GAZETTE NOTICE NO. 5377

PURSUANT to section 110 (3) of the Energy Act, 2006, the Energy Regulatory Commission hereby invites members of the public to submit written comments within forty (40) days from the date of publication of this notice to the Director General, the Energy Regulatory Commission, on the proposed Regulations in respect of the Petroleum downstream sub-sector which are set out in Part II hereunder. 2. Comments may be hand-delivered, posted, and facsimiled or e- mailed to the Energy Regulatory Commission. 3. Physical address: The Energy Regulatory Commission, First Floor, Eagle Africa Centre, Longonot Road, Upperhill, Nairobi 4. Postal address: P.O. Box 42681 -00100 GPO, Nairobi 5. Facsimile Number: +254 20 2717603 6. E-mail address: info@erc.go.ke 20th April, 2012 THE KENYA GAZETTE Appendix V THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006 the Minister for Energy makes the following Regulations: THE ENERGY (LICENSING OF PETROLEUM ROAD TRANSPORTATION BUSINESSES) REGULATIONS, 2011 1. These Regulations may be cited as the Energy (Licensing of Petroleum Road Transportation Businesses) Regulations, 2011. 2. In these Regulations, unless the context otherwise requires— ―Act‖ means the Energy Act, 2006; ―Commission‖ means the Energy Regulatory Commission; ―Kenya Standard‖ means a specification or code of practice declared by the Council under section 9 of the Standards Act; ―Licence‖ means any document or instrument in writing granted under the Act by the Commission to any person authorizing the transportation by road of petroleum; ‗‗Licensee‘‘ means any person holding a Petroleum Road Transportation Business Licence; ‗‗Minister‘‘ means the minister for the time being responsible for energy; ―Petroleum Road Transportation Business‖ means the transportation of petroleum by road; ―Specifications‖ has the meaning assigned to it in section 2 of the Standards Act; ―Tribunal‖ means the Energy Tribunal established under section 108 of the Act. 3. These regulations shall not apply to Kenya Defence Forces, petroleum contained in a vehicle for own consumption, and petroleum transported in containers whose combined volume does not exceed 1000 litres 4. (1) A person shall not conduct a petroleum road transportation business except in accordance with the Act and the terms and conditions of a valid licence issued by the Commission or its agents. (2) Where the Commission or its agents determines that a person is engaged in a petroleum road transportation business requiring a licence under these regulations and is not in possession of such licence it shall direct that person to cease such a business until such time as the person obtains the required licence. 5. (1) A person who wishes to undertake a petroleum road transportation business shall make an application to the Commission or its agents for a licence or renewal of licence in the form set out in Part 1 of Schedule B. (2) The application for a petroleum road transportation licence shall be accompanied by the documentation and information specified in Part 2 of Schedule B. 6. (1) In evaluating an application for a petroleum road transportation business licence, the Commission or its agents shall take account of the criteria in Part 3 of Schedule B and be satisfied that the applicant has complied with the Act and information and documents submitted with the application form are true and correct. (2) The Commission or its agents may request additional information from an applicant that may be necessary to enable the Commission to make a decision regarding theissuing of a licence. (3) The Commission or its agents shall decide on an application within thirty (30) days after receipt of an application for a licence which meets the requirements of the Act and these Regulations. 7. The licence issued shall be in the form set out in Part 4 of Schedule B and shall state the conditions of the licence. 8. (1) A Petroleum Road Transportation business licence issued under the Act and these regulations shall be valid for a maximum period of one (1) year from the date of its issue and may be renewed in accordance with the provisions of the Act. (2) An application for renewal of a petroleum business licence shall be made to the Commission or its agents at least thirty (30) days before the expiry date. 9. (1) The Commission shall furnish all persons interested in filing applications for a Petroleum Road Transportation business licence with any necessary information in the Commission‘s or its agent‘s possession: (2) Any discussions with, notifications or requests for information from the Commission or its agents shall not confer any right to any person to the grant of a licence. 10. As general conditions of its licence, a petroleum road transportation business licensee shall: (a) Transport only petroleum that meets the Kenya Standard; (b) Ensure that the business complies with the requirements of the Energy Act, Physical Planning Act, Standards Act, Local Government Act, Environmental Management and Co- ordination Act, Occupational Safety and Health Act, Weights and Measures Act, Traffic Act, Customs and Excise Act and any other written law; (c) Transport petroleum only for petroleum business licensees in possession of a valid licence issued by the Commission under the Act or petroleum imported through an import route designated or prescribed under the East African Customs Management Act, 2004; (d) Load petroleum only from petroleum storage facilities in possession of a valid licence issued by the Commission under the Act; (e) Discharge petroleum only to a licensed facility, to an end user for own consumption or, in the case of petroleum intended for export, at a destination outside Kenya; (f) Ensure that all vehicles used in the transportation of petroleum have valid petroleum road tanker permits issued by the Commission under the Act; (g) Ensure that the vehicles used in the transportation of petroleum are driven only by persons in possession of valid certificates issued under the Act; (h) Ensure that he has put in place an emergency preparedness and response plan that meets the criteria set by the Commission; (i) Implement regular pre-loading vehicle inspection in accordance with a checklist approved by the Commission; (j) Ensure that he has in place arrangements for the safe parking of vehicles used in the transportation of petroleum that comply with the emergency preparedness and response plan; (k) Take reasonable and proper steps to ensure that the provisions of these Regulations and the conditions of the licence and vehicle permits are known to, and by all persons employed in or about the licensed premises or the petroleum road tankers; and (l) Take reasonable steps to ensure that unauthorized persons do not have access to the petroleum road tankers. 