Act No: No. 33 of 2012
Act Title: NATIONAL TRANSPORT AND SAFETY AUTHORITY
SUBSIDIARY LEGISLATION
Arrangement of Sections
NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF PUBLIC SERVICE VEHICLES) REGULATIONS, 2013
[L.N. 219/2013.]

[Revoked by L.N. 23/2014, r. 17.]

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF PUBLIC SERVICE VEHICLES) REGULATIONS, 2014

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Application of the Regulations.

4.

Public Service Vehicle to be Licensed.

5.

Conditions to be met by applicants.

6.

Documents to be submitted with the application.

7.

Operation of PSV vehicles.

8.

Reporting.

9.

Commuter services.

10.

Long distance passengers PSVs.

11.

Operation of long distance passenger service.

12.

Conditions for night time long distance passenger services.

13.

Insurance.

14.

Appeals.

15.

Offences and penalties.

16.

Commencement of Regulation 11.

17.

Revocation of Legal Notice 219 of 2013.

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF PUBLIC SERVICE VEHICLES) REGULATIONS, 2014
[L.N. 23/2014, L.N. 75/2014, L.N. 179/2014.]
1.
Citation

These Regulations may be cited as the National Transport and Safety Authority (Operation of Public Service Vehicles) Regulations, 2014.

3.
Application of the Regulations
(a)

These Regulations shall apply to all public service vehicles operating on a public road in Kenya.

4.
Public Service Vehicle to be Licensed

A person shall not operate a public service vehicle without a valid license issued by the Authority.

5.
Conditions to be met by applicants
(1)

A person desirous of operating public service vehicles shall be a member of a body corporate which shall—

(a)

be licensed to operate if the body corporate owns a minimum of thirty serviceable vehicles registered as public service vehicles or in respect to which an application for a licence has been or is to be lodged with the Authority;

(b)

have in its employment a staff complement which must include at a minimum—

(i) a driver in respect to each public service vehicle;
(ii) an inspector for each route on which the public service vehicle is intended to operate;
(iii) an office manager;
(iv) an accounts clerk; and
(v) a qualified mechanic or a contract under which the services of a mechanic are outsourced;
(c)

have in place a code of conduct approved by the Authority governing its employees, agents and sub-contractors;

(d)

have in place a documented management system, safety management system based on ISO 39001:2012 “Road Traffic Safety Management Systems” or equivalent and customer complaints handling system;

(e)

comply with labour laws and regulations including in respect to statutory deductions, health and safety of the workplace, Work Injuries Benefits Act (No. 13 of 2011) insurance, statutory leave days and written contracts of employment for staff; and

(f)

where it operated public service vehicles licensed under these Regulations in the immediately preceding calendar year fully complied with the requirements of these regulations in the immediately preceding year.

(2)

The Authority may—

(a)

refuse to issue a public service vehicle licence to an applicant who fails to comply with any of the minimum conditions stipulated in sub-regulation (1);or

(b)

at its discretion issue a licence conditional on the requirement that the applicant demonstrates compliance within a stipulated period failing which the licence shall be withdrawn upon the expiry of the stipulated period.

6.
Documents to be submitted with the application

A person applying to for a licence shall submit to the Authority certified copies of—

(a)

certificate of registration as a company under the Companies Act (Cap. 486), or a cooperative society under the Co-operative Societies Act (Cap. 490);

(b)

a list of its directors and senior management officers;

(c)

a lease or certificate of ownership of the head office from which it is operating or intends to operate the public service vehicle business;

(d)

audited accounts in respect of the immediate preceding financial year;

(e)

Personal Identification Number certificate issued by the Kenya Revenue Authority;

(f)

a tax compliance certificate issued by the Kenya Revenue Authority;

(g)

where the vehicle was previously operated by a licensee other than the operator applying for its licensing, a letter of no objection issued by the previous licensee;

(h)

a description of the operator’s management system, safety management system and customer complaints handling system;

(i)

an inventory of the equipment and facilities available to the operator for the operation of the passenger transport service;

(j)

the code of conduct for the employees, agents and sub-contractors;

(k)

a list of the staff it has in its employment and their job descriptions and qualifications;

(l)

the contracts of the drivers of the public service vehicle in respect to which the application for the licences is being made;

(m)

the driving licence, identity card, and certificate of good conduct of each person who shall drive the public service vehicles in respect to which the application for the licences is being made;

(n)

a valid certificate of road worthiness issued by the Authority of each vehicle in respect to which an application is being made;

(o)

the certificate of ownership or other evidence of ownership in the name of the owner of the vehicle or a contract or franchise agreement between the applicant and the operator or intended operator of the vehicle; and

(p)

the current third party insurance with an insurer which meets minimum conditions prescribed by the Authority.

8.
Reporting.

Every operator of a public service vehicle shall submit a report to the Authority on a quarterly basis with particulars of—

(a)

any accidents in which any of the vehicles it is operating may have been involved during the reporting period and shall attach a certified copy of the report of its investigation of the cause of each accident and action taken in respect to each accident;

(b)

the number and nature of passenger complaints received during the reporting period and action taken in respect to each complaint;

(c)

any members who have ceased to be its members during the reporting period, if any;

(d)

the vehicles which may have been added or removed from the list of vehicles it is operating during the reporting period;

(e)

any drivers who may have ceased to be employees during the reporting period and the reasons; and

(f)

the traffic offences committed by the drivers during the reporting period and the penalties imposed against the body, the drivers or other employees during the reporting period.

