CHAPTER 168 THE ROAD TRAFFIC ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections AG of O n Section Title io ss erm i part i p PRELIMINARY PROVISIONS ut ith o 1. Short title. d w 2. Interpretation. ute str ib (a) Administration r d i o 3. Registrar of motor vehicles. ce d 4. Other traffic officers. du ep ro (b) Records e r b 5. Registers. y m a 6. Searches. oko 7–11. Repealed. b thi s 12. Certified copies. rt o f o p a . N part ii REGISTRAveT dION OF MOTOR VEHICLES, ETC. r 13. Use of motor vehiclessere , etc., without registration prohibited. 14. Classification ohf tms otor vehicles, etc. g 15. Applicationl lf or ir registration of motor vehicles. 16. Registratai.o A i n of motor vehicle, etc. 17. Genne n zraal registration in case of dealer. 18. Cf Te artificate of registration to be carried in vehicle. 19. t on Identification marks. rn2m0 e. Presumption of ownership. e ov 21. Notice of change of ownership. 5 G2 22. Exemption from registration, licensing, etc. 20© 23. Offences and penalties. 343 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] part iii DRIVING LICENCES 24. Driving without valid driving licence prohibited. 25. Classification of motor vehicles, etc., for driving licences. 26. Learners driving licences. G. A 27. Identification marks for vehicle used for driving lessons. of O 28. Driving test. ion 29. Certificate of competence. ss mi 30. Driving licences. er t p 31. Licence point system. ouh 32. Conditional driving licences. it d w 33. Mandatory cancellation or suspension of driving licence. ute 34. Discretionary powers of cancellation or suspension. str ib i 35. Endorsements. or d 36. Appeals. d ce 37. Issue of duplicate driving licences. duro 38. Production of driving licence for cancellation or en red porsement. 39. Custody of driving licence while cancelled, etcy. b e 40. Application for driving licence after cancelkl amti aon. 41. Removal of disqualification. o bo 42. Automatic disqualification. his t 43. Offences. rt o f 44. Offences of applying for, or oob ptaaining, driving licence or driving while disqualified. d. N rvee res part iv hts USE OF MOTOR VEHICLES ig 45. Condition Aollf rmotor vehicle, etc., for use on road. 46. Permis . an siiable weight. 47. Use nozf signals. 48. Uf Tsea of light. o 49e. n t Causing bodily injury or death through dangerous driving, etc. rn5m0. Causing bodily injury or death through carelessness. ov e 51. Reckless or dangerous driving. 5 G2 52. Obstructing official motorcade. 0 ©2 53. Driving a motor vehicle while under the influence of drinks or drugs. 54. Driving of a motor vehicle with blood alcohol concentration above prescribed limit. 55. Blood tests for alcohol. 56. Breath test. 57. Use of alcometer. 344 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] 58. Persons authorised to withdraw and analyse blood. 59. Detention of persons whilst affected by alcohol. 60. Definition of “prescribed limit”. 61. Careless or inconsiderate use of motor vehicle. 62. Speeding. G. 63. Driving while disqualified or without driving licence. A f O 64. Compliance with speed limit not defence to other charges. n oo 65. Emergency motor vehicles. iss i 66. Compulsory stopping at railway crossing. erm t p67. Driving unreasonably slowly. u 68. Duties of drivers in case of accidents. ith o w 69. Riding in dangerous position. tedu 70. Restriction on pillion riding. tribs 71. Obstructing a driver of motor vehicle, etc. i r d 72. Causing damage to motor vehicle, etc. d oe 73. Taking motor vehicle without owner’s consent. uc od 74. Power of Court to order forfeiture of vehicle used ine pcrommission of offence and disqualification of driver. e r b 75. Penalties for offences under Part IV. may oo k par b ist v CONTROof L th OF TRAFFIC t 76. Traffic signs, etc. ar p 77. General rule. o . N 78. Pedestrian crossings. rve d 79. Permits for herds, rprsoee cessions or parades. 80. Temporary speedts restriction. 81. Closure of ro raig h ll d. 82. Restrictiiao.n A of traffic on road. 83. One-zwa nay traffic. n 84. Pf aTr aking places. 85. t on Parking and standing. n8m6 e. Special parking places. ve r o 5 G part vi 2 20 ENFORCEMENT © (a) Enforcement 87. Duties of police. 88. Records of traffic offences. 89. Filing of accident reports and drivers’ files. 345 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] 90. Inspector- General to submit annual accident and safety reports. 91. Power to demand production of driving licence. 92. Power to demand name and address of owner of vehicle. 93. Employer to keep record of driver. 94. Owner or hirer, etc., to give identity of driver. G. 95. Examination of vehicle on road. f O A 96. Power to order examination. o on 97. Examination by inspector. iss i 98. Removal of abandoned vehicles. ermp 99. Removal of broken-down vehicle. t ou 100. Removal of vehicle from parking place. with 101. Police may require motor vehicle to be driven to police station and detetadu in vehicle. 102. False information. tribs 103. Offences. r d i d o (b) Institution of Proceedings e du c 104. Application. proe 105. Institution of traffic proceedings. e r b 106. Traffic charge and summons. ay 107. Application of Criminal Procedure Act. k mo 108. Admissibility of certificates. bo is 109. Punishment without prosecution. f th o pa rt No part vii NATIOeNd .A L ROAD SAFETY COUNCIL rv 110. Establishment of Neast eional Road Safety Council. 111. Functions of Cousn rht cil. 112. Term of offilc g l eri of members. 113. Regulatiio.n Aa s governing Road Safety Council. an nz of Ta part viii t MISCELLANEOUS PROVISIONS n 1n1m4 e. Persons propelling pushcarts or riding animals, etc. er ov 115. Restrictions on riding bicycles. 5 G 116. Damage to road or related works. 022 117. Certificate of cost. © 118. Application of Act to persons in public service and vehicles of Government. 119. Driving vehicle, etc., to common danger. 120. Driving carriage, etc., while drunk. 121. Bicycle, etc., to have bells. 346 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] 122. Use of blind animals. 123. Hire of vehicles. 124. Arrest without warrant. 125. Aiding, abetting, etc. 126. Exemptions. G. 127. General penalties for contravention of Act. A f O 128. Regulations. n oo 129. Delegation by Minister. iss i 130. Delegation by Registrar. erm 131. Repeal. ut p o 132. Omitted. ith ted w SCHEDULES trib u r d is d o uc e pro d ree y b k m a o is bo f th art o No p d. erv e res hts ll r ig A nia . a an z T t o f men ern Gov 02 5 ©2 347 CHAPTER 168 THE ROAD TRAFFIC ACT . An Act to provide for the control and regulation of road traffic. OAG [13th January, 1974] of n [GN. No. 20 of 1974]io Acts Nos. 13 of 1989 GN. No. iss 30 of 1973 4 of 1990 375 of 1990 erm 41 of 1974 3 of 1993 t p 12 of 1979 16 of 1994 u ith o 15 of 1980 16 of 1996 w 25 of 1980 17 of 2010 ted 12 of 1981 5 of 2011 trib u 22 of 1982 6 of 2012 is 1 of 1983 8 of 2019 r d 10 of 1987 d o ce rod u ep PAR r y b Te I PRELIMINARma k Y PROVISIONS o bo Short title 1. This Act may be citf ethd is as the Road Traffic Act. t o Interpretation 2.–(1) In this Acot , r p aunless the context requires otherwise- Acts Nos. N 41 of 1974 Sch. “bicycle” mead.ns any vehicle which has at least two wheels e 16 of 1996 s. 2 which iesrv propelled by means of pedals or hand cranks soletlsyr ebs y the physical energy of the person riding it; “bri drig he” includes a culvert; l “ac. a Arl riage” means a wagon, cart, bicycle, tricycle and every ni za description of a wheeled vehicle other than- an f T (a) a motor vehicle; nt o e (b) a vehicle used on specially prepared ways such as a rnm railway or tramway; e Gov (c) a trailer; 5 02 (d) a baby carriage; ©2 (e) a wheel barrow; “carriageway” means that part of a road normally used by vehicular traffic but does not include that part of a road which consists of a street refuge or central reservation whether within the limits of a pedestrian crossing or not; 348 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] “certified driving instructor” means a person certified by a competent institution to instruct another person learning to drive a vehicle; “commercial vehicle” means any motor vehicle constructed . or adapted for use and used for the conveyance of goods OAG in the course of trade or agriculture or for the conveyance, of n in the course of such employment of persons who are isisn io the employment of the owner; ermp “Competent institution” means an institution ou tt o be prescribed by the Minister by notice in the wGith azette to d certify a certified driving instructor; uteb “controlled intersection” means an intersec i dtisi tor n where traffic is controlled by a “stop” or a “give w aord y ” sign, automatic traffic signal or hand signal or by a e du cpolice officer; “dealer” means a person who traprdoe es in or repairs motor vehicles or trailers for finan r y cbeial reward or gain; “driver”- a m (a) in relation to a mooktor vehicle or any other vehicle, means a personi sw bo th ho drives or attempts to drive or is in charge of t ohfrt e vehicle and includes an instructor of a learner dor ipv aer; (b) in releadt . iNon to animals, means a person who guides catstelre v, singly or in herds or flocks or draught pack or e hts ar ddle animals on a road; and (llc ri) g in relation to a towed vehicle, means a person who a. A i drives the towing vehicle; za n n “driving licence” means a licence issued under Part III of Ta t o f this Act; en “driving school” shall have the meaning ascribed to it under m Caepr.n 163 the Motor Vehicles Driving Schools (Licensing) Act; ov G “engineering plant” means movable plant or equipment being 02 5 2 a selfpropelled vehicle or trailer designed or constructed © for special purposes of engineering operations which, when proceeding on a road, does not carry any load other than such load as is necessary for its propulsion or equipment; 349 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] “examining officer” means a person appointed as an examining officer under section 4; “excess charge” means the amount additional to the initial charge for a vehicle left in a parking place for a time . exceeding the standard period prescribed for the parking AG O place as indicated on the parking meter; of n “goods vehicle” means a motor vehicle constructed iossr io adapted for use for the conveyance of goods or burdpee rnm of any description; ut o “initial charge” means the amount of the charge fo wri t ha vehicle d left in a parking place for a time not beux teceeding the standard period prescribed for the pardkisi tnri g place and as indicated on the parking meter; d o r “intersection” means any level cross rcedu oad, junction or fork and it includes an open area foeup rno ded by such cross road, junction or fork; e r b “laden weight” means the ac mtu ayal weight of a vehicle as loaded with a driver and passeonkbo gers on board; “lane” means any oneth i os f the longitudinal strips into which the carriage-wayrt oi fs divisible, whether or not defined by a longitudinal r opaad marking which is wide enough for one moving lin.e N o ed of motor vehicles other than motor cycles; “learner dserri vver’s licence” means a licence issued under this e Acth tst or a person to drive a motor vehicle or tractor under tlh rigl e personal supervision of a licensed instructor; “ A ial.e vel crossing” means any level intersection between a road an nz and a railway; f T a o “maximum permissible weight” means the maximum t en weight of the laden vehicle declared permissible by the rnme competent authority of the state in which the vehicle is Gov registered; 02 5 2 “medical practitioner” has the meaning ascribed to it under © Cap. 152 the Medical, Dental and Allied Health Professionals Act; “Minister” means the Minister responsible for road traffic; “moped” means any two-wheeled or three-wheeled vehicle which is fitted with an internal combustion engine 350 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] having a cylinder capacity not exceeding fifty c.c. and of maximum design speed not exceeding fifty kilometres per hour; “motorcycle” means a motor vehicle with less than four . wheels, the unladen weight of which does not exceed four AG O hundred kilogrammes; n o f “motor vehicle” means any self-propelled vehicle intended iosr io s adapted for use on the roads and includes an engineeermp ing plant; ut o “one-way street” means any road on which drivwiith ng other d than in one direction is prohibited at all timbu tees; “owner”- ri dis t (a) in the case of a vehicle which is dr eo rgistered under this Act and is not being used undedru cae hiring agreement or a hire-purchase agreement, mepe roans the person appearing as the owner of the vehi bcel er in the Register kept by the Registrar under this A mcayt; (b) in relation to a vebho oickle which is the subject of a hiring agreement or hiis t r e-purchase agreement, includes the person in po sosfrt ession of or having the use of the vehicle under thao tp aagreement; and (c) in releadt . iNon to a vehicle not registered under this Act, incleurvs des the driver or the person in charge of the sv r e ht ehicle; “parl rkigl ing meter” means an apparatus for use on or in the a. A i vicinity of a parking place for indicating, as respects a n nz a space provided at that parking place for the leaving of of Ta vehicles, whether the initial charge has been paid and nt e whether the period for which payment was made by the m ern initial charge has expired; Gov “Partner States” means the United Republic of Tanzania, the 25 20 Republic of Uganda and the Republic of Kenya; © “passenger vehicle” means a vehicle that is constructed or adapted solely for the carriage of passengers and their effects; 351 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] “pedestrian crossing” means a crossing for foot passengers of the part of a road normally used by vehicular traffic established under this Act and indicated by traffic signs in accordance with the regulations having effect as respects . that crossing; G OA “plying for hire” includes- f n o (a) standing on any public taxi rank or stand; siois (b) being offered for hire by any notice, advertisemeenrmp t or announcement; ou t (c) standing or travelling whilst exhibiting a i“th w for hire” d notice of any kind; uteb “points system” means a method wherebyd nis turi merical values are assigned to driving offences in orp d roportion to the seriousness of the offence; uc e d “prescribed” means prescribed beyp roregulations made under this Act; e r b “prescribed limit” has the mmay eaning ascribed to it under section 60 of this Act; ok “private omnibus” meias bo th ns a passenger vehicle not being a public service vre f t ho icle having seating accommodation for more than seov pe an passengers excluding the driver; “public omneidb . uNs” means a public service vehicle that carries passengeervs rs for hire or reward; e “publihcts srervice vehicle” means a motor vehicle which carries oll ri g is intended to carry passengers for hire or reward, . Awhether or not used or constructed solely for that an ia nz purpose; f T a o “Register” includes information stored in a computer and en t any other apparatus; rnme “Registrar” means the person appointed as Registrar of v G o Motor  Vehicles under section 3(1) of this Act and 02 5 2 includes a Deputy Registrar; © “rental vehicle” means a passenger vehicle which is a public service vehicle not employed to carry passengers at separate fares but which plies for hire at a licensed fixed 352 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] place of business (not being a taxi rank or road) on daily, weekly or monthly basis or for a specific journey; “road” means any road, highway, way, street, bridge, culvert, wharf, car park, footpath or bridle path on which vehicles . are capable of travelling and to which the public has OAG access whether such access is restricted or otherwise and f n o whether subject to any condition or otherwise, but doessiois not include any road within the curtilage of a dwpeel rlming house; ut o “semi-trailer” means any trailer designed to be cwoithupled to d a motor vehicle in such a way that part of te b uit rests on the motor vehicle and that a substantial pardti so trfi its weight and of the weight of its load is borne by tdh oe r motor vehicle; “street parking place” and “off-stredeut c eparking place” refer respectively to parking places poroe n land which does, and on land which does not, for mbe rpart of a road; “taxi-cab” means a public ayservice vehicle with seating accommodation for onk m bo ot more than six passengers exclusive of the dr ithv ise r; “tractor” means a rts oe flf-propelled road vehicle which is not itself constru a oc pted to carry a load other than such as is necessary df. e oNr its propulsion and equipment but which is conssterr vucted or adapted for the purpose of drawing or reprohptselling a vehicle; “trallffi ri gc sign” means any object, device or marks (whether a. A i fixed or portable and in the case of marks, whether an nz painted or otherwise displayed) for conveying to traffic of Ta on the roads, or any specified description of traffic, nt e warnings, information, requirements, restrictions, or ern m prohibitions of any description specified by the Minister v G o by regulations and any line or mark on a road for so 25 20 conveying such warnings, information, requirements, © restrictions or prohibitions; “trailer” means any vehicle designed to be drawn or propelled by a motor vehicle but does not include- 353 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (a) an integral sidecar, integral forecar or integral trailer attached to a motorcycle (which shall be regarded as forming part of the vehicle to which it is attached); and (b) engineering plant; . “unladen weight” means the weight of a vehicle without any AG O driver, passengers or load, but with a full supply of fuel, of n oil, grease, a spare wheel and with the tools which tihsse io vehicle normally carries; ermp “vehicle” means a vehicle of any description whatsoevuet o r, and includes a machine or implement of any kind ith w drawn or d propelled along roads whether by anima te blu, mechanical, electrical or any other motive power; ist ri d “vehicle inspector” means a person appor d inted as a vehicle inspector under section 4. ce du (2) References in this Act to etph roe Chief Medical Officer and the Engineer in Chief shall be re construed as references to persons for the time being haoy b m lding those posts, however so designated, in the Ministrieokbo s for the time being responsible for health and works, resp is of thectively. rt o p a (a) Administration . N Registrar of 3.–(1) Subjecedrv t to the provisions of any written law relating to motor vehicles the appo rien setment of persons to the public service, the Minister responhtig ssible for finance may, by notice in the Gazette, appoint a Re r Agl listrar of Motor Vehicles. . an ia (2) The Minister responsible for finance may, by notice in z Tan the Gazette, appoint Deputy Registrars of Motor Vehicles for f t o such parts of Tanzania as may be specified in the notice. enm Ovteh renr traffic 4. The Minister shall, by notice in the Gazette, appoint- Gofficers (a) vehicle inspectors; and 02 5 2 (b) examining officers, © and may, by notice in the Gazette, appoint such other officers as may be necessary for the better carrying out of the purposes and provisions of this Act. 354 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (b) Records Registers 5.–(1) The Registrar shall keep in the prescribed form- (a) registers of all motor vehicles and trailers registered under this Act; and G. (b) registers of all driving licences, issued under this Act, f O A and shall cause every Deputy Registrar to keep registers of alilo n o motor vehicles, trailers and engineering plant registeredm ibs sy him and of driving licences issued by him. r t p e (2) The registers shall be open for inspection on ou ith demand by a police officer who shall be entitled to copy aendy w entry in a t Register. trib u di s Searches 6. The registers in the custody of the Regeisd torrar shall be open for inspection by members of the public duucd ring prescribed hours o upon payment of the prescribed fe r re ep. be Repealed 7.–11. [Repealed by Act No. m1 a6y of 1994.] ok bo [ss. 6A-6E] is th Certified copies 12.–(1) The Registrrtaor f shall, upon payment of the prescribed fee, furnish to an a o papplicant a certified copy of any entry in any Register. d. N (2) The rve se copy of any entry in a Register which is certified under tts hr ee hand of the Registrar shall be deemed to be a corr g l eric ht copy and shall be prima facie evidence of all statements l cao. A i ntained therein in all court proceedings. anz [s. 7] anT t o f en PART II ern m v REGISTRATION OF MOTOR VEHICLES, ETC. o 25 G 20 Use of motor 13.–(1) A person shall not use on any road a motor vehicle or © vehicles, etc., without trailer, other than a motor vehicle or trailer exempted from the registration provisions of this Act, unless such motor vehicle or trailer is prohibited registered under the provisions of this Act. 355 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (2) Where any motor vehicle or trailer is used in contravention of the provisions of subsection (1), the owner of the motor vehicle, or as the case may be, the trailer as well as the driver of the motor vehicle commits an offence and on . conviction shall be liable to a fine not exceeding fifty thousand OAG shillings or imprisonment for a term not exceeding five years of n or to both and, in addition thereto, the court may order tihseios forfeiture to the Government of the motor vehicle or the tprea rimler, as the case may be. ut tho d w i [s. 8] ute Classification of 14.–(1) For the purposes of registration undeisrtr ibthis Act, motor motor vehicles, etc. vehicles and trailers shall be divided into osr udch classes as may be prescribed by regulations made by tuhcee d Minister responsible for finance. pro d (2) A vehicle designed to be rsebe upported on a cushion of air hereinafter referred to ams aay “hover vehicle” shall, for the purposes of this Act, be deemk oo ed to be a motor vehicle, whether or not it is adapted or ihnist ebnded for use on roads but, subject to t the provisions of subosfe rt ction (3) of this section, shall be treated as not being a moo tpo ar vehicle of any of the classes or description prescribed undd. Ner this Act. (3) The eMrv e s inister may, by regulations provide that- (a) tsa rn ey provision of this Act which would otherwise apply h l ri g to hover vehicles shall not apply to them, or shall Al ia. apply to them subject to such modifications as may be anz specified in the regulations; or Tan f (b) any such provisions of this Act which would not o en t otherwise apply to hover vehicles shall apply to them m ern subject to such modifications, if any, as may be specified ov 5 G in the regulations. 