Transport Licensing Cap 404 - as Plain Text by MWakili

LAWS OF KENYA The TransporT Licensing acT Chapter 404 Revised Edition 2009 (1979) Published by the National Council for Law Reporting with the Authority of the Attorney General CAP.

404 Transport Licensing Rev.

2009] 2 CHAPTER 404 ThE TRANSPORT LiCENSiNG ACT arraNGeMeNt OF SeCtIONS part IprelIMINary Section 1Short title.

2interpretation.

part IIappOINtMeNt OF traNSpOrt lICeNSING BOard aNd lICeNSING OF FOrMS OF traNSpOrt 3Licensing Authority.

4Licensing of transport.

5Classes of licences.

6Exclusive licences.

7Discretion of Licensing Authority to refuse licences and considerations for the exercise of discretion.

part IIIGeNeral prOvISIONS wIth reGard tO lICeNCeS 8Conditions of licences.

9Exceptions from conditions of licences.

10Duration of licences.

11Variation of licences.

12Licences not transferable.

13Power to revoke or suspend licences.

14Licence expires on sale or transfer.

15Power to hold inquiries.

16Power to call for further particulars.

17Applicant to furnish details of vehicle within three months.

18Applications, if refused, not to be entertained again for six months.

19Appeals against decision of Licensing Authority.

part IvOFFeNCeS aNd prOSeCutIONS 20Forgery, etc., of licences.

21Offences.

Rev.

2009] Transport Licensing CAP.

404 3 Section 22Offences cognizable.

23Offence for grantee to operate vehicle on grantors licence.

24(Repealed) part vMISCellaNeOuS prOvISIONS 25Protection of public interest.

26Power to stop and inspect vehicles.

27Financial provisions.

28Fees in respect of licences.

29Rules in respect of records as to hours of work, journeys, loads, etc.

30General power of making regulations.

CAP.

404 Transport Licensing Rev.

2009] 4 Cap.

237 (1948), CHAPTER 404 23 of 1955, 39 of 1956, ThE TRANSPORT LiCENSiNG ACT L.N.

342/1956, L.N.

343/1956, L.N.

172/1960, Commencement L.N.

173/1960, Section 3.

1st February, 1938 L.N.

256/1963, Section 4.

1st January, 1939 L.N.

462/1963, Section 18.

18th April, 1947 21 of 1966, Section 22.

13th September, 1938 9 of 1967, Section 28 and 30.

15th March, 1938 8 of 1968, Sections 9, 14, 15, 16, 17, 21, 5 of 1971, 22, 23, and 25.

23rd June, 1955 13 of 1978, 2 of 2002, All other sections.

1st April, 1938 6 of 2005, 7 of 2007, 9 of 2007.

An Act of Parliament to provide for the co-ordination and control of means of and facilities for transport part IprelIMINary Short title.

1.

This Act may be cited as the Transport Licensing Act.

interpretation.

2.

in this Act, except where the context otherwise requires- 23 of 1955, s.2, L.N.

462/1963, authorized vehicle means any vehicle or ship duly licensed 2 of 2002, Sch.

under the relevant provisions of this Act; carriage of goods includes the haulage of goods; chairman means the chairman of the Transport Licensing Board established under section 3; driver in relation to a trailer means the driver of the vehicle by which the trailer is drawn, and where a separate person acts as steersman of a motor vehicle includes that person as well as any other person engaged in the driving of the vehicle, and drive shall be construed accordingly; fare means any sum payable in respect of a journey on a vehicle duly licensed under a road service licence, or, in the case of a ship, duly licensed under an inland water transport licence; goods includes goods or burden of any description; goods vehicle means a motor vehicle constructed or adapted for use for the carriage of goods or a trailer so constructed or adapted; Rev.

2009] Transport Licensing CAP.

404 5 licence means a licence granted under this Act; Minister means the Minister for the time being responsible for matters relating to transport; motor vehicle means a mechanically propelled vehicle intended or adapted for use on roads and includes a trailer but does not include a tractor; owner in relation to a vehicle which is the subject of a hiring agreement or a hire purchase agreement means the person in lawful possession of the vehicle under that agreement, and, in the case of any vehicle or ship, in relation to the licence issued in respect of the vehicle or ship means the person in lawful possession of the vehicle or ship specied in the licence; public interest means the interests and convenience of the inhabitants of Kenya as a whole; public service vehicle has the same meaning as in the Trafc Cap.

403.

Act; road means the carriageway or portion of any road to which the public has right of access for vehicular trafc, being that portion commonly in use for vehicular trafc, and includes the portion of any bridge used for that purpose; ship includes every description of vessel used in navigation propelled otherwise than by oars or hand paddles and every lighter, barge or like vessel used in navigation however propelled; trailer has the same meaning as in the Trafc Act.

part IIappOINtMeNt OF traNSpOrt lICeNSING BOard aNd lICeNSING OF FOrMS OF traNSpOrt 3.

(1) (a) There is hereby established a Transport Licensing Board, Licensing Authority.

hereinafter referred to as the Licensing Authority, which shall consist 23 of 1955, s.

3, of a chairman appointed by the President and eight other members L.N.

342/1956, appointed by the Minister, one to represent the Nairobi Area, and one L.N.

172/1960, to represent each province: L.N.

462/1963, 21 of 1966, 2nd Sch., Provided that, if for any reason the Minister* considers it desirable 9 of 1967, Sch.

so to do, he may appoint not more than two other persons to be members of the Licensing Authority for any meeting of such Authority.

_ * Power delegated to the chairman by G.N.

1817/1954.

CAP.

404 Transport Licensing Rev.

2009] 6 (b) Before the Minister makes any appointment under this subsection, the person to be so appointed shall be required to declare whether he has any, and if so what, nancial interest in any transport undertaking operating in Kenya.

(2) No person shall be appointed a member of the Licensing Authority (a) if he is insolvent or has assigned his estate for the benet of his creditors or has made an arrangement with his creditors; (b) if he is of unsound mind or has been convicted of an offence and sentenced to imprisonment therefor without the option of a ne.

(3) A member of the Licensing Authority shall become disqualied to retain, and shall ipso facto cease to hold, his ofce as such member if he becomes subject to any of the disabilities set out in subsection (2), or if he is absent from four consecutive meetings of the Licensing Authority without the leave of the Licensing Authority.

(4) Where any member of the Licensing Authority is absent from Kenya for any period in excess of six months, the Minister may, at the request of the chairman, by notice in the Gazette, appoint a member in substitution for the member who is so absent from Kenya; and any member so appointed shall hold ofce until the member in whose place he has been appointed returns to Kenya.

(5) The Minister may remove, on the ground of incapacity or misbehaviour, any member of the Licensing Authority from his ofce.

(6) if a member of the Licensing Authority is removed or vacates his ofce under this section, or dies or resigns before the expiry of the period for which he was appointed, his place shall be lled by an appointment by the Minister; and any person appointed to ll the place of such member shall hold ofce for the remainder of the period for which such member would otherwise have held ofce.

(7) The members of the Licensing Authority shall hold ofce for three years, and each member shall be eligible for reappointment to the Licensing Authority at the expiration of each such period.

(8) in the event of the absence of the chairman from any meeting of the Licensing Authority the members present shall choose one of Rev.

2009] Transport Licensing CAP.

404 7 their number to act as chairman for that meeting.

(9) At all meetings of the Licensing Authority the chairman or the person chosen to act as chairman under sub-section (8), together with two other members of the Licensing Authority, shall form a quorum.

(10) Meetings of the Licensing Authority shall be held at such times, on such occasions and at such places as the chairman may determine.

(11) The chairman or the person chosen to act as chairman under subsection (8) shall have a deliberative vote and in the case of equality of votes shall also have a casting vote; a decision of the majority of the members present at a meeting of the Licensing Authority shall be deemed to be the decision of the Licensing Authority.

(12) The business of the Licensing Authority shall be conducted in such manner as the Licensing Authority may determine.

