretion conferred on it by the proviso to subsection (2) of section 14. [s. 23] Discretion of licensing authority to grant or refuse application for road service licence Cap. 168

Section 25Verify source

§ 26Discretion of licensing authority to grant or refuse application forProvision

A licensing authority may grant road service licences for routes in Mainland Tanzania, but must not grant one if doing so would likely breach the Road Traffic Act.

26.–(1) A licensing authority shall, subject to the provisions of this Act, have full power in its discretion to grant application for a road service licence in respect of all or any routes within Mainland Tanzania and subject to such conditions as it may in its discretion impose but it shall not grant the licence if it appears from the particulars furnished in pursuance of section 25 that any of the provisions of the Road Traffic Act are likely to be contravened. 732 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Exclusive licences (2) It is hereby expressly declared without prejudice to the generality of subsection (1) that a licensing authority, when granting an application for a road service licence, may attach as a condition of such licence that any vehicle authorised for use under the licence shall, when so used, carry an emergency supply of food and drink to an extent to be specified in the licence. [s. 24]

Section 26Verify source

§ 27Exclusive licencesOffence

A licensing authority may grant an exclusive passenger-vehicle licence with Minister approval, but it must give Gazette notice first and wait three months after that notice before granting it.

27.–(1) Notwithstanding any other provisions of this Act a licensing authority may, with the approval of the Minister and subject to the conditions as it may impose, grant to any person an exclusive licence authorising the person to operate vehicles for the carriage of passengers in any urban area or part thereof over the routes or between such places therein and for such period as the Minister may decide, and the provisions of this Act regarding applications for and reasons opposing the grant of a licence shall apply to an application for and grant of any exclusive licence under this section. (2) Where a licensing authority intends, subject to the approval of the Minister, to grant an exclusive licence under the provisions of subsection (1) it shall, by notice in the Gazette, give notice of its intention to grant such licence, and no such licence shall be granted until a period of three months after the date of the publication of the notice has elapsed. (3) Where a licensing authority has granted an exclusive licence under this section it shall publish notice of the grant in the Gazette and thereafter if any person other than the grantee operates, uses or causes or permits to be used, without the prior written permission of the grantee, any vehicle, other than a vehicle which is designed or intended for carrying less than four persons excluding the driver of that vehicle, or a vehicle which is licensed only for use on a whole-hire basis and which is designed or intended for carrying less than seven persons excluding the driver of the vehicle, for the purpose of carrying passengers and their goods for hire or reward on any 733 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] route or between any places within any area for which the said exclusive licence has been granted commits an offence and on conviction shall be liable to a fine not exceeding ten thousand shillings for a first offence and to a fine not exceeding twenty thousand shillings or imprisonment for a period not exceeding six months or to both for a second or subsequent offence. [s. 25] D. General Conditions Licensing authority to give reasons for refusal of licence

Section 27Verify source

§ 28Licensing authority to give reasons for refusal of licenceProvision

If an applicant asks, the licensing authority must give written reasons when it refuses a licence, gives a different licence, or adds conditions the applicant does not accept.

28. In any case in which a licensing authority refuses to grant a licence, or grants a licence which differs from the licence applied for, or attaches conditions to which the applicant does not agree, the licensing authority shall, if requested by the applicant, state in writing the reasons for its decision. [s. 26] Licensing authority may require further particulars and may make inquiries and summon witnesses

Section 28Verify source

§ 29Licensing authority may require further particulars and may makeOffence

Licence applicants must provide required information to the licensing authority, and the authority may investigate and order attendance or document production at inquiries.

