The Road Traffic (Amendment) Act, 2021

Road Traffic (Amendment) Act, 2021
ISSN 0856 - 01001X

THE UNITED REPUBLIC OF TANZANIA
No. 7 3rd June, 2021
SPECIAL BILL SUPPLEMENT

To the Special Gazette of the United Republic of Tanzania No.7. Vol.101 dated 3rd June, 2021
Printed by the Government Printer, Dodoma by Order of Government
THE ROAD TRAFFIC (AMENDMENT) ACT, 2021
ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
PART II
AMENDMENT OF VARIOUS PROVISIONS
2. Amendment of section 2.
14. Repeal of section 29.
18. Repeal and replacement of section 33.
1
22. Amendment of section 39B
23. Amendment of section 39C.
24. Addition of section 39D.
25. Addition of section 42A and 42B.
34. Repeal of section 63.
38. Addition of section 96A, 96B, 96C, and 96D.
41. Addition of section 113A.
PART III
CONSEQUENTIAL AMENDMENT TO THE LAND TRANSPORT
REGULATORY AUTHORITY ACT,
(CAP. 413)
42. Construction.
2
________
NOTICE
________
This Bill to be submitted to the National Assembly is published for general

information to the public together with a statement of its objects and reasons.
Dodoma, HUSSEIN A. KATTANGA

2nd June, 2021 Secretary to the Cabinet
A Bill
For
An Act to amend the Road Traffic Act.
ENACTED by the Parliament of the United Republic of Tanzania.
PART I
PRELIMINARY PROVISIONS
Short title 1. This Act may be cited as the Road Traffic

Cap. 168
(Amendment) Act, 2021.
PART II
AMENDMENT OF VARIOUS PROVISIONS
Amendment 2. The principal Act is amended in section 2 by

of section 2
inserting in its appropriate alphabetical order the following
new definition:
““child restraint” means any protective device
properly affixed in a motor vehicle, which is
intended to protect a child occupant of up to
five years of age, and which is
manufactured according to the prescribed
national safety standards.”
Amendment 3.The principal Act is amended in section 5(1) by

of section 5
deleting the opening words and substituting for it the
following;
3
“(1) The Registrar shall keep and
maintain an electronic database of-”
Amendment 4. The principal Act is amended in section 8-

of section 8
(a) in subsection (2), by deleting the phrase
“exceeding fifty thousand shillings or to
imprisonment for a term” and substituting for it
the phrase “less than one hundred thousand
shillings but not exceeding five hundred
thousand shillings or to imprisonment for a term
of not less than one year but”; and
(b) by adding immediately after subsection (2) the
following:
“(3) Notwithstanding subsection (1),
a motor vehicle or trailer registered in
Tanzania Zanzibar may be used in Mainland
Tanzania in a manner prescribed by
regulations made by the Minister in
consultation with the Minister responsible
for finance.”

of section 10
deleting a proviso to subsection (2).
Amendment 6. The principal Act is amended in section 13, by-

of section 13
(a) inserting the words “or a certified copy by a
notary public” between the words “registrar”
and “issued” appearing in subsection (1); and
(b) deleting the phrase “not exceeding ten thousand
shillings or to imprisonment for a term not
exceeding two years or to both such fine and
such imprisonment” appearing in subsection (2)
and substituting for it the phrase “not less than
fifty thousand shillings but not exceeding one
hundred thousand shillings or to imprisonment
for a term of not less than six months but not
exceeding twelve months or to both.”
4
of section 14
deleting the phrase “exceeding five thousand shillings or to
imprisonment for a term not exceeding twelve months”
appearing in subsection (5) and substituting for it the phrase
“less than fifty thousand shillings but not exceeding five
hundred thousand shillings or to imprisonment for a term of
not less than six months but not exceeding twelve months”.

of section 18
deleting the phrase “not exceeding ten thousand shillings”
appearing in the closing statement and substituting for them
the phrase “not less than five hundred thousand shillings but
not exceeding one million shillings”.

of section 19
adding immediately after subsection (2) the following:
“(3) A person who contravenes the
provisions of this section shall be guilty of
an offence and shall, on conviction, be liable
to a fine of not less than one hundred
thousand shillings but not exceeding three
hundred thousand shillings or to
imprisonment for a term not exceeding
twelve months or to both”.

of section 21
deleting the words “other than a motor-cycle” appearing in
subsection (1) and substituting for them the words “or a
motor-cycle”.

of section 23
deleting subsection (3).

of section 27
(a) by designating the content of section 27(1) as
section 27;
(b) in section 27 as designated by-
(i) deleting the reference to section 40
appearing in paragraphs (a) and (d);
(ii) deleting paragraph (h); and
(c) deleting subsection (2).
5
Amendment 13.The principal Act is amended in section 28, by-

of section 28
(a) deleting subsection (4);
(b) deleting the words “or (4)” appearing in
subsection (5); and
(c) renumbering subsections (5), (6), (7) and (8) as
sub sections (4), (5), (6) and (7) respectively.
Repeal of 14. The principal Act is amended by repealing

section 29
section 29.

of section 30
deleting the words “or 29”.