11. (1) A petroleum road transportation business licence, or a certified copy thereof, shall be displayed in a prominent position on the premises in respect to which it is issued. (2) Any licence issued in terms of these Regulations: (a) remains the property of the Commission; (b) may be modified, suspended, revoked or amended at any time subject to compliance with the Act; (d) may not be tampered with or defaced in any manner; and (e) is not transferable without the written consent of the Commission or its agents. 12. (1) A petroleum business licence ceases to be valid if the licence is suspended or revoked by the Commission or its agents under the provisions of the Act. THE KENYA GAZETTE 20th April, 2012 1334 1334 (2) Unless otherwise specified in the licence, the Commission or its agents may give the licensee fourteen (14) days to show cause why the licence should not be revoked setting out the matters specified in the Act. (3) The Commission or its agents shall determine the matter within thirty (30) days from the expiry of the notice period. (4) Any suspension or revocation of licence shall not indemnify the licensee against any penalties for which the licensee may have become liable under the Act or these Regulations. 13. (1) Any person aggrieved by a condition or term imposed in the licence by the Commission or its agents under these Regulations may in accordance with Section 83 of the Act, apply in writing to the Commission or its agents to amend such condition or term. (2) If the aggrieved person is not the licensee the Commission or its agents shall inform the licensee within seven days of receipt of the application and the Commission will determine the matter within thirty (30) days. (3)A licence amended under the Act and these regulations shall retain the existing expiry date. 14. (1) The Commission or its agents may inspect any vehicle, premises, or facility reasonably suspected of being engaged in the business of transportation of petroleum products for the purpose of ascertaining whether the provisions of the Act and these Regulations relating to such transportation of petroleum products are being observed, and, in the case of a contravention of such provisions, may give such directions, to be enforced on the owner, occupier, driver or person in charge of such vehicle, premises, or facility as it considers necessary. (2) Where the Commission or its agents directs a petroleum transportation business licensee, by a notice in writing, to execute any repairs to the licensed vehicle which, in the opinion of the Commission, may be necessary, the licensee shall execute the repairs within such period as may be fixed by the notice. 15. A petroleum road transportation business licensee shall report in writing to the Commission or its agents as soon as possible but not later than 48 hours any accident involving the transportation of petroleum which causes loss of life, personal injury, explosion, oil spill, fire or any other incident or accident causing significant harm or damage to the environment or property. 16. (1) A person shall not use or cause to be used a petroleum road tanker for transportation of petroleum by road within Kenya except under and in accordance with the terms and conditions of a valid petroleum road tanker permit issued by the Commission or its agents. (2) Where the Commission or its agents determines that a person is using a petroleum road tanker requiring a permit under these regulations and is not in possession of such permit it shall direct that person to cease such use until such time as the person obtains the required permit. 17. (1) A person who wishes to obtain a petroleum road tanker permit shall make an application to the Commission or its agents for a permit or renewal of a permit in the form set out in Part 1 of Schedule C. (2) The application for a petroleum road tanker permit shall be accompanied by the documentation and information specified in Part 2 of Schedule C. 18. The permit issued shall be in the form set out in Part 3 of Schedule C and shall state the conditions of the licence. 19. (1) A petroleum road tanker permit issued under the Act and these regulations shall be valid for a maximum period of one (1) year from the date of its issue and may be renewed in accordance with the provisions of the Act. (2) An application for renewal of a petroleum road tanker permit shall be made to the Commission at least thirty (30) days before the expiry date. 20. (1) The Commission or its agents shall furnish all persons interested in filing applications for a petroleum road tanker permit with any necessary information in the Commission‘s or its agent‘s possession: (2) Any discussions with, notifications or requests for information from the Commission or its agents shall not confer any right to any person to the grant of a permit. 21. (1) A petroleum road tanker permit, or a certified copy thereof, shall be displayed in a prominent position on the vehicle in respect to which it is issued. (2) Any permit issued in terms of these Regulations: (a) remains the property of the Commission; (b) may be modified, suspended, revoked or amended at any time subject to compliance with the Act; (c) may not be tampered with or defaced in any manner; and (d) is not transferable without the written consent of the Commission or its agents. 22 (1) A petroleum road taker permit ceases to be valid if the permit is suspended or revoked by the Commission or its agents under the provisions of the Act. (2) Unless otherwise specified in the licence, the Commission or its agents may give the permit holder fourteen (14) days to show cause why the permit should not be revoked setting out the matters specified in the Act. (3)The Commission or its agents shall determine the matter within thirty (30) days from the expiry of the notice period. (4) Any suspension or revocation of permit shall not indemnify the permit holder against any penalties for which the licensee may have become liable under the Act or these Regulations. 