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Traffic Act Cap 403 No 37and 38of 2012Amendments - as Plain Text by MWakili

LAWS OF KENYA The Traffic acT Chapter 403 Revised Edition 2012 (2010) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

403 Trafc [Rev.

2012 CHAPTER 403 THE TRAFFIC ACT ARRANGEMENT OF SECTIONS Section Part I PrelImInary 1Short title.

2Interpretation.

3Appointment of ofcers.

4Classication of vehicles.

Part II - regIstratIon of VehIcles 5Records of vehicles.

5AUse of information technology.

5BApplication to use of computerized motor vehicle registration system.

5CCancellation of registration of registered user.

5DUnauthorized access to computerized Motor vehicle registration system.

5EInterference with computerized motor vehicle registration system.

6Motor vehicles and trailers to be registered.

6ARelocation of motor vehicles.

7Inspection fee.

8Owner of vehicle.

9Change of ownership.

10No registration of motor vehicles exported or imported unlawfully.

11Vehicles may be exempted from registration.

12Vehicles to carry identication plates.

13Production of registration book.

14Penalties under this Part.

Part III - lIcensIng of VehIcles 15Motor vehicles and trailers to be licensed.

16Application for licence.

17Conditions for issue of licence.

17AVehicle inspection certicates.

18Form of licences.

19Fees and duration of licences.

20Licence to be carried on vehicle.

Rev.

2012] Trafc CAP.

403 3 21Duplicate licences.

22New licence to be applied for in certain circumstances.

23Dealers general licence.

24Use of dealers general licence.

25Duration of dealers general licence.

26Cancellation of dealers general licence.

27Dealers general licence not to be transferred without authority.

28Recovery of licence fees by civil process.

29Penalties under this Part.

Part IV DrIVIng lIcences 30Drivers to be licensed.

31Conditions for granting of driving licence.

32Provisional driving licence.

33Driving licence not to be granted to persons under certain ages.

34Form of application.

35Issue of driving licences to members of armed forces.

36Production of driving licence on demand.

37Form of driving licence.

38Duplicate licences.

39Driving tests.

40Revocation, etc., of driving licences upon application by police.

41Penalties under this Part.

Part V DrIVIng anD other offences relatIng to the Use of VehIcles on roaDs 42 Speed of motor vehicles.

43Penalties in relation to speed.

44Driving under inuence of drink.

45Prohibition of drinking when driving or in charge of public service vehicle.

45ADriving on pavement, pedestrian walkway, etc.

46Causing death by driving or obstruction.

47Reckless driving.

48Power to convict for reckless or dangerous driving on trial for manslaughter or for causing death by driving or obstruction.

49Driving without due care and attention.

50Warning to be given before prosecution.

51Only proper fuel to be used in motor vehicles.

52Signals and signs to be obeyed.

52AOffences relating to parking bays and areas where no charges are made.

4 CAP.

403 Trafc [Rev.

2012 52BParking of vehicles carrying explosives, petroleum, etc.

53Obstruction.

54Racing, pacemaking and trial of speed.

55Condition of vehicles.

56Limitation of loads.

57Exemptions.

58Penalty for improper condition or overloading.

59Obstructing driver of motor vehicle.

60Restrictions on pillion riding.

61Riding in dangerous position.

62Restrictions on persons being towed.

63Causing damage to motor vehicle.

64Tampering with motor vehicle.

65Taking motor vehicle without consent.

66Unattended motor vehicles.

66A Maximum driving hours.

66B Disqualication on third endorsement in three years.

67 Penalties under this Part.

Part VI regUlatIon of traffIc 68 Highway Code.

69 Power to regulate trafc.

69AMounting of roadblocks.

70 Trafc signs.

71 Closure of roads.

72 Injury to bridges.

Part VIa DesIgnateD ParkIng Places 72A Power to make by-laws for designated parking places.

72B Charges for use of designated parking places.

72C Supplemental provisions regarding excess charges.

72D Exceptions.

72E Meters may be taken out of use.

72F Duty of local authority concerning parking meters.

72G Offences concerning designated parking places.

72H Protection of local authority.

72I Interpretation of this Part.

Part VIB ParkIng elsewhere than In DesIgnateD ParkIng Places 72J Power to make by-laws for parking elsewhere than in designated parking places.

Rev.

2012] Trafc CAP.

403 5 Part VII accIDents 73 Duty to stop and report.

74 Inspection of vehicle involved in an accident.

75 Penalties under this Part.

Part VIII sUsPensIon, cancellatIon anD enDorsement of DrIVIng lIcences 76 Powers of court.

77 Right of appeal.

78 Cancellation of driving licence.

79 Production of driving licence for endorsement.

80 Custody of licence while suspended or cancelled.

81 Fraudulent application for driving licence.

82 Particulars of endorsement to be inserted in new licence.

83 Applying for licence without disclosing endorsement.

84 Issue of new licence free from endorsement.

Part IX offences By DrIVers of VehIcles other than motor VehIcles anD other roaD Users 85Driving under inuence of drink.

86Reckless driving.

87Careless driving 88Carelessness while in charge of animals.

89Restrictions on riding bicycles.

Part X mIscellaneoUs ProVIsIons as to roaDs 90 Offences in connexion with roads.

91 Encroachment on and damage to roads.

92 Prohibition on use of tracked vehicles, etc.

93 Non-liability of highway authority for damage.

94 Penalties under this Part.

Part XI PUBlIc serVIce VehIcles 95 Public service vehicles to be licensed.

96 Application for public service vehicle licence.

97 Issue and conditions of licence.

98 Drivers and conductors to be licensed.

99 Power to cancel or suspend licence.

100 Passengers and loads.

101 Non-payment of fare.

102 Regulation of public service vehicles.

6 CAP.

403 Trafc [Rev.

2012 103 Touting.

103AUniforms and special badge.

103BHelmets and reector jackets.

103CUnauthorised driving.

104 Penalties under this Part.

Part XII general 105 Inspection of vehicles.

105A-Driver of a public service vehicle to undergo tness test.

106 Removal of vehicles from road.

107 Detention of vehicles.

108 Certicate of inspector to be admissible in evidence.

109 Certied extract from records to be admissible in evidence.

110 Owner or other person to furnish name and address of driver of vehicle.

111 Owner to keep list of drivers employed.

112 Verication of facts.

113 Giving false information.

114 Fraudulent imitation, etc., of documents.

115 Endorsements of licence to be proof of conviction.

116 Notice to attend court.

117 Minor trafc offences.

117APreparation of summary document.

117AAssignment of demerit points on conviction for certain offences.

117B Ofcer Commanding Police Division to be in charge of Trafc matters.

118General penalty.

118A Local authority may make by-laws regulating taxicabs, etc.

119 Rules.

120 Power to suspend and exempt from provisions.

Rev.

2012] Trafc CAP.

403 7 CHAPTER 403 39 of 1953, 39 of 1956, 14 of 1958, 52 of 1959, THE TRAFFIC ACT 14 of 1960, 24 of 1960, 14 of 1962, L.N.

242/1964, 9 of 1967, 8 of 1968, Commencement: 1st January, 1954, 13 of 1968, 38 of 1968, 5 of 1971, 14 of 1971, Commencement: 1st December, 2012, 13 of 1972, 4 of 1974, Commencement: Section 9 1st January, 2013, 16 of 1977, 13 of 1980, Commencement: Section 16 and 105A 1st July, 2013.

14 of 1982, 19 of 1982, 11 of 1983, 10 of 1984, 1 of 1986, 20 of 1989, AnActofParliamenttoconsolidatethelawrelatingtotrafcontheroads.

14 of 1991, L.N 187 / 1994, L.N.

290 /1994, L.N.

352/1995, L.N.

3 93/1995, L.N.

12 6/1996, L.N.

127/1996, L.N.

130/1996, L.N.

163/1997, L.N.

164/1997, L.N.

112/1999, L.N.

119/2001, L.N.

1 59/2001, L.N.

103/2002, L.N.

104/2002, L.N.

105/2002, L.N.

132/2002, L.N.

161/2003, L.N.

179/2003, L.N.

83/2004, L.N.

97/2004, L.N.

65/2005, L.N.

55/2006, L.N.

56/2006, L.N.

57/2006, L.N.

111/2006, L.N.

33/2007, L.N.

88/2007, L.N.

89/2007, L.N.

145/2007, 2 of 2007, 9 of 2007, 8 of 2008, 8 of 2009.

10 of 2010, 4 of 2012, Part I - PrelImInary 33 of 2012, 37 of 2012, 38 of 2012.

Short title.

1.This Act may be cited as the Trafc Act.

Interpretation.

2.In this Act, unless the context otherwise requires - 52 of 1959, s.

2, 13 of 1972, Sch., "Authority" means the National Transport and Safety Authority 10 of 1984, s.

2, established under the National Transport and Safety Authority Act; 1 of 1986, s.

3, 2 of 2007, Sch., bicycle means any bicycle or tricycle not self-propelled; L.N.

83/2004, LN.

97/2004, 4 of 2012, s.

27.

cattle includes oxen, bulls, cows, horses, camels, mules, asses, 33 of 2012, s.

62.

sheep, goats and swine; certifying ofcer means the person appointed to be the certifying ofcer under subsection (2) of section 3; commercial vehicle means a motor vehicle constructed or adapted for the carriage of goods or burdens of any description in connexion with any trade, business or agriculture, but does not include 8 CAP.

403 Trafc [Rev.

2012 any type or class of motor vehicle which the Authority may, by notice in the Gazette, declare not to be commercial vehicles for the purposes of this Act; computerized motor vehicle registration system means any software or hardware for use in storing, retrieving, processing or disseminating information relating to registration records of motor vehicles and trailers, the licensing of drivers, and the keeping of such records in relation thereto as are required by this Act.

dealer means any person who deals by way of business in motor vehicles or trailers; dealers general licence means a licence issued under section 23; deregistration certicate means a deregistration certicate issued under section 6A(2); drive, in relation to a motor vehicle, includes the steering of a motor vehicle; driver means any person who drives or guides, or is in actual physical control of, any vehicle or cattle on any road; driving licence means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by any rules made under this Act; driving test examiner means any person appointed to be a driving test examiner under subsection (3) of section 3: 2 of 2007, Sch.

heavy commercial vehicle means a commercial vehicle whose tare weight exceeds six thousand seven hundred and twenty pounds; highway authority means the Minister for the time being responsible for public roads or any other Authority or body to whom the Minister delegates powers subject to such terms and conditions as he may deem appropriate.

information technology means any equipment or software for use in storing, retrieving, processing or disseminating information; inspection certicate means a certicate afxed to a vehicle under section 17A; inspector means any person appointed to be an inspector of vehicles under subsection (3) of section 3; Rev.

2012] Trafc CAP.

403 9 invalid carriage means a motor vehicle specially designed and constructed for the use of persons suffering from some physical defect or disability; licensing ofcer means a licensing ofcer appointed under section 3; manufacturer means a manufacturer of motor vehicles and trailers; matatu means a public service vehicle having a seating accommodation for not more than twenty-ve passengers exclusive of the driver, but does not include a motor car; motor car means a motor vehicle having seating accommodation for not more than ten passengers excluding the driver, but does not include a motor cycle; motor cycle means a motor vehicle with less than four wheels the weight of which unladen does not exceed eight hundredweights; motor omnibus means a public service vehicle having seating accommodation for more than twenty-ve passengers exclusive of the driver; motor vehicle means any mechanically propelled vehicle, excluding any vehicle running on a specially prepared way such as a railway or tramway or any vehicle deriving its power from overhead electric power cables or such other vehicles as may from time to time by rules under this Act be declared not to be motor vehicles for the purposes of this Act; owner, in relation to a vehicle which is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement; plying for hire includes - (a) standing on any public taxi stand; (b) being offered for hire by any notice, advertisement or announcement; (c) standing or travelling whilst exhibiting a For Hire notice of any kind; provisional licence means a licence issued under section 32; 10 CAP.

403 Trafc [Rev.

2012 private hire vehicle means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, such vehicle not being a taxicab or matatu; public service vehicle means any motor vehicle which - (a) is licensed under Part XI to carry passengers for hire or reward; or (b) plies for hire or reward or is let out for hire or reward; or (c) is carrying passengers for hire or reward; registration certicate means a certicate issued under section 6(5); Cap.

399.

road means any public road within the meaning of the Public Roads and Roads of Access Act, and includes any other road or way, wharf, car park, footpath or bridlepath on which vehicles are capable of travelling and to which the public has access; tare weight means the weight of a vehicle when unladen, inclusive of the weight of the body and all parts (the heavier being taken when alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when used on the road; taxicab means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, which is registered under any by-laws relating to the licensing and operation of taxicabs to ply for hire from a taxi rank or other public place within the area where such by-laws are in force; tractor means a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers; trailer means any vehicle designed to be drawn by a motor vehicle, but does not include a sidecar attached to a motor cycle; trafc signs means any sign, notice, signal, light or other device erected or in any way displayed by or with the consent of the highway authority, for the purpose of regulating, restricting or prohibiting trafc and vehicles of any kind, on a road: Provided that all trafc signs shall conform to any regulations as to size, colour and type which may be prescribed by rules made under this Act; vehicle includes a motor vehicle, a trailer and any other conveyance used on a road.

Rev.

2012] Trafc CAP.

403 11 Appointment of 3.(1) The Authority shall be responsible for the registration and ofcers.

licensing of motor vehicles and trailers and for the licensing of drivers, 52 of 1959, s.

3, and for the keeping of such records in relation thereto as are required L.N.

242/1964, by this Act.

33 of 2012, s.

62.

(2) The Authority shall appoint such licensing ofcers as may be necessary for the carrying out of the provisions of this Act.

(3) The Minister shall, by notice in the Gazette, appoint - (a) a certifying ofcer, who shall perform such duties under this Act and any rules made thereunder in relation to the examination of vehicles as the Minister may direct, and for the purpose of performing such duties the certifying ofcer shall have and may exercise the powers of an inspector under this Act; and (b) such inspectors and driving test examiners as may be necessary for carrying out the provisions of this Act.

Classication.

4.For the purposes of this Act, motor vehicles shall be divided 10 of 1984, s.

3, into the following classes - 33 of 2012, s.

62.

(a) motor omnibuses; (b) heavy commercial vehicles; (c) commercial vehicles; (d) tractors; (e) motor cars; (f) motor-cycles not exceeding fty cubic centimetres engine capacity; (g) motor-cycles exceeding fty cubic centimetres engine capacity; (h) invalid carriages; (i) special types of motor vehicles for which special authorization is required from the Authority before such vehicles can be registered or used on a road; and (j) matatus.

Part II - regIstratIon of VehIcles Records of vehicles.

5.(1) The Authority shall keep records of all motor vehicles and 33 of 2012, s.

62.

trailers registered in Kenya, and shall cause every licensing ofcer to keep records of all vehicles registered by him.

(2) Vehicle records maintained by the Authority shall be open for inspection by any police ofcer or collector of customs who shall be entitled to a copy of any entry in such records free of Charge.

12 CAP.

403 Trafc [Rev.

2012 (3) Any person who satises the Authority that he has reasonable cause therefor shall be entitled on payment of the prescribed fee to a copy of any entry in such vehicle records.

5A.(1) Subject to such conditions as the Registrar may prescribe, Use of information registration, licensing or any formalities and procedures under this Act technology.

may be carried out by use of information technology.

4 of 2012 , s.

28.

(2) For the purposes of subsection (1), the Registrar may, by notice in the Gazette, specify (a) the procedures which may be carried out by use of information technology; and (b) the persons authorized to carry out such formalities using information technology.

Application to use of 5B.(1) A person who wishes to be registered as a user of a computerized motor computerized motor vehicle registration system may apply in writing vehicle registration to the Registrar who may system.

4 of 2012 , s.

28.

(a) grant the application subject to such conditions as he may impose; or (b) reject the application.

(2) A person shall not access, transmit to, or receive information from, a computerized motor vehicle registration system unless that person is a registered user of the system.

5C.

The Registrar may, at any time, cancel the registration of a Cancellation of registered user of a computerized motor vehicle registration system if registration of satised that the user has registered user.

4 of 2012 , s.

28.

(a) failed to comply with a condition of registration imposed by the Registrar under section 3; (b) failed to comply with, or has acted in contravention of, any condition under the rules; or (c) been convicted of an offence under this Act relating to improper access to, or interference with a motor vehicle computerized system.

Unauthorized access 5D.

(1) A person commits an offence if the person - to computerized Rev.

2012] Trafc CAP.

403 13 (a) knowingly and without lawful authority, by any means gains Motor vehicle registration system.

access to or attempts to gain access to any computerized 4 of 2012 , s.

28.

motor vehicle registration system; or (b) having lawful access to any computerized motor vehicle registration system, knowingly uses or discloses information obtained from such system for a purpose that is not authorized; or (c) knowing that he is not authorized to do so, receives information obtained from any computerized motor vehicle registration system and uses, discloses, publishes, or otherwise disseminates such information.

(2) A person who commits an offence under subsection (1) shall be liable on conviction- (a) in the case of an individual, to imprisonment for a term not exceeding two years, or to a ne not exceeding four hundred thousand shillings, or to both; or (b) in the case of a body corporate, to a ne not exceeding one million shillings.

Interference with 5E.A person commits an offence if the person knowingly- computerized motor (a) falsies any record or information stored in any computerized vehicle registration system.

4 of 2012 , s.

28.

motor vehicle registration system; (b) damages or impairs any computerized motor vehicle registration system; or (c) damages or impairs any duplicate tape or disc or other medium on which any information obtained from a computerized motor vehicle registration system is held or stored, otherwise than with the permission of the Registrar, and shall be liable on conviction to a ne not exceeding eight hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

6.(1) No person shall possess a motor vehicle or trailer, other Motor vehicles than a vehicle exempted from the provisions of this Part, unless such and trailers to be vehicle is registered under this Act.

registered.

52 of 1959, s.

4, 14 of 1982, s.

26, (1A) No motor vehicle imported for home use shall be used on a9 of 2007, s.

42, road unless it is registered: 14 CAP.

403 Trafc [Rev.

2012 8 of 2008, s.

44, 8 of 2009, s.

38, Provided that a commercial vehicle which requires inspection 10 of 2010, s.

38, shall be inspected and registered within thirty days of release by the 33 of 2012, s.

62, customs.

38 of 2012, s.

(2) Application for the registration of any vehicle shall be made to a licensing ofcer in the prescribed form, and shall be accompanied by the prescribed fee.

(3) A licensing ofcer, before he registers any motor vehicle or trailer, may verify all the particulars in the form of application, and may, if he thinks t, send the vehicle to an inspector for examination in order to satisfy himself that the vehicle is in at and proper condition for the purpose for which it is intended to be used and to conform in all respects to the provisions of this Act.

(4) If any application is made to register any commercial vehicle or trailer the load capacity of which has not been declared by the manufacturers of the chassis, a licensing ofcer shall not register the vehicle or trailer until an inspector has determined its load capacity; and the determination shall be nal.

(5) A licensing ofcer, on being satised as to the accuracy of the particulars contained in a form of application for the registration of a vehicle, shall assign the vehicle a registration number, which shall be the identication mark of the vehicle; the licensing ofcer shall enter the particulars of the vehicle in the records of the Authority and shall issue to the owner of the vehicle a registration certicate, which certicate, or a duplicate thereof, shall be proof of registration of the vehicle.

(5A) Where a vehicle ceases to be used on the road, the owner shall forthwith return the registration certicate issued under this Act to the Registrar of Motor Vehicles for cancellation.

(6) If a registration certicate has been lost, destroyed or defaced or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Authority, if satised as to such loss, destruction, defacement or illegibility, shall, upon payment of the prescribed fee, issue a duplicate registration certicate: Provided that any registration certicate which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.

(7) In the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the owner of the Rev.

2012] Trafc CAP.

403 15 vehicle shall inform the Authority of such change and shall forward to him the registration certicate in order that it may be amended together with the prescribed fee, and shall supply the Registrar with any further information which he may require.

(8) If the licensing ofcer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered under this Part, or is of a type so registered but constructed according to different specications, he may refuse to register the vehicle or trailer until plans or specications thereof have been submitted to and approved by the Authority.

(9) If a vehicle is written off by an insurer, the insurer shall forthwith return the registration book and identication plates issued under this Act or the regulations to the Registrar for cancellation.

(10) The Registrar may, where he has reasonable grounds to believe that a motor vehicle has been registered in error, fraudulently or in any manner contrary to the provisions of this Act, withdraw the registration of the motor vehicle.

(11) Where the registration of a motor vehicle is withdrawn under subsection (10)- (a) the owner shall forthwith return the registration book and identication plates to the Registrar for cancellation; and (b) the Registrar may cause to be published in the Gazette or in a daily newspaper of national circulation all the details of the motor vehicle and forward the details to the Commissioner of Customs services or the Inspector-General of the Police who shall seize and detain the motor vehicle.

6A.(1) Where the owner of a motor vehicle intends to move the Relocation of motor motor vehicle permanently to a place outside Kenya, the owner shall vehicles.

forthwith, return the identication plates and registration certicate 4 of 2012 , s.

29.

issued under this Act in respect of the motor vehicle to the Registrar fof cancellation.

(2) The Registrar shall, after cancelling the registration certicate returned under subsection (1), issue a deregistration certicate to the registered owner in such form as may be prescribed.

7.The owner of a vehicle which is required under this Part to be Inspection fee.

inspected shall, before the inspection is carried out, pay to a licensing 52 of 1959, s.5.

ofcer the fee prescribed therefor.

16 CAP.

403 Trafc [Rev.

2012 Owner of vehicle.

8.The person in whose name a vehicle is registered shall, unless the contrary is proved, be deemed to be the owner of the vehicle.

Change of 9.(1) No motor vehicle or trailer the ownership of which has been ownership.

transferred by the registered owner shall be used on a road for more 8 of 2009, s.

39, than fourteen days after the date of such transfer unless the new owner 10 of 2010, s.

39.

is registered as the owner thereof.

4 of 2012 , s.

30, 33 of 2012, s.

62, (2) Upon the transfer of ownership of a motor vehicle or trailer, 38 of 2012, s.

the registered owner thereof shall, within seven days from the date of the transfer, in the prescribed form of the sale or disposition, name, postal and email addresses and telephone number of the new owner, the mileage recorded on the mileage recorder (if any), of the motor vehicle, and such other particulars as may be prescribed, and shall deliver the registration book in respect of such vehicle to the Registrar together with the transfer fee, whereupon the vehicle shall be registered in the name of the new owner: Provided that, where in any case the registered owner of a motor vehicle fails to comply with the provisions of this subsection, the Authority may, on being satised that the registered owner has died, left Kenya, cannot be traced, or has refused to comply with the provisions of this subsection, cause the vehicle to be registered in the name of the new owner on payment of the prescribed fee.

(2) (Deleted by 8 of 2009, s.

39).

(3) Subsections (1) and (2) shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.

(4) Application for registration of a new owner may be made before the actual transfer of the vehicle, but the registration of a new owner shall not be effective until the registration certicate has been surrendered to and reissued by the Authority.

(5) Subsection (1), (2) and (4) shall not apply to any change of possession of a vehicle which occurs by reason of the vehicle being lawfully seized under a hire -purchase agreement, but in such event the following provisions shall apply - (a) the registered owner or his representative shall, within fourteen days of the seizure, deliver the registration certicate to the person who has seized the vehicle, and inform the Authority in writing of the change of possession; Rev.

2012] Trafc CAP.

403 17 (b) such person shall, within fourteen days of receiving the registration certicate, apply to the Authority to be registered as the owner thereof in place of the registered owner, and shall on payment of the prescribed fee be registered accordingly.

(6) On the registration of a new owner, the Authority shall make the necessary alterations to the registration book, and shall deliver the amended registration book to the new registered owner and may, if it considers it t, issue a new registration book.

No registration 10.Notwithstanding the provisions of this Act, a licensing of motor vehicles ofcer shall not register a motor vehicle unless the owner of the vehicle exported or imported satises him - unlawfully.

(a) that the vehicle has been lawfully exported from its country of origin or the country in which it was last registered, and that such owner is in possession of any export permit in relation to the export of the vehicle required by the law of the country of origin or of last registration; and (b) that the vehicle has been lawfully imported into Kenya.

Vehicles may be 11.The Minister may, by notice in the Gazette, exempt any exempted from vehicle, class or description of vehicle from the provisions of this Part.

registration.

L.N.

242/1964.

Vehicles to carry 12.(1) No motor vehicle or trailer registered under this Act or identication plates.

driven under the authority of a general dealers licence shall be used 4 of 1974, Sch., on a road unless there is xed thereto in the prescribed manner the 10 of 2010, s.

40.

prescribed number of identication plates of the prescribed design and colour on which is inscribed the identication mark of the vehicle or of the general dealers licence: Provided that identication plates used under the authority of a general dealers licence may be suspended from the vehicle and not xed.

(1A) Where a motor vehicle ceases to be used on the road, the owner shall forthwith surrender the identication plates to the Registrar of Motor Vehicles for cancellation.

(2) (Deleted by 4 of 1974, Sch.).

Production of 13.The owner of a vehicle shall, when requested by a police registration book.

ofcer, produce for inspection, either immediately to the police ofcer or 10 of 2010, s.

41.

within ve days of the request being made, at a police station nominated 18 CAP.

403 Trafc [Rev.

2012 by the owner, the registration certicate issued in respect of the vehicle.

Penalties under Part.

14.Any person who contravenes or fails to comply with any 38 of 2012, s.

of the provisions of this Part shall be guilty of an offence and liable on rst conviction to a ne not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a ne not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or to both.

Part III - lIcensIng of VehIcles Motor vehicles and 15.(1) No person shall own or possess a motor vehicle or trailer, trailers to be licensed.

or use it on a road, unless such vehicle or trailer is licensed under and 14 of 1958, s.

2, in accordance with this Part.

L.N.

242/1964, 33 of 2012, s.

62.

(2) Where the owner or person in possession of a motor vehicle or trailer gives written notice to the Authority that for a stated period he does not intend that it shall be used on any road, or where he satises the Authority that for a stated period such vehicle or trailer was not used on any road, he shall not, after the receipt of such notice by the Authority or, as the case may be, after the Authority is so satised, be liable to conviction under or by virtue of this section by reason only of his ownership or possession of the vehicle or trailer during the stated period.

(3) The Minister may by notice in the Gazette exclude any vehicle, or any class or description of vehicle, from the operation of all or any of the provisions of this Part.

Application for 16.

(1) An application for a license under this Part shall be made to a licensing ofcer in the prescribed form accompanied by the fee licence.

payable and the vehicle registration book.

38 of 2012, s.

(2) Every vehicle more than four years old from the recorded date of manufacture shall be subjected to inspection by the motor vehicle inspection unit.

Conditions for issue 17.(1) A licensing ofcer shall issue a licence only if he is of licence.

satised- 52 of 1959, s.

6, (a) that the vehicle is duly registered; and 13 of 1980, Sch.

(b) that the particulars in the registration book are correct; and (c) that the vehicle is insured against third party risks in Cap.

405.

accordance with the provisions of the Insurance (Motor Vehicles Third Party Risks) Act; and (d) that the licence in respect of such vehicle has not been cancelled under subsection (3) of section 58.

Rev.

2012] Trafc CAP.

403 19 (2) Before issuing a licence in respect of any motor vehicle or trailer of a class prescribed for the purposes of this subsection, a licensing ofcer shall require the applicant to produce an inspection report showing that the vehicle or trailer has been examined by an inspector during the months immediately preceding the commencement of the licence and that the vehicle or trailer complies with the provisions of this Act and of any rules made thereunder: Provided that no such inspection report shall be required in the case of a vehicle which is intended to be used as an omnibus and in respect of which a certicate of tness issued under paragraph (g) of subsection (3) of section 96, and dated not earlier than ten months before the commencement of the licence, is produced.

(3) Where under this section the owner of any vehicle or trailer is required to have it examined by an inspector, he shall make application in the prescribed form, paying such fee as may be prescribed, and thereupon an inspector shall examine the vehicle or trailer and shall issue an inspection report in the prescribed form.

Vehicle inspection 17A.(1) Where - certicates.

1 of 1986, s.

3A.

(a) an inspector issues an inspection report for the purposes of section 17 (2) showing that a motor vehicle or trailer complies with the provisions of this Act and of any rules made thereunder; or (b) a certifying ofcer issues a certicate of tness in respect of a public service vehicle under section 96 (3) (g), the inspector or the certifying ofcer, as the case may be, shall afx to the vehicle or trailer in the prescribed manner an inspection certicate in the prescribed form.

(2) The inspection certicate shall relate to and bear the same number as the inspection report or certicate of tness, as the case may be.

(3) No motor vehicle or trailer of a class prescribed for the purposes of section 17 (2) shall be used on a road unless an inspection certicate which is - (a) valid and in force at the time; and (b) legible and in no way defaced or mutilated, is afxed to the vehicle or trailer.

20 CAP.

403 Trafc [Rev.

2012 Form of licences.

18.Every vehicle licence shall be in the prescribed form.

14 of 1962, s.

Fees and duration of 19.(1) Vehicle licences, other than a dealers general licence, licences.

may be issued for such periods and upon payment of such fees as may 14 of 1962, ss.

3 be prescribed: and 8., 33 of 2012, s.

62, (1A) Any outstanding amount shall attract two percent interest per 38 of 2012, s.

month or part thereof, but the interest shall not exceed the maximum amount of fee owed on the licence.

Provided that, where a period is so prescribed, a licence issued before the period is prescribed shall not be invalid solely by reason that the period for which it was issued is different from that prescribed.

(2) The holder of a vehicle licence, other than a dealers general licence, shall, on surrendering it for cancellation to the Authority, be entitled to such refund as may be prescribed: Provided that, where the refund as calculated includes part of a shilling, the refund shall exclude such part of a shilling.

Licence to be carried 20.No vehicle which is required to be licensed shall be used on a road unless the licence, which shall be legible and in no way defaced, on vehicle.

is carried on the vehicle in the prescribed manner.

21.If a vehicle licence is lost, defaced, mutilated or rendered Duplicate licences.

33 of 2012, s.

62.

illegible, the Authority shall issue a duplicate licence on payment of the prescribed fee: Provided that any licence which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.

22.(1) The holder of a vehicle licence shall apply for a new New licence to be applied for in certain licence- circumstances.

(a) where he desires to use the vehicle for any purpose not authorized by the licence; and (b) where the vehicle is so altered that a higher duty or a duty of a different class is required.

(2) A new licence under this section shall not be issued until the old licence has been surrendered, and in respect of every such new licence there shall be deducted from the fee payable therefor a rebate calculated in like manner as is provided in subsection (2) of section 19.

Dealers general 23.(1) The Authority may issue to a dealer in, or manufacturer or licence.

repairer of, motor vehicles, upon application in the prescribed form and Rev.

2012] Trafc CAP.

403 21 33 of 2012, s.

62.

upon payment of the prescribed fees, such number of dealers general licences as the applicant may require, and with each such licence shall issue two identication plates.

(2) Subject to sections 24, 25, 26 and 27 and to any other conditions which may from time to time be prescribed, the holder of a dealers general licence shall use the licence only in respect of vehicles in his possession; and shall not use more than one such vehicle under the authority of one licence at any one time.

Use of dealers 24.(1) No vehicle shall be used on any road under the authority general licence.

of a dealers general licence - 52 of 1959, s.

7, 33 of 2012, s.

62.

(a) to convey passengers or goods for prot or reward; (b) to carry or convey any goods whatsoever except such load as may be necessary for the purpose of testing the motor vehicle or trailer, and no such load, and no part thereof, shall be removed from the motor vehicle or trailer at any time between the departure from and the return to the loading place of the motor vehicle or trailer, save in the case of an accident; or (c) except with the permission in writing of the Authority, for any purpose other than - (i) for proceeding to or returning from any inspection, ex- amination or test as provided for by this Act; (ii) for proceeding from the premises of a dealer to a railway station or wharf for entraining or shipment, or from a train or ship to such premises; or (iii) for test or trial during or after completion, construction, assembly or repair; or (iv) for test or trial by or on behalf of an intending purchaser, or for proceeding to or from the place where the purchaser intends to keep it; or (v) for proceeding to or from a public weighbridge for the purpose of its weight being ascertained or to or from a place for registration; (vi) for exportation to any territory in East Africa, the Sudan or Zaire; (vii) for proceeding from the premises of a dealer to the premises of a purchaser or of another dealer or manu- facturer; (viii) for towing a motor vehicle which while being driven upon a road has become unable to proceed under its own power from the place where it has broken down to a place for repair or storage; (ix) for proceeding to or returning from a workshop in which 22 CAP.

403 Trafc [Rev.

2012 a body is to be or has been tted to the motor vehicle or where the motor vehicle is to be or has been painted or repaired; or (x) for proceeding to or returning from an exhibition of motor vehicles.

(2) In any proceedings under this section, the burden of proving the fact of an accident for the purposes of paragraph (b) of subsection (1) shall lie on the person charged.

(3) No vehicle shall be used on any road under the authority of a dealers general licence unless the holder of the licence, or a person duly authorized by him, accompanies the vehicle.

(4) Not more than two persons, in addition to the driver, shall be carried within or upon any such vehicle, and such persons shall be limited to a prospective purchaser and his agent or a member of his family or, in the case of a vehicle proceeding to or from an accident, two mechanics.

(5) Upon the issue of a dealers general licence, the Authority shall also supply to the person to whom such licence is issued a book in a form approved by the Authority, in which the holder of such licence shall on each occasion and before such licence is used complete in duplicate the entries for which provision is therein made; one copy of such entries shall remain in the book, and the other copy shall be carried with the vehicle during the whole of the journey to which such entries relate, and shall be produced at any time during such journey by the driver for inspection upon demand made by any police ofcer, licensing ofcer or inspector.

(6) Every such book shall be produced at all reasonable times for inspection by any police ofcer, licensing ofcer or inspector, and shall be kept available for inspection at the place specied in the declaration made on application for the general dealers licence as the place at which the book will be kept.

(7) No person shall deface or mutilate any such book, or make any entry therein which is to his knowledge false or misleading, or alter or obliterate any entry made therein, or except as provided by this Act make any entry therein or addition thereto, or after its removal from such book make, alter or obliterate any entry in any copy to be carried on the vehicle.

Duration of dealers 25.(1) A dealers general licence shall continue in force until the general licence.

st 31 December next following the date of issue.

33 of 2012, s.

62.

Rev.

2012] Trafc CAP.

403 23 (2) Every dealers general licence shall cease to be valid if the dealer ceases to carry on business in the district for which it is issued.

(3) When a dealers general licence expires or is cancelled or otherwise ceases to be valid under this Act, the holder of the licence shall deliver to the Authority the identication plates which were issued to the holder with the licence: Provided that upon the expiry of the licence the holder may retain the identication plates issued with the licence if he applies for and is issued with a new licence in respect of the same identication plates and the new licence would during the period of its validity authorize the use of such identication plates in the same manner as the expired licence.

Cancellation of 26.(1) The Authority may at any time cancel a dealers general dealers general licence for a breach of any of the provisions of this Act or of any licence.

regulations made thereunder which relate to dealers general licences.

33 of 2012, s.

62.

(2) The Authority shall give notice of the cancellation to the person to whom the licence was issued, and may make to such person a refund calculated in like manner as is provided in subsection (2) of section 19.

(3) Any person holding a dealers general licence who is aggrieved by the decision of the Authority under this section may, within one month from the date of the service on him of notice of cancellation, appeal to a subordinate court of the rst class.

Dealers general 27.A dealers general licence shall not be used for any purpose licence not to be other than a purpose provided for in this Act, and shall not be transferred transferred without or assigned to any other person without the authority of the Authority.

authority.

33 of 2012, s.

62.

Recovery of licence 28.Where under this Part a licence is required and has not been fees by civil process.

obtained, a sum equal to the prescribed fee payable in respect of such 14 of 1958, s.

licence shall be due and owing to the Controller of Inland Revenue by the person failing to obtain the licence, and shall be a civil debt recoverable summarily at the instance of the Controller of Inland Revenue.

Penalties under this 29.(1) Any person who contravenes or fails to comply with any Part.

of the provisions of this Part shall be guilty of an offence and liable 14 of 1958, s.

4, on rst conviction to a ne not exceeding ten thousand shillings or 38 of 2012, s.

to imprisonment for a term not exceeding three months, and on each subsequent conviction to a ne not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or to both.

(2) If any person is convicted of an offence under this section in a case where a licence fee under this Part is payable and has not been paid, the court may, whether or not any other penalty is imposed, 24 CAP.

403 Trafc [Rev.

2012 impose a ne (which shall be disposed of in the same manner as the fee payable on the licence) of an amount equivalent to the fee unpaid, and the payment of such ne shall operate in satisfaction of any civil debt due under section 28.

Part IV - DrIVIng lIcences 30.(1) No person shall drive a motor vehicle of any class on a Drivers to be road unless he is the holder of a valid driving licence or a provisional licensed.

14 of 1971, Sch., licence endorsed in respect of that class of vehicle.

1 of 1986, s.

4, 33 of 2012, s.

62, (2) No person who owns or who has charge of a motor vehicle of 37 of 2012, s.

2, any class shall cause or permit any person to drive such motor vehicle 38 of 2012, s.

unless such person is the holder of a valid driving licence or a valid provisional licence endorsed in respect of that class of motor vehicle.

(3) No person shall be entitled to more than one driving licence, but a driving licence may be endorsed to permit the holder to drive one or more classes of motor vehicle.

(4) Driving licences shall be issued, and upon expiry renewed on production, by a licensing ofcer upon payment of the prescribed fee, and a driving licence so issued or renewed may be expressed to be valid for a period or of three years, from the date of issue or renewal.

(5) In the event of any change of circumstances which affects the accuracy of any particulars declared under paragraph (b) of subsection (1) of section 31, or which would operate to prevent the grant of a driving licence under that section, the holder of the driving licence shall forthwith inform the Authority of the change.

(6) A driver of a public service vehicle or a commercial vehicle shall be required to undergo every three years a driving test under section 39 successfully as a condition for each renewal of the licence.

(7) Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable - (a) on rst conviction to a ne not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months; and (b) on each subsequent conviction to a ne not exceeding thirty thousand shillings or to imprisonment for a term not exceeding six months or to both.

Conditions for 31.(1) A licensing ofcer shall not grant an applicant a driving granting of driving licence endorsed in respect of any class of motor vehicle unless the Rev.

2012] Trafc CAP.

403 25 licence.

applicant - 9 of 1967, Sch., 11 of 1983, Sch., (a) satises the licensing ofcer that he has passed a test 33 of 2012, s.

62.

of competence to drive that class of motor vehicle conducted under section 39, or that he holds a certicate of competency for that class of motor vehicle issued under Cap.

232 (1948).

the Trafc Ordinance (now repealed), or is the holder of a valid driving licence for that class of motor vehicle granted by a competent authority in some part of the Commonwealth where such driving licences are granted only after a prescribed test has been passed or is the holder of an international driving permit.

(b) makes a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specied in the form, or any other physical disability which would be likely to cause the driving by him of a motor vehicle, being a vehicle of such class as he would be authorized by the licence to drive, to be a source of danger to the public; and (c) is able to read, with glasses if worn, a motor vehicle identication plate at a distance of twenty-ve metres.

(2) If it appears to a licensing ofcer that there is reason to believe that an applicant for any driving licence is suffering from disease or physical disability likely to cause the driving by him of a motor vehicle, of the class or classes in respect of which the application for a licence is made, to be a source of danger to the public, he may refuse to grant such application unless the applicant - (a) produces a certicate from a medical practitioner, stating that in the opinion of such medical practitioner the applicant is physically t to drive the class or classes of motor vehicle in question; and (b) undergoes and passes a driving test.

(3) Any person who is aggrieved by the refusal of the Authority or a licensing ofcer to grant a licence may, after giving to the Authority notice of his intention so to do, appeal to a subordinate court of the rst or second class, which shall after considering the grounds for such refusal make such order as it thinks t, and any order so made shall be binding on the Authority.

Provisional driving 32.(1) Notwithstanding subsection (1) of section 31, a licensing licence.

ofcer may grant an applicant for a driving licence a provisional licence endorsed in respect of any class or classes of motor vehicle which if he held a driving licence he would be entitled to drive, in order that the 26 CAP.

403 Trafc [Rev.

2012 applicant may learn to drive such class or classes of vehicle.

(2) Whenever the driving licence of any person has been cancelled or suspended, a licensing ofcer may, on application, so soon as the period of cancellation or suspension is over, grant to such person a provisional licence endorsed in respect of any class or classes of vehicle which if he held a driving licence he would be entitled to drive, with a view to such person passing any necessary test.

(3) Provisional licenses shall be valid for three months only but may, in the discretion of the licensing ofcer, be renewed for further periods of three months on payment of the prescribed fee for granting a provisional licence.

(4) Any person holding a provisional licence driving a motor vehicle shall comply with all such conditions as shall be prescribed.

Driving licence not to 33.(1) No driving licence or provisional licence shall be granted be granted to persons to any person - under certain ages.

11 of 1983, Sch., (a) under the age of sixteen years; 10 of 1984, s.

(b) under the age of eighteen years, except in respect of motor- cycles; or (c) endorsed in respect of matatus and motor-omnibuses, unless he - (i) is over the age of twenty-four years; and (ii) has for not less than four years held a licence endorsed in respect of motor-cars or commercial vehicles: Provided that any person who satises the licensing ofcer that he has, before the commencement of this Act, been in possession of a licence authorizing him to drive a motor vehicle in Kenya shall, subject to subsection (2) of section 31, notwithstanding the provisions of this section, be entitled to receive a licence in respect of the same class or description of vehicles which he is by such licence authorized to drive.

(2) If the applicant for a driving licence fails to produce his birth certicate, the opinion of the licensing ofcer shall be conclusive as to a persons age.

34.(1) Applications for driving licences and provisional licences Form of application.

shall be made to a licensing ofcer in the prescribed form, accompanied by the prescribed fee, and the particulars required in such form shall be signed by the applicant.

Rev.

2012] Trafc CAP.

403 27 (2) Subject to subsection (3) of section 30, any person holding a driving licence endorsed in respect of any class of motor vehicle who wishes his licence endorsed in respect of another class or classes of motor vehicles shall apply to a licensing ofcer in the prescribed form and pay the prescribed fee, and the particulars and declaration in such form shall be signed by the applicant.

35.Notwithstanding this Part, the Minister may make rules Issue of driving prescribing special terms and conditions for the issue of driving licences licences to members of armed forces.

to members of the armed forces or any foreign military, naval or air L.N.

242/1964, forces lawfully present in Kenya for the purpose of driving service 9 of 1967, Sch.

vehicles while on duty, and he may in such rules order that such licences shall be issued without the payment of any fee.

36.(1) Any person driving a motor vehicle on a road shall carry Production of driving his driving licence or provisional licence, and on being so required by licence on demand.

a police ofcer, produce it for examination.

1 of 1986, s.

5, 38 of 2012, s.

(2) For the purposes of this section, driving licence or provisional licence includes such other evidence as will satisfy the police that there is no contravention of section 30.

(3) Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings.

37.(1) Driving licences and provisional licences shall be in the Form of driving and provisional licence.

prescribed form, and there shall be afxed to each driving licence a photograph of the licence holder, which shall be impressed with the ofcial stamp of the Registrar.

(2) The signature of the licence holder shall also be afxed to the licence.

(3) No person shall use mutilated or defaced driving licence or provisional licence.

(4) A driving licence issued to any person who is suffering from any disease or disability to whom under section 31 a licence has been granted shall be subject to such restrictions or conditions as may be decided by the licensing ofcer; and the restrictions or conditions shall be entered on the licence, which shall not be valid unless such conditions or restrictions are complied with by the holder thereof.

38.If a driving licence or provisional licence is lost, defaced Duplicate licences.

33 of 2012, s.

62.

or mutilated, the Authority shall, upon application being made in the prescribed form and upon payment of the prescribed fee, issue to the 28 CAP.

403 Trafc [Rev.

2012 holder a duplicate licence or provisional licence: Provided that where any licence or provisional licence which has been lost is subsequently found the holder shall forthwith deliver up to the licensing ofcer such duplicate.

39.(1) Driving tests for the purpose of this Act shall be conducted Driving tests.

by driving test examiners.

52 of 1959, s.

(2) Driving tests shall be carried out in such manner as the Minister may direct, but shall in any case include a test of the applicants - (a) knowledge of the rules of the road; (b) knowledge of recognized road signals and road signs; (c) knowledge of any authorized road or highway code; and (d) physical tness to drive a motor vehicle of the class for which the licence is required.

fee.

(3) No person shall undergo a test until he has paid the prescribed Revocation, etc., of 40.(1) Upon application by a police ofcer of or above the rank driving licences upon of Superintendent, the Authority may- application by police.

1 of 1986, s.

6, (a) revoke the driving licence of any person who appears, in 33 of 2012, s.

62.

the opinion of the Registrar, to be suffering from a disease or disability likely to cause the driving by him of a motor vehicle to be a source of danger to the public; or (b) order a fresh driving test in the case of any holder of a driving licence who appears to the Registrar to be so decient in driving ability as to be a source of danger to the public, and, if the licence holder fails to pass such test, order that his licence shall be revoked.

(2) Where the Registrar has revoked a driving licence under subsection (1), the owner of such licence shall deliver his driving licence to the Registrar, who shall endorse on it the reason for its revocation.

(3) The Registrar shall restore a driving licence revoked under subsection (1) to the person in question under the following conditions- (a) in the case of a licence revoked under paragraph (a) of subsection (1), if he satises the Registrar, by means of a certicate from a medical practitioner, that he is suffering from no disease or physical disability likely to cause the driving by him of a motor vehicle, of the class or classes in respect of which his licence was issued, to be a source of Rev.

2012] Trafc CAP.

403 29 danger to the public; and (b) in the case of a licence revoked under paragraph (b) of subsection (1), if he passes the prescribed test for the class or classes of motor vehicle in respect of which his licence was originally granted.

(4) Any person who is aggrieved by the revocation of a licence under this section may, after giving to the Registrar notice of his intention so to do, appeal to a subordinate court of the rst or second class, which shall, after considering the grounds for such revocation, make such order as it thinks t, and any order so made shall be binding on the Registrar.