29.–(1) A person applying for a licence shall, in addition to the particulars which he is required under the provisions of this Part to furnish with his application, give to the licensing authority any information which the authority may reasonably require for the discharging of its duties in relation to the application and in particular, shall, if required by the licensing authority, submit to it such particulars as it may require with respect to any business as a carrier of passengers or goods for hire or reward carried on by the applicant at any time before the making of the application and of the rates charged or proposed to be charged by the applicant. (2) A licensing authority may hold such inquiries as it thinks necessary for the proper exercise of its functions under this Act including inquiries into an applicant’s reliability, financial stability and the facilities at his disposal for carrying out mechanical repairs. (3) The licensing authority holding an inquiry under this Act may, by order require any person to attend as a witness and give evidence or to produce any documents in his possession 734 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] or power which relate to any matter at the inquiry and are such as would be subject to production in a court of law, and any person who fails without reasonable excuse to comply with the provisions of any such order commits an offence and on conviction shall be liable to a fine not exceeding two thousand shillings. [s. 27] Minister may give directions

Section 29Verify source

§ 30Minister may give directionsProvision

The Minister may direct a licensing authority how to exercise and perform its functions under the Act, and the authority must follow those directions.

30. The Minister may give to a licensing authority directions of a general or specific character as to the exercise and performance by the authority of its functions under this Act and the authority shall give effect to such directions. [s. 28] Licensing authority shall have regard to certain matters in exercising its discretion

Section 30Verify source

§ 31Licensing authority shall have regard to certain matters in exercisingOffence

A licensing authority must consider specified matters when deciding how to exercise its discretion on a licence application.

31. In exercising its discretion a licensing authority shall have regard to the following matters- (a) the extent to which the proposed service is necessary or desirable in the public interest, including the interests of persons requiring, as well as those persons providing facilities for transport; (b) the extent to which it is necessary in the public interest to prevent uneconomic competition with other systems of transport including transport by railway, steamer and road transport operated by any public corporation; (c) the extent to which the needs of the areas or routes proposed to be served are already met by land services; (d) the applicant’s reliability, financial stability and the facilities at his disposal for carrying out the proposed services; (e) the suitability of the routes on which a service may be provided under the licence, including the general condition of the roads and the size of the vehicles proposed for use; (f) where the applicant is already the holder of an existing licence of the same class, the extent to which he is authorised to use goods vehicles thereunder for the carriage of goods for hire or reward; 735 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (g) the previous conduct and the antecedents of the applicant including, where the applicant is a body of persons, the previous conduct and antecedents of the members and officers of such body; (h) the number and type of vehicles to be used under the proposed licence, including the need for providing for occasions when vehicles are withdrawn from service for overhaul or repair; in the case of an application for a carrier’s licence, the extent to which the applicant intends that the vehicle proposed to be used under the licence shall be used for the carriage of goods for hire or reward; (i) (j) the provision of adequate, suitable and efficient services, the elimination of unnecessary services and unremunerative services and the co-ordination of all forms of passenger transport; (k) any representations or objections which may be made in the prescribed manner by persons already providing transport facilities along or near to the route or routes or any part thereof along which the proposed service will run, or by any local authority in whose area any such route or routes or part thereof is situated; (l) the desirability of encouraging increased participation by public corporations and citizens of the United Republic in the transport industry of Mainland Tanzania; (m) any matter it may think necessary to have regard to in respect of conditions peculiar to the area or route in or on which a service is proposed; and (n) any directions given by the Minister under section 30. [s. 29] 736 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] PART V CONDITIONS, VARIATION, REVOCATION AND SUSPENSION OF LICENCES AND PENALTY FOR NON-COMPLIANCE WITH CONDITIONS OF LICENCES Conditions of licences

Section 31Verify source

Part

PART V

§ 32Conditions of licencesProvision

Section 32 lets licensing authorities and the Minister add conditions to certain licences, and it also sets some licence-holder and passenger rights and duties.