10.
Long distance passengers PSVs
(1)

A person shall not operate a long distance night time passenger service vehicle without a valid license issued by the Authority.

(2)

A person applying for a long distance night passenger service licence shall specify—

(a)

whether the service is intended to be offered during the day only; or

(b)

during both daytime and night time.

11.
Operation of long distance passenger service

Every operator of a long distance passenger service vehicle shall—

(a)

have in place or outsource a fleet management system capable of recording speed and location of the vehicle at any one time;

(b)

subscribe to a data storage system capable of storing data on vehicle speed, location and operation for a period of thirty days and when required by the Authority provide the data to the Authority before the expiry of the prescribed storage period;

(c)

before the commencement of each journey arrange for the taking of a passenger manifest;

(d)

operate or subscribe to an outsourced control centre;

(e)

ensures that, except for small parcels and letters, the long distance passenger vehicle does not carry cargo other than luggage accompanying a passenger travelling on the bus and carried either as hand luggage to be placed in the overhead lockers on board the bus or in the hatch under the vehicle;

(f)

ensures that, except for courier services, the long distance passenger vehicle does not operate as a commercial cargo carrier and does not have a cargo carrier mounted on the roof; and

(g)

ensure or subscribes to an accident and emergency mutual aid system.

12.
Conditions for night time long distance passenger services
(1)

Every operator of a night time long distance passenger service shall—

(a)

employ drivers certified by the Authority to drive on the particular route or routes at night time and meets conditions imposed by the Authority;

(b)

ensure that no driver driving a long distance night time passenger public service vehicle works for a period exceeding eight hour night in a shift;

(c)

ensure that a person driving a long distance night time passenger service takes a break of a minimum of eight hours before the next night shift;

(d)

plan the journey in a manner that allows for a thirty minute refreshment break for both the driver and passengers at an appropriate location or facility every three to four hours in the course of the journey; and

(e)

employ two drivers for each vehicle.

13.
Insurance

A person shall take out an insurance cover for a public service vehicles where the Insurance company—

(a)

is licensed by the Insurance Regulatory Authority under the Insurance Act to provide that category of insurance;

(b)

submits to the Authority a report on claims made in respect to accidents involving public service vehicles it has insured and compensation paid in the immediately preceding year; and

(c)

submits to the Authority its customer service charter and claims payment policy.

14.
Appeals

A person aggrieved by the decision of the Authority taken under these Regulations may within fourteen days of receiving the decision appeal to the Appeals Board.

15.
Offences and penalties
(1)

A person who—

(a)

operates a public transport vehicle without a valid licence issued by the Authority in respect to that vehicle;

(b)

drives a public service vehicle in breach of any provision of these regulations; or

(c)

provides false information to the Authority,

commits an offence and is liable on conviction to a fine not exceeding Fifty Thousand Shillings or to imprisonment for a term not exceeding one year or, both.

(2)

The Authority may in addition to any other penalty prescribed under these Regulations—

(a)

cancel or withdraw the licence of a public service vehicle operated by an operator who has been convicted of an offence under these Regulations;

(b)

cancel or revoke the license or certificate of a driver who has been convicted of an offence under these Regulations;

(c)

where it deems necessary order that all vehicles belonging to the SACCO or Company involved be subjected to inspection.

16.
Commencement of Regulation 11

Regulation 11 shall come into operation on the Fifteenth day of April, 2014.

17.
Revocation of Legal Notice 219 of 2013

Legal Notice No. 219 of 2013 (L.N. 219/2013) is revoked.

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF MOTORCYCLES) REGULATIONS, 2015
[L.N. 19/2015.]
1.
Citation and Commencement
(1)

These Regulations may be cited as the National Transport and Safety Authority (Operation of Motorcycles) Regulations, 2015 and shall come into force upon publication in the Gazette.

(2)

Notwithstanding the provisions of paragraph (1), regulations 5 (b) and 9 shall come into force on the 1st January, 2016.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the National Transport and Safety Authority Act, 2012;

"Authority" means the National Transport and Safety Authority established under section 3 of the Act;

"Cabinet Secretary" has the meaning assigned to it under the Act;

“corporate body" means a limited liability company registered under the Companies Act (Cap. 486) and includes a cooperative society registered under the Cooperative Societies Act (Cap. 490) and a society registered under the Societies Act (Cap. 108);

“licence” means a driving licence issued by the Authority under the Act;

"two wheeled motorcycle" means any mechanically propelled vehicle with two wheels the weight of which unladen does not exceed eight hundred kilograms;

"three wheeled motorcycle" means any mechanically propelled vehicle with three wheels the weight of which unladen does not exceed eight hundred kilograms;

"two wheeled motorcycle Taxi" means a two wheeled motorcycle used for the purpose of carrying or ferrying of a passenger for reward or hire;

