STATUTORY INSTRUMENTS

SUPPLEMENT No. 17                                                                                      8th June, 2012

STATUTORY INSTRUMENTS SUPPLEMENT

to The Uganda Gazette No. 31 Volume CV dated 8th June, 2012 Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS

2012 No. 40.

THE TRAFFIC AND ROAD SAFETY (DRIVING TESTS AND SPECIAL PROVISIONS FOR DRIVERS OF PUBLIC SERVICE VEHICLES AND GOODS VEHICLES) REGULATIONS, 2012.

ARRANGEMENT OF REGULATIONS

Regulation.

Part I—Preliminary.

1. Title.
2. Interpretation.

Part II—Driving Test.

3. Driving test.
4. Requirements for undergoing a driving test.
5. Application for a driving test.
6. Theory driving test.
7. Practical driving test.
8. Test vehicle.
9. Driving test fees.
10. Certificate of competence.
11. Driving test for a person with a special need.
12. Driving test for extension of class in a driving permit.
13. Tests and examinations for driving instructors.
14. Certificate of proficiency to instruct learner drivers.
15. Monitoring and control of driving tests.

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Regulation.

Part III—Special Provisions for Drivers of Public Service Vehicles and Goods Vehicles.

16. Driver’s badge and certificate of compliance for a driver of a public service vehicle.
17. Vetting of a driver of a public service vehicle or goods vehicle.
18. Refresher driving course for a driver of a public service vehicle or goods vehicle.
19. Regulation of an existing driver of a public service vehicle or goods vehicle.
20. Regulation of a driver of a public service vehicle with a foreign driving permit.
21. Medical examination of a driver of a public service vehicle.

SCHEDULES FIRST SCHEDULE—Currency Point.

second schedule

Form I—Application Form For A Driving Test.

Form II—Medical Examination Form.

Form III—Certificate of Competence to Drive A Motor Vehicle.

Form IV—Certificate of Proficiency to give Driving Instructions.

Form V—Application Form For A Public Service Vehicle Driver’s Badge.

Form VI—Public Service Vehicle Driver’s Badge.

Form VII—Certificate of Compliance.

THIRD SCHEDULE—Fees Payable.

FOURTH SCHEDULE—Groups Of Motor Vehicles.

FIFTH SCHEDULE—Age Limit Of A Public Service Vehicle Driver.

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STATUTORY INSTRUMENTS 2012 No. 40.

The Traffic and Road Safety (Driving Tests and Special Provisions for Drivers of Public Service Vehicles and Goods Vehicles) Regulations, 2012.

(Made under sections 41, 45, 59, 91 and 178) of the Traffic and Road Safety

Act, 1998, Cap. 361)

In exercise of the powers conferred upon the Minister responsible for transport by section 178 of the Traffic and Road Safety Act, 1998, these Regulations are made this 25th day of May, 2012.

Part I—Preliminary.

1. Title.

These Regulations may be cited as the Traffic and Road Safety (Driving Tests and Special Provisions for Drivers of Public Service Vehicles and Goods Vehicles) Regulations, 2012.

2. Interpretation.

In these Regulations, unless the context otherwise requires—

“Act” refers to the Traffic and Road Safety Act, 1998, Cap. 361;

“Board” means the Transport Licensing Board;

“currency point” means the value specified in relation to a currency point in the First Schedule;

“driver’s badge” means a badge issued by the Secretary to the Board to any person who wishes to drive a public service vehicle or a goods vehicle;

“examining officer” means a person appointed as an examining officer under section 4 (1) (c) of the Act;

“learner driver” means a person undergoing training to drive a motor vehicle, trailer or engineering plant under the supervision of a licensed driving instructor;

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“motor vehicle” means any self-propelled vehicle intended or adapted for use on the roads;

“public service vehicle” means a motor vehicle licensed to carry passengers for hire or reward, and includes a motorcycle.

Part II—Driving Tests

3. Driving test.

1. A learner driver who wishes to apply for a driving permit shall undergo a driving test where he or she shall be examined in the operation of a motor vehicle, trailer or engineering plant for which the person is trained to operate.
2. A driving test shall be conducted in accordance with—

1. section 41 of the Act;
2. these Regulations;
3. the Uganda driver examiner manual; and
4. any other guidelines that may be issued by the director of transport.