32.–(1) It shall be a condition of every licence- (a) that all authorised vehicles are maintained in a fit and serviceable condition; (b) that the provisions of any law in force relating to limits of speed and weight, laden and unladen, the loading of goods vehicle, and the number of passengers to be carried, are complied with in relation to the authorised vehicles; (c) that in relation to the authorised vehicles the provisions of any law in force with respect to the time for which the drivers of certain vehicles may remain continuously on duty and the hours which they are to have for rest are observed; and (d) that the provisions of this Act and of the regulations relating to the keeping of records are complied with. (2) A licensing authority may attach to any carrier’s licence all or any of the following conditions- (a) a condition that the authorised vehicles shall or shall not be used in a specified area or over specified routes; (b) a condition that certain classes or descriptions of goods shall or shall not be carried; (c) a condition specifying the charges or the maximum or minimum charges to be made for the carriage of goods; (d) a condition that the holder of the licence shall if so required by the licensing authority on the request of the Postmaster General carry mail in his authorised vehicles at a rate to be agreed between the holder of the licence and the Postmaster General and, in the event of failure so to agree, at a rate to be fixed by the licensing authority; and 737 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (e) such other conditions as may be prescribed in the public interest or with a view of preventing uneconomic competition. (3) A licensing authority may attach to a road service licence such conditions as it may think fit with regard to the matters to which it is required to have regard under this Act and, in particular, for securing that- (a) the fares shall not be unreasonable; (b) where desirable in the public interest, the fares shall be so fixed as to prevent wasteful competition with alternative forms of transport, if any, along the routes or any part thereof, or in proximity thereto; (c) the vehicles shall be operated in accordance with time tables approved by the licensing authority and that copies of the time tables and fares tables shall be carried and be available for inspection in every vehicle used on the service; (d) the holder of the licence reports to the licensing authority in the event of any vehicle specified in the licence not being used on the service for any period exceeding one month; and (e) passengers shall not be taken up or shall not be set down except at specified points, and generally for securing the safety and convenience of the public. (4) The licensing authority may, on the application of the holder of the licence and subject to the provisions of sections 33 and 34, cancel or vary any of the conditions attached to a licence under the provisions of this Act. (5) The Minister may, by order, attach to a road service licence such conditions as he may consider necessary in the public interest and, in particular, may direct- (a) that the holder of the licence shall make such refund as the Minister may prescribe of the fare in the event of the holder being unable to carry a passenger for the whole or any part of the journey contracted for; 738 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Variation of licences (b) that every passenger shall be entitled to carry free of charge such quantity of personal baggage as may be prescribed; (c) for payment by a passenger of charges in respect of carriage of personal baggage in excess of the quantity prescribed under paragraph (b) at such rates as the Minister may prescribe; (d) that the holder of the licence shall ensure that where a person has paid for his carriage to any destination in a vehicle which he has been given to understand will leave the embarkation point at certain time, there will be accommodation for such person in such vehicle. (6) A term in any contract entered into between the holder of a licence granted under this Act and his customer which is less favourable to the customer than the condition attached to such licence under this section, or any other provision of this Act, shall be void. [s. 30]

Section 32Verify source

§ 33Variation of licencesSubstitution

The licensing authority may vary a licence on application by the holder, except that an exclusive licence needs the Minister’s prior approval.

33.–(1) On the application of the holder of a licence other than a short term licence, the licensing authority may at any time during its validity vary the licence by directing that additional vehicles shall be specified therein, or that vehicles specified therein shall be removed therefrom, or that the maximum number of motor vehicles or of trailers specified in the licence shall be increased or reduced. (2) In the case of an exclusive licence, no variation shall be made without the prior approval of the Minister. (3) The foregoing provisions of this Act as to applications for licences, the grant or refusal of licences, and the attaching of conditions to licences, shall apply in relation to the variation of any such licence. (4) The licensing authority shall be bound to grant an application for a variation consisting only of the removal of a specified vehicle from the licence, or of reduction in the maximum number specified as or of the inclusion in the 739 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Revocation or suspension of licences by licensing authority same carrier’s licence of a goods vehicle in substitution for a specified vehicle or a vehicle of the same or of a less weight unladen or of the inclusion in the case of a road service licence in substitution for a specified vehicle, of a vehicle of the same or of a lesser passenger carrying capacity. (5) Where it comes to the knowledge of the licensing authority that a vehicle specified in a licence has ceased to be used under the licence for any reason other than fluctuation in business it may vary the licence by directing that the vehicle shall be removed therefrom. [s. 31]

Section 33Verify source

§ 34Revocation or suspension of licences by licensing authorityProvision

The licensing authority may revoke or suspend a licence for non-compliance with licence conditions, but an exclusive licence needs the Minister’s prior consent.