of section 31
deleting the reference to section 29 appearing in subsections
(4) and (5).
Repeal of 17. The principal Act is amended by repealing

section 32
section 32.
Repeal and 18. The principal Act is amended by repealing

replacement
of section 33 section 33 and replacing for it the following:
“Custody of 33. Where the court cancels or
driving suspends a driving licence under the
licence while
cancelled provisions of section 27 or 28, it shall-
etc. (a) send notice thereof to the
Registrar;
(b) order the police to cancel or
suspend licence
electronically; and
(c) order the licence holder to
surrender the driving license
to the Registrar for custody”.

of section 36
deleting the words “Kenya or Uganda” appearing in
paragraph (c) and substituting for them the words “any
country of the East African Community, Southern African
Development Community or Common Marketing for
Eastern and Southern Africa”.
6

of section 37
(a) in paragraph (a), by-
(i) deleting the words “(other than a
motorcycle)”;
(ii) “deleting the words “valid driving licence”
and substituting for them the words
“valid instructor’s licence”;
(b) by deleting the words “valid driving licence”
appearing in paragraph (b) and substituting for
them the words “valid instructor’s licence”;
(c) by deleting the closing phrase and substituting
for it the following:
“commits an offence and shall be
liable to a fine of not less than one hundred
thousand shillings but not exceeding five
imprisonment for a term not less than six
months but not exceeding twelve months or
to both.”

of section 39
(a) in subsection (4) by deleting paragraph (b) and
substituting for it the following:
“(b) any child of the apparent age of three
years and under the apparent age of five
years, shall be deemed to be a passenger
but shall not be required to pay fare on
public transport”;
(b) by deleting subsections (11) and (12);
(c) by renumbering paragraphs (13), (14) and (15)
as subsections (12), (13) and (14) respectively.
Amendment 22. The principal Act is amended in section 39B, by

of section
39B inserting the words “fix or” between the words “not” and
“use” appearing in subsection (2).
Amendment 23. The principal Act is amended in section 39C,

of section
39C by-
(a) adding immediately after subsection (5) the
following:
7
“(6) A person or driver of a motor
vehicle shall not fix or use or cause to be
fixed or used a sport light on the motor
vehicle.”; and
(b) renumbering subsection (6) as subsection (7).
Addition of 24. The principal Act is amended by adding

section 39D
immediately after section 39C the following:
“Individua 39D.-(1) A person who travels in
l safety a motor vehicle without securely
conditions
wearing a safety belt shall be guilty of
an offence.
(2) A child under five years of
age shall not be seated in the front seat
of a motor vehicle whether accompanied
by any person or alone.
(3) A person shall not carry a
child in a private motor vehicle unless
that child is properly restrained in an
appropriate child restraint that conforms
to the prescribed national safety
standards, best suited to his height and
weight.
(4) Nothing stated under
subsection (3) shall be construed to
exclude the mandatory use of a child
restraint for a private motor vehicle of
any category licensed to operate under
any written law.
(5) A person shall not ride a
motor-cycle without wearing a helmet
properly fastened under his chin and in
conformity with the prescribed national
safety standards.
(6) A person shall not carry a
child who is under five years of age as a
passenger in a two wheeled motorcycle,
unless that child is accompanied by an
adult.
(7) Notwithstanding subsection
(1) a driver, conductor or passenger
8
travelling on a public transport shall not
exceed the prescribed number of
passengers specified in respect of the
vehicle unless for the vehicle travelling
within a distance of 100 kilometers.
(8) A person shall not refuel
passengers service vehicle while the
passengers are on board.
(9) Any person, driver or crew
who uses public road or public transport
shall give priority to person with
disabilities.
(10) Any person who
contravenes this section shall be guilty
of an offence.”

sections 42A
and 42B immediately after section 42 the following:
“Dangerou 42A. A person who causes
s riding bodily injury or death to any person by
riding a motor-cycle, tricycle or bicycle,
carelessly, recklessly or dangerously
shall be guilty of an offence and shall, on
conviction, be liable to a fine of not less
than thirty thousand shillings but not
exceeding one hundred thousand
shillings or to imprisonment for six
months.
Accidents 42B. A person who causes an

by un
insured accident or collision on a public road by
motor driving or riding, carelessly, recklessly
vehicles or dangerously a motor vehicle, motor-
cycle or trailer that is not insured under
Cap. 169 the Motor Vehicle Insurance Act shall be
liable to cover all damages arising from
such accident.”

of section 43
inserting the word “interfere” between the words “obstruct”
and “hinder” appearing in subsection (1).
9

of section 45
(a) deleting the phrase “not less than ten thousand
shillings but not exceeding twenty thousand
shillings” appearing in subsection (4) and
substituting for it the phrase “not less than two
hundred thousand shillings but not exceeding
five hundred thousand shillings”; and
(b) deleting the phrase “not less than ten thousand
shillings but not exceeding twenty thousand
substituting for it the phrase “not less than two
five hundred thousand shillings”.
Amendment 28. The principal Act is amended in section 46(4) by

of section 46
deleting the phrase “not exceeding ten thousand shillings”
and substituting for it the phrase “not less than two hundred
thousand shillings but not exceeding five hundred thousand
shillings”.

of section 49
deleting the word “eighty” and substituting for it the word
“fifty”.

