Thursday, March 4, 2021

Driver’s Qualification Certification License Proclamation No .600/2008

 

PROCLAMATION NO. 600/2008.

 

A PROCLAMATION TO PROVIDE FOR DRIVER’S QUALIFICATION CERTIFICATION LICENSE

 WHEREAS, the prevailing occurrence of traffic accident against humanity and property mainly arises due to the deficiency of issuance of driving license procedure and it is necessary to thwart the existing situation to attain in having qualified drivers;

 WHEREAS, it has been found necessary to create a uniform, standard and effective system for the issuance of qualification certification of driving license at national level:

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia it is hereby proclaimed as follows:

 

PART ONE
GENERAL

1.   Short Title

     In this Proclamation may be cited as the “Driver’s Qualification Certification License Proclamation No .600/2008”.

2.   Definitions

In this Proclamation unless the context otherwise requires:

1/   “Ministry” means the Ministry of Transport and Communications;

2/    “Authority” means the Transport Authority;

3/ “driver’s qualification certification license” means a permit issued in accordance with this Proclamation to drive a motor vehicle;

4/   “foreign license” means a motor vehicle driving license issued by any foreign government recognized by the Federal Democratic Republic of Ethiopia;

5/ “medical institution” means any medical institution duly licensed to carry out medical examination;

6/    “international driving license” means any motor vehicle driver’s qualification certification license issued in accordance with the United Nations Convention on Road Traffic, signed in Geneva, Switzerland, on the 19th day of September 1949;

 

7/ “light trailer” means any trailer having a maximum loaded weight not exceeding 750 kilograms;

 

8/ “military driver’s qualification certification license” means any motor vehicle driving license issued by the Ministry of National Defense pursuant to Article 16 of this Proclamation;

 

9/  “traffic police” means member of the Police Force assigned to enforce the observance of traffic rules;

 

 

10/ “training institution” means any legally recognized governmental or private driver’s training institution;

11/   “road” means any road, street, highway, rural road or any other travel route, customarily used by vehicles other than private roads not open to all traffic;

 

 

12/    “motor vehicle” means any type of wheeled vehicle moving by mechanical or electrical power for use on road;

 

 

13/   “Licensing Body” means any government organ that gets recognition certificate from the Authority to issue driver’s qualification certification license.

 

 

3.  Purpose

 

The purpose of this Proclamation shall be:

 

 

1/  to ensure that drivers operate vehicles in appropriate condition by acquiring adequate driving skill to achieve safe transport service;

 

2/    to set nation wide driving qualification standard and establish a system for the issuance of driving license qualification certification free from forgery, corruption and bureaucratic red tape;

 

3/  to ensure bilateral and multilateral agreements relating to qualification of driving and movements of traffic on any Ethiopian roads are observed by drivers.

4.   Scope of Application

 

      The Proclamation shall be applicable to driver’s qualification certification license issued to drivers operating motor vehicles on any Ethiopian roads.

 

 

 

PART TWO

POWERS AND DUTIES

 

5.    Powers and Duties of the Authority

 

      Without prejudice to of the powers vested in it by law the Authority shall have the following powers and duties:

 

 

1/    to set detail standards that ought to be complied with, by the Licensing Body;

 

2/     in accordance with the provisions of Article 6 of this Proclamations to issue recognition certificate to the Licensing Body, to supervise the Licensing Body to ascertain that its activities are undertaken as per the recognition, incase of deficiency suspend or revoke the said recognition certificate;

 

 

3/  to prepare the necessary curriculum arrangements jointly with the appropriate technical and vocational training organs for training the institution that provide driving qualification trainings;

 

      4/    to determine, the quality, content and form of driver’s qualification certification license book;

 

 

5/   to have the list of drivers to whom driver’s qualification certification license have been issued and driver offenders at national level; and

 

6/    supervise for the proper implementation of the provisions of this Proclamation.

 

 

PART THREE

GENERAL OBLIGATIONS

 

6.  Standards of Driver’s Qualification Certification License

 

1/  Issuance of driver’s qualification certification license shall comply with the standards set in the provisions of this Proclamation.