20 2 [s. 9] © Application for 15.–(1) An application for the registration of a motor vehicle registration of motor vehicles or trailer shall be made in the prescribed form by the owner of the motor vehicle or trailer to the Registrar and accompanied by the prescribed fee. 356 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (2) A person under the age of eighteen years shall not be registered as the owner of a motor vehicle or trailer: Provided that, a person who has attained the apparent age of fourteen years may be registered as the owner of a motorcycle. . (3) A person adjudged under any law to be of unsound OAG mind shall not be registered as the owner of a motor vehicle n o f or trailer: iss io Provided that, any person authorised to act as the trusptee rme of such person of unsound mind may be registered as thoeu to wner in his capacity as a trustee. with d (4) For the purposes of this section “pres te bcuribed” means prescribed by regulations made by the Minisitrd siter responsible for finance. or ce d du [s. 10] pro Registration of 16.–(1) The Registrar shall, priore t rb oe the registration of a motor motor vehicle, etc. vehicle or trailer verify the p y ma rticulars in the application for registration and shall satisof oyk himself that- (a) the motor vehiics h lbe or trailer is in a fit and proper t condition fortr o ft he purposes for which it is intended to be used a npao d he may for that purpose send the motor vehicled. t No an inspector for examination; (b) the rve se motor vehicle or trailer has been lawfully exported e tsf rrom its country of origin or the country in which it h l ri g was last registered; . A l ia (c) the motor vehicle or trailer has been lawfully imported anz into Tanzania; and an f T (d) any tax or duty due in respect of the motor vehicle or t o en trailer under any written law has been paid. rnme (2) The Registrar shall, when satisfied as to the particulars v G o of a motor vehicle or trailer contained in an application for 250 registration, enter particulars thereof in his Register and shall ©2 assign the motor vehicle or trailer identification marks to be shown on the registration plates to be affixed to the motor vehicle or trailer in the prescribed manner and shall issue to the applicant a certificate of registration in the prescribed form for the motor vehicle or trailer. 357 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (3) Where a motor vehicle or trailer is owned by two or more persons, the registration shall be effected in the name of all the owners and in no circumstances shall registration of a motor vehicle or trailer be effected under a business name . (whether registered or unregistered) or under the name of any AG unincorporated body: of O n Provided that, where the owner is a society registeriessd io Cap. 337 under the Societies Act, the society may be registered as esrmp uch owner. t ou (4) A person who, without lawful authority or ex wci tuh se- d (a) fraudulently or knowingly alters or te b u defaces any identification marks assigned in respisetrd ci t of any motor vehicle or trailer; or or d (b) fraudulently uses, lends or p ce deurmits to be used any identification marks, ep ro commits an offence and on bceo rnviction shall be liable to a fine not exceeding te nm a tyhousand shillings or to a term of imprisonment nookbo t exceeding two years or to both. thi s [s. 11] rt o f General 17.–(1) Where a a op person being a dealer makes, in the prescribed registration in N case of dealer manner, an adp. plication in that behalf to the Registrar that he may bese re ventitled, in lieu of registering each motor vehicle or traitlse rr e kept by him, to take out a general certificate of regils rtigr hation in respect of all such vehicles used by him, the l R.e Aia gistrar may, subject to any prescribed conditions and the za npayment of the prescribed fee, issue to him a general certificate n f T a of registration in respect of all vehicles used by him for such t o en purposes as may be prescribed: rnme Provided that- ov G (a) the holder of any general certificate of registration 02 5 issued under this section shall not be entitled by virtue ©2 of that certificate to use more than one vehicle at any one time, except in the case of a vehicle drawing a trailer and used for the prescribed purposes, in which case both the motor vehicle and the trailer may be 358 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] so used, or to use any vehicle in breach of any of the prescribed conditions or for any purpose other than a prescribed purpose; and (b) this section shall not operate to prevent a person . entitled to take out a general certificate of registration OAG from holding two or more such certificates. n o f (2) The assignment of general identification marks toi ssa io person holding any certificate of registration issued undepre rmthis section may be provided in the Regulations. t ou (3) A person who, being the holder of a general c ewrithtificate of d registration issued under this section, uses at anbyu tteime a greater number of vehicles than he is authorised to us tri deis by virtue of such certificate or certificates commits an offend coe r and shall be liable to the penalties provided for under secdtui coen 13 of this Act. ep ro [s. 12] be r Certificate of 18.–(1) A person driving oary being in charge of a motor registration to be m carried in vehicle vehicle or trailer shall carryk oo with him the original certificate of registration or duplichias tbe copy thereof duly authorised by the t Registrar, issued in r eof rt spect of such motor vehicle or trailer and shall produce it of op ar inspection by any police officer or vehicle inspector who N d. may demand an inspection of the certificate. (2) A peerrsv e s on who fails to comply with any of the requirements of subses cr e t tion (1) commits an offence and on conviction shall be liaigbhl r le to a fine not exceeding ten thousand shillings or to l iiam. Aprisonment for a term not exceeding two years or to both. anz [s. 13] an f T Identificnat i oon 19.–(1) Where the identification marks or any of them required marks e rnm to be fixed on a motor vehicle or a trailer in pursuance of ov e this Part are not fixed, or if being so fixed, any of them are in G 02 5 any way obscured, rendered or allowed to become not easily ©2 distinguishable, the owner as well as the driver of the vehicle severally commits an offence: Provided that- (a) a person charged under this section with obscuring a mark, rendering or allowing it to become not easily 359 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] distinguishable shall not be liable to be convicted on the charge if he proves to the satisfaction of the court that he took all steps reasonably practicable to prevent the marks from being obscured or rendered not easily . distinguishable; and AG O (b) should the marks be temporarily obscured or rendered f n o not easily distinguishable through the action or defausltiois of the driver of the vehicle, the driver and not the owermp ner commits an offence. ou t (2) Identification marks other than those prescribith w ed under d this Act or by or under any other written law shbaul tel not be fixed to any motor vehicle or trailer. i dis tr (3) Where a registered motor vehicle oro rt d railer is broken up or destroyed, the registered owner shdaul cle, within thirty days of such occurrence, notify such fact eipn ro writing to the Registrar with whom the vehicle is reg bies trered and shall return the registration certificate relatin mg a yto the vehicle to the Registrar. (4) Where a registeredb om okotor vehicle or trailer is being sent permanently out of Ta is tnh zania the registered owner shall, prior to such happening, rnt oo f tify the Registrar with whom the vehicle is registered and os ph aall return the registration certificate relating to the vehicle . N e dto the Registrar. (5) A p rv serson who contravenes or fails to comply with any e of the ps rrht ovisions of this section commits an offence and on conllv rii gction shall be liable to a fine not exceeding five thousand sh. Aia illings or to imprisonment for a term not exceeding twelve an nz months or to both. f T a o [s. 14] nt e Preersnu mmption of 20. A person in whose name a motor vehicle or trailer is oovwnership G registered shall be presumed to be the owner of the vehicle 250 unless the contrary is proved. ©2 [s. 15] Notice of change 21.–(1) A person who sells or disposes of a registered motor of ownership vehicle or trailer shall within seven days after the sale or disposition of any kind of a registered motor vehicle or trailer- 360 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (a) notify the Registrar, in the prescribed form accompanied by the prescribed fee, of the sale or disposition, the name and address of the new owner, the mileage recorded on the mileage recorder (if any) of the motor vehicle and of . such further particulars as may be prescribed; and OAG (b) deliver the registration certificate of the vehicle to the of Registrar. sio n is (2) Subsection (1) of this section shall not apply to a chearmp nge of possession consequent on a contract of hiring whoue t re the period of hiring does not exceed three months or ith w where the d registered owner continues to employ and pay tbhue te driver of the motor vehicle or trailer, as the case may be. i dis tr (3) Where a motor vehicle or trailerd ow r hich is subject to a hire purchase agreement is lawfully ce du repossessed under the terms of that agreement, the propvroe isions of subsection (1) shall apply as if the registered boew r ner had sold or otherwise disposed of the motor vehic lme a yor trailer to the person entitled to repossess it: k bo o Provided that in an is yth such case, subsection (1) shall apply as if references therein f art oto the seller were references to the person so repossessing toh pe vehicle. (4) The Rd.e N e gistrar shall, in registering the change of ownershipse or vf a motor vehicle or trailer, make an entry thereof e in theh atsp rpropriate Register and shall amend the certificate of regills rti gration accordingly or issue a new certificate of registration aian. Ad deliver the amended certificate or the new certificate, as n nz a the case may be, to the new registered owner of the motor Ta of vehicle or trailer. nt e [s. 16] ern m ov GExemption from 22. The Minister may, by order published in the Gazette, 25 registration, 0 licensing, etc. provide for the exemption, either wholly or partially, and ©2 either conditionally or unconditionally, of persons, of their motor vehicles or trailers or of any class of persons of motor vehicles or trailers, from all or any of the requirements of this Part or of the regulations. [s. 17] 361 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Offences and 23. A person who- penalties (a) uses or permits to be used a vehicle required to be registered under this Part without the identification marks assigned thereto affixed thereon in the manner . prescribed; OAG (b) affixes on any vehicle required to be registered under f n o this Part identification marks not assigned to th io isast vehicle or fixes the identification marks so assignpee rdm in a manner other than the manner prescribed; ou t (c) gives false information or makes an incorrect th w sitatement- d (i) when effecting or changing the regutieb stration of a motor vehicle or trailer; tri dis (ii) when applying for a certificdaoter of registration or duplicate of a certificate o e duf c registration in respect of any vehicle; rep ro (iii) to the Registrar or bae prospective buyer, as to the mileage recordedm ay on the mileage recorder (if any) of a motor vebho oikcle; (iv) when effec f th tising the change of ownership of a motor vehicler to or trailer; or (v) when p ao applying for a dealer’s vehicle licence; (d) alters t N edh . e mileage recorder, if any, on a motor vehicle so as steor v reduce the mileage recorded; e (e) htso rbtains, uses or permits to be used dealer’s identification l ri g l marks otherwise than in accordance with the provisions . Aia of this Part or of regulations made in that behalf; za n n (f) fails to surrender his certificate of registration for a of T alteration, cancellation or inspection when required so nt e to do by the Registrar or a police officer; or m ern (g) fails to comply with the provisions of section 21(1), Gov commits an offence and, on conviction, shall be liable 25 20 to a fine not exceeding ten thousand shillings or to a © term of imprisonment not exceeding two years or to both. [s. 18] 362 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] PART III DRIVING LICENCES Driving without 24.–(1) A person shall not drive any class of motor vehicle on a . valid driving licence prohibited road unless he is the holder of a valid driving licence or a valid AG O learner driver’s licence issued to him in respect of such class of of motor vehicle. sio n is (2) A person who owns or who has charge of a motor veehrm p icle t or trailer of any category shall not allow or permit anthyo u person to drive such motor vehicle unless such persons is tdh we i holder of a valid driving licence or a valid learner driverr’isb u lteicence issued to him in respect of that class of motor vehi st or cdile or trailer. d e [s. 19] du c Classification of 25.–(1) For the purpose of issuinepg ro driving licences, motor motor vehicles, r etc., for driving vehicles shall be classified in suc hbe manner as may be prescribed licences in the Regulations. y m a (2) Regulations may proov k b ide that a person licensed to drive any one class of motor t hv isehicles shall be entitled to drive any of the other classes oaf f r tm o otor vehicles and may also provide that, before a person aop pN plies for a licence to drive any specified class of motor veheidc . les, he shall be required to hold a valid driving licence in rv e sreespect of any other class of motor vehicles. r hts [s. 20] ll r ig Learners driving 2 A ia6. .–(1) The Registrar may, upon the application of a learner licences an Act No. nz driver in the prescribed form accompanied by the prescribed 16 of 1996 s.f 3T a fee and, in the case of an application for a licence to drive a t o en motor vehicle other than a motorcycle, upon being satisfied rnme that he has attained the prescribed age and made arrangements Gov for receiving instructions in driving from a driving school or 25 20 a certified driving instructor, issue the applicant with a learner © driving licence in the prescribed form authorising him to drive while under the personal supervision of his instructor, but a motorcycle may be driven solo. 363 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (2) A learner driver’s licence shall be valid for three months and may, in the discretion of the Registrar, be renewed for periods of three months at a time upon payment of the prescribed fee, but a learner driving licence shall not be . renewable after a period of fifteen months beginning with G OA the date on which it was first issued unless the applicant has, of n within such period of fifteen months, submitted himself fori sast io least one driving test. erm ut p o [s. 21] ith w Identification 27. When a motor vehicle is being used for th d uete purposes of marks for vehicle used for driving instructing a learner driver, it shall display sutcrihbis identification lessons marks and in such manner as may be prescrr d o ibed. ed uc [s. 22] rod Driving test 28.–(1) A learner driver may at an ep e ry time after one month from the date when a learner drivinagy blicence was first issued to him present himself to the Regi osktr mar for a driving test. bo is (2) Driving tests shoaf l tlh be conducted, upon payment of the prescribed fee, by aertp x amining officers in such manner as may be prescribed o o . Nr a s the Minister may direct. ve d (3) Notw er reisthstanding the provisions of subsection (1), where the Rehgtsi strar is of the opinion that an applicant for a driving g testl l iriA s experienced in driving a motor vehicle, he may accept ntiah . e application for a test whether or not such applicant holds a nz a a learner driving licence. of T [s. 23] en t m Ceerrtnificate of 29. Where the examining office is satisfied that- v G ocompetence (a) the applicant is competent to drive a motor vehicle of 02 5 2 the class of which he desires a driving licence; and © (b) the applicant has a good knowledge of this Act, the Highway Code, the road signals and the road signs, 364 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] the examining officer shall, upon payment of the prescribed fee by the applicant, issue to the applicant a certificate of competence in the prescribed form. [s. 24] AG. Driving licences 30.–(1) An application for a driving licence or a learner of O Acts Nos. 16 of 1996 s. 4 driver’s licence, except an application for renewal thereossfi, o n 8 of 2019 s. 13 shall be made in person to the Registrar in the prescreirmb ied form, accompanied by the prescribed fee and the certiofiu tc pate of competence and the particulars required in such fo rwmith and the licence shall be signed by the applicant in the purte dsence of the Registrar. ist rib (2) A driving licence shall be valid for fiv d oer years from the date of issue but may, on application being med uc ade in the prescribed form and on payment of the prescproi dbed fee, be renewed for further periods of five years at ab tei mre e. (3) Where a driving licencaym e has for any reason not been renewed within a period oofo kfi ve years or more from the date of its issue or renewal whicsh bhi ever date last occurs, the licence shall t lapse and shall not rbt oe f renewable. (4) A driving ol ipc aence shall not be issued to any person- (a) who isd .u Nnder the age of sixteen years; (b) whor viese s under the age of eighteen years, except in respect tso rf e a moped; ( h lc ri)g except to a person who is over the age of eighteen years Al ia. and in respect of any other type of vehicle apart from za n that specified under paragraph (d) of this subsection; n f T a and o en t (d) in respect of a bus or a heavy commercial vehicle unless ern m that person is over twenty-one years and has acquired v G o driving experience for a period of not less than three 02 5 years. ©2 (5) A person who holds a valid international driving licence or a foreign domestic licence issued in accordance with the 1949 Geneva Convention or with the 1968 Vienna 365 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Convention, shall have that licence recognised as being valid under this Part. (6) Where the person holding an international driving licence recognised under subsection (5) extends the stay in the . United Republic, after expiration of that licence or where that OAG person extends the stay in the United Republic for more than of n six months, that licence shall be deemed not to be valid undisesr io this Part. erm t p ou [s. 25] th w i Licence point 31.–(1) For the purposes of ensuring compliautne dce with the system 6 of 2012 s. 9 provision of this Act and the conditions attaic ib sthr ed to a driving licence, every licence shall have a number d oorf points which may be deducted proportionally whenever uac ed driving licence holder commits or is convicted of an offenpcreo d under this Act. (2) The Minister may make e be rregulations prescribing the manner in which the driving y mliacence point system shall operate. k o [s. 25A] s b o i Conditional 32. Where the app loifc thant for a driving licence is a person driving licences t suffering from a pnay r bodily defect or incapacity, a driving licence issuedd m No . ay be issued conditionally upon observance of the conditieorvn es set out therein, including, where appropriate, a conditios nr es that the driving licence shall relate only to a specified class t r igo hf motor vehicles especially constructed or adapted for th. eA llapplicant’s use. nia za [s. 26] n Ta Mandatory o ft 33.