Tenga, R.W. 'Consumer Protection Framework For Surface &amp Marine Transport in Tanzania - SUMATRA' June, 2008

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Consumer Protection Framework for Surface Transport Services in Tanzania

By: Dr. R.W. Tenga
[SUMATRA CCC Workshop, Morogoro, June 6, 2008]
SUMATRA CONSUMER
CONSULTATIVE COUNCIL
Consumer
Protection
Framework
for Surface
and Marine
Transport
Services in
Tanzania
THE CASE
OF SUMATRA
CONSUMER
CONSULTATIVE
COUNCIL
Dr. R. Willy Tenga. (Chairperson,

National Consumer Advocacy Council
[NCAC]).
Seminar for SUMATRA CCC MEMBER’S CAPACITY BUILDING ON

TANZANIA CONSUMER PROTECTION MODEL
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By: Dr. R.W. Tenga
HELD AT HILUX HOTEL, MOROGORO

5th & 6th JUNE, 2008
Consumer Protection Framework for
Surface and Marine Transport Services
in Tanzania: The Case of SUMATRA-CCC.

By R.W. Tenga
Chairperson, National Consumer Advocacy Council
1. INTRODUCTION
The Terms of reference given to me by the Chairman of SUMATRA-CCC
(Surface and Marine Transport Authority – Consumer Consultative Council)
for this presentation gave a list of five (5) items that are to be covered
here. These were written in Kiswahili and my, not so precise, translation
into English gave me the following terms:
i.The rights and responsibilities of consumers of surface

transport services under the jurisdiction of SUMATRA.
ii. The Responsibility of the SUMATRA CCC in formulation of the

Council’s vision and policies.
iii. The Council’s responsibility in strengthening the

competition framework in the market
iv. The Relevancy of the Council to Consumers of surface

transport services.
The
v. Council’s task in facilitating, promoting and
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By: Dr. R.W. Tenga
strengthening surface transport consumer networks in the

civil society
For ease of presentation I divide these terms into two main topics, first,
an overview the rights and duties of consumers of surface transport
services; and, secondly, the statutory mandates of SUMATRA’s Consumer
Consultative Council. Obviously items (ii) to (v) above will be sub-topics
of the second part of this paper.
It is important here to note that transport services play the role of

a ‘lubricant’ to the economic and social space. When we talk of access to
the market or commercial activity in general the underlying assumption
is that mobility of goods and services would be facilitated through a
system of transportation. The human agents themselves have to be
mobile in order to attain both social and economic objectives. The law
makes a distinction of the various modes of transport and the most basic
one is that between surface and air transport. We do have therefore in
Tanzania two separate regulatory frameworks one for surface and marine
transport and that is SUMATRA, and the other for air transportation, that
is TCAA. The National Transport Policy, 2003 gives an outline of the
Transport Sector and the government’s role in it. The core functions of
overseeing the sector are with the Ministry of Infrastructure Development.
For purposes of brevity the focus here is on surface transport.
2. The Rights and Duties of Consumers of Surface Transport Services

Rights and Duties.
To comprehend properly the rights and duties of the consumers of

transport services it is imperative that we undertake a rights based
analysis of the sector. The socio-economic activity in the area has
generated certain perceived rights of the consumer and the legal
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By: Dr. R.W. Tenga
framework is a fertile source of generating a fair overview of such rights

and their protections. The papers presented by Prof. Nditi, ‘Consumer
Concept, Rights and Obligations.’, and Songoro’s ‘The Concept of
Regulatory Framework (Dhana ya Udhibiti’ have both outlined the general
consumer rights and duties and now we need to focus on thematic areas
that are relevant to consumers of transport services. These themes
characterise the modus operandi for advocacy and consultation in
representing consumers. We have, as noted by the two presenters, 8
general consumer rights and 5 duties:
A. Consumer Rights:
1. The Right to Satisfy Basic Needs
2. The Right to Safety
3. The Right to be Informed
4. The Right to Choice
5. The Right to be Heard
6. The Right to Redress
7. The Right to a Healthy Environment
8. The Right to Consumer Education
● Incipient Rights:
i. The Right to Boycott
ii. The Right to Opportunity
B. Consumer Responsibilities:
1. Critical Awareness
2. Action
3. Social Concern
4. Environmental Concern/Sustainable Consumption
5. Working Together/Collective Action
At any level one can easily see that the Transport consumer is no different
from other consumers. Each right and duty has specific impacts on the
transport consumer and Nditi’s and Songoro’s papers have outlined these.
The freedom of movement, for example, is guaranteed by Article 17