 

 

2/   The Authority shall set standards that have to be complied  by any Licensing Body.

 

 

3/     The Authority shall give recognition certificate to the Licensing Body that qualifies the standards to be set in accordance with sub article 2 of this Article.

 

4/  The Authority shall suspend or revoke the qualification certification license in case the Licensing Body entitled in accordance with the provisions of sub article 2 of this Article to issue driver’s qualification certification license issues in contravention to the provisions of this Proclamation.

7.  Categories of Driver’s Qualification Certification License

 

1/    Categories of driver’s qualification certification license shall be as prescribed under Schedule /A/ attached with this Proclamation.

 

2/   Without prejudice to Schedule /A/ attached with this Proclamation a holder of a higher driver’s qualification certification license within a category of licenses shall be authorized to operate any vehicle requiring a lower driving license within the same category.

 

 

3/  where a holder of lower qualification certific- ation license wants to change into higher within the same category, he shall take training and test.

 

 

4/ Where a holder of driver’s qualification certification license wants to obtain a driver’s qualification certification license of a different category, he shall be required to take the theoretical and practical training and the test specified for such category of license.

 

 

8.   Driver’s Training and Qualification Tests

 

Any person to be eligible for a motor vehicle driver’s qualification certification license shall:

 

1/  take an integrated theoretical and practical driving training set by the Authority; and

 

 

2/   pass the examination given upon the completion of the training referred in sub article /1/ of this Article.

9.   Obligations of Training Institutions

 

Any training institution shall comply with the standard:

 

1/  set by the Authority and possess, a certificate issued by the Authority or Licensing Body and commercial license issued by the concerned organ;

 

 

 

 

2/    ensure strict observance of traffic safety rules in the course of the training;

 

 

3/ carryout the training in accordance with the standards set by the Authority;

 

4/  compile training data and submit periodical reports to the Licensing Body.

 

 

10.  Conditions of Driving for Training

 

1/    Driving of a vehicle for the purpose of training may be conducted at a place arranged for such purpose or, where authorized by the appropriate organ, on a road having law traffic movement provided that:

 

a)     a sign bearing the word  LEARNER” is affixed at the front and rear of the vehicle in such manner that it is clearly visible to any driver approaching from in front or following behind at a distance of 50 meters; and

 

b)     the learner is accompanied by an instructor who shall sit next to him at all time of the vehicle’s operation.

 

 

2/  Where the vehicle used for training is a motorcycle of two or three wheels:

 

a)     the sign bearing the word “LEARNER” shall be affixed at the rear in such manner that it is clearly visible to any driver following behind at a distance of fifty 50 meters;

 

b)     the learner shall be accompanied by an instructor who shall sit behind the learner on the saddler; and

 

c)      both the learner and the instructor shall wear helmets.

 

 

11.    Driving Test

 

         Notwithstanding the provisions of Article 10 of this Proclamation, the learner shall able to drive alone in the case of a qualification test.

12.    Age and Education Requirements

 

Any person applying for a driver’s qualification certification license shall:

 

1/  in the case of motorcycle or automobile driver’s qualification certification license, have completed at least fourth grade education and attained the age of not less than 18 years;

 

2/  in the case of tanker, bus or taxi driver’s qualification certification license, have completed at least eighth grade education and attained the age of not less than 24 years.

 

3/  in the case of truck or special mobile equipment driver’s qualification certification license, have completed at least eighth grade education and attained the age of not less than 20 years;

 

 

13.    Physical Requirements

 

1/  Any applicant for a driver’s qualification certification license shall be free from any physical disability or adverse health condition that could make him unfit for the proper operation of a motor vehicle.

 

2/   The physical fitness of an applicant to operate a motor vehicle in accordance with the provisions of sub-article (1) of this Article shall be certified by an examination conducted by a medical institution assigned following the requirements set by the Authority or Licensing Body in consultation with the Ministry of Health or Health Bureau;

 

3/  Where the credibility of a medical examination is doubtful, the Licensing Body may require a new examination to be conducted by another medical institution.  And the latter medical examination shall be final if it confirms the former.