"three wheeled motorcycle Taxi" means a three wheeled motorcycle used for the purpose of carrying or ferrying of a passenger for reward or hire;

"motorcycle" means any mechanically propelled vehicle with less than four wheels the weight of which unladen does not exceed eight hundred kilograms;

"owner" means the registered owner of a motorcycle;

"ride" means to operate, manage or to be in control of a motor cycle;

"rider" means the person operating or person in control of a motorcycle;

"Third Party Motor Vehicle Insurance" means an insurance policy by that name issued in respect to a motorcycle pursuant to the provisions of the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405);

"Third Party Public Service Vehicle Insurance" means an insurance policy by that name issued in respect to a motorcycle pursuant to the provisions of the Insurance (Motor Vehicles Third Party Risks) Act (5).

3.
Application of the Regulations

These Regulations shall apply to all motorcycles operating on a public road in Kenya.

4.
Protective Gear

No motorcycle shall be sold or transferred by any person without the following protective gear —

(a)

two helmets which comply with the standards established by the Kenya Bureau of Standards and which shall have the registration number indelibly printed in letters not less than three inches in height on both sides of the helmet;

(b)

two reflective jackets which shall have the registration number of the motorcycle indelibly printed in letters not less than four inches in height on the back of the jacket.

(2)

A person desirous of transferring a motorcycle must present physical proof of compliance with regulation 4 (1) to the Authority.

(3)

No supplier, distributor or person involved in the business of selling motorcycles in Kenya shall sell, distribute or otherwise convey a motorcycle without the protective gear described in regulation 4.

(4)

For Purposes of this regulation the term "reflective jacket" shall also mean a reflective vest.

5.
Responsibilities of Owners

Every owner of a two wheeled motorcycle shall —

(a)

provide the rider and passenger with the protective gear stipulated in regulation 4 (1);

(b)

ensure that the helmets provided under (a) are yellow if the two wheeled motorcycle is a taxi;

(c)

not cause or permit any person to ride their motorcycle unless such person is the holder of a valid driving licence or a valid provisional licence endorsed in respect of that class of motorcycle;

(d)

for private motorcycles, ensure that the motorcycle is at the very minimum insured against third party risks in accordance with the Insurance (Motor Vehicles Third Party Risks) Act, 5;

(e)

for two wheeled motorcycle taxi, ensure that motorcycle has a Third Party Public Service Vehicle Insurance;

(f)

ensure that no structural modifications to the motorcycle are undertaken that may affect the safe operation of the motorcycle;

(g)

ensure that no structural modifications to the motorcycle are undertaken that may obstruct the visibility of the rear number plates;

(h)

ensure that no modifications to the exhaust system or any other noise abatement device of a motorcycle are done so as to cause the noise emitted by the motorcycle to be above that emitted by the motorcycle as originally manufactured.

6.
Responsibilities of a Rider

Every rider of a motorcycle shall —

(a)

have a valid driving license issued by the Authority;

(b)

ensure that they shall not ride or carry a person on a motor cycle without the prescribed protective gear properly fastened;

(c)

not carry more than one person at a time;

(d)

ensure that passengers are carried on a proper seat with foot rests securely fixed to the motor cycle behind the rider's seat;

(e)

ensure that a passenger sits astride the motor cycle;

(f)

ensure that the headlights of the motorcycle are on at all times when riding;

(g)

ensure that loads and passengers are not carried at the same time;

(h)

keep the protective gear in a clean, dry and generally wearable condition;

(i)

ensure that the rear number plates are visible at all times;

(j)

overtake on the right hand side and not to overtake in the same lane occupied by vehicle being overtaken;

(k)

observe traffic lights;

(l)

observe all traffic rules;

(m)

not park in undesignated areas.

7.
Responsibilities of a Passenger
(1)

Every passenger in a motorcycle shall —

(a)

properly wear a helmet and reflective jacket whenever being carried on a motorcycle;

(b)

not board or be carried on a motorcycle that already has a passenger except as provided by Regulation 7 (2) (a);

(c)

not board or be carried on a motorcycle that is carrying any load;

(d)

sit astride in the seat fixed behind the rider’s seat.

(2)

For the purposes of these Regulations —

(a)

a child who is less than thirteen years old may be carried together with an adult provided the child is seated between the rider and the adult and wears a helmet designed for children;

(b)

persons with disabilities will be exempted from the requirement to sit astride while being carried on a motorcycle.

8.
Carriage of Loads
(1)

A motorcycle rider shall not carry a load —

(a)

whose width projects more than fifteen centimeters beyond the outside end of the handle bars;

(b)

whose height is more than two metres from the ground;

(c)

whose weight is more than thirty kilograms for a motorcycle whose carrying capacity does not exceed fifty cc and kilograms for a motorcycle whose carrying capacity does not exceed four hundred cc;

(d)

which projects to the rear beyond the maximum overall length of the motorcycle by more than sixty centimeters. The rear extremity of the load must be plainly indicated by a conspicuous red marker during the day and by a red light at night.

(2)

The rider of a motorcycle carrying loads shall ensure that no part of the load carried drags on the road.