(13) The chairman of the Licensing Authority may, with the approval of the Minister, appoint such persons to act as ofcers and servants of the Licensing Authority as he considers requisite to enable it to discharge its duties under this Act.

(14) The Minister may pay to the members of the Licensing Authority and to the ofcers and servants appointed under subsection (13) such salaries, remuneration and allowances (if any) as the Minister may, with the consent of the Treasury, determine; and there shall be defrayed out of moneys provided by Parliament the expenses of the Minister so incurred.

(15) (a) The Licensing Authority may delegate to any individual member or members of the Licensing Authority or to any other person the power and authority to carry out on its behalf such duties, powers or functions as the Licensing Authority may determine, and, at the time of delegating any such power or authority or at any time thereafter, the Licensing Authority may give such directions as to the manner in which such power or authority is to be exercised, and may impose such conditions or restrictions upon the exercise of such power or authority, as it may see t.

(b) The Licensing Authority may at any time revoke, modify or increase any delegation made under this subsection.

(16) All licences issued under this Act and all communications from the Licensing Authority shall be under the hand of the chairman or of some person duly authorized by the chairman; and a notication CAP.

404 Transport Licensing Rev.

2009] 8 of any such authorization shall be published in the Gazette under the hand of the chairman.

(17) The chairman shall submit to the Minister for publication an annual report of the proceedings of the Licensing Authority containing particulars with respect to such matters as the Minister may direct.

(18) No member of the Licensing Authority or any ofcer thereof shall be personally liable for any act or default done or omitted to be done in good faith in the course of the operations of the Licensing Authority under this Act.

Licensing of 4.

(1) No person shall, except under and in accordance with the transport.

terms of a licence 23 of 1955, s.

4, (a) use a motor vehicle on a road for the carriage of goods L.N.

343/1956, L.N.

173/1960, 5 of 1971, Sch.

(i) for hire or reward; or (ii) for or in connexion with any trade or business carried on by him; (b) for hire or reward convey any person by means of any motor vehicle designed or adapted to carry more than four persons and the driver of such vehicle; (c) upon the inland waters of Kenya convey by means of any ship (i) any goods or any person for hire or reward; or (ii) any goods for or in connexion with any trade or business carried on by him.

(2) When a goods vehicle is being used on a road for the carriage of goods, the driver of the vehicle, if it belongs to him or is in his possession under an agreement for hire or hire purchase, and in any other case the person in whose ownership or possession the vehicle is, shall for the purposes of this Act be deemed to be the person by whom the vehicle is being used.

(3) Where at any time goods are carried in a goods vehicle, being a vehicle which has been let on hire by the person who at the time of the carriage of the goods is within the meaning of this Act the user of the vehicle, the goods shall be deemed to be carried by that person for hire or reward.

Rev.

2009] Transport Licensing CAP.

404 9 (4) For the purposes of this Act (a) the delivery or collection by a person of goods sold, used or let on hire or hire purchase in the course of a trade or business carried on by him; (b) the delivery or collection by a person of goods which have been, or are to be, subjected to a process or treatment in the course of a trade or business carried on by him; (c) the carriage by a person engaged in agriculture in any locality of goods for or in connexion with the business of agriculture carried on by another person in that locality, so long as the goods are carried in a vehicle which the person carrying them is authorized by a licence to use for the carriage of goods for or in connexion with his agricultural business; (d) the carriage of goods in a vehicle which is being used under and in accordance with the regulations applicable to Cap.

403.

a dealers general licence issued under the Trafc Act; (e) the carriage of goods in a vehicle by a manufacturer, agent or dealer, whilst the vehicle is being used by him for demonstration purposes, shall not be deemed to constitute a carrying of goods for hire or reward.

(5) This section shall not apply (a) to the use of a vehicle for the purposes of funerals; (b) to the use of a vehicle for towing a disabled motor vehicle or for removing goods from a disabled vehicle to a place of safety; (c) to the use of any ship owned by the Government.

(6) The Minister may, by notice in the Gazette, exempt any person or class of persons or any vehicle or class of vehicles from all or any of the provisions of this Act; and for the purposes of this subsection, vehicle includes ship.

(7) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding one year or to both such ne and imprisonment.

CAP.

404 Transport Licensing Rev.

2009] 10 Classes of licences.

5.

(1) The following classes of licences may be issued under this 23 of 1955, s.

5, Act 9 of 1967, Sch, 9 of 2007, s.45.

(a) for goods vehicles (i) a public carriers licence; (b) for passenger and public service vehicles, a road service licence; a road service licence issued in respect of a public service vehicle may authorize the holder to carry for hire or reward both goods and passengers; (c) for ships, an inland water transport licence; an inland water transport licence shall entitle the holder thereof to use an authorized ship, subject to any conditions attached to the licence, for the carriage of goods and passengers or goods or passengers: Provided that, where the authorized route is to include the operation of the authorized ship on the inland waters of Uganda or Tanzania, the Licensing Authority shall, if it considers such a course necessary, rst ascertain the views of the authorities of those territories.

(2) (a) A public carriers licence (in this Act referred to as an A licence) shall entitle the holder thereof to use the authorized vehicles, subject to any conditions attached to the licence, for the carriage of goods for hire or reward, or for the carriage of goods for or in connexion with his business as a carrier of goods, but, unless the Licensing Authority, in its discretion, otherwise determines, it shall be a condition of the licence that no vehicle which is for the time being an authorized vehicle shall be used for the carriage of goods for or in connexion with any other trade or business carried on by him except such storage or warehousing of goods as may be incidental to his business as a carrier.

(b) in relation to a licence held by a person carrying on a dock or harbour undertaking, the reference in this subsection to the use of authorized vehicles for the carriage of goods for or in connexion with the business of the holder of a licence as a carrier of goods shall include a reference to the use of such vehicles for the carriage of goods for or in connexion with that undertaking.

(3) (Deleted by 9 of 2007, s.

45).

(4) (Deleted by 9 of 2007, s.

45).

Rev.

2009] Transport Licensing CAP.

404 11 (5) (a) The vehicles authorized to be used under a licence shall be (i) such motor vehicles, being vehicles belonging to the holder of the licence or in his possession under a hire purchase agreement, as are specied in the licence; (ii) trailers from time to time belonging to the holder of the licence or in his possession under an agreement for hire or hire purchase, not exceeding at anytime such maximum number as is specied in the licence.

(b) For the purposes of this subsection, different types of motor vehicles or different types of trailers, as the case may be, may be distinguished in a licence and a maximum number may be specied in the licence for vehicles or trailers of each type.

(6) A motor vehicle specied in the licence shall, not while it remains so specied, be capable of being effectively specied in any other licence.

(7) A person may be the holder of two or more licences whether of the same class or of different classes.

6.

(1) Notwithstanding any other provisions of this Act, the Exclusive licences.

Licensing Authority may, with the approval of the Minister, and subject 23 of 1955, s.

8.

to such conditions as it may think t to impose, grant to any person an exclusive licence authorizing such person to operate vehicles or ships, as the case may be, for the carriage of passengers or goods in such areas, over such routes or between such places and for such period as the Licensing Authority may decide, and the provisions of this Act regarding applications for and objections to the grant of a licence shall apply to the applications for and grant of any exclusive licence as herein mentioned.

(2) Where the Licensing Authority intends to grant an exclusive licence under subsection (1) it shall, by notice in the Gazette and in a local newspaper circulating in the area to which the proposed exclusive licence relates, give notice of its intention to grant such licence, and no such licence shall be granted until a period of one month after the date of publication of such notice has elapsed.

7.

The Licensing Authority shall have full power in its discretion Discretion of either to grant or to refuse any application for any licence, or to grant Licensing Authority a licence subject to such conditions as it may see t to impose, and, to refuse licences and in exercising its discretion, the Licensing Authority shall have regard considerations for the primarily to the public interest, including the interest or interests of exercise of discretion.

CAP.