3. A driving test shall be conducted in the following stages—

1. the first stage shall be a theory driving test; and
2. the second stage shall be a practical driving test.

4. A learner driver shall only undergo a driving test where the person fulfills the requirements in regulation 4.

4. Requirements for undergoing a driving test.

1. A learner driver shall undergo a driving test if the person—

1. has a valid certificate of completion of a driver training course for the group of motor vehicle he or she wishes to be tested for, issued by a driving school licensed under the Act and the Traffic and Road Safety (Driving Schools and Driving Instructors) Regulations, 2010;

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2. is at least eighteen years of age;
3. satisfies the requirements of regulation 12, where he or she requests for extension of a driving permit class;
4. presents a medical examination form prescribed in the Second Schedule completed by a registered medical practitioner; and
5. fulfils other relevant provisions of these Regulations and any other requirements that may be prescribed by the Director of transport.

2. A person who uses false information to qualify for a driving test, commits an offence and is liable on conviction to a fine not exceeding twenty currency points or imprisonment not exceeding ten months or both.
3. In addition to the penalty in sub regulation (2) court shall, where a driving permit has been issued to such a person, declare the permit cancelled.

5. Application for a driving test.

A learner driver who wishes to undergo a driving test shall apply to the licensing officer using Form I prescribed in the Second Schedule.

6. Theory driving test.

1. The theory driving test shall be—

1. oral;
2. written; or
3. both oral and written.

2. The theory driving test questions shall be multiple choice questions, randomly selected by the examining officer from the national driver theory test question bank.
3. The theory driving test questions shall be kept in electronic form and shall, on a regular basis be updated by the director of transport to take into account any change in technology and new road safety measures that may emerge.

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4. The number of questions that may be asked at a single sitting of a theory driving test shall not be less than twenty questions and not more than fifty questions.
5. A theory driving test shall not exceed thirty minutes except in a case of a person with a special need, where the examining officer may extend the test duration, and in any case shall not exceed forty minutes.
6. A learner driver shall be deemed to have passed the theory driving test where the person scores a total of seventy five percent or more.
7. A learner driver who fails the theory driving test shall, in accordance with sub regulation 8 be re-tested.
8. A person who fails a theory driving test on two consecutive attempts shall re-enroll for theory driving lessons, reapply for a theory driving test, and shall produce a certificate of completion of training for theory driving lessons before being re-tested.
9. A learner driver shall not undergo a practical driving test except where the person passes the theory driving test.

7. Practical driving test.

1. A person who passes a theory driving test shall be tested on practical aspects of operating a motor vehicle, trailer or engineering plant for which he or she has trained to drive.
2. The practical driving test shall be carried out in a secure open ground and in traffic on a public road.
3. The scoring system and the pass mark for a practical driving test shall be as prescribed in the Uganda driver examiner manual.
4. The duration of a practical driving test shall be as prescribed in the Uganda driver examiner manual.
5. A person who fails a practical driving test shall—

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1. re-enroll in a licensed driving school for practical driving lessons;
2. re-apply for a practical driving test; and
3. produce a certificate of completion of training for practical driving lessons before being re- tested.

8. Test vehicle.

1. A learner driver shall for the purpose of undertaking a practical driving test, make available to the examining officer, a motor vehicle in the group of motor vehicles for which the person seeks to acquire a driving permit.
2. The motor vehicle provided by the learner driver shall be roadworthy and the examining officer may inspect it to confirm that it is roadworthy before using it to test the learner driver.

9. Driving test fees.

The fees for theory and practical driving tests shall be as prescribed in the Third Schedule.

10. Certificate of competence.

1. A learner driver who passes the theory and practical driving tests shall be issued with a certificate of competence, prescribed in Form III in the Second Schedule.
2. The certificate of competence shall indicate the group of motor vehicles the learner driver is competent to drive.
3. The certificate of competence shall bear the name of the driving school where the learner driver was trained.
4. The examining officer shall complete a certificate of competence in triplicate, issue the original copy to the leaner driver, the duplicate copy to the director of transport and retain the triplicate copy.