of section 50
adding immediately after subsection (28) the following:
“(29) Any person who drives a
private or commercial service vehicle or
trailer while using a mobile phone shall be
guilty of an offence:
Provided that, a driver of private
motor vehicle shall not be liable for an
offence under this subsection if he proves to
have been using hands free devices attached
to the vehicle.”

of section 56
deleting the phrase “not exceeding five hundred shillings”
and substituting for it the phrase “not less than fifty
thousand shillings but not exceeding one hundred thousand
10
shillings”.

of section 57
deleting subsection (7) and substituting for it the following:
“(7) Any person who contravenes
any of the provisions of this section shall be
guilty of an offence and shall, on conviction,
be liable to a fine of not less than one
five hundred thousand shillings or to
imprisonment for a term of not less than one
year or to both”.

of section 62
(a) deleting the phrase “not exceeding fifteen
thousand shillings” appearing in subsection (1)
and substituting for it the phrase “not less than
fifty thousand shillings but not exceeding three
hundred thousand shillings”; and
(b) deleting the words “five thousand shillings”
appearing in subsection (5) and substituting for
them the words “five hundred thousand
shillings”.

replacement
“Penalties 63.-(1) Any person who is
for offences convicted of an offence under section 55,
under part
IV 58, 59, 60 or 61 shall be liable to a fine of
not less than fifty thousand shillings but
not exceeding three hundred thousand
shillings or to imprisonment for a term
not exceeding two years or to both.
(2) Any person who is convicted
of-
(a) an offence under section 40
shall be liable to a fine of not
less than three million
shillings but not exceeding
five million shillings or to
imprisonment for a term of not
11
less than three years:
Provided that, where only
bodily injury was caused and such
injury did not amount to grievous
harm within the meaning of that
expression in the Penal Code, the
person convicted of the offence
shall be liable to a fine of not less
than one hundred thousand
shillings but not exceeding five
imprisonment of a term of not less
than twelve months but not
exceeding five years;
(b) an offence under section 41,
42 or 44 shall be liable to a
fine of not less than one
hundred thousand shillings but
not exceeding three hundred
thousand shillings or to
imprisonment of a term of not
less than twelve months but
not exceeding three years:
Provided that in the case
of a conviction for an offence
under section 41 where only
bodily injury was caused and such
Cap. 16
injury did not amount to grievous
harm within the meaning of that
expression in the Penal Code, the
person convicted of the offence
shall be liable to a fine of not less
shillings but not exceeding three
hundred thousand shillings or to a
term of imprisonment of not less
than twelve months but not
exceeding three years;
(c) an offence under section 43
shall be liable to a fine of not
less than fifty thousand
12
two hundred thousand
shillings or imprisonment to a
term of not less than twelve
months but not exceeding five
years;
(d) an offence under section 50 or
51 or for failure to comply
with any provision of section
54 or 57 shall be liable to a
fine of not less than fifty
thousand shillings but not
exceeding three hundred
thousand shillings;
(e) an offence under paragraph (a)
or (b) of section 52 for a first
offender shall be liable to a
fine of not less than fifty
thousand shillings but not
exceeding three hundred
thousand shillings or
imprisonment to a term of not
less that twelve months but
not exceeding three years;
(f) an offence under paragraph (a)
or (b) of section 52 for second
or subsequent offender shall
be liable to a fine of not less
five hundred thousand
term of not less than two years
but not exceeding five years;
(g) an offence under paragraph (c)
or (d) of section 52 for first
offender shall be liable to a
fine of not less than one
hundred thousand shillings but
not exceeding three hundred
thousand shillings or
13
imprisonment to a term of not
less than six months but not
exceeding two years;
(h) an offence under paragraph (c)
or (d) of section 52 for second
or subsequent offender shall
be liable to a fine of not less
than two hundred thousand
five hundred thousand
term of not less than twelve
months but not exceeding
three years;
(i) an offence under section 45
shall, where it is proved that
the proportion of alcohol in
his blood-
(i) exceeded 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 not less than one
hundred thousand
shillings but not
exceeding three
hundred thousand
shillings or
imprisonment to a term
of not less than two
years but not
exceeding five years;
(ii) exceeded a prescribed
limit but did not
exceed one hundred
and fifty milligrammes
of alcohol in one
hundred millilitres of
14
blood at the time he
provided the specimen
of blood be liable to a
fine of not less than
fifty thousand shillings
but not exceeding two
hundred thousand
shillings or
imprisonment to a term
of not less than two
years but not
exceeding four years,
unless the court, for
special reasons, thinks
fit to impose a fine or a
term of imprisonment
less than the minimum
fine or the minimum
term of imprisonment
specified under this
subsection.
(3) Where a sentence of
imprisonment of the prescribed minimum
period or more is passed in respect of any
offence for which an alternative
minimum sentence is also prescribed, the
court may in addition to such sentence of
imprisonment impose a fine not
exceeding one half of the maximum fine
prescribed therefor.
(4) Where the court sentences any
person convicted of an offence to which
this section applies to a fine or the
minimum amount prescribed or more the
court may, if in relation to such offence
an alternative sentence of imprisonment
is also prescribed, impose in addition to
such fine a sentence of imprisonment for
a term not exceeding one half of the
maximum term of imprisonment
prescribed for such offence.”
15

of section 84
deleting the words “three consecutive days” appearing in
subsection (1) and substituting for them the words “twenty
four hours”.
Amendment 36. The principal Act is amended in section 85, by

of section 85
deleting the phrase “not exceeding one thousand shillings”
appearing in subsection (4) and substituting for it the phrase
“not less than one hundred thousand shillings but not
exceeding five hundred thousand shillings”.