23. (1) Any person aggrieved by a condition or term imposed in the permit by the Commission or its agents under these Regulations may in accordance with Section 83 of the Act, apply in writing to the Commission or its agents to amend such condition or term. (2) If the aggrieved person is not the permit holder the Commission or its agents shall inform the permit holder within seven (7) days of receipt of the application and the Commission or its agents will determine the matter within thirty (30) days. (3) A permit amended under the Act and these regulations shall retain the existing expiry date. 24 A petroleum road tanker shall at all times comply with the requirements of the Energy Act, Standards Act, Local Government Act, Environmental Management and Co-ordination Act, Occupational Safety and Health Act, Weights and Measures Act, Traffic Act, Customs and Excise Act and any other written law; 25. (1) A person shall not drive a petroleum tanker for the purpose of transportation of petroleum within Kenya unless the person is in possession of a valid certificate issued under the Act. (2) Where the Commission or its agents determines that a person is driving a petroleum road tanker without a valid certificate issued under the Act it shall direct that person to cease to drive until the person obtains the required certificate. 26. (1) A person who wishes to drive a petroleum road tanker shall make an application to the Commission or its agents for a certificate or renewal in the form set out in Part 1 of Schedule D. (2) The application for a certificate shall be accompanied by the documentation and information specified in Part 2 of Schedule D. 27. The certificate issued shall be in the form set out in Part 3 of Schedule D and shall state the conditions of the certificate. 28. (1) A petroleum road tanker driver certificate issued under the Act and these regulations shall be valid for a maximum period of one (1) year from the date of its issue and may be renewed in accordance with the provisions of the Act. (2) An application for renewal of a petroleum road tanker driver certificate shall be made at least thirty (30) days before the expiry date. 29. (1) The Commission or its agents shall furnish all persons interested in filing applications for a petroleum road tanker driver certificate with any necessary information in the Commission‘s or its agent‘s possession: (2) Any discussions with, notifications or requests for information from the Commission or its agents shall not confer any right to any person to the grant of a certificate. 20th April, 2012 THE KENYA GAZETTE 30. (1) A driver of a petroleum road tanker shall at all times when driving or in control of a petroleum road tanker have on his person his certificate, or a certified copy thereof. (2) Any certificate issued in terms of these Regulations: (a) remains the property of the Commission; (b) may be modified, suspended, revoked or amended at any time subject to compliance with the Act; (c) may not be tampered with or defaced in any manner; and (d) is not transferable without the written consent of the Commission or its agents. 31. (1). A petroleum road tanker driver certificate ceases to be valid if the certificate is suspended or revoked by the Commission or its agents under the provisions of the Act. (2) Unless otherwise specified in the certificate, the Commission or its agents may give the certificate holder fourteen (14) days to show cause why the certificate should not be revoked setting out the matters specified in the Act. (3) The Commission or its agents shall determine the matter within thirty (30) days from the expiry of the notice period. (4) Any suspension or revocation of certificate shall not indemnify the certificate holder against any penalties for which the certificate holder may have become liable under the Act or these Regulations. 32. (1) Any person aggrieved by a condition or term imposed in the certificate by the Commission or its agents under these Regulations may, in accordance with Section 83 of the Act, apply in writing to the Commission or its agents to amend such condition or term. (2) If the aggrieved person is not the certificate holder the Commission or its agents shall inform the certificate holder within seven days of receipt of the application and the Commission will determine the matter within thirty (30) days. (3) A certificate amended under the Act and these regulations shall retain the existing expiry date. 33. A petroleum road tanker driver shall: (a) Not drive or allow to be driven a petroleum tanker in his custody unless such tanker has a valid petroleum road tanker permit issued by the Commission or its agents; (b) Not tamper with the quality of the petroleum in his custody; (c) Not divert the petroleum destined for export into the local market; (d) Ensure that he operates the petroleum road tanker in accordance with the requirements of the Energy Act, Standards Act, Local Government Act, Environmental Management and Co-ordination Act, Occupational Safety and Health Act, Weights and Measures Act, Traffic Act, Customs and Excise Act and any other written law; (e) Transport petroleum only for petroleum business licensees in possession of valid licences issued by the Commission under the Act or petroleum imported through an import route designated or prescribed under the East African Customs Management Act, 2004; (f) Load petroleum only from petroleum storage facilities in possession of a valid licence issued by the Commission under the Act; (g) Discharge petroleum only to a licensed facility, to an end user for own consumption or, in the case of petroleum intended for export, at a destination outside Kenya; (h) Comply with the emergency preparedness and response plan that has been put in place by the petroleum transport business licensee; (i) Implement regular pre-loading vehicle inspection in accordance with a checklist approved by the Commission or its agents; and (j) Comply with arrangements for the safe parking of petroleum road tankers in accordance with the emergency preparedness and response plan. 34. (1) A person aggrieved by the decision of the Commission in refusing to renew, amend, replace, grant a licence , permit or certificate or impose conditions on a licence, permit or certificate or in revoking a licence, permit or certificate may appeal to the Tribunal within thirty (30) days of receipt by him of the written notification of such action. (2) A person aggrieved by the decision of a licensing agent in refusing to renew, amend, replace, grant a licence, permit or certificate or impose conditions on a licence, permit or certificate or in revoking a licence, permit, or certificate may appeal to the Commission or its agents within thirty days of receipt by him of the written notification of such action. 