34.–(1) A licence may be revoked or suspended by the licensing authority on the ground that any of the conditions of the licence has not been complied with: Provided that, in the case of an exclusive licence no such revocation or suspension shall be effected without the prior consent of the Minister. (2) In any case where a licence is revoked or suspended the licensing authority shall, if requested by the licensee, state in writing the grounds for the revocation or suspension. (3) A licensing authority may, in lieu of revoking or suspending a licence, direct that any one or more of the vehicles specified therein shall be removed therefrom, or that the maximum number of motor vehicles or of trailers specified in the licence shall be reduced, or that the licence shall cease to apply in respect of certain routes and references in this or any other section of this Act to the revocation or suspension of a licence shall be construed as including a reference to the giving of a direction under this subsection. [s. 32] Minister may revoke or suspend licence

Section 34Verify source

§ 35Minister may revoke or suspend licenceOffence

The Minister may revoke or suspend a licence if doing so is in the public interest. While that suspension or revocation is in force, a licensing authority cannot consider renewal or grant applications for that licence without the Minister’s prior approval.

35.–(1) The Minister may, by order revoke or suspend any licence granted under this Act where, in his opinion, it is necessary in the public interest so to do. 740 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Penalty for non- compliance with and exceptions to the conditions of licences Act No. 13 of 2016 s. 36 (2) Where the Minister has revoked or suspended a licence under subsection (1), no licensing authority shall, for so long as such revocation or suspension remains in force, proceed to consider any application by the holder of the licence which has been revoked or suspended for the renewal or grant of a licence under this Act except with the prior approval of the Minister. [s. 33]

Section 35Verify source

§ 36Penalty for non-compliance with and exceptions to the conditions of licencesOffence

A person who breaches a licence condition commits an offence and may be fined; repeat convictions can attract a higher fine and, for a third or later conviction, vehicle forfeiture may be ordered.

36.–(1) Subject to the provisions of this section any person who fails to comply with any condition of a licence held by him commits an offence and on conviction in the case of first offence shall be liable to a fine not less than two hundred thousand shillings and in the case of a second or any subsequent conviction for such or similar offence, to a fine not exceeding five hundred thousand shillings and in addition thereto the court may, in the case of a third or subsequent conviction for such or similar offence, order the forfeiture of the vehicle in relation to which the offence is committed, whether or not the previous offences were committed in relation to the same vehicle. (2) In the case of a goods vehicle licence, and notwithstanding that a vehicle is an authorised vehicle, the conditions of the licence shall not apply while the vehicle is being used for any purpose for which it might lawfully be used without the authority of a licence. [s. 34] PART VI OBJECTIONS AND APPEALS Reasons may be advanced opposing certain applications or variations of licences

Section 36Verify source

Part

PART VI

§ 37Reasons may be advanced opposing certain applications orProvision

A licensing authority must publish notice of certain licence applications and consider objections that are advanced within the stated time and manner.