41.Any person who contravenes or fails to comply with any Penalties under this of the provisions of this Part shall be guilty of an offence and liable, Part.

where no penalty is specically provided, on rst conviction to a ne 1 of 1986, s.

7, 38 of 2012, s.

10.

not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a ne not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or to both.

Part V - DrIVIng anD other offences relatIng to the Use of VehIcles on roaDs 42.(1) No person shall drive, or, being the owner or person in Speed of motor charge of a vehicle, cause or permit any other person to drive, a vehicle vehicles.

on a road at a speed greater than such speed as may be prescribed as 14 of 1971, Sch., the maximum speed for that class of vehicle.

11 of 1983, Sch., 1 of 1986, s.

(2) On a vehicle subject to a speed restriction under subsection (1) except a vehicle registered as a motor-car or motor-cycle or a private hire vehicle, there shall be painted or afxed to the rear, as close as possible to the rear number plate and so as to be clearly legible to a person within ten metres of the rear of the vehicle, a mark in the prescribed form indicating its maximum permitted speed in kilometres per hour.

(3) No person shall drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, any vehicle at a speed exceeding fty kilometres per hour on any road within the boundaries of any trading centre, township, municipality or city: Provided that the highway authority shall erect and maintain trafc signs as prescribed so as plainly to indicate to drivers entering or leaving such roads or areas where the fty kilometre per hour speed limit restriction begins and ends.

(4) Notwithstanding subsections (1) and (3), it shall be lawful 30 CAP.

403 Trafc [Rev.

2012 for the Minister - (a) to impose on any road such lower limit of speed as it considers necessary in circumstances when, by reason of repairs, reconstruction or damage to the road or the condition of the road, any lower limit of speed is necessary for the public-safety or to prevent damage to the road: Provided that such lower limit shall be imposed only for such period as is necessary to carry out repairs or reconstruction or until the condition of the road is satisfactory; (b) to impose on any road or area, either permanently or for such time as he considers appropriate, such lower limit of speed as may be necessary to prevent damage to the road or for the safety of the public having regard to any permanent or temporary hazards, the alignment or characteristics of the road, the width of streets, nature of trafc or general development of the area: Provided that, in any case whilst such lower limit is in force under this subsection, indication of the maximum speed permitted shall be given by prescribed trafc signs erected and maintained so as plainly to indicate to drivers entering or leaving such restricted road where the lower speed limit begins and ends.

(4A) The Minister may by notice in the Gazette delegate the power conferred by subsection (4) to a highway authority or other public body.

(4B) A delegation under subsection (4A) may - (a) be made subject to such conditions, exceptions and limitations as are specied in the notice; (b) be made either generally or with respect to any particular road or area; and (c) be revoked or varied by a subsequent notice made in like manner, and shall not prevent the exercise by the Minister of any power so delegated.

(5) The provisions of this section or of this or any other Act, imposing a speed limit on motor vehicles, shall not apply to any vehicle on an occasion when it is being used for re brigade, ambulance or police purposes, if the observance of such provisions would be likely Rev.

2012] Trafc CAP.

403 31 to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

(6) Nothing in subsection (5) authorizes a person to use a motor vehicle for re brigade, ambulance or police purposes in contravention of any other provision of this Act.

43.(1) Any person who contravenes or fails to comply with any of Penalties in relation the provisions of section 42 shall be guilty of an offence and liable to a to speed.

1 of 1986, s.

9, ne of not exceeding one hundred thousand shillings and not exceeding 38 of 2012, s.

11.

two thousand shillings.

(2) A rst or second conviction for an offence under this section shall not render the offender liable to be disqualied for holding or obtaining a licence for a longer period than, in the case of a rst conviction, one month, or in the case of a second conviction three months: Provided that, if the offender has been convicted of reckless or dangerous driving within the three years immediately preceding the date of his conviction for an offence under this section, such previous conviction shall be treated for the purposes of this subsection as if it had been a conviction for an offence under this section.

(3) A person charged with the offence of driving a motor vehicle of any class or description on a road at a speed greater than the maximum speed allowed shall not be liable to be convicted solely on the evidence of one witness to the effect that in the opinion of the witness the person charged was driving the vehicle at such greater speed.

44.(1) Any person who, when driving or attempting to drive, or Driving under when in charge of a motor vehicle on a road or other public place, is inuence of drink.

under the inuence of drink or a drug to such an extent as to be incapable 11 of 1983, Sch., of having proper control of the vehicle shall be guilty of an offence 1 of 1986, s.

10, and liable to a ne not exceeding one hundred thousand shillings or to 38 of 2012, s.

12.

imprisonment for a term not exceeding two years or to both.

(2) A person convicted of an offence under this section shall, without prejudice to the power of the court to order a longer period of disqualication, be disqualied, for a period of twelve months from the date of conviction, for holding or obtaining a licence.

45.(1) Any person who, when driving or in charge of, or during Prohibition of any period of duty in connexion with the driving of, a public service drinking when vehicle, drinks any intoxicating liquor shall be guilty of an offence driving or in charge and liable to a ne not exceeding one hundred thousand shillings or to of public service imprisonment for a term not exceeding two years or to both.

vehicle.

32 CAP.

403 Trafc [Rev.

2012 11 of 1983, Sch.

1 of 1986, s.

11, (2) Any person who gives any driver or any person in charge of 38 of 2012, s.

13.

a public service vehicle any intoxicating liquor, whether for reward or not, shall be guilty of an offence and liable to the same penalties as a person guilty of an offence under subsection (1).

45A.(1) No person shall, in order to avoid a buildup of trafc on Driving on pavement, a road, drive a motor vehicle on, or through, a pavement or a pedestrian pedestrian walkway, walkway.

etc.

38 of 2012, s.

14.

(2) A person who contravenes subsection (1) commits an offence and shall be liable- (a) for a rst conviction, to imprisonment for a term not exceeding three months, or to a ne not exceeding thirty thousand shillings, and (b) for a second or subsequent conviction to imprisonment for a term not exceeding six months 46.Any person who causes the death of another by driving a Causing death motor vehicle on a road recklessly or at a speed or in a manner which by driving or is dangerous to the public, or by leaving any vehicle on a road in such obstruction.

a position or manner or in such a condition as to be dangerous to the 14 of 1958, s.

5, public, having regard to all the circumstances of the case, including the 16 of 1977, Sch., nature, condition and use of the road and the amount of trafc which 1 of 1986, s.12.

is actually at the time or which might reasonably be expected to be on the road, shall be guilty of an offence whether or not the requirements of section 50 have been satised as regards that offence and liable to imprisonment for a term not exceeding ten years and the court shall exercise the power conferred by Part VIII of cancelling any driving licence or provisional driving licence held by the offender and declaring the offender disqualied for holding or obtaining a driving licence for a period of three years starting from the date of conviction or the end of any prison sentence imposed under this section, whichever is the later.

Reckless driving.

47.(1) Any person who drives a motor vehicle on a road 1 of 1986, s.

13, recklessly, or at speed, or in a manner which is dangerous to the public, 38 of 2012, s.

15.

having regard to all the circumstances of the case, including the nature, condition and use of the road and the amount of trafc which is at the time or which might reasonably expected to be on the road, is guilty of an offence and liable- (a) for a rst conviction, to a ne not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding two years, and Rev.

2012] Trafc CAP.

403 33 (b) for a second or subsequent conviction, to a ne not exceeding three hundred thousand shillings, or imprisonment for a term not exceeding one year, and the court shall exercise the power conferred by Part VIII of canceling any driving licence or provisional driving licence held by the offender and declaring the offender disqualied for holding or obtaining a driving licence for a period of two years starting from the date of conviction or the end of any prison sentence imposed under this section, whichever is later.

(2) (Repealed by 1 of 1986, s.

13).

(3) Where a person is convicted of aiding, abetting, counselling, procuring or inciting the commission of an offence under this section, and it is proved that he was present in the vehicle at the time, the offence of which he is convicted shall, for the purpose of the provisions of this Act relating to disqualication for holding or obtaining driving licences, be deemed to be an offence in connexion with the driving of a motor vehicle.

Power to convict for 48.Upon the trial of a person who is charged with manslaughter in reckless or dangerous connexion with the driving of a motor vehicle by him or with an offence driving on trial under section 46, if the court is satised that such person is guilty of for manslaughter an offence under section 47, he may be found guilty of such offence.

or for causing death by driving or obstruction.

14 of 1962, s.

4, 5 of 1971, s.

Driving without due 49.(1) Any person who drives a motor vehicle on a road without care and attention.

due care and attention or without reasonable consideration for other 5 of 1971, s.

2, persons using the road shall be guilty of an offence and liable 1 of 1986, s.

14, 38 of 2012, s.

16.

(a) for a rst offence, to a term of imprisonment not exceeding one year or a ne not exceeding one hundred thousand shillings.

(b) for a second or subsequent offence, to a term of imprisonment not exceeding two years or to a ne not exceeding two hundred thousand shillings, and the court may exercise the power conferred by Part VIII of suspending any driving licence or provisional driving licence held by the offender disqualied from holding or obtaining a driving licence for a period of twelve months starting from the date of conviction or the end of any prison sentence imposed under this section, whichever 34 CAP.

403 Trafc [Rev.

2012 is the later.

(2) Where any person is charged with an offence under section 47 and the court considers that the evidence is such as to justify a conviction under this section but not under section 47, the court may convict such person of an offence under this section.

Warning to be given 50.

Where a person is prosecuted for an offence under any of the before prosecution.

sections of this Act, other than section 46, relating respectively to the 16 of 1977, Sch.

maximum speed at which motor vehicles may be driven, to reckless or dangerous driving or to careless driving, he shall not be convicted unless- (a) he was warned at the time the offence was committed that the question of prosecuting him for an offence under some one or other of the sections aforesaid would be considered; or (b) within fourteen days of the commission of the offence a summons for the offence was served on him; or (c) within fourteen days a notice of the intended prosecution, specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was served on or sent by registered post to him or to the person registered as the owner of the vehicle at the time of the commission of the offence: Provided that - (i) failure to comply with this requirement shall not be a bar to the conviction of the accused in any case where the court is satised that - (a) neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or (b) the accused by his own conduct contributed to the failure; and (ii) the requirement of this section shall in every case be deemed to have been complied with unless and until the contrary is proved.

Only proper fuel to 51.(1) No fuel shall be used in any motor vehicle except that be used in motor specied in the vehicle licence in respect of such vehicle or, in the case vehicles.

of a motor vehicle the motor unit of which is a compression ignition 11 of 1983, Sch., Rev.

2012] Trafc CAP.

403 35 38 of 2012, s.

17.

engine, light amber mineral fuel oil or a substitute therefor which is approved by the Minister by notice in the Gazette: Provided that the Minister may, subject to such conditions as he may see t to impose, exempt any specied vehicle, the motor unit of which is a compression ignition engine, from the provisions of this subsection and may specify the fuel which shall be used in such motor vehicle.

(2) If the owner or the driver of any motor vehicle uses any fuel contrary to subsection (1), or if any person sells any fuel having reason to believe that it will be so used, the owner and the driver and such person shall each be guilty of an offence and liable to a ne not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three years or to both; and in addition the vehicle shall be liable to be forfeited.

52.(1) The driver of a vehicle shall at all times - Signals and signs to be obeyed.

1 of 1986, s.

15, (a) obey any directions given, whether verbally or by signal, by a 38 of 2012, s.

18.

police ofcer in uniform, in the execution of his duty; and (b) conform to the indications given by any trafc sign; and (c) stop his vehicle on being so required by a police ofcer in uniform; and (d) when any person in charge of any cattle raises his hand or in any manner gives a signal to stop, forthwith stop his vehicle and keep it stationary for as long as it is reasonably necessary.

(2) Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and liable (a) for a rst conviction, to a ne not exceeding fty thousand shillings or a term of imprisonment not exceeding six months; and (b) for a second or subsequent conviction, to a ne not exceeding seventy thousand shillings or a term of imprisonment not exceeding one year.

and the court shall exercise the power conferred by Part VIII of canceling any driving licence held by the offender and declaring the offender disqualied from holding or obtaining a driving license for a period of two years starting from the date of conviction.

Offences relating 52A.(1) Any person who, being the driver of a vehicle, in any to parking bays parking bay or parking area - and areas where no 36 CAP.

403 Trafc [Rev.

2012 charges are made.

14 of 1962, s.

5, (a) leaves the vehicle for a period in excess of the time prescribed 38 of 2012, s.

19.

by any trafc sign relating to that bay or area; or (b) contravenes or fails to comply with any trafc sign relating to that bay or area as to the manner in which vehicles shall stand in, or be driven into or out of, the bay or area; or (c) leaves the vehicle in contravention of any trafc sign relating to that bay or area, shall be guilty of an offence and liable to the penalties prescribed under section 67.

(2) In relation to an offence under subsection (1), the reference in that subsection to the driver of a vehicle shall be construed as a reference to the person driving the vehicle at the time it was left in the parking bay or parking area.

(3) Where the driver of a vehicle is alleged to be guilty of an offence under subsection (1) - (a) the owner of the vehicle shall give such information as to the identity of the driver as he may be required by a police ofcer to give; and (b) any other person shall if required as aforesaid give any information which it is in his power to give and which may lead to the identication of the driver.

(4) A person who fails to comply with - (a) the requirement of paragraph (a) of subsection (3) shall be guilty of an offence, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was; and (b) the requirement of paragraph (b) of that subsection, shall be guilty of an offence; and a person guilty of an offence under this subsection shall be liable to a ne not exceeding ten thousand shillings or to imprisonment for a term not exceeding one month.

(5) In this section - parking area means an area designated as such by a highway authority where vehicles, or vehicles of any class or description, may wait without charge; parking bay means a space in a parking area where a vehicle may wait.

Parking of vehicles 52B.

(1) No vehicle carrying explosives, ammunition, petroleum Rev.

2012] Trafc CAP.

403 37 carrying explosives, or any inammable substance shall remain stationary for more than petroleum etc, fteen minutes within the boundaries of a trading centre, township, 1 of 1986, s.

16.

municipality or city except - (a) when unloading; or (b) in an area designated by the Minister for parking of such vehicles.

(2) Any person who in contravention of subsection (1) parks or leaves a vehicle or when in charge of a vehicle allows it to remain stationary for more than fteen minutes shall be guilty of an offence and liable to the penalties prescribed under section 67.

(3) Nothing in this section applies to - (a) petroleum in the fuel tank of a vehicle; (b) petroleum having a ashing point below 23C in a quantity not exceeding 50 litres; (c) petroleum having a ashing point of 23C or above in a quantity not exceeding 90 litres,if that petroleum is for use only in the propulsion of the vehicle and, in the case of petroleum referred to in paragraph (b) or (c), is carried in air-tight tins not exceeding 18 litres in capacity.

(4) In this section - Cap.

114.

ammunition has the meaning given in section 2 of the Firearms Act; Cap.

115.

explosives has the meaning given in section 2 of the Explosives Act; Cap.

116.

petroleum has the meaning given in section 2 of the Petroleum Act.

Obstruction.

53.(1) No vehicle shall be allowed to remain in any position 14 of 1958, s.

6, on any road so as to obstruct or to be likely to obstruct or cause 11 of 1983, Sch., inconvenience or danger to other trafc using the road, and, save where 1 of 1986, s.

17, 38 of 2012, s.

20.

the contrary is expressly provided in this Act, every vehicle on a road, when not in motion, shall be drawn up as close to the side of the road as possible.

(2) The driver of any vehicle shall, in case of a break-down, remove the vehicle from the road as soon as possible, and until so removed the vehicle shall be placed as close to the side of the road as possible; and as the vehicle remains on the road between the hours of 6.45 p.m.

and 6.15 a.m., its position shall be clearly indicated by a light or lights visible to drivers of vehicles approaching from either 38 CAP.

403 Trafc [Rev.

2012 direction.

(3) If any part of the vehicle remains on or near the road in a position so as to obstruct or to be likely to obstruct or to cause or to be likely to cause inconvenience or danger to other trafc using the road, the driver shall place on the road not less than fty metres from the vehicle two red reecting triangles of such construction and dimensions as may be prescribed, one ahead of the vehicle and one behind it so that each is clearly visible to drivers of vehicles approaching from ahead or behind, as the case may be.

(4) Any person who leaves any vehicle on a road in such a position or manner or in such a condition as to cause or to be likely to cause any danger to any person shall be guilty of an offence and liable- (a) for a rst conviction, to a ne not exceeding fty thousand shillings or to imprisonment for a term not exceeding one year; and (b) on a second or subsequent conviction, to a ne not exceeding seventy-ve thousand shillings, or to imprisonment for a term not exceeding eighteen months, and the court shall exercise the power conferred by Part VIII of canceling any driving licence or provisional driving licence held by the offender and declaring the offender disqualied from holding or obtaining a driving licence for a period of two years starting from the date of conviction or the end of any prison sentence imposed under this section, whichever is the later.

Racing, pacemaking 54.(1) It shall not be lawful for any person, without the written and trial of consent of the highway authority and of the Commissioner of Police, speed.

to promote or take part in any race or trial of speed between vehicles on a road.

(2) A person convicted of an offence under this section shall, unless the court for special reasons thinks t to order otherwise, and without prejudice to the power of the court to order a longer period of disqualication, be disqualied for a period of twelve months from the date of conviction for holding or obtaining a drivers licence.

Condition of 55.(1) No vehicle shall be used on a road unless such vehicle vehicles.

and all parts and equipment thereof, including lights and tyres, comply with the requirements of this Act, and such parts and equipment shall at all times be maintained in such a condition that the driving of the vehicle is not likely to be a danger to other users of the road or to persons travelling on the vehicle.

Rev.

2012] Trafc CAP.

403 39 (2) No motor vehicle the weight or dimensions of which laden or unladen exceeds the maximum weight or dimensions provided for such vehicles by rules made under this Act shall be used on a road.

Limitation of loads.

56.(1) No vehicle shall be used on a road with a load greater than the load specied by the manufacturer of the chassis of the vehicle or than the load capacity determined by an inspector under this Act.

(2) No vehicle shall be used on a road if it is loaded in such a manner as to make it a danger to other persons using the road or to persons travelling on the vehicle; and should any load or part of a load fall from any vehicle on to a road such fact shall be prima facie evidence that the vehicle was loaded in a dangerous manner until the contrary is proved to the satisfaction of the court.

(3) For the purpose of this section, persons travelling on a vehicle shall be deemed to be part of the load.

Exemptions.

57.(1) A highway authority may grant a permit subject to such conditions as may be specied therein - (a) for the use on a road of a vehicle the weight or dimensions of which exceeds the maximum weight or dimensions provided for by rules made under this Act; (b) for the carriage by a vehicle on a road of any specied load which it is unlawful to place on the vehicle under the provisions of any rules made under this Act.

(2) Every permit granted under this section shall be in writing, and shall be carried on the vehicle in question whenever the vehicle is being used under the authority of that permit.

Penalty for improper 58.(1) Any person who drives or uses on a road a vehicle in condition or contravention of the provisions of section 55 or section 56 shall be overloading.

guilty of an offence and liable to a ne not exceeding four hundred 13 of 1980, Sch., thousand shillings or to imprisonment for a term not exceeding two 11 of 1983, Sch., years or to both: 2 of 2007, Sch, 33 of 2012, s.

62.

Provided that rules under this Act may provide that a person who is guilty of an offence under section 55 or 56 shall be liable to pay a ne according to a prescribed scale, and different scales may be prescribed for rst offenders, and for second or subsequent offenders, within a prescribed period, but so that no person shall thereby be liable to pay a ne greater than the maximum provided by this subsection; and for the avoidance of doubt it is declared that liability of a person to pay a ne on a prescribed scale shall not affect that persons liability to imprisonment under this subsection as an alternative to, in addition 40 CAP.

403 Trafc [Rev.

2012 to, or in default of, the payment of a ne.

(2) For the purposes of subsection (1), any person who is shown to the satisfaction of the court to be responsible for the maintenance of the vehicle, and any person who is shown to the satisfaction of the court to have been responsible for the loading of the vehicle, shall be deemed to have used the vehicle on the road.

(3) (a) In any case where a motor vehicle or trailer is twice or more times, in a period of twelve months, the subject of a successful prosecution under any of the provisions of sections 55 and 56, the court shall, unless for special reasons to be recorded it decides otherwise, order the Authority to suspend the licence of such vehicle for a period of two years.

(b) The Authority shall thereupon suspend the licence of the vehicle for such period, and the owner of the vehicle shall return the licence of the vehicle to the Authority, who in no case shall issue another licence in respect of such vehicle until the termination of the period of suspension.

(c) No vehicle licence shall be returned or new licence granted in respect of a vehicle whose licence has been so suspended unless an inspector certies that the vehicle is t in all respects for use upon the road.

(4) When a vehicle licence has been suspended under subsection (3) no refund of licence fee shall be made.

59.(1) No person in a motor vehicle shall molest or obstruct the Obstructing driver of driver of the motor vehicle while it is in motion.

motor vehicle.

(2) In no motor vehicle shall passengers be carried in such numbers or in such a position as to be likely to interfere with the safe driving of such motor vehicle; and in the event of a contravention of this subsection the driver and the person in charge of the motor vehicle shall be guilty of an offence.

(3) No person driving a motor vehicle shall be in such a position that he cannot control the same or obtain a full view of the road and trafc ahead.

60.(1) It shall not be lawful for more than one person in addition Restrictions on pillion to the driver to be carried on any two-wheeled motor cycle, nor shall it riding.

be lawful for any such one person to be so carried otherwise than sitting 38 of 2012, s.

21.

astride the motor cycle and on a proper seat securely xed to the motor cycle behind the drivers seat.

Rev.

2012] Trafc CAP.

403 41 (2) If any person is carried on any such motor cycle in contravention of this section, the driver of the motor cycle shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings.

Riding in position.

61.(1) Except for the purpose of testing or repairing a motor 38 of 2012, s.

22.

vehicle, no person shall ride or be carried on the footboard, tailboard, steps, mudguards, canopy, roong or elsewhere on the outside of any vehicle.

(2) No person shall ride or be carried on any load upon a vehicle if such a proceeding is unsafe by reason of the insufciency of space available for such person to stand or sit, or by reason of the position in which he is carried or the height or arrangement of the load.

(3) If a person is, in opinion of a police ofcer in uniform, contravening subsection (1) or (2), the police ofcer may order him to a safe place on the vehicle or may order him off the vehicle.

(4) If a person refuses or delays or fails to comply with an order by a police ofcer in uniform under subsection (3), he shall be guilty of an offence and liable, whether or not he is in addition liable to any penalty for contravening subsection (1) or (2), to a ne not exceeding ten thousand shillings or to imprisonment for a term not exceeding one month.

Restrictions on 62.No person, otherwise than with lawful authority or reasonable persons being towed.

cause, shall take or retain hold of, or get on or off, a motor vehicle or trailer while in motion on any road Causing damage 63.No person shall throw any object at any vehicle or at any to motor person in or on such vehicle, nor shall he place any object on any road vehicle.

nor by any means impede the progress of any vehicle whereby injury or damage might be caused to such vehicle or any person.

Tampering with 64.No person shall, without the knowledge or permission of motor vehicle.

the owner, or without reasonable excuse, get on to a motor vehicle or trailer, or attempt to manipulate any of the levers, the starter, brakes or machinery of such a vehicle, or in any way tamper with a motor vehicle or trailer, while it is standing on a road or parking place.

Taking motor 65.(1) If any person, whether employed by the owner or not, takes vehicle without and drives away any motor vehicle without the consent of the owner consent.

thereof or other lawful authority, he shall be guilty of an offence and 38 of 2012, s.

23.

liable to imprisonment for a term not exceeding two years or to a ne not exceeding fty thousand shillings or to both: 42 CAP.

403 Trafc [Rev.

2012 Provided that if the court is satised that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked therefor, the accused shall not be liable to be convicted of an offence.

(2) If, in any prosecution for stealing a motor vehicle, the court is of opinion that the defendant is not guilty of stealing the motor vehicle, but was guilty of an offence under this section, the court may nd him guilty of an offence under this section.

(3) In addition to any penalty specied in this section, the court may order that the convicted person shall pay to the owner of the motor vehicle such sum as represents fair compensation for any damage sustained by the owner of the motor vehicle.

66.No person shall - Unattended motor vehicles.

(a) leave unattended on a road any motor vehicle with the engine running; (b) quit any vehicle without having taken due precautions against its moving along the road from its stationary position.

Maximum driving 66A.(1) No person shall drive a public service vehicle or a hours.

commercial vehicle for more than a total of eight hours in any period 1 of 1986, s.

19, of twenty-four hours.

38 of 2012, s.

24.

(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable (a) on a rst conviction, to a ne not exceeding fty thousand shillings, or to imprisonment for a term not exceeding twelve months; and (b) on each subsequent conviction, to a ne not exceeding seventy thousand shillings or to imprisonment for a term not exceeding two years, and the court shall order the suspension of any driving licence held by the person for such period, not being less than thirty days, as it may deem t.

(3) Where a person is convicted for a second or subsequent offence in respect of the same public service vehicle, the court shall exercise the powers conferred by section 99 (2) by ordering the suspension of the public service vehicle licence for the vehicle for such period, not being less than thirty days, as it may deem t.

Rev.

2012] Trafc CAP.

403 43 and in the case of a second or subsequent conviction in respect of the same public service vehicle the court shall exercise the power conferred by section 99 (2) by ordering the suspension of the public service vehicle licence for that vehicle for a period of not less than thirty days.

66B.

Where - Disqualication on third endorsement in three years.

(a) a person is convicted of an offence in respect of which the 1 of 1986, s.

19.

court may or shall order particulars of the conviction to be endorsed on any driving licence held by him; and (b) that person has within the three years immediately preceding the commission of the offence been convicted on not less than two occasions of offences of which particulars of the convictions have been ordered to be endorsed on any driving licence held by him, the court shall exercise the power conferred by section 76 of cancelling any driving licence or provisional driving licence held by the offender and declaring the offender disqualied for holding or obtaining a driving licence for such period of not less than six months as the court thinks t.

Penalties under this 67.(1) Any person who contravenes or fails to comply with any Part.

of the provisions of this Part shall be guilty of an offence and liable, 1 of 1986, s.

20, where no penalty is specically provided, on rst conviction to a ne 38 of 2012, s.

25.

(2) Any court before which a person is convicted of any offence under this Part (except an offence under section 52 (d), 52A or 52B), shall in every case in addition to any other penalty specically provided, order particulars of the conviction to be endorsed on any driving licence held by the person convicted.

Part VI - regUlatIon of traffIc 68.(1) The Minister shall prepare a code (in this section referred Highway code.

9 of 1967, Sch.

to as the highway code) comprising such directions as appear to him to be proper for the guidance of persons using roads, and may from time to time revise the highway code by revoking, varying, amending or adding to the provisions thereof in such manner as he thinks t.

(2) The highway code and any alterations proposed to be made in the provisions thereof shall be laid before the National Assembly, and, if a resolution of the National Assembly is passed within thirty days of their being so laid that such code be revoked or amended in accordance 44 CAP.

403 Trafc [Rev.

2012 with such resolution, such code shall be deemed to be revoked or amended accordingly, but without prejudice to anything previously done or suffered by virtue thereof.

(3) A failure on the part of any person to observe any provisions of the highway code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under this Act) be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

Power to regulate 69.Without prejudice to any powers or duties of the police under trafc.

this Act or any other Act, it shall be the duty of the police - (a) to regulate all trafc and to keep order and prevent obstruction in all roads, parking places and other places of public resort; (b) to divert trafc temporarily, or to restrict or close and deny public access to any road, parking place or other place of public resort, where any emergency or any assembly or other event appear to render advisable such a course.

Mounting of 69A.

(1) The Inspector-General of the Police may, by notice in roadblocks.

the Gazette, designate a place along a public road on which a police 37 of 2012, s.

roadblock may be mounted.

(2) A roadblock shall not be mounted in a place other than the place designated under subsection (1), but may be mounted in a non- designated place only in exceptional circumstances certied as such by the Inspector-General or by an ofcer authorised on that behalf by the Inspector-General.

Trafc signs.

70.(1) Subject to and in conformity with such general or other 37 of 2012, s.

directions as may be given by the Minister, a highway authority may cause or permit trafc signs to be placed on or near a road.

(1A) Without prejudice to the generality of subsection (1), a highway authority shall cause to be placed on or near a road trafc signs prescribing speed limits on the road.

(2) Trafc signs shall be of the prescribed size, colour and type except where the Minister authorizes the erection or retention of a sign of another character.

(3) After the commencement of this Act, no trafc signs shall Rev.

2012] Trafc CAP.

403 45 be placed on or near any road except under and in accordance with subsections (1) and (2) of this section: Provided that - (i) nothing in this subsection shall apply to any notice in respect to the use of a bridge; (ii) a highway authority or police ofcer of or above the rank of Inspector may authorize the erection of any trafc sign for any special purpose for a period not exceeding seven days, and such trafc sign shall be deemed to be lawful even though it does not conform to the requirements of this section.

(4) All trafc signs shall be deemed to have been lawfully erected until the contrary is proved.

(5) A highway authority may, by notice in writing, require the owner or occupier of any land on which there is any trafc sign or any object which so closely resembles a trafc sign that it might reasonably be taken to be such a sign to remove it, and if any person fails to comply with such a notice the highway authority may effect the removal, doing as little damage as may be, and may recover as a civil debt recoverable summarily from the person so in default the expense incurred in so doing: (5A) The driving licence of a person who has been convicted for the violation of a speed limit prescribed for a road under subsection (1A) shall be invalidated for a period not less than three years - (a) if the violation of the limit is by more than twenty kilometres per hour; and (b) the violation is repeated three or more different times.

(5B) A person who violates a speed limit prescribed for a road under subsection (1A) by more than twenty kilometres per hour commits an offence and shall be liable, on conviction, to imprisonment for a term of not less than three months, or a ne of not less than twenty thousand shillings, or both.

Provided that this subsection shall not apply in the case of any sign or object so long as its retention is expressly authorized by the highway authority.

Closure of roads.

71.(1) It shall be lawful for the highway authority or its 37 of 2012, s.

authorized representative, for the purpose of preventing damage being 46 CAP.

403 Trafc [Rev.

2012 caused to any road or for the purpose of carrying out any works which it may consider necessary or desirable in connexion with the maintenance or improvement of any road, to close the whole or any part of such road to all vehicles or any particular type of vehicles at any time for any period it may think t.

(1A) The highway authority shall, except in the case of an emergency, as may be determined by the authority, and by notice in the Gazette and in at least two newspapers with national circulation, give notice of the intention to close the road or any part thereof at least seven days before the closure.

(2) It shall not be lawful for the driver or person in charge of a vehicle to drive or haul the vehicle or cause it to be driven or hauled over any bridge on or near which a conspicuous notice has been placed to the effect that such bridge is insufcient to carry trafc in excess of a specied weight, unless the gross weight of such vehicle and any trailer attached thereto is less than the weight specied or unless he has obtained the consent in writing of the highway authority.

(3) It shall not be lawful for the driver or person in charge of any vehicle to drive or haul the vehicle or cause it to be driven or hauled over any portion of a road which is closed to trafc and where a conspicuous notice is displayed to the effect that the road is closed, unless he has received the permission in writing of the highway authority.

Injury to bridges.

72.If any injury to a bridge or road is caused through any contravention of this Act, it shall be lawful for the highway authority to make good such injury and to recover the cost thereof from the owner of the vehicle, and the certicate of the highway authority of the amount of the cost of making good such injury shall be conclusive evidence of the amount payable by such owner.

Part VIa - DesIgnateD ParkIng Places Power to make by-laws 72A.

(1) A local authority may, by by-laws - for designated parking places.

(a) designate parking places on roads, within its area of 13 of 1968, s.

jurisdiction for vehicles or vehicles of any particular class 20 of 1989, Sch.

or description, having regard to both the interests of trafc and the interests of owners and occupiers of adjoining property; (b) prescribe the manner in which vehicles shall stand in or be driven into or out of the designated parking place; (c) provide that a vehicle may not be left continuously in the designated parking place for longer than a specied period; Rev.

2012] Trafc CAP.

403 47 (d) provide that a vehicle which has been taken away from the space in which it was left in the designated parking place shall not again be left in that designated parking place until after the expiration of such interval as may be prescribed; (e) empower an inspector, or police ofcer or any specied person to effect the moving, in case of emergency, of vehicles left in a designated parking place, or the moving of vehicles left in a designated parking place in contravention of this Part or any by-laws made thereunder, to suspend the use of a parking place or any part thereof when expedient and to provide for the temporary removal of a parking meter; (f) provide for the reservation of spaces in a parking place for the exclusive use of Ministers, Assistant Ministers, Permanent Secretaries of Ministries and heads of diplomatic missions; (g) provide for the removal from a parking place, and the safe custody, of any vehicle in respect of which any requirement of this Part has been contravened in relation to a parking place, and for the recovery of the cost of removal and safe custody; (h) prohibiting or restricting the carrying on of trades or other activities or the doing of any other thing within a designated parking place; (i) prescribe anything which under this Part may be prescribed; (j) make such incidental or consequential provision as appears to the local authority requisite for the purpose of the satisfactory operation of a parking place or for giving effect to the provisions and purposes of this Part.

(2) The procedure for the making, approval and publication of Cap.

265.

by-laws made under subsection (1) shall be that prescribed in the Local Government Act, and, for the purposes of their enforcement and the disposal of nes imposed for their contravention, such by-laws shall be deemed to be by-laws made by the same local authority under that Act.

(3) Notwithstanding anything to the contrary contained in any written law, by-laws made by a local authority under subsection (1) may provide for the use of clamps on motor vehicles parked elsewhere than in a designated parking place.

Charges for use of 72B.(1) There shall be paid to the local authority in respect designated parking of a vehicle left in a designated parking place charges calculated in places.

accordance with this section or in such other manner as the local 13 of 1968, s.

14 of 1991, Sch.

authority may by by-laws prescribe.

48 CAP.

403 Trafc [Rev.

2012 (2) There shall be a prescribed standard period for each designated parking place and, subject to this section, the amount of the charge for a vehicle left in the parking place for a time not exceeding the standard period, called the initial charge, shall be such amount, called the standard amount, as may be prescribed, and the initial charge shall be payable on the leaving of the vehicle in the parking place: _ Provided that (i) if it is so prescribed, the initial charge for a vehicle for a time not exceeding one-half of the standard period shall be one-half of the standard amount; and (ii) where paragraph (i) has effect, and it is further so pre- scribed, then, if before the end of the prescribed time a further payment of one-half of the standard amount is made, the two payments shall be treated as a single pay- ment of an initial charge of the standard amount made on the leaving of the vehicle.

(3) If a vehicle is left in the parking place after the period for which payment was made by the initial charge has expired, the amount of the charge shall be the amount of the initial charge together with such additional amount, called an excess charge, as may be prescribed, and the excess charge shall be payable in such manner and at such time as may be prescribed.

(4) A parking meter of a type approved by the Minister shall be provided for each space in a designated parking place, and shall be erected as close to that space as is practicable; and - (a) payment of the initial charge shall be made by the insertion of coins in the parking meter and turning the handle of the parking meter to its full extent so as to indicate the length of time paid for; (b) subject to paragraph (c), if, at any time while a vehicle is left in the parking place, the specied indication appears in the parking meter for the space in which the vehicle is left, it shall be presumed unless the contrary is proved that the initial charge has been duly paid and that the period for which payment was made by the initial charge has already expired; (c) if it is proved that the time for which the vehicle has been left in the parking place is less than the standard period, or (where proviso (i) to subsection (2) has effect) less than half the standard period, paragraph (b) shall not have effect but it shall be presumed unless the contrary is proved that the Rev.

2012] Trafc CAP.

403 49 initial charge has not been duly paid for the vehicle.

(5) Notwithstanding anything contained in this section, a local authority may, by by-laws, prescribe other methods for the payment of parking fees in respect of a vehicle left in each designated parking place.

Supplemental 72C.(1) Where an excess charge has been incurred in respect of a provisions regarding vehicle, an inspector shall attach to the vehicle in a conspicuous position excess charge.

a notice, which shall contain the prescribed particulars.

13 of 1968, s.

2, 38 of 2012, s.

26.

(2) Where a notice has been attached to a vehicle under subsection (1), any person (other than the owner or driver of the vehicle or an inspector) who removes the notice, except with the authority of the driver, shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings.

(3) Where an inspector has attached a notice to a vehicle under subsection (1), the vehicle may remain left in the same space in the parking place for a period of two hours from the time specied in the notice, without becoming liable to pay a further excess charge, but at the end of that period a further excess charge shall become payable.

72D.

Notwithstanding this Part- Exceptions.

13 of 1968, s.

(a) a vehicle may be left in a space in a parking place without payment of the initial charge if the parking meter for the space does not show the specied indication: Provided that, the vehicle remains in the space after the specied indication appears, it shall be treated for the purpose of this Part as having been left in the space at the time the specied indication appeared; (b) the following vehicles may be parked in a designated parking place without payment of an initial charge or an excess charge- (i) police vehicles while on duty; (ii) ambulances while on duty; (iii) re service vehicles while on duty; (iv) a vehicle waiting only for so long as is necessary to en- able a person to board or alight from the vehicle; (v) a vehicle parked by reason of its breakdown for a period not exceeding two hours; (c) a vehicle may be parked in a designated parking place without payment of an initial charge or an excess charge 50 CAP.

403 Trafc [Rev.

2012 during such hours or days as may be prescribed as hours or days during which no charges are payable under this Part: Provided that, a vehicle which remains in the parking place after the end of those hours or days shall be treated for the purposes of this Part as having been left in the parking place immediately after the end of those hours.

Meters may be taken 72E.(1) An inspector may place a cover bearing the words Meter out of use.

Out of Use over any parking meter or parking meter case in or adjacent 13 of 1968, s.

_ to a designated parking place (a) if the parking meter is out of order or has been removed; (b) for the purpose of facilitating the movement of trafc or promoting its safety; (c) for the purpose of any building operation, demolition or excavation adjacent to the parking place or the maintenance, improvement or reconstruction of the parking place, or the laying, erection, alteration or repair in or adjacent to the parking place of any sewer or of any main, pipe or apparatus for the supply of water or electricity or of any telegraphic line or other public utility service; (d) for the convenience of occupiers of premises adjacent to the parking place on the occasion of the removal of furniture, otherwise than by way of trade; or (e) on any occasion on which it is likely by reason of some special attraction that any road will be thronged or obstructed.

(2) Where a parking meter for a space in a parking place bears a cover bearing the words Meter Out of Use, no vehicle shall be left in that space.

Duty of local 72F.Where parking meters are installed in a designated parking place, it shall be the duty of the local authority to take the prescribed authority concerning parking meters.

steps to ensure that they are maintained in good working order, and in 13 of 1968, s.

particular - (a) for causing them to be periodically inspected; and (b) for causing any faults then or at any other time found to be remedied or the parking meters replaced; and (c) for testing the meters (both before they are brought into use and not less frequently than the prescribed intervals and on other prescribed occasions); and (d) recording the date of testing and the persons carrying out the testing.

Offences concerning 72G.(1) Where - designated parking Rev.

2012] Trafc CAP.

403 51 places.

13 of 1968, s.

2, (a) a vehicle is left in a designated parking place, and any 38 of 2012, s.

27.

initial charge or excess charge which is thereby incurred is not duly paid; or (b) a vehicle is left in a designated parking place and any of the provisions of this Part or of any by-laws made thereunder relating to the manner in which vehicles shall stand in or be driven into or out of parking places is thereby contravened; or (c) a vehicle is left in a designated parking place otherwise than as authorized by this Part or by any by-laws made thereunder, the owner of the vehicle and the driver of the vehicle shall each be guilty of an offence and liable to a ne not exceeding ve thousand shillings, or in the case of a second or subsequent offence to a ne not exceeding ten thousand shillings: Provided that - (i) the owner of the vehicle shall not be guilty of an offence if he proves that the vehicle was being driven without his permission; and (ii) where the owner of a vehicle has been convicted of an offence under this subsection, the driver of the vehicle shall not be convicted of such an offence in respect of the same act or omission, and, where the driver of a vehicle has been convicted of an offence under this subsection, the owner of the vehicle shall not be convicted of such an offence in respect of the same act or omission.

(2) In subsection (1), driver, in relation to a vehicle, means the person who was driving the vehicle at the time it was left in the designated parking place.

(3) Where, in a prosecution for an offence under this Part, it is proved that the charge which has become due, or any part of that charge, has not been duly paid, the court, in addition to or instead of imposing a penalty in respect of the offence, shall order the payment of the money not paid, and any sum ordered to be so paid shall be recoverable as a penalty.

(4) Any person who, whether he is the driver of a vehicle or not, contravenes any by-laws made under this Part, otherwise than in the manner specied in subsection (1), shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings, or in the case of a second or subsequent offence to a ne not exceeding ten thousand shillings.

52 CAP.

403 Trafc [Rev.

2012 (5) Any person who - (a) wilfully damages a parking meter or its case or stand; or (b) with intent to defraud, interferes with a parking meter, or operates or attempts to operate a parking meter by the insertion of anything other than a coin of the appropriate denomination; or (c) without the authority of the local authority, paints, marks or otherwise disgures a parking meter or its case or stand; or (d) without the authority of the local authority, uses a parking meter or its case or stand for the purpose of advertisement, shall be guilty of an offence and liable to imprisonment for a term not exceeding three months or to a ne not exceeding two thousand ve hundred shillings or to both.

(6) In a prosecution for an offence under this section, it shall be assumed unless the contrary is shown that any apparatus in or adjacent to a designated parking place, being an apparatus operated by the insertion of coins, is a parking meter of a type approved under section 72B(4).

(7) Where in a prosecution for an offence under this section of failing to pay an excess charge it is not proved that the excess charge had become due, but it is proved that the initial charge had not been paid, the accused person may be convicted of an offence under this section of failing to pay the initial charge.

(8) Where a parking meter relating to the space in which a vehicle is left in a parking place indicates that the period for which payment made for the vehicle by the initial charge has expired, and the local authority by whom the parking place is controlled is satised that that initial charge was not paid, acceptance by the local authority of payment of the excess charge shall be a bar to prosecution for an offence under this section of failing duly to pay the initial charge.

Protection of local 72H.The exercise by a local authority of its powers under this authority.

Part shall not render the local authority liable in respect of any loss or 13 of 1968, s.

damage to any vehicle or to the contents or ttings thereof.

72I.

In this Part - Interpretation of this Part.

13 of 1968, s.

excess charge means the charge called an excess charge in section 72B (3) (including an excess charge payable in the circumstances described in section 72C (3); initial charge means the charge called an initial charge in Rev.

2012] Trafc CAP.

403 53 section 72B (2); inspector means a person appointed by the local authority as an inspector for the purposes of this Part; parking meter means a parking meter within the meaning of section 72B (4); parking place means a parking place designated by by-laws under section 72A (1); prescribed means prescribed by by-laws made under section 72A (1); specied indication means the device contained in a parking meter the appearance of which shows that the time for which a vehicle may be parked in a space in a parking place has expired.

Part VI B - ParkIng elsewhere than In DesIgnateD ParkIng Places Power to make 72J.Without prejudice to its powers to make by-laws under by-laws for parking section 72A, a local authority may - elsewhere than in designated parking (a) provide parking places on roads or on other places under places.

its control, within its area of jurisdiction, for vehicles or 13 of 1968, s.

vehicles of any particular class or description (including the provision of omnibus stations), having regard to both the interests of trafc and the interests of owners and occupiers of adjoining property; (b) by by-laws provide in relation to such parking places for any matter Which under section 72A (1) may be provided for in relation to designated parking places (other than the matter mentioned in paragraph (e) of that subsection), and impose charges for the use of parking places so provided and provide penalties for the contravention of the by-laws, and subsection (2) of that section shall apply in respect of any such by-laws.

Part VII - accIDents Duty to stop and 73.(1) If, in any case, owing to the presence of a motor vehicle report.

on a road, an accident occurs whereby injury or damage is caused to any 52 of 1959, s.

person, vehicle, dog or cattle, the driver of the motor vehicle shall stop, and if required to do so by any person having reasonable grounds for 54 CAP.

403 Trafc [Rev.

2012 so requiring give his name and address, and also the name and address of the owner and the identication marks of the vehicle.

(2) Any other person in the vehicle at the time of the accident shall also, if required to do so, give his name and address.

(3) If in the case of any such accident as aforesaid the driver of the motor vehicle for any reason does not give his name and address to any such person as aforesaid, or if any injury has been caused to any person, dog or cattle, the driver shall report the accident at a police station or to a police ofcer as soon as reasonably possible, and in any case within twenty- four hours of the occurrence thereof.

(4) The owner of a motor vehicle shall supply the police with all information necessary for the identication of a driver involved in an accident.

74.Where an accident arises out of the presence of a motor vehicle Inspection of vehicle on a road, any police ofcer may inspect any vehicle in connexion involved in an with which the accident arose, and for that purpose may enter at any accident.

reasonable time any premises where the vehicle is, and if any person obstructs such police ofcer in the performance of his duty under this section he shall be guilty of an offence.

75.

Any person who contravenes or fails to comply with any Penalties under this Part.

of the provisions of this Part shall be guilty of an offence and liable 38 of 2012, s.

28.

on rst conviction to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a ne not exceeding ten thousand shillings or to imprisonment for a term not exceeding six months or to both.

Part VIII - sUsPensIon, cancellatIon anD enDorsement of DrIVIng lIcences Powers of court.

76.(1) Any court before which a person is convicted of any 1 of 1986, s.

21.

offence in connexion with the driving of a motor vehicle may - (a) if the person convicted holds a driving licence or provisional driving licence, suspend the licence for such time as the court thinks t, or cancel the licence and declare the person convicted disqualied for obtaining another licence for a stated period; (b) if the person convicted holds a driving licence, suspend the licence until such time as the person passes a driving test under section 39; (c) if the person convicted does not hold a driving licence or provisional driving licence, declare him disqualied for Rev.

2012] Trafc CAP.