 

 

4/  Where the medical examination results of the two medical institutions differ, the case shall be referred to a third medical institution selected by the Licensing Body, and the result of the third medical institution shall be final.

 

 

 

14.    Application for Driver’s Qualification

Certification License

 

1/  An application for driving license may be submitted to the Licensing Body either in person or through postal or electronic mails.

 

 

2/  Any application for driver’s qualification certification license shall be accompanied by the following:

 

a)     certificate of education;

 

 

b)          birth certificate or passport or residence identification card issued by kebele administration;

 

c)          the result of medical examination; and

 

d)         a certificate evidencing that the applicant has been trained  by driver’s training institution.

 

15.     Issuance of Driver’s Qualification

     Certification License

 

 

1/    The Licensing Body shall, upon examining an application submitted pursuant to sub-article /1/ of Article 14 of this Proclamation and ascertaining that the requirements of Article 8, 12 and 13 of this Proclamation are met and upon receipt of payment of the fees prescribed under item No. 1 of Schedule /B/ attached with this Proclamation issue, the applicant with the category of driver’s qualification certification license requested, with an indication thereon of any condition or restriction it may have deemed necessary.

 

2/  Notwithstanding the provisions of sub-article (1) of this Article:

 

a)     a driver’s qualification certification license may be issued to any handicap person to operate a motor vehicle that is equipped with special apparatus to compensate his physical deficiency with respect to maneuvering the movement of a vehicle;

 

b)     where a person holding a foreign or international driving license applies for an equivalent category, the Licensing Body shall issue the requested license upon;

 

1/ ascertaining that the government which issued the driving license similarly recognizes Ethiopian driver’s qualification certification license;

 

2/  being satisfied that the license is authenticated by the concerned body and is currently valid; and

 

3/    receipt of the appropriate fees.

 

 

3/   Any driver’s qualification certification license to be  issued pursuant to this Article shall:

 

 

a)     being determined by the Authority as to the quality, content and form, have such features that could make it not vulnerable to acts of forgery; and

 

b)     bear the photograph, the signature and thumb mark of the holder.

 

 

16. Military Driver’s Qualification Certification License

 

1/   The Ministry of National Defense is hereby authorized to issue military driver’s qualification certification license to defense personnel and to renew, suspend or revoke the  same; provided, however, that:

 

a)     such licenses shall bear the legend “FOR OFFICIAL MILITARY USE ONLY” and be used exclusively to operate defense vehicles bearing military identification number plates;

 

b)     the Ministry of National Defense shall observe and enforce the provisions of this Proclamation in exercising its authority;

c)      the Authority may investigate, at any time, the administrative processes and records of the Ministry of National Defense  relating to such licensing, in order to ensure the compliance with the requirements of sub-article 1(b) of these Article.

 

2/  Military driver’s qualification certification license may be converted to civil driver’s qualification certification license where they fulfill the requirements and standards provided for under this Proclamation and upon payment of the appropriate license fees.

 

17.    Carrying and Producing of Driver’s

         Qualification Certification License

 

1/ The holder of a driver’s qualification certification license shall carry the license at all times while operating a motor vehicle on any road.

 

2/   Any traffic police may request any person operating a vehicle on any road to produce his driver’s qualification certification license.

 

 

18.    Correction and Replacement of Driver’s

          Qualification Certification License

 

1/  Where the holder of a driver’s qualification certification license becomes aware of an error in the particulars entered in the license, he shall immediately present the license to the Authority for correction..  In such case, he shall be required to pay the appropriate fees unless the error was totally attributable to the fault of the Licensing Body.

 

2/    Where a driver’s qualification certification license is lost, damaged, unreadable or the matters expressed under it are not changed according to changes introduced,  the holder of the license shall forthwith submit an application to the Licensing Body for a replacement.

 

3/   Where an application. pursuant to sub-article /2/ of this Article, is presented to the Licensing Body, it shall issue to the applicant a replacement driver’s qualification certification license after the appropriate fees are made.

 

4/   A person who has recovered a driver’s qualification certification license for which a replacement has been issued shall promptly submit the extra driver’s qualification certification license to the Licensing Body for cancellation and removal.