replacement
“Establish 96.-(1) There shall continue to
ment of exist a council to be known as the National
National
Road Road Safety Council.
Safety (2) The Council shall-
Council
(a) be a body corporate with
perpetual succession and a
common seal;
(b) in its corporate name, be
capable of suing and being
sued;
(c) for and in connection with the
purposes of this Act, be
capable of holding, purchasing
and otherwise acquiring and
disposing of movable or
immovable property; and
(d) subject to the provisions of this
Act, have power to borrow
money and to do or perform all
acts and things which a body
corporate may lawfully do.
(3) The Council shall be the lead
agency of all road safety matters in
Mainland Tanzania.”

section 96A,
16
96B, 96C, immediately after section 96 the following new sections:
and 96D
“Compositi 96A.-(1) The Council shall
on of comprise of the following members:
Council
(a) the Chairman who shall
subject to the provisions of
subsection (3) be appointed
by the Minister;
(b) thirteen members appointed
by the Minister as follows:
(i) a representative from
Ministry responsible
for local
government;
(ii) two representatives
from the Ministry
responsible for
health and social
welfare; one of
whom from the
directorate dealing
with non
communicable
diseases and another
from Social Welfare
Department;
(iii) a representative from
the Ministry
responsible for
works and transport;
(iv) a representative from
the Ministry
responsible for
finance;
(v) a representative from
the Ministry
responsible for
information;
(vi) a Law Officer
representing the
Office of the
17
Attorney General;
(vii) Commissioner of
Education;
(viii) Commissioner of
Insurance;
(ix) Director of Road
Transport from the
authority responsible
for land transport;
(x) Rector of the
National Institute of
Transport;
(xi) a representative from
Non-Governmental
Organizations
dealing with road
safety; and
(xii) a representative from
organizations
dealing with
commercial
transporters.
(2) In appoint members under
paragraph 1(b), due regard shall be paid
to the gender, qualification, experience
and involvement of the person in the
core business of the Council.
(3) The Council may, where it
considers necessary, co-opt any person
to attend its meeting provided that such
person shall not have a right to vote.
(4) The Chairman shall be
appointed from amongst persons of
good standing and recognized for their
high levels of professional, competence
and integrity.
(5) The Chairman and other
members of the Council shall hold
office for a term of three years and
shall be eligible for re-appointment for
one further term.
18
Executive 96B.-(1) There shall be a

officers
Secretary of the Council who shall be
appointed by the Minister o from
amongst road safety stakeholder
institutions.
(2) The Secretary to the Council
shall be a holder of a masters degree of
highway engineering, transport and
logistics management, law, economics
or any field related to road safety from
recognized learning institution with an
experience of at least five years.
shall hold office for a term of five years
and shall be eligible for re-appointment
for one further term.
shall be responsible for coordinating all
activities of the Council and to
discharge such other functions as may
be conferred upon him by the Council.
Committees 96C.-(1) Council may establish

of a Council
at national level the following
committees-
(a) Committee of Enforcement
and Operations;
(b) Committee of Education,
Information, Training and
Publicity;
(c) Committee of Road Safety
Infrastructure;
(d) Committee of Evaluation
and Research; and
(e) Committee of Emergency,
Rescue and Support.
(2) The Council may, for the
purpose of performing its functions
under this Act, establish such number
of committees at regional and district
19
level to perform specific functions as
may be determined by the Council.
(3) Composition, appointment
and other matters relating to
committees established under
subsection (2) shall be prescribed in the
regulations.
Funds and 96D. The funds and resources

resources of
Council of the Council shall consist of-
(a) any sums which may be
provided for the purpose of
the Council by the
Parliament;
(b) any donations, grants,
bequests and loans which
the council may, from time
to time, receive from any
person or organization;
(c) any fees or other charges
which may be obtained from
mandatory motor vehicle
inspection and driving
school licensing fee; and
(d) any sums which may in any
manner be vested in the
Council either under the
provision of this Act or any
other written law, or
incidental to the carrying
out of its functions.”