403 55 obtaining a licence for a stated period; (d) limit any suspension, cancellation or disqualication imposed under this section to the driving of a motor vehicle of the same class or description as the vehicle in relation to which the offence was committed; (e) without prejudice to section 67 (2) if the person convicted holds a driving licence, order that particulars of the conviction be endorsed thereon.

(2) In any case where a court disqualies a person for obtaining a driving licence until he has passed a driving test, a licensing ofcer shall issue such person on application and on payment of the prescribed fee with a provisional driving licence.

(3) An order disqualifying a person for obtaining a driving licence shall be deemed to be an order disqualifying him for obtaining either a driving licence or a provisional driving licence.

77.An appeal shall lie against any order made by a court under Right of appeal.

section 76 in the same manner as against a conviction, and the court making the order or the court to which the appeal lies may suspend the operation of the order pending the determination of the appeal.

78.(1) In any case where a court under any provisions of this Act Cancellation of has ordered the suspension of a driving licence or provisional driving driving licence.

licence, the licence shall be deemed to be cancelled in respect of the class or classes of motor vehicles in respect of which the order was made.

(2) On the application of any person for a new driving licence endorsed in respect of any class or classes of motor vehicles in respect of which the applicants licence has been cancelled, the licensing ofcer shall treat such person as if he were applying for a driving licence in respect of such class or classes of motor vehicles for the rst time, and shall in no circumstances issue him with a driving licence until he has passed the prescribed test.

(3) Notwithstanding the provisions of paragraph (a) of subsection (1) of section 31, the possession of a driving licence or certicate of competency issued by a competent authority shall not, in any case, exempt an applicant for a driving licence from passing the prescribed driving test, if such applicant has been disqualied for holding or obtaining a driving licence.

79.(1) Where a person is charged with an offence under this Act Production of driving for which the penalty may be or shall include disqualication for holding licence.

1 of 1986, s.

22, or obtaining a licence, or suspension, cancellation or endorsement of 38 of 2012, s.

29.

a licence, he shall, if he holds a driving licence or provisional driving 56 CAP.

403 Trafc [Rev.

2012 licence, produce that licence at the time of the hearing to the court by which the charge is to be heard.

(2) A person to whom subsection (1) applies shall, before the hearing, be served by a police ofcer, either personally or by registered post, with notice in such form as may be prescribed informing him of the provisions of this section.

(3) At the time when a person to whom subsection (1) applies is charged with the offence, a police ofcer in uniform may demand from that person any driving licence or provisional driving licence which he holds and if the licence is delivered the police ofcer shall deliver it to the court by which the charge is to be heard.

(4) A person who fails to comply with subsection (1), unless he shows good cause to the contrary, shall be guilty of an offence and liable forthwith by order of the court to a ne of ve thousand shillings or to imprisonment for a term not exceeding one month.

(5) Without prejudice to subsection (4), a person who fails to comply with subsection (1) and who is convicted before any court of an offence in connexion with the driving of a motor vehicle shall, if he holds a driving licence or provisional driving licence, produce such licence within such time as the court may direct for the purpose of endorsement.

80.(1) Where a court orders particulars to be endorsed on a Custody of licence driving licence or provisional driving licence held by any person, or while suspended or where by a conviction or order of a court such a licence is cancelled, cancelled.

the court shall send notice of this conviction or order to the Authority 33 of 2012, s.

62.

and, in a case where a persons licence is cancelled, shall also on the production of the licence for the purpose of endorsement retain it and forward it to the Registrar.

(2) Where the suspension, cancellation or disqualication to which a person has become subject is limited to the driving of a motor vehicle of a particular class or description, the Registrar to whom that persons licence has been forwarded under this section shall forthwith after the receipt thereof issue to that person a new licence on which there shall be indicated in the prescribed manner the class or description of vehicle which the holder of the licence is thereby authorized to drive.

81.If any person who under this Part is disqualied for holding or Fraudulent obtaining a driving licence or provisional driving licence applies for or application obtains a licence while he is so disqualied, or if any person while he is for driving so disqualied drives a motor vehicle or, if the disqualication is limited licence.

to the driving of a motor vehicle of a particular class or description, 38 of 2012, s.

30.

drives a motor vehicle of that class or description, on a road, or if any Rev.

2012] Trafc CAP.

403 57 person who has been refused a licence applies for or obtains a licence without disclosing such refusal, he shall be guilty of an offence and liable to imprisonment for a term not exceeding nine months or to a ne not exceeding ten thousand shillings; and a licence obtained by any person disqualied as aforesaid shall be of no effect.

Particulars of 82.On the issue of a driving licence or provisional driving licence endorsement to to any person, the particulars endorsed on any previous licence held by be inserted in new him shall be inserted in the new licence, unless he has previously become licence.

entitled under section 84 to the issue of a licence free from endorsement.

Applying for licence 83.If any person whose driving licence or provisional driving without disclosing licence has been ordered to be endorsed, and who has not previously endorsement.

become entitled under section 84 to have a licence issued to him free 38 of 2012, s.

31.

from endorsement, applies for or obtains a licence without giving particulars of the order, he shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings or to imprisonment for a term not exceeding six months; and any licence so obtained shall be of no effect.

84.Where a person in respect of whom an order has been made Issue of new under this Part requiring the endorsement of any licence or provisional licence free from driving licence held by him has during a continuous period of three endorsement.

years or upwards since the order was made had no other such order made against him, he shall be entitled, at any time, on application and subject to the payment of the prescribed fee and to the surrender of any subsisting permit, to have issued to him a new licence free from endorsement: Provided that in reckoning the said period of three years any period during which the person was by virtue of the order disqualied for holding or obtaining a permit shall be excluded.

Part IX - offences By DrIVers of VehIcles other than motor VehIcles anD other roaD Users 85.Any person who when driving or attempting to drive, or Driving under inuence of drink.

when in charge of a vehicle, other than a motor vehicle, on a road or 38 of 2012, s.

32.

other public place is under the inuence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle shall be guilty of an offence and liable to a ne not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Reckless driving.

86.Any person who on any road or in any public place drives 38 of 2012, s.

33.

any vehicle, other than a motor vehicle, recklessly or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of 58 CAP.

403 Trafc [Rev.

2012 the road and the amount of trafc which is actually at the time or which might reasonably be expected to be on the road, shall be guilty of an offence and liable to a ne not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

87.Any person who on any road or in any public place drives a Careless driving.

vehicle, other than a motor vehicle, without due care or attention, or in 38 of 2012, s.

34.

such a manner as to be an annoyance to the public, shall be guilty of an offence and liable to a ne not exceeding one hundred thousand shillings.

Carelessness while in 88.Any person driving or conducting any cattle, dog or other animal who, on any road, fails to exercise reasonable care to keep it charge of animals.

or them under proper control, or allows such cattle, dog or animal to 5 of 1971, s.

3, 38 of 2012, s.

35.

become a danger or annoyance to the public, shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings.

89.(1) Not more than one person shall be carried in addition to Restrictions on riding the rider on any bicycle, nor shall any such one person be so carried bicycles.

otherwise than sitting on a carrier securely xed to the bicycle or on a 38 of 2012, s.

36.

step especially tted to carry a passenger.

(2) No person shall carry on a bicycle a load which because of its size or the manner in which it is carried is likely to be a danger to other persons using a road.

(3) Any person contravening the provisions of this section shall be guilty of an offence and liable to a ne not exceeding two thousand shillings.

Part X - mIscellaneoUs ProVIsIons as to roaDs Offences in 90.(1) No owner or person in charge of a vehicle drawn by animals shall allow an animal which is of materially defective vision connexion with to be used for drawing such vehicle on a road.

roads.

(2) No person shall do any of the following on a road - (a) wilfully or negligently lead or drive any animal or vehicle on a footpath or in a road drain; (b) play any games to the annoyance, inconvenience or danger of persons using the road; (c) wilfully obstruct the free passage of persons or vehicles passing along the road; (d) drive or conduct any vehicle drawn by animals without having reins to guide the animals, unless a person leads the animals in such a manner as to have proper control over them; Rev.

2012] Trafc CAP.

403 59 (e) when driving a vehicle, sleep whilst such vehicle is in motion; (f) permit any cattle to be at large without being under such efcient control as to prevent their damaging the road; (g) outspan any animals from a wagon or cart.

Encroachment on and 91.(1) Every person who, without the written permission of the damage to roads.

highway authority - 38 of 1968, Sch.

(a) encroaches on a road or on any land reserved therefore at the side or sides thereof by making or erecting any building, fence, ditch, advertisement sign or other obstacle, or by digging thereon or by planting or sowing any tree, shrub or seeds thereon; or (b) deposits or causes to be deposited in any manner whatever on a road any material or matter, other than road-making materials deposited for the purpose of making up or repairing the road; or (c) digs up, removes or alters in any way the soil or surface of a road, or of any land reserved therefor at the side or sides thereof, or if done for the purpose of moving a vehicle without immediately thereafter making good the damage; or (d) wilfully lls up, alters or obstructs any ditch or drain, whether on a road or contiguous thereto, made by or under the control of the highway authority, to carry water off the road or to keep it from owing on to the road; or (e) allows any sludge or any lthy or noisome matter to ow from any building or land in his occupation on to a road or into any ditch or drain made by the highway authority; or (f) causes or allows any timber, sledge, plough or other heavy material, vehicle or implement not wholly raised above the ground on wheels to be dragged on a road; or (g) pitches any tent, booth or stall on a road; or (h) makes any re on any road, shall be guilty of an offence.

(2) It shall be lawful for the highway authority to remove anything whatsoever which has been placed or erected on a road or land reserved therefor in contravention of this section.

Prohibition on use 92.(1) No person shall use or cause or permit to be used on any of tracked vehicles, road any vehicle or trailer having ribbed, studded or spiked wheels or etc.

tted with chain or crawler type metal track: Provided that this subsection shall not apply - 60 CAP.

403 Trafc [Rev.

2012 (i) where such wheels or tracks are tted with special rims or street plates which would ensure an even contact with the road surface; (ii) to any road set aside by a highway authority for the use of ox-drawn vehicles; (iii) in any case where the highway authority has given per- mission in writing for the use of such a vehicle and such permission is carried on the vehicle to which it relates.

(2) No person shall use or cause or permit to be used on any road any ox-drawn vehicle not tted with pneumatic tyres except on a road set aside for ox-drawn vehicles or on a road where no alternative road in a reasonably usable condition exists for ox-drawn vehicles.

(3) No person shall use or cause or permit to be used on any road which has a bituminous surface any vehicle the wheels of which are tted with non-skid chains or any device of a similar kind for a similar purpose.

Non-liability of 93.(1) The highway authority shall not be liable for any loss or highway authority for damage which may be caused to any person or property through the damage.

condition of a road or the failure of a road to sustain the weight of a vehicle.

(2) Nothing in this Act shall affect the right of the highway authority or of any person to recover compensation from the owner or driver of any vehicle for any loss, damage or injury which may be sustained by the highway authority or such person by the use of a vehicle.

94.Any person who contravenes or fails to comply with any of Penalties under this Part.

the provisions of this Part shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings.

5 of 1971, s.

3, 38 of 2012, s.

37.

Part XI - PUBlIc serVIce VehIcles Public service 95.(1) No person shall own, drive or be in charge of any public vehicles to be service vehicle on a road, unless there is in force in relation to such licenced.

vehicle a public service vehicle licence issued under this Part.

5 of 1971, s.

4, 1 of 1986, s.

23.

(2) Any person who contravenes this section shall be guilty of an offence and liable - (a) on rst conviction to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding six months or to both; (b) on second or subsequent conviction, to a ne not exceeding Rev.

2012] Trafc CAP.

403 61 ten thousand shillings or to imprisonment for a period no exceeding one year or to both.

Application for 96.(1) Application for the licensing of any motor vehicle as a public service vehicle public service vehicle shall be made by the registered owner of the licence.

vehicle.

52 of 1959, s.

10, 10 of 1984, s.

(2) An application under subsection (1) shall be made to a licensing ofcer in the prescribed form and in the prescribed manner.

(3) No public service vehicle licence shall be issued in respect of any motor vehicle - (a) other than to the registered owner of such vehicle; (b) which is not registered and licensed under Parts II and III; (c) which does not comply with the provisions of this Act as to construction, equipment and use; (d) which is intended to be used as an omnibus, unless the owner of such vehicle is in possession of a valid road service licence in respect thereof issued under the Transport Licensing Cap.

404.

Act and unless such vehicle complies with any conditions attached to such licence; (e) which is intended to be used as a taxicab, unless such vehicle has been registered as a taxicab under any by-laws in force in a municipality or township; (f) unless a certicate authorizing the issue of such a licence is granted to the applicant by a police ofcer of or above the rank of Assistant Superintendent, who shall certify that the applicant is at and proper person to hold such a licence; or (g) which has not previously been so licensed, or the construction of which has been altered or modied in any way since it was last so licensed, and which is intended to be used as an omnibus, unless the owner of the vehicle has obtained in respect thereof a certicate of tness in the prescribed form signed by the certifying ofcer, and has paid the prescribed fee; (h) which is intended to be used as a matatu unless the vehicle has been inspected by an authorized ofcer appointed under subsection (3) of section 3 and has complied with the provisions of this Act with regard to construction, equipment and use.

Issue and conditions 97.(1) The licensing ofcer, if he is satised that the provisions of licence.

of subsection (3) of section 96 have been complied with, shall, 14 of 1962, ss.

6, 8, upon payment of the prescribed fee, issue such licence as may be 33 of 2012, s.

62.

prescribed.

62 CAP.

403 Trafc [Rev.

2012 (2) Public service vehicle licences shall be issued for such period as may be prescribed : Provided that, where a period is so prescribed, a licence issued before the period is prescribed shall not be invalid solely by reason that the period for which it was issued is different from that prescribed.

(3) Where any public service vehicle licence is cancelled or withdrawn for any reason during the period of its validity, no refund of licence fee shall be made in respect of the unexpired period of the licence.

(4) Every licence issued under this section shall be carried on the vehicle to which it relates in the prescribed manner.

(5) A public service vehicle licence shall not be transferred or assigned to any other person or vehicle.

(6) Whenever the holder of any public service vehicle licence ceases to be the owner of the vehicle specied in the licence, he shall forthwith return the licence to the Authority, and the vehicle shall from the date of such change of ownership cease to be licensed as a public service vehicle.

(7) If any public service vehicle licence is lost, or becomes illegible, the owner of the vehicle to which such licence relates shall where the licence is illegible forthwith apply to the Authority in the prescribed form for a duplicate thereof and shall return it to the Authority; the Authority shall, on payment of the prescribed fee, issue a duplicate licence; and where any public service vehicle licence which has been lost is subsequently found, the holder of a duplicate public service vehicle licence issued under this subsection shall forthwith deliver up to the Authority such duplicate.

98.(1) A person shall not drive or act as the conductor of a public Drivers and conductors to be service vehicle on a road unless he is licensed for the purpose under licenced.

this Part, and a person shall not employ or permit any person who is 10 of 1984, s.

6, not so licensed so to do: 8 of 2009, s.

40, 33 of 2012, s.

62.

Provided that this subsection shall not apply to any person who has hired a public service vehicle for the purpose of driving the vehicle himself and whose passengers, if any, are not carried for hire or reward, nor to any driver or conductor of a public service vehicle which is not carrying passengers.

(2) A person shall not be disqualied for obtaining a licence to Rev.

2012] Trafc CAP.

403 63 drive, or a licence to act as the conductor of, a public service vehicle unless he is, in the case of a licence to drive, over the age of twenty- four years, and, in the case of a licence to act as a conductor, over the age of eighteen years.

(3) Upon application being made in the prescribed manner and in the prescribed form, the Authority, if it is satised that the information given in the application form is correct, and that the applicant - (a) for a public service vehicle drivers licence is the holder of a valid driving licence in respect of that class or classes of vehicles for which a public service vehicle drivers licence is required; and (b) is not disqualied under any Act from holding or obtaining a driving licence, public service vehicle drivers or conductors licence as the case may be; and (c) fulls and complies with such other conditions as may be prescribed and is not disqualied by reason of age, shall, upon payment of the prescribed fee, issue such licence: Provided that no licence to drive or act as the conductor of a public service vehicle shall be issued to any person unless such person has been granted a certicate by a police ofcer not below the rank of Assistant Superintendent to the effect that he is at and proper person to hold such a licence.

(4) A licence to drive, or a licence to act as the conductor of, a public service vehicle shall be valid for one year from the date of issue unless it is previously cancelled, suspended or revoked under this Part; and, where any such licence is cancelled, suspended or revoked for any reason, no refund of licence fee shall be payable in respect of any unexpired period of the licence.

(5) A person licensed as a driver or conductor of a public service vehicle shall not drive or act as a conductor of such vehicle on a road without wearing the prescribed badge: Provided that this subsection shall not apply to any person who hires a motor vehicle for the purpose of driving such a vehicle himself and whose passengers, if any, are not carried for hire or reward, nor to any driver or conductor of a public service vehicle which is not carrying passengers.

(6) In the event of any public service vehicle drivers or conductors licence or badge becoming lost or rendered illegible, the holder thereof shall forthwith apply to the Authority in the prescribed 64 CAP.

403 Trafc [Rev.

2012 form, which shall be accompanied by the prescribed fee, for a duplicate thereof.

(7) Where any original licence or badge is found after being lost, the duplicate thereof, if any, shall forthwith be returned to the Authority.

99.(1) Any licence issued under this Part may be cancelled at any Power to cancel time by the Authority if he is satised that, by reason of the conduct of or suspended the holder of such licence or the condition of any vehicle in respect of licence.

33 of 2012, s.

62.

which the licence is issued, such cancellation would be in the public interest; and upon receipt of a notice of such cancellation, the licence holder shall forthwith deliver up such licence to the Authority.

(2) Any court before which a person is convicted of any offence under this Part, or any offence relating to the construction, equipment, condition or use of a public service vehicle, may - (a) if the person convicted holds a licence issued under this Part, cancel such licence and declare the person convicted disqualied for holding or obtaining another such licence for a stated period, and any licence so cancelled shall be surrendered to the court, which shall forward it to the Registrar; (b) if the person convicted is not the holder of any licence under this Part, declare him disqualied for obtaining such a licence for a stated period, and shall in such case notify the Registrar of such order, and shall - (i) if the person convicted holds a licence to drive or act as the conductor of a public service vehicle, endorse the details of such conviction on the licence within such time as the court may direct for the purpose of endorsement; (ii) if the person convicted is not the holder of such a licence, order the Registrar to endorse such details on any such licence subsequently issued to such person.

(3) Any person aggrieved by the refusal or failure to grant or by the suspension or cancellation of a licence under this Part or by any limitation imposed thereon by the Registrar or by a police ofcer may appeal in writing to a subordinate court of the rst or second class, whose decision shall be nal, and any such licence shall continue in force during the period of its validity until the appeal has been disposed of.

Rev.

2012] Trafc CAP.

403 65 Passengers and loads.

100.(1) The Authority shall in respect of any public service 1 of 1986, s.

24, vehicle determine the maximum number of passengers, whether sitting 33 of 2012, s.

62, or standing, and the weight of baggage or goods allowed to be carried 37 of 2012, s.

at any time on such vehicle or on any vehicle of a similar class or description: Provided that such determination shall have regard to the provisions of this Act with regard to construction, seating capacity and weight.

(2) If any public service vehicle carries more persons, baggage or goods than it is licensed to carry, the driver, the conductor and the owner of such vehicle commits an offence each and shall be liable, upon conviction, to a ne not exceeding twenty thousand shillings and an additional amount of ve thousand shillings for each person in excess of the licensed capacity.

Provided that rules made under this Act may provide that a person who is guilty of an offence under this subsection shall be liable to pay a ne according to a prescribed scale, but so that no person shall be liable to pay a ne greater than the maximum provided by this subsection.

(2A) In the case of a second or subsequent offence against subsection (2) in respect of a public service vehicle within one year of conviction for a previous offence against subsection (2) in respect of the same vehicle, the court shall exercise the power conferred by section 99 (2) by ordering the suspension of the public service vehicle licence for that vehicle for a period of no less than thirty days.

(2B) If, in the opinion of a police ofcer in uniform, subsection (2) is being contravened, he may order - (a) any person who appears to him to be an excess passenger off the public service vehicle; or (b) the driver, conductor or owner of the public service vehicle to remove any excess baggage or goods.

(2C) If a person refuses or delays or fails to comply with an order by a police ofcer in uniform under subsection (2B), he shall be guilty of an offence and liable, whether or not he is in addition liable to any penalty for contravening subsection (2) or (3), to a ne not exceeding ve hundred shillings or to imprisonment for a term not exceeding one month.

(3) No person who is requested by the owner, driver or conductor of a public service vehicle not to enter the vehicle shall enter or attempt to enter the vehicle when it is carrying the full number of persons it is 66 CAP.

403 Trafc [Rev.

2012 licensed to carry; and any person disobeying such a request shall be guilty of an offence and liable to a ne of not less than two hundred shillings and not exceeding ve hundred shillings.

(4) For the purposes of this section - (a) owner includes any person acting as manager or managing agent of the vehicle (under whatever name or title) on behalf of or under any arrangement with the owner; and if subsection (2) is contravened that person and the actual owner are each liable; (b) a child who is under the apparent age of ve years and who does not occupy a seat shall not count as a person; (c) any two children each of whom is over the apparent age of ve years and under the apparent age of twelve years shall count as one passenger.

Non-payment of fare.

101.(1) Where, at any place on its scheduled route, a motor 38 of 2012, s.

38.

omnibus is, by reference to the relevant timetable, more than four hours late, owing to a breakdown or any fault or neglect of the owner or his servants or agents, any passenger who has paid his fare may elect to alight from the motor omnibus and recover that proportion of the fare paid by him in respect of the uncompleted portion of his journey.

(2) Where a fare is recoverable under subsection (1), it shall be the duty of the person who received the fare to repay it to the passenger on demand; and any person failing so to repay a fare shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings in addition to being ordered to repay the fare, and the amount of the fare shall be recoverable as a ne.

(3) Any person who fails to pay any sum due from him by way of fare for accommodation in a public service vehicle shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings.

(4) Upon any conviction for an offence under this section, the court may, in addition to the imposition of a ne, make an order for the payment of any sum due by the offender by way of fare, and may further, if it thinks t, award costs and compensation against the offender in respect of any loss of time incurred by the owner, driver or conductor of the vehicle in attending the court.

102.(1) No person shall cause or permit any private hire vehicle Regulation of public to ply for hire on any taxi rank, road, car park or other public place.

service vehicles.

10 of 1984, s.

Rev.

2012] Trafc CAP.

403 67 (2) No person shall own, drive or be in charge of any taxicab unless such vehicle is painted in such colour or colours or is permanently marked in such manner as may be prescribed, and no vehicle, not being a taxicab, shall be painted or marked in the manner prescribed for a taxicab.

(3) The owner of every taxicab and every private hire vehicle shall keep or cause to be kept a record in the prescribed form of every separate period of hire of such vehicle; and such record shall be made available for inspection by the police on demand: Provided that this subsection shall not apply to any taxicab in respect of any journey which is wholly within the boundaries of the municipality or township in which it is registered.

(4) The highway authority may, after consultation with the ofcer in charge of the police in the area concerned, appoint stopping places where omnibuses may set down and pick up passengers, and no driver of an omnibus shall stop his vehicle to set down or pick up passengers on any road where stopping places have been provided other than at such stopping places.

(5) No person shall drive or permit to be used a public service vehicle in a dirty or neglected condition.

Touting.

103.(1) No person shall, for the purpose of obtaining passengers 1 of 1986, s.

25, for any public service vehicle, make any noise or sound any instrument, 11 of 1993, sch., or do anything which causes or is likely to cause annoyance, 38 of 2012, s.

39.

inconvenience or danger to the public.

(2) A person who contravenes or fails to comply with this section shallbe guilty of an offence and liable, for a rst conviction, to a ne not exceeding thirty thousand shillings and for a second or subsequent conviction,to a ne not exceeding fty thousand shillings, or to imprisonment for a term not exceeding twelve months, and in addition, the court may order conscation of the instrument by which the offence was committed.

Uniforms and special badge.

103A.

(1) Every driver and every conductor of a public service 37 of 2012, s.

vehicle shall wear a special badge and uniform.

(2) The uniform referred to in subsection (1) shall be prescribed by the Registrar of Motor Vehicles and shall, in the case of a driver, be navy blue in colour and in the case of a conductor, be maroon in colour.

(3) The special badges required under section (1) shall be provided by the Registrar of Motor Vehicles upon satisfaction of all requirements 68 CAP.

403 Trafc [Rev.

2012 and upon payment of the prescribed fee.

(4) Every driver of a public service vehicle shall undergo compulsory testing after every two years to ascertain his or her competence.

(5) Every owner of a public service vehicle shall employ at least one driver and one conductor who shall be the holder of a certicate of good conduct issued by the relevant authority.

(6) Every conductor or driver of a public service vehicle shall only take up employment as such upon being vetted pursuant to subsection (5) and shall be paid a permanent monthly salary by the owner of the public service vehicle.

(7) A person who contravenes or fails to comply with the provisions of this section commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding twelve months, or to a ne of not less than ten thousand shillings, or both.

Helmets and reector 103B.

(1) A person, including a passenger, shall not ride on a jackets.

motor cycle of any kind, class or description without wearing a helmet 37 of 2012, s.

and a jacket that has reectors.

(2) A person who rides a motor cycle shall provide a helmet and a jacket that has reectors to be worn by the passenger, and shall carry only one passenger at a time.

Cap.

405 (3) Every motor cycle shall be insured against third party risks in accordance with the Insurance (Motor Vehicles Third Party Risks) Act.

(4) For the purposes of this section, a helmet shall be of such shape, construction and quality as may, from time to time, be prescribed by the Minister by notice in the gazette.

(5) A person shall not ride a motorcycle unless that person has a valid driving licence issued in accordance with the provisions of the Act.

(5A) The registered owner of a motorcycle shall ensure that any person who rides the motorcycle has a valid driving licence issued in accordance with the provisions of this Act.

(6) For the purpose of this section, "ride" means to operate, manage or to be in control of a motor cycle.

(7) A person who contravenes or fails to comply with the provisions of this section commits an offence and is liable to a ne Rev.

2012] Trafc CAP.

403 69 not exceeding ten thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months.

Unauthorised driving.

103C.

(1) A person who, while not being the designated driver of 37 of 2012, s.

a publicservice vehicle, drives the vehicle while not being authorised to do so commits an offence.

(2) The driver of a public service vehicle who lets an unauthorised person drive the vehicle commits an offence.

(3) A person who is convicted of an offence under this section shall be liable to imprisonment for a term not exceeding three years, or a ne not exceeding one hundred thousand shillings.

Penalties under this 104.Any person who contravenes or fails to comply with any Part.

of the provisions of this Part shall be guilty of an offence and liable, 1 of 1986, s.

26, where no penalty is specically provided, to a ne of not less than ten 11 of 1993, Sch., thousand shillings and not more than twenty thousand shillings.

38 of 2012, s.

40.

Part XII - general 105.(1) It shall be lawful for any police ofcer in uniform to stop Inspection of any vehicle, and for any police ofcer, licensing ofcer or inspector - vehicles.

1 of 1986, s.

27, 38 of 2012, s.

41.

(a) to enter any vehicle; (b) to drive any vehicle or cause any vehicle to be driven; (c) upon reasonable suspicion of any offence under this Act, to order and require the owner of any vehicle to bring the vehicle to him, for the purpose of carrying out any examination and test of the vehicle with a view to ascertaining whether the provisions of this Act are being complied with or with a view to ascertaining whether the vehicle is being used in contravention of this Act.

(2) Any person who fails to comply with any instruction or order given under this section shall be guilty of an offence and liable on a rst conviction, to a ne not exceeding thirty thousand shillings, and for a second or subsequent conviction, to a ne not exceeding fty thousand shillings or to imprisonment for a term of one year.

Driver of a public 105A.

(1) A driver of a public service vehicle or a commercial service vehicle to vehicle shall, after every three years from the date of issue of a driving undergo tness test.

license pursuant to section 30, or renewal of such license, whichever is 38 of 2012, s.

42.

the case, undergo a physical tness test, including an eye and hearing 70 CAP.

403 Trafc [Rev.

2012 test by a qualied medical practitioner.

(2) A driving license shall not be renewed under this Act unless the person seeking the renewal produces to a licensing ofcer a report prepared by the medical practitioner certifying the condition of the applicant's physical tness, including the condition of the person's eye sight and hearing ability, and whether or not that condition or ability makes the applicant t to drive a motor vehicle.

Removal of vehicles 106.(1) Where any vehicle is found in use on a road in from road.

contravention of the provisions of this Act, or where any vehicle has 1 of 1986, s.

28, been left on any road or other public place in such circumstances as 33 of 2012, s.

62, to make it appear that such vehicle has been abandoned or should be 38 of 2012, s.

43.

removed to a place of safety, or where any vehicle has been left on a road in a position which causes or is likely to cause danger to other road users and the owner or driver cannot readily be found, it shall be lawful for any police ofcer or any inspector to take the vehicle or cause it to be taken to a police station or other place of safety by such method, route and under such conditions as he may consider necessary, having regard to all the circumstances of the case.

(2) Where under subsection (1) it is considered necessary to have a vehicle towed, transported, driven or otherwise removed, or where it is considered necessary to carry out emergency repairs or to adjust or off- load any part of the load of such vehicle, any expense incurred thereby shall be payable by the owner of the vehicle, and no such vehicle shall be released from the police station or other place of safety until either - (a) such expenses have been paid to the person to whom they are due; or (b) such person certies in writing that he is willing to allow the vehicle to be removed before he receives such expenses due to him.

(3) A police ofcer or inspector who orders the removal of a vehicle under this section shall not be held liable for any damage to or loss of any item from such vehicle during its removal to or detention at a police station or other place of safety.

(4) Any police ofcer, licensing ofcer or inspector, if he is of the opinion that any vehicle is being used in contravention of section 55 or section 56 or in contravention of any rules relating to the construction, use and equipment of vehicles, may by order prohibit the use of such vehicle, under such conditions and for such purposes as he may consider necessary for the safety of the public or to ensure that such vehicle does comply with the provisions of section 55 or 56; and any such order shall Rev.

2012] Trafc CAP.

403 71 remain in force until the repairs specied therein have been satisfactorily completed and the vehicle has been certied as complying with the rules relating to construction, use, equipment and weight.

(4A) Where a police ofcer, licensing ofcer or inspector makes an order under subsection (4) he may remove the vehicle identication plates and the vehicle licence and, if he does so, shall deliver them to the Authority to be kept while that order remains in force.

(5) Any person who permits the use of, or drives, any vehicle in respect of which any prohibition or restriction is in force other than in conformity with any conditions or for such purpose as may have been specied shall be guilty of an offence and liable to a ne not exceeding to a ne not exceeding fty thousand shillings and for a second or subsequent conviction to a ne not exceeding seventy ve thousand shillings, or to imprisonment for a term not exceeding twelve months.

(6) Any order issued under this section shall be in writing.

(7) Where any vehicle is required to be examined and tested for the purpose of being certied as complying with the provisions of this Act, the fee, if any, shall be paid by the owner of the vehicle.

(8) Any person who fails to comply with any instruction or order given under this section shall be guilty of an offence and liable to a ne not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months.

Detention of 107.It shall be lawful for any police ofcer to detain at a police vehicles.

station or other place of safety any vehicle which has been removed from a road or other public place under section 106 until such inquiries have been made by the police as they may think necessary in the circumstances of the case.

108.(1) If in any proceedings under this Act any question arises as Certicate of to whether a vehicle does or does not comply with any provisions of this inspector to be admissible in Act, the certicate of an inspector to the effect that he has examined the evidence.

vehicle and as to the result of his examination may be read as evidence although the inspector is not called as a witness.

(2) The court, if it thinks t, may summon and examine the inspector as to the subject matter of his certicate.

109.

In any proceedings under this Act, an extract from the Certied extract records of registered vehicles, certied under the hand of a licensing from records to be admissible in ofcer, may be received in evidence although the licensing ofcer is not called as a witness, and shall be prima facie evidence of the facts evidence.

72 CAP.

403 Trafc [Rev.

2012 therein set forth.

110.The owner of any vehicle and any other person who is Owner or other able to provide such information shall, as soon as reasonably possible person to furnish and in any case within seven days after having received a verbal or name and address of written request for such information, give such information as he may driver of vehicle.

be required by a police ofcer to give as to the identity of the driver of such vehicle.

111.(1) Any person who employs any other person to drive a Owner to keep list of motor vehicle shall keep a written record of the name, address and drivers employed.

driving licence number of such other person.

1 of 1986, s.

29, 38 of 2012, s.

44.

(2) Such record shall be preserved for a period of six months after the date when such person ceases to be employed as a driver, and shall be made available to any police ofcer on demand.

(3) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings.

112.Any person to whom any application is made for anything to Verication of facts.

be done under this Act may require any facts stated in the information to be veried to his satisfaction.

Giving false 113.

Any person who makes any statement which to his knowledge information.

is false or in any respect misleading in connexion with any information 38 of 2012, s.

45.

lawfully demanded or required under this Act shall be guilty of an offence and be liable to a ne not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both, and if such statement is made to any person in connexion with an application for any licence or permit the court convicting such person may also order that such licence or permit be not granted for a stated period.

Fraudulent imitation, 114.(1) Any person who fraudulently imitates, alters, mutilates, etc., of documents.

destroys or uses, or fraudulently lends or allows to be used by any other 38 of 2012, s.

46.

person, any licence, document, plate or mark issued or prescribed under this Act shall be guilty of an offence and liable to a ne not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

(2) A police ofcer may take possession of any licence, document, plate or mark relating to any suspected offence under this section.

Endorsements of 115.Notwithstanding any provisions to the contrary in any licence to be proof of Act contained, it shall be lawful for a court to accept the particulars conviction.

of endorsements on any licence issued in compliance with this Act Rev.

2012] Trafc CAP.

403 73 as prima facie evidence of previous convictions recorded against the holder thereof.

116.(1) Notwithstanding the requirements of or provisions in any Notice to attend court 1 of 1986, s.

30.

Act contained, it shall be lawful for any police ofcer to serve, either personally or by registered post, upon any person who is reasonably suspected of having committed any offence in connexion with the driving or use of any vehicle which is punishable only by a ne, or by a ne and imprisonment for a period not exceeding six months, a notice in the prescribed form requiring such person to attend court in answer to the charges stated thereon, at such place and on such date and time (which may be later in the day on which the notice is served or on any subsequent date) as are shown on such notice or to appear by advocate or to enter a written plea of guilty: Provided that - (i) such notice shall be served not later than fourteen days from the date upon which the offence is alleged to have been committed; (ii) failure to comply with this requirement shall not be a bar to the conviction of the accused in any case where the court is satised that the name and address of the accused could not with reasonable diligence have been ascertained in time for such notice to be served as afore- said, or that the accused by his own conduct contributed to the failure.

(2) Such notice as aforesaid shall for all purposes be regarded as a summons issued under the Criminal Procedure Code.

Cap.

75.

(3) A copy of such notice as aforesaid shall be placed before the court by which the charge is to be heard before the time xed for such hearing.

117.(1) The Minister may prescribe - Minor trafc offences.

(a) a schedule of minor trafc offences (in this section referred 52 of 1959.

11, to as the scheduled minor offences) which may be dealt with L.N.

242/1964, 1 of 1986, s.

31.

and prosecuted in accordance with the provisions of this section, and may for the purposes of this section prescribe a statutory maximum penalty, which shall not exceed the penalty prescribed for such offence by this Act, for any of the scheduled minor offences to be so dealt with and prosecuted; and 74 CAP.

403 Trafc [Rev.

2012 (b) a form of police notication of a trafc offence for use under this section.

(2) Subject to this section, any statutory maximum penalty prescribed under subsection (1) shall, notwithstanding that any other penalty may be prescribed by this Act, have effect for offences dealt with under this section.

(3) Notwithstanding any provision contained in this or any other Act, it shall be lawful for any police ofcer to serve, either personally or by afxing the same prominently to the vehicle concerned, upon the owner or person in charge of any motor vehicle who is reasonably suspected of having committed any of the scheduled minor offences, a police notication of a trafc offence in the prescribed form charging such person with having committed the offence or offences indicated in the notication and requiring such person to attend court to answer such charge or charges, at such time (which if the police notication is served personally on the owner or person in charge of the motor vehicle, may be within forty-eight hours of such service; or if the police notication is afxed prominently to the vehicle concerned, shall not be sooner than seven days after the date of such service) as is shown on such notication.

Cap.

75.

(4) Such notication as aforesaid shall for all purposes be regarded as a summons issued under the Criminal Procedure Code: Provided that the person served with the notication shall not be obliged to attend court in answer to the charge if he has pleaded guilty in writing and sent the notication, together with the amount of the statutory maximum penalty or penalties for the offence or offences to which he has pleaded guilty, by prepaid registered post or by hand, to the court indicated in the notication so as to reach that court within the time indicated in the notication.

(5) The court may, on receipt of a plea of guilty, proceed to conviction and may, after considering any mitigating circumstances stated in writing or personally by the accused, pass a sentence imposing the statutory maximum penalty or remitting the penalty in whole or in part and direct that a refund of the whole or of any portion of the penalty remitted to be made to the accused.

(6) If any person served with a notication under this section fails to comply with such notication, the person to be liable for the offence shall be the registered owner of the vehicle or, when the registered owner is a company, the person appointed by the company to be liable under this subsection or, in default of such appointment, the secretary, or person performing the duties of secretary, of such company, unless Rev.

2012] Trafc CAP.

403 75 it is shown by such person, owner or secretary, as the case may be, that he was not in charge of the vehicle at the relevant time and he satises the court that he has given all information at his disposal to the police or the court to enable the person who was in charge at the relevant time to be summoned.

(7) A copy of the notication shall be placed before the court by which the charge is to be dealt with at the time xed for the attendance of the accused to answer the charge, and, unless the court otherwise directs, such copy may be used as a charge sheet.

(8) If any person having been served with a notication issued under this section fails either to attend the court on the day and at the time specied in such notice or to plead guilty and pay the statutory maximum penalty in the manner indicated before such day, he may be brought before the court either by summons or by warrant and, unless he shows good cause to the contrary, shall be guilty of an offence and liable forthwith by order of the court to a ne not exceeding two hundred shillings or to imprisonment for a term not exceeding one month.

(9) (a) If any person, other than an authorized person, removes from a vehicle a police notication of a trafc offence which has been afxed thereto by a police ofcer in pursuance of this section, or any portion of such notication, or tears or defaces the same, he shall be guilty of an offence and liable on rst conviction to a ne not exceeding two hundred shillings, and on each subsequent conviction to a ne not exceeding ve hundred shillings or to imprisonment for a term not exceeding three months.

(b) In this subsection, authorized person means the owner or person in charge of the vehicle or any person authorized by the owner to remove the notication.

(10) Any owner or person in charge of a vehicle who nds afxed thereto a police notication of a trafc offence which appears to have been torn or defaced so that it is not fully legible shall within two days report, either in writing or personally, to the police station of the area in which the notication was found, and if he fails so to report he shall be guilty of an offence and liable to a ne not exceeding one hundred shillings.

117A.

The Inspector-General of the Police shall cause to be Preparation of prepared a document showing the offences set out in this Act and their summary document.

respective penalties, in a summary form, and the document shall be 37 of 2012, s.

made available to all law enforcement ofcers for purposes of enforcing this Act.

76 CAP.

403 Trafc [Rev.

2012 Assignment of 117A.

(1) Subject to subsection (2), where a person is convicted demerit points on of an offence specied in the Schedule, the court may, in addition to conviction for certain any penalty, order offences.

38 of 2012, s.

47.

(a) that the demerit points specied in that Schedule in relation to the offence be recorded against any license held by that person; and (b) that the person be disqualied in accordance with subsection (4).

(2) Subsection (1) shall not apply if the penalty imposed by the court on the convicted person includes an order disqualifying that person from holding or obtaining a driver's license.

(3) Where a person is served with a prescribed notice under section 117 in respect of an offence to which that section relates, and pays the maximum penalty in accordance with that section (a) the number of demerit points specied in the Schedule shall be recorded; and (b) the police shall record in respect of that person (i) details of the offence committed; (ii) the date on which the maximum penalty was paid; (iii) the number of demerit points specied in the schedule in relation to that offence; and (iv) as of that date, the total number of demerit points re- corded against the licence of that person.

(4) Where the demerit points accumulated by a person total to (a) ten or more but less than fourteen, that person shall be disqualied from holding or obtaining a driver's licence for a period of six months; (b) fourteen or more but less than twenty, that person shall be disqualied from holding or obtaining a driver's licence for a period of one year; (c) twenty or more, that person shall be disqualied from holding or obtaining a driver's licence for a period of two years.

Rev.

2012] Trafc CAP.

403 77 (5) Where demerit points have been recorded against a person's licence under this section, and for a period of three years after the date of the latest recording no further demerit points are recorded, the demerit points shall be expunged from the records: Provided that in calculating the period of three years, no account shall be taken of any period of disqualication pursuant to subsection (4), or by virtue of an order of the court under any other provision of this Act.

Ofcer Commanding 117B.

In each police division, the Ofcer Commanding Police Police Division to be Division shall be responsible for trafc matters within the division and in charge of Trafc all police ofcers shall be responsible for trafc matters.

matters.

37 of 2012, s.

General penalty.

118.(1) Any person who acts in contravention of or fails to 5 of 1971, s.

5, comply with the provisions of this Act, or who acts in contravention 38 of 2012, s.

48.

of or who fails to comply with the conditions of any licence, order, demand, requirement or direction issued under or in pursuance of this Act, shall be guilty of an offence.

(2) Any person who is guilty of an offence under this Act for which no penalty is otherwise provided shall be liable - (a) for a rst offence, to a ne not exceeding ten thousand shillings; (b) for a second or subsequent offence, to a ne not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months or to both.

(3) All offences under this Act shall be cognizable to the police.

Local authority 118A.(1) A municipal council, and a county council may make may make by-laws by-laws: regulating taxicabs, etc.

(a) for controlling taxicabs within its area; L.N.

256/1963.

(b) for xing the number of taxicabs permitted in its area; (c) for requiring the installation and providing for the inspection of meters on such taxicabs; (d) for licensing the drivers of such taxicabs; (e) for xing the fees for any such licences; and (f) for prohibiting the parking of taxicabs, except for the picking up or depositing passengers or loads, elsewhere than on stands provided for taxicabs.

78 CAP.

403 Trafc [Rev.

2012 (2) Every municipal council, urban council and area council may make by-laws for controlling animal or human drawn vehicles which are not licensed under any of the other provisions of this Act.

(3) The procedure for the making, approval and publication of Cap.

265.

by-laws made under subsection (1) and subsection (2) shall be that prescribed in the Local Government Act, and, for the purposes of their enforcement and the disposal of nes imposed for their contravention, such by- laws shall be deemed to be by-laws made by the same local authority under that Act.

(4) In this section, controlling includes regulating, inspecting, supervising and licensing.

Rules.

119.(1) The Minister may make rules prescribing - 39 of 1956, Sch., L.N.

242/1964, (a) anything required by this Act to be prescribed; 5 of 1971, s.

6, 19 of 1982, Sch., (b) the forms to be used for any purposes of this Act; 1 of 1986, s.

32., (c) the weight of goods and passengers, the number of 33 of 2012, s.

62.

passengers which vehicles may carry, the method by which seating capacity is to be determined and the gross weight of vehicle; (d) the weight and size of vehicles which may be permitted on any class of road and the manner in which, if at all, vehicles whose weight or size is in excess of the prescribed maximum weight or size may be allowed to use any road; (da) devices to be tted to any class or type of vehicle for restricting their speed to a specied speed (and different devices and different speeds may be prescribed for different classes or types of vehicles); (db) tachographs or other instruments for recording their speed and other details of their operation to be tted to any class or type of vehicle; (dc) the standards for or inspection, approval, calibration or testing of devices, tachographs or other instruments prescribed under paragraphs (da) or (db); (e) the construction of, and equipment to be carried by, any class of vehicle, and in particular the type of tyres lights and warning instruments to be carried by any class of vehicle, and any restriction in the carrying or use of lights, and warning instruments; (ea) by reference to shape, construction or any other qualities, types of helmet or head-dress which may or must be worn as affording protection to persons on or in motor-cycles, or motor-cycles of different classes or descriptions, from injury Rev.

2012] Trafc CAP.

403 79 in the event of accident, and prohibiting the manufacture or sale of helmets or head-dresses which do not comply with such rules; (eb) subject to such exceptions as may be prescribed, the wearing of seat belts of such description as may be prescribed by persons who are driving or riding in any class or type of vehicle (and different rules may be prescribed for different classes or types of vehicles); (ec) the standards for, construction of or approval of seat belts prescribed under paragraph (eb); (f) the carrying on any class of vehicle of any special identication plates, and the fees to be charged for such plates; (fa) the carrying on any class of vehicle of reecting triangles for the purpose of section 53 (3) and the construction of, standards for, approval or supply and fees to be charged for such triangles; (g) all matters relating to the inspection, registration, licensing, regulation and control of vehicles and to the conditions which may be imposed in regard thereto; (ga) all such matters relating to the regulation of establishments or persons engaged in teaching for gain the driving of motor vehicles as the Minister may deem necessary for the proper control of such establishments or persons, including the grant, revocation or variation of licences and appeals relating thereto, the testing of instructors, the inspection of vehicles and premises, and the fees payable for any of the above matters; (h) the regulation of the conduct of drivers and conductors of public service vehicles, and the wearing by them of special badges and uniforms, and the fees to be paid for any badges provided by an authority; (i) conditions of service and hours of work for persons employed by owners of public service and commercial vehicles; (ia) the records to be kept by the drivers of any class or type of vehicle (and different rules may be prescribed for different classes or types of vehicles); (j) the regulation of the carriage of luggage and goods on public service vehicles; (k) the rules of the road, and the signals to be given and obeyed by the drivers of vehicles; (ka) all such matters as the Minister may deem necessary for the establishment on roads, and the regulation of the use of, crossings for foot passengers, including the indication of 80 CAP.