–(1) A court before which a person is convicted of- cancellaetnion or suspnemnsion of (a) a first offence under section 49, 50, 51 or 53 or of section r odvr eiving licence 63(c) shall cancel such person’s driving licence for a 5 GAct No. 2 16 of 1996 s. 5 period of not less than three years and shall declare ©20 that person to be disqualified from obtaining a driving licence of any type during such period; (b) a first offence under section 61 or under section 63(d) shall suspend such person’s driving licence for a period of not less than three months but not exceeding one 366 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] year and shall declare that person to be disqualified from obtaining a driving licence of any type during the period of suspension; (c) a first offence under section 63(a) or (b) shall disqualify . such person from driving or cancel such person’s OAG driving licence, as the case may be, for a period of not of n less than one year and not less than six years respectiveislsy io and shall declare that person to be disqualifiedp ef rmom obtaining a driving licence of any type duri t onug such period; ith d w (d) a second or subsequent offence under sueteb ction 49, 50, 51 or 53 shall cancel such person’s dirstd irvi ing licence for a period of not less than six yead ros r and shall declare that person to be disqualified f e druo c m obtaining a driving licence of any type for such preoe riod; (e) an offence under section b6e8 r shall suspend such person’s driving licence for a m apyeriod of not less than twelve months and shall ok bdoeclare that person to be disqualified from obtaining th a is driving licence of any type during the period of su f rst po ension; (f) a secondo op ar subsequent offence under section 52, 61 or 63(dd. N e ) shall suspend such person’s driving licence fors ear v period of not less than twelve months but not re htse xceeding three years and shall declare that person to rigll be disqualified from obtaining a driving licence of any A ia. type during the period of suspension; za n n (g) a second or subsequent offence under section 63(a) or Ta of (b) shall declare that person to be further disqualified nt e from obtaining a driving licence for six years or ten ern m years, respectively; ov G (h) an offence under section 54- 5 20 2 (i) where the proportion of alcohol in his blood © exceeded the prescribed limit but did not exceed one hundred and fifty milligrammes of alcohol in one hundred millilitres of blood at the time he provided the specimen, shall, on the first 367 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] conviction, suspend such person’s driving licence for a period of not less than six months but not exceeding one year and shall declare that person to be disqualified from obtaining a driving licence . of any type during the period of suspension; OAG (ii) where the proportion of alcohol in his blood of n exceeded the prescribed limit but did not exce io iessd one hundred and fifty milligrammes of alpceo rmhol in one hundred millilitres of blood at tohu te time he provided the specimen, shall on itah w second d conviction, suspend such person’s bdur teiving licence for a period of not less than t tri dwis o years but not exceeding three years and shad lol r declare that person to be disqualified from obdtua ceining a driving licence of any type during the r e p eoriod of suspension; (iii) where the proport bieo rn of alcohol in his blood exceeded the pr emsacyribed limit but did not exceed one hundred oakbo nd fifty milligrammes of alcohol in one hu thn isd red millilitres of blood at the time he prorvt oid f ed the specimen, shall, on a third or subsoe pq auent conviction, cancel such person’s dr. iNed ving licence for a period of not less than ervs three years and shall declare that person to be re hts disqualified from obtaining a driving licence of l ri g l any type during such period; A ia. (iv) where the proportion of alcohol in his blood za n n exceeded one hundred and fifty milligrammes a of T of alcohol in one hundred millilitres of blood at nt e the time he provided the specimen, shall, on first m ern conviction, cancel such person’s driving licence ov G for a period of not less than three years and 25 20 shall declare that person to be disqualified from © obtaining a driving licence of any type during such period; 368 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (v) where the proportion of alcohol in his blood exceeded one hundred and fifty milligrammes of alcohol in one hundred millilitres of blood at the time he provided the specimen, shall, on a . second or subsequent conviction, cancel such OAG person’s driving licence for a period of not less of n than six years and shall declare that person to bseiois disqualified from obtaining a driving licenpce rem of any type for the stated period; or ou t (vi) where it appears that the person holdin ith wg a driving d licence is likely to be a source ofb ud teanger to the public while driving on a publ tri diics road, the court may suspend or cancel that li r dc eonce or in the case of an international driving licceedu nce, enter in the space provided for the purp ro eopse, an endorsement to the effect that the lice n r bece is not valid in Mainland Tanzania, may unless the court for speciaolob rkeasons thinks fit to order a shorter period of cancellation is th or suspension of that person’s driving licence and to ordertr o fhim to be disqualified from obtaining a driving licence foo pr a a shorter period or not to order him to be disqualified. d. N e (2) The rv s ecourt shall, where the person convicted of any of the e offenchets rreferred to in subsection (1) holds a driving licence, endllo rir gse the particulars of the conviction thereon. a. A i [s. 27] anz DiscretionaryT an powers of f 34.–(1) A court before which a person is convicted of- cancellatnito o e n or (a) an offence under section 52 or 62 may, in its discretion, suspension Acetrn m s Nos. cancel or suspend such person’s driving licence for a v G o4 of 1990 s. 2; period not exceeding six months and declare that person 25 16 of 1996 s. 6 0 to be disqualified from obtaining a driving  licence of ©2 any type during the period of cancellation; (b) an offence under section 62 when such person has already been convicted of an offence under section 49, 50, 51, 53, 54, 61 or 63 may, in its discretion, cancel 369 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] or suspend such person’s driving licence for a period not exceeding two years and declare that person to be disqualified from obtaining a driving licence of any type during the period of cancellation or suspension; . or OAG (c) any offence under this Act while his driving licence is of n endorsed, may, in its discretion, cancel or suspend su io icssh person’s driving licence for a period not exceedin rm pge one year and declare that person to be disqualifioeud t from obtaining a driving licence of any type d th wiuring the d period of cancellation or suspension. te bu (2) Where- i dis tr (a) the court suspends a person’s ddr iovr ing licence under subsection (1) of this sectionu cd aend after a period of suspension; and ro ep (b) that person continues t r y b oe contravene the provisions of sections 52, 63(d) a mand 70 despite the endorsement under sections 35 oaob nkd 38, a police officer of, or above, the rank of Asstihsis t ant Superintendent may suspend that person’s drivrti on f g licence for six months. (3) A police o op afficer of, or above, the rank of Assistant Superintendedn. e tN may- (a) isssueer v a warning to a person who contravenes the sp r e ht rovisions of section 13, 23(a), (b) or (c), 53, 61, 67 or g ll r i 68 and endorse the contravention and warning on the a. A i driving licence of that person; and an nz (b) where a person has been warned in accordance with Ta of subparagraph (a) of this subsection continues to nt e contravene the same provisions for which the warning ern m was issued, suspend the driving licence of that person Gov for a period not exceeding six months. 25 20 (4) A person whose driving licence is suspended under © subsections (2) or (4)- (a) may appeal to a court but immediately after the suspension order shall not drive a motor vehicle or any other vehicle pending the determination of the appeal; 370 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (b) where he does not appeal or appeals but his appeal fails he shall not drive a motor vehicle or any other vehicle until on the expiry of the suspension period. (5) A person who applies for a driving licence after a period . of suspension of his former driving licence shall first undergo OAG a driving test in accordance with section 28 of this Act. f n o (6) For the purposes of this section, an appeal from saiois suspension by a police officer shall lie to the subordinate cpeo rmurt, and an appeal from a suspension by a subordinate coouur t t shall lie to the High Court. ith d w (7) Notwithstanding subsection (2) of this sbeuc tetion, a police officer of or above the rank of Assistant Sup tri deisrintendent, shall suspend a driving licence pending the r d doecision of a court, where the person holding that driving ulcd iceence is prosecuted by reason that the person holding tha ro etp driving licence- (a) while driving a motor ve bhe ircle, has caused the death of another person; may (b) was driving a mot o bo rk vehicle when under the influence of any intoxica is tthing beverage, drug or substance; or (c) has left the rts oc fene of an accident in which any other person wo pa as killed or injured, without rendering assist N eadn . ce in accordance with the provisions of this Acste.r v e (8) hThs rt e court shall endorse the particulars of the conviction of alln riy g of the offences referred to in this section on the driving liaic. Aence of the person convicted. za n n [s. 28] f T a o Endorseenm t ents 35.–(1) A court before which a person is convicted of any m ern offence under this Act, other than an offence under Part VI of v G o this Act, may endorse the particulars of the conviction on the 02 5 convicted person’s driving licence. ©2 (2) An endorsement on a driving licence shall be for such period not exceeding two years as the court shall specify. [s. 29] 371 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Appeals 36. An appeal shall lie against an order made by the court under section 33, 34 or 35 of this Act in the same manner as an appeal against a conviction and, where an appeal is lodged, the court making the order or the court to which the appeal . lies may suspend the operation of the order pending the OAG determination of the appeal. of n [s. 3 io is0s] erm Issue of duplicate 37.–(1) Where a driving licence or learner driving liocue t np ce is driving licences lost, defaced or mutilated, the Registrar shall, o n th wi payment of the prescribed fee, issue to the holder thereuotef d a duplicate driving licence, or a duplicate learner drivintgribis licence, as the case may be. or d (2) Where any driving licence or ulceea drner driving licence which has been lost is subsequentlyp rofo d und, the holder thereof shall forthwith deliver up to the Re er e b gistrar any duplicate issued under subsection (1) of this smeac y tion. (3) On the issue of a k oo duplicate driving licence to any person, the Registrar hsihs ball enter on that driving licence the t particulars endorsredof t on any previous driving licence held by him unless ot hp ae holder has previously become entitled under this Ac. tNd to the issue of a driving licence free from endorsemeenrv e s t. (4) Ats r eperson whose driving licence is endorsed by a court undl erirg h section 35 of this Act (who has not previously become l eian. Atitled under this Act to have a driving licence issued to him za nfree from endorsement) who applies for or obtains a driving n f T a licence commits an offence and on conviction, shall be liable nt o e to a fine not exceeding ten thousand shillings or to a term of ern m imprisonment not exceeding two years and any driving licence ov G so obtained shall be declared invalid by the court. 250 (5) When a person whose driving licence is endorsed by a court ©2 under section 35 of this Act has had, during a continuous period of three years or more from the day when the endorsement was entered on his driving licence, no other endorsement entered on his driving licence, he shall, on application, be entitled 372 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] at any time, subject to the payment of the prescribed fee and on surrendering any subsisting driving licence, to have a new driving licence issued to him free from endorsement. (6) In reckoning the period of three years for the purposes of . subsection (5), any period during which the applicant’s driving G OA licence was suspended by an order of a court and the period, if f n o any during which the applicant was disqualified from holdinissg io or obtaining a driving licence shall be excluded. erm ut p o [s. 31] ith Production of 38. A person whose driving licence is suspendedte d w or cancelled driving licence u for cancellation or whose driving licence is required for endtoribis rsement under or endorsement the provisions of section 33, 34 or 35 shall ofro drthwith surrender the driving licence to the court for part ed uiculars of the conviction to be endorsed thereon. rod rep be [s. 32] ay Custody of 39. Where the court cance m olks or suspends a driving licence or driving licence while cancelled, orders a driving licenceis bto o be endorsed under the provisions h etc. of section 33, 34 or t o3f5, the court shall send notice thereof to t the Registrar and p sah r all, in every case where a person’s driving licence is cancd.e Nloled or suspended, forward the driving licence to the Regiesrtvr ear. s r es [s. 33] t rig h Application for 40A. ll. A person who applies for a driving licence after a period of driving licence ia after cancellation ancancellation of his licence after his previous driving licence has nz Ta expired shall in all respects be treated as if he were applying for of t a driving licence for the first time. en nm [s. 34] er ov 5 GRemoval of 41.–(1) A person who, by virtue of a conviction for an offence 022 disqualification © or an order made under this Act, is disqualified from holding or obtaining a driving licence may, at any time after the expiration of twelve months from the date of such conviction or order, apply to the High Court to remove such disqualification and the High Court may, if it thinks fit, and having regard to- 373 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (a) the character of such person; (b) his conduct subsequent to such conviction or order; (c) the nature of the offence; and (d) any other circumstance of the case, . either, by order, remove the disqualification from such date as G OA may be specified by the High Court or refuse such application. of n (2) Where an application under subsection (1) of thisiss io section has been refused, a further application thereupen rmder shall not be entertained within six months after the datuet o of the refusal of the application. ith d w (3) Where, under this section, the High C te buourt orders a disqualification to be removed, it shall caused isp trai rticulars of the order to be endorsed on the driving licencore d , if any, previously held by the applicant and may, in any ce dcuase, order the applicant to pay the whole or any part of thee cp roosts of the application. r y b e [s. 35] a Automatic 42. A person who- ok m disqualification o (a) is disqualified fhrios mb obtaining a driving licence; t (b) has had his rdt or fi ving licence cancelled; or (c) is in any ow p aay where prohibited from driving any class of motdo. Nr vehicles, in Kenyase r veor Uganda shall be subject to the same disqualtsi fir ecation, cancellation or prohibition in Tanzania as if sul rcigh h disqualification, cancellation or prohibition had been l iiam. Aposed by a court in Tanzania. za n [s. 36] an f T Offencesnt o 43. A person who- e rnm (a) owns a motor vehicle (other than a motorcycle) which e ov is used on a road for the purpose of instructing a G 02 5 person to drive the motor vehicle, when at the time the ©2 motor vehicle is being so used for instruction there is no person in the motor vehicle holding a valid driving licence issued under this Part for driving such motor vehicle; 374 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (b) instructs any person to drive a motor vehicle on a road when he is not in possession of a valid driving licence issued under this Part for driving the vehicle for the driving of which he gives such instruction; . (c) while in possession of a learner driving licence drives a G OA motor vehicle without a person holding a valid driving n o f licence in respect of such vehicle being in or on t io ihsse motor vehicle at the time; rm pe (d) while in possession of a learner driving licencoeu, t drives a motor vehicle which is not at the time wdi thisplaying d the prescribed identification marks in te btuhe prescribed manner; or str i di (e) makes a false statement or gives fal soer d information when applying for any licence underd ut cheis Part, commits an offence and on conepv rioction shall be liable to a fine not exceeding ten thousaen r b d shillings or to a term of imprisonment not exceedin g y m atwo years or to both. ok bo [s. 37] thi s Offences of 44.–(1) A person rw t oh f o is disqualified under this Act from applying for, or obtaining, driving obtaining a drivo ipn ag licence and who applies for or obtains licence or driving a driving licde.n Nce while he is so disqualified commits an while disqualified offence an e sedr v any driving licence so obtained shall be of no effect. e hts r (l2 ri)g A police officer may arrest, without warrant, any person l hae. A i finds driving a motor vehicle while he is disqualified from anz holding or obtaining a driving licence under this Act, whether n f T a or not by an order of a court, or if the disqualification is nt o e limited to the driving of a motor vehicle of a particular class or rnme description, a motor vehicle of that group or description, while v G o he is so disqualified. 02 5 [s. 38] ©2 375 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] PART IV USE OF MOTOR VEHICLES Condition of 45.–(1) A motor vehicle or trailer shall not be used on a road . motor vehicle, etc., for use on or in any other public place unless the motor vehicle or trailer AG O road and all parts thereof and its equipment, including its chassis, f n o Acts Nos. o 4 of 1990 s. 7; engine, gear system, brake system, body work or any paisrst i 16 of 1996 s. 7 thereof, tyres and lights- rm t p e 17 of 2010 s. 40 (a) are in good repair and in efficient working othrod uer, and are in such condition that the driving of thde w v i ehicle on the road either in the daytime or at nirgibh utte is not likely to be a danger to the persons travel dliisn t g on the motor r vehicle or trailer or to other useresd o of the road; and (b) fully comply with any requiroed umc ents or specifications prescribed in respect there roe pf rby the regulations. (2) A motor vehicle or trailye br e shall not be used on a road with a load greater than tkh a me load capacity declared by the manufacturers of the cha bsos ois of the motor vehicle or trailer or greater than the load cf athp isacity determined under the provisions of this Act. o art (3) A motorN ov ep hicle or trailer shall not be used on a road where the drvies dt.ribution, packing and adjustment of the load is such as troes m e ake it a danger to persons travelling on the motor vehicgleh t so r trailer or to other users of the road. (ll4 riA ) For the purposes of subsections (2) and (3) of this nsiae .ction, persons travelling on a motor vehicle or trailer shall za an be deemed to be part of the load: of T t Provided that- enm (a) a child who is under the apparent age of three years and ernv who does not occupy a seat shall not be deemed to be a o 5 G passenger; 02 ©2 (b) any two children, each of whom is over the apparent age of three years and under the apparent age of twelve years, shall be deemed to be one passenger; and Cap. 317 (c) in the case of a vehicle licensed under the Transport Licensing Act, the provisions of subsections (2) and 376 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (3) shall be deemed to have been contravened if any provisions of that Act or any condition of the licence issued under that Act in regard to the weight of the load or the number of passengers is not complied with. . (5) A person who uses on a road a motor vehicle or trailer OAG in contravention of the provisions of subsection (1), (2) or (3) of n commits an offence and on conviction shall be liable to a fiinsse io not less than fifty thousand shillings but not exceeding pteh rmree hundred thousand shillings or to imprisonment for a toeur t m not exceeding three years or to both. ith d w (6) For the purposes of this section- uteb (a) any person who causes or permitsd atriis motor vehicle or a trailer to be used in contrave onr d tion of any of the provisions of this section; uc e d (b) in the case of a contraventieopn ro of subsection (1) of this section, any person who r bies shown to the satisfaction of the court to be responasy m ible for the maintenance of the motor vehicle or troaob ikler; and (c) in the case of ias th contravention of subsection (2) or (3) of this s f rte oction, any person who is shown to the satisfactioo np a of the court to have been responsible for the ma.i nNed tenance of the motor vehicle or trailer, commits r saenv offence and shall be liable to the penalties e providhetsd r for by this section. (ll7 ri) g For the purposes of subsection (6)(a) and without p A iar. ejudice to paragraph (b) or (c) of that subsection, where the an nz person using a vehicle in contravention of any of the provisions a of T of this section is an employee of the owner, the employer t en shall be deemed to have permitted the vehicle to be used in m ern contravention of such provision of this section unless he can v G o satisfy the court that at the relevant time the vehicle was not 5 20 2 being used by the employee in the course of or in connection © with his employment or that the employer, took all reasonable steps necessary to ensure that such contravention would not occur. 377 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (8) Where a person is convicted of an offence under the provisions of subsection (1), (2) or (3) of this section in respect of the same motor vehicle or trailer two or more times within a period of twelve months, the court may . order the Registrar to suspend the registration of such OAG vehicle or trailer for a period not exceeding twelve months, n o f and in that event the owner of the vehicle shall surrendisesr io the certificate of registration issued in respect of the veehrmp icle to the Registrar, who shall retain it in his custody unotui t l after the expiration of the period of suspension whe th wni he shall d return it to the owner. uteb (9) When the registration of a motor vehisictr i d le or trailer has been suspended under subsection (8) of dt ho ri s section, a refund of registration fee shall not be made. e du c (10) Where the registration of ae mp rootor vehicle is suspended under this section or any other r bperovisions of this Act, and the Registrar is satisfied that the o y mw anership of the vehicle has passed to some other person by aoo k b bona fide sale or disposition or by operation of law, and is ththat the vehicle no longer contravenes any of the provisionrts o o f f subsection (1), he may register the new owner as the owno ep ar and release the certificate of registration to the new owneedr . .N (11) A rv speerson shall not drive a motor vehicle or any other e vehicle r ht sunless that person and any front-seat passenger in that moltl ori gr vehicle is securely wearing a safety belt. A ia. (12) A person shall not drive a two-wheeled or three- an nz wheeled motorcycle unless that person is wearing a helmet on a of T the head and the Minister may exempt any person from the en t requirement to wear a helmet while so driving. ern m (13) Subsections (11) and (12) shall come into operation on ov G a date as the Minister may, by notice published in the Gazette 25 20 appoint. © (14) A driver of a vehicle shall drive a vehicle in such a way as to avoid undue noise, unnecessary emission of smoke, steam or gas from the vehicle when leaving or refueling that vehicle. 378 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (15) A driver of a vehicle shall when driving through a residential area ensure that the driver causes no disturbance to another person near that residential area and that driver shall adjust the route, speed and the manner of driving in . order to avoid unnecessary disturbance to residents in that OAG residential area. n o f (16) A person who contravenes the provisions of thissiois section commits an offence. rm t p e ou [s. 39] ith w Permissible 46.