replacement
“Functions 97.-(1) The Council may, for
and powers the purposes of carrying out its
of Council
functions under this Act, do all such
acts as may appear to be necessary for
proper performance of its functions
and implementation of this Act.
(2) Without prejudice to
20
subsection (1), the Council shall, in
collaboration with relevant sector
ministries-
(a) provide an effective central
organization to intensify
road safety activities and to
exploit fully and
continuously available
knowledge and experience
in all matters connected
with road safety;
(b) review and recommend
where necessary
amendment of traffic and
road safety legislation with
a view to reducing road
traffic accidents;
(c) carry on road safety audit
and inspection;
(d) carry out surveys which
will assist in the proper
Road Traffic management;
(e) cooperate with other
regional and international
councils or organizations;
(f) undertake and co-ordinate
research, investigation and
surveys in the field of road
safety and collect, evaluate
and disseminate
information about the
findings of such research,
investigation or survey;
(g) review and recommend for
approval road safety impact
statements;
(h) identify projects and
programmes or types of
projects and programmes,
for which road safety audit
or road safety monitoring
21
may be conducted under
this Act;
(i) enforce and ensure
compliance of the road
traffic related laws;
(j) initiate and evolve
procedures and safeguards
for the prevention of road
traffic incidents and evolve
remedial measures where
accidents occur;
(k) undertake in co-operation
with relevant sector
Ministries programmes
intended to enhance road
safety education and public
awareness about the need
for sound of road traffic
management as well as for
enlisting public support and
encouraging the effort
made by other entities in
that regard;
(l) publish and disseminate
manuals, codes or
guidelines relating to road
safety awareness,
management and
prevention or abatement of
road crashes;
(m) render advice and technical
support, where possible, to
entities engaged in road
safety enforcement,
management, road safety
public awareness so as to
enable them to carry out
their responsibilities;
(n) encourage and provide
training and education for
road users;
22
(o) prepare and promulgate
fully integrated
programmes of public
information and publicity
by means of all appropriate
media of mass
communication;
(p) advise on current or
projected ideas concerning
motor vehicle or trailer
design, equipment and
maintenance with particular
reference to safety devices;
(q) coordinate and review the
efficiency of mandatory
vehicle inspection system;
(r) coordinate the preparation
of curriculum and
examination for driving
schools;
(s) prepare and disseminate
annual National Road
Safety Report;
(t) coordinate and supervise
the Road Accident
Information System;
(u) coordinate emergency and
rescue services; and
(v) perform such other function
which is incidental to road
safety matters as the
Minister may direct.
(3) Without prejudice to the
Cap. 413 functions and powers of the Land
Transport Regulatory Authority, the
Authority shall report quarterly to the
Council on the regulated vehicles in
transportation industry”.

of section
113 (a) deleting the phrase “not exceeding two thousand
23
substituting for it the phrase “not less than fifty
hundred thousand shillings”;
(b) deleting the phrase “not exceeding one thousand
thousand shillings but not exceeding two
hundred thousand shillings”;
(c) deleting the phrase “not exceeding one thousand
substituting for it the phrase “not less than one
two hundred thousand shillings”; and
(d) deleting the phrase “not exceeding two thousand
hundred thousand shillings.”

section 113A
immediately after section 113 the following:
“Act to 113A. Where there is any
supersede inconsistency between the provisions
other Acts
Cap. 168 of this Act and the provisions of any
other written laws with regard to road
safety matters, the provisions of this
Act shall prevail.”
PART III
CONSEQUENTIAL AMENDMENT TO THE LAND TRANSPORT
REGULATORY AUTHORITY ACT,
(CAP 413)
Construction 42. This Part shall be read as one with the Land
Cap. 413
Transport Regulatory Authority Act, hereinafter referred to
as the “principal Act”.
Amendment 43. The principal Act is amended in section 5(1) by

of section 5
deleting paragraph (d) and substituting for it the following:
“(d) to coordinate and regulate commercial
standards in land transport.”
24
__________________
OBJECTS AND REASONS

__________________
This Bill proposes to amend the Road Traffic Act. Cap. 168 in order
to address challenges encountered in the course of its enforcement. The
proposed amendments are aimed, among other things, at restructuring
institutional setup of the National Road Safety Council with a view to
enhancing its efficiency in management and coordination of matters
relating to road safety. Further to that, the proposed amendments are
intended to align the provisions of the law with the electronic licencing
system recently introduced as one of the measures for enhancing
compliance with the provisions of the road safety laws. Alongside the
restructuring of the National Road Safety, the Bill proposes to enhance
penalties assigned to various offences in the Act in order to reflect the
gravity of such offences.
The Bill is divided into Three Parts.
Part I provides for the Title of the proposed Law.
Part II proposes for amendment of various provisions of the Road

Traffic Act, Cap 168. It is proposed to amend section 5 in order to
recognize in the Law the electronic registers recently introduced for proper
management of records relating to road safety. The Part further proposes to
amend section 8 in order to recognize and allow motor vehicles and motor-
cycles registered in Tanzania Zanzibar to be used in Tanzania Mainland
subject to regulations to be prescribed by the Minister responsible for
finance.
The Bill amends section 10 that allows a child of the age of 16 years
to be registered as owner of a motor-cycle. The amendments propose to
prohibit such child to be registered as owner of a motorcycle. The reason
for the proposed amendments is to align the provisions of such section with
the current licensing system that requires the owner of a motor-cycle to
have a Tax Identification Number (TIN) as prerequisite for such
registration. TIN, according to Tax, laws is issued to persons with the age
of 18 years and above.
25
The proposed amendments to sections 13, 14, 18, 19, 45, 46, 56, 57,
62, 63 and 85 are intended to enhance fines and penalties imposed by courts
of law for various offences under the Act. The current fines are very low as
compared to the current value of money and the gravity of offences
concerned as most of them were fixed almost forty years ago. The Bill
further proposes to amend section 21 in order to compel motor-cyclists to
undergo driving courses as a precondition for being granted with for
applying for a driving license. The aim of the amendment is to ensure that
all motor-cyclists acquire necessary motor-cycling skills before being
issued with licence hence to minimize accidents.
The Bill proposes to amend sections 27, 28, 29 and 33 in order to