 

  

19.    Validity and Renewal of Driver’s Qualification Certification License

 

1/   A driver’s qualification certification license of any category shall be valid for a period of four years from the date of its issuance.

 

2/   Any driver’s qualification certification license shall be renewed for a period of four years, at each time of its renewal, upon presentation of medical examination result conducted in accordance with Article 13 of this Proclamation and payment of the appropriate fees.

 

3/   The holder of the driver’s qualification certification license shall present his license to the Licensing Body for renewal either in person or through his duly authorized agent; provided, however, that a driver’s qualification certification license may not be for two consecutive times  presented for renewal through an agent.

 

4/   Notwithstanding the provisions of sub article /1 of this Article, where the holder of the driver’s qualification ratification license is above  55 /fifty five/ years of age, the license shall be renewed every two years.

 

5/ Where the holder of driver’s qualification certification license fails to renew his license as per the provisions of sub-article (1) of this Article within 60 days (sixty days), the holder of the license can only renew the license after paying the appropriate fines as per Schedule /B/ attached with this Proclamation and upon taking and passing the driving qualification test

 

 

20.    Suspension and Revocation of Driver’s

QualificationCertification License

 

1/  Where based on the traffic offence records of a license holder or on other sufficient grounds, it is proved that either his physical fitness or driving skill is deficient, the Licensing Body may suspend the driver’s qualification certification license or require him to undergo medical examination or order him to take driving qualification test or both.

2/    The Licensing Body may revoke the driver’s qualification certification license where the medical examination or the driving qualification test conducted pursuant to sub-article (1) of this Article shows that the physical fitness or driving skill of the license holder is unsatisfactory or where he has, without good cause, failed to produce the medical examination or qualification test result within 90 days.

 

3/    Without prejudice    to  the provision of sub-article (1) and (2) of this Article, the Ministry shall issue directive which enable to suspend or revoke the driver’s qualification certification license based on the offence record of the driver.

 

4/     Any person aggrieved by the decision given pursuant to sub-article (1) and (2) of this Article may, within 30 days from receipt of the decision, appeal to the Ministry. The decision of the Ministry shall be the final.

21.   Prohibitions

 

Without prejudice to the provisions of Article 10 of this Proclamations;

 

1/  no person shall, without having the proper driver’s qualification certification license drive a motor vehicle on any road;

 

 

2/    no owner or possessor of any motor vehicle shall allow any person to drive his vehicle without verifying that the person is a holder of the proper driver’s qualification certification license.

 

 

PART FOUR

MISCELLANEAOUS PROVISIONS

 

 

22.    None Applicable Laws

 

         Any law inconsistent with this Proclamation shall not be applicable.

23.    Transitory Provision

 

         Driving licenses issued prior to the coming into force of  this Proclamation shall remain valid until the Ministry issued a directive as to the manner and time of such change.

24.    Penality

 

         1/   Any person who violates this Proclamation shall be punished in accordance with the appropriate law.

 

 

         2/   Without prejudice to the provision of Article 20 and sub-article (1) of this Article of this Proclamation, a driver who commits an offence shall be punished as per schedule /B/ and /C/ attached herewith this Proclamation

 

 

3/  A driver,  inspite of his objection to the fine fails to appeal  to the Ministry or the body assigned by the Ministry and reverse the decision within 30 days (thirty days), shall pay the fine to the Licensing Body.

 

 

4/   The driver’s qualification certification license shall be canceled incase the driver fails to pay the fine within the specified time.

 

 

25.    Offence Recording

 

          For the purpose of punishment for offences committed by drivers, the record of petty offences shall be valid for 1 year (one year) and the record of aggravated offences shall be valid for 3 years (three years) respectively.

 

26.    Power to Issue Regulation

 

        For the proper implementation of this Proclamation the Council of Ministers has the power to issue regulation.

 

27.   Effective Date

 

         This Proclamation shall enter into force up on the date of Publication in the Federal Negarit Gazeta.

    

Done at Addis Ababa, this 25th day of August, 2008

 

 

GIRMA WOLDEGIORGIS

 

PRESIDENT OF THE FEDERAL

DEMOCRATIC REPUBLIC OF ETHIOPIA

 

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