404 Transport Licensing Rev.

2009] 12 23 of 1955, s.

7, persons requiring, as well as those of person providing facilities for L.N.

256/1963.

transport, and to such other matters as may be prescribed: Provided that the Licensing Authority shall, before granting any road service licence in respect of any vehicle or vehicles for the carriage of passengers from, through or into, the area of jurisdiction of any county council or municipal council, consult and have regard to the wishes of such council respecting the place or places in the area of such council at which the vehicle may stop or start and the route to be taken by such vehicle.

part IIIGeNeral prOvISIONS wIth reGard tO lICeNCeS Conditions of 8.

(1) it shall be a condition of every goods vehicle or road service licences.

licence 23 of 1955, s.11, L.N.

256/1963, (a) that any authorized vehicles are maintained in at and 5 of 1971, Sch., serviceable condition; 2 of 2002, Sch.

(b) that the provisions of any law for the time being in force relating to limits of speed and weight, laden and unladen, the loading of goods vehicles, and the number of passengers to be carried, are complied with in relation to the authorized vehicles; and (c) that the provisions of this Act, and of any rules made by the Licensing Authority relating to the keeping of records, shall be complied with.

(2) The Licensing Authority may attach to a licence of any class all or any of the following conditions (a) a condition that the authorized vehicles or ships shall or shall not be used in a specied area or over specied routes; (b) a condition that certain classes or descriptions of goods shall or shall not be carried; (c) a condition specifying the charges or the maximum or minimum charges to be made for the carriage of goods; (d) such other conditions as may be prescribed in the public interest or with a view to preventing uneconomic competition, and in addition to the above in the case of goods vehicle or road service Rev.

2009] Transport Licensing CAP.

404 13 licences (e) a condition specifying the number and type of vehicles and trailers to be used, and in addition to the above in the case of B licences (f) a condition that they shall be so used only in a specied district or between specied places.

(3) Subject to the provisions of this Act and to the regulations, the Licensing Authority may attach to a road service licence such conditions as it may think t with regard to the matters to which it is required to have regard under that section, and in particular for securing that (a) the fares shall not be unreasonable; (b) where desirable in the public interest the fares shall be so xed as to prevent wasteful competition with alternative forms of transport, if any, along the routes or any part thereof, or in proximity thereto; (c) copies of the time-table and fare-table shall be carried and be available for inspection in vehicles used on the service; (d) passengers shall not be taken up or shall not be set down except at specied points or shall not be set down between specied points, and generally for securing the safety and convenience of the public; and the Licensing Authority may from time to time vary in such manner as it thinks t the conditions attached to a road service licence.

(4) The Licensing Authority may, from time to time, cancel or vary any of the conditions attached to a licence under this Act.

(5) in the exercise of its powers under this section, the Licensing Authority shall have regard to the wishes of every council consulted under the proviso to section 7.

(6) Any person who, being the holder of a goods vehicle or road service licence or being the person in charge of the vehicle in respect of which such licence is issued fails to comply with any condition imposed by or under the provisions of this section shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding one year or to both such ne and imprisonment.

CAP.

404 Transport Licensing Rev.

2009] 14 Exceptions from 9.

in the case of a goods vehicle licence, and notwithstanding that conditions of a vehicle is an authorized vehicle, the conditions of the licence shall licences.

not apply while the vehicle is being used for any purpose for which it 23 of 1955, s.23.

might lawfully be used without the authority of a licence.

Duration of licences 10.

(1) Subject to the provisions of subsection (2), every licence 23 of 1955, s.6, shall, unless previously revoked, remain in force for one year from the 2 of 2002, Sch., date of issue: 6 of 2005, s.38, 7 of 2007,Sch.

Provided that, if on the date of the expiration of a licence proceedings are pending before the Licensing Authority on an application for the grant of a new licence in substitution for an existing licence held by the applicant, the existing licence shall continue in force until such application is disposed of.

(2) With a view to enabling goods vehicles, passenger-carrying vehicles or any ship to be used temporarily (a) for the purpose of a seasonal business; (b) for the purpose of the execution of a particular piece of work; or (c) for any other purpose of limited duration, a licence of any class may be granted for a period not exceeding three months, and any licence granted under this subsection or subsection (3) is in this Act referred to as a short-term licence.

(3) Without prejudice to the generality of subsection (2), the chairman may grant short-term licences if he is satised that the demand for the use of the vehicles to be so authorized is urgent and that the demand does not conict with the provisions of the public interest, including the interest or interests of persons requiring, as well as of persons providing, facilities for transport.

(4) if on the date of the expiration of a goods vehicle licence, other than a short-term licence, proceedings are pending before the Licensing Authority on an application by the holder of that licence for the grant to him of a new licence, the existing licence shall continue in force until the application is disposed of, without prejudice, however, to the exercise in the meantime of the powers of suspension and revocation conferred by this Act.

Variation of licences.

11.

(1) On the application of the holder of any type of licence, the 23 of 1955, s.12.

Licensing Authority may direct that an additional vehicle or vehicles Rev.

2009] Transport Licensing CAP.

404 15 or ship or ships be specied thereon or that any vehicle or vehicles or ship or ships be removed therefrom, and the provisions of this Act shall apply accordingly.

(2) On the application of the holder of any type of licence to vary the route thereon, the Licensing Authority shall take such action as may be necessary in the manner prescribed for new applications.

12.

No licence of any class shall be transferable except with Licences not the written consent of the Licensing Authority, and, in the case of an transferable.

exclusive licence, with the written consent of the Minister, endorsed on such licence.

13.

(1) A licence of any class may be revoked or suspended by Power to revoke or the Licensing Authority on the ground that any of the conditions of the suspend licences.

licence have not been complied with or that the authorized vehicle has 23 of 1955, s.

13, not been used for a period of three months.

13 of 1978, Sch.

(2) (Deleted by 13 of 1978, Sch.) (3) in any case where a licence is revoked or suspended the Licensing Authority shall, if requested by the licence-holder, state in writing under the hand of the chairman the grounds for the revocation or suspension.

(4) The Licensing Authority may, in lieu of revoking or suspending a goods vehicle licence, direct that any one or more of the vehicles specied therein shall be removed therefrom, or that the maximum number of motor vehicles or of trailers specied in the licence shall be reduced, and references in this or any other section of this Act to the revocation or suspension of a licence shall be construed as including a reference to the giving of a direction under this subsection.

14.

Where the holder of a licence issued under this Act sells, Licence expires on transfers (otherwise than by way of security for any purpose) or sale or transfer.

otherwise disposes of the vehicle or ship or of any business in respect 23 of 1955, s.

23.

of which such licence was issued, such licence shall, unless any written consent mentioned in section 11 has been endorsed on such licence, expire with effect from the date of such sale, transfer or other disposal, and the vendor or transferor, or person who otherwise disposed of such vehicle or ship or business, shall return to the Licensing Authority the identity certicates and the licences issued under such identity certicates.

15.

(1) The Licensing Authority may hold such inquiries as it Power to hold thinks necessary for the proper exercise of its functions under this Act, inquiries.

23 of 1955, s.23, including inquiries into an applicants reliability and nancial stability, CAP.

404 Transport Licensing Rev.

2009] 16 2 of 2002, Sch.

and the facilities at his disposal for carrying out mechanical repairs.

(2) The Licensing Authority shall have the power to summon any applicant to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of that person.

(3) A summons to attend to give evidence or to produce documents before the Licensing Authority shall be issued under the hand and the direction of the Chairman of the Licensing Authority (4) in every summons under subsection (3) there shall be stated the place where and the time, not being later than seven days after receipt of the summons, when the person summoned is required to attend and the particular documents which he is required to produce, and the summons shall be served on the person mentioned therein either by delivering to him a copy thereof or by leaving a copy thereof with some adult person at his usual or last known place of abode in Kenya, and there shall be paid or tendered to the person so summoned, if he does not reside within four miles of the place of attendance specied in the summons, such sum for his expenses as may be approved by the Minister.