align them with the use of electronic record keeping system. The proposed
amendments do away with the system of putting endorsement on a licence
as evidence for wrong doing, instead, the current electronic system has
introduced electronic endorsement which is done and monitored
electronically. The amendments further introduce a requirement to all
drivers whose licenses have been cancelled or suspended to surrender such
licenses to the Registrar for electronic endorsement.
It is further proposed to amend section 36 of the Act in order to

broaden its scope so as to recognize and implement in Tanzania the
disqualification from driving a motor vehicle imposed by any SADC or
COMESA country. The purpose of the amendments is to take on board
other countries which have joined East Africa and also to enable the Act to
take cognizance of orders made in relation to road matters by members of
regional blocs in which Tanzania is a party.
The Bill proposes to amend section 37 of the Act by imposing a

requirement to all driving instructors to have instructor’s license. The
purpose of the proposed amendment is to ensure that all instructors have
necessary qualifications. The Bill further proposes to amend section 39 of
the Act by introducing other safety measures such as requirement for
motorists and passengers to wear helmets and the proper use of seat belts.
Also it is proposed to add sections 42A and 42B which creates offence and
impose a penalty on a person riding a motor bike, tricycle or bicycle
carelessly, recklessly or dangerously. It further provides for the rights of
victims of road crashes caused by uninsured motor vehicle or motor-cycle.
It is proposed to amend section 84 by reducing the number of days

within which a broken down motor vehicle must be removed from the road.
26
Currently, the section provides for three days, it is proposed to reduce the
number of days to twenty-four hours. The amendment aims at minimizing
the risk of road crashes which may be caused by such broken down vehicle.
It is proposed to repeal sections 96 and 97 of the Act and replace for

them other provisions which re-establish the National Road Safety Council,
outline its functions and provide for its composition and sources of funds.
The purpose of the amendments is to establish a robust Council that will
oversee the implementation of this Act and ultimately guarantee road safety
in Tanzania.
The Bill proposes to amend section 113 of the Act in order to

enhance the general penalty. The purpose of such amendment is to create
deterrence effect in order to make drivers more sensitive of various
instructions to be adhered to on the public roads.
Part III of the Bill propose to amend section 5(1)(d) of the Land
Transport Regulatory Authority Act, Cap. 413. The purpose of this
amendment is remove contradiction on enforcement between those two
laws.
_____________________
MADHUMUNI NA SABABU
_____________________
Muswada huu unapendekeza kufanya Marekebisho katika Sheria ya

Usalama Barabarani, Sura ya 168 ili kuboresha masharti ya Sheria hiyo kwa
kuondoa changamoto ambazo zimejitikeza katika utekelezaji wake. Baadhi
ya maboresho yanayopendekezwa ni pamoja na kuimarisha mfumo wa
kitaasisi wa usimamizi wa masuala ya usalama barabarani kwa kuboresha
muundo wa Baraza la Taifa la Usalama Barabarani na majukumu yake na
kulitambua kisheria baraza hilo kuwa ndiyo taasisi kiongozi katika masuala
ya usalama barabarani. Aidha, maboresho yanayopendekezwa katika
Muswada huu yanakusudia kutambua mifumo ya kielektroniki ambayo
tayari inatumika na imeonesha mafanikio makubwa katika utekelezaji wa
masharti ya Sheria hii lakini mifumo hiyo bado haitambuliwi na Sheria ya
sasa.
Sambamba na maboresho ya muundo wa kitaasisi na kimfumo,

marekebisho yanayopendekezwa yanalenga kuhuisha viwango vya adhabu
27
za faini zinazotozwa na mahakama na kutambua makosa ambayo
hayajatajwa na Sheria hii ambayo kimsingi yamebainika kuwa moja ya
vyanzo vya ajali za barabarani. Makosa hayo ni pamoja na kuendesha gari
huku ukiongea na simu ya kiganjani, kuendesha gari bila kufunga mkanda
nk. Lengo la marekebisho haya ni kuimarisha mfumo wa usimamizi wa
Sheria ili kulinda maisha ya watu na mali zao watumiapo barabara.
Muswada huu umegawanywa katika Sehemu Tatu.
Sehemu ya Kwanza inahusu Masharti ya Utangulizi ambayo

yanajumuisha Jina la Sheria ianayopendekezwa.
Sehemu ya Pili inapendekeza marekebisho katika vifungu

mbalimbali vya Sheria ya Usalama Barabarani. Inapendekezwa kurekebisha
kifungu cha 5 cha Sheria hii ili kutambua matumizi ya teknolojia ya
kielektroniki katika utunzaji wa kumbukumbu za usajili wa magari. Aidha,
kifungu cha 8 kinapendekezwa kurekebishwa ili kutambua usajili na
matumizi ya vyombo vya moto vilivyosajiliwa Tanzania Zanzibar kwa
lengo la kuviwezesha kutumika Tanzania Bara kwa kuzingatia utaratibu
kama utakavyoainishwa kwenye Kanuni na Waziri mwenye dhamana ya
masuala ya fedha.
Sehemu hii pia inapendekeza kurekebisha kifungu cha 10