35. (1) A person who contravenes any provision of these regulations commits an offence and shall, on conviction, be liable to such penalties as are stipulated in the Act. (2) In any case where the person who contravenes the provisions of these regulations is licensed or certified under the Act the Commission or its agents may suspend or revoke his licence, permit or certificate whichever the case may be. SCHEDULE B PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM ROAD TRANSPORTATION BUSINESS LICENCE (A separate application form must be completed in respect of each separate business establishment) 1. Name of business/applicant: __________________________ 2. Details of applicant: (a) Income Tax Personal Identification Number(s):__________ (b) Postal address: ___________________________________ (c) Email Address : ___________________________________ (d) Location of business premises: I. Plot No: ___________ Building Name: _____________ II. Street/Market: _________________________________ III. Town/District: _________________________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) _________ ________________ ___________ ___________ ____________ ___________ ___________ ________________ ___________ (Any additional information should be submitted on a separate sheet of paper.) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. _____________ ___________ ___________ _____________ ___________ ___________ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the business (es) for which the licence is required: _____________________________________________________ _____________________________________________________ 6. (a) Indicate the number and date of issue of any licence previously held under the Act: _____________________________________________________ THE KENYA GAZETTE 20th April, 2012 1336 1336 (a) Indicate the period for which the licence is being applied (maximum is one year from the date of issue): _____________________________________________________ 7. State if you are or any of your partners/directors is an undischarged bankrupt (If so indicate the names): _____________________________________________________ 8. (a) Has any previous application for a licence been rejected under the Act? (If so, give details): _____________________________________________________ (b) Has any previous licence been cancelled under the Act? ________________________________________________ 9. (a) Criteria to be met for new application and for renewal of a licence is attached at the back of the application form. (b) Certified copies (by advocate / commissioner of oaths) of documents as per criteria specified above should be submitted together with the licence application. 10. CONDITIONS FOR PETROLEUM ROAD TRANSPORTATION BUSINESS : (a) Compliance with Energy Act, 2006 and any other subsidiary legislation regulation issued there under. (b) Environmental Management and Co-ordination Act, 1999 (c) Local Government Act. (d) Traffic Act (e) Relevant Kenya Standard on Petroleum Tankers (f) Any other subsidiary legislation regulations from the above Acts. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related regulations issued therein, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a licence. iv. I/We commit to conduct an honest petroleum business. v. I/We hereby confirm that our Company/Business shall only transport petroleum from licenced facilities to only other licenced facilities and end consumers. vi. I/We commit that our Company/Business shall provide parking for our tankers and only park petroleum tankers at parking designated for such tankers Name of Company: ___________________________________ Name and ID of Person signing the Declaration: _____________ Designation and telephone No.:____________________________ Signature & Stamp _____________________________________ Date: ________________________________________________ Email address: ______________________________________ FOR OFFICIAL USE ONLY 1. Date application received: 2. Date of meeting of Petroleum Licencing Committee: 3. Decision of Petroleum Licencing Committee: Members present: Signature 1. 2. 3. 4. 4. If application is deferred or rejected, date of letter advising applicant accordingly: 5. Date of review of application: _________ Decision of Committee: Members present: Signature 1. 2. ________________ 3. 4. 6. Licence details: No.: _________ Date issued: ________ Expiry date: __________ SCHEDULE B PART 2 THE ENERGY ACT, 2006 QUESTIONNAIRE TO BE FILLED BY NEW APPLICANTS FOR A PETROLEUM ROAD TRANSPORT BUSINESS LICENCE 1. Name of applicant: _______________________________ 2. Nature of business (Sole Trader, Partnership, Private Company or Public Company):__________________________ 3. Certificate of Incorporation/Registration Number and date: ___________________________________________________ (a) Country of Incorporation: ___________________________ (b) Physical address: __________________________________ (c) Postal address: ___________________________________ (d) Telephone/ fax: ___________________________________ (e) Email address____________________________________ 4. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) ____________________________________________________ ____________________________________________________ ___________________________________________________ (Any additional information should be submitted on a separate sheet of paper.) 20th April, 2012 THE KENYA GAZETTE 5. Give full details of directors of the company: Nam Nationality Passport/ ID No. _____________ _________________ _________________ ______________________________ ________________ ______________________________ ________________ (Any additional information should be submitted on a separate sheet of paper.) 