Tanzania issues new Mining Rules on Dispute Resolution
In Tanzania, road and rail are the most common methods of transport for cargo and passengers. In this article, we discuss the Land Transport Regulatory Authority (LATRA) and its role as the regulator of the land transport sector, which impacts all stakeholders in road, rail and cable transport in Tanzania.
LATRA is established by the Land Transport Regulatory Authority Act No. 3 of 2019 (the Act). The Act repealed the Surface and Marine Transport Regulatory Authority Act, thereby abolishing SUMATRA, formerly the regulator of both land and marine transport sectors.
LATRA is tasked with the regulation of the land transport sector; particularly road, railway and cable transport. The marine transport sector is now independently regulated by the Tanzania Shipping Agencies Corporation (TASAC).
Road and rail are the most common methods of transport for cargo and passengers in Tanzania. The cable transport system is a niche sector with very limited application in Tanzania for cargo transport and tourism.
As the regulator of land transport in Tanzania, LATRA is charged with the performance of the following functions:
The Act and its subsidiary legislation vest LATRA with a wide range of powers to discharge its functions as a regulator. For instance, LATRA is vested with the power to:
LATRA now plays a significant role in the regulation of road transport. Its regulatory mandate extends to issuing licences and certification to stakeholders participating in the sector, as well as enforcing compliance with the existing regulations. Much of the road transport sector in Tanzania is operated by private entities or individuals, hence the importance of regulation to ensure that consumer interests are protected against the risks of an unregulated industry.
In the railway transport sector, LATRA's role is limited to safety and security. This is likely due to the existence of specific railway legislation, which already includes regulatory mechanisms, and the fact that the Government has historically been the major stakeholder in the railway sector.
LATRA is mandated to issue the following licences and certifications:
The Act establishes a mechanism for handling complaints and resolving disputes arising between suppliers of services regulated by LATRA and consumers or third parties. For example, where an operator (transporter) fails to resolve a consumer’s (passenger’s) complaint, the consumer can then refer the matter to LATRA’s complaints handling mechanism in order to resolve the dispute.
To handle complaints and resolve disputes amicably, LATRA investigates the matter and submits its recommendations to the LATRA Board which determines the matter and issues a decision within a prescribed time. Where any party is aggrieved by the decision of the LATRA Board in relation to a dispute referred to LATRA, such party has a right to appeal to the Fair Competition Tribunal.
Our Tanzania team can support you on various aspects of the land transport sector in Tanzania, including providing support during engagements with LATRA in relation to licensing or regulatory issues, as well as the dispute resolution process. For more information, please contact any of the authors listed below.