(5) A summons under this section may be served by an ofcer of the Licensing Authority or by a police ofcer.

(6) The provisions of this section shall apply mutatis mutandis with respect to the Appeal Tribunal appointed under section 19 (2) of this Act.

Power to call for 16.

A person applying for a licence under this Act shall, in addition further particulars.

to any particulars which he is required to furnish with his application, 23 of 1955, s.23.

give to the Licensing Authority any information which it may reasonably require for the discharging of its duties in relation to the application and in particular shall, if required by the Licensing Authority, submit to the Licensing Authority such particulars as the Licensing Authority may require with respect to any business as a carrier of passengers or goods for hire or reward carried on by the applicant at any time before the making of the application and of the rates charged or proposed to be charged by the applicant and of the wages and conditions and hours of employment of persons employed in connexion with the vehicles or ships proposed to be used under the licence.

Applicant to furnish 17.

When an application for any type of licence has been approved details of vehicle by the Licensing Authority, the applicant, in those cases where at the within three months.

time of his application he has not yet purchased but intends to purchase 23 of 1955, s.

23.

a vehicle, in respect of which the application was made, must furnish the prescribed details required of such vehicle within three months after the Rev.

2009] Transport Licensing CAP.

404 17 date of approval and if he fails so to do no subsequent application made by the same person for a similar licence, shall, except at the discretion of the chairman, be entertained or adjudicated upon by the Licensing Authority until a period of six months from the date of such application has expired; and the decision of the chairman under this section shall be nal and conclusive.

18.

Notwithstanding anything in this Act contained, where an Applications, if application has been made by any person for a licence under this Act and refused, not to be has been refused, no subsequent application made by the same person entertained again for for a similar licence shall, except at the discretion of the chairman, six months.

be entertained or adjudicated upon by the Licensing Authority until 23 of 1955, s.

22.

a period of six months from the date of such application has expired; and the decision of the chairman under this section shall be nal and conclusive.

19.

(1) Any person who Appeals against decision of Licensing (a) being an applicant for the grant or variation of a licence, Authority.

is aggrieved by the decision of the Licensing Authority on 23 of 1955, s.15, the application; or 8 of 1968, Sch., 2 of 2002, Sch.

(b) having duly made an objection to any such application as aforesaid, being an objection which the Licensing Authority is bound to take into consideration, is aggrieved by the decision of the Licensing Authority thereon; or (c) being the holder of a licence, is aggrieved by the revocation or suspension thereof, may within the time and in the manner prescribed appeal to the Appeal Tribunal appointed under subsection (2); any such appeal shall be accompanied by a non-refundable cash deposit of two thousand shillings.

(2) For the purposes of hearing appeals under this section, there shall be a Transport Licensing Appeal Tribunal (hereinafter referred to as the Tribunal), consisting of a chairman appointed by the President and four other members appointed by the Minister: Provided that, before the Minister makes any appointment under this subsection, every person to be so appointed shall be required to declare whether he has any, and if so what, nancial interest in any transport undertaking operating in Kenya.

(3) The members of the Tribunal shall hold ofce for such term and under such conditions as the Minister may determine.

CAP.

404 Transport Licensing Rev.

2009] 18 (4) Save as may be prescribed, the Tribunal may regulate its procedure and proceedings as it may think t.

(5) Three members of the Tribunal shall form a quorum.

(6) The Tribunal may, on any appeal, afrm or reverse the decision of the Licensing Authority, or make such other order as to the Tribunal appears necessary and just.

(7) Where the Tribunal has received an appeal under this section, it shall peruse the same and, if it considers that the grounds of appeal are frivolous or vexatious or do not disclose sufcient reason for interfering with the decision of the Licensing Authority, may summarily reject the appeal.

(8) Any decision of the Tribunal under this section shall be nal and conclusive.

part IvOFFeNCeS aNd prOSeCutIONS Forgery, etc., of 20.

(1) if, with intent to deceive, any person licences.

(a) forges within the meaning of Chapter XXXiV of the Penal 5 of 1971, Sch., Code, or alters or uses or lends to or allows to be used by any 2 of 2002, Sch., Cap.

63.

other person, a licence, or any document, plate or mark by which the subject of the licence is to be identied as being licensed under this Act; or (b) makes or has in his possession any document, plate or mark so closely resembling a licence, or any such document, plate or mark as aforesaid, as to be calculated to deceive; or (c) alters an entry in a record under section 29, he shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.

(2) if any person, for the purpose of obtaining the grant of a licence to himself or any other person, or the variation of a licence, or for the purpose of preventing the grant or variation of any licence or of procuring the importation of any condition or limitation in relation to a licence, knowingly makes any false statement, he shall be guilty of an offence and liable to a ne not exceeding fty thousand shillings or to imprisonment for a term not exceeding one year, or to both such ne and such imprisonment.

Rev.

2009] Transport Licensing CAP.

404 19 21.

Any person who drives or uses a goods vehicle, motor vehicle Offences.

or ship in contravention of any of the provisions of this Act, or being the 23 of 1955, s.

16, owner of such vehicle or ship permits it to be so used, and any driver 5 of 1971, Sch., or other person in charge of any vehicle or ship, in respect of which 2 of 2002, Sch.

any class of licence has been granted under this Act who drives or uses such vehicle or ship in contravention of any condition of such licence, or being the owner of such vehicle or ship permits it to be so used shall be guilty of an offence and liable to a ne not exceeding fty thousand shillings or to imprisonment for a term not exceeding one year or to both such ne and imprisonment.

22.

All offences under this Act shall be cognizable to the Offences cognizable.

police.

23 of 1955, s.

20.

23.

Where any person has been issued with a licence in respect of Offence for grantee any vehicle or ship under this Act, and he transfers such vehicle or ship to operate vehicle on to any other person by way of security for any purpose, it shall be an grantors licence.

offence, save with the consent of the Licensing Authority, for the grantee 23 of 1955, s.23, to operate such vehicle or ship under the licence issued to the grantor 5 of 1971, Sch., in respect of such vehicle or ship and any person guilty of such offence 2 of 2002, Sch.

shall be liable, in the case of a rst offence, to a ne not exceeding ten thousand shillings, and in the case of a second or subsequent offence to a ne not exceeding twenty thousand shillings.

24.

(Repealed by 5 of 1971, Sch.) part vMISCellaNeOuS prOvISIONS 25.

(1) it is hereby declared that nothing in this Act is to be treated Protection of public as conferring on the holder of a licence of any class any right to the interest.

continuance of any benets arising from the provisions of this Act, or 23 of 1955, s.23.

from a licence, or from any conditions attached to a licence.

(2) The grant of a licence of any class under this Act shall not relieve the holder from complying with the provisions of any law in force in respect to motor vehicle or ships.

26.

(1) Any police ofcer in uniform may stop any vehicle or Power to stop and ship and may inspect any vehicle or ship with a view to ascertaining inspect vehicles.

whether or not the provisions of this Act or of any regulations made 5 of 1971, Sch.

thereunder are being complied with, and may demand for inspection the production of any licence, certicate, document or record of any description whatsoever which may, under the provisions of this Act or of any regulations made thereunder, be required to be carried on such vehicle or ship, and may require the driver or any other person travelling on such vehicle or ship to give such information as such police ofcer may reasonably request in order to ascertain whether or not the CAP.

404 Transport Licensing Rev.

2009] 20 provisions of this Act or regulations are being complied with.

(2) Any person who obstructs any police ofcer in the exercise of the powers conferred on such police ofcer by this section, or fails to comply with any lawful order given by such police ofcer or refuses to give any information when requested so to do by such police ofcer, shall be guilty of an offence and liable, in the case of a rst offence, to a ne not exceeding two thousand shillings, and in the case of a second or subsequent offence to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding one year or to both such ne and imprisonment.

Financial provisions.

27.

(1) All fees payable under this Act and all nes imposed in 2 of 2002, Sch.

respect of offences under this Act or the regulations shall be paid into the Consolidated Fund.