6. Give details on equity capital including other sources of financing: _______________________________________________ 7. Indicate bank references: ___________________________ _____________________________________________________ 8. Indicate details of business to be carried out: ____________ _________________________________________________ 9. Indicate if you: (a) Own petroleum tankers (If so, give details including permit numbers and capacity): __________________________ (b) Have contract arrangement with tanker owners (If so, give details including copies of any agreements): _____________ _____________________________________________________ 10. Give details of measures you have taken/you propose to take to ensure that the product you handle does not endanger life or pollute the environment: _____________________________________________________ 11. Any additional information that the applicant wishes to give: _____________________________________________________ (If space provided above is not adequate use plain paper where applicable and attach to this questionnaire) Name of Company: ___________________________________ Name and ID of Person signing the Declaration: _________________________________________________ Designation and telephone No.:____________________________ Signature & Stamp: ____________________________________ Date: _______________________________________________ SCHEDULE A PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM TANKER PERMIT (A separate application form must be completed in respect of each separate Tanker) 1. Name of applicant/proponent: __________________________ 2. Details of applicant/proponent: (a) Income Tax Personal Identification Number(s): _________________ ____________________________ (b) Postal address: ____________________________________ (c) Email Address : ___________________________________ (d) Site location : I. Plot No.: _________________________________________ II. Street/Market: ____________________________________ III. Town/County: ____________________________________ 3. Give full details of proprietors or partners owning business or directors/shareholders of the company, as the case may be: Name Nationality (Where applicable No. of shares held) ______________________________________________________ ____________________________________________________ (Any additional information should be submitted on a separate sheet of paper.) 4. Give full details of directors of the company: Name Nationality Passport/ ID No. ______________________________________________ ____________________________________________________ _ (Any additional information should be submitted on a separate sheet of paper) 5. Full description of the petroleum tanker: _____________________________________________________ _____________________________________________________ 6. Specify the carrying capacity of the tanker: _____________________________________________________ _____________________________________________________ _____________________________________________________ 7.Give details on equity capital including other sources of financing: _____________________________________________________ 8.Indicate bank references: _____________________________________________________ _____________________________________________________ 9. CONDITIONS FOR ISSUANCE OF A PETROLEUM TANKER PERMIT: Compliance with: (a) Energy Act 2006. (b) Environmental Management and Co-ordination Act, 1999 (c) Local Government Act. (d) Traffic Act (e) Relevant Kenya Standard on Petroleum Tankers Item Criteria Petroleum LPG 1 Application form Yes Yes 2 Proof of ownership of Tanker/vehicles Yes Yes 3 Certificate of tanker compliance with relevant Kenya Standard Yes Yes 4 Valid Tanker certificate from Fire department Yes Yes 5 Valid vehicle inspection certificate from MVI Yes Yes 6 Valid Tanker calibration (W&M) Yes Yes THE KENYA GAZETTE 20th April, 2012 1338 1338 (f) Any other subsidiary legislation regulations from the above Acts. 10. DECLARATION i. I/We have read and understood the relevant sections of the Energy Act, No. 12 of 2006 and the related petroleum rules and regulations, and agree to abide with them. ii. I/We hereby certify that the information given above is to my/our knowledge true and accurate. iii. I/We understand that it is an offence to give false information in an application for a petroleum tanker permit. iv. I hereby confirm that our Company/Business shall abide by the above terms and conditions with regard to operation of the petroleum transport. Name of Company: __________________________________ Name and ID No. of Person signing the Declaration: __________ Designation and telephone No.:___________________________ Signature & Stamp:__________________ Date: ______________ Email address: ______________________________________ 11. FOR OFFICIAL USE ONLY 1. Date application received: 2. Date of review: 3. Decision: 4. If application is deferred or rejected, date of letter advising applicant accordingly: 5. Permit details: No.: ___________ Date issued: __________ Expiry: date__________ SCHEDULE A: PART 2 INFORMATION AND DOCUMENTS TO ACCOMPANY APPLICATION FOR PETROLEUM TANKER PERMIT SCHEDULE A PART 3 THE ENERGY ACT, 2006 PETROLEUM TANKER PERMIT PERMIT NO. …………….. This petroleum tanker permit authorizes the transport of petroleum products (except LPG) in the tanker whose details appears below Tanker No. : ___________________________ Chassis No. : ___________________________ Maximum Capacity : ___________________________ This Permit expires on : ___________________________ Dated this: ______________________________ Signature: ______________________________ CHAIRPERSON Petroleum Licensing Committee SCHEDULE A PART 1 THE ENERGY ACT, 2006 APPLICATION FORM FOR A PETROLEUM ROAD TANKER DRIVER CERTIFICATE 1. Name of applicant: _________________________________ 2. Details of the applicant: (a) National Identification Number: ___________________ (b) PIN:_____________________________________________ (c) Passport Number (if any issued): ______________________ (d) Postal address: ____________________________________ (e) Level of Education: ________________________________ 3. Details of Driving License: a) License Number: _____________________________ b) Date issued: ______________________________________ c) Class of Vehicle for which license issued: ________________ 4. Driver Experience: a) Number of years experience driving under Class BCE license: _____________________________________________ b) Indicate number of years driving Petroleum tankers: _____ c) Indicate number of years driving LPG tankers: ___________ 5. Details of Employer (Petroleum Road Transportation Company): a) Petroleum Road Transportation License Number: _____ b) Date License Issued: ___________________________ 6. For Certificate renewal, indicate number and date of previous certificate issued: __________________________________________________ 7. (a)Has any previous application for a certificate by the applicant been rejected under the Act? (If so, give details):_________________________________________________ (b) Has any previous certificate in respect of the applicant been cancelled under the Act____________________________________ DECLARATION i. I hereby certify that the information given above is to my/our knowledge true and accurate. ii. I understand that it is an offence to give false information in an application for a petroleum tanker driver certificate 20th April, 2012 THE KENYA GAZETTE iii. I understand that it is a serious offence to divert into the Kenyan market petroleum products destined for export and will lead to cancellation of the petroleum tanker driver certificate. iv. I understand that it is a serious offence to engage in petroleum products adulteration, either directly or indirectly and that it can lead to cancellation of the petroleum tanker driver certificate. v. I understand that the tanker under my care shall load products only from those facilities licensed by the Commission under the Act Name of Applicant: __________________________________ ID No. of Applicant: ___________________________________ Postal Address: _______________________________________ Telephone Number: ____________________________________ Signature: ___________________________________________ Date: ________________________________________________ FOR OFFICIAL USE ONLY 1. Date Certificate application received: 2. Date of meeting of Petroleum Licencing Committee: _______________________________________ 3. Decision of Petroleum Licencing Committee: ________________________________________ Members present: Signature 1. 2. 3. 4. 4. If application is deferred or rejected, date of letter advising applicant accordingly: ________________________________ 5. Date of review of application: ________________________ Decision of Committee: ________________________ Members present: Signature 1. 2. 3. 4. 6. Certificate details: No.: ___________ Date issued: _____Expiry: date________ SCHEDULE A PART 2 THE ENERGY ACT, 2006 APPLICATION CRITERIA FOR A PETROLEUM ROAD TANKER DRIVER CERTIFICATE Item Description Petroleu m LPG 1 Application form Yes Yes 2 Certificate of formal education within minimum KCSE or equivalent Yes Yes 3 Valid driving license with more than four years experience (for Petroleum) Yes 4 Valid driving license with more than four years experience (for LPG) Yes 5 Professional drivers training certificate from a school approved by ERC Yes Yes 6 Basic Training on Handling of LPG Yes 7 Valid medical certificate indicating applicant is fit for the job Yes Yes 8 Valid certificate of good conduct from relevant authorities Yes Yes SCHEDULE D PART 3 THE ENERGY ACT, 2006 Appendix VI THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006 the Minister for Energy makes the following regulations: THE ENERGY (OPERATION OF COMMON USER PETROLEUM LOGISTICS FACILITIES) REGULATIONS, 2011. 1. These Regulations may be cited as the Energy (Operation of Common User Petroleum Logistics Facilities) Regulations, 2011. These Regulations shall come into operation upon their publication in the Gazette. 2. These Regulations shall not apply to: (a) Petroleum logistics facilities that are owned maintained or operated for private use of the owner or operator of the facilities. (b) The Kenya Defence Forces. In these Regulations, unless the context otherwise requires— ―Act‖ means the Energy Act, 2006; ―Commission‖ means the Energy Regulatory Commission established under section 4 of the Act. ―Common user petroleum logistics facilities‖ means petroleum logistics facilities owned or operated by a licensee for use exclusively by third party petroleum business licensees. ―Kenya Standard‖ means a specification or code of practice declared by the Council under section 9 of the Standards Act. ―Licence‖ means any document or instrument in writing granted under this Act by the Commission to any person authorizing the importation, exportation, refining, transportation, storage, distribution or sale of petroleum. PETROLEUM ROAD TANKER DRIVER CERTIFICATE Class: ……………. Number ________________ Name: ____________________________________ National ID No.: ____________________________ PIN NO.: __________________________________ This Certificate authorizes the Holder to drive a petroleum road tanker (Except LPG tankers). Date of Issue: Expiry Date: ________________ ____________ Director General, Energy Regulatory Commission THIS CERTIFICATE SHALL REMAIN VALID UPTO EXPIRY DATE INDICATED ON FRONT SIDE SUBJECT TO THE HOLDER BEING IN THE REGISTER MAINTAINED BY THE COMMISSSION AT www.erc.go.ke. THIS CERTIFICATE IS THE PROPERTY OF THE ENERGY REGULATORY COMMISSION AND SHOULD BE SURRENDERED ON EXPIRY, OR IF FOUND TO: ENERGY REGULATORY COMMISSION P.O. BOX 42681-00100 NAIROBI KENYA TEL +254-202847000/200, Fax: +254202717603 Cell: 0722200947: 0734414333 Email: infor@erc.go.ke THE KENYA GAZETTE 20th April, 2012 1340 1340 ‗‗Licensee‘‘ means any person holding a license granted by the Commission under the Act. ‗‗Minister‘‘ means the minister for the time being responsible for energy. ―Petroleum logistics facility‖ means any facility that is or can be used to receive, store, load, offload or transport petroleum and includes petroleum marine jetties, marine terminals, pipeline systems, and storage depots but does not include retail dispensing sites. ―Specifications‖ has the meaning assigned to it in section 2 of the Standards Act. ‗‗Tariff‘‘ means a written statement of rates, terms and conditions for services relating to use of petroleum logistics facilities approved by the Commission ―Tribunal‖ means the Energy Tribunal set up under section 108 of the Act. ―User‖ means a petroleum business licensee that has entered into a contract with an owner or operator of a common user petroleum logistics facility 5. A person shall not engage in the operation of a common user petroleum logistics facility except in accordance with the Act and the terms and conditions of a valid licence issued by the Commission or its agents. 