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11. Driving test for a person with special needs.

1. Where a learner driver is a person with a special need, the examining officer shall provide an alternative testing or examination method.
2. The alternative testing or examination method in sub regulation (1) shall be in conformity with the guidelines prescribed in the Uganda driver examiner manual.
3. A person with a special need shall for the purpose of undertaking a practical driving test, provide a test vehicle adapted to suit the special need.

12. Driving test for extension of class in a driving permit.

1. A person who wishes to extend his or her driving permit to cover an additional group of motor vehicle shall meet the following requirements—

1. undergo training and be tested in respect of a group of motor vehicles for which he or she seeks to extend the driving permit;
2. for an extension from group B motor vehicles to group DL motor vehicles, the driver shall have held a driving permit for group B motor vehicles for a period of not less than five years, and shall be at least twenty five years of age;
3. for an extension from group B motor vehicles to group CM motor vehicles, the driver shall have held a driving permit for group B motor vehicles for a period of not less than three years, and shall be at least twenty five years of age;
4. for an extension from group CM motor vehicles to group CH motor vehicles, the driver shall have held a driving permit for group CM motor vehicles for a period of not less than three years, and shall be at least thirty years of age;
5. for an extension from group DL motor vehicles to group DM motor vehicles, the driver shall have held a driving permit for group DL motor vehicles for a period of not less than three

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years and shall be at least thirty years of age; or

6. for an extension from group DM motor vehicles to group DH motor vehicles, the driver shall have held a driving permit for group DM motor vehicles for a period of not less than three years, and shall be at least thirty five years of age.

13. Tests and examinations for driving instructors.

1. A person who wishes to be licensed as a driving instructor shall be examined and tested to ascertain his or her ability to instruct other persons to operate a motor vehicle, trailer or engineering plant.
2. A person who wishes to be licensed as a driving instructor shall undertake a test and examination in theory, practical, or both.
3. The scope of the test and examination referred to in sub regulation (2) may cover, but shall not be limited to—

1. ascertaining the competence of the person in regard to driving the group of motor vehicles he or she seeks to instruct learner drivers to operate;
2. the person’s knowledge of the road traffic laws, rules, regulations, and the highway code;
3. the person’s ability to—

1. write, read and communicate effectively in the English language or in any language prescribed by the director of transport as suitable for communicating instructions for learner drivers;
2. plan and execute driving lessons in accordance with the established training standards;
3. identify and correct the learner driver’s errors;
4. anticipate hazards on the road;

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5. use safety equipment in the vehicle;
6. identify simple mechanical or electrical faults on the vehicle and to take prompt remedial actions including teaching the learner driver of the same; and
7. establish good inter-personal relationship with the learner driver.

4. A person who undergoes a driving instructor’s test and examination shall pay a fee prescribed in the Third Schedule.

14. Certificate of proficiency to instruct learner drivers.

1. A person who passes the driving instructor’s test and examination, shall be issued with a certificate of proficiency as prescribed in Form IV in the Second Schedule.
2. The examining officer shall—

1. complete the certificate of proficiency in triplicate;
2. issue the original copy to the licensing officer;
3. issue the duplicate copy to the driver; and
4. retain the triplicate copy.

15. Monitoring and control of driving tests.

1. The Director of transport shall monitor the manner in which driving tests are conducted, to ensure adherence to the established standards.
2. The examining officer shall every month, submit to the director of transport, a list of the learner drivers who have undergone driving tests, indicating whether they passed or failed the test.

Part III—Special Provisions for Drivers of Public Service Vehicles and Goods Vehicles

16. Driver’s badge and certificate of compliance for a driver of a public service vehicle.

1. A person who wishes to drive a public service vehicle shall apply to the secretary to the board using Form V prescribed in the Second Schedule for a public service vehicle driver’s badge and a

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certificate of compliance.