–(1) Where a permissible maximum weighut tef dor a vehicle weight Act No. is prescribed, the laden weight of that vehicle r is ts ibhall not exceed 16 of 1996 s. 8 that permissible maximum weight. r d o (2) A load on a vehicle shall be arrcedu anged and secured to prevent that load from- pro d (a) endangering persons or e bec ar using damage to public or private property and afym r om trailing or falling on the road; oo k (b) obstructing theh ids rbiver’s view or impairing the stability of driving of tohf t rt e vehicle; (c) causing a on poise, raising dust or creating any other nuisandc. Ne which can be avoided; and (d) concrveese aling lights, including the prescribed lights and tsd ri erection indicators, reflectors, registration number h l ri g plates and the distinguishing sign of the state of . A l ia registration of the vehicle or from concealing any signal anz given by hand. an f T (3) A driver of a vehicle shall ensure that all accessories such nt o e as cables, chains and sheets used to secure or protect the load rnme are drawn tight and firmly fastened around the load. ov G (4) A driver of a vehicle shall in all cases where there is a 250 load projection which is not likely to be noticed by a driver ©2 of any other vehicle, ensure that any load projecting beyond the front, rear or side of the vehicle, is clearly marked in the manner prescribed under the provisions of this Act. 379 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (5) A driver of a vehicle which has been constructed or designed solely for the carriage of goods may, under special conditions to be prescribed under this Act, carry passengers in the space reserved only for goods. [s. 39A] AG. O of Use of signals 47.–(1) Where a driver of a vehicle thinks that it is necessaryio ns Act No. s 16 of 1996 s. 8 to prevent or to avoid any danger, that driver of a vehicle esrhm iall give a warning using an audible or luminar signal or soh p uta ll use any other expedient means in order to attract the a wtit thention of any other road user. ute d (2) A driver of a vehicle shall not use as tri wib arning signal for any purpose other than that specifieodr dunder subsection (1) of this section or shall not signal uocer d prolong the audible signal for a longer period thanp roi dt is reasonable in the circumstances. re be (3) Where a driver of a veh y miacle intends to move off from the side of a road, make an abko oo ut turn, change lanes or intends in any other way to mhias kbe a significant change in the lateral f tposition of the vehirct ole which that driver is driving, that driver of a vehicle shalol pf aor the guidance of other road users signal with directiond. Nindicator lights if such lights are prescribed for that vesheri vcele or if not, the driver of a vehicle shall signal by stretchtisn rg e out his arm horizontally to the side in which that drivl erigr h intends to move or manoeuvre. Al ia. (4) Where a driver of a vehicle intends to stop or to slow za ndown abruptly, that driver of a vehicle shall inform other an f T road users by signalling with stop lights where such lights are t o en prescribed for that vehicle or if not prescribed that driver of a rnme vehicle shall signal by raising the arm. ov G (5) A driver of a vehicle who intends to give any sign or signal 02 5 under this section, shall give that sign or signal in enough time ©2 before beginning the intended manoeuvre, in a clearly visible and unambiguous manner and such sign or signal shall cease as soon as the manoeuvre is completed. 380 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (6) This section shall not exempt a driver of a vehicle from the obligation of observing other regulations relating to manoeuvre. (7) A driver of a vehicle who contravenes the provisions of . this section commits an offence. G OA [s. 39B] of sio n s Use of light 48.–(1) For the purposes of “light” in this section, “neirgmh i t” Act No. t p 16 of 1996 s. 8 means the period between sunset and sunrise and oinu cludes other times when visibility is low due to fog, ra i th wni , passage through a tunnel or due to any other reasons. tedu (2) A driver of a vehicle driven on a publtircibis road at night, other than a two-wheeled motorcycle wit h d oro ut a side car, shall make use of the lights as prescribed ufcoer d that vehicle but no driver of a vehicle shall make use opf role dss than two white lights at the front and two red lights at t hrebe e rear. (3) A driver of a vehicmle ay or a combination of motor vehicles to which subse k ooct ion (2) does not apply, shall, when driving that vehhisc ble on the road, make use of at least t one  white light  at otfh rt e front and at least one red light at the rear. pao (4) Whered .a N motor vehicle is driven on a public road at night, the rve sde river of that vehicle shall switch on the prescribed full beatsm r e or dipped headlights depending on the visibility. (l5 ri)g hDipped headlights shall be used- Al ia. (a) on streets in built-up areas with street lighting; anz (b) where a driver of a vehicle is approaching an oncoming Tan f traffic so as not to cause undue dazzle or inconveniences nt o e to such traffic; and m ern (c) where the driver of a vehicle is about to overtake and Gov pass another vehicle to prevent dazzle far enough and 02 5 to enable the driver of the other vehicle to proceed ©2 without danger. (6) A person who contravenes the provisions of this section commits an offence. [s. 39C] 381 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Causing bodily 49.–(1) A person who causes bodily injury to, or the death injury or death through of, any person by the driving of a motor vehicle or trailer dangerous recklessly or at a speed or in a manner which having regard to driving, etc. all the circumstances of the case, is dangerous to the public or . to any other person commits an offence. OAG (2) A person who, while under the influence of drink or of n drugs to such an extent as to be incapable of having propisesr io control of the vehicle, is in charge of a motor vehicle or tprea rmiler and by an act or omission in relation thereto causeosu tb odily injury to, or the death of any person commits an offeitnh w ce. d bu te [s. 40] triis Causing bodily 50. A person who causes bodily injury to d o ror the death of any injury or death through person by carelessly using a motor veh ed ucicle or trailer commits d carelessness an offence. ro e r ep b [s. 41] ay Reckless or 51. A person who, on any rook a md- dangerous driving (a) recklessly drives a b ois motor vehicle or trailer; (b) drives a mo toof trh vehicle or trailer at a speed which, t having regaarr p d to all the circumstances of the case, is or might db. Neo dangerous to the public or to any person; or (c) driverevs e a motor vehicle or trailer in a manner which, sh ra esving regard to all the circumstances of the case, is or ht rig might be dangerous to the public or to any person, co. Am ll mits an offence. nia za [s. 42] n f T a Obstructitn og 52.–(1) A person who drives any motor vehicle or trailer in official emnotorcade Act Nnmo. such a way as to obstruct, hinder or impede the progress of an 1v6e r o of 1996 s. 9 official motorcade, or who disobeys the instruction, conveyed 5 G2 orally, by signals or otherwise, of any police officer or other ©20 public officer in any vehicle escorting or forming part of the official motorcade, or of any police officer or other public officer on any road or other public place along which an official motorcade is passing or is about to pass, commits an offence. 382 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (2) For the purposes of this section, “an official motorcade” means a motorcade of two or more motor vehicles escorted by or carrying a police officer to ensure that such motorcade has a safe and unimpeded journey to its destination. . (3) A driver of a motor vehicle shall upon approach or AG O during the passing of an official motorcade on the road- f n o (a) where the road is demarcated into one traffic lane fiossr io the direction of travel, draw the vehicle to a halt paet r mthe extreme left of the road; ou t (b) where the road is demarcated into two t raithw ffic lanes d for the direction of travel, draw the ve te trib hu icle to a halt in a safe position at the extreme leftd ios f the road if the driver of the vehicle is in the left lanore d or adjacent to any vehicle which may be to the ledft e u cif in the right lane; (c) where the road is demarcate r edp ointo more than two traffic lanes for the direction o bfe trravel, draw the vehicle to a halt in a safe positio n awym hich includes a lane reserved for other persons buos oikng the road or other traffic turning right; is th (d) where the ve f rt hoicle is stopped in any lane at a controlled intersectoio pn a , remain stationary and only proceed whene din . Nstructed to do so by means of the hand signals of sae r vpolice officer or after the motorcade has passed; tsa r e h nd (lle ri) g where the road is not demarcated into traffic lanes for A ia. the direction of travel, draw the vehicle to a halt at the n nz a extreme left of the road. Ta of (4) A driver of a vehicle who contravenes the provisions of nt e this section commits an offence. m ern (5) In any proceedings for an offence under this section, a Gov certificate in writing signed by a police office of or above the 25 20 rank of Senior Superintendent of Police that a motorcade was © an official motorcade, shall be conclusive evidence of the facts stated. [s. 43] 383 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Driving a 53. A person who, while under the influence of drinks or drugs motor vehicle while under to such an extent as to be incapable of having proper control the influence of of a motor vehicle or trailer, drives or attempts to drive or is in drinks or drugs charge of a motor vehicle or trailer on any road or other public . place commits an offence. G OA [s. 44] n o f io ss Driving of 54.–(1) A person who drives or attempts to drive, or i i rsm in a motor e vehicle with charge of, a motor vehicle or trailer on a road oro ui t np any blood alcohol other public place, having consumed alcohol ith w in such concentration above prescribed quantity that the proportion thereof in h d uites blood, as limit ascertained from a laboratory test, breath- r itset s ibt or evidential Acts Nos. 4 of 1990 s. 3; breath-test analyser instrument for whi corh d he subsequently 16 of 1996 s. 10 provides a specimen under section 55e duc of this Act, exceeds the prescribed limit at  the time hpero dprovides the specimen, commits an offence. e r e b (2) A person shall not bem acyonvicted under this section of being in charge of a motooro kv ehicle or trailer where he proves that at the material time b hi st he circumstances were such that there t was no likelihood ro f t of his driving it so long as there was any probability of hios ph aaving alcohol in his blood in a proportion exceeding the N d .p rescribed limit. (3) In e sdeer vtermining for the purpose of subsection (2), the likelihotso rd e of any person driving a motor vehicle or a trailer whel nrig hhe is injured or the vehicle is damaged, the court may l diai. s Aregard the fact that he had been injured or that the vehicle n za had been damaged. n f T a (4) Notwithstanding the provisions of subsection (1), (2) or nt o e (3) of this section, any person who, when driving or in charge rnme of, or during any period of duty in connection with the driving v G oCap. 317 of, a motor vehicle licensed under the Transport Licensing 250 Act, drinks any intoxicating liquor commits an offence and on ©2 conviction shall be liable to a fine not less than ten thousand shillings but not exceeding twenty thousand shillings or to a term of imprisonment of not less than one year but not exceeding three years or to both. 384 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (5) A person who gives any driver or any person in charge Cap. 317 of a motor vehicle, licensed under the Transport Licensing Act, any intoxicating liquor, whether for reward or not, commits an offence and on conviction shall be liable to a fine . not less than ten thousand shillings but not exceeding twenty G OA thousand shillings or to imprisonment for a term not less than of n six months but not exceeding two years or to both. io miss [pse. r 45] ou t Blood tests for 55.–(1) A police officer may require any person wdit h riving or alcohol attempting to drive or in charge of a motor vehutiec dle or trailer on a road or in any other public place to acctroibis mpany him to a police station or the surgery of a med oir cdal practitioner to provide a specimen of blood for a labourcae dtory test there, where the police officer has reasonable cau d psroe- (a) to suspect him of havingb ae lrceohol in his body; or (b) to suspect him of hamvai yn g committed a traffic offence while the motor vehki oo cle or trailer was in motion. (2) Where an accidhesn bi t occurs owing to the presence of a t motor vehicle or trarti olfer on a road or in any other public place, a police officer ino pu aniform may require any person who he has reasonable cau. sNd e to believe, was driving or attempting to drive or was in r scehvearge of the vehicle at the time of the accident to accompsa r e t ny him to a police station or the surgery of a medical pracl rtigit hioner to provide a specimen of blood for a laboratory l tiae. s At, but a person shall not be required to provide such a anz specimen of blood while at a hospital as a patient if the medical Tan f practitioner in charge of his case is not first notified of the t o en proposal to make the requirement or objects to the provision ern m of a specimen of blood on the ground that its provision or the ov G requirement to provide it would be prejudicial to the proper 250 care or treatment of the patient. ©2 (3) Where a person required by a police officer under subsection (1) or (2) of this section to provide a specimen of blood for a laboratory test fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his 385 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] body, the police officer may arrest him without warrant except while he is at a hospital as a patient. (4) A person required to provide a specimen of blood pursuant to the provisions of this section who refuses to provide . specimen of blood commits an offence and on conviction, OAG shall be liable to a fine not exceeding ten thousand shillings of and failure to provide a specimen of blood shall be taken bsyio n is the court as prima facie evidence that the blood alcohol poef r mthe accused was, at the time when he was driving or was inou tc harge of the vehicle, above the prescribed limit. th d w i ute [s. 46] str ib i Breath test 56.–(1) A police officer may require an d yo r person driving or Act No. 4 of 1990 s. 4 attempting to drive or in charge of a umceo dtor vehicle or trailer on a road or other public place to apcroc dompany him to a police station to undergo a breath tebes tre on a breath-test analyser instrument, where the policem oa yffi cer has the reasonable cause- (a) to suspect him of h k oaoving alcohol in his body; or (b) to suspect him b hios f having committed a traffic offence t while the mootof rt r vehicle or trailer was in motion. (2) Breath-teo spt a on an evidential breath-test analyser instrument sdh. a Nll be such as the Minister shall, by notice publisheds ienr v ethe Gazette, approve. (3) e tsTh r e breath-test or evidential breath-test analyser instlr h ruigment reading shall, unless the contrary is proved, be l fiian. Aal proof of blood alcohol content in the body at the time of n za the test. n f T a [s. 46A] nt o e User nomf alcometer 57.–(1) Where a police officer suspects a driver of a motor Acet No. ov4 of 1990 s. 4 vehicle or any other vehicle to have taken alcohol, that police 5 G 02 GN. No. officer may use an alcometer and require that person to ©2 375 of 1990 undergo a breath test in order to ascertain the blood alcohol content in the body of that driver. (2) Where a person who is required to undergo a breath test pursuant to the provisions of this section refuses to undergo 386 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] such test, commits an offence and on conviction shall be liable to a fine not exceeding ten thousand shillings and failure to undergo the breath test shall be taken by the court as prima facie evidence that the alcohol content in the accused’s blood . was at the time he was driving a motor vehicle or any other OAG vehicle above the prescribed limit. f n o [s. 46iBss] io erm Persons 58.–(1) When a person submits to a blood test at the reqtu pu est of authorised to thoi withdraw and a police officer made pursuant to the provisions of w section 55 analyse blood of this Act, only a medical practitioner or registeurte dd nurse may withdraw blood for the purpose of determinsitnr ib i g the alcoholic content therein. d or (2) Chemical analysis of the pe ed urcson’s blood shall be considered valid under this sectionp irof d performed according to methods approved by the Chiefb eM reedical Officer, by a person possessing a valid permit issuaeyd m by the Chief Medical Officer, for that purpose. k oo (3) The Chief Medhisc bal Officer may approve satisfactory t techniques or meth of rt ds to ascertain the qualifications and competence of in a o dp ividuals to conduct such analyses and issue permits whichd. Nshall be subject to termination or revocation at the discresteior vne of the Chief Medical Officer. (4) Ths r e t e person tested may have a medical practitioner or a quiaghl r lified technician, chemist, registered nurse or other l q A iau. alified person of his own choosing to administer a chemical anz test in addition to any test administered at the direction of the an f T police officer, but failure or inability to obtain an additional test t o en by such person shall not preclude the admission of evidence ern m relating to a test taken at the direction of a police officer in Gov accordance with the provisions of this section. 250 (5) Upon the request of the person who submits to a blood ©2 test pursuant to the provisions of this section, full information concerning the test shall be made available to him or his advocate. [s. 47] 387 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Detention of 59. A person required to provide a specimen of blood for persons whilst affected by a laboratory test pursuant to the provisions of this Act may alcohol thereafter be detained at a police station until it appears to a police officer that the proportion of alcohol in the person’s . blood does not exceed the prescribed limit. AG O [s. 48] n o f io 60. For the purposes of this Act, the expression “prescrimbiss Definition of er ed “prescribed limit” Act No. limit” means eighty milligrams of alcohol in one hut npou dred 4 of 1990 s. 5 millilitres of blood. th w i ute d [s. 49] ib str Careless or 61.–(1) A person who uses, parks or stand dsir a motor vehicle inconsiderate use d o of motor vehicle or trailer on any road carelessly ocre without reasonable Act No. consideration for other persons usirondg u the road commits an 16 of 1996 s. 11 offence. e r ep (2) A driver of a vehicle shalyl ba - (a) use a carriageway; k mo (b) not drive on a pa bo isv ement or foot path; (c) where there oaf trh e separate carriageways for different t types of ve r phaicles, use the carriageway prescribed for the type odf o . vNehicle the driver is driving; (d) whielrev e driving a vehicle on a public road, keep the v reeh s s icle near the left edge of the carriageway; (e ri) t g h on a two-way carriageway having three lanes, use the All . lane on the far left of the carriageway; nia za (f) on a two-way carriageway with four or more lanes, not n Ta use the lanes situated entirely on the right hand half of t o f n the carriageway; e rnm (g) on a two-way carriageway with three or more lanes, use veo the left lane, unless overtaking or otherwise indicated 5 G 02 by road signs or road markings; and ©2 (h) on a motor way and its entry and exit ramps, legally operate a motor vehicle at a speed of more than forty kilometres per hour and a police officer may give access to other vehicles in particular cases. 