Saturday, February 27, 2021

Driver’s Qualification Certification License Proclamation No. 1074/2018

 

Proclamation No. 1074/2018

A PROCLAMATION TO PROVIDE FOR DRIVER’S QUALIFICATION CERTIFICATION LICENSE

WHEREAS, the prevailing causes of traffic accident against human life and property mainly arises due to the deficiency in the procedure of issuance of driving license and it is found necessary to bring about qualified drivers by averting the existing situation;

 

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;

 

WHEREAS, it has been found necessary to amend the requirements to be fulfilled to obtain driver`s qualification license to reduce traffic accident that occur due to lack of experience and competence in driving;

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

This Proclamation may be cited as the “Driver’s Qualification Certification License Proclamation No. 1074/2018”.

 

2.  Definitions

In this Proclamation:

1/ “Authority” means the Federal Transport Authority;

 

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

3/ “federal driving license” means a driving license to be  issued pursuant to a directive to be enacted in accordance with this Proclamation to a foreigner or to Ethiopian who travel abroad for business, visit or government work , based on the principle of reciprocity, to drive a motor vehicle;

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

5/ “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;

6/ ““Licensing Body” means The Federal or Regional Transport institution or any government institution established in accordance with law and gets delegation from the Authority to issue driver’s qualification certification license;

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

8/ “machinery” means any type of motor power driven tool with wheels or chain wheels used to support human power and designed for building or agriculture or lifting equipment or digging activities;

9/ “medical institution” means any medical institution duly licensed to carry out medical service;

10/ “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;

11/ “Ministry” means the Ministry of Transport;

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

 

13/ “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;

14/ “traffic controller” means a person empowered by appropriate law to control the proper implementation of the provisions of this Proclamation and to manage traffic flow; and are classified as traffic controller police and transport controller;

15/ “traffic controller police” means a member of police empowered by appropriate law to control the proper implementation of the provisions of this Proclamation and manage traffic flow;

 

16/ “training institution” means a legally recognized governmental or private driver’s training institution and includes private or government institution which is licensed to train its drivers or prospective employees recruited for driving vehicle;

17/ “transport controller” means person empowered to control the implementation of the provisions of this Proclamation specially, the technical competence of vehicles driven on the road and enforcement of directives related to transport administration;

 

18/ “person” means a physical person or juridical body;

19/ any expression in the masculine gender includes the feminine.

 

3.  Objective

The objective 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 nationwide 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

This 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 the powers vested in it by law, the Authority shall have the following powers and duties:

1/ supervise the proper implementation of the provisions of this Proclamation;

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

3/ Provide, as may be necessary, capacity building support for Licensing Body;

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

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

6/ to determine the quality, content and form of driver’s qualification certification license book; publish and distribute the driver’s qualification certification license book at the national level;

7/ to register and maintain at national level the list of drivers to whom driver’s qualification certification license have been issued and drivers found guilty;

8/ determine by a directive national requirements to be fulfilled by training institute for issuance of training institute competency qualification certificate; control and follow up whether duties are properly conducted and suspend or revoke their license if their competency is not maintained;

 

9/ where necessary, determine national training tariff fees of training institutes and implement same upon approval by the Ministry;

 

10/ enact directive regarding requirements to be fulfilled and ethical rules to be followed by training institute, trainers and expert of licensing bodies who examine driving qualification trainees as well as measures to be taken when  requirements are not complied with or ethical rules are breached;

 

11/ At Federal level issue, renew, suspend and revoke the federal driving license as per the provision of the law.

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 delegation 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 license of the Licensing Body entitled to issue driver’s qualification certification license in accordance with sub-article (2) of this Article, if it issues driver’s qualification certification license 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 attached with this Proclamation.

2/ Without prejudice to Schedule attached with this Proclamation, obtaining a higher driver’s qualification certification license in one category is only possible by acquiring, in advance, the minimum driver’s qualification certification license in same category and by upgrading step by step.

3/  Where a holder of lower qualification certification license wants to change into higher within the same category, he shall be required to take the theoretical and practical training and the test specified for such category of license.

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.

5/ Except the machinery driver qualification certification license, when holder of any lower driver’s qualification certification license wants to change into higher with in the same category or from one driver’s qualification certification license to the other, the previous license shall be returned.

 

6/ The Authority shall determine the theoretical and practical trainings and testes content to be taken and the procedures to be followed by a person who has a driver’s qualification certification license in one category and wants to obtain additional driver qualification from another category.

7/ Without prejudice to the provision of sub article 5 of this article, where any Driver upgrade or change the specified category of license, a new driver’s qualification certification license may be issued with an indication thereon he shall be authorized to operate all category or level with the previous driver’s qualification certification 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 from the training institution in accordance with the curriculum determined by the Authority;

 

2/ pass the examination given upon the completion of the training referred in sub-article (1) of this Article;

3/ notwithstanding the provision of sub-article (1) of this Article, any person who wants to obtain an automobile driver’s qualification certification license may be trained by a person who have a temporary trainer’s license issued by the Authority by using his own car or a car owned by his family;

4/ for the purpose of sub-article (3) of this Article, “family” means a relative by consanguinity or affinity up to second level;

5/ the details regarding conditions under which temporary driving license shall be issued pursuant to sub-article (3) of this Article shall be determined by the Authority;

6/ Without prejudice to the provision of sub-article (1) and (2) of this Article, any driver intends to drive a vehicle registered for taxi service shall be:

a) tenth grade complete and have permanent driver’s qualification certification licenses in the category of automobile or public transport; and

b) a holder of taxi driver certificate by attending special training provided by the licensing body in accordance with the training contents set by the authority.