of the Constitution of the United Republic of Tanzania 1977. Loss of
liberty and freedom often means the inability to be freely mobile in both
motorized mode and non-motorized mode. In line with the consumers
right to basic needs it makes sense to identify mobility as a basic human
need that each consumer has the right to satisfy, and protection of
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which is guaranteed by the constitution. Without mobility many rights

and freedoms may be rendered useless, e.g. right of association, right to
education, health and work, etc. are all dependent on mobility.
Similarly, the Right to Safety is a core right here where consumers are
faced with unsafe means of transportation. Without safety guarantees
roads can easily turn into ‘killing fields’. Tanzania has in the past faced
serious fatalities on the roads due to night travel by passenger buses
and government had to ban long distance passenger night travel to save
transport users from the carnage. We can go through the list of consumer
rights and see that each is of relevance to this sector’s consumer.
On the question of duties it is the passenger, the transport consumer, who

is the recipient of unsafe service, abusive business conduct, overloading,
hiked fares, etc.; and activism and awareness on his part could be a key
to higher standards in the sector.
To have a complete perception of the overview for defence of consumer

rights in the transport sector it is important to understand the present
day consumer protection framework. This has largely been done by
the person responsible for designing and executing this framework, Mr.
Godfrey Mkocha, the Director General of the Fair Competition Commission
(FCC) in his paper this morning on the ‘FAIR COMPETITION MODEL (DHANA
YA USHINDANI KATIKA UCHUMI WA SOKO)’. What I want to have the
Members of the Council consider is the consumer protection perspective
in that framework. We may style the current model as a co – regulation
compliance framework. How does it work?
This compliance framework involves the creation of a statutory

framework on the basis of which all market players “Self-regulate”
themselves. The Consumers, Suppliers of the Means of Transport, and
Government are the key players in this framework. Regulators provide
the medium for setting transport service standards and codes with the
participation of Transporters and Consumer representatives. Once the
standards and codes are agreed upon suppliers and their organisations are
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expected to enforce them. The Regulators have the power to intervene,