(2) Notwithstanding the provisions of subsection (1), the Licensing Authority may retain such percentage of the monies collected under this section as may be approved by the Treasury for purposes of defraying the expenses of the Authority and the Appeal Tribunal appointed under section 19 (2).

Fees in respect of 28.

Such fees payable at such times and in such manner as the licences.

Minister may prescribe shall be charged by the Licensing Authority in L.N.

343/1956, respect of the grant or variation of licences.

L.N.

173/1960.

Rules in respect of 29.

(1) The Licensing Authority may make rules to provide for the records as to hours keeping by the holder of a licence of current records showing of work, journeys, loads, etc.

(a) as respects every person employed by him as a driver or 23 of 1955, s.

19, statutory attendant of an authorized vehicle, or master of a5 of 1971, Sch., ship, the times at which that person commenced and ceased 2 of 2002, Sch.

work and particulars of his intervals of rest and the like information as respects himself when acting as such a driver or attendant or master; (b) as respects every journey of a vehicle or ship on which goods are carried under the licence, particulars of the journey, of the rates charged and of the greatest weight of goods carried by the vehicle or ship at any time during the period to which the record relates and the description and destination of the goods carried, (c) as respects certain journeys of a vehicle on which passengers are carried, particulars of the passengers travelling on board such vehicle in such form as the Licensing Authority may specify, Rev.

2009] Transport Licensing CAP.

404 21 and such rules may make provisions for requiring drivers of authorized vehicles and masters of ships to carry such documents, and to make such entries therein, as may be prescribed in such rules.

(2) Subject to the provisions of the rules, the Licensing Authority may dispense with the observance, as respects the carriage of goods under a licence granted by it, of any requirements of the rules, and may grant such dispensation either generally or as respects any particular vehicle or ship or as respects the use of vehicles or ships for any particular purpose.

(3) The holder of a licence shall preserve every record kept under the rules for a period of six months, commencing on the date on which the record is made, and for such further period, not exceeding six months, as may be required by the Licensing Authority or a police ofcer not below the rank of Superintendent, and during the period for which he is required by or under this subsection to preserve a record shall, if required so to do at any time by the Licensing Authority or by any person authorized in that behalf by the Licensing Authority or by any person authorized in that behalf by a police ofcer not below the rank of Superintendent, produce the record for the inspection of the Licensing Authority or of the person so authorized.

(4) if any person fails to comply with the provisions of this section or of the rules, he shall be guilty of an offence and liable, in the case of a rst offence, to a ne not exceeding thirty thousand shillings, and in the case of a second or subsequent offence to a ne not exceeding fty thousand shillings or to imprisonment for a term not exceeding one year or to both such ne and imprisonment.

30.

The Minister may make regulations for any purpose for which General power of regulations may be made under this Act and for prescribing anything making regulations.

which may be prescribed under this Act and generally for the purpose 23 of 1955, s.18, of carrying this Act into effect, and, in particular, but without prejudice 39 of 1956, Sch., to the generality of the foregoing provisions, may make regulations with L.N.

343/1956, respect to any of the following matters L.N.

173/1960.

(a) the particulars to be furnished for any of the purposes of this Act; (b) the procedure on applications for, and determination of questions in connexion with, the grant, variation, suspension and revocation of licences; (c) the issue of licences, and the issue of copies of licences in the case of licences lost or destroyed; CAP.

404 Transport Licensing Rev.

2009] 22 (d) the means by which vehicles or ships are to be identied, whether by plates, marks or otherwise, as being authorized for use under this Act; (e) the custody of licences, the production, return and cancellation of licences on expiration, suspension or revocation, and the custody, production and return of documents and plates; and (f) the notication to the Licensing Authority of vehicles or ships which have ceased to be used under a licence, and in the case of vehicles different regulations may be made as respects different classes or descriptions thereof and as respects the same class or description of vehicles in different circumstances.

Rev.

2009] Transport Licensing CAP.

404 23 [ Subsidiary] SUBSIDIARY LEGISLATION Duties, powers and functions delegated under section 3 (15) 1.

To the chairman, the power L.N.

426/1961.

(a) to grant further licences of the same class to take effect upon the expiry of any road service licence, limited B carriers licence, private C carriers licence or inland water transport licence, with or without variation of the conditions attached to such licence: Provided that the chairman may, in his discretion, refer any application for a further licence to the Licensing Authority, and shall so refer any application if he considers that it should be refused, or, in the case of a road service licence or a limited B carriers licence, if any material change in the conditions attached to the licence is considered necessary by him to accord with Government policy; (b) to grant or refuse private C carriers licences and inland water transport licences, or to vary the conditions attached to any such licence: Provided that the chairman may, in his discretion, refer any application for a licence or for the variation of the conditions of any licence to the Licensing Authority; (c) to amend the particulars on any identity certicate due to change of address or to alterations in the specication of a vehicle, certied by a vehicle examiner: Provided that the seating capacity of any passenger carrying vehicle shall not thereby be increased by more than 20 per cent; (d) to authorize the inclusion of additional vehicles or ships on any licence or the removal therefrom of any vehicles or ships under subsection (1) of section 11 of the Act: Provided that the total number of vehicles included in any licence shall not thereby be increased; (e) to approve the transfer of a licence of any class under section 12 of the Act; (f) to suspend a licence of any class under section 13 of the Act for a period not exceeding one calendar month.

2.

To the Executive Ofcer of the Licensing Authority, the power (a) to grant further licences of the same class to take effect upon the expiry of any road service licence, limited B carriers licence, private C carriers licence or inland water transport licence, without CAP24.

404 Transport Licensing [Rev.

2009 [Subsidiary] material variations; (b) to grant private C carriers licences and inland water transport licences; (c) to amend the particulars on any identity certicate due to change of address, or to alterations in the specication of a vehicle, certied by a vehicle examiner: Provided that the seating capacity of any passenger carrying vehicle shall not thereby be increased by more than 20 per cent; (d) to grant short-term licences under subsection (2) of section 10 of the Act for the operation of vehicles for which valid road service licences, limited B carriers licences or private C carriers licences are held.

3.

To every District Commissioner, the power (a) to grant new or further private C carriers licences valid for operation within their own districts only, or within such other area as may be authorized by the chairman; (b) to grant short-term licences under subsection (2) of section 10 of the Act for the operation of vehicles for which valid road service licences, limited B carriers licences or private C carriers licences are held: Provided that no short-term licence shall be issued for operation outside their own districts, save with the consent of the chairman.

4.

To the Ofcer-in-Charge, Road Transport Branch, the power to grant short-term licences under subsection (2) of section 10 of the Act for the operation of vehicles for which valid road service licences or limited B carriers licences are held.

Further delegations to specic individuals have been made by L.N.

331/1968, L.N.

118/1977, L.N.

39/1978 and L.N.

72/1978.

Authorization under section 3 (16) G.N.

1167/1955.

The Registrar of Motor Vehicles and all licensing ofcers appointed Cap.

403.

under section 3 of the Trafc Act are appointed to sign road service licences and A, B and C licences.

Persons, Vehicles and Ships Exempted from all or any of the Provisions of the Act under section 4 (6) The following vehicles and ships are exempted from all the provisions of the Act Rev.

2009] Transport Licensing CAP.

404 25 [ Subsidiary] 1.

Any ship registered under the Fish industry Act.

G.N.

1100/1955.

Cap.

378.

2.

Any vehicle, being a vehicle used by a local authority or a person acting in pursuance of a contract with a local authority which is equipped and used solely for the purpose of road cleansing, road watering or the collection or disposal of refuse, night soil or the contents of cesspools, or for the purpose of any law relating to weights and measures or the sale of food and drugs.

3.

Any vehicle owned by the Government, the Armed Forces or any local authority: Provided that this exemption shall not apply to any vehicle employed in the carriage of goods or persons for hire or reward.

4.