388 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (3) A driver of a vehicle- (a) shall overtake on the right side of the road; or (b) may overtake on the left side of the road if the driver of a vehicle to be overtaken indicates the intention to . turn to the right and where that other driver has moved OAG the vehicle over towards that side in order to turn into of n another road, to enter a property bordering on the roiassd io or to stay on that side of the road. ermp (4) A driver of a vehicle shall, before overtakingu,t o make sure that- with d (a) no other driver of a following vehicleb uh teas begun to overtake; i dis tr (b) the driver of a vehicle ahead in tdh oer same lane has not indicated an intention to overtdauk cee any other driver of a vehicle; ep ro (c) a lane into which the driv er r b of a vehicle is about to enter is clear far enough ahe y ma ad, having regard to the difference between the speedbo ookf the vehicle while overtaking and that of the oth the isr road-users to be overtaken, not to endanger or iomfrt pede oncoming traffic; and (d) except who ep are using a lane closed to oncoming traffic that drivered o . Nf a vehicle shall be able, without inconvenience to etrhvs e other road-users overtaken to resume the e htsp rosition in the flow and without disturbing the traffic. (ll5 ri) g Where approaching the crest of a hill and if visibility is iian. a Adequate on the bends, a driver of a vehicle shall not overtake, n nz a unless the entire manoeuvre may be performed in a lane closed f T a o to oncoming traffic either physically or by a continuous lane. nt e (6) A driver of a vehicle shall, when overtaking, give the rnme road-user being overtaken, a sufficiently wide berth. Gov (7) On carriageways with at least two lanes reserved for 5 20 2 traffic moving in the direction in which he is proceeding, a © driver of a vehicle who would be obliged to overtake again, immediately or shortly after moving back to the position prescribed in subsection (11) may in order to perform that 389 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] manoeuvre and provided he makes sure he can do so without undue inconvenience to faster vehicles approaching from behind, and remain in the lane he has occupied for the first overtaking manoeuvre. . (8) Where the provisions of subsection (7) are applicable AG O and the density of the traffic is such that motor vehicles do not n o f only occupy the entire width of the carriageway reserved fiossr io the traffic taking the direction in which they are movingermp but can only move at a speed governed by that speed of theu t o motor vehicle preceding them in that lane- th d w i (a) the movement of the vehicle in one labnu tee at a higher speed than that of those in anotherd isl tarine shall not be deemed to constitute overtaking wd iot rh in the meaning of this section; and ce du (b) a driver not in the lane nepe roarest to the edge of the carriageway appropriate bteo r the direction of traffic may change lanes in order m t aoy prepare to turn right or left or to park. oo k b (9) Where a drive is thr of a vehicle is moving in lanes as described in subsecrtt oi fons (7) and (8) of this section shall not, if the lanes are ion pd a icated on the carriageway by longitudinal markings, str . eadd Ndle the markings. (10) A sderr viver of a vehicle who perceives that another driver e of a fohltlso rwing vehicle intends to overtake, shall keep to the far left ig lls ride of the carriageway and refrain from accelerating. a. A i (11) Where due to the narrowness, profile or conditions n nz a of the carriageway, in addition to the density of oncoming Ta of traffic, a driver of a vehicle which is slow or bulky or which is en t required to observe a certain speed limit cannot be easily and ern m safely overtaken, a driver of that vehicle shall slow down and ov G if necessary, pull aside as soon as possible in order to allow a 02 5 2 driver of a following vehicle to overtake. © (12) A driver of a vehicle who intends to manoeuvre on a public road shall ensure that the manoeuvre can be performed without risk of endangering or impeding any 390 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] other road-user travelling behind or ahead or who is about to pass having regard to the position, direction and speed of such road-user. (13) Before a driver of a vehicle turns or performs a . manoeuvre which involves a lateral move, that driver of a OAG vehicle shall give a clear and sufficient warning of the intention of n by means of direction indicators or by giving an appropriaistse io hand signal and shall keep on giving warning throughoupet r mthe manoeuvre. t ou (14) In order to facilitate movement of public servitih w ce motor d vehicles which carry passengers in built up arbeua tes, a driver of any other vehicle shall slow down and where tri d ins ecessary, stop to give a public service motor vehicle prioridt yo r to move off from a bus stop. e du c (15) A driver of a vehicle shall nepo rto turn or reverse a vehicle on a motor way, or its entry or o bne ran exit ramp. (16) A driver of a vehicle m s ayhall not apply brakes suddenly unless it is necessary to dboo osko for safety reasons. (17) A driver of a v s thei hicle intending to slow down or stop shall, except where f rst uoch slow down or stop is in response to an imminent dangeor p, amake sure that he stops without danger or undue inconvde. e nNiences to any other driver of a vehicle and shall give a cleasre ra vnd timely warning of the intention in accordance rewith shetcs tion 65 of this Act. ( ig ll1 r8) A driver of a vehicle approaching an intersection sh. Aia all exercise such extra care as may be appropriate to local an nz conditions and shall, in particular, drive at such speed as to Ta of be able to stop or allow a driver of another vehicle having the en t right of way, to pass. ern m (19) A driver of a vehicle on a public road shall give way v G o at intersections other than at intersections specified under 25 20 subsection (20), to vehicles approaching from the right side © unless the entry into such intersection is regulated by a police officer or a road traffic sign. 391 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (20) A driver of a vehicle emerging from a path or an earth track on to a public road other than from another path or another earth track, shall give way to drivers of vehicles travelling on that public road. . (21) A driver of a vehicle emerging on to a road from AG O property bordering on that road, shall give way to vehicles of n travelling on that road. io iss (22) Notwithstanding the fact that traffic signals autheormp rise a driver of a vehicle to enter an intersection, where theo ud t ensity of traffic is such that, that driver of a vehicle is likel y th w ito stop in d the intersection and therefore obstruct or prevbeun tet the passage of crossing traffic, that driver of a vehicle s tri dhisall not enter the intersection. or d (23) A driver of a vehicle whod ue centers an intersection where traffic is regulated by traffic ro elpight signals, may enter the intersection without waiting for r b ethe way to be opened in the direction on which that drivera y m of a vehicle intends to proceed, unless that entering imp ok beodes the progress of any other road user moving in the op is ethn direction. (24) A driver of aofrt vehicle who intends to turn to the left shall keep as cloos pe a as possible to the edge of the carriageway and shall maekde . Nas tight a turn as possible. (25) A sderr viver of a vehicle who intends to turn to the right e shall- s rt ( igh lla r) move as close as possible to the centre lane of the A ia. carriageway if it is a two-way carriageway; or n nz a (b) move as close as possible to the right edge if it is one- Ta of way carriageway, nt e and make a turn so as to enter the carriageway on the left ern m hand side of the two-way road that driver of a vehicle intends Gov to enter upon. 5 20 2 (26) A driver of a vehicle intending to turn right while © entering an intersection from the opposite direction shall drive that vehicle to the right of any other vehicle unless this can not be done without danger or inconvenience to other drivers or to other road-users. 392 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (27) A driver of a vehicle may pass to the left or to the right of a traffic island, post or any other device set up on the carriageway on which that driver of a vehicle is travelling, except- . (a) where the side on which the traffic island, post or that G OA other device has to be passed is indicated by a traffic of n sign; and siois (b) where the traffic island, post or that other devicep ei rsm on the centre-line of a two-way carriageway, the durti o ver of a vehicle shall keep to the left of the island. ith d w (28) A driver of a vehicle who contravenbeus te this section commits an offence. str i i or d d [s. 50] e uc Speeding 62.–(1) A person who drives or whrod aids, abets, counsels or Acts Nos. p 4 of 1990 s. 6 procures any other person to driev r e b e, a motor vehicle, whether 16 of 1996 s. 12 with or without a trailer attachey ma d thereto, or trailer of any class or description on a road aoto a k speed greater than the maximum speed limit prescribedhi s fbor that class of motor vehicles or t trailers in respect of f rt tohat road under the provisions of this Act, commits an offen pcao e. (2) A persdo. n N who drives, or who aids, abets, counsels or procures asenr vye other person to drive, a motor vehicle or trailer on anyt sr ro e ad or in any public place at a speed in excess of a speel rdig hlimit lawfully imposed in relation to that road or public Al p ial.ace commits an offence. n za (3) For the purposes of ascertaining the speed at which a n f T a person is driving, a police officer may use a speed radar or nt o e such other devices as may be prescribed by the Minister under m ern section 128(1)(y) of this Act. v G o (4) The speed recorded by a speed radar or other device 5 02 prescribed under subsection (1) shall be a prima facie evidence ©2 of the speed at which a vehicle was being driven at the relevant time. (5) A person shall not drive a public service vehicle other than a taxi-cab on a public road, unless that vehicle is fitted 393 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] with a speed governor or any other similar device designed to regulate or record the speed of that vehicle. (6) For the purposes of subsection (5) the Minister may, by notice in the Gazette, prescribe the speed limit for public . service vehicles. OAG (7) A driver of a vehicle shall have the vehicle under of n control in all circumstances and shall adjust the speed in suic io ssh a way that, that driver of a vehicle can stop the vehicle wpeit rmhin his range of forward vision and short of any foreuste eable obstruction. ith o d w (8) Unless otherwise indicated by a traffic sigunteb - (a) the speed of a vehicle shall not exceedstrdi ififty kilometres per hour in an in built-up area; or d (b) the speed of a vehicle outsided ua c ebuilt-up area shall be regulated according to traffiep rco signs or road markings as may be determined aned r b erected on the road by the Engineer in Chief; anday m (c) a vehicle of moreo o k b than three thousand five hundred kilogram max tihm is um permissible weight, shall not exceed eightrty o fkilometres per hour. (9) A driver oof p aa vehicle shall, where necessary, slow down and shall whedr. e N e circumstances require, stop, when visibility is not good. erv es (10h)t sA r driver of a vehicle moving behind another vehicle shal lr igll keep at a sufficient distance from that other vehicle so aias. Ato avoid collision in case the vehicle in front of that other an nz vehicle, suddenly slows down or stops. f T a o (11) A person shall not engage in any road race unless that t en person obtains approval to do so from the Inspector-General ern m of Police or from any other officer authorised in writing by the Gov Inspector-General of Police. 5 20 2 (12) The Inspector-General of Police may, in consultation © with other relevant authorities or institutions, prescribe specific rules governing road races. 394 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (13) A person who contravenes this section commits an offence. [s. 51] Driving while 63. A person who drives a motor vehicle, whether with or G. disqualified or A without driving without a trailer on a road or in any public place- of O licence (a) while disqualified from driving, or while he is not isnio n s possession of a valid driving licence or is in possesersmio i n of a learner driving licence and is driving theo uv t pehicle while not accompanied by a person hold i t wni g h a valid driving licence in respect of that vehicle; tedu (b) while disqualified from driving bec ib isatruse his driving licence has been cancelled by a cou r td o ; (c) while disqualified from drivin e ucg dbecause his driving licence has been suspended d pbroy a court; or (d) while in possession of a va rebe lid driving licence which is capable of being renewaey m d but has not been renewed, commits an offence. oo k is b h [s. 52] f t t o Compliance with 64. It shall not be ar p defence in any proceedings for an offence speed limit not No defence to other relating to thed . use of a motor vehicle or trailer on any road or charges in any pubelrvi ec place other than the offence of exceeding any speed li es sm r it, that at the time of the alleged offence, the motor vehic t rigle h or trailer was being driven at a speed not exceeding anAyll. limit of speed lawfully imposed in respect of that road or npiaza ublic place in relation to such motor vehicle or trailer. an T [s. 53] nt of Emenrmgeency motor 65.–(1) Notwithstanding the provisions of this Act and subject veehricles ov to the provisions of this section, the driver of an authorised 5 G2 emergency motor vehicle or trailer may, where the observance ©20 of the provisions of this Act would be likely to hinder the use of an authorised emergency motor vehicle or trailer for the purpose for which it is being used- (a) park or stand in any place on a road, whether or not such place is a parking place; 395 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (b) after slowing down, as may be necessary for safe operation, proceed past a stop sign; (c) exceed the prescribed speed limit, so long as he does not endanger life or property; or . (d) disregard any regulation governing direction of AG O movement or turning in a specified direction. n o f (2) The exemption granted by this section to an authorisiessd io emergency motor vehicle or trailer shall apply only whepne r mthe driver of such motor vehicle or trailer while in motiono, us t ounds an audible signal by bell, siren, or exhaust whistle ,w ai ths may be d reasonably necessary or, where the motor vehibcul tee or trailer is equipped with a flashing beacon of a type dpisr trei scribed by the Minister, is exhibiting a light visible under r d no o rmal atmospheric conditions from a distance of one hundud creed and fifty metres to the front of the motor vehicle or tr ro eapiler. (3) The provisions of this bse rction shall not relieve the driver of an authorised em ay emrgency motor vehicle or trailer from the duty to driveb ow okith due regard and care for the safety of persons or p s rtho i p erty, nor protect the driver from the consequences of hi f art s o disregard for the safety of such persons or property. o p (4) Upon d. e tNhe immediate approach of an authorised emergencye rmvs otor vehicle or trailer the driver of every other e motorh tvs erhicle, trailer or engineering plant shall, except when oth ig lel r wise directed by a police officer in uniform, give the right oaf. A i way, and shall immediately drive to a position parallel to za n n and as close as possible to the left-hand edge of the curb of the Ta of roadway, clear of any intersection, and shall stop and remain en t in such position until the authorised emergency motor vehicle ern m or trailer has passed. ov G (5) For the purposes of this section “authorised emergency 02 5 2 motor vehicle” means a motor vehicle or trailer being used © for the time being for the purposes of the police or fire brigade, an ambulance, a military motor vehicle or of the Defence Forces, and such other motor vehicles or trailers as 396 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] may be designated by the Minister by an order published in the Gazette. [s. 54] . Compulsory 66.–(1) Subject to the provisions of this section, a driver of a G stopping at A railway crossing motor vehicle or trailer that is for the time being used on any O of road for- n ss io (a) the carriage of passengers for hire or reward (wheertmh ier with or without goods); p ou t (b) the carriage of explosives; or ith w (c) the carriage of inflammable matter iunte dbulk or in containers, any of which has a capacitytr iobis f one hundred and eighty litres or more or wheor ed the greater part of the load consists of inflamumedc able matter in small containers, rodp shall, before entering on any raiblw ree ay level-crossing, stop clear of the line for such time as m y maya b e necessary to make adequate observations to ascertain ow kh o ether or not the line is clear. (2) The provisions ohfi ss bubsection (1) of this section shall not f tapply to any railwarty o level-crossing that is for the time being controlled on tho ep a approach to the railway line by a police officer or other. Nd public officer or to any railway level-crossing at which a wsa e errvning device in the form of a barrier is for the time being etrs er ected. (l3 ri)g hThe driver of a motor vehicle to which this section l aiap. Aplies, if he contravenes the provisions of this section, n za commits an offence. n f T a [s. 55] nt o me Drirvning 67. A driver of a motor vehicle or trailer, who, without unereasonably ovslowly reasonable excuse, drives the vehicle at such unreasonable G 02 5 low speed as is likely to cause obstruction to the traffic on the ©2 road or annoyance to the other road users commits an offence and, on conviction, shall be liable to a fine not exceeding five thousand shillings. [s. 56] 397 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Duties of drivers 68.–(1) Where an accident arising directly or indirectly from in case of accidents the use of a motor vehicle or trailer occurs to any person or to any motor vehicle or trailer or to any other property, the driver of the motor vehicle or trailer shall stop if, having regard to all . the circumstances, it is safe for him to do so and shall ascertain AG O whether any person has been injured, in which event it shall f n o be his duty to render all practicable assistance to the injuriessd io person: rm pe Provided that, where the driver does not stop beocua t use it is not, having regard to all the circumstances, safe wfio thr him to d do so, he shall immediately report the accidenbtu a tet the nearest police station. tri dis (2) In the case of an accident, if a pers r do on is injured thereby, the driver of the motor vehicle or traildeu cre shall- (a) give to any police officer eppr roesent and to any person concerned his name ande r b address and also the name and address of the ow y mnaer and the registration number assigned to the vehoioc kle; and (b) report the accidheis b t n t in person at the nearest police station or to a policrte o fofficer as soon as reasonably practicable and in ano yp a case not later than twelve hours after the time eodf . Nthe accident, unless the driver is incapable of dosienr vg so by reason of injuries sustained by him in the sa r e ht ccident. (ll3 ri) g In the case of any accident, where no person is injured tiah. e Areby, the driver of the vehicle shall give to the person an nz concerned his name and address, the name and address of the Ta of owner of the vehicle and the registration number of the vehicle. nt e (4) Where the driver of a motor vehicle or trailer- ern m (a) is physically incapable of giving immediate notice of Gov an accident as required by subsection (2) and there 25 20 is another occupant in the vehicle at the time of the © accident capable of doing so, that occupant shall give or cause to be given the particulars of the accident not given by the driver; or 398 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (b) is physically incapable of making a report of an accident as required by subsection (2), and such driver is not the owner of the motor vehicle or trailer, then, the owner of the motor vehicle or trailer involved in such accident . shall, after learning of the accident, make such report AG O of the accident not made by the driver. of n (5) Where, as a result of being involved in an accident, io is sa motor vehicle or trailer appears to a police officer to be in r p esumch condition that it would not be fit or safe for use ono ua t road, the officer may remove the vehicle’s identification wmit h arks and d return them to the Registrar. uteb (6) A motor vehicle or trailer from whictrhi di s identification marks have been removed under subsde oc rtion (4) shall not thereafter be driven under its own muoced tive-power on a road until it has been tested and a ceretpi rfio cate of fitness has been issued by a vehicle inspector. e r b (7) A person who contrav a menyes any of the provisions of this section commits an offenceo.kbo (8) In proceedings s thfoi r the contravention of subsection (1) the burden to provret ot fhat it was not safe for the driver to stop shall be on the p a oe prson charged. N ed . [s. 57] rv se Riding in 69.–(1) re ts Save for the purpose of testing or repairing a motor dangerous position vehil crigle h or trailer, a person shall not ride or be carried on the l fiao. o Atboard, tailboard, steps, mudguards, canopy or roof of any za nmotor vehicle or trailer or in any manner or position as is in Tan f the circumstances unsafe. t o en (2) A person shall not ride or be carried on any load rnme upon a motor vehicle or trailer if it is unsafe by reason of the ov G insufficiency of space available for such person to stand or sit 5 02 or by reason of the position in which he is carried or the height ©2 or arrangement of the load. (3) A person driving or being in charge of a motor vehicle or trailer shall not carry an infant or permit an infant to sit or 399 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] stand so close to his person as to interfere with his attention to driving. (4) A person who contravenes any provision of this section commits an offence. . [s. 58] AG of O Restriction on 70.–(1) A driver shall not carry more than one person isnio n pillion riding s addition to the driver on any two-wheeled motorcycle, aen i rmd a person shall not be so carried otherwise than on a propute p o r seat securely fixed to the motorcycle. with (2) A person who contravenes any provision d uotef this section commits an offence. ist rib d d o r [s. 59] ce Obstructing a 71.–(1) A person in a motor vehicle rodr u trailer shall not molest driver of motor vehicle, etc. or obstruct the driver of such moe tr eopr vehicle or trailer while it is in motion. y ba (2) A person shall not coak r mry passengers in a motor vehicle or trailer in such number bsois or in such position as to be likely to interfere with the saf oef tdh riving of such motor vehicle or trailer. t (3) A person w phao r contravenes any provisions of this section commits an off o d. e Nnce. erv e [s. 60] res Causing damage to motor vehicle, 72. Aig h tpserson who throws any object at a motor vehicle or etc. tr.a Ai lll er r or at any person in or on such motor vehicle or trailer ia anor places any object on any road or by any means impedes an z T the progress of any motor vehicle or trailer whereby injury or of t damage might be caused to such motor vehicle or trailer or to men any person therein commits an offence. ve rn o [s. 61] 5 G 02 ©2 Taking motor 73.–(1) A person, whether or not employed by the owner of a vehicle without owner’s consent motor vehicle or trailer who takes and drives away or attempts to take and drive away the motor vehicle or trailer without the consent of the owner thereof or of his agent commits an offence and, on conviction, shall be liable to a fine not exceeding fifteen 400 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] thousand shillings or to a term of imprisonment not exceeding five years. (2) In proceedings for an offence under this section, the court shall not convict the accused if the court is satisfied . that the accused person acted in the reasonable belief that G OA he had lawful authority of the owner or his agent, or in the n o f reasonable belief that the owner or his agent would, in tih io sse circumstances of the case, have given his consent if hpee rhmad been asked thereof. t ou (3) Where, in any prosecution for stealing a mo wtio thr vehicle d or trailer the court is of the opinion that the abcu tceused person is not guilty of stealing the motor vehicle or ri dis tthe trailer but is guilty of an offence under this section, thde o c r ourt may find him guilty of an offence under this section.uced (4) A police officer may arrest, wpirtoe hout warrant, any person reasonably suspected by him r boe f having committed or of attempting to commit an offe y mn ace under this section. (5) In addition to anbyo opk enalty specified in this section, the court may order itsh th at the convicted person shall pay to the owner of trth oe f motor vehicle or trailer such sum, not exceeding of ipv ae thousand shillings, as represents fair compensatioend . Nfor the unlawful use of the vehicle or any damage to rv res e the vehicle. hts [s. 62] g ll r i Power of Court to 7 A ia4. .