but only in cases where enforcement is ineffective. The participatory
approach to this kind of compliance framework has the advantage of
allowing all parties to be involved in the design of standards and codes. It
allows self-regulation but has a safety net of regulator intervention.
Critical to this framework is consumer participation. And adequate
Consumer participation is ineffective where Consumers are not aware of
their rights and responsibilities. This brings to the fore the central issue
of consumer education and the role of the SUMATRA CCC to enhance this
knowledge for the growth of a confident and pro-active consumer. The
assumption of the framework is that the key players (Suppliers of the
means of transportation, Government and Consumers of transport
services) may actually co-regulate the industry. In the pre – 2001
scenario more often than not one would hardly find a Consumer
Consultation process in regulatory frameworks or legislative enforcement.
For example, the 1986 National Road Safety Council Regulation (GN. No.
392/1986) is set under Part VII of the Road Traffic Act, Cap 168 (SS. 96 –
99) but both in its functions and composition it does not refer specifically
to transport consumers’ participation. The Council members are
individual appointees of the responsible minister. A similar view may be
noted in the licensing function, under the Transport Licensing Act, 1973.
It is therefore an appropriate and laudable innovation that the SUMATRA
Act in 2001 makes provision for systematic consumer representation.
Yet having considered the basic rights and duties; and the existing
consumer protection framework there is need to identify, as stated
earlier, the guiding strategic themes that inform the representation,
consultation and advocacy function of the SUMATRA CCC.
What are the Central Concerns of Transport Consumers?
Just last month the World Bank published a report which reviews its
work in the transport sector and details its strategy for years 2008 –
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2012. The Report is entitled “Safe, Clean, and Affordable – Transport for
Development” (WB. May, 2008). The virtue of this report is that it merges
its strategic objectives to the Millennium development goals (MDGs). It is
also a reflection of ongoing work in collaboration with stakeholders such
as TANROADS and SUMATRA that has produced a fair amount of research
on the transport sector in Tanzania. The three words ‘safe, clean,
affordable’ are not only a starting point for regulation of competition
and support of businesses, they also encapsulate the running themes that
inform the strategies and concerns of consumers in the transport sector.
A. Safe Transport!
First, the safety of transport users, transport workers and society at
large is Primary both to the Consumer and government. In terms of
health alone 40% to 60% of people living in developing countries live more
than 8 Kilometres from healthcare facilities. In terms of fatalities road
accidents kill worldwide almost 1.2 Million people annually and injure
50 million – more than hall are pedestrians and cyclists. Thus transport
mishaps affect the majority poor disproportionately. In Tanzania studies
from the College of Engineering and Technology [COET], University of
Dar es Salaam, from way back in 1999, to those sponsored by SUMATRA
on road safety indicate a similar pattern. The World Bank for the next
4 years, the report shows would give ‘special emphasis to road safety’.
The SUMATRA CCC better take heed as the present tenure of the Council
would run alongside this strategic period for the Bank, which, more often
than not, sets the ‘development vision’ for the donor community including
the all powerful G8.
B. Clean Transport!
The Second issue of concern is Clean Transport which would enhance
positive environmental protection in line with MDGs concerns on air
quality. The Report notes that 90% of Urban air pollution is generated by
Motor Vehicles and kills 800,000 people would wide yearly. The focus here
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is how to eliminate high pollution from vehicular traffic. Transport also

produces about 15% of global green-gas emission. The strategy would aim
at promoting “changes in travel behaviour, logistics decision, technology
choices, and transport modes’ Development funding would be made
available for projects that take account of such matters.
It is imperative that we as Consumer. Should say environment protection

is a banner we carry high and in our consultative advocacy support
environmentally “Clean” regulatory frameworks.
C. Affordable Transport!
The Third central objective is that of Affordable Transport. The World
bank declares efficient and affordable personal mobility is essential, in
both urban and rural areas, to make cities work better and to diversify
rural economies “ (P.2). It is noted that a majority of the world’s poor
live in low income countries and lack access to all weather roads. Now
where people lack mobility they become isolated and inclusion in national
social or economic life becomes a mere dream. It is imperative that
advocacy for consumer rights should rally to make transport affordable to
enhance mobility and inclusion. The World bank concentrate in assisting
the private Sector and businesses in this regard but the consumers, which
as they see this market initiative advantageous, they should be wary of
the excesses of private supply of transport services. The ‘dala –dala’
phenomenon has shown its dark sick of private enterprises. Reports are
replete of excessive Consumer abuse. SUMATRA CCC is to be commended
for its consultation initiative of Dala Dala operators and its published
report on the matter. It is imperative that as “affordability” is a term
used by the Bank to encourage transport business, the concern of the
consumer lobby should focus on to be to enhancement of participation
and access to processes that create affordable transportation.
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Traffic Safety: The Case of Tanzania
For purposes of reflection on the advocacy role of SUMATRA CCC let

us consider the issue of safe transport, particularly Road Traffic safety
in Tanzania, in more detail just to show certain complexities that are
peculiar to this sector. As stated earlier some two major studies have
been made recently in relation to traffic safety. What they show is a
complex of institutional relations that may diffuse focus on the safety
issue. And a World Bank study entitled ‘The Transport Sector in Tanzania
– A snapshot” by Cordula Thum, of May, 2004 notes the following:
“In common with other developing countries, road safety is a