2. The Secretary to the Board shall issue a public service vehicle driver’s badge to a person who complies with the requirements of regulations 17 and 18.
3. The driver shall observe and adhere to the conditions prescribed on the badge at all times when he or she is in control of a public service vehicle.
4. The Board may, with or without prior notice, withdraw or revoke a badge and a certificate of compliance where the driver violates any of the conditions upon which the badge is issued.
5. The Secretary to the Board shall keep a record of all public service vehicle drivers who are issued with public service vehicle driver’s badges.
6. A certified driver of a public service vehicle shall at all times, when he or she is in control of the public service vehicle he or she is licensed to drive, conspicuously display—

1. on his or her person the original valid driver’s badge; and
2. in the vehicle, a certified full colour photograph measuring not less than nine by twelve inches.

7. A driver of a public service vehicle who loses or misplaces the driver’s badge shall within seven working days—

1. report to the nearest police station;
2. put a notice in at least one of the widely circulating newspapers; and
3. make an application to the Secretary to the Board for a duplicate driver’s badge, attaching a copy of the police report and the notice.

8. The Secretary to the Board shall issue a duplicate driver’s badge where he or she is satisfied that the driver has complied with the

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requirements of sub regulation (7).

9. A duplicate driver’s badge shall have the same effect as an original driver’s badge.
10. A driver of a public service vehicle shall upon request by a police officer, produce an original valid driver’s badge and an original certificate of compliance.
11. The public service vehicle driver’s badge and the certificate of compliance shall be in the form prescribed in Forms VI and VII in the Third Schedule.
12. The certificate of compliance shall be renewed every twelve months.
13. A person who contravenes any of the provisions of this regulation commits an offence and is liable on conviction to a fine of not less than ten currency points or imprisonment not exceeding six months or both.

17. Vetting of drivers of public service vehicles or goods vehicles.

A person shall prior to driving a public service vehicle or goods vehicle be vetted by the Board and the police to—

1. confirm that the person has attained the age which qualifies him or her to drive a given group of motor vehicles as prescribed in the Fifth Schedule;
2. confirm that the person undertook an appropriate refresher driving course required in regulation 18;
3. verify the driving record of the person;
4. establish the mental and physical state of the person; and

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5. investigate the criminal and behavioral record of the person.

18. Refresher driving course for a driver of public service vehicle or goods vehicle.

1. A person who wishes to drive a public service vehicle or a goods vehicle with a net load carrying capacity of more than three and half tonnages shall, in addition to fulfilling the requirements of these Regulations and the Act, undertake an appropriate refresher driving course.
2. The refresher course referred to in sub regulation (1), shall be undertaken at least once a year from a driving school or a driver training institution licensed to carry out such training.

19. Regulation of an existing driver of a public service vehicle or goods vehicle.

1. A person who is licensed to drive a public service vehicle or goods vehicle before the coming into force of these Regulations shall comply with the provisions of these Regulations.
2. The driving permit of a person who, before the coming into force of these Regulations, is licensed to drive—

1. a public service vehicle shall be renewed, where the driver possesses a valid driver’s badge issued in accordance with these Regulations; or
2. a goods vehicle of more than three and half tonnages shall be renewed where the driver presents to the licensing officer a certified copy of a certificate of completion of a relevant refresher driving course provided for under Regulation 18.

3. For the purposes of sub regulation 2(b), the Secretary to the Board shall certify the certificate of completion of training in a refresher driving course by stamping and signing the certificate.

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20. Regulation of a driver of a public service vehicle with a foreign

driving permit.

1. A holder of a foreign driving permit for public service vehicle shall be tested to ascertain the person’s competence to drive a given group of public service vehicles before he or she is certified by the board as a public service vehicle driver.
2. The driver competence test in sub regulation (1) shall be conducted in accordance with the provisions of these Regulations except that the person shall be exempted from presenting a certificate of completion of a driver training course.

21. Medical examination of a driver of a public service vehicle.

1. A person certified as a driver of a public service vehicle shall undergo a medical examination every year to confirm that he or she is still medically fit to drive a public service vehicle.
2. For purposes of sub regulation (1), the medical examinations shall be carried out by a registered medical practitioner.
3. The Secretary to the Board shall revoke the driver’s badge of a person who fails to comply with the provisions of this regulation.
4. Subject to sub regulation (3), the Secretary to the Board may re­instate the badge if the circumstances that caused its revocation are addressed.

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SCHEDULES

FIRST SCHEDULE

Regulation 4(2), 16(13)

CURRENCY POINT.