6. (1) An operator of a common user petroleum logistics facility shall provide capacity that is sufficient and has geographic scope to meet in a cost effective manner the needs of petroleum business licensees. (2) An operator of a common user petroleum logistics facility shall operate and maintain the petroleum logistics facility in accordance with the requirements of the Energy Act, Physical Planning Act, Standards Act, Local Government Act, Environmental Management and Co-ordination Act, Occupational Safety and Health Act, Weights and Measures Act, Traffic Act, Customs and Excise Act and any other written law; (3) An operator of a common user petroleum logistics facility shall maintain its facility in a fully operational condition. 7. (1) An operator of a common user petroleum logistics facility shall provide access to all petroleum business licensees who desire to use its services on terms and conditions approved by the Commission or its agents. (2) Where capacity is limited an operator of a common user petroleum logistics facility shall allocate capacity among petroleum business licensees in proportion to market share provided that any unutilized capacity shall be reallocated on the basis of market share. 8. An operator of a common user petroleum logistics facility shall not discriminate between Users regarding access, tariffs, prices and conditions of service. 9. An operator of a common user petroleum logistics facility shall only charge the tariffs approved by the Commission or its agents. 10. (1) Subject to the right of lien of an operator of a common user petroleum logistics facility, the ownership of the petroleum tendered for the provision of the logistics services shall at all times remain vested in the User. (2) An operator of a common user petroleum logistics facility shall have custody and be responsible for the User‘s petroleum from the time of reception into the facility to the time it is delivered to the User. 11. A licensee of a common user petroleum logistics facility shall allow interconnections with the facilities of another licensee, provided that the interconnections are technically feasible. 12. A licensee of a common user petroleum logistics facility shall only deal with other persons in possession of valid petroleum business licences, permits or certificates issued by the Commission or its agents. 13. (1) A person may lodge a complaint with the Commission if aggrieved by discrimination regarding tariffs or terms and conditions of service. (2) A complaint contemplated under this Regulation shall be submitted in the manner prescribed by the Act and these Regulations and shall be accompanied by: (a) Any information in support of the complaint; and (b) A description of efforts made to resolve the dispute before making the complaint to the Commission. (3) The Commission or its agents shall determine a complaint in any matter falling within the ambit of the Act. 14. A person aggrieved by the decision of the Commission or its agents on a complaint may appeal to the Tribunal. 15. (1) A petroleum business licensee wishing to access a common user petroleum logistics facility shall contract with the common user petroleum logistics facility operator in respect to the logistics services. (2) A contract between licensees and the operator of a common user petroleum logistics facility shall be subject to approval by the Commission or its agents. 16. Any person who contravenes any of the above regulations commits an offence under Section 80(5) of the Act and shall on conviction be liable to a fine not exceeding one million shillings or to a maximum term of imprisonment of one year, or both such fine and imprisonment. Appendix VII THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of the powers conferred by section 102 of the Energy Act, 2006 the Minister for Energy makes the following regulations: THE ENERGY (OPERATION OF MARINE PETROLEUM JETTIES) REGULATIONS, 2011 1. These Regulations may be cited as the Energy (Operation of Marine Petroleum Jetties) Regulations, 2011. 2. These Regulations shall come into operation upon their publication in the Gazette. 3.These Regulations shall not apply to the Kenya Defence Forces. 4.In these Regulations, unless the context otherwise requires- ―Act‖ means the Energy Act, 2006; ―Commission‖ means the Energy Regulatory Commission. ‗Crude oil‘‘ means natural mineral oil, including condensate, but excluding petroleum products. ―Kenya Standard‖ means a specification or code of practice declared by the Council under section 9 of the Standards Act. ―Licence‖ means any document or instrument in writing granted under this Act by the Commission to any person authorizing the importation, exportation, refining, transportation, storage, distribution and sale of petroleum. ‗‗Licensee‘‘ means any person holding a licence granted by the Commission. ―Marine petroleum jetty‖ means port berthing facilities for the reception and back loading of petroleum. ‗‗Open tendering system‖ means a system of competitive bidding which applies to the importation into Kenya of crude oil and petroleum products as prescribed by the Minister from time to time. ―Specifications‖ has the meaning assigned to it in section 2 of the Standards Act. 20th April, 2012 THE KENYA GAZETTE 5. (1) A marine petroleum jetty owner or operator shall provide facilities for the reception and back loading of petroleum that have the capacity and scope to meet in a cost effective manner the needs and requirements of petroleum business licensees. (2) The owner or operator of a marine petroleum jetty shall operate and maintain the jetty in accordance with the requirements of the Energy Act, Physical Planning Act, Standards Act, Local Government Act, Environmental Management and Co-ordination Act, Occupational Safety and Health Act, Kenya Maritime Authority Act, Merchant Shipping Act, Weights and Measures Act, Custom and Excise Act and any other written law; (3) A marine petroleum jetty operator licensee shall maintain its facilities in fully operational condition. 6. A marine petroleum jetty operator shall give access to petroleum business licensees and petroleum refining licensees on the basis of agreed schedules between the operator of the jetty and the petroleum business licensees and petroleum refining licensees provided that priority of access for reception of import cargo is given to the successful bidder for the crude oil import tenders and petroleum product import tenders under the terms and conditions of the Open Tendering System. 7. A marine petroleum jetty operator shall not discriminate between importers or exporters regarding access, tariffs, prices and conditions of service. 