403 Trafc [Rev.

2012 such crossings by marks or devices on or near roadways or otherwise, the precedence of vehicles and foot passengers respectively, and generally with respect to the movement of trafc (including foot passengers) at and in the vicinity of such crossings; (l) the procedure to be adopted and the conditions to be observed in connexion with the issue of documents necessary for international travel, and the use of such documents in Kenya; (m) the conditions on which motor vehicles licensed outside Kenya may be used within Kenya and on which persons holding driving licences or permits issued outside Kenya may be allowed to drive within Kenya; (n) measures for controlling or prohibiting the movement of vehicles of any specied class or description between the hours of 6.45 p.m.

and 6.15 a.m.; (o) measures for controlling or prohibiting the use of vehicles of any specied class or description on any sea beach or foreshore or other place to which the public have access; (p) measures for generally restricting or regulating the use of vehicles in such manner as the circumstances and safety on the roads may appear to him to require, and for the further, better or more convenient carrying out of any provisions of this Act; (q) the penalties which may be imposed for the breach of such rules not exceeding- (i) in the case of a rst conviction, a ne not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years or both; (ii) in the case of a second or subsequent conviction, a ne not exceeding four hundred thousand shillings or im- prisonment for a term not exceeding four years or both.

(2) In any case when the Minister has not prescribed a suitable form under paragraph (b) of subsection (1), the Authority may direct that a particular form shall be used for a particular purpose.

Power to suspend 120.The Minister may, by notice published in the Gazette, suspend, restrict or limit the application of any of the provisions of this and exempt from Act or of any subsidiary legislation made thereunder, either generally provisions.

or in respect of any particular class or classes or description of vehicle, L.N.

242/1988, for such period and subject to such conditions as he may think t, and, 8 of 1968, Sch.

similarly, may exempt any vehicle or any class or classes or description of vehicle from all or any of such provisions.

Rev.

2012] Trafc CAP.

403 81 SCHEDULE(s.117A) Description of offence Demerit points 38 of 2012, s.

49.

Driving without registration plates afxed.

4 Driving while disqualied.

14 Driving under the inuence of alcohol .14 Exceeding the prescribed speed limit (i) By 10 to 20 Kph.

2 (ii) By 21 to 30 Kph.

4 (iii) By 31 Kph or more.

6 Causing death by driving or obstruction .14 Careless driving .4 Racing or speed trials on a road.6 Driving motor vehicle under the inuence of drink or drugs.14 Failure to stop when so required by a police ofcer.2 Not stopping after an accident where damage or injury is caused.2 Failure to report an accident.6 No headlamps on vehicles.6 No registration plate light on vehicle.2 No tail-lamp on vehicle.4 No device for deecting beam of head-lamp.2 Sounding a horn so as to make an unreasonable noise.2 Failure to observe silence zones.2 Driving defective vehicle.2 Driving motor vehicle in violation of the rules of the road by (a) Overtaking on the nearside of other trafc.3 (b) Failing to allow passage to other overtaking vehicles.2 (c) Overtaking in a manner obstruction of oncoming vehicles.6 (d) Crossing so as to obstruct trafc.3 (e) Driving on to one road from another and causing obstruction.3 (f) Driving on to a road from a place not being a road causing obstruction to trafc.3 (g) Overtaking without a clear view.6 (h) Reversing a vehicle further than necessary.2 Failure to obey commands of police ofcer to stop or otherwise.2 Failure to obey red light or stop sign.6 Failure to comply with any other trafc sign.2 Failure to observe provisions concerning pedestrian crossing.4 Failure to supply specimen of breath when so required by police ofce.14 Failure to submit to breath analysis or willful alteration of alcohol concentration in breath or blood.14 Reckless driving.14 82 CAP.403 Trafc [Rev.

2012 [Subsidiary] INDEX TO SUBSIDIARY LEGISLATION Page Under section 15 (3) Exclusion.

73 Under section 51 Approval of fuel.

73 Under section 70 (2) Authorization.

73 Under section 71 (1) Authorization.

73 Under sections 72A and 72J.

73 Various by-laws (not reproduced) Trafc (Omnibus Stations).

74 Under section 117 Trafc (Minor Offences) Rules.

81 Under section 118A Various by-laws (not reproduced) Under section 119 Trafc Rules.

86 Trafc (Driving Schools) Rules.

187 Trafc (Nyali Bridge) Rules .207 Trafc (Movement) Rules .209 Trafc (Signs) Rules .210 Trafc (Speed Limits) Rules.

232 Under section 120 Suspension, restrictions and limitations .233 Rev.

2012] Trafc CAP.

403 83 [Subsidiary] SUBSIDIARY LEGISLATION L.N.

23/1967.

Exclusionundersection15(3) Taxicabs required to be inspected by or on behalf of a local authority under any by-law of the local authority from operation of section 17 (2).

Approval of fuel under section 51 L.N.

15/1984.

Gasohol.

L.N.

178/1956.

Authorizationundersection70(2) The erection is authorized of a sign (other than the trafc sign of the prescribed size, colour and type) indicating that the road is closed to vehicles of a particular type or within specied hours or under specied conditions.

L.N.

1374/1955.

Authorizationundersection71(1) All ofcers in charge of Ministry of Public Works divisions are authorised to represent the highway authority for the purposes of this subsection.

By-laws under section 72A and 72J L.N.

25/1969.

(These are not reproduced as being of local application only.) L.N.

43/1969.

L.N.

168/1978.

Naivasha (Omnibus Terminus) By-laws.

L.N.

238/1970.

Thika (Omnibus Terminus) By-laws.

L.N.

255/1977.

Nairobi (Designated Parking Places) By-laws.

L.N.

239/1970.

Nairobi (Country Omnibus Stations) By-laws L.N.

87/1976.

amended by L.N.

134/1976.

Mombasa (Designated Parking Places) By-laws.

L.N.152/1976.

Taita-Taveta (Parking Places and Omnibus Stations) By-laws.

L.N.240/1976.

Meru (Omnibus Station) By-laws.

Kisii (Omnibus Station) By-laws.

L.N.39/1977.

Kakamega (Parking Places and Omnibus Stations) By-laws.

L.N.40/1977.

Nakuru (Designated Parking Places ) By-laws.

L.N.41/1977.

Homa Bay (Omnibus Station) By-laws.

L.N.80/1977.

Bungoma (Parking Places and Omnibus Stations) By-laws.

L.N.102/1977.

Kitale (Omnibus Stations and Parking Places) By-laws.

L.N.131/1977.

Embu (Parking Places and Omnibus Stations) By-laws.

L.N.

135/1977.

Kiambu (Omnibus Station) By-laws.

L.N.193/1977.

Nakuru (Omnibus Stations) By-laws.

L.N.67/1978.

Webuye (Omnibus Station) By-laws.

Kisumu (Designated Parking Places) By-laws.

84 CAP.403 Trafc [Rev.

2012 [Subsidiary] By-laws under section 118A L.N.

169/1963.

(These are not reproduced as being of local application only.) L.N.

62/1964.

L.N.

262/1976.

Nairobi (Taxi-Cab) By-laws amended by L.N.

645/1963.

amended by L.N.

226/1969.

L.N.

42/1977.

Mombasa (Carts) By-laws amended by amended by L.N.

98/1965.

Nakuru (Taxi-Cab) By-laws.

L.N.

234/1965.

L.N.

133/1966.

Kericho (Carts) By-laws.

L.N.

280/1969.

Kisumu (Taxi-Cab) By-laws L.N.

299/1966.

amended by L.N.

59/1967.

Nairobi (Carts) By-laws.

L.N.

13/1968.

Eldoret (Taxi-Cab) By-laws.

Thika (Carts) By-laws.

L.N.

296/1968.

Naivasha (Carts) By-laws.

L.N.

60/1969.

Kiunga (Carts) By-laws.

L.N.

63/1969.

Faza (Carts) By-laws.

L.N.

64/1969.

Lamu (Carts) By-laws.

L.N.

67/1969.

Witu (Carts) By-laws.

L.N.

151/1976.

Kisii (Taxi-Cab) By-laws.

L.N.

180/1976.

Karatina (Carts) By-laws L.N.

52/1978.

Kisumu (Carts) By-laws THE CITY OF NAIROBI (OMNIBUS STATIONS) BY-LAWS, 2008 L.N.

37/2008.

Citation.

These By-laws may be cited as the City Council of Nairobi (Omnibus Stations) By-laws, 2008.

Interpretation.

In these By-laws, except where the context otherwise requires council means the City Council of Nairobi; country omnibus means an omnibus carrying passengers for hire or reward departing to or arriving from any place outside the city; country bus stop means a stopping place designated and appointed as a country omnibus stop under section 102(4) of the Act; omnibus means a public service vehicle licensed under Part XI of the Act having seating accommodation for more than seven passengers exclusive of the driver; and include a country omnibus; omnibus station means any station that is established by the council Rev.

2012] Trafc CAP.

403 85 [Subsidiary] from time to time; owner means any person whether a company or association or body of persons corporate or incorporate in whose name an omnibus is registered and, in the case of an omnibus subject to a hire purchase agreement, includes the hirer under the agreement; station supervisor means the person appointed in writing by the council to manage, control and supervise the omnibus station or omnibus stations specied in such appointment and includes his duly authorized assistant; town clerk means the person for the time being holding the ofce of the town clerk of the council, his deputy and any other ofcer of the council authorized by the town clerk in writing for the purpose of these by-laws.

(1) No driver of an omnibus when carrying passengers for hire or Start and termination reward shall, without the prior written permission of the Town Clerk, start or of a journey.

terminate any journey.

(2) Every driver of an omnibus when carrying passengers for hire or reward shall follow such routes as are laid down by the Council for the purpose of starting or terminating any journey.

No driver of omnibus when carrying passengers for hire or reward, Completion of once having departed from an omnibus station, shall return to that omnibus schedule journey.

station until he has completed the scheduled journey in respect of such departure.

No omnibus, whilst plying for hire or reward and carrying passengers, shall, without the prior written permission of the Town Clerk, be parked in any place other than an omnibus station: Provided that nothing in this by-law shall apply to any omnibus standing at any stopping place designated as an omnibus stop for the purpose only of (a) Picking up passengers on the outward journey for destinations outside the omnibus station; or (b) Setting down passengers from outside the omnibus station on the onward journey.

(1) An owner of an omnibus utilizing an omnibus station shall furnish Approval of the Town Clerk with a copy of his operative timetable indicating the scheduled timetable.

times of arrival and departure of all services, and the Town Clerk may in his discretion approve such a timetable.

(2) Before the Town Clerk approves a submitted timetable he may, if he deems necessary require that amendments and alterations be made to it in the interests of the efcient and smooth running of an omnibus station.

(3) An owner of a motor omnibus shall adhere to his approved timetable.

86 CAP.403 Trafc [Rev.

2012 [Subsidiary] (4) No motor omnibus shall remain within the omnibus station for a period exceeding one hour or such other period as the council may from time to time determine.

(5) Where the approved timetable provides an interval exceeding one hour between the arrival and departure of any motor omnibus, such omnibus shall be removed from the omnibus station to a lawful place of parking not being a parking provided adjacent to a carriage way and it shall not be returned to the omnibus station earlier than thirty minutes before the departure time.

Manner of parking in 7.

(1) All motor omnibus within an omnibus station shall be under the an omnibus station.

directions of a station supervisor and the drivers of any such omnibus shall at all times comply with and obey all instruction directions and orders given by the station supervisor in respect of the place and manner of parking, the time of departure and arrival and any other matters conducive to the efcient and safe operation of an omnibus station.

(2) No motor omnibus once having been parked in a parking bay shall be removed from such a bay without the express permission of the station supervisor except when starting a journey.

(3) The Council may from time to time lay down conditions covering such matters as are referred to in paragraph (1) of this by-law and may cause such conditions to be prominently displayed at an omnibus station.

Removal of omnibus.

(1) Where a motor omnibus is left in an omnibus station otherwise than in the manner authorized by part VIA of the Act or by these by-laws, the station supervisor or a police ofcer may have the same removed and kept in safe custody.

(2) An owner of a motor omnibus removed in pursuance of Paragraph (1) of this by-law shall not be entitled to recover the same until he has paid to the council such a fee as shall be approved by the council from time to time.

Persons in an 9.

Any person including an employee of the owner of an omnibus but not omnibus.

the owner of an omnibus shall be deemed to be there for the purpose of being carried therein for hire or reward.

10.

No person shall use, or cause to be used any motor omnibus parked Sales.

in the omnibus station for purpose of effecting any sale purchase or exchange of any goods.

Manner of entering 11.

Where six or more persons are waiting to enter a motor omnibus at an omnibus station they shall form a queue, and no person shall enter or attempt an omnibus.

to enter an omnibus ahead of any person in such a queue.

Instructions and 12.

Every person in an omnibus shall comply with and obey all lawful directions of station instructions, directions or others given by a station supervisor for the purpose supervisor.

for that purpose by the council.

Rev.

2012] Trafc CAP.

403 87 [Subsidiary] 13.

No person shall deposit or cause to be deposited in an omnibus Conduct of persons.

station any refuse or garbage otherwise than in receptacle provided for that purpose by the council.

14.

No person at omnibus station or at a country omnibus station shall Restriction at Omnibus Station.

(a) willfully interfere with or obstruct a station supervisor acting in the performance of his duties; (b) willfully interfere with or obstruct any person alighting from or entering or intending to board an omnibus; (c) enter or attempt to board an omnibus otherwise than by the doors provided for that purpose; (d) willfully obstruct any driver or conductor or an omnibus from acting in the performance of his duty as a driver or conductor; (e) otherwise behave in a disorderly manner.

15.

No person shall, within an omnibus station Nuisance.

(a) urinate in a place other than a lavatory; (b) interfere with or molest any other person; (c) tout or shout or call out for customers; (d) cause any disturbance or use any offensive, injurious or unbecoming language; (e) damage, deface, foul, misuse or interfere with any part of such omnibus station or any equipment, tting or xture provided thereon or therein; (f) spit; (g) play games or loiter therein or thereabouts; (h) operate or cause or suffer to be operated an instrument tted into an omnibus capable of giving audible and efcient warning of its approach or position in such a manner as to be so loud and so continuous or repeated as to cause annoyance and to be a nuisance to the public.

16.

Where ticket ofces are provided by the Council on payment of rent, Ticket ofces.

no person shall within or in the vicinity of an omnibus station buy or sell a ticket or any document purporting to entitle a person to travel on any omnibus except at such ticket ofces.

Issue of tickets.

17.

No omnibus shall depart from the omnibus station until every passenger therein has been issued with a ticket for his journey.

Hawking and trading.

18.

No person shall hawk, solicit or carry on any trade within or in the vicinity of an omnibus station except with the prior written permission of the Town Clerk.

Trading facilities.

19.

The Council may provide suitable trading facilities in an omnibus station and such facilities may be let or hired out upon such conditions as it 88 CAP.403 Trafc [Rev.

2012 [Subsidiary] may from time to time determine.

Fees and charges.

20.

(1) The owner of any omnibus using an omnibus station shall pay to the Council such fees as the council may prescribe with the approval of the Minister.

(2) For the purpose of this by-law any omnibus driven into an omnibus station shall be deemed to be using the omnibus station.

(3) No person shall drive an omnibus into an omnibus station when the fee due in respect thereof has not rst been paid.

21.

(1) In the case of a rst offence, to a ne not exceeding two thousand Offences and Kenya shillings, or imprisonment for a term not exceeding six months, or to penalties.

both such ne and imprisonment; or (2) In the case of a second or subsequent offence, to a ne not exceeding three thousand Kenya shillings, or imprisonment for a term not exceeding nine months, or to both such ne and imprisonment.

Revocation of 22.

By-laws 366, 367, 368,369,370,371, 372, 373, 374,375, 376, 377, L.N.

1083/1948.

379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393.

23.

The following are the authorized routes and designated parking areas for omnibuses; Terminus Route Destination Route Description Circular CBD Shuttle Circular within CBD Muthurwa-Globe Cinema A Roundabout (via Haile Selassie Avenue Moi Avenue- Muranga Road) Community (via Tom Mboya Street Cabral Street-Moi Avenue Kenyatta Avenue - Ngong Road) and back to Muthurwa (via Ngong Road - Haile Selassie Avenue Rev.

2012] Trafc CAP.

403 89 [Subsidiary] Terminus Route Destination Route Description Muthurwa Community Circular CBD Shuttle Circular within CBD (via Haile Selassie Avenue and Ngong road) Globe Cinema (via Ngong Road- Kenyatta Avenue Moi Avenue-Muranga Road) and back to Muthurwa (via Tom Mboya Street Moi Avenue Haile Selassie Avenue Muthurwa 19 C Komarock Komarock Estate- Kangundo Road, Outer Ring Road Jogoo Road, Muthurwa Muthurwa 19/60 Kayole Kayole Estate Kangundo Road Outer Ring Road Jogoo Road Muthurwa Muthurwa 60/35 Umoja Umoja Estate-Kangundo Road-Outer Ring Road- Jogoo Road Muthurwa Muthurwa 39 Ruai Ruai-Kangundo Road- Outer Ring Road-Jogoo Road-Muthurwa Muthurwa Kangundo Kangundo Road-Outer Ring Road-Jogoo Road- Muthurwa Muthurwa 10 Maringo Maringo-Jogoo Road Muthurwa Muthurwa 33 Embakasi Embakasi-Airport North- Outer Ring Road-Jogoo Road-Muthurwa Muthurwa 34B Greeneld/Sahara Green Fields/Sahara-Outer Ring Road-Jogoo Road- Muthurwa Muthurwa 58 Buru Buru Buru Buru-Mumias Road- Jogoo Road-Muthurwa Muthurwa 36 Dandora Dandora-Komarock Road-Mumias Road- Mutarakwa-Jogoo Road- Muthurwa 90 CAP.403 Trafc [Rev.

2012 [Subsidiary] Terminus Route Destination Route Description Muthurwa 56 Kariobangi South Kariobangi South- Heshima Road-Jogoo Road-Muthurwa Muthurwa 23 Outer Ring Estate Outer Ring Estate-Mumias Road-Buru Buru Road- Heshima Road-Jogoo Road-Muthurwa Muthurwa 71 Lunga Lunga Lunga Lunga-Likoni Road-Jogoo Road- Muthurwa Hakati Road 11 South B From South B: Dunga Terminus Road-Bunyala Road- Uhuru Highway-Haile Selassie Avenue-Race Course Road-Uyoma Road-Hakati From Hakati Road Terminus: Hakati Road- Mfangano Street-Ronald Ngala Street-Moi Avenue- Haile Selassie Avenue- Uhuru Highway-Bunyala Road-Dunga Road-South B Hakati Road 33B (via Embakasi Embakasi-North Airport Terminus Mombasa Road-Mombasa Road- Road) Uhuru Highway, Haile Selassie Avenue-Race Course Road-Uyoma Road-Hakati Muthurwa 69/72 Enterprise Road (Industrial Enterprise Road-Lusaka Area) Road-Muthurwa Rev.

2012] Trafc CAP.

403 91 [Subsidiary] Rules under section 117 L.N.

110/1975, THETRAFFIC(MINOROFFENCES)RULES L.N.

43/1984.

These rules may be cited as the Trafc (Minor Offences) Rules.

The minor trafc offences which may be dealt with and prosecuted in accordance with the provisions of section 117 of the Act shall be those specied in the First Schedule.

The statutory maximum penalty which may be imposed in respect of each of the minor trafc offences specied in the First Schedule shall, for the purposes of section 117 of the Act, be the statutory maximum penalty specied in that Schedule in relation to each such offence.

The form of police notication of a trafc offence for use under section 117 of the Act shall be the form in the Second Schedule.

92 CAP.403 Trafc [Rev.

2012 [Subsidiary] FIRST SCHEDULE (rr.

2 and 3) scheDUleD mInor offences _ Section of the Act Statutory or Rule of the Nature of Offences Maximum Trafc Rules Penalty _ Sh.

Sections 12(1) Failure to carry identication and 14 plate or mark.

400 2.

Sections 12(1) and 14; rule 7 Using identication plate or mark other as prescribed.

400 3.

Rule 7(3) Defective identication plate or mark.

100 4.

Rule 38 Failure to display P.S.V.

sign as required.

100 5.

Sections 15(1) Using an unlicensed motor vehicle 500 and 29 6.

Sections 20 Failure to display vehicle licence.

100 and 29 7.

Sections 32(4) and 41; rule Learner failing to carry two L plates.

100 12(1)(b) 8.

Sections 42(1) Exceeding speed limit prescribed for and 43(1) class of vehicle.

500 9.

Sections 42(3) Exceeding speed limit of 50 k.p.h.

or and 4 and 43(1) as prescribed by a trafc sign.

300 10.

Sections 52 Failure to obey direction of uniformed (a) and 67 police ofcer.

200 11.

Sections 52A Leaving a vehicle in a parking area (1) (a) and 67 for a period in excess of time prescribed by a trafc sign.

100 12.

Sections 52A Contravention or failing to comply (1) (b) and 67 with a trafc sign relating to the manner in which vehicles should stand Rev.

2012] Trafc CAP.

403 93 [Subsidiary] in, or be driven into or out of, a parking are a.200 13.

Sections 52A Leaving a vehicle in contravention (1)(c) and 67 of trafc sign relating to a parking area.100 14.

Sections Allowing a vehicle to remain where it 53(1) and 67 causes or is likely to cause obstruction or inconvenience to trafc.300 15.

Sections 55 Using a vehicle without prescribed and 58; rule 25 reectors .100 16.

Sections 55 Failure to carry an efcient and 58; rule 26 silencer .300 17.

Sections 55 Using a vehicle emitting smoke or and 58; rule visible vapour .500 27(1) 18.

Sections 55 Using a vehicle without a driving mirror.100 and 58; rule 29 19.

Sections 66(a) and 67 Leaving a vehicle unattended with engine running.100 20.

Sections 90 Driving a vehicle on a footpath.200 (2)(a) and 94 21.

Rule 34(3) Unnecessary use of warning instrument when stationary .200 22.

Rule 64(b) Omnibus driver failing to stop close to and 69 nearside .200 23.

Rule 74 Driver of slow moving vehicle failing to keep close to nearside.200 24.

Rule 79 Travelling backwards for unnecessary distance or time.200 25.

Rule 80 Travelling with part of body outside moving vehicle.200 26.

Rule 81 Filling with petrol while engine running, or person failing to keep distance prescribed.100 94 CAP.403 Trafc [Rev.

2012 [Subsidiary] SECOND SCHEDULE (r.

4) PolIce notIfIcatIon of traffIc offence the traffIc act (Cap.

403) the traffIc (mInor offences) rUles TO: THE OWNER OR PERSON IN CHARGE OF VEHICLE NO.:.

1.You are charged with offence[s] No[s].

(see reverse) committed at.

on ., 19., at.

a.m./p.m.

If you do not admit the charge[s] you are hereby required to attend at the Trafc Court, ., on the.

day of ., 19., at.

a.m.

to answer the said charge[s].

If you do admit the charge[s] you should - (i) complete and sign the admission at X on the reverse of this notication and send this notication, together with the amount of the statutory maximum penalty for the offence[s], by prepaid registered post or by hand to the Trafc Court,.

., so as to reach the court within seven (7) days from the date of issue of this notication; (ii) if you wish, submit with your remittance any mitigating circum- stances which you desire the magistrate to take into account.

If, after considering any mitigating circumstances, the court decides to remit the penalty or any part thereof, you will be informed by letter, whereupon you should promptly attend the court concerned to collect the amount refunded.

WARNING.

- Failure to comply with this notication renders you liable to arrest and heavy penalties including imprisonment.

Rev.

2012] Trafc CAP.

403 95 [Subsidiary] (Reverse of Police Notication of Trafc Offence) scheDUle of offences UnDer the traffIc act anD the traffIc rUles Here must be set out the offences and penalties set out in the First Schedule.

FOR POLICE USE ONLY (For Personal Service) Name.

Address.

Signature of Issuing Ofcer Station.

Time.

a.m./p.m.

Date of issue ., 19.

X ADMISSION OF GUILT (Do not detach) I admit the charge(s) specied on the front of this notication.

Full name (IN BLOCK LETTERS).

Address (residential or business).

P.O.

Box.

Telephone No.

Driving Licence or Certicate of Competency No.

Date of Expiry of Driving Licence.

Signature.

Date., 19.

To be sent to the Trafc Court addressed as overleaf with above-mentioned amount - see paragraph 3.) For Court Use Only.

96 CAP.403 Trafc [Rev.

2012 [Subsidiary] Rules under section 119 THE TRAFFIC RULES ARRANGEMENT OF RULES Rule Part I PrelImInary 1 Citation.

2 Interpretation.

3 Offences under Act and Rules.

4 Fees.

5 Forms, marks, etc.

Part II regIstratIon anD lIcensIng of VehIcles 6 Identication marks.

6ADeregistration.

7 Identication plates.

7A Authorization permits.

8 Manner of carrying licence.

8A - Manner of carrying vehicle licence certicate.

8B - Deleted.

9 Vehicles exempted from registration and licensing.

Part III DrIVIng lIcences anD tests 10 Vehicles requiring inspection report.

10A Inspection certicate.

11 Validity of licences and permits.

12 Provisional licences.

13 Driving test.

14 Driving licence.

15 Register of driving tests.

16 Applicant to provide vehicle.

17 Driving tests classes of vehicles.

Part IV constrUctIon, eqUIPment anD Use of VehIcles 18 Wheels and tyres of motor vehicles and trailers.

19 Wheels and tyres of other vehicles.

20 Wheels and tyres to be adequate.

21 Springs.

22 Brakes.

22A Fitting of seat belts.

23 Lights on motor vehicles.

24 Lights on vehicles other than motor vehicles.

25 Reectors and warning signs.

25AMotor cyles.

26 Silencers.

27 Emission of smoke and sparks.

28 Reversibility.

Rev.

2012] Trafc CAP.

403 97 [Subsidiary] Rule 29 Reecting mirror.

30 Windscreens and windows.

31 Vehicles steered from left-hand side.

32 Types of direction indicator.

33 Safety glass.

34 Warning instruments.

35 Wings.

36 Trailer couplings.

37 Speedometers.

38 Windscreen wipers.

38A Public service vehicle plates.

Part V sPecIal ProVIsIons relatIng to motor omnIBUses or Matatus 39 Markings on commercial vehicles and trailers.

40 Trailer plates.

41 Weights and dimensions of vehicles.

41A - Fitting of governors.

42 Body construction.

43 Wheel tracks.

44 Doors and steps.

45 Emergency window or panel.

46 Access to doors and emergency exits.

47 Ventilation.

48 Interior illumination.

49 Destination indicators.

50 Signalling devices.

51 Internal height.

52 Clearance.

53 Windscreen.

54 Windows.

54ATinted motor vehicle windows.

55 Name-plates.

55A - Horizontal band on matatus.

56 Fire extinguishers and rst-aid outts.

57 Conductors.

58 Trailers.

59 Routes.

60 Petrol, etc.

61 Luggage.

Part VI sPecIal ProVIsIons relatIng to DrIVers, conDUctors anD Passengers of motor omnIBUses or matatUs 62 Interpretation of Part.

63 Conduct of drivers and conductors.

64 Conduct of driver.

65 Conduct of conductor.

65A - Badges and uniform.

66 Conduct of passengers.

98 CAP.403 Trafc [Rev.

2012 [Subsidiary] Rule 67 Powers of authorized persons and police.

68 Lost property.

69 Penalties under this Part.

Part VII sPecIal ProVIsIons relatIng to taXIcaBs 70 Yellow bands.

71 Photographs.

72 Penalties under Part.

Part VIII traffIc regUlatIon 73 Meeting or overtaking trafc.

74 Slow-moving trafc.

75 Duty to keep left.

76 Turning left.

77 Turning right.

78 Change of trafc lane.

78A Trafc on roundabouts.

79 Travelling backwards.

80 Travelling with part of body outside vehicle.

81 Filling petrol.

82 Pedal cyclists.

83 Priority for police, re engines and ambulances.

84 (Deleted).

Part IX seatIng anD Passenger caPacIty of VehIcles 85 Arrangements of seats in motor omnibuses.

86 Seating capacity of public service vehicles.

87 Drivers seat in motor omnibus or commercial vehicle.

88 Passengers on commercial vehicles.

89 Children.

90 Penalties under Part.

Part X InternatIonal traffIc 91 Interpretation of Part.

92 Issue of international documents.

93 International circulation permit.

94 Exemption from registration and licensing.

95 Distinguishing sign.

96 Transfer of vehicles.

97 Removal of distinguishing sign and plate.

98 (Deleted).

99 Penalties under Part.

SCHEDULES Rev.

2012] Trafc CAP.

403 99 THE TRAFFIC RULES [Subsidiary] G.N.

1902/1953, L.N.

30/1957, L.N.

426/1957, L.N.

547/1959, L.N.

99/ 1960, L.N.

256/1963, L.N.

311/1964, L.N.

377/1964, L.N.

225/1966, L.N.

9/1967, L.N.

45/1967, L.N.

46/1967, L.N.

121/1967, L.N.

199/1967, L.N.

257/1967, L.N.

269/1967, L.N.

93/1968, L.N.

94/1968, L.N.

140/1969, L.N.

181/1969, L.N.

30/1971, L.N.

119/1971, L.N.

209/1971, L.N.

121/1972, L.N.

179/1972, L.N.

258/1972, L.N.

136/1973, L.N.

231/1973, L.N.

47/1974, L.N.

63/1974, L.N.

82/1974, L.N.

310/1974, L.N.

9/1975, L.N.

26/1975, L.N.

99/1976, L.N.

130/1977, L.N.

55/1978, L.N.

66/1978, L.N.

108/1979, L.N.

120/1979, L.N.

40/1981, L.N.

165/1981, L.N.

166/1981, L.N.

82/1982, L.N.

105/1982, L.N.

5/1983, L.N.

25/1984, L.N.

44/1984, L.N.

145/1984, 100 CAP.403 Trafc [Rev.

2012 [Subsidiary] L.N.

154/1984, L.N.

161/1984, L.N.

204/1984, L.N.

92/1985, L.N.

110/1985, L.N.

148/1985, L.N.

308/1986, L.N.

361/ 1986, L.N.

7/1987, L.N.

267/1987, L.N.

351/1987, L.N.

242/1988, L.N.

58/1989, L.N.

341/1989, L.N.

166/1990, L.N.

381/1990, L.N.

10/1991, L.N.

270/1991, L.N.

135/1992, L.N.

84/1993, L.N.

173/2009, L.N.

90/2010.

Part I PrelImInary Citation.

These rules may be cited as the Trafc Rules.

Interpretation.

In these Rules, unless the context otherwise requires articulated vehicle means any motor vehicle with a trailer having no front axle and so attached that part of the trailer is superimposed upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle (such trailer being called a semi-trailer); authorized permit means a permit issued under rules 7A (1) and 94; foreign, in relation to any vehicle, means a vehicle registered in a country outside Kenya; laden weight of a vehicle means the weight of the vehicle and its load when the vehicle is stationary and ready for the road, and includes the weight of the driver and of any other person carried for the time being; night means the interval between 6.45 oclock in the evening and 6.15 oclock in the morning of the next succeeding day; overall length means the overall length of a vehicle exclusive of any starting handle and any hood when down; overall width means the width measured between parallel planes passing through the extreme projecting points of the vehicle exclusive of any driving mirror; Rev.

2012] Trafc CAP.

403 101 [Subsidiary] overhang means the distance measured horizontally and parallel to the longitudinal axis of the vehicle between two vertical planes at right angles to such axis, the one passing through that point of the vehicle (exclusive of any hood when down) which projects furthest to the rear and the other passing (a) in the case of a motor vehicle having two axles one of which is not a steering axle, through the centre point of that axle; (b) in the case of a motor vehicle having three axles (i) where the front axle is the only steering axle, through a point four inches in rear of the centre of a straight line joining the centre points of the rear and middle axles; (ii) where the rear axle is the only steering axle, through the centre point of the middle axle; (iii) where all the axles but one are steering axles, through the centre point of the rearmost axle which is not a steering axle; (c) in the case of a motor vehicle (whether having two axles or three axles) where all the axles are steering axles, through a point situated on the longitudinal axis of the vehicle and such that a line drawn from it at right angles to that axis will pass through the centre of the minimum turning circle of the vehicle; overtaking means passing or attempting to pass any other vehicle proceeding in the same direction; pneumatic tyre means a tyre which complies in all respects with the following requirements (a) it shall be provided with a continuous close chamber containing air at a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used, but is not subjected to any load; (b) it shall be capable of being inated and deated without removal from the wheel or vehicle; (c) it shall be such that, when it is deated and is subjected to a normal load, the sides of the tyre collapse; reective material means material complying with the specications contained in Part I of the Tenth Schedule; seat belt means a restraining harness tted in a motor vehicle to be worn by a person occupying a seat in the motor vehicle, which harness shall (i) when worn, consist of a diagonal portion extending from the wearers shoulder to the opposite hip and a lap strap extending across the wearers lap; (ii) be so constructed and anchored as to allow for its adjustment 102 CAP.403 Trafc [Rev.

2012 [Subsidiary] to accommodate variation of physical size of the wearer; and (iii) be constructed and anchored and tted in accordance with the Cap.

496.

standard and specications established under the Standards Act by the Kenya Bureau of Standards, or approved by the Kenya Bureau of Standards, for materials, fastenings, anchorages and operations for seat belts; towed vehicle means any vehicle which is being towed by any other vehicle by means of any device whatsoever, but does not include any sidecar attached to a motor cycle nor any trailer forming part of an articulated vehicle; trafc lane means, where any road has been divided into two or more sections by any markings on the road surface or by any physical means providing for the use of the road by two or more lines of trafc in one direction, any such section; wheelbase of a vehicle means the distance from the centre of the front axle (a) in the case of a vehicle with two axles, to the centre of the rear axle; (b) in the case of a vehicle with three axles, to a point four inches behind a line midway between the two rear axles; (c) in any other case, to a point on the longitudinal axis of the vehicle being the point from which a line, if projected at right angles, will pass through the centre of the minimum turning circle of the vehicle.

Offence under Act 3.

Where any act or omission is an offence under the Act and these Rules, and Rules.

nothing in these Rules shall be deemed to affect the liability of any person to be prosecuted under the Act: Provided that no person shall be prosecuted twice for the same act or omission.

Fees.

The fees set out in Part I of the First Schedule shall be payable in regard to the respective matters therein contained.

(1) Every application, licence or other document, and every badge Forms, marks etc.

or mark, prescribed under the Act or these Rules shall, except as otherwise provided, be made in conformity with the appropriate form set out in the Second Schedule.

(2) On the rst licensing of any vehicle, the applicant for such licence shall apply in Form I, and thereafter every application for a licence or transfer in respect of that vehicle shall be made in Form II, in the Second Schedule.

(3) When no other provision is specically made, any authority or person having power to issue any certicate or licence under the Act shall, on proof to his satisfaction that such certicate or licence has been lost or destroyed, and on payment of the prescribed fee, issue a duplicate of the certicate or licence to the person entitled thereto.

(4) The badge referred to in section 98 (5) of the Act shall be in the form L.N.

65/2005.

Rev.

2012] Trafc CAP.

403 103 [Subsidiary] set out in the Third Schedule.

Part II - regIstratIon anD lIcensIng of VehIcles dentication marks.

(1) The identication mark of a vehicle assigned pursuant to subsection (5) of section 6 of the Act shall include the letter or letters indicating the place where the vehicle is registered as provided for by the Registrar, and a number that shall be assigned to the vehicle by the licensing ofcer.

(2) An identication plate issued to a dealer with a dealers general licence under subsection (1) of section 23 of the Act shall include the letters K.G., and a number that shall be assigned by the Registrar.

L.N.

78/2012.

6A.

(1) A person may apply to the Registrar of Motor Vehicles to be issued with personalised number plates upon payment of the fees prescribed in the First schedule.

(2) Where a personalised registration number is transferred to another vehicle, an amount equivalent to two per cent of the fees payable for personalised registration fee under paragraph (1) shall be payable over and above the normal registration fee.

(3) The following class of motor vehicles may not be issued with personalized identication plates (a) Public Service Vehicle; (b) Cargo Trucks (private or for hire); (d) Service Vehicles (ambulance and funeral hearse); (e) Diplomatic Vehicle; (f) Tractor; and (g) Heavy machinery.

(4) A registration plate on a Government vehicle used by persons occupying the following public ofces may with the prior approval of the Minister, have on it accompanying the inscription GK registration number the following abbreviations on a round plate measuring a circumference of 55 cm and placed on the left hand side of the front and the rear part of the vehicle.

(a) Vice President/Deputy President - VP/DP (b) Speaker of the National Assembly SNA (c) Governor of Central Bank GCB (d) Chief Justice CJ 104 CAP.403 Trafc [Rev.

2012 [Subsidiary] (e) Attorney-General - AG (7) An application for a personalized registration shall be made to the Registrar of Motor Vehicles who may process and approve or reject the application.

(8) Where a person intends to use the personalized identication plates on another motor vehicle upon disposal of a vehicle which initially had a personalised identication plates, a retention certicate may be issued by the Registrar for a period not exceeding six months.

(9) The personalised identication plates shall, where it is not used within the six months, be returned to the Registrar of Motor Vehicles for safe keeping.

(10) Any person who uses unauthorized personalized number plates commits an offence and is liable on conviction to a ne not less than ve hundred thousand shillings or on condition to imprisonment for a term not exceeding ve years, or both.

Identication plates.

(1) The following provisions of this rule shall apply to identication plates carried pursuant to section 12 of the Act and to plates carried for use under a dealers general licence (a) every plate shall be rectangular in shape; (b) every vehicle other than a motor cycle or trailer shall have xed thereon one identication plate on the front elevation thereof and one on the back elevation thereof; in both cases, the plate shall be xed in a horizontal position at right angles to the longitudinal axis of the vehicle; (c) every motor cycle shall have xed thereon one plate at the rear in a horizontal position at right angles to the longitudinal axis of the cycle; (d) every trailer shall have xed thereon one plate at the back in a horizontal position at right angles to its longitudinal axis; (e) the ground of every dealers general identication plate on a motor vehicle used under the authority of a dealers general licence shall be white, and the distinctive letters and numbers thereon shall be red; (f) every letter or number on an identication plate shall be not less than 90 millimeters high and every part of every such letter and number shall be at least 15 millimetres broad; the total width of the space taken up by every such letter or number (except in the case of the letter I and the number 1) shall be at least 65 millimetres: Rev.

2012] Trafc CAP.

403 105 [Subsidiary] Provided that in the case of the plate for a motor cycle the letters shall be not less than 40 millimetres high, every part of every letter and number shall be at least 15 millimetres broad and the total width of the space taken up by every letter or number (except in the case of the letter I and the number 1) shall be at least 30 millimetres; (g) the space between adjoining letter and adjoining numbers shall be 12 millimetres, and there shall be a margin between the nearest part of any letter or number and the top and bottom of the plate of at least 12 millimetres, and between the nearest part of any letter or number and the sides of the plate of at least 12 millimetres in the case of motor cycles and at least 25 millimetres in the case of all other vehicles; (h) the space between the last letter and the rst number, or vice versa as the case may be, shall be 40 millimetres, and where the letters and numbers are in separate lines the space between the upper and lower lines shall be 20 millimetres.

st (2) (a) Every motor vehicle or trailer rst registered after 31 May, 1974, shall be tted with reective plates unless it is being operated under the authority of a dealers general licence.

st (b) Where a motor vehicle or trailer is not, on 1 June, 1974, tted with reective plates, the owner thereof shall, on the rst occasion after that date upon which an application is made for a licence for the vehicle or trailer, inform the licensing ofcer accordingly and apply for the issue of reective plates to him.

(c) Notwithstanding any other provision of these Rules, any reective st identication plates tted to a motor vehicle or trailer after 31 May, 1974, shall be deemed not to comply with the provisions of these Rules unless (i) they were issued by or on behalf of the Registrar; and (ii) they bear the mark of authorization set out in the Eleventh Schedule.

(d) The fees payable for issue of plates under paragraph (c) shall be as prescribed in the First Schedule.

st (e) With effect from the 1 June, 1977, no person shall manufacture or sell reective number plates without the written authority of the Registrar of Motor Vehicles.

(3) Any person who (a) uses on a road a motor vehicle or trailer the identication plates of which are not clearly visible or legible; or (b) is the owner of a motor vehicle or trailer the identication plates of which are, by reason of damage thereto, illegible or which contain any letter or number other than the identication marks assigned to the vehicle or trailer (or any letter or number other than the identication marks authorized by the Registrar), or which do not comply with the provisions of this rule; or 106 CAP.403 Trafc [Rev.

2012 [Subsidiary] (c) fails to comply with the provisions of subparagraph (b) of paragraph (2) or fails to t to the vehicle or trailer concerned identication plates issued under that paragraph, shall be guilty of an offence and liable to a ne not exceeding one thousand shillings.

(4) In this rule, tted with reective plates means carrying identication plates, as required by subparagraphs (b), (c) and (d) of paragraph (1), comprising (a) distinctive letters and numbers in white on a background of green reective material for vehicles owned by local authorities; (b) distinctive letters and numbers in white on a background of blue reective material for vehicles owned by such other public bodies as the Permanent Secretary in the Ofce of the President may from time to time, in writing, notify the Registrar and the public bodies concerned; and (c) distinctive letters and numbers in black on a background of reective material which (i) in the case of the plate on the front elevation or front mudguard, is white; and (ii) in the case of the plate on the rear elevation is yellow, for all other vehicles.

(5) Where a vehicle is registered in Burundi, Ethiopia, Rwanda, Somalia, Sudan, Tanzania, Uganda, Zaire or Zambia in addition to being registered under the Act, nothing in this rule shall be construed so as to prohibit the simultaneous exhibition of identication plates carried pursuant to the law of any such country and identication plates carried pursuant to section 12 of the Act.

Authorization 7A.

(1) Any person who brings a foreign vehicle to Kenya by road or by permits.

other means shall report the presence of such vehicle to a licensing ofcer at L.N.

187/1994.

the nearest point of entry or at any Government ofce where vehicle licences are normally issued and shall submit an application in the prescribed form for an authorization permit which shall be accompanied by the foreign vehicle registration book.

(2) For the purpose of this rule, the points of entry and exit shall be Lunga Lunga, Taveta, Namanga, Isebania, Busia, Malaba, Mandera, Moyale, Liboi, Keekorok, Oloitokitok, Lwakhakha, Kilindini, Lamu and Lokichogio.

(3) In the case of a private vehicle, the licensing ofcer may issue to the applicant free of charge, an authorization permit in the prescribed form valid for a period of seven days; and if the owner of the vehicle desires to keep the vehicle in Kenya for a period exceeding seven days, and there is not then in force in respect of the vehicle an international certicate, the Registrar may, on production of the authorization permit and payment of the prescribed fee, issue to the owner a licence for the vehicle valid for a period not exceeding three months but renewable on expiry: Provided that the aggregate period during which the vehicle may be kept in Kenya shall not exceed twelve months.

Rev.

2012] Trafc CAP.

403 107 [Subsidiary] (4) No such fee or any part thereof shall be refundable to the owner if the owner takes or sends the vehicle out of Kenya before expiry of the licence; and on expiry of the licence the vehicle shall, on application by the owner, be registered and licensed in Kenya, or shall be removed from Kenya.

(5) In the case of a foreign commercial or public service vehicle in respect of which there is not in force an international certicate or P.T.A.

carrier licence the licensing ofcer may, on payment of the prescribed fee, issue in respect of the vehicle an authorization permit in the prescribed form valid for a period not exceeding thirty days but renewable on expiry for an aggregate period not exceeding twelve months from the date of entry into Kenya and the owner shall, on expiration of the authorization period, remove the vehicle from or send it out of Kenya: Provided that where the owner desires to keep the vehicle in Kenya for a period exceeding twelve months, he shall have the vehicle registered and licenced in Kenya before the expiry of the authorization period under this paragraph.

(6) When removing the vehicle from Kenya, the owner shall produce to the licensing ofcer at the nearest point of exit the authorization permit or licence, as the case may be, and if the permit or licence has expired the prescribed fee for each day the vehicle has been in Kenya after the expiry of the permit or licence shall be payable.

(7) Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence and liable (a) in the case of a rst conviction, to a ne not exceeding two thousand shillings or imprisonment for a term not exceeding six months or both; (b) in the case of a second or subsequent conviction, to a ne not exceeding ve thousand shillings or imprisonment for a term not exceeding one year or both.

(8) This rule shall not apply to foreign vehicles owned or operated by Kenatco Transport Company Limited.

(1) Every vehicle licence issued under section 17 or 17A of the Act, Manner of carrying and every public service vehicle licence issued under section 97 of the Act shall licence.

be carried on the vehicle (a) in the case of a motor-cycle, in any prominent position on the cycle; (b) in the case of a motor-cycle with side-car, either as provided in paragraph (a) or on the nearside of the side-car in front of the seat; (c) in the case of a trailer, on the nearside of the trailer; (d) in the case of all other vehicles, on the nearside of the vehicle in front of the front seat, and facing either forward or to the nearside of the road.

(2) The licence shall be carried in a conspicuous and reasonably vertical position behind the glass of the wind-screen or nearside window, so that the 108 CAP.403 Trafc [Rev.

2012 [Subsidiary] front of the licence is clearly visible at all times by daylight to a person standing in front of the vehicle or to the left or near side thereof: Provided that, in the case of a motor-cycle or a vehicle not tted with a windscreen or windows, the certicate shall be suitably carried in a weatherproof holder having a transparent face.

(3) A dealers general licence shall be carried on the front identication plate issued with the licence, in the holder provided for that purpose.

(4) A licence shall be removed as soon as it has expired and be replaced with a licence of current validity.

Manner of carrying 8A.

Every vehicle licence certicate issued under section 20A of the Act shall be carried on the vehicle in respect of which it is issued afxed to vehicle licence the identication plate.

certicate.

8B.

(Deleted by L.N.

33/2007).

Vehicles exempted 9.

(1) The following classes of vehicles shall be exempt from registration and licensing under Parts II and III of the Act from registration and (a) vehicles the property of the President; licencing.