37.–(1) A licensing authority shall, subject to the provisions of this section, publish in the prescribed manner notice of an application to which this section applies specifying the time within which and the manner in which reasons may be advanced opposing the grant of the application. 741 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (2) It shall be the duty of the licensing authority, on an application to which this section applies, and on payment of the prescribed fee, if any, to take into consideration any reasons opposing the application which may be advanced by any local authority in whose area the routes intended to be served are situated, or by persons who are already providing facilities, whether by means of road transport for the carriage of goods or passengers for hire or reward in the area or between the places which the applicant intends to serve, on the ground that suitable transport facilities in that area or between those places already exist, or that if the application were granted, such facilities would be, either generally or in respect of any particular type of vehicles, in excess of the requirements, or would be contrary to the public interest, or on the ground that any of the conditions of a licence held by the applicant has not been complied with. (3) Except as provided in subsection (4), this section shall apply to every application for the grant of a carrier’s licence or a road service licence, or for the variation of such a licence by a direction that additional vehicles shall be specified therein or that the maximum number of motor vehicles or of trailers specified in the licence shall be increased, or that the area specified in the licence within which, or the places so specified between which, the vehicles can be used for the carriage of goods or passengers for hire or reward shall be varied or extended, not being- (a) an application which the licensing authority is bound to grant; (b) an application for a licence to expire not later than an existing licence under which the vehicles to which the application relates are authorised to be used for purposes of a business which the applicant has acquired or intends to acquire; or 742 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (c) an application in respect of which the licensing authority is of the opinion that, having regard to its trivial character, it is not necessary that an opportunity should be given for reasons to be advanced opposing the application. (4) Reasons advanced opposing the grant of a short term licence shall not be considered- (a) where such licence is granted by a person authorised to do so under section 7; or (b) where such licence is granted by the licensing authority in respect of a vehicle already licensed under this Act. (5) Where an application for the grant of a carrier’s licence, the licensing authority proposes to grant the application in respect of vehicles other than those of which particulars were contained in the application, it shall publish notice of its proposal as if that proposal were an application to which this section applies, and thereupon the provisions of this section with respect to the advancement and consideration of reasons opposing an application shall apply accordingly: Provided that, it shall not be necessary for the licensing authority to publish such a notice if it is satisfied that the variation, subject to which it proposes to grant the application, will not materially increase the total carrying capacity of the authorised vehicles. [s. 35] Appeals

Section 37Verify source

§ 38AppealsProvision

A qualifying person may appeal certain licensing decisions within the prescribed time and manner, and the Minister or Regional Commissioner may decide the appeal and make further orders.

38.–(1) A person who- (a) being an applicant for the grant or variation of a licence, is aggrieved by the decision of the licensing authority on the application; (b) having duly advanced reasons opposing any such application being reasons which the licensing authority is bound to take into consideration, is aggrieved by the decision of the licensing authority thereon; or 743 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (c) being a holder of a licence, is aggrieved by the revocation or suspension thereof, may, within the time and in the manner prescribed, appeal- (i) (ii) in the case of an appeal against a decision of a Central Licensing Authority, to the Minister; in the case of an appeal against a decision of a Regional Licensing Authority, to the Regional Commissioner of the region for which the Authority is established. (2) On any appeal made under this section the Minister or the Regional Commissioner may affirm, reverse or vary the decision of the licensing authority or make such other order including an order for costs as may appear to him necessary and just. [s. 36]

Section 38Verify source

§ 39Procedure on appealProvision

When deciding an appeal under section 38, the Minister or a Regional Commissioner must sit with two assessors.

39.–(1) The Minister or a Regional Commissioner, sitting as an appellate authority to decide an appeal under section 38 shall sit with two assessors selected from a panel of assessors maintained for that purpose. (2) The decision of any assessor on an appeal shall not be binding upon the Minister or as the case may be, the Regional Commissioner. (3) The proceedings on any appeal shall not, if the decision on the appeal is the decision of the Minister or the Regional Commissioner, be invalid by reason only of no assessor having been nominated or of the absence of any one or both of the assessors during the whole or any part of the proceeding or any other irregularity or defect in the proceedings. [s. 37] Procedure on appeal Decision on appeal to be final

Section 39Verify source

§ 40Decision on appeal to be finalProvision

Decisions by the Minister or a Regional Commissioner on appeals under section 38 are final and cannot be reviewed by any court.