A currency point is equivalent to twenty thousand shillings.

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SECOND SCHEDULE

 

	FORM I - APPLICATION KORiMFOR A DRIVIN
		THE REPUBLIC OF UGANDA

 

 

 

The Traffic and Road Safety Act, 1998, Cap. 361.

application for a driving test

(To be completed by the instructor)

Station of application.................................. Date...................................

A. Details of the learner driver to be tested.

1. Name:...............................................................................................
2. Gender: Male Q                                      Female O
3. Date of birth:..................................................................................
4. Address:.........................................................................................
5. Contact telephone: ............................... e-mail:................................
6. Give details of candidate's learner driving permit (In case of driving permit extension, use details of the current driving permit)

1. Permit Number:.....................................................................
2. Date of issue (most recent group):                                           

Date of expiry:                                                                       

7. Indicate group(s) of motor vehicle(s) the learner driver wishes to be

tested to drive:                                                                   (In case of

driving permit extension, indicate group(s) of motor vehicle(s) currently licensed to drive:      )

8. Indicate whether the learner driver is undertaking the driving test for the group(s) of motor vehicle(s) you have indicated in (vii) above for the

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DRIVING TEST		New applicant	FOR APPLICANTS REPEATING A DRIVING TEST
			Number of previous test attempts	Date of most previous test attempt
Theory
Practical

first time or he/she is repeating the same test(s).

 

(Tick in the appropriate cell)

Particulars of driving school where the learner driver enrolled for driving lessons.

Particulars of driving school:

 

Name of school: ..................

Licence number:...................

Postal Address: ....................

Physical address:..................

E-mail address: ....................

Contact Telephone Number(s):.

DRIVING SCHOOL STAMP

& Signatureofproprietoror major shareholder in case ofa partnership business

 

Particulars of Test Vehicle (To be provided by the learner driver/instructor).

1. Make of vehicle:                    Body Description:                    
2. Registration

Number:

3. Transmission (indicate by ticking): Manual O Automatic O Semi Automatic O Electrical O
4. Adaptation of special use: Yes O No O
5. If yes, give specific details of adaptation:                               

D. Declarations.

1. Driving Instructor(s)

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I/we declare to the best of my/our knowledge and belief that the learner driver was trained by me/us and in accordance with the established driver training standards.

Signature(s) and name(s) of instructor(s)         License No.

1. )................................................ ( ) Date.....................................
2. )............................................... ( ) Date....................................

2. Learner driver

I declare to the best of my knowledge and belief that the information provided by me in this application form is correct, and that I also understand it is an offence to use wrong information for the purpose of undergoing the driving test.

Signature: .......................................                   Date: ...............................

***Also attach candidate's certificate of completion of training issued by the driving school

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FORM II—MEDICAL EXAMINATION FORM (TO BE COMPLETED BY A REGISTERED MEDICAL PRACTITIONER).

1. PARTICULARS OF THE APPLICANT.

Name: .............................................................................................

Age: ................................................................................................

Address:...........................................................................................

2. EYE EXAMINATION.

Visual acuity: ..................................................................................

Funduscopy: ...................................................................................

Colour vision: .................................................................................

Visual fields: ...................................................................................

3. HEARING LEVEL.

Ascertain the level of hearing in the applicant's better ear, averaged at the frequencies of 500, 1000 and 2000 Hertz. Specify level of hearing in decibel where possible.

4. GENERAL MEDICAL FITNESS.

Mental condition: ........................

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General Recommendations:

Practitioner's name: .......................

Name of Hospital/Clinic: ..............

Physical address (of hospital/Clinic): Signature/Stamp/date:   

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serial no.

THE REPUBLIC OF UGANDA

 

CERTIFICATE OF COMPETENCE TO DRIVE MOTOR VEHICLES

Under the Traffic and Road Safety Act, CAP. 361

(To be completed in triplicate)

This is to certify that Mr/Mrs/Ms............................................................

of P. O. Box...........................................................................................

Trained by **.........................................................................................

Has been tested and found competent to drive motor vehicles of group

 

⁾

 

With the following restrictions

I I None | Automatic | Electrical | Physical disability

(Tick appropriate box)

Date of test

In case of permit extension, driving permit number Existing group(s) of motor vehicles       

Test fee receipt number Tested by

1.  