serious problem in Tanzania. From 1998 to 2002, the number of
road motor vehicle accidents reported in Tanzania grew by 52
percent, according to official statistics. Accidents per 10,000
vehicles registered increased from 342 to 368 over a period
of 1998 to 2002 with a fatality rate increasing from 5 to 6 per
100,000 inhabitants. The results of a study in 1998 show that
most vulnerable road users such as pedestrians and non-motorized
vehicle riders (bicyclists) are involved in over half of all road
fatalities. In detail, pedestrians account for the largest fatality
class (41 percent). Followed by passengers (37 percent) and
bicyclists (14 percent). A practical assumption in this context
is that whilst not all pedestrians are poor, the poor will be
pedestrians”
For the two years that is 1998 and 2002 recorded accidents totalled
12,234 and 18,550, respectively. This continuous escalation of the
accident rate has been increasing yearly and safety studies by both
TANROADS and SUMATRA show this.
The Victoria Institute of Transport in Australia publishes an Online

Encyclopaedia on Transport and in it a general, and most useful, model
of traffic safety framework is presented. I have taken my que from that
model and applied it to the Tanzania situation. The result is a tentative
diagrammatic detail sketched with regard to the safety framework and its
appendixed hereby as Appendix A and Appendix B.
According to the model a Traffic Safety Framework may have two

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components: Engineering Factor and Behavioural Factor. The Engineering

factor has two components: Safer Vehicles; and, Safer Roads. The
Behaviour factor has 3 elements: Mobility Management; More Cautious
Driving; and, Occupant Safety. Each element has several sub- elements to
consider. But clearly the law regulates more the Behaviour factor since
here, as in most developing countries, the suppliers of transport services
are rarely original manufacturers, and infrastructure, i.e. roads, are
supplied by the Government.
Considering each element separately and the studies that presently show the
status of traffic safety several issues loom large.
i. A brief overview of legislative schemes dealing with mobility

management show not less than 8 pieces of legislation.
(i) Highways Act, Cap. 167,
(ii) Town & Country Planning Laws,
(iii) Environmental Protection Acts,
(iv) The Road Traffic Act,
a. Local Government Acts;

(vi) SUMATRA Act,
(vii) Transport licensing Act,
(viii) Motor Vehicle Insurance Act, etc)
Each statutory scheme has a Specific institutional role to play and

probably is under different ministerial jurisdiction. Here mention
must be made to other correlative regulatory frameworks such as
EWURA which regulates energy and fuel, which in turn has serious
impacts on affordability of transportation. The case of Dala Dala
owners strike in Morogoro given as an example by the Regional
Commissioner of Morogoro, who was the guest of honour at the
opening ceremony to this Seminar, is a telling example of this
challenge. The SUMATRA CCC must network through the Maze to
achieve certain general ends, and focus plus understanding of the
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different roles is important.
b. Similarly on the element of ‘More Cautious Driving’ we have about

6 statutory schemes (The Road Traffic Act; local Government Act,
Institute of Transport Act; Cap. 163 Driving Schools Licensing Act;
SUMATRA Act; Transport licensing Act.). The institutions created
there must work in liason with consumer representatives, especially
this Council.
c. For the ‘Occupant Safety’ component we could repeat Traffic Act,
Licensing Act, etc. including the Ministry of Health. The World
Health Organisation (WHO) has taken transport to be a serious
challenge in the realisation of MDGs for most developing countries.
A safety section in the Ministry of Health deals directly with WHO
on this issues. Please visit WHO’s Website.
d. The networking of the SUMATRA CCC must therefore extent to
several institutions:
i. The National Road Safety Council.
ii. The Road Safety Section (TANROADS)
iii. The COET (College of Engineering and Technology of UDSM)
Transport Engineering Section.
iv. SUMATRA
v. Ministry of Lands (Planning) etc.
Learning from the Traffic safety component alone it is easy to see what
advocacy and consultative roles SUMATRA’s CCC must play. There are
many recommendations on what has to be done and reports have been
filed with respective authorities. But without the active push and
advocacy of consumers and their representatives these will just gather
dust in the drawers, maybe not intentionally but through lack of will. The
voters in the market are the consumers they must provide the will which
is lacking.
3. The Statutory mandates of SUMATRA’s CCC (herein the Council)