40. The decision of the Minister or of a Regional Commissioner, on an appeal under section 38 shall be final and conclusive and shall not be subject to review by any court. [s. 38] 744 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Licences to be issued to Co-operative Societies Cap. 211 PART VII LICENCES TO CO-OPERATIVE SOCIETIES

Section 40Verify source

Part

PART VII

§ 41Licences to be issued to Co-operative SocietiesOffence

The Registrar may designate a registered co-operative society for certain transport licences, and the licensing authority must generally grant the licence unless public-interest concerns apply.

41.–(1) Notwithstanding anything contained in this Act, the Registrar of Co-operative Societies appointed under the Co-operative Societies Act, may, subject to the provisions of subsection (2), in writing and after consultation with the licensing authority, designate in accordance with the provisions of this section a co-operative society registered under that Act as being a society suitable to be granted a public carrier’s licence or a road service licence under this Act. (2) The Registrar shall not designate a co-operative society under subsection (1) unless he is satisfied that the society will, on the grant of a licence to it under subsection (4), be capable of complying with the provisions of this Act and with any conditions attached to the licence. (3) When designating a co-operative society under subsection (1) the Registrar shall specify- (a) the vehicles authorised to be used under the licence; (b) the routes in respect of which the licence shall be effective; and (c) the conditions which shall be attached to the licence. (4) Where a co-operative society is designated under subsection (1) the licensing authority shall, unless it is satisfied that the service proposed to be operated by the co-operative society is not necessary or desirable in the public interest, including the interest or interests of persons requiring facilities for transport, grant to the co-operative society a carrier’s licence or a road service licence. (5) Where a licensing authority grants to a co-operative society a licence pursuant to the provisions of subsection (4) the grant shall be in accordance with the matters and conditions specified by the Registrar of Co-operatives under subsection (3). 745 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Forgery of licences, etc. Act No. 13 of 2016 s. 37 Cap. 16 (6) A licensing authority may, where it considers desirable and after consultation with the Registrar, modify any of such matters or conditions. [s. 39] PART VIII OFFENCES AND PROSECUTIONS

Section 41Verify source

Part

PART VIII

§ 42Forgery of licences, etcOffence

A person commits an offence if they forge, alter, use, lend, or allow use of certain licence-related documents or marks, make or possess deceptive lookalikes, alter a record entry, or knowingly make a false statement for licence-related purposes.

42.–(1) Where, with intent to deceive or mislead, a person- (a) forges, within the meaning of Chapter XXXIV of the Penal Code, or alters or uses or lends to or allows to be used by any other person a licence or any document, plate or mark by which the subject of the licence is to be identified as being licensed under this Act; or (b) makes or has in his possession any document, plate or mark so closely resembling a licence, or any such document, plate or mark as aforesaid, as to be calculated to deceive; or (c) alters an entry in a record made under any provision of this Act, commits an offence and on conviction shall be liable to a fine not less than five hundred thousand shillings or to imprisonment for a period not less than two years or to both. (2) Where any person, for the purpose of obtaining the grant of a licence to himself or any other person, or the variation of a licence, or for the purpose of preventing the grant or variation of any licence or of procuring the imposition of any condition or limitation in relation to a licence, knowingly makes any false statement, commits an offence and on conviction shall be liable to a fine not less than two hundred thousand shillings or to imprisonment for a period not less than two years or to both. [s. 40] 746 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Charging more than prescribed fare prohibited

Section 42Verify source

§ 43Charging more than prescribed fare prohibitedOffence

If a licensing authority has fixed a journey fare in a road service licence, no one can be required to pay more than that fare or pay an extra fee or commission for arranging the journey.

43.–(1) Where a licensing authority has, in a road service licence, fixed the fare for any journey, no person shall be required to pay more than such fare for such journey nor shall he be required to pay any fee or commission to any person for arranging such journey. (2) Where a licensing authority has, in a road service licence, fixed the fare for any journey a person who obtains from any person other than the licensee under the licence any fee or commission for arranging for any person to perform such journey, commits an offence and on conviction shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding two years or to both. [s. 41] PART IX GENERAL PROVISIONS Financial provisions Fees General power of making regulations

Section 43Verify source

Part

PART IX

§ 44Financial provisionsProvision

Fees payable under the Act or its regulations must be paid into the general revenue of the United Republic.