 

9.  Obligations of Training Institutions

1/ Any training institution shall:

a) comply with the requirement set by the Authority and possess, a certificate issued by the Authority or Licensing Body and commercial license issued by the concerned organ;

 

b) ensure strict observance of traffic safety rules in the course of the training;

c) carry out the training in accordance with the standards set by the Authority;and

d) compile training data and submit periodical reports to the Licensing Body.

 

2/ Notwithstanding the provision of sub-article (1) of this Article, any legal person who obtained permission from the Authority to give training only to his employees or to persons recruited for driving shall not be required to have commercial license.

 

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/ Without prejudice to the provision of paragraph (b) of this sub-article (1) of this Article, conditions under which trainers may learn by driving independently, shall be determined by the Authority.

3/ 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 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 case of three wheels’ motorcycle driver’s qualification certification license, have completed at least tenth grade education and attained the age of not less than twenty years;

3/ In case of Truck I or Public transport I driver’s qualification certification license, have completed at least tenth grade and attained the age of not less than twenty-two years;

4/ In case of Truck II, public transport II or tanker I driver’s qualification certification license, have completed at least tenth grade and attained the age of not less than twenty-four years; and shall have permanent driver’s qualification certification license with at least one year driving experience in the category of Truck I and public transport I, except for the tanker I;

5/ In case of Truck III, public transport III or tanker II driver’s qualification certification license, have completed at least tenth grade and attained the age of not less than twenty-six years; and shall have permanent driver’s qualification certification license with at least one year driving experience in the category of Truck II and public transport II and tanker I;

 

6/ for machinery operator qualification certification license, have completed at least tenth grade and attained the age of not less than twenty years.

 

 

 

13. Health 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 qualification certification 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 documents:

            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) certificate or evidence which proves that the applicant is trained by a training institution or legally authorized person.

 

 

 

15. Issuance of Driver’s Qualification Certification License

1/ where the Driver’s qualification certification license is issued for the first time, the Licensing Body shall, upon examining application submitted pursuant to Article 14 of this Proclamation and after ascertaining the fulfillment of the requirements provided under Article 8, 12 and 13 of this Proclamation, give the requested category temporary driving qualification certification license with an indication thereon any condition or obligation authenticated by health institutions or other body authorized by law.

2/ The validity period of the temporary driver’s qualification certification license issued pursuant to sub-article (1) of this Article shall be two years.

3/ The promotion of the temporary driver’s qualification certification license to a permanent driver’s qualification certification license shall be determined by number of record of traffic offence and accident the licensee`s committed within the two years. 

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

a) a driver’s qualification certification license may be issued to any disabled 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 country which issued the driving qualification certification license similarly recognizes Ethiopian driver’s qualification certification license;

(2) being satisfied that the driving qualification certification license is authenticated by the concerned body and is currently valid; and

(3) receipt of the appropriate fees.

 

5/ Without prejudice to the provision of sub-article (4)(b) of this Article, any person who has foreign driving license or international driving license shall drive in Ethiopia without changing his license to Ethiopian driving license for forty five days to be counted from the date of his arrival to Ethiopian territory or if his driving license is valid for less than forty five days until the license expire.

6/ For any driver’s qualification certification license to be issued pursuant to this Article:

a) subject to the quality, content and form which shall be determined by the Authority, it shall have features that could make it not vulnerable to acts of forgery;

b) shall bear photograph, written signature and fingers print of the license holder.

 

 

7/  Notwithstanding the provision of sub-article 1 of this article, where the applicant is holder of permanent Driver’s qualification certification license and wants to upgrade or change the specified category of Driving license, the Licensing Body shall, upon examining application submitted pursuant to Article 14 of this Proclamation and after ascertaining the fulfillment of the requirements provided under Article 8, 12 and 13 of this Proclamation, give the requested category of permanent driving qualification certification license with an indication thereon any condition or obligation authenticated by health institutions or other body authorized by law.

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 paragraph (b) of this sub-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 person driving any motor vehicle on the road shall have obligation to stop his vehicle properly and produce his driving license when requested by traffic controller.

 

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; and 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 discharged.

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 permanent 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 presented for renewal through an agent for two consecutive times.

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/ Any driver who fails to renew his license within one year after the validity period provided under sub-article (1) of this article and sub article 2 of article 15 of this proclamation has lapsed shall renew it only upon successfully passing the practical examination for the holder of permanent Driver’s qualification certification license, and upon the examination of offence record within the year for the holder of temporary Driver’s qualification certification license in addition to the above requirement.