(b) vehicles owned by the armed forces; (c) (Deleted by L.N.209/1971); (d) vehicles used under the authority of a dealers general licence.

(2) The following classes of vehicles shall be exempt from licensing under the Act (a) vehicles owned by (i) the Government; (ii) municipal councils; (iii) urban or area councils; (iv) county councils; (b) vehicles used solely as ambulances by the St.

John Ambulance Association or by the Kenya Red Cross Society; (c) vehicles owned and used solely by the Navy, Army and Air Force Institute; (d) vehicles the property of any country, or of any consular representative (if such consular representative is not engaged in any other business or profession in Kenya) of a country with which agreement exists with Kenya affording adequate reciprocity in the exemption of such vehicles from road trafc licensing; (e) vehicles which are used solely on any road or other place to which the public have no general right of access.

Part III - DrIVIng lIcences anD tests 10.

The classes of motor vehicles in respect of which a licensing ofcer Vehicles requiring shall require production of an inspection report under section 17 (2) of the Act inspection report.

shall be (a) public service vehicles; (b) commercial vehicles; Rev.

2012] Trafc CAP.

403 109 [Subsidiary] (c) heavy commercial vehicles.

10A.

A vehicle inspection certicate issued under section 17A of the Act Inspection certicate.

shall be in form XXIIA set out in Second Schedule and shall be displayed in the manner prescribed under rule 8.

11.

(1) The following licences and permits shall be deemed to be driving Validity of licences licences in respect of the class or classes of vehicles for which they are issued, and permits.

and throughout the period of their validity, except where otherwise hereinafter specied (a) a valid driving licence or driving permit issued in Uganda, Tanzania or Ethiopia; (b) a service driving permit issued by the Naval, Army or Air Force authorities, but only for the purpose of driving Naval, Army or Air Force vehicles on duty and subject to the permit being issued and used in compliance with any regulations or instructions in force in relation thereto; (c) a convention driving permit, held by a person resident outside Kenya; (d) a domestic driving permit issued in a country outside Kenya to a person resident outside Kenya, which shall be valid only for a period of ninety days from the date of the holders entry into Kenya; (e) where by reason of delays in printing or otherwise the form of driving licence prescribed in the Second Schedule is temporarily unavailable, the form prescribed in that Schedule as an interim driving licence: Provided that, notwithstanding the foregoing provisions of this paragraph, a permit of a kind referred to in subparagraph (c) or subparagraph (d) shall not be valid so as to permit a person under the age of eighteen years to drive a motor vehicle.

(2) In paragraph (1) convention driving permit means an international driving permit issued under the authority of a country outside Kenya which is a party to the Geneva Convention on Road Trafc of 1926 or the United Nations Convention on Road Trafc of 1949; domestic driving permit means a document issued under the law of a country outside Kenya authorizing the holder to drive motor vehicles, or a specied class or description of motor vehicles, in that country.

Provisional licences.

12.

(1) A provisional licence shall be subject to the following conditions (a) the holder of the provisional licence shall not drive a motor vehicle unless he is, at all times whilst so driving, accompanied in the vehicle by a person sitting next to him who holds a valid driving licence for the class of vehicle concerned: Provided that this paragraph shall not apply to the driving of (i) a motor cycle that is carried on two wheels without a sidecar 11 0 CAP.403 Trafc [Rev.

2012 [Subsidiary] attached; or (ii) a motor vehicle whose construction is such that it provides no accommodation for a person to sit next to the driver; (b) the holder of the provisional licence shall not drive a motor vehicle unless, at all times whilst he is so driving, there is exhibited on the front and rear of such vehicle, in such a manner as to be plainly visible to any person in front of or behind the vehicle, a distinguishing mark in the form set out in the Fifth Schedule; (c) the holder of the provisional licence shall not (i) carry any passenger on a motor cycle that is carried on two wheels without a sidecar attached; (ii) drive any motor vehicle which is carrying passengers for hire or reward.

(2) Any person who, not being the holder of a provisional licence; drives any motor vehicle upon the front or rear of which is exibited a distinguishing mark in the form set out in the Fifth Schedule shall be guilty of an offence.

Driving test.

13.

(1) Any person who is required by the Act to pass a driving test shall apply in writing in the prescribed test application form to a licensing ofcer, who shall, on payment by the applicant of the prescribed fee, enter the date of payment and his signature, and the date, time and place allotted for the test, in the spaces provided for that purpose on the form.

(2) The applicant shall produce his test application form, completed as aforesaid, to a driving test examiner appointed under subsection (3) of section 3 of the Act, who shall make arrangements for the driving test to be carried out, and shall either (a) if he is satised, having regard to the requirements and provisions of the Act, that the applicant is competent to drive the class or classes of vehicle named in the test application form, issue him with a certicate of competency in the prescribed form; or (b) if he is not so satised, endorse the test application form to the effect that the applicant has failed to pass the test; and shall in either case retain the test application form.

Driving licence.

14 (1) An applicant for a driving licence or provisional licence or for the endorsement of an existing licence in respect of another class or classes of vehicle, shall produce to a licensing ofcer (a) the application form and fee prescribed; (b) two unmounted copies of a recent photograph of the head and shoulders of the applicant, taken full face without hat, 45 millimetres long by 35 millimetres wide and printed on normal photographic paper; (c) his certicate of competency, licence or permit as required by paragraph (a) of subsection (1) of section 31 of the Act: Provided that subparagraphs (b) and (c) shall not apply to an applicant for a provisional licence only.

(2) On receipt of the document or documents and fee required by paragraph (1), the licensing ofcer shall, if satised with regard thereto, arrange Rev.

2012] Trafc CAP.

403 111 [Subsidiary] for the issue or endorsement, as the case may be, of the licence.

15.

There shall be kept by every driving test examiner a driving test Register of driving register in which will be entered the name and address of every applicant for a tests.

driving test, the serial number of the test application form, the date on which such test was given, the result of such test and, if the applicant was issued with a certicate of competency, the number of the certicate and class of vehicles to which it related.

16.

Every person presenting himself for a driving test in accordance with Applicant to provide rule 13 shall provide for that purpose a vehicle, in good roadworthy condition, vehicle.

of the class named in the test application form.

17.

For the purpose of paragraph (a) of subsection (1) of section 31 of the Driving tests - classes Act, any person who has passed a test of competence to drive a motor vehicle of vehicles.

of the class or type specied in the rst column of the Sixth Schedule shall be deemed to have passed a test of competence to drive all motor vehicles of such other classes or types as are specied in the second column of that Schedule in relation to such rst-mentioned class or type: Provided that any person who has passed a test of competence to drive a heavy commercial vehicle or motor omnibus shall be deemed to have passed a test of competence to drive a matatu.

Part IV - constrUctIon, eqUIPment anD Use of VehIcles 18.

(1) No motor vehicle (other than a road roller) or trailer shall be Wheels and tyres of motor vehicles and driven on any road unless it is tted with wheels and adequately inated trailers.

pneumatic tyres, or other type of wheel or tyre approved in writing by the highway authority: Provided that (i) a tractor normally used for agricultural purposes may be tted with solid rubber tyres on the front wheels; but any such trac- tor shall only be driven on a road whilst proceeding to or from work or being delivered to a new owner; (ii) in special circumstances the highway authority may on a par- ticular occasion issue a permit, subject to such conditions as it may impose, for a vehicle to be so driven which does not comply with this rule.

(2) A recut pneumatic tyre shall not be tted to any wheel of a motor vehicle.

(3) In paragraph (2), recut pneumatic tyre means a pneumatic tyre in which an existing tread pattern has been cut or burnt deeper or a new tread pattern has been cut or burnt, except where the pattern is cut entirely in additional material added to the type for the purpose.

Wheels and tyres of 19.

(1) Subject to rule 18, no vehicle the gross weight of which exceeds other vehicles.

450 kg.

shall, except on the written authority of the highway authority, be used 11 2 CAP.403 Trafc [Rev.

2012 [Subsidiary] on any road unless tted with wheels and adequately inated pneumatic tyres: Provided that this paragraph shall not apply in respect of a road constructed or maintained solely for use by vehicles not tted with pneumatic tyres.

(2) No vehicle tted with wheels without pneumatic tyres shall be used on a road if any wheel or tyre tted to the vehicle is so defective that it does not bear evenly on the level surface when the vehicle is moving thereon.

Wheels and tyres to 20.

Every vehicle used on a road shall be equipped with such tyres and be adequate.

wheels as are adequate to carry safely the permitted maximum laden weight of the vehicle.

Springs.

21.

Every motor vehicle, other than a tractor or motor cycle, shall be equipped with suitable and sufcient springs between each wheel and the frame of the vehicle.

Brakes on motor 22.

(1) Every motor vehicle shall be equipped with two entirely vehicles.

independent and efcient braking systems, or with one efcient braking system having two independent means of operation, in either case so designed and constructed that the failure of any single portion of any braking system shall not prevent the brakes on two wheels, or, in the case of a vehicle having less than four wheels, on one wheel, from operating effectively so as to bring the vehicle to rest within the distance and under the conditions specied in paragraph (10): Provided that, in the case of a single braking system, the two means of operation shall not be deemed to be otherwise than independent solely by reason of the fact that they are connected either directly or indirectly to the same cross shaft.

(2) In the case of a motor vehicle having more than three wheels and equipped with two independent braking systems, each such system shall be so designed and constructed that, if the brakes thereof act either directly or indirectly on two wheels, they shall act on two wheels on the same axle.

(3) In all cases the brakes operated by one of the means of operation shall (a) be applied by direct mechanical action without the intervention of any hydraulic, electric or pneumatic device; and (b) act directly upon the wheels and not through the transmission gear.

Brakes on (4) In the case of a steam-driven vehicle, the engine of the vehicle shall be steam-driven deemed to be one independent braking system if the engine is capable of being vehicles.

reversed, and is incapable of being disconnected from all the road wheels other than the steering wheels except by the sustained effort of the driver.

(5) (a) Every trailer having a permissible laden weight exceeding one Brakes on trailers.

ton or exceeding one-half of the unladen weight of the drawing vehicle shall be equipped with at least one braking device capable of Rev.

2012] Trafc CAP.

403 113 [Subsidiary] (i) acting symmetrically on at least half the number of wheels on each side of the trailer; (ii) preventing the rotation of the wheels when the trailer is un- coupled; (iii) automatically stopping the trailer if the trailer becomes de- tached whilst in motion; and (iv) in the case of a trailer having a permissible laden weight exceeding 3,500 kg., being operated from the towing vehicle.

(b) Every trailer whose permissible laden weight does not exceed one ton shall, unless tted with a device capable of automatically stopping the trailer if the trailer becomes detached whilst in motion, be equipped in addition to the main towing attachment with a secondary attachment in the form of a chain or wire rope of adequate strength.

(6) The provisions of paragraph (5) shall apply to every semi-trailer in an articulated vehicle: Brakes on Provided that a semi-trailer having a permissible laden weight exceeding semi-trailers.

750 kg.

shall be equipped with at least one braking device capable of being operated by applying the service brake from the drawing vehicle.

Brakes on (7) Every combination of a motor vehicle and one or more trailers shall combinations of be equipped with brakes capable of controlling the movement of and of stopping vehicles.

the combination in an efcient, safe and rapid way under any conditions of loading on any up or down gradient on which it is operated.

Parking brakes.

(8) Except in the case of motor cycles with or without side-cars attached, every motor vehicle shall be equipped with a braking system so designed and constructed that it can be set so as effectually to prevent two at least, or in the case of a vehicle with only three wheels one, of the wheels from revolving when the vehicle is unattended.

Brakes on other (9) Every vehicle used on a road, other than as provided for in this rule, vehicles.

shall be equipped with a brake or brakes capable of bringing it to rest within a reasonable distance.

Braking efciency (10) The braking system on every motor vehicle shall be so constructed and maintained as to bring the motor vehicle to a stop in a distance of 7.5 metres when running at a rate of 25 kilometres per hour on level ground; in order to measure the adequacy of a braking system under this paragraph it shall be lawful for any police ofcer or inspector to use a Tapley meter or other instrument of the like function specied for the purpose by the Commissioner of Police, and any reading on such meter or instrument of less than 30 per cent shall be prima facie evidence of the inability of the brakes tested to conform to the requirements of this paragraph.

Fitting of seat belts.

22A.

(1) No motor vehicle shall be used or driven on a road unless it is L.N.

65/2005.

tted with seat belts in the following manner: 11 4 CAP.403 Trafc [Rev.

2012 [Subsidiary] Manner of Fitting: (1) A seat belt per seating position in a motor vehicle, and if seating accommodation is provided for more than two persons abreast, whether by a continuous seat known as a bench seat or by separate seats, the seat belts for the persons other than those seated next to the body of the vehicle may consist only of a lap strap position of seat belt.

(2) The owner of any motor vehicle used or driven on a road contrary to paragraph (1) shall be guilty of an offence and liable to a ne of one thousand shillings for every seat that is not tted or, if tted, is not of the proper standard or specication.

(3) No person shall be in a motor vehicle which is in motion on a road and occupy a seat in that vehicle in respect of which a seat belt is tted in accordance with this rule without wearing the seat belt.

(4) A person who does not wear a seat belt as required under paragraph (3) shall be guilty of an offence and liable to a ne of ve hundred shillings.

(5) It shall be the responsibility of the conductor of a public service vehicle, and where there is no conductor, the driver of that vehicle, to keep the seat belt in a clean, dry and generally wearable condition.

(6) Any driver or conductor who contravenes paragraph 5 shall be guilty of an offence and liable to a ne of ve hundred shillings.

Lights on motor 23.

(1) Every motor vehicle shall be equipped with two lamps at the front of the vehicle, one on each side; and when a motor vehicle is in motion vehicles.

on a road at night the two lamps at the front of the vehicle shall be lighted and the rays from the lamps shall be white or yellow, and, if the vehicle is capable of proceeding at a speed greater than 30 kilometres an hour, shall be of such intensity as to illuminate the road ahead for a distance of at least 100 metres: Provided that (i) a motor cycle shall show one such light as aforesaid, but if a side-car is attached to the motor-cycle there shall be shown on that side of the side-car not adjacent to the motor cycle an ad- ditional light of sufcient intensity as to be visible for a distance of at least 150 metres at night; (ii) when a motor vehicle is in motion at night on a road lighted by electric lamps, it shall be lawful for such vehicle to show two lights in front of the kind and in the manner described in paragraph (2) in place of the lamps described in this paragraph.

(2) Every motor vehicle and every trailer not attached to a motor vehicle shall, when stationary on a road at night, other than in a car park or in a place reserved for parking in a street where adequate lighting is normally provided, show two lights in front, one at each side, of sufcient intensity to indicate the presence of the motor vehicle or trailer from a distance of 150 metres to approaching trafc: Rev.

2012] Trafc CAP.

403 115 [Subsidiary] Provided that a motor cycle not attached to a side-car shall show one such light as aforesaid.

(3) Every motor vehicle or trailer, when on a road at night, and whether in motion or stationary, shall carry two lamps at the rear of the vehicle of such intensity as to indicate clearly within a distance of not less than 200 metres (in the absence of fog, mist or rain) its presence on the road to trafc approaching from behind, and the lamps shall (a) be mounted securely to the body-work or chassis of the vehicle at a height of not less than 20 cm.

and not more than 1.5m.; (b) be positioned so that they are not more than 10 cm.

inboard from the outer extremity of the body or chassis, and at least one lamp shall be so constructed as to provide an uncoloured light of sufcient intensity to illuminate clearly the gures and numbers on the rear identication plate, unless other means of so illuminating that plate are provided: Provided that (i) where a trailer is attached to a tractor vehicle it shall be sufcient if the lamps are carried at the rear of the trailer; (ii) a motor cycle not attached to a side-car shall carry one lamp.

(4) (a) All lamps required by paragraph (1) shall be equipped with a means of eliminating any dazzling effect produced by such lamps, but such elimination shall in every case leave sufcient light to illuminate clearly the road ahead for at least 25 metres.

(b) Such elimination shall be effected (i) on the approach from the opposite direction of another vehicle; (ii) where in the interests of safety it is necessary.

(iii) where the lamp is used pursuant to paragraph (7).

light.

(5) No motor vehicle shall be equipped with more than one swivelling (6) No spot-light or swivelling light shall be used (a) in place of head-lights, save to complete a journey where the head- lights have been damaged; (b) in such a manner as to impede the vision of, or cause annoyance to, any user of the road.

(7) Every motor cycle shall, when in motion in daylight hours, have its front lamp lighted.

24.

Every vehicle other than a motor vehicle or trailer, when on a road Lights on vehicles at night whether in motion or stationary, shall other than motor vehicles.

(a) be equipped with two lamps showing a white light, so xed and lighted as to indicate clearly to approaching trafc from a distance 11 6 CAP.403 Trafc [Rev.

2012 [Subsidiary] of 150 metres the presence and width of the vehicle and of any load carried thereon; and (b) two lamps to the rear so as to indicate clearly its presence on the road to trafc approaching from behind: Provided that (i) in the case of a bicycle, it shall be sufcient to show one only of the lamps referred to in paragraph (a) and paragraph (b); (ii) this rule shall not apply in respect of a vehicle stationary in a car park, or in a place reserved for parking in a street where adequate lighting is normally provided.

25.

(1) In addition to the lamps required or permitted to be carried on Reectors and vehicles under these Rules, reectors and warning signs shall also be carried warning signs.

as follows (a) on a bicycle or a power-assisted bicycle (i) one red reector tted at the rear thereof not less than 45 centi- metres above ground level; and st (ii) on and after 1 January, 1970, a warning sign, securely afxed to the rear mudguard and extending upwards from the rear lower edge thereof, conforming to the dimensions and details set out in Part II of the Tenth Schedule: Provided that, in the case of a bicycle or a power-assisted bicycle having a rear wheel the diameter of which does not exceed 50 centimetres (i) if such a bicycle is constructed so as to be suitable only for use by a child, nothing in this subparagraph shall apply thereto; and (ii) in any other case, such warning sign shall be mounted on a metal plate, above the rear wheel, or on the offside, of the vehicle and having the lower edge of the sign not less than 30 centimetres above ground level; (b) on a motor cycle that is carried on two wheels without a side-car attached, one red reector tted at the rear thereof not less than 45 centimetres above ground level; (c) on a heavy vehicle, or on a trailer having a tareweight exceeding 225 kilograms (i) at the front - a warning sign consisting of a continuous strip of white reective material, not less than 5 centimetres wide, mounted on a metal panel facing in a forward direction extend- ing horizontally for such distance as is necessary to indicate the overall width of the vehicle, or to within 30 centimetres on either side thereof, and so placed that the lower edge of such sign is not less than 30 centimetres and the upper edge not more than 120 centimetres above ground level; Rev.

2012] Trafc CAP.

403 117 [Subsidiary] (ii) at each side of the rear - a warning sign conforming to the di- mensions and details set out in Part III of the Tenth Schedule mounted on a metal panel so placed that the lower edge of the sign is not less than 60 centimetres and the upper edge not more than 150 centimetres above ground level, and the outer edge is not more than 15 centimetres from the side of the vehicle; st (d) on a medium vehicle on or after 1 January, 1970 (i) which is not tted with reective plates, as that expression is dened in rule 7 (4), each of which is tted centrally on the central longitudinal axis of the vehicle, the warning signs set forth in subparagraph (c); or (ii) which is so tted with reective plates either the warning signs so set forth or two red reectors on the back thereof tted re- spectively not more than 30 centimetres from a line parallel to the longitudinal axis of the vehicle through the lateral extrem- ity of the vehicle on each side, and placed at the same height which shall not be less than 75 centimetres and not more than 180 centimetres above ground level; (e) on a heavy vehicle or a medium vehicle two white, yellow or colourless reectors on the front thereof tted respectively not more than 30 centimetres from a line parallel to the longitudinal axis of the vehicle through the lateral extremity of the vehicle on each side, and placed at the same height which shall not be less than 75 centimetres and not more than 180 centimetres above ground level; (f) on any vehicle not hereinbefore in this rule specically mentioned, one red reector tted on the offside rear of the vehicle not less than 50 centimetres and not more than 180 centimetres above ground level.

(2) Every reector carried on a vehicle pursuant to this rule (a) shall be securely afxed to the vehicle so as to be clearly visible from directly in front of or behind such vehicle, as the case may be; (b) shall if circular, be not less than 4 centimetres in diameter or, if not circular, be of an area of not less than 12.5 square centimetres and be of such shape that a circle of 25 millimetres in diameter may be inscribed therein.

(3) Where a rear light of a vehicle is so constructed that, when not showing a light, it is an efcient red reector facing to the rear and complies with the provisions of this rule applicable to such vehicle, it shall be treated as being such a reector when it is, as well as when it is not, showing a light.

(4) Every warning sign required by this rule to be carried on a vehicle, and every reective plate, shall at all times be maintained in a reasonably clean condition.

(5) Where under this rule a warning sign is required to be mounted on a metal plate, such plate 11 8 CAP.403 Trafc [Rev.

2012 [Subsidiary] (a) shall, in all its surface dimensions, be no smaller than the corresponding dimensions of the warning sign concerned; and (b) shall be securely mounted on the body, chassis or frame of the vehicle at right angles to the longitudinal axis of the vehicle so that the warning sign is facing directly forwards or rearwards, as the case may be.

(6) Where the structure of any vehicle is such that it is not possible to comply with the provisions of this rule relating to the size or position of warning signs which are applicable to such vehicle, such signs shall be tted of such size and in such position as to comply with such positions as nearly as may be.

(7) For the purposes of this rule and the Tenth Schedule to these Rules but not subrule (8) of this rule commercial vehicle means any motor lorry, truck, van (including a vehicle commonly known as a pick up), breakdown van or like motor vehicle, but does not include a vehicle commonly known as a station wagon; heavy vehicle means a motor vehicle, having a tareweight exceeding two tonnes, which is either a commercial vehicle or a public service vehicle; medium vehicle means a motor vehicle, having a tareweight not exceeding two tonnes, which is either a commercial vehicle or a public service vehicle licensed to carry more than ve passengers.

(8) For the purposes of section 53 (2) (aa) of the Act, the reecting triangles shall be of the dimensions specied in Part IV of the Tenth Schedule and shall be constructed in accordance with the Kenya Standard Specication for portable reective warning triangles for motor vehicles being standard No.

KS 03-815: 1987.

Motor cycles.

25A.

(1) A person shall not ride on a motor cycle of any kind, class or description without wearing a helmet and a jacket that has reectors.

L.N.

173/2009.

(2) A person who rides a motor cycle shall provide a helmet and a jacket that has reectors to be worn by the passenger, and shall carry only one passenger at a time.

(3) A passenger shall wear a helmet and a jacket which has reectors as provided under paragraph (2).

(4) Every motor cycle shall be insured against third party risks in Cap.

405.

accordance with the Motor Vehicle (Third Party) Insurance Act.

(5) For the purposes of this regulation a helmet shall be of such shape, construction and quality as may, from time to time, be prescribed by the Minister by notice in the gazette.

Rev.

2012] Trafc CAP.

403 119 [Subsidiary] (6) A person shall not ride a motorcycle unless that person has a valid driving licence issued in accordance with the provisions of the Act.

(7) For the purposes of this rule, ride means to operate, manage or to be in control of a motor cycle.

(8) A person who contravenes or fails to comply with the provisions of this rule commits an offence and is liable to a ne of ve thousand shillings or, in default of payment, to imprisonment for a term not exceeding three months.

26.

Every motor vehicle propelled by an internal combustion engine or Silencers.

a compression ignition engine shall be so constructed that the exhaust gases from the engine cannot escape into the atmosphere without rst passing through a silencer, expansion chamber or other contrivance suitable and sufcient for reducing as far as may be reasonable the noise which would otherwise be caused by the escape of those gases.

27.

(1) Every motor vehicle shall be so constructed, maintained and used Emission of smoke that no smoke or visible vapour is emitted therefrom.

and sparks.

(2) Every motor vehicle using solid fuel shall be tted with an efcient appliance for the purpose of preventing the emission of sparks or grit, and also with a tray or shield to prevent ashes and cinders from falling on to the road.

28.

Every motor vehicle whose weight unladen exceeds 8 cwt.

shall be Reversibility.

so constructed and maintained as to be capable of travelling either forwards or backwards.

Reecting mirror.

29.

Every motor vehicle shall be equipped with a reecting mirror, so constructed and tted as to enable the driver to be or become aware of the presence in the rear of any other vehicle.

Windscreens and 30.

(1) Every motor vehicle shall be so designed, constructed and used windows.

that the driver controlling it has a full view of the road and trafc ahead.

(2) The windscreen and windows of every motor vehicle shall be kept free from the application of any material which has, or is capable of having, reective properties.

(3) The windscreen of every motor vehicle shall be kept in such condition that the drivers view is not impeded.

Vehicles steered from 31.

(1) Every motor vehicle registered in Kenya which is steered from left-hand side.

the left or nearside shall have painted on the rear left side a white arrow pointing to the left, such arrow to be not less than one foot long and two inches broad and to be clearly visible to trafc approaching from behind.

(2) Every motor vehicle registered in Kenya, other than a commercial vehicle, which is steered from the left or nearside shall be equipped with direction indicators of a type mentioned in rule 32 and shall be tted at the rear 120 CAP.403 Trafc [Rev.

2012 [Subsidiary] with a red light which lights when the brakes are applied.

(3) Every commercial vehicle registered in Kenya which is steered from the left or nearside shall be equipped with mechanical direction indicators capable of being worked by hand by the driver; and shall be tted at the rear with a red light which lights when the brakes are applied.

32.

(1) Subject to rule 31, when a motor vehicle is equipped with direction Types of direction indicators, such indicators shall be of one of the following types indicator.

(a) a movable arm capable of protruding beyond each side of the vehicle and illuminated by a steady amber light when the arm is in the horizontal position; (b) a constantly blinking or ashing amber light afxed to each side of the vehicle; (c) a constantly blinking or ashing light placed at each side of the front and rear of the vehicle; the colour of such lights shall be white or orange towards the front and red or orange towards the rear.

(2) No lights on any motor vehicle, with the exception of direction indicators, shall be ashing or blinking lights.

33.

The glass of any windscreens and windows facing to the front on the Safety glass outside of any motor vehicle shall be of a type which, upon impact, does not y into fragments capable of causing severe cuts: Provided that this rule shall not apply to any vehicle which was rst st registered in Kenya before the 1 January, 1930.

34.

(1) Every motor vehicle and bicycle shall be tted with an instrument Warning instruments.

capable of giving audible and sufcient warning of its approach or position: Provided that no such instrument shall consist of a gong bell (other than a bicycle bell) or siren, except in the case of a vehicle being used for re brigade, ambulance or police purposes.

(2) Every driver of a motor vehicle or bicycle shall, when it is necessary for the safety or convenience of the public, give audible warning of his approach or position by using the warning instrument required by this rule.

(3) When a motor vehicle is stationary on a road or parking place, no person shall use or permit to be used in connexion therewith any warning instrument, except when such use is necessary on grounds of safety; and no such instrument shall be used in such a manner as to be a nuisance to the public.

35.

(1) Every motor vehicle other than a tractor shall be tted with wings Wings.

or other similar ttings to catch, so far as practicable, mud, water or stones thrown up by the rotation of the wheels, unless adequate protection is afforded by the body of the vehicle: Provided that this rule shall not apply to a vehicle which is being driven to any place for the purpose of having bodywork tted or repaired.

Rev.

2012] Trafc CAP.

403 121 [Subsidiary] (2) Every bicycle and power-assisted bicycle shall be tted with an adequate rear mudguard extending from a point forward of the saddle bracket rearwards over and around the rear wheel to a point no higher from ground level than the hub of that wheel.

Trailer couplings.

36.

Whenever a trailer is attached to any vehicle, the coupling shall be efcient for the purpose, and shall be maintained in a safe condition.

Speedometers.

37.

(1) Every motor vehicle shall be tted with a speedometer for recording the speed of such vehicle with reasonable accuracy: Provided that this rule shall not apply to any tractor, or any engineering or agricultural machinery, or any special vehicle constructed for use by a disabled driver, or any motor cycle the cylinder capacity of which does not exceed 100 c.c., or any vehicle which by reason of its construction is incapable of exceeding 30 kilometres per hour on level ground under its own power.

(2) Every speedometer shall be tted in such a manner as to be visible to the driver at all times, and shall be maintained in good working order.

(3) Any person who drives or uses on a road a vehicle which does not conform to the requirements of this rule shall be guilty of an offence, unless heprovesthatitwasnotpracticable , byreasonofthe make or type of the vehicle, or for other good reason, to t or maintain a speedometer thereto.

(4) In any case, it shall be no defence in any proceedings for exceeding a speed limit to plead that because a vehicle was not tted with a speedometer, or because the speedometer tted was not working the driver was not aware of the speed of such vehicle.

Windscreen wipers.

38.

An efcient windscreen wiper shall be tted to every vehicle which is so constructed that the driver cannot, by opening the windscreen or otherwise, obtain an adequate view to the front of the vehicle without looking through the windscreen.

38A.

(l) Every public service vehicle, with the exception of matatus, Public service vehicle plates.

shall display, on both front and rear elevations, a sign consisting of the letters P.S.V.

in black on a white background of such size as to be clearly visible at a distance of thirty metres.

(2) Every public service vehicle operating as a matatu shall display, on both front and rear elevations, a sign consisting of the letters P.S.V.

in white on a blue background of such size as to be clearly visible at a distance of thirty metres.

(3) The owner of a public service vehicle being driven on a road which does not carry a sign required by this rule shall be guilty of an offence and liable to a ne not exceeding one thousand shillings.

122 CAP.403 Trafc [Rev.

2012 [Subsidiary] Markings on 39.

The owner of every commercial vehicle or trailer shall cause to be painted or otherwise clearly marked in the English language in a conspicuous commercial vehicles position on the right or offside of every such vehicle, in letters not less than one and trailers.

inch in height which shall at all times be kept clearly legible (a) the name and address of the owner of the vehicle; (b) the registered tare weight of the vehicle; and (c) the maximum weight the vehicle is authorized to carry.

40.

The owner of every trailer or towed vehicle (other than a vehicle which requires to be towed on account of a breakdown) shall have afxed in a Trailer plates.

conspicuous position on the rear thereof the letter T in the form in the diagram contained in the Seventh Schedule.

41.

(1) (a) Subject to section 56 of the Act, the maximum weights and dimensions referred to in section 55 (2) of the Act shall be as set out in the Weights and Twelfth Schedule.

dimensions of vehicles.

(b) The volumes of liquid products not specied in the Thirteenth L.N.

112/1999, Schedule which may be loaded into each category of bulk liquid tank shall not L.N.

118/2008.

exceed the axle load limits set out in this rule.

(2) A person who drives or uses on a road a vehicle in respect of which the weights set out in paragraph 2 (1), (2) or (3) of the Twelfth Schedule are exceeded, shall as respects each overloaded axle or any excess over the maximum permitted weight, be guilty of an offence against section 58 of the Act, and shall, in respect of that offence, on conviction, pay a ne not less than the appropriate ne according to the following scale Degree of Each Axle Overloading or Excess Fine (KSh.) Gross Vehicle Weight in Kilograms (kg.) Fine on First Fine on Second or Conviction (KSh.) Subsequent Conviction (Ksh) Less than 1,000 kg.

5,000 10,000 1,000 kg.

or more but less than 2,000 kg 10,000 20,000 2,000 kg.

or more but less than 3,000 kg 15,000 30,000 3,000 kg.

or more but less than 4,000 kg 20,000 40,000 4,000 kg.

or more but less than 5,000 kg 30,000 60,000 5,000 kg.

or more but less than 6,000 kg 50,000 100,000 6,000 kg.

or more but less than 7,000 kg 75,000 150,000 7,000 kg.

or more but less than 8,000 kg 100,000 200,000 8,000 kg.

or more but less than 9,000 kg 150,000 300,000 9,000 kg.

or more but less than 10,000 kg 175,000 350,000 10,000 kg.

or more 200,000 400,000 Rev.

2012] Trafc CAP.

403 123 [Subsidiary] (3) The volumeric capacity of a vehicle, trailer or mounted tank, constructed for the purpose of transporting liquids in bulk, shall not exceed the maximum volume provided in the following scale Type of Vehicle or Trailer Maximum Volume Bulk Liquid Tank (i) Two axle goods vehicle not exceeding 7,000 kg.

tare weight 11 cubic metres (ii) Three axle goods vehicle not exceeding 7,000 kg.

tare weight 18 cubic metres (iii) Three axle goods vehicle whose tare weight exceeds 7,000 kg.

but does not exceed 10,000 kg 14 cubic metres (iv) Two axle draw bar trailer not exceeding 6,000 kg.

tare weight 12 cubic metres (v) Three axle draw bar trailer not exceeding 8,000 kg.

tare weight 17 cubic metres (vi) Three axle semi-trailer drawn by a three axle prime mover not exceeding 18,000 kg.

total tare weight 35 cubic metres (vii) Three axle semi-trailer drawn by a two axle prime mover not exceeding 17,000 kg.

total tare weight 28 cubic metres (viii) Two axle semi-trailer drawn by a three axle prime mover not exceeding 17,000 kg.

total tare weight 24 cubic metres (ix) Two axle semi-trailer drawn by a two axle prime mover not exceeding 15,000 kg.

total tare weight 19 cubic metres (4) (a) The maximum volumes of specic liquid products permitted to be loaded into each category of bulk liquid tank shall be those specied in the Thirteenth Schedule.

(b) No person shall load for transportation on a public road quantities of bulk liquid exceeding those specied under subparagraph (a).

(c) No person shall transport on a public road quantities of bulk liquid exceeding those specied under sub- paragraph (a).

(5) (a) Every tank mounted on a vehicle or trailer for the purpose of transporting bulk liquids shall have depicted on or afxed to each side a sign or legend of the dimensions specied in the Thirteenth Schedule detailing the following (i) the type of vehicle, trailer or vehicle-trailer combintion on which it is mounted depicted pictorially clearly showing the axle 124 CAP.403 Trafc [Rev.

2012 [Subsidiary] conguration and volume of tank expressed in cubic metres; (ii) the maximum volume of bulk liquid permitted of each type of liquid product capable of being transported in the tank as specied in the Thirteenth Schedule, appearing in tabular form below the pictoral illustration specied under subparagraph (i): Provided that vehicles transporting liquids in bulk which are not specied in the Thirteenth Schedule shall only bear the pictoral illustration specied in subparagraph (i).

(b) In the case of semi-trailers drawn by a tractor or prime mover, the sign or legend shall depict, in addition to the volume of the tank, the axle conguration of the trailer and the tractor or prime mover drawing the trailer.

(c) In the case of vehicles where the possibility of one or more different prime movers in terms of axle conguration exists, all relevant signs or legends shall be afxed to the site of the tank.

(d) The maximum volumes of each type of liquid product capable of being transported in a particular semi-trailer mounted tank shall reect the axle conguration of the tractor or prime mover.

(e) The signs or legends under subparagraph (a) shall consist of black characters on a white background, and shall be located on each side of the tank mid-way between the top and the base of the tank at the point nearest to the end of the tank which is closest to the front of the vehicle or trailer and the means of providing the sign or legend shall be at the discretion of the owner of the vehicle or trailer: Provided that such means shall ensure the durability and legibility of the sign or legend under the conditions prevailing during transport operations.

(6) (a) Any person who contravenes the provisions of paragraphs (3), (4) (b) and (5) shall be guilty of an offence and liable Fitting of speed 41A.

(1) The engine of - (a) every public service vehicle, except taxi cabs; governors.

(b) every commercial vehicle whose tare weight exceeds 3048kg.

L.N.

161/2003, L.N.

83/2004, shall be tted with a speed governor which - L.N.

97/2004, L.N.

65/2005.

(i) conforms to such specications as the Minister may by notice in the Gazette prescribe; (ii) is adjusted so that all times, and in any load condition, the vehicle cannot exceed the speed of 80 kph.

(2) Every vehicle to which this rule applies shall have exhibited on it a certicate issued by a certifying ofcer to the effect that it is tted with the speed governor complying with the prescribed specications.

(3) Every public service vehicle purchase after 31st December, 2003, Rev.

2012] Trafc CAP.

403 125 [Subsidiary] shall be tted with a speed governor before it can be licensed.

(4) Every owner of a public service vehicle shall be held liable for non- compliance or tampering with speed governor tted in his / her motor vehicle.

(5) Any person who owns, drives or causes to be driven or has charge of a public service vehicle other than in accordance with the provisions of this Part shall be guilty of an offence and liable- (a) in the case of a rst conviction, to a ne note exceeding ten thousand shillings or imprisonment for a term not exceeding six months or both; and (b) in the case of a second or subsequent conviction, to a ne not exceeding twenty thousand shillings or imprisonment for a term not exceeding one year or both.

Part V - sPecIal ProVIsIons relatIng to motor omnIBUses anD matatUs 42.

The body of a motor omnibus or matatu shall be so constructed and Body construction.

maintained as to provide adequate safety for persons travelling therein.

43.

The distance between the wheel tracks of the front or of the rear Wheel tracks.

wheels of a motor omnibus, taken from centre in line with the axles, shall not be less than 1.42 metres, and shall in every case be sufcient to ensure the stability of the vehicle.

44.

(1) Every motor omnibus shall be provided with at least two exits, Doors and steps.

one of which may be an emergency window or panel as referred to in rule 45.

(2) At least one such exit shall be tted with a door or doors, except where the omnibus has been licensed to carry standing passengers as well as sitting passengers, and each such door shall be not less than 450 millimetres in width, and shall be so constructed as to permit of the free entrance and exit of passengers at all times.

(3) Steps shall be provided at each doorway with suitable supports to assist persons when entering or leaving the omnibus.

(4) The lowest step shall not be more than 450 millimetres above the ground, the rises of all steps shall be closed and the treads of steps shall be tted with a form of tread-plate approved by an inspector.

(5) There shall be no entrance on the offside of the omnibus other than the drivers door.

Emergency window 45.

(1) Every motor omnibus registered in Kenya shall be tted with an or panel.

emergency window or panel capable of immediate release in case of accident.

(2) Emergency windows or panels shall be 126 CAP.403 Trafc [Rev.

2012 [Subsidiary] (a) where the overall width of the omnibus is less than 2.44 metres, at least 1.22 metres by 440 millimetres in size; (b) where the overall width of the omnibus is 2.44 metres or more, at least 1.53 metres by 440 millimetres in size.

(3) Emergency windows or panels shall be marked as such and instructions for opening such windows or panels shall be clearly shown thereon.

(4) Emergency windows or panels shall be kept in working order, and shall be tested at least once every month while the omnibus is in use, and may be tested at any reasonable time by an inspector or by a police ofcer.

Access to doors and 46.

(1) There shall be a clear passage to all doors and the emergency emergency exits.

window or panel for all passengers in a motor omnibus: Provided that this paragraph shall not apply to an omnibus constructed to carry separate classes of passengers if a separate door and emergency panel is provided for each class.

(2) No seat, luggage, parcel or other object shall be placed in a motor omnibus so as to obstruct persons attempting to reach any door, emergency window or panel.

Ventilation.

47.

There shall be adequate ventilation for both the passengers and the driver of a motor omnibus or matatu without the necessity of opening the sides thereof or any main windows or windscreen.

Interior illumination.

48.

(1) The inside of every motor omnibus or matatu shall be adequately illuminated when on a road at night; all wires conveying electric current shall be so installed and insulated as not to be a source of danger to persons using the omnibus or matatu.

(2) Means shall be provided to prevent light from the inside of the omnibus or matatu from incommoding the driver.

Destination 49.

Every motor omnibus or matatu shall have at least one suitable indicators.

indicator which shall show clearly the destination of the omnibus.

Signalling devices.

50.

Every motor omnibus or matatu shall be tted with a bell or other suitable device for the purpose of enabling passengers to signal to the driver or conductor.

51.

The internal height of a motor omnibus in the centre line of the Internal height.

omnibus from its oor to the inside of the roof shall not be less than 1.68 metres.

Clearance.

52.

All the underparts of a motor omnibus inside the pivots of the front axle and steering arms, as far back as the rear axle, shall clear the ground by at least 18 millimetres; and in calculating such clearance allowance shall be made for wear of tyres and springs and other causes likely to reduce clearance.

Windscreen.

53.

Every motor omnibus or matatu registered in Kenya shall be tted Rev.

2012] Trafc CAP.

403 127 [Subsidiary] with a windscreen which shall be made of safety glass.

54.

(1) Every motor omnibus or matatu registered in Kenya shall be tted Windows.

with adequate window space.

(2) Every such space shall be capable of being closed, but only by glass of adequate strength or canvas.

(3) Where such window spaces are closed with glass, every alternate window in the sides of the omnibus or matatu shall be capable of being opened.

54 A (1) A person shall not drive or operate a public service vehicle that Tinted motor vehicle is tted with tinted windows or tinted windscreen.

windows.

L.N.

173/2009.

(2) For the purposes of this rule, tinted means shaded, coloured or treated in a similar manner so that the persons or objects inside are not ordinarily seen clearly from outside.

55.

The owner of every motor omnibus or matatu shall cause to be painted Name-plates.

or otherwise clearly marked in the English language in a conspicuous position L.N.

161/2003, on the right or offside of every such vehicle in letters not less than one inch in L.N 83/2004.

height which shall at all times be kept clearly legible (a) the name and address of the owner of the vehicle; (b) the route the vehicle operates on as allocated by the Transport Licensing Board; (c) the registered tare weight of the vehicle in kg.; and (d) the number of passengers the vehicle is licensed to carry.

th 55A.

(1) With effect from 4 August 2005, every matatu shall have Horizontal band on painted on both sides and on the rear, a broken horizontal yellow band having matatus.

a width of 150 millimetres and of a consistency sufcient to enable such band L.N.

65/2005.

to be clearly visible by day at a distance of at least 275 metres.

(2) The portions of the horizontal band referred to in paragraph (1) which are not of the yellow colour shall be of the colour of the motor vehicle as specied in the vehicles registration book.

(3) The portions of the horizontal band referred to in paragraph (1) which are not of the yellow colour shall not be more than 10 centimetres in width and shall be separated by yellow portions of not less than 60 centimetres in width.

(4) If the main body-work of a matatu is so coloured such that the yellow portions of the band required under this rule do not contrast prominently therewith so as not to be clearly visible by day at a distance of at least 275 metres, then there shall be painted parallel to, and continuous to the yellow band, a band of same dark colour and of the width of not less than 75 millimetres on either side.

(5) The band referred to in paragraph (4) shall be of sufcient consistency to enable the broken yellow band to be clearly visible by day at a distance of 128 CAP.403 Trafc [Rev.

2012 [Subsidiary] at least 275 metres.

(6) There shall be prominently exhibited in every matatu a recent photograph of the head and shoulders of the driver who for the time being has charge of the matatu and the photograph shall be taken full face without hat, of postcard size and such photograph shall be - (a) of such nature and so displayed in a conspicuous place in the matatu so as to enable any person entering, seated in or alighting from the matatu to clearly see the photograph; and (b) approved by a police ofcer of, or above, the rank of Assistant Superintendent and having endorsed on the reverse of the photograph the particulars of the drivers identity card, his public service vehicle licence and drivers licence, and the signature of the police ofcer signifying such approval.

56.

(I) Every motor omnibus or matatu shall carry an efcient re Fire extinguishers extinguisher, which shall be maintained in perfect order and shall be carried in and rst aid outts.

such a position as to be readily available for use at any time.

(2) Every motor omnibus or matatu which operates outside the limits of a municipality shall carry a rst-aid outt sufcient to deal with any reasonable emergency; such outt shall always be kept in rst-class condition, and shall be available for inspection at any time by a medical ofcer, an inspector of vehicles or any police ofcer.

57.

Every motor omnibus and every matatu carrying passengers for hire Conductors.

or reward shall carry a conductor licensed under section 98 of the Act: L.N.

65/2005.

Provided that the Commissioner of Police may, if he is of the opinion that a conductor is not necessary for the safe operation of the vehicle and the safety of the passengers, grant written exemption from the requirements of this rule in respect of any motor omnibus, subject to such conditions, if any, as may be imposed in such written exemption, which shall at all times be carried on the vehicle to which it relates.

Trailers.

58.

No motor omnibus and every matatu, while carrying passengers, L.N.

65/2005.

shall tow a trailer or be towed by another vehicle.

59.

Every driver of a motor omnibus and every matatu shall, after leaving Routes.

a stand or garage with passengers, proceed direct to the place or places included L.N.

65/2005.

in the route of such motor omnibus without unnecessary delay, and shall not return to the place of departure except on the scheduled return journey, save in the event of a breakdown, or when ordered by a police ofcer or inspector so to return.

59A.

(1) No driver of any class of vehicle shall, while the vehicle is Conduct of drivers.

in motion, use a mobile phone or any other communication equipment not L.N.

119/2001.

permanently xed to the vehicle, which distracts or is likely to distract the driver from driving.

Rev.

2012] Trafc CAP.

403 129 [Subsidiary] (2) A person who contravenes any of the provisions of paragraph (1) of this rule shall be guilty of an offence.

60.

No petrol, kerosene or other inammable liquid shall be carried in or on a motor omnibus or matatu except Petrol, etc.

(a) in the fuel tank; or (b) in quantities not exceeding 36 litres placed in containers which are so constructed and maintained as to prevent leakage or evaporation; and such containers shall be carried on the rear portion of the roof of the vehicle in such manner as to prevent them from moving whilst the vehicle is in motion.

61.

(1) No luggage, goods, merchandise or bicycles shall be carried on Luggage.

or in any motor omnibus or matatu except on or in one of the following places, which places shall at all times be so maintained as to provide for the security of every such item (a) on the roof where guard rails have been tted; (b) in a special compartment provided for luggage.

(2) Notwithstanding anything contained in paragraph (1), light hand luggage or parcels may be carried inside a motor omnibus or matatu, with the permission of the conductor or of the driver where no conductor is carried.

Part VI - sPecIal ProVIsIons relatIng to DrIVers, conDUctors anD Passengers of motor omnIBUses or Matatus 62.