kinachoruhusu mtu mwenye umri wa miaka 16 kusajiliwa kama mmiliki wa
pikipiki. Lengo la marekebisho haya ni kuendana na mfumo wa sasa wa
umiliki na usajili wa vyombo vya moto ambapo ili mtu aweze kumilikishwa
chombo cha moto ni lazima awe na Namba ya Mlipa Kodi (TIN) ambayo
hutolewa kwa mtu mwenye umri wa miaka 18 au zaidi. Pia marekebisho
haya yanalenga kwenda sambamba na Sheria ya Mikataba ambayo
inamtambua umri wa mtu kuingia katika mkataba kuwa ni miaka 18 au
zaidi.
Marekebisho katika vifungu vya 13, 14, 18, 19, 45, 46, 56, 57, 62,
63 na 85 yanakusudia kuhuisha adhabu ya faini inayotozwa na mahakama
ili kuimarisha usimamizi wa Sheria kwa wanaotumia vyombo vya moto
kinyume cha Sheria husika. Adhabu zilizoainishwa kwa makosa
yaliyotajwa katika vifungu hivi ni ndogo na zimepitwa na wakati na hivyo
kutokidhi dhana na lengo la adhabu. Sehemu kubwa ya adhabu
zianzopendekezwa kurekebishwa ni zile zilizowekwa tangu ilipotungwa
Sheria hii takribani miaka 40 iliyopita.
28
Inapendekezwa kufanya marekebisho katika kifungu cha 21 kwa
kuweka sharti la lazima kwa mtu yeyote anayetaka kuwa dereva wa pikipiki
kusomea udereva katika shule ya udereva iliyosajiliwa kama ilivyo kwa
madereva wa magari. Lengo la marekebisho haya ni kuwa na waendesha
pikipiki wenye taaluma na weledi katika udereva ili kupunguza ajali
zinazosababishwa na madereva wasio na uweledi.
Sehemu hii inapendekeza kufanyia marekebisho vifungu vya 27, 28,

29 na 33 ili kuendana na matumizi ya mfumo wa kielektroniki katika
usimamizi wa sheria na utunzaji wa kumbukumbu kwa kufuta vifungu vya
rejea ambavyo bado vinataja uthibitishaji wa taarifa katika mfumo wa
matumizi ya karatasi badala ya mfumo unaotumika sasa wa kielektroniki.
Sambamba na marekebisho hayo, Sheria hii imerekebishwa kuwataka
madereva wanaofungiwa au kusitishiwa leseni zao za udereva
kuzisalimisha kwa mamlaka husika ili zifungiwe au kufutwa katika mfumo
wa leseni za udereva wa kielektroniki.
Pia, marekebisho yanapendekezwa kufanywa katika kifungu cha 36

cha Sheria ambacho kinaeleza kuwa dereva akifungiwa leseni Kenya na
Uganda atahesabika kuwa amefungiwa kuendesha gari Tanzania. Sheria ya
sasa inazitambua nchi tatu waasisi wa Jumuiya ya Afrika Mashariki.
Marekebisho yanayopendekezwa yanakusudia kuzitambua Jumuiya za
Kikanda na siyo nchi moja moja. Lengo ni kupanua wigo wa ushirikiano
katika Jumuiya ya Africa Mashariki, SADC na COMESA bila kutaja nchi,
ushirikiano ambao unagusa pia matumizi sahihi ya barabara katika tasnia ya
usafirishaji ndani ya kanda hizi tatu (Tripartite).
Marekebisho katika kifungu cha 37 yanaweka masharti

yatakayomtaka mtu yeyote anayetaka kuwa mkufunzi wa madereva
kusajiliwa na kuwa na leseni ya kufundishia kama inavyotajwa katika
Sheria ya Usajili wa Shule za Udereva, Sura ya 163. Lengo ni kuwa na
wakufunzi wenye taaluma hiyo kama Sheria inavyoelekeza.
Vilevile, inapendekezwa kufanya marekebisho katika kifungu cha

39 cha Sheria hii kwa kuwatofautisha abiria kwa umri ili kulinda utu na
haki za mtoto atumiapo chombo cha usafiri wa umma tofauti na ilivyo sasa
ambapo watoto wawili wanahesabika kuwa ni abiria mmoja. Aidha,
inapendekezwa kuweka ulazima wa mtu kuvaa kofia ngumu ya usalama
tena kwa usahihi anapokuwa abiria katika pikipiki, kulazimisha abiria wote
katika chombo cha usafiri chochote kufunga mikanda ya usalama bila kujali
kama ni abiria wa kiti cha mbele au la.
29
Aidha, inapendekezwa kuongeza vifungu vipya vya 42A na 42B ili
kuweka wajibu wa kutii Sheria kwa mtu anayeendesha baiskeli ya miguu
miwili au mitatu; na pikipiki yenye miguu miwili au mitatu kwa uzembe,
mapuuza na hatari. Lengo ni kuweka haki kwa mtumiaji wa barabara
anayeathirika pindi inapotokea chombo hicho kimehusika katika ajali.
Aidha, marekebisho yanakusudia kuweka wajibu kwa mtumiaji au mmiliki
wa chombo cha moto ambacho kimesabisha ajali kikiwa hakina bima
kufidia hasara itakayotokana na ajali hiyo.
Sehemu hii ya Muswada inapendekeza kufanyia marekebisho