8. (1) A person who is aggrieved by a decision or action of the operator of a marine petroleum jetty may lodge a complaint with the Commission or its agents. (2) A complaint contemplated under this Regulation shall be submitted in the manner prescribed by the Act and these Regulations and shall be accompanied by: (a) Any information in support of the complaint; and (b) A description of efforts made to resolve the dispute before making the complaint to the Commission or its agents. (3) The Commission or its agents shall determine a complaint in any matter falling within the ambit of the Act. (4) A person aggrieved by the decision of the Commission or its agents on a complaint may appeal to the Tribunal. 9. (1) A marine petroleum jetty licensee may enter into contractual arrangements with petroleum business licensees regarding the marine petroleum jetty services. (2) The contractual arrangements between a marine petroleum jetty licensee and petroleum business licensees shall be subject to the approval of the Commission or its agents. 10. Any person who contravenes any of the above regulations commits an offence under Section 80(5) of the Act and shall on conviction be liable to a fine not exceeding one million shillings or to a maximum term of imprisonment of one year, or both. Appendix VIII THE ENERGY ACT, 2006 (No. 12 of 2006) IN EXERCISE of powers conferred by Section 102 of the Energy Act 2006, the Minister for Energy makes the following Regulations: THE ENERGY (PETROLEUM INFORMATION AND STATISTICS) REGULATIONS, 2011 1. These Regulations may be cited as the Energy (Petroleum Information and Statistics), Regulations 2011. 2. These regulations will come into operation on the date on which they are published in the Gazette. 3. These Regulations shall not apply to the Kenya Defence Forces. 4. In these Regulations, unless the context otherwise requires— ―Act‖ means the Energy Act. ―Commission‖ means the Energy Regulatory Commission. ―Licence‖ means any document or instrument in writing granted under this Act by the Commission to any person authorizing the importation, exportation, refining, transportation, storage, distribution and sale of petroleum. ‗‗Licensee‘‘ means any person holding a license granted by the Commission. ‗‗Minister‘‘ means the minister for the time being responsible for energy. 5. A petroleum business licensee shall submit information required by the Commission in the format and within the period prescribed by the Commission or its agents. 6. A petroleum business licensee engaged in the importation of petroleum shall submit to the Commission or its agents the following information: (a) the quantity of petroleum products imported each month for consumption in Kenya by type, country of origin and point of entry; (b) quantity of petroleum products sold in each month specifying the type of product sold and its consumer category; (c) quantity of petroleum exported each month specifying the type of petroleum and its destination; (d) quantity of foreign financed transit petroleum products received and transferred specifying the destination and exit point; and (e) stocks of petroleum products held for consumption in Kenya at the end of the month by product type and the storage facility in which it is held. 7. A petroleum refining business licensee shall submit the following information to the Commission or its agents: (a) quantity of crude oil imported during the month by type, origin and importer; (b) quantity of crude oil refined during the month, the yields of petroleum products obtained and the deliveries made; (c) stocks of crude oil and petroleum products at the end of the month by type and owner; 8. A petroleum storage facility business licensee shall submit information to the Commission or its agents relating to the opening and closing stocks, receipts and deliveries of petroleum products by type for the month. 9. The information required under regulations 6, 7 and 8 above shall be submitted not later than the 15th day of the month following the month to which it relates. 10. All persons engaged in any undertaking or activity pursuant to a licence or a permit under this Act shall, within forty eight (48) hours, notify the Commission or its agents in writing, in the form and manner prescribed by the Commission or its agents, of any accident or incident causing loss of life, personal injury, explosion, oil spill, fire or any other accident or incident causing significant harm or damage to the environment or property which has arisen in Kenya or within Kenya‘s Exclusive Economic Zone or Outer Continental Shelf. 11. The Commission or its agents may require a petroleum business licensee to submit any other information not covered under the above categories. 12. Where the Commission or its agents has prescribed a format for the submission of information, the data and information specified in these Regulations shall be submitted in such format. 13. (1) The Commission or its agents shall maintain a data base of information and for this purpose shall keep records of the information provided under these Regulations in such format as it shall determine. Data maintained by the Commission or its agents shall be made available to the public on such reasonable charges as the Commission or its agents may determine. (3) The Commission or its agents shall publish an annual report including an analysis of trends and developments based on the information drawn from its database and other sources. THE KENYA GAZETTE 20th April, 2012 1342 1342 14. The Commission or its agents may suspend or revoke the licence of any person who deliberately fails, refuses or neglects to submit data and information as required under these Regulations or who deliberately or persistently submits false information. 15. (1) Any person who deliberately gives false information to the Commission or any of its officers or agents commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. (2). Any person who deliberately fails, refuses or neglects to submit data and information as required under these Regulations commits an offence and shall be liable on conviction to a fine not exceeding one million Kenya shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. 16. The Petroleum (Amendment) Rules, 2002 are hereby revoked. KABURU MWIRICHIA, Director General, MR/9598715 Energy Regulatory Commission.