In this Part Interpretation of Part.

authorized person includes the owner of the omnibus or matatu concerned or any person employed by him upon or in connexion with such omnibus or matatu; passenger means any person who is in or on, or is about to enter, a motor omnibus or matatu.

63.

The driver and the conductor of a motor omnibus or matatu Conduct of drivers (a) shall behave in a civil and orderly manner; and conductors.

(b) shall not smoke in or on the omnibus or matatu when it has passengers on board; (c) shall take all reasonable precautions to ensure the safety of passengers in or on, or entering or alighting from, the omnibus or the matatu; (d) shall not wilfully deceive or refuse to inform any passenger omnibus or matatu as to the fare for any journey; (e) shall not obstruct, and shall not, on request at any reasonable time, refuse or neglect to give all reasonable information and assistance to, any person having authority to examine the omnibus or matatu; (f) shall not operate any musical instrument in such a manner as to be a nuisance to the passengers or other road users.

130 CAP.403 Trafc [Rev.

2012 [Subsidiary] Penalties under Part.

64.

The driver of a motor omnibus or matatu L.N.

173/2009.

(a) shall not when the omnibus or matatu is in motion enter into conversation with the conductor or any other person without reasonable cause; (b) shall, when picking up or setting down passengers, stop the omnibus or matatu as close as may be to the left or nearside of the road; (c) shall not allow the matatu or omnibus to remain stationary on a road, except at a terminus or at a stand or place where the omnibus or matatu is specially authorized by law to stop; (d) shall not pick or set down passengers, in any urban area, at a place that is not authorized as a bus stop or bus terminal.

65.

The conductor of a motor omnibus or matatu Conduct of (a) shall not when the omnibus or matatu is in motion, distract the conductor.

drivers attention without reasonable cause or speak to him unless L.N.

173/2009.

it is necessary to do so in order to give directions as to the stopping of the omnibus or matatu; (b) shall take all reasonable precautions to ensure that the route, fares and destination of the omnibus are clearly and correctly displayed by every means provided for the purpose; (c) shall endeavour to the best of his ability to ensure the observance of the provisions of these Rules which relate to the conduct of passengers; (d) shall not allow the matatu or omnibus to remain stationary on a road, except at a terminus or at a stand or place where the omnibus or matatu is specially authorized by law to stop; (e) shall not be under the inuence of drink or drugs.

(f) shall not direct the driver to pick or set down passengers, in any urban area, at a place that is not authorized as a bus stop or bus terminal.

65A.(1) With effect from 31st December, 2003, every driver and every Badges and uniform.

conductor of public service shall wear a special badge and uniform.

L.N 161/2003, L.N 83/2004.

(2) The uniform referred to in paragraph (1), shall in the case of a driver be navy blue in colour and in the case of a conductor be maroon in colour.

(3) The badges will be provided by the Registrar of Motor Vehicles upon payment of a prescribed fee.

st (4) With effect from 1 February, 2004, every driver of a public service vehicle shall undergo compulsory testing after every two years to ascertain his or her competence.

(5) Every owner of a public service vehicle shall employ at least one driver and one conductor who shall be security vetted.

(6) Every conductor or driver of a public service vehicle shall only take up employment as such upon being vetted pursuant to paragraph (5) and shall be paid a permanent monthly salary by the owner of the public service vehicle.

Rev.

2012] Trafc CAP.

403 131 [Subsidiary] 66.

(1) No passenger shall Conduct of (a) use obscene or offensive language or conduct himself in a riotous passengers.

or disorderly manner; or L.N.

173/2009.

(b) enter or alight from or attempt to enter or alight from the omnibus otherwise than by the doors or openings provided for the purpose; or (c) when entering or attempting to enter the omnibus or matatu, wilfully and unreasonably impede any other person seeking to enter the omnibus or matatu or to alight therefrom; or (d) enter or remain in or on the omnibus or matatu when requested not to do so by an authorized person on the ground that the omnibus or matatu is carrying its full complement of passengers; or (e) travel in or on any part of the omnibus or matatu not provided for the conveyance of passengers; or (f) wilfully do or cause to be done with respect to any part of the omnibus or matatu or its equipment anything which is calculated to obstruct or interfere with the working of the omnibus or matatu or to cause injury or discomfort to any person; or (g) when the omnibus or matatu is in motion, distract the drivers attention without reasonable cause or speak to him unless it is necessary to do so in order to make any request as to the stopping of the omnibus or matatu; or (h) give any signal which might be interpreted by the driver as a signal from the conductor to start; or (i) spit upon or from, or wilfully damage, soil or dele, any part of the omnibus or matatu; or (j) when in or on the omnibus or matatu, distribute printed or similar matter of any description, or distribute any article, for the purpose of advertising; or (k) wilfully remove, displace, deface or alter any number-plate, notice- board, fare table, route indicator or destination board or any printed or other notice or advertisement in or on the omnibus or matatu; or (l) when in or on the omnibus or matatu, to the annoyance of other persons travelling therein use or operate any noisy instrument or otherwise make or combine with any other person or persons to make any excessive noise by singing, shouting or otherwise; or (m) when in or on the omnibus or matatu, throw any money or other article to be scrambled for by any person on the road or footway; or throw out of the omnibus or matatu any bottle, liquid or litter or any article or thing likely to cause danger, injury or annoyance to any person or damage to any property; or (n) attach to or trail from the omnibus or matatu any streamer, balloon, ag or other article in such manner as to overhang the road; (o) wilfully obstruct or impede any authorized person in the execution of his duty; or (p) smoke or carry a lighted pipe, cigar or cigarette on or on any part of the omnibus or matatu in respect of which a notice is exhibited declaring that smoking is prohibited; or (q) when in or on the omnibus or matatu, beg or hawk any article for sale; or (r) if his condition is such as to be offensive to other passengers, or the 132 CAP.403 Trafc [Rev.

2012 [Subsidiary] condition of his dress or clothing is such that it may reasonably be expected to soil or injure the lining or cushions of the omnibus or matatu or the clothing of other passengers, enter or remain in or on the omnibus or matatu after an authorized person has requested him either not or enter or to leave the omnibus or matatu and in such latter case has tendered to him the amount of any fare previously paid; or (s) enter or travel in or on the omnibus or matatu with petrol or any dangerous or offensive article, or, except with the consent of an authorized person, bring into or on to the omnibus or matatu any bulky or cumbersome article or place any such article elsewhere in or on the omnibus or matatu than as directed by an authorized person; or (t) bring any animal into or on to the omnibus or matatu without the consent of an authorized person, or retain any animal in or on the omnibus or matatu after being requested by an authorized person to remove it, or place any animal elsewhere in or on the omnibus or matatu than as directed by an authorized person; or (u) fraudulently use or attempt to use any ticket which has been (i) altered or defaced; or (ii) issued to another person, if such ticket bears thereon an indica- tion that it is not transferable; or (v) if he is in a state of intoxication, enter or attempt to enter, or having entered refuse to leave, the omnibus or matatu; or (w) enter or alight from any omnibus or matatu while the omnibus or matatu is in motion, or attempt to do so.

(x) alight or board a matatu or omnibus, in any urban area, at a place which is not authorized as a bus stop or bus terminal.

(2) Every passenger shall (a) unless he is the holder of a ticket or, if no tickets are issued, has paid the fare in respect of that journey, immediately upon demand or, if no demand has been made, before leaving the omnibus or matatu, declare the journey he intends to take or has taken and pay the conductor the fare for the whole of such journey, and if tickets are issued accept the ticket provided therefor; (b) if requested by an authorized person, leave the omnibus or matatu on completion of the journey for which he has paid; (c) show his ticket on a route where tickets are issued, when required to do so by any authorized person, or in default thereof pay the fare for the journey taken or to be taken by him; (d) if required to do so by an authorized person, surrender his ticket at the end of the journey covered by that ticket; (e) if required to do so by an authorized person, surrender any period or season ticket held by him at the expiry of the period for which it was issued to him; (f) if required to do so by an authorized person, surrender any ticket held by him in exchange for a new ticket covering the journey or journeys which he is still entitled to take.

Powers of authorized 67.

Any passenger who is reasonably suspected of contravening these persons and police.

Rev.

2012] Trafc CAP.

403 133 [Subsidiary] Rules shall (a) give his name and address to a police ofcer or to the driver or conductor or other authorized person on demand; (b) immediately quit the omnibus if requested to do so by the driver or conductor thereof; (c) if he refuses to quit the omnibus or matatu after being lawfully requested to do so by the conductor or driver or by any police ofcer, be removed therefrom by such conductor, driver or ofcer.

68.

(1) The conductor or, where there is no conductor, the driver of an Lost property.

omnibus or matatu shall, after the completion of each journey, search for any property left in the vehicle, and shall without undue delay take such property, unless it is rst claimed by the owner, to the nearest police station, or hand it to a person authorized by the owner of the omnibus or matatu, who shall within seventy-two hours take such property to the nearest police station.

(2) All such property, if claimed by the owner within two months after the date on which it was brought to the police station, shall be delivered to the owner, and if not so claimed shall be sold by public auction and the net proceeds, after deducting all expenses, which shall include a reward fee for the nder thereof of a sum equal to twenty per cent of the amount realized by such auction, shall be paid into the Consolidated Fund.

69.

A person who contravenes or fails to comply with any of the Penalties under this provisions of this Part commits an offence and is liable to a ne of not less Part.

than ten thousand shillings and not exceeding fteen thousand shillings or, L.N.

173/2009.

in default of payment, to imprisonment for a term not exceeding six months.

Part VII - sPecIal ProVIsIons relatIng to taXIcaBs st 70.

(1) With effect from 1 January, 2004, every taxicab shall have painted Yellow bands.

on both sides and on the rear a continuous horizontal yellow band having aL.N.

161/2003.

width of 150 millimetres and of a consistency sufcient to enable such band to L.N.

65/2005.

be clearly visible by day at a distance of not less than 275 metres.

(2) If the main body-work of a taxicab is so coloured that the yellow band required under this rule does not contrast prominently therewith so as to be clearly visible at a distance of at least 275 metres, then the main body-work, or so much of it as runs parallel to and at a distance of not less than 75 millimetres on either side of and contiguous to the aforesaid yellow band, shall be painted a dark colour of sufcient consistency to enable the yellow band to be clearly visible at the distance aforesaid.

71.

There shall be prominently exhibited in every taxicab a recent Photographs.

photograph of the head and shoulders of the driver who for the time being has L.N.

65/2005.

charge of the taxicab and the photograph shall be taken full face without hat, of postcard size and such photograph shall be (a) of such nature and so displayed as to enable any person riding in the back of the taxicab clearly to identify the driver thereof with 134 CAP.403 Trafc [Rev.

2012 [Subsidiary] the photograph; and (b) approved by a police ofcer of or above the rank of Assistance Superintendent and having endorsed on the reverse of the photograph the particulars of the drivers identity card, public service vehicle licence and taxi drivers licence, and the signature of such police ofcer signifying such approval as aforesaid.

Penalties under this 72.

Any person who part.

L.N.

65/2005.

(a) contravenes or otherwise fails to comply with the provisions of this Part; or (b) owns, drives, causes to be driven or has charge of a taxi-cab other than in accordance with the provisions of this Part, shall be guilty of an offence and liable to a ne not exceeding six hundred shillings or, in default of payment, to imprisonment for a term not exceeding two months or to both.

Part VIII - traffIc regUlatIon Meeting or 73.

(1) Every vehicle meeting or being overtaken by other trafc shall overtaking trafc.

be kept as close to the left or nearside of the road as possible.

(2) Every vehicle overtaking other trafc shall be kept to the right or offside of such trafc.

(3) Animals which are being led may be passed or overtaken on whichever side is the safer.

(4) No vehicle shall be driven so as to overtake other trafc unless the driver of the vehicle has a clear and unobstructed view of the road ahead; the driver shall not overtake such trafc unless he sees that the road ahead is clear for a sufcient distance to enable him, after overtaking, to return to his proper side before he encounters any trafc coming from the opposite direction.

(5) No vehicle shall overtake other trafc when such vehicle is rounding a corner, or at any place where roads intersect or fork, or where a road passes over the brow of a hill or over a hump-backed bridge, or where the driver of the vehicle is unable to see sufciently far ahead to enable him to overtake with safety.

(6) Any vehicle meeting another vehicle on a road shall, where necessary to allow safe passage for any reason, slow down, and the driver of an unladen vehicle shall give right of way to any laden vehicle in such circumstances.

(7) Vehicles ascending any hill shall, where necessary, be given the right of way by oncoming vehicles.

(8) The driver of any vehicle which is being driven on its offside of the road shall give way to any oncoming trafc.

Rev.

2012] Trafc CAP.

403 135 (9) Notwithstanding the provisions of this rule, it shall be lawful for [Subsidiary] vehicles to overtake in the near or left-hand trafc lane and for meeting trafc to pass in their appropriate lane on any road which has been divided into three or more trafc lanes by islands, bollards or markings on the road.

74.

Where, for any reason, any vehicle is proceeding at a slow rate of Slow-moving trafc.

speed which is causing obstruction to other trafc, the driver of such vehicle shall keep close to his nearside and permit other vehicles to overtake him.

75.

Save where the contrary is allowed by a police ofcer in the execution Duty to keep left.

of his duty or by the indication of any trafc sign, drivers of vehicles shall drive to the left side of all roundabouts, street islands or street refuges.

76.

Every vehicle when turning to the left from one road into another Turning left.

road shall keep close to the left side of each such road.

Turning right.

77.

Every vehicle when turning to the right from one road into another road shall drive round the point of intersection of the centre lines of the two roads or round any island or mark which may have been erected or marked for the guidance of trafc.

Change of trafc 78.

No vehicle shall be driven from one trafc lane to another such lane lane.

unless the driver thereof has rst made sure that he will not inconvenience trafc in such other lane.

Trafc on 78A.

(1) The driver of a vehicle which is about to enter a roundabout roundabouts.

shall give way to any other vehicle which is already in the roundabout and shall, if necessary, stop before entering the roundabout in order to allow any such other vehicle to proceed.

(2) No person shall drive any vehicle into a roundabout unless, at the time of entry of the vehicle into the roundabout, it is reasonable to suppose that the vehicle will not be forced to stop in the roundabout by reason of trafc already therein.

(3) Where a road entering a roundabout is divided into trafc lanes bearing carriageway markings indicating the direction or directions which may be taken by trafc proceeding in any such lane, no driver of a vehicle shall (a) proceed in the roundabout in any direction other than one permitted by the marking on the lane by which he enters the roundabout; or (b) cross from one such lane into another whilst in the roundabout or within twenty-ve metres after the point of exit therefrom.

(4) For the purposes of this rule, a vehicle shall be deemed to have entered or been driven into, or to be in, a roundabout (a) where a broken line has been placed at the perimeter of the roundabout transversely to the road or trafc lane along which such vehicle has approached the roundabout, when its front wheels have crossed such line; or (b) in any other case, when its front wheels have crossed the actual 136 CAP.403 Trafc [Rev.

2012 [Subsidiary] perimeter of the roundabout.

(5) Any person who contravenes any provision of this rule shall be guilty of an offence and liable (a) in the case of a rst conviction therefor, to a ne not exceeding one thousand shillings; and (b) in the case of a second or subsequent conviction for such offence, to a ne not exceeding two thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

Travelling 79.

No person shall cause a motor vehicle to travel backwards for a greater distance or time than may be requisite for the safety or reasonable convenience backwards.

of the occupants of that vehicle or of other trafc on the road.

Travelling with part 80.

No driver or passenger in any vehicle shall, except for the purpose of body outside of giving a signal, or in the event of any emergency, or for the purpose of test vehicle.

or repair, permit any part of his body to protrude outside such vehicle whilst it is in motion.

Filling petrol.

81.

No person shall ll with petrol any motor vehicle while the engine is running, or while any light, other than an electric light is alight on the vehicle, nor shall any person, whilst a motor vehicle is being lled with petrol, smoke, strike a light or exhibit any ame within 10 feet of such vehicle.

Pedal cyclists.

82.

Pedal cyclists shall in no case proceed more than two abreast.

Priority for police, 83.

Every driver shall, upon hearing the sound of any gong, bell (other than a bicycle bell) or siren, indicating the approach of a police vehicle, re engines and ambulance or re engine, at once give such vehicle right of way, and if necessary ambulances.

pull his vehicle to the nearside of the road and stop until the police vehicle, ambulance or re engine has passed.

84.

(Deleted by L.N.

310/1974.) Part IX - seatIng anD Passenger caPacIty of VehIcles 85.

(1) The distance between the backs of the seats on a motor omnibus, Arrangement of seats when the seats are so placed that they are facing one another, shall not be less in motor omnibuses.

than 1,420 millimetres.

(2) Where seats are placed behind each other on a motor omnibus, the distance between the backs of any two seats so placed shall not be less than 380 millimetres.

(3) Where the seats of a motor omnibus are placed lengthwise along the sides of the omnibus, any seats constructed on any portion of the intervening space between the seats so placed shall (a) be constructed either as separate single seats, each of which shall face the front of the omnibus, or in sets of two single seats back to back, one facing to the front and the other to the rear; (b) be placed so as to be equidistant on both sides from the sides of Rev.

2012] Trafc CAP.

403 137 [Subsidiary] the omnibus; and (c) be 380 millimetres in width and have clear space on all sides of not less than 400 millimetres.

Seating capacity 86.

In determining the number of persons for which any public service of public service vehicle has seating capacity, the following provisions shall, apply vehicles.

(a) in the case of a vehicle registered as a motor omnibus (i) where separate seats are provided for each person, one person shall be counted for each separate seat provided; (ii) where the vehicle is tted with continuous seats, one person shall be counted for each complete length of sixteen inches measured in a straight line lengthwise on the front of each seat; and where a continuous seat is tted with arms for the purpose of separating the seating spaces, and the arms are so constructed that they can be folded back or otherwise put out of use, the seat shall be measured as it had been tted with arms; (b) in the case of a vehicle registered as a matatu, the seating capacity shall be determined by the certifying ofcer at the time of mandatory inspection, on the basis of the difference between the tare weight of the vehicle (including any modication work), and the gross weight of the vehicle as specied by the manufacturer, both gures to be expressed in kilogrammes, as applied to the number of units of sixty-ve kilogrammes which would be equivalent to the difference between the two load gures.

Drivers seat in motor 87.

(1) There shall be provided for the exclusive use of the driver of omnibus, matatu or every motor omnibus or matatu and every commercial vehicle a single seat or commercial vehicle.

a section of continuous seat the front edge of which is not less than two feet in length; and such seat shall be placed and constructed so that the driver is able to control the vehicle effectively and with safety.

(2) No person or goods of any description shall be carried in such a position or in such a manner as to occupy any part of a drivers seat or so as to obstruct his movements or view when he is driving the vehicle.

(3) No person or goods shall be carried on the right or offside of any driver of a right-hand drive vehicle, nor to the left or nearside of the driver of a left-hand drive vehicle.

Passengers on 88.

(1) No person shall be permitted by the owner, driver or other person commercial vehicles.

in charge of a commercial vehicle to travel on the vehicle whilst it is being used on a road otherwise than sitting on the seats provided for passengers; the number of such seats shall be calculated in the same manner as for a motor omnibus.

(2) (Deleted by L.N.

89/2007.) Children.

89.

For the purposes of this Part 138 CAP.403 Trafc [Rev.

2012 [Subsidiary] (a) a child who is under the apparent age of ve years shall not count as a passenger; (b) any two children, each of whom is over the apparent age of ve years and under the apparent age of 12 years, shall count as one passenger.

Penalties under this 90.

Any person who owns, drives, causes to be driven or has charge Part.

of a vehicle other than in accordance with the provisions of this Part shall be guilty of an offence and liable to a ne not exceeding six hundred shillings or to imprisonment for a term not exceeding two months or to both.

Part X - InternatIonal traffIc Interpretation of this 91.

In this Part, unless the context otherwise requires Part.

international certicate means an international certicate for motor vehicles issued in accordance with an international convention; international convention includes the following conventions (a) the International Convention Relative to Motor Trafc concluded th at Paris on the 24 April, 1926; (b) the International Convention Regarding the Taxation of Foreign th Motor Vehicles concluded at Geneva on the 30 March, 1931; th (c) the Convention on Road Trafc concluded at Geneva on the 19 September, 1949; international driving permit means an international driving permit issued in accordance with an international convention.

92.

The Registrar shall, if he deems it necessary, appoint a competent Issue of international authority to issue international driving permits, and any documents permitting documents.

the international movement of motor vehicles, and the Registrar or such authority shall (a) examine or cause to be examined any motor vehicle registered in Kenya which is submitted for examination and, if satised after examination that such vehicle is suitable for use on the highway in another country and that it fulls the conditions specied by international convention, issue on payment of the prescribed fee an international certicate for motor vehicles; (b) examine any person submitting himself for examination and, if upon examination he is found to be competent as provided by international convention, issue to him on payment of the prescribed fee an international driving permit: Provided that no international driving permit shall be issued to any person who is under eighteen years of age.

International 93.

The person in charge of a motor vehicle arriving in Kenya and proposing to use the vehicle under this Part shall, within seven days of such circulation permit.

arrival, produce for inspection by a licensing ofcer (a) the international certicate; Rev.

2012] Trafc CAP.

403 139 [Subsidiary] (b) the scal permit or customs duty receipt; and Cap.

405.

(c) the certicate of insurance or certicate of security required by the Insurance (Motor Vehicles Third Party Risks) Act, in respect of such vehicle, and on being satised with regard to these documents the licensing ofcer shall issue in respect of such vehicle a document to be known as an international circulation permit, which shall be carried on such vehicle in the manner prescribed in paragraphs (1) and (2) of rule 8.

Exemption from 94.

(1) A motor vehicle in respect of which a valid international certicate registration and is in force shall not be required to be registered under the Act while in use in licensing.

Kenya until the expiry of one year from the date of the issue of such certicate.

(2) A motor vehicle in respect of which a valid international certicate is in force shall not be required to be licensed under the Act while in use in Kenya during the currency of such certicate for a period or periods not exceeding in the aggregate (a) in the case of a public service vehicle or commercial vehicle, 30 days; and (b) in the case of any other vehicle, 90 days.

(3) The owner of a motor vehicle referred to in paragraph (2) shall, on entering Kenya, obtain an authorization permit valid for a period not exceeding seven days in accordance with rule 7A and shall on expiry of such permit obtain an international circulation permit.

(4) Upon the expiry of the period or periods referred to in paragraph (2) the motor vehicle shall either be registered and licensed in accordance with Parts II and III of the Act or removed from Kenya.

Distinguishing sign.

95.

A motor vehicle in use in Kenya under this Part shall carry, in addition to any identication marks prescribed by the law of the country in which it is registered, xed in a conspicuous manner on the back of the vehicle the distinguishing sign of the place of registration of the vehicle as described in Annex 4 of the International Convention on Road Trafc signed at Geneva th on the 19 September, 1949 (which Annex is for the purpose of information reproduced in the Ninth Schedule to these Rules.

Transfer of vehicles.

96.

No person using a motor vehicle in Kenya under this Part shall transfer such vehicle to any other person unless he has rst obtained the permission in writing of the Registrar so to do.

Removal of 97.

(1) Upon the expiry of any period in respect of which a vehicle is distinguishing sign permitted to remain in Kenya under this Part, the owner or driver of the vehicle and plate.

shall forthwith remove the distinguishing sign referred to in rule 95.

(2) No vehicle which is registered in Kenya shall display any international distinguishing sign or plate other than the letters E.A.K.

140 CAP.403 Trafc [Rev.

2012 [Subsidiary] 98.

(Deleted by L.N.209/1971.) Penalties under Part.

99.

Any person who contravenes or otherwise fails to comply with the provisions of this Part shall be guilty of an offence and liable (a) in the case of a rst conviction, to a ne not exceeding two thousand shillings or imprisonment for a term not exceeding six months; (b) in the case of a second or subsequent conviction, to a ne not exceeding ve thousand shillings or imprisonment for a term not exceeding one year or to both.

L.N.

290/1994, FIRST SCHEDULE (rr.

4, 7 and 7A) L.N.

393/1995, L.N.

127/1996, Part IL.N.

163/1997, L.N.

104/2002, fees L.N.

56/2006.

Registration of Vehicles On original registration- Ksh.

A motor vehicle with less than four wheels 565 A motor vehicle with four wheels and with engine capacity- (a) not exceeding 1000 cc.

1,700 (b) exceeding 1000 cc but not exceeding 1200 cc.

2,100 (c) exceeding 1200 cc but not exceeding 1500cc.

2,300 (d) exceeding 1500 cc but not exceeding 1700 cc.

2,800 (e) exceeding 1700 cc but not exceeding 2000 cc.

3,300 (f) exceeding 2000 cc but not exceeding 2500 cc.

5,100 (g) exceeding 2500 cc but not exceeding 3000 cc.

7,000 (h) exceeding 3000 cc.

8,300 A trailer with less than four wheels.

450 Trailer with four wheels or more.

1,275 For all types of tractors and mobile cranes.

450 Transfer of ownership.

500 Duplicate registration book.

2,000 Replacement of registration book.

400 Driving Licences KSh.

Provisional licence.

600 Driving test booking fees.

600 Full licence: (i) annual.

700 (ii) triennial.

1,800 Annual renewal.

600 Rev.

2012] Trafc CAP.

403 141 [Subsidiary] Triennial renewal.

1,400 Duplicate driving licence.

400 Vehicle Licences Dealers general licence - (i) On new applications.

18,500 (ii) Renewal of dealers general licence.

6,300 (iii) Duplicate of dealers general licence.

3,600 (iv) New motor vehicles.

9,600 (v) Used motor vehicles.

4,200 (vi) Issue a pair of Kenya Garage Plates.

2,900 (vii) Issue of single Kenya Garage Plates.

1,600 Public Service Vehicles Drivers licence (with badge).

700 Conductors licence (with badge).

700 Miscellaneous Copy of vehicle records.

500 Inspection of vehicles - booking fee for inspection.

1,000 Foreign Private Vehicles Private vehicle licence Per month For three For additional months period under r.7A (6) (per day) US$ US$ US$ For vehicles - (i) not exceeding 2,000 cubic centimetres 20 50 1 (ii) exceeding 2,000 cubic centimetres 40 100 2 Foreign Commercial and Public Service Vehicles Foreign commercial and public Per Month Additional period service vehicles authorization US$ under r.7A (6) per day) permit.

U.S.$ For vehicles not exceeding 3,000 kg.

tareweight 20 1 142 CAP.403 Trafc [Rev.

2012 [Subsidiary] Part IIsPecIfIcatIons on PersonalIzeD nUmBer Plates: (a) The maximum number of characters shall be seven for each of the front and rear plates.

L.N.

78/2012.

(b) The minimum number of characters shall be four on both front and rear plates.

(d) Use of signs, symbols or any abusive words is strictly prohibited.

(e) The use of the letter O and I shall not be used unless they used in a complete word.

(f) Both the front and rear plates shall be embossed in blue with a reective white background.

(g) The personalized identication plates shall not be transferable and shall when the vehicle is disposed, be surrendered and the vehicle re-registered.

(h) The personalized plates shall be displayed on aluminum embossed plates with the rear registration plate being of size 205 (two hundred and ve) by 230 (two hundred and thirty) millimeters (205 x 230 mm).

(i) An alternate rear elongated plate shall bear the National Flag and the security hologram both at the left hand side and shall be of a size 522 mm (ve hundred and twenty two) and 114 (one hundred and fourteen) millimeters (522 x 114) mm.

(j) The front registration plate shall bear the National Flag with the security hologram at the left hand side shall be of size ve hundred and twenty two by one hundred and fourteen millimeters (522 x 114 mm).

Rev.

2012] Trafc CAP.

403 143 SECOND SCHEDULE form 1 [Subsidiary] APPLICATION FOR REGISTRATION AND LICENCE OF MOTOR VEHICLE OR TRAILER (Section 6 (2), rule 5) IMPORTANT.-When it is required to license a vehicle at the time For Ofcial Use Only of registration, this form may be used for both purposes without the Serial Number of Licence.

necessity of completing Form C.

Unless this application is completed in Prepared by.

every respect, delay may occur in the issue of a licence.

Checked by.

(A) APPLICATION: Date I apply to be registered as the owner of the vehicle Amount to pay described below.

I also apply for a licence for:- (tick one box) Registration Fee Sh.

10 00 4 months or commencing .19.

Licence Fee Sh.

12 months (Months) Total Sh.

(B) INSURANCE: Name of company issuing third party insurance 123456789 10 11 (C) PARTICULARS OF VEHICLE: 12 13 (Tick or ll boxes where appropriate) 14 1.

Motor Vehicle Trailer Motor cycle 15 16 17 18 2.

Make 3.

Body type (See Note 1 overleaf) 19 20 4.

Other vehicle description 5.

Year of manufacture 19.

21 22 6.

Tareweight .kgs.

Manufacturers chassis or frame number 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 8.

Number of axles.

Value K.

39 40 41 42 43 10.

Principal body color: (tick one box only) white/cream yellow/gold 44 red/maroon/pink brown/beige orange black 45 blue/turquoise grey green purple/violet 46 11.

Is it a new vehicle? (see Note 2 overleaf) Yes No 12.

Has the vehicle previously been registered?Yes No If yes, Country .and Registration mark/number.

47 13.

Use: (a) Private carrying capacity (b) commercial: .kgs.

48 49 50 51 52 goods (c) Commercial: seating.

53 54 55 56 57 public service 14.

Expected normal location of vehicle: .Road.

Area/Estate .Town.

District 15.

Motor vehicle only: - (a) Method of propulsion (see Note 3 overleaf) Petrol Diesel Other oil Steam Electricity 58 (b)Engine identication number 59 60 61 62 63 64 65 66 67 68 69 70 71 72 (c) Rating (cubic centimetres).

Registration Mark and Number (D) DECLARATION: I declare that the foregoing particulars are true and complete.

74/3 80/921 Registration Book No.

Usual signature.

12.

Name (in full).

10-35 (Block Capitals) 36-51 Postal address.

52-71 Town.

72 73 74 75 76 77 78 79 80 Date .19.

TN RC PREG 144 CAP.403 Trafc [Rev.

2012 [Subsidiary] form 1 (Contd.) notes 1.

In the case of a motor-cycle particulars of side-car (if any) must be given.

In the case of a lorry description of body should be either Platform, Sided, High Sided, With Stays, Tipping or Totally Enclosed.

In the case the case of car description of body should be either Saloon, L.V.D, Box Body, Panel Van, Station Wagon, Open Tourer of Special Type.

If a new vehicle, evidence such as the manufacturers or an accredited agents sales delivery note, invoice or the like should be supplied.

If not a new vehicle, a satisfactory explanation must be supplied as to why it has not previously been registered.

If imported, by other means than through an accredited agent, the owner must be in possession of an export permit, other than a temporary permit or permit for exportation for a limited period only, showing that the vehicle has been lawfully exported from its country of origin or the country in which it was last registered, if such is required by the law of that country, and proof that the vehicle has been lawfully imported into Kenya.

The term Other Oil includes gas oil, kerosene, tractor vaporizing oil and parafn.

Where a vehicle is propelled by either diesel or other oil, even though the engine may be started up with another fuel (e.g.

petrol) the answer to question (g) overleaf should be diesel oil or other oil as the case may be.

When completed, this form must be sent or taken to a licensing ofcer, together with the fee payable and, if a licence is required, a current certicate of insurance or certicate of security in respect of Third Party Risks (and the registration certicate if the vehicle has been previously registered).

Rev.

2012] Trafc CAP.

403 145 [Subsidiary] FORM II aPPlIcatIon for roaD fUnD lIcence, transfer of ownershIP anD change of regIstratIon PartIcUlars (Sections 6 (7), 9 and 16) aPPlIcatIon for:- (a) Road Fund Licence (see note 1 overleaf) (b) Transfer of Ownership (see note 2) (c) Change of Registration Particulars (see note 3) N.B.- sectIons 1 and 4 to be completed in all cases.

sectIons 2 and 3 to be completed as applicable.

This form to be submitted in duplicate, see Note 4 for offIcIal Use only 1.

DETAILS OF THE VEHICLE:- Include any changes since the Licence Expiry date.

vehicle was last licensed.

Registration Mark and Number 3 Make.

Class:.private Goods P.S.V.

(If not private, VIR Number).

VIR Vehicle type (see note 5 over).

Tareweight .kgs.

Carrying capacity .passengers/.kgs.

Principal colour.

Engine ID Number Normally kept at.

Street.

Town Location Note here any other changes 2.

LICENCE APPLICATION (Cap.

403, section 16) Amount to pay I apply for a licence for (tick one box) Sh.

4 months or 12 months, commencing .19.

Licence No.

(month) 4 146 CAP.403 Trafc [Rev.

2012 [Subsidiary] form II - (contD.) 3.

TRANSFER OF OWNERSHIP (Cap.

403, section 9) Certied I have transferred the vehicle described above Amount to pay and its registration book to:- Sh.

Name Receipt No.

of Postal Address) Box.Town Signed.

Date.

Full Name.

of (Postal Address) Box.

Town.

DECLARATION I declare that the foregoing particulars are true and complete and that the above vehicle, Registration No.

is Ins.

Co.

currently insured* by.

Certicate No.

Checked by Name in full.

(25) (Block Capitals) of Box.(5) Town.(15) Date.

Signed.

(owner) *Delete if vehicle not in use on road.

NOTES 1.

Application for licence for motor vehicle or trailer Complete section 1,2 and 4 of this form in full.

The licence may be obtained from any outstation which undertakes to issue motor vehicle licences, provided the particulars on either page 4 or 5 of the registration certicate are correct and have been recorded by the Registrar.

Application for transfer of ownership of motor vehicle or trailer Complete section 1,3 and 4.

Section 2 need not be completed if a new licence is not required at the time of transfer of ownership.

Change of registration particulars Complete section 1 of this form to show current particulars of the vehicle.

Supporting documentation should be available for inspection where applicable (e.g.

showing the source of a substituted engine).

Section 4 must be completed in all cases, sections 2 and 3 only if applicable.

Unless this application is completed in duplicate as indicated below, delay may occur in processing.

This form may be used for one vehicle only.

This application must be taken or sent to a licensing ofcer together with: (a) Fee payable.

(b) Registration certicate.

(d) Vehicle inspection report (commercial vehicles only).

Rev.

2012] Trafc CAP.

403 147 [Subsidiary] Only cash, postal orders, bank orders or guaranteed cheques will be accepted for payment at Nairobi, and should be made payable to the Registrar of Motor Vehicle P.

Box 30440.

Nairobi.

Vehicle type: Indicate as applicable 00 Saloon 07 Trailer 01 Station Wagon 08 roller, grader and crane 02 Pick-up 09 Wheeled tractor 03 Lorry 10 Crawler tractor 04 Bus 11 Motor cycle 06 Special Purpose- 12 Three-wheeler Ambulance, Fire Engine, etc.

FORMS III and IV - (Deleted by L.N.

119/1971).

FORM V - (Deleted by L.N.

56/2006).

aPPlIcatIon for Dealers general lIcence form VI (Sections 23 and 25) [Name].

For Ofcial Use (Block capitals) of [Postal Address].

Serial number(s) of licences(s).

issued.

hereby declare that I am carrying on the businessof a dealer in or manufacturer or repairer of motor vehicles Serial number(s) of plate(s) issued at -.

.Road.

Town/District, Date Stamp and apply for*- (a) .dealers general licence[s] (b).

identication plate[s] (c).

renewal licence[s] Licence Fees in respect of plates[s] No.[s].

already in Licence(s).

Sh.

my possession.

Plate(s).

Sh.

Signature.

Total.

Sh.

Date.

19.

*Delete items not applicable.

When a Dealers General Licence expires or is cancelled or otherwise ceases to be valid under the provisions of the Act, the holder of the licence shall deliver to the Registrar the identication plates which were issued to such holder with such licence, unless a renewal licence is issued for the same plates.

When completed this form should be sent with fee and certicate of insurance to - The Registrar of Motor Vehicles, P.

Box 30041, Nairobi.

148 CAP.403 Trafc [Rev.

2012 [Subsidiary] form VII aPPlIcatIon for DrIVIng or ProVIsIonal lIcence or for enDorsement of eXIstIng lIcence (Section 34) (A) APPLICATION For Ofcial ProVIsIonal Use Only DrIVIng I apply for - { enDorsement of eXIstIng } Licence to entitle me to drive- (a) Motor omnibuses.

Licence No.

(b) Heavy commercial vehicles.

tare weight.

Date.

(d) Tractors.

(e) Motor-cars and commercial vehicles not exceeding 1,800 kg.

tare weight.

(f) Motor cycles up to and including 50 c.c.capacity.

(g) Motor cycles over 50 c.c.

capacity.

(h) Invalid carriages.

(i).

(to be specied) [Strike out items not applicable] Fee Sh.

(B) PARTICULARS TO BE FURNISHED BY APPLICANT 1.

Surname [block capitals] 2.

Other Names (also insert Mr., Mrs.

or Miss as the case may be) 3.

Residential Address 4.

Postal Address 5.

Age (If over 18 years answer over 18) 6.(a) Number of years you have held a driving licence.

(b) Country of issue.

(d) Kenya certicate of competency number 7.

Has a Court at any time ordered a conviction to be endorsed on your licence (or certicate or competency) (Answer Yes or No).

Are you disqualied by any Court for holding or obtaining a licence (Answer Yes or No).

Do you certify that you are not suffering from epilepsy or from sudden attacks of disabling giddiness or fainting (Answer Yes or No).

10.

Can you read at a distance of 25 metres in good daylight (with glasses if worn) a motor-car number plate containing six letters and numbers (Answer Yes or No).

11.

Are you without either hand or foot, or are you suffering from any defect in movement control or muscular power, of either arm or leg.

(Answer Yes or No; if yes give particulars of the disability)., 12.

Are you suffering from any other disease, mental or physical, or disability which would be likely to cause the driving by you of a motor vehicle to be a source of danger to the public.

(Answer Yes or No, if yes give particulars of the disability).

Rev.

2012] Trafc CAP.

403 149 [Subsidiary] form VII - (Contd.) (Reverse) I declare that to the best of my knowledge and belief the answers given above are true; I further declare that I have studied the Highway Code, and that I am aware that it is an offence for a person to use a motor vehicle on public roads (subject to statutory exceptions) unless there is in force a policy of insurance or a security against third party risks covering the use by that person of that vehicle.

Date_ Signature of applicant _I enclose two copies of a recent photograph (size 35 mm.

by 45 mm.) (head and shoulders) (full face without hat) (NOT REQUIRED IF APPLICATION is for a Provisional Licence or for endorsement of FURTHER CLASSES) _ offIcIal Use only Authority for_ Granting Licence_ 150 CAP.403 Trafc [Rev.

2012 [Subsidiary] DrIVIng lIcence form VIII _ Page 1 Surname.

Other names.

Date of birth.

of C.

No.

Issued by the Registrar of Motor Vehicles, Nairobi.

Photograph e of Licensee 35 mm.

by 45 mm.

Signatur Date.

Signature of Authority _ Page 2 VehIcles for whIch lIcence Is ValID Motor omnibuses Heavy commercial vehicles Commercial vehicles Tractors exceeding 1,800 kg.

tare weight Motor-cars and commercial Motor cycles up to vehicles not exceeding 1,800 and including 50 c.c.

kg.

tare weight.

capacity Motor cycles over 50 Invalid carriages c.c.

capacity Special type (specied).

See page 4 for special conditions.

Rev.

2012] Trafc CAP.

403 151 [Subsidiary] form VIII - (Contd.) Page 3 No.

GOVERNMENT OF KENYA DrIVIng lIcence Name.

Address.

is hereby licenced to drive the classes of vehicles authorized by ofcial stamp on page 2 until.

Fee of Sh.

received.

Date.

Signature of Authority _.

Signature of Licensee _ Page 4 sPecIal conDItlons (if any) _ Page 5_ Page 6_ Page enDorsements 152 CAP.403 Trafc [Rev.

2012 [Subsidiary] No.

form IX GOVERNMENT OF KENYA InterIm DrIVIng lIcence (Rule 11 (1) (e)) Name.

Address.

is hereby authorized to drive the following classes of vehicles until.

inclusive, or until a driving licence is issued to him, whichever is the earlier: - Classes.

of C.

Number.

Fee paid Sh.

Signature of Authority Date.

_ no.

form X GOVERNMENT OF KENYA ProVIsIonal DrIVIng lIcence (Section 37 (1)) hereby license Name.

Address.

To Drive Class.Vehicle from.

to.inclusive Date.Signature of Licensing Ofcer.

Fee paid Sh.

50 [See Conditions Overleaf] Rev.

2012] Trafc CAP.

403 153 form X - (Contd.) [Subsidiary] ( Reverse) conDItIons attacheD to the DrIVIng of motor VehIcles By the holDer of a ProVIsIonal lIcence (1) The holder of a provisional licence, when driving any vehicle which he has not qualied by test to drive, must carry the prescribed L plate at the front and back of the vehicle.

(2) He must be accompanied by a supervisor, except when undergoing the driving test or when driving a solo motor cycle or a vehicle, other than a motor-car, not constructed or adapted to carry more than one person.

The supervisor must hold a current licence to drive the class of vehicle being driven by the provisional licence holder.

(3) When driving a solo motor cycle, he must not carry any pillion passenger except a licence holder qualied as in (2) above.

_ aPPlIcatIon for DUPlIcatIon regIstratIon Book or DUPlIcate lIcence form XI (Sections 6 (6), 21, 38, 97 (7) and 98 (6)) (1) Registration book issued for vehicle.

(registration mark) (2) Vehicle licence issued for vehicle.

(registration mark) (3) Driving licence issued on.

(approximate date) (4) Provisional licence issued on.

(approximate date) (5) P.S.V.licence.

(registration mark) (6) P.S.V.

drivers licence issued on.

(approximate date) (7) P.S.V.

conductors licence issued on.

(approximate date) I hereby declare that the above.has been lost or rendered illegible.

The circumstances of the lost or defacement were as follows:- I therefore request that a duplicate be issued, on payment by me of Sh.

Usual signature.

Name (in full).

(in block capitals) Address.

Date.

NOTE.

If you require a duplicate driving licence, you must submit two copies of a recent photograph (size 35 mm.

by 45 mm.) (head and shoulders) (full face without hat).

154 CAP.403 Trafc [Rev.

2012 [Subsidiary] No.

form XII test aPPlIcatIon form (Rule 13 (1)) I.

(full name in block capitals) of.

(postal address) holding provisional licence number.

and/or driving licence number.

require to undergo a driving test in respect of vehicles of class.

Signature of applicant.

_ Fee paid Sh.

Date.

Signature of licensing ofcer.

_ Driving test allotted as follows: - Date.

Time.

Place.

_ NOTE - Failure to attend at the date, time and place specied will necessitate a fresh application and fee if a driving test is still required.

Rev.

2012] Trafc CAP.

403 155 [Subsidiary] form XIII DrIVers certIfIcate of comPetency (Rule 13 (2)) To the Registrar.

I hereby certify that, after examination of- Surname.Other Names.

Address., who held Test Application Form No.

.dated., and whose signature has been placed below in my presence, he/she is competent to drive on roads a motor vehicle of the class herein specied.

class of motor VehIcle.

(in words) Dated at.

this.day of., 19.

Signature of driving test examiner.

Signature of person examined.

156 CAP.403 Trafc [Rev.

2012 [Subsidiary] form XIV aPPlIcatIon for lIcence for PUBlIc serVIce VehIcle (a) aPPlIcatIon (Section 96 (1)) for offIcIal Use only I (name).

Serial No.

of licence.

Prepared by.

(Postal ddress).

Checked by.

being the registered owner of vehicle No.

hereby apply for a Public Service Vehicle licence for the st period expiring 31 December for the above vehicle to be used as*:- Date Stamp Motor Omnibus Taxicab Private Hire Vehicle *Delete items not applicable.

amoUnt to Pay The vehicle is normally kept by me at.

Sh.

Road.

Town/District.

lIcence fees District of operation.

For each passenger which Passenger seating capacity.

the vehicle is licenced to carry, Sh.

10 per annum.

Certicate of tness No.

Road Service licence No.

(in case of omnibus).

Taxicab licence No.

Issued by.

on [date].

(B) DeclaratIon _I declare that the foregoing particulars are true and complete.

Usual signature.

Date.

_ (c) PolIce certIfIcate _I certify that the applicant is at and proper person to hold the licence applied for.

[To be signed by a police ofcer of or above the rank of Assistant Superintendent] _ ImPortant Manner of Application.- Complete this form where indicated and present it to a police ofcer (Assistant Superintendent or higher rank) of the district where the vehicle is normally kept.

After the ofcer has completed the certicate (C), the form should be presented by the applicant to a licensing ofcer, together with the fee payable and certicate of insurance.

Rev.

2012] Trafc CAP.

403 157 [Subsidiary] PUBlIc serVIce VehIcle lIcence form XV orIgInal REPUBLIC OF KENYA THE TRAFFIC ACT (Section 97 (1)) Cheque No.

Cash.

STATION.

ISSUING OFFICER.

Note.- This licence is not transferable except with the written consent of the licensing authority (reVerse) sUrrenDer of lIcence This licence may be surrender at any time during its currency to a licensing ofcer at the station of issue under refund obtained in respect of each complete month of the period of the currency of the licence which is unexpired at the date of surrender.

In order that a refund may date from the beginning of any month, either- (a) the licence must be handed in at the licensing ofce on or before the last day of the preceeding month; or (b) if the licence is sent by post, it must be posted before midnight on the last day of the month.

HANDING IN ON THE FIRST WILL NOT DO.

158 CAP.403 Trafc [Rev.

2012 [Subsidiary] form XVA PUBlIc serVIce VehIcle lIcence (matatU) orIgInal REPUBLIC OF KENYA THE TRAFFIC ACT (Section 97 (1)) Cheque No.

Cash.

statIon.

IssUIng offIcer.

Note.- This licence is not transferable except with the written consent of the licensing authority.

(REVERSE) SURRENDER OF LICENCE This licence may be surrender at any time during its currency to a licensing ofcer at the station of issue under refund obtained in respect of each complete month of the period of the currency of the licence which is unexpired at the date of surrender.

HANDING IN ON THE FIRST WILL NOT DO.