(3)

For the purpose of this regulation the term “load” excludes luggage carried by a passenger provided such luggage does not exceed ten kilograms in weight and does not project more than fifteen centimeters beyond the outside end of the handle bars.

(4)

The luggage in sub-regulation (3) may be carried together with the passenger provided the luggage is properly secured between the rider and the passenger.

9.
Membership in a body corporate
(1)

Any person engaging in business of motorcycle taxis services shall be a member of a body corporate which shall have a minimum of one hundred motorcycle taxis.

(2)

) For two wheeler motorcycle taxis, the name of the group or sacco which they are members of must be indelibly printed in letters not less than four inches in height on the back of both jackets.

10.
Requirements for operation of three wheeled motorcycles taxi

Every three wheeled motorcycle taxi shall —

(a)

be fitted with a seat belt for the rider and a seat belt per seating position for passengers;

(b)

have covered body;

(c)

have painted on both sides and on the rear, a broken horizontal yellow band having a width of one hundred and fifty millimeters and of a consistency sufficient to enable such band to be clearly visible by day at a distance of two hundred and seventy five meters;

(d)

no part of the motorcycle, whether unladen or laden, other than the driving mirror or direction indicators, shall project more than fifteen centimeters, beyond the outside wall of the outmost rear tyre;

(e)

have at the minimum a motor commercial public service vehicle insurance cover.

11.
Responsibility of owners

Every owner of a three wheeled motorcycle taxi shall —

(a)

not cause or permit any person to ride their motorcycle unless such person is the holder of a valid driving licence or a valid provisional licence endorsed in respect of that class of motorcycles;

(b)

ensure that all three wheeled motorcycles taxi owned have at the minimum a Third Party Public Service Vehicle Insurance.

12.
Responsibilities of a Rider

Every rider of a three wheeled motorcycle shall —

(a)

not ride a motorcycle unless that person has a valid driving licence issued by the Authority;

(b)

not ride a motor cycle without properly wearing a seat belt or carry passengers who have not properly worn their seat belts;

(c)

not carry more than passengers in excess of the seating positions provided;

(d)

ensure that the headlights of the motorcycle are on at all times when riding;

(e)

overtake on the right hand side and not to overtake in the same lane occupied by the vehicle being overtaken;

(f)

observe traffic lights;

(g)

not ride or operate a motorcycle between lanes of traffic or between adjacent lanes or rows of vehicles;

(h)

keep the seat belts in a clean, dry and generally wearable condition;

(i)

observe all traffic rules.

13.
Responsibilities of a Passenger

Every passenger in a three wheeled motorcycle shall —

(a)

wear seatbelt whenever being carried on a motorcycle;

(b)

not board or be carried on a motorcycle that already has the maximum number of passengers allowed.

14.
Areas of operation

The Authority in consultation with the relevant county government shall designate —

(a)

the areas of operation of motorcycle taxis;

(b)

the hours of operation of motorcycle taxis.

15.
Offences and penalties

A person who contravenes any provision of these Regulations and whose penalty is not provided for in the Traffic Act (Cap. 403), commits an offence and is liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or, both.

16.
Repeal

Regulation 25A of Legal Notice 173 is revoked.

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF TOURIST SERVICE) REGULATIONS, 2015

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

3.

Application of the Regulations.

4.

Tourist Service Vehicles to be Licensed.

5.

Conditions to be met by applicants.

6.

Documents to be submitted with the application.

7.

Operation of Tourist Service Vehicles.

8.

Driver of Tourist Service Vehicle.

9.

Insurance.

10.

Appeals

11.

Offences and Penalties.

12.

Application of Legal Notice 217 of 2013.

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF TOURIST SERVICE VEHICLE) REGULATIONS, 2015
[L.N. 20/2015.]
1.
Citation

These Regulations may be cited as the National Transport and Safety Authority (Operation of Tourist Service Vehicles) Regulations, 2015 and shall come into force upon publication in the Gazette.

2.
Interpretation

In these Regulations, unless the context otherwise requires —

“Act” means the National Transport and Safety Authority Act, 2012;

"Appeals Board" means the Transport Licensing Appeal Board established under section 39 of the Act;

"Authority" means the National Transport and Safety Authority established under section 3 of the Act;

“Cabinet Secretary” has the meaning assigned to it under the Act;

“corporate body" means a limited liability company registered under the Companies Act, (6) and includes a cooperative society registered under the Cooperative Societies Act, (0) and a society registered under the Societies Act (8);

“licence” means a tourist service licence issued by the Authority;

"licensee" means a person to whom a license is issued under the Act;

"owner" means the registered owner of the tourist service vehicle;

"private car hire" has the same meaning as assigned to it in the Traffic Act (3);

"tourist service vehicle" means any vehicle (including private hire vehicles) operated by a licensed tour operator and used exclusively for the carriage of tourists;

"Third Party Motor Vehicle Insurance" means an insurance policy by that name issued in respect to a tourist service vehicle pursuant to the provisions of the Insurance (Motor Vehicle Third Party Risks) Act (5);

"tour operator" means the corporate body with operational responsibility over the tourist service vehicle on a day to day basis either as the registered owner of the vehicle or pursuant to the terms of a contract or franchise agreement with the registered owner of the vehicle.