Any vehicle which is equipped and used solely for re ghting purposes.

5.

Any vehicle which is equipped and used solely as an ambulance.

6.

Any vehicle which is being used for the transport of school children, otherwise than for hire or reward.

7.

Every vehicle which is the property of the Food and Agriculture L.N.

223/1961.

Organization of the United Nations (hereinafter referred to as F.A.O.), which carries number plates issued by the F.A.O., and in respect of which a registration card has been issued by the F.A.O.

specifying that it is the property of the F.A.O.

and is being utilized in operations of the F.A.O./United Nations Special Fund Desert Locust Project.

8.

All vehicles, other than those owned and operated by tour operators, L.N.

89/1973.

whose tare weight does not exceed 3,048 kg.

Regulations under section 30 G.N.

1039/1955, THE TRANSPORT LICENSING REGULATIONS L.N.

113/1960, L.N.

203/1960, L.N.

647/1961, L.N.

336/1966, L.N.

131/1967, L.N.

264/1968, L.N.

30/1972, L.N.

98/1976, L.N.

204/1989, L.N.

392/1995, L.N.

125/1996, L.N.

162/1997, L.N.

158/2001, part IprelIMINary L.N.

106/2002, L.N.

78/2003.

1.

These Regulations may be cited as the Transport Licensing Citation.

Regulations.

CAP26.

404 Transport Licensing [Rev.

2009 [Subsidiary] interpretation.

2.

in these Regulations, except where the context otherwise requires application means application for a licence, and includes application for the variation of a licence, and an application for a further licence to take effect on the expiry of a licence; authorised examiner means the Senior Marine Ofcer of the Kenya Ports Authority, or any other person duly appointed by him in writing to examine ships; the holder of a licence means the person to whom the licence was granted and issued; identity certicate means the certicate issued by the Licensing Authority upon approval of an application; Licensing Authority means the Transport Licensing Board established by section 3 of the Act; Tribunal means the Appeal Tribunal constituted under section 19 of the Act.

Fees.

3.

All fees payable under these Regulations shall be in the sums specied in the First Schedule.

part IIapplICatIONS aNd OBjeCtIONS Form of application.

4.

Every application shall be in the form approved by the Licensing Authority and shall be accompanied with a fee of ve hundred shillings which shall not be returnable: Provided that no such fee shall be required for an application for aC Licence.

Signing of 5.

(1) Every application shall be signed with his full name or names by application.

the person requiring the licence.

(2) Where the application is made by a partnership rm, it shall be signed by a partner of the rm, who shall also set out the full name or names of all the partners, and shall be accompanied by the certicate of registration issued to Cap.

499.

such rm under the Registration of Business Names Act.

(3) Where the application is made by a body corporate, it shall be signed by a person duly authorised in that behalf by such body, and shall set out the full name or names of the directors of such body.

Time for application.

6.

An application for a licence may be sent to the Licensing Authority at any time.

Notice of objections.

7.

(1) Every objection in respect of an application shall be in writing in the form approved in the Licensing Authority, and shall be signed by the person Rev.

2009] Transport Licensing CAP.

404 27 [ Subsidiary] making it; and if the objection is made by any body corporate or partnership rm it shall be signed by a person duly authorised in that behalf by such body, or by a partner of the partnership rm, as the case may be.

(2) Every objection in respect of an application shall be lodged with the Licensing Authority and the District Commissioner of the district in which such application is to be heard, and a copy thereof shall be sent to the applicant not less than seven days before the date of the meeting at which such application is to be heard.

(3) The Licensing Authority may in its discretion consider objections notwithstanding that the requirements of this regulation have not been complied with.

8.

(1) Every application in respect of a ship shall be accompanied by a Certicate of certicate of seaworthiness, signed by an authorised examiner.

seaworthiness to be (2) The fee payable to an authorised examiner for examining a ship shall submitted.

be the sum specied in the Schedule to these Regulations, and no additional fee shall be payable for the issue of a certicate of seaworthiness.

9.

(1) Every person applying for an A licence or aB licence shall, at the Procedure on same time as he makes application, specify to the Licensing Authority application for A or B (a) the purpose for which such licence is required; licence.

(b) the facilities for transporting goods which he intends to provide for other persons under the licence,and, in particular, details of the district or area within which, or the route or routes over which, he proposes to use the vehicle or vehicle the subject of such application; (c) the rates which it is proposed to charge such persons making use of such facilities; and (d) such further details, including details of the vehicles or trailers the subject of such application, as the Licensing Authority may require.

(2) A separate application shall be made in respect of each permanent base or centre from which it is intended that the authorised vehicles will normally be used: Provided that, where applications are made by a person for an A licence or aB licence in respect of two or more bases or centres, the Licensing Authority may, if it thinks t, grant a single licence in respect of those applications or any of them.

10.

Every person applying for aC licence shall, at the same time as he Procedure on makes application, specify to the Licensing Authority application for C (a) the purpose for which such licence is required; licence.

CAP28.

404 Transport Licensing [Rev.

2009 [Subsidiary] (b) the area within which it is proposed to use the vehicle if the licence is granted; and (c) such further details, including details of the vehicle or vehicles the subject of such application, as may be required by the Licensing Authority.

Procedure on 11.

Every person applying for a road service licence shall, at the same application for road time as he makes application, specify to the Licensing Authority the route or service licence.

routes over which it is proposed that the vehicle or vehicles the subject of such application should operate, together with the proposed times of operation, and the fares with which it is intended to charge persons making use of the said vehicle or vehicles; and shall, when so required by the Licensing Authority, submit to the Licensing Authority such further details, including details of the vehicle or vehicles the subject of such application, as may be required by the Licensing Authority.

Procedure on 12.

Every person applying for an inland water transport licence shall, at application for the same time as he makes application, specify to the Licensing Authority inland water transport licence.

(a) such details of the ship or ships the subject of such application as the Licensing Authority may require, including information on the method by which each ship is powered; (b) the total number of crew which it is intended that each ship shall carry; (c) the route or area on or within which, and the places between which, it is proposed that each ship operate; and (d) the maximum number of passengers, or the maximum volume and tonnage of goods, both, which it is intended that each such ship shall be permitted to carry at any one time.

part IIIpOwerS aNd dutIeS OF the lICeNSING authOrIty Notices of meetings 13.

The Licensing Authority shall, not less than fourteen days before to be published by holding a meeting under subsection (10) of section 3 of the before holding a icensing Authority.

meeting under subsection (10) of section 3 of the Act, cause to be published in the Gazette and in a newspaper circulating in the district in which such meeting is to be held a notice stating the date, time and place of the meeting, and, in the Gazette only, a list of all applications which will be considered by the Licensing Authority at the meeting: Provided that it shall not be necessary to include in the list of applications an application for the grant of a further licence to take effect on the expiry of a licence, unless an objection has been validly made in respect thereof and lodged not later than the 7th December in the year in which the application is made.

Licensing Authority 14.

it shall be the duty of the Licensing Authority, on an application to take into for a licence, to take into consideration any objection made under regulation consideration 7, except objections.

Rev.

2009] Transport Licensing CAP.

404 29 [ Subsidiary] (a) an objection to an application in respect of which the Licensing Authority of the opinion that, having regard to the trivial character of such an application, it is not necessary that any opportunity should be given for objection thereto, and (b) an objection to an application under subsection (2) or subsection (3) of section 10 of the Act where, in the opinion of the Licensing Authority, the application was made with reasonable expedition and the demand for the use of the vehicle to authorised under the licence applied for is so urgent as to render compliance with the requirements of this regulation impracticable.

15.

(1) The Licensing Authority shall have full power in its discretion Discretion of to grant or to refuse to grant a licence in respect of a motor vehicle other than Licensing Authority that of which particulars have been submitted to the Licensing Authority, or in granting licence.

in respect of motor vehicles or trailers less in number than, or differing in type from, those for the use of which the application was made.