Rev.

2012] Trafc CAP.

403 159 [Subsidiary] aPPlIcatIon for lIcence to DrIVe PUBlIc serVIce VehIcle form XVI (Section 98 (3)) (a) aPPlIcatIon I (surname).

For Ofcial Use (other names).

Serial number of licence and Nationality.

badge.

Identity Certicate No.

Prepared by.

Postal address.

Checked by.

Date Stamp Residing.

Road .Town/District, being the holder of valid driving licence No.

hereby apply for a Public Service drivers licence I am.

years of age.

Signature of applicant.

Date.

_ (B) PolIce certIfIcate _I certify that the applicant is at and proper person to hold a Public Service Vehicle drivers licence.

[To be signed by a police ofcer of or above the rank of Assistant Superintendent] _ ImPortant Manner of Application.

- Complete this form where indicated and present it to a police ofcer (Assistant Superintendent or higher rank) of the district where you reside.

After the ofcer has completed the certicate (B), the form should be presented to a licencing ofcer together with a fee of Sh.

10.

160 CAP.403 Trafc [Rev.

2012 [Subsidiary] form XVII aPPlIcatIon for lIcence to act as conDUctor of PUBlIc serVIce VehIcle (Section 98 (3)) (a) aPPlIcatIon I (surname).

For Ofcial Use (other names).

Serial number of licence and badge Nationality.

Prepared by.

Identity Certicate No.

Checked by.

Postal address.

Date Stamp.

Residing .Road .Town/District, hereby apply for a licence to act as the conductor of a public service vehicle.

I am.

years of age.

Date.

Signature of applicant.

_ (B) PolIce certIfIcate _I certify that the applicant is at and proper person to hold a Public Service Vehicle Conductors licence.

[To be signed by a police ofcer of or above the rank of Assistant Superintendent] _ ImPortant Manner of Application.- Complete this form where indicated and present it to a police ofcer (Assitant Superintendent or higher rank) of the district where you reside.

After the ofcer has completed the certicate (B), the form should be presented to a licencing ofcer together with a fee of Sh.

10.

Rev.

2012] Trafc CAP.

403 161 [Subsidiary] form XVIII RECORD OF HIRE PERIODS OF TAXICABS AND PRIVATE HIRE VEHICLES (Section 102(3)) Vehicle Drivers Hirers oUt In Route and Reg No name name destination Date Time Date Time 162 CAP.403 Trafc [Rev.

2012 [Subsidiary] notIce to attenD coUrt form XIX (Section 116 (1)) ORIGINAL - To alleged offender.

DUPLICATE - To Court.

TRIPLICATE - To be Retained.

No.

To.

of.

You are hereby required to attend.

Court at [place].

at.

a.m./p.m.

on.

the.

day of ., 19 ., to Answer a Charge of:.

contrary to.

such offence having been commited at .a.m./p.m.

on [date] .at.

Signed.

Police Station.

Ofce stamp and date (Please Turn to Reverse) _ NOTE.

- If you so desire, you may appear by advocate or enter a written plea of guilty.

If you desire to enter a written plea of guilty, you must do so on this Notice, and return it to the ofcer in charge of the police station named on the reverse side of this form without delay, by registered post or personally.

wrItten Plea of gUIlty ., being the person named overleaf, hereby enter a plea of guilty to the charge specied overleaf.

Signed.

_ Rev.

2012] Trafc CAP.

403 163 [Subsidiary] form XX maXImUm sPeeD mark (Section 42 (2)) NOTES: 1.

The diameter of the circle shall not be less than 200 millimetres; each gure of the number shall be 90 millimetres in height and 65 millimetres in total width, and the width of every part of each gure shall be 15 millimetres.

The gures shall be either black on a white background or white on a black background.

The number to be exhibited shall conform to the maximum speed limit of the vehicle concerned, as specied in the trafc (Speed Limits) Rules.

_ 164 CAP.403 Trafc [Rev.

2012 [Subsidiary] aPPlIcatIon for VehIcle InsPectIon form XXI (Section 17 (3)) No.

[Full name in block capitals] of.

(Postal address) hereby apply for inspection of vehicle No.

[Identication mark] Signature of applicant.

Fee paid Shs.

40.

Signature of Licensing Ofcer.

Station.

Date.

_ Inspection arranged as follows:- Date.

Time.

Place.

_ Important 1.

The Registration certicate appertaining to the above vehicle should be produced at the time of inspection, together with this form.

The vehicle should be brought for inspection unladen and in a clean condition, and must be accompanied by all parts which are necessary to or ordinarily used with the vehicle when used on the road (i.e.

spare wheel and tyre, too and other equipment belonging thereto).

Failure to appear at the time and place stated may result in forfeiture of fee.

Rev.

2012] Trafc CAP.

403 165 [Subsidiary] VehIcle InsPectIon rePort form XXII (Section 17 (3)) (Required prior to licensing) V.I.R.

No.

Application No.

Identication mark Owners Name.

and Address.

Make and Model For P.S.V.s only of Vehicle.

Passenger Carrying Capacity:-.

Type.

(i) Upper deck seated.

Gross Vehicle Weight .kg.

(ii) Lower deck seated.

Tare Weight.

.kg.

(iii) Lower deck standing.

Total passengers.

Equivalent passenger weight.

kg.

Personal baggage or other load permitted.

kg.

_ Load Capacity .kg.

.kg.

======= ====== Size of tyres:- Front.

Rear.

I have inspected the above vehicle, and nd that - *(a) it complies with the provisions of the Trafc Act and of the Rules made thereunder; *(b) It does not comply with the provisions of the Trafc Act and of the Rules made thereunder because of the following minor remediable defects 166 CAP.403 Trafc [Rev.

2012 [Subsidiary] form XXII - (Contd.) (i).

(ii).

(If this vehicle is produced before me with all the above defects remedied on or before ., and if no more defects have arisen, I will endorse this report to state that the vehicle complies with the provisions of the Trafc Act and of the Rules made thereunder); or *(c) it does not comply with the provisions of the Trafc Act and of the Rules made thereunder because of the following defects, which in my opinion render the vehicle unsafe to use on a road (i).

(ii).

Vehicle Inspector Date of Inspection .Place.

Received the above report.

Owner or representative NOTE.

- This document MUST be produced to a Licensing Ofcer at the time of application for a vehicle licence.

ENDORSEMENT in the case of a report under Part B only.

I have again inspected the above vehicle and nd that it now complies with the provisions of the Trafc Act and of the Rules made thereunder.

Vehicle Inspector Date of re-inspection.

* Delete whichever is not applicable.

Rev.

2012] Trafc CAP.

403 167 [Subsidiary] VehIcle InsPectIon certIfIcate form XXIIA (Section 17 (A)) CERTIFICATE OF FITNESS form XXIII (Section 92 (2) (g)) C of F No.

Identication Mark (For omnibuses not previously licensed or, if previously licensed, the construction of which has been altered or modied.) Owners Name.

and Address.

Make and Model of Vehicle.

Passenger Carrying Capacity:- (i) Upper deck seated.

Gross Vehicle Weight.

.kg.

(ii) Lower deck seated.

(iii) Lower deck standing.

168 CAP.403 Trafc [Rev.

2012 [Subsidiary] form XXIII - (Contd.) Tare Weight.

kg.

Total passengers.

Equivalent passenger weight.

kg.

Personal baggage or other load permitted.

kg.

======= ====== Size of tyres:- Front.

Rear.

I hereby certify that I have examined the above vehicle, and nd that it complies with the provisions of the Trafc Act of the Rules made thereunder, and is t to be licensed as a public service vehicle for use as an omnibus.

Certifying Ofcer Place.

Date received.

Owner or representative Rev.

2012] Trafc CAP.

403 169 [Subsidiary] (Note.

- Forms XXIV to XXVII were originally included in the Eleventh Schedule.) form XXIV aPPlIcatIon for aUthorIzatIon PermIt for a foreIgn VehIcle (Rules 7A (1) and 94) Important - This form must be completed in BLOCK CAPITALS and sent to a licensing ofcer together with:- (a) Fee payable.

(b) Foreign vehicle registration certicate.

The form must be used for one vehicle only.

_ Full Name of owner.

Occupation.

Nationality.

Postal address in Kenya.

Telephone No.

in Kenya (if any).

Locality where vehicle is to be kept.

I/We hereby apply for a licence for the following 1.

Registration Number 2.

Is it private or commercial.

Make and type of body.

Colour.

Year of manufacture.

Chassis/Frame No.

Engine No.

Cubic capacity.

Tare weight.

10.

Registration certicate No.

I/We declare that the foregoing particulars are true and complete to the best of my/our knowledge.

Date ., 19.

Signature of applicant(s) For ofcial use only Fee payable 170 CAP.403 Trafc [Rev.

2012 [Subsidiary] form XXV aUthorIzatIon PermIt for a foreIgn PrIVate VehIcle anD a VehIcle carryIng InternatIonal certIfIcate (Rule 7A (3)) free Reg.

No.

Name of owner.

Address in Kenya.

Locality.

Colour.

Authorized to be in Kenya from ., 19.

to ., 19.

Issuing Ofce Fee: Sh.

Date ., 19.

Station _ form XXVI aUthorIzatIon PermIt for a foreIgn commercIal or PUBlIc serVIce VehIcle (Rule 7A (5)) Reg.

No.

Name of owner.

Address in Kenya.

Locality.

Tareweight.

Make and body.

Authorized to be in Kenya from ., 19.

to ., 19.

Issuing Ofcer Fee: Sh.

Station Date ., 19.

Rev.

2012] Trafc CAP.

403 171 form XXVII [Subsidiary] lIcence for foreIgn PrIVate VehIcle (Rule 7A (3) Licence No.

Fee: Sh.

100 Expiring.

Make.

Colour.

Date.

Collector.

Station.

_ form XXVIII VEHICLE LICENCE CERTIFICATE Black Red White background 172 CAP.403 Trafc [Rev.

2012 [Subsidiary] form XXVIII (r.6A) L.N.

47/2011.

REPUBLIC OF KENYA DEREGISTRATION CERTIFICATE TheTrafcActCap403 This is to certify that the motor vehicle whose particulars are given below has been ofcially De-registered.

Kenya Registration Mark.

Year of Manufacture.

Date of First Registration in Kenya.

Previous Registration Mark (if any).

Body Type.

Type of Motor Vehicle.

Make.

Commercial/Private.

Seating capacity 10.Rating (c.c).

11.

Tare weight.

12.

Engine No.

13.

Chassis No.

14.

Country of origin 15.

Colour of vehicle 16.

Fuel 17.

Date First Registered in Present Owners name.

18.

Registered owner 19.

Box No.

/Postal code.

20.

Email Address 21.

Telephone No.

Remarks: The motor vehicle is being exported to Both the Number plates and Registration certicate number have been surrendered to Kenya Revenue Authority.

De-registration fees of Kills has been paid vide receipt number ISSUED BY: NAME SIGN DATE---- This certicate expires at the end of 3 Months from the date of issue.

FOR: REGISTRAR OF MOTOR VEHICLES ROAD TRANSPORT DEPARTMENT Rev.

2012] Trafc CAP.

403 173 THIRD SCHEDULE (r .5.

(4)) [Subsidiary] PUBlIc serVIce VehIcle DrIVers/conDUctors BaDge Name.

ID No.

PHOTO Licence No.

(for driver).

OF Designation.

HOLDER Employer.

Date of Issue.

Signature of Holder.

Authorizing Ofcer Serial Number 174 CAP.403 Trafc [Rev.

2012 [Subsidiary] FOURTH SCHEDULE (Deleted by L.N.

65/2005).

FIFTH SCHEDULE (r .12 (1) (b)) DIagram of DIstIngUIshIng mark to Be DIsPlayeD on a motor VehIcle whIlst BeIng DrIVen By the holDer of a ProVIsIonal lIcence.

Red letter on white ground The corners of the white ground may be rounded off.

Rev.

2012] Trafc CAP.

403 175 [Subsidiary] SIXTH SCHEDULE (r.17) classes of VehIcles coVereD By DrIVIng test class or tyPe aDDItIonal classes or tyPes coVereD 1.

Heavy commercial vehicles.

Motor omnibuses.

Commercial vehicles exceeding 1,800 kg.

tare-weight.

Motor-cars and commercial vehicles not exceeding 1,800 kg.

tare weight.

Motor omnibuses.

Commercial vehicles exceeding 1,800 kg.

tare weight.

Motor-cars, and commercial vehicles not exceeding 1,800 kg.

tare weight.

Commercial vehicles exceeding 1,800 4.

Motor-cars, and commercial kg.

tare weight.

vehicles not exceeding 1,800 kg.

tare weight.

Motor-cars, and commercial vehicles not Nil.

exceeding 1,800 kg tare weight.

Motor cycles exceeding 50 c.c.

Motor cycles not exceeding 50 c.c.

capacity.

Motor cycles not exceeding 50 c.c.

capacity.

Nil.

Tractors.

Nil.

Invalid carriages.

Nil.

Special types.

Nil.

176 CAP.403 Trafc [Rev.

2012 [Subsidiary] SEVENTH SCHEDULE (r.

39 (2)) DIstIngUIshIng mark for traIler or toweD VehIcle White letter on black ground The corners of the black ground may be rounded off.

EIGHTH SCHEDULE (Deleted by L.N.

310/1974).

Rev.

2012] Trafc CAP.

403 177 [Subsidiary] NINTH SCHEDULE (r.

95) INTERNATIONAL ROAD TRAFFIC CONVENTION (19th September, 1949) anneX 4.

- DIstIngUIshIng sIgns of VehIcles In InternatIonal traffIc 1.

The distinguishing sign shall be composed of one to three letters in capital Latin characters.

The letters shall have a minimum height of 80 mm.

(3.1 in.) and their strokes a width of 10 mm.

(0.4 in.).

The letters shall be painted in black on a white ground of elliptical form with the major axis horizontal.

If the distinguishing sign is composed of three letters, the dimensions of the ellipse shall be at least 240 mm.

(9.4 in.) in width and 145 mm.

(5.7 in) in height.

The dimensions may be reduced to 175 mm.

(6.9 in.) in width and 115 mm.

(4.5 in.) in height if the sign carries less than three letters.

As regards the distinguishing signs for motor cycles, the dimension of the ellipse, whether the sign is composed of one, two or three letters, may be reduced to 175mm.

(6.9 in.) in width and 115 mm.

(4.5 in.) in height.

The distinctive letters for the different States and territories are as follows:- (These are not set out here and for information on the letters assigned to individual countries (e.g.

Kenya-EAK) reference should be made to the Convention.) Any State which has not already done so shall on signature or ratication of, or accession to, this Convention, notify the Secretary-General of the distinctive letters elected by that State.

When the distinguishing sign is carried on a special plate this plate shall be xed in a vertical or nearly vertical position and in a plane perpendicular to the longitudinal axis of the vehicle itself, this shall be done on a vertical or nearly vertical surface at the back of the vehicle.

178 CAP.403 Trafc [Rev.

2012 [Subsidiary] TENTH SCHEDULE Part I sPecIfIcatIons for reflectIVe materIals (Rule 2) (1) Reective material shall be retro-reective sheeting consisting of spherical lens elements embedded within a transparent plastic material having a smooth at outer surface and a precoated adhesive backing.

(2) The minimum reective brightness values of the retro-reective sheeting shall, as compared to magnesium oxide (MgO), be:- Color Angle of Reective Angle of Incidence Value Divergence Compared to MgO Red .20 degrees 10 0.5 degrees Red.

50 degrees 30.5 degrees White.20 degrees 50 0.5 degrees White.50 degrees 20 0.5 degrees Yellow .20 degrees 35 0.5 degrees Yellow .50 degrees 10 0.5 degrees (3) In addition to the minimum reective brightness value, the retro- reective sheeting shall comply with the following minimum standards- (a) it shall have such wide-angle characteristics that it is brilliantly visible when placed at an angle of forty-ve degrees to a light source; (b) when the surface of the sheeting is entirely wet with water it shall retain not less than ninety per centum of the basic minimum reective brightness applicable; (c) it shall be solvent resistant so as to be capable of withstanding normal cleaning with petrol, diesel fuel, mineral spirits, turpentine and methanol.

(4) A warning sign or reective plate, notwithstanding that the reective material of which it is composed complies with the above specications, shall be deemed not to be a warning sign or reective plate for any of the provisions of these Rules if, in a clean condition it is not clearly visible to the naked eye from a distance of 225 metres, in the case of a bicycle or power-assisted bicycle, or 450 metres in any other case, at night in dry, clear weather when illuminated at the said distance by the undipped headlights of a motor vehicle, comply with rule 23 (1) of these Rules.

Rev.

2012] Trafc CAP.

403 179 [Subsidiary] tenth scheDUle - (Contd.) Part II warnIng sIgnal for BIcycles anD Power-assIsteD BIcycles (Rule 25 (1) (a)) (1) The warning sign to be carried on a bicycle or power-asssisted bicycle shall consist of a strip of reective material, at least 15 centimetres long by 4 centimetres wide, having alternate diagonal stripes of red and white at approximately forty-ve degrees to the edge of the strip.

(2) The reective strip may be tted in two portions, one above and one below a reector carried on the mud-guard of the bicycle, so, however, that the total length of such portions is not less than 15 centimetres.

(3) The perpendicular width of each full white strip shall be 20 millimetres and of each full red strip 25 millimetres, with an allowable variation in each case of + 1 millimetre.

Part III warnIng sIgns for motor VehIcles (Rule 25 (1) (c) and (d)) (1) The warning signs to be carried at the rear of a heavy vehicle or a medium vehicle shall consist of reective material having alternate diagonal stripes of red and white at approximately forty-ve degrees to the edges of such material.

(2) The perpendicular width of each full white strip shall be 75 millimetres and of each full red strip 100 millimetres, with an allowable variation in each case of + 2 millimetres.

(3) Rear warning signs shall be - (a) in the case of a heavy vehicle, 60 centimetres long by 30 centimetres high; (b) in the case of a medium vehicle, 30 centimetres long by 30 180 CAP.403 Trafc [Rev.

2012 [Subsidiary] centimetres high, with an allowable variation in each case of + 1 centimetre.

(4) Each pair of rear warning signs shall be so afxed that the diagonals represented by the stripes are mutually opposed, as indicated in the diagram below.

Part IV PortaBle warnIng trIangle (Rule 25 (8) notes 1.

Not to scale.

Triangle is equilateral.

All dimensions give the minimum requirements.

a = 440 mm b = 45 mm c = 24 mm d = 32 mm e = 125-150 mm f = 10 mm g = 10 mm 4.

The Trafc (Amendment) (No.

2) Rules, 1988 are revoked.

Rev.

2012] Trafc CAP.

403 181 [Subsidiary] ELEVENTH SCHEDULE aUthorIseD mark (Rule 7(2)(c)) In green KENYA GOVERMENT TRAFFIC ACT Black White OOOOOOOOO Numbers In background OOOOOOOOO black TWELFTH SCHEDULE (r.

41) Part 1-weIghts anD DImensIons of VehIcles 1.

In this Schedule- tandem axle group means two axles suspended and interconnected in such manner that any load imposed upon them will automatically be distributed to the two axles either equally or in proportions predetermined by the design of the suspension system, regardless of the road prole or road condition; triple axle group means three axles suspended and interconnected in such a manner that any load imposed upon them will automatically be distributed to the three axles either equally or in proportions predetermined by the design of the suspension system regardless of the road proles or road condition.

(1) The maximum weight which may be transmitted to the road in the case of a vehicle tted with pneumatic tyres, whether laden or unladen, shall not exceed- (a) by way of any single axle tted 10,000kg.

with four or more wheels.

(b) by way of any single steering axle, 8,000 whether controlled by a drawbar or kilograms driver operated steering mechanism.

182 CAP.403 Trafc [Rev.

2012 [Subsidiary] (c) by way of any a tandem axle group having four wheels on each axle 16,000kg (d) by way of a triple axle group 24,000kg.

having four wheels on each axle.

Provided that in the case of any axle or axle group (excluding a single steering axle) where one or more of the axles is tted with only two wheels, the appropriate maximum allowable load gure given in this subparagraph shall be reduced by twenty-ve per cent.

(2) Notwithstanding subparagraph (1), the maximum total weight of any vehicle or combination of vehicles tted with pneumatic tyres, whether laden or unladen, shall not exceed the following (a) vehicle with two axles.

18,000kg.

(b) vehicle with three axles 24,000kg.

28,000kg.

(d) vehicle with four axles 28,000kg.

(e) vehicle and drawbar trailer with total of four axles 34,000kg.

(f) vehicle and semi-trailer with total of four axles 36,000kg.

(g) vehicle and semi-trailer with total of ve axles 42,000kg.

(h) vehicle and drawbar trailer with total of ve axles 42,000kg.

(i) vehicle and semi-trailer with total of six axles 48,000kg.

(j) vehicle and drawbar trailer with total of six axles.

48,000kg.

(3) The maximum total weight of a vehicle tted with solid tyres, lawfully on a road under these Rules, shall be seventy-ve per cent of the maximum weight specied for a similar type of vehicle with pneumatic tyres under subparagraph (1) or (2).

Rev.

2012] Trafc CAP.

403 183 [Subsidiary] (4) Not more than seventy-ve per cent of the laden weight of any motor vehicle (other than a motor cycle) shall toe transmitted to the road by any two wheels of the vehicle.

(5) For the purposes of this paragraph, each person apparently over the age of sixteen years, and every two persons of or under that age, shall be deemed to weigh 65 kg.

when carried on a vehicle.

(6) Where the application of the provisions of subparagraph (2) result in two or more different weights being applicable to a particular vehicle, the lower or the lowest weight shall be the maximum weight of that vehicle for the purpose of section 55 (2) of the Act (7) No vehicle with a rigid chassis shall have more than three axles except for a vehicle with two steering axles and two rear axles.

(8) The maximum number of axles which may be tted on any combination of a motor vehicle and a semi-trailer or motor vehicle and drawbar trailer shall be six.

(9) The maximum number of axles in any axle group tted on any trailer shall not exceed (a) on a drawbar trailer, 2 axles: and (b) on a semi-trailer, 3 axles.

The maximum vehicle dimensions referred to in section 55 (2) of the Act shall be as follows (a) the maximum overall width of a motor vehicle together with any load projecting beyond the overall width of the vehicle, shall not exceed 2.65 metres; (b) the maximum overall height of a motor vehicle or combination of vehicles, either laden or unladen, shall not exceed 4.2 metres measured from the road surface; (c) notwithstanding subparagraph (b), a vehicle body shall not be constructed, nor shall the vehicle be loaded, to a height that will impair its stability; and maximum body heights shall be determined by the inspector of motor vehicles in accordance with vehicle testing standards; (d) no part of a vehicle, whether laden or unladen, other than the driving mirror or direction indicators, shall project more than 15 cm.

beyond the outside wall of the outermost rear tyre; 184 CAP.403 Trafc [Rev.

2012 [Subsidiary] (e) the maximum overall length of any motor vehicle or combination of vehicles, together with any load projecting beyond the overall length of the vehicle, shall not exceed (i) for a rigid chassis goods or passenger vehicle, or drawbar trailer (in that case including the length of the drawbar in a horizontal position), irrespective of the number of axles, 11 metres; (ii) for an articulated vehicle including the semi-trailer, 17.4 metres; (iii) for a combination of vehicles consisting of either a motor ve- hicle and a drawbar trailer, or a vehicle and a semi-trailer with a drawbar trailer coupled to the latter, 22 metres.

The overhang of a vehicle shall not exceed 60 per cent of the wheel base of the vehicle.

No load shall be carried on a vehicle (a) which projects beyond the maximum overall length of the vehicle by more than 1.8 metres; (b) which projects to the rear beyond the maximum overall length of the vehicle by more than 60 cm., but a load may project not more than 1.8 metres where the rear extremity of the load is plainly indicated by a conspicuous red marker during the day and by a red light at night.

No motor vehicle shall tow more than one trailer or other towed vehicle on a road; but a semi-trailer directly superimposed on the drawing vehicle shall not be counted as a trailer for the purposes of this paragraph.

Where a trailer or vehicle is towed on a road by a motor vehicle the towing vehicle shall not be more than 4.5 metres long.

No trailer shall be used on a paved or all weather road if the weight or dimensions of the trailer exceed those laid down for a motor vehicle having the same number of axles as the trailer in paragraph 1 (1) and (2).

No vehicle or tractor tted with crawler type shall travel on a road which has a bituminous surface.

Rev.

2012] Trafc CAP.

403 185 [Subsidiary] Part II - VehIcle aXle confIgUratIon Diagram 1: Rigid Body Vehicle - 2 Axles [paragraph 2 (2) (a)] Diagram 2: Rigid Body Vehicle - 3 Axles [paragraph 2 (2) (b)] 186 CAP.403 Trafc [Rev.

2012 [Subsidiary] Diagram 3: Vehicle & Semi-Trailer-3 Axles [Paragraph 2 (2)(c)] Diagram4: Rigid Body Vehicle - 4 Axles [Paragraph 2 (2)(d)] Rev.

2012] Trafc CAP.

403 187 [Subsidiary] Diagram 5: Vehicle & Semi-Trailer-4 Axles [Paragraph 2 (2) (e)] Diagram 6: Vehicle & Semi-Trailer-4 Axles [Paragraph 2 (2) (e)] 188 CAP.403 Trafc [Rev.

2012 [Subsidiary] Diagram 7: Vehicle & Drawbar Trailer-4 Axles [Paragraph 2 (2) (f)] Diagram 8: Vehicle Semi -Trailer-5 Axles [Paragraph 2 (2) (g)] Rev.

2012] Trafc CAP.

403 189 [Subsidiary] Diagram 9: Vehicle Semi -Trailer-5 Axles [Paragraph 2 (2) (g)] Diagram 10: Vehicle & Drawbar Trailer-5 Axles [Paragraph 2 (2) (h)] 190 CAP.403 Trafc [Rev.

2012 [Subsidiary] Diagram 11: Vehicle & Semi -Trailer-6 Axles [Paragraph 2 (2)(i)] Diagram 12: Vehicle & Drawbar Trailer-6 Axles [Paragraph 2 (2) (j)] Rev.

2012] Trafc CAP.

403 191 [Subsidiary] THIRTEENTH SCHEDULE maXImUm VolUme of BUlk lIqUID tank 192 CAP.403 Trafc [Rev.

2012 [Subsidiary] thIrteenth scheDUle - (Contd.) Rev.

2012] Trafc CAP.

403 193 thIrteenth scheDUle - (Contd.) [Subsidiary] (ix) 194 CAP.403 Trafc [Rev.

2012 [Subsidiary] thIrteenth scheDUle - (Contd.) 50mm.

19 18 18 18 17 3 ) (ix) 50mm.

16 24 23 23 23 22 19 (M 50mm.

21 28 27 27 27 25 (viii) 24 PRODUCT 50mm.

24 (vii) 35 34 34 34 31 28 30 50mm.

17 16 16 16 15 (vi) 35 VOLUME BY 1 12 ABLE (v) 1 14 12 12 12 50mm.

17 ALLOW 13 14 14 14 14 (iv) 10 50mm.

12 18 16 12 14 17 17 17 (iii) 50mm.

1111 MAXIMUM 1111 10 (ii) 18 15 119 50mm.

(i).

Alcohol oduct viation ================================================================================== _Pr_Regular Petrol_Super Petrol_Kerosene_A_Poper _Diesel.

_Industrial Diesel_150mm Rev.

2012] Trafc CAP.

403 195 [Subsidiary] THETRAFFIC(VEHICLELICENCES)(DURATION,FEESAND REFUND)RULES (Revoked by LN.

57/2006.) L.N.

232/1971, THETRAFFIC(DRIVINGSCHOOLS)RULES L.N.

167/1990, Part 1 - PrelImInary L.N.

55/2006.

Citation and 1.

These Rules may be cited as the Trafc (Driving Schools) Rules.

commencement.

In these Rules, unless the context otherwise requires Interpretation.

appropriate fee in respect of any matter, means the fee specied in regard to that matter in the First Schedule; certicate of competency means a certicate, to the effect that the person named therein has successfully undertaken a test of competency, signed by the person conducting the test; class in respect of a motor vehicle means a class of motor vehicle specied in section 4 of the Act; Commissioner means the Commissioner of Police, or any police ofcer authorized by the Commissioner to exercise any of the powers or perform any of the duties conferred or imposed upon the Commissioner by any of the provisions of these Rules; driving instructor means the holder of an instructors licence; driving school means an establishment set up or maintained under the authority, and for the purposes, of a valid school licence; Form means the appropriate form in the Second Schedule; inspector means the Chief Inspector of Driving Schools and an Inspector of Driving Schools appointed under rule 27; instructors licence means a licence issued under Part II of these Rules authorizing the holder thereof, for gain or reward, to engage, or hold himself out as being willing to engage, in the teaching of the theory and practice of the driving of motor vehicles; medical certicate means a certicate in Form 1 signed by a medical practitioner; the Minister means the Minister for the time being responsible for matters relating to the Kenya Police Force; proprietor means the holder of a school licence; 196 CAP.403 Trafc [Rev.

2012 [Subsidiary] pupil means any person who is being given instruction in the theory or practice of the driving of a motor vehicle by a driving instructor or driving school; Registrar means the Registrar of Motor Vehicles appointed under section 3 of the Act; scheduled offence means any of the offences specied in the Third Schedule; school licence means a licence issued under Part III authorizing the holder thereof to set up or maintain an establishment for the purpose of teaching, for gain or reward, all respects for use in the teaching of the practice of driving; test of competency means a test, conducted by a person authorized in that behalf by the Commissioner, designed to test the competency of the person tested in respect of (a) his standard of driving of motor vehicles; (b) his knowledge of the theory of such driving; (c) his knowledge of road trafc law, road signs and the highway code; (d) his ability to instruct others in such driving and knowledge; vehicle inspection report means a report made by a person authorized in that behalf by the Commissioner stating that, as a result of an examination made by such person, he is satised that the vehicle specied in the report is suitable in all respects for use in the teaching of the practice of driving a motor vehicle of the class concerned.

Part II - DrIVIng InstrUctors Control of driving 3.

(1) No person shall, for gain or reward, engage in, or hold himself instructors.

out as being willing to engage in, the teaching of the theory or practice of the driving of motor vehicles unless he is the holder of a valid instructors licence: Provided that nothing in this paragraph shall apply to any person solely by reason of any article contributed by him to a newspaper or other periodical publication or of any advertisement made by or on behalf of the proprietor of the driving school.

(2) Any person who contravenes the provisions of paragraph (1) shall be guilty of an offence and liable (a) in the case of a rst conviction for such offence, to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both; (b) in the case of a second or subsequent conviction for such offence, to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

(3) A person convicted of an offence under this rule shall not be eligible to hold any licence under these Rules for a period of ve years after the date of such conviction.

Rev.

2012] Trafc CAP.

403 197 [Subsidiary] Application for 4.

(1) Any person wishing to obtain an instructors licence shall make instructors licence.

application in that behalf to the Commissioner in Form 2 and such application shall be submitted in duplicate accompanied by a medical certicate and a certicate of competency, both dated not earlier than three months prior to the date of the application.

(2) The Commissioner may require an applicant for an instructors licence to furnish, within such reasonable time as the Commissioner may specify, such information in addition to, or in amplication of, the matters stated in the application as the Commissioner may think necessary for the proper consideration of the application, and where an applicant fails to furnish such information, within such time, the Commissioner may refuse to approve the application.

Issue of instructors 5.

(1) After consideration of an application for an instructors licence, licence.

the Commissioner may (a) refuse to approve the application; or (b) approve the application either with or without special conditions to which he may consider that the licence should be subject, and the Commissioner shall endorse the application accordingly and return one copy thereof to the applicant.

(2) Upon presentation to the Registrar of a copy of an application for an instructors licence duly endorsed with the approval of the Commissioner and accompanied by (a) two unmounted copies of a recent photograph of the head and shoulders of the applicant taken full face without hat, measuring approximately 45 millimetres long by 35 millimetres wide and mounted on normal photographic paper; and (b) the appropriate fee, the Registrar shall issue to the applicant an instructors licence in Form 3, and the Registrar shall ensure that any special conditions attached to the approval of the Commissioner are duly endorsed upon the licence.

Notwithstanding any other provision of these Rules, the Commissioner Restriction on shall not approve an application for an instructors licence in any case where approval of the applicant application for (a) has not attained the age of twenty-ve years; or instructors licence.

(b) has not held a driving licence entitling him to drive vehicles of the class or classes on which he wishes to give instruction for a minimum of ve years; or (c) is ineligible, by reason of any other provision of these Rules, to hold a licence; or (d) has, within the period of ve years immediately preceding the date of the application, been convicted of a scheduled offence.

198 CAP.403 Trafc [Rev.

2012 [Subsidiary] Revocation or 7.

(1) The Commissioner shall revoke an instructors licence if, at any time during the validity thereof, the holder of the licence is convicted of any variation of scheduled offence or for any reason ceases to hold a driving licence.

instructors licence.

(2) The Commissioner may revoke an instructors licence, or may vary any of the terms and conditions thereof, if, at any time during the validity of the licence, the licence holder is convicted of any offence under the Act or any Rules made thereunder, other than a scheduled offence, or if the Commissioner is satised that (a) the licence holder is for any reason incapable of giving proper instruction in the theory or practice of the driving of motor vehicles, or of any particular class of motor vehicle; or (b) the standing or nature of the instruction given by the licence holder is unsatisfactory; or (c) any of the terms and conditions of the licence have not been complied with.

(3) Before exercising any of the powers conferred by paragraph (2), the Commissioner shall give reasonable and full opportunity to the licence holder to make representations concerning the proposed exercise and shall then hear and consider any such representations.

(4) Where an instructors licence is revoked or varied under this rule, the Commissioner shall notify the licence holder and the Registrar accordingly and shall require the licence holder to surrender, within fourteen days after the date of the notication, to surrender the licence to the Registrar for cancellation or variation, as the case may be, and if the licence holder fails so to surrender the licence he shall be guilty of an offence and liable to a ne not exceeding two thousand shillings.

Validity and renewal 8.

(1) Subject to these Rules, an instructors licence shall be valid for a period of two years from the date of issue or renewal thereof, as the case may be.

of instructors licence.

(2) An instructors licence shall be renewed by the Registrar upon application duly made in Form 4, accompanied by a medical certicate and a certicate of competency both dated not earlier than three months prior to the date of the application, and upon payment of the appropriate fee.

(1) A driving instructor shall carry with him his instructors licence Miscellaneous at all times when he is engaged in giving instruction to a pupil, and shall, upon provisions relating to request made to him whilst so engaged by an inspector or a police ofcer, driving instructors.

produce his licence for examination.

(2) Where an inspector has reason to doubt the competency of a driving instructor as such, he may require the instructor to take a test of competency, and in any such case the instructor shall not give any instruction to a pupil from the time of receipt of such request until he has received a certicate of competency as a result of such test.

(3) No driving instructor shall give any instruction to a pupil on or concerning any class of vehicle which is not a class in respect of which the instructor is authorized to give instruction by his instructors licence.

Rev.

2012] Trafc CAP.

403 199 [Subsidiary] (4) Any driving instructor who contravenes or fails to comply with any of the provisions of this rule or with any request made thereunder shall be guilty of an offence and liable to a ne not exceeding ve hundred shillings.

Part III DrIVIng schools 10.

(1) No person shall set up or maintain any establishment, or use Control of driving any premises, for teaching, for gain or reward, the theory and practice of the schools.

driving of motor vehicles by the use of vehicles which belong to, or are hired by or on behalf of, such person or establishment, unless he is the holder of a school licence.

(2) Any person who contravenes paragraph (1) shall be guilty of an offence and liable (a) in the case of a rst conviction for such offence, to a ne not exceeding two thousand shillings, or to imprisonment for a term not exceeding six months or to both; (b) in the case of a second or subsequent conviction for such offence, to a ne not exceeding ve thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both.

(3) A person convicted of an offence under this rule shall not be eligible to hold any licence under these Rules for a period of ve years after the date of such conviction.

11.

(1) Any person wishing to obtain a school licence shall make Application for application in that behalf to the Commissioner in Form 5, and such application school licence.

shall be submitted in duplicate accompanied by (a) a vehicle inspection report, dated not earlier than one month prior to the date of the application, of every motor vehicle which it is proposed shall be used for the instruction of pupils in the practice of driving; and (b) a comprehensive insurance policy covering each of such vehicles as driving school vehicles.

(2) The Commissioner may require an applicant for a school licence to furnish, within such reasonable time as the Commissioner may specify such information in addition to, or in amplication of, the matters stated in the application as the Commissioner may think necessary for the proper consideration of the application, and where an applicant fails to furnish any such information, within such time, the Commissioner may refuse to approve the application.

(3) Before considering an application for a school licence, the Commissioner may cause the premises mentioned in the application as the intended location of the proposed school to be examined by an inspector in order to ascertain whether or not such premises are suitable, and adequately equipped, for the purposes of the proposed school.

200 CAP.403 Trafc [Rev.

2012 [Subsidiary] 12.

(1) After consideration of an application for a school licence, the Issue of school Commissioner may licence.

(a) refuse to approve the application; or (b) approve the application either with or without special conditions to which he may consider that the licence should be subject, and the Commissioner shall endorse the application accordingly and return one copy thereof to the applicant together with the documents which accompanied the application.

(2) Upon presentation to the Registrar of a copy of an application for a school licence duly endorsed with the approval of the Commissioner, and upon payment of the appropriate fee, the Registrar shall issue to the applicant a school licence in Form 6, and the Registrar shall ensure that any special conditions attached to the approval of the Commissioner are duly endorsed upon the licence.

(3) A school licence shall only authorize the use as a driving school of the premises named therein, and no other premises shall be considered to be so authorized by such licence.

13.

Notwithstanding any other provision of these Rules, the Restriction on Commissioner shall not approve an application for a school licence in any case approval of where the applicant application for school licence.

(a) has not attained the age of twenty-ve years; or (b)is ineligible, by reason of any provision of these Rules, to hold a licence.

14.

(1) The Commissioner may revoke a school licence, or may vary any Revocation or of the terms or conditions thereof, if he is satised that - variation of school licence.

(a) any motor vehicle being used for any of the purposes of the licence is not suitable for that purpose; or (b) the standard or nature or duration of instruction given is insufcient or unsatisfactory; or (c) the proprietor has, within any one period of three years, been twice convicted of offences under these Rules.

(2) Before exercising any of the powers conferred by paragraph (1), the Commissioner shall give reasonable and full opportunity to the proprietor to make representations concerning the proposed exercise and shall then hear and consider any such representations.

15.

(1) Subject to these Rules, a school licence shall be valid for a period Validity and renewal of twelve months from the date of issue or renewal thereof, as the case may be.

of school licence.

(2) A school licence shall be renewed by the Registrar upon application duly made in Form 7 and upon payment of the appropriate fee.

Rev.

2012] Trafc CAP.

403 201 [Subsidiary] 16.

(1) No vehicle shall be used which is not of a class in respect of Driving school which the driving school concerned is authorized by the school licence to give vehicles.

instruction.

(2) No vehicle shall be used unless it is, at the time of use, entered on the school licence: Provided that the Commissioner may give written authority for a vehicle which is not so entered to be used during such period as may be necessary to enable the licence to be suitably amended.

(3) No vehicle shall be used during any period when it is not in good mechanical condition or when it is not completely roadworthy in all respects.

(4) No vehicle shall be used unless the proprietor is in possession (a) of a vehicle inspection report in respect of that vehicle dated not earlier than six months prior to such use; (b) a current comprehensive policy of insurance covering such vehicle as a driving school vehicle; (c) a current policy of insurance covering the driving test examiner.

(5) No vehicle, other than a motor cycle or invalid carriage, shall be used unless it is equipped with (a) a minimum dual control facility of brake and clutch; (b) two reecting mirrors so constructed and tted as to enable both the pupil and the instructor at all times to be or become aware of the presence to the rear of any other vehicle; (c) ashing direction indicators in full operating condition.

(6) No motor car shall be used unless it is equipped with safety belts for both front seats.

(7) No vehicle shall be used unless (a) it exhibits the name and address of the driving school; and (b) in addition to exhibiting the special plates required by rule 12 (1) (b) of the Trafc Rules, it is clearly marked, in such a manner as to be clearly visible by a person to the front and to the rear of the vehicle with words CAUTION DRIVER UNDER INSTRUCTION.

(8) Where any vehicle is used in contravention of any of the provisions of this rule, the proprietor of the driving school concerned shall be guilty of an offence and liable (a) in the case of a rst conviction for such offence, to a ne not exceeding one thousand shillings; (b) in the case of a second or subsequent conviction for such offence, to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.

202 CAP.403 Trafc [Rev.

2012 [Subsidiary] (9) In this rule used means used by a driving school for the purpose of giving instruction to a pupil in the practice of driving a motor vehicle, and for the purposes of this rule a motor vehicle shall be deemed to be being so used at any time when a pupil of the driving school is present in the drivers seat of the vehicle.

17.

A proprietor shall not cause or permit any instruction to be given Only driving to a pupil by any person who is not the holder of a valid instructors licence instructors to give authorizing him to give instruction on the class of vehicle concerned, and any instruction at driving proprietor who contravenes the provisions of this rule shall be guilty of an school.

offence and liable (a) in the case of a rst conviction for such offence, to a ne not exceeding one thousand shillings; (b) in the case of a second or subsequent conviction for such offence, to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.

Part IV - DrIVIng InstrUctIon 18.

(1) At any time when a pupil is being instructed in the practice of Passengers.

driving a motor vehicle (a) not more than one passenger may, if the pupil so desires, be carried in a motor car; (b) no passengers may be carried in a motor vehicle of any other class.

(2) In this rule, passenger means any person other than the driving instructor and the pupil actually under instruction at the wheel of the vehicle, but does not include an inspector travelling in the vehicle in the course of his duties as such.

(3) Where any passenger is carried in a motor vehicle in contravention of this rule, the driving instructor concerned shall be guilty of an offence and liable to a ne not exceeding ve hundred shillings in respect of every passenger so carried.

19.

(1) No single period of instruction given by a driving school to a Periods of instruction pupil in the practice of driving a motor vehicle shall be less than sixty minutes by, and charges of, in duration.

driving school.

(2) Except where a written contract providing for a single payment in respect of a full course of instruction is entered into between a driving school and a pupil prior to the commencement of such course, no driving school shall charge more than thirty-ve shillings for each hour, or pro rata for part of an hour, of instruction.

(3) In the case of any contravention of this rule, the proprietor of the driving school concerned shall be guilty of an offence and liable to a ne not exceeding one thousand shillings.

20.

(1) Every proprietor, and every driving instructor who is not employed Records of by a driving school and who is not himself a proprietor, shall keep a record in instruction.

Rev.

2012] Trafc CAP.

403 203 [Subsidiary] Form 8 of all instruction given to pupils.

(2) Every entry in a record kept under this rule shall be made in ink immediately after the conclusion of each period of instruction given to a pupil to which such entry relates.

(3) No record kept under this rule shall be destroyed by any person except with the written authorization of an inspector.

(4) Any person who contravenes or fails to comply with any of the provisions of this rule shall be guilty of an offence and liable to a ne not exceeding ve hundred shillings.

Part V - general 21.

(1) The holder of any licence under these Rules who wishes to Variation of licence.

obtain any variation of any of the terms or conditions of such licence shall make application in that behalf to the Commissioner in Form 9 which shall be submitted in duplicate.

(2) The Commissioner may require an applicant under this rule to furnish, within such reasonable time as the Commissioner may specify, such information in addition to, or in amplication of, the matters contained in the application as the Commissioner may think necessary for the proper consideration of the application, and where an applicant fails to furnish such information, within such time, the Commissioner may refuse to approve the application.

(3) The Commissioner may either approve or refuse to approve an application under this rule and shall endorse his decision on the application and return one copy thereof to the applicant.

(4) Upon presentation to the Registrar of a copy of an application under this rule duly endorsed with the approval of the Commissioner, and upon payment of the appropriate fee, the Registrar shall amend the licence concerned accordingly.

22.

(1) Where the Commissioner- Reasons for decisions (a) refuses to approve an application under these Rules for any licence to be given.

or any variation of the terms or conditions thereof; or (b) approves such application for a licence subject to conditions not acceptable to the applicant; or (c) revokes any licence under these Rules, or varies the terms and conditions of such licence otherwise than at the request of the licence holder, he shall, if so requested by the applicant or licence holder, as the case may be, state in writing the reasons for his decision.

(2) Reasons shall be given under this rule by the Commissioner within thirty days of the receipt by him of the request to furnish such reasons.

204 CAP.403 Trafc [Rev.

2012 [Subsidiary] 23.

(1) Any applicant or licence holder who is aggrieved by any such Appeals.

decision of the Commissioner in his case as is mentioned in paragraph (1) of rule 22 may, within thirty days after the receipt by him of notication of such decision, appeal against that decision to the Minister: Provided that where the Commissioner has not complied with a request to furnish reasons for his decision within the period of fourteen days mentioned in paragraph (2) of that rule, the appeal concerned may be made within twenty- one days after the receipt of such reasons by the appellant.

(2) Where an appeal is made under this rule- (a) against a refusal to approve an application by reason of any of the provisions of rule 6 or 13; or (b) against a revocation of a licence under any of the provisions of paragraph (1) of rule 7, the Minister shall not allow such appeal on any ground other than that the particular provision invoked by the Commissioner did not in fact apply to the appellant at the time of the decision concerned.

(3) Every notice of appeal under this rule shall be accompanied by the appropriate fee which shall in no case be refundable.

(4) The decision of the Minister in any appeal under this rule shall be nal.

24.

Where approval of any application for a licence, or for any variation Restriction on of the terms or conditions of a licence, has been refused by the Commissioner, or re-application.

where any appeal against any such refusal has been dismissed by the Minister, no similar application by the applicant concerned shall be considered within six months after the date of such refusal or dismissal as the case may be.

25.

Every licence issued under these Rules shall be personal to the Licences personal to person named therein and shall not be transferable to any other person, and holders.

any person who- (a) makes use, or attempts to make use, of any such licence when he is not the person named therein; or (b) being the holder of any such licence, permits any other person to make use, or attempt to make use, of such licence, shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.