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The Council is established under Section 29 of the Surface and Marine

Transportation Regulatory Authority (SUMATRA) Cap. 413. The
Composition and function of the Council follows closely similar mandates
given to the National Consumer Advocacy Council (NCAC) established
under Section 92 of the Fair Competition Act, 2003, and those for EWRA
CCC, TCAA CCC, and TCRACC.
The composition of the Council is made up of 7 members all appointed by

the minister for Infrastructure Development.
The Functions and powers of the Council are enumerated under Section
304 of the SUMATRA Act and they include:
(a). To represent the interests of consumers by making

submissions to, providing views and information to
and consulting with the Authority, Minister and sector
Ministers;
(b). To receive and disseminate information and views on
matters of interest to consumers of regulated goods
and services;
(c). To establish regional and sector consumer committees
and consult with them;
(d). To consult with industry, government and other
consumer groups on matters of interests to consumers
of regulated goods and services;
(e). To establish local and sector consumer committees
and consult with them.
The council is supported by a Secretariat and it is allowed to regulate
its own procedure in the performance of its business. The Chairman, in
Consultation with the other Members, establishes the Meeting almanac
and places of meeting. The quorum for the Council to do business is 5
members.
Under Section 31 the Council’s Sources of funds are enumerated it has

reporting requirements that must be submitted to SUMATRA.
To recap the concerns enumerated in the terms of reference all I can

relate is my own experience in the National Consumer Advocacy Council,
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if this would be of any help to add to your deliberations:
The Case of NCAC
The NCAC is established under Section 92 of the Fair Competition Act. It

is styled as an Advocacy Council, but an analysis of the Functions of the
Council tends to be highly advisory rather than those of Advocacy.
The Minister is empowered under Section 92(2) to appoint between 5 and

10 persons who shall be Members of the Council. The Minister has already
done so in September/October 2005. Its Chairman is appointed by the
Minister, and the Deputy Chairman by the Members amongst themselves.
The current term of the Council shall expire in July 2008, i.e next month.
The Actual Composition of the present membership of the NCAC,
constituted by six members, is as follows:
Dr. R.W. Tenga

Mr. Method A. Kashonda
Ms. Rosemary H. Kitilya
Ms. Hawa Ng'humbi
Ms. Shainul Bhanji
Dr. Bernadette K. Ndabikunze
Functions and powers of the Council. [Section 93]
Represent the interests of consumers by making submissions

to, providing views and information to and consulting with the
Commission, regulatory authorities and government ministries;
Receive and disseminate information and views on matters of
interest to consumers;
Establish regional and sector consumer committees and consult
with them;
Consult with industry, government and other consumer groups
on matters of interest to consumers.
The Commission is mandated by statute to provide for Secretarial

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Functions to the Council in its first three years of existence and after that
the Council is required to maintain its own Secretariat. In pursuance of
this mandate the FCC's Directorate of Consumer Affairs has been assigned
to provide secretarial and logistical support to the council. Yet due to
the late initiation of the organizational support, only made it possible
to start implementation of our mandate in April, 2007. It means we
have actually been active for a year only. But so far there has been a
fair and satisfactory progress towards fulfilling our mandate under the
custodianship of the FCC’s directorate for consumer affairs. During
the year the NCAC has managed to start Zonal Consumer Committees
initiatives through the Consumer Awareness Seminars hosted by FCC
in Mwanza, Dodoma, Arusha, and Mbeya next week. The point is to
invite the Civil Society in the Zonal Centre and relate them to Consumer
Advocacy. For NCAC, the rallying point of enthusiasm has been the work
of the Counterfeits Unit of FCC. This has proven to be a very useful
starting point for encouraging NGOs to think of organising themselves
into a Zonal Consumer Councils. Logistics of achieving this and the
funding support is still unclear but the spirit is there and the willingness is
astonishing.
The NCAC in following its mandate worked out an Annual Work Plan with
the Working Mandate “To be the Consumer Advocacy and Advisory Organ,
so as to safeguard their Interests”. The desired outcome of the Work Plan
is to create a ‘An informed and Pro-Active Consumer’. Truly, amongst our
priorities for this ending year is ‘Public Awareness and Education’ whose
major activity is to formulate public awareness/education strategy on
consumer rights and obligations. In this regard four sub-activities were
identified:
To develop terms of reference for consultancy work on strategy