–(1) Where in any proceeding, it is established that, a order forfeiture n of vehicle used za person used a motor vehicle in the commission of that offence, in commissio Tna n f the court may order that he be disqualified from driving for a of offencet aond disqualeifincation of period of ten years and that the vehicle so used to commit the dr m eivrner offence be forfeited to the United Republic: oAvcts Nos. 5 G15 of 1980 Sch. Provided that, this section shall not apply to traffic offences. 02 22 of 1982 Sch. (2) It shall be a defence against forfeiture under this section ©2 where the owner can show that, the vehicle was used without his knowledge and consent and where the person who used the vehicle is his driver, to show that he had taken reasonable care to ensure that he was of good conduct before employing him. [s. 62A] 401 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Penalties for 75.–(1) A person who is convicted of an offence under offences under Part IV sections 66, 69, 70, 71 or 72 shall be liable to a fine not Act No. exceeding twenty thousand shillings or to imprisonment for 16 of 1996 s. 13 a term not exceeding two years or to both. . (2) A person who is convicted of- AG O (a) an offence under section 49 shall be liable to a term of of n imprisonment of not less than three years and the couisrst io may, in addition thereto, impose a fine not exceeedrmp ing one hundred thousand shillings: ut Provided that, where only bodily injury was causedith o and such d w injury did not amount to grievous harm within tuhteb e meaning of Cap. 16 that expression in the Penal Code, the persodnis trcionvicted of the offence shall be liable to a fine of not les r ds o than two thousand shillings but not exceeding twenty t ce dhuousand shillings or to a term of imprisonment of not lespsr oe than six months but not exceeding three years; e r b (b) an offence under sectiaoy m ns 50, 51 or 53 shall be liable to a fine of not les k bos o than fifteen thousand shillings but not exceeding thfi is fty thousand shillings or to a term of imprisonrm f t o ent of not less than two years but not exceeding pfiao ve years: Provided tdh. N e at in the case of a conviction for an offence under sectsieor vn 50 where only bodily injury was caused and such injury re h tds id not amount to grievous harm within the meaning Cap. 16 of thl rigl at expression in the Penal Code, the person convicted of t iah. e A offence shall be liable to a fine of not less than ten thousand n nz a shillings but not exceeding thirty thousand shillings or to a Ta of term of imprisonment of not less than twelve months but not nt e exceeding five years; ern m (c) an offence under section 52 shall be liable to a fine of Gov not less than ten thousand shillings but not exceeding 5 20 2 twenty thousand shillings or to a term of imprisonment © of not less than twelve months but not exceeding five years; 402 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (d) an offence under section 61 or 62 or for failure to comply with any provision of section 65 or 68 shall be liable to a fine of not less than ten thousand shillings but not exceeding twenty thousand shillings; . (e) a first offence under section 63(a) or (b) shall be liable AG O to a fine of not less than ten thousand shillings but not f n o exceeding twenty thousand shillings or to a term osfiois imprisonment of not less that twelve months bupet r mnot exceeding three years; ou t (f) a first offence under section 63(c) or (d) shalith w l be liable d to a fine of not less than five thousand teshillings but not exceeding ten thousand shillings troi bu dis r to a term of imprisonment of not less than r ds oix months but not exceeding two years; ce du (g) a second or subsequent offepnroe ce under section 63(a) or (b) shall be liable to a fin ebe o r f not less than ten thousand shillings but not exc y eme ading twenty thousand shillings or to a term of imporob iksonment of not less than two years but not exceed ithn isg five years; (h) a second or f rts oubsequent offence under section 63(c) or (d) shall b epao liable to a fine of not less than five thousand shillindg. s N but not exceeding fifteen thousand shillings or teorv e s a term of imprisonment of not less than twelve re htsmonths but not exceeding three years; and (lli r)i g an offence under section 54 shall, where it is proved ia. A that the proportion of alcohol in his blood- za n n (i) exceeded one hundred and fifty milligrammes of a of T alcohol in one hundred millilitres of blood at the en t time he provided the specimen of blood, be liable m ern to a fine not less than ten thousand shillings but v G o not exceeding thirty thousand shillings or to a 25 20 term of imprisonment of not less than two years © but not exceeding five years; or 403 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (ii) exceeded a prescribed limit but did not exceed one hundred and fifty milligrammes of alcohol in one hundred millilitres of blood at the time he provided the specimen of blood be liable to a . fine of not less than ten thousand shillings but not AG O exceeding twenty thousand shillings or to a term n o f of imprisonment of not less than two years but nisost io exceeding four years, rm pe unless the court, for special reasons, thinks fit to imutp o ose a fine or a term of imprisonment less than the min wimi th um fine d or the minimum term of imprisonment specibfiue ted under this subsection. ri dis t (3) Where a sentence of imprisonmenort d of the prescribed minimum period or more is passed idn e uc respect of any offence for which an alternative minimume spe rontence is also prescribed, the court may in addition to suceh r b sentence of imprisonment impose a fine not exceedin gm aoyne half of the maximum fine prescribed therefor. ok bo (4) Where the co is thurt sentences any person convicted of an offence to rwt oh f ich this section applies to a fine or the minimum am paount prescribed or more, the court may, if in relation . N o ed to such offence an alternative sentence of imprisonmr se evnt is also prescribed, impose in addition to such e fine a sse rht ntence of imprisonment for a term not exceeding one rhigll alf of the maximum term of imprisonment prescribed fo. rAia such offence. an nz [s. 63] f T a nt o e PART V rnm ve CONTROL OF TRAFFIC Go 02 5 ©2 Traffic signs, etc. 76.–(1) The Engineer-in-Chief may cause traffic signs of such Act No. 4 of 1990 s. 10 kinds, design, material, size and colour as may be prescribed to be erected or marked on the ground at such places as he may determine. 404 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (2) In any proceedings under this Act, traffic signs shall be presumed to be lawfully erected and of the lawful kind, design, material, size and colour until the contrary is proved. (3) A board or notice which might be confused with a . traffic sign or other traffic device which might render them G OA less visible or effective or might dazzle road users or distract of n their attention in a way prejudicial to traffic safety shall not io ibsse erected on or near a road. ermp (4) A person who, when driving a motor vehicleo u to r any other vehicle causes any damage or destruction toith w a traffic d sign, electric pole or any other structure erecutteeb d along the road for the purposes of this Act, commits a ri disn t offence and on conviction, the court may order him to d op ray a sum equal to the cost of repairing any damage or deuscd teruction so caused and that sum shall be recoverable in theep rsoame manner as if it were a civil debt. e r ay b m [s. 64] oo k General rule 77.–(1) A person usinhgis bthe road shall exercise due care and Act No. t 16 of 1996 s. 14 attention and shall f rbt oe alert and cautious so as not to endanger or obstruct traffioc p o a r to endanger other road-users. (2) A perso. Nd n who contravenes this section commits an offence. erv e s r es t [s. 64A] igh r Pedestrian 78. A.– ll (1) The Engineer-in-Chief may cause signs for pedestrian crossings ia Act No. n nz a crossings in such form as may be prescribed to be placed across 16 of 1996 s. 1T5a roads at such places as he may determine. of nt (2) In any proceedings under this Act, every sign for a rnm e pedestrian crossing shall be presumed to have been lawfully ov e placed and to be in a lawful form until the contrary is proved. 5 G 02 (3) Where there are pavements or suitable verges for ©2 pedestrians at the side of the carriageway, every pedestrian shall use the pavements or the suitable verges. (4) Where there are no pavements or suitable verges on a public road, every pedestrian shall walk as near as practicable 405 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] to the edge of the carriageway on the right hand side so as to face oncoming traffic. (5) A person pushing a cycle or motorcycle or walking in a procession, shall always keep near the edge of the carriageway . on the right hand side. OAG (6) A pedestrian wishing to cross a carriageway shall, where of n there is a pedestrian crossing, exercise due care and use thastiois pedestrian crossing to cross the carriageway. ermp (7) In order to cross a carriageway at pedestrian ocur t ossing which is sign-posted or indicated by markings as a wpi tehdestrian d crossing on a carriageway, a pedestrian shall- ute (a) obey the instructions given by the petdri b dis estrian signals, where the pedestrian crossing ord i s equipped with pedestrian signals; e du c (b) not stop on the carriageway wpre ho ile the traffic lights or the pedestrian signal given bbey r the police officer indicates that vehicles may pro ay mceed along the carriageway, if the crossing is not eq ok bouipped with the pedestrian signals and if traffic is thr iesgulated by traffic lights or by a police officer; and f rt o (c) not stepo po anto the carriageway at other pedestrian crossiend .g Ns without taking into account the distance and speserd v of approaching vehicles. e (8) hAts rpedestrian shall not on a public road conduct himself in all mri ganner which constitutes or is likely to constitute a source oiaf. Adanger to himself or to any other road-user. an nz (9) Where traffic is regulated at a pedestrian crossing on a Ta of carriageway by- nt e (a) traffic lights; m ern (b) traffic signals; or ov G (c) police officer, 02 5 2 a driver of a vehicle forbidden to proceed shall stop © immediately before that pedestrian crossing and shall not, when permitted to proceed, prevent or obstruct the passage of any pedestrian who has stepped on to and is proceeding over the crossing. 406 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (10) Where a pedestrian is using or is about to use a pedestrian crossing, a driver of a vehicle shall stop before a pedestrian crossing on a carriageway which is not regulated by traffic lights, traffic signals or by a police officer. . (11) A driver of a vehicle who turns into another road OAG at the entrance to which there is a pedestrian crossing on a of n carriageway, shall turn slowly and give way to and if necessarysi,ois stop for any pedestrian who is using or who is about to usee rtmp hat pedestrian crossing. ut o (12) A driver of a vehicle who intends to overta it wkeh another d driver of a vehicle which has stopped immeudteb iately before a pedestrian crossing on a carriageway, tri dsishall stop at the pedestrian crossing and shall proceed on r d loy after making sure that no pedestrian is using or is aboudut c eto use that pedestrian crossing. ro ep (13) A driver of a vehicle shal lb ne or t cut across a troop column, a line of school children or a cmraoy ss any other procession. (14) A driver of a ve o bho ikcle who contravenes this section commits an offence. thi s rt o f [s. 65] pao Permits for herds, 79.–(1) A herdd. Nexceeding fifty animals and a procession (other processions or parades than a funseerr vael procession) or parade consisting of two hundred or mortse r epersons or fifty or more vehicles, except military vehi gh l criles of the Defence Forces or vehicles of the Police Force, l siah. Aall not occupy, march or proceed along any road or street n za except in accordance with a permit issued by the Inspector- an f T General of Police, and subject to such conditions as may be o en t specified on such permit. m ern (2) A person in charge of any cattle, dog or other domestic ov G animal who, on any road or in any public place, fails to keep it 5 02 or them under proper control, or allows it or them to become a ©2 danger or annoyance to the public commits an offence and on conviction shall be liable to a fine not exceeding one thousand shillings. [s. 66] 407 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Temporary speed 80. Notwithstanding any other provision of this Act or the restriction regulations, the Minister may, by order published in the Gazette, prescribe temporary maximum speed limits for motor vehicles or trailers of different classes or descriptions . on any part of any road for such period as may be specified in G OA such order. f n o [s. 6is7s] io erm Closure of road 81. The Minister may, by order published in the Gazetotue t ,p close any road or part of a road to all motor vehicles or tirth w ailers for such period as may be specified in such order. ute d tribis [s. 68] or d Restriction of 82. The Minister may, by order pubcliesdh ed in the Gazette, traffic on road restrict the use of a road or any partr otdh uereof to such classes or descriptions of motor vehicles ore rt erpailers and for such period as may be specified in such or b madyer. ok [s. 69] o is b One-way traffic 83. The Minister maf tyho , by order published in the Gazette, restrict the use of r t pa road to one-way traffic for such period as may be specifie. Nd o in such order. d rve [s. 70] se re Parking places 84. Thhets Minister may, by order published in the Gazette, set asidl eri g Al parts of roads as parking places for all or any class of m nia .otor vehicles, trailer or engineering plant. nz a a [s. 71] f T t o Parkinge nand 85.–(1) A driver of vehicle other than a two-wheeled cycle or stanrndming Acet No. a two-wheeled motor cycle without a side-car, shall not make ov G16 of 1996 s. 16 that vehicle to stand or be parked so close to the carriageway. 25 20 (2) Except- © (a) it is for the purpose of avoiding of traffic; (b) in compliance with any traffic sign; (c) with a direction given by a police officer; or (d) for any cause beyond the control of a driver, 408 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] a person shall not keep a vehicle standing or parked on a carriageway- (i) in contravention of any traffic sign; (ii) on a pedestrian crossing, on a crossing for cyclists . or on a level crossing; G OA (iii) on a railway track, on a road or so close to such f n o track that the movement of railborne traffic masyiois be impeded; ermp (iv) alongside or opposite an excavation or obsotur tu ction on the public road if other traffic is ob wstitrhucted or endangered by that standing or parkut d b ieng; (v) inside a tunnel or subway or odnis trai bridge within ten metres of any subway or b d roi rdge, except in such a space as may specificallydu b cee marked for standing or parking vehicles; ro ep (vi) close to the crest of r bae hill or bends where visibility is not sufficient mfo ary the vehicle to be overtaken in total safety; ok bo (vii) in or with thi ins ten metres of the beginning or end of any rtp o fart of a carriageway where the normal widtoh p aof the carriageway has for any reason been c . edonNstricted; (vi r siei) v in any other place where the standing or parking re hts of a vehicle is likely to constitute a danger or any g ll r i obstruction to other traffic; or a. A i (ix) at a taxi stand. n nz a (3) A person shall not park a vehicle on a carriageway- of Ta (a) within five metres of any pedestrian crossing marked t en by an appropriate sign; m ern (b) within five metres of any intersection or level crossing; ov G (c) at a bus stop or fifteen metres to each side of a “bus 02 5 2 stop” sign; © (d) in front of vehicle entries to property; (e) at any place where the parked vehicle may prevent access to another vehicle properly parked or prevent such other vehicle from moving out; 409 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (f) at any place where the parked vehicle may conceal a traffic sign or a traffic light signal from view of any other road user; (g) in such manner as to encroach upon a pavement; and . (h) with the outside of any left hand wheel of the vehicle OAG more than forty centimetres within the carriageway of n unless that parking is done in conformity with iassn io appropriate traffic sign. pe rm (4) A driver of a vehicle or carriage shall not leave theo uv te hicle, animal or carriage without taking all necessary pre wciathutions to d avoid any accident and in the case of a motor veuhteb icle, without having set the brakes of a vehicle or carriaged o i isrtr without having adopted such other method as may wedl lo r effectively prevent that motor vehicle from moving or bucd eeing used without the authority of that driver. ro ep (5) A driver of a motor vehicel b er other than a two-wheeled motor cycle without a side ay mcar and every trailer coupled or uncoupled shall, when th ok boat vehicle or trailer is stationary on the carriageway outsidehi sa t built-up area signal to warn any other driver of an approartc oh f ing vehicle by placing a warning device which shall be ino pa a prescribed form and which shall be placed not less than N d.t hirty metres from the stationary vehicle near the edge oefr e s vthe carriageway on both sides of such stationary e vehiclets- r (a ri)g h ll where the vehicle is stationary at night on the A ia. carriageway in circumstances such that an approaching an nz driver cannot be aware of the obstacle which the vehicle Ta of constitutes; or en t (b) where the driver in other cases has been compelled to ern m halt the vehicle at a place where standing is prohibited. ov G (6) Except where there is an emergency, a driver of a vehicle 25 20 shall not park on a motor way, an entry or on an exit ramp. © (7) A driver of a vehicle who contravenes this section commits an offence. [s. 71A] 410 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Special parking 86. The Minister may, by order published in the Gazette, set places aside parts of roads as places for- (a) bus stops; (b) taxicab stands; and . (c) loading zones for goods vehicles. AG [s. 72] of O ion iss PART VI erm t p ENFORCEMENT tho u d w i (a) Enforcement ibu te str Duties of police 87.–(1) Without prejudice to any powers oorr d diuties of the police Act No. 16 of 1996 s. 17 under this Act or any other written lawc,e dit shall be the duty of the police to- du pro (a) regulate all traffic and et or e keep order and prevent obstruction in all roadsy, ba parking places, thoroughfares, or other places of pukb mo lic resort; and (b) divert traffic te bo ims porarily, to close and deny public access to an oyf th t road, parking place, thoroughfare or other plac r epa of public resort, where any emde. Nrgoency or other event appears to render such a course neceervs esary or desirable. (2) A reoss ad-user shall comply with the instructions conveyed by traigffih t r c signs, traffic signals and road markings. A(ll. 3) Notwithstanding subsection (2) and subject to nsiaza ubsection (4), instructions conveyed by traffic signals shall n f T a take precedence over instructions conveyed by traffic signs nt o regulating priority. rnm e (4) Notwithstanding subsections (2) and (3), instructions e ov given by a police officer directing traffic shall take precedence G 02 5 over instructions conveyed by traffic signs, traffic signals and ©2 road markings and other traffic regulations. [s. 73] 411 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Records of traffic 88.–(1) The police shall keep a record of all offences against offences this Act of which any person has been charged, together with a record of the final disposition of all such alleged offences. (2) The records kept under this section shall be so maintained . as to show all types of offences and the total of each. OAG (3) The forms for records and notices of offences thereof of shall be serially numbered, and for each month and year, saio n is written record shall be kept available to the public showin rm peg the disposal of all such forms. ut o (4) The records and reports made under this sewcit thion shall d be public records. ibu te str [s. 74] or di d Filing of accident 89. The Inspector-General of Police shuaclel maintain or cause to reports and drivers’ files be maintained a suitable system of fiplrion dg traffic accident reports and individual drivers’ files, ab rree ecord of traffic accidents, warnings, arrests, convictiomnsy a and complaints reported in respect of each driver. oo k b is [s. 75] of th t Inspector- 90. The Inspector -paG r eneral of Police shall annually prepare and General to submit annual accident submit to the No d M. inister a traffic report containing information and safety reports on traffic merav etters in Tanzania as follows: (a) st hr ees number of traffic accidents, the number of persons gh tkilled, the number of persons injured and other All r i pertinent data on police activities on road safety; and nia . za (b) the number of traffic accidents investigated and other Tan data relevant to such investigations. ofnt [s. 76] me rn oPvo ewer to demand 91.