3.
Application of the Regulations

These Regulations shall apply to all tourist service vehicles operating on a public road in Kenya.

4.
Tourist Service Vehicles to be Licensed
(1)

A person shall not operate a tourist service vehicle without a valid license issued by the Authority.

(2)

A person desirous of operating a tourist service vehicle shall make an application to the Authority and shall be accompanied with the fee prescribed in the First Schedule.

5.
Conditions to be met by applicants
(1)

A person desirous of operating tourist service vehicles shall —

(a)

have a valid tour operators license issued by the Tourism Regulatory Authority;

(b)

have in place a code of conduct approved by the Authority governing its employees, agents and sub-contractors;

(c)

have in place a documented management system, safety management system based on ISO 39001:2012 "Road Traffic Safety Management Systems" or equivalent and customer complaints handling system;

(d)

comply with labour laws and regulations including those relating to statutory deductions, health and safety of the workplace, Work Injuries Benefits Act (No. 13 of 2007), insurance, statutory leave days and written contracts of employment for staff;

(e)

subscribe to an accident and emergency mutual aid system.

(2)

The Authority may —

(a)

refuse to issue a tourist service vehicle license to an applicant who fails to fulfill any of the stipulated conditions; or

(b)

at its discretion issue a license conditional on the requirement that the applicant demonstrates compliance within a stipulated period failing which the license shall be withdrawn upon the expiry of the stipulated period.

6.
Documents to be submitted with the application

A person applying for a license shall submit to the Authority certified copies of —

(a)

a valid tour operators license issued by the Tourism Regulatory Authority;

(b)

certificate of registration as a company under the Companies Act (6) or a cooperative society under the Cooperative Societies Act (0).

(c)

a list of its directors;

(d)

a lease or certificate of ownership of the head office from which it is operating or intends to operate the tourist service vehicle business;

(e)

tax compliance certificate issued by the Kenya Revenue Authority;

(f)

a description of the operator's management system, safety management system and customer complaints handling system;

(g)

valid driving license, identity card, and certificate of good conduct of each person who shall drive the tourist service vehicles in respect to which the application for the license is being made;

(h)

valid inspection certificate issued by the Authority of each vehicle in respect to which an application is being made;

(i)

the certificate of ownership or other evidence of ownership in the name of the owner of the vehicle or a contract or franchise agreement between the applicant and the operator or intended operator of the vehicle; and

(j)

the current third party insurance.

7.
Operation of Tourist Service Vehicles
(1)

Every operator of licensed tourist service vehicles shall —

(a)

have in place or outsource a fleet management system capable of recording speed and location of the vehicle at any one time;

(b)

subscribe to a data storage system capable of storing data on vehicle speed, location and operation for a period of thirty days;

(c)

provide the data stored in (b) to the Authority before the expiry of the prescribed storage period;

(d)

in case of any accident resulting in a fatality, submit an investigation report to the Authority within fourteen days containing details of the driver, passengers, time of accident, probable cause and corrective measures undertaken;

(e)

boldly display at a conspicuous place on the vehicle an identification mark approved by the Authority;

(f)

except for private car hire, boldly display on the vehicle the name of the company under which the vehicle operates;

(g)

maintain a passenger manifest;

(2)

Tourist service vehicles shall conform to the construction and design specifications for tourist service vehicles that shall be approved by the Authority.

8.
Driver of Tourist Service Vehicle
(1)

Every driver of a tourist service vehicle shall —

(a)

have a valid driver's license for that category of vehicle;

(b)

have a valid Public Service Vehicle License;

(c)

have a valid tourism driver-guide license issued by the Tourism Regulatory Authority.

(2)

Not withstanding subsection 8(1), persons who hire tourist service vehicle for self-drive shall only be required to have a valid driving license for that category of vehicle.

9.
Insurance

A person shall take out an insurance cover for a tourist service vehicles, where the insurance company —

(a)

is licensed by the Insurance Regulatory Authority under the Insurance Act (Cap. 487) to provide that category of insurance;

(b)

submits to the Authority a report on claims made in respect to accidents involving tourist service vehicles it has insured and compensation paid in the immediately preceding year; and

(c)

submits to the Authority its customer service charter and claims payment policy.

10.
Appeals

A person aggrieved by the decision of the Authority taken under these Regulations may within fourteen days of receiving the decision appeal to the Appeals Board.

11.
Offences and Penalties
(1)

A person who —

(a)

operates a tourist service vehicle without a valid license issued by the Authority in respect to that vehicle;

(b)

drives a tourist service vehicle in breach of any provision of these Regulations: or

(c)

provides false information to the Authority,

commits an offence and is liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or both.

(2)

The Authority may —

(a)

suspend, cancel or withdraw the license of a tourist service vehicle operated by an operator who contravenes any provision under these Regulations;

(b)

suspend, cancel or revoke the license of a driver who contravenes any provisions of these Regulations or the Traffic Act (Cap. 403);

(c)

where it deems necessary order that all vehicles belonging a Company be subjected to inspection.