44. All fees payable under this Act or any regulations made hereunder shall be paid into the general revenue of the United Republic. [s. 42]

Section 44Verify source

§ 45FeesProvision

The Minister may set fees for objections, licence grants or variations, and appeals.

45. The Minister may prescribe fees payable in respect of the lodging of any objection under section 37, the grant or variation of licences, and in respect of appeals under section 38. [s. 43]

Section 45Verify source

§ 46General power of making regulationsSubstitution

The Minister may make regulations to carry out this Act.

46. The Minister may make regulations for any purpose for which regulations may be made under this Act and generally for the purpose of carrying this Act into effect and, in particular but without prejudice to the generality of the foregoing provisions, may make regulations with respect to any of the following matters: (a) the forms to be used and the particulars to be furnished for any of the purposes of this Act; 747 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (b) the procedure on application for and the determination of questions in connection with the grant, variation, suspension and revocation of licences; to treatment (c) the preferential applications for licences by public corporations and their subsidiary companies established for the provision of transport facilities; to be accorded (d) the grant of licences, and the grant of copies of licences in the case of licences lost or destroyed; (e) the means by which vehicles are to be identified, whether by plates, marks or otherwise, as being authorised for use under this Act; (f) the custody of licences, the production, return and cancellation of licences on expiration, suspension or revocation, and the custody, production and return of documents and plates; (g) the notification to the licensing authority of vehicles which have ceased to be used under a licence; (h) the persons to serve as assessors on the licensing authority and on appeals and reimbursement of their expenses; (i) the keeping of records and the making of returns by the licensing authority or by licensees as he may deem necessary; (j) the temporary use of any vehicle in substitution for an authorised vehicle which is not fit for normal use; (k) prescribing anything which, under this Act, may be prescribed; and (l) providing for any matter which, in the opinion of the Minister, it is necessary or desirable to provide in the interest of the transport industry in Mainland Tanzania. [s. 44] Power to stop and inspect vehicles

Section 46Verify source

§ 47Power to stop and inspect vehiclesOffence

Certain police, licensing, and administrative officers may stop and search vehicles to check compliance, and people must not obstruct or refuse lawful requests; offenders can be fined or jailed.

47.–(1) A police officer, a member of a licensing authority or any administrative officer may search any vehicle, and for this purpose may stop the vehicle, if in motion, with a view to 748 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] ascertain whether or not the provisions of this Act or of any regulations made hereunder are being complied with, and may demand for inspection the production of any licence, certificate, document or record of any description which may, under the provisions of this Act or of any regulations made hereunder, be required to be carried on the vehicle, and may require the driver or any other person travelling on vehicle to give the information as the police officer, member or administrative officer may reasonably request in order to ascertain whether or not the provisions of this Act or such regulations are being complied with. (2) A person who obstructs a police officer, member or administrative officer in the exercise of the powers conferred by this section, or fails to comply with any lawful order given by such police officer, member or administrative officer, or refuses to give any information when requested so to do by the police officer, member or administrative officer commits an offence and on conviction shall be liable to a fine of ten thousand shillings or to imprisonment for one year or to both. (3) A police officer of or above the rank of assistant superintendent or an officer in charge of police having reasonable grounds for believing that any person has committed an offence under this Act and that such person will not attend the court in answer to any process which may be issued against him, may arrest that person without a warrant. [s. 45]

Section 47Verify source

§ 48Powers to detain vehiclesOffence

Certain senior police officers may take into custody, and if necessary stop, vehicles registered outside Mainland Tanzania when they reasonably believe the vehicle is being used against the Act.