kifungu cha 84 kwa lengo la kupunguza muda wa gari lililoharibika
kuondolewa barabarani kutoka siku tatu hadi saa 24. Lengo ni kuondoa
hatari ambayo hujitokeza pindi gari inayoaharibika barabarani inapobaki
barabarani siku tatu mfululizo na kuwa chanzo cha ajali. Vilevile,
inapendekezwa kufuta vifungu vya 96 na 97 na kuandika vifungu vingine.
Lengo ni kuanzisha Baraza la Taifa la Usalama Barabarani lililoboreshwa
na ambalo ni taasisi kiongozi ya masuala ya usalama barabarani nchini.
Muswada unapendekeza kufanya marekebisho katika kifungu cha

113 cha Sheria kwa kuhuisha adhabu ya jumla katika makosa ya usalama
barabarani ambayo hayakuwekewa adhabu.Sambamba na marekebisho
hayo, inapendekezwa kuwa endapo kutatokea mgongano wa kisheria katika
masuala yanayohusu usalama barabarani kati ya Sheria ya Usalama
Barabarani, Sura ya 168 na Sheria nyinginezo Sheria hii itatumika.
Sehemu ya III ya Muswada inapendekeza kufanya marekebisho

katika kifungu cha 5(1)(d) cha Sheria ya Mamlaka ya Udhibiti wa Usafiri
wa Nchi Kavu, Sura ya 413 ili kuondoa mgongano wa kisheria kati ya
Sheria ya Usalama Barabarani na Sheria hiyo.
Dodoma, GEORGE B. SIMBACHAWENE

01 Juni, 2021 Waziri wa Mambo ya Ndani ya Nchi
30

The Road Traffic (Amendment) Act, 2021

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Road Traffic (Amendment) Act, 2021

ISSN 0856 - 01001X

SPECIAL BILL SUPPLEMENT

THE ROAD TRAFFIC (AMENDMENT) ACT, 2021

This Bill to be submitted to the National Assembly is published for general

Dodoma, HUSSEIN A. KATTANGA

An Act to amend the Road Traffic Act.

ENACTED by the Parliament of the United Republic of Tanzania.

Short title 1. This Act may be cited as the Road Traffic

Amendment 2. The principal Act is amended in section 2 by

Amendment 3.The principal Act is amended in section 5(1) by

Amendment 4. The principal Act is amended in section 8-

Amendment 5. The principal Act is amended in section 10 by

Amendment 6. The principal Act is amended in section 13, by-

Amendment 8. The principal Act is amended in section 18 by

Amendment 9. The principal Act is amended in section 19 by

Amendment 10. The principal Act is amended in section 21 by

Amendment 11. The principal Act is amended in section 23 by

Amendment 12. The principal Act is amended in section 27-

Amendment 13.The principal Act is amended in section 28, by-

Repeal of 14. The principal Act is amended by repealing

Amendment 15. The principal Act is amended in section 30 by

Amendment 16. The principal Act is amended in section 31 by

Repeal of 17. The principal Act is amended by repealing

Repeal and 18. The principal Act is amended by repealing

Amendment 19. The principal Act is amended in section 36 by

Amendment 20. The principal Act is amended in section 37-

Amendment 21. The principal Act is amended in section 39-

Amendment 22. The principal Act is amended in section 39B, by

Amendment 23. The principal Act is amended in section 39C,

Addition of 24. The principal Act is amended by adding

Addition of 25. The principal Act is amended by adding

Accidents 42B. A person who causes an

Amendment 26. The principal Act is amended in section 43 by

Amendment 27. The principal Act is amended in section 45, by-

Amendment 28. The principal Act is amended in section 46(4) by

Amendment 29. The principal Act is amended in section 49 by

Amendment 30. The principal Act is amended in section 50 by

Amendment 31. The principal Act is amended in section 56 by

Amendment 32. The principal Act is amended in section 57 by

Amendment 33. The principal Act is amended in section 62, by-

Repeal and 34. The principal Act is amended by repealing

Amendment 35. The principal Act is amended in section 84 by

Amendment 36. The principal Act is amended in section 85, by

Repeal and 37. The principal Act is amended by repealing

Addition of 38. The principal Act is amended by adding

Executive 96B.-(1) There shall be a

Committees 96C.-(1) Council may establish

Funds and 96D. The funds and resources

Repeal and 39. The principal Act is amended by repealing

Amendment 40. The principal Act is amended in section 113, by-

Addition of 41. The principal Act is amended by adding

Amendment 43. The principal Act is amended in section 5(1) by

OBJECTS AND REASONS

The Bill is divided into Three Parts.

Part I provides for the Title of the proposed Law.

Part II proposes for amendment of various provisions of the Road

The Bill proposes to amend sections 27, 28, 29 and 33 in order to

It is further proposed to amend section 36 of the Act in order to