(Theory test) 2-   

(Practical test)

Signature of Testee

** Insert Name of Driving School

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FORM III - CERTIFICATE OF COMPETENCE

SERIAL NO.

THE REPUBLIC OF UGANDA

CERTIFICATE OF PROFICIENCY TO GIVE DRIVING INSTRUCTIONS

(Under the Traffic and Road Safety (Driving Tests and Special Provisions for Drivers of Public Service Vehicles and Goods Vehicles) Regulations,

2012)

(To be completed in triplicate)

I/we hereby certify that Mr/Mrs/Ms.......................................................

of...................................................................................................... was

tested or examined on his or her ability to give driving instructions to learner drivers, and that he or she passed the test or examination.

He/she is competent to give driving instructions to persons wishing to learn to drive motor vehicles of group(s)       

Date of test............................................. at..........................

In case of extension, current instructor's licence number.......

Existing group(s) of motor vehicle(s) authorized to instruct...

Test fee receipt number.........................................................

Examined by                                                    Signature/Date

1- ..............................................  ..........................................

1. ...........................................             

Signature of Candidate ........................................ Date ........

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THE REPUBLIC OF UGANDA

TRAFFIC AND ROAD SAFETY ACT, 1998, CAP. 361 (SECTION 45)

application FOR a public servicle VEHICLE (PSV) driver's badge

I............................................................................ holder of driving permit

number......................................................................................................

Hereby apply for a public service vehicle driver's badge for the motor vehicle group(s)       

Signature of applicant................... Date

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FORM VI - PUBLIC SERVICE VEHICLE DRIVER'S BADGE FRONT VIEW OF THE BADGE    BACK VIEW (CONDITIONS)

I................................................................. holder

of this PSV Driver's Badge hereby agree to abide by the following condition(s), and that failure to do so may lead to withdrawal or revocation of the badge from me by the Transport Licensing Board -

1. I shall observe, at all times while driving any PSV on the road, all traffic laws, rules and regulations.
2. I also understand that the badge shall remain a property of the Transport Licensing Board, and that it may be withdrawn from me, for such a period as the Board may deem appropriate, if in the opinion of the Board I have violated the above condition and/or any such other condtion(s) which the Board may prescribe from time to time.

Signature

CERTIFICATE NO.

THE REPUBLIC OF UGANDA

 

CERTIFICATE OF COMPLIANCE (PSV DRIVER)

(Under the Traffic and Road Safety Act, 1998, CAP. 361) (SECTION 45)

This is to certify that Mr/Mrs/Ms............................................................

has complied with the special provisions for drivers of public service vehicles and is hereby declared competent to drive public service motor vehicles of

group(s)..................................................................................................

Signature of Issuing officer....................................................................

Date of issue .................................. Date of expiry.............

FORM VII - CERTIFICATE OF COMPLIANCE

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Details		Amount (Shs)	Remarks
Driving test fee for learner drivers	Theory test	10,000
	Practical test	15, 000
Driving re-test fee	Theory test	10,000	Payable by a learner driver intending to repeat a driving test
	Practical test	15, 000
Examination/test fees for driving instructors	First test	50,000
	Repeating test	25,000	Payable by a learner instructor intending to repeat a test

 

fees payable

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FOURTH SCHEDULE

groups of motor vehicles

Group 'A' motor vehicles ------------  Motorcycles

Group 'B' motor vehicles ------------  Motorcars and dual purpose motor vehicles (up

to 3.5 tons)

Group 'CM' motor vehicles ----------  Medium goods motor vehicles (Above 3.5 -

22.5 tons)

Group 'CH' motor vehicles ----------  Heavy goods vehicles (Above 22.5 tons)

Group 'DL' motor vehicles ----------  Light omnibuses (Up to 20 passengers)

Group 'DM' motor vehicles k--------- Medium omnibuses (Above 20 to 60 passengers)

Group 'DH' motor vehicles ----------  Heavy omnibuses (Above 60 passengers)

Group 'E' motor vehicles ------------  Combination of vehicles

Group 'F' motor vehicles -------------  Pedestrian-controlled vehicles

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