(2) The Licensing Authority in the exercise of its discretion shall, in particular, have regard (a) where the applicant is the holder of an existing licence of the same class, to the extent to which he is authorised use authorised vehicles thereunder for the carriage of goods or passengers for hire or reward; (b) to the previous conduct of the applicant in the capacity of a carrier of goods or passengers; (c) to the number and type of vehicles or ships proposed to be used under the licence; and (d) in determining the number of vehicles to be authorised, to the need for providing for occasions when such authorised vehicles are withdrawn from service for overhaul or repair, and, in the case of an application for aB licence, also to the extent to which the applicant intends that the vehicles proposed to be used under the licence shall be used for the carriage of goods for hire or reward.

(3) The Licensing Authority shall, in the exercise of its discretion to grant or to refuse any application or to grant a licence subject to such conditions as it may see t to impose, have regard to whether the applicant is a citizen of Kenya or, if the applicant is a company, to whether the members and employees of that company are citizens of Kenya.

16.

The Licensing Authority may attach to any identity certicate or Power to impose licence a condition limiting the number of persons who may be carried on any conditions in vehicle in respect of which any such licence is issued.

licences.

CAP30.

404 Transport Licensing [Rev.

2009 [Subsidiary] Discretion of 17.

(1) On an application for a road service licence, the Licensing Licensing Authority Authority shall not grant such licence if it appears to it from the particulars to grant or refuse furnished in pursuance of regulation 11 that the provisions of the Trafc Act road service licence.

relating to the speed of motor vehicles are likely to be contravened, and, in the Cap.

403.

exercise of its discretion to grant or refuse a road service licence in respect of any route and in its discretion to attach any condition to any such licence, shall have regard to the following matters (a) the suitability of the routes on which a service may be provided under the licence; (b) the extent, if any, to which the needs of the proposed routes or any of them are already adequately served; (c) the extent to which the proposed service is necessary or desirable in the public interest; and (d) the needs of the areas through which the proposed routes or any of them pass as a whole in relation to trafc(including the provisions of adequate suitable and efcient services, the elimination of unnecessary services and the provision of un remunerative services) and the co-ordination of all forms of passenger transport, including transport by rail, and shall take into consideration any representations or objections which may be made in the prescribed manner by persons who are already providing transport facilities along or near to the routes or any part thereof or by any local authority in whose areas any of the routes is situate.

(2) The Licensing Authority may attach to any road service licence a condition permitting the carriage of goods for hire or reward upon or within any authorised vehicle the subject of such licence.

(3) Permission shall not be given by the Licensing Authority for the carriage of a weight of goods which, together with the maximum weight of personal baggage, exceeds the total weight permitted to be carried by such vehicle by the Trafc Act: Provided that in calculating the said maximum weight of personal baggage it shall be assumed that the total number of adult passengers traveling in the authorised vehicle concerned is the maximum number which such vehicle is permitted to carry.

Discretion of 18.

On an application for a licence for a goods vehicle and in exercise of Licensing Authority its discretion to grant or refuse such an application or to grant a licence subject to grant or refuse to such conditions as it may see t to impose, the Licensing Authority shall licence for goods have regard to the interests of the railway.

vehicle.

part IvlICeNCeS aNd IdeNtIty CertIFICateS issue of identity 19.

(1) An identity certicate shall be issued to every person in respect certicates and of each application which has been approved by the Licensing Authority, other licences.

Rev.

2009] Transport Licensing CAP.

404 31 [ Subsidiary] than an application for an inland water transport licence, and the holder of such certicate shall, within twenty-one days, pay the specied fee or fees to the ofcer denoted on such certicate, who shall thereupon issue to him a licence in respect of each authorised vehicle.

(2) An identity certicate shall be in the form approved by the Licensing Authority.

(3) During such time as any motor vehicle is being used under a licence, its owner shall cause the appropriate identity certicate to be carried in a frame in the cab of the said vehicle and the said licence to be afxed in a visible position upon the windscreen and both to be maintained in a clean and legible condition.

20.

(1) Where an application for an inland water transport licence has issue of inland water been approved by the Licensing Authority, the person making the application transport licence.

shall within twenty-one days of the date of notication of such approval pay the specied fee or fees to the person denoted in such notication, who shall thereupon issue to him a licence in respect of each authorised ship.

(2) During such time as any ship is being used under a licence, its owner shall cause the appropriate licence to be carried in a frame on the ship and maintained in a clean and legible condition.

21.

it shall be a condition of the issue of any road service licence Conditions of issue of road service (a) that a chart showing the times of operations and the fares authorised licence.

by the Licensing Authority shall be prominently exhibited in English and Kiswahili in every authorised vehicle being used under such licence; and (b) that every passenger travelling upon an authorised vehicle being used under such licence shall be given a ticket or receipt in respect of every fare paid by him.

22.

Licences issued by the licensing Authority shall be in the form Forms of licences.

L.N.

158/2001.

specied in the Second Schedule to these Regulations.

22A.

Licences issued by the licensing Authority shall be printed in a circular in a security printed disc in the manner specied in the Third Schedule to these Regulations.

23.

if during the currency of the licence the holder thereof changes his Change of address.

address, he shall, within seven days after the date of such change, notify such change to the Licensing Authority.

issue of duplicate 24.

(1) If any licence or identity certicate has during the currency thereof been lost, destroyed or defaced, the holder thereof shall forthwith licences or identity certicates.

notify the Licensing Authority, who shall, if satised that it has been so lost, destroyed or defaced, cause a duplicate (so marked) to be issued to such holder upon payment of the specied fee or fees, and such duplicate shall have the same effect as the original licence or identity certicate: CAP32.

404 Transport Licensing [Rev.

2009 [Subsidiary] Provided that, in the case of any licence or identity certicate which has been defaced, the Licensing Authority may, before causing a duplicate to be issued, call for the return of the original licence or identity certicate.

(2) Where a licence or identity certicate which has been lost and replaced is recovered, the original licence or identity certicate shall be returned to the Licensing Authority forthwith.

Return of licences 25.

(1) if a licence is suspended or revoked, or if a direction has been and identity given under subsection (4) of section 13 of the Act in respect of a licence, the holder thereof shall, within seven days after a notice to that effect has been certicates to Licensing Authority.

delivered to him personally or sent to him by registered post at the address shown in his application or last notied in accordance with regulation 23, send or deliver such licence, together with the relevant identity certicate, to the Licensing Authority for retention during the time of suspension, or for cancellation or alteration, as the case may be, and the Licensing Authority shall, on the removal of a suspension, or after alteration, return the licence and identity certicate to the holder.

(2) if during the currency of a licence the holder thereof disposes, either by sale or exchange, of any vehicle specied therein, or otherwise ceases to be the owner of any such vehicle, he shall, within seven days thereafter, notify the Licensing Authority and return the licence to it for amendment or cancellation, as the case may be, together with the relevant identity certicate.

(3) Where the holder of a licence has been notied that a variation in the terms of the licence has been approved by the Licensing Authority, he shall remove from the authorised vehicle the said licence and the identity certicate, and shall return them for variation to the Licensing Authority within seven days of such notication.

Death, bankruptcy, 26.

Where, owing to the death, incapacity, bankruptcy or liquidation of etc.

of holder of a the holder of a licence or to the appointment or a receiver of manager in relation licence.

to his business, such holder ceases to be the user of any authorised vehicle, the person carrying on the business of the holder shall be deemed to be the holder of the licence if (a) within fourteen days thereafter notice that the holder has ceased to be the user of such authorised vehicle and the reason therefor, and the name of the person by whom the business is being carried on, are sent to the Licensing Authority; and (b) within one month after sending of such notice an application for a new licence is duly made: Provided that the period during which such person shall be deemed to be the holder of the licence shall in no case extend beyond the date on which the licence would have expired but for the occurrence of the said event, and shall terminate immediately the application is disposed of.

Rev.

2009] Transport Licensing CAP.