12.
Application of Legal Notice 217 of 2013

Legal Notice 217 of 2013 on speed governors shall apply to Tourist Service Vehicles.

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF COMMERCIAL VEHICLES) REGULATIONS, 2018

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Application of these Regulations.

4.

Safety responsibility.

5.

Commercial vehicle to be licensed.

6.

Application for a commercial vehicle licence.

7.

Securing of cargo generally.

8.

Securing of certain cargo.

9.

Retro-reflective contour markings for commercial vehicles and trailers.

10.

Parking.

11.

Daily driving and on-duty time.

12.

Mandatory rest time.

13.

Daily log sheet.

14.

Safety audits.

15.

Record and reporting requirements.

16.

Removal or towing of vehicles.

17.

Revocation or suspension of commercial vehicle licence.

18.

Power of the Authority to order inspection.

19.

Insurance.

20.

Appeals.

21.

Offences and penalties.

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF COMMERCIAL VEHICLES) REGULATIONS, 2018
[L.N. 3/2018.]
1.
Citation

These Regulations may be cited as the National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2018.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“Appeals Board” means the Transport Licensing Appeals Board established under section 39 of the Act;

“authorised officer” means

“Authority” means the National Transport and Safety Authority established under section 3 of the Act;

“Cabinet Secretary” has the meaning assigned to it under the Act;

“carrier” means a corporate body or an individual with operational responsibility over a commercial vehicle on a day to day basis either as the registered owner of the vehicle or pursuant to a contract or franchise agreement with the registered owner of the vehicle but does not include the driver of the vehicle;

“commercial vehicle licence” means a licence issued by the Authority under the Act, for the operation of a commercial vehicle;

"commercial vehicle” has the meaning assigned to it under the Traffic Act (Cap. 403);

“corporate body” means a limited liability company registered under the Companies Act (No. 17 of 2015), and includes a cooperative society registered under the Cooperative Societies Act (Cap. 490) and a society registered under the Societies Act (Cap. 108);

“heavy commercial vehicle” has the meaning assigned to it under the Traffic Act (Cap. 403);

“off-duty time” means any period other than on-duty time;

“on-duty time” means driving time;

“owner” means the registered owner of a commercial vehicle;

“public road” has the meaning assigned to it under the Public Roads and Roads of Access Act (Cap. 399);

“retro-reflective marking material” means a surface or a device from which, when directionally illuminated, a relatively large portion of the incident radiation is retro-reflected;

“Third Party Motor Vehicle Insurance” means an insurance policy by that name issued in respect to a public service vehicle pursuant to the provisions of the Insurance (Motor Vehicle Third Party Risks) Act (Cap. 405); and

“urban area” has the meaning assigned to it under the Urban Areas and Cities Act (No. 13 of 2011).

3.
Application of these Regulations

These regulations shall apply to any commercial vehicle—

(a)

whose tare weight is more than three thousand and forty eight kilograms; and

(b)

operating on a public road in Kenya.

4.
Safety responsibility

A carrier shall not operate a commercial vehicle if—

(a)

the vehicle does not comply with these regulations;

(b)

the driver of the commercial vehicle fails or refuses to take any action required to be taken under these regulations;

(c)

the cargo transported by the commercial vehicle is not contained, covered, immobilized or secured in accordance with these regulations; or

(d)

the driver of the commercial vehicle is not licensed to drive a commercial vehicle.

5.
Commercial vehicle to be licensed
(1)

A carrier or a driver shall not operate a commercial vehicle without a valid commercial vehicle licence issued by the Authority in accordance with the provisions of regulation 6.

(2)

All commercial vehicles shall be fitted with a speed governor that conforms to the Kenyan Standard KS 2295 or as approved by the Authority.

(3)

A commercial vehicle licence shall be valid for a period of one year and may be renewed annually.

6.
Application for a commercial vehicle licence
(1)

A carrier or a driver may apply for a commercial vehicle licence by submitting an application in the form set out in the First Schedule and the application shall be accompanied by—

(a)

the prescribed fee as set out in the Second Schedule;

(b)

a certificate of incorporation if the applicant is a company incorporated under the Companies Act, 2015 (No. 17 of 2015);

(c)

a certificate of registration if the applicant is a co-operative society registered under the Co-operative Societies Act (Cap. 490);

(d)

a certificate of registration if the applicant is a society registered under the Societies Act (Cap. 108);

(e)

a national identity card if the applicant is an individual;

(f)

the certificate of ownership or other evidence of ownership of the vehicle in the name of the applicant or a contract or franchise agreement between the owner and the carrier or intended carrier of the vehicle;

(g)

a valid certificate of roadworthiness issued by the Authority for each vehicle in respect to which an application is being made;

(h)

a valid insurance cover for the vehicle;

(i)

evidence showing that the commercial vehicle has been fitted with the prescribed speed governor; and

(j)

evidence of installation of a fleet management system accredited by the Authority for heavy commercial vehicles.

