INTRODUCTION
The Tanzania Land Transport Regulatory Authority (Complaint Handling Procedures) Rules, 2024 (Government Notice No. 16 of 2024) have been issued by the Minister for Transport on 12 January 2024 via Government Notice No. 16. These Rules revoke the SUMATRA (Complaints and Review Procedures) Rules, 2008. The Rules apply to complaints involving a service provider and a service consumer on regulated services submitted to Land Transport Regulatory Authority (LATRA) for determination. They seek to protect service consumers as well as ensuring compliance of regulatory standards and requirements by the service providers.
KEY TAKEAWAYS FROM THE RULES DUTIES OF REGULATED SUPPLIERS
The Rules makes it mandatory for all regulated suppliers to ensure that the regulated services or goods provided are safe, reliable, and efficient to consumers and that there are no false or misleading representation with respect to the price and standards.
The Rules requires regulated suppliers to ensure plans and system are operated in a manner that provide the consumers with satisfactory standards of services as set forth in the license and other document supplemental to such license; language used to consumers is polite; internal consumer complaint procedures are established, published, and submitted to the LATRA for approval; and the consumer complaints are addressed in compliance with the specified procedure.
Duties of Consumers
The Rules require consumers to properly pay and use services offered; timely report a complaint to the supplier on loss, delay, or dissatisfaction of services; ensure possession of relevant documents/evidence to support the complaints; and use polite language to the regulated suppliers.
Establishment of Compliance Handling Committee
The Rules establish a Complaints Handling Committee which is responsible for handling complaints involving service providers and consumers on regulated goods and services.
Functions of the Compliance Handling Committee
The functions of the Committee as provided by the Rules are to receive unresolved complaints from the department submitted to it through the Director General; evaluate a complaint and satisfy itself if the complainant has an interest in the matter; conduct an inquiry to establish whether the complaint is not frivolous or vexatious; summon the parties for hearing; and prepare recommendations for the Board of Directors of the Authority’s order.
Requirement to Submit Complaint to the Regulated Suppliers
A person who is dissatisfied by an act or omission by the regulated supplier is obligated under the Rules to refer his complaint to the regulated supplier within 7 days from the date of such dissatisfaction. The regulated supplier is under the obligation to determine a complaint so lodged within 21 days of receipt of that complaint. Incase of rejection the regulated supplier must state reasons
Submission of Complaint to LATRA (the Authority)
The Rules also has established an avenue in an event where a complainant is not satisfied by the decision or response from the regulated suppliers. The complainant may submit the complaint to LATRA (the Authority) within 14 days in a specified Form as provided for under the Second Schedule to the Rules.
However, the Rules provide that LATRA (the authority) may for good cause, extend the time prescribed for making reference of a complaint.
Procedures for Handling Complaint by LATRA (the Authority)
Upon submission of the Complaint and if the respective department is satisfied that the Complaint is properly lodged the Rules require the parties to be summoned (by way of summons) in order to facilitate resolution of the complaint amicably within the given 14 days.
The complainant should be referred to the Director General of LATRA who will thereafter refer the same to the Complaint Handling Committee (the Committee) upon failure of the respective department to handle the complainant.
Notice of Hearing
The Complaint Handling Committee is obligated to issue a 7 day notice to the parties to appear before it for a hearing.
Non-appearance of Parties
The Rules delineate further that, where a party fails to appear before the Committee on the date fixed for hearing on three times consecutively, without a good cause, the Authority may, in the case of the complainant, the complaint shall be dismissed; in the case of respondent, the complaint shall be heard on sided (ex-parte).
The Authority may, if is satisfied that failure to appear on the day of the hearing was due to good cause may, re- admit a complaint; or consider hearing both parties on merit.
Hearing of Complaint
After hearing, the Committee will submit recommendations within 21 days to the Board for determination. Upon hearing the parties, the Committee will, within 21 days, submit recommendations to the Board of Directors of LATRA for determination.
Withdrawal of Complaint Also, the Rules provide that, the complainant may make an application in writing for withdrawal of the complaint to the Authority at any time before the Authority makes a decision.
The Authority shall, upon receipt of the application for withdrawal, withdraw such complaint and inform the parties accordingly.
Appeal to Fair Competition Tribunal
The Rules require that, if a party is aggrieved by the decision of the Board of Directors (the Board), he or she may resort to appeal to the Fair Competition Tribunal (FCT).
Complaints not to be Dealt with
Further, it should be noted that LATRA (the Authority) shall not deal with a complaint where a complaint is lodged and resolved amicably to the complainant’s satisfaction as agreed by both parties.
Also, the Authority shall not deal with a complaint that has previous been lodged by the same complainant and resolved in accordance with the Rules.
Further, the Authority shall not deal with the complaint or part of it is pending before any court, tribunal, arbitrator, judicial or quasi-judicial body or it was previously determined by any court, tribunal, arbitrator, judicial or quasijudicial body; or a complaint is not submitted in accordance with the Rules.