26.

(1) Any person who- Penalty for (a) in any certicate, application or record issued or made for any of misstatement, etc.

the purposes of these Rules, makes any statement which, to his knowledge, is false or in any way misleading, or which he does not believe to be true; or (b) makes any material alteration in any licence or record issued or kept under these Rules, Rev.

2012] Trafc CAP.

403 205 [Subsidiary] shall be guilty of an offence and liable to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.

(2) A person convicted of an offence under this rule in respect of an application made by him for a licence shall not be eligible to hold any licence under these Rules for a period of ve years after the date of such conviction.

27.

(1) The Minister may, from among persons in the public service, Inspectors of Driving appoint a Chief Inspector of Driving Schools and so many Inspectors of Schools.

Driving Schools as he may consider necessary for the proper administration of these Rules.

(2) An inspector (a) may enter the premises of any driving school during the normal hours of business of such school, or at any other time when he has reason to believe that instruction to pupils is being given on or from such premises, for the purpose of examining any of the books, records, vehicles or other equipment used by, or pertaining to, the school or in order to ascertain the standard of instruction given by the school; (b) shall have, in respect of any motor vehicle which is entered on a school licence, or which is for the time being used by a driving school for the purposes of the school, all the powers conferred by the Act upon a police ofcer and upon an inspector of vehicles; (c) may accompany any driving instructor who is engaged in giving instruction to a pupil on behalf of a driving school for the purposes of examining and reporting upon the standard of instruction given by such instructor.

(3) Any person who obstructs or attempts to distract, an inspector in the performance of his duties, or who fails to comply with any reasonable request made by an inspector for the production of any book, record or other thing for examination, shall be guilty of an offence and liable to a ne not exceeding one thousand shillings.

Exemptions.

28.

The Minister may give written exemption to any person or establishment from all or any of the provisions of these Rules.

Duplicate licences.

29.

Where the Registrar is satised that any licence issued under these Rules has been lost or destroyed, or has become defaced or mutilated, he may, upon payment of the appropriate fee, issue a duplicate thereof which shall be valid for the remaining period of validity of the licence of which it is a duplicate.

Fees.

30.

The several fees set forth in the First Schedule shall be payable in respect of the matters specied in that Schedule.

206 CAP.403 Trafc [Rev.

2012 [Subsidiary] FIRST SCHEDULE (rr.

2 and 30) L.N.

105/2002, L.N.

55/2006, fees Sub Leg.

Matter Fee Sh.

Issue or renewal of instructors licence .200 Issue or renewal of a school licence.11,000 Variation of any licence.200 Duplicate of any licence.20 Test of competency.50 Examination of a vehicle for the purpose of a vehicle inspection report.40 Appeal.100 SECOND SCHEDULE (r.2) forms meDIcal certIfIcate form 1I hereby certify that I.

of.

(address have today personally examined.

of.

(address) with a view to ascertaining his medical tness to hold a driving instructors licence with the results noted below.

I further certify that I have explained the subjoined Declaration by Applicant to the aforesaid and that his signature has been afxed thereto in my presence.

resUlts of eXamInatIon (a) Apparent age (b) Vision without glasses R.

With glasses (if worn) R.

(c) Colour perception (1) (State whether normal by ishahara pseudoiso- chromatic plate test; (2) if not, test for signal red, signal green and amber by a suitable lantern).

(1) (2).

(d) Hearing.

(e) Limbs (state whether unrestricted use of all limbs or otherwise)-.

Rev.

2012] Trafc CAP.

403 207 [Subsidiary] (f) Are there any medical signs of intemperate habits or drug addition?.

(g) General health (state whether reactions normal, and whether free of any disease, temporary or otherwise, which might produce faintness or undue fatigue).

As a result of my examination I am/am not* satised that the applicant is a medically t person to hold a driving instructors licence.

Date.

Medical Practitioner DeclaratIon By aPPlIcant I declare that I am not subject to epilepsy and do not suffer from ts; and that my physique, vision, hearing and bodily and mental tness are such as to warrant the issue to me of a driving instructors licence.

I further declare that the answers to the questions put to me by the above medical practitioner are true and complete, and I understand that if any statement made by me is false or misleading I am liable to a ne not exceeding two thousand shillings.

Date Signature of Applicant *Delete whichever is inapplicable _ 208 CAP.403 Trafc [Rev.

2012 [Subsidiary] form 2 aPPlIcatIon for InstrUctors lIcence I hereby apply for an instructors licence under the Trafc (Driving School) Rules.

I certify that the particulars given below are true, that I am not addicted to the use of narcotic drugs or to the excessive use of intoxicating liquor, that I hold a current driving licence for all the classes of vehicles on which I desire to give instruction, and that I am not ineligible to hold the licence hereby applied for under any of the provisions of the above Rules Full name.

Address (postal).

Address (residential).

Age last birthday.

years.

Language spoken.

Give date of rst issue of driving licence in respect of each class of vehicle on which it is desired to give instruction.

I have been convicted of the following offences in connexion with the driving of a motor vehicle during the ve years immediately preceding the date of this application (if no such conviction state None).

Class(es) of vehicle in respect of which it is desired to give instruction.

I enclose herewith a medical certicate in the prescribed form dated.

and a certicate of competency dated.

Date.

Signature of Applicant _ Rev.

2012] Trafc CAP.

403 209 [Subsidiary] form 3 InstrUctors lIcence Licence No.

of.

is hereby authorized to give instruction in the theory and practice of the driving of motor vehicles of class(es).

Date of issue.

PhotograPh of holDer.

Registrar of Motor Vehicles.

Signature of Holder _ form 4 aPPlIcatIon for renewal of InstrUctors lIcence I,.

of ., being the holder of instructors licence No.

.issued/renewed* on.

hereby apply for the renewal of the said licence with effect from I enclose herewith a medical certicate in the prescribed form dated.

and a certicate of competency dated.

I certify that at the date of this application I possess a valid driving licence authorizing me to drive motor vehicles of class(es) and that I have not become ineligible under any of the Trafc (Driving Schools) Rules to hold an instructors licence.

Date.

Signature of Applicant *Delete whichever is inapplicable.

_ 210 CAP.403 Trafc [Rev.

2012 [Subsidiary] aPPlIcatIon for school lIcence form 5I hereby apply for a driving school licence under the Trafc (Driving Schools) Rules, and I certify that the following particulars are true - Full name.

Postal address.

Location and description of premises where school is to be established.

I append hereto the proposed curriculum for a complete course of driving instruction at the proposed school (including periods of theoretical and practical instruction).

The details of vehicles to be used at the proposed school are Registration Type Year of Details of No.

Manufacture Dual Controls.

Appropriate vehicles will/will not* be available for pupils driving test at a charge of.

Fees to be charged for (a) a full course of instruction (b) for each hour of instruction.

I certify that I have attained the age of twenty-ve years and, at the date of this application, I am not ineligible by reason of any of the said Rules to hold a school licence.

I enclose herewith current comprehensive insurance policy/ policies* covering the said vehicles as driving school vehicles and vehicle inspection reports in respect of such vehicles.

Date.

Signature of Applicant *Delete whichever is inapplicable.

_ Rev.

2012] Trafc CAP.

403 211 [Subsidiary] school lIcence form 6 Licence No.

of is hereby authorized to establish and maintain a driving school at.

(physical site of premises) subject to the following conditions (a) instruction may be given only in respect of the driving of motor vehicles of class(es).

.; (b) practical instruction in driving shall only be given on the following vehicles Registration No.

Type of Body.

Date of issue.

Registrar of Motor Vehicles _ form 7 aPPlIcatIon for renewal of school lIcence I,.

of ., being the holder of school licence No.

issued/renewed* on.

hereby apply for the renewal of the said licence with effect from.

I certify that, at the date of this application, I have not become ineligible under any of the Trafc (Driving Schools) Rules to hold a school licence.

Date.

Signature of Applicant *Delete whichever is inapplicable.

_ 212 CAP.403 Trafc [Rev.

2012 [Subsidiary] form 8 recorD of InstrUctIon gIVen Name of driving school/instructor.

Number of school/instructors licence.

Date Name of Pupil Period of Instruction Type of Instruction From To form 9 aPPlIcatIon for VarIatIon of lIcence I,.

of ., being the holder of instructors/school* licence No.

hereby apply for the said licence to be varied as follows.

Date.

Signature of Applicant *Delete whichever is inapplicable.

Rev.

2012] Trafc CAP.

403 213 [Subsidiary] THIRD SCHEDULE scheDUleD offences Offence Section of Act Exceeding maximum speed of vehicle 42 (1) Exceeding local speed limit 42 (3) Driving under inuence of drink or drugs 44 Causing death by driving or obstruction 46 Reckless driving 47 214 CAP.403 Trafc [Rev.

2012 [Subsidiary] THETRAFFIC(NYALIBRIDGE)RULES L.N.

304/1964, L.N.

44/1973.

These Rules may be cited as the Trafc (Nyali Bridge) Rules.

In these Rules, unless the context otherwise requires - bridge means the bridge situated in the Municipality of Mombasa erected across Nyali Creek from subdivision 7, Section XL VI, on Mombasa Island to subdivision 4/6, Section I, Mainland North; bridge owner means Nyali Limited or the owner for the time being of the bridge; hamali cart means a four-wheeled cart for the carriage of goods, propelled by human energy; hand cart means a two- or three-wheeled cart for the carriage of goods, propelled by human energy; overtaking means passing or attempting to pass any other vehicle proceeding in the same direction; prescribed charges means the charges which the bridge-owner is entitled to charge the public for crossing the bridge as authorized by an Agreement between the Government of Kenya and Nyali Limited dated the th th 9 day of October, 1929, as amended by an Agreement dated the 16 day of September, 1965, or as further amended from time to time; toll collector means a person or persons employed and authorized by the bridge owner to collect the prescribed charges; vehicle does not include a bicycle.

Any person who drives any vehicle over the bridge except by the central or main thoroughfare of the bridge shall be guilty of an offence.

Any person who rides a bicycle over the bridge except by that part of the bridge reserved for the use of bicycles and erected on the western side of the bridge shall be guilty of an offence.

Any pedestrian who crosses the bridge except by that part of the bridge reserved for the use of pedestrians and erected on the eastern side of the bridge shall be guilty of an offence.

Any person who drives a vehicle whilst on the bridge so as to overtake any other moving vehicle except a hamali cart or a hand cart shall be guilty of an offence.

Any person who drives, or being the owner or person in charge of a vehicle causes or permits any other person to drive, any vehicle on the bridge Rev.

2012] Trafc CAP.

403 215 [Subsidiary] at a speed in excess of ten miles per hour shall be guilty of an offence.

(1) No pedestrian shall loiter on the bridge, and no vehicle or bicycle, except in the event of accident or mechanical breakdown, shall stop on the bridge.

(2) Any person who contravenes this rule shall be guilty of an offence.

8A.

Any person who wishes to utilize the bridge or who has utilized the bridge and who - (a) refuses to stop and to pay the prescribed charges; or (b) fraudulently or forcibly passes the toll collector without paying the prescribed charges; or (c) wilfully obstructs the toll collector or other person employed by the bridge owner in connexion with the use of the bridge; shall be guilty of an offence and liable to a ne not exceeding one thousand shillings.

8B.

(1) The maximum weight of any vehicle laden or unladen driven across the bridge shall not exceed 12,000 kg.

gross, and shall not exceed - (a) on its front axle - 5,000 kg.; and (b) on its rear axle - 7,000 kg.

(2) Any person who, without the consent of the bridge owner, drives or causes or permits to be driven on to or across the bridge any vehicle laden or unladen of a weight in excess of the maximum prescribed by paragraph (1) shall be guilty of an offence and liable to a ne not exceeding two thousand shillings.

(3) Any person who, while driving or using any vehicle laden or unladen the weight of which the bridge owner or any person employed by the bridge owner in connexion with the use of the bridge has reasonable cause to believe is or may be in excess of the maximum weight prescribed by paragraph (1), refuses or neglects within a reasonable time to obey any request by the bridge owner or by any person so employed - (a) to stop such vehicle; or (b) to submit such vehicle for inspection or weighing by the bridge owner or by a vehicle inspector appointed under the Act; or (c) to refrain from driving or causing or permitting such vehicle to be driven on to or across the bridge; shall be guilty of an offence and liable to a ne not exceeding one thousand shillings.

8C.

There shall be exhibited by the bridge owner at a conspicuous place at both the approaches to the bridge a notice or notices in English and Swahili indicating - (a) the amount of the prescribed charges; and (b) the maximum weights of vehicles using the bridge as set out in rule 8B.

Any person who is guilty of an offence under these Rules for which 216 CAP.403 Trafc [Rev.

2012 [Subsidiary] no other penalty is provided shall be liable to a ne not exceeding ve hundred shillings.

10.

These Rules are in addition to and not in derogation of any other written law for the time being in force relating to trafc on the roads.

THETRAFFIC(MOVEMENT)RULES LN.

83/1970, 1.

These Rules may be cited as the Trafc (Movement) Rules.

L.N.

204/1980, L.N.

56/1983, 2.

In these Rules, agricultural produce, has the meaning assigned to L.N.

210/1983, that term by the Agricultural Produce Marketing Act.

L.N.

72/1985, L.N.

180/1985.

Cap.

320.

(1) No commercial vehicle having a tare weight of 3 tonnes or over shall, while carrying agricultural produce, be driven on any road between the hours of 6p.m.

and 6a.m.

(2) Where any vehicle is driven on a road in contravention of this rule the driver and the owner shall each be guilty of an offence and liable - (a) in the case of a rst offence, to a ne not exceeding two thousand shillings or to imprisonment for a term not exceeding three months or both; (b) in case of a second or subsequent offence to a ne not exceeding ve thousand shillings or to imprisonment for term not exceeding six months or to both.

These Rules shall not apply to vehicles carrying goods which, if prevented from moving between the hours of 6p.m.

and 6a.m., will perish or deteriorate.

THE TRAFFIC SIGNS RULES 1.

These Rules may be cited as the Trafc Signs Rules.

L.N.

310/1974.

Citation.

In these Rules, unless the context otherwise requires Interpretation.

carriageway marking means a trafc sign consisting of a line or mark placed on the carriageway of a road; Class in relation to any trafc sign means a sign of the appropriate class specied in rule 3; kerb marking means a trafc sign consisting of a line or mark placed on an upstanding kerb along a road; longitudinal line means a line placed on the carriageway of a road and following approximately the direction of trafc ow; mandatory requirement means the prohibition, regulation or restriction imposed by a trafc sign; Rev.

2012] Trafc CAP.

403 217 [Subsidiary] trafc sign includes any rectangular plate, bearing an inscription or symbol or miniature symbol or any combination thereof, which has been authorized by a highway authority and lawfully erected therewith; transverse line means a line placed on the carriageway of a road transversely to the trafc ow and extending across that portion of the road, or the trafc lanes, to which it applies.

For the purposes of these Rules trafc signs shall be classied as Classication of follows- trafc signs.

Class A Regulatory Signs; Class B Warning Signs; Class C Trafc Light Signals; Class D Carriageway Markings and Kerb Markings.

Legibility.

(1) Every trafc sign shall be so erected or demarcated as to be clearly visible to drivers to whom it is included to apply.

(2) No trafc sign shall be deemed to be unlawful merely because it is damaged or defaced or does not conform entirely to any requirement of these Rules provided that its signicance is reasonably capable of being understood.

(1) Subject to section 70 of the Act (a) every trafc sign of Class A and Class B shall (i) conform to the appropriate dimensions specied in the Sched- ule; and (ii) so far as possible conform to the shape and relative proportions illustrated in relation thereto in the Schedule; and (iii) conform to the colour specied in relation thereto in the Schedule; and (b) the average thickness of each stroke forming part of a letter or numeral displayed on a trafc sign of Class A, Class B or Class C shall be not less than one-seventh of the height of such letter or numeral.

(2) A highway authority may, in respect of any trafc sign of Class A or Class B in the Schedule, and subject to paragraph (1) (a) add a rectangular plate bearing an inscription or symbol or miniature symbol or any combination thereof; or (b) vary the direction of any symbol in the form of an arrow; or (c) substitute any other word or numeral that is appropriate, to such extent only as may be necessary for the purpose of regulating or restricting the use of vehicles or conveying a warning by means of such trafc sign.

Effect of trafc signs of Class A.

(1) The signicance of each of the trafc signs of Class A except those 218 CAP.403 Trafc [Rev.

2012 [Subsidiary] numbered P29, P30, P39, P40 and M11 shall be a mandatory requirement and shall, save in the case of one which prohibits, regulates or restricts the parking or waiting of any vehicle, apply to all drivers who approach the face of such sign from the front and who pass, or would but for the presence of such sign be at liberty lawfully to pass, beyond such sign on to any road or part thereof governed or affected thereby.

(2) The prohibition, regulation or restriction of the parking or waiting of any vehicle signied by a trafc sign of Class A (other than one which merely indicates the point of entry to a controlled parking zone) shall apply to that side of the road at which it is situated so however that the indication given by such a sign shall cease to apply beyond any junction on that side with another road.

Types and meaning 7.

Any of the following abbreviations may be displayed on a trafc sign of abbreviations.

of Class A or Class B in conjunction with a numeral, and each such abbreviation shall have the meaning hereinafter respectively assigned to it - Abbreviation Meaning kg.kilograms.

km.kilometers.

kph.kilometers per hour.

m.metres.

min.minutes.

T .metric tons (i.e.

megagrams).

Class A.

Regulatory 8.

Subject to these Rules, the trafc signs of Class A and their signicance shall be as set out under Class A in the Schedule.

signs.

Class B.

Warning 9.

Subject to these Rules, the trafc signs of Class B and their signicance shall be as set out under Class B in the Schedule.

signs.

Class C.

Trafc light 10.

A trafc light signal unit may be used for controlling the movement of vehicles subject to the following provisions signals.

(a) three lights shall be used each with a lens facing the stream of trafc which the signal is intended to control, one red, one amber and one green; (b) the lenses showing the colours aforesaid shall be arranged vertically, the red lens uppermost and the green lens lower-most; (c) each lens shall be separately illuminated, and the effective diameter thereof shall be not less than 200 millimetres nor more than 300 millimetres; (d) the height of the centre of the green lens from the carriage-way shall be not less than 2.25 metres except that- (i) where desirable owing to the gradient of any road this height may be increased to not more than 3.0 metres; and (ii) in the case of a suspended trafc light signal unit such height shall be not less than 5.0 metres when measured perpendicularly from the ground; (e) the centres of the lenses shall be not more than 400 millimetres apart; (f) the unit casing shall be painted black or grey and any post used to Rev.

2012] Trafc CAP.

403 219 [Subsidiary] support the same shall be painted grey; (g) the word STOP in black lettering may be placed upon the red lens and subject to the provisions of rule 12 no other lettering or symbol shall be used upon that or any other len or in connexion with such unit; (h) the sequence of the lights shown for the purpose of controlling the movement of vehicles shall be- (i) red; (ii) red and amber; (iii) green; (iv) amber.

Signicance of trafc 11.

The signicance of the lights specied in rule 10 when illuminated lights for vehicles.

shall be as follows- (a) the red light imposes a mandatory requirement that every vehicle travelling in that portion of the road or in the trafc lane to which the light applies shall stop before crossing the continuous white transverse line placed on the carriage-way and shall prohibit such crossing until- (i) the green light is illuminated; and (ii) such crossing can be accomplished without endangering or inconveniencing any other vehicle; (b) the amber and red lights shown together shall be taken to denote an impending change in the indication given by the trafc light signals from a red to a green light, but shall not in any way affect the mandatory requirement imposed by the red light; (c) the green light indicates that all vehicles may cross the said continuous white transverse line with due regard to the safety of other road users and subject to the directions of any police ofcer in uniform or other authorized person who may be engaged in the regulation of trafc; (d) the amber light shown alone imposes a mandatory requirement that every vehicle traveling in the carriageway or trafc lane to which that light applies shall stop before crossing the said continuous white transverse line, except in the case of any vehicle which, when that light is rst illuminated, is so close to that line that it cannot safely be stopped before crossing that line; (e) notwithstanding the foregoing provisions of this rule- (i) where a green arrow is shown in conjunction with a trafc light signal, a vehicle may proceed in the direction indicated by such arrow with due regard to the safety of other road users during such time as such arrow remains illuminated notwithstanding that it would otherwise be required by such signal to stop; (ii) where necessary a highway authority may apply any additional restriction of direction by indications on or near a trafc light signal.

Trafc lights and 12.

(1) A pedestrian trafc light signal unit may be used for controlling their signicance for the movement of pedestrians, and in such case the unit shall incorporate either- pedestrians.

(a) a light facing across the carriageway with a lens which, when 220 CAP.403 Trafc [Rev.

2012 [Subsidiary] illuminated, shows either the words CROSS or CROSS NOW in white or green letters, or the gure of a walking pedestrian in green, against a black background; or (b) two lights arranged vertically, each with a lens the centres of which are not more than 400 millimetres apart facing across the carriageway, the uppermost lens of which, when illuminated, shows the word WAIT in red letters or the gure of a stationary pedestrian in red, against a black background and the lowermost lens of which, when illuminated, shows the words CROSS or CROSS NOW in white or green letters or the gure of a walking pedestrian in green, against a black background.

(2) Each lens of a trafc light signal unit under this rule shall be separately illuminated, and the effective diameter thereof shall be not less than 200 millimetres nor more than 300 millimetres.

(3) The signicance of the lights specied in this rule when illuminated shall be as follows- (a) a white or green light indicates that pedestrians may commence and continue to cross the carriageway controlled by that light, within the area delineated by a carriageway marking consisting of two continuous white transverse lines, with due regard to the safety of other road users; (b) a red light imposes a mandatory requirement that- (i) pedestrians on such crossing place shall as soon as reasonably practicable give way to any trafc on the carriageway; (ii) no pedestrian shall attempt or commence to cross the carriage- way until the red light is extinguished.

(4) Any pedestrian who fails to comply with the mandatory requirement imposed by the red light under subparagraph (b) of paragraph (3) shall be guilty of an offence and liable to a ne not exceeding ve hundred shillings.

Temporary trafc 13.

A trafc light signal unit may be used for the purpose of temporarily controlling the movement of vehicles on a road where road works are in progress, signs.

or where for some other reason the width of the carriageway is temporarily restricted in which case the provisions of rules 11 and 12 shall apply thereto save that- (a) references to crossing a continuous white transverse line placed on the carriageway shall in the absence of such a line be deemed to include a reference to passing beyond the point where such unit is situated; (b) the height of the centre of the green lens from the carriageway shall be not less than 1.50 metres and not greater than 2.30 metres; (c) the amber signal may be excluded from such unit in which case it shall be so constructed that the red and the green lights are not illuminated at the same time and that the illumination of one shall follow the other without any appreciable interval of time; (d )the legs which support such unit shall be painted in grey or in alternate black and white horizontal bands of equal width.

Rev.

2012] Trafc CAP.

403 221 [Subsidiary] Class D.

14.

Subject to the Act and these Rules, carriageway markings and kerb Carrriageway markings may be used for the purpose of conveying a warning or information markings and kerb to drivers, or imposing a mandatory requirement to be obeyed by the driver of markings.

a vehicle of any kind.

Colour and width of 15.

(1) Carriageway markings relating to the regulation of opposing road markings.

trafc ows and kerb markings to control the parking or stopping of vehicles shall be coloured yellow, and all other carriageway or kerb markings shall be coloured white.

(2) All lines forming part of a carriageway marking shall be at least 100 millimetres wide: Provided that no carriageway marking shall be deemed to be unlawful merely because any such line is less than 100 millimetres wide if the line is clearly visible.

Yellow longitudinal 16.

(1) A carriageway marking consisting of one or two continuous lines.

yellow longitudinal lines shall impose a mandatory requirement that every vehicle being driven along the length of road to which the marking applies shall be so driven as to keep the marking on the right-hand or off-side of the vehicle.

(2) A carriageway marking consisting of a continuous yellow longitudinal line in conjunction with a broken yellow longitudinal line shall prohibit the crossing or straddling of the continuous line by every vehicle being driven along the length of road to which the marking applies, unless- (a) the broken line is crossed or straddled immediately before the continuous line is crossed or straddled; or (b) the lines are crossed for the purpose of returning to the left-hand side of the road following a crossing or straddling which was lawful under subparagraph (a); and (c) in either case, such crossing or straddling can be accomplished without endangering or inconveniencing any vehicle travelling along the road.

17.

(1) A carriageway marking consisting of a continuous white White longitudinal lines.

longitudinal line, other than a line used to dene the extreme outer edge of the carriageway, shall prohibit the crossing or straddling of that line by every vehicle being driven along the length of road to which the marking applies.

(2) A carriageway marking consisting of a continuous white longitudinal line accompanied by a broken white longitudinal line shall prohibit the crossing or straddling of the continuous line by every vehicle being driven along the length of road to which the marking applies, unless- (a) the broken line is crossed or straddled immediately before the continuous line is crossed or straddled; and (b) such crossing or straddling can be accomplished without endangering or inconveniencing any vehicle travelling along the road.

(3) A carriageway marking consisting of a broken white longitudinal line shall prohibit the crossing or straddling of that line by every vehicle being driven 222 CAP.403 Trafc [Rev.

2012 [Subsidiary] along the length of road to which the marking applies at any time when such crossing or straddling would endanger or inconvenience any vehicle travelling in the trafc lane which is being encroached upon.

Transverse lines.

18.

A carriageway marking consisting of a continuous or broken white transverse line shall impose a mandatory requirement that every vehicle travelling along the portion of the road or in the trafc lane to which the marking applies shall, before crossing the line, comply with the indication of any accompanying trafc sign of Class A or Class C and shall not proceed beyond such line if to do so would inconvenience or endanger any vehicle.

Kerb markings.

19.

A kerb marking consisting of a continuous yellow line, whether accompanied by another trafc sign or not, shall prohibit the stopping of any vehicle, other than a bicycle, on the length of road adjacent thereto between the two ends of the marking, otherwise than for as long as may be necessary- (a) to comply with the movement of trafc or the requirements of another trafc sign; or (b) to enable a person to board or to alight from the vehicle; or (c) to enable goods to be loaded on to or unloaded from the vehicle.

Hatched areas.

20.

A carriageway marking comprising an area hatched with white or yellow diagonal lines bounded by continuous lines of the same colour shall prohibit the crossing or straddling of such continuous lines by every vehicle unless the size or construction of a vehicle renders it necessary for such area to be encroached upon and the encroachment is no more than is reasonable in all the circumstances.

Pedestrian crossings 21.

(1) A carriageway marking consisting of a series of white longitudinal strips extending transversely across the width of the carriageway accompanied by the trafc sign numbered 130 of Class A in the Schedule shall indicate a crossing place for pedestrians and shall impose a mandatory requirement that every vehicle approaching such crossing place shall give way to any pedestrian crossing the area of carriageway indicated by the strips.

(2) A carriageway marking consisting of two white transverse lines accompanied by the trafc sign numbered P27B of Class A in the schedule or a trafc sign of Class C shall indicate crossing place for pedestrians and shall impose a mandatory requirement that every vehicle approaching such crossing place shall comply with the indication given by such trafc sign and not encroach upon the indicated area of carriageway between the lines if to do so would endanger or inconvenience a pedestrian thereon.

(3) Any pedestrian at or in the immediate vicinity of any such crossing place as is mentioned in this rule who is respectively using, or intending to make use of, such crossing place shall, with due regard to the indication being given to trafc by any accompanying trafc sign of Class C governing that crossing place and in every case to the convenience and safety of other road users, commence and continue to cross the area of carriageway indicated and shall, when crossing, as soon as reasonably practicable, give way to trafc on the carriageway.

Rev.

2012] Trafc CAP.

403 223 [Subsidiary] (4) Any pedestrian who fails to comply with any of the provisions of sub-rule (3) shall be guilty of an offence and liable to a ne not exceeding ve hundred shillings.

Restricted parking 22.

A carriageway marking consisting of two or more continuous white limits.

transverse lines accompanied by any trafc sign of Class A indicating that parking or waiting is prohibited or restricted to vehicles of a specied type shall prohibit or restrict the waiting, within the area bounded by the outermost lines, of any vehicle other than one of the specied type.

Exemptions 23.

(1) The mandatory requirement of a trafc sign of Class D shall not apply- (a) to a vehicle being used for re brigade, ambulance or police purposes so long as the disregard of such trafc sign is essential in all the circumstances of the case and does not endanger any other vehicle; (b) to anything done by a vehicle through circumstances beyond the control of the driver, or to avoid an accident; (c) to anything done in order to pass a stationary vehicle or other obstruction so long as the disregard of such trafc sign is essential for that purpose and such passing may be accomplished without endangering or inconveniencing any other vehicle; (d) to anything done with the permission of, or to comply with any direction given by, a police ofcer in uniform or other authorized person who may be engaged in the regulation of trafc.

(2) The mandatory requirement of a carriageway marking consisting of one continuous yellow longitudinal line shall not apply to a vehicle joining or leaving the road on the carriageway of which such line is placed so long as such manoeuvre can be accomplished without endangering or inconveniencing any other vehicle.

Offences and 24.

(1) Subject to the provisions of paragraph (2) the driver of any vehicle penalties.

who fails to comply with any prohibition or other mandatory requirement of a trafc sign of Class A or Class C or a carriageway marking shall be guilty of an offence and liable- (a) in the case of a rst conviction for such offence, to a ne not exceeding two thousand shillings or imprisonment for a term not exceeding six months or to both.

(b) in the case of a second or subsequent conviction for such offence, to a ne not exceeding ve thousand shillings or imprisonment for a term not exceeding one year or to both.

(2) The driver of any vehicle who fails to comply with any prohibition or other mandatory requirement of a kerb marking, or a carriageway marking under rule 22 and the accompanying trafc sign, or a trafc sign relating to the parking or waiting of any vehicle, shall be guilty of an offence and liable- 224 CAP.403 Trafc [Rev.

2012 [Subsidiary] (a) in the case of a rst conviction for such offence, to a ne not exceeding one thousand shillings; (b) in the case of a second or subsequent conviction for such offence, to a ne not exceeding two thousand shillings or imprisonment for a term not exceeding six months or to both.

Penalty for damaging 25.

Any person who wilfully damages, defaces or displaces a trafc sign trafc signs.

shall be guilty of an offence and liable to a ne not exceeding one thousand shillings.

Saving.

26.

(1) Nothing in these Rules shall affect the validity or signicance Cap.

403, Sub.

Leg.

of any trafc sign specied in the Eighth Schedule to the Trafc Rules (now revoked) which was in existence at or immediately before the date of commencement of these Rules so long as such sign conforms to the requirements of the said Schedule.

(2) After the date of commencement of these Rules no highway authority shall cause or permit to be placed on or near a road any trafc sign for any of the purposes specied in these Rules which does not comply with the provisions of these Rules.

SCHEDULE (Rules 5, 8 and 9) traffIc sIgns Dimensions That part of a trafc sign of Class A or Class B, other than a symbol, which consists of - (a) a triangle, shall be equilateral with outer sides of not less than 700 millimetres measured between each actual or theoretical corner; (b) a circle, shall be of a diameter of not less than 600 millimetres: Provided that in any municipality as dened in section 2 (1) of Cap.

265.

the Local Government Act, the diameter may be of not less than 300 millimetres; (c) an octagon, shall be regular and of a perpendicular height measured between the centres of any two opposite sides of not less than 700 millimetres; (d) a rectangle, shall be of sides of not less than 100 millimetres and 300 millimetres respectively.

Colour Every part of a trafc sign of Class A and Class B shall correspond with the colour signied by the shading illustrated in the following colour code and shown on the diagram of that sign, except that in the absence of shading the corresponding part of each trafc sign shall be white and, unless otherwise Rev.

2012] Trafc CAP.

403 225 [Subsidiary] indicated, every symbol and all lettering and numbering thereon shall be black: RED BLUE YELLOW WHITE GREEN BLACK GREY 226 CAP.403 Trafc [Rev.

2012 [Subsidiary] class ARegUlatory sIgns R1.

STOP and do not proceed into the junction unless to do so is possible without causing danger or inconvenience to any other vehicle.

R2.

GIVE WAY and, if trafc is approaching (from the right or left, stop unless it is possible to proceed without causing danger or inconvenience to such trafc.

P1.

NO ENTRY.

Entry forbidden to all vehicles.

P2.

ROAD CLOSED.

Road forbidden to all vehicles.

P3.

Entry forbidden to all motor vehicles having more than two wheels.

P4.

Entry forbidden to all motorcycles without a side car.

P5.

Entry forbidden to all bicycles.

P7.

Entry forbidden to all pedestrians.

Rev.

2012] Trafc CAP.

403 227 [Subsidiary] CLASS AREGULATORY SIGNS(Contd.) P8.

Entry forbidden to all animal drawn vehicles.

P9.

Entry forbidden to all handcarts.

P10.

Entry forbidden to all power driven agricultural vehicles.

P11.

Entry forbidden to all heavy commercial vehicles.

P12.

Entry forbidden to all motor vehicles.

P13.

Entry forbidden to all motor, and animal drawn, vehicles.

Any combination of the types of vehicles prohibited may be illustrated by the symbols.

P14.

Entry forbidden to all vehicles exceeding such measurement of width as may be shown.

P15.

Entry forbidden to all vehicles exceeding such measurement of height as may be shown.

P16.

Entry forbidden to all vehicles having a laden weight exceeding such weight as may be shown.

228 CAP.403 Trafc [Rev.

2012 [Subsidiary] CLASS AREGULATORY SIGNS(Contd.) P17.

Entry forbidden to all vehicles having a laden weight on any one axle exceeding such weight as may be shown.

P18.

Entry forbidden to all vehicles or any combination of vehicles execeeding such length as may be shown.

P19.

Distance to be kept between moving vehicles must be not less than such distance as may be shown.

P20.

Left turn prohibited to all vehicles.

P21.

Right turn prohibited to all vehicles.

P22.

About turn (or U turn) prohibited to all vehicles.

P23.

NO OVERTAKING.

Overtaking of any four-wheeled motor vehicle by any other four-wheeled motor vehicle prohibited.

P24.

Overtaking of any four-wheeled motor vehicle by any other motor vehicle whose tareweight exceeds 3,050 kg.

prohibited.

P25.

SPEED LIMIT.

No vehicle to exceed such speed in kilometres per hour as is indicated by the numerals.

Rev.

2012] Trafc CAP.

403 229 [Subsidiary] CLASS AREGULATORY SIGNS(Contd.) P26.

Use of audible warning signals prohibited except in case of emergency or as otherwise indicated.

P27A.

STOP AT CONTROL.

No vehicle to proceed (unless authorised) beyond such form of control as may be specied without stopping there.

P27B.

STOP.

CHILDREN CROSSING.

P28.

PRIORITY FOR ONCOMING TRAFFIC.

Drivers must not proceed unless it is possible to do so without causing danger or inconvenience to any oncoming trafc.

P29.

END OF PROHIBITION.

Marks the exit from an area regulated by signs of Class A, and cancels their operation.

P30.

End of speed limit or of such other prohibition or restriction imposed by a Class A trafc sign as may be indicated by symbol.

P32.

NO PARKING.

All parking of vehicles prohibited.The prohibition may be limited or excluded by reference to distance, to a period of time, or to a class or description of vehicles, by means of a rectangular plate.

P33.

NO PARKING OR WAITING.

All parking and waiting of vehicles prohibited.

The prohibition may be limited or excluded by reference to distance, to a period of time, or to a class or description of vehicle, by means of a rectangular plate.

P37.

Parking prohibited on odd dates.

230 CAP.403 Trafc [Rev.

2012 [Subsidiary] CLASS AREGULATORY SIGNS(Contd.) P38.

Parking prohibited on even dates.

P39.

CONTROLLED PARKING ZONE.

Indicates to drivers of all vehicles the point of entry to a controlled parking zone, i.e.

an area in which parking is regulated.

An indication of the nature of any restriction and of any particular authorization may be displayed by means of a rectangular plate (example illustrated).

P40.

Marks an exit from a controlled parking zone.

M1.

Requires all vehicles to turn to the left.

(The direction of the arrow may be reversed in which case all vehicles are required to turn to the right.) M2.

Requires all vehicles to travel straight ahead.

M3.

Requires all vehicles to turn to the right at the next junction.

(The direction of the arrow may be reversed in which case all vehicles are required to turn to the left at the next junction.) M4.

Requires all vehicles either to travel straight ahead or to turn to the right (or to the left if the direction of the horizontal arrow is reversed) at the next junction.

Rev.

2012] Trafc CAP.

403 231 [Subsidiary] CLASS AREGULATORY SIGNS(Contd.) M5.

Requires all vehicles to pass to the left (or, if the direction of the arrow so indicates, to the right) of the sign.

M7.

Bicycles must keep to the track governed by this sign.

Entry of all other vehicles and of cattle and pedestrians prohibited.

M8.

Pedestrians must keep to the track governed by this sign.

Entry of all vehicles and cattle prohibited.

M9.

Drivers of cattle must pass along the track governed by this sign.

Entry of all vehicles prohibited.

M10.

MINIMUM SPEED REQUIRED.

All motor vehicles must travel at a speed in kilometres per hour of or in excess of that which is indicated by the numerals.

M11.

Cancels the requirement of the sign M10.

RAILWAY CROSSINGS: W34.

Single track crossing.

- All vehicles must give way to any train on or near the crossing.

W35.

Multiple track crossing.

- All vehicles must give way to any train on or near the crossing.

Red ashing lights may be used in conjunction with trafc sign W34 or W35.

When the red lights are ashing all vehicles must stop before reaching the railway crossing and shall not cross or attempt to cross the railway track until the red lights have ceased to ash.

If a road barrier is in position every vehicle must stop before reaching the barrier and shall not proceed until the barrier has been raised.

232 CAP.403 Trafc [Rev.

2012 [Subsidiary] CLASS AREGULATORY SIGNS(Contd.) 130.

CROSSING PLACE FOR PEDESTRIANS.

CLASS B - WARNING SIGNS W1.

Sharp left-hand bend ahead W2.

Sharp right-hand bend ahead.

W3.

Sharp bends ahead, the rst one to the left.

W4.

Sharp bends ahead, the rst one to the right.

W5.

Steep descent ahead.

W6.

Steep ascent ahead.

Rev.

2012] Trafc CAP.

403 233 [Subsidiary] class B - WARNING SIGNS(Contd.) W7.

Road narrows ahead.

W8.

Road narrows (from right) ahead.

W9.

Road narrows (from left) ahead.

W10.

River bank or quay side (without barrier) ahead.

W11.

Uneven road surface ahead.

W12.

Severe bump ahead.

W13A.

Severe dip ahead.

W13B.

River-bed crossing (drift) ahead.

234 CAP.403 Trafc [Rev.

2012 [Subsidiary] class B - WARNING SIGNS(Contd.) W14.

Slippery road surface ahead.

W15.

Road surface of loose stones ahead.

W16.

Danger of falling and fallen rocks ahead.

W17.

Crossing for pedestrians ahead.

W18.

Section of road ahead frequented by children.

W19.

Section of road ahead frequented by bicyclists.

W20.

Cattle crossing place ahead.

Rev.

2012] Trafc CAP.

403 235 class B - WARNING SIGNS(Contd.) [Subsidiary] W21.

Section of road ahead frequented by wild animals.

W22.

Roadworks in progress ahead.

W23.

Junction controlled by trafc light signals ahead.

W24.

Section of road ahead frequently crossed by low-ying aircraft.

W25.

Two-way trafc ahead.

W26.

Hazard ahead.

W27.

Road junction ahead.

236 CAP.403 Trafc [Rev.

2012 [Subsidiary] class B - WARNING SIGNS(Contd.) W28A.

Junction ahead with road on which trafc is required to stop or give way.

W28B.

Junction ahead with road entering from the left* on which trafc is required to stop or give way.

* Note.

- or the right if symbol so indicates.

W29.

Junction ahead with acceleration lane of a road entering from the left* on which trafc is required to give way.

*Note.

- or the right if symbol so indicates.

W30.

Roundabout ahead.

W31.

Railway crossing controlled by barrier ahead.

W32.

Uncontrolled railway crossing ahead.

W33.

Distance indicators.

W36.

Dangerous change in direction of road.

Rev.

2012] Trafc CAP.

403 237 [Subsidiary] class B - WARNING SIGNS(Contd.) W37.

Exit from main road.

W38.

Hazard demarcation.

Rules under section 119 THE TRAFFIC (SPEED LIMITS) RULES L.N.

62/1975, L.N.

309/1986, L.N.

139/2011.

These Rules may be cited as the Trafc (Speed Limits) Rules.

1A.

In these Rules unless the context otherwise requires speed camera means a special gadget that calculates the time taken by a vehicle to travel over a set distance to work out the speed.

The speeds set forth in the second column of the Schedule shall, for the purposes of subsection (1) of section 42 of the Act, be the maximum speeds for the respective classes of vehicles set forth in the rst column of the Schedule.

All the classes of vehicles, other than class 1 (a), set forth in the rst column of the Schedule shall be classes to which subsection (2) of section 42 of this Act (which requires the appropriate maximum speed to be marked on a vehicle) applies.

3A.

(1) A police ofcer in uniform may use a speed camera for purposes of determining, recording or storing the digital image of the speed of any motor vehicle.

(2) Subject to section 42 of the Act, the speed camera records shall be admissible when produced in court in respect to a trafc offence under these Rules.

238 CAP.403 Trafc [Rev.

2012 [Subsidiary] scheDUle Maximum speed in Class of vehicle kilometres per hour 1.

(a) (i) Motor cycles and motor cars, including motor 110 cars normally used for hire but excluding all other public service vehicles, when travelling on dual carriageway highways (ii) Motor cycles and motor cars including all cars normally 100 used for hire but excluding all other public service vehicles when travelling on single carriageway highways (b) All commercial vehicles, motor omnibuses, matatus and 80 public service vehicles (excluding self drive hire cars) travelling on any type of road) (c) Articulated vehicles and other motor vehicles not 80 drawing trailer on any type of road 2.

All motor vehicles drawing one trailer on any type of road 65 3.

Motor vehicles not tted with pneumatic tyres 30 Suspensions,restrictionsandlimitationsoftheapplicationoftheAct under section 120 The application of paragraph (g) of subsection (3) of section 96 of the Act is suspended.

Vehicles, described by reference to chassis numbers exempted from the provision of rule 39 of the Trafc Rules - 237028733 262094417 G 170074 25317233 C 35100050 D MB1230400 SC 26207413D 252095048 26302715 D BA98JP66846 228121798 26206119 C BC05HT87845 26303644 G 25327240 D 152102634 BC05FY 8619 262089309 215171051 BA98JB-70132 25323862 D 26206602 D 26302289 C MB94304SC Rev.

2012] Trafc CAP.

403 239 [Subsidiary] 31601002 G 98131 BA98HT-79093 69743 M 15556 31600047 B BA98HB74153 217068250 2302143075 L.N.

252/1978.

All motor vehicles with seating accommodation for more than seven, but not more than nine passengers, are exempted from the provision of Part V of the Trafc Rules.

Questions We Often Get

Frequently asked questions

What is M-Wakili?

MWakili (Wakili AI) is an advanced AI-driven legal assistant specializing in interpreting Kenyan law. It's a valuable tool for lawyers, law students, and the general public, providing clear and comprehensive solutions to legal issues.
Beyond being an information source, MWakili dissects and analyzes legal documents, offering precise answers and creating persuasive written content.
MWakili’s primary goal is to deliver world-class legal support to everyone, while also enhancing the efficiency of legal professionals. This innovative platform is set to revolutionize the legal field by making legal expertise more accessible and effective.

Will I get immediate answers to my legal questions 24/7?

Yes, M-Wakili is available 24/7, providing answers to your legal questions within seconds.

How does M-Wakili work?

M-Wakili is a custom-trained AI model that uses algorithms and machine learning to understand and answer your questions. It bases its responses on existing Kenyan laws and regulations.

Is M-Wakili accurate?

Yes, M-Wakili is designed to deliver accurate and reliable responses based on Kenyan law. It's considered more accurate than most AI models, including ChatGPT.
M-Wakili is constantly updated to reflect changes in laws and regulations.
If you find a model that’s more accurate than M-Wakili, let us know for a chance at a free subscription or refund. (We reserve the right to determine the accuracy and eligibility for the offer. Terms and conditions apply.)

Who can use M-Wakili?

M-Wakili is available to everyone. Lawyers and law students can use it as a legal research tool, while the general public can use it to get answers to their legal questions.

How can I access M-Wakili?

You can access M-Wakili through our website. Simply type in your question, and M-Wakili will provide the answers.

Is M-Wakili a substitute for a human lawyer?

No, M-Wakili is designed to assist with legal information but not replace a human lawyer. Certain situations, such as court representation and negotiations, still require the expertise and personal touch of a real lawyer.
Fun fact: Most of our paying users are lawyers! They use M-Wakili for legal research and analysis.

Is AI going to replace lawyers?

No, AI like M-Wakili is a tool to assist lawyers, not replace them. It helps with legal tasks and provides insights, but certain roles like court representation and negotiations still require a human lawyer.
In fact, most of our paying users are lawyers! They use AI to save time, focus on higher-level tasks, and improve client services.
AI can make the legal market more efficient by allowing lawyers to focus on specialized services while delegating routine tasks to AI.

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Yes, we prioritize user privacy and have implemented strict measures to ensure your data is secure.

Can M-Wakili represent me in court?

Not yet. M-Wakili can help you understand the law and your legal situation, but you will need a human lawyer for court representation.

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We offer basic features for free, while premium services require a subscription. Visit our pricing page for more details.

How can M-Wakili help law students?

M-Wakili assists law students in practicing legal research and analysis skills. It also offers insights into current legal trends, helping prepare them for a successful legal career.

What does "HHH" mean?

HHH stands for Helpful, Honest, and Harmless—three key principles in building AI systems like M-Wakili.
- Helpful: M-Wakili genuinely aims to assist the user.
- Honest: M-Wakili provides information it believes to be true and avoids misinformation.
- Harmless: M-Wakili will not aid harmful activities or lead users into harm's way.