(2)

The Authority may—

(a)

refuse to issue a commercial vehicle licence to an applicant who fails to comply with any of the requirements set out in sub-regulation (1); or

(b)

issue a licence on the condition that the applicant demonstrates compliance with the requirements set out in sub-regulation (1) within a stipulated period failure to which the licence shall be withdrawn upon the expiry of the stipulated period.

(3)

The Authority shall make a decision on an application under this regulation within fourteen days of receiving the application.

7.
Securing of cargo generally

A driver or a carrier shall ensure that any cargo transported by the commercial vehicle is contained, covered, immobilised or secured so that the cargo does not leak from, spill from, blow off, fall from, fall through or otherwise be dislodged from the vehicle.

8.
Securing of certain cargo
(1)

Cargo that comprises of—

(a)

sand, gravel, crushed stone, ore or salt, or any mixture of sand, gravel, crushed stone, ore or salt or whole stones;

(b)

waste; or

(c)

shredded scrap metal, that is carried by a commercial vehicle on a public road and is not enclosed by the vehicle or a load container must be covered as provided for in sub-regulation (2).

(2)

The covering referred to in sub-regulation (1) shall be—

(a)

made of tarpaulin, canvas, wire mesh, netting or other material capable of containing the load within the vehicle or load container; and

(b)

secured to the vehicle or load container in such a manner that it cannot become separate from the vehicle or load container.

(3)

The carrier shall be responsible for any damage caused to a public road by spilled cargo that should have been enclosed or covered in accordance under sub-regulation (1) and shall be responsible for the cost of any repairs that may be needed to the public road.

9.
Retro-reflective contour markings for commercial vehicles and trailers
(1)

A commercial vehicle shall be required to have retro-reflective contour markings that conform to the standard KS 1820: 2005, that identify as close as possible the entire length and width of the motor vehicle when viewed from the front, side or rear as illustrated in the Third Schedule.

(2)

The minimum width of the retro-reflective contour markings should be two inches.

10.
Parking
(1)

A carrier or driver shall ensure that a commercial vehicle is not parked in an undesignated parking area including road sides, road reserves, road ways, bridges and tunnels.

(2)

A carrier or driver shall ensure that a commercial vehicle is parked at least five metres from the edge of the road so as not to block a pedestrian way, obstruct the view of other road users or affect the safe operation of the road.

11.
Daily driving and on-duty time
(1)

A carrier shall ensure that a commercial vehicle is not driven if—

(a)

the driver has accumulated eight hours of driving time within twenty four hours; or

(b)

has driven for a total of three hundred kilometres within a period of twenty four hours whichever is achieved first.

(2)

A carrier shall ensure that a commercial vehicle is operated by two drivers where the vehicle—

(a)

is to be driven for a distance of more than five hundred kilometres; or

(b)

is to be driven for more than eight hours.

12.
Mandatory rest time
(1)

A driver of a commercial vehicle shall rest for a period of at least one hour for each period of continuous driving of four hours.

(2)

A carrier shall ensure that every driver of a commercial vehicle rests as specified in sub-regulation (1).

13.
Daily log sheet
(1)

A driver of a heavy commercial vehicle shall prepare a daily log sheet accounting for the driver's on duty and off duty time in the form set out in the Fourth Schedule.

(2)

A carrier shall ensure that the driver of the heavy commercial vehicle has completed the daily log sheet for the preceding day before allowing the driver to drive the vehicle.

(3)

A driver shall—

(a)

not keep more than one daily log sheet in respect of any day;

(b)

keep in the vehicle, logs sheets for the preceding seven days; and

(c)

not enter inaccurate information in the daily log sheet.

(4)

An authorised officer from the Authority or a police officer may stop and inspect the daily log sheets and supporting documents of the commercial vehicles as stipulated in sub regulation (3).

(5)

An authorized officer from the Authority or a police officer above the rank of superintendent of police may order the detention of the driver or the commercial vehicle where—

(a)

the driver refuses to produce the daily log sheet;

(b)

the driver has not completed the required log sheet; or

(c)

the officer suspects that a driver has entered inaccurate information in the daily log sheet.

14.
Safety audits
(1)

The Authority may conduct a safety audit of any carrier, owner or driver of a commercial vehicle.

(2)

A safety audit shall include—

(a)

an examination of the qualification of the driver of the commercial vehicle;

(b)

an examination of the duty status of the driver of the commercial vehicle; and

(c)

an examination of the maintenance records of the commercial vehicle.

15.
Record and reporting requirements
(1)

A carrier or driver shall keep, in electronic or written format—

(a)

a maintenance record for a commercial service vehicle for a minimum period of one year;

(b)

the inspection report for the vehicle; and

(c)

a monthly record of the daily logs for a period of one year.

(2)

A carrier shall—

(a)

where there has been an accident involving the vehicle that results in the death of a person, submit to the Authority within twenty-four hours a report of the accident which shall include the probable cause of the accident and any remedial action intended to be taken by the carrier; and

(b)

on the fifth day of each quarter beginning on the first day of January, submit to the Authority—

(i) a list of authorized drivers in the employment of the carrier; and
(ii) a copy of the monthly daily log sheets of each driver.
(3)

The report under sub-regulation (2)(a) shall be in the form set out in the Fifth Schedule.