formulation
To Publicise the mandate and functions, objectives and
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activities of NCAC to the public and institutional stakeholders.

In this NCAC shall disseminate Brochures, Leaflets and issue a
Newsletter to the Public.
To construct a NCAC WebSite.
To participate in the forthcoming Saba-Saba International
Trade Fair (2008)
In tandem with the above activities NCAC intended to carry
out a Consumer affairs Stakeholders Survey in order to have a
working profile and in addition participate in the FCC’s process
of designing a clear complaints handling procedure. The
SUMATRA CCC is lucky in this regard as SUMATRA has already a
Complaints Procedure in Draft and may be viewed in SUMATRA’s
Website.
The Annual Plan has been our basis for proposing a Budget. As our
facilitator told us at our retreat last year ‘a budget is nothing else that
putting money into a Plan’. So the lesson is – Plan first and Budget later.
This way the Council has the basis of raising funds and defending its
Budget. We were told though that a Strategic Plan running over several
years is the best option as it gives guidance to the Council over several
years rather than the year to year planning.
This effort was complementary to the efforts already carried out by

the Sectoral Consumer Councils, especially TCRA-CCC, EWURA-CCC and
SUMATRA-CCC. On the basis of this the Consumer Councils have drafted
a Memorandum of Understanding for Inter Consumer Councils Networking
which was passed recently by the Joint Council’s Chairpersons to provide
a framework for working together. . One of the main joint activities
is ‘Consumer Education and Enlightening programmes’. We therefore
believe that a firm and workable framework is already in place on the
basis of which a proper strategy for consumer education can be pursued.
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The Challenge to SUMATRA CCC
Clealy there is no magic formula to the way that SUMATRA CCC may
work out its mandates. It seems that a Planning Cycle is important since
the Council would debate on what it must do and set out its priorities
based on its mission and vision. One would say that the themes of ‘Safe,
Affordable and Clean’ transport could be organising themes for tackling
consumer rights and duties. In doing so the Council should seriously
strategise on how to carry ought public education on its mandate and
prepare a basis for its advocacy. Certain laudable steps have been seen,
for example, consideration of the Dala Dala issue in Dar Es Salaam.
Participation in the formulation of Bus Fare maximum limits by SUMATRA,
and so on. The Council still has a Website within SUMATRA’s website,
a thought of migrating to an independent domain would augur well the
statutory autonomy of the Council.
As anyone can see the Council has competent people of learning

and experience, it is my view that it would be an effective organ for
mobilising and representing surface and marine transport consumers in
Tanzania.
Thank you for your Attention.
……………………………………XXXXX………………………………….
APPENDIX "A"
TRAFFIC SAFETY
1. ENGINEERING 2. BEHAVIOUR
1.1. SAFER VEHICLES SAFER ROADS MOBILITY MORE CAUTIOUS 2.3. OCCUPANT SAFETY
[CAP.167 THE 2.1. MANAGEMENT 2.2. DRIVING
1.1.1. IMPROVED VEHICLE DESIGN 1.2. HIGHWAYS ACT ] USE SEAT BELTS &
2.1.1. LAND USE OBSERVE TRAFFIC RULES 2.3.1. HELMETS
PUBLIC CARRIER'S IMPROVED ROAD [THE ROAD TRAFFIC
VEHICLE STANDARDS 2.1.2. REDUCE TRAFFIC SPEED 2.2.1. ACT CAP. 168 ]
1.2.1. DESIGN
[STANDARDS ACT - 2.3.2.
2.1.3. MODE SHIFT 2.2.2. BETTER TRAINING
TBS - SUMATRA 1.2.2. CLASSIFICATION OF ROADS
TECHNICAL SAFETY
TANZANIA NATIONAL 2.2.3. NOT DISTRACTED
1.1.2. REGULATIONS]
ROADS AGENCY -
FUELLING MOTORIZED TANROADS: TRUNK
1.1.3. TRANSPORT 1.2.3. ROADS 2.1.4.
2.1.5. INSURANCE SCHEMES
1.2.4. 2.1.6.
2.1.6.1.
2.1.6.1.1
2.1.6.1.2
2.1.6.1.3
2.1.6.1.4
2.1.6.1.5
2.1.6.2.
2.1.6.3.
TRAFFIC SAFETY.mmap - 6/4/2008 - Dr. R.W. Tenga