 

20. Suspension and Revocation of Driver’s Qualification Certification 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-articles (1) and (2) of this Article, the driver’s qualification certification license may be suspended or revoked based on drivers’ offence record.

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

5/ Where any driver’s qualification certification license is proved to be obtained by producing false evidence, deceit or by any other illegal way by the authority or licensing body, the license shall be revoked and the offender shall be held legally responsible

 

21. Suspension and Revoking of Licensing Bodies’ License

1/ Without prejudice to the generality of the provision of Article 6 (4) of this Proclamation, any licensing body if violates this Proclamation or regulations and directives issued pursuant to this Proclamation, specially;

 

a) whoever issue or renew competency license for training institution which do not fulfill the requirements set by the Authority;

b) whoever permits learner  to take drivers qualification certification exam  or causes provision of drivers qualification certification license knowing or should know that the learner produce false educational, medical and age related evidence;

c) whoever provide theoretical and practical exam inconsistent with examination directive prepared by the Authority to be applicable at national level;

d) whoever allows exam to be given or authenticate competence of learners by using examiners who do not have competency license issued by the Authority or body delegated by the Authority or whose license is revoked or not renewed;

e) whoever fails to fulfill one of the requirements the licensing body is required to fulfill;

f)  whoever doesn’t take measure to abolish improprieties and rent seeking, and doesn’t properly examine and take action for the compliant received from the public or doesn’t take measure on regular compliant received from the public against licensing experts and workers;

 

g) whoever doesn’t execute order given by the Authority to revoke or to suspend certificate given to training institutions in accordance with Article 22 (2) of this Proclamation;

the Authority shall give written warning by ordering the licensing body to take proper measure to correct the fault committed and to prevent similar occurrence of fault by determining appropriate time limit to take corrective measure and produce report to the Authority.

 

 

2/ If the licensing body does not take the proper measure within the time limit given under sub-article (1) of this Article the Authority by determining appropriate time limit for correction shall suspend the license it issued to the licensing body.

3/ The Authority shall revoke the license if any licensing body received suspension order under sub-article (2) of this Article if fails to take corrective measure to rectify it within the time limit.

4/ When the Authority suspends the license it issued to the licensing body pursuant to subarticle (2) of this Article, it shall facilitate conditions necessary to provide service subsequently for citizens seeking service from licensing body whose license is suspended, either from the Authority or other licensing body.

 

22. Suspension and Revocation of Training Institution’s Competence Assurance Permit

 

1/ The Authority when examining the proper execution of the obligations provided under Article 9 of this Proclamation, if it finds a breach of obligation by the training institute, it may take the appropriate legal measure or may suspend or revoke the competency certificate, as may be necessary.    

 

2/ If the training institute that breaches the obligation has got the competency license not from the Authority but from the licensing body, the Authority may order the licensing body to suspend or revoke the competency certificate.

 

23. Prohibitions

Without prejudice to the provisions of Article 10 of this Proclamation:

 

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

 

24. Complaint

 

1/ Any person who has complaint on the decision made according to this Proclamation may lodge his complaint, within 30 days after receiving the decision, to the concerned level of regional and federal transport bureau or Authority.

2/ Any person who is dissatisfied with the response given on complaints submitted pursuant to sub-article (1) of this Article may submit his complaint to the Ministry within 30 days from date of receipt of decision; and the decision of the Ministry on such matter shall be the final administrative decision on the matter.

 

25. Penalty

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

2/ Without prejudice to the general provision of sub-article (1) of this Article, if a driver, holding a motor cycle or three-wheel motor cycle category driver’s qualification certification license, found driving out of the category shall be punished as he is driving without having a license.

3/ Without prejudice to the general provision of sub-article (1) of this Article, if a driver, having no driver`s qualification certification license of a motor cycle or three-wheel motor cycle, found driving a motor cycle or three-wheel motor cycle holding other category of driver`s qualification certification license, shall be punished as he is driving without having a license.

 

26. Repealed and Inapplicable Laws

1/ The Drivers Qualification Certification License Proclamation No 600/2008 is hereby repealed.

2/ Notwithstanding the provision of sub-article (1) of this Article, all regulations issued pursuant to Proclamation No.  600/2008 and are in force shall, in so far as they are not inconsistent with the provisions of this Proclamation, be deemed to have been issued under this Proclamation and shall continue in force.

3/ No Proclamation, regulations, directives or practice shall, in so far as they are inconsistent with the provision of this Proclamation, be applicable with respect to matters provided for by this Proclamation.

27. 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.

 

 

28. Power to Issue Regulation and Directive

 

1/ The Council of Ministers shall issue regulations for the implementation of this proclamation.

2/ The Authority shall issue directives for the implementation of the regulations issued pursuant to sub-article (1) of this Article; 

 

29. Effective Date

This Proclamation shall enter into force on the date of its Publication in the Federal Negarit Gazette.

 

Done at Addis Ababa, this 14th  day of February, 2018

 

MULATU TESHOME (Dr)

 

PRESIDENT OF THE FEDERAL

 

DEMOCRATIC REPUBLIC OF ETHIOPIA

 

 

 

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