16.
Removal or towing of vehicles
(1)

The carrier or driver of a commercial vehicle shall—

(a)

in case of a break-down or stalling of the commercial vehicle, ensure that the commercial vehicle is removed from the road as soon as possible; and

(b)

in case of a break-down or stalling of a heavy commercial vehicle and where specialized equipment is required to move the vehicle, ensure that the vehicle is moved from the road within twenty four hours of the incident.

(2)

The driver of a commercial vehicle shall, in case of a breakdown, immediately place on the road not less than fifty metres from the commercial vehicle, two red reflecting triangles of such construction and dimensions as may be prescribed, one ahead of the vehicle and one behind it so that each reflecting triangle is clearly visible to drivers of vehicles approaching the commercial vehicle from ahead or behind as the case maybe.

(3)

Subject to sub-regulation (1), the Authority may tow or remove a commercial vehicle that has stalled or broken down on a road or arrange for a third party to tow or remove such a vehicle at the carrier's cost if in the opinion of the Authority such vehicle poses a risk to the safety of other road users.

(4)

The cost referred to in sub-regulation (3) shall be recoverable as a civil debt:

Provided that the Authority shall ensure that any person engaged to tow or remove stalled commercial vehicles on the road shall charge a standard fee that is reasonable and based on the distance travelled from the place where the commercial vehicle broke down or stalled to the place directed for delivery by the Authority.

(5)

The Authority may prescribe the fees to be charged for the purposes of this regulation.

17.
Revocation or suspension of commercial vehicle licence
(1)

The Authority may suspend or revoke a commercial vehicle licence where the carrier—

(a)

fails to keep any of the records required to be kept in accordance with the provisions of these Regulations;

(b)

fails to submit the records required to be submitted under these regulations to the Authority;

(c)

fails a safety audit under regulation 14;

(d)

permits an unqualified driver to drive a commercial vehicle;

(e)

provides inaccurate information to the Authority;

(f)

fails or refuses to settle any towing charges imposed by the Authority;

(g)

fails to equip the vehicle with two red reflecting triangles of the approved construction and dimensions; or

(h)

fails to properly secure cargo as required under these Regulations.

(2)

The Authority shall, before suspending or revoking a commercial vehicle licence, give the licensee a reasonable opportunity to present his or her case.

18.
Power of the Authority to order inspection

The Authority may order the inspection of any commercial vehicle to establish the road worthiness of the vehicle.

19.
Insurance

A carrier shall take out, at the minimum, third party insurance cover for each of its commercial vehicles.

20.
Appeals

A person aggrieved by any decision made by the Authority under these regulations may, within fourteen days of being notified of the decision, appeal to the Appeals Board against the decision.

21.
Offences and penalties

Any person who contravenes any provision of these regulations commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or to both.

FIRST SCHEDULE
[Reg. 6(1).]

APPLICATION FOR COMMERCIAL SERVICE LICENCE

FOR OFFICIAL USE

A. APPLICANT'S INFORMATION

Name of Registered Owner: ....................Address: .............................

E-mail address: ...................................... Mobile No. ...........................

B. TYPE OF VEHICLE.

Tick the type of vehicle.

□ Commercial Vehicle

□ Heavy Commercial Vehicle

C. DOCUMENTATION REQUIRED. (Applicant MUST provide copies of the listed documents).

D. DECLARATION

I declare that I have read all the answers I have given to the questions in this application and that the answers given by me are complete, true and correct in every detail.

I understand that if I have stated anything that is false or misleading, the licence granted to me as a result of this application may be absolutely void and have no legal effect whatsoever.

I understand that I may be prosecuted for giving or stating facts or misleading information or documents.

I also declare that I have read and understood the general duties and responsibilities of a transport operator and hereby agree to be bound by them.

Date: ............................................................................

SECOND SCHEDULE

[Reg. 6(1)(a).]

FEES

Application fee for a commercial licence (per vehicle) ................................. Kshs 2,000.

Renewal of licences .................................................................................... Kshs 1,500.

Replacement of damaged or lost licence ................................................... Kshs 1,500.

THIRD SCHEDULE

[Reg. 9(1).]

RETRO-REFLECTIVE MARKING FOR COMMERCIAL VEHICLES AND THEIR TRAILERS

FOURTH SCHEDULE

[Reg. 13(1).]

DAILY LOG

Driver's name .........................................................................................................

Signature ................................................................................................................

Vehicle Registration No. .......................................................................................

FIFTH SCHEDULE

[Reg. 15(3).]

ACCIDENT REPORT FORM

Name of Registered Owner of Commercial Vehicle:- .................................................

Date and location of accident: .......................................................................................

Registration number of vehicles involved in accident ................................................

Licence Number of commercial vehicle:- ....................................................................

Driver's Name:- .................................................................................................................

Driving licence No. of driver of Commercial Vehicle:- ..................................................

....................................................................................................................................................

....................................................................................................................................................

Number of confirmed fatalities:- .......................................................................................

Circumstances about the accident/ probable cause:- ....................................................

...................................................................................................................................................

....................................................................................................................................................

....................................................................................................................................................