–(1) A person driving a motor vehicle or trailer on a road 25 Gproduction of driving licence shall carry his driving licence and, on being so required by a ©20 police officer, produce it for examination: Provided that, a person shall not be convicted of an offence under this section by reason only of failure to carry or produce his driving licence, where he produces it to the police within the following three days at such police station within Tanzania as 412 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] may be specified by the police officer at the time its production was required. (2) Notwithstanding the provisions of subsection (1) of this section, any person intending to drive a motor vehicle or trailer . across any border of Tanzania shall carry his driving licence, OAG the certificate of registration and the insurance certificate in of n respect of such motor vehicle or trailer and shall producseiois any of them on demand to a police officer in uniform eorp rm to a customs officer before he is permitted to  drive  hiosu  t motor vehicle or trailer across the Tanzania border. ith d w (3) The provisions of subsection (2) of this se te buction shall not be construed so as to limit the authority of isatd ricustoms officer or any other officer to require the prodd uo rc tion of any other documents required to be produced b ce duy any other written law at any customs post or any other pepo rort of exit from Mainland Tanzania. r y b e ma [s. 77] oo k Power to demand 92. The driver of a mhoist obr vehicle or trailer shall stop at the name and address t of owner of request of a police o f rffit ocer and if the police officer has reasonable vehicle cause to demando ph a is name and address he shall give him his name and addd. r Ness and, if he is not the owner of the vehicle, shall also sgirvvee e the name and address of the owner. e ts r [s. 78] rig h Employer to keep 93. A. llA person who employs any other person to drive a motor record of driver nviaza ehicle or trailer shall at all times keep a written record of the Tan name and driving licence number of such other person, and of nt shall on demand by a police officer produce such record for e rnm inspection. ov e [s. 79] 5 G2 ©20 Owner or hirer, 94. Where police officer in uniform has reason to suspect that etc., to give identity of driver an offence in connection with a motor vehicle or trailer has been committed- (a) the owner or hirer of the motor vehicle or trailer shall, upon having been required by the police officer so to 413 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] do, give such information to the police officer as is within his knowledge as to the identity of the driver; or (b) any other person shall, upon having been required by the police officer so to do, give such information to . the police officer as is within his knowledge as to the AG identity of the driver. of O n [s. 8is0s] io erm Examination of 95. A police officer may stop and examine any motoro uv t pehicle vehicle on road or trailer on a road or public place if he is of the o ith pw nion that such motor vehicle or trailer- tedu (a) is in such a condition as to be unfit foisrt r itbhe purpose for which it is intended; d or (b) is in such a condition that th e uec ddriving of the motor vehicle or trailer by day or rbodp y night is likely to be a danger to any person or toe r e b the public; (c) has a load greater thmanay the load capacity declared by the manufacturers ok o f the chassis of the motor vehicle or trailer or grehaist ebr than the load capacity determined t by a vehicle f rt oinspector under the provisions of this Act; or a o p (d) is loadde. d N in such a manner as to make it a danger to the pusbelr vice or any person, and whtse rn e the examination reveals that such motor vehicle, or traill e h rigr is unfit or a danger to any person or that it has a load l giar. e Aater than the load capacity declared by the manufacturers anz of the chassis of the vehicle or determined by a vehicle n f T a inspector he may- o en t (i) where he considers it sufficiently safe, taking ern m all the relevant facts into consideration for the Gov motor vehicle or trailer to be moved under 250 its own motive power, order that it be driven ©2 forthwith to the nearest police station or workplace of a vehicle inspector, whichever is the more convenient; or 414 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (ii) where he considers that the motor vehicle or trailer is overloaded or that it is not safety loaded, order the motor vehicle or trailer to be driven forthwith to the nearest weighbridge and weighed or order . the load to be made safe before the motor vehicle AG O or trailer is moved; or of n (iii) where he considers it unsafe for the motor vehicislse io or trailer to be driven under its own meormp tive power, order that the motor vehicle or tr t oau iler be towed forthwith to the nearest policew isth tation or d workplace of a vehicle inspector whutieb chever is the more convenient. ri di st d o r [s. 81] uc e Power to order 96.–(1) A police officer of, or above, rtohdp e rank of inspector who examination has reason to believe that a motober r evehicle or trailer has ceased to be fit for the purpose for wyh ma ich it is registered may order that the motor vehicle or k otorailer be produced for examination by a vehicle inspector ahtis ab specified time and place. t (2) An order give f rt no under subsection (1) of this section shall be deemed to be paao n order prohibiting the use of the vehicle pending suchd .e Nxamination other than the driving of it direct to the placseer vsepecified in the order. ts re [s. 82] h rig Examination by 97 ll . A.–(1) A vehicle inspector may, after examining a motor inspector nviaza ehicle or trailer- n Ta (a) approve the same as being fit for the purpose for which of nt it is being used and issue a certificate of fitness in e rnm respect thereof; ov e (b) permit the motor vehicle, trailer to be driven or towed 5 G 02 direct to a workshop for the purpose of being repaired ©2 on the condition that the motor vehicle or trailer will be returned direct to the vehicle inspector for re- examination after the completion of repairs; or (c) condemn the motor vehicle or trailer. 415 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (2) Where a motor vehicle or trailer is condemned or is unfit for the purpose for which it is being used and is likely to be a danger to any person until it has been repaired, the vehicle inspector shall forthwith remove the identification marks . and return them to the Registrar who shall either cancel the OAG registration of the motor vehicle or trailer where condemned, f n o or shall suspend the registration of the vehicle until he issiois notified by the vehicle inspector that the vehicle is fit foper r mthe purpose for which it was registered. ut o (3) The owner of a motor vehicle or trailer, the r wei tghistration d of which is cancelled or suspended under subseucteb tion (2), may appeal against the decision of the Registrar dwis tirtihin a period of thirty days of the date when the decisiond ois r communicated to him to a court presided over by a Residdu ceent Magistrate. rep ro [s. 83] be Removal of 98.–(1) A police officer may y abandoned m atake possession of and remove vehicles any vehicle or trailer whic k oho i s on a road or road reserve where it appears to him that thhies bvehicle or trailer has been abandoned t by the owner and hraosf t not been moved from such road or road reserve for moreo tph aan three consecutive days. (2) Where. Nd any vehicle or trailer so removed is not claimed aners dve the expenses of removal and storage thereof not patisd r e by the owner or some other person having an inte h l rriegst therein within two months of the date of removal, l tah. A i e Registrar may cause a notice of his intention to sell anz by auction the vehicle or trailer to be published in the Tan f Gazette and in at least two national newspapers and, at nt o e any time thereafter, the vehicle  or trailer may be sold by ern m auction and disposed of to any person who shall thereupon, ov G become the lawful owner of the vehicle or trailer, as the case 250 may be. ©2 (3) The proceeds of a sale under subsection (2) shall be applied in payment of the costs and charges attending the sale, including the cost of the advertisement and of the expenses of removal and storage of the vehicle or trailer and the residue, 416 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] if any, shall be payable to the former owner of the vehicle or, where the former owner fails to claim the residue within six months of the sale, the residue shall be forfeited to the United Republic. . [s. 84] AG of O Removal of 99.–(1) It shall be the duty of the owner and of the driver osrio n broken-down s vehicle of any other person in control or in charge of a broken-deormw i n vehicle or trailer on any road to remove or take all reasuto p o nable steps to secure the removal of such vehicle or traile r th w ias soon as practicable from the road. ute d (2) A police officer, where he is of the opinisitro ibn- (a) that the owner or driver or other pore drson in control or in charge of a broken-down vueche dicle on any road has failed to take any necessary s d prtoeps to remove the vehicle or to cause it to be remboe vreed in accordance with the provisions of subsectioyn ma (1) of this section; or (b) that the vehicle con k oostitutes a danger to traffic, may forthwith removeh ist hb e vehicle or use the services of any t other person or perrs f t o ns to remove the vehicle in such manner and to such plaoc ep a as he may think fit, and for this purpose may provide a.n Nd d use any plant or apparatus and take all other steps whicsehr v he e may consider necessary. (3) Ws r e t hen a police officer removes any broken-down vehicle or tr raigl ihler or uses the services of any other person or persons to l rae. i mA ove the vehicle or trailer in accordance with the provisions anz of subsection (2) of this section- Tan f (a) the expenses of and incidental to such removal shall be nt o e recoverable summarily as a civil debt from the owner rnm thereof; and ve G o (b) except upon proof of failure to exercise reasonable 250 care, neither the police officer nor any person whose ©2 services are used by him as provided for in this section shall be liable to any action or demand whatsoever for any damage to the broken-down vehicle or trailer or otherwise in respect of the removal thereof. 417 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (4) A person who, without reasonable excuse, acts in contravention of or fails to carry out his duty under the provisions of subsection (1) commits an offence and on conviction, shall be liable to a fine not exceeding one thousand . shillings. OAG (5) For the purposes of this section “broken-down n o f vehicle or trailer” means any vehicle or trailer, whethisesr io mechanically propelled or drawn by any draught-aneirmmp al which, from any cause whatsoever, has become incaopua t ble of movement by its motive power or by the draught -wai tnh imal, as d the case may be. ute str ib r d i [s. 85] o Removal of 100.–(1) A police officer may take po e uscsedssion of and remove vehicle from parking place any motor vehicle or trailer whichpr oi ds in a metered parking place provided that- re be (a) a period of not less th y k m an three hours has elapsed from the time at whichoo the motor vehicle or trailer first appeared to hav b hies been parked in contravention of the t regulations; a rt on f d (b) the parki npao g meter in respect of the parking place in whdic. Nh the motor vehicle or trailer was parked or pe rve sremitted to remain has been inspected and found to re tsb e free from any defect. (l2 ri)g h The provisions of section 97(2) and (3) of this Act l sh. Aia all apply to a motor vehicle or trailer removed under this ansection. an z f T [s. 86] t o men Polircne may 101. A police officer may, after stopping any motor vehicle revqeuire motor ovehicle to be or trailer which he reasonably suspects of being, or of having 25 G 0 driven to police been, used or involved in the commission of an offence, ©2 station and detain vehicle whether under this Act or any other written law, order the driver thereof to drive it to the nearest convenient police station in order that- (a) particulars may be taken of the motor vehicle or trailer and its registration; 418 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (b) the names and addresses of the driver, owner and any passenger may be obtained; (c) the details of the place at which each passenger entered the motor vehicle and his destination may be obtained; . and AG O (d) statements relevant to the suspected offence may be n o f obtained, and such vehicle may be detained until i iassll o necessary inquiries have been made in relation tpoe r mthe case. t tho u i w [s. 87] d ute False information 102. A person shall not make any statement iwstr ihben required to do so under this Part which to his knowle dorg de is false or in any respect misleading. d ce rod u p [s.88] e e r Offences 103. A person who- ay b (a) fails to comply witohk mor contravenes any requirement, direction or orde bo isr made under this Part; (b) obstructs a pof lth o ice officer in the execution of his duty t under this p Pa rart; or (c) contradv. e Nno es the provisions of section 91 or 102, commits aenrv e offence and on conviction, shall be liable to a fine ns or ets exceeding ten thousand shillings or to a term of imp r t riigs honment not exceeding two years or to both. All . [s. 89] nia nz a Ta (b) Institution of Proceedings of Applicaetnio tn 104.–(1) This Part shall apply to all proceedings in relation to rnme the contravention of any of the provisions in this Part of this ov G Act referred to as “traffic proceedings”. 25 20 (2) The provisions of this Part are in addition to and not in © Cap. 20 substitution for the provisions of the Criminal Procedure Act. [s. 90] 419 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Institution 105.–(1) Traffic proceedings may be instituted- of traffic proceedings (a) in the manner provided by the Criminal Procedure Cap. 20 Act; or (b) by the completion, service and filing of a traffic charge . and summons in the manner hereinafter provided. AG O (2) A traffic charge and summons shall be in the form set n o f out in the First Schedule to this Act. siois (3) The Chief Justice may, by rules, amend, vary or reppe rlmace the form referred to in subsection (2). ut tho d w i [s. 91] ute Traffic charge and 106.–(1) When a police officer has reasonabliest rc ibause to suspect summons that any person has contravened any of thore d provisions of this Act or of the regulations, he may forthwed ucith complete and serve upon such person a traffic charge paron dd summons containing the particulars referred to in sectei b oren 105 of this Act. (2) Where a traffic charge m aaynd summons has been served upon any person, a copy thooe kr eof shall be lodged forthwith with the court specified therheisi bn. t (3) A person up f rt on whom a traffic charge and summons has been servedo sph aall attend the sitting of the court specified in such trafficd . c Nharge and summons and the court shall then proceed tose rh veear and determine the matter in accordance with Cap. 20 the protvs ir esions of the Criminal Procedure Act. (4i)g hl r Where, in any traffic proceedings, any person to whom Al s iau. bsection (3) of this section applies fails to appear before the anz court at the time and place specified in the traffic charge and an f T summons, the court shall, notwithstanding the provisions of nt o e any written law- rnme (a) proceed to hear and determine the charge in his absence Gov and may, if the court finds the accused person guilty of 02 5 the charge impose such fine as the court may think fit ©2 not exceeding the maximum fine prescribed in respect of such offence; or (b) in any case where in the opinion of the court the offence with which the accused person is charged is of a serious nature and may justify a sentence of imprisonment at 420 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] whatever stage of the trial such opinion is formed, issue a warrant for the arrest of such person: Provided that, upon appearance of the accused before the court pursuant to a warrant issued under paragraph (b) or . otherwise, the accused person shall not be entitled, as of right, G OA to have the proceedings commence de novo or to have any n o f witness recalled for cross-examination. io iss [s.r m92] ut pe o Application 107. Subject to section 106, the provisions of th e th w i Criminal of Criminal Procedure Act other than the provisions relatinugte d Procedure Act to the mode Cap. 20 of institution of proceedings or the presencsetr ib i of the accused person during the trial or sentence s ohr adll apply, mutatis mutandis, to proceedings on traffic ed uscummons and charges issued under the provisions of this P d praort. re be [s. 93] ay Admissibility of 108. A copy of any certificatke mo of fitness purporting to be issued certificates by a vehicle inspector toi st hb oe effect that he has examined a motor vehicle or trailer and o af tsh to the result of such examination shall, t if certified by the r pa Registrar, be prima facie evidence in any court proceedi o d. n Ngs of the facts contained therein: Provideedrv ethat, the court may, if it thinks fit, summon and examine r et s s he vehicle inspector as to the subject matter of his certi t rfiigc hate. ll . A [s. 94] nia za Punishment n Ta 109.–(1) This section shall apply to all such offences under this without prosecutiot o f n Act or the regulations as the Minister may, by order published n Actsn Nmoes. in the Gazette, specify as offences to which this section applies. 4 oefr 1990 s. 8; o1v6 of 1996 s. 18 (2) The Minister may, by order published in the Gazette, 25 G5 of 2011 s. 25 apply this section to such area or areas of Tanzania as he may ©20 specify in the order. (3) Where a police officer has reason to believe that, any person is committing or has committed an offence to which this section applies, he may serve him with the prescribed notice in writing offering the opportunity of the discharge 421 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] of any liability to conviction for that offence by payment of a fixed penalty under this section, and a person shall not then be liable to be convicted of that offence if the fixed penalty is paid in accordance with this section before the expiration . of twenty-eight days next following the date of the notice or OAG before the date on which proceedings are begun, whichever f n o event last occurs. iss io (4) Where a person is served with a notice under this sepce rtmion in respect of an offence, proceedings shall not be takeno ua t gainst such person for that offence by any police officer un wtii tlh after the d expiration of twenty-eight days next following btuh tee date of the notice. i dis tr (5) Payment of a fixed penalty underd toh r is section shall be made to such officer as may be prescridbue ced by regulations made under subsection (10) and a sum paepi rdo by way of a fixed penalty for any offence shall be treated, fo r ber the purposes of this section, as if it was a fine imposed on ay m conviction for that offence. (6) A notice under su ok bbosection (3) shall specify the offence alleged and give such paisr th ticulars of the offence as are necessary for giving reasonab f rtl oe information of the allegation and shall state also the peo rpi aod during which proceedings will not be taken for the do. e ffNence, the amount of the fixed penalty, and the officer to swer vhom and the address at which the fixed penalty e may bhet sp raid. ( g ll7 ri) Where a police officer finds a vehicle on an occasion aian. Ad has reason to believe that, on that occasion there is being, an nz or there has been committed in respect of it an offence to a of T which this section applies, he may proceed under this section t en as if he had found a person reasonably believed by him to be rnme committing the offence, and for that purpose a notice affixed v G o to the vehicle, shall be deemed to been served on the person 25 20 liable for that offence. © (8) A notice affixed to a vehicle under the provisions of subsection (7) shall not be removed or interfered with except by or under the authority of the driver or person in charge of the vehicle or the person liable for the offence in question 422 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] and any person contravening the provisions of this subsection commits an offence and on conviction, shall be liable to a fine not exceeding five thousand shillings. (9) The fixed penalty for an offence under this section shall . be three hundred thousand: G OA Provided that, the Minister may, in an order under of n subsection (1) specifying an offence to which this sectiosniois applies or by any subsequent order, prescribe in relation t r poe many offence so specified a penalty of not less than twenty thouo t usand shillings but not exceeding thirty thousand shilling ws.ith (10) The Minister may make regulations for aultle d b or any of the following purposes- ri dis t (a) prescribing the form of notice undd oe r r subsection (3) of this section and the officer to wchedu om a fixed penalty is payable; proe (b) prescribing the duties boef r officers to whom a fixed penalty is payable anmda ythe information to be supplied to them; and ok bo (c) generally for thhies t better carrying out of the purposes and provisiortn os f of this section. a o p [s. 95] d. N rve se PART VII ts re gh NATIONAL ROAD SAFETY COUNCIL All r i Establishment of n1ia1 . 0. There is hereby established a council to be known as National Road za Safety Councilan the National Road Safety Council (hereinafter referred to as T Act No. t o f “the Council”) which shall consist of the Chairman, a Vice- 4 of 199e0n s. 9 m Chairman and not less than ten other members appointed by ernv the Minister. o 5 G [s. 96] 2 ©20 Functions of 111. The functions of the Council shall be to- Council (a) provide an effective central organisation, to intensify road safety activities and to exploit fully and continuously available knowledge and experience in all matters connected with road safety; 423 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (b) promote research into causes of road accidents; (c) promote statistical research as to the number, types and cost of traffic accidents; (d) diagnose from research and statistical records or any . other sources, causes of road accidents and to suggest AG O counter-measures to combat accident problems; of n (e) identify local accident hazards, devise and sugge io isst remedies and advise the authorities concerneped rm to promote action; ut o (f) make proposals for amending traffic and roith w ad safety d legislation with a view to reducing road truatb ffie c accidents; (g) encourage and provide training and edstur i di cation for road users; r ed o (h) increase road users’ knowledg c due of particular hazards, how they arise and how to cepo rope with them; (i) induce a more positive a btet irtude to road safety through lectures, demonstrat mio ayns, campaigns or any other means; oo k b (j) collect, prepare f th isand disseminate educational material on road safert yo ; (k) prepare a a on pd promulgate fully integrated programmes of pu . N ebdlic information and publicity by means of all appserr vopriate media of mass communication; and e (l) htsa rdvise on current or projected ideas concerning motor g ll r i vehicle or trailer design, equipment and maintenance ia. A with particular reference to safety devices. za n n [s. 97] Ta of Term oef no tffi ce of 112.