In this briefing, we outline the highlights of the Land Transport Regulatory Authority Act No. 3 of 2019 (the LATRA Act) which came into force on 29 April 2019 via the Land Transport Regulatory Authority Act (Date of Commencement) Notice No. 358 of 2019. While the LATRA Act establishes the Land Transport Regulatory Authority (LATRA) it also repeals the Surface and Marine Transport Regulatory Authority Act No. 9 of 2001 (the SUMATRA Act) which established the Surface and Marine Transport Authority (SUMATRA). The LATRA Act is only applicable to Tanzania Mainland.
LATRA is tasked with regulating the transport sector and seeks to replace the previous authority, SUMATRA, which dealt with the transport sector as well as marine sector.
Unlike the SUMATRA Act which provided for different dates for the commencement of different parts or provisions; the whole LATRA Act is expected to have commenced i.e. on 29 April 2019.
Some important functions of LATRA include; coordinating land transport safety activities, registering crew and certifying drivers of rail, road, underground and cable transport. It is also tasked with certifying the worthiness of rail track, public service and goods vehicles.
The SUMATRA Act provides for a class licence which is granted to multiple persons engaged in the provisions of services within the surface and marine sectors; the LATRA Act provides for another type of licence; a long term licence which lasts for a period of 5 years or more.
The SUMATRA Act required SUMATRA to abide by international agreements to which Tanzania is a party; this provision is missing from the LATRA Act.
Section 4 (3) of the LATRA Act provides that the AG shall have the right to intervene in a matter instituted by or against the Government; unlike in the SUMATRA Act the intervention will now be done through the Solicitor General. In addition when suing the Government a person or body corporate will not be required to give the AG 90 days' notice.
The decisions of LATRA will be reviewed by the LATRA Board within 14 days of the aggrieved party having received it. If the person is further aggrieved they will appeal to the FCT.
To ensure transparency, Section 25 of the LATRA Act provides for a public register to be published by LATRA and made available to the public. Unlike the SUMATRA Act, the LATRA Act does not provide for how and when the public can access / inspect the register.
The LATRA Act makes it an offence and provides for disciplinary action when a member or employee of the LATRA Board fails to comply with the code of conduct which is prepared and published by LATRA.
The main points to note include:
Please clickhere to see a table which summarises the key changes in the LATRA Act.