C. Legal Requirements

Numerous laws apply to the transport sector. However, it is important to read them in light of other laws applying to the agricultural and livestock sector, Chapter 4.1, the industrial sector, Chapter 4.4, as well as the Trade and Commerce sector, Chapter 4.11, because many businesses first produce a product, then transport it, and finally trade it. Thus, the whole legal picture lies in these different sectors.

Merchant Shipping Act

This Act is to provide for the control, regulation and orderly development of merchant shipping. The Act explicitly states that it does not apply to regulation of inland waters (§2) except for some specific sections.

The Act mostly pertains to registering and licensing of ships; rights and requirements of master, officers, seamen and apprentices; safety; dealing with wrecks; and limitation and division of liability and pollution. Relevant sections of the Act include those related to safety, dangerous goods, and pollution.

Safety. Most safety provisions relate to safety of life at sea. However, such provisions are also relevant in prevention of accidents which can result in pollution spills. For example, ships must be inspected to determine if safety appliances are adequate (§189), and the ships receive safety convention certificates if they pass inspection (§198). Generally, the crew must be sufficient and efficient (§205), ships must notify other ships and the authorities of the hazards of navigation (§206) and ships have an obligation to assist vessels in distress (§208). Ships also have a duty to observe collision regulations (§210) and to assist other vessels in the event of a collision (§211).

Section 231 specifies that in operating a vessel, there is an implied contract that the ship is seaworthy and a detaining officer has the right to detain such ship until it is safe (on complaint) (§232). The Minister also may define any goods as dangerous goods and may prescribe: a) The method of packing and stowing such goods, b) the quantity of such goods which may be carried on any ship, c) the place or places within a ship in which they may be carried, d) the marking that is to be placed on any package or container in which goods may be placed for shipment, and e) the precautions that shall be taken with respect to the carriage of such goods and the provisions of such regulations. Failure to abide by the regulation is an offense (§320). Part V requires notification of authorities in the event of the wreck (but no provisions are included regarding prevention of spillage, containment, etc.).

Pollution. The part of the Act which covers pollution is Part XI: Discharge of oil, oily moisture or dark smoke within a certain distance from shore are offenses under the Act. Section 309 contains definitions of oil or oily mixtures:

Discharge within 100 miles of any land is an offense, and the owner/master of the ship shall be guilty with a penalty of up to 10,000 Tsh. A court can also order the convicted person to defray the cost of removal of such pollution or cost of damage to any person. Section 310 prohibits the discharge of dark smoke. "If any vessel within limits of a port emits dark smoke or soot or ash or grit or gritty particles for a period in excess of five minutes in any one hour, the master or owner of such ship shall be guilty of an offense. The Minister may make regulations prescribing methods for ascertaining whether smoke is or is not dark and may appoint inspectors to report whether the prohibition imposed by the creation of an offense by virtue of this section has been complied with. Section 317 adopts certain British and International Shipping Rules, as listed in Schedule 2, including the Petroleum (Liquid Methane) Order, the International Regulations for Preventing Collisions at Sea; Merchant Shipping (Fire Appliances) Rules, etc.

Inland Water Transport Ordinance, Cap. 172

The purpose of this Ordinance is to license and regulate ships on inland water. A Transport Licensing Authority is created to oversee regulation and licensing.

The Ordinance applies to the waters of Lake Victoria, and to Lake Tanganyika and such other waters as the President may proclaim. "Ships" are defined as "every description of vessel used in navigation not propelled by oars." (section 2). Conveying goods by ship without a license is prohibited (section 4) and violation of section 4 is an offense. The licensing authority can impose conditions on licensees, and must consider a variety of issues when deciding whether to grant a license, including "the extent to which the proposed service is necessary or desirable in the public interest" (section 12). General conditions are automatically imposed on every licensee:

In addition, a licensing authority may also impose conditions, including:

Such discretionary conditions may only apply to mechanically propelled ships and non-mechanically propelled ships which also operate outside the inclined waters of Tanganyika (§13 (3) ). Conditions may be varied from time to time by the Licensing Authority, and failure to comply with conditions is an offense. Licenses can be revoked/suspended for failure to comply with conditions (§14); Penalties for offenses are 400 Tsh. for the first offense, 1,000 Tsh. for every offense thereafter (§17). The Minister for Communication and Works may make rules to implement the Ordinance (§20).

Highways Ordinance

The purpose of the Ordinance is to regulate the construction and building of highways, roads of access and execution of works thereto, as well as to regulate the use of Highways. The Ordinance creates Central and District Road Boards responsible for governing highways. Most of this Ordinance is not relevant to environment issues, such as the question of pollution or siting of roadways, but several provisions may indirectly help to regulate impacts of pollution. Roads of access are governed by Part IV and §22 allows road authorities to prohibit "any particular class of traffic on a road of access[where it] is desirable in the public interest." Similarly, use of public highways may be restricted to "the exclusive use of any specified kinds of traffic." (section 36). Furthermore, "in exercise of the powers by this section conferred, a road authority may give orders prohibiting the use of any public highway by any class or classes of traffic, and otherwise regulating or restricting the manner in which any public highway or part of a public highway is to be used." (section 36). Provisions protecting highways themselves do not address health of the public, or the possible effects of highway degradation on humans (i.e., damaged roads leading to hazardous chemical spills, etc.). Section 44 gives the road authority power to regulate maximum weights and speeds of vehicles which may lawfully be driven or hauled over any part of highway. Failure to abide by posted regulations is an offense. The general penalty for violation of the Ordinance is 500 Tsh. or 3 months imprisonment.

Explosives Act

This Act is discussed extensively in Chapter 4.4, Industry. The Act requires licenses for various aspects of the explosives life-cycle, including an explosives transport license.

Protection from Radiation Act

This Act is discussed in Chapter 4.4, Industry. The Act does not specifically regulate transportation of radioactive material, but does generally prohibit any activity involving radioactive material without a license from the National Radiation Commission (NRC). If transportation is argued to be "an activity", a license from NRC would be required.

Petroleum Conservation Act

This Act generally gives the authority to the Minister responsible for petroleum matters to regulate conditions of shipment, storage, quantity and quality control, via licensing. Section 5 gives the Minister responsible for mining the authority to make regulations for a) types of petroleum, b) importation, landing, loading, shipping, transport, storage, including licensing systems. c) notice to be given by owner/master of vessels, d) prohibitions on passengers and petroleum transport together, e) quantity of petroleum transported, f) precautions to be observed in transport. Section 7 sets penalties for violations of the Act or permit conditions. Section 8 stipulates transport violations, while section 9 gives vessel violations.