48.–(1) Where a police officer of or above the rank of assistant superintendent or an officer in charge of police has reasonable grounds for believing that a vehicle which is registered outside Mainland Tanzania is being used in contravention of the provisions of this Act, he may take that vehicle into his custody and for this purpose may, if it is in motion, stop that vehicle. (2) Where a vehicle is taken into custody under subsection (1) it may be detained at a police station or other place of safety until inquiries to ascertain whether the vehicle was being used 749 Powers to detain vehicles ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] Compounding of offences Cap. 20 in contravention of this Act have been completed and until the identity of the person who is the user of the vehicle within the meaning of this Act has been established, and, in the event of proceedings being instituted against such person for a contravention of any provision of this Act, the vehicle may be further detained until the conviction, acquittal or discharge in such proceedings. [s. 46]

Section 48Verify source

§ 49Compounding of offencesCommencement

The Authority may compound an offence before the court hearing starts if the person admits it in writing, and may order payment of up to half the fine. The person may appeal to the High Court within the prescribed period, and the Authority may add interest and enforce the order if payment is not made on time.

49.–(1) Notwithstanding the provision of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act, 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 proceeding 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 a person is aggrieved by an order under subsection (1), he may within the prescribed period, appeal against such order to the High Court and the provisions of the Criminal Procedure Act shall apply to every such appeal as if it were an appeal against sentence passed by a district court in the exercise of its original jurisdiction. (4) Where the person fails to comply with the order issued under this section within the prescribed period, the Authority: (a) shall, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations; and 750 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSPORT LICENSING ACT [CAP. 317 R.E. 2023] (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. (5) The Minister shall make regulations prescribing offences to be compounded and procedure for compounding of offences under this Act. [s. 47A] Appearance by advocates

Section 49Verify source

§ 50Appearance by advocatesRepeal

An advocate or legal practitioner may not appear or act for a party in proceedings under this Act before a licensing authority unless the Minister or Regional Commissioner gives permission.

50. An advocate or legal practitioner shall not be entitled to appear or act for any party in any proceedings under this Act before a licensing authority, and, except with the permission of the Minister or the Regional Commissioner. [s. 47] Subsequent application after refusal of licensing authority to grant licence Certain provisions of Road Traffic Act not to apply Cap. 168 Repeal of R.L. Cap. 373

Section 50Verify source

§ 51Subsequent application after refusal of licensing authorityProvision

If a person’s licence application was refused and any appeal was dismissed, the same person cannot have a new similar application considered for 12 months unless the licensing authority consents.

51. Notwithstanding anything contained in this Act, where an application has been or is made by any person for a licence under the provisions of this Act and has been refused, and if an appeal is made such appeal has been dismissed, no subsequent application made by the same person for a similar licence shall, except with the consent of the licensing authority which shall not be unreasonably withheld, be entertained or adjudicated upon by the licensing authority until a period of twelve months from the date of that application has expired. [s. 48]

Section 51Verify source

§ 52Certain provisions of Road Traffic Act not to applyProvision

Section 38 of the Road Traffic Act does not apply to vehicles to which this Act applies.

52. The provisions of section 38 of the Road Traffic Act shall not apply to any vehicle to which the Act applies. [s. 49]

Section 52Verify source

§ 53RepealRepeal

This section repeals the Transport Licensing Ordinance, with savings.

53. [Repeals the Transport Licensing Ordinance with savings.] [s. 50] 751 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

Section 53Verify source

Legislative relationships

12 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Act. 1. This Act
Section 1
Chapter XXXIV of the Penal Code
Section 42
Co-operative Societies appointed under the Co-operative Societies Act
Section 41
Criminal Procedure Act
Section 49

G–M

3 instruments

Land Transport Regulatory Authority Act
Section 7
Mainland Tanzania. Interpretation Act
Section 2
Minister. (3) The foregoing provisions of this Act
Section 33

N–S

3 instruments

Penal Code
Section 11
Police Force and Auxiliary Services Act
Section 3
Road Traffic Act
Sections 26, 50, 52

T–Z

2 instruments

This section repeals the Transport Licensing Ordinance
Section 53
United Republic. 44. All fees payable under this Act
Section 44

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12 referenced instruments

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