APPENDIX "B"
TRAFFIC SAFETY
1. ENGINEERING 2. BEHAVIOUR
1.1. SAFER VEHICLES SAFER ROADS MOBILITY MORE CAUTIOUS 2.3. OCCUPANT SAFETY
[CAP.167 THE 2.1. MANAGEMENT 2.2. DRIVING
1.1.1. IMPROVED VEHICLE DESIGN 1.2. HIGHWAYS ACT ] USE SEAT BELTS &
2.1.1. LAND USE OBSERVE TRAFFIC RULES 2.3.1. HELMETS
IMPROVED VEHICLE IMPROVED ROAD [THE ROAD TRAFFIC
1.1.1.1. CONTROL 2.1.1.1. 2.2.1. ACT CAP. 168 ]
1.2.1. DESIGN
2.3.2.
IMPROVED 1.2.1.1. CRASH PROTECTION
1.1.1.1.1 MAINTENANCE 2.1.1.2. 2.2.1.1.
1.2.2. CLASSIFICATION OF ROADS
1.1.1.1.2 ANTI-LOCK BRAKES 2.1.1.3. 2.2.1.1.1
2.3.2.1.
1.1.1.1.3 REFLECTIVE TAGS 1.2.2.1. TRUNK ROADS 2.2.1.1.2 DRIVER/CREW LICENSING
2.1.2. REDUCE TRAFFIC SPEED
1.2.2.2. REGIONAL ROADS 2.2.1.1.3 VEHICLE INSPECTIONS
PUBLIC CARRIER'S
VEHICLE STANDARDS 1.2.2.3. DISTRICT ROADS 2.2.1.2. SOBRIETY
2.1.2.1. IMPROVED TRAFFIC LAW
[STANDARDS ACT - 1.2.2.4. FEEDER ROADS
TBS - SUMATRA 2.2.1.3. ENFORCEMENT
1.2.2.5. URBAN ROADS
2.1.2.2.
TECHNICAL SAFETY
TANZANIA NATIONAL 2.2.1.4.
1.1.2. REGULATIONS] ROADS AGENCY -
2.1.3. MODE SHIFT
FUELLING MOTORIZED TANROADS: TRUNK 2.2.2. BETTER TRAINING
2.1.3.1. PUBLIC TRANSPORT
1.1.3. TRANSPORT 1.2.3. ROADS
2.1.3.2. PRIVATE CARS
1.1.3.1. HYDROCARBONS FUEL 1.2.3.1. ROADS FUND NON MOTORISED
2.1.3.3. TRANSPORT
1.1.3.2. ALTERNATIVE ENERGY
1.1.3.3. EWURA 2.2.2.1.
1.2.4.
2.1.4.
2.1.4.1.
2.2.2.2.
2.1.4.2.
2.2.2.3.
2.1.4.2.1 2.2.3. NOT DISTRACTED
DRIVERS AVOIDING USE

OF MOBILE PHONES OR
OTHER ELECTRONIC
2.2.3.1. EQUIPMENTS
2.1.4.3.
2.1.4.4.
2.1.4.4.1
2.1.4.4.2
2.1.5. INSURANCE SCHEMES
CAP. 169 MOTOR