404 33 [ Subsidiary] part vappealS 27.

in any case in which the Licensing Authority refuses to grant a Written reasons for licence, or grants a licence which differs from the licence applied for, or attaches decision.

conditions to which the applicant does not agree, the Licensing Authority shall, if requested by the applicant, stage in writing the reasons for its decision.

28.

(1) Every appeal under section 19 of the Act shall be set out in the Memorandum and form of a memorandum signed by the appellant or by his advocate, if any, notice of appeal.

and shall be presented, together with six copies thereof, to the Registrar of the Tribunal within twenty-one days from the date of notication of the decision of the Licensing Authority.

(2) Notice shall be given of every appeal by the appellant or by his advocate, if any, to the Registrar of the Tribunal within ten days from the date of notication of the decision of the Licensing Authority.

29.

The memorandum of appeal shall set forth, concisely and under Form of distinct heads, which shall be numbered consecutively, the grounds of objection memorandum.

to the decision of the Licensing Authority without any argument or narrative.

30.

The appellant shall, at the time of presenting his memorandum of Service of copies of appeal, or as soon thereafter as possible, serve upon every other person who memorandum.

was a party to the proceedings before the Licensing Authority in respect of which the appeal is lodged, either by personal service or by registered post, a copy of the memorandum of appeal.

31.

Where a memorandum of appeal is received by the Tribunal, the Tri bunal shall, if it does not summarily reject the appeal under subsection (7) Tribunal to x day for hearing and to of section 19 of the Act, xa day for the hearing of the appeal, and shall cause give notice notice thereof to be served upon the appellant and upon every other person who has been served with a copy of the memorandum of appeal under regulation 30 or upon their advocates, either by personal service or by registered post.

32.

The appellant shall not, except with the leave of the Tribunal, urge or Grounds of objection be heard in support of any ground of objection not set forth in the memorandum in memorandum.

of appeal: Provided that the Tribunal in deciding the appeal shall not be conned to the grounds of objection set forth in such memorandum.

33.

On the day xed, or on any other day to which the Tribunal may hearing of appeal.

adjourn the hearing, the appellant shall be heard in support of his appeal; the Tribunal shall then, if it does not dismiss the appeal, at once hear against the appeal any other person who has been served with a copy of the memorandum of appeal under regulation 30, and the appellant shall be entitled to reply.

34.

Where on the day xed, or on any other day to which the Tribunal Non-appearance of may adjourn the hearing, the appellant does not appear when the appeal is called appellant or parties.

for hearing, the Tribunal may make an order that the appeal be dismissed, and if the appellant appears, but any person served with a copy of the memorandum of appeal under regulation 30 does not appear, the appeal may be heard in his absence.

CAP34.

404 Transport Licensing [Rev.

2009 [Subsidiary] Advocates.

35.

The parties to any appeal may be heard either in person or by advocate.

part vIapplICatION FOr Further lICeNCeS Application for grant 36.

(1) At any time not later than one month before the expiry of a licence of further licences.

granted under the Act, the holder thereof may apply to the Licensing Authority for the grant of a further licence of the same class to take effect upon the expiry of such rst-mentioned licence.

(2) in the case of a ship, every application under paragraph (1) shall be accompanied by a certicate of seaworthiness, signed by an authorised examiner.

(3) The fee payable for the grant of a further licence shall be the sum specied in the Schedule hereto for the grant of a licence of the same class as such further licence, and the fee payable to an authorised examiner for examining a ship shall be the sum specied in the Schedule hereto, and no additional fee shall be payable for the issue of a certicate of seaworthiness.

L.N.

204/1989, FIRST SCHEDULE (r.

3) L.N.

392/1995, L.N.

125/1996, L.N.

162/1997, Licence Type Fee (Kshs) L.N.

106/2002, 1.

Road Service Licence L.N.

78/2003.

(a) For vehicles with a passenger capacity of 5 up to 71,500.00 (b) For vehicles with a passenger capacity of 8 up to 18 2,000.00 (c) For vehicles with a passenger capacity of 19 up to 25 2,500.00 (d) For vehicles with a passenger capacity of over 26 3,000.00 (e) for buses within standing capacity 3,000.00 2.

B Carriers Licence (a) For vehicles under 3048 Kg 1,500.00 (b) For vehicles over 3048 Kg 1,500.00 3.

C Private Carriers Licence (a) For vehicles under 3048 Kg 1,500.00 (b) For vehicles over 3048 Kg 2,000.00 4.

Application fee 625.00 Rev.

2009] Transport Licensing CAP.

404 35 [ Subsidiary] SECOND SCHEDULE r.

22 L.N.

158/2001.

FOrM 1 ROAD SERVICE LICENCE (R.S.L.) (Section 5 (1) (a) (i)) ORiGiNAL REPUBLiC OF KENYA ThE TRANSPORT LiCENSiNG ACT (Cap.

404) Cheque No.

Cash.

TLB File No.

.

STATiON.

iSSUiNG OFFiCER.

NoteThis licence is not transferable except with the written consent of the licensing authority.

CAP36.

404 Transport Licensing [Rev.

2009 [Subsidiary] (REVERSE) SURRENDER OF LiCENCE This licence may be surrendered at any time during its currency to a licensing ofcer at the station of issue and a 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 preceding 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.

_ Rev.

2009] Transport Licensing CAP.

404 37 [ Subsidiary] FOrM 2L.N.

158/2001.

B.B.

LICENCE (Section 5 (1) (a) (ii)) ORiGiNAL REPUBLiC OF KENYA ThE TRANSPORT LiCENSiNG ACT (Cap.

404) Cheque No.

.

Cash TLB File No.

.

STATiON.

iSSUiNG OFFiCER.

Note.This licence is not transferable except with the written consent of the licensing authority.

CAP38.

404 Transport Licensing [Rev.

2009 [Subsidiary] (REVERSE) SURRENDER OF LiCENCE This licence may be surrendered at any time during its currency to a licensing ofcer at the station of issue and a 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 preceding 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.

_ Rev.

2009] Transport Licensing CAP.

404 39 [ Subsidiary] FOrM 3c.

Licence (Section 5 (1) (a) (iii)) ORiGiNAL REPUBLiC OF KENYA ThE TRANSPORT LiCENSiNG ACT (Cap.

404) Cheque No.

.

Cash.

TLB File No.

STATiON.

iSSUiNG OFFiCER.

NoteThis licence is not transferable except with the written consent of the licensing authority.

CAP40.

404 Transport Licensing [Rev.

2009 [Subsidiary] (REVERSE) SURRENDER OF LiCENCE This licence may be surrendered at any time during its currency to a licensing ofcer at the station of issue and a 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 preceding 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.

L.N.

158/2001.

THIRD SCHEDULE MANNER OF PRiNTiNG OF LiCENCES FOrM 1rOad ServICe lICeNCe (r.S.l.) Sky blue with background of yellow, brown, grey and blue.

Fine line pattern background comprising four colours which merge into each other.

it is circular with expiry date printed in bold letters cutting horizontally across the circle.

Coat of Arms on the upper part in yellow with background of brown.

The lower part is grey with a hologram on the right side.

Conditions attached to licence printed at the back of the licence.

Form 2B Limited Carriers LiCenCe (B) Orange with background of yellow, brown, grey and brown.

Fine line pattern background comprising four colours which merge into each other.

it is circular with expiry date printed on bold letters cutting horizontally across the circle.

Coat of Arms on the upper part in yellow with background of brown.

The lower part is grey with a hologram on the right side.

Conditions attached to licence printed at the back of the licence.

Form 3C Private Carriers LiCenCe (C) Red with background of yellow, brown and grey.

Fine pattern background comprising four colours which merge into each other.

it is circular with expiry date printed in bold letters cutting horizontally across the circle.

Coat of Arms on the upper part in yellow with background of brown.

The lower part is grey with a hologram on the right side.

Conditions attached to licence printed at the back of the licence.

3.

Upon the commencement of these Regulations, the licenses currently in use shall remain valid until the date of expiry.

.