–(1) A member of the Council shall hold office for a period membmers Acetr Nn o. of three years. v G o4 of 1990 s. 9 (2) A member of the Council may, by notice in writing under 250 his hand addressed to the Minister, resign his membership. ©2 (3) The Minister may remove any member from office for inability to perform the functions of his office or for any other cause. (4) A person who ceases to be a member shall be eligible for re-appointment. 424 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (5) Where any member of the Council is, for any other reason, unable to exercise the powers or perform the duties of his office, the Minister may appoint another person to be a temporary member of the Council during the absence or . incapacity of that member. OAG (6) Where a member of the Council dies, resigns, or is n o f removed from office, or, for any other reason, ceases to hoislsd io office, the Minister may appoint another person to tak rm pee the place of such member and the person so appointed shoau tl l hold office until the expiration of the term of office of th weith member d in whose place he is appointed. ibu te ist r d [s. 98] or Regulations 113. The Minister may make regulatioucnes d for all or any of the governing Road Safety Council following purposes: rodp Act No. (a) prescribing the manner obfe c reonvening and the frequency 4 of 1990 s. 9 of meetings of the Cmaoyu ncil, the rules of procedure to apply at such mk ooeetings, the co-option of persons thereto and for htish be recording and keeping of minutes; t (b) providing frot or f the establishment and procedure of committeo eps a of the Council, for the co-option of any persons. Nd to such committees and for the payment of all rve soewances to committee members; (c) e tsp rroviding for the establishment, membership, h l ri g procedure, functions and duties of regional or district Al a. i Road Safety Committees and for the co-option of n za persons or bodies to such committees; Tan f (d) providing for the appointment and the remuneration nt o e of persons as may be necessary for the carrying out of rnme the provisions of this Part; v G o (e) providing for the keeping of accounts by the Council 02 5 and authorising the Council to receive gifts and to ©2 award prizes or any other incentives in cash or in kind; and (f) providing for the better carrying into effect of the purposes and provisions of this Part. [s. 99] 425 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] PART VIII MISCELLANEOUS PROVISIONS Persons 114. A person propelling or riding any carriage or an animal . propelling pushcarts or upon a road, or driving any animal-drawn vehicle, shall be AG f O riding animals, subject to the provisions of this Act. n o etc. [s. 10is0s o ]i pe rm Restrictions on 115. A bicycle shall not carry more than one personh oo uvt er the riding bicycles age of seven years in addition to the driver and wthitd e person carried shall sit on a carrier securely fixed to thbeu t ebicycle or on i a step especially fitted to carry a passenger. dis tr d o r [s. 101] uc e Damage to road 116. Where, by reason of an offence apgroa dinst this Act, any damage or related works is caused to any road or any worbk e e sr erected in connection with the road or any road signs, mtha ye authority responsible for the repair of the road may cauks oo e such damage to be made good, and may, either beforthes bi or after the damage is made good, recover the estimartte od f or actual cost from the owner of the vehicle causing toh pe a damage. d. N e [s. 102] se rv Certificate of cost 117. A sc re ertificate under the hand of the Engineer-in-Chief, or t any h rpigerson authorised by him in that behalf as to the cost of m. aAkll ing good any damage referred to in section 116, shall be a za npi rima facie evidence of the amount payable by the owner of n f T a the vehicle which caused the damage. t on [s. 103] rnm e oAvp eplication of 118. This Act shall apply to persons in, and vehicles owned 5 GAct to persons 02 in public service by or used in the service of Government, save to the extent ©2 and vehicles of otherwise expressly provided in this Act or in any other Government written law. [s. 104] 426 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Driving vehicle, 119. A person who drives or propels or causes to be driven etc., to common danger or propelled any animal or carriage on a road carelessly, negligently or recklessly, or at a speed or in a manner which is dangerous to the public or to property, having regard to . all the circumstances of the case, including the amount and OAG nature of the traffic which actually is at the time or which of n might reasonably be expected to be on such road, commits iassn io offence. ermp u[ts . 105] ith o w Driving carriage, 120. A person driving, propelling or being in ctehdarge of any etc., while drunk u carriage or animal on a road, while drunk or w rib isht ile his efficiency for such purpose is impaired by drink oro rd d rugs, commits an offence. d uc e pro d [s. 106] ree Bicycle, etc., to 121. A bicycle and tricycle sh b aayll be fitted with a horn, bell or have bells other instrument and the pekr mo son riding such bicycle or tricycle shall, whenever it is pru bo isd ent for the purpose of giving audible warning of his approafc th o h, clearly sound such horn, bell or other t instrument. pa r o d. N [s. 107] e erv Use of blind 122. An s r eowner or person in charge of a carriage drawn by animals animigahl tss shall not allow any animal which is of materially deAfell r . ctive vision to be used for drawing such vehicle on a road. an ia [s. 108] nz Ta Hire of veth oic f les 123.–(1) The person in charge of any vehicle standing or plying men for hire and not engaged shall not, without lawful excuse, ernv refuse to take any lawful passenger. o 5 G (2) A person hiring a vehicle shall not wilfully refuse to pay 20 2 © on demand the legal fare due by him. [s. 109] 427 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Arrest without 124. A police officer may arrest without warrant the driver or warrant the person in charge of any vehicle, carriage or animal who commits an offence under this Act- (a) where the offender refuses to give his name and address; . (b) where the police officer has reason to believe that the AG name or address so given is false; of O n (c) where he has reason to suspect that the offender w io isisll abscond; or pe rm (d) where the vehicle is a motor vehicle or trailer, iofu tit does not bear identification marks. with ute d b [s. 110] i ist r Aiding, abetting, 125. Where a person is convicted of aiding, abr d o etting, counseling, etc. procuring, or inciting the commission ed uocf an offence under this Act, and it is proved that he was prperos dent in the vehicle at the time the offence of which he is co r benve icted of was committed, he shall, for the purpose of the pryo ma visions of this Act relating to disqualification for holdingok o or obtaining a driving licence, be deemed to have comm b hiitsted an offence in connection with the t driving of the vehicrleo. f a t o p [s. 111] d. N Exemptions 126. The Mervi enister may, by order published in the Gazette, exempts er eisther wholly or partly, and either unconditionally or subj ht erigct to conditions, any person or vehicle or class of vehicles fr.o Am ll any of the provisions or requirements of this Act. ia za n [s. 112] n Ta General pe onft alties 127.–(1) A person who contravenes or does any act prohibited for conetrnavention of Anctm by this Act or by subsidiary legislation made under this Act, er ov or who fails or omits to perform any act required by this Act 5 G2 or any subsidiary legislation made under this Act, and the 0 ©2 contravention or failure to comply therewith is not an offence under any other provision of this Act or of such subsidiary legislation, commits an offence and, on conviction, shall be liable to a fine not exceeding two thousand shillings or imprisonment for a term not exceeding six months or to both. 428 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (2) A person who wilfully fails or refuses to comply with any lawful order or direction of a police officer in relation to vehicular traffic and the failure to comply therewith is not an offence under any other provision of this Act, commits . an offence and, on conviction, shall be liable to a fine not AG O exceeding one thousand shillings. n o f (3) A parent or guardian who permits or authorises a chiislsd io or ward under his care to do or perform any act prohibitpeed rm by this Act commits an offence and, on conviction, shall obue t liable to a fine not exceeding one thousand shillings. ith d w (4) A person who commits an offence undbeur te this Act for which no specific penalty is provided for on trcidis onviction shall be liable to a fine not exceeding two thodu osrand shillings or to imprisonment for a term not exceedin e ugc six months or to both. pro d e [s. 113] e rb Regulations 128.–(1) The Minister may,a y m subject to the provisions of subsection (2), make reg oo kulations for the better carrying into effect of the prov b hiiss ions and purposes of this Act and t in particular but wrt iot fh out prejudice to the generality of the foregoing, may mo pa ake regulations- (a) regulat.i nNd g the registration of motor vehicles and trailers ansde r vtehe issue of certificates of registration, and from st irt me e to time requiring owners of motor vehicles and h l ri g trailers to furnish all such particulars as the Minister Al ia. may consider necessary or desirable; n za (b) providing for the proper recording and maintenance an f T of registers, for the alteration or rectification of any t o en register or certificate of registration; m ern (c) prescribing forms and materials of registration plates, v G o the size, shape and character of the numbers of 5 02 distinguishing marks to be shown thereon, the number ©2 of registration plates to be affixed to each motor vehicle or trailer and the mode in which the registration plates are to be affixed; 429 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (d) prescribing forms of applications, certificates of registration, identification marks and other matters that may be required for the purposes of this Act and prescribing conditions on which duplicates or . substitutes for any certificate of registration or other AG O document may be issued; n o f (e) providing for the examination and testing of applicanistss io for driving licences, the manner in which applpice ramnts are to be tested, and the renewal of driving liceonu tc es; (f) providing for the special examination a th wnid testing d of holders of driving licences in any cbaus tee where it is considered by the Inspector-Generdail i s trof Police to be necessary in the interests of publicor d safety, and for the revocation of their licences ifu cted he holders refuse or neglect to be so examined orpre otested; (g) prescribing forms of ap bpe lrication, licences and other matters that are requ mir aeyd to be prescribed under Part III, registered of d ok broiving licences issued under Part III, the correction ,t ha isl teration or cancellation of entries in such register so,frt the issue of duplicates of or substitutes for drivinog p alicences; (h) prescerdib . Ning the mode in which driving licences are to be sesru vspended, cancelled or endorsed and the form in re htswhich cancellations and endorsements shall be entered l ri g l on driving licences; A ia. (i) specifying the persons who are forbidden to drive motor n nz a vehicles or any class of motor vehicles on grounds of of Ta their physical or mental condition and providing for nt e tests to be carried out on such persons and the standard ern m by which a person shall be deemed to be incapable of v G o driving a motor vehicle; 02 5 2 (j) providing for minimising the noise and the issue of © smoke or other pollutants from the working of any motor vehicle or trailer; (k) providing for the safe carriage of goods and passengers in motor vehicles or trailers; 430 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (l) restricting or prohibiting the use of motor vehicles, trailers or carriages which, owing to defects of construction or equipment, or owing to disrepair, are unsuitable for safe use; . (m) prescribing acceptable standards of construction OAG of motor vehicles, trailers and carriages and of the n o f equipment to be used thereon; io iss (n) prescribing the affixing of efficient brakes and pge romod tyres on motor vehicles, trailers or carriages aunt o d the kinds of lamps that may be carried on mo twoi trh vehicle, d trailers, or carriages, requiring the ca t brurye ing of such lamps and prescribing how and wh ri deisn t they are to be used; or d (o) regulating the attaching andd u cue se of bells, alarms, reflectors, direction indicateopr ros, and other instruments for giving notice of the a r bpeproach, position or course of motor vehicles, trailersa y m or carriages, or for assisting in their control; prescorob ibk ing the kinds thereof to be used on different classe is sth of motor vehicles, trailers or carriages; and prohibit f rti no g the use on any class of motor vehicles, trailers oro cp aarriages of any bell, alarm, reflector, direction indicaeto . Nd r, or other instrument as aforesaid of a kind that is nseor vt prescribed for use on that class of motor vehicles, e htst rrailers or carriages or of a kind that is prescribed for use rigll on any other class of motor vehicles, trailers or carriages; A ia. (p) prescribing the maximum weight and maximum za n n dimensions of any motor vehicle, trailer or carriage, Ta of and any load thereon, that may be used on any road, t en the maximum weight that may be transmitted on the ern m road surface by the wheel or wheels on any one axle of ov G a motor vehicle, trailer or carriage, and the maximum 25 20 and minimum air pressure of the tyres of any motor © vehicle or trailer and further prescribing a maximum punishment of a fine not exceeding fifty thousand shillings or imprisonment not exceeding ten years or to both for any contravention of any such regulation made under this paragraph; 431 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (q) providing for the periodical examination of motor vehicles, trailers and carriages and the issue of certificates of fitness; (r) requiring any person who sells a motor vehicle or . trailer intended to be used on the road to deliver to the OAG purchaser at the time of the sale a current certificate of n of fitness issued within a specified time before t io ihsse sale and certifying that the motor vehicle or tprea rmiler has been inspected in accordance with the reguutl o ations and complies with the requirements of the r th wei gulations d concerning construction, equipment anbdu t econdition of motor vehicles or trailers; i dis tr (s) limiting the hours during which, ord a nd regulating the conditions upon which, any peurcsed on may drive a motor vehicle or trailer exceeding parnoe y specified weight along any specified road; r be (t) prescribing for the s mafaeyty of the public or the better preservation of roaodkbo s, the maximum speed of motor vehicles, or tra s thi ilers or of specified classes of motor vehicles or f rt orailers on any specified road or in any locality a oo pr throughout Tanzania, or prescribing maximd.u N e m speeds of motor vehicles or trailers on spesecri vfied classes of roads; e (u)h tsp rrescribing the duties and regulating the conduct of ll r ig persons using roads for any purpose and, in particular, A ia. of persons in charge of, or riding in, any motor vehicle, an nz trailer or carriage on roads and of persons in charge of, a f T or driving or leading animals on roads; t o en (v) prescribing the construction and equipment for testing ern m of bicycles and regulating the use thereof on roads; v G o (w) regulating the control of pedestrians on roads; 5 20 2 (x) generally regulating traffic of all classes, whether © vehicular, pedestrian, animal or otherwise and prohibiting traffic or any class of traffic, either absolutely or conditionally, on any specified road; 432 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (y) providing for the use of speed controlling and measuring devices, vehicle lights testing devices, camera records, tyre-checking equipment and the construction, type or standard of such equipment; . (z) generally regulating the use of motor vehicles, trailers OAG or carriages prescribing the conditions upon which of ionthey may be used; iss (aa) providing for the erection and maintenancpee r m of uniform signs, lights, and notices, the makuti o ng of and maintenance of road markings for thew it ghuidance, d direction and use of persons using roa te bdus; prescribing the size, colour, design, dimensionsd a i istnr d other details of signs, lights, notices and othedr orr oad markings, the materials of which they are to bdue c emade and the manner in which they are to be erec ro etped, made and maintained; (bb) providing for the classificea r b tion of roads with reference to their suitability for uay m se by different classes of motor vehicles, trailers or ockbo arriages; (cc) providing for itsh th e provision and control of, and prescribing t f rth oe form of, pedestrian crossings; the control of road wo praks and the maintenance of road works; (dd) providi.n N o ed g for car parks and parking places, their control ansde rt vhe provision of parking meters at parking places; e (ee)ht sr er quiring such evidence, as may be specified of the fact l ri g l that a motor vehicle is insured as required by the Motor Cap. 169 . Aia Vehicles Insurance Act to be displayed on the vehicle za n n in such manner as may be specified and providing f T a o for a penalty of a fine not exceeding fifteen thousand nt e shillings or imprisonment for a term not exceeding ern m three years for any contravention of regulations made Gov under this paragraph; 5 20 2 (ff) providing for the registration of taxi cabs, the maximum © charges which may be charged in respect of a passenger carried in a taxi cab and for other matters relating or incidental to the taxi cab business; 433 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] (gg) prescribing a Highway Code for application in Tanzania or any part or parts of Tanzania; and (hh) prescribing anything which is required to be or which may be prescribed under any provision of this Act. . (2) The Minister responsible for finance may make AG O regulations- n o f (a) prescribing or providing for anything which by this Aiscst io may be prescribed or provided for in regulations pme rmade by the Minister responsible for finance; and t ou (b) prescribing the fees and charges to be paid f woirth- (i) the registration or re-registratiounte d b of various classes of motor vehicles or traidle ri isrt s; (ii) the alteration or cancellati r do on of particulars of registration of motor vehdic cleu es or trailers; (iii) searches of registers; proe (iv) certified copies of r ebec or rds; (v) dealers’ certificat y me a of registration; (vi) notice of chabno ogke of ownership of a motor vehicle or trailer; f th is (vii) duplicart oe copies of, or substitutes for, certificates of reog pi astration, and other documents; (viii) tehd .e N issuing of a driver’s licence; (ix)e rvs the issue of a learner driving licence; e hts( xr ) the testing and examining of drivers; rigll (xi) alteration of records; . Aia (xii) duplicate copies of, or substitutes for, licences; n nz a (xiii) the issuing of certificates of competence; of Ta (xiv) the examination of vehicle by a vehicle nt e inspector; and ern m (xv) issuing of certificates of fitness of a vehicle by a ov G vehicle inspector. 25 20 [s. 114] © 434 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] Delegation by 129. The Minister may, by order published in the Gazette, Minister delegate all or any of his functions under this Act, either generally or in relation to any area, to any public officer or authority. . [s. 115] OAG of Delegation by 130. The Registrar may, with the consent of the Ministesrio n Registrar s responsible for finance, delegate all or any of his funcetrimo ins under this Act, either generally or in relation to any atr pou ea, to any public officer. with ute d [s. 116] tribs Repeal 131. [Repeals of the Traffic Ordinance withr ds iavings.] R.L. Cap.168 d o ce [s. 117] u rod Omitted 132. [Omitted.] p re y b e a [s. 118] m oo k b FtIhRis ST SCHEDULE f TRAFFarItC o CHARGES AND SUMMONS p . N o (Section 105(2)) d eTrv e s HE UNITED REPUBLIC OF TANZANIA re hts THE ROAD TRAFFIC ACT g ActA Nll or.i 1ia2. of 1979 za ns. 31 an f T nt o e In the Magistrate’s Court of .......................................... at ............................... rnm Criminal Case (Traffic) No. ....................................................................... veo of 20........................ 5 G Vehicle Registration No. .............................................................................. 20 2 To ..................................................................................................................... © .......................................................................................................................... (Accused) 435 THE ROAD TRAFFIC ACT [CAP. 168 R.E. 2023] SUMMONS Your attendance is necessary to answer to the charge/charges set out hereunder and you are hereby commanded to appear without fail in the Magistrate’s Court of ..................................... at ...................... on the ............................ G. day of ............................................. 20........... at .................a.m./p.m. or as OA soon thereafter as the case can be heard. f n o Dated this ................................................ day of........................................s.s.. io 20............ i rm Magistrate peutCHARGE tho d w i .................................................................................................t.e........................ ............................................................................................r.i.b. u........................... .........................................................................................i.s.t d ............................... Traffic Charge and Summons received. or .............u..c.. e.d.......................................... (Namroed and Signature of Accused) p e r e y b SECOND m aSCHEDULE ok s b o i [Omitted.] f th art o o p . N rve d see hts r ll r ig A nia . a nz Ta t o f en ern m ov 5 G 02 ©2 436