VEHICLES INSURANCE
2.1.5.1. ACT
THIRD PARTY INSURANCE

COVERAGE [SS. 4, 5, &
2.1.5.1.1 16 CAP 169]
2.1.6.
2.1.6.1.
2.1.6.1.1
2.1.6.1.2
2.1.6.1.3
2.1.6.1.4
2.1.6.1.5
2.1.6.2.
2.1.6.3.
TRAFFIC SAFETY.mmap - 6/4/2008 - Dr. R.W. Tenga

Tenga, R.W. 'Consumer Protection Framework For Surface &amp Marine Transport in Tanzania - SUMATRA' June, 2008

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Tenga, R.W. 'Consumer Protection Framework For Surface &amp Marine Transport in Tanzania - SUMATRA' June, 2008

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Page 16 of 16

Consumer Protection Framework for Surface Transport Services in Tanzania

Dr. R. Willy Tenga. (Chairperson,

Seminar for SUMATRA CCC MEMBER’S CAPACITY BUILDING ON

HELD AT HILUX HOTEL, MOROGORO

Consumer Protection Framework for

Surface and Marine Transport Services

in Tanzania: The Case of SUMATRA-CCC.

i.The rights and responsibilities of consumers of surface

ii. The Responsibility of the SUMATRA CCC in formulation of the

iii. The Council’s responsibility in strengthening the

iv. The Relevancy of the Council to Consumers of surface

strengthening surface transport consumer networks in the

It is important here to note that transport services play the role of

2. The Rights and Duties of Consumers of Surface Transport Services

To comprehend properly the rights and duties of the consumers of

framework is a fertile source of generating a fair overview of such rights

The freedom of movement, for example, is guaranteed by Article 17

which is guaranteed by the constitution. Without mobility many rights

On the question of duties it is the passenger, the transport consumer, who

To have a complete perception of the overview for defence of consumer

This compliance framework involves the creation of a statutory

expected to enforce them. The Regulators have the power to intervene,

What are the Central Concerns of Transport Consumers?

is how to eliminate high pollution from vehicular traffic. Transport also

It is imperative that we as Consumer. Should say environment protection

Traffic Safety: The Case of Tanzania

For purposes of reflection on the advocacy role of SUMATRA CCC let

“In common with other developing countries, road safety is a

The Victoria Institute of Transport in Australia publishes an Online

According to the model a Traffic Safety Framework may have two

components: Engineering Factor and Behavioural Factor. The Engineering

i. A brief overview of legislative schemes dealing with mobility

(ii) Town & Country Planning Laws,

(iii) Environmental Protection Acts,

(iv) The Road Traffic Act,

a. Local Government Acts;

(vii) Transport licensing Act,

(viii) Motor Vehicle Insurance Act, etc)

Each statutory scheme has a Specific institutional role to play and

different roles is important.

b. Similarly on the element of ‘More Cautious Driving’ we have about

3. The Statutory mandates of SUMATRA’s CCC (herein the Council)

The Council is established under Section 29 of the Surface and Marine

The composition of the Council is made up of 7 members all appointed by

(a). To represent the interests of consumers by making

Under Section 31 the Council’s Sources of funds are enumerated it has

To recap the concerns enumerated in the terms of reference all I can

if this would be of any help to add to your deliberations:

The Case of NCAC

The NCAC is established under Section 92 of the Fair Competition Act. It

The Minister is empowered under Section 92(2) to appoint between 5 and

Dr. R.W. Tenga

Functions and powers of the Council. [Section 93]

Represent the interests of consumers by making submissions

The Commission is mandated by statute to provide for Secretarial

To develop terms of reference for consultancy work on strategy

activities of NCAC to the public and institutional stakeholders.

This effort was complementary to the efforts already carried out by

The Challenge to SUMATRA CCC

As anyone can see the Council has competent people of learning

Thank you for your Attention.

